Pink notes in legal forms

SAMPLES OF BASIC LEGAL FORMS

I. CAPTIONS

Under the Judiciary Reorganization Act of 1980 (BatasPambansa Blg.129), all courts except the Supreme Court, theSandiganbayan and the Court of Tax Appeals were abolishedand the following Courts were created: IntermediateAppellate Court; Regional Trial Court created in 13 JudicialRegions including the National Capital Regions and otherareas as may be established by law; Municipal Trial Courtsin cities and municipalities; and the Municipal CircuitTrial Courts. Under Executive Order No. 3 dated 1986, theIntermediate Appellate Court was renamed the Court ofAppeals.

The following are representative samples of Captionfiled in said courts:

REPUBLIC OF THE PHILIPPINESSUPREME COURT

REPUBLIC OF THE PHILIPPINESCOURT OF APPEALS

MANILA

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTManila, Branch 1

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

Bangued, Abra (Branch 1)

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT OF METRO MANILAManila, Branch 1

REPUBLIC OF THE PHILIPPINESMUNICIPAL TRIAL COURT

Dagupan City, (Branch 1)

REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGIONMUNICIPAL TRIAL COURTLingayen, Pangasinan

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGION

MUNICIPAL CIRCUIT TRIAL COURTSison, Pangasinan

JUAN DELA CRUZ Plaintiff,

Civil CaseNo.________ -versus- For Sum ofMoney

PEDRO SANTOS Defendant.

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

II. ACKNOWLEDGMENT; JURAT

ACKNOWLEDGMENT(Simple form)

REPUBLIC OF THE PHILIPPINES}PROVINCE OF } SSMUNICIPALITY }

BEFORE ME, this_____ day of _________, 2001 in theMunicipality of _________________, Province of_____________, Philippines, personally appeared_______________________ , with Residence Certificate No._______ issued at ________, on _______________ , and B.I.R.Tax Account No.________ known to me to be the same personwho executed the foregoing instrument, and he acknowledgedto me that the same is his free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand andaffixed my notarial seal, the day, year, and place abovewritten.

Notary Public

My Commission expires Dec. 31, 2001 IBP No. ________, 1/2/2001, Pasig City P.T.R. No. ______, 2/2/2001, Pasig CityDoc. No. _____;Page No. ____;Book No. _____Series of 20___

ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES

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

BEFORE ME this _____ day of _______________, 2001 inthe Municipality of _________________, Province of____________, Philippines, personally appeared______________________, with Community Tax Certificate No._________ issued at ________________ on ________________ andT.I.N. No. ________, known to me to be the same person whoexecuted the foregoing instrument, and he acknowledged to methat the same is his free act and deed.

This instrument, consisting of _____ pages, includingthe page on which this acknowledgement is written , he hasbeen signed on the left margin of each and every pagethereof by __________________ and his witness, and sealedwith my notarial seal.

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

NOTARY PUBLIC

My Commission expires Dec. 31,2001

IBP No. ______, 1/2/2001,Pasig City

P.T.R. No. ____, 2/2/2001,Pasig City

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

JURAT

SUBSCRIBED AND SWORN to me, in the Municipality of________, this ____th day of ______, 19 ____ by, _______with Community Certificate No. _____ issued at _____ on______, 2001.

NOTARY PUBLIC

My Comission expires Dec. 31,2001

IBP No. ______, 1/2/2001,Pasig City

P.T.R. No.____, 2/2/2001,Pasig City

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

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

VERIFICATION

JUAN DELA CRUZ, subscribing under oath, hereby deposesand states that:

I am the petitioner in the instant case.

I have read the foregoing Petition and the allegationstherein are true and correct of my own knowledge and/orbased on the records on hand.

I attest to the authenticity of the annexes thereof.

CERTIFICATION

I certify that:

a. I have not commenced any other action or proceedinginvolving the same issues in the Supreme Court, theCourt of Appeals, or different Divisions thereof, orany other tribunal or agency.

b. No such action or proceeding is pending in theSupreme Court, the Court of Appeals, or differentDivisions thereof, or any other tribunal or agency.

c. If I should learn that a similar action orproceeding has been filed or is pending before theSupreme Court, the Court of Appeals, or differentDivisions thereof, or any other tribunal or agency,I hereby undertake to notify this Honorable Courtwithin five (5) days from such notice.

_______________________ JUAN DELA CRUZ

JURAT

VERIFICATION AND CERTIFICATION

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

JUAN DELA CRUZ subscribing under oath, hereby deposesand states that: He is a petitioner (orrespondent/plaintiff/defendant) in this case. He has read theforegoing petition, and the allegations contained thereinare true and correct of his own knowledge and/or based onauthentic records. He attests to the authenticity of theannexes thereof.

Petitioner has not commenced any other action orproceeding involving the same issues in the Supreme Court,the Court of Appeals, or different Divisions thereof, or anyother tribunal or agency; No such action or proceeding ispending in the Supreme Court, the Court of Appeals ordifferent Divisions thereof, or any other tribunal oragency; If petitioner should learn that a similar action orproceeding has been filed or is pending before the SupremeCourt, the Court of Appeals, or different Divisions thereof,or any other tribunal or agency, he hereby undertakes tonotify this Honorable Court within 5 days therefrom.

_______________JUAN DELA

CRUZ Petitioner

SUBSCRIBED AND SWORN to before me this 27th day ofJanuary 2000 in the City of Manila, affiant exhibiting to meher Community Tax Certificate No. 12345678 issued on January3, 2000 in the City of Manila.

_________________ MARIA A.

SANTOS Notary PublicMy Commission Expires Dec. 31,

2001IBP No. _______, 1/16/2001,

Pasig CityPTR No. _______, 1/2/2001,

Pasig City

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

Copy Furnished:

1. Perez & Matias Law Offices49 Dapitan St. , Sampaloc Mla.(addressed to the Counsel of the adverse party)

EXPLANATION

EXPLANATION

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

_________________Counsel

III. AFFIDAVITS

AFFIDAVIT OF LOSSRepublic of the PhilippinesProvince OfMunicipality of

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

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

(Description of property)

That the said automobile had been duly registered inmy name in the Land Transportation Office in ___________ forthe year (or years) ____________;

That the certificate of registration and otherpertinent papers of ownership of said automobile were amongthose burned and destroyed on ____________ when my house andall my personal belongings were completely destroyed byfire;

That said papers are now beyond recovery.

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

______________________

(Signature of affiant)

JURAT

AFFIDAVIT OF SERVICE BY MAIL

Republic of the Philippines City of Manila

AFFIDAVIT OF SERVICE

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

That on ________________,2001 I served a copy of thefollowing pleading/paper by registered mail in accordancewith Sec. 10 of Rule 13 of the Rules of Court.

Nature of Pleading/Paper

____________________________________________________________________________________

in Case No. ____________ entitled _________________________by depositing a copy in the post office in a sealedenvelope, plainly addressed to the party (or his attorney)at his residence (or office) with postage fully paid, asevidenced by Registry Receipt No. _______________ attachedand with instructions to the post master to return the mailto sender after ten (10) days if undelivered.

In witness whereof, I have hereunto set my handthis_____ day of______, 2001, in the Municipalityof__________, Province of_________, Philippines.

_______________________ Signature of Affiant

AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION

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

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

That he is the Plaintiff in the above entitled case andis entitled to the relief demanded in the complaint in wholeor in part and such other relief consists in restraining thecommission or continuance of the acts complained of eitherfor a limited period or perpetually;

That the commission or continuance of the actscomplained of during the litigation will work injury toherein plaintiff and that the defendant is doing, threatens,or is about to do, or is procuring or suffering to be donethe acts tending to render the judgment ineffectual;

And that he is willing and ready to file a bond in theamount which may be fixed by the Court to the effect thathe, the plaintiff, will pay the defendant all the damages

which the latter may sustain by reason of the injunction ifthe court should finally decide that the plaintiff was notentitled thereto.

FURTHER AFFIANT SAYETH NAUGHT.

_______________________ Affiant

JURAT

COMPLAINT WITH PRAYER FOR ATTACHMENT

(NOTE: First, state the facts showing plaintiff’s right toattach defendant’s properties)

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

AFFIDAVIT

X, of legal age and a resident of the City of Manila,Philippines, after having been duly sworn to in accordancewith law, hereby deposes and says:

That he is the Plaintiff in the above entitled case;

That there is sufficient cause of action;

That the defendant has removed or disposed of hisproperty, or is about to do so with intent to defraud hiscreditor, the herein plaintiff-affiant;

That he is filing a bond in the amount ofP_________________;

That the amount claimed in the action is as much as thesum which the order is prayed for above all legalcounterclaims.


_____________________ Affiant

JURAT

AFFIDAVIT IN PETITION FOR RECEIVERSHIP

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

AFFIDAVIT

A, of legal age, married and a resident of the City ofManila, Philippines, after having duly sworn in accordancewith law, hereby deposes and says:

That he is the Plaintiff in the above titled case andthat he has read the foregoing complaint and that the factstherein stated are true and correct;

That he is the owner of the estate as pro-indivisoowner of the same with the defendant;

That the defendant is in actual physical possession ofthe property in litigation and as such, he is in control ofthe produce of the said property pending litigation;

That the produce or income from said property are indanger of being lost, removed or materially injured unless areceiver be appointed to guard and preserve the same, andthe defendant is not only hostile to the plaintiff but alsoshows his demands to exclude said plaintiff from all theproducts or proceeds coming from the said property;

That the defendant is hopelessly insolvent for he isheavily indebted to various persons;

That he is willing and ready to file a bond in theamount which this Honorable Court may fix in favor of thedefendant against whom this receivership is presented to theeffect that he, the plaintiff will pay to the said defendantall damages which he will sustain by reason of theappointment of receiver in case the plaintiff shall haveprocured such appointment without sufficient cause, and such

other bonds which this Honorable Court may require him tofile hereafter, as security for such damages.


______________________

(Affiant)

JURAT

SINUMPAANG SALAYSAY

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

SINUMPAANG SALAYSAY

AKO, JUAN DELA CRUZ, 30 taong gulang, binata atnaninirahan sa Brgy. San Roque, Cainta Rizal, mataposmakapanumpa ng ayon sa batas ay malaya at kusang loob nanagpapahayag ng mga sumusunod:

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

2. Na noong ika-12 ng Mayo, taong kasalukuyan, nagpuntaako sa SM Megamall sa may EDSA upang bumili nglibro. Iniwan ko ang nasabing sasakyan sa ‘parkinglot’ sa harapan SM ngunit nang ako ay bumalik sanaturang ‘parking lot’ ay wala na roon ang akingsasakyan.

3. Na matapos ang ilang oras na masusing paghahanap, satulong ng mga guwardiya ns SM, ay hindi ko natagpuanang aking sasakyan. Marahil ito ay “na-carnap” .

4. Na ginawa ko ang Sinumpaang Salaysay na ito upangaking patunayan ang buong katotohanan ng akingsalaysay na nasa itaas at paninidigan ko ito saanman at kanino pa man.

SA KATUNAYAN ay nilagdaan ko ito ngayong ika-15 ngMayo, 2000, dito sa Cainta Rizal.

_______________________ JUAN DELA

CRUZ

SINUMPAAN AT NILAGDAAN sa harap ko ngayong ika-15ng Mayo, 2000 dito sa Cainta Rizal.

_______________________ MARIA SANTOS Notaryo Publiko

Hanggang Disyembre31,2001

IBP No. _____,1/2/2001, Pasig City

PTR No. ____1/15/2001, Pasig City

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

IV. NEGOTIABLE INSTRUMENTS

PROMISSORY NOTE

(Date)P_____________ ____________________, Philippines

________ months (or days) after date, I promise to pay,for value received, to _____________________ or order thesum of _______________________PESOS, with interest at______percent per annum after maturity until paid. Themakers and indorsers severally waive presentment forpayment, protest, and notice of non-payment of this note.

_____________________Maker

BILLS OF EXCHANGE

Manila, May ______,2000

For value received, pay to _________________________ ororder the sum of ___________________(P__________) PESOS,Philippine Currency, and charge the same to the account of.

(Signature ofDrawer)

TO: (Name of Drawee)Address

CHECK

No.__________________

PHILIPPINE NATIONAL BANKManila, Philippines

Manila, Philippines ____________,2001

PAY to ______________________________ or order/bearerPESOS ______________________________

_____________________(Signature)

P __________________________ (Philippine Currency)

V. CONTRACTS OR AGREEMENTS

LEGAL (CONVEYANCING) FORMS

(Note: if the deed/ contract is unilateral i.e., when thevendee assumes no obligation, thee is no need for the vendeeto sign the contract/ deed nor the acknowledgment; however,if vendee is obliged to perform something, he must sign boththe deed and the acknowledgment.)

DEED OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, (Full name of vendor), filipino citizen,single/married to ___________________, of legal age withresidence and post-office address at_______________________;

For and in consideration of the sum of__________________ PESOS (P_______), Philippine currency, toin hand paid by (Full name of vendee) filipino citizen, oflegal age, with residence and post office address at______________, Do hereby SELL, TRANSFER, AND CONVEY, absolutely andunconditionally, unto the said __________________ his/herheirs and assigns, that certain parcel (or parcels of lands,together with the buildings and improvements thereon),situated in (city or municipality, and province), and moreparticularly described as follows, to wit:


of which I am the registered owner in fee simple inaccordance with the Land Registration Act, my title theretobeing evidenced by Transfer (or Original) Certificate ofTitle No. ________, issued by the Register of Deeds of___________.

It is hereby mutually agreed that the vendee shall bearall the expenses for the execution and registration of thisdeed of sale.

IN WITNESSS WHEREOF, I have hereunto signed this deedof sale, this _______day of _________, 20______ at (city ormunicipality), Philippines.

______________________________________(Vendor) (Vendee)

With my marital consent (if married):

________________(Vendor’s wife)

SIGNED IN THE PRESENCE OF:

_______________________________________________________

(Witness)(Witness)

ACKNOWLEDGMENT

DEED OF SALE UNDER PACTO DE RETRO


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

(full name of vendor), Filipino , of legal age, single (ormarried to _________________), with residence and post-office address at _______________________, hereinaftercalled the VENDOR, and

(full name of vendee), Filipino, of legal age, single (ormarried to _________________), with residence and post-office address at _______________________, hereinaftercalled the VENDEE.

That the VENDOR is the absolute owner of a certainparcel with all the buildings and improvements thereon,situated in ____________________, and more particularlydescribed as follows, to wit:

(copy description stated in the certificate of title),

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

That the VENDOR, a retro, in executing this conveyance,hereby reserves the right to REPURCHASE and the VENDEE, in accepting the same, hereby obligates himself to RESELL, the property herein conveyed within the period of _______ years from and after the date of this instrument, for the same price of ________________________ PESOS (P________), Philippine currency; Provided, however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period stipulated, then this conveyance shall become absolute and irrevocable, without the necessityof drawing up a new deed of absolute sale, subject to the requirements of the law regarding consolidation of ownershipof real property.

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

______________________________________________________

(Vendor) (Vendee)

With my marital consent (If married):

_____________________________ (Vendor’s wife)


_________________________________________________________

ACKNOWLEDGMENT

DEED OF SALE OF PERSONAL PROPERTY


That I, ______________, of legal age, single, Filipino,residing and with postal address at ____________________ forand in consideration of the sum of P __________ havetransferred and conveyed by way of absolute sale unto________ Honda CRV car with plate No. ______, Motor No.________, Chassis No. ______, of which I am the absoluteowner, free from all liens and encumbrances.

_______________Seller

WITNESSES:__________________________________________

ACKNOWLEDGMENT

CONTRACT OF SALE INVOLVING REAL PROPERTY


That I, ______________, of legal age, Filipino,residing and with postal address at ________________ for andin consideration of the sum of P __________ receipt of whichis hereby acknowledged have transferred and conveyed by wayof absolute sale unto ___________ of legal age, Filipino,residing at and with postal address at ________________ thatparcel of land with the improvements thereon whose technicaldescription is as follows:(Copy of description)of which I am the absolute owner, my title thereto beingevidenced by TCT No. _______ of the Register of Deeds of_____________ free from all liens and encumbrances.

Seller

In the presence of:_______________________________________________

(NOTE: Unilateral – no need for the vendee to sign,however, if vendee is obliged to perform something, hemust sign.)

ACKNOWLEDGMENT

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

In the City of Manila, this ____ day of ______,2001,personally appeared before me _____________ with CommunityTax Certificate No. ________ on _____19 ____ issued at______on ______, 20_____, known to me to be the same person whoexecuted the foregoing instrument of sale over one parcel ofland, which instrument consists of two (2) pages includingthe page on which this acknowledgment appears and signed onthe left margin of each and every page by the partyexecuting this instrument and his witnesses. Said partyacknowledges to me that the same is his voluntary act anddeed.

IN WITNESS WHEREOF, I have hereunto set my hand andaffixed my notarial seal at the City of Manila on this _____day of _____, 20____.

NOTARY PUBLICMy Comission expires Dec. 31,

2001IBP No. ______, 1/2/2001,

Pasig CityP.T.R. No.____, 2/2/2001,

Pasig City

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

LEASE OF REAL PROPERTY

1. This agreement entered into by and between (state theparties: lessor and lessee)

2. In consideration of the rent and other covenantshereinafter set forth, the LESSOR hereby leases to theLESSEE that the residential house located at ____________belonging to the LESSOR and covered by TCT No. _____.

3. The term of this lease shall be for a period of_________.

4. Rent shall be paid at the rate of P______ per monthwithin the first five (5) days of each month.

5. Major and minor repairs shall be for the account of theLESSOR.

6. Taxes and assessments shall be for the account of theLESSOR, while expenses for lights, water and otherutilities shall be for the account of the LESSEE.

IN WITNESS WHEREOF…………..

______________________________________ (Lessor)(Lessee)

ACKNOWLEDGMENT

LEASE OF PERSONAL PROPERTY


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

IN WITNESS WHEREOF ………

__________________ __________________

(Lessor ) (Lessee)

ACKNOWLEDGMENT

REAL ESTATE MORTGAGE


I, (full name of mortgagor), Filipino citizen, of legalage, married to ___________________, and with residence andpost-office address at ___________________, for and inconsideration of a loan in the sum of ___________________PESOS (P____________), Philippine currency, to me in handpaid by (full name of the mortgagee), Filipino, of legalage, single/married to ___________________, and withresidence and post-office address at ___________________, dohereby convey, by way of MORTGAGE unto the said (full nameof the mortgagee), his/her heirs and assigns, that certainparcel of land, together with all the buildings andimprovements thereon, situated in ____________________,particularly described as follows:


of which real property I am the registered owner evidencedby Original/Transfer Certificate of Title No._________ ofthe Land Registry of _____________: PROVIDED, HOWEVER, thatif I the said (full name of mortgagor) shall pay or cause tobe paid to said (Full name of mortgagee), his heirs orassigns, the said sum of _________________ PESOS

(P____________), within the period of ______________ (____)years from and after the execution of this MORTGAGE togetherwith the interest thereon at the rate of _________ percentum (____%) per annum, this MORTGAGE shall be dischargedand of no effect; OTHERWISE, it shall remain in full forceand effect and shall be enforceable in the manner providedfor by law.

IN WITNESS WHEREOF, I have hereunto set my hands this_____ day of ______________, 20____, in _______________,Philippines.

________________ _________________ ( Mortgagor) (Mortgagee)

With my marital consent (if married:)

____________________ (Wife of Mortgagor)


_______________________________________________________

ACKNOWLEDGMENT

CHATTEL MORTGAGE


This CHATTEL MORTGAGE, made and executed by (Full nameof mortgagor), Filipino, of legal age, single (or married tomortgagor), with residence and post-office address at___________________ hereinafter called the MORTGAGOR, infavor of (full name of mortgagee), Filipino, of legal age,single (or married to ______________), with residence andpost-office address at ________________ hereinafter calledthe MORTGAGEE, witnesseth:

That the MORTGAGOR does hereby convey by way of chattelmortgage unto the MORTGAGEE, the following describedpersonal property, situated and ordinarily presently in the

possession of the said MORTGAGOR, to wit_____________________

(specify and describe the article or articles mortgaged).

That this CHATTEL MORTAGE is given as security for thepayment of the MORTGAGEE, of a certain promissory note,dated _____________ for the sum of ______________ PESOS(P________) with interest thereon at the rate of ___________per centum (_____%) per annum, according to the termsthereof.

(copy of the promissory note)

That the condition of this CHATTEL MORTGAGE is suchthat if the said MORTGAGOR, his heirs, executors, oradministrators shall well and truly perform the fullobligation above stated according to the terms thereof, thisCHATTEL MORTGAGE shall be null and void, otherwise, it shallremain in full force and effect and shall be enforceable inthe manner provided by law.

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

__________________ _________________ (Mortgagor)(Mortgagee)


______________________________________________________

ACKNOWLEDGMENT

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR and MORTGAGEE, severallyswear that the foregoing chattel mortgage is made andexecuted for the purpose of securing the obligationspecified therein, and for no other purpose, and that the

same is a just and valid obligation, and one not enteredinto for the purposes of fraud.

_______________________________________________________

(Mortgagor)(Mortgagee)

JURAT

EASEMENT OF RIGHT OF WAY


This AGREEMENT OF EASEMENT OF RIGHT OF WAY, enteredinto this ______ day of ______________, 2001 by and between“A” owner of the dominant estate, of legal age, single (ormarried to ___________________) and a resident of_________________ and “B” , owner of the servient estate,also of legal age, single (or married to____________________), and a resident of________________________ witnesseth:

That “A” is the owner of a parcel of agricultural landlocated in the municipality of ________________, province of________________, and more particularly described asfollows, to wit:

(Description of “A’s” property)

which property is covered by T.C.T. No. ________ of theRegister of Deeds of ______________, province of_______________, which lot is adjacent to “A’s” property,and more particularly described as follows, to wit:

(Description of “B’s” property)

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

That “A” in order to have an access to and from, and tocultivate the above-mentioned land, and so as to have anoutlet to ________________, which is the nearest public roadand least burdensome to the servient estate and to thirdpersons, it would be necessary for him to pass through “B’s”property, and for this purpose, a path or passageway of notless than two (2) meters wide through the whole length of

the western side of “B’s” property is necessary for the useof “A” and for all his needs in cultivating his estate;

That said path or passageway is particularly describedin the attached plan, “Annex A’,

WHEREFORE, for and in consideration of the sum of_____________________ PESOS (P_________) the receipt whereofis hereby acknowledged by “B”, the latter agrees and permits“A” to have a permanent easement of right of way over theabove-mentioned property of said “B” limited to not morethan two (2) meters wide throughout the whole length of thewestern side of said property and as specifically indicatedin the attached plan which is made an integral part of thiscontract, as “Annex A”.

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

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

IN WITNESS WHEREOF, the parties hereto have signed thisagreement the day and the year first above written, in themunicipality of _______________, province of_______________, Philippines.

____________________________________________________ (Signature of owner of the

(Signature of owner of dominant estate)servient estate)


_____________________________________________________

ACKNOWLEDGMENT

POWER OF ATTORNEY

ACKNOWLEDGEMENT

GENERAL POWER OF ATTORNEY


I, ___________________, of legal age, single (ormarried to ______________), resident of ________________, dohereby name, constitute and appoint ___________________, tobe my true and lawful attorney, for me and in my name, placeand stead to do and perform the following acts and things,to wit:

To ask, demand, sue for, recover or collect anyand all sums of money and other things of value ofwhatever nature or kind as may now be or hereafterbecome due, owing , payable or belonging to me, and tohave, sue, and to take any and all lawful ways andmeans for the recovery thereof by suit.

To make, sign, execute, and deliver contracts,documents, agreements, and other writings of whatevernature.

HEREBY GIVING AND GRANTING unto my said Attorney fullpower and authority whatsoever requisite or necessary orproper to be done in and about the premises as fully to allintents and purposes as I might or could lawfully do ifpersonally present, with power of substitution andrevocation, and hereby ratifying and confirming that allthat my said attorney or his substitute shall lawfully do orcause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my hand this_______ day of ________________, 2001, in ________________,Philippines.

_______________________(Principal)


________________________________________________

ACKNOWLEDGMENT

SPECIAL POWER OF ATTORNEY


I, _________________________, of legal age, single (ormarried to _________________), resident of____________________, do hereby name, constitute and appoint__________________, of legal age, single or married),resident of _______________, to be my true and lawfulattorney, for me and in my name, place and stead within theperiod of_____ months (or years), to SELL, TRANSFER andCONVEY, for the price not less than____________________PESOS (P___________), PhilippineCurrency, to whosoever may purchase or buy my Honda CRV carwith plate No._____________, Motor No._________, and ChasisNo._________________, of which I am the absolute owner, freefrom all liens and encumbrances; and

HEREBY GIVING AND GRANTING unto my said attorney fullpowers and authority to do and perform all and every actrequisite or necessary to carry into effect the foregoingauthority to sell, as fully to all intents and purposes as Imight or could lawfully do if personally present, with fullpower of substitution or revocation , and hereby ratifyingand confirming all that my said attorney or his substituteshall lawfully do or cause to be done by virtue hereof .

IN WITNESS WHEREOF, I have se my hand this________ dayof _____________________, 2001, in_____________________,Philippines.

____________________

Principal

Signed in the presence of:

________________________________________

ACKNOWLEDGMENT

VI. DONATIONS AND WILLS

DONATION INTER VIVOS/MORTIS CAUSA


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

- favor of-_______________________,of legal age, single/married to_______________,

Filipino citizen and with residence and postal address at_______________, hereinafter called the DONEE.

WITNESSETH:

That the Donor is the absolute owner of that certainreal property situated at ____________ and more particularlydescribed as follows:(description of the property)

That, for and in consideration of the love andaffection of the Donor for the Donee (and for the faithfulservices the latter has rendered in the past to the former),the said Donor by these presents hereby cedes, transfers,and conveys, by way of donation, unto said Donee the realproperty above described, together with all the buildingsand improvements existing thereon, free and clear of allliens and encumbrances.

ACCEPTANCE

That the Donee does hereby accepts the foregoingdonation of the above-mentioned described property for whichhe/she expresses his/her sincerest appreciation andgratitude for the kindness and liberty shown by the Donor.

(NOTE:If inter vivos, state the following)“The donor hereby states that , for the purpose of giving effect to the

donation, he has reserved for himself in full ownership sufficient property tosupport him in a manner appropriate to his needs)

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

(NOTE: In case of donation mortis causa, an attestationclause is included and is signed by 3 witnesses. State thatthe donation shall become effective upon the death upon thedeath of the donor, but in the effect that the donee shoulddie before the donor, the present donation shall be deemedrescinded and of no further force and effect.

In case of donation inter vivos, only 2 witnesses areneeded to sign).

WILLS

HOLOGRAPHIC WILL

(NOTE: This should be handwritten)

15, May 2000

I, ____________________, of _____________________ beingof sound mind and disposing mind, do hereby declare this tobe my last will and testament which I have written in my ownhandwriting in English, a language known to me, and I herebydeclare that all my properties shall upon my death bedistributed to my wife __________________ and to my onlychild ____________________ share and share alike.

Juan Dela Cruz

NOTARIAL WILL

LAST WILL AND TESTAMENT

Of

__________________________(Name of Testator)


I, _____________________, of legal age, single (ormarried to_____________), a native of 20___; now actuallyresiding at ____________________, being of sound anddisposing mind and memory, and not acting under influence,violence, fraud or intimidation of whatever kind, do bythese presents declare this to be my Last Will and Testamentwhich I have caused to be written in English, the languagewhich is known to me. And I hereby declare that:

I. The following are my children (Names) with theiraddress

I give and bequeath to my children _____________,________________,And ________________, in equal shares, thefollowing properties, real and personal,whatsoever and wheresoever located:

(Description)

II. I designate ________________ the sole executor ofthis my Last Will and Testament.

IN WITNESS WHEREOF, I have hereunto set my hand this______ day of ___________________, 2001, in______________, Philippines.

____________________ (Signature of Testator)

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, whoseresidences are stated opposite our respective names, dohereby certify: That the testator,___________________, has published unto us theforegoing will consisting of _______ pages numberedcorrelatively in letters on the upper part of eachpage, as his/her Last Will and Testament and has signedthe same and every page thereof, on the margin, in ourjoint presence and we, in turn, at his/her request havewitnessed and signed the same and every page thereof,on the left margin, in the presence of the testator andin the presence of each and all of us.

(Signature of at least three witnesses)

___________________________________________ (Witness)(Residence)

___________________________________________

(Witness)(Residence)

_____________________________________________________ (Witness) (Residence)

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in theCity/Municipality of _________________, Philippines this______ day of _________________, 2001, personally appeared:

The testator, with C.T.C. No. _____________ issuedat _________________ on _________________, 2001;

Witness, with C.T.C. No. _____________ issued at__________________ on ________________, 2001;



all known to me to be the same persons who signed theforegoing Will, the first as testator and the last three asinstrumental witnesses, and they respectively acknowledge tome that they signed the same as their own free will anddeed.

This Will consists of ______ pages, including the pagein which this acknowledgment is written, and has been signedon the left margin of each and every page thereof by thetestator and his witnesses, and sealed with my notarialseal.

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

NOTARY PUBLIC My commission expires

Dec. 31, 2001 IBP No. ______,

1/2/2001, Pasig City PTR No. _____,

2/2/2001, Pasig City

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

VI. PLEADINGS

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

A. MISCELLANEOUS CIVIL PLEADINGS

COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause ofAction)

(Caption)

COMPLAINT

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

1. That the plaintiff is of legal age, Filipinocitizen and resident of

No.7 Agoo Street, Quezon City and the defendant is also oflegal age, Filipino citizen and a resident of No. 19 DagupanStreet, Tondo, Manila where he may be served with summons;

2. That on or about January 1, 1983, defendantobtained a loan of

P20,000.00 from the plaintiff payable within 90 days fromdate of receipt at 12% per annum;

3. That said loan, now overdue, is evidenced bya promissory note

signed by the defendant, a copy of which is hereto attachedas “annex A” and made part of this complaint;

4. That despite repeated demands, both writtenand oral, defendant

has failed and refused to apply said loan;

5. That due to the unjust and unlawful act ofthe defendant to comply

with the said demands, the plaintiff was compelled toinstitute this action engaging the services of counsel inthe amount of P1,000.00

WHEREFORE, it is respectfully prayed that judgmentbe rendered against the defendant to pay the plaintiff thesum of P20,000.00 plus interest of 12% from the date of theinstrument until full amount is payed and attorney’s fees inthe amount of P1,000.00 and costs of the suit.

Other equitable reliefs are likewise prayed for.

___________________, 1991, Quezon City.

________________________ Attorney for

Plaintiff

________________________ Address

P.T.R. No.______ Date & Placeof Issue______

IBP O.R. No._____ Date &Place of Issue_____

COMPLAINT (SEVERAL CAUSES OF ACTION)

Plaintiff Alleges:First Cause of Action

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

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

(insert copy of the promissory note or use asAnnex)

3. That defendant has not paid promissory note, nor anypart thereof or interest thereon;

As Second Cause of Action:

1. Plaintiff hereby incorporates the allegations ofparagraph 1 of the first cause of action;

2. That on the 19th of August 1983, defendant executed anddelivered to the plaintiff his promissory note in thefollowing words and figures, to wit:

(insert copy of promissory note)

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

WHEREFORE, it is respectfully prayed that judgment berendered in favor of

Plaintiff and against defendant for the sum of (the totalamount of the promissory notes) with interest at the rate ofsix percentum per annum on each of the aforesaid notes,until paid; interest at the legal rate on the interest duefrom the time of the filing of the complaint and attorney’sfees plus costs.

PLAINTIFF, further prays for such other relief as thisHonrable Court may deem just and equitable in the premises.

Manila, Philippines, October 10, 1987.

JOSECRUZ

Attorney forthe Plaintiff

311 Regina Building,Manila

P.T.R. No.__ & IBPReceipt No. __

CERTIFICATION OF NON-FORUM SHOPPING

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM

JUAN DELA CRUZ Plaintiff,

CIVIL CASE NO. 12368 -versus-

PEDRO SANTOSDefendant,

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

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM

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

1. Defendant admits the averment in paragraph 1,2 and3 of the complaint;

2. Defendant specifically denies the allegation inparagraph 4 of the complaint, the truth beingthat…. ( State here the fact being claimed by thedefendant as the true state of facts or the truthbeing those stated in the special and affirmativedefenses herein set forth)

3. Defendant has no knowledge or information to forma belief as to the truth of the averment inparagraphs 5,6,7 and 8 of the complaint;

By way of special and affirmative defenses, defendantavers:

1. That the obligation has been paid;

2. That the defendant had purchases said land fromplaintiff and paid said promissory notes;

3. That the cause of action has prescribed.

By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and maliciousact initiated by the plaintiff, defendant wasforced to engage counsel in the sum of P10,000.00.

WHEREFORE, it is respectfully prayed that the complaintbe dismissed and

defendant be awarded the amount of P5,000.00

Other equitable reliefs are likewise prayed for.

Manila, Philippines, May 27, 2000.

ERNESTO FLORES

Attorney for theDefendant

_______________________ Address

P.T.R. No.______ Date & Placeof Issue______ IBP O.R.No._____ Date & Place of Issue_____

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

ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH

THAT Defendant specifically denies under oath thegenuiness and due execution of the instrument a copy ofwhich is attached to Plaintiff’s complaint as Annex “A”, thetruth being that his signature thereon is forged and that hedid not in fact sign the said instrument.

ERNESTO FLORES Attorney for the Defendant

_________________________ Address

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

VERIFICATION

(Or Oath of the Defendant)

______________________

Defendant

JURAT

MOTIONS

(NOTE: All motions must be addressed to theother/adverse party; it must contain a notice of hearing andproof of service or an explanation why personal service wasnot resorted to.

MOTION TO INTERVENE

COMES NOW X, by his under signed counsel, to thisHonorable Court respectfully prays that he be permitted tointervene in this case as a party plaintiff (or as a partydefendant) on the ground that he has legal interest in thematter under litigation, and that he may be adverselyaffected in these proceedings as shown in the attachedComplaint-in-Intervention (or answer in intervention).

WHEREFORE, it is respectfully prayed that X be allowedto intervene as party plaintiff (or defendant) and theattached complaint be admitted and served on the defendant(or answer be admitted and X be allowed to serve copy of the same to thePlaintiff).

Atty. Y Counsel

for X

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

MOTION TO QUASH

COMES NOW X, accused in the above titled case, throughhis undersigned attorney and respectfully moves to quash theinformation filed against him on the ground that:

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

ARGUMENTS

( here set forth the reasons in support of the motion toquash)

WHEREFORE, it is respectfully prayed that theinformation filed against the accused be dismissed.

( notice of hearing)

MOTION TO DISMISS

NOW COMES Defendant, by his undersigned attorney, tothis Honorable Court and respectfully moves that thecomplaint be dismissed on the following grounds:

( here mention one or more grounds provided for in Rule16, Rules of Court) 1. Lack of Jurisdiction; 2. Payment;3. Novation; 4. Prescription; 5. Lack of capacity.

ARGUMENTS

( here set forth the reasons in support of the groundsmentioned)

WHEREFORE, it is respectfully prayed that the complaintbe dismissed.

(With Notice of Hearing, Proof of Service andExplanation)

MOTION FORNEW TRIAL

NOW COMES Defendant (or plaintiff) by his undersignedattorney to this Honorable Court and respectfully moves thatthe decision of this Honorable Court dated March 1, 1987 andreceived on March 7, 1988 be set aside and new trial begranted on the following grounds:

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

ARGUMENTS

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

WHEREFORE, it is respectfully prayed that the decisionof this Honorable Court be set aside and new trial begranted.


MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL

COMES NOW, JRC, Counsel on record for the defendant andto this Honorable Court respectfully moves to withdraw ascounsel of said defendant with the express consent of saiddefendant as shown in this motion;

That in the substitution thereof, Atty. BFG whoseservices have been engaged by defendant hereby enters hisappearance as counsel for defendant;

That upon approval of this Honorable Court, allpleadings, notices, and papers in connection with this casebe addressed to new counsel BFG with address at No. 7 Sta.Catalina, Sampaloc, Manila.

With my consent:___________________________

BFG New counsel________________________

Address

P.T.R. No.______ Date & Placeof Issue______

IBP O.R. No._____ Date &Place of Issue_____

(copy furnished: adverse counsel)

(Proof of Service and Explanation)

MOTION FOR POSTPONEMENT OF HEARING

COMES NOW Defendant through undersigned counsel untothis Honorable Court respectfully states:

That the above entitled case is set for hearing on July7, 1988;

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

WHEREFORE, it is respectfully prayed that the hearingset on July 7, 1988 be reset to another day preferably onthe first week of August 1988 or at the convenience of thisHonorable Court.

Manila, Philippines, July 2, 1988.

Sgd. ALC

Counsel for defendant

(Notice of Hearing)

(Proof of Service and Explanation)

MOTION FOR JUDGMENT ON THE PLEADINGS

COMES NOW, the Plaintiff through the undersignedcounsel and to this Honorable Court respectfully alleged:

1. That in the answer of defendant filed on July 1,1988 be admitted having signed the promissory noteand merely interposed defense that he was askingfor time within which to pay the obligation.

2. That said answer does not tender any issue and infact it can be read therefrom that defendantadmitted his obligation.

WHEREFORE, it is respectfully prayed that thisHonorable Court render judgement on the pleadings.

Manila, Philippines, July 5, 1988.

XYZ

Counsel for Plaintiff


MOTION FOR EXECUTION OF JUDGMENT

COMES NOW, the Plaintiff through undersigned counseland to this Honorable Court respectfully alleged:

1. That judgment was rendered by this Honorable Courtin favor of the

2. plaintiff on June 1, 1988.3. That said judgment was duly received by the

defendant on June 5, 1988 as shown in the registryreturn card;

4. That up to the present, the defendant had notfiled any motion for reconsideration or hadappealed from said decision, hence the decisionhas become final and executory.

WHEREFORE, it is respectfully prayed that an order beissued by this Honorable Court for a writ of execution ofsaid judgment.

Manila, Philippines. July 5, 1988.

XYZ

Counsel for Plaintiff


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

The Branch Clerk of courtRegionalTrial CourtNational Capital Judicial RegionBranch______, Makati, Metro Manila

GREETINGS:

Considering the urgency and non-litigious nature of theabove motion, please submit the same forthwith upon receiptfor the consideration and approval of the Honorable Court.

_______________________ (Counsel for the Defendant)

B. PROVISIONAL REMEDIES

PETITION FOR INJUNCTION

(NOTE: Must allege acts that should be enjoined and the basis for petitioners claim why they should be enjoined.)

THAT the continuance of the acts aforementioned duringthe present litigation will not only cause great andirreparable injury but will also work injustice to theplaintiff.

PETITION FOR INJUNCTION

(Caption and Title)

PETITION

Plaintiff, through counsel alleges:

1. (Averment of names and residences)2. (State in logical order the facts of plaintiff’s

complaint stating the grounds for the issuance ofpreliminary injunction)

PRAYER

Attorney for Plaintiff

Address

VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING(NOTE: The form for Affidavit in support of Injunction)

JURAT

COMPLAINT FOR RECOVERY OF PERSONAL PROPERTY(Replevin)

(CAPTION AND TITLE)

COMES NOW, the Plaintiff, through the undersignedcounsel in the above entitled case and to this HonorableCourt alleges:

1. That said plaintiff is the lawful owner of thefollowing described personal property;

2. That on or about the 1st day of March 1988, hereindefendant borrowed said property from Plaintiffpromising to return the same the next day;

3. That on April 1, 1988, and for 10 days thereafter,the herein Plaintiff demanded for the return ofthe said property but despite repeated demands,said Defendant refused and still refuses to returnthe said property claiming that the same belongsto him;

4. That said property has not been taken from thesaid plaintiff for tax assessment or fine pursuantto law, or seized under an execution, orattachment against the property of the Plaintiff(or if so seized, that it is exempted from suchseizure);

5. That the actual value of the said personalproperty is P10, 000.00;

6. That the herein plaintiff is ready and willing tofile a bond, executed to the defendant in doublethe value of the property stated above, for thereturn of the property to the Defendant if thereturn thereof be adjudged, and for the payment tothe Defendant of such sum as he may recover fromthe Plaintiff in the auction.

WHEREFORE, Plaintiff prays for judgment:

1. Ordering the sheriff or other officer of the Courtforthwith to take such property into his custody andto dispose of it in accordance with the Rules ofCourt;

2. After trial of the issues, adjudging that thePlaintiff has the right to the possession of saidpersonal property and rendering judgment in thealternative against the Defendant for the deliverythereof to the Plaintiff of the value thereof incase delivery cannot be made;

3. Ordering the defendant to pay the costs of thissuit, and for such other equitable relief in thepremises.

_________________________

Counsel

VERIFICATION & CERTIFICATION ON NON-FORUM SHOPPING

JURAT

C. SPECIAL CIVIL ACTIONS

REQUIREMENTS IN PETITION FOR CERTIORARI, PROHIBITION &MANDAMUS

(NOTE: In petitions for certiorari, prohibition, andmandamus, insert allegations that the lower court ortribunal acted in excess of jurisdiction, or withoutjurisdiction, or with grave abuse of discretion amounting tolack of or in excess of jurisdiction, attaching as annexesto the first original copy of the petition certified truecopies of the orders complained of, and then these threemust always state that petitioner has no other plain,adequate remedy in the ordinary course of law. Mandamusrequires the allegation that the remedy sought for isimmaterial. All three petitions must be verified inaccordance with the new SC Circular and with Certificationon Non-Forum Shopping).

COMPLAINT FOR EJECTMENT

XYZ Plaintiff,

CIVIL CASE NO._______________-versus-

ABC Defendant.x---------------------------x

COMPLAINT

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

I

That the plaintiff is of legal age and a resident ofthe City of Manila; that defendant is likewise of legal age,

residing at No. 2 Cruz Street, Manila and may be served withsummons at said address;

II

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

III

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

IVx`

That on March 7, 2001, demands was made on defendant topay his rental in arrears and vacate the premises, butdespite said demands, written and oral, defendant failed andrefused to pay the rentals in arrears and vacate thepremises leased by him;

V

As a result, plaintiff was constrained to institutethis case, incurring in the process obligations forlitigation expenses and attorney’s fess in the amount of_______________

PRAYER

WHEREFORE, it is respectfully prayed that judgment berendered against the defendant ordering him:

1. To vacate the premises leased by him;

2. To pay the monthly sum of P1, 000.00 beginningwith the month of __________, 2001, with interestthereon at the legal rate until fully paid untilthe defendant vacates said premises;

3. To pay the sum of P_________ as litigationexpenses and attorney’s fees.

Plaintiff further prays for such other reliefs as thisCourt may deem just and equitable.

Manila, Philippines, May 1, 2001.

DEFGAttorney for the

Plaintiff

_________________________________Address

P.T.R. No._______ Date & Place ofIssue_____

IBP O.R. No._____ Date & Place ofIssue_____


_______________________Plaintiff

JURAT

COMPLAINT FOR FORECLOSURE OF MORTGAGE

COMPLAINT

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

That on March 6, 1988, defendant executed a promissorynote (Annex A hereof) in favor of the plaintiff in terms andconditions as follows:

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

defendant executed on March 1, 1988 a Deed of Mortgage infavor of plaintiff over a parcel of land whose technicaldescription is as follows:

(COPY DESCRIPTION)

Copy of said Deed of Mortgage is attached hereto,marked annex “B” and made as integral part of thiscomplaint;

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

That payment of said promissory note is long overdueand defendant has failed to pay the same despite repeateddemands;

WHEREFORE, it is respectfully prayed that judgment beissued in favor of the plaintiff, ordering the defendant topay:

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

2. That the aforementioned parcel of land be sold ata public auction should the defendant fail to paythe sums set forth in this complaint and apply theproceeds thereof in accordance with thedispositions of law.

DEFGAttorney for the

Plaintiff

________________________________________Address

P.T.R. No._______ Date & Place ofIssue_____

IBP O.R. No._____ Date & Place ofIssue_____


_______________________Plaintiff

JURAT

VERIFICATION

D. SPECIAL PROCEEDINGS

PETITION FOR HABEAS CORPUS

NOW COMES X, the petitioner, by his undersignedattorney, to this Honorable Court and respectfullyrepresents:

That he is the father of Y, who is presently in thecustody of Z, maternal grandmother of Y, who (Z) forciblyabducted him (Y) and up to now actually restrains him (Y) ofhis liberty;

That despite demands, Z refuses to turn over thecustody of Y to your petitioner;

WHEREFORE, it is respectfully prayed that an order beissued to Z to bring the minor to this Honorable Court atthe hour and date to be set by this Honorable Court, andthereafter that the custody of the minor Y be turned over toyour petitioner.

_________________________ Counsel

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING(by Petitioner)

X, upon being duly sworn deposes and says:

That I am the petitioner in the above entitled case,that I have read the contents of the said petition and thatsaid contents are true and correct of my own personalknowledge.

________________________Petitioner

JURAT

PETITION FOR GUARDIANSHIP

NOW COMES X, by his undersigned attorney, to thisHonorable Court and respectfully represents:

That he is the father of the minor Y;

That Y is presently a resident of the City of Manila;

That Y is the owner of a parcel of land located in theCity of Manila valued at P50,000 and as such minor can makeno transactions regarding the same;

That the nearest of kin of Y are the following:

(here mention the nearest kin and their address)

That due to the minority of the said___________________, it is necessary and convenient that aguardian of his person and property be appointed;

That, as above stated, ____________________ is theperson having the said minor in his care, and that hepossesses all qualifications to whom letters of guardianshipshould issue.

(Furnish a bond of not less than 10% of the value of the property or annualincome, if it exceeds P50,000)

WHEREFORE, it is respectfully prayed that after duenotice and hearing your petitioner be appointed guardianover the estate of Y.

________________________Counsel


_______________________Petitioner

JURAT

PETITION FOR APPOINTMENT OF ADMINISTRATOR

(Caption and Title)

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

JOSE DOE, Petitioner.

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

PETITION

PETITIONER, through counsel, unto this Honorable Courtrespectfully alleges:

1. (Averment of names, ages and residences)

2. That on ___________________, PETER DOE died withoutleaving any will in the City of______________________ which was his residence atthe time of his death.

3. That the names, ages, and residences of thesurviving heirs of the aforementioned deceased, arethe following to wi:

Names Ages Relation Residence

4. That the deceased left the following real andpersonal properties:

Character Location Probable Value

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

Names Address Amount ofCredit

6. That decedent died a bachelor, leaving nodescendants nor ascendants whether legitimate orotherwise, and petitioner, is the only survivingbrother of said decedent.

PRAYER

WHEREFORE, it is prayed that, after due notice andhearing letters of administration of the estate of thedeceased PETER DOE be issued to petitioner.

Place, Date and Signature

_____________________Counsel

_____________________Address


_______________________Petitioner

JURAT

E. CRIMINAL PROCEEDINGS

ESSENTIAL PARTS OF AN INFORMATION

1. Caption2. Heading3. Opening sentence4. Body alleging acts or omissions constituting a crime5. Contrary to law6. Certification of Preliminary Investigation7. Jurat8. List of Witnesses9. Bail Recommended

ESSENTIAL PARTS OF A COMPLAINT

1. Caption2. Heading3. Opening sentence4. Body alleging facts or omissions constituting a crime5. Contrary to law6. Oath of Complaint with his/her signature7. Certification of Prosecutor8. Jurat

DIRECT FILING OF COMPLAINT

1. Caption 2. Heading 3. Opening sentence4. Body alleging facts or omissions constituting a crime5. Signature6. Jurat

COMPLAINT

COMPLAINT FILED BY OFFENDED PARTY BEFORE MUNICIPAL JUDGE

ACTS OF LASCIVIOUSNESS

(Caption and Title)

COMPLAINT

The undersigned, _______________, accuses_______________ of the crime of an ACT OF LASCIVIOUSNESS,committed as follows, to wit:

That on or about _______________, in the Municipalityof ______________, Province of ______________, Philippines, within the jurisdiction of thisCourt, the said accused, actuated by lust, did then andthere, willfully, unlawfully, and feloniously, commit an actof lasciviousness upon the undersigned by then and thereembracing and kissing her and touching her breasts andsexual organs, against her will, and by means of force.

__________, this __________ day of __________________,2001.

________________________ Offended Party

Subscribed and sworn to before me this______ day of________________, 2001, by _____________________, offendedparty.

_________________________Municipal Judge of __________

WITNESSES:________________________________________________________

INFORMATION

ABDUCTION WITH CONSENT

(Caption and Title)

INFORMATION

The undersigned, provincial fiscal, upon sworn complaintoriginally filed by the offended party, accuses ______________ of thecrime of Abduction with Consent, committed as follows:

That on or about ______________ in the Municipality of____________, province of _____________, Philippines, withinthe jurisdiction of this court, the said accused willfully,unlawfully, and feloniously removed, took and carried away_________, a virgin over twelve and under eighteen yearsof age, from her dwelling with her consent and with lewddesigns.

Contrary to law:____, ___________,2000

_______________________ (Provincial

Prosecutor)

WITNESSES:____________________________________________

CERTIFICATION

NOTE: All informations, for offenses filed by the city orprovincial prosecutors must contain a certification underoath by the investigating fiscal that before filing the casehe had previously conducted a preliminary investigationwherein the accused was given a chance to appear. Such acertification under oath may be stated substantially asfollows:

A preliminary investigation has previously beenconducted in this case under my direction, having examinedthe witnesses in accordance with the provisions of R.A. No.5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D. 911,March 23, 1976 and as implemented by Dept. of JusticeCircular No. 74, series of 1967 and Circular No. 23, seriesof 1975.

______________________ Assistant

Prosecutor

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

_______________________

Judge, RTC of___________

NOTE: The “OK” or approval by the City or ProvincialProsecutor is also required by law before any informationmay be filed by any assistant fiscal.

SERIOUS ILLEGAL DETENTION/KIDNAPPING

(Caption and Title)

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

That about and during the period beginning the _____day of ________________, 2000, in the municipality of________________, province of _______________, Philippines,and within the jurisdiction of this Honorable Court, said X,suspecting that one Z had knowledge of the elopement of hersister , did then and there willfully, unlawfully,feloniously and by force, take said Z, a man 50 years ofage, while the latter was walking in ________________, whomsaid accused detained and kept locked room in his room from_______________ to _______________, 2000, or a period of_______days, under restraint and against the will of thesaid Z, and said accused did, during said period ofdetention, maltreat and refuse to release said Z until thesister of the accused was found.

Contrary to law.

_______________________Prosecutor

MISCELLANEOUS CRIMINAL PROCEEDINGS

PETITION FOR BAIL

(Caption and Title)

PETITION FOR BAIL

COMES NOW the defendant in the above-titled case by hisundersigned attorney and respectfully states:

1. That the defendant is in the custody for the allegedcommission of a capital offense;

2. That no bail has been recommended for his temporaryrelease, on the assumption that the evidence ofguilt is strong;

3. That the burden of showing that evidence of guilt isstrong is on the prosecution, and unless this factis satisfactorily shown, the defendant may be bailedat the court’s discretion.

WHEREFORE, upon prior notice and hearing, it isrespectfully prayed that the defendant be admitted to bailin such amount as this Honorable Court may fix.

_____, _______________, 2000.

_______________________(Attorney for the

Defendant)

_______________________ (Address)

(With Notice of Hearing and Proof of Service)

NOTICE OF APPEAL

(Caption and Title)

NOTICE OF APPEAL

COMES NOW the defendant (or plaintiff as the case maybe) by theundersigned attorney, and hereby files notice of appeal fromthe judgment of this Honorable Court in the above-entitledcase, dated ____________ a copy of which was received by himon _______________, and appeals the same to the Court ofAppeals.

_____, _______________, 2000.

_______________________ (Attorney for the

Petitioner)

_______________________ (Address)

SUBPOENA

(NOTE : A subpoena shall be signed by the clerk, or by thejudge if his court has no clerk, under the seal of thecourt. It shall state the name of the court and the titleof the action or investigation, shall be directed to theperson whose attendance is required, and if subpoena ducestecum, it shall also contain a reasonble description of thethings demanded which must appear to the court prima facierelevant).

SUBPOENA

To: _____________________ _____________________

You are hereby commanded to appear before the RegionalTrial Court of _________________, on the _____ day of________________, 2000, at _________ o’clock A. M., then andthere to testify in the action of X against Y (here set thenumber of the case).

Witness the Honorable ______________, judge of saidcourt, this ______ day of _________________, 2000

_______________________ (Clerk)

SUBPOENA DUCES TECUM

(Caption and Title)

To: _____________________ _____________________

You are hereby required to appear before the RegionalTrial Court of ________________ on the ______ day of_______________, 2000 at _________ o’clock and to bring withyou into the court the following (describe book, deed,writing, or other documents), it being necessary to use thesame as testimony in the cause there pending, wherein_________________ is the plaintiff and _________________ isdefendant.

______________________Judge X, RTC of

_______

ORDER OF ARREST

(Caption)

Case No. ____________REPUBLIC OF THE PHILIPPINES,

Plaintiff,-versus- } ORDER OF ARREST

___________________________Accused.

TO ANY OFFICER OF THE LAW:

You are hereby commanded to arrest_________________________ who is said to be at________________________________ and who stands __________charged before me of the crime of ___________________, andto bring him before me as soon as possible to be dealt withas the Rules of Court direct. ___________________,Philippines, _____ day of _______________, 2000.

_______________________ Judge X, RTC

________

SEARCH WARRANT

(Caption)

THE PEOPLE OF THE PHILIPPINESPlaintiff, Criminal Case No.

_______ -versus- } For

______________________

________________________ (State nature ofoffense) Defendant,X ---------------------------------------------- X

SEARCH WARRANT

TO ANY PEACE OFFICER:

Greetings:

It appearing to the satisfaction of the undersigned,after examining under oath (name of applicant) and hiswitness (name of witness) that there are good and sufficientreasons to believe that (name of person or persons to besearched) has in his control in premises No. _______ in(name of street), district of _______________.

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

Used or intended to be used as the means ofcommitting

an offense

which should be seized and brought to the undersigned.

You are hereby commanded to make immediate search atany time in the day/night of the premises above describedand forthwith seize and take possession of the followingpersonal property, to wit:

(give complete and detailed description of the______________________________________________________________________

property to be seized)

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

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

______________________Judge, RTC of

__________

DEMURRER TO EVIDENCE

(Caption and Title)

MOTION TO DISMISS BY WAY OFDEMURRER TO EVIDENCE

Accused JUAN DELA CRUZ, through counsel, and pursuantto leave granted by this Honorable Court in its order dated20 May 2000, respectfully submits this motion to dismiss byway of demurrer to evidence and alleges that:

The Indictment

The Evidence for the Prosecution

Arguments(why the case should be dismissed; insufficiency of

evidence should be among those enumerated, showing why the same is insufficient)

Prayer

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

APPLICATION FOR COMPULSORY PROCESS TO SECURE ATTENDANCE OF WITNESS

(Caption and Title)

The Clerk of Regional Trial Court_______________________________

Sir: Please cause a subpoena to be issued to thefollowing persons in order that they may appear to testifyin behalf of the defendant in the trial of this case whichshall take place before this court on _____________ , at________ A.M:

_____________________________________________________

(Name) (Address)

_____________________________________________________

(Name) (Address)

__________, this _________ day of ______________, 2000.

______________________(Attorney for the

Defendant)

_______________________ (Address)

PRAYER TO ST. JOSEPH OF CUPERTINO

O Great St. Joseph of Cupertino, who when on earth didobtain from God the grace to be asked in the examinationsonly questions you knew. Obtain for me the same favor inthis examinations which I am now preparing for. In return Ipromise to make you known and cause to be invoked throughChrist, our Lord. Amen

THAT IN ALL THINGS GOD MAY BE GLORIFIED!!!

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