Legal-Forms-.doc

8/20/2019 Legal-Forms-.doc

1/83

ON WRITING, LEGALLY(2009 Revision)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of LawBar Examination Candidates for 200 in the Professional Enhancement Program!Bar

"eview 200

#ny other use$ without permission of the author$ is prohi%ited and all legal rights arereserved&

1 These forms were first made in 1997 and distributed n 199 for use in the !"#$%& 'ar Os for that ear* itswas former+ tit+ed ,"+eadin-s "etitions /otions and Other $e-a+ and udiia+ orms3. 4t was +ast revised inthis form 2007* the ontents are a+so ub+ished b 5D6sia as ,"hi+iine $e-a+ and udiia+ orms3 and

ori-ht is owned b the 6uthor. 6++ ri-hts are reserved..2 6ssistant "rofessor !niversit of the "hi+iines* ie "resident for $e-a+ 6ffairs !niversit of the"hi+iines* ormer Diretor Offie of $e-a+ 6id* $+.'. !.". (1990)* &ratefu+ a8now+ed-ement is -iven to

6tt. e+i /arie /. &uerrero .D. !.". (200) for inva+uab+e assistane in re#formattin- roofreadin- andudatin- of +e-a+ referenes.


2/83

TABLE OF CONTENTS

'a%le of Contents ii(n )riting$ Legally vI& C(**(+ ,("*-

#& Caption and 'itle .B& Prayer .C& /urat .& 1erication 2E& Certication against ,orum -hopping 2,& Com%ined 1erication and Certication against ,orum -hopping 23& Com%ined 1erication$ Certication against ,orum -hopping$ and

-tatement of *aterial ates 45& "e6uest for and +otice of 5earing 4I& Proof of Personal -ervice 4

/& Proof of service %y registered mail 7with Explanation for failure to

serve personally8 9:& Place$ date$ signature$ address$ "oll num%er$ IBP receipt num%er$P'" num%er 9

L& #c;nowledgement <*& +otice of #ppeal <

II& PLE#I+3- #+ ('5E" LE3#L (CU*E+'- I+ CI1IL P"(CEU"E#& Complaint 7and other initiatory pleadings8

.& Complaint for e=ectment with damages >2& Complaint for sum of money ?4& Complaint for "eplevin @9& Complaint to set period of years for lease

B& #nswer with aArmative defenses and counterclaims.& #nswer with compulsory counterclaim .02& #nswer with counterclaim and cross!claim .2

C& Pre!trial Brief .4& *otions

.& *otion to ismiss 7with "e6uest for and +otice of 5earing8 .<2& *otion for leave of court to le pleading 7with explanation for

service %y registered mail8 .>4& *otion for /udgment on the Pleadings .?9& Ex parte motion to set for trial .@& *otion for extension of time 20?& *otion to declare defendant in default 2.@& *otion to lift order in default 22

E& -pecial Civil #ctions1. Certiorari (with Injunction and/or TRO) !rohi"ition and

#anda$u%

a& Certiorari 24%& Prohi%ition 29c& *andamus 2<

2& uo warranto$ Interpleader$ uieting of 'itle$ and eclaratory"elief

a& Complaint in Interpleader 2>

ii


3/83

%& #ction to uiet 7or "emove Cloud on8 'itle 2?c& #ction for eclaratory "elief 2@d& uo )arranto 2

III& PLE#I+3- #+ ('5E" LE3#L ,("*- I+ C"I*I+#L P"(CEU"E

#& Complaint!#Adavit and Counter!#Adavit.& Complaint!#Adavit 402& Counter!#Adavit 4.

B& Information and Complaint.& Information 7with Certicate of Preliminary Investigation or

In6uest8a& Bigamy 44%& 'heft 49c& #ttempted "ape 4<d& ,rustrated *urder 4>

C& *otions

.& *otion to uash Information 4?2& *otion to uash -earch )arrant 4@4& *otion to -uppress Evidence 49& *otion for Bail 90

& #pplication for Bail 9.

I1& PLE#I+3- #+ ('5E" LE3#L (CU*E+'- C(**(+ '( CI1IL #+C"I*I+#L P"(CEU"E#& (er of Evidence and (ppositionDComment to (er

.& ,ormal (er of Evidence 922& CommentD(pposition to (er 94

B& emurrer to the Evidence.& Criminal cases 992& Civil cases 9<

C& +otice of Lis Pendens 9>& #ppearance as Counsel 9?E& )ithdrawal as Counsel

.& )ithdrawal with conformity of client 9@2& )ithdrawal without conformity of client 9@

,& -u%stitution of Counsel 93& +otice of #ppeal 9

1& PLE#I+3- #+ LE3#L (CU*E+'- (+ (*E-'IC C#-E- #+

-PECI#L P"(CEEI+3-#& Petition for 5a%eas Corpus


4/83

E& +otarial )ill


5/83

ON WRITING, LEGALLY

“Therefore, its name was called Babel,because there the Lord confused thelanguage of all the earth.” – Genesis, 11:9,ESV

4f brevit is the sou+ of wit what now is to beome of +awers (and +aw students) who

wou+d nonha+ant+ write a 100#a-e doument and dare a++ it a , Brief 3:

The traditiona+ notion of +e-a+ writin- is that it is a ometition to ut to-ether as

man four to five#s++ab+e words in a one#ara-rah sentene. The +an-ua-e of the +aw

mstifies and with this omes the ower of the +awer for the more obsure and obtuse; the

+an-ua-e the -reater the need for a +awer.

Histor has -iven us man +an-ua-e handias and obsta+es to +arit and reision.

Throu-hout four or five ears of +aw shoo+ the +aw student who eventua++ beomes a+awer is trained to thin8 in arhai words and hrases / favorite and man of m students wi++ attest to this is the abso+ute+ arhai “Comes Now, the Plaintiff,by the undersigned counsel, unto this onorable Court, res!ectfully states that" as art of ever +eadin-. =hwaste 1B words when F wi++ do thusG “Plaintiff, by counsel, res!ectfully states that"# The +atter +oses none of

the +e-a+ -ravitas but +oses ever bit of the arhai retense that mstifies the +aw and eretuates the notion that

+awers 8now what the are doin- eah and ever time.B 4t was ori-ina++ intended as a bar eAamination -uide and as a teahin- too+ for evidene and roedure +asses.

v


6/83

4t is hoed that the forms resented here with he8+istsF of +e-a+ reCuirements and

short annotations wi++ rovide the imetus for demstifin- +e-a+ writin- and +e-a+ draftin-.

These forms ome from atua+ forms used in the author@s ratie some from worth

oonents and sti++ some from traditiona+ form boo8s with udates to fit the urrent state of

the Ru+es.

=hi+e this handboo8 was rodued rimari+ with bar eAaminees and the +aw intern

or +aw student in mind it is hoed that it mi-ht rove he+fu+ as we++ when %etember ends 7

and +ife as a +awer be-ins in earnest.

Theodore O. Te

$rd Floor, %ue&on all '(outhwing),*ni+ersity of the Phili!!ines, iliman, %ue&on City

F 68now+ed-ment is -iven to Atty. Alex M. Enriquez, ($+.'. !" 1990) for the ori-ina+ tem+ate of the5he8+ists whih have been udated to suit urrent ratie.7 The referene is to the son- b &reen Da an 6merian un8 band entit+ed , -a.e Me *! -hen (e!tember

/nds3 whih has abso+ute+ nothin- to do with the bar or ta8in- the bar (as it refers to a death in the fami+)

eAet the month referred to in the tit+e and the earnin- eAressed to see the month end. 4t has at some oint in

time at+ beome an unoffiia+ anthem of sorts for some bar eAaminees /uh more at erhas than , My-ay3 whih starts with “0nd now the end is near#3

vi


7/83

I. CO##ON FOR#SA. Ca&tio and Tit'

"epu%lic of the Philippines+ational Capital /udicial "egion

"E3I(+#L '"I#L C(U"'

Branch .$ *anila

FFFFFFFFFFFFFFFFFFFF$Plainti$

!versus! Civil Case+o&FFFFFFFFFFFFFFF

,or FFFFFFFFFFFFFFFFFFFFFFF

FFFFFFFFFFFFFFFFFFFFFF$efendant&

x ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! x

B. !raer

P"#GE"

)5E"E,("E it is respectfully prayed$ after notice and hearing$ that the defendant %eordered to pay the plainti the amount of (ne *illion Pesos 7Php&.$000$0008 for actual andcompensatory damages$ ,ifty 'housand Pesos 7Php&


8/83

*. +eri,catio

1E"I,IC#'I(+

"epu%lic of the Philippines 8City of FFFFFFFFFFFFFFF 8 s&s&

C&:& 5ilger$ after having %een duly sworn in accordance with law$ deposes andstates thatH

.& 5e is the plainti in the pleadingDdocument entitled 7pleadingDdocument %eingveried8

2& 5e has caused its preparation4& 5e has read it and the allegations therein are true and correct of his own

;nowledge or %ased on authentic records&

7-gd&8 C&:& 5IL,I3E"

!L-S /urat

NOTE Pleadings re6uired to %e veried.& #ll pleadings under the "ules of -ummary Procedure2& Complaints for

a& ,orci%le entry%& Unlawful detainerc& "eplevin

4& Complaints with application for in=unction or attachment9& #nswer to complaint or counterclaim %ased on actiona%le documents


9/83

0. Co$"ined +eri,cation Certi,cation aain%t Foru$ Sho&&in andState$ent o #ateria' *ate%

1E"I,IC#'I(+ J CE"'I,IC#'I(+ #3#I+-' ,("U* -5(PPI+3

I$ C&:& 5ilger$ of legal age$ do here%y state thatH I am the Chief Executive (Ace of

#lis i!yan Company and in such capacity$ caused this Complaint to %e prepared I havereceived a copy of the [Order/Resolution/Decision] of the Court on 13 April 200! I have readits contents and aArm that they are true and correct to the %est of my own personal;nowledge I here%y certify that there is no other case commenced or pending %efore anycourt involving the same parties and the same issue and that$ should I learn of such a case$I shall notify the court within ve 7


10/83

. !roo o %er4ice " rei%tered $ai' (with E5&'anation or ai'ure to %er4e&er%ona'')

Copy furnished through registered mailH#tty& *itch *ceereCounsel for the efendant

2 'he ,irmLaguna -treet$ ueKon City"egistry "eceipt +o& FFFFFFFF Post (Ace FFFFFFFFFFFFFFFF ate FFFFFFFFFFFFFFFFFFFFF

EPL#+#'I(

'he foregoing 7designation of pleading$ motion$ etc&8 and its attachment were servedon #tty& *itch *ceere %y registered mail instead of personal service as counsel forpetitioner only has one messenger and personal service would have resulted in the motionnot %eing led on time to the detriment of petitioner&

7-gd&8 #''ICU- ,I+C5

"epu%lic of the Philippines 8City of FFFFFFFFFFFFFFF 8 s&s&

#,,I#1I'

I$ 5#"PE" LEE$ a messenger of #tty& #tticus ,inch$ with oAce address at FFFFFFFFFFFFFFFFFF$ after %eing duly sworn$ deposes and statesH

'hat on FFFFFFFFFFFFFFFFFFFFFF$ I served a copy of the following pleadingsDpapers %yregistered mail in accordance with -ection .0$ "ule .4 of the "ules of CourtH

+ature of PleadingDPaper FFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFF

in Case +o& FFFFFFFFFFFFFFFFF entitled FFFFFFFFFFFFFFFFFFFF %y depositing a copy in the postoAce in a sealed envelope$ plainly addressed to 7name of party or hisDher attorney8 at

FFFFFFFFFFFFFFF with postage fully paid$ as evidenced %y "egistry "eceipt +o& FFFFFFFFFFFFFFFFFFFFF attached and with instructions to the post master to return the mail tosender after ten 7.08 days if undelivered&

'( '5E '"U'5 (, '5E ,("E3(I+3$ I have signed this #Adavit on .4 #pril 200?$ inthe City of *anila$ Philippines&

7-gd&8 5#"PE" LEE

#Aant

!L-S /urat

6. !'ace date %inature addre%% Ro'' nu$"er IB! recei&t nu$"er !TRnu$"er #CLE Co$&'iance or E5e$&tion Nu$"er Contact *etai'%

City of *anila$ .4 #pril 200?&

#tty& *itch *ceereCounsel for the efendant2 'he ,irm$ Laguna -treet$

ueKon City$ *etro *anila"#elephone$ %a&$ '(ail)"oll +o&IBP (" +o&$ date and place of issueP'" (" +o&$ date and place of issue*C+' Co(pliance/'&e(ption ,o-

9


11/83

L. Ac7now'ed$en

"epu%lic of the Philippines 8City of *anila 8 s&s&

BE,("E *E$ this .4th day of #pril$ 200? in the City of *anila$ Philippines$ personally

appeared #''ICU- ,I+C5$ with M1alid Identication ocumentN 7rivers License +o& +2

Until FFFFFFFFFFFFFFFFFF P'" +o& FFFFFFFFFFFFFFF Issued at FFFFFFFFFFFFFF (n FFFFFFFFFFFFFFFFFFF

oc& +o&Page +o&Boo; +o&-eries of 200?

NOTE If the instrument consists of 2 or more pages$ include the following after the . st

paragraphH

'his instrument$ consisting of FFF pages$ including the page on which thisac;nowledgment is written$ has %een signed on the left margin of each and every pagethereof %y FFFFFFFFFFF and his witnesses 7if any8$ and sealed with my +otarial sea&

NOTE If the instrument conveys 2 or more parcels of land$ include the following after the .st

paragraphH

'his instrument relates to the sale 7or mortgage8 of FFF parcels of land$ and consistsof FFF pages including the page on which this ac;nowledgment is written$ each and everypage of which$ on the left margin$ having %een signed %y FFFFFFFFFFFFFF and his witnesses 7if any8$ and sealed with my +otarial seal&

#. Notice o A&&ea'

+('ICE (, #PPE#L

efendant$ #BC$ %y counsel$ respectfully appeals to this 5onora%le Court theecision of the lower court dated .4 #pril 200?$ a copy of which he received on 2> #pril200?&

ueKon City$ 2 *ay 200?&

7-gd&8 *I'C5 *CEE"ECounsel for efendant

2 'he ,irmLaguna -treet$ ueKon City


12/83

II. !LEA*IN0S AN* OT2ER LE0AL *OC-#ENTS IN CI+IL !ROCE*-RE

6. Co$&'ain (and other initiator &'eadin%)1. Co$&'aint or eject$ent with da$ae

819 "egional 'rial Court+ational Capital /udicial "egion

*E'"(P(LI'#+ '"I#L C(U"'ueKon City$ Branch 44

#LI- I!G#+ C(*P#+G$Plainti$

Civil Case +o& 2222! versus ! ,orH E=ectment

G(:( +3#$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'

PL#I+'I,,$ %y counsel$ respectfully states thatH

8:9 .& Plainti is a foreign corporation organiKed and existing under the laws of ,rance with %usiness address at ... (cean rive$ 'una Compound$ ueKon City efendantis a ,ilipino$ of legal age$ single and currently resident of ..2 (cean rive$ 'una Compound$ueKon City$ where he may %e served with summons and other pertinent processes&

8;9 2& Plainti owns that property located at ..2 (cean rive$ 'una Compound$ueKon City which it leased to defendant under the terms and conditions stated in theContract of Lease dated . /anuary 200& #copy of the contract is attached as #++E #&

4& Upon expiration of the contract$ plainti informed defendant of its intention not torenew the lease as it would use the property for its %usiness expansion plainti then as;eddefendant to vacate the premises& # copy of plaintis letter to defendant is attached as#++E B&

8


13/83

:. Co$&'aint or %u$ o $on

819 "epu%lic of the Philippines+ational Capital /udicial "egion

"E3I(+#L '"I#L C(U"'Branch .0.$ *a;ati City

E-'# P#("#$Plainti$Civil Case +o& 000@@2

! versus ! ,orH -um of *oney

*#+33# 3#+'-($efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'


8:9 .& Plainti is a ,ilipino$ of legal age$ and resident of >??8 months$ defendant%orrowed certain amounts from plainti& efendant promised to pay these amounts on aninstallment %asis monthly& 'hese amounts now total +ine 5undred 'housand Pesos7P00$000&008&

8


14/83

;. Co$&'aint or Re&'e4


"E3I(+#L '"I#L C(U"'Branch .0.$ *a;ati City

5U"'- "E+'!#!C#"$represented %y #:I+ +#G#+$

Plainti$Civil Case +o& 0000@@

! versus !

G(:( +3#$efendant&

x!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'

Plainti$ %y counsel$ respectfully states thatH

8:9 .& Plainti is the general manager of 5urts "ent!#!Car with oAces at *a;ati Citydefendant is a 'ongan$ temporarily residing at Bayview 5otel$ "oxas Boulevard$ *anila&

8;9 2& 5urts "ent!#!Car is the registered owner of a 5onda C"1 with license platenum%er L1!>?


15/83


16/83

B. An%wer with ar$ati4e deen%e and counterc'ai1. An%wer with co$&u'%or counterc'ai$

819 "egional 'rial Court+ational Capital /udicial "egion*E'"(P(LI'#+ '"I#L C(U"'

Branch 44$ ueKon City

#LI- I!G#+ C(*P#+G$Plainti$

Civil Case +o& 2222! versus ! ,or H E=ectment

G(:( +3#$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

#+-)E"7)ith C(U+'E"CL#I*8

E,E+#+'$ %y counsel$ respectfully states thatH

#dmissionsDenials

8:9 .& 5e admits the contents of paragraph . only insofar as his personalcircumstances %ut specically denies the contents insofar as plaintis personalcircumstances for the reason stated in the #Armative efenses %elow&

2& 5e admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into %ut specically denies that the Contract reects the true intent of the parties as explained in the #Armative efenses %elow&

4& 5e admits the contents of paragraph 4 only as to the fact that demand to vacatewas made %ut specically denies its contents as to the truth of the reasons for the letter forlac; of ;nowledge suAcient to form a reasona%le %elief as to its truth or falseness&&

9& 5e specically denies the contents of paragraphs 9 to > for the reasons stated inthe #Armative efenses %elow&

#Armative efenses

89 )5E"E,("E$ efendant respectfully prays that =udgment %e rendered in hisfavor %y dismissing the Complaint and granting defendants counterclaim %y awardingdefendantH 7a8 (ne *illion Pesos as *oral amages$ and 7%8 ,ifty 'housand as #ttorneys,ees&

(ther =ust and e6uita%le reliefs are prayed for&.0


17/83

8?9 ueKon City .4 #pril 200?&

8@9 7-gd&8 *I'C5 *CEE"ECounsel for efendant

M#ddressN

8 1D9 1E"I,IC#'I(+ J CE"'I,IC#'I(+ #3#I+-' ,("U* -5(PPI+

I$ G(:( +3#$ of legal age$ do here%y state thatH I am the defendant in the case led%y #lis i!yan Company for e=ectment in response$ I have caused the preparation of this#nswer with Counterclaim I have read its contents and aArm that they are true and correctto the %est of my own personal ;nowledge I specifcally deny the genuineness and due execution as well as the binding eect o the actionable documents pleaded by plaintii I here%y certify that there is no other case commenced or pending %efore anycourt involving the same parties and the same issue and that$ should I learn of such a case$I shall notify the court within ve 7


18/83

:. An%wer with counterc'ai$ and cro%%c'ai

See ,orm +o& B!.$ supra$ %ut add!!

8=9 Crossclaim

?& efendant reiterates$ repleads and incorporates %y reference all the foregoinginsofar as they are material and additionally su%mit that he is entitled to indemnity andDorcontri%ution from co!defendant *#+33# 3#+'-( in the event that he is made lia%le toplainti %ecause co!defendant *#+33# 3#+'-( acted as the duly authoriKed agent ofplainti in the sale of the property and$ acting as such$ received consideration$ in the form of the purchase price$ from defendant&

8>9 )5E"E,("E$ efendant respectfully prays that =udgment %e rendered in hisfavor %y

.& dismissing the Complaint$ and2& granting defendants counterclaim %y awarding defendant

a& (ne *illion Pesos 7Php&.$000$0008 as *oral amages$ and%& ,ifty 'housand Pesos 7Php&


19/83

C. !retria' Brie


"E3I(+#L '"I#L C(U"'Branch 0$ ueKon City

L#:I-# L#G#)$Plainti$Civil Case +o& ?!4.4.2

! versus !

L#:I-# 5I"#P$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

P"E!'"I#L B"IE

E,E+#+'$ %y counsel$ respectfully su%mits her Pre!'rial Brief$ as followsH

I& )ILLI+3+E-- '( E+'E" I+'( #+ #*IC#BLE -E''LE*E+'#+ P(--IBLE 'E"*- (, #+G -UC5 -E''LE*E+'

.&.& -u%=ect to a concrete proposal that is fair and reasona%le and a reciprocalmanifestation of openness from plainti$ defendant is open to the possi%ility of amica%lysettling this dispute&

81 :9 .&2& Pursuant to Ru'e 1@ o the 1? Ru'e% o Ci4i' !rocedure$defendant respectfully su%mits that the desired terms of any amica%le settlement wouldinvolve$ rst$ a clarication of the actual extent of any o%ligation due and owing to plainti inasmuch as there is nothing to indicate defendants o%ligations to plainti and$ second$ aschedule of payments&

II& B"IE, -'#'E*E+' (, CL#I*- #+ E,E+-E-

2&.& Plainti see;s principally to recover the amount of 'wenty 'wo *illion Eight5undred Eighteen 'housand +ine 5undred ,orty Eight Pesos and 'hirty Centavos7P5P22$@.@$9@&408 with interest at twelve percent 7.2Q8 arising allegedly from unpaidorders delivered to defendant variously in .@&

2&2& efendant resists plaintis claims %ased on a failure to state a cause of action%ecause of H

2&2&.& Plaintis lac; of personality to sue and$ therefore$ not %eing thereal party in interest under Ru'e ; %ection : o the 1? Ru'e% o Ci4i'

!rocedure

2&2&2& Extinguishment of the alleged claim made %y the entity"egency ,urniture&

2&4& efendant also interposed a compulsory counterclaim for 'wo *illion Pesos7P5P2$000$000&008 for moral damages and 'wo *illion Pesos 7P5P2$000$000&008 forexemplary damages and (ne 5undred 'housand Pesos 7P5P.00$000&008 as attorneys fees&

III& ,#C'- #+ ('5E" *#''E"- #*I''E BG '5E P#"'IE-

8;9 4&.& efendant admits only those facts stated in her #nswer$ i&e&$ her personalcircumstances$ receipt of the demand letter dated /anuary


20/83

9&2& efendant su%mits that the following issues she put forward are su%=ect toproofH

9&2&.& Plaintis %ad faith in ling this suit9&2&2& efendants entitlement to the claims made in her Compulsory

Counterclaim as a result of plaintis %ad faith

1& E1IE+CE

8>9


21/83

*. #otion1. #otion to di%$i%% (with re3ue%t or and notice o hearin

"epu%lic of the Philippines+ational Capital /udicial "egion*E'"(P(LI'#+ '"I#L C(U"'

Branch 4$ ueKon City

L#:I #--E' C(*P#+G$Plainti$

Civil Case +o& 4444! versus ! ,orH -um of *oney

#*I U'#+3 C("P("#'I(+$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( I-*I--

E,E+#+'$ %y counsel$ respectfully moves to dismiss the Complaint on the groundthat the Complaint fails to state a cause of action as 819 '5E (BLI3#'I(+ -(U35' '( BEE+,("CE BG PL#I+'I,, I- +(' GE' UE #+ E*#+#BLE$ as shown %y the followingH

8:9 .& #llegedly$ plainti has failed to reach the 6uotas agreed upon under the*ar;eting #greement dated . /anuary 200> defendant now see;s to collect the sum of ')(5U+"E '5(U-#+ PE-(- 7P200$000&008$ representing the %alance of the proceeds dueplainti under the said *ar;eting #greement&

2& 'he contract is for one 7.8 year and defendant is given that same period to reachthe 6uota specied therein the period of one 7.8 year has not expired& Conse6uently$plaintis claim is premature as there is yet no %reach of the *ar;eting #greement until theperiod expires and the 6uota is not attained& ,or this reason$ plaintis Complaint states nocause of action and must %e dismissed&

8;9 )5E"E,("E$ defendant respectfully prays that the Complaint %e I-*I--E forfailure to state a cause of action&

(ther =ust and e6uita%le reliefs are also prayed for&

ueKon City .4 #pril 200?&

7-gd&8 *I'C5 *CEE"ECounsel for efendant

M#ddressN

8


22/83

:. #otion or 'ea4e o court to ,'e &'eadin (with e5&'anation or%er4ice " rei%tered $ai'

"epu%lic of the Philippines-UP"E*E C(U"

*anila

L#:I U'#+3$Petitioner$3&"& +o& FFFFFFFF

! versus !

#*I LUP#$"espondent&

x !!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ ,(" LE#1E(, C(U"' '( ,ILE "EPLG )I'5

*('I(+ '( #*I' #''#C5E "EPLG

PE'I'I(+E"$ %y counsel$ respectfully states thatH

819 .& Petitioner received a copy of respondents Comment to his petition on 4 /anuary 200>& 'he Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to %e corrected& ,or this reason$ petitionerintends to le a "eply&

8:9 2& Under existing rules$ a "eply can no longer %e led as a matter of course&Conse6uently$ petitioner see;s leave of this Court to le the said "eply$ a copy of which$pursuant to the .? "ules on Civil Procedure$ is attached to this motion&

8;9 )5E"E,("E$ petitioner respectfully prays that he %e granted leave of court tole a "eply and for the Court to admit the attached "eply&

ueKon City for *anila < /anuary 200?&

7-gd&8 #''ICU- ,I+C5Counsel for the Petitioner

M#ddressN

!L-S.& 8


23/83

;. #otion or jud$ent on the &'eadin



L#:I-# L#G#)$Plainti$

Civil Case +o& ?!4.4.2! versus ! ,orH -um of *oney

L#:I-# 5I"#P$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ ,(" /U3*E+' (+ '5E PLE#I+3-

Plaintii$ %y counsel$ respectfully states thatH

.& (n > /uly 200


24/83


25/83

=. #otion or &o%t&one$e



IL# '("G$Plainti$

Civil Case +o& 00@@??! versus !

P#-E+ -G(-($efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ ,(" P(-'P(+E*E+'


.& 'his case is set for trial on < *ay 200? at @H40 in the morning&

819 2& (n said date and time$ the undersigned counsel will %e una%le to appear%efore this 5onora%le Court as he has also %een directed to appear on this date and time%efore the "egional 'rial Court of *a;ati City$ Branch .4 for RPeople of the Philippines v& Bil*o;oS$ Criminal Case +o& 00@@$ where he is scheduled to terminate cross!examination of the prosecutions expert witness who will %e availa%le only on said date and time&

8:9 4& )ithout impugning the importance of these proceedings$ plainti respectfullysu%mits that his attendance in the *a;ati case %ecomes indispensa%le otherwise$ theaccused in said case would %e deprived of the opportunity to confront and cross!examine avital witness against her&

9& 'his motion is prompted only %y the foregoing reason and not for delay&

8;9 )5E"E,("E$ plainti respectfully prays that the trial scheduled on < *ay 200?%e P(-'P(+E to another date convenient to this 5onora%le Court&


7-gd&8 *I'C5 *CEE"ECounsel for the Plainti

M#ddressN

!L-S.& 8


26/83

>. #otion or e5ten%ion o ti$



IL# '("G$Plainti$

Civil Case +o& 00@@??! versus !

P#-E+ -G(-($efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ ,(" E'E+-I(+ (, 'I*E


.& 5e has %een directed to le a "eply to defendants #nswer %y .0 *ay 200?&

81 :9 2& 'he undersigned counsel$ however$ anticipates his ina%ility to le the"eply on or %efore the said due date %ecause of the tremendous pressure of other e6uallyurgent professional wor; re6uiring the preparation of pleadings and almost daily trialappearances %efore the various courts within and outside *etro *anila& ,or this reason$ theundersigned is constrained to as; for an additional fteen 7.


27/83

?. #otion to dec'are deendant in deau'



#+#:I+ -:G)#L:E"$Plainti$

Civil Case +o& 0000! versus !

P#*E #*I#L#$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( ECL#"E E,E+#+' I+ E,#UL'


.& Plainti led this Complaint against defendant on . *arch 200? summons wereserved on defendant on 20 *arch 200?$ as indicated %y the -heris "eturn of even date$ acopy of which is attached as #++E #&

81 :9 2& efendants reglementary period to le #nswer ended on < #pril 200? nomotion for extension of such period was led nor was any granted motu proprio %y this5onora%le Court& espite the lapse of time$ defendant has failed to answer the Complaintagainst her plainti is entitled to a declaration of default and the right to present evidenceex parte against defendant&

8;9 )5E"E,("E$ plainti respectfully prays that defendant %e declared in defaultand that plainti %e allowed to present evidence ex parte %efore the Cler; of Court acting asCommissioner&

ueKon City ? #pril 200?&

7-gd&8 #"'5 -II(U-Counsel for Plainti

M#ddressN

!L-S.& 8


28/83

@. #otion to 'it order o deau






x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( LI,' ("E" (, E,#UL'

E,E+#+'$ %y counsel$ respectfully states thatH

.& ,ive 7


29/83

E. S&ecia' Ci4i' Action%1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u

a. Certiorari

7Caption and 'itle8

PE'I'I(+


8:9 .& 76tate capacity of petitioner and respondent/s$ citi7enship$ status andresidence&8

2& 76tate the date on 8hich copy of Decision 8as received and/or Resolution on*otion for Reconsideration$ if led$ denied-8

8;9 4& 76tate rie9y the facts and circu(stances under 8hich the respondent/se&ercisin :udicial functions acted 8ithout$ or in e&cess of$ :urisdiction or 8ith rave ause of discretion a(ountin to lac; or e&cess of :urisdiction-8

9& 76tate entitle(ent to In:unction and/or #RO$ i-e-$ [a] petitioner has a clear$ lealriht$ [] 8hich is threatened y an act or o(ission of respondents$ [c] and that$ unlessrestrained$ 8ill cause rave and irreparale in:ury to petitioner- Allee also that petitioner isready to post a ond in an a(ount to e &ed y the Court conditioned upon the pay(ent to respondents of any da(aes suered arisin fro( the 8rit should petitioner e found not to e entitled to the 8rit-8


30/83

". !rohi"iti

7Caption and 'itle8

PE'I'I(+


8:9 .& 76tate capacity of petitioner and respondent/s$ citi7enship$ status andresidence&8

2& 7If applica%le$ state the date on 8hich copy of Decision 8as received and/or Resolution on *otion for Reconsideration$ if led$ denied-8

8;9 4& 76tate rie9y the facts and circu(stances under 8hich the respondent/s8hether e&ercisin :udicial or (inisterial functions acted 8ithout$ or in e&cess of$ :urisdictionor 8ith rave ause of discretion a(ountin to lac; or e&cess of :urisdiction-8

9& 76tate entitle(ent to In:unction and/or #RO$ i-e-$ [a] petitioner has a clear$ lealriht$ [] 8hich is threatened y an act or o(ission of respondents$ [c] and that$ unlessrestrained$ 8ill cause rave and irreparale in:ury to petitioner- Allee also that petitioner isready to post a ond in an a(ount to e &ed y the Court conditioned upon the pay(ent to respondents of any da(aes suered arisin fro( the 8rit should petitioner e found not to e entitled to the 8rit-8


31/83

c. #anda$u

7Caption and title8

PE'I'I(+


8:9 .& "6tate the capacity of petitioner and respondent/s and their addresses-8

8;9 2& 76tate the facts and circu(stances 8herey respondent/s unla8fully nelected the perfor(ance of an act 8hich the la8 specically en:oins as a duty resultinfro( an o


32/83

:. Guo warranto Inter&'eader Guietin o Tit'e and *ec'arator Re'ie a. Co$&'aint in Inter&'eade

+#LI LI'($Plainti$

-C# +o& FFFFFFFFFFFF

! versus !

U*# #3#) and I+# #3#)#+$efendants&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'


819 .& Plainti and defendants are all of legal age plainti resides at FFFFFFFFFFFFFFFF while defendants reside at FFFFFFFFFFFFFFF and FFFFFFFFFFFFFFF$ respectively$ where they may%e served with pertinent notices&

8:9 2& (n . /une 200?$ plainti found a 3old "olex (yster watch$ without ;nowingwho its true owner is& 'he watch is now in plaintis possession& (n or a%out < /une .$defendants made similar representations to plainti as to ownership of the watch&

4& Plainti$ who claims no interest in the watch$ cannot determine the conictingclaims of defendants and thus see;s to compel defendants to interplead and litigate theirseveral claims %etween themselves&

8;9 )5E"E,("E$ it is respectfully prayed that this 5onora%le Court issue an orderdirecting defendants to interplead with one another to determine their respective rights andclaims and to allow plainti to recover his expenses for safe;eeping and the costs of thissuit$ as rst lien upon the su:ect (atter of this action

89 1erication and Certication against ,orum -hopping

2>


33/83

". Action to Guiet (or Re$o4e C'oud on) Tit'

I+ "EH UIE'I+3 (, 'I'LE (1E" '5EP"(PE"'G C(1E"E BG 'C' +(& .249<

-C# +o& .4


34/83

c. Action or *ec'arator Re'ie

I+# #PI$Plainti$

! versus ! Civil Case +o& 29>@

'5E CI'G C(U+CIL(, UE(+ CI'G$

efendant&x !!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'


819 .& Plainti is a ,ilipino citiKen of legal age and resident of ueKon Citydefendant is the City Council of ueKon City$ the duly!constituted legislative %ody forueKon City$ its mem%ers may %e served with notices at ueKon City 5all&

8:9 2& (n . #ugust .$ defendant City Council passed (rdinance +o& 249< ma;ingit unlawful to operate cellular phone units while inside a moving vehicle and penaliKing anyviolations with a ne of P.$000&00 for each oense in addition to impounding of the cellularphone unit& 'he relevant portions of the (rdinance are$ as followsH

7uote the relevant portions8

4& 'he a%ove!6uoted portion is am%iguous %ecause it leaves unfettered discretion tothe authorities to stop even urgent and important calls which may %e made only while theperson is in transit& It fails to consider that$ due to the worsening traAc conditions in *etro*anila$ ma=ority of %usiness is conducted in transit and over cellular phones& Plainti is alawyer who fre6uently has to dictate important pleadings over the phone while in transit dueto the worsening traAc condition& 'he (rdinance appears to %ar his doing so %ut plainti isunaware of the limits of permissi%le action under the (rdinance&

9& Unless declaratory relief is granted$ plainti will suer grave and irrepara%le in=ury%ecause he is unsure of the instances when he may lawfully use his cellular phone while in amoving vehicle and when such use may lead to conscation and a ne&

8;9 )5E"E,("E$ plainti respectfully prays that this 5onora%le Court grantdeclaratory relief and declare plaintis rights and duties under the (rdinance&

89 1erication and Certication against ,orum -hopping

2@


35/83

d. Guo Harrant

7Caption and title8

C(*PL#I+'


819 .& 76tate the capacity and address of oth plainti and defendant-8

8:9 2& 76tate fully and clearly the facts and circu(stances sho8in that defendant isunla8fully occupyin a pulic o


36/83

III. !LEA*IN0S AN* OT2ER LE0AL FOR#S IN CRI#INAL !ROCE*-REA. Co$&'aintAda4it and CounterAda4i

1. Co$&'aintAda4it

"epu%lic of the Philippines 8City of *a;ati 8 s&s&

CO#!LAINTAFFI*A+IT

819 I$ #A SELAN$ of legal age$ ,ilipino$ 8ith assistance of counsel and 8:9 resident of 9 Privet rive$ 'riple 1illage$ *a;ati$ do here%y state under oath thatH

.& I am a mem%er of the 'riple 1illage 5omeowners #ssociation 7R#ssociationS8and was formerly a irector and Corporate -ecretary of the #ssociation&

8;9 2& I accuse and here%y charge #R. #A IN0A $ residing at < Privet rive$ 'riple 1illage$ *a;ati$ of violating #rticle 4


37/83

:. CounterAda4i

"epu%lic of the Philippines 8City of *a;ati 8 s&s&

C(U+'E"!#,,I#1I'

"eH I&-& +o& .>.4

819 I$ #A LABO of legal age$ 8ith assistance of counsel do here%y state under oaththatH

.& I am the Chief of -ta of the *ayor of ueKon City$ and have %een occupying saidpost since his election to the post in .@& In said capacity$ I am in charge of coordinatingthe day!to!day aairs and activities of his (Ace&

8:9 2& I recently learned that I have %een made a respondent in I&-& +o& .>.4$ acharge for estafa$ led %y a certain #A 0-LAN0 on . /anuary 200? %efore the (Ace of the City Prosecutor for ueKon City&

4& 'he charge is %ased on a supposedly unpaid account for the purchase of seven 7?8+extel phone units %y a *r& *#+33# 3#+'-( of the ueKon City "escue and Environmentalistress Unit$ which made the *ayor their 5onorary Chairman with no direct functions hehas %een supporting their activities nancially with voluntary contri%utions&

8;9 9& 'here is no truth to the allegations in *# 3UL#+3s complaint& 'here is nofactual nor legal %asis to charge me with estafa& 'he Complaint must %e dismissed& 'o re%utand contradict *# 3UL#+3s malicious lies$ I set forth the true circumstances leading to thetransaction %elowH

9&.& -ometime last year$ *s& 3ulang called the oAce of the *ayor$loo;ing for him I informed her that he was not around& I too; a message fromher saying that she was a friend of the *ayor and that she was selling +extelunits and if we wanted to %uy units from her& I informed her that %oth the*ayor and I had our units already she then told me if the *ayor could referher to prospective clients& )hen the *ayor arrived$ I relayed the message tohim&

9&2& uite coincidentally$ *r& 3antso had called the *ayor as;ing if hecould assist in securing +extel units& 'he *ayor as;ed me to call *s& 3ulang&*r& 3antso and *s& 3ulang were a%le to meet$ as a result&

9&4& (n that day$ *s& 3ulang %rought the units to the *ayors (Aceshe met with *r& 3antso inside the *ayors oAce& 'hey transacted %usinessinside the *ayors (Ace and only passed %y my oAce on their way out&

9&9& -ome time after that$ *s& 3ulang phoned me and told me that *r&

3antso had not paid her the amount of P..$000&00 for the units& -omewhatem%arrassed %y this$ I called *r& 3antso and told him to pay *s& 3ulang heassured me that he would pay her %ut that he =ust needed to collect moneyfrom the rest of the group&

9&& 'hereafter$ I would still receive phone calls telling me that *r&3antso had yet to pay I would follow up with *r& 3antso %ut he simply gave

me this promise that he would pay&

& ,or this reason$ it is certainly incomprehensi%le that I should stand accused of estafa %y *s& 3ulang& I &eror$ed no act o deceit or raud aain%t her in orderinthe unit%. I &eror$ed NO ACT that e4en re$ote' re%e$"'e% AN o the act%&uni%hed under Artic'e ;1=& If at all$ any cause of action is PU"ELG CI1IL in nature andthat lia%ility does not pertain to my personal account in the a%sence of a showing that I

4.


38/83

%eneted from the +extel units 7which *s& 3ulang does not even allege and cannot prove8any civil lia%ility should pertain to the (Ace of the *ayor$ not to me&

?& Considering the foregoing$ I respectfully su%mit that there is no pri(a facie %asisto conclude that the crime of Estafa or that any crime at all has %een committed& 'heComplaint against me should$ thus$ %e dismissed&

'( '5E '"U'5 (, '5E ,("E3(I+3$ I have signed this -tatement on 4 ,e%ruary200?&

89 Certication

42


39/83

B. Inor$ation and Co$&'ain1. Inor$ation (with Certi,cate o !re'i$inar In4e%tiation or In3ue%t)

a. Bia$

7Caption8

PE(PLE (, '5E P5ILIPPI+E-$Plainti$Criminal Case +o& 00?

! versus ! ,orH Bigamy

PI :U'I+$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

I+,("*#'I(+

'he Undersigned accuses PI :U'I+ of the crime of Bigamy$ committed as followsH

'hat on or a%out 4 /uly 200>$ in the City of ueKon and within the =urisdiction of this 5onora%le Court$ the said accused$ %eing then legallymarried to BIL *(:($ and without such marriage having %een legallydissolved and thus valid and existing$ did wilfully$ unlawfully and felicitouslycontract a second marriage with #-# )# in the City of ueKon&

C(+'"#"G '( L#)

ELLI(' +E--#ssistant City Prosecutor

CE"'I,IC#'E (, P"ELI*I+#"G I+1E-'I3#'I(

I here%y certify that a preliminary investigation in this case was conducted %y me inaccordance with law that I examined the Complainant and her witnesses that there isreasona%le ground to %elieve that the oense charged had %een committed and that theaccused is pro%a%ly guilty thereof that the accused was informed of the Complaint and of the evidence su%mitted against him and was given the opportunity to su%mit controvertingevidence and that the ling of this Information is with the prior authority and approval of the City Prosecutor&


-UB-C"IBE #+ -)("+ '( BE,("E *E this th day of #ugust 200> in ueKon City&

#L C#P(+ECity Prosecutor

Bail "ecommendedH P.0$000&00

44


40/83

". The

7Caption8

PE(PLE (, '5E P5ILIPPI+E-$Plainti$

Criminal Case +o& 00?! versus ! ,orH 'heft

:LEP'( *#+I#C$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! xI+,("*#'I(+

'he Undersigned accuses :LEP'( *#+I#C of the crime of 'heft$ committed asfollowsH

'hat on or a%out 4 /uly 200>$ in the City of ueKon andwithin the =urisdiction of this 5onora%le Court$ the said accused$then .. years old and without any ;nown address$ willfully$unlawfully and feloniously$ with intent to gain$ without forceupon things or violence upon persons and without the;nowledge and consent of *# #L#5#-$ the owner$ too; a goldnec;lace studded with diamonds valued at (ne 5undred

'housand Pesos 7P.00$000&008 to the pre=udice of said owner&

C(+'"#"G '( L#)&


CE"'I,IC#'I(+ #- '( C(+UC' (, I+UE-

I here%y certify that the accused was lawfully arrested without a warrant and that$upon %eing informed of his rights$ refused to waive the provisions of #rticle .2< of the"evised Penal Code and$ for this reason$ an In6uest was conducted that %ased on thecomplaint and the evidence presented %efore me without any countervailing evidencesu%mitted %y the accused$ despite opportunity to do so$ there is reasona%le ground to%elieve that the accused has committed the crime of theft and should$ thus$ %e held for saidcrime that this Information was with the prior authority of the City Prosecutor&


-UB-C"IBE #+ -)("+ '( BE,("E *E this th of #ugust 200> in ueKon City&

#L C#P(+ECity Prosecutor

49


41/83

c. Atte$&ted Ra

7Caption8


Criminal Case +o& 00?! versus ! ,orH #ttempted "ape

*#EL -I#$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

I+,("*#'I(+

'he undersigned accuses *#EL -I# of attempted rape committed as followsH

'hat on or a%out > /une 200


42/83

d. Fru%trated #urde

7Caption8


Criminal Case +o& 00?! versus ! ,orH ,rustrated *urder

*#*# *#'#G$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

I+,("*#'I(+

'he undersigned accuses *#*# *#'#G of frustrated murder committed as followsH

'hat on or a%out 2. #ugust 200>$ in ueKon City$ the accused did thenand there ta;e a loaded &99 Cali%er *agnum pistol$ directly aim the samerearm at the person of 1IC 'I*#$ an invalid septuagenarian$ and$ at point%lan; range$ with intent to ;ill$ discharge the rearm twice against the personof said 1ic 'ima$ inicting on said 1ic 'ima two 728 wounds on his chest andstomach$ which wounds would have %een fatal had not timely medicalassistance %een rendered to the said 1ic 'ima&

C(+'"#"G '( L#) with the aggravating circumstances of EvidentPremeditation$ use of rearm and disregard of age&

7-gd&8 ELLI(' +E--#ssistant City Prosecutor

!L-S Certication of Preliminary Investigation or In6uest

4>


43/83

C. #otion%1. #otion to Gua%h Inor$atio


"E3I(+#L '"I#L C(U"'

Branch 0$ ueKon CityPE(PLE (, '5E P5ILIPPI+E-$Plainti$

Criminal Case +o& 00?! versus ! ,orH 'heft

:LEP'( *#+I#C$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( U#-5

8:9 '5E #CCU-E$ %y counsel$ respectfully moves to 6uash the Information for thecrime of theft on the followingH

8;9 3"(U+-

.& I' C(+'#I+- #1E"*E+'- )5IC5$ I, '"UE$ )(UL C(+-'I'U'E # LE3#L /U-'I,IC#'I(+

2& '5I- C(U"' I- )I'5(U' /U"I-IC'I(+&

In support$ the accused respectfully states thatH

#"3U*E+'

'he Information alleges that the accused :LEP'( *#+I#C is eleven 7..8 years oldand without any ;nown address& Under #rticle .2$ paragraph 4 of the "evised Penal Code$ aperson over nine years of age and under fteen$ unless he acted with discernment$ isexempt from criminal lia%ility&

'here is no allegation that the accused acted with discernment& Even granting saiddiscernment$ the accused cannot %e tried %ut instead proceeded against under #rticle @0 of the "evised Penal Code$ which provides that a minor$ unless sixteen years of age at the timeof the commission of a grave or less grave felony$ cannot %e tried %ut instead shall have the%enet of a suspension of all proceedings against him& 'he duty of the court would %e tocommit the minor to the custody or care of a pu%lic or private %enevolent or charita%leinstitution for the care and education of homeless and delin6uent children or to the custodyof the epartment of -ocial )or; and evelopment&

89 7-gd&8 *I'C5 *CEE"ECounsel for the #ccused

M#ddressN

!L-S.& 8?9 "e6uest for and +otice of 5earing2& 8@9 Proof of -ervice

4?


44/83

:. #otion to Gua%h Search Harran

819 7Caption8PE(PLE (, '5E P5ILIPPI+E-$

Plainti$

! versus ! Criminal Case +o& 00022,orH Li%el1I3 C5#+$

#ccused&x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( U#-5 -E#"C5 )#""#+'

'he #CCU-E$ %y counsel$ respectfully moves for the 6uashal of -earch )arrant +o&..22 issued %y this 5onora%le Court on and dated .2 /uly 200> %ased on the followingconsiderationsH

8:9 .& "ule .2>$ -ec& .0 or the "evised "ules of Court provides expressly that asearch warrant shall %e valid for ten 7.08 days from its date and that thereafter$ it shall %evoid&

2& -earch )arrant +o& ..22 is dated .2 /uly 200>& It was served on the accused on24 /uly 200>$ the ..th day from its date this is certied to %y the -worn Inventory and "eturnexecuted %y *a=or #lang #lam$ the leader of the searching team 7a copy of which is alreadypart of the records8& # search was made on the same day$ 24 /uly 200> pursuant to saidsearch$ certain o%=ects were seiKed and delivered to the court& Under the law$ the -earch)arrant is void and must$ thus$ %e 6uashed&

8;9 )5E"E,("E$ it is respectfully prayed that -earch )arrant +o& ..22 %e U#-5Eand all o%=ects seiKed under its purported authority %e declared I+#*I--IBLE under theexclusionary rule in #rticle III$ -ection 4728 in relation to section 2 of the .@? Constitution&

8&

8=9 7-gd&8 *# '#P#+3Counsel for #ccused

M#ddressN

!L-S.& 8>9 "e6uest for and +otice of 5earing2& 8?9 Proof of -ervice

4@


45/83

;. #otion to Su&&re%% E4idenc

819 7Caption8


! versus ! Criminal Case +o& 00022,orH Li%el

1I3 C5#+$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( -UPP"E-- E1IE+CE U+L#),ULLG -EIE

'he #CCU-E$ %y counsel$ respectfully moves for the suppression of o%=ects seiKedon 24 /uly 200>$ pursuant to -earch )arrant +o& ..22 issued %y this 5onora%le Court dated.2 /uly 200>$ %ased on the following considerationsH

8:9 .& -earch )arrant +o& ..22 was served on the ..th day and is$ thus$ void&2& 'he motor vehicle seiKed does not fall within the property that may lawfully%e seiKed&

iscussionM.N -earch )arrant +o& ..22 wasserved on the ..th day and is$ thus$void&

.& "ule .2>$ -ec& .0 of the "evised "ules of Court provides expressly that a searchwarrant shall %e valid for ten 7.08 days from its date and that thereafter$ it shall %e void&

2& -earch )arrant +o& ..22 is dated .2 /uly 200>& It was served on the accused on24 /uly 200>$ the ..th day from its date this is certied to %y the -worn Inventory and "eturnexecuted %y *a=or #lang #lam$ the leader of the searching team 7a copy of which is alreadypart of the records8& # search was made on the same day$ 24 /uly 200> pursuant to saidsearch$ certain o%=ects were seiKed and delivered to the court& Under the law$ the -earch)arrant is void&

4& +o valid seiKure may %e made under a void warrant& ,or this reason$ the followingo%=ects must %e suppressedH

Mlist itemsN

M2N 'he motor vehicle seiKed doesnot fall within the property thatmay lawfully %e seiKed&

9& (n the occasion of the search$ the searching party also RseiKedS accuseds green /aguar /E with license plate$ R+o& .V$ allegedly for %eing su%=ect of the oense& 'hereafter$ itwas impounded and ;ept at the P+P *otor Pool&

& *oreover$ the motor vehicle is not mala prohi%ita that would =ustify a seiKurethereof neither could there %e a seiKure of evidence in plain view&

8;9 )5E"E,("E$ it is respectfully prayed that all o%=ects seiKed under the void-earch )arrant +o& ..22 %e declared I+#*I--IBLE under the exclusionary rule in #rticle III$section 4728 in relation to -ection 2 of the .@? Constitution& ,urthermore$ it is prayed that

the 3reen /aguar /E with license plate R+o& .V %e immediately returned to the accused&

8&

8=9 7-gd&8 *# '#P#+3Counsel for #ccused

M#ddressN

!L-S.& 8>9 "e6uest for and +otice of 5earing2& 8?9 Proof of -ervice

4


46/83


47/83

*. A&&'ication or Bai

819 7Caption8


! versus ! Criminal Case +o& ..9@?@

"ECG I1I-'$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

#PPLIC#'I(+ ,(" P"(B#'I(+

'5E #CCU-E$ %y counsel$ respectfully applies for pro%ation pursuant to theprovisions of Presidential ecree +o& >@$ as amended&

In support of this application$ the accused respectfully su%mits the followingH

.& #ccused!applicant is of legal age and currently gainfully employed at #-+Broadcasting Corporation located at 'imog #venue$ ueKon City& (n 24 ,e%ruary 200?$ shepleaded RguiltyS to the oense charged herein conse6uently$ this 5onora%le Court in its(rder dated @ *arch 200? sentenced accused!applicant to an indeterminate penalty rangingfrom three 748 years to ve 7@$specicallyH

2&.& -he has not %een convicted of any crime against national securityor pu%lic order

2&2& -he has not %een previously convicted %y nal =udgment of anoense punisha%le %y imprisonment of not less than one 7.8 month and one7.8 day andDor a ne of not less than 'wo 5undred Pesos 7P200&008

2&4& -he has not previously applied for nor had %een previously placedunder pro%ation under Presidential ecree +o& >@&

2&9& -he has not started to serve her sentence and$ to date$ has notled any +otice of #ppeal from the (rder of conviction&

4 ,inally$ granting this application will not in any way depreciate the seriousness of the oense charged nor cause any undue ris; that during the period of pro%ation$ accused!applicant will commit another crime& *oreover$ accused!applicant does not need any

correctional treatment re6uiring commitment to an institution&

8;9 )5E"E,("E$ accused!applicant respectfully prays that her application forpro%ation %e 3"#+'E and that she %e placed under pro%ation under such terms andconditions necessary to attain and ensure the o%=ectives of the law and which$ under thecircumstances$ are fair$ =ust and reasona%le in the sound discretion of this 5onora%le Court&

ueKon City for Pasig City .2 *arch 200?&

7-gd&8 #''ICU- ,I+C5Counsel for #ccused

M#ddressN

!L-S.& 8


48/83

I+. !LEA*IN0S AN* OT2ER LE0AL *OC-#ENTS CO##ON TO CI+IL AN*CRI#INAL !ROCE*-REA. OKer o E4idence and O&&o%ition/Co$$ent to OKer

1. For$a' OKer o E4idence

"epu%lic of the Philippines

+ational Capital /udicial "egion"E3I(+#L '"I#L C(U"'Branch 0$ ueKon City


Criminal Case +o& 0000..! versus !

"ECG I1I-'$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

,("*#L (,,E" (, E1IE+C

'5E P"(-ECU'I(+$ %y the undersigned pu%lic and private prosecutors$ respectfullyoer their documentary exhi%its in support of their case!in!chiefH

.& Exhi%it #$ the sworn statement of X#lang :aso$ the private complainant$ andExhi%it #!.$ his signatureYto prove that on the date and time stated in the aAdavit$ theaccused issued a post!dated chec; in the amount of (ne *illion Pesos 7P.$000$000&008which$ on presentment for payment$ was dishonored for lac; of insuAcient funds to proveauthorship and the authenticity of the sworn statement and as part of the testimony of theprivate complainant&

2& Exhi%it B$ the post!dated chec; dated 40 /une 2009$ issued %y the accused in theamount of (ne *illion Pesos 7P.$000$000&008 Exhi%it B!.$ the dorsal side of the chec; withnotation R#I,S Exhi%it B!2$ the signature of accused on face of the chec;Yto prove theissuance of the chec;$ the amount stated$ the reason for dishonor and the identity of theissuer& 'he mar;ed copies of Exhi%its # and B are already part of the record&

)5E"E,("E$ the prosecution respectfully prays that the foregoing Exhi%its %e#*I''E as proof of the facts therein stated and in support of its case!in!chief and for allother relevant purposes&

ueKon City ? /uly 200?&

ELLI(' +E-- #''ICU- ,I+C5Pu%lic Prosecutor Private Prosecutor

Copy furnishedH

*I'C5 *CEE"ECounsel for #ccused

92


49/83

:. Co$$ent/O&&o%ition to OKer


Criminal Case +o& 0000..! versus !

"ECG I1I-'$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(**E+' (+ '5E P"(-ECU'I(+-,("*#L (,,E" (, E1IE+CE

'5E #CCU-E$ %y counsel$ respectfully oppose the Prosecutions (er of Evidence forthe following reasonsH

.& Exhi%it #$ the sworn statement of X#lang :aso$ the private complainant$ andExhi%it #!.$ his signature are I+#*I--IBLE %ecause the private complainant was neverpresented to authenticate the document or su%=ected to cross!examination$ thus$ thedocument is hearsay and inadmissi%le&

2& Exhi%it B$ the post!dated chec; dated 40 /une 2009$ issued %y the accused in theamount of (ne *illion Pesos 7P.$000$000&008 Exhi%it B!.$ the dorsal side of the chec; withnotation R#I,S Exhi%it B!2$ the signature of accused on face of the chec; are I+#*I--IBLEfor violation of the Best Evidence "ule as the original chec; was never presented and no%asis for the presentation of secondary evidence laid&

#CC("I+3LG$ the #CCU-E respectfully su%mits that the Prosecutions Exhi%its areI+#*I--IBLE and must$ thus$ %e ECLUE&


7-gd&8 *I'C5 *CEE"ECounsel for the #ccused

M#ddressN

Copy furnishedH

ELLI(' +E--Pu%lic Prosecutor

#''ICU- ,I+C5Private Prosecutor

94


50/83

B. *e$urrer to the E4idence1. Cri$ina' ca%e%

7Caption8

PE(PLE (, '5E P5ILIPPI+E-$

Plainti$ Criminal Case +o& 00?! versus ! ,orH 1iolation of P .@>>

#+#:I+ -:G)#L:E"$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

E*U""E" '( '5E P"(-ECU'I(+- E1IE+C

'5E #CCU-E$ %y counsel$ 8ith leave of court previously otained respectfullysu%mits this emurrer to the Prosecutions Evidence on the ground that the prosecution hasfailed to adduce suAcient evidence of his guilt to overcome the presumption of innocenceand shift the %urden of proofH

.& Under the Constitution$ the accused is presumed to %e innocent until provenguilty& 'he eect of this presumption is that it entitles the accused to not say anything in hisdefense and places the %urden directly on the prosecution to prove everything relative to hisguilt& 'hus$ the prosecution must rely on the strength of its evidence and not wait for theaccused to oer any defense& It is only in the event that the prosecution$ after resting itscase$ has adduced suAcient evidence of guilt that the %urden of proof shifts to the accused&

2& 'he prosecution has failed to adduce suAcient evidence of guilt such as wouldshift the %urden of proof&

2&.& 'he accused is charged with violation of P .@>> the gravamenof the oense is unauthoriKed possession of a rearm& Concretely$ this meansthat the prosecution must prove that the accused had no legal authority topossess any rearm&

2&2& 'he prosecution has failed to show that the accused had nolicense to carry a rearm& 'he proof of the negative element is indispensa%leto proof of a violation of P .@>>& )ithout proof of this negative element$ thecrime is not proven&

4& #%sent proof of the negative element$ i&e&$ a%sence of a license$ the oense is notproven& 'he accused is innocent he must$ thus$ %e ac6uitted&

)5E"E,("E$ the accused respectfully prays that the Information against him %eI-*I--E and that he %e #CUI''E of the crime charged&


#"'5 -II(U-Counsel for the #ccused

M#ddressN

!L-S "e6uest for and +otice of 5earin

99


51/83

:. Ci4i' ca%e%

7Caption8




x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

E*U""E" '( '5E E1IE+CE

E,E+#+'$ %y counsel$ 8ith leave of court previously souht and rantedrespectfully su%mits this emurrer to the Evidence %ecause plainti has failed to proveentitlement to his claims %y a preponderance of evidenceH

.& 'his action see;s to collect a sum of money arising from a contract&

2& Plainti$ after resting his case$ has failed toH 7a8 prove the authenticity of thecontract$ 7%8 the extent of the o%ligation under the contract$ 7c8 the demanda%ility of theo%ligation under the contract and 7d8 defendants lia%ility for the o%ligation and damages&

4& Conse6uently$ plainti has failed to prove his claims %y a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her&

)5E"E,("E$ defendant respectfully prays that the Complaint against her %eI-*I--E&


7-gd&8 (BI )#+ :E+(BICounsel for efendant

M#ddressN

!L-S "e6uest for and +otice of 5earing

9


52/83

C. Notice o Li% !enden

"epu%lic of the Philippines9th /udicial "egion

"E3I(+#L '"I#L C(U"'Branch ?.$ #ntipolo

#*I LUP#$Plainti$Civil Case +o& 00?

! versus ! ,orH "econveyance

#L#+3 LUP#$efendant&

x !!!!!!!!!!!!!!!!!!!!!!! x

+('ICE (, LI- PE+E+-

'5E "E3I-'E" (, EE-#ntipolo City$ "iKal Province

Please ta;e notice that a parcel of land covered %y 'C' +o .249 located in #ntipolo$"iKal registered in the name of defendant is the su%=ect matter of an action forreconveyance of an undivided one!sixth portion thereof led %y #*I LUP#$ a%ove!namedplainti& #ccordingly$ please record this notice on the title&

"E-PEC',ULLG -UB*I''E&


7-gd&8 #''ICU- ,I+C5Counsel for Plainti

M#ddressNCopy furnishedH

*I'C5 *CEE"E$ Es6&Counsel for efendant

9>


53/83

*. A&&earance a% Coun%e

"epu%lic of the Philippines"E3I(+#L '"I#L C(U"'

+ational Capital /udicial "egionBranch .0.$ ueKon City

#+#:I+ -:G)#L:E"$Plainti$Civil Case +o& .4


54/83

E. Hithdrawa' a% Coun%e'1. Hithdrawa' a% Coun%e'

7Caption8

#+#:I+ -:G)#L:E"$

Plainti$ Civil Case +o& .4


55/83

F. Su"%titution o Coun%e'

7Caption8


Civil Case +o& .4


56/83

+. !LEA*IN0S AN* LE0AL *OC-#ENTS ON *O#ESTIC CASES AN* S!ECIAL!ROCEE*IN0SA. !etition or 2a"ea% Cor&u


"E3I(+#L '"I#L C(U"'Branch ..$ *a;ati

I+ "EH PE'I'I(+ ,(" 5#BE#-C("PU- (, '5E *I+("- LU:E#+ LEI# -:G)#L:E"

-P +o& ...449P#*E #*I#L#$

Petitioner&

#+#:I+ -:G)#L:E"$"espondent&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

PE'I'I(+


.& Petitioner is the mother of the minors Lu;e and Leia -;ywal;er$ who were %orn outof the valid marriage %etween petitioner and respondent #na;in -;ywal;er&

2& 'he marriage failed and petitioner has %een living separately from respondentsince 2009& -ometime in ,e%ruary 200?$ respondent$ un;nown to petitioner$ a%ducted theminor children and has ;ept them incommunicado and out of petitioners reach&

4& Being %elow seven 7?8 years of age$ custody of the minors is naturally presumedto %elong to petitioner$ as their mother& Conse6uently$ respondents refusal to allowpetitioner to regain custody over the minors is unlawful and un=ustied&

)5E"E,("E$ petitioner respectfully prays that a writ of ha%eas corpus issue directingrespondent to ma;e a return showing his legal authority to detain the minor children$ su%=ectof this petition$ and thereafter$ present the minor children personally %efore the Court on adate and time it chooses&


(BI )#+ :E+(BICounsel for Petitioner

M#ddressN

!L-S 1erication and Certication against ,orum -hopping


57/83

B. !etition or Ado&tion

I+ "EH PE'I'I(+ ,(" #(P'I(+(, #+#:I+ -:G)#L:E"

-P +o& ...449#"'5 1#E" and P#*E #*I#L#$

Petitioners&x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

PE'I'I(+

PE'I'I(+E"-$ %y counsel$ respectfully state thatH

.& Petitioners are hus%and and wife$ %oth of legal age$ and residents of FFFFFFFFFF&

2& 'hey have no legitimate children of their own and desire to =ointly adopt a minornamed #+#:I+ -:G)#L:E"$ .0 years old$ the legitimate child of FFFFFFFFFFFFFFFFF&

4& 'he parents of the minor are not insane$ intemperate and are in full possession of civil capacity they have not a%andoned the minor child& )ith full ;nowledge of petitionersintention$ they have expressly given their written consent to the adoption$ as shown %y theirstatement$ a copy of which is attached as #++E #&

9& Petitioners are 6ualied to adopt the minor and are nancially capa%le of supporting the minor they are also morally 6ualied to %ring up and educate the said minor&

)5E"E,("E$ it is respectfully prayed that =udgment %e rendered in petitioners favorad=udging the minor child #+#:I+ -:G)#L:E" freed from all legal o%ligations of o%edienceand maintenance with respect to hisDher natural parents and that heDshe %e declared to alllegal intents and purposes$ the child of herein petitioners and that hisDher surname %echanged to that of petitioners&


7-gd&8 *#-'E" G(#M#ddressN



58/83

C. !etition or *ec'aration o Nu''it o #arriae with A&&'ication or!ro4i%iona' Order

MCaption and 'itleN


.& Petitioner is a ,ilipino citiKen$ of legal age and married to respondent& ,or purposesof this petition$ she may %e served with notices and other pertinent processes throughcounsel at Maddress of counselN&

2& "espondent is a ,ilipino citiKen$ of legal age$ currently employed at MstateemployerN and married to petitioner& 5e may %e served with summons and other pertinentorders and processes of this Court at Mstate addressN

4& Petitioner and respondent were married on MdateN and out of this marriage$ theyhave Mstate num%er of children$ respective agesN& # copy of the *arriage Contract executed%y petitioner and respondent is attached as ANNEJ A a copy each of the %irth certicatesof the minor children is attached as ANNEJ B C and *$ respectively&

9& Petitioner and respondent are currently separated in fact and have %een so since*ay 200.& 'he reason for the continuing separation in fact is the %rea;down of the marriagedue to %oth petitioners and respondents mutual psychological incapacity to fulll anddischarge their respective marital o%ligations to each other$ which existed at the time of themarriage in .@ %ut manifested itself well into the marriage


59/83

Petitioner also prays that$ after trial$ =udgment %e rendered in her favor %y declaringpetitioner to %e psychologically incapacitated to comply with the essential o%ligations of hermarriage to respondent$ thus !!

M.N eclaring the marriage %etween petitioner and respondent a nullity and$%y this to;en$ ordering the dissolution of the con=ugal partnership of gains

and

M2N #warding permanent custody of the children to petitioner$ with expressac;nowledgement of respondents visitation rights

M4N #warding support in the amount of 7state amount8 su%=ect to ad=ustmentsto %e made depending on changes in earning capacity and needs of thechildren&

#ll other =ust and e6uita%le reliefs are also prayed for&


7-gd&8 #''ICU- ,I+C5Counsel for the Petitioner

M#ddressN



60/83

*. !etition or !ro"ate o a 2o'ora&hic Hi'


"E3I(+#L '"I#L C(U"'Branch 40$ -an /uan

"EH P"(B#'E (, '5E 5(L(3"#P5IC)ILL (, P#BLI+3 -I#&$

-P P"(C& +o& 0024P#LI+3 :E"#$

Petitioner$x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

PE'I'I(+


.& Petitioner is a ,ilipino citiKen and the widow of the deceased&

2& (n .> #ugust 200>$ P#BLI+3 -I# died$ having previously executed a holographicwill in his own handwriting and in a language ;nown to him& # copy of the will is attached as#++E #& 'he handwriting may %e attested to as his %y his secretary of long standing$ '(*C"U&

2& 'he deceased left a house and lot located at +o&


61/83

+I. *EE*S CONTRACTS AN* OT2ER COR!ORATE LE0AL *OC-#ENTSA. S&ecia' !ower o Attorne

-PECI#L P()E" (, #''("+EG

:+() #LL *E+ BG '5E-E P"E-E+'-H

I$ (BI )#+ :E+(BI$ of legal age$ and resident of 'atooine$ do here%y name$constitute and appoint P#*E #*I#L#$ of legal age$ and resident of +a%oo$ to %e my trueand lawful #ttorney!in!,act and in my name$ place and stead$ do perform the followingspecic act7s8H

7-pecify the particular actDs to %e performed8

3iving and granting unto said attorney!in!fact power and authority to do every actnecessary and re6uired in connection with these presents$ and here%y ratifying andconrming all that she may do %y virtue of these presents&

I+ )I'+E-- )5E"E(,$ I have signed this -pecial Power of #ttorney this ? /uly 200?at 'atooine&

7-gd&8 (BI )#+ :E+(BIPrincipal

-I3+E I+ '5E P"E-E+CE (,H

7-gd&8 "22

7-gd&8 C4P(

#c;nowledgment

B. 0enera' !ower o Attorne

3E+E"#L P()E" (, #''("+EG

:+() #LL *E+ BG '5E-E P"E-E+'-H

I$ (BI )#+ :E+(BI$ of legal age$ and resident of 'atooine$ do here%y name$constitute and appoint P#*E #*I#L# to %e my true and lawful attorney!in!fact$ for meand in my name$ place and stead$ to do and perform the following acts$ to witH

7-pecify general acts that #ttorney!in!,act may do8

3iving and granting unto my said #ttorney!in!,act full power and authority necessary

and re6uired to carry out the acts as fully to all intents and purposes as I might do orlawfully do if personally present$ with power of su%stitution and revocation$ and here%yratifying and conrming all that my said attorney!in!fact or his su%stitute shall lawfully do orcause to %e done under and %y virtue of these presents&

I+ )I'+E-- )5E"E(,$ I have signed this instrument this ? /uly 200? at 'atooine&

7-gd&8 (BI )#+ :E+(BIPrincipal


7-gd&8 "22

7-gd&8 C4P(

#c;nowledgment


62/83

C. Contract o Lea%

C(+'"#C' (, LE#-E

:+() #LL *E+ BG '5E-E P"E-E+'-H

'his #greement made and entered into at *a;ati this ?

th

day of /uly 200? %y and%etween #*I B#5#G$ of legal age$ married to #-# )#$ 7LE--("8 and resident of *a;atiCity$ and #L#+3 B#5#G$ of legal age$ single and resident of ueKon City 7LE--EE8$)I'+E--E'5 thatH

.& In consideration of a monthly rental of ,I1E '5(U-#+ PE-(- 7P


63/83

*. 2o'ora&hic Hi'

-an /uan$ *etro *anila? /uly 200?

I here%y execute this holographic will$ in my handwriting and in the English language

which I ;now how to read and write$ %e6ueathing my house and lot located at +o&


64/83

F. Atte%tation C'au%e or a Notaria' Hi'

#''E-'#'I(+ CL#U-E

)E$ the undersigned witnesses$ whose residences are stated opposite our respectivenames$ do here%y certify thatH the testator FFFFFFFFFFFFFFFFF has pu%lished unto us the

foregoing will consisting of FFF pages num%ered correlatively in letters on the upper part of each page$ as hisDher last will and testament and has signed the same and every pagethereof$ on the left margin$ in our =oint presence and we$ in turn$ at hisDher re6uest havewitnessed and signed the same and every page thereof$ on the left margin$ in the presenceof the testator and in the presence of each other&

-#:-I . "esidence-#:-I 2 "esidence-#:-I 4 "esidence

0. Ac7now'ed$ent o a Notaria' Hi''

/(I+' #C:+()LE3*E+'

BE,("E *E$ +otary Pu%lic for and I the City of -an /uan$ Philippines$ this ? th day of /uly$ 200?$ personally appearedH

P#BLI+3 -I#$ -"& 7'estator8$ with 1alid Identication ocument FFFFFFF issued%y 7oAcial agency8$ on > /uly 200>

-#:-I . 7)itness8$ with 1alid Identication ocument FFFFFFF issued %y7oAcial agency8$ on > /uly 200>

-#:-I 2 7)itness8$ with 1alid Identication ocument FFFFFFF issued %y7oAcial agency8$ on > /uly 200>

-#:-I . 7)itness8$ with 1alid Identication ocument FFFFFFF issued %y7oAcial agency8$ on > /uly 200>

all ;nown to me to %e the same persons who signed the foregoing )ill$ the rst as testatorand the last three as instrumental witnesses$ and they respectively ac;nowledged to methat they signed the same as their own free act and deed&

'his )ill consists of FFF pages$ including the page in which this ac;nowledgment iswritten$ and has %een signed on the left margin of each and every page thereof %y thetestator and his witnesses and has %een sealed with my +otarial seal&

I+ )I'+E-- )5E"E(,$ I have set my hand the day$ year and place written&

7-gd&8 +& (& '#"I(

+otary Pu%licUntil FFFFFFFFFFFFFFFFFF P'" +o& FFFFFFFFFFFFFFF Issued at FFFFFFFFFFFFFF (n FFFFFFFFFFFFFFFFFFF

oc& +o&Page +o&Boo; +o&-eries of 200?&


65/83

2. *onation Inter +i4o%

EE (, (+#'I(+

:+() #LL *E+ BG '5E-E P"E-E+'-H

'his eed of onation$ made and executed %y L#LI* BUL-#$ of legal age$singleDmarried$ and resident of FFFFFFFFFFFFFFF 7RonorS8 in favor of #*I U'#+3$ of legalage$ singleDmarried and resident of FFFFFFFFFFFFFFFFF 7R(+EES8 )I'+E--E'5H

'hat the (+(" is the owner of that certain real property with the %uildings andimprovements thereon$ situated in FFFFFFFFFFFFFFFFF$ and more particularly descri%ed in(riginalD'ransfer Certicate of 'itle +o& FFFF of the land registry of FFFFFFFFFFFFF$ as followsH

7Copy description of property in title8

'hat for and in consideration of the love and aection which the (+(" has for the(+EE$ the said (+("$ %y these presents$ transfers and conveys$ %y way of donation$ untosaid (+EE$ hisDher heirs and assigns$ the a%ove descri%ed real property with all the%uildings and improvements thereon$ free from all liens and encum%rances

'hat the (+(" does here%y state$ for the purpose of giving full eect to thisdonation$ that heDshe has reserved for himselfDherself in full ownership suAcient property tosupport himDher in a manner appropriate to hisDher needs

'hat the (+EE does here%y accept this donation of the a%ove!descri%ed property$and does here%y express gratitude for the ;indness and li%erality of the (+("&

I+ )I'+E-- )5E"E(,$ the (+(" and the (+EE have signed this deed on ? /uly200? and at ueKon City$ Philippines&

L#LI* BUL-#onor

#CCEP'EH

#*I U'#+3onee


7-gd&8 *I"(+ .

7-gd&8*I"(+ 2

!L-S #c;nowledgment


66/83

I. Ac7now'ed$ent o No$inee Statu% with A%%in$ent o Share%

#C:+()LE3*E+' (, +(*I+EE -'#'U- )I'5 #--I3+*E+' (, -5#"E-

I$ 3E("I L# ,("3E$ 7R+omineeS8$ of legal age$ and with oAce address at FFFFFFFFFF$here%y ac;nowledge my status as nominee for )ILLI#* "I:E" 7Rthe PrincipalS8 for the

purpose of holding title to FFF shares of stoc; in the Enterprise 5oldings Inc& 7RtheCorporationS8& #s nominee$ I here%y une6uivocally conrm that the Principal is the exclusiveand a%solute owner of the su%=ect shares& #ccordingly$ the relationship %etween theprincipal and the nominee with respect to the su%=ect shares is governed %y the followingterms and conditionsH

.& #ll dividends$ whether cash$ stoc; or property$ rights and other privileges$accruing on the su%=ect share shall %e for the account and %enet of theprincipal accordingly$ the nominee shall deliver the same to the principal andwhoever the latter may designate&

2& irectors fees and other amounts received %y way of compensation forservices rendered %y the nominee shall %e for the account and %enet of thenominee&

4& 'he principal shall save the nominee free and harmless from any lia%ility$whether for unpaid su%scriptions$ taxes or otherwise$ that may arise as aresult of the nominees holding title to the su%=ect shares for and on %ehalf of the principal&

9& 'he nominee here%y assigns$ transfers$ and conveys the su%=ect shares tothe principal free from all liens and encum%rances and here%y underta;es toexecute the necessary instruments to transfer title over the su%=ect shares tothe principal or to whoever the latter may designate&


67/83

. Secretar% Certi,cate

-EC"E'#"G- CE"'I,IC#'E

I$ E#++# '"(I$ of legal age$ with oAce address at FFFFFFFFFFFFFFFFFF$ on the %asis of the corporate records$ do here%y certify that under oath thatH

.& I am the Corporate -ecretary of E+'E"P"I-E 5(LI+3- I+C& 7RcorporationS8$ acorporation duly organiKed and existing under Philippine laws$ with the same oAce addressgiven a%ove&

2& #t a meeting of the Board of irectors of the corporation held on FFFFFFFFFFF$ atwhich meeting a 6uorum was present and o%tained throughout$ the following resolution7s8was 7were8 unanimously approved and adoptedH

"E-(L1E$ that &&&&&&&&&&&&&&&&&&&

4& 'he foregoing resolution has not %een revo;ed$ amended or in any mannermodied and accordingly$ the same may %e relied upon until a written notice to the contraryis issued %y the corporation&

I+ )I'+E-- )5E"E(,$ I have set my hand to this certication on FFFF at FFFFFFFFFFFFFF&

E#++# '"(ICorporate -ecretary

#''E-'EH

/E#+!LUC PIC#"President

!L-S /urat

6. Board Re%o'ution%1. Authorit to Act

Board "esolution +o& FFF

"E-(L1E$ that *r& /ean!Luc Picard$ as Chairperson and Chief Executive (Acer of Enterprise 5oldings %e authoriKed$ as he is here%yauthoriKed$ to enter into any and all transactions with the representatives of the ,erengi 'rade ,ederation$ as may prove to %e %enecial to the corporationin his own opinion and determination&

#pproved and adopted this ?th day of /uly$ 200? at *a;ati City$ Philippines&

7+ame of irectors8

:. Increa%e in nu$"er o director% and nece%%ar a$end$ent to theArtic'e% o Incor&oratio

Board "esolution +o& FFF

"E-(L1E$ %y a vote of stoc;holders representing more than 2D4 of thesu%scri%ed and paid up capital stoc;$ to I+C"E#-E the num%er of irectors of the Corporation from ve 7.


68/83

L. *eed o A%%in$ent

EE (, #--I3+*E+'

:+() #LL *E+ BG '5E-E P"E-E+'-H

I$ #*I -5#"E-$ of legal age$ ,ilipino and resident of FFFFFFFFFFFFFFFF$ for and inconsideration of the sum of FFFFFFFFFFFFFFFFFFFF Pesos 7PFFFFF8$ receipt of which is here%yac;nowledged do here%y assign$ cede$ transfer and convey unto #*I LUP#$ li;ewise of legalage$ and resident of FFFFFFFFFFFFFF$ all hisDher rights$ title$ ownership and interest over itssu%scription to (ne 5undred 'housand 7.00$0008 shares of the capital stoc; of FFFFFFFFF Corporation$ including advances due from said corporation& It is$ however$ understood thatthe assignee shall assume any and all unpaid su%scription on the said shares&

'he assignor here%y irrevoca%ly constitute$ name and appoint the assignee to %ehisDher true and lawful attorney!in!fact to ma;e representations with the corporate secretaryand to cause the annotation of this assignment in the %oo;s of the corporation&

I+ )I'+E-- )5E"E(,$ the assignor has signed this deed on ? th day of /uly$ 200? atthe City of *anila&

#*I -5#"E-#ssignor


7-gd&8 *I"(+ .

7-gd&8 *I"(+ 2

!L-S #c;nowledgment

>2


69/83

#. *eed o Sa'e o Rei%tered Land (uni'atera'

"epu%lic of the Philippines 8*a;ati City 8 s&s&

EE (, #B-(LU'E -#LE

:+() #LL *E+ BG '5E-E P"E-E+'-H

I$ *# G# *#+$ ,ilipino$ single$ and resident of FFFFFFFFFFFFFFFFFFFFFFFFF$ for and inconsideration of the amount of FFFFFFFFFFFFFFFFFFFFFFF$ paid to me today %y *# 3U L#+3$,ilipino$ single and resident of FFFFFFFFFFFFFFFF do here%y -ELL$ '"#+-,E" and C(+1EGa%solute and unconditionally unto said *# 3U L#+3 that certain parcel7s8 of land$ togetherwith the %uildings and improvements thereon situated in the City of *a;ati$ and moreparticularly descri%ed as followsH

7'echnical escription of propertyDies specify metes and %ounds of thepropertyDies with approximate area thereof$ as indicated on the face of the title8

of which I am the registered owner in fee simple$ my title thereto %eing evidenced %y 'ransfer 7or (riginal8 Certicate of 'itle +o& FFFFFF$ issued %y the "egister of eeds of *a;atiCity&

It is here%y mutually agreed that the vendee shall %ear all expenses for the executionand registration of this deed of sale&

I+ )I'+E-- )5E"E(,$ I have signed this deed this ? th day of /uly$ 200? at *a;atiCity&

*# G# *#+1endor

[,ote> if vendor is (arried$ (arital consent (ust e secured! thus$ the Deed (ust alsoindicate this- If vendor is (arried$ then add the follo8in>]

?ith (y consent>

A6A ?A@endors ?ife


7-gd&8 *I"(+ .

7-gd&8 *I"(+ 2

!L-S #c;nowledgment

>4


70/83

N. *eed o Sa'e o -nrei%tered Land (uni'atera')


EE (, #B-(LU'E -#LE

:+() #LL *E+ BG '5E-E P"E-E+'-H

I$ *# G# *#+$ ,ilipino$ single$ and resident of FFFFFFFFFFFFFFFFFFFFFFFFF$ for and inconsideration of the amount of FFFFFFFFFF$ paid to me today %y *# 3U L#+3$ ,ilipino$ singleand resident of FFFFFFFFFFFFFFFFFFFFFFF do here%y -ELL$ '"#+-,E" and C(+1EG a%solutelyand unconditionally unto said *# 3U L#+3 that certain parcel7s8 of land$ together with the%uildings and improvements thereon situated in the City of *a;ati$ and more particularlydescri%ed as followsH

7escriptionH state the nature of each piece of land and its improvements$situations and %oundaries$ area in s6uare meters$ whether or not the%oundaries are visi%le on the land %y means of monuments or otherwise andif they are$ what they consist of$ the permanent improvements$ if any$ thepage num%er of the assessment of each property for current year or yearswhen registration is made$ the assessed value of the property for the year8

It is here%y declared that the %oundaries of the foregoing land are visi%le %y means of FFFFFFFFFFFFFFF that the permanent improvements existing thereon consist of FFFFFFFFF 7if none$ state so8 that the land is assessed for the current year at PFFFFFFFFFFFFFF as per 'axeclaration +o& FFFFFFFFFF$ and the %uildings andDor improvements $ at PFFFFFFFFFFFF as per

'ax eclaration +o& FFFFFFFFF$ of the City #ssessor of *a;ati&

'he a%ove descri%ed real estate$ not having %een registered under #ct +o& 9> norunder the -panish *ortgage Law$ the parties hereto have agreed to register this instrumentunder the provisions of -ec& .9 of the "evised #dministrative Code$ as amended&

I+ )I'+E-- )5E"E(,$ I have signed this deed this ? th day of /uly$ 200? at *a;atiCity&

*# G# *#+1endor

[,ote> if vendor is (arried$ (arital consent (ust e secured! thus$ the Deed (ust alsoindicate this- If vendor is (arried$ then add the follo8in>]

?ith (y consent>

A6A ?A@endors ?ife


7-gd&8 *I"(+ .

7-gd&8 *I"(+ 2

!L-S #c;nowledgment

>9


71/83

O. *eed o Sa'e with !acto de Retro ("i'atera')


EE (, -#LE )I'5 P#C'( E "E'"(

'his eed of -ale with Pacto de "etro made and executed %y and %etweenH

*# G# *#+$ ,ilipino$ of legal age$ married to #-# )#$ withresidence at FFFFFFFFFFFFFFFFFFF 71E+("8$

! and !

*# 3U L#+3$ ,ilipino$ of legal age$ married to B# '#P#$ withresidence at FFFFFFFFFFFF 71E+EE8

)I'+E--E'5H 'hatY

'he 1E+(" is the a%solute owner of a certain parcel of land with all the %uildingsand improvements thereon$ situated in the City of *a;ati$ and more particularly descri%ed$as followsH

7Copy technical description in 'C'D(C'8

his title thereto shown %y 'ransfer 7or (riginal8 Certicate of 'itle +o& FFFFFF issued %y the"egister of eeds of *a;ati

'he 1E+("$ for and in consideration of the amount of FFFFFFFFFFFFFFFFF Pesos7PFFFFF8$ to him paid %y 1E+EE and receipt of which is ac;nowledged$ does here%y -ELL$

'"#+-,E" and C(+1EG under pacto de retro unto the said 1E+EE$ his heirs and assigns$the property with all the %uildings and improvements thereon$ free from all liens andencum%rances whatsoever

'he 1E+("$ in executing this conveyance$ here%y reserves the right to"EPU"C5#-E$ and the 1E+EE$ in accepting t

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