Legal Forms - Feu

8/10/2019 Legal Forms - Feu

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MM EE MM OO RR YY AA II DD

CBO OVER-ALL CHAIRPERSON: Evangeline CoASSISTANT CHAIRPERSON: Rose Lyn Rabanera

ACADEMICS COMMITTEE - HEADS:Reigel Prado, Omar Gabrieles

SECRETARIAT HEAD: Romino ArzadonFINANCE COMMITTEE HEAD: Kyan Sioco

LOGISTICS COMMITTEE - HEAD: Janis Ruckenbrod

LEGAL FORMS COMMITTEE

SUBJECT HEAD: Judith CruzCO-HEAD: Jamil Estorninos, Vangie Co

SUBJECT ADVISER:

Atty. Fredrick Fern Belandres


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I n s t i t u t e o f L a wC e n t r a l B a r O p e r a t i o n s 2 0 0 6U N I T E D P U R S U I T O F E X C E L L E N C E

CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon;ACADEMICS - HEADS: Reigel Prado, Omar Gabrieles; FINANCE HEAD: Kyan Sioco; LOGISTICS - HEAD:Janis Ruckenbrod

B A R N O T E S I N L E G A L F O R M S

LEGAL FORMS

LEGAL FORMS - ADVISER: Atty. Fredrick Fern BelandresLEGAL ETHICS & PRACTICAL EXERCISESHEAD: Judith Cruz; CO-HEAD: Jamil Estorninos;

LEGAL FORMSHEAD: Vangie Co.

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NOTA BENE: In the bar exam, DO NOTUSE A SPECIFIC NAME as a party or signatory to the

document / instrument. This will be considered as marking. Use only generic nameslike Mr. X, Mr. Y, Juan dela Cruz or Pedro Santos In writing any legal form, you must complete it by signing above the fictitious

names of the executing party and on the left margin when required. Always indicate the complete personal circumstances of the partieswhen

required (i.e. Name, legal age, postal address, civil status, nationality anddesignation in the document)

Those that are in BOLDindicate essential or key words or phrases that characterizethe document or instrument.

DO NOT BE IN A HURRY TO SUBMIT YOUR PAPER. THIS IS THE LAST EXAM.THERE IS NO NEED TO RUSH YOURSELF, AFTER ALL, YOUVE GONE THISFAR. REVIEW YOUR ANSWERS WHILE YOU WAIT FOR THE LAST MINUTETHEN SUBMIT YOUR PAPER. GOD BLESS AND GODSPEED!

T A B L E O F C O N T E N T S

I. NON-LITIGATION FORMS

A. BASIC FORMSACKNOWLEDGMENT ...................................................................................................................4ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES...........5JURAT .............................................................................................................................................5

AFFIDAVIT OF LOSS .....................................................................................................................6

B. CONTRACT OR AGREEMENTSDEED OF SALE OF REAL PROPERTY ......................................................................................... 7DEED OF SALE OF PERSONAL PROPERTY...............................................................................8CONTRACT OF LEASE OF REAL PROPERTY.............................................................................9CONTRACT OF LEASE OF PERSONAL PROPERTY.................................................................10

REAL ESTATE MORTGAGE.........................................................................................................11CHATTEL MORTGAGE................................................................................................................ 12AFFIDAVIT OF GOOD FAITH.....................................................................................................13GENERAL POWER OF ATTORNEY ........................................................................................... 14SPECIAL POWER OF ATTORNEY.............................................................................................. 15REVOCATION OF POWER OF ATTORNEY............................................................................... 16

C. DONATIONS AND WILLDEED OF DONATION INTER VIVOS ........................................................................................ 17DONATION MORTIS CAUSA...................................................................................................... 18

ATTESTATION CLAUSE..............................................................................................................19JOINT ACKNOWLEDGMENT..................................................................................................... 19HOLOGRAPHIC WILL................................................................................................................ 20LAST WILL AND TESTAMENT................................................................................................... 21


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D. PARTNERSHIPS AND CORPORATIONSARTICLES OF GENERAL PARTNERSHIP.................................................................................22ARTICLES OF LIMITED PARTNERSHIP ..................................................................................24ARTICLES OF INCORPORATION (STOCK CORP.) ..................................................................26TREASURERS CERTIFICATE....................................................................................................28

ARTICLES OF INCORPORATION (NON-STOCK CORPORATION)........................................29CERTIFICATION OF BOARD RESOLUTION BY CORPORATE SECRETARY........................ 31

II. LITIGATION FORMS

A. BASIC FORMSCAPTIONS & TITLE .....................................................................................................................32

VERIFICATION ............................................................................................................................34CERTIFICATION AGAINST FORUM-SHOPPING / CERTIFICATION OF NON-FORUMSHOPPING....................................................................................................................................35EXPLANATION ............................................................................................................................36

AFFIDAVIT OF MAILING / SERVICE........................................................................................37AFFIDAVIT FOR PRELIMINARY ATTACHMENT....................................................................38AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION .................................................39AFFIDAVIT FOR REPLEVIN...................................................................................................... 40

B. CIVIL ACTION FORMSENTRY OF APPEARANCE ...........................................................................................................41COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of Action).................42COMPLAINT (Several Causes of Action).....................................................................................43

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM..........45ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH ...................................47MOTION FOR POSTPONEMENT OF HEARING ......................................................................48NOTICE OF HEARING.................................................................................................................49MOTION TO LIFT ORDER OF DEFAULT..................................................................................50MOTION TO DISMISS ................................................................................................................. 51MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL .........................................52MOTION TO INTERVENE...........................................................................................................53MOTION FOR NEW TRIAL .........................................................................................................54

AFFIDAVIT OF MERITS..............................................................................................................55MOTION FOR EXECUTION OF JUDGMENT ...........................................................................56NOTICE OF APPEAL ....................................................................................................................57INTERPLEADER ..........................................................................................................................58

C. SPECIAL PROCEEDINGS FORMSPETITION FOR GUARDIANSHIP / APPOINTMENT OF GUARDIAN ...................................59PETITION FOR LETTERS OF ADMINISTRATORSHIP ..........................................................61PETITION FOR HABEAS CORPUS.............................................................................................63

D. CRIMINAL ACTION FORMSCRIMINAL COMPLAINT (for Acts of Lasciviousness) ..............................................................64CRIMINAL INFORMATION (for Acts of Lasciviousness) with CERTIFICATE OF PRELIMINVESTIGATION..........................................................................................................................65CERTIFICATION..........................................................................................................................66 PETITION FOR BAIL ...................................................................................................................67MOTION TO QUASH ...................................................................................................................69DEMURRER TO EVIDENCE .......................................................................................................70


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NOTA BENE: In the bar exam, DO NOTUSE A SPECIFIC NAME as a party or signatory to the

document / instrument. This will be considered as marking. Use only generic nameslike Mr. X, Mr. Y, Juan dela Cruz or Pedro Santos In writing any legal form, you must complete it by signing above the fictitious

names of the executing party and on the left margin when required. Always indicate the complete personal circumstances of the partieswhen

required (i.e. Name, legal age, postal address, civil status, nationality anddesignation in the document)

Those that are in BOLDindicate essential or key words or phrases that characterize

the document or instrument. DO NOT BE IN A HURRY TO SUBMIT YOUR PAPER. THIS IS THE LAST EXAM.

THERE IS NO NEED TO RUSH YOURSELF, AFTER ALL, YOUVE GONE THISFAR. REVIEW YOUR ANSWERS WHILE YOU WAIT FOR THE LAST MINUTETHEN SUBMIT YOUR PAPER. GOD BLESS AND GODSPEED!

I. NON LITIGATION FORMSA. BASIC FORMS

ACKNOWLEDGMENT1

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)PROVINCE OF BATANGAS ) SS

2

MUNICIPALITY OF TAAL )

BEFORE ME, this 16thday of February, 2007 in the Municipality of Taal, Province of Batangas,

Philippines, personally appeared PEDRO SANTOS, with Residence Certificate No. 123456 issued atTaal, Batangas, on February 1, 2007, and Taxpayers Identification No. 456789 known to me and to meknown to be the same person who executed the foregoing instrument and he acknowledged to me thatthe same is his free act and deed.

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

ATTY. JUAN DELA CRUZS. N. 07-11111

NOTARY PUBLICUntil Dec. 31, 2007

Roll No. 0001P.T.R. No. 0002, 12/31/2007, Manila.

IBP No. 0003, 12/31/2007, Manila.

Doc. No. 5;Page No. 6;Book No. IV;Series of 2007.

1 Acknowledgement is the act of an individual who has executed a deed, in going before some competent officer or court anddeclaring the same to be his act or deed. Usually used in contracts and deeds.2SS is the abbreviation of scilicet which means to wit; namely. It is used to particularize a general statement. It may therefore be

read as: In the Republic of the Philippines; but more particularly in the City of Manila. The omission of SS in a legal document isNOT material so as to invalidate it.


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ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)PROVINCE OF BATANGAS ) SSMUNICIPALITY OF TAAL )

BEFORE ME, this 16thday of February, 2007 in the Municipality of Taal, Province of Batangas,

Philippines, personally appeared PEDRO SANTOS, with Residence Certificate No. 123456 issued atTaal, Batangas, on February 1, 2007, and Taxpayers Identification No. 456789 known to me and to meknown to be the same person who executed the foregoing instrument and he acknowledged to me that

the same is his free act and deed.

This instrument, consisting of 5 pages, including the page on which this acknowledgment iswritten, has been signed on the left margin of each and every page thereof by PEDRO SANTOS and hiswitnesses, and sealed with my notarial seal.

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



Roll No. 0001P.T.R. No. 0002, 12/31/2007, Manila.IBP No. 0003, 12/31/2007, Manila.


JURAT3

JURAT

SUBSCRIBED AND SWORN to before me, this 15thday of March, 2007 in the City of Manila,affiant exhibiting before me his Community Tax Certificate No. 123456, issued at Manila on March 1,2007




IBP No. 0003, 12/31/2007, Manila.

Doc. No. 5;

Page No. 6;Book No. IV;Series of 2007.

3Jurat is the part of an affidavit where the officer certifies that eh same was sworn before him. Usually used in affidavits.


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AFFIDAVIT OF LOSS

AFFIDAVIT OF LOSS

REPUBLIC OF THE PHILIPPINES)CITY OF MAKATI ) SS

I, JUAN DELA CRUZ, of legal age, single, and a resident of Espana, Manila, after having beensworn to in accordance with law hereby depose and say:

1. That I am the owner of a NOKIA N90 CELLULAR PHONE with serial number IMEI789887-7898-74 and unit number 0922-3179003 under account number 9807865643;

2. That on the 28thof January, 2007 with a number of things I was carrying while getting out

of my car, said cell phone must have slipped from my pocket because after I reached myoffice, I hurriedly tried to get my said cell phone from my pocket but I was surprised that itwas not there anymore;

3. That after diligent search inside my car and office as well as the elevator I used going upto my office, said cell phone was nowhere to be found anymore;

4. That I am executing this affidavit in order to attest to the truth of the foregoingcircumstances and for the purpose of reporting the loss to the Globe Business Center.

IN WITNESS WHEREOF, I have hereunto set my hand this 29thday of January, 2006 in the City

of Manila, Philippines.

JUAN DELA CRUZAffiant

JURAT


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DEED OF SALE OF REAL PROPERTY

DEED OF SALE OF REAL PROPERTY

KNOW ALL MEN BY THESE PRESENTS:

I, JUANA DELA CRUZ, of legal age, married to JUAN DELA CRUZ, Filipino Citizen and aresident of 25 I West Drive, Marikina, hereinafter known as the VENDOR;

and

JOSE SANTOS, of legal age, single, Filipino Citizen and a resident of Unit 23-A, StarlightCondominium, Ortigas Center, Pasig City, hereinafter known as the VENDEE;

WITNESSETH:

1. That the VENDOR is the absolute owner of a residential lot in Sucat, Paranaque with an area of120 square meters covered by Transfer Certificate of Title No. 123456, Registry of Deeds ofParanaque;

2. That for and in consideration of the sum of NINE THOUSAND FIVE HUNDRED PESOS(P9,500.00) per square meter or a total of ONE MILLION ONE HUNDRED FORTY THOUSANDPESOS (P1,140,000.00), receipt of which is hereby acknowledge, VENDOR hereby SELL,TRANSFER and CONVEY to the VENDEE, his heirs, assigns and transferees, the aforesaid

described parcel of land together with all improvements thereon, free from all liens andencumbrances;

3. That the VENDEE undertake to pay all taxes, registration and transfer fees as well as the villageassociation dues.

IN WITNESS WHEREOF, we hereunto sign this deed of absolute sale in Manila, Philippines onthis 25

thday of February, 2006.

JUANA DELA CRUZ JOSE SANTOSVendor Vendee

With my marital consent:

JUAN DELA CRUZ

Witnesses:

MR. A MR. B

ACKNOWLEDGMENT


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DEED OF SALE OF PERSONAL PROPERTY

DEED OF SALE OF PERSONAL PROPERTY


I, JUAN DELA CRUZ, of legal age and a resident of 7 Love Bldg., A.H. Lacson St., Sampaloc,Manila, hereinafter known as VENDOR;

and

PEDRO SANTOS, of legal age, Filipino Citizen and a resident of Unit 25-K, StarlightCondominium, Ortigas Center, Pasig City, hereinafter known as VENDEE;

WITNESSETH:

1. That the VENDOR is the absolute owner of a motor vehicle particularly described as follows:Toyota RAV4, 2004 model with motor number 1234,Plate No. BRV 537, Registration Certificate No. 456,

Chassis No. 2345, and File No. 789.

2. That for and in consideration of the sum of TWO HUNDRED AND FIFTY THOUSAND PESOS(P250,00.00), receipt of which I hereby acknowledge, I hereby SELL, TRANSFER and CONVEY

to the VENDEE, his heirs, assigns and transferees, the aforesaid described motor vehicle, freefrom all liens and encumbrances;

3. That the VENDEE undertake to pay all taxes, registration and transfer fees.

IN WITNESS WHEREOF, I have hereunto set my hand this 4thday of March, 2006 in Manila City,

Philippines.

JUAN DELA CRUZ PEDRO SANTOSVendor Vendee

Witnesses:

MR. X MR. Y

ACKNOWLEDGMENT


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CONTRACT OF LEASE OF REAL PROPERTY

CONTRACT OF LEASE OF REAL PROPERTY

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

JUAN DELA CRUZ, of legal age, Filipino citizen and a resident of 564 Espana, Manila,hereinafter known as the LESSOR;

andPEDRO SANTOS, of legal age, Filipino citizen and a resident of 222 Lacson Street, Manila,

hereinafter known as the LESSEE;

WITNESSETH: That

The LESSOR is the owner in fee simple of a certain parcel of land, together with the buildingsand improvements thereon, situated in 10 Espana, Manila and more particularly described as follows:

(description of property)

The LESSOR has offered to lease and the LESSEE has agreed to rent the above-mentionedproperty.

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

1. The monthly rental shall be FIFTEEN THOUSAND PESOS (P 15,000.00), to be paid by the

LESSEE on or before the 5

th

day of each and every month, plus one per centum (5%) surcharge permonth for the payment of rentals made after the 5thday of the month due. It is expressly agreed and

understood that the payment of the rental herein stipulated shall be made without the necessity ofexpress demand and without delay on any ground whatsoever;

2. The term of this lease is 10 years commencing on January 1, 2007 and expiring on December 31,2017.

3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by himexclusively for residential purposes and the said LESSEE is hereby strictly prohibited from using thesaid premises for any other purpose without the prior written consent of the LESSOR;

4. The major and minor repairs shall be for the account of the LESSOR;5. Taxes and assessments shall be for the account of the LESSOR, while expenses for electricity,

water and other utilities shall be for the account of the LESSEE;6. Upon the signing of this agreement, the LESSEE shall pay by way of deposit unto the LESSOR the

sum of THIRTY THOUSAND Pesos (P 30,000.00) to be applied in payment of rentals in arrears and

other expenses or charges that the LESSEE may owe in favor of the LESSOR;7. The each parties shall notify the other at least 30 days in advance of his intention to terminate the

lease.8. Violation of any of the above terms ipso facto rescinds the contract.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 15thday of December

2006, in Manila, Philippines.

JUAN DELA CRUZ PEDRO SANTOS(Lessor) (Lessee)

Signed in the presence of:

Witness 1 Witness 2

ACKNOWLEDGMENT


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CONTRACT OF LEASE OF PERSONAL PROPERTY

CONTRACT OF LEASE OF PERSONAL PROPERTY


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

JUAN DELA CRUZ, of legal age, Filipino citizen and a resident of 15 Dapitan Street, Manila,hereinafter known as the LESSOR;

andPEDRO SANTOS, of legal age, Filipino citizen and a resident of 1515 Laong-Laan Street,

hereinafter known as the LESSEE;

WITNESSETH: That

The LESSOR is the owner in fee simple of a personal property, more particularly described asfollows:

(description of property)

The LESSOR has offered to lease and the LESSEE has agreed to rent the above-mentionedproperty.

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

1. The monthly rental shall be TEN THOUSAND Pesos (P10,000.00), to be paid by the LESSEE at onor before the 5

thday of each and every month, plus one per centum (1%) surcharge per month for the

payment of rentals made after the 5thday of the month due. It is expressly agreed and understood

that the payment of the rental herein stipulated shall be made without the necessity of expressdemand and without delay on any ground whatsoever;

2. The term of this lease is 2 years commencing on January 1, 2006 and expiring on December 31,2008.

3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by himexclusively for business purposes and the said LESSEE is hereby strictly prohibited from using thesaid property for any other purpose without the prior written consent of the LESSOR;

4. The major and minor repairs shall be for the account of the LESSOR;5. Taxes and assessments shall be for the account of the LESSOR, while other expenses shall be for

the account of the LESSEE;

6. Upon the signing of this agreement, the LESSEE shall pay by way of deposit unto the LESSOR thesum of FIVE THOUSAND PESOS (P5,000.00) to be applied in payment of rentals in arrears andother expenses or charges that the LESSEE may owe in favor of the LESSOR;

7. The each parties shall notify the other at least 30 days in advance of his intention to terminate thelease.

8. Violation of any of the above terms ipso facto rescinds the contract.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 22nd

day of November2005, in Manila, Philippines.

JUAN DELA CRUZ PEDRO SANTOS(Lessor) (Lessee)


Witness 1 Witness 2

ACKNOWLEDGMENT


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REAL ESTATE MORTGAGE

REAL ESTATE MORTGAGE


This REAL ESTATE MORTGAGE, made and executed by JUAN DELA CRUZ, of legal age,single, Filipino citizen, with residence and post-office address at 1218 Simeon Street, Manila, hereinaftercalled the MORTGAGOR,

in favor ofPEDRO SANTOS, of legal age, single, Filipino citizen, with residence and post-office address at

1246 Craig Street, Manila, hereinafter called MORTGAGEE.

WITNESSETH:

That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of TEN THOUSANDPESOS (P10,000.00), receipt whereof is hereby acknowledged and confessed, payable within a period ofTWO (2) years, with interest at the rate of ten per cent (10%) per annum;

That FOR AND IN CONSIDERATION of said indebtedness, the MORTGAGOR does herebyconvey and deliver by way of MORTGAGE unto the said MORTGAGEE and the latter's heirs andassigns, the following parcel of land, together with all the improvements thereon and situated at 1218Simeon Street, Manila covered by Transfer Certificate of Title No. 564789 of the Register of Deeds ofManila, specifically described as follows:

(insert technical description of real property as it appears in title)

all of which the MORTGAGOR declares to be the absolute owner thereof, free from all liens andencumbrances;

It is the essence of this contract that if the MORTGAGOR fails to pay the principal obligationas above mentioned, then this mortgage shall be foreclosed and the above-mentioned properties shallbe sold in accordance with law; however, if the MORTGAGOR pays said obligation together with theinterest, then this mortgage shall be discharged and rendered of no force and effect.

IN WITNESS WHEREOF, the parties have set their hands on the 6thday of March, 2006, at the

City of Manila, Philippines.

JUAN DELA CRUZ PEDRO SANTOS

(Mortgagor) (Mortgagee)


Witness 1 Witness 2

ACKNOWLEDGMENT


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CHATTEL MORTGAGE

CHATTEL MORTGAGE


This CHATTEL MORTGAGE, made and executed by JUAN DELA CRUZ, of legal age, single,Filipino citizen, with residence and post-office address at 15 Arlegui Street, Manila, hereinafter called theMORTGAGOR,

in favor ofPEDRO SANTOS, of legal age, single, Filipino citizen, with residence and post-office address at

22 Quezon Avenue, QC, hereinafter called MORTGAGEE.

WITNESSETH:

That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of TEN THOUSANDPESOS (P10,000.00), receipt of which is acknowledged by the MORTGAGOR upon the signing of thisinstrument, payable within a period of 2 years, with interest thereon at the rate of five (5) per cent, perannum;

That FOR AND IN CONSIDERATION of said indebtednessand to assure the performance ofsaid obligation to pay, the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto theMORTGAGEE, his heirs, and assigns, the following personal property now in the possession of saidMORTGAGOR:

(Description of personal property mortgaged)

That the condition of this obligation is that should the MORTGAGOR perform the obligationto pay the herein-above indebtedness together with accrued interest thereon, this chattel mortgageshall at once become null and void and of no effect whatsoever, otherwise, it shall remain in full forceand effect.

IN WITNESS WHEREOF, the parties have set their hands on the 5thday of April, 2007 at the City

of Manila, Philippines.

JUAN DELA CRUZ PEDRO SANTOS(Mortgagor) (Mortgagee)


Witness 1 Witness 2

ACKNOWLEDGMENTAFFIDAVIT OF GOOD FAITH

4+ jurat

4See next page for sample form


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AFFIDAVIT OF GOOD FAITH5

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoingchattel mortgage is made and executed for the purpose of securing the obligation specifiedtherein, and for no other purpose, and that the same is a just and valid obligation, and one notentered into for the purposes of fraud.

City of Manila, March 24, 2006.

JUAN DELA CRUZ PEDRO SANTOS(Mortgagor) (Mortgagee)

JURAT

5The absence of the Aff idavit of Good Faith vitiates a chattel mortgage as against creditors or third persons.


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GENERAL POWER OF ATTORNEY

GENERAL POWER OF ATTORNEY


I, JUAN DELA CRUZ, of legal age, single, resident of 1 McKinley Avenue, DamarinasVillage, Makati City, do hereby name, constitute and appoint PEDRO SANTOS, of legal age, Filipinocitizen and a resident of Unit 25 Ritz Condominium, Ayala Avenue, Makati City, to be my true andlawful attorney in-fact, for me and in my name, place and stead to do and perform the following actsand things, to wit:

1. To ask, demand, sue for, recover or collect any and all sums of money and other things ofvalue of whatever nature or kind as may now be or hereafter become due, owing, payable orbelonging to me, and to have, sue, and to take any and all lawful ways and means for therecovery thereof by suit.

2. To make, sign, execute, and deliver contracts, documents, agreements, and other writingsof whatever nature.

3. To delegate in whole or in part any or all of the powers herein granted or conferred, bymeans of an instrument in writing, in favor of any third person or persons whom my saidattorney may select.

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority

whatsoever requisite or necessary or proper to be done in and about the premises as fully to allintents and purposes as I might or could lawfully do if personally present, with power ofsubstitution and revocation, and hereby ratifying and confirming that all that my said attorneyor his substitute shall lawfully do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, the parties have set their hands on the 3rd

day of January 2007, at theCity of Makati, Philippines.

JUAN DELA CRUZ(Principal)


Witness 1 Witness 2

ACKNOWLEDGMENT


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SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY


I, JUAN DELA CRUZ, of legal age, single, resident of 1 McKinley Avenue, DamarinasVillage, Makati City, do hereby name, constitute and appoint PEDRO SANTOS, of legal age, Filipinocitizen and a resident of Unit 25 Ritz Condominium, Ayala Avenue, Makati City, to be my true andlawful attorney-in-fact, for me and in my name, place and stead within the period of five (5) months,

to SELL, TRANSFER and CONVEY, for the price not less than FIVE MILLION PESOS(P5,000,000.00), to whosoever may purchase or buy my Hacienda Juan in Tarlac, Tarlac, of which Iam the absolute owner, free from all liens and encumbrances; and

HEREBY GIVING AND GRANTING unto my said attorney in-fact full powers andauthority to do and perform all and every act requisite or necessary to carry into effect theforegoing authority to sell, as fully to all intents and purposes as I might or could lawfully do ifpersonally present, with full power of substitution or revocation, and hereby ratifying andconfirming all that my said attorney or his substitute shall lawfully do or cause to be done byvirtue hereof.

IN WITNESS WHEREOF, the parties have set their hands on the 16thday of May, 2007, at

the City of Makati, Philippines.



Witness 1 Witness 2

ACKNOWLEDGMENT


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REVOCATION OF POWER OF ATTORNEY

REVOCATION OF POWER OF ATTORNEY


I, JUAN DELA CRUZ, of legal age, single and with residence address at 1 McKinley Avenue,Damarinas Village, Makati City did on the 16

th day of May, 2007 executed a SPECIAL POWER OF

ATTORNEY before ATTY. MARIA CRUZ, a Notary Public in and for the City of Makati and registeredunder Doc. No. 2; Page No. 8; Book No. V; Series of 2007, and there did appoint PEDRO SANTOS as

my true and lawful attorney, for me and in my name to perform the acts therein set forth;

That I have revoked and recalled the said power of attorney, and do hereby revoke, recall,and annul all power and authority thereby given to the said PEDRO SANTOS together with any andall concomitant rights, powers and privileges given to him.

IN WITNESS WHEREOF, the parties have set their hands on the 20thday of November, 2007, at

the City of Makati, Philippines.



Witness 1 Witness 2

ACKNOWLEDGMENT


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DEED OF DONATION INTER VIVOS

DEED OF DONATION INTER VIVOS


This Deed of Donation, made and executed in the City of Makati, Philippines, by:

JUAN DELA CRUZ, of legal age, single, Filipino citizen and with residence and postal address atUnit 46, The Residences, Greenbelt 3, Makati City, hereinafter called the DONOR,

in favor of

MARIA SANTOS, of legal age, single, Filipino citizen and with residence and postal address atUnit 47, The Residences, Greenbelt 3, Makati City, hereinafter called the DONEE.

WITNESSETH:1. That, the Donor is the absolute owner of that certain real property with buildings and

improvements thereon, situated in Haciena Juan, Tarlac, Tarlac, and more particularly describedas follows:

(description of the property)2. That for and in consideration of the love and affection which the DONOR has for the

DONEE, and as an act of liberality and generosity, the DONOR hereby voluntarily and freelygives, transfers and conveys, by way of donation, unto said DONEE, his heirs, executors andassigns, the above-described real property, together with all the buildings and improvementsfound therein, free from all liens and encumbrances;

3. That the donor hereby states that, for the purpose of giving effect to the donation, he hasreserved for himself in full ownership of sufficient property to support him in a mannerappropriate to his needs.

4. That the Donee does hereby accept the foregoing donation of the above-mentioned describedproperty for which he/she expresses his/her sincerest appreciation and gratitude for the kindnessand liberty shown by the Donor.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on this 14thday of

February, 2006, in the City of Makati, Philippines.

JUAN DELA CRUZ(Donor)

Accepted:

MARIA SANTOS(Donee)

ACKNOWLEDGMENT


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DONATION MORTIS CAUSA6

DONATION MORTIS CAUSA


This Deed of Donation, made and executed in the City of Makati, Philippines, by:

JUAN DELA CRUZ, of legal age, single, Filipino citizen and with residence and postal address atUnit 46, The Residences, Greenbelt 3, Makati City, hereinafter called the DONOR,

in favor ofMARIA SANTOS, of legal age, single, Filipino citizen and with residence and postal address at

Unit 47, The Residences, Greenbelt 3, Makati City, hereinafter called the DONEE.

WITNESSETH:1. That, the Donor is the absolute owner of that certain real property with buildings and

improvements thereon, situated in Hacienda Juan, Tarlac, Tarlac and more particularly describedas follows:

(description of the property)2. That, for and in consideration of the love and affection the DONOR has for the DONEE, the

DONOR hereby TRANSFERS, GIVES and CONVEYS unto the DONEE, his heirs andassigns, the properties described above with all the buildings and improvements thereon, to takeeffect upon the DONOR's death, but in the event that the DONEE should die before theDONOR, the present donation shall be deemed rescinded and of no further force andeffect.

3. That, the DONEE does hereby accept this donation and does hereby express his gratitude forthe kindness and liberality of the DONOR.4. That, the DONOR still has property, real and personal, reserved for his sustenance and daily

subsistence.5. That, the DONOR hereby reserves unto himself the right to possess and sell the hereinabove

described real properties, as true owner thereof, before his death, without need of prior consentor approval by the DONEE.

IN WITNESS WHEREOF, the DONOR and the DONEE, have hereunto signed this DONATIONMORTIS CAUSA this 14

thday of February, 2006 in the City of Manila, Philippines.

JUAN DELA CRUZDonor

MARIA SANTOSDonee

SIGNED IN THE PRESENCE OF THESE INSTRUMENTAL WITNESSES:

Witness 1 Witness 2 Witness 3

ACKNOWLEDGMENTATTESTATION CLAUSE

7

JOINT ACKNOWLEDGMENT

6Art 728. Donations mortis causa partake the nature of testamentary succession and are governed by the rules established in the

Title on Succession.7See next page for sample form


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ATTESTATION CLAUSE

ATTESTATION CLAUSE

This Donation Mortis Causa consists of 2 pages, including this page on which this AttestationClause is written. The Donor signed this instrument and every page thereof in the presence of theinstrumental witnesses, and the latter witnessed and signed this instrument and every page thereofin the presence of the Donor and of one another.

Witness 1 Residence

Witness 2 Residence

Witness 3 Residence



BEFORE ME, Notary Public for and in the City of Manila, Philippines this 1st day of January,

2006, personally appeared:

NAME COMMUNITY TAX

CERTIFICATE NO.

DATE AND PLACE

ISSUEDJUAN DELA CRUZ (Testator) 123456 1/31/06; Makati CityWitness 1 123789 1/31/06; Makati CityWitness 2 123123 1/31/06; Makati CityWitness 3 123963 1/31/06; Makati City

all known to me and to me known to be the same persons who signed the foregoing Will, the first astestator and the last three as instrumental witnesses, and they respectively acknowledge to me that theysigned the same as their own free act and deed.

This Will consists of 3 pages, including the page in which this acknowledgment is written, andhas been signed on the left margin of each and every page thereof by the testator and his witnesses, andsealed with my notarial seal.

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

ATTY. XSer. No. 07-11111NOTARY PUBLICUntil Dec. 31, 2007


IBP No. 0003, 12/31/2007, Manila.Doc. No. 5;Page No. 6;Book No. V;

Series of 2007.


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HOLOGRAPHIC WILL

HOLOGRAPHIC WILL

I, JUAN DELA CRUZ, Filipino, of legal age, single and a resident of Unit 46, The Residences,Greenbelt 3, Makati City, being of sound and disposing mind, do hereby declare this to be myLast Will and Testament which I have written in my own handwriting, in English, a languageknown to me, and I hereby declare that all my properties shall upon my death be distributed to mybeloved, MARIA SANTOS.

IN WITNESS WHEREOF, I have hereunto set my hand this 14thday of February, 2006, at the

City of Makati, Philippines.

JUAN DELA CRUZ(Testator)


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LAST WILL AND TESTAMENT

LAST WILL AND TESTAMENT8OF

JUAN DELA CRUZ


I, JUAN DELA CRUZ, Filipino, of legal age, single and a resident of Unit 46, The Residences,Greenbelt 3, Makati City, being of sound and disposing mind and memory, and not acting underinfluence, violence, fraud or intimidation of whatever kind, do by these presents declare this to be my

Last Will and Testament which I have caused to be written in English, the language which is known tome. And I hereby declare that:

I. I desire that my remains be buried according to the rights of the Roman Catholic Churchand with dignity suitable to my circumstances

II. I give and bequeath to MARIA SANTOS, all of my properties as listed in the inventoryattached as Annex A;

III. I designate MR. X as the sole executor of my Last Will and Testament, and in his defaultor incapacity to act, MR. Y and in default or incapacity of the latter to act, MR. Z;

IV. I hereby revoke any and all my other wills, codicils, or testamentary dispositions

heretofore executed, signed or published or alleged to have been executed, signed orpublished by me.

IN WITNESS WHEREOF, I have hereunto set my hand this 14thday of February, 2006 in the City

of Makati, Philippines.

JUAN DELA CRUZ(Testator)

ATTESTATION CLAUSE9

This Donation Mortis Causa consists of 2 pages, including this page on which this AttestationClause is written. The Donor signed this instrument and every page thereof in the presence of theinstrumental witnesses, and the latter witnessed and signed this instrument and every page thereofin the presence of the Donor and of one another.

Witness 1 Residence

Witness 2 Residence

Witness 3 Residence


8Article 804, Civil Code Every will must be in writing and executed in a language or dialect known to the testator.

9Article 805, Civil Code If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. This

means that the attestation need not be in a language known to the attesting witnesses.


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ARTICLES OF GENERAL PARTNERSHIP

ARTICLES OF PARTNERSHIPof

A, B, C, D, E, F AND G


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

A, Filipino, residing at 1 Ayala Avenue, Makati City;

B, Filipino, residing at 2 Ayala Avenue, Makati City;C, Filipino, residing at 3 Ayala Avenue, Makati City;D, Filipino, residing at 4 Ayala Avenue, Makati City;E, Filipino, residing at 5 Ayala Avenue, Makati City;F, Filipino, residing at 6 Ayala Avenue, Makati City; andG, Filipino, residing at 7 Ayala Avenue, Makati City; all of legal age

WITNESSETH: That

I. They have formed a partnership among themselves under the name and style of PaeroPartners.

II. The purpose for which said partnership is formed is to produce and sell male grooming products.

III. The principal office of the partnership shall be located at 8 Ayala Avenue, Makati City;

IV. It is hereby stipulated that F shall be the partner to whom the management of the firm andthe use of its signature shall be entrusted, and he shall exercise such powers necessary toattain the purposes of this partnership, including the power to draw drafts, bills of exchange andother negotiable instruments and accept the same for and in the name of the firm; to appoint anddismiss employees and to fix their tenure and compensation; to deposit money in banks and withthe counter-signature of the Treasurer, withdraw the same for purposes of the partnership;

V. The term of existence of this partnership shall be 50 years from and after the execution of thesearticles;

VI. The capital of the partnership as contributed by the partners are as follows, to wit:

NAME CAPITAL CONTRIBUTEDA P500,000.00B 500,000.00C 500,000.00D 500,000.00E 500,000.00F 500,000.00G 500,000.00

thereby making a TOTAL CAPITAL of P3,500,000.00.

VII. The profits and losses shall be divided share and share alike among the partners of thepartnership;

VIII. The treasurer shall be G;

IX. The managing partner is hereby given a salary of ONE HUNDRED THOUSAND PESOS(P100,000.00) per month;


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IN WITNESS WHEREOF, the parties have hereunto set their hands, this 6thday of April 2007, in

Makati, Philippines.

Partner 1 Partner 5

Partner 2 Partner 6

Partner 3 Partner 7

Partner 4

Signed in the Presence of:

Witness 1

Witness 2

ACKNOWLEDGMENT


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ARTICLES OF LIMITED PARTNERSHIP

ARTICLES OF LIMITED PARTNERSHIPOF

PAERONG POGI, LTD.


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

A, Filipino, residing at 1 Ayala Avenue, Makati City;B, Filipino, residing at 2 Ayala Avenue, Makati City;

C, Filipino, residing at 3 Ayala Avenue, Makati City;D, Filipino, residing at 4 Ayala Avenue, Makati City;E, Filipino, residing at 5 Ayala Avenue, Makati City;F, Filipino, residing at 6 Ayala Avenue, Makati City;G, Filipino, residing at 7 Ayala Avenue, Makati City; andH, American, residing at 1 Sunset Blvd, California, USA; all of legal age

Witnesseth, that:

I. The above-named partners have formed a limited partnership among themselves under thename and style of Paerong Pogi, Ltd;

II. The purposes for which the said partnership is formed is to establish, operate and manage abeauty parlor;

III. The principal place of business of the partnership shall be located at 8 Ayala Avenue, MakatiCity;

IV. The term for which the partnership is to exist shall be 25 years from and after the execution ofthis agreement;

V. The capital of these partnership shall be FOUR MILLION PESOS (P4,000,000.00) contributed bythe partners, as follows, to wit:

NAME CAPITAL CONTRIBUTEDA General Partner P500,000.00B General Partner 500,000.00C General Partner 500,000.00D General Partner 500,000.00E General Partner 500,000.00F General Partner 500,000.00G General Partner 500,000.00H Limited Partner 500,000.00

VI. C, general partner, is hereby designated the manager of the partnership, with a monthly salaryof P 50,000.00;

VII. That the profits and losses shall be apportioned among the partners of the partnership shareand share alike;


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IN WITNESS WHEREOF, the parties hereto have hereto have hereunto set their hands this 4th

day of March, 2007, in Makati, Philippines.

Partner 1 Partner 5

Partner 2 Partner 6

Partner 3 Partner 7

Partner 4


Witness 1

Witness 2

ACKNOWLEDGMENT


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ARTICLES OF INCORPORATION (STOCK CORP.)

ARTICLES OF INCORPORATIONOF

A, B, C, D & E MINERALS, INC.


That we, all of whom are residents of the Philippines, have this 8th day of September, 2006,

voluntarily associated ourselves together for the purpose of forming a corporation under the laws of thePhilippines;

AND WE DO HEREBY CERTIFY:

I. That the name10of said corporation shall be: A, B, C, D & E MINERALS, INC.

II. That the specific purposes for which such corporation is formed is to manufacture, produce,purchase, sell, treat, distill, handle, distribute and otherwise deal in petroleum and petroleumproducts including its by-products, compounds, derivatives, and in other minerals, mineralsubstances, chemical substances, and any and all kinds of merchandise whatsoever.

III. That the place where the principal office of the corporation is to be established or located is 88Session Road, Baguio City, Philippines;

IV. That the term11

for which the said corporation is to exist is 50 years from and after the date ofincorporation;

V. That the names, nationalities, and residences of the incorporators12are as follows:

Name Nationality ResidenceA Filipino ManilaB Filipino ManilaC Filipino ManilaD Filipino ManilaE Filipino Manila

VI. That the number of directors13 of said corporation shall be FIVE (5) and the names and

residences of the directors who are to serve until their successors are duly elected and qualifiedas provided by the by-laws are as follows:

Name ResidenceA ManilaB ManilaC ManilaD ManilaE Manila

VII. That the capital stock of said corporation in lawful money of the Philippines is TEN MILLION

10Sec 18, Corporation Code: No corporate name may be allowedif the proposed name is identical or deceptively or confusingly

similar to that of any existing corporation or to any other name already protected by law of is patently deceptive, confusing orcontrary to existing laws11Sec 11, Corporation Code: A corporation shall exist for a period not exceeding 50 years from the date of incorporation..12Sec 10, Corporation Code: Any number of natural persons, not less than 5 but not more than 15, all of legal age and a majority ofwhom are residents of the Philippines, may form a private corporation for any lawful purpose/s. Each of the incorporators of a stockcorporation must own or be a subscriber of at least 1 share of capital stock of the corporation.13

Sec 14, Corporation Code: The number of directors or trustees, which shall not be less than 5 nor more than 15.


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PESOS (P10,000,000.00), and said capital stock is divided into TEN MILLION par value shares,and the par value of each share is ONE PESO (P1.00);

VIII. That the number and the amount is said capital stock which has actually subscribed is FIVEMILLION shares representing the sum of FIVE MILLION PESOS and the following persons havesubscribed for the number of shares with the indication of the total amount of capital stocksubscribed and actually paid by each on his subscription, as follows, to wit:

Name No. ofShares

Subscribed

Amount of CapitalStock Subscribed

AmountPaid on

SubscriptionA 1,000,000 P1,000,000.00 P500,000.00

B 1,000,000 P1,000,000.00 P500,000.00C 1,000,000 P1,000,000.00 P500,000.00D 1,000,000 P1,000,000.00 P500,000.00E 1,000,000 P1,000,000.00 P500,000.00

IX. That fifty per centum (50%) of the entire number of authorized shares of capital stock has beensubscribed and that twenty-five per centum (25%) of the subscription has been paid14;

X. That E has been elected by the subscribers as TREASURER of the corporation to act as suchuntil his successors is duly elected and qualified in accordance with the by-laws and that as suchtreasurer he has been authorized to receive for and in the name of the corporation allsubscriptions paid by the subscribers.

IN WITNESS WHEREOF, we have hereunto set our hands this 8thday of September, 2006, in

Manila, Philippines.

Incorporator 1 Incorporator 4


Incorporator 3


Witness 1

Witness 2

ACKNOWLEDGMENTTREASURERS CERTIFICATE + jurat

14 Sec 13, Corporation Code: At least 25% of the authorized capital stock as stated in the articles of incorporation must be

subscribed at the time of incorporation, and at lest 25 of the total subscription must be paid upon subscription


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TREASURERS CERTIFICATE15

TREASURERS CERTIFICATE

REPUBLIC OF THE PHILIPPINES )CITY OF MANILA )SS

I, E, being first duly sworn, depose and say:

That on the 8thday of September, 2006, I was duly selected by the subscribers named in the

foregoing articles of incorporation to act as Treasurer until his successor is duly elected andqualified in accordance with the by-laws of the corporation all subscriptions of the capital stock paid in bythe subscribers;

That FIVE MILLION PESOS (P5,000,000.00) worth of stock of the PAR VALUE of ONE PESO(P1.00) each share has been actually subscribed, and that of said subscription TWO MILLION FIVEHUNDRED THOUSAND PESOS (P2,500,000.00) has been actually paid and transferred to him in trustand received by him for the benefit and to the credit of the corporation;

That pursuant to law, he certifies that at least TWENTY FIVE PER CENTUM (25%) per centum ofthe entire number of authorized shares of capital stock has been subscribed and TWENTY FIVEPER CENTUM (25%) per centum of the total subscription has been actually paid to him in cash for thebenefit and to the credit of the corporation.

E(Treasurer)

JURAT

15 Section 14, Corporation Code: The SEC shall not accept the articles of incorporation of any stock corporation unlessaccompanied by a sworn statement of the Treasurer elected by the subscribers showing at least 25% of the authorized capitalstock of the corporation has been subscribed, and at least 25% of the total subscription has been fully paid to him in actualcase and/or in propertysuch paid-up capital being not less than P5,000.00.


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ARTICLES OF INCORPORATION (NON-STOCK CORPORATION)

ARTICLES OF INCORPORATIONOF

GAWAD TULONG


That we, all of age, majority of whom are citizens and residents of the Philippines, have this dayvoluntarily associated ourselves together for the purpose of forming a non-stock corporation under thelaws of the Republic of the Philippines.

AND WE HEREBY CERTIFY:

I. That the name of the corporation shall be: GAWAD TULONG

II. That the purposes for which such corporation is to be formed are as follows:a. To promote an integrated four-fold basic program of livelihood, education, public health, and self-

government, emphasizing the rural people since they constitute 80 percent of the population ofthe Philippines;

b. To mobilize all possible resources, human and material, national and international, public andprivate, to carry out this grassroots program of rural reconstruction, thus laying a firm foundationfor the building of a strong and democratic nation.

III. That the place where the principal office of the corporation is to be established or located in 16

Rada Street, Makati City, Philippines.

IV. That the term for which said corporation is to exist shall be TEN (10) years from and after thedate of incorporation.

V. That the names, nationalities, and residences of the incorporators of said corporation are asfollows:

Name Nationality ResidenceJose Santos Filipino Manila

Juan Dela Cruz Filipino ManilaPedro Cruz Filipino Manila

Maria De Leon Filipino ManilaAna Jose Filipino Manila

VI. That the number of trustees16of the corporation shall be five (5) and shall be persons of goodcharacter and standing in the community.

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

Name ResidenceJose Santos Manila

Juan Dela Cruz ManilaPedro Cruz Manila

Maria De Leon ManilaAna Jose Manila

VIII. That the amount of money to be devoted to the maintenance of said corporation is such

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

16Sec 92, Corporation Code: The board of trustees of a non-stock corporation may be more than 15.


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IX. That ANA JOSE has been elected by the member as treasurer of the corporation, to act as suchuntil his successor is duly elected and qualified in accordance with the By-laws and that as suchtreasurer, he has been authorized for the corporation to receive in its name all contributionsand/or donations given to the corporation.

IN WITNESS WHEREOF, we have hereunto set our hands this 8thday of July, 2007 in the City of

Manila, Philippines.



Incorporator 3

ACKNOWLEDGMENT


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CERTIFICATION OF BOARD RESOLUTION BY CORPORATE SECRETARY

SECRETARYS CERTIFICATE

I, JUAN DELA CRUZ, of legal age, single, Filipino, with residence at 1 Morayta Street, Manila,after having been sworn to according to law, depose and state:

1. I am the corporate secretary of IL CBO, Inc. , a corporation duly organized and existing under thelaws of the Philippines;

2. As such corporate secretary, I have access to all the corporate records of IL CBO, Inc.;

3. On 4 March 2006, the board of directors of IL CBO, Inc., in a meeting duly called for the purpose,passed the following resolution:

BOARD RESOLUTIONAPPOINTING AN ATTORNEY TO REPRESENT THE CORPORATION

IN PRE-TRIAL CONFERENCE AND TRIAL PROPER

WE, the undersigned, a majority of the Board of Directors of IL CBO, a domestic corporationexisting under the laws of the Philippines with address at Morayta, Manila, hereby certify that at aregular meeting of the Board of Directors held on March 4, 2006 have resolved, as we herebyresolve, to pass and adopt the following Resolution:

RESOLVED AS IT IS HEREBY RESOLVED, to appoint, name, constitute ATTY. MARIA JOSE,as its attorney-in-fact in connection with the pre-trial and subsequent hearings of the case entitledIL CBO v. BURGER KING, INC. docketed as Civil Case No. 1234 in Branch 5 of the RegionalTrial Court of Manila, with the power to make admissions and/or to make and submit as well as toaccept and approve compromise proposals upon such terms and conditions and under suchcovenants as he may deem fit.

Dated this 4thday of March, 2006, at Manila, Philippines.

(Signature of at least a majority of the directors)Countersigned by:

__________________

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

IN WITNESS WHEREOF, I have hereunto affixed my signature and the seal of the corporation,this 5

thday of March, 2006.

JUAN DELA CRUZCorporate Secretary of IL CBO, Inc.

JURAT


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II. LITIGATION FORMS17

CAPTIONS & TITLE

In the Supreme Court:

REPUBLIC OF THE PHILIPPINESSUPREME COURT

JUAN DELA CRUZPlaintiff-Appellant,

-versus-

G.R. No.06-123456Petition for Certiorari

PEDRO SANTOSDefendant-Appellee.

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

In the Court of Appeals:

REPUBLIC OF THE PHILIPPINESCOURT OF APPEALS

JUAN DELA CRUZ

Plaintiff-Appellant,

-versus-C. A. G.R. No.456789Petition for Certiorari

PEDRO SANTOSDefendant-Appellee.

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

In the RTC Civil Cases:

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION18

REGIONAL TRIAL COURTManila, Branch 1

JUAN DELA CRUZPlaintiff,

-versus-Civil Case No. 789456

Collection of Sum of MoneyPEDRO SANTOS

Defendant.

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

17With respect to the litigation forms, make sure that the designated court, judicial region and venue has the proper jurisdiction over

the case mentioned in the Title of the case.18

The judicial regions correspond to the 13 geographical regions of the Philippines


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In the MTC / MCTC Civil Cases:

REPUBLIC OF THE PHILIPPINESFOURTH JUDICIAL REGION

MUNICIPAL TRIAL COURT OF BATANGASTaal, Branch 26

PEDRO SANTOSPlaintiff,

-versus- Civil Case No. 789456For: Murder

JUAN DELA CRUZDefendant.

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

In CRIMINAL PROCEEDINGS:

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION


PEOPLE OF THE PHILIPPINESPlaintiff,

-versus-Criminal Case No. 789456

For: MurderJUAN DELA CRUZ

Accused.

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

In SPECIAL PROCEEDINGS

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION


In the Matter of the Adoption of the MinorJOSE SANTOS

Sp. No. 789456For: Adoption

PEDRO SANTOS,Petitioner.

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


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VERIFICATION19

REPUBLIC OF THE PHILIPPINES )CITY OF MANILA ) SS

VERIFICATION

I, JUANA DELA CRUZ, Filipino, of legal age, single, and a resident of 23 Espana, Manila, afterhaving been sworn in accordance with law, hereby deposes and states that:

1. I am the petitioner / complainant in the instant case;

2. I have read the foregoing petition / complaint and caused the preparation of the same; and

3. The allegations therein are true and correct to the best of my knowledge.

AFFIANT FURTHER SAYETH NAUGHT.


JUANA DELA CRUZ

Affiant

JURAT

SUBSCRIBED AND SWORN to before me, this 20h day of March, 2006 in the City of Manila,

affiant exhibiting before me her Community Tax Certificate No. 123456, issued at Manila on March 1,2006.

ATTY. PEDRO SANTOSSer. No. 06-11111NOTARY PUBLICUntil Dec. 31, 2006


IBP No. 0003, 12/31/2006, Manila.


19Section 4, Rule 7. Verification.GEN. RULE: Pleadings need not be verifiedEXCEPTION: When specifically provided by law a. complaint with or for: injunction, ejectment, attachment, application for receivership, replevin, and application for support

pendente lite

b. answer to complaint based on an actionable document denying the actionable document or to a complaint for usury denyingthe latter;

c. petition for certiorari, mandamus, prohibition, quo warranto;d. complaint for expropriation, complaint for forcible entry and unlawful detainer;e. charges for indirect contempt;f. all petitions under the rules on special proceedingsg. all pleadings filed under the rule on summary procedure


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CERTIFICATION AGAINST FORUM-SHOPPING / CERTIFICATION OF NON-FORUMSHOPPING

20

CERTIFICATION

I, JUANA DELA CRUZ, Filipino, of legal age, single, and a resident of 23 Espana, Manila, underoath, deposes and states that:

1. I have not commenced any action or proceeding involving the same issues in the SupremeCourt, Court of Appeals, or any other tribunal or agency;

2. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court,Court of Appeals or any other tribunal or agency; and

3. If I should thereafter learn that a similar action or proceeding has been filed or pendingbefore the Supreme Court, Court of Appeals, or any agency or tribunal, I undertake to reportthat fact to this Honorable Court within 5 days therefrom.


JUANA DELA CRUZAffiant

JURAT

SUBSCRIBED AND SWORN to before me, this 20h day of March, 2006 in the City of Manila,

affiant exhibiting before me her Community Tax Certificate No. 123456, issued at Manila on March 1,2006.

ATTY. PEDRO SANTOSSer. No. 06-11111



IBP No. 0003, 12/31/2006, Manila.


20Section 5, Rule 7. Used in complaints and other initiatory pleadings like permissive counterclaims.


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EXPLANATION21

EXPLANATION

A copy hereof is served on opposing counsel and the Supreme Court / Court of Appeals / RTC /MTC by registered mail, instead of by personal service, due to the urgency of filing the same and due tolack of messengerial personnel of the undersigned counsel for the petitioner at the moment.

ATTY. JUAN DELA CRUZCounsel for Plaintiff / Defendant

21Section 11, Rule 1. Priorities in mode of filing and service - Except with respect to papers emanating from the court, a resort to

other modes must be accompanied by a written explanation why the service or filing was not done personally . A violationof this Rule may be cause to consider the paper as not filed.


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AFFIDAVIT OF MAILING / SERVICE22


AFFIDAVIT

I, JOSE SANTOS, of legal, single, and resident of 22 Rizal Street, Manila, after being sworn inaccordance with law depose and say:

1. That I am the messenger of Atty. Juan Dela Cruz;

2. That I on March 3, 2007, at 10:30 AM, I mailed a copy of the attached Motion to Dismissdepositing the same in the post office of the City of Manila, in a properly sealed envelop, postageprepaid, and by registered mail, and plainly addressed to Atty. Pedro Santos, at his office at 42FEspana Towers, Espana, Manila, with instructions on the envelop to the postmaster to return themail to the sender after ten days if unclaimed;

3. That the registry receipt issue by the mailing officer is attached hereto;

(Paste Registry Receipt)

FURTHER AFFIANT SAYETH NAUGHT.

City of Manila, Philippines, March 3, 2007.

JOSE SANTOSAffiant

JURAT

22

Section 13, Rule 13. Proof of service by registered mail through affidavit and registry receipt Proof of personal service shallconsist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing afull statement of the date, place and manner of service. If the service is made by ordinary mail, proof thereof shall consist of anaffidavit of the person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered mail, proofshall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filedimmediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together with the certified or sworn copy of thenotice given by the postmaster to the addressee.


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AFFIDAVIT FOR PRELIMINARY ATTACHMENT


AFFIDAVIT

I, JUAN DELA CRUZ, of legal age and a resident of 13 E. Quintos Street, Manila, after havingbeen duly sworn to in accordance with law, hereby deposes and says:

1. That I am is the plaintiff in the above-entitled case;2. That there is sufficient cause of action existing against herein defendant;3. That this action is one of those specifically mentioned in Section 1 of Rule 5723 of the

Rules of Court, whereby a writ for preliminary attachment may issue, to wit:xxx xxx xxx

a. In an action for recovery of a specified amount of money or damages, other thanmoral and exemplary, on a cause of action arising from law, contract, quasi-contract,delict or quasi-delict against a party who is about to depart from the Philippines withintent to defraud his creditors.

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