Legal Forms Basics

7/29/2019 Legal Forms Basics

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SAMPLES OF BASIC LEGAL FORMS

CAPTIONS

Under the Judiciary Reorganization Act of 1980 (Batas Pambansa Blg.129), allcourts except the Supreme Court, the Sandiganbayan and the Court of Tax Appealswere abolished and the following Courts were created: Intermediate Appellate

Court; Regional Trial Court created in 13 Judicial Regions including the NationalCapital Regions and other areas as may be established by law; Municipal TrialCourts in cities and municipalities; and the Municipal Circuit Trial Courts. UnderExecutive Order No. 3 dated 1986, the Intermediate Appellate Court was renamedthe Court of Appeals.

The following are representative samples of Caption filed in said courts:

REPUBLIC OF THE PHILIPPINES

SUPREME COURT

REPUBLIC OF THE PHILIPPINESCOURT OF APPEALS

MANILA

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTManila, Branch 1

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

Bangued, Abra (Branch 1)

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT OF METRO MANILAManila, Branch 1

REPUBLIC OF THE PHILIPPINESMUNICIPAL TRIAL COURTDagupan City, (Branch 1)

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGION

MUNICIPAL TRIAL COURTLingayen, Pangasinan

REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGIONMUNICIPAL CIRCUIT TRIAL COURTSison, Pangasinan

1 | [email protected]


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JUAN DELA CRUZPlaintiff,

Civil Case No.________-versus- For Sum of Money

PEDRO SANTOSDefendant.

X------------------------------------------X

I. ACKNOWLEDGMENT; JURAT

ACKNOWLEDGMENT(Simple form)

REPUBLIC OF THE PHILIPPINES}

PROVINCE OF } SSMUNICIPALITY }

BEFORE ME, this_____ day of _________, 2001 in the Municipality of_________________, Province of _____________, Philippines, personally appeared_______________________ , with Residence Certificate No. _______ issued at ________,on _______________ , and B.I.R. Tax Account No.________ known to me to be thesame person who executed the foregoing instrument, and he acknowledged to methat the same is his free act and deed.

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

Notary Public

My Commission expires Dec. 31, 2001IBP No. ________, 1/2/2001, Pasig CityP.T.R. No. ______, 2/2/2001, Pasig City

Doc. No. _____;Page No. ____;Book No. _____Series of 20___

ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MOREPAGES

REPUBLIC OF THE PHILIPPINES )PROVINCE OF ______________ ) S.S.

MUNICIPALITY OF _____________)

BEFORE ME this _____ day of _______________, 2001 in the Municipality of_________________, Province of ____________, Philippines, personally appeared______________________, with Community Tax Certificate No. _________ issued at________________ on ________________ and T.I.N. No. ________, known to me to be thesame person who executed the foregoing instrument, and he acknowledged to methat the same is his free act and deed.

This instrument, consisting of _____ pages, including the page on which thisacknowledgement is written , he has been signed on the left margin of each and

every page thereof by __________________ and his witness, and sealed with mynotarial seal.



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

NOTARY PUBLIC

My Commission expires Dec. 31, 2001IBP No. ______, 1/2/2001, Pasig CityP.T.R. No. ____, 2/2/2001, Pasig City

Doc. No. _____;Page No. _____;Book No. _____;Series of 20____

JURAT

SUBSCRIBED AND SWORN to me, in the Municipality of ________, this ____th

day of ______, 19 ____ by, _______ with Community Certificate No. _____ issued at_____ on ______, 2001.

NOTARY PUBLIC

My Comission expires Dec. 31, 2001IBP No. ______, 1/2/2001, Pasig CityP.T.R. No.____, 2/2/2001, Pasig City

Doc. No._____;Page No._____;Book No._____;Series of 20____.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

VERIFICATION

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

I am the petitioner in the instant case.

I have read the foregoing Petition and the allegations therein are true andcorrect of my own knowledge and/or based on the records on hand.

I attest to the authenticity of the annexes thereof.

CERTIFICATION

I certify that:

a. I have not commenced any other action or proceeding involving the sameissues in the Supreme Court, the Court of Appeals, or different Divisionsthereof, or any other tribunal or agency.

b. No such action or proceeding is pending in the Supreme Court, the Courtof Appeals, or different Divisions thereof, or any other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is

pending before the Supreme Court, the Court of Appeals, or differentDivisions thereof, or any other tribunal or agency, I hereby undertake tonotify this Honorable Court within five (5) days from such notice.



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_______________________JUAN DELA CRUZ

JURAT

VERIFICATION AND CERTIFICATION

(Certification of Non-Forum Shopping incorporated with Verification for a petitionfor certiorari)

JUAN DELA CRUZ subscribing under oath, hereby deposes and states that: Heis a petitioner (or respondent/plaintiff/defendant) in this case. He has read theforegoing petition, and the allegations contained therein are true and correct of hisown knowledge and/or based on authentic records. He attests to the authenticityof the annexes thereof.

Petitioner has not commenced any other action or proceeding involving the

same issues in the Supreme Court, the Court of Appeals, or different Divisionsthereof, or any other tribunal or agency; No such action or proceeding is pending inthe Supreme Court, the Court of Appeals or different Divisions thereof, or any othertribunal or agency; If petitioner should learn that a similar action or proceeding hasbeen filed or is pending before the Supreme Court, the Court of Appeals, ordifferent Divisions thereof, or any other tribunal or agency, he hereby undertakesto notify this Honorable Court within 5 days therefrom.

_______________JUAN DELA CRUZ

Petitioner

SUBSCRIBED AND SWORN to before me this 27 th day of January 2000 in theCity of Manila, affiant exhibiting to me her Community Tax Certificate No.12345678 issued on January 3, 2000 in the City of Manila.

_________________MARIA A. SANTOS

Notary PublicMy Commission Expires Dec. 31, 2001IBP No. _______, 1/16/2001, Pasig CityPTR No. _______, 1/2/2001, Pasig City

Doc. No. ____Page No. ____Book No. ____Series of 20___

Copy Furnished:

1. Perez & Matias Law Offices49 Dapitan St. , Sampaloc Mla.

(addressed to the Counsel of the adverse party)

EXPLANATION

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

_________________Counsel

II. AFFIDAVITS

AFFIDAVIT OF LOSS



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Republic of the PhilippinesProvince OfMunicipality of

I, ___________________, of legal age, single/married, residing at ____________,after being sworn in accordance with law, depose and say:

That I am the true owner of _______________, described as follows to wit:

(Description of property)

That the said automobile had been duly registered in my name in the LandTransportation Office in ___________ for the year (or years) ____________;

That the certificate of registration and other pertinent papers of ownershipof said automobile were among those burned and destroyed on ____________ whenmy house and all my personal belongings were completely destroyed by fire;

That said papers are now beyond recovery.

IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of________, 20__, in the Municipality of ____________, Province of __________,Philippines.

______________________(Signature of affiant)

JURAT

AFFIDAVIT OF SERVICE BY MAIL

Republic of the PhilippinesCity of Manila

AFFIDAVIT OF SERVICE

I, ___________________, as messenger of Atty. ______________, with officeaddress at ___________________, after being duly sworn, depose and says:

That on ________________,2001 I served a copy of the followingpleading/paper by registered mail in accordance with Sec. 10 of Rule 13 of theRules of Court.

Nature of Pleading/Paper

____________________________________________________________________________________

in Case No. ____________ entitled _________________________ by depositing a copy inthe post office in a sealed envelope, plainly addressed to the party (or his

attorney) at his residence (or office) with postage fully paid, as evidenced byRegistry Receipt No. _______________ attached and with instructions to the postmaster to return the mail to sender after ten (10) days if undelivered.

In witness whereof, I have hereunto set my hand this_____ day of______,2001, in the Municipality of__________, Province of_________, Philippines.

_______________________Signature of Affiant

AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION

REPUBLIC OF THE PHILIPPINES)CITY OF MANILA ) S.S.



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X, of legal age and resident of the City of Manila, Philippines, after havingbeen 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 reliefdemanded in the complaint in whole or in part and such other relief consists inrestraining the commission or continuance of the acts complained of either for alimited period or perpetually;

That the commission or continuance of the acts complained of during thelitigation 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 tendingto render the judgment ineffectual;

And that he is willing and ready to file a bond in the amount which may befixed by the Court to the effect that he, the plaintiff, will pay the defendant all thedamages which the latter may sustain by reason of the injunction if the courtshould finally decide that the plaintiff was not entitled thereto.

FURTHER AFFIANT SAYETH NAUGHT.

_______________________Affiant

JURAT

COMPLAINT WITH PRAYER FOR ATTACHMENT

(NOTE: First, state the facts showing plaintiffs right to attach defendantsproperties)

REPUBLIC OF THE PHILIPPINES)CITY OF MANILA )S.S.

AFFIDAVIT

X, of legal age and a resident of the City of Manila, Philippines, after havingbeen 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 todo 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 theorder is prayed for above all legal counterclaims.


_____________________Affiant

JURAT



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AFFIDAVIT IN PETITION FOR RECEIVERSHIP

REPUBLIC OF THE PHILIPPINES)CITY OF MANILA )S.S.

AFFIDAVIT

A, of legal age, married and a resident of the City of Manila, Philippines, afterhaving duly sworn in accordance with law, hereby deposes and says:

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

That he is the owner of the estate as pro-indiviso owner of the same with thedefendant;

That the defendant is in actual physical possession of the property inlitigation 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 andpreserve the same, and the defendant is not only hostile to the plaintiff but alsoshows his demands to exclude said plaintiff from all the products or proceedscoming from the said property;

That the defendant is hopelessly insolvent for he is heavily indebted tovarious persons;

That he is willing and ready to file a bond in the amount which this HonorableCourt may fix in favor of the defendant against whom this receivership ispresented to the effect that he, the plaintiff will pay to the said defendant alldamages which he will sustain by reason of the appointment of receiver in casethe plaintiff shall have procured such appointment without sufficient cause, andsuch other bonds which this Honorable Court may require him to file hereafter, assecurity for such damages.


______________________(Affiant)

JURAT

SINUMPAANG SALAYSAY

Republika ng Pilipinas )Lalawigan ng Rizal ) s. s.

Bayan ng Cainta )

SINUMPAANG SALAYSAY

AKO, JUAN DELA CRUZ, 30 taong gulang, binata at naninirahan sa Brgy. SanRoque, Cainta Rizal, matapos makapanumpa ng ayon sa batas ay malaya atkusang loob na nagpapahayag ng mga sumusunod:

1. Na ako ang nagmamay-ari na isang Honda Civic na kotse, kulay pula,modelo 1999, na nagtataglay ng makina na may numero bilang 00000.

2. Na noong ika-12 ng Mayo, taong kasalukuyan, nagpunta ako sa SMMegamall sa may EDSA upang bumili ng libro. Iniwan ko ang nasabing



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sasakyan sa parking lot sa harapan SM ngunit nang ako ay bumalik sanaturang parking lot ay wala na roon ang aking sasakyan.

3. Na matapos ang ilang oras na masusing paghahanap, sa tulong ng mgaguwardiya ns SM, ay hindi ko natagpuan ang aking sasakyan. Marahil itoay na-carnap .

4. Na ginawa ko ang Sinumpaang Salaysay na ito upang aking patunayan

ang buong katotohanan ng aking salaysay na nasa itaas at paninidigan koito saan man at kanino pa man.

SA KATUNAYAN ay nilagdaan ko ito ngayong ika-15 ng Mayo, 2000, dito saCainta Rizal.

_______________________JUAN DELA CRUZ

SINUMPAAN AT NILAGDAAN sa harap ko ngayong ika-15 ng Mayo, 2000

dito sa Cainta Rizal.

_______________________MARIA SANTOSNotaryo Publiko

Hanggang Disyembre 31,2001IBP No. _____, 1/2/2001, Pasig CityPTR No. ____ 1/15/2001, Pasig City

Kasulatan Blg. ____Pahina Blg. ____Aklat Blg. ______Serye ng 20____

NEGOTIABLE INSTRUMENTS

PROMISSORY NOTE

(Date)P_____________ ____________________, Philippines

________ months (or days) after date, I promise to pay, for value received, to_____________________ or order the sum of _______________________PESOS, withinterest at ______percent per annum after maturity until paid. The makers andindorsers severally waive presentment for payment, protest, and notice of non-payment of this note.

_____________________Maker

BILLS OF EXCHANGE

Manila, May ______, 2000

For value received, pay to _________________________ or order the sum of___________________(P__________) PESOS, Philippine Currency, and charge the sameto the account of.

(Signature of Drawer)

TO: (Name of Drawee)

Address

CHECK



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__________________________ _____________________________(Witness) (Witness)

ACKNOWLEDGMENT

DEED OF SALE UNDER PACTO DE RETRO

KNOW ALL MEN BY THESE PRESENTS:

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

(full name of vendor), Filipino , of legal age, single (or married to_________________), with residence and post-office address at_______________________, hereinafter called the VENDOR, and

(full name of vendee), Filipino, of legal age, single (or married to_________________), with residence and post-office address at_______________________, hereinafter called the VENDEE.

That the VENDOR is the absolute owner of a certain parcel with all thebuildings and improvements thereon, situated in ____________________, and moreparticularly described as follows, to wit:

(copy description stated in the certificate of title),

his title being evidenced by Transfer (or Original) Certificate of Title (or TCT/OCT)No. ________ issued by the Register of Deeds of ____________________;

That the VENDOR, a retro, in executing this conveyance, hereby reserves theright to REPURCHASE and the VENDEE, in accepting the same, hereby obligateshimself to RESELL, the property herein conveyed within the period of _______ yearsfrom 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 grantedwithin the period stipulated, then this conveyance shall become absolute andirrevocable, without the necessity of drawing up a new deed of absolute sale,subject to the requirements of the law regarding consolidation of ownership of realproperty.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this______ day of _________________, 2001, in ____________________, Philippines.

____________________________ __________________________(Vendor) (Vendee)

With my marital consent (If married):

_____________________________(Vendors wife)

SIGNED IN THE PRESENCE OF:

_____________________________ ____________________________

ACKNOWLEDGMENT

DEED OF SALE OF PERSONAL PROPERTY



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NOTARY PUBLICMy Comission expires Dec. 31, 2001IBP No. ______, 1/2/2001, Pasig CityP.T.R. No.____, 2/2/2001, Pasig City

Doc. No. ______;Page No.______;Book No. ______;Series of 20____ ;

LEASE OF REAL PROPERTY

1. This agreement entered into by and between (state the parties: lessor andlessee)

2. In consideration of the rent and other covenants hereinafter set forth, theLESSOR hereby leases to the LESSEE that the residential house located at____________ belonging to the LESSOR and covered by TCT No. _____.

3. The term of this lease shall be for a period of _________.4. Rent shall be paid at the rate of P______ per month within the first five (5) days

of each month.5. Major and minor repairs shall be for the account of the LESSOR.6. Taxes and assessments shall be for the account of the LESSOR, while expenses

for lights, water and other utilities shall be for the account of the LESSEE.

IN WITNESS WHEREOF..

_____________________ _________________(Lessor) (Lessee)

ACKNOWLEDGMENT

LEASE OF PERSONAL PROPERTY


That A, of legal age, married and residing in the City of Manila, Philippines,hereby agrees to lease his Honda Civic car model 1999 with Plate No._______,Motor No. _________and Chassisl No._______ to B, of legal age, married and residingin the City of Manila, who hereby accepts to lease above described motor vehicle,subject to the following terms and conditions :(State terms and conditions)

IN WITNESS WHEREOF

__________________ __________________(Lessor ) (Lessee)

ACKNOWLEDGMENT

REAL ESTATE MORTGAGE


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



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(copy of the promissory note)

That the condition of this CHATTEL MORTGAGE is such that if the saidMORTGAGOR, his heirs, executors, or administrators shall well and truly performthe full obligation above stated according to the terms thereof, this CHATTELMORTGAGE shall be null and void, otherwise, it shall remain in full force and effectand shall be enforceable in the manner provided by law.

IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his handthis______ day of ________, 20____, in _______________, Philippines.

__________________ _________________(Mortgagor)

(Mortgagee)


__________________________ ____________________________

ACKNOWLEDGMENT

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR and MORTGAGEE, severally swear thatthe foregoing chattel mortgage is made and executed for the purpose of securingthe obligation specified therein, and for no other purpose, and that the same is ajust and valid obligation, and one not entered into for the purposes of fraud.

__________________________ _____________________________(Mortgagor) (Mortgagee)

JURAT

EASEMENT OF RIGHT OF WAY


This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this ______day of ______________, 2001 by and between A owner of the dominant estate, oflegal age, single (or married to ___________________) and a resident of_________________ and B , owner of the servient estate, also of legal age, single(or married to ____________________), and a resident of ________________________witnesseth:

That A is the owner of a parcel of agricultural land located in themunicipality of ________________, province of ________________, and more particularlydescribed as follows, to wit:

(Description of As property)

which property is covered by T.C.T. No. ________ of the Register of Deeds of______________, province of _______________, which lot is adjacent to As property,and more particularly described as follows, to wit:

(Description of Bs property)

which property is covered by T.C.T. No. _____________ of the Register of Deeds ofthe province of _____________________.



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HEREBY GIVING AND GRANTING unto my said Attorney full power andauthority whatsoever requisite or necessary or proper to be done in and about thepremises as fully to all intents and purposes as I might or could lawfully do ifpersonally present, with power of substitution and revocation, and hereby ratifyingand confirming that all that my said attorney or his substitute shall lawfully do orcause to be done under and by virtue of these presents.

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

________________, 2001, in ________________, Philippines.

_______________________(Principal)


_________________________ _______________________

ACKNOWLEDGMENT

SPECIAL POWER OF ATTORNEY


I, _________________________, of legal age, single (or married to_________________), resident of ____________________, do hereby name, constitute andappoint __________________, of legal age, single or married), resident of_______________, to be my true and lawful attorney, for me and in my name, placeand stead within the period of_____ months (or years), to SELL, TRANSFER andCONVEY, for the price not less than ____________________PESOS (P___________),Philippine Currency, to whosoever may purchase or buy my Honda CRV car withplate No._____________, Motor No._________, and Chasis No._________________, ofwhich I am the absolute owner, free from all liens and encumbrances; and

HEREBY GIVING AND GRANTING unto my said attorney full powers andauthority to do and perform all and every act requisite or necessary to carry intoeffect the foregoing authority to sell, as fully to all intents and purposes as I mightor could lawfully do if personally present, with full power of substitution orrevocation , and hereby ratifying and confirming all that my said attorney or hissubstitute shall lawfully do or cause to be done by virtue hereof .

IN WITNESS WHEREOF, I have se my hand this________ day of_____________________, 2001, in_____________________, Philippines.

____________________Principal

Signed in the presence of:

____________________

____________________

ACKNOWLEDGMENT

VI. DONATIONS AND WILLS

DONATION INTER VIVOS/MORTIS CAUSA


This Deed of Donation made and executed in the _____________, Philippines, by____________, of legal age, single/married to ____________ , Filipino citizen and withresidence and postal address at _________________, hereinafter called the DONOR.



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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 respectivelyacknowledge to me that they signed the same as their own free will and deed.

This Will consists of ______ pages, including the page in which thisacknowledgment is written, and has been signed on the left margin of each andevery page thereof by the testator and his witnesses, and sealed with my notarialseal.

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

NOTARY PUBLICMy commission expires Dec. 31, 2001IBP No. ______, 1/2/2001, Pasig CityPTR No. _____, 2/2/2001, Pasig City

Doc. No. ______Page No. ______Book No. ______Series of 2000

III. PLEADINGS

Pleadings are filed in four (4) kinds of cases, namely: Civil Actions;Provisional Remedies; Special Civil Actions; and Special Proceedings

A. MISCELLANEOUS CIVIL PLEADINGS

COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of Action)

(Caption)

COMPLAINT

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

1. That the plaintiff is of legal age, Filipino citizen and resident ofNo.7 Agoo Street, Quezon City and the defendant is also of legal age, Filipinocitizen and a resident of No. 19 Dagupan Street, Tondo, Manila where he may beserved with summons;

2. That on or about January 1, 1983, defendant obtained a loan ofP20,000.00 from the plaintiff payable within 90 days from date of receipt at 12%per annum;

3. That said loan, now overdue, is evidenced by a promissory notesigned by the defendant, a copy of which is hereto attached as annex A andmade 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 tocomply



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with the said demands, the plaintiff was compelled to institute this action engagingthe services of counsel in the amount of P1,000.00

WHEREFORE, it is respectfully prayed that judgment be renderedagainst the defendant to pay the plaintiff the sum of P20,000.00 plus interest of12% from the date of the instrument until full amount is payed and attorneys feesin the amount of P1,000.00 and costs of the suit.

Other equitable reliefs are likewise prayed for.

___________________, 1991, Quezon City.

________________________Attorney for Plaintiff

________________________

Address

P.T.R. No.______ Date & Place of Issue______IBP O.R. No._____ Date & Place of Issue_____

COMPLAINT (SEVERAL CAUSES OF ACTION)

Plaintiff Alleges:First Cause of Action

1. That the plaintiff is a resident of the City of Manila, and that defendant is aresident of 486 Tenesee, Malate, Manila where he may be served withsummons;

2. That on the 11th day of June, 1983, defendant executed and delivered toplaintiff a promissory note, in the following words and figures, to wit:

(insert copy of the promissory note or use as Annex)

3. That defendant has not paid promissory note, nor any part thereof or interestthereon;

As Second Cause of Action:

1. Plaintiff hereby incorporates the allegations of paragraph 1 of the first causeof action;

2. That on the 19th of August 1983, defendant executed and delivered to the

plaintiff his promissory note in the following words and figures, to wit:

(insert copy of promissory note)

2. Same as paragraph 3 of the first cause of action)

WHEREFORE, it is respectfully prayed that judgment be rendered in favor ofPlaintiff and against defendant for the sum of (the total amount of the promissorynotes) with interest at the rate of six percentum per annum on each of theaforesaid notes, until paid; interest at the legal rate on the interest due from the

time of the filing of the complaint and attorneys fees plus costs.

PLAINTIFF, further prays for such other relief as this Honrable Court maydeem just and equitable in the premises.



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Manila, Philippines, October 10, 1987.

JOSE CRUZAttorney for the Plaintiff

311 Regina Building, ManilaP.T.R. No.__ & IBP Receipt No. __

CERTIFICATION OF NON-FORUM SHOPPING

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSESAND COUNTERCLAIM

JUAN DELA CRUZPlaintiff,

CIVIL CASE NO. 12368-versus-

PEDRO SANTOSDefendant,

x------------------------------------------x

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSESAND COUNTERCLAIM

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

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

2. Defendant specifically denies the allegation in paragraph 4 of thecomplaint, the truth being that. ( State here the fact being claimedby the defendant as the true state of facts or the truth being thosestated in the special and affirmative defenses herein set forth)

3. Defendant has no knowledge or information to form a belief as to thetruth of the averment in paragraphs 5,6,7 and 8 of the complaint;

By way of special and affirmative defenses, defendant avers:

1. That the obligation has been paid;

2. That the defendant had purchases said land from plaintiff and paid saidpromissory notes;

3. That the cause of action has prescribed.

By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and malicious act initiated by theplaintiff, defendant was forced to engage counsel in the sum ofP10,000.00.



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WHEREFORE, it is respectfully prayed that the complaint be dismissed anddefendant be awarded the amount of P5,000.00

Other equitable reliefs are likewise prayed for.

Manila, Philippines, May 27, 2000.

ERNESTO FLORES

Attorney for the Defendant

_______________________Address


(Under oath if document is denied.)(Copy furnished with Proof of Service and Explanation)

ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH

THAT Defendant specifically denies under oath the genuiness and dueexecution of the instrument a copy of which is attached to Plaintiffs complaint asAnnex A, the truth being that his signature thereon is forged and that he did notin fact sign the said instrument.

ERNESTO FLORESAttorney for the Defendant

_________________________Address

P.T.R. No. ________ Date & Place of Issue________IBP O.R> No. ______ Date & Pace of Issue________

VERIFICATION

(Or Oath of the Defendant)

______________________Defendant

JURAT

MOTIONS

(NOTE: All motions must be addressed to the other/adverse party; it mustcontain a notice of hearing and proof of service or an explanation why personalservice was not resorted to.

MOTION TO INTERVENE

COMES NOW X, by his under signed counsel, to this Honorable Courtrespectfully prays that he be permitted to intervene in this case as a party plaintiff

(or as a party defendant) on the ground that he has legal interest in the matterunder litigation, and that he may be adversely affected in these proceedings asshown in the attached Complaint-in-Intervention (or answer in intervention).



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WHEREFORE, it is respectfully prayed that X be allowed to intervene as partyplaintiff (or defendant) and the attached complaint be admitted and served on thedefendant (or answer be admitted and X be allowed to serve copy of the same tothe Plaintiff).

Atty. YCounsel for X

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

MOTION TO QUASH

COMES NOW X, accused in the above titled case, through his undersignedattorney and respectfully moves to quash the information filed against him on theground that:

1. Lack of jurisdiction2. Prescription3. Facts alleged do not constitute an offense, etc.

ARGUMENTS

( here set forth the reasons in support of the motion to quash)

WHEREFORE, it is respectfully prayed that the information filed against theaccused be dismissed.

( notice of hearing)

MOTION TO DISMISS

NOW COMES Defendant, by his undersigned attorney, to this HonorableCourt and respectfully moves that the complaint be dismissed on the followinggrounds:

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

ARGUMENTS

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

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


MOTION FOR NEW TRIAL

NOW COMES Defendant (or plaintiff) by his undersigned attorney to thisHonorable Court and respectfully moves that the decision of this Honorable Courtdated March 1, 1987 and received on March 7, 1988 be set aside and new trial begranted on the following grounds:

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

ARGUMENTS

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

WHEREFORE, it is respectfully prayed that the decision of this HonorableCourt be set aside and new trial be granted.



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MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL

COMES NOW, JRC, Counsel on record for the defendant and to this HonorableCourt respectfully moves to withdraw as counsel of said defendant with the

express consent of said defendant as shown in this motion;

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

That upon approval of this Honorable Court, all pleadings, notices, andpapers in connection with this case be addressed to new counsel BFG with addressat No. 7 Sta. Catalina, Sampaloc, Manila.

With my consent:___________________________

BFGNew counsel

________________________Address


(copy furnished: adverse counsel)

(Proof of Service and Explanation)

MOTION FOR POSTPONEMENT OF HEARING

COMES NOW Defendant through undersigned counsel unto this HonorableCourt 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 themedical care of Dr. PTB. A copy of the physicians certificate under is heretoattached.

WHEREFORE, it is respectfully prayed that the hearing set on July 7, 1988 bereset to another day preferably on the first week of August 1988 or at theconvenience of this Honorable Court.

Manila, Philippines, July 2, 1988.

Sgd. ALC

Counsel for defendant

(Notice of Hearing)

(Proof of Service and Explanation)

MOTION FOR JUDGMENT ON THE PLEADINGS

COMES NOW, the Plaintiff through the undersigned counsel and to thisHonorable Court respectfully alleged:



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1. That in the answer of defendant filed on July 1, 1988 be admittedhaving signed the promissory note and merely interposed defense thathe was asking for time within which to pay the obligation.

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

WHEREFORE, it is respectfully prayed that this Honorable Court render

judgement on the pleadings.Manila, Philippines, July 5, 1988.

XYZCounsel for Plaintiff


MOTION FOR EXECUTION OF JUDGMENT

COMES NOW, the Plaintiff through undersigned counsel and to this HonorableCourt respectfully alleged:

1. That judgment was rendered by this Honorable Court in favor of the2. plaintiff on June 1, 1988.3. That said judgment was duly received by the defendant on June 5,

1988 as shown in the registry return card;4. That up to the present, the defendant had not filed any motion for

reconsideration or had appealed from said decision, hence the decisionhas become final and executory.

WHEREFORE, it is respectfully prayed that an order be issued by thisHonorable Court for a writ of execution of said judgment.

Manila, Philippines. July 5, 1988.

XYZCounsel for Plaintiff


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

The Branch Clerk of courtRegionalTrial CourtNational Capital Judicial Region

Branch______, Makati, Metro Manila

GREETINGS:

Considering the urgency and non-litigious nature of the above motion, pleasesubmit the same forthwith upon receipt for the consideration and approval of theHonorable Court.

_______________________(Counsel for the

Defendant)

B. PROVISIONAL REMEDIES



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WHEREFORE, Plaintiff prays for judgment:

1. Ordering the sheriff or other officer of the Court forthwith to take suchproperty into his custody and to dispose of it in accordance with the Rulesof Court;

2. After trial of the issues, adjudging that the Plaintiff has the right to thepossession of said personal property and rendering judgment in thealternative against the Defendant for the delivery thereof to the Plaintiff

of the value thereof in case delivery cannot be made;

3. Ordering the defendant to pay the costs of this suit, and for such otherequitable relief in the premises.

_________________________Counsel

VERIFICATION & CERTIFICATION ON NON-FORUM SHOPPING

JURAT

C. SPECIAL CIVIL ACTIONS

REQUIREMENTS IN PETITION FOR CERTIORARI, PROHIBITION &MANDAMUS

(NOTE: In petitions for certiorari, prohibition, and mandamus, insertallegations that the lower court or tribunal acted in excess of jurisdiction, orwithout jurisdiction, or with grave abuse of discretion amounting to lack of or inexcess of jurisdiction, attaching as annexes to the first original copy of the petitioncertified true copies of the orders complained of, and then these three must alwaysstate that petitioner has no other plain, adequate remedy in the ordinary course oflaw. Mandamus requires the allegation that the remedy sought for is immaterial.All three petitions must be verified in accordance with the new SC Circular and withCertification on Non-Forum Shopping).

COMPLAINT FOR EJECTMENT

XYZPlaintiff,

CIVIL CASE NO. _______________-versus-

ABCDefendant.

x---------------------------x

COMPLAINT

COMES NOW the Plaintiff in the above entitled case, through counsel, and tothis Honorable Court alleges;

I

That the plaintiff is of legal age and a resident of the City of Manila; thatdefendant is likewise of legal age, residing at No. 2 Cruz Street, Manila and may beserved with summons at said address;

II

That defendant on January 7, 2001, leased from the plaintiff the premiseslocated at No. 7 Cruz Street, Manila, agreeing to pay monthly rental of P 1, 000.00



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III

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

IV

That on March 7, 2001, demands was made on defendant to pay his rental inarrears and vacate the premises, but despite said demands, written and oral,defendant failed and refused to pay the rentals in arrears and vacate the premisesleased by him;

V

As a result, plaintiff was constrained to institute this case, incurring in theprocess obligations for litigation expenses and attorneys fess in the amount of_______________

PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered against thedefendant 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 paiduntil the defendant vacates said premises;

3. To pay the sum of P_________ as litigation expenses and attorneysfees.

Plaintiff further prays for such other reliefs as this Court may deem just andequitable.

Manila, Philippines, May 1, 2001.

DEFGAttorney for the Plaintiff

_________________________________Address

P.T.R. No._______ Date & Place of Issue_____IBP O.R. No._____ Date & Place of Issue_____


_______________________Plaintiff

JURAT

COMPLAINT FOR FORECLOSURE OF MORTGAGE

COMPLAINT

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



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That on March 6, 1988, defendant executed a promissory note (Annex Ahereof) in favor of the plaintiff in terms and conditions as follows:

(COPY)That to secure the payment of the said promissory note, defendant executed

on March 1, 1988 a Deed of Mortgage in favor of plaintiff over a parcel of landwhose technical description is as follows:

(COPY DESCRIPTION)

Copy of said Deed of Mortgage is attached hereto, marked annex B andmade as integral part of this complaint;

That said mortgage was registered with the Office of the Registrar of Deedsof Quezon City on March 2, 1988;

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

WHEREFORE, it is respectfully prayed that judgment be issued in favor of theplaintiff, ordering the defendant to pay:

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

2. That the aforementioned parcel of land be sold at a public auctionshould the defendant fail to pay the sums set forth in this complaintand apply the proceeds thereof in accordance with the dispositions oflaw.

DEFGAttorney for the Plaintiff

________________________________________Address

P.T.R. No._______ Date & Place of Issue_____IBP O.R. No._____ Date & Place of Issue_____


_______________________Plaintiff

JURAT

VERIFICATION

D. SPECIAL PROCEEDINGS

PETITION FOR HABEAS CORPUS

NOW COMES X, the petitioner, by his undersigned attorney, to this HonorableCourt and respectfully represents:

That he is the father of Y, who is presently in the custody of Z, maternalgrandmother of Y, who (Z) forcibly abducted him (Y) and up to now actually

restrains him (Y) of his liberty;

That despite demands, Z refuses to turn over the custody of Y to yourpetitioner;



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(Caption and Title)

In the Matter of the IntestateEstate of PETER DOE SPL. PROC. NO.

JOSE DOE,

Petitioner.x-----------------------------------------------------x

PETITION

PETITIONER, through counsel, unto this Honorable Court respectfully alleges:

1. (Averment of names, ages and residences)

2. That on ___________________, PETER DOE died without leaving any will inthe City of ______________________ which was his residence at the time of

his death.

3. That the names, ages, and residences of the surviving heirs of theaforementioned deceased, are the following to wi:

Names Ages Relation Residence

4. That the deceased left the following real and personal properties:

Character Location Probable Value

5. That, as far as petitioner knows, the following are the names of thecreditors of the decedent, to wit:

Names Address Amount of Credit

6. That decedent died a bachelor, leaving no descendants nor ascendantswhether legitimate or otherwise, and petitioner, is the only survivingbrother of said decedent.

PRAYER

WHEREFORE, it is prayed that, after due notice and hearing letters ofadministration of the estate of the deceased PETER DOE be issued to petitioner.

Place, Date and Signature_____________________

Counsel

_____________________Address


_______________________Petitioner

JURAT

E. CRIMINAL PROCEEDINGS

ESSENTIAL PARTS OF AN INFORMATION



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________________________________________________________

INFORMATION

ABDUCTION WITH CONSENT

(Caption and Title)

INFORMATION

The undersigned, provincial fiscal, upon sworn complaint originally filed bythe offended party, accuses ______________ of the crime of Abduction with Consent,committed as follows:

That on or about ______________ in the Municipality of ____________, provinceof _____________, Philippines, within the jurisdiction of this court, the said accusedwillfully, unlawfully, and feloniously removed, took and carried away _________, a

virgin over twelve and under eighteen years of age, from her dwelling withher consent and with lewd designs.

Contrary to law:____, ___________,2000

_______________________(Provincial Prosecutor)

WITNESSES:____________________________________________

CERTIFICATION

NOTE: All informations, for offenses filed by the city or provincial prosecutors mustcontain a certification under oath by the investigating fiscal that before filing thecase he had previously conducted a preliminary investigation wherein the accusedwas given a chance to appear. Such a certification under oath may be statedsubstantially as follows:

A preliminary investigation has previously been conducted in this case undermy direction, having examined the witnesses in accordance with the provisions ofR.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 andCircular No. 23, series of 1975.

______________________Assistant Prosecutor

SUBSCRIBED AND SWORN to before me this _____ day of ____________, 2000in the city/municipality of ___________, Philippines, by _________________, assistant

fiscal of _______________.

_______________________Judge, RTC of ___________

NOTE: The OK or approval by the City or Provincial Prosecutor is alsorequired by law before any information may be filed by any assistant fiscal.

SERIOUS ILLEGAL DETENTION/KIDNAPPING

(Caption and Title)

The undersigned accuses X of the crime of SERIOUS ILLEGAL DETENTION( or KIDNAPPING), committed as follows:



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That about and during the period beginning the _____ day of________________, 2000, in the municipality of ________________, province of_______________, Philippines, and within the jurisdiction of this Honorable Court, saidX, suspecting that one Z had knowledge of the elopement of her sister , did thenand there willfully, unlawfully, feloniously and by force, take said Z, a man 50years of age, while the latter was walking in ________________, whom said accuseddetained and kept locked room in his room from _______________ to _______________,2000, or a period of _______days, under restraint and against the will of the said Z,

and said accused did, during said period of detention, maltreat and refuse torelease said Z until the sister of the accused was found.

Contrary to law.

_______________________Prosecutor

MISCELLANEOUS CRIMINAL PROCEEDINGS

PETITION FOR BAIL

(Caption and Title)

PETITION FOR BAIL

COMES NOW the defendant in the above-titled case by his undersignedattorney and respectfully states:

1. That the defendant is in the custody for the alleged commission of acapital offense;

2. That no bail has been recommended for his temporary release, on theassumption that the evidence of guilt is strong;

3. That the burden of showing that evidence of guilt is strong is on theprosecution, and unless this fact is satisfactorily shown, the defendantmay be bailed at the courts discretion.

WHEREFORE, upon prior notice and hearing, it is respectfully prayed that thedefendant be admitted to bail in such amount as this Honorable Court may fix.

_____, _______________, 2000.

_______________________(Attorney for the Defendant)

_______________________(Address)

(With Notice of Hearing and Proof of Service)

NOTICE OF APPEAL

(Caption and Title)

NOTICE OF APPEAL

COMES NOW the defendant (or plaintiff as the case maybe) by theundersigned attorney, and hereby files notice of appeal from the judgment of thisHonorable Court in the above-entitled case, dated ____________ a copy of which wasreceived by him on _______________, and appeals the same to the Court of Appeals.

_____, _______________, 2000.

_______________________(Attorney for the Petitioner)



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_______________________(Address)

SUBPOENA

(NOTE : A subpoena shall be signed by the clerk, or by the judge if his court hasno clerk, under the seal of the court. It shall state the name of the court and the

title of the action or investigation, shall be directed to the person whoseattendance is required, and if subpoena duces tecum, it shall also contain areasonble description of the things demanded which must appear to the courtprima facie relevant).

SUBPOENA

To: __________________________________________

You are hereby commanded to appear before the Regional Trial Court of_________________, on the _____ day of ________________, 2000, at _________ oclock A.M., then and there to testify in the action of X against Y (here set the number ofthe case).

Witness the Honorable ______________, judge of said court, this ______ day of_________________, 2000

_______________________(Clerk)

SUBPOENA DUCES TECUM

(Caption and Title)

To: __________________________________________

You are hereby required to appear before the Regional Trial Court of________________ on the ______ day of _______________, 2000 at _________ oclock andto bring with you into the court the following (describe book, deed, writing, or otherdocuments), it being necessary to use the same as testimony in the cause therepending, wherein _________________ is the plaintiff and _________________ isdefendant.

______________________Judge X, RTC of _______

ORDER OF ARREST

(Caption)

Case No. ____________REPUBLIC OF THE PHILIPPINES,

Plaintiff,

-versus- } ORDER OF ARREST

___________________________Accused.



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TO ANY OFFICER OF THE LAW:

You are hereby commanded to arrest _________________________ who is said tobe at ________________________________ and who stands __________ charged beforeme of the crime of ___________________, and to bring him before me as soon aspossible to be dealt with as the Rules of Court direct. ___________________,

Philippines, _____ day of _______________, 2000.

_______________________Judge X, RTC ________

SEARCH WARRANT

(Caption)

THE PEOPLE OF THE PHILIPPINESPlaintiff, Criminal Case No. _______

-versus- } For______________________

________________________ (State nature of offense)Defendant,

X ---------------------------------------------- X

SEARCH WARRANT

TO ANY PEACE OFFICER:

Greetings:

It appearing to the satisfaction of the undersigned, after examining underoath (name of applicant) and his witness (name of witness) that there are goodand sufficient reasons to believe that (name of person or persons to be searched)has in his control in premises No. _______ in (name of street), district of_______________.

Subject of the offenseProperty Stolen or embezzled and other proceeds or fruits of the offense

Used or intended to be used as the means of committingan offense

which should be seized and brought to the undersigned.

You are hereby commanded to make immediate search at any time in theday/night of the premises above described and forthwith seize and take possessionof the following personal property, to wit:

(give complete and detailed description of the______________________________________________________________________

property to be seized)

and bring said property to the undersigned to be dealt with as the law directs.

Given under my hand this ______ day of ________________, at _________________,Philippines.

______________________Judge, RTC of __________



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THAT IN ALL THINGS GOD MAY BE GLORIFIED!!!

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