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Ethics 2

The document discusses various non-litigation forms including acknowledgements, jurats, affidavits of loss and good faith, and deeds of sale. [1] It provides sample forms and notes for an acknowledgement, jurat, and affidavits of loss of certificate of registration for an automobile and of good faith for a chattel mortgage. [2] It also provides samples for deeds of sale, including an absolute sale of real property, sale of personal property, and a sale with a pacto de retro allowing the vendor to repurchase the property.

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Mel Cando
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0% found this document useful (0 votes)
326 views59 pages

Ethics 2

The document discusses various non-litigation forms including acknowledgements, jurats, affidavits of loss and good faith, and deeds of sale. [1] It provides sample forms and notes for an acknowledgement, jurat, and affidavits of loss of certificate of registration for an automobile and of good faith for a chattel mortgage. [2] It also provides samples for deeds of sale, including an absolute sale of real property, sale of personal property, and a sale with a pacto de retro allowing the vendor to repurchase the property.

Uploaded by

Mel Cando
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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I.

NON-LITIGATION FORMS

A. BASIC FORMS

ACKNOWLEDGEMENT (Simple form:1976 Bar Exams)

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF )SS
MUNICIPALITY )

BEFORE ME, this ______ day of ______, 2001 in the Municipality of


_____________, province of ___________, Philippines, personally appeared
_________________, with Residence Certificate No. ______ issued at _____, on
___________and TIN (Taxpayer’s Identification No.) __________ 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 hereunto set my hand and affixed my


notarial seal, on the day, year and place above written.

Notary Public
Until December 31, 2002
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City

Doc. No. _____;


Page No. _____;
Book No._____;
Series of 2002.

NOTE:

If instrument consists of 2 or more pages, include the following after the 1 st


paragraph:

This instrument, consisting of _____ pages, including the page on which


this acknowledgement is written, has been signed on the left margin of each
and every page thereof by ________and his witness, and sealed with my
notarial seal.
If the instrument relates to the sale to the sale (or mortgage) of _______
parcels of land, and consists of ____ pages including the page on which this
acknowledgment is written, each and every page of which, on the left
margin, having been signed by _______ and his witnesses, and sealed with my
notarial seal.

JURAT (1994 Bar Exams)

SUBSCRIBED AND SWORN to me, in the Municipality of _______, Province of


_____ this the day of _____, 20___by affiant exhibiting to me his Community
tax Certificate No. ______issued at ____on ______, 2002.

Notary Public
Until December 31, 2002
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City
Doc. No. _____;
Page No. _____;
Book No._____;
Series of 2002.

NOTE:

ACKOWLEGDMENT VS. JURAT

An acknowledgement is the act of one who has executed a deed, in going


before some competent officer or court and declaring it to be his act or deed,
while a jurat is that part of an affidavit where the officer certifies that the
same was “sworn” before him.

AFFIDAVIT OF LOSS OF CERTIFICATE OF REGISTRATION OF AUTOMOBILE

Republic of the Philippines )


Province )SS
Municipality )

AFFIDAVIT

I, __________________, of legal age, single/married, residing


at_______, after being sworn in accordance with law, depose and say:
That I am the true owner of ___________, described as follows to wit:

(Description of Property)
That the said automobile had been duly registered in my name in the
Land Transportation office in _______ for the year (or years) _______;
That the certificate of registration and other pertinent papers of
ownership of said automobile were among those burned and destroyed on
______ when my house and all my personal belongings were completely
destroyed by fire;

That said paper are now beyond recovery.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of


_____, 20____, in the Municipality of ______, Province of _______, Philippines.

__________________
(Signature of Affiant)

JURAT

AFFIDAVIT OF GOOD FAITH (1991 Bar Exams)


(NOTE: This is necessary in a Chattel Mortgage Contract)

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTAGOR and MORTAGEE, severally swear that


the foregoing chattel mortgage is made and executed for the purpose of
securing the obligation specified therein, and for no other purpose, and that
the same is just and valid obligation, and one not entered into for the purposes
of fraud.

______________ _______________
(Mortgagor) (Mortgagee)

JURAT

B. CONTRACT OR AGREEMENTS

(Note: if the deed/contract is unilateral i.e., when the vendee assumes no


obligation, there is no need for the vendee to sign the contract/deed not the
acknowledgement; however; if the vendee is obliged to perform something, he
must sign both the deed and the acknowledgement.)

1. SALE

SALE OF REAL PROPERTY (1979, 1983, 1984, 1989, 1991 Bar Exams)

DEED OF ABBSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:


I, (Full name of vendor), Filipino citizen, single/married to
_____________, of legal age, with residence and post-office address at
_____________,
WITNESSETH, That

For and in consideration of the sum of ____________ PESOS (P____),


Philippine currency, to me in hand paid by (Full name of vendee) Filipino
citizen, of legal age, with residence and post office address at __________,
do hereby SELL, TRANSFER, AND CONVEY , absolutely and unconditionally,
unto the said _____________ his/her heirs and assigns, that certain parcel
(or parcels of lands, together with the buildings and improvements
thereon), situated in (city or municipality, and province), and more
particularly described as follows, to wit:

(Description of Property)

of which I am 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 __________.

It is hereby mutually agreed that the vendee shall bear all the expenses
for the execution and registration of this deed of sale.

IN WITNESS WHEREOF, I have hereunto singed this ____ day of _____,


20____ at (city or municipality), Philippines.

_______________
(Vendor)

With my consent (if married):

__________________
(Vendor’s wife)

SIGNED IN THE PRESENCE OF :

___________________ ________________
(Witness) (Witness)

ACKNOWLEDGMENT

SALE OF PERSONAL PROPERTY

DEED OF SALE

KNOW ALL MEN BY THESE PRESENTS:


That I, _____________, of legal age, single, Filipino, residing and with
postal address at __________for and in consideration of the sum of
P______, receipt of which is hereby acknowledged, have transferred and
conveyed by way of absolute sale unto ________ that certain motor vehicle
described as

Honda CRV car plate No. _____, Motor No. ____, Chassis No. ___,

of which I am the absolute owner, free from all liens and encumbrances.

____________
Single
WITNESSES:
____________
____________

ACKNOWLEDGMENT

(NOTE: Unilateral – no need for the vendee to sign, however, if vendee is


obliged to perform something, he must sign.)

SALE UNDER PACTO DE RETRO (1978 Bar Exams)

DEED OF SALE WITH PACTO DE RETRO

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Sale with Pacto de Retro made and executed by and
between:

(full name of vendor), Filipino, of legal age, single (or married to


__________), with residence and post-office address at__________, herein
after called the VENDOR, and

(full name of vendee), Filipino of legal age, single (or married to


_________), with residence and post-office address at
__________________,herein after called the VENDEE.

WITNESSETH, That

The VENDOR is the absolute owner of a certain parcel with all the
buildings and improvements thereon, situated in _________, and more
particularly described as follows, to wit:

(copy description stated in the certificate of title)

his title being evidenced by Transfer (or Original) Certificate of Title (or
TCT/OCT) No. _____ issued by the Register of Deeds of ___________;
The VENDOR, for and in consideration of the sum of ________PESOS
(P____), hereby SELL TRANSFER, and CONVEY, under PACTO DE RETRO unto
the said VENDEE, his heirs and assigns, the above-described property with all
buildings and improvements thereon free from all liens and encumbrances
whatsoever;

The VENDOR, a retro, in executing this conveyance, hereby reserves the


right to REPURCHASE and the VENDEE, in accepting the same, hereby obligates
himself to RESELL, the property herein conveyed within the period of ______
years from and after the date of this instrument, for the same price of
________ PESOS (P_______),Philippine currency; Provided, however, that if
the VENDOR shall fail to exercise his right to repurchase as herein granted
within the period stipulated, then this conveyance shall become absolute and
irrevocable, without the necessity to drawing up a new deed of absolute sale,
subject to the requirements of the law regarding consolation of ownership pf
real property.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____day_____ of,20____in _____________, Philippines.

___________________ ________________
(Vendor) (Vendor)

With my consent (if married):

__________________
(Vendor’s Wife)

SIGNED IN THE PRESENCE OF :

___________________ ________________

SALE WITH MORTGAGE

DEED OF SALE WITH MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF SALE WITH MORTGAGE, made and executed by and


between:

(Full name of vendor), Filipino, of legal age, single (or married to


__________), with residence and post-office address at__________, herein
after called the VENDOR-MORTAGAGEE; and

(Full name of vendee), Filipino of legal age, single (or married to


_________), with residence and post-office address at
__________________,herein after called the VENDEE-MORTGAGOR,
WITNESSETH:

That the VENDOR-MORTGAGEE is the owner I n fee simple of a certain


parcel of land together with all the buildings and improvements thereon,
situated in _________, his title thereto being evidenced by Transfer (or
Original) Certificate of Title No. ______of the Registry of Deeds of _________
which land is more particularly described as follows, to wit:

(Description of land)

That for and in consideration of __________ PESOS (P____), Philippine


currency, of which amount the sum of ______PESOS (P____) has been paid by
the VENDEE-MORTGAGOR and receipt whereof is hereby acknowledged by the
VENDOR-MORTGAGEE, the said VENDOR MORGAGEE does hereby SELL,
TRANSFER, and CONVEY unto the said VENDEE-MORTGAGOR the above-
described real estate together with all the buildings and improvements
thereon, free from all liens and encumbrances whatsoever;

That is hereby agreed and stipulated that there is an UNPAID BALANCE of


______PESOS (P____), Philippine currency, which shall be paid by the VENDEE-
MORTGAGOR to the VENDOR-MORTAGEE at the latter’s residence, as follows
to wit:
(here state the manner of payment)

That in order to guarantee the fulfillment of the above obligations, the


VENDEE-MORTGAGOR does hereby MORTGAGE unto the VENDOR-MORTGAGEE,
his heirs and assigns, the real estate herein-above described, together with all
the buildings and improvements thereon, under the express stipulation that if
the said VENDEE-MORTGAGOR shall well and truly pay or cause to be paid unto
the VENDOR-MORTAGEE the aforesaid obligations, then 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.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____day_____ of,20____in _____________, Philippines.

___________________ ________________
(Vendor-Mortgagee) (Vendor-Mortgagor)

Signed in the presence of:


_________________
_________________

ACKNOWLEGMENT

2. LEASE
LEASE OF REAL PROPERTY (1976, 1987, 1988, 1996, 1998 Bar Exams)

CONTRACT OF LEASE

This AGREEMENT OF LEASE made and entered into by and between :

The LESSOR:________, of legal age and resident of the City of Manila,


Philippines, (or partnership or a corporation duly organized and existing under
and by virtue of the laws of the Philippines, with its principal place of business
at the City of Manila).

-and-

The LESSEE: _______, of legal age and resident of the City of Manila,
Philippines (or partnership or a corporation duly organized and existing under
and by virtue of the laws of the Philippines, with its principal place of business
at the City of Manila).

WITHNESSETH: That

WHEREAS, the LESSOR is the owner in fee simple of a certain parcel


(parcels) of land, together with the buildings and improvements thereon,
situated in (city or municipality, and province), and more particularly
described as follows:
(description of property)

WHEREAS, the lessor has offered to lease and the LESSEE has agreed to rent
the above-mentioned property.

NOW THEREFORE, the LESSOR hereby lets and leases unto the LESSEE the
above-described property under the following terms and conditions:

1. The monthly rental shall be _____PESOS (P____), Philippine Currency, to


be paid by the LESSEE at the office of the LESSOR on or before the fifth (5 th)
day of each and every moth plus one per centum (1%) surcharge per month for
the payment of rentals made after the 5 th day of the month due. It is expressly
agreed and understood that the payment of the rental herein stipulated shall
be made without the necessity of express demand and without delay on any
ground whatsoever;

2. The term of this lease is _____ commencing on _____ and expiring on


_______;
3. The LESSEE hereby expressly agrees and warrants that the leased
premises shall be used by him (it) exclusively for the following purposes, to
wit: ________; and the said LESSEE is hereby strictly prohibited from using
said premises for any other purpose or business without the prior written
consent of the LESSOR;
4. The major and minor, repairs shall be for the account of the LESSOR;
5. Taxes and assessments shall be for the account of the LESOR, while
expenses for electricity, water and other utilities shall be for the account of
the LESSEE;
6. Upon signing of this agreement, the LESSEE shall pay by the way of
deposit unto the LESSOR the sum of _____ PESOS (P___) to be applied in
payment of rentals in arrears and other expenses or charges that the LESSEE
may owe in favor of the LESSOR;
7. other conditions:
____________________________________________________________________
_______________.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____day_____ of,20____in _____________, Philippines.

___________________ ________________
(Lessor) (Lessee)

SIGNED IN THE PRESENCE OF :

___________________ ________________

ACKNOWLEGMENT

LEASE OF PERSONAL PROPERTY

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

That A of legal age, married and residing in the City of Manila,


Philippines, hereby agrees to lease his Honda Civic car model 1999 with plate
No. _____, Motor No. ______ and Chassis No. ____ to B, of legal age, married
and residing in the City of Manila, who hereby accepts to lease above
described motor vehicle, subject to the following terms and conditions.
(State terms and condition)

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____day_____ of,20____in _____________, Philippines.

___________________ ________________
(Lessor) (Lessee)

ACKNOWLEGMENT

3. MORTGAGE

REAL ESTATE MORTGAGE


REAL ESTATE MORTGAGE

I, (full name of mortgagor), Filipino citizen, of legal age, married to


________, and with residence and post-office address at ________, for and in
consideration of a loan in the sum of _________ PESOS (P____), Philippine
currency, to me in hand paid by (full name of the mortgagee) , Filipino, of
legal age, single/married to _______, and with residence and post-office
address at ______, do hereby convey, by way of MORTGAGE unto the said (full
name of the mortgagee), his/her heirs and assigns, that certain parcel of land,
together with all the buildings and improvements thereon, situated in
_______, particularly described as follows:

(Description of property)

of which property I an the registered owner as evidenced by original/transfer


Certificate of Title No. _____ of the land Registry of ______: PROVIDED,
HOWEVER, that if I the said (full name of mortgagor0 shall pay or cause to be
paid to said (Full name of mortgagee), his heirs or assigns, the said sum of
______PESOS (P_____), within the period of _________ (____) years from and
after the execution of this MORTGAGE together with the interest thereon at
the rate of _____per centum (___%) per annum, this MORTGAGE shall be
discharged and of no effect; OTHERWISE, it shall remain in full force and
effect and shall be enforceable in the manner provided for by law.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____day_____ of,20____in _____________, Philippines.

___________________ ________________
(Mortgagor) (Mortgagee)

With my marital consent (if married):

_________________
(Wife of Mortgagor)

SIGNED IN THE PRESENCE OF :

___________________ ________________

ACKNOWLEGMENT

CHATTEL MORTGAGE (1997 Bar Exams)

CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:


This CHATTEL MORTGAGE, made and executed by (full name of
mortgagor), Filipino citizen, of legal age, (or married to mortgagor), with
residence and post-office address at ________, hereinafter called the
MORTGAGOR, in favor of (full name of the mortgagee), Filipino, of legal age,
single(or married ______), with residence and post-office address at ______,
herein after called the MORGAGEE,

WINESSETH:

That the MORTAGAGOR does hereby convey by way of chattel mortgage


unto the MORTGAGEE; the following described personal property, situated and
ordinarily presently in the possession of the said MORGAGOR, to wit:

(specify and describe the article or articles mortgaged)

That this CHATTLE MORTGAGE, is given as security for the payment to


the MORTGAGEE, of a certain promissory note, dated _______ for the sum of
________PESOS (P___) with interest thereon at the rate of ______ per centum
(_____%) per annum to the terms thereof.
(copy of the promissory note)
That the condition of this CHATTEL MORTGAGE is such that if the said
MORTGAGOR, his heirs, executors, or administrators shall well and truly
perform the full obligation above stated according to the terms thereof, this
CHATTEL MORTGAGE shall be null and void, otherwise, it shall remain in full
force and effect and shall be enforceable in the manner provided by law.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____day_____ of,20____in _____________, Philippines.

___________________ ________________
(Mortgagor) (Mortgagee)

SIGNED IN THE PRESENCE OF :

___________________ ________________

ACKNOWLEGMENT

AFFIDAVIT OF GOOD FAITH

DISCHARGE OF REAL ESTATE MORTGAGE

DISCHARGE OF REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:


I, (full name of mortgagee), Filipino, of legal age, single (or married to
____), with residence and post-office address at ______, having received the
full consideration of the sum of ______PESOS (P___), to me in hand paid by
(full name of mortgagor), of legal age, single (or married to _______), with
residence and post-office address at _________, hereby by these presents
forever RELEASE and DISCHARGE that certain mortgage of real estate with all
the improvements thereon, covered by Transfer (or Original) Certificate of
Title No.____ of the Registry of Deeds of ____ which real estate mortgage was
executed on _____, 20___, by the said _____ before the Notary Public _____,
for and in the _______, and bearing Not. Reg. No. _____, Page ____,
Book____, Series of 20____ of his Notarial Register, and duly Registered in the
Registry of Deeds of ____on ____ as pre Primary Entry No. ____, Volume ___
of the Day Book of the said Registry of Deeds.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____day_____ of 20____in _____________, Philippines.

________________
( Mortgagee)
Signed in the presence of:
_________________
_________________

ACKNOWLEGMENT

4. POWER OF ATTORNEY

GENERAL POWER OF ATTORNEY

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, single (or married to __________),


resident of ________do hereby name, constitute and appoint __________ to
be my true and lawful attorney in-fact, for me and in my name, place and
stead to do and perform the following acts and things, to wit:

To ask, demand, sue for, recover or collect any and all sums of money
and other things of value of whatever nature or kind as may mow be or
hereafter become due, owing, payable or belonging to me, and to have, sue,
and to take any all lawful ways and means for the recovery thereof by suit.

To make, sign, execute, and deliver contracts, documents, agreements,


and other writings of whatever nature.

HEREBY GIVING AND GRANTING unto my said Attorney in-fact full power
and authority whatsoever requisite or necessary or proper to be done in and
about the premises as fully to all intents and purposes as I might or could
lawfully do if personally present, with power of substitution and revocation,
and hereby ratifying and confirming that all that my said attorney or his
substitute shall lawfully do or cause to be done under and by virtue of these
presents.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____day_____ of 20____in _____________, Philippines.

________________
( Principal)

SIGNED IN THE PRESENCE OF :

___________________ ________________

ACKNOWLEGMENT

SPECIAL POWER OF ATTORNEY (1976, 1986, 1992 Bar Exams)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, single (or married to __________),


resident of ________do hereby name, constitute and appoint __________, of
legal age, single (or married), resident of __________, to be my true and
lawful attorney in-fact, for me and in my name, place and stead within the
period of _____months (or years), to SELL, TRANSFER, and CONVEY, for the
price not less than __________PESOS (P_____), Philippine Currency, to
whatsoever may purchase or buy my Honda CRV car with plate No. ______,
Motor No. ______, and Chassis No. ______, of which I am the absolute owner,
free from all liens and encumbrances; and

HEREBY GIVING AND GRANTING unto my said Attorney in-fact full power
and authority whatsoever requisite or necessary or proper to be done in and
about the premises as fully to all intents and purposes as I might or could
lawfully do if personally present, with power of substitution and revocation,
and hereby ratifying and confirming that all that my said attorney or his
substitute shall lawfully do or cause to be done under and by virtue of these
presents.

IN WITNESS WHEREOF, the parties hereto have hereunto set their


hands this _____day_____ of 20____in _____________, Philippines.

________________
( Principal)
Signed in the presence of:
_________________
_________________
ACKNOWLEGMENT
5. OTHER CONTRACTS

EASEMENT OF RIGHT OF WAY


EASEMENT OF RIGHT OF WAY

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this


_____ day of _________, 2001by and between “A” owner of the dominant
estate, of legal age, single (or married to ________) and a resident of _______
and “B”, owner of the servient estate, also of legal age, single (or married to
_____), and a resident of __________,

WINESSETH:

That “A” is the owner of a parcel of agricultural land located in the


municipality of _______, province of _________, and more particularly
described as follows to wit:

(Description of “A’s” property)

which property is covered by T.C.T. No. ________ of the Register of Deeds


of __________ province of ___________, which lot is adjacent to “B’s”
property, and more particularly described as follows, to wit:

(Description of “B’s” property)

which property is covered by T.C.T. No. ________ of the Register of


Deeds of __________ province of ___________.

That “A” needs to have an access to and from _____, which is the
nearest public road and least burdensome to the servient estate and to third
persons;

That it would be necessary for “A” to pass through “B’s” property, and
for this purpose, a path or passageway of not less than two (2) meters wide
though the whole length of the western side of “B’s” property is necessary for
the use of “A” and for all his needs in cultivating his estate;

That “A” needs to have an access to and from ________, which is the
nearest public road and least burdensome to the servient estate and to third
persons;

That it would be necessary for “A” to pass through “B’s” property, and for
this purpose, a path or passageway of not less than two (2) meters wide
through the whole length of the western side of “B’s” property is necessary for
the use of “A” and for all his needs in cultivating his estate;

That said path or passageway is particularly described in the attached plan,


“Annex A”;

WHEREFORE, for and consideration of the sum of ______________PESOS


(P_______) the receipt whereof is hereby acknowledge by “B”, the latter
hereby agrees and permits “A” to have a permanent easement of right of way
over the above-mentioned property of said “B” limited not more than two (2)
meters wide thought the whole length of the western said of said property and
as specifically indicated in the attached plan which is made an integral part of
this contract, as “Annex A”

It is further agreed that “B” shall deliver unto “A” all the necessary
papers, deed, and titles in relation to the servient estate in order to facilitate
the registration of the above-mentioned right of way, in accordance with law.

This agreement shall be binding between the parties and upon all their
heirs, successors and assigns.

IN WITNESS WHEREOF, the parties hereto have signed this agreement the
day and the year first above written, in the municipality of ___________,
province of __________, Philippines.

___________________ ________________
(Signature of the owner (Signature of the owner of
of the dominant estate) servient estate)

SIGNED IN THE PRESENCE OF :

___________________ ________________

ACKNOWLEGMENT

TRANSFER OF RIGHTS

DEED OF TRANSFER OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, on ____, 20___, _________ (name of transfer/original debtor)


Filipino, single/married, of legal age, with residence at _________, purchased
on installment plan, a certain real property from _______ (name of creditor or
seller), more particularly described as follows, to wit:

(Description)

WHEREAS, the condition of said purchase are stated in a certain deed of


sale, a true copy of which is hereto attached and made an integral part
hereof, as Annex “A”
WHEREAS, as the time of this transfer, the total amount (including interest)
already paid by _____ (original debtor) to ______ (creditor/seller) is
_____PESOS (P____) leaving unpaid balance of PESOS (P___);

WHEREAS, ______ (new debtor/transferee) agrees to substitute the person


of __________(original debtor) in all of the latter’s rights and obligations in
said Annex “A”;
WHEREFORE, for and in consideration of the sum of _____PESOS (P____),
and with the consent of _____ (creditor/seller), the said ______ (new
debtor/transferee) hereby agrees to substitute the person of _____ (original
debtor) in said Annex “A” and hereby agrees to assume all the obligations, as
well as all of the latter’s rights over the real property above-described,
thereby canceling, revoking and rendering of no effect the said deed of sale,
Annex “A” in so far as the original debtor/transferor ________ is concerned.

IN WITNESS WHEREOF, the parties hereto have signed this deed of transfer
this ____ day of _____, 20___ in the city/municipality of _____, province of
__________, Philippines.

___________________ ____________________
(Original debtor/transferor) (New debtor/transferee)

With my/our consent


_________________
(Creditor/seller)

Signed in the presence of:


_________________
_________________
ACKNOWLEGMENT

ASSIGNMENT OF CREDIT

DEED OF ASSIGNMENT

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ASSIGNMENT, made and executed by and between (full


name of debtor-assignor), Filipino, of legal age, single (or married to
_____), with residence and post-office address at_____, hereinafter called
the ASSIGNOR, and (full name of creditor-assignee), Filipino, of legal age,
single (or married to ____), with residence and post-office address at
_____, herein after called the ASSIGNEE.

WITNESSETH, That

WHEREAS, the ASSIGNOR is indebted to the ASSIGNEE in the sum of ______


PESOS (P___), Philippine Currency,
WHEREAS, parties have agreed that in order to fully settle the said
indebtedness, the ASSIGNOR shall assign to the ASSIGNEE the property
hereunder described.

NOW THEREFORE for and in consideration of the foregoing, and in full


payment and complete satisfaction of said obligation, the ASSIGNOR does
hereby ASSIGN, TRANSFER and CONVEY unto the ASSIGNEE that certain real
estate with all the buildings and improvements thereon situated in ______, in
and more particularly described as follows:

(Description of property)

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 _______.

The ASSIGNEE does hereby accept this assignment in full payment of the
above-mentioned debt of _____ PESOS (P____).

IN WITNESS WHEREOF, the parties have hereunto set their hands this
____ day of _____, 20___ in __________, Philippines.

___________________ ____________________
(Assignor) (Assignee)

Signed in the presence of:


_________________
_________________
ACKNOWLEGMENT

(NOTE: This can also serve as the model for a DACION EN PAGO)

ANTICHERESIS

CONTRACT OF ANTICHERESIS

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF ANTICHERESIS made and entered into this ____day of


____, 20___, by and between _______, of legal age, single (or married to
_____), residing at ___________,hereinafter called the DEBTOR, and
______of legal age, single (married to ________) residing at _________,
hereinafter called the CREDITOR,

WITNESSETH:

WHEREAS, the DEBTOR is indebted to the CREDITOR in the principal sum of


______PESOS (P____) due and payable since _____, 20_____, with interest at
the rate of __% from ____, the date of the loan;

WHEREAS, the accrued interest alone and now due and payable on the
principal amounts to ______PESOS (P____), as of _____, 20____;

WHEREAS, the total amount owning by the DEBTOR to the CREDITOR,


including the interest is _____ PESOS (P____) as of this date;

NOW THEREFORE, for and in consideration of the foregoing premises, the


DEBTOR, in order to be able to pay the CREDITOR, hereby agrees to permit and
allow the latter to take possession of a certain parcel of Riceland belonging to
the CREDITOR located in _______, and more particularly described as follows
to wit:

(Description of Property)

which land is covered by T.C.T. No. _____ of the Registry of Deeds of the
province of _____;

The CREDITOR by virtue hereof shall have the right to cultivate, and the
fruits of the above-described land, with the obligation of applying the net
proceeds thereof to the extinguishment of the above-mentioned loan;

The net market value of the fruits obtained or harvested at the time of the
application thereof to the interest and principal shall be the measure of such
application of payments;

The parties hereby agree that the DEBTOR shall not reacquire the
possession and enjoyment of the above-described property without first having
totally paid what he owes the CREDITOR: Provided, however, that in no case
shall the right of possession and enjoyment on the part of the CREDITOR
continue for more than ____ years after which the right of possession and the
enjoyment shall revert automatically to the DEBTOR, without prejudice on the
part of the CREDITOR to avail himself of the other remedies provided for by
existing law.

It is also agreed that while this contract is in effect, all taxes and other
charges upon the estate in question shall be for the account of the DEBTOR.

IN WITNESS WHEREOF, the parties have hereunto set their hands this
contract the day and year first above written , in the municipality of _____,
province of ________,Philippines.

___________________ ____________________
(Creditor) (Debtor)

Signed in the presence of:


_________________
_________________
ACKNOWLEGMENT

C. BASIC FORMS

DONATION INTER VIVOS

DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:


This Deed of Donation made and executed in the __________, Philippines,
by _____________, of legal age, single/married to ______, Filipino citizen and
with residence and postal address at _____, hereinafter called the DONOR.

-in favor of –

___________, of legal age, single/married to ___________, Filipino citizen


and with residence and postal address at _____________, hereinafter called
the DONEE.

WITNESSETH: That

WHEREAS, the Donor is the absolute owner of that certain real property
situated at ______ and more particularly described as follows:

(description of the property)

NOW THEREFORE, for and in consideration of the love and affection of the
Donor for the Donee (and for the faithful services the latter has rendered in the
past to the former), the said Donor by these presents hereby cedes, transfers,
and conveys, by way of donation, unto said Donee the real property above
described, together with all the buildings and improvements existing thereon,
free and clear of all liens and encumbrances.

That the donor hereby states that, for the purpose of giving effect to the
donation, he has reserved for himself in full ownership sufficient property to
support him in a manner appropriate to his needs.

ACCEPTANCE

That the Donee does hereby accept the foregoing donation of the above-
mentioned described property for which he/she expresses his/her sincerest
appreciation and guarantee for the kindness and liberty shown by the Donor.

IN WITNESS WHEREOF, the parties hereto have set their hands at the
place first above written, on this _____ day of ____, 20__.

____________________
(Donor)
Accepted:

__________________
(Donee)

Signed in the presence of:


_________________
_________________
ACKNOWLEGMENT

DONATION MORTIS CAUSA


DEED OF DONATION

This DEED OF DONATION made and executed by_____________, of legal


age, single, Filipino citizen and with residence and postal address at _____,
hereinafter called the DONOR, in favor of _____________, of legal age, single
Filipino citizen and with residence at ______, hereinafter called the DONEE,

WITNESSETH:

That the DONOR is the owner in fee simple of that certain real property
situated at ________, and more particularly described in TCT NO. ___ of the
Land Registry of ________ as follow, to wit:

(description of property)

That for and in consideration of the love and affection which the DONOR has
for the DONEE, the said DONOR by these presents does hereby cede, transfer
and convey, unto the DONEE, his heirs and assigns, the real property above
described with all the buildings and improvements thereon, to become
effective upon the death of the DONOR, but in the event that the DONEE
should die before the DONOR, the present donation shall be deemed rescinded
and of no further force and effect.

That the DONEE does herby accept this donation of the above-described
real property, and does hereby expresses her gratitude for the kindness and
liberality of the DONOR.

That the DONOR hereby retains the right to control and dispose at will the
above-described property before his death, without need of the consent
intervention of the DONEE.

IN WITNESS WHEREOF, the DONOR and the DONEE have hereunto signed
this deed of donation this day of ____, 20__, in the City of Philippines.

__________________ ____________________
Donor Donee

ATTESTATION CLAUSE

We the undersigned attesting witnesses, whose residences are stated


opposite our respective names, do hereby certify: That the donor, _____, has
made known unto us the foregoing donation mortis causa consisting of ____
pages numbered correlatively in the letters of the upper part of this page, as
her donation mortis causa and has signed the same and every page thereof, on
the left margin, in our joint presence and we, in turn, at his request have
witnessed the same and every page thereof, on the left margin, in the
presence of the donor and in the presence of each and all of us.

Names Addresses
__________________ ____________________
__________________ ____________________
__________________ ____________________

ACKNOWLEGMENT

(NOTE: A deed of donation mortis causa should be in the form of a WILL.


The acknowledgment should also follow the form for wills.)

HOLOGRAPHIC WILL

15 May 2000

I, __________ of __________________ being of sound mind and disposing


mind, do hereby declare this to be my last will and testament which I have
written in my own handwriting in English, a language known to me, and I
hereby declare that all my properties shall upon my death be distributed to
my wife _____________ and to my only child ___________ share and share
alike.

Juan dela Cruz


NOTARIAL WILL

LAST WILL AND TESTAMENT


____________________
Name of Testator

KNOW ALL MEN BY THESE PRESENTS:

I, _______________, of legal age, single (or married to__________), a naïve


of ______, now actually residing at ___________, being of sound and disposing
mind and memory, and not acting under influence, violence, fraud, or
intimidation of whatever kind, do by these presents declare this to be my Last
Will and Testament which I have caused to be written in English, the language
which is known to me. And I hereby declare that:

I. The following are my children (Names) with their addresses


I give and bequeath to my children __________, _________, and _________,
in equal shares, the following properties, real and personal, whatsoever and
wheresoever located.
(Description)
II. I designate ___________ the sole executor of this my Last Will and
Testament.

IN WITNESS WHEREOF, I have hereunto signed this deed of donation this


day of ____, 20__, in ________, Philippines.

____________________
(Donor)
ATTESTATION CLAUSE
We the undersigned attesting witnesses, whose residences are stated
opposite our respective names, do hereby certify: That the testator; _____,
has published unto us the foregoing will consisting of ____ pages numbered
correlatively in the letters on the upper part of this page, as his/her Last Will
and Testament and has signed the same and every page thereof, on the
margin, in our joint presence and we, in turn, at his/her request have
witnessed the same and every page thereof, n the left margin, in the presence
of the donor and in the presence of each and all of us.

(Signature of at least three witness)

Names Addresses
__________________ _______________
(witness) (residence)

JOINT ACKNOWLEDGEMENT

BEFORE ME, Notary Public for and in the City/Municipality of ___________,


Philippines this _____day of __________2001, personally appeared.

The testator, with C.T.C. No. _________ issued at ___________on


___________, 2001,

Witness, with C.T.C. No. __________issued at ________on ________, 2001;

Witness, with C.T.C. No. __________issued at ________on ________, 2001;

Witness, with C.T.C. No. __________issued at ________on ________, 2001;

all known to me to be the same persons who signed the foregoing Will, the
first as testator and the last three as instrumental witnesses, and they
respectively acknowledge to me that they signed the same as their own free
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 sealed with my
notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year and
place above written.

Notary Public
Until December 31, 2002
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City
Doc. No. _____;
Page No. _____;
Book No._____;
Series of 2002.
D. PARTNERSHIP AND CORPORATION

ARTICLES OF GENERAL PARTNERSHIP

ARTICLES OF PARTNERSHIP
Of
____________________

KNOW ALL MEN BY THESE PRESENTS:

These Articles of Partnership, made and executed by and among;

_________, (citizenship), residing at _______;


_________, (citizenship), residing at _______;
_________, (citizenship), residing at _______; all of legal age,

WITNESSETH: That

They have formed a partnership among themselves under the same and
style of _______;

The purpose for which said partnership is formed are:

(here state purposes of the firm)

The principal office of the partnership shall be located at______;

It is hereby stipulated that____ shall be the partner to whom the


management of the firm and the use of its signature shall be entrusted, and he
shall exercise such power necessary to attain the purposes of this partnership,
including the power to draw drafts, bills of exchange and other negotiable
instruments and accept the same for and in the name of the firm; to appoint
and dismiss employees and to fix their tenure and compensation; to deposit
money in banks and with the counter-signature of the Treasurer, withdraw the
same for the purposes of the partnership; etc.__________;

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

The capital of the partnership as contributed by the partners are as follows,


to wit:
_____________............ P ______;
_____________............ P ______;
_____________............ P ______;
thereby making a TOTAL OF …………………P __________;

The profits and losses shall be divided share and share alike among the
partners of the partnership (or in proportion to their respective capital);

The Treasurer shall be _______________;


The managing partner is hereby given a salary of
________PESOS(P_____) per month;

If during the term of the partnership, any of the partners shall die, the
partnership shall continue among the surviving partners, unless one of the
latter expressly requests for dissolution.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____
day of _________, 20___, in Philippines.

________________
_________________
__________________
(Signature of partners)

Signed in the presence of:


_________________
(Witness)
_________________
(Witness)

ACKNOWLEGMENT

ARTICLES OF LIMITED PARTNERSHIP

ARTICLES OF PARTNERSHIP
Of
“___________________, LTD.”

KNOW ALL MEN BY THESE PRESENTS:

These Articles of Partnership, made and executed by and among;

_________,general partner, (citizenship), residing at _______;


_________, limited partner, (citizenship), residing at _______;
_________, limited partner, (citizenship), residing at _______; all of legal
age, witnesseth:

That the above-named partners have formed a limited partnership among


themselves under the name and style of _____Ltd;

That the purposes for which the said partnership is formed are (state the
object or charter of the business);

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

That________, general partner, is hereby designated the manager of the


partnership, with a monthly salary of P _____;
That the profits and losses shall be apportioned among the partners of the
partnership ___________(state in what proportion they shall share in the
profits and in the losses.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____
day of _________, 20___, in Philippines.

________________
_________________
__________________
(Signature of partners)

Signed in the presence of:


_________________
_________________
(Witnesses)

JURAT

ARTICLES OF INCORPORATION OF STOCK CORPORATION

ARTICLES OF INCORPORATION
Of
“____________________”

KNOW ALL MEN BY THESE PRESENTS:

That we all whom are residents of the Philippines, have this ___ day of
_____, 20___, voluntarily associated ourselves together for the purpose of
forming a corporation under the laws of the Philippines;

AND WE DO HEREBY CERTIFY

That the name of said corporation shall be:


“___________________”

That the specific purposes for which such corporation is formed are:_______;

That the place where the principal office of the corporation is to be


established or located is _____________;

That the term fro which the said corporation is to exist is _____ YEARS from
and after the date of incorporation;

That the names, nationalities, and residences of the incorporators are as


follows:

Name Nationality Residence


__________ ___________ __________
__________ ___________ __________
__________ ___________ __________
__________ ___________ __________
__________ ___________ __________

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

Name Residence
__________ ___________
__________ ___________
__________ ___________
__________ ___________
__________ ___________

That the capital stock said corporation in lawful money of the Philippines is
_____PESOS (P_____), and said capital stock is divided into _______________
par value of each share is _____ PESOS (P_____);

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

Name No. of Amount Amount


Shares Capital Stock Paid on
Subscribed Subscribed Subscription
______ ________ ___________ __________
______ ________ ___________ __________
______ ________ ___________ __________
______ ________ ___________ __________
______ ________ ___________ __________

That ______________(_____%) per centum of the entire number of authorized


shares of capital stock has been subscribed and that _________(_____%) per
centum of the subscription has been paid;

That _________has been elected by the subscribers as TREASURER of the


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

_________________
__________________
_________________
__________________
_________________

(Signature of incorporators)
Signed in the presence of:
_________________
_________________

ACKNOWLEGMENT

TREASURER’S AFFIDAVIT

REPUBLIC OF THE PHILIPPINES…..)


CITY OF MANILA …………………………)SS

__________, being first duly sworn, deposes and says:


That on the day of ______, 20____, he was duly selected by the
subscribers named in the forgoing articles of incorporation to act as Treasurer
until his successor is duly elected and qualified in accordance with the by-laws
of the corporation all subscriptions of the capital stock paid in the subscribers;

That _________ PESOS (P________) worth of stock of the PAR VALUE of


___________PESOS (P____) each share has been actually subscribed, and that
of said subscription ________________(P__________) has been actually paid
and transferred to him in trust and received by him for the benefit and to the
credit of the corporation;

That pursuant to law, he certifies that _____ (___%) per centum of the
entire number of authorized shares of capital stock has been subscribed and
____(___%) per centum of the total subscription has been actually paid to him
in cash for the benefit and to the credit of the corporation.

____________________
(Treasurer)

JURAT

ARTICLES OF INCORPORATION OF NON-STOCK CORPORATION

ARTICLES OF INCORPORATION
Of
“____________________”

KNOW ALL MEN BY THESE PRESENTS:

That we, all of age whom are citizens and residents of the Philippines,
have this day voluntarily associated ourselves together for the purpose of
forming a non-stock corporation under the laws of the Republic of the
Philippines;

AND WE HEREBY CERTIFY:

FIRST, - That the name of the corporation shall be:


SECOND – That the purpose for which such corporation is to be formed are as
follows:
1. To promote an integrated four-fold basic program of livelihood, education,
public health, and self-government, emphasizing the rural people since they
constitute 80 percent of the population of the Philippines;

2. To establish pilot plants for experimentation and demonstration of such an


integrated program;

3. To train rural reconstruction personnel at the provincial, municipal, and


barrio levels;

4. To mobilize all possible resources, human and material, national and


international, public and private, to carry out this grassroots program of rural
reconstruction, thus laying a firm foundation for the building of a strong and
democratic nation.

THIRD. – The place where the principal office if the corporation is to be


established or located in the City of Manila, Philippines.

FOURTH. - That the term for which said corporation is to exist shall be FIFTY
(50) years from and after the date of incorporation.

FIFTH. - That the names, nationalities, and residences of the incorporations of


said corporation are as follows:

Name Nationality Residence


1.________ ___________ __________
2.________ ___________ __________
3.________ ___________ __________
4.________ ___________ __________
5.________ ___________ __________

SIXTH. - That the number of trustees of the corporation shall be eleven () and
shall be persons of good character and standing in the community.

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

Name Residence
1.________ ___________
2.________ ___________
3.________ ___________
4.________ ___________
5.________ ___________

EIGHT. – That the amount of money to be devoted to the maintenance of said


corporation is such sum as may from time to time be received from
contribution, donation and/or endowment from the government or the public,
and such property or money as may from time to time be received or acquired
by deed, grant, devise, bequest, or gift.

NINTH. – That _______has been elected by the member as treasurer of the


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

IN WITNESS WHEREOF, we have hereunto set our hands, this ____ day of
_________, 20___, in the City of Manila, Philippines.

__________________
__________________
__________________
__________________
__________________

(Signature of incorporators)

ACKNOWLEGMENT

CERTIFICATION OF BOARD RESOLUTION BY CORPORATE SECRETARY

SECRETARY’ S CERTIFICATE

I,_________, of legal age, married, Filipino, with residence at


___________,after having been sworn to according to law, depose and state;

1. I am corporate secretary of X corporation, a corporation duly


organized and existing under the laws of the Philippines;
2. As such corporate secretary, I have access to all the corporate records
of X corporation;
3. On_________, the board of directors of X corporation, in meeting duly
called for the purpose, passed the follows resolution;

(Copy of the Board of Resolution)

4. The above-quoted resolution is still in force and has not yet been
revoked by the board as of this date.

IN WITNESS WHEREOF, I have hereunto affix my signature and seal of the


corporation, this ____, day of _________, 20___.

__________________
(Signature of the Secretary)

JURAT

RESOLUTION APPONITING AN ATTORNEY TO REPRESENT THE CORPORATION


IN PRE-TRIAL COFERENCE AND TRIAL PROPER
BOARD RESOLUTION

WE, the undersigned, a majority of the Board of Directors of _____, a


domestic corporation existing under the laws of the Philippines with address at
________, hereby certify that at a meeting (special or regular) of the Board of
Directors held on _________, have resolved, as we hereby resolve, to pass and
adopt the following Resolution:

RESOLVED AS IT HEREBY RESOLVED, to appoint, name, constitute ATTY.


__________, as its attorney-in-fact in connection with the pre-trial and
subsequent hearings of the case entitled “___________ v. __________”
docketed as Civil case No. 1254 in Branch _____ of the Regional Trial Court of
Manila with the power to make admissions and/or make and submit as well to
accept and approve compromise proposals upon such terms and conditions and
under such covenants as he may deem fit.

Dated this _____ day of _______, 20 ____, at ______________,


Philippines.

Sgd.____________________
(Signature of at least majority of the
directors)

Countersigned by:
_________________

RESOLUTION CALLING IN UNPAID STOCK

BOARD RESOLUTION

WE, the undersigned, a majority of the Board of Directors of _____, a


domestic corporation existing under the laws of the Philippines with address
at ________, hereby certify that at a meeting (special or regular) of the Board
of Directors held on _________, have resolved, as we hereby resolve, to pass
and adopt the following Resolution:

RESOLVED by the Board of Directors of ______ that all unpaid subscriptions


to the capital stock of the corporation are hereby declared due and payable on
___________ said payment to be made to the Treasurer of the corporation at
the principal office of the corporation at _____________.

All stock upon which the subscription with interest accrued, has not been
paid on _________ will be delinquent and advertised for sale at public auction,
and unless payment of the subscription, with interest and costs accrued, is
made before sale of stock, same will be sold on _______________ (date of sale
must be so fixed that previous publication of the notice of delinquency and sale
must have been made in ten successive issues of daily newspaper of general
circulation in the place where the principal office of the corporation is
located)____________ to pay the amount of the unpaid subscription and
accrued interest, together with the costs of advertising and expenses of sale.

Dated this _____ day of _______, 20 ____, at ______________, Philippines.

Sgd.____________________
(Signature of at least majority of the
directors)

Countersigned by:
_________________

E. NEGOTIABLE INSTRUMENTS

PROMISSORY NOTE (1991, 1994 Bar Exams)

(Date)

P_________ ______________, Philippines

________ months (or days) after date, I promise to pay, for value
received, to ______________________ or order the sum of ___________PESOS,
with interest at ___ percent per annum until fully paid. The makers and
indorses severally waive presentment for payment, protest, and notice of non-
payment of this note.

____________________

BILL OF EXCHANGE

Manila, May _____, 2000

For value received, pay to ______________ or order the sum of


__________________ (P________) PESOS, Philippine Currency, and charge the
same to the account of (name of drawer) .

____________________
(Signature of Drawer)
TO: (Name of Drawee)
Address

CHECK

No. __________

PHILIPPINE NATIONAL BANK


Manila, Philippines

Manila, Philippines_____, 2001


PAY to ________________________ or order/ bearer
PESOS_________________________
____________________
(Signature)
P____________________
(Philippine Currency)

II. LITIGATION FORMS


(NOTE: all pleadings must indicate the IBP No. and PTR No. of the Counsel)

A. BASICS

CAPTIONS

REPUBLIC OF THE PHILIPPINES


SUPREME COURT

REPUBLIC OF THE PHLIPPINES


COURT OF APPEALS
MANILA

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch 1

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TIRAL COURT OF METRO MANILA
Manila, Branch 1

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
Dagupan City, (Branch 1)

REPUBLIC OF THE PHILIPPINES


FIRST JUDICIAL REGION
MUNICIPAL CIRCUIT TIRAL COURT
Sison, Pangasinan
TITLE

JUAN DELA CRUZ,


Plaintiff-Appelant,

- versus - *G.R. No._____________


(Designation of the Pleading)

PEDRO SANTOS,
Defendant-Appelle.
X-------------------------------------X

* to be used if filed with SC;


if filed with CA, use CA-GR No;
if filed with other courts, use Civil Case No. Sp. Proc. No. or Crim. Case No.

VERIFICATION (1994 Bar Exams)

VERIFICATION

JUAN DELA CRUZ, Subscribing under oath, hereby deposes and states that:

I am the plaintiff (defendant or respondent or petitioner) in the instant case.

I have read the foregoing Complaint (Answer or Petition or Opposition) and the
allegations therein are true and correct of my own knowledge and/or based on
authentic records on hand.

I attest to the authenticity of the annexes thereof.

_______________________
(Signature of the Secretary)

JURAT

Copy furnished:
(addressed to the Counsel of the adverse party)

CERTIFICATION OF NON FORUM SHOPPING (Sec. 5, R7, ROC)

CERTIFICATION

I certify that:

‘a. I have not commenced any other action or proceeding involving the same
issued in the Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency.
‘b. 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 I should learn that a similar action or proceeding has been or is pending
before the Supreme Court, the Court of Appeals or different Divisions thereof,
or any or any other tribunal agency or agency, I hereby undertake to notify this
Honorable Court within five (5) days from such notice.

_______________________
JUAN DELA CRUZ

JURAT
Copy furnished:
(addressed to the Counsel of the adverse party)

EXPLANATION

EXPLANATION

This Certifies that personal service was not resorted to for the reason that due
to time, distance and manpower constraints, the same is not practicable.

_______________________
JUAN DELA CRUZ

AFFIDAVIT OF SERVICE BY MAIL

REPUBLIC OF THE PHILIPPINES…..)


CITY OF MANILA …………………………)SS

AFFIDAVIT

I,________________, a messenger of Atty. ______, with office address


at___________, after being duly sworn, depose and says:

That on _______________, 2001 I served a copy of the following


pleading/paper by registered mail in, accordance with Sec. 10 of Rule 13 of the
Rules of Court.

Nature of Pleading
________________
________________
________________

in Case No. ______________, entitled ________________ by depositing a copy


in the post office in a sealed envelope, plainly addressed to (name of the party
of his attorney) at (address) with postage fully paid, as evidenced by Registry
Receipt No. __________ attached and with instructions to the master to return
the mail to sender after ten (10) days if undelivered.
In witness whereof, I have hereunto set my hand this ____ day of ______,
2001, in the municipality of ________, Province of ________, Philippines.

___________________
Signature of Affiant

AFFIDAVIT FOR PRELIMINARY ATTACHMENT


(NOTE: first, state in the Complaint or Petition the facts showing
plaintiff’s right to attach defendant’s properties)

REPUBLIC OF THE PHILIPPINES…..)


CITY OF MANILA …………………………)SS

AFFIDAVIT
X, of legal age and resident of the City if Manila, Philippines, after having
been duly sworn to in accordance with law, hereby deposes and says:

That he is the Plaintiff in the above entitled case;

That there is sufficient cause of action;

That the defendant has removed or disposed of his property, or is about to


do so with intent to defraud his creditor, the herein plaintiff-affiant;

That he is filing a bond in the amount of P______;

That the amount claimed in the action is as much as the sum which the
order is prayed for the above all legal counterclaims.

FURTHER AFFIANT SAYETH NAUGHT.

___________________
Signature of Affiant

JURAT

AFFIDAVIT FOR PRELIMINARY ATTACHMENT


(NOTE: This comes after the main body of the Complaint or Petition for
injunction)

REPUBLIC OF THE PHILIPPINES…..)


CITY OF MANILA …………………………)SS

AFFIDAVIT
X, of legal age and resident of the City of Manila, Philippines, after having
been duly sworn in accordance with law, hereby deposes and says:

That he is the Plaintiff in the above-entitled case and is entitled to the


relief demanded in the complaint in whole or in part and such relief consists in
restraining the commission or continuance of the acts complained of either of a
limited period or perpetually;

That the commission or continuance of the acts complained of during the


litigation will work injury to herein plaintiff and that the defendant is doing,
threatens, or is about to do, or is procuring or suffering to be done the acts
tending to render the judgment ineffectual;

And that is willing and ready to post a bond in an amount which may be
fixed by the Court to the effect that he, the plaintiff will pay the defendant all
the damages which the latter may sustain by reason of the injunction if the
court should finally decide that the plaintiff was not entitled thereto.

FURTHER AFFIANT SAYETH NAUGHT.

___________________
Affiant

JURAT

AFFIDAVIT IN PETITION FOR RECIEVERSHIP


(NOTE: This comes after the main body of the Complaint or Petition for
receivership)

REPUBLIC OF THE PHILIPPINES…..)


CITY OF MANILA …………………………)SS

AFFIDAVIT

A, of legal age, married and a resident of the City of Manila, Philippines


after having duly sworn in accordance with law, hereby deposes and says:

That he is the Plaintiff in the above-entitled case and that he has read the
foregoing complaint and that the facts therein stated are true and correct;

That he is the co-owner of the estate involved herein as pro-indiviso owner


of the same with the defendant;

That the defendant is in actual physical possession of the property in


litigation and as such, he is in control of the produce of the said property
pending litigation;

That the produce or income from said property are in danger of being lost,
removed or materially injured unless a receiver be appointed to guard and
preserve the same, and the defendant is not only hostile to the plaintiff but
also shows his demands to exclude said plaintiff from all the proceeds coming
from the said property;

That the defendant is hopelessly insolvent for he is heavily indebted to


various persons;
That he is willing and ready to file a bond in the amount which this
Honorable Court may fix in favor of the defendant against whom this
receivership is presented to the effect that he, the plaintiff, will pay to the
said defendant all damages which he will sustain by reason of the appointment
of a receiver in case the plaintiff shall have procured such appointment
without sufficient cause, and such bonds which this Honorable Court may
require him to file hereafter, as security for such damages.

FURTHER AFFIANT SAYETH NAUGHT.

___________________
Affiant

JURAT

AFFIDAVIT FOR REPLEVIN


(NOTE: This comes after the main body of the Complaint or Petition for
Replevin)

(CAPTION AND TITLE)

AFFIDAVIT

I, _____________ of legal age, single/married and resident of __________ ,


after being sworn in accordance with law depose and say:

‘1. That I am the plaintiff in action for the delivery of personal property
against the defendant, entitled __________________ in the Regional Trial
Court of ________________;

‘2. That I am the owner of said property, particularly described as follows to


wit:____________;

‘3. That the said personal property is wrongfully detained by the defendant
without any lawful cause whatsoever

‘4. That the said personal property has not been taken for a tax assessment or
fine pursuant to law, or seized under an execution, or an attachment against
the property of the plaintiff;

‘5. That the actual value of the said property is ______________.

___________________
Affiant

JURAT
B. ACTIONS

1. CIVIL ACTIONS
‘a. ORDINARY CIVIL ACTION
‘a.1. Civil Pleadings, Motions and Other Forms

COMPLAINT BASED ON AN ACTIONABLE DOCUMENT


(One cause of Action)

(Caption and Title)

COMPLAINT

COMES NOW the plaintiff by the undersigned counsel, and to this Honorable
Court, respectfully alleges:

‘1. That the plaintiff is of legal age, Filipino citizen and resident of
________________, while the defendant is also of legal age, Filipino citizen
and a resident of _____________where he may be served with summons;

‘2. That on or about January 1, 1983, defendant obtained a loan of P20,000.00


from the plaintiff payable within 90 days from said date at 12% per annum;

‘3. That said loan now overdue is evidenced by a promissory note signed by the
defendant, a copy of which is hereto attached as “annex A” and made part of
this complaint;

‘4. That despite repeated demands, both written and oral, defendant has
failed and refused to apply said loan;

‘5. that due to the unjust and unlawful act of the defendant to comply with
the said demands, the plaintiff was compelled to institute this action engaging
in the process the services of counsel in the amount of P1,000.00

WHEREFORE, it is respectfully prayed that judgment be rendered against


the defendant to pay the plaintiff the sum of P20,000.00 plus interest of 12%
from the date of the instrument until full amount is paid and attorney’s fees in
the amount of P1,000.00 and costs of the suit.

Other equitable reliefs are likewise prayed for.

_________________, 20__, Manila City.


________________________
Attorney for Plaintiff
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City

VERIFICATION AND CERTIFICATION ON NON-FORUM SHOPPING

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM


( 1976, 1983 Bar Exams)
(Caption and Title)

ANSWER

NOW COMES, the defendant in the above-entitled case and to this Honorable
Court most respectfully alleges:

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

‘2. Defendant specifically denies the allegation in paragraph 4 of the


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

‘3. Defendant has no knowledge or information to form a belief as to the truth


of the averment in paragraph 5, 6, 7 and 8 of the complaint;

By way of special and affirmative defenses, defendant avers:

‘1. That the obligation has been paid;

‘2. That the defendant had purchased said land from plaintiff and paid said
promissory notes;

‘3. That the cause of action has prescribed.

By way of counterclaim m, defendant alleges:

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

WHEREFORE, it is respectfully prayed that the complaint be dismissed and


defendant be awarded the amount of P5,000.00

Other equitable reliefs are likewise prayed for.

_______________, 20_____, Manila City.

________________________
Attorney for Plaintiff
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City

(Under oath if document is denied.)


(Copy furnished with Poof of Service and Explanation)

ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH


(1976, 1983 Bar Exams)
(Caption and Title)

ANSWER

THAT Defendant specifically denies under oath the genuineness and due
execution of the instrument a copy of which is attached to Plaintiff’s complaint
as Annex “A”, the truth being that his signature is forged and that he did not in
fact sign the said instrument.
________________________
Attorney for Plaintiff
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City

VERIFICATION

NOTICE PF LIS PENDENCE (Sec. 14, R13, ROC, 1980 Bar Exams)

(Caption and Title)

NOTICE OF LIS PENDENCE

To: Register of Deeds of ______________

Please be notified that on _________________, the plaintiff in the above-


entitled case filed an action, now pending for trial in the Regional Trial
Court___________, for (state nature of action) of certain parcels of land
against the defendant___________, which parcels of land are situated in
_________, and more particularly described as follows, to wit:

(Description of property)

You are therefore requested to record this notice of the pendency of the
above-mentioned action, for all legal purposes.

________ City, Philippines ____________, 20 ___.

________________________
Attorney for Plaintiff
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

MOTION TO LIFT ORDER OF DEFAULT (Sec. 3 R9, ROC; 1985 Bar Exams)

MOTION TO LIFT ORDER OF DEFAULT


COMES NOW, the defendant and to this Honorable Court through
undersigned counsel respectfully alleges:

‘1. That ten days after the summons of the complaint was received by this
defendant, she filed a motion to dismiss.

‘2. That plaintiff had not filed any opposition to said motion and no hearing
was held on said motion to dismiss.

‘3. That while the said motion to dismiss was still pending, this Honorable
Court declared defendant in default.

‘4. That said order declaring defendant in default is premature and without
basis since there is still a pending motion to dismiss.

WHEREFORE, it is respectfully prayed that the order declaring defendant in


default be lifted and that this Honorable Court rule on the aforesaid pending
motion to dismiss.

______, City Philippines_____, 20____.

________________________
(Attorney for__________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

(With Notice of Hearing, Proof of Service and Explanation)

MOTION FOR POSTPONEMENT OF HEARING (1987 Bar Exams)

MOTION FOR POSTPONEMENT OF HEARING

COMES NOW, the defendant through undersigned counsel unto this


Honorable Court respectfully states:

That the above-entitled case is set for hearing on July 7, 1988;

That counsel for defendant is afflicted with influenza and is now under the
medical care of Dr. PTB A copy of the physician’s certificate is hereto
attached.

WHEREFORE, it is respectfully prayed that the hearing set on July 7, 1998 be


reset to another day preferably on the first week of August 1998 or at the
convenience of this Honorable Court.

______, City Philippines_____, 20____.


________________________
(Attorney for__________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

(With Notice of Hearing, Proof of Service and Explanation)

MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL

MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL

COMES NOW, ________, Counsel on record of the defendant and to this


Honorable Court respectfully moves to withdraw as counsel of said defendant
with the express consent of said defendant as shown in this motion;

That in the substitution thereof, Atty. ________ whose services have been
engaged by defendant hereby enters his appearance as counsel for defendant;

That upon approval of the Honorable Court all pleadings, notices, and
papers in connection with the case be addressed to new counsel ______ with
address at ________.

______, City Philippines_____, 20____.

__________________ ___________________
Old Counsel New Counsel

__________________ ___________________
Address Address

With my consent
__________________

(copy furnished adverse counsel)


(Proof of Service and Explanation)

NOTICE OF HEARING IN EX-PARTE AND NON-LITIGIOUS MOTION

NOTICE OF HEARING

The Branch Clerk of Court


Regional Trial Court
National Capital Judicial Region
Branch____, Makati, Metro Manila

GREETINGS:
Considering the urgency and non-litigious nature of the above motion,
please submit the same forthwith upon receipt for the consideration and
approval of the Honorable Court.

________________________
(Counsel for the Defendant)
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

MOTION TO DISMISS (R16, ROC)

MOTION TO DISMISS

NOW COMES Defendant, by his undersigned attorney, and to this Honorable


Court respectfully moves that the complaint be dismissed on the following
grounds:

(here metion one or more grounds provide for in Rule 16, Rules of Court) 1.
Lack of Jurisdiction; 2. Payment; 3. Novation; 4. Prescription; 5. Lack of
capacity.

ARGUMENTS

(here set forth the reasons in support of the grounds mentioned)

PRAYER
WHEREFORE, it is respectfully prayed that the complaint be dismissed.

______, City Philippines_____, 20____.

________________________
(Attorney for Defendant)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

(With Notice of Hearing, Proof of Service and Explanation)

MOTION TO INTERVENE (R19, ROC)

MOTION TO INTERVENE

COMES NOW, ________, by his undersigned, to this Honorable Court


respectfully prays that he be permitted to intervene in this case as a party
plaintiff (or as party defendant) on the ground that he has legal interest in the
matter under litigation, and that he may be adversely affected in these
proceedings as shown in the attached Complaint-in-intervention (or answer-in-
intervention).
WHEREFORE, it is respectfully prayed that ______ be allowed to intervene
as party plaintiff (or defendant) and the attached complaint be admitted and
served on the defendant (or answer be admitted and _________ be allowed to
serve a copy of the same to the Plaintiff).

That in the substitution thereof, Atty. ________ whose services have been
engaged by defendant hereby enters his appearance as counsel for defendant;

That upon approval of the Honorable Court all pleadings, notices, and
papers in connection with the case be addressed to new counsel ______ with
address at ________.

______, City Philippines_____, 20____.

________________________
(Attorney for the Intervenor)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

(With Notice of Hearing, Proof of Service and Explanation)

SUBPOENA (R21, ROC)

(NOTE: A subpoena shall be signed by the clerk, or by the judge if his court
has no clerk, under the seal of the court. It shall state the name of the
court and title of the action or investigation, shall be directed to the
person whose attendance is required and if subpoena duces tecum, it shall
also contain a reasonable description of the things demanded which must
appear to the court prima facie
relevant.)___________________________

(Caption and Title)

SUBPOENA

To: ________________
________________

You are hereby commanded to appear before the Regional Trial Court of
____________________, on the day of __________, 2000, at ______ o’clock and
to bring with you unto the court the following (describe book, deed, writing, or
other documents), it being necessary to use the same as testimony in the cause
there pending, wherein ________________ is the plaintiff and ___________ is
defendant.

________________________
Judge X, RTC of ________
MOTION FOR JUDGMENT ON THE PLEADINGS (R34, ROC; 1989 Bar Exams)

MOTION FOR JUDGMENT ON THE PLEADING

COMES NOW, the plaintiff though the undersigned counsel and to this
Honorable Court respectfully alleged:

1. That in the answer of defendant filed on ________ he admitted having


signed the promissory note and merely interposed the defense that he
was asking for time within to pay the obligation.

2. That said answer does not tender any issue and in fact it can be read
therefrom that defendant admitted his obligation.

WHEREFORE, it is respectfully prayed that this Honorable Court render


judgment on the pleadings.

______, City Philippines_____, 20____.

________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

(With Notice of Hearing, Proof of Service and Explanation)

MOTION FOR NEW TRIAL (R37, ROC)

MOTION FOR NEW TRIAL

NOW COMES Defendant (or plaintiff) by his undersigned attorney to this


Honorable Court and respectfully moves that the decision of this Honorable
Court dated March 1, 1987 and received on March 7, 1988 be set aside and new
trial be granted on the following grounds:

(here give the grounds provided for in Rule 37, Rules of Court, such as
fraud, accident, mistake, or newly discovered evidence or excessive damages
awarded)

ARGUMENTS

(here set forth the reasons in support of the ground/s mentioned)

WHEREFORE, it is respectfully prayed that the decision of this Honorable Court


be set aside and new trial be granted.

______, City Philippines_____, 20____.


________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

(With Notice of Hearing, Proof of Service and Explanation)


(NOTE: AFFIDAVIT OF MERITS is necessary if motion for new trail is based
on fraud, accident, mistake or excusable negligence.)

MOTION FOR EXECUTION OF JUDGMENT (R39, ROC)

MOTION FOR EXECUTION OF JUDGMENT

COMES NOW, the Plaintiff through the undersigned counsel and to this
Honorable Court respectfully alleges:

1. The judgment was rendered by this Honorable Court in favor of the


plaintiff on June 1, 1988;

2. That said judgment was duly received by the defendant on June 5, 1988
as shown in the registry return card;

3. That up to present, the defendant had not filed any motion for
reconsideration or had appealed from said decision, hence the decision
has become final and executory.

WHEREFORE, it is respectfully prayed that an order be issued by this


Honorable Court for a writ of execution of dais judgment.

______, City Philippines_____, 20____.

________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

(With Notice of Hearing, Proof of Service and Explanation)

NOTICE OF APPEAL (1975 Bar Exams)

(Caption and Title)


NOTICE OF APPEAL

COMES NOW, the defendant (or plaintiff as the case maybe) by the
undersigned attorney, and hereby files notice of appeal from the judgment
of this Honorable Court in the above-entitled case, dated __________ a copy
of which was received by him on ___________, and appeals the same to the
Court of Appeals.

______, City Philippines_____, 2000.

________________________
(Attorney for the_________)
_______________________
Address

(Copy furnished; with Proof of Service)

‘a.2. Provsional Remedies

COMPLAINT WITH PRAYER FOR PRELIMINARY ATTACHMENT (R57, ROC)

(Caption and Title)


COMPLAINT

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

1. That both the plaintiff and the defendant are of age and residents of _____;
2. That _____ (sate facts constituting an action for the recovery of money on a
cause of action arising upon contract, etc.)
3. That the defendant is about to remove or dispose of his property, with
intent to defraud his creditors;
4. That plaintiff is willing to put up a bond for the issuance of a preliminary
attachment in an amount to be fixed by the court, not exceeding the sum of
_______PESOS which is the plaintiff’s claim herein.

WHEREFORE, it is respectfully prayed that, pending the hearing of this case,


a writ of preliminary attachment be issued against the property of the
defendant to serve as security for the satisfaction of any judgment that may be
recovered herein; and that after due hearing on the ________ principal cause
of this action, judgment be rendered against the defendant for the sum of
______ PESOS with interest at the stipulated rate of ____% from __________,
plus costs of this suit.

______, City Philippines_____, 20____.

________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING


(NOTE: Attach Affidavit for Preliminary Attachment)

COMPLAINT WITH APPLICATION FOR PRELIMINARY INJUNCTION (R58, ROC)

(Caption and Title)


PETITION

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

1. That both of the plaintiff and the defendant are of age and residents of
________________;

2. (State in logical order the facts of plaintiff’ s complaint showing:


(a) That the plaintiff is entitled to the relief demanded and the whole or
part of such relief consists in restraining the commission or continuance of the
acts accompanied of either, for a limited period or perpetually; or
(b) That the commission or continuance of some act complained of during
the litigation would probably work an injustice to the plaintiff; or
(c) That the defendant is doing, threatening, or is about to do, or is
procuring or suffering to be done, some acts probably in violation of the
plaintiff’s rights respecting the subject of the action and tending to render the
judgment ineffectual.)

3. That the plaintiff hereby applies for a writ of preliminary injunction to


restrain the defendant from the act herein complained of, and for this purpose
hereby offers a bond in such sum as this Honorable Court may fix.

PRAYER

WHEREFORE, it is respectfully prayed that, after due notice and hearing a


preliminary injunction be issued forthwith to restrain defendant from doing the
act herein complained of; namely; to ______: and that after trial, said
injunction be made permanent, with costs, and with such further orders that
are just and equitable in the premises.

______, City Philippines_____, 20____.

________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

(NOTE: Attach Affidavit for Preliminary Injunction)

COMPLAINT WITH APPLICATION FOR RECIEVERSHIP (R59, ROC)


(Caption and Title)
COMPLAINT

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

1. That __________ (here state the capacity and residence of both the plaintiff
and the defendant);
2. That _______( here state the principal cause of action, and such facts
showing any of the following:
(a) If the defendant is a corporation, that it has been dissolved, or is
insolvent, or is in imminent danger of insolvency, or has forfeited its corporate
rights;
(b) If for the foreclosure of a mortgage, that the property is in danger of
being wasted or materially injured, and that its value is insufficient to
discharge the mortgage debt, or that the parties have so stipulated in the
mortgage contract.)
3. That ___________(here state that the applicant for receivership has an
interest in the property or fund which is the subject of the action, and that
such property or fund is in danger of being lost, removed, or materially
injured, unless a receiver be appointed to guard and preserve it);
4. That the appointment of a receiver in this case most convenient and
feasible means of preserving, administering or disposing of the property in
litigation.

WHEREFORE, it is respectfully prayed that:

(a) (State specific relief demanded in the principal action);


(b) Pending hearing of this case, a receiver be appointed upon the petitioner
filing such a bond in such sum as this Honorable court may direct, for the
purpose of preserving, administering and disposing of the property in
litigation , in accordance with law;
(c) Such other orders be entered consistent with law and equity.

______, City Philippines_____, 20____.

________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

(NOTE: Attach Affidavit for Receivership)

COMPLAINT FOR REPLEVIN (R60, ROC; 1979, 1986 Bar Exams)


(Caption and Title)
COMPLAINT

COMES NOW, the plaintiff by the undersigned counsel, and unto this
Honorable Court, respectfully avers:

1. That both the plaintiff and the defendant are of age, and residents of
__________;
2. That said plaintiff is the lawful owner of a personal property namely,
__________, valued at _________ and more particularly described as follows:
(description of property)
st
3. That on or about the 1 day of March 1988, herein defendant borrowed said
property from Plaintiff promising to return the same the next day;
4. That on April 1, 1998, and for 10 days thereafter, the herein Plaintiff
demanded for the return of said property but despite repeated demands, said
Defendant refused and still effuses to return the said property claiming that
the same belongs to him;
5. That the plaintiff, in accordance with the Rules of Court, hereby applies for
an order for the delivery of said _____________, and hereby files the necessary
affidavit and bond hereto attached as Annex A and Annex B, respectively and
made an integral parts of this application and complaint;
6. That herein plaintiff is ready and willing to file a bond, executed to the
defendant in double the value of the property stated above for the return
thereof be adjudged, and for the payment to the Defendant of such sum as he
may recover from the Plaintiff in the action.

WHEREFORE, it is respectfully prayed that:

1. That the property in question be ordered delivered to the plaintiff, or


material delivery be not possible, that defendant be ordered to pay
plaintiff its actual value, namely, the sum of ______;
2. That the defendant be made to pay the costs of this suit, and plaintiff
be granted such other equitable relief consistent with law and equity.

______, City Philippines_____, 20____.

________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

(NOTE: Attach Affidavit for Replevin)

‘b. SPECIALCIVIL ACTION


INTERPLEADER (R62, ROC; 1995 Bar Exams)

(Caption and Title)


COMPLAINT

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

1. That the plaintiff and the defendants are all of age, and residents of
__________;
2. That on or about _________, 20___, the plaintiff found a certain personal
property________, in ___________, without knowing the true owner thereof;
3. That the said property is now in the possession of the plaintiff;
4. That on or about ________________, the defendants presented themselves
to the plaintiff, each claiming to e the true and exclusive owner of the
property in question;
5. That the plaintiff, who claims no interest whatsoever in the subject matter
of this action, cannot determine the conflicting claims of the defendants;
6. That the plaintiff brings this action against the conflicting claimants to
compel them to interplead and litigate their several claims among themselves.

WHEREFORE, it is respectfully prayed of this Honorable Court:

(a) To issue an order summoning the defendants to interplead with one


another so as to determine their respective rights and claims;
To allow plaintiff to recover his expenses of safekeeping, and the costs of this
suit, to be charged as first lien upon the subject matter of this action.

______, City Philippines_____, 20____.

________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

PETITION FOR CERTIORARI (R65, ROC)

(Caption and Title)


COMPLAINT

COMES NOW, the plaintiff by the undersigned attorney, and unto this
Honorable Court, respectfully alleges:

1. (State the capacity and residence of the petitioner, and of the public and
private respondents)
2. (State the facts and circumstances under which the respondent (tribunal,
board, or officer exercising judicial functions) has acted without, or in excess
of this jurisdiction, or with grave abuse of discretion in the exercise of his
judicial functions, including your arguments.)
3. (State that there is no appeal from such decision, nor any plain, speedy and
adequate remedy in the ordinary course of law.)
4. That a certified true copy of the decision (or order) herein sought to be
reviewed is hereto attached as Annex “A” together with copies of all pleadings
and documents relevant and pertinent thereto.

WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued,


ordering the proceedings herein complained of to be forthwith certified upon
for review (with prayer for a preliminary injunction as the case may be, for the
protection of the rights of petitioner pending such proceedings), and after due
hearing, let judgment be rendered annulling or modifying the decision or order
subject of this petition and the proceedings of (the defendant tribunal, board
or officer), with costs against private respondent.

______, City Philippines_____, 20____.

________________________
(Attorney for Petitioner)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

PETITION FOR MANDAMUS (R65, ROC)

(Caption and Title)


COMPLAINT

COMES NOW, the plaintiff by the undersigned attorney, and unto this
Honorable Court, respectfully alleges:

1. That the petitioner is of age, ___________ (state the capacity and residence
of both petitioner and the respondent)
2. That ___________(State the facts and circumstances whereby which the
respondent tribunal, board, or person) 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 enjoyment of a
right or office to which the petitioner is entitled.);
3. That the petitioner has no other plain, speedy, and adequate remedy in the
ordinary course of law, other than this action;
4. That the petitioner by reason of the wrongful act of the respondent has
sustained damages in the sum of ____________________.
WHEREFORE, it is respectfully prayed, that after due notice and hearing, a
Writ of mandamus be issued, commanding the respondent forthwith to (Here
state the act required to be done), with damages and costs.

______, City Philippines_____, 20____.

________________________
(Attorney for Petitioner)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

ACTION FOR QUO WARRATO (R66, ROC)

(Caption and Title)


COMPLAINT

COMES NOW, the plaintiff by the undersigned attorney, and for cause of
action against the defendant; respectfully avers:

1. (State the capacity and residence of both the plaintiff and the defendant).
2. (State fully and clearly the facts and circumstances showing that the
defendants is in unlawful possession of a public office, and that the plaintiff is
entitled to hold the same).
3. (State that the plaintiff has demanded of defendant to vacate the office in
question and to deliver the same to the plaintiff, but the defendant unlawfully
requested the same to plaintiff).

WHEREFORE, it is respectfully prayed:

(a) That a writ of quo warranto be issued ousting and altogether excluding
the defendant from the office of _____________;
(b) That the plaintiff e declared entitled to said office and that he be
placed forthwith in possession thereof;
(c) That the respondent be ordered to pay the costs.

______, City Philippines_____, 20____.

________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING


COMPLAINT FOR FORCLOSURE OF MORTGAGE (R68, ROC)

(Caption and Title)


COMPLAINT

NOW COMES, to this Honorable Court and for cause of action against the
defendant, respectfully alleges:

That on March 6, 1988, defendant executed a promissory note (Annex A


hereof) in favor of the plaintiff in terms and conditions as follows:

(copy)

That to secure the payment of said promissory note, defendant executed on


March 1, 1988 a Deed of Mortgage in favor of plaintiff over a parcel of land
located at Quezon City whose technical description is as follows:

(copy description)

Copy of said Deed of Mortgage is attached hereto, marked Annex “B” and
made as integral part of this complaint;

That said mortgage was registered with the office of the Registrar of Deeds
of Quezon Cit on March 2, 1988;

That payment of said promissory note is long overdue and defendant has
failed to pay the same despite repeated demands;

WHEREFORE, it is respectfully prayed that judgment be issued in favor of


the plaintiff ordering the defendant to pay:

1. The principal sum of P50,000.00 until fully paid;


2. That the aforementioned parcel of land be sold at public auction should
the defendant fail to pay the sums set forth in this complaint and to
apply the proceeds thereof in accordance with the dispositions of law.

______, City Philippines_____, 20____.

________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

COMPLAINT FOR UNLAWFUL DETAINER (R70, ROC; 1982 BAR Exams)

(Caption and Title)


COMPLAINT

COMES NOW, the Plaintiff in the above-entitled case, through counsel, and
to this Honorable Court alleges:

I.
That the plaintiff is of legal age and a resident of the City of Manila, that
defendant is likewise of legal age, residing AT No. 2 Cruz Street, Manila and
may be served with summons at said address;

II.

That the defendant on January 7, 2001, leased from the plaintiff the
premises located at No. 7 Cruz Street, Manila, agreeing to pay monthly rental
of P1,000.00

III.

However, defendant failed to pay the aforesaid monthly rentals on their due
dates, such that as of the date hereof, his arrearages have accumulated up to
__________;

IV.

That on March 7, 2001, demands were made on defendants to pay his rental
in arrears and vacate the premises, but despite said demands, written and oral,
defendant failed and refused to pay the rentals in arrears and vacate the
premises leased by him.

V.

As a result , plaintiff was constrained to institute this case, incurring in the


process obligations for litigation expenses and attorney’s fees on the amount of
______________;

PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered against


the defendant ordering him:

1. To vacate the premises leased by him;


2. To pay the monthly sum of P1,000.00 beginning with the month of
_________, 2001, with interest thereon at the legal rate until fully paid
the defendant vacates said premises;
3. To pay the sum of P_________ as litigation expenses and attorney’s
fees.
Plaintiff further prays for such other reliefs as this Court may deem just and
equitable.

______, City Philippines_____, 20____.


________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

2. CIVIL ACTIONS
‘a. COMPLAINT

ESSENTIAL PARTS OF A COMPLAINT

1. Caption
2. Heading
3. Opening sentence
4. Body alleging facts or omission constituting a crime
5. Contary to law
6. Oath of Complaint with his/her signature
7. Certification of Prosecutor
8. Jurat

DIRECT FILING OF COMPLAINT

1. Caption
2. heading
3. Opening sentence
4. Body alleging facts and omissions
5. Signature
6. Jurat

ACTS OF LASCIVIOUSNESS (ART 336, RPC)

(Caption and Title)


COMPLAINT

The undersigned, ___________ accuses________ of the crime of an ACT OF


LASCIVIOUSNESS, committed as follows, to wit;

That on or about _______________, in the Municipality of ________,


Province of _________, Philippines, within the jurisdiction of this Court, the
said accused, actuated by lust, did then and there willfully, and feloniously
commit an act of lasciviousness upon the undersigned by then and there
embracing and kissing her and touching her breasts and sexual organs, against
her will and by means of force.

___________, this _______ day of ______________, 2001.


_________________
Offended Party

Subscribes and sworn to before me this ____ day of _________, 2001, by


____________, offended party.

_______________________
Municipal Judge of _______

WITNESSES:

_________________
_________________

‘b. INFORMATION

ESSENTIAL PARTS OF AN INFORMATION

1. Caption
2. Heading
3. Opening sentence
4. Body alleging facts or omission constituting a crime
5. Contary to law
6. Oath of Preliminary Investigation
7. Jurat
8. List of Witnesses
9. Bail Recommended

ABDUCTION WITH CONSENT (ART 343, RPC)

(Caption and Title)


INFORMATION

The undersigned, provincial fiscal, upon sworn complaint originally filed by


the offended party, accuses ________, of the crime of Abduction with Consent
committed as follows:

That on or about _______________, in the Municipality of ________,


Province of _________, Philippines, within the jurisdiction of this Court, the
said accused, willfully, unlawfully; and feloniously removed, took and carried
away ___________, a virgin over twelve and under eighteen years of age, from
her dwelling with her consent with lewd designs.

Contrary to law.
_____, ________, 2000.

_________________
Provincial Prosecutor
WITNESSES:

_________________
_________________

CERTIFICATION

A preliminary investigation has previously been conducted in this case under


my direction, having examined the witness in accordance with the provisions of
R.A. No. 5180, as amended by P.D. No. 77, Dec. 6, 1972 and P.D. 911, March
23, 1976 and as implemented by Dept. of Justice Circular No. 74, series of 1967
and Circular No. 23, series of 1975.

___________________
Assistant Prosecutor

JURAT

NOTE; All informations, for offenses filed by the city or provincial prosecutors
must contain a certification under oath by the investigating fiscal that before
filing the case he had previously conducted a preliminary investigation the
wherein the accused was given a chance to appear.

(NOTE: The “OK” or approval by the City or provincial prosecutor is also


required by law before any information may be filed by any assistant fiscal.)

SERIOUS ILLEGAL DETENTION/KIDNAPPING (ART 267, RPC)

(Caption and Title)


INFORMATION

The undersigned, accuses X of the crime of SERIOUS ILLEGAL DETENTION (or


KIDNAPPING), committed as follows:

That about and during the period beginning the ____ day of ________, 2000,
in the municipality of __________, province of _________, Philippines, and
within the jurisdiction\\ provincial fiscal, upon sworn complaint originally filed
by the offended party, accuses ________, of the crime of Abduction with
Consent committed as follows:

That on or about _______________, in the Municipality of ________,


Province of _________, Philippines, within the jurisdiction of this Court, the
said accused, willfully, unlawfully; and feloniously removed, took and carried
away ___________, a virgin over twelve and under eighteen years of age, from
her dwelling with her consent with lewd designs.

Contrary to law.
_____, ________, 2000.
_________________
Provincial Prosecutor
WITNESSES:

_________________
_________________

CERTIFICATION

SIMPLE SEDUCTION (ART 338,RPC; 1985 Bar Exams)

(Caption and Title)


INFORMATION

The undersigned, provincial fiscal, upon sworn complaint originally filed


by the offended party, accuses ________________, of the crime of simple
seduction, committed as follows:

That on or about ______________, 20____mmitted as follows:

That about and during the period beginning the ____ day of ________, 2000,
in the municipality of __________, province of _________, Philippines, and
within the jurisdiction\\ provincial fiscal, upon sworn complaint originally filed
by the offended party, accuses ________, of the crime of Abduction with
Consent committed as follows:

That on or about _______________, in the Municipality of ________,


Province of _________, Philippines, within the jurisdiction of this Court, the
said accused, willfully, unlawfully; and feloniously removed, took and carried
away ___________, a virgin over twelve and under eighteen years of age, from
her dwelling with her consent with lewd designs.

Contrary to law.
_____, ________, 2000.

_________________
Provincial Prosecutor
WITNESSES:

_________________
_________________

CERTIFICATION

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