Ethics 2
Ethics 2
NON-LITIGATION FORMS
A. BASIC FORMS
ACKNOWLEDGMENT
Notary Public
Until December 31, 2002
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City
NOTE:
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:
AFFIDAVIT
(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;
__________________
(Signature of Affiant)
JURAT
______________ _______________
(Mortgagor) (Mortgagee)
JURAT
B. CONTRACT OR AGREEMENTS
1. SALE
SALE OF REAL PROPERTY (1979, 1983, 1984, 1989, 1991 Bar Exams)
(Description of Property)
It is hereby mutually agreed that the vendee shall bear all the expenses
for the execution and registration of this deed of sale.
_______________
(Vendor)
__________________
(Vendor’s wife)
___________________ ________________
(Witness) (Witness)
ACKNOWLEDGMENT
DEED OF SALE
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
This Deed of Sale with Pacto de Retro made and executed by and
between:
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:
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;
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____day_____ of,20____in _____________, Philippines.
___________________ ________________
(Vendor) (Vendor)
__________________
(Vendor’s Wife)
___________________ ________________
(Description of land)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____day_____ of,20____in _____________, Philippines.
___________________ ________________
(Vendor-Mortgagee) (Vendor-Mortgagor)
ACKNOWLEGMENT
2. LEASE
LEASE OF REAL PROPERTY (1976, 1987, 1988, 1996, 1998 Bar Exams)
CONTRACT OF LEASE
-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 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:
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____day_____ of,20____in _____________, Philippines.
___________________ ________________
(Lessor) (Lessee)
___________________ ________________
ACKNOWLEGMENT
CONTRACT OF LEASE
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____day_____ of,20____in _____________, Philippines.
___________________ ________________
(Lessor) (Lessee)
ACKNOWLEGMENT
3. MORTGAGE
(Description of property)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____day_____ of,20____in _____________, Philippines.
___________________ ________________
(Mortgagor) (Mortgagee)
_________________
(Wife of Mortgagor)
___________________ ________________
ACKNOWLEGMENT
CHATTEL MORTGAGE
WINESSETH:
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____day_____ of,20____in _____________, Philippines.
___________________ ________________
(Mortgagor) (Mortgagee)
___________________ ________________
ACKNOWLEGMENT
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
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.
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)
___________________ ________________
ACKNOWLEGMENT
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.
________________
( Principal)
Signed in the presence of:
_________________
_________________
ACKNOWLEGMENT
5. OTHER CONTRACTS
WINESSETH:
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;
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)
___________________ ________________
ACKNOWLEGMENT
TRANSFER OF RIGHTS
(Description)
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)
ASSIGNMENT OF CREDIT
DEED OF ASSIGNMENT
WITNESSETH, That
(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)
(NOTE: This can also serve as the model for a DACION EN PAGO)
ANTICHERESIS
CONTRACT OF ANTICHERESIS
WITNESSETH:
WHEREAS, the accrued interest alone and now due and payable on the
principal amounts to ______PESOS (P____), as of _____, 20____;
(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)
C. BASIC FORMS
DEED OF DONATION
-in favor of –
WITNESSETH: That
WHEREAS, the Donor is the absolute owner of that certain real property
situated at ______ and more particularly described as follows:
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)
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
Names Addresses
__________________ ____________________
__________________ ____________________
__________________ ____________________
ACKNOWLEGMENT
HOLOGRAPHIC WILL
15 May 2000
____________________
(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.
Names Addresses
__________________ _______________
(witness) (residence)
JOINT ACKNOWLEDGEMENT
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.
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 PARTNERSHIP
Of
____________________
WITNESSETH: That
They have formed a partnership among themselves under the same and
style of _______;
The term of existence of this partnership shall be ____ years from and after
the execution of these articles;
The profits and losses shall be divided share and share alike among the
partners of the partnership (or in proportion to their respective capital);
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)
ACKNOWLEGMENT
ARTICLES OF PARTNERSHIP
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;
IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____
day of _________, 20___, in Philippines.
________________
_________________
__________________
(Signature of partners)
JURAT
ARTICLES OF INCORPORATION
Of
“____________________”
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;
That the specific purposes for which such corporation is formed are:_______;
That the term fro which the said corporation is to exist is _____ YEARS from
and after the date of incorporation;
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:
_________________
__________________
_________________
__________________
_________________
(Signature of incorporators)
Signed in the presence of:
_________________
_________________
ACKNOWLEGMENT
TREASURER’S AFFIDAVIT
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
“____________________”
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;
FOURTH. - That the term for which said corporation is to exist shall be FIFTY
(50) years from and after the date of incorporation.
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.________ ___________
IN WITNESS WHEREOF, we have hereunto set our hands, this ____ day of
_________, 20___, in the City of Manila, Philippines.
__________________
__________________
__________________
__________________
__________________
(Signature of incorporators)
ACKNOWLEGMENT
SECRETARY’ S CERTIFICATE
4. The above-quoted resolution is still in force and has not yet been
revoked by the board as of this date.
__________________
(Signature of the Secretary)
JURAT
Sgd.____________________
(Signature of at least majority of the
directors)
Countersigned by:
_________________
BOARD RESOLUTION
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.
Sgd.____________________
(Signature of at least majority of the
directors)
Countersigned by:
_________________
E. NEGOTIABLE INSTRUMENTS
(Date)
________ 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
____________________
(Signature of Drawer)
TO: (Name of Drawee)
Address
CHECK
No. __________
A. BASICS
CAPTIONS
PEDRO SANTOS,
Defendant-Appelle.
X-------------------------------------X
VERIFICATION
JUAN DELA CRUZ, Subscribing under oath, hereby deposes and states that:
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.
_______________________
(Signature of the Secretary)
JURAT
Copy furnished:
(addressed to the Counsel of the adverse party)
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
Nature of Pleading
________________
________________
________________
___________________
Signature of Affiant
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 the amount claimed in the action is as much as the sum which the
order is prayed for the above all legal counterclaims.
___________________
Signature of Affiant
JURAT
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:
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.
___________________
Affiant
JURAT
AFFIDAVIT
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 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;
___________________
Affiant
JURAT
AFFIDAVIT
‘1. That I am the plaintiff in action for the delivery of personal property
against the defendant, entitled __________________ in the Regional Trial
Court of ________________;
‘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;
___________________
Affiant
JURAT
B. ACTIONS
1. CIVIL ACTIONS
‘a. ORDINARY CIVIL ACTION
‘a.1. Civil Pleadings, Motions and Other Forms
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;
‘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
ANSWER
NOW COMES, the defendant in the above-entitled case and to this Honorable
Court most respectfully alleges:
‘2. That the defendant had purchased said land from plaintiff and paid said
promissory notes;
‘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.
________________________
Attorney for Plaintiff
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City
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)
(Description of property)
You are therefore requested to record this notice of the pendency of the
above-mentioned action, for all legal purposes.
________________________
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)
‘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.
________________________
(Attorney for__________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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.
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 ________.
__________________ ___________________
Old Counsel New Counsel
__________________ ___________________
Address Address
With my consent
__________________
NOTICE OF HEARING
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
(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
PRAYER
WHEREFORE, it is respectfully prayed that the complaint be dismissed.
________________________
(Attorney for Defendant)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
MOTION TO INTERVENE
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 ________.
________________________
(Attorney for the Intervenor)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
(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.)___________________________
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)
COMES NOW, the plaintiff though the undersigned counsel and to this
Honorable Court respectfully alleged:
2. That said answer does not tender any issue and in fact it can be read
therefrom that defendant admitted his obligation.
________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
(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
COMES NOW, the Plaintiff through the undersigned counsel and to this
Honorable Court respectfully alleges:
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.
________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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.
________________________
(Attorney for the_________)
_______________________
Address
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.
________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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
________________;
PRAYER
________________________
(Attorney for _________)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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.
________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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.
________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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.
________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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.
________________________
(Attorney for Petitioner)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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.
________________________
(Attorney for Petitioner)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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).
(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.
________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
NOW COMES, to this Honorable Court and for cause of action against the
defendant, respectfully alleges:
(copy)
(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;
________________________
(Attorney for Plaintiff)
_______________________
Address
IBP No._______, 1/2/2002, Pasig City
P.T.R. No._____, 2/2/2002, Pasig City.
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.
PRAYER
2. CIVIL ACTIONS
‘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
1. Caption
2. heading
3. Opening sentence
4. Body alleging facts and omissions
5. Signature
6. Jurat
_______________________
Municipal Judge of _______
WITNESSES:
_________________
_________________
‘b. 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
Contrary to law.
_____, ________, 2000.
_________________
Provincial Prosecutor
WITNESSES:
_________________
_________________
CERTIFICATION
___________________
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.
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:
Contrary to law.
_____, ________, 2000.
_________________
Provincial Prosecutor
WITNESSES:
_________________
_________________
CERTIFICATION
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:
Contrary to law.
_____, ________, 2000.
_________________
Provincial Prosecutor
WITNESSES:
_________________
_________________
CERTIFICATION