UP 2010 Legal Forms

LEGAL ETHICS AND FORMS REVIEWER

TABLE OF CONTENTS

LEGAL FORMS Table of Contents

Part II. A. B. D. E. E. 1. 2. 3. 4. 5.

Pleadings in Civil Procedure .........118 Complaint ..........................................118 Answer ..............................................120 Pre-Trial Brief ....................................122 Motions..............................................124 Special Civil Actions..........................132 Certiorari.......................................132 Prohibition ....................................133 Mandamus....................................134 Interpleader ..................................135 Action to Quiet (or Remove Cloud on) Title...............................................136 6. Action for Declaratory Relief ........137 7. Quo Warranto...............................138

Part III. Pleadings and Other Legal Documents in Criminal Procedure .............139 A. Complaint-Affidavit and CounterAffidavit..............................................139 B. Information and Complaint ................142 C. Motions..............................................145 1. Motion to Quash Information........145 2. Motion to Quash Search Warrant 146 3. Motion to Suppress Evidence ......147 4. Motion for Bail ..............................148 D. Application for Bail ............................149

IV. Pleadings and Other Legal Documents Common to Civil and Criminal Procedure. 150 A. Offer of Evidence and Opposition/Comment to Offer ........... 150 B. Demurrer to Evidence ....................... 152 C. Notice of Lis Pendens ....................... 154 D. Appearance and Withdrawal as Counsel ...................................................... 154 E. Substitution of Counsel ..................... 156 Part V. Pleadings in Cases and Special Proceedings.................................................. 157 A. Petition for Habeas Corpus............... 157 B. Petition for Adoption.......................... 158 C. Petition for Declaration of Nullity of Marriage ............................................ 158 D. Petition for Probate of Holographic Will .. ...................................................... 160 Part VI. Deeds, Contracts and Other Legal Documents.................................................... 161 A. General Power of Attorney................ 161 B. Special Power of Attorney................. 162 C. Contract of Lease.............................. 163 D. Holographic and Notarial Will ........... 164 E. Donation Inter Vivos.......................... 166 F. Secretary’s Certificate....................... 167 G. Board Resolutions............................. 167 H. Deed of Assignment.......................... 168 I. Deed of Sale ..................................... 168 J. Dacion En Pago ................................ 173 K. Chattel Mortgage .............................. 174 Part VII. Appeals and Other Modes of Review 175 A. Ordinary Appeals in Civil Cases ....... 175 B. Ordinary Appeals in Criminal Cases. 175 C. Petitions for Review .......................... 176 Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data ........................... 177 A. Amparo.............................................. 177 B. Writ of Habeas Data.......................... 180 Glossary of Uncommon Terms................... 183

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Part I. Parts Common to Forms ..................108 A. Scilicet ...............................................108 B. Captions and Titles ...........................108 C. Prayer................................................109 D. Statements Under Oath ....................109 1. Acknowledgement and Jurat ........109 2. Verification ....................................111 3. Certification against Forum Shopping ......................................................112 4. Verified Statement of Material Dates 113 5. Specific Denial of Due Execution of Actionable Documents..................114 E. Request for and Notice of Hearing....114 F. Proof of Service.................................115 1. Proof of Personal Service .............115 2. Proof of Service by Registered Mail (with Explanation for failure to serve personally) ....................................115 G. Place, Date, Signature, Address, Roll Number, IBP Receipt Number, PTR Number, etc.......................................116 H. Notice of Appeal................................117

Prof. Theodore Te Faculty Editor

Francesse Joy Cordon Lead Writer Don Mañebo Writer

LEGAL ETHICS and FORMS Francesse Joy Cordon Subject Editor

ACADEMICS COMMITTEE Kristine Bongcaron Michelle Dy Patrich Leccio Editors-in-Chief

PRINTING & DISTRIBUTION Kae Guerrero

DESIGN & LAYOUT Pat Hernandez Viktor Fontanilla Romualdo Menzon Jr. Rania Joya

LECTURES COMMITTEE Michelle Arias Camille Maranan Angela Sandalo Heads Katz Manzano Mary Rose Beley Sam Nuñez Krizel Malabanan Arianne Cerezo Marcrese Banaag Volunteers

MOCK BAR COMMITTEE Lilibeth Perez

BAR CANDIDATES WELFARE

Part I. PARTS COMMON TO FORMS

NOTE THE BASIC DIFFERENCE BETWEEN: MOTIONS :: applications to the court for an (interlocutory or interim) order (for the adverse party or for third parties to do something) PLEADINGS :: written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment └ seek final reliefs

Part I. Parts Common to Forms A. B. C. D.

SCILICET CAPTIONS AND TITLES PRAYER STATEMENTS UNDER OATH 1. Acknowledgement and Jurat 2. Verification 3. Certification against Forum Shopping 4. Verified Statement of Material dates 5. Specific Denial of Due Execution of Actionable Documents E. REQUEST FOR AND NOTICE OF HEARING F. PROOF OF SERVICE 1. Proof of Personal Service 2. Proof of Service by Registered Mail G. PLACE, DATE, SIGNATURE, ADDRESS, ROLL NUMBER, IBP RECEIPT NUMBER, PTR NUMBER, ETC. H. NOTICE OF APPEAL

A. Scilicet SCILICET, often abbreviated as “S.S.” or “§” in a caption, is Latin for “it is permitted to know”. It refers to the venue of execution of the instrument or document, and is read as “to wit” or “that is to say”. Standard Form of a Scilicet:

Dahlia Salamat

LOGISTICS

REPUBLIC OF THE PHILIPPINES City/Municipality of ____________ ) S.S.

)

Charisse Mendoza

SECRETARIAT COMMITTEE Jill Hernandez Head Loraine Mendoza Faye Celso Mary Mendoza Joie Bajo Members

General Form of a Caption and Title:

B. Captions and Titles CAPTION, a part of the pleading, sets forth: 1. the name of the court 2. the title of the action 3. the docket number, if assigned TITLE, on the other hand, indicates the names of the parties, who must be named in the original complaint or petition. But, in subsequent pleadings, it shall suffice if the name of the first party on each side be stated, in case there are other persons on each side. Their respective participation in the case must be specified.

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LEGAL FORMS TEAM

LEGAL FORMS

LEGAL ETHICS AND FORMS REVIEWER

LEGAL ETHICS AND FORMS REVIEWER

Part I. PARTS COMMON TO FORMS

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1, Manila

-versus-

Civil Case No._______________ For _______________________

________________________________________, Defendant. x-----------------------------------x

OR In case of a special proceeding, the Caption and Title looks like: IN THE MATTER OF _______________________

C. Prayer PRAYER WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages, Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary damages, and Fifty Thousand Pesos (Php.50,000) for attorney’s fees. Other just and equitable reliefs are also prayed for.

D. Statements Under Oath 1. Acknowledgement and Jurat ACKNOWLEDGMENT Based on the 2004 Rules on Notarial Practice: An act in which an individual on a single occasion: a. appears in person before the notary public and presents an integrally complete instrument or document; b. is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and c. represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. Other Differences: Declaration that a person has himself executed a deed Purpose:

JURAT An act in which an individual (the NOTARY PUBLIC) on a single occasion: a. appears in person before the notary public and presents an instrument or document; b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;  e.g. government issued ID c. signs the instrument or document in the presence of the notary; and d. takes an oath or affirmation before the notary public as to such instrument or document.  particularly re the due execution of the document

Certification that the instrument was “sworn” to him Purpose:

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109

________________________________________, Plaintiff,

To authorize deed to be given in evidence without further proof of its execution To entitle it to be recorded Where used: - notarized document transmitting rights or property

Part I. PARTS COMMON TO FORMS

To give the document a legal character

Where used: - any notarized document * NOTE THAT if the document is subscribed before a public officer duly authorized to take oaths, then there is no need for the affiant to produce a CTC, nor for the entry into a Notarial Register; the italicized portion of the JURAT is dispensed with, but not the oath itself.

Note that one must specifically designate the nature/title of the instrument or deed the affiant has executed. Acknowledgement: Republic of the Philippines ) City of Manila

) S.S.

th

BEFORE ME, this 13 day of April, 2007 in the City of Manila, Philippines, personally appeared ATTICUS FINCH, with [Valid Identification Document] (Driver’s License No. N25-07-007777) issued by the [official agency] (Land Transportation Office) on 10 January 2007, known to me to be the same person who executed the foregoing instrument, and who acknowledged to me that the same is his free act and deed. IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place written. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007 st

NOTE: If the instrument consists of 2 or more pages, include the following after the 1 paragraph: This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed with my Notarial seal.

* The Notary Public’s seal must be impressed on every page of the document notarized. Jurat: SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of _________________, affiant exhibiting before me his Government Issued ID no. _______________ issued on __________________ at _____________________. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ Doc. No. Page No. Book No. Series of 2007.

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LEGAL ETHICS AND FORMS REVIEWER

LEGAL ETHICS AND FORMS REVIEWER

Part I. PARTS COMMON TO FORMS

* The use of Community Tax Certificates is now discouraged as it is far too easy to obtain and highly difficult to authenticate. Instead, what is now required to be stated is government issued identification or GIID (e.g., Drivers license, SSS/GSIS Identification etc.) * COMMON TO BOTH JURAT AND ACKNOWLEDGEMENT:

(SGD.) X Notary Public For (Place) until (Date Commission Expires) PTR (Number)/(Date of Issue)/(Place of Issue) Address MCLE Compliance No.

111

2. At the end of every notarized document, the following entries indicating the details of recording of the document in his Notarial Book must appear: Doc. No. Page No. Book No. Series of (Year)

2. Verification A pleading is VERIFIED by an affidavit that the affiant has read the pleading and that the allegations contained therein are true and correct of his personal knowledge or based on authentic records (Sec. 4, par. 2, Rule 7, RoC). The indispensable requirement of a Verification is the statement that the document is executed UNDER OATH.

imperfections of form and technicalities of procedure are to be disregarded except where substantial rights would otherwise be prejudiced. Only duly authorized natural persons may execute verifications in behalf of juridical entities such as petitioners NGOs and people’s organizations.

A verification based on “information and belief” or upon “knowledge, information and belief” is defective and the pleading is thus considered unverified/unsigned.

The pleadings required to be verified are as follows: 1. All pleadings under the Rules of Summary Procedure 2. Complaints for a. Forcible entry b. Unlawful detainer c. Replevin 3. Complaints with application for injunction or attachment 4. Answer to complaint or counterclaim based on actionable documents 5. Petitions for a. Certiorari b. Prohibition c. Mandamus d. Habeas Corpus e. Change of Name

Alternative Center for Organizational Reforms and Development, Inc. vs. Zamora (2005) :: The statement “to the best of my knowledge are true and correct” referring to the allegations in the petition does not mean mere “knowledge, information and belief.” It constitutes substantial compliance with the requirement of section 6 of Rule 7, as held in Madrigal vs. Rodas (80 Phil. 252.). At any rate, this petty technicality deserves scant consideration where the question at issue is one purely of law and there is no need of delving into the veracity of the allegations in the petition, which are not disputed at all by respondents. As we have held time and again,

VERIFICATION Republic of the Philippines ) City of _______________

) S.S.

C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that: 1. He is the plaintiff in the pleading/document entitled (pleading/document being verified) 2. He has caused its preparation 3. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic records. (Sgd.) C.K. HILFIGER PLUS: Jurat

LEGAL FORMS

1. The Notary Public must sign and indicate his professional circumstances:

LEGAL ETHICS AND FORMS REVIEWER

Part I. PARTS COMMON TO FORMS

3. Certification against Forum Shopping

Failure to comply with this requirement is not curable by mere amendment but shall be cause for dismissal w/o prejudice, UNLESS otherwise provided, upon motion and after hearing. Submission of a false certification or noncompliance with its undertakings shall constitute indirect contempt of court, without prejudice to corresponding administrative and criminal actions. Alternative Center for Organizational Reforms and Development, Inc. vs. Zamora (2005) :: While the requirement of the certificate of non-forum shopping is mandatory, nonetheless the requirements must not be interpreted too literally and thus defeat the objective of preventing the undesirable practice of forum-shopping (Bernardo v. NLRC, 255 SCRA 108 [1996]). Lastly, technical rules of procedure should be used to promote, not frustrate justice. While the swift unclogging of court dockets is a laudable objective, the granting of substantial justice is an even more urgent ideal. San Miguel Corporation vs. Aballa (2005) :: While the general rule is that the certificate of non-forum shopping must be signed by all the plaintiffs or petitioners in a case and the signature of only one of them is insufficient,the Supreme Court has stressed that the rules on forum shopping, which were designed to promote and facilitate the orderly administration of justice, should not be interpreted with such absolute literalness as to subvert its own ultimate and legitimate objective. Strict compliance with the provisions regarding the certificate of non-forum shopping merely underscores its mandatory nature in that the certification cannot be altogether dispensed with

or its requirements completely disregarded. It does not, however, thereby interdict substantial compliance with its provisions under justifiable circumstances. Philippine Rabbit Bus Lines, Inc. vs. Aladdin Transit Corp. (2006) :: The requirement of verification and certification against forum shopping are mandatory, failure to comply with which is sufficient ground for the dismissal of the petition. Revised Circular No. 28-9 in fact requires all petitions filed with the SC or CA to, not only comply with Rule 45, but also to certify under oath all of the following facts or undertakings: (a) he has not theretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agencies; (b) to the best of his knowledge, 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; (c) if there is such other action or proceeding pending, he must state the status of the same; and (d) if he should thereafter 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 undertakes to promptly inform the aforesaid courts and such other tribunal or agency of that fact within five (5) days therefrom. Abaigar vs. Abaigar (2006) :: A certification against forum shopping by counsel and not by the principal party himself is no certification at all. It is a defective certification which is tantamount to non-compliance with the requirement prescribed by the Rules of Court and constitutes a valid cause for the dismissal of the petition. This is because it is the petitioner and not the counsel who is in the best position to know whether he actually filed or caused the filing of the petition. The appellate court, strictly speaking, was, therefore, correct when it dismissed the petition in this case. There have been instances, however, that the Rule on the matter has been relaxed, such as when the petitioner was at the time of the filing of the petition abroad (Donato vs. Court of Appeals), or where the interest of substantial justice so requires (Sy Chin vs. Court of Appeals) and (Paul Lee Tan vs. Paul Sycip and Merritto Lim). In fine, when the interest of substantial justice overrides the procedural lapse, the Rule on the matter may be relaxed.

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Under Rule 7, Sec. 5, the plaintiff or principal party must certify under oath in the complaint, initiatory pleading, or sworn certification that: 1. he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending there 2. if there is such other pending action or claim, a complete statement of its present status, and 3. if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days to the court where his complaint or pleading was filed.

LEGAL ETHICS AND FORMS REVIEWER

Part I. PARTS COMMON TO FORMS

CERTIFICATION AGAINST FORUM SHOPPING

) S.S.

C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that: 1. He is the plaintiff in the case entitled (title of the case); 2. He certifies that he has not commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency; 3. To the best of his knowledge, there is no such pending action or claim; 4. If he should learn that a similar action or claim has been filed or is pending he shall report such fact within five (5) days from the discovery to this Honorable Court. (Sgd.) C.K. HILFIGER PLUS: Jurat

* The Verifications in 2,3,4 and 5 can be contained in one document, if they are required in the same pleading, as shown here: Combined Verification and Certification against Forum Shopping: VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (Sgd.) C.K. HILFIGER PLUS: Jurat

4. Verified Statement of Material Dates This statement, referring to the date when the Decision or Judgment was received, is added to the standard “Verification and Certification Against Forum Shopping” in special civil actions.

* Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari, mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule 46, section 3 provides that the petition must be accompanied not only by a certified true copy of the judgment or order questioned but also by “such material portions of the record as are referred to therein, and other documents, relevant or pertinent thereto.”

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of the Court on 13 April 2007; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (Sgd.) C.K. HILFIGER PLUS: Jurat

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Republic of the Philippines ) City of _______________

LEGAL ETHICS AND FORMS REVIEWER

Part I. PARTS COMMON TO FORMS

5. Specific Denial of Due Execution of Actionable Documents

Under Rule 8, Sec. 8, to contest such an actionable document, the genuineness and due execution of the instrument must be deemed admitted, UNLESS, the adverse party, UNDER OATH, SPECIFICALLY DENIES them, and sets forth what he claims to be the facts; but the requirement of an oath does not apply, when the adverse party does not appear to be a party to

the instrument or when compliance with an order for an inspection of the original document is refused. Under Sec. 10 thereof, the defendant must specify each MATERIAL ALLEGATION OF FACT, the truth of which he does not admit and, whenever practicable, he must set forth the substance of the matters upon which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he must specify so much of it as is true and material and shall deny only the remainder. However, where a defendant is without knowledge or information, sufficient to form a belief as to the truth of a material averment made in the complaint, he must so state, and this shall have the effect of a denial. Allegations not specifically denied are deemed admitted as per Sec. 11, Rule 8, RoC.

I, (Name), do hereby state under oath that: 1. I am the (designation of party) in this case; in said capacity, I received a copy of the (adverse pleading) on (date). 2. I caused this (name of pleading) to be prepared; 3. I have read its contents and affirm their truth, based on my own personal knowledge and the records at hand, all of which I have personally read; 4. I specifically deny the authenticity and due execution of the following actionable documents referred to in the (adverse pleading) and attached to it as Annex (number). 5. I have not commenced any action between the same parties and for the same issues in any other court, nor is any such action pending; 6. Should I learn of any such action, I undertake to report this to the court within 5 days from my knowledge; TO THE TRUTH OF THE FOREGOING, I have signed this Verification and Certification on (date). PLUS: JURAT.

E. Request for and Notice of Hearing The NOTICE OF HEARING is both a REQUEST and a NOTICE. It is a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific date and a NOTICE to the opposing counsel of the hearing date requested. In non-litigious motions or ex-parte motions, it is sufficient that the request not contain a date, and instead simply include the line “counsel will submit the motion to the court for approval immediately upon receipt.” REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Quezon City, Branch 39 Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the court’s calendar for hearing on Friday, 13 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the morning. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City

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Under Rule 8, Sec. 7, RoC, the substance of an actionable document, upon which an action or defense is based, must be presented in any of three ways: (1) by setting it forth in the pleading; (2) by by attaching the original or a copy of the document to the pleading as an exhibit; or (3) by setting forth a copy, with like effect, in the pleading.

LEGAL ETHICS AND FORMS REVIEWER

Part I. PARTS COMMON TO FORMS

F. Proof of Service 1. Proof of Personal Service Copy furnished through personal service:

2. Proof of Service by Registered Mail (with Explanation for failure to serve personally) Pursuant to Sec. 11 & 13, Rule 13, RoC, a WRITTEN EXPLANATION is required, if the service and filing of pleadings and other papers is done by registered mail instead of by personal service. But, this explanation is not required in papers coming from the court. Otherwise, the paper may be considered as not filed. Also, the explanation does not have to be verified, but it MUST be signed. However, in the Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation and the Affidavit of Service. Copy furnished through registered mail: Atty. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street, Quezon City Registry Receipt No. ________ Post Office ________________ Date _____________________ EXPLANATION The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not being filed on time to the detriment of petitioner. (Sgd.) ATTICUS FINCH Republic of the Philippines ) City of _______________ ) s.s. AFFIDAVIT I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________, after being duly sworn, deposes and states: That on ______________________, I served a copy of the following pleadings/papers by registered mail in accordance with Section 10, 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 (name of party or his/her attorney) at _______________ 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. TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of Manila, Philippines. (Sgd.) HARPER LEE Affiant PLUS: Jurat

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Atty. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street, Quezon City

LEGAL ETHICS AND FORMS REVIEWER

Part I. PARTS COMMON TO FORMS

G. Place, Date, Signature, Address, Roll Number, IBP Receipt Number, PTR Number, etc.

As per SC En Banc Resolution on Bar Matter No. 1132 dated Nov. 12, 2002, all pleadings must indicate the ff: 1. Roll of Attorneys number of counsel 2. Current Professional Tax Receipt number (PTR No.) 3. IBP Official Receipt or Life Member number

As per Bar Matter No. 1922, MCLE compliance or exemption number for the specific compliance period must be stated; failure to do so may mean dismissal of the case or expunction of the pleading. (Note: this came as a result of Justice Nachura’s letter to the SC noting the diminished interest in the MCLE)

City of Manila, 13 April 2007. Atty. Mitch McDeere Counsel for the Defendant 2 The Firm, Laguna Street, Quezon City, Metro Manila (Telephone, Fax, Email) Roll No. PTR OR No., date and place of issue IBP OR No., date and place of issue MCLE Compliance/Exemption No.

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As per A.M. NO. 07-6-5-SC, counsels must now indicate in their pleadings or other legal documents their contact details aside from address, i.e., telephone, fax, mobile or email address.

LEGAL ETHICS AND FORMS REVIEWER

Part I. PARTS COMMON TO FORMS

H. Notice of Appeal This is filed with the trial court that rendered the judgment and not the appellate court. The caption of this Notice must thus refer to the same court that rendered the judgment and not the appellate court.

CAPTION

NOTICE OF APPEAL Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated 13 April 2007, a copy of which he received on 26 April 2007. Quezon City, 2 May 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1, Manila TALO NAN, Plaintiff, Civil Case No. 00222 - versus PANA LO, Defendant. x------------------------- x NOTICE OF APPEAL PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated 6 July 2006, a copy of which he received on 16 July 2006, for being contrary to law and the evidence presented. Quezon City for Manila; 17 July 2006. (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] Copy furnished: MITCH MCDEERE Counsel for Defendant

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A Notice of Appeal is filed with the court, which rendered the judgment or decision being assailed, and NOT with the appellate court. Its caption must refer to the said lower court and not with the latter court.

LEGAL ETHICS AND FORMS REVIEWER

Part II. PLEADINGS IN CIVIL PROCEDURE

Part II. Pleadings in Civil Procedure COMPLAINT ANSWER PRE-TRIAL BRIEF MOTIONS SPECIAL CIVIL ACTIONS 1. Certiorari 2. Prohibition 3. Mandamus 4. Interpleader 5. Action to Quiet (or Remove Cloud on) Title 6. Action for Declaratory Relief 7. Quo Warranto

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A. B. C. D. E.

A. Complaint A complaint MUST include all of the following: 1. Caption and Title 2. Parties/Capacity of Parties 3. Material Allegations of Ultimate Facts 4. Statement of Cause(s) of Action  An ANSWER states the defense/s, admissions/specific denials (if a responsive pleading), counterclaim/crossclaim, where appropriate. 5. Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel  As discussed in I.G, the signature of counsel must also indicate his address, contact details (telephone, fax, mobile or email address), Roll of Attorneys number, current PTR number, IBP O.R. number and MCLE compliance/exemption number.  Under Sec. 3, Rule 7, RoC, the signature of counsel constitutes his certification that he has read the

pleading; that to the best of his knowledge, information and belief, there is good ground to support it; and that it is not interposed for delay. An unsigned pleading produces no legal effect. BUT, the court may, in its discretion, allow such deficiency to be remedied, if it shall appear that the same was due to mere inadvertence and not intended for delay. A counsel, who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein or fails to promptly report to the court a change of his address, must be subject to appropriate disciplinary action. 8. Verification and Certification Against Forum Shopping A complaint MUST state in the body AND in the prayer the AMOUNT OF DAMAGES sought. This requirement is jurisdictional, failure to comply with which is a fatal mistake.

Sample Complaint for Ejectment with Damages: [1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City, Branch 33 ALIS DI-YAN COMPANY, Plaintiff, - versus YOKO NGA, Defendant. x ----------------------------------- x

Civil Case No. 2222 For: Ejectment

LEGAL ETHICS AND FORMS REVIEWER

Part II. PLEADINGS IN CIVIL PROCEDURE

COMPLAINT PLAINTIFF, by counsel, respectfully states that:

[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX A. 3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A copy of plaintiff’s letter to defendant is attached as ANNEX B. [4] 4. Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiff’s consent. [Although this statement is unnecessary in this particular sample complaint, this merely exemplifies how this fact is alleged: 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.] 5. Defendant’s act of dispossession has caused plaintiff to suffer material injury because plaintiff’s business expansion plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of US$500 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). [5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorney’s fees. Other just and equitable reliefs are also prayed for. [6] Quezon City; 13 April 2007. [7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] [Other Details under I.G.] PLUS: 1. [8] Verification and Certification against Forum Shopping 2. Jurat

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[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons and other pertinent processes.

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Part II. PLEADINGS IN CIVIL PROCEDURE

B. Answer In general, an Answer needs no verification. BUT, if it interposes a specific denial of an actionable document, then the Answer must be verified.

Sample Answer with Compulsory Counterclaim: [1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, Civil Case No. 2222 For : Ejectment

- versus -

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An answer MUST include all of the following: 1. Caption 2. Denials/Admission 3. Statement of Affirmative Allegations 4. Statement of Affirmative/Negative Defenses 5. Counterclaim, Cross-claim 6. Prayer/Relief 7. Date/Place of Execution 8. Signature of Counsel 9. Verification 10. Certification against Forum Shopping 11. Proof of Service

YOKO NGA, Defendant. x ----------------------------------- x ANSWER (With COUNTERCLAIM) DEFENDANT, by counsel, respectfully states that: Admissions/Denials [2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically denies the contents insofar as plaintiff’s personal circumstances for the reason stated in the Affirmative Defenses below. 2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses below. 3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable belief as to its truth or falseness.. 4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. Affirmative Defenses [4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. 5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of which is attached as ANNEX 1.

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Part II. PLEADINGS IN CIVIL PROCEDURE

Counterclaim [5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to relief arising from the filing of this malicious and baseless suit, as follows:

6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was compelled to secure services of counsel to vindicate his legal rights. [6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendant’s counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorney’s Fees. Other just and equitable reliefs are prayed for. [7] Quezon City; 13 April 2007. [8] (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] [9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; [To specifically deny an actionable document: I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff;] I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007. (Sgd.) YOKO NGA PLUS: 1. 2.

Jurat (IF any document is denied) [11] Proof of Service (personal service or service by registered mail)

Sample Cross-claim and Corresponding Prayer, simply add: [5] Crossclaim 7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchase price, from defendant. [6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by 1. dismissing the Complaint, and 2. granting defendant’s counterclaim by awarding defendant a. One Million Pesos (Php.1,000,000) as Moral Damages, and b. Fifty Thousand Pesos (Php.50,000) as Attorney’s Fees. 3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that codefendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim.

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6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name and reputation were besmirched by this malicious and baseless suit.

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Part II. PLEADINGS IN CIVIL PROCEDURE

D. Pre-Trial Brief Failure to file the pre-trial brief is tantamount to failure to appear at the pre-trial. Pre-trial is now mandatory in criminal cases based on Rule 118, the 2000 Rules on Criminal Procedure and Republic Act No. 8493 (The Speedy Trial Act), although neither the law nor the Rules require the submission of a Pre-Trial Brief in criminal cases (in practice, courts also do not require the submission of a pre-trial brief in criminal cases). Consequently, the requirement of a pre-trial brief and the consequences for failure to submit one (e.g., non-suit or dismissal) appear to pertain exclusively to civil cases. There is no need to attach a Notice of Hearing for a Pre-Trial Brief.

The filing and service of the pre-trial brief on the adverse party must be done in such manner as shall ensure the receipt of the same at least 3 DAYS before the date of the pre-trial. Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus LAKISA HIRAP, Defendant. x ------------------------------------- x

PRE-TRIAL BRIEF DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows: [1] I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff, defendant is open to the possibility of amicably settling this dispute. 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that the desired terms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendant’s obligations to plaintiff and, second, a schedule of payments. II. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989. 2.2. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of :

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Under Sec. 6, Rule 18, RoC, a Pre-Trial Brief must include all of the ff: 1. Statement of Willingness to Enter into Amicable Settlement or Alternative Modes of Dispute Resolution and the Desired Terms 2. Summary of Admitted Facts and Proposed Stipulation of Facts 3. Issues to be Tried or Resolved 4. Documents or Exhibits to be Presented and Their Purpose 5. Manifestation of their Having Availed or their Intention to Avail Themselves of Discovery Procedures or Referral to Commissioners 6. Number and Names of the Witnesses, and the Substance of their Respective Testimonies. 7. Available Trial Dates

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Part II. PLEADINGS IN CIVIL PROCEDURE

2.2.1. Plaintiff’s lack of personality to sue and, therefore, not being the real party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure; 2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture.

[2] III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter. 3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint. [3] IV. ISSUES TO BE TRIED 4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4.1.1. Plaintiff’s personality to seek legal relief; 4.1.2. Plaintiff’s entitlement to the amount claimed; 4.2. Defendant submits that the following issues she put forward are subject to proof: 4.2.1. Plaintiff’s bad faith in filing this suit; 4.2.2. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad faith; V. EVIDENCE [6] 5.1. Defendant intends to present the following witnesses: 5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of this suit against her; 5.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. [4] 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevant to rebut plaintiff’s claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie plaintiff’s witnesses, if necessary. VI. RESORT TO DISCOVERY [5] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at this time. 6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the right to resort to discovery before trial. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] Copy furnished: Atty. MA BOLA Counsel for Plaintiff

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2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorney’s fees.

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Part II. PLEADINGS IN CIVIL PROCEDURE

E. Motions

Under Secs. 3-6 & 9, Rule 15, RoC, a motion MUST include all of the ff: 1. Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing  In motions filed before the Supreme Court and the Court of Appeals, a Notice of Hearing is NOT required.  This part DIFFERS in an Ex Parte Motion to Set Case for Pre-Trial BECAUSE in such a motion, this part does NOT contain a date of hearing, because this is a motion, which the Court may act upon without prejudicing the rights of the adverse party, and because this is precisely an ex parte motion, as per Rule 18, Sec. 1. 5. Proof of Service  If service is done by registered mail, instead of by personal service, then the motion must include a WRITTEN EXPLANATION, which need not be verified, as long as it is SIGNED. An AFFIDAVIT OF SERVICE is required in the Supreme Court, so it may be practical to combine the Explanation and the Affidavit of Service.

6. Attachments (if any)  These include supporting affidavits and other papers to prove facts alleged in the motion.  The pleading or motion sought to be admitted via a MOTION FOR LEAVE to file a pleading or motion must be attached. 7. Verification (in certain cases) A written motion required to be heard and the notice of the hearing thereof must be served in such a way as to ensure its receipt by the other party at least 3 DAYS before the date of hearing, UNLESS the court for good cause sets the hearing on shorter notice. It must also be addressed to all parties concerned. The hearing must not be later than 10 DAYS after the filing of the motion. Under Sec. 8, Rule 15, RoC on OMNIBUS MOTIONS, a motion attacking a pleading, order, judgment or proceeding must include ALL objections then available; all objections not so included are deemed waived. Under Sec. 10, Rule 15, RoC, the rules applicable to pleadings shall apply to written motions as far as caption, designation, signature and other matters of form, are concerned.

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Under Sec. 2, Rule 15, RoC, all motions, save for those made in open court or in the course of a hearing or trial, must be in writing.

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Part II. PLEADINGS IN CIVIL PROCEDURE

Sample Motion to Dismiss (with request for and notice of hearing):

LAKI ASSET COMPANY, Plaintiff, Civil Case No. 3333 For: Sum of Money

- versus DAMI UTANG CORPORATION, Defendant. x --------------------------------------- x MOTION TO DISMISS

DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following: [2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said Marketing Agreement. 2. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein; the period of one (1) year has not expired. Consequently, plaintiff’s claim is premature as there is yet no breach of the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiff’s Complaint states no cause of action and must be dismissed. [3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. Other just and equitable reliefs are also prayed for. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] [4] REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Branch 39, Quezon City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the court’s calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City PLUS:[5] Proof of Service

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Republic of the Philippines National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39, Quezon City

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Part II. PLEADINGS IN CIVIL PROCEDURE

A MOTION FOR JUDGMENT ON THE PLEADINGS, being a litigious motion, must request for a a specific hearing date. Notice thereof must be given to adverse party through counsel. Sample Motion for Judgment on the Pleadings:

LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 For: Sum of Money

- versus LAKISA HIRAP, Defendant. x ------------------------- x

MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff, by counsel, respectfully states that: 1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos (P900,000.00). [1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the material allegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may be rendered. [3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service

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Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City

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Part II. PLEADINGS IN CIVIL PROCEDURE

Under Rule 18, Sec. 1, RoC, it is now mandatory on the part of the plaintiff to move ex parte for setting of pre-trial. Note that the motion is expressly denominated as ex parte, i.e., no need for hearing. Sample Ex Parte Motion to Set for Pre-Trial: Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus LAKISA HIRAP, Defendant. x ------------------------- x EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF, by counsel, respectfully states that: [1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the issues to be joined. [2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial. [3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this Honorable Court. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff [Address] [4] REQUEST AND NOTICE THE BRANCH CLERK OF COURT Regional Trial Court Branch 39, Quezon City Please submit the foregoing to the Court for its approval immediately upon receipt hereof. Copy furnished: MITCH MCDEERE, ESQ. 2 The Firm Laguna Street, Quezon City Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff PLUS: [5] Proof of Service

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Part II. PLEADINGS IN CIVIL PROCEDURE

Sometimes, a MOTION FOR POSTPONEMENT is considered a non-litigious motion; thus, the request and notice need not specify a date of hearing and simply state that it is being submitted for approval “immediately upon receipt.” Although, the better practice would be to file such a motion early so as to be able to set it for hearing and approval by the court.

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City DILA TORY, Plaintiff, Civil Case No. 008877 - versus PASEN SYOSO, Defendant. x ------------------------- x MOTION FOR POSTPONEMENT PLAINTIFF, by counsel, respectfully states that: 1. This case is set for trial on 5 May 2007 at 8:30 in the morning. [1] 2. On said date and time, the undersigned counsel will be unable to appear before this Honorable Court as he has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139 for “People of the Philippines v. Bil Moko”, Criminal Case No. 009988, where he is scheduled to terminate crossexamination of the prosecution’s expert witness who will be available only on said date and time. [2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. 4. This motion is prompted only by the foregoing reason and not for delay. [3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to another date convenient to this Honorable Court. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for the Plaintiff [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service

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Sample Motion for Postponement:

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When filing a MOTION FOR EXTENSION OF TIME, it is always preferable to not only state the number of additional days sought, but also the new deadline, so that it can be used as a personal reminder of the new deadline. Sample Motion for Extension of Time:

DILA TORY, Plaintiff, Civil Case No. 008877 - versus PASEN SYOSO, Defendant. x ------------------------------------ x MOTION FOR EXTENSION OF TIME PLAINTIFF, by counsel, respectfully states that: 1. He has been directed to file a Reply to defendant’s Answer by 10 May 2007. [1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due date because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiff’s Reply. 3. This motion is not intended for delay but is motivated only by the foregoing reason. [3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiff’s Reply. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Plaintiff [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service

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Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City

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Part II. PLEADINGS IN CIVIL PROCEDURE

The defendant, who is to be declared in default, is entitled to be notified of the MOTION TO DECLARE DEFENDANT IN DEFAULT and the order declaring him/her in default; thereafter, he loses the right to receive any other notices except for judgment in default. Sample Motion to Declare Defendant in Default:

ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20 March 2007, as indicated by the Sheriff’s Return of even date, a copy of which is attached as ANNEX A. [1 & 2] 2. Defendant’s reglementary period to file Answer ended on 5 April 2007; no motion for extension of such period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. [3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner. Quezon City; 7 April 2007. (Sgd.) DARTH SIDIOUS Counsel for Plaintiff [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service

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Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City

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Part II. PLEADINGS IN CIVIL PROCEDURE

Although not required, the following sample MOTION TO LIFT ORDER OF DEFAULT includes paragraph numbers 1 & 2, which give a short summary of the material antecedents, so that the argument and the basis for the relief sought is clear and placed in context.

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO LIFT ORDER OF DEFAULT DEFENDANT, by counsel, respectfully states that: 1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss on the ground that plaintiff’s claim is outside the jurisdictional amount of this Honorable Court under the new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiff’s counsel on 25 March 2007, was set for hearing on 10 April 2007, as indicated on the “Request for and Notice of Hearing”. 2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared defendant in default on 7 April 2007 based solely on plaintiff’s Motion, filed two (2) days after the supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to Dismiss. [1 & 2] 3. Under the circumstances, the order of default is premature and without legal and factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendant’s default. Consequently, the order of default should be lifted. [3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED and that this Honorable Court resolve her Motion to Dismiss. Quezon City; 8 April 2007. (Sgd.) OBI WAN KENOBI Counsel for Defendant [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service

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Sample Motion to Lift Order of Default:

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Part II. PLEADINGS IN CIVIL PROCEDURE

E. Special Civil Actions

1. Certiorari Under Rule 65, RoC, a certiorari MUST include the ff: 1. Names of petitioner and respondent 2. Grounds 3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates  ADD the date when the Decision or Judgment was received 5. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition  as well as all documents, relevant or pertinent thereto Standard Form of a Certiorari (with Injunction and/or TRO): (Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [1] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [2] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. [3] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents. Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates [5] Attachments

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Under Sec. 4, Rule 65, RoC, a petition for CERTIORARI, PROHIBITION or MANDAMUS may be filed not later than 60 DAYS from notice of the judgment, order or resolution sought to be assailed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of a quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable only by the Court of Appeals.

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Part II. PLEADINGS IN CIVIL PROCEDURE

2. Prohibition

Standard Form of a Prohibition: (Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [1] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [2] 3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. [3] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

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Under Rule 65, RoC, a prohibition MUST include the ff: 1. Names of petitioner and respondent 2. Grounds 3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates  ADD the date when the Decision or Judgment was received 5. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition

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Part II. PLEADINGS IN CIVIL PROCEDURE

3. Mandamus

(Caption and title) PETITION PETITIONER, by counsel, respectfully states that: [1] 1. (State the capacity of petitioner and respondent/s and their addresses.) [2] 2. (State the facts and circumstances whereby respondent/s 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. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. [3] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done), with costs against them. Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

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Under Rule 65, RoC, a mandamus MUST include the ff: 1. Names of petitioner and respondent 2. Grounds 3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates 5. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition

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Part II. PLEADINGS IN CIVIL PROCEDURE

4. Interpleader

Under Rule 62, a complaint in interpleader MUST include all of the ff: 1. Parties  Petitioner, who must claim no interest or has an interest not disputed by claimants; and claimants over the same subject matter 2. Material Allegations of Ultimate Facts  facts showing conflicting claims made on the same subject matter over which petitioner claims no interest or an interest that is not disputed by claimants 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping In the following sample complaint in interpleader, note the boldfaced phrase. It is important to allege this because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in Interpleader which would be determined by the value of the property. In this way, plaintiff will not be unduly prejudiced by the costs of the suit. Sample Complaint in Interpleader: NALI LITO, Plaintiff, SCA No. ____________ - versus UMA AGAW and INA AGAWAN, Defendants. x --------------------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while defendants reside at _______________ and _______________, respectively, where they may be served with pertinent notices. [2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. The watch is now in plaintiff’s possession. On or about 5 June 1999, defendants made similar representations to plaintiff as to ownership of the watch. 3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves. [3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants to interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action. [4] Quezon City; 7 July 2007. [5] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping

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INTERPLEADER :: an action filed by a person, who claims no interest whatsoever upon a subject matter or who has an undisputed whole or partial interest in a subject matter, upon which several others have conflicting claims, against such other persons, to compel them to interplead and litigate their several claims among themselves (Sec. 1, Rule 62, RoC, restated)

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Part II. PLEADINGS IN CIVIL PROCEDURE

5. Action to Quiet (or Remove Cloud on) Title

Sample Action to Quiet (or Remove Cloud on) Title: IN RE: QUIETING OF TITLE OVER THE PROPERTY COVERED BY TCT NO. 12345 SCA No. 1357 NALI LITO, as Special Administrator of the Estate of the deceased DAMI LUPA, Petitioner, UMA AGAW, Respondent. x ------------------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: [1] 1. He is the special administrator of the estate of the deceased DAMI LUPA. [2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the respondent dated _____________, and particularly described, as follows: (Describe property) covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the only encumbrance thereon. 3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copy of which is attached. 4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs. [3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estate’s favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed. [4] Quezon City; 7 July 2007. [5] (Sgd.) MITCH MCDEERE Counsel for Petitioner [Address] PLUS: [6] Verification and Certification against Forum Shopping

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Under Sec. 1(2), Rule 63, RoC, an action to quiet (or remove cloud on) title MUST include all of the following: 1. Parties  Any person interested under a deed, will, contract or other writing, before breach thereof, and who stands to suffer injury by operation of the said deed, will, contract or other writing 2. Material Allegations of Ultimate Facts  facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument, quiet title (arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property under pacto de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

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Part II. PLEADINGS IN CIVIL PROCEDURE

6. Action for Declaratory Relief

Sample Action for Declaratory Relief: INA API, Plaintiff, - versus -

Civil Case No. 2468

THE CITY COUNCIL OF QUEZON CITY, Defendant. x --------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices at Quezon City Hall. [2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of the Ordinance are, as follows: (Quote the relevant portions) 3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to stop even urgent and important calls which may be made only while the person is in transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance. 4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to confiscation and a fine. [3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare plaintiff’s rights and duties under the Ordinance. [4] Quezon City; 7 July 2007. [5] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping

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Under Sec. 1(1), Rule 63, RoC, an action for declaratory relief must include all of the following: 1. Parties  Any person interested under a deed, will, contract or other writing, before breach thereof, and who stands to suffer injury by operation of the said deed, will, contract or other writing 2. Material Allegations of Ultimate Facts  facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument, quiet title (arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property under pacto de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

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Part II. PLEADINGS IN CIVIL PROCEDURE

7. Quo Warranto

Standard Form of Petition for Quo Warranto: (Caption and title) COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. (State the capacity and address of both plaintiff and defendant.) [2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office.) 3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.) [3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he be placed forthwith in possession thereof. [4] Quezon City; 7 July 2007. [5] (Sgd.) ATTICUS FINCH Counsel for the Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping

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Under Rule 66, RoC, a petition for quo warranto MUST include all of the following: 1. Parties a. Solicitor General, when directed by President or motu propio; b. Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another against the alleged usurping public officer; 2. Material Allegations of Ultimate Facts - facts showing usurpation of office and facts showing entitlement of petitioner to the office 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Part III. Pleadings and Other Legal Documents in Criminal Procedure

A. Complaint-Affidavit and Counter-Affidavit Both a COMPLAINT-AFFIDAVIT and a COUNTER-AFFIDAVIT must include all of the following: 1. Identity of Affiant and Other Personal Circumstances 2. Statement of Venue 3. Factual Allegations to Show Violation or Defense  A complaint-affidavit shows the violation, while a counter-affidavit shows the defense. 4. Signature of Affiant 5. Verification 6. Certification as to Personal Examination of Affiant  Under Sec. 3(a), Rule 112, 2000 Rules on Criminal Procedure, the affidavit must be subscribed and sworn to before a prosecutor, or a government official authorized to administer an oath, or in their absence or unavailability, a Notary Public, each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits. 7. Supporting Documents/Affidavits A COMPLAINT-AFFIDAVIT or a COUNTER-AFFIDAVIT, like any other affidavit, must be based on the affiant’s personal knowledge. To resolve the problem of the affiant’s lack of personal knowledge as to legal answers, affiant may simply state the fact that he was assisted by counsel and say “I was advised by counsel that…” Sample Complaint-Affidavit: Republic of the Philippines ) City of Makati ) S.S. COMPLAINT-AFFIDAVIT [1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet Drive, Triple X Village, Makati, do hereby state under oath that: 1. I am a member of the Triple X Village Homeowner’s Association (“Association”) and was formerly a Director and Corporate Secretary of the Association. [3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange that transpired between Mr. Ingay and the other members of the Board in attendance: (Quote Exchange) Attached as ANNEX A is a copy of the official transcript of the meeting. 3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract his remarks. Consequently, a “Certification to File Action” was issued by the Barangay Chairperson, a copy of which is attached as ANNEX B.

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A. COMPLAINT-AFFIDAVIT AND COUNTERAFFIDAVIT B. INFORMATION AND COMPLAINT C. MOTIONS 1. Motion to Quash Information 2. Motion to Quash Search Warrant 3. Motion to Suppress Evidence 4. Motion for Bail D. APPLICATION FOR BAIL

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

4. There is no other person named “Ma Selan” residing at Triple X Village nor is there any other person named “Ma Selan” who has acted as Board Member of the Association. Consequently, Mr. Ingay’s public and defamatory utterance was clearly a reference to me and to no other.

6. Mr. Ingay’s remarks have injured my name, reputation and character before my neighbors and peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effort to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand Pesos (P500,000.00) in exemplary damages. TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007. [4] (Sgd.) MA SELAN Complainant-Affiant th

[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13 day of April 2007. (Sgd.) Investigating Prosecutor

[6] CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. (Sgd.) Investigating Prosecutor

Sample Counter-Affidavit: Republic of the Philippines ) City of Makati ) S.S. COUNTER-AFFIDAVIT Re: I.S. No. 1613 [1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that: 1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office. [2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for Quezon City. 3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their activities financially with voluntary contributions. [3] 4. There is no truth to the allegations in MA GULANG’s complaint. There is no factual nor legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANG’s malicious lies, I set forth the true circumstances leading to the transaction below: 4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informed her that he was not around. I took a message from her saying that she was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy units from her. I informed her that both the Mayor and I had our units already; she then told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I relayed the message to him.

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5. Mr. Ma Ingay’s remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no doubt that Mr. Ingay’s use of the word “swindled” was deliberate as his explanation and clarification a few utterances thereafter would show. Mr. Ingay’s remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners.

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to meet, as a result.

4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed to collect money from the rest of the group. 4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not yet paid, I gave her the telephone number of Gantso so that she could just call him directly. But even then, I would still get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up an appointment for Mr. Gantso to meet with her at the Office. 4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had yet to pay; I would follow up with Mr. Gantso but he simply gave me this promise that he would pay. 5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms. Gulang 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. 6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. 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. 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 (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me. 7. 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 Statement on 3 February 2007. [4] (Sgd.) MA LABO Affiant

PLUS: [5] Verification [6] Certification

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4.3. On that day, Ms. Gulang brought the units to the Mayor’s Office; she met with Mr. Gantso inside the Mayor’s office. They transacted business inside the Mayor’s Office and only passed by my office on their way out.

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

B. Information and Complaint

∙ need not be under oath BUT it must be signed and subscribed by the prosecutor, who shall certify THAT he has conducted the required PI ∙ valid, when signed by the prosecutor, who is authorized to conduct PI of the offense committed within his jurisdiction

COMPLAINT ∙ a sworn written statement, charging a person with an offense, subscribed by the offended party, any peace officer or other public officer, charged with the enforcement of the law violated (Sec. 3, Rule 110, RoC) ∙ must be under oath BUT lack of oath is not a formal defect and will not invalidate judgment ∙ PREVAILS, in case of conflict between the information and the complaint filed, thus, omissions made in the complaint, though corrected in the information, are fatal (People vs. Oso, 1935) ∙ A complaint for purposes of PI by the fiscal need NOT be filed by the “offended party.” Unless the offense subject thereof is one that cannot be prosecuted de oficio, the complaint may be filed, for PI purposes, by any competent person. The complaint referred to in Rule 110 contemplates one filed in court, not with the fiscal, and in such case, the proceeding must be started by the aggrieved party himself. (Ebarle vs. Sucaldito)

GENERALLY, a criminal action is commenced by complaint or information, both of which are filed in court. A complaint must be filed by the offended party, while an information must be filed by the fiscal. But a "complaint" filed with the fiscal prior to a judicial action may be filed by any person (Ebarle vs. Sucaldito). Under Sec. 11, 1991 Revised Rules on Summary Procedure, criminal cases covered by the said rules are commenced by filing EITHER a complaint or information. BUT, in Metro Manila and in chartered cities, a criminal case can only be commenced by filing an INFORMATION, EXCEPT when the offense cannot be prosecuted de oficio. Under Sec. 1(b), 1991 Revised Rules on Summary Procedure, the said criminal cases include VIOLATIONS of traffic laws, rules and regulations; rental law; municipal or city ordinances; and Batas Pambansa Blg. 22 and ALL other criminal cases, where the punishment is imprisonment for not longer than 6 months and/or fine of not more than P1,000. Provided, that offenses involving damage to property through criminal negligence cost (damage) no more than P10,000. ALSO, the 1991 Revised Rules on Summary Procedure does NOT apply to a criminal case, where the offense charged is necessarily related to another criminal case subject to the ordinary procedures. Under Secs. 6-13, Rule 110, 2000 Rules on Criminal Procedure, an INFORMATION MUST include all of the following: 1. Parties a. Name of Offended Party b. Name of Accused 2. Designation of Offense by Statute 3. Acts or Omissions Complained of as Constituting the Offense  including a statement of the qualifying or aggravating circumstances 4. Approximate Time of the Commission of the Offense 5. Place of Commission 6. Signature of Prosecutor (for Information) 7. Signature of Offended Party, Peace Officer or Public Officer Charged with Enforcement of the Law (for Complaint) 8. NOTE: If Information is filed after inquest (and not preliminary investigation), ADD:

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INFORMATION ∙ an accusation in writing, charging a person with an offense, subscribed by the prosecutor and filed with the court (Sec. 4, Rule 110, RoC)

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

a. Place where accused is actually detained b. Full name and address of evidence custodian c. Detailed description of recovered items, if any 9. Verification 10. Certification of Preliminary Investigation or Inquest  The Certification of Preliminary Investigation is appended to an Information filed after a full blown PI is conducted. On the other hand, as per DOJ Circular No. 61 (September 21, 1993; “New Rules on Inquest”), Sec. 14, the Certification as to Conduct of Inquest is filed, if the accused was arrested without a warrant and refused/failed to execute a written waiver of the provisions of Art. 125, RPC, in which case, the ACP should have conducted an INQUEST and not a PI. Note that the oath made by the ACP or prosecutor is administered by a public officer authorized to administer an oath (i.e., the City Prosecutor in the sample below). Thus, the JURAT does not contain any reference to the CTC details. Sample Information for Bigamy (with Certificate of Preliminary Investigation or Inquest): (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 00567 For: Bigamy

- versus PI KUTIN, Accused. x ---------------------------------------- x INFORMATION

The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows: That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, being then legally married to BIL MOKO, and without such marriage having been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City of Quezon. CONTRARY TO LAW.

ELLIOT NESS Assistant City Prosecutor

CERTIFICATE OF PRELIMINARY INVESTIGATION I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that I examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence; and that the filing of this Information is with the prior authority and approval of the City Prosecutor. ELLIOT NESS Assistant City Prosecutor th

SUBSCRIBED AND SWORN TO BEFORE ME this 9 day of August 2006 in Quezon City. AL CAPONE City Prosecutor Bail Recommended: P10,000.00

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Sample Information for Theft: (Caption)

Criminal Case No. 00567 For: Theft

- versus KLEPTO MANIAC, Accused. x --------------------------------------------- x INFORMATION

The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows: That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, then 11 years old and without any known address, willfully, unlawfully and feloniously, with intent to gain, without force upon things or violence upon persons and without the knowledge and consent of MA ALAHAS, the owner, took a gold necklace studded with diamonds valued at One Hundred Thousand Pesos (P100,000.00) to the prejudice of said owner. CONTRARY TO LAW. ELLIOT NESS Assistant City Prosecutor CERTIFICATION AS TO CONDUCT OF INQUEST I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for this reason, an Inquest was conducted; that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of theft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor. ELLIOT NESS Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City. AL CAPONE City Prosecutor

Sample Information for Attempted Rape: (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 00567 For: Attempted Rape

- versus MAEL SIA, Accused. x --------------------------------------------- x INFORMATION

The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 2005, in Quezon City, the accused did then and there wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and finding that her husband was away, with lewd designs and by means of force and intimidation, commenced directly by overt acts to commit the crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accused seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the premises without completing all the acts of execution. CONTRARY TO LAW with the aggravating circumstance of dwelling. ELLIOT NESS Assistant City Prosecutor PLUS: Certification of Preliminary Investigation or Inquest

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PEOPLE OF THE PHILIPPINES, Plaintiff,

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

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C. Motions 1. Motion to Quash Information A motion to quash information MUST include all of the following: 1. Caption and Title 2. Parties 3. Distinct Specification of Factual and Legal Grounds for Quashal 4. Relief 5. Date/Place 6. Signature of Counsel 7. Notice of Hearing 8. Affidavit of Service

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145

Sample Motion to Quash Information: [1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 00567 For: Theft

- versus KLEPTO MANIAC, Accused. x ------------------------------------------ x MOTION TO QUASH

[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following: [3] GROUNDS 1.

IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL JUSTIFICATION;

2.

THIS COURT IS WITHOUT JURISDICTION.

In support, the accused respectfully states that: ARGUMENT The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability. There is no allegation that the accused acted with discernment. Even granting said discernment, the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the minor to the custody or care of a public or private benevolent or charitable institution for the care and education of homeless and delinquent children or to the custody of the Department of Social Work and Development. [4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. [5] Quezon City; 7 July 2007. [6] (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] PLUS: [7] Request for and Notice of Hearing [8] Proof of Service

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

2. Motion to Quash Search Warrant

A motion to quash search warrant MUST include all of the following: 1. Caption and Title 2. Distinct Specification of Factual and Legal Grounds for Quashal a. Failure to comply with form prescribed by law b. Served beyond period c. More than one offense d. No personal determination of probable cause by Judge e. No probable cause 3. Relief 4. Place/Date 5. Signature of Counsel 6. Notice of Hearing 7. Proof of Service Sample Motion to Quash Search Warrant: [1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -

Criminal Case No. 00022 For: Libel

VIG CHAN, Accused. x ---------------------------------------------- x MOTION TO QUASH SEARCH WARRANT The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued by this Honorable Court on and dated 12 July 2006 based on the following considerations: [2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. th

2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11 day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed. [3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) in relation to section 2 of the 1987 Constitution. [4] Quezon City; 25 July 2006. [5] (Sgd.) MA TAPANG Counsel for Accused [Address] PLUS: [6] Request for and Notice of Hearing [7] Proof of Service

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Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and acted upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is then filed in another court, the motion may be resolved by such other court.

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

3. Motion to Suppress Evidence

A motion to suppress evidence MUST include all of the following: 1. Caption and Title 2. Distinct Specification of Factual and Legal Grounds for Suppression a. Search without witnesses b. Served beyond period c. More than 1 offense d. No receipt e. No inventory f. Property not subject of seizure g. Not evidence in plain view 3. Prayer/Relief 4. Place/Date 5. Signature of Counsel 6. Notice of Hearing 7. Proof of Service [1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -

Criminal Case No. 00022 For: Libel

VIG CHAN, Accused. x ---------------------------------------------- x MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July 2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on the following considerations: [2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void. 2. The motor vehicle seized does not fall within the property that may lawfully be seized. Discussion [1] Search Warrant No. 1122 was served on the 11th day and is, thus, void. 1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11 th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void. 3. No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed: [list items] [2] The motor vehicle seized does not fall within the property that may lawfully be seized. 4. On the occasion of the search, the searching party also “seized” accused’s green Jaguar XJE with license plate, “No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and kept at the PNP Motor Pool. 5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is no relation between

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Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and acted upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is then filed in another court, the motion may be resolved by such other court.

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

the motor vehicle and libel. 6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither could there be a seizure of evidence in plain view.

[4] Quezon City; 25 July 2006. [5] (Sgd.) MA TAPANG Counsel for Accused [Address] PLUS: [6] Request for and Notice of Hearing [7] Proof of Service

4. Motion for Bail A motion for bail MUST include all of the following: 1. Caption and Title 2. Parties 3. Specification of Grounds for Entitlement to Bail  The allegation in this regard would invariably be to the effect that the evidence of guilt is not strong and the relief prayed for would be a bail hearing and the subsequent admission to bail. 4. Prayer/Relief 5. Place/Date 6. Signature of Counsel 7. Notice of Hearing 8. Proof of Service [1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 00567 For: Murder

- versus NAKA PIIT, Accused. x ------------------------------------------ x MOTION FOR BAIL

[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3] prosecution’s evidence of his guilt is not strong. In support, he respectfully submits the following: 1. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in Quezon City. The prosecution’s own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each other such that her credibility must be placed in doubt. 2. For these reasons, there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a matter of right. WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the prosecution should be directed to present its evidence to show the strength of its evidence of the accused’s guilt, and (2) thereafter, grant the accused reasonable bail. Other just and equitable reliefs are also prayed for. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing

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[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to Section 2 of the 1987 Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license plate “No. 1" be immediately returned to the accused.

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

D. Application for Probation An application for probation MUST include all of the following: 1. All the Requirements as in Ordinary Motions 2. Grounds for Probation (See PD 968, as amended) 3. Prayer/Relief 4. Verification by Applicant 5. Notice of Hearing

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[1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -

Criminal Case No. 114878

RECY DIVIST, Accused. x ---------------------------------------------- x APPLICATION FOR PROBATION THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential Decree No. 968, as amended. In support of this application, the accused respectfully submits the following: 1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she pleaded “guilty” to the offense charged herein; consequently, this Honorable Court in its Order dated 8 March 2007 sentenced accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision correccional. [2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically: 2.1. She has not been convicted of any crime against national security or public order; 2.2. She has not been previously convicted by final judgment of an offense punishable by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two Hundred Pesos (P200.00); 2.3. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. 968. 2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appeal from the Order of conviction. 3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover, accused-applicant does not need any correctional treatment requiring commitment to an institution. [3] WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court. Quezon City for Pasig City; 12 March 2007. (Sgd.) ATTICUS FINCH Counsel for Accused [Address] PLUS: [4] Verification [5] Request for and Notice of Hearing

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

IV. Pleadings and Other Legal Documents Common to Civil and Criminal Procedure A.

OFFER OF EVIDENCE AND OPPOSITION/COMMENT TO OFFER B. DEMURRER TO EVIDENCE C. NOTICE OF LIS PENDENS D. APPEARANCE AND WITHDRAWAL AS COUNSEL E. SUBSTITUTION OF COUNSEL

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A. Offer of Evidence and Opposition/Comment to Offer A FORMAL OFFER OF EVIDENCE (also called “FORMAL OFFER OF DOCUMENTARY EXHIBITS”) applies to criminal and civil cases. In criminal cases, the private prosecutor has no personality to formally offer the evidence, NOR to do anything in a criminal case, as everything is done under the direction and control of the public prosecutor. Thus, the offer is made in the name of the PROSECUTION. This is always made in TABLE or COLUMN form, such that it would be easier for the Court to see the Exhibit No., Description and Purpose but, for Bar purposes, this would not be practicable nor practical. HOWEVER, the Offer MUST contain the Exhibit Number, a description of the Exhibit and the Purpose of Offer. Furthermore, every legal document MUST be signed by BOTH the public prosecutor and the private prosecutor. It would also be acceptable to have the Offer, prepared by a private prosecutor, signed by the public prosecutor to show his CONFORMITY thereto. st

If the question calls for an Offer of Evidence by the Accused/Defense, then the proper 1 par. should read: “The Accused (Defendant), by counsel, respectfully offers his/her documentary exhibits in support of his/her defenses, as follows:”. This is a common mistake for any legal document submitted by a private prosecutor. It is important to remember that the private prosecutor has no personality to do anything in a criminal case as everything is under the control and direction of the public prosecutor. Thus, every legal document must be signed by both the public prosecutor and the private prosecutor. Note that it would also be acceptable to have the Offer that is prepared by a private prosecutor signed by the public prosecutor to show his conformity thereto. Sample Formal Offer of Evidence: Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 - versus RECY DIVIST, Accused. x ------------------------------------------ x FORMAL OFFER OF EVIDENCE THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their documentary exhibits in support of their case-in-chief: 1. Exhibit A, the sworn statement of ‘Alang Kaso, the private complainant, and Exhibit A-1, his signature–to prove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of One Million Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn statement; and as part of the testimony of the private complainant. 2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature of accused on face of the check–to prove the issuance of the check, the amount stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are already part of the record. WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes.

ELLIOT NESS Public Prosecutor

LEGAL FORMS

Quezon City; 7 July 2007. ATTICUS FINCH Private Prosecutor

Copy furnished: MITCH MCDEERE Counsel for Accused

On the other hand, a COMMENT/OPPOSITION TO OFFER only objects to the ADMISSIBILITY of the document objected to, and never to the purpose of the offer, which goes to the weight of the document (unless, the objection is relevance, then purpose may properly be objected to as relevance also determines admissibility). Any objections to purpose should be made in the Memorandum and an appropriate reservation to do so may be stated in the Comment. Sample Comment/Opposition to Offer: PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 - versus RECY DIVIST, Accused. x ------------------------------------------ x COMMENT ON THE PROSECUTION’S FORMAL OFFER OF EVIDENCE THE ACCUSED, by counsel, respectfully oppose the Prosecution’s Offer of Evidence for the following reasons: 1. Exhibit A, the sworn statement of ‘Alang Kaso, the private complainant, and Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination, thus, the document is hearsay and inadmissible. 2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented; and no basis for the presentation of secondary evidence laid. ACCORDINGLY, the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE and must, thus, be EXCLUDED. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] Copy furnished: ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor

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B. Demurrer to Evidence In civil cases, a DEMURRER may be filed with or without leave of court, but if the demurrer is granted and later reversed on appeal, the defendant loses the right to adduce evidence. Sample Demurrer in a Civil Case: (Caption) ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x DEMURRER TO THE EVIDENCE DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence: 1. This action seeks to collect a sum of money arising from a contract. 2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the extent of the obligation under the contract, (c) the demandability of the obligation under the contract and (d) defendant’s liability for the obligation and damages. 3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her. WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED. Quezon City; 13 April 2007. (Sgd.) OBI WAN KENOBI Counsel for Defendant [Address] PLUS: Request for and Notice of Hearing

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

On the other hand, in criminal cases, a DEMURRER TO EVIDENCE, which may also be called a “MOTION TO ACQUIT” since the relief sought is acquittal, is a litigious motion and must be set for hearing. Under Sec. 23, Rule 119, RoC, if the court denies the demurrer filed with leave of court, the accused may present evidence in his defense. BUT, if the demurrer was filed WITHOUT leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. If the second option is sought, the MOTION FOR LEAVE OF COURT TO FILE DEMURRER TO EVIDENCE must be filed PRIOR to the Demurrer, and it is only after such Motion has been granted, that the Demurrer may be filed. Sample Demurrer in a Criminal Case: (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 007 For: Violation of PD 1866

- versus ANAKIN SKYWALKER, Accused. x ---------------------------------------- x

DEMURRER TO THE PROSECUTION’S EVIDENCE THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer to the Prosecution’s Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence and shift the burden of proof: 1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of this presumption is that it entitles the accused to not say anything in his defense and places the burden directly on the prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense. It is only in the event that the prosecution, after resting its case, has adduced sufficient evidence of guilt that the burden of proof shifts to the accused. 2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. 2.1. The accused is charged with violation of PD 1866; the gravamen of the offense is unauthorized possession of a firearm. Concretely, this means that the prosecution must prove that the accused had no legal authority to possess any firearm. 2.2. The prosecution has failed to show that the accused had no license to carry a firearm. The proof of the negative element is indispensable to proof of a violation of PD 1866. Without proof of this negative element, the crime is not proven. 3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven. The accused is innocent; he must, thus, be acquitted. WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. Quezon City; 13 April 2007. DARTH SIDIOUS Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

C. Notice of Lis Pendens Sample Notice of Lis Pendens:

DAMI LUPA, Plaintiff, Civil Case No. 007 For: Reconveyance

- versus ALANG LUPA, Defendant. x ----------------------- x

NOTICE OF LIS PENDENS THE REGISTER OF DEEDS Antipolo City, Rizal Province Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal; registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed by DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] Copy furnished: MITCH MCDEERE, Esq. Counsel for Defendant

D. Appearance and Withdrawal as Counsel The CONFORMITY (as reflected by the signature) and name of the client, who authorized the counsel to make its entry, MUST be shown in the ENTRY OF APPEARANCE. Sample Entry of Appearance: Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 101, Quezon City ANAKIN SKYWALKER, Plaintiff, - versus -

Civil Case No. 1357 For: Legal Separation

PADME AMIDALA, Defendant. x -------------------------------- x ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with her express

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Republic of the Philippines th 4 Judicial Region REGIONAL TRIAL COURT Branch 71, Antipolo

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED.

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Quezon City; 13 April 2007.

LEGAL FORMS

(Sgd.) OBI WAN KENOBI No. 1, Imzadi Place Tatooine, Pasig City WITH MY CONFORMITY: (Sgd.) PADME AMIDALA

Copy furnished: DARTH SIDIOUS

In the same vein, the express CONFORMITY of the client must GENERALLY be shown by the lawyer, who seeks to withdraw his appearance as counsel. If such conformity was provided, the lawyer does not have to explain his withdrawal. BUT, if such conformity was not given prior to withdrawal, the lawyer may be asked to secure conformity, except when the withdrawal was due to fundamental and irreconcilable professional differences, which must be STATED so as to justify the absence of conformity. Sample Withdrawal as Counsel: (Caption) ANAKIN SKYWALKER, Plaintiff, - versus -

Civil Case No. 1357 For: Legal Separation

PADME AMIDALA, Defendant. x -------------------------------- x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER, with his express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. (Sgd.) MACE WINDU 1 Imperial Palace, Cloud City, Pasig City WITH MY CONFORMITY: (Sgd.) ANAKIN SKYWALKER

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Sample Withdrawal as Counsel WITHOUT Client’s Conformity: (Caption)

Civil Case No. 1357 For: Legal Separation

- versus PADME AMIDALA, Defendant. x -------------------------------- x

WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff cannot be obtained. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. (Sgd.) MACE WINDU 1 Imperial Palace, Cloud City, Pasig City

E. Substitution of Counsel Sample Substitution of Counsel: (Caption) ANAKIN SKYWALKER, Plaintiff, Civil Case No. 1357 For: Legal Separation

- versus PADME AMIDALA, Defendant. x -------------------------------- x

SUBSTITUTION OF COUNSEL THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. OBI WAN KENOBI Counsel for Defendant 2 Corruscant Place Tatooine Road, Pasig City WITH MY CONFORMITY: (Sgd.) PADME AMIDALA

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ANAKIN SKYWALKER, Plaintiff,

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

LEGAL ETHICS AND FORMS REVIEWER

Part V. Pleadings in Cases and Special Proceedings

157

OF

LEGAL FORMS

A. PETITION FOR HABEAS CORPUS B. PETITION FOR ADOPTION C. PETITION FOR DECLARATION NULLITY OF MARRIAGE D. PETITION FOR PROBATE HOLOGRAPHIC WILL

OF

A. Petition for Habeas Corpus Sample Petition for Habeas Corpus: Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 191, Makati IN RE: PETITION FOR HABEAS CORPUS OF THE MINORS LUKE AND LEIA SKYWALKER SP No. 111334 PADME AMIDALA, Petitioner. ANAKIN SKYWALKER, Respondent. x ------------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the valid marriage between petitioner and respondent Anakin Skywalker. 2. The marriage failed and petitioner has been living separately from respondent since 2004. Sometime in February 2007, respondent, unknown to petitioner, abducted the minor children and has kept them incommunicado and out of petitioner’s reach. 3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, as their mother. Consequently, respondent’s refusal to allow petitioner to regain custody over the minors is unlawful and unjustified. WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make a return showing his legal authority to detain the minor children, subject of this petition, and thereafter, present the minor children personally before the Court on a date and time it chooses. Quezon City; 7 July 2007. OBI WAN KENOBI Counsel for Petitioner [Address] PLUS: Verification and Certification against Forum Shopping

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

B. Petition for Adoption Sample Petition for Adoption:

SP No. 111334 DARTH VADER and PADME AMIDALA, Petitioners. x ------------------------------------------ x PETITION PETITIONERS, by counsel, respectfully state that: 1. Petitioners are husband and wife, both of legal age, and residents of __________. 2. They have no legitimate children of their own and desire to jointly adopt a minor named ANAKIN SKYWALKER, 10 years old, the legitimate child of _________________. 3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they have not abandoned the minor child. With full knowledge of petitioners’ intention, they have expressly given their written consent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A. 4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are also morally qualified to bring up and educate the said minor. WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners’ favor adjudging the minor child ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her natural parents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/her surname be changed to that of petitioners. Quezon City; 7 July 2007. (Sgd.) MASTER YODA [Address] PLUS: Verification and Certification against Forum Shopping

C. Petition for Declaration of Nullity of Marriage Under AM No. 02-11-12-SC Proposed Rule on Provisional Orders, the ff. provisional orders may be applied for upon filing of a petition for declaration of nullity of marriage: a) spousal support [§ 2] b) child support [§ 3] c) child custody [§ 4] d) visitation rights [§ 5] e) hold departure orders [§ 6] f) order of protection [§ 7] g) admin of common property [§ 8] Under thesame Rule, child custody may be sought in a petition for declaration of nullity where the court considers the best interests of the child as paramount. Provisional custody may be awarded to the following based on the order of preference: 1. to both parents jointly 2. to either parent taking into account all relevant considerations, esp. the choice of the child 3. to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child above 7 years of age unless the grandparent chosen is unfit or disqualified 4. to the eldest brother or sister over 21 years of age unless unfit or disqualified 5. to the actual custodian over 21 years of age unless unfit or disqualified, or 6. to any other person deemed by the court suitable to provide proper care and guidance. § 4.

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IN RE: PETITION FOR ADOPTION OF ANAKIN SKYWALKER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Also under the same Rule, child support may be sought. It must first be taken from the properties of the absolute community or the conjugal partnership. In the discretion of the court, either parent or both may be ordered to give an amount necessary for support, maintenance and education of the child in proportion to the resources or means of the giver and to the needs of the recipient. Thus, the earning capacity of the parent and the amount needed for support must be alleged. Sample Petition for Declaration of Nullity of Marriage with Application for Provisional Orders: [Caption and Title] PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this petition, she may be served with notices and other pertinent processes through counsel at [address of counsel]. 2. Respondentis a Filipino citizen, of legal age, currently employed at [state employer] and married to petitioner. He may be served with summons and other pertinent orders and processes of this Court at [state address] 3. Petitioner and respondent were married on [date] and out of this marriage, they have [state number of children, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached as ANNEX A; a copy each of the birth certificates of the minor children is attached as ANNEX B, C and D, respectively. 4. Petitioner and respondent are currently separated in fact and have been so since May 2001. The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioner’s and respondent’s mutual psychological incapacity to fulfill and discharge their respective marital obligations to each other, which existed at the time of the marriage in 1998 but manifested itself well into the marriage 5. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable; prior to this resort, the parties had attempted formal and informal counseling sessions all of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts. 6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological and clinical assessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondent refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, it was, thus, impracticable to secure a psychological report and profile of respondent; should this become material, petitioner reserves the right to request respondent to submit to a psychological examination for purposes of confirming the mutual psychological incapacity to remain married to each other. 7. Petitioner’s psychological incapacity is described in clinical terms as being consistent with a V61.1 Partner Relational Problem and is said to have “Masochistic Personality Disorder” or “301.9 Personality Disorder Not Otherwise Specified”; on the other hand, the assessment given by the psychologist of respondent’s psychological make-up is that he has a “301.20 Schizoid Personality Disorder with narcissistic features” which is described as “grave, incurable and has antecedents.” The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (“Report”) dated 28 December 2006, a copy of which is attached as ANNEX E. 8. Their minor children are in petitioner’s custody and are being supported by her financially and emotionally. 9. Petitioner submits that, despite the parties’ mutual psychological incapacity to remain married to each other, the interests of the children are best served by having them remain in her custody, with visitation rights extended to respondent. All of the children are minors and, under the law, children under seven (7) years of age shall not be separated from the mother, save for exceptional circumstances which do not exist in this case. 10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limited amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own personal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. The common property of petitioner and respondent is insufficient for the support of the children. Respondent must, thus, be directed to give support to his children in the amount of (state amount). WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly support in the amount of (state amount), subject to any adjustments that may be made based on changing earning capacity as well as needs.

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Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent, thus -[1] Declaring the marriage between petitioner and respondent a nullity and, by this token, ordering the dissolution of the conjugal partnership of gains; and

[3] Awarding support in the amount of (state amount) subject to adjustments to be made depending on changes in earning capacity and needs of the children. All other just and equitable reliefs are also prayed for. Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping

D. Petition for Probate of Holographic Will Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 30, San Juan RE: PROBATE OF THE HOLOGRAPHIC WILL OF PABLING SIA., SP PROC. No. 0023 PALING KERA, Petitioner, x ------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen and the widow of the deceased. 2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to as his by his secretary of long standing, TOM CRUZ. 2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts. 3. The deceased’s only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City. WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of the holographic will and that letters of administration be issued in favor of the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said holographic will. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping

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[2] Awarding permanent custody of the children to petitioner, with express acknowledgement of respondent’s visitation rights;

LEGAL ETHICS AND FORMS REVIEWER

A. B. C. D. E. F. G. H. I. J. K.

Deeds, Contracts and Other Legal Documents

GENERAL POWER OF ATTORNEY SPECIAL POWER OF ATTORNEY CONTRACT OF LEASE HOLOGRAPHIC AND NOTARIAL WILL DONATION INTER VIVOS SECRETARY’S CERTIFICATE BOARD RESOLUTIONS DEED OF ASSIGNMENT DEED OF SALE DACION EN PAGO CHATTEL MORTGAGE

DEED :: a sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs └ an instrument in writing, upon paper or parchment, between parties able to contract, subscribed, sealed and delivered (both definitions found in Black’s Law Dictionary) CONTRACT :: a meeting of minds between two persons, whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305, NCC) └ an agreement, upon sufficient consideration, to do or not to do a particular thing (Black’s Law Dictionary)

A. General Power of Attorney POWER OF ATTORNEY :: an instrument authorizing a person to act as the agent or attorney of the person granting it (Black’s Law Dictionary) Although a GENERAL POWER OF ATTORNEY would suffice in ordinary instances, the Civil Code expressly requires a SPECIAL POWER OF ATTORNEY in the instances specified under Art. 1878 thereof, to wit: 1. To make such payments as are not usually considered as acts of administration; 2. To effect novations which put an end to obligations already in existence at the time the agency was constituted; 3. To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired; 4. To waive any obligation gratuitously; 5. To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration; 6. To make gifts, except customary ones for charity or those made to employees in the business managed by the agent; 7. To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration; 8. To lease any real property to another person for more than one year; 9. To bind the principal to render some service without compensation; 10. To bind the principal in a contract of partnership; 11. To obligate the principal as a guarantor or surety; 12. To create or convey real rights over immovable property; 13. To accept or repudiate an inheritance; 14. To ratify or recognize obligations contracted before the agency; 15. Any other act of strict dominion.

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Part VI.

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

LEGAL ETHICS AND FORMS REVIEWER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Sample General Power of Attorney: GENERAL POWER OF ATTORNEY

I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following acts, to wit: (Specify general acts that Attorney-in-Fact may do) Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine. (Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) C3PO Acknowledgment

B. Special Power of Attorney Sample Special Power of Attorney: SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place and stead, do perform the following specific act(s): (Specify the particular act/s to be performed) Giving and granting unto said attorney-in-fact power and authority to do every act necessary and required in connection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents. IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at Tatooine. (Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) C3PO Acknowledgment

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KNOW ALL MEN BY THESE PRESENTS:

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C. Contract of Lease CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS:

1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati City Assessor’s Office) for a period of TWELVE (12) MONTHS from signing of this contract. 2. The LESSEE covenants, as follows: 2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the residence of LESSOR; 2.2. To keep the premises in good and habitable condition, making the necessary repairs and painting inside and outside the house; 2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in the event of such unauthorized major alterations and improvements, surrendering ownership over such improvements and alterations to the LESSOR upon expiration of this lease; IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned. DAMI BAHAY Lessor

ANG BAHAY Lessee

With my consent: ASA WA Acknowledgment th

BEFORE ME, a Notary Public for Makati City, personally appeared on the 7 of July 2007, the following persons, with their respective CTC details indicated below: DAMI BAHAY CTC No. ____________ issued at/on ALANG BAHAY CTC No. ____________ issued at/on known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having acknowledged the same before me as their own free and voluntary act and deed. TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above. N.O. TARIO Until December 31, 2007 PTR No. 0000111/1/05/99, Makati City Doc. No. Page No. Book No. Series of 2007.

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163 th

This Agreement made and entered into at Makati this 7 day of July 2007 by and between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE), WITNESSETH that:

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

D. Holographic and Notarial Will

NOTARIAL WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death) which complies with the requirements laid down in Arts. 805 and 806, Civil Code, among others (Arts. 783, 805806, NCC, restated) Sample of a Holographic Will: San Juan, Metro Manila 7 July 2007 I hereby execute this holographic will, in my handwriting and in the English language which I know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA. (Sgd.) PABLING SIA SR.

Sample of a Notarial Will: LAST WILL AND TESTAMENT of PABLING SIA, SR. KNOW ALL MEN BY THESE PRESENTS: I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now actually residing at San Juan, Metro Manila, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, 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 and their addresses; (Name of children and addresses)

II.

I give and bequeath to my children __________, __________, and __________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located: (Description of property)

III. I designate _______________ as the sole executor of this Last Will and Testament. th

IN WITNESS WHEREOF, I have set my hand this 7 day of July 2007 in San Juan, Metro Manila. (Sgd.) PABLING SIA, SR.

Under Art. 805, Civil Code, an ATTESTATION CLAUSE, which is required in every notarial will and donations mortis causa (which are essentially wills), must state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.

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HOLOGRAPHIC WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death) which simply has to be entirely written, date, and signed by the hand of the testator himself (Arts. 783, 810 NCC, restated)

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

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Sample Attestation Clause for a Notarial Will: ATTESTATION CLAUSE

SAKSI 1 Residence SAKSI 2 Residence SAKSI 3 Residence

Sample Acknowledgment of a Notarial Will: JOINT ACKNOWLEDGMENT th

BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7 day of July, 2007, personally appeared: PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 2 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as instrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free act 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 has been sealed with my Notarial seal. IN WITNESS WHEREOF, I have set my hand the day, year and place written. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007.

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WE, the undersigned 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 left 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 other.

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

E. Donation Inter Vivos DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS:

That the DONOR is the owner of that certain real property with the buildings and improvements thereon, situated in _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the land registry of _____________, as follows: (Copy description of property in title) That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR, by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her heirs and assigns, the above described real property with all the buildings and improvements thereon, free from all liens and encumbrances; That the DONOR does hereby state, for the purpose of giving full effect to this donation, that he/she has reserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her needs; That the DONEE does hereby accept this donation of the above-described property, and does hereby express gratitude for the kindness and liberality of the DONOR. IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at Quezon City, Philippines. LALIM BULSA Donor ACCEPTED: DAMI UTANG Donee SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.)MIRON 2 PLUS: Acknowledgment

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166

This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and resident of _______________ (“Donor”) in favor of DAMI UTANG, of legal age, single/married and resident of _________________ (“DONEE”) WITNESSETH:

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

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F. Secretary’s Certificate

SECRETARY’S CERTIFICATE I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporate records, do hereby certify that under oath that: 1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (“corporation”), a corporation duly organized and existing under Philippine laws, with the same office address given above. 2. At a meeting of the Board of Directors of the corporation held on ___________, at which meeting a quorum was present and obtained throughout, the following resolution(s) was (were) unanimously approved and adopted: RESOLVED, that ................... 3. The foregoing resolution has not been revoked, amended or in any manner modified and accordingly, the same may be relied upon until a written notice to the contrary is issued by the corporation. IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________. DEANNA TROI Corporate Secretary ATTESTED: JEAN-LUC PICARD President PLUS: Jurat

G. Board Resolutions Sample Board Resolution Granting Authority to Act: Board Resolution No. ___ RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and all transactions with the representatives of the Ferengi Trade Federation, as may prove to be beneficial to the corporation in his own opinion and determination. th

Approved and adopted this 7 day of July, 2007 at Makati City, Philippines. (Name of Directors)

Sample Board Resolution Increasing the Number of Directors and Making the Necessary Amendment to the Articles of Incorporation: Board Resolution No. ___ RESOLVED, by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock, to INCREASE the number of Directors of the Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to reflect this increase. th

Approved and adopted this 7 day of July, 2007 at Makati City, Philippines. (Name of Directors)

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Sometimes, it is important to indicate whether the meeting was a general or a special meeting, considering that the Corporation Code expressly provides that a meeting specially called for a particular purpose, e.g. to increase corporate indebtedness, is necessary to do such particular corporate act.

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

H. Deed of Assignment DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS:

The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation of this assignment in the books of the corporation. IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of Manila. DAMI SHARES Assignor SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

I.

Deed of Sale

Standard Form of Deed of Sale of Registered Land (Unilateral): Republic of the Philippines ) Makati City ) S.S. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ do hereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Technical Description of property/ies; specify metes and bounds of the property/ies with approximate area thereof, as indicated on the face of the title) of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City. It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of this deed of sale. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendor’s Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

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I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership and interest over its subscription to One Hundred Thousand (100,000) shares of the capital stock of _________ Corporation, including advances due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid subscription on the said shares.

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Standard Form of Deed of Sale of Unregistered Land (Unilateral) Republic of the Philippines ) Makati City ) S.S.

KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of __________, paid to me today by MA GU LANG, Filipino, single and resident of _______________________ do hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Description: state the nature of each piece of land and its improvements, situations and boundaries, area in square meters, whether or not the boundaries are visible on the land by means of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year or years when registration is made, the assessed value of the property for the year) It is hereby declared that the boundaries of the foregoing land are visible by means of _______________; that the permanent improvements existing thereon consist of _________ (if none, state so); that the land is assessed for the current year at P______________ as per Tax Declaration No. __________, and the buildings and/or improvements , at P____________ as per Tax Declaration No. _________, of the City Assessor of Makati. The above described real estate, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended. th

IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendor’s Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

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DEED OF ABSOLUTE SALE

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Standard Form of Deed of Sale with Pacto de Retro (Bilateral): Republic of the Philippines ) Makati City ) S.S.

This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE); WITNESSETH: That– The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; The VENDOR, 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 a period of ____ years from date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real property. th

IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City. MA YA MAN Vendor

MA GU LANG Vendee

With my marital consent: ASA WA

With my marital consent: BA TAPA SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2

PLUS: Acknowledgment

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DEED OF SALE WITH PACTO DE RETRO

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Standard Form of Deed of Repurchase of Land Sold under Pacto de Retro: Republic of the Philippines ) Makati City ) S.S.

KNOW ALL MEN BY THESE PRESENTS: I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal age, married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONVEY unto said MA YA MAN that certain parcel of land, with all the buildings and improvements thereon, situated at Makati City, and more particularly described, as follows: (Copy technical description in title) covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and which property was previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before Notary Public __________ and bearing Notarial Registration No. ___, Page No. ____, Book No. ____ and Series of 20__ of his Notarial Register, a copy of which is attached as ANNEX A. th

IN WITNESS WHEREOF, I have signed this deed this 7 of July, 2007 at Makati City. MA GU LANG Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: BA TAPA Vendor’s Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment

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DEED OF RESALE

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Standard Form of Deed of Sale with Mortgage: Republic of the Philippines ) Makati City ) S.S.

This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR-MORTGAGEE), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE-MORTGAGOR); WITNESSETH: That– The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of which amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDORMORTGAGEE at the latter’s residence, as follows: (State manner of payment) In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described, together with all the buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further force and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law. th

IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City. MA YA MAN Vendor

MA GU LANG Vendee

With my consent: ASA WA Vendor’s Wife

With my consent: BA TAPA Vendee’s Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2

PLUS: Acknowledgment

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DEED OF SALE WITH MORTGAGE

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

LEGAL ETHICS AND FORMS REVIEWER

J. Dacion En Pago Under Art. 1245, Civil Code, DATION IN PAYMENT (dacion en pago) is a mode of payment by which property is alienated to the creditor in satisfaction of a debt in money; it is governed by the law of sales.

DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married to BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH: That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full payment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain real estate with all the buildings and improvements thereon, situated in ___________, and more particularly described as follows: (Description of property assigned) of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer (or Original) Certificate of Title No. ____________ of the Register of Deeds of _____________. That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt of ______________ Pesos (P_________). IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City. DAMI UTANG Assignor

DAMI LUPA Assignee

ALANG MALAY Assignor’s Wife

With my marital consent: BIL MOKO Assignee’s Wife

PLUS: Acknowledgment

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Standard Form of Deed of Assignment of Real Estate in Payment of Debt (Dacion En Pago):

LEGAL ETHICS AND FORMS REVIEWER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

K. Chattel Mortgage Sample of Chattel Mortgage: Republic of the Philippines ) Makati City ) S.S. CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married and resident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattel mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more particularly described as: Model/Make No./Color: BMW 738i (1998), racing green; Chassis No. : 00000001111; Engine No. : 00000001111; of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of Motor Vehicle No. ______ issued in my name by the Land Transportation Office on __________________. This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shall become null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance with law. IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City. DAMI KOTSE Affidavit of Good Faith We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not intended to defraud creditors. YAMAN NYA

DAMI KOTSE Signed in the presence of:

UZI 1 PLUS: Acknowledgment

UZI 2

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Appeals and Other Modes of Review

A. B.

ORDINARY APPEALS IN CIVIL CASES ORDINARY APPEALS IN CRIMINAL CASES C. PETITIONS FOR REVIEW

B. Ordinary Appeals in Criminal Cases

A. Ordinary Appeals in Civil Cases

Pursuant to Sec. 1(a), Rule 122, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal 2. Brief/Memorandum for Appellant or Appellee

From MTC (original jurisdiction) to RTC (appellate jurisdiction): Pursuant to Rule 40, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal - Parties - Judgment or final order appealed from - Material dates showing timeliness of appeal 2. Proof of Payment of Appellate Court Docket and Other Lawful Fees 3. Memorandum for Appellant or Appellee From RTC (original jurisdiction) to CA: Pursuant to Rule 41, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal 2. Brief for Appellant - Subject Index of the matter in brief - Assignment of Errors - Statement of the Case - Statement of the Facts - Statement of the Issues - Argument - Relief - Copy of judgment or final order appealed from  The Appellee shall likewise file his Brief, which follows the same format as that in the Appellant’s Brief, EXCEPT for the Copy of judgment or final order appealed from. 3. Appellant’s Reply Brief 4. Memorandum (in special cases) - Statement of the Case - Statement of the Facts - Statement of the Issues - Argument - Relief

From MTC (as trial court) to RTC (appellate jurisdiction):

From RTC (as trial court) to CA: Pursuant to Secs. 1(b) and 3(a), Rule 122, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal 2. Brief/Memorandum for Appellant or Appellee From RTC (as trial court) to SC: Pursuant to Sec. 3(c) in relation to Sec. 3(a), Rule 122, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal 2. Brief/Memorandum for Appellant or Appellee NOTE that the only instance when an ordinary appeal from the RTC to the SC and where resort is made by simple notice of appeal is when the penalty imposed by the RTC is reclusion perpetua or life imprisonment or where a lesser penalty is imposed BUT involving offenses committed on the same occasion or arising out of the same occurrence, which gave rise to the more serious offense for which the penalty of death, reclusion perpetua or life imprisonment is imposed.

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Part VII.

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

LEGAL ETHICS AND FORMS REVIEWER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

C. Petitions for Review

From RTC (on pure questions of law) or CA (appellate jurisdiction) to SC: The petition, which MUST be filed within 15 DAYS from notice of judgment or final order OR within the maximum of 15 DAYS extension period therefrom, MUST include all of the following: 1. Names of Petitioner and Respondent (Without Impleading the Lower Court/Judge/Justice) 2. Statement of Material Dates 3. Material Allegations, Reasons or Arguments for Allowance of Petition 4. Verification and Certification against Forum Shopping 5. Attachments - Certified true copy or duplicate original copy of judgment/final order questioned - Clear and legible copy of all pleadings and other material portions of the record 6. Proof of Service and Explanation for Service by Registered Mail (if applicable)

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From RTC (as appellate court) or from a quasi-judicial agency to CA: Pursuant to Rules 42 and 43, Rules of Court, the petition, which MUST be filed within 15 DAYS from notice of judgment or final order OR within the maximum of 15 DAYS extension period therefrom, MUST include all of the following: 1. Full names of petitioner and respondent 2. Statement of Material Dates 3. Statement of Material Averments 4. Statement of Issues, Errors of Fact or Law 5. Argument 6. Verification and Certification against Forum Shopping 7. Attachments - Certified true copy or duplicate original copy of judgment/final order questioned - Clear and legible copy of all pleadings and other material portions of the record 8. Proof of Service and Explanation for Service by Registered Mail (if applicable)

LEGAL ETHICS AND FORMS REVIEWER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data AMPARO

B. HABEAS DATA

A. Amparo Under A.M. No. 07-09-12-SC, the Rule on the Writ of Amparo, anyone whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity can file a SIGNED AND VERIFIED petition for the issuance of a writ of amparo. BUT, it is not available for violations or threatened violations of the right to property per se, except when the right to property is connected to the right to liberty such that the latter right cannot be vindicated without addressing the threat to or violation of the right to property. The petition can be filed SUCCESSIVELY (or by DEFAULT) by the following: an aggrieved party; a member of his immediate family (i.e., spouse, children & parents); an ascendant, descendant th or collateral relative within the 4 civil degree of consanguinity or affinity; and in default of all the foregoing, by a concerned citizen, organization, association or institution. The filing by a more prior party suspends the right of all others to file similar petitions. NOTE that even if the Rule did not expressly require so, if the petition was filed by any of the relators, a statement must be made that the aggrieved party did not, or could not file the petition. The petition may be filed on any day, or at any time with any of the following courts, and the writ is enforceable anwhere in Philippines. a. RTC of place where the threat, act or omission was committed or any of its elements occurred b. Sandiganbayan or Court of Appeals or any justice there c. Supreme Court or any justice there The petition MUST include all of the following: 1. Personal Circumstances of the Petitioner 2. Name and Personal Circumstances of the Respondent Responsible OR if the Name is Unknown or Uncertain, his Assumed Appellation 3. Right to Life, Liberty and Security of the Aggrieved Party Violated or Threatened, Act/s Allegedly Violative of Said Rights and the Attendant Circumstances

4. Investigation Conducted, if any, the Investigating Authority, the Manner and Conduct Thereof and any Report thereon 5. Actions and Recourses Taken by the Petitioner to Determine the Fate or Whereabouts of the Aggrieved Party and the Identity of the Person Responsible 6. Relief Prayed For *7. Certification against Forum Shopping  WON this certification is necessary is debatable. The Rule does not expressly require a Certification and the Rule forbids the filing of a motion to dismiss. HOWEVER, Sec. 5, Rule 7, RoC, which is the general rule on all initiatory pleadings may be used to justify the need for such a certification. The VERIFIED return and supporting affidavits, which must be filed within 72 HOURS after service of writ MUST include all of the following: 1. Lawful Defenses 2. Steps or Actions Taken by the Respondent to Ensure the Security and Confidentiality of the Data or Information 3. All Relevant Information in the Respondent’s Possession 4. If the Respondent is a Public Official or Employee, he must further state the actions that have been or will still be taken to: a. verify the identity of the aggrieved party b. recover and preserve evidence c. identify witnesses and obtain statements from them d. determine the cause, manner, location and time of death or disappearance + any pattern or practice e. identify and apprehend the person/s involved f. bring the suspected offenders before a competent court The Rule provides for four INTERIM reliefs for the petitioner, to wit: a temporary protection order, an inspection order, production order and witness protection order. On the other hand, two INTERIM reliefs are provided for the respondent, namely: an inspection order and a production order. The judgment must be rendered within 10 days from the time the petition was submitted for decision, while an appeal under Rule 45, RoC on the basis of questions of fact and/or law must be filed within 5 working days from notice of adverse judgment.

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A.

LEGAL ETHICS AND FORMS REVIEWER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

The following are PROHIBITED pleadings and motions: 1. motion to dismiss 2. motion for extension of time to file return, opposition, affidavit, position paper and other pleadings 3. dilatory motion for postponement 4. motion for a bill of particulars 5. counterclaim or cross-claim 6. third-party complaint 7. reply 8. motion to declare respondent in default 9. intervention 10. memorandum 11. MR of interlocutory orders or interim relief orders 12. petition for CMP against any interlocutory order

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Standard Form of a Petition for the Issuance of a Writ of Amparo: [CAPTION AND TITLE] Republic of the Philippines (COURT) (Location) Name of Aggrieved Party or Relator, Petitioner, (Case No. _____________) - versus -

Name of Public Official/Employee Or Private Individual or Entity, Respondent/s. X ---------------------------------------- X

PETITION

PETITIONER, by counsel, respectfully states that: [PARTIES] 1. Petitioner/Relator is . . . 1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim) 1.2. Factual Statements Relevant to Grounds (Violation of Right to Life, Liberty and Security of Person or Threat thereof) 1.3. Contact Details 1.4. Other Relevant Details 2. Respondent/s is/are . . . 2.1. Personal/Professional Circumstances Relevant 2.2. Contact Details 2.3. Other Relevant Details [BODY] 3. Statement of Facts

LEGAL ETHICS AND FORMS REVIEWER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing) 3.2. Statement as to Judicial Affidavits (if any) of witnesses 3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts

5. Statement of Material Facts Relevant to Final Relief/s [RELIEF] WHEREFORE, . . . (a) Interim Reliefs be granted immediately (b) Final Reliefs be granted after hearing (c) Interim Reliefs be made permanent (d) Other Reliefs be granted [DATE AND PLACE] [NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]

Standard Form of a Return: [CAPTION AND TITLE] [PARTIES] [BODY] 1. Supporting Affidavits of respondents and their witness/es 2. Statement as to: 2.1. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition; 2.2. the steps or actions taken to determine the fate or whereabouts of the AP and the persons responsible for the threat, act or omission 2.3. all relevant information in the possession of the respondent pertaining to the threat, act or omission against the AP; 2.4. [if the respondent is a public official/employee], add: actions taken or to be taken: a. to verify the identity of the AP; b. to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person/s responsible; c. to identify witnesses and obtain statements from them concerning the death or disappearance; d. to determine the cause or manner, location and time of death, or disappearance as well as any pattern or practice that may have brought about the death or disappearance; e. to identify and apprehend the person/s responsible; f. to bring the suspected offenders before a competent court. 3. Opposition to Interim Reliefs applied for [RELIEFS] [DATE AND PLACE] [NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]

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4. Statement of Material Facts Relevant to Interim Reliefs (if any) a. Temporary Protection Order b. Inspection Order c. Production Order d. Witness Protection Order

LEGAL ETHICS AND FORMS REVIEWER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

B. Writ of Habeas Data

The petition can be filed by the aggrieved party.BUT, in cases of extralegal killings and enforced disappearances: a member of his immediate family (i.e., spouse, children & parents), or an ascendant, descendant or th collateral relative within the 4 civil degree of consanguinity or affinity can file the petition. The petition may be filed with any of the following courts, and the writ is enforceable anwhere in Philippines. a. RTC of place where the petitioner/respondent resides OR that which has jurisdiction over the place where the data/information is gathered/collected/stored at the petitioner’s option AND when the action concerns public data files of government offices: b. Sandiganbayan or Court of Appeals or any justice there c. Supreme Court or any justice there The petition MUST include all of the following: 1. Personal Circumstances of the Petitioner and the Respondent 2. Manner the Right of Privacy is Violated or Threatened and HOW it Affects the Right to Life, Liberty or Security of the Aggrieved Party 3. Actions and Recourses Taken by the Petitioner to Secure Data/Info 4. Location of the Files, Registers or Databases, the Government Office, and the Person in Charge/Possession/Control of Data/Info, if known 5. Reliefs Prayed For  The Court may order, by way of final relief that the act be enjoined or the data or information deleted, destroyed or rectified. The Court may also order that all other relevant reliefs be granted.

*

In case of threats, the relief may include INJUNCTION. 6. Other Relevant Reliefs as are Just and Equitable *7. Certification against Forum Shopping  WON this certification is necessary is debatable. The Rule does not expressly require a Certification and the Rule forbids the filing of a motion to dismiss. HOWEVER, Sec. 5, Rule 7, RoC, which is the general rule on all initiatory pleadings may be used to justify the need for such a certification. Since only indigents are exempted from paying docket fees and other lawful fees, they must submit their proof of indigency within 15 DAYS from the filing of the petition. The VERIFIED return, which must be filed within 5 WORKING DAYS after service of writ (subject to reasonable extension for justifiable reasons) MUST include all of the following: 1. Lawful Defenses  e.g. national security, state secrets, privileged communications, confidentiality of the source of info of media and others 2. In Case of Respondent in Charge/Possession/Control of Data/Info: a. disclosure of data/info about petitioner, nature of such data/info and purpose for its collection b. steps or actions taken by the respondent to ensure the security and confidentiality of the data or information c. currency and accuracy of the data or information held 3. Other Allegations Relevant to Resolution The PROHIBITED pleadings and motions are the SAME as in the writ of amparo, to wit: 1. motion to dismiss 2. motion for extension of time to file return, opposition, affidavit, position paper and other pleadings 3. dilatory motion for postponement 4. motion for a bill of particulars 5. counterclaim or cross-claim 6. third-party complaint 7. reply 8. motion to declare respondent in default 9. intervention 10. memorandum 11. MR of interlocutory orders or interim relief orders 12. petition for CMP against any interlocutory order

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Under A.M. No. 08-01-16-SC, the Rule on the Writ of Habeas Data, anyone whose right to PRIVACY in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party, can file a petition for the issuance of a writ of habeas data. BUT, this remedy is NOT AVAILABLE for violations or threatened violations of the right to property per se, except where the right to property is connected to the right to liberty such that the latter right cannot be vindicated without addressing the threat to or violation of the right to property.

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

LEGAL ETHICS AND FORMS REVIEWER

Standard Form of a Petition for the Issuance of a Writ of Habeas Data: [CAPTION AND TITLE] Republic of the Philippines (COURT) (Location) Name of Aggrieved Party or Relator, Petitioner, (Case No. _____________) - versus Name of Public Official/Employee Or Private Individual or Entity, Respondent/s. X ---------------------------------------- X

PETITION

PETITIONER, by counsel, respectfully states that: [PARTIES] 1. Petitioner/Relator is . . . 1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim) 1.2. Factual Statements Relevant to Grounds (Violation of Right to Privacy in Life, Liberty or Security or Threat thereof) 1.3. Contact Details 1.4. Other Relevant Details 2. Respondent/s is/are . . . 2.1. Personal/Professional Circumstances Relevant 2.2. Contact Details 2.3. Other Relevant Details [BODY] 3. Statement of Facts 3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing) 3.2. Statement as to Judicial Affidavits (if any) of witnesses 3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. Statement of Material Facts Relevant to any Interim Reliefs (if any) 5. Statement of Material Facts Relevant to Final Relief/s [RELIEF] WHEREFORE, . . . (a) Interim Reliefs be granted immediately (b) Final Reliefs be granted after hearing (c) Interim Reliefs be made permanent (d) Other Reliefs be granted [DATE AND PLACE] [NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]

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Standard Form of a Return:

1. Supporting Affidavits of respondents and their witness/es 2. Statement as to: 2.1. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition; 2.2. Disclosure of the data or information about the petitioner, the nature of such data or information and the purpose for its collection; 2.3. The steps or actions taken by the respondent/s to ensure the security and confidentiality of the data or information; and 2.4. The currency and accuracy of the data or information held; 2.5. Other allegations relevant to the resolution of the proceeding; 3. Opposition to Interim Reliefs applied for [RELIEFS] [DATE AND PLACE] [NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]

* Most of these forms are based on Prof. Theodore Te’s Legal Forms v2009, while the others are based on “Philippine Legal Forms Plus” 2009 by Atty. Fernando B. Duque

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[CAPTION AND TITLE] [PARTIES] [BODY]

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

Glossary of Uncommon Terms ABJURE - to renounce, repudiate or retract, esp. with solemnity, under oath; to recant. AB INITIO - from the beginning ABNEGATE - to refuse or deny oneself (rights, claims, conveniences, etc.); reject; give up ADDLEBRAINED - foolish; silly; having or revealing a muddled or confused mind; stupid AD HOMINEM - appealing to one's prejudices, emotions or special interest rather than to intellect or reason, as by attacking one's opponent rather than debating the issue. ADVENTITIOUS - added extrinsically; not essentially inherent; out of the proper place or usual place. A FORTIORI - with stronger reason AGRESTIC - rural; crude; uncouth AIDE-MEMOIRE - a memorandum of a discussion; proposed agreement ALEATORY - depending or pertaining to chance, luck or contingency; unpredictable ALEXIPHARMAC - an antidote AMICUS CURIAE - a friend of the court; a person appointed by the court as an impartial adviser. AMORPHOUS - without definite form; shapeless, of no definite or particular type, kind or character; unorganized; vague. ANACHRONISM - the representation of something as existing or occurring at other than its proper time, esp. earlier; anything that is or seems to be out of its proper time in history ANCHORITE - a person who lives alone and apart from society for religious meditation; hermit; recluse ANDROGYNOUS - exhibiting both male and female characteristics, esp. sexual ones; hermaphroditic ANIMADVERT - to observe, censure; to comment or act upon something with disapproval; criticize adversely ANTEBELLUM - before the war ANTIPODE - anything diametrically opposed; exact opposite ANTITHESIS - opposition; contrast; the direct opposite APHORISM - a terse, pithy expression embodying a wise or clever observation or a general truth; maxim; adage APOCALYPTIC - prophesying total destruction or great disasters; affording a revelation or prophesy; pertaining to the Apocalypse APOCRYPHAL - of doubtful sanction, authorship or authority; uncanonical; false; spurious; counterfeit APOGEE - the farthest or highest point A POSTERIORI - from the effect to the cause; reasoning sequence opposed to a priori A PRIORI - reasoning sequence from cause to effect

ARGUMENTUM AD ADSURDUM - an argument proving the absurdity of an opponent's argument ARGUMENTUM AD HOMINEM - an argument to the individual man, i.e., to his interests and prejudices ATHWART - across; against; opposed ATRABILIOUS - sad; melancholy; morose; gloomy; irritable; bad-tempered ATTORNEY AD HOC A person named appointed by the court to defend an absentee defendant in the suit in which the appointment is made. ATTORNEY-AT-LAW That class of persons who are licensed officers of the courts empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. ATTORNEY IN FACT An agent whose authority is strictly limited by the instrument appointing him. His authority is provided in a special power of attorney or general power of attorney or letter of attorney. He is not necessarily a lawyer. ATTORNEY OF RECORD The attorney whose name is entered in the records of an action or suit as the lawyer of a designated party thereto. (1999 BAR EXAMS) AUTARKY - national economic self-sufficiency; a national policy of economic independence, esp. of getting along without imports AUTODIDACT - a person who is self-taught AVANT GARDE - the advance group, the leaders, or the radical in any field, esp. in the visual, literary or musical arts, whose works are characterized by unorthodox and experimental methods; vanguard BAGATELLE - something of little value; an unimportant trifle; a short, light piece of music BAR AND BENCH Bar refers to the whole body of attorneys and counselors collectively, the members of the legal profession. Bench denotes the whole body of judges. BARRATRY Offense of frequently inciting and stirring up quarrels and suits. The lawyer’s acts of fomenting suits among individuals and offering legal services to one of them. (1993 BAR EXAMS) BEAU COUP - very much; very many BEAU GESTE - a fine or beautiful gesture; an act or offer that seems fine, noble but is empty BEAU MONDE - fashionable society; elegant world BELLWETHER - a leader of a movement or activity BETE NOIRE - something or someone that a person particularly dislikes, fears, avoids, dreads or loathes BILLINGSGATE - coarsely or vulgarly abusive language

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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

BLANDISHMENT - speech or action that flatter and tends to coax, entice or persuade; allurement BLOVIATE - to orate verbosely and windily BONHOME - good nature; pleasant and easy manner BON VIVANT - a person who lives luxuriously and enjoys good food and drink; an epicure BRAVURA - a display of daring; brilliant performance; dash BRIO - animation; vivacity; zest BUMPTIOUS - offensively assertive; disagreeably or excessively conceited, arrogant or forward CACHINNATE - to laugh loudly, immoderately or excessively CADGE - to obtain by imposing on another's generosity or friendship; to borrow without intent to repay CARTE BLANCHE - full power or authorization CAVEAT EMPTOR - let the buyer beware CAVIL - a trivial, annoying and pointless objection; quibble; the raising of trivial questions CHIMERA - a horrible or unreal creature of the imagination; a vain, impossible or idle fancy CHUTZPAH - unmitigated effrontery or impudence; shameless audacity; insolence CLAUDICANT - lame; having a limp CLERISY - learned persons as a class; literati; intelligentsia; educated people as a class CLOY - to weary by an excess of something, as of food; sweetness, richness or pleasure; surfeit; satiate; to become uninteresting or distasteful through overabundance COGITATE - to think deeply or intently; to ponder; to meditate COGNOSCENTI - those who are well-informed or have superior knowledge and understanding of a certain field, esp. of fine arts, literature or the world of fashion COLLOCATE - to arrange or place together, esp. side by side; to arrange in proper order COMMINATE - to threaten with divine vengeance COMPOS MENTIS - of sound mind CONCATENATION - a series of links united; a series or order of things depending on each other as if linked together; a chain; succession CONDIGN - suitable to the fault or crime; deserved; adequate CONTRETEMPS - an inopportune or unfortunate occurrence; an embarrassing mischance; awkward mishap CONUNDRUM - a riddle whose answer involves a pun; any puzzling question or problem COUP DE GRACE - a death blow, esp. one delivered mercifully to end suffering by a mortally wounded person; any finishing or decisive stroke CUMSHOW - a present, gratuity or tip DEBOUCH - to come forth; emerge DECLASSE - reduced to or having low status

DEFENESTRATION - the act of throwing a person or thing out of a window; a tossing out through a window DEMIMONDE - a class of women who have lost social standing because of indiscreet behavior or sexual promiscuity DEMOTIC - of or pertaining to the common people; popular; common DE RIGUEUR - strictly required, as by etiquette, usage or fashion DESULTORY - lacking in consistency, constancy, or visible order; disconnected; not methodical DETRITUS - loose material that is worn away from rocks, debris DIKTAT - a harsh settlement unilaterally imposed on a defeated party; an authoritative decree or order EBULLIENT - overflowing with enthusiasm or excitement EFFULGENCE - the state of being bright or radiant; brilliance ESURIENT - hungry; voracious; greedy EXIGUOUS - extremely scanty; meager EX PARTE - from one side only; other party is not around or absent EX TEMPORE - without preparation; impromptu FAIT ACCOMPLI - a thing already done FALSUS IN UNO, FALSUS IN OMNIBUS - false in one thing, false in everything. Legally, the entire testimony of a witness may be disregarded if some part of it is found to be false. FARRAGO - a confused mixture; an assortment; a medley FAUX PAS - a false step; a social blunder FRIABLE - easily crumbled; pulverized or reduced to powder FURBELOW - something showy or superfluous GAUCHERIE - lack of social grace; tactlessness GLABRIOUS - smooth; bald; without hair GRACILE - gracefully slender; thin GRANDILOQUENT - speaking or expressed in a lofty highfalluting, pompous or bombastic style GRAVAMEN - the essential part of an accusation or that which weighs most heavily or adversely against the accused GRAVID - in the family way or pregnant HABEAS CORPUS - a legal order directing somebody with custody of a person to bring the party in court HALCYON - peaceful; calm; tranquil HOLOGRAPHIC - wholly written by the person in whose name it appears, applies particularly to wills and testaments HOUSE COUNSEL (or IN-HOUSE COUNSEL) One who acts as attorney for business though carried as an employee of that business and not as an independent lawyer IN ARTICULO MORTIS (IN EXTREMIS) - at the point of death

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LEGAL ETHICS AND FORMS REVIEWER

Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

INCHOATE - in the early stages; not yet completely or clearly formed or organized; incipient INCULPATE - to charge with fault; blame, accuse or involve in a charge INEFFABLE - incapable of being expressed in words; unspeakable; indescribable INELUCTABLE - impossible to avoid or evade; inevitable IN LOCO PARENTIS - in the place of a parent IPSO FACTO - by the fact itself; by the nature of the case JINGO - a person who professes patriotism loudly or excessively KVETCH - to complain; to whine LAMBENT - playing lightly on or over a surface; flickering as a lambent flame LEGERDEMAIN - sleight of hand LOGORRHEA - excessive talkativeness or wordiness MODUS VIVENDI - mode of living MOIETY - one of equal parts; an indefinite part NE PLUS ULTRA - the highest point or culmination; the highest point of perfection NIHILISM - total rejection of established laws and institutions; extreme skepticism NOBLESSE OBLIGE - the moral obligation of the rich to display honorable or charitable conduct NON COMPOS MENTIS - not of sound mind NON SEQUITUR - conclusion that does not follow logically from the premises; a remark having no bearing on what has just been said NUGATORY - of no real value; of no force or effect; ineffective OBITER DICTUM - in court decisions, a statement made by way of opinion ONUS PROBANDI - the burden of proof OXYMORON - a figure of speech in which opposite or contradictory ideas or terms are combined, such as open secret, cruel kindness, deafening silence POLEMIC - a person inclined to engage in argument or disputation PROLIX - unnecessarily long; tending to speak or write excessive length PRO SE An appearance by a lawyer in his own behalf. (1995 BAR EXAMS)

PUTATIVE - to suppose; consider; reputed; generally considered or deemed such QUANTUM MERUIT, Doctrine of A device to prevent undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. QUID PRO QUO - something in return; compensation QUOTIDIAN - daily; occurring or recurring daily; ordinary; common RAPPROCHEMENT - bringing together; drawing closer; reconciliation RATIOCINATION - the process of reasoning RECHERCHE - sought out with care; choice; too refined; too studied RES IPSA LOQUITUR, Doctrine of Literally, the thing speaks for itself. This principle or doctrine applies to both judges and lawyers. Judges had been dismissed from the service without the need for a formal investigation because based on the records, the gross misconduct or inefficiency of the judges clearly appears. (Uy vs. Mercado, 154 SCRA 567) SERIATIM - in a series; one after another SUB JUDICE - under consideration by the court; pending judgement SYBARITE - a person devoted to luxury and pleasure TEMERARIOUS - recklessly or presumptuously daring UMBRAGE - offense; resentment; annoyance or displeasure USUFRUCT - the right to use or benefit from something which belongs to another, short of destroying or harming it; the use, enjoyment or profitable possession of something UXURIOUS - doting upon, irrationally fond of or affectionately over abusive toward one's wife VERISIMILITUDE - the appearance or semblance of truth or fact; probability; something having merely the appearance of truth VOLTE FACE - the act of turning so as to face in the opposite direction; a complete change of attitude or opinion

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185 LEGAL FORMS

LEGAL ETHICS AND FORMS REVIEWER