Sample Legal Forms

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SAMPLE LEGAL FORMS

4. Upon the expiration of the contract, plaintiff informed defendant of his intention not to renew the lease as he would use the property to put up his own business. Plaintiff then asked defendant to vacate the  premises A copy of plaintiff’s letter to defendant is attached as ANNEX “B” and made an integral part of this complaint. 

5. Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiff’s consent. Resort to the Barangay Conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX “C” and made an integral part of this complaint. 

6. Defendant's act of dispossession has caused plaintiff  to suffer material injury because plaintiff’s business plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of One Hundred Fifty Thousand pesos

(150,000.00) per month. Defendant’s continued

occupation of the premises has  also  forced  plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000.00).   

P R A Y E R

WHEREFORE, plaintiff respectfully prays for judgment in his

favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of One Million Two Hundred Thousand Pesos (P1,200,000.00) representing rentals on the machineries for eight (8) months and Fifty Thousand Pesos (P50,000.00) for Attorney's fees. 

Other just and equitable reliefs are also prayed for.    Pasig City for Makati City, September 30, 2016.    

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By:

ATTY. RENZ MARK V. GARCIA

Counsel for Plaintiff

Escriva Drive, Ortigas Center, Pasig City Roll of Attorneys No. 80000

IBP No. 123456/01-13-2016/Pasig City PTR No. 123456/01-13-2016/Pasig City MCLE Compliance No. 123456/01-13-2016

Republic of the Philippines )

City of Manila ) S.S.

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, Aly M. Manrique, of legal age, Filipino citizen, married and with postal address at #123 Sitio Uno, City of Manila after being duly sworn in accordance with law, do hereby depose and state that:

1. I have read and understood all the allegations therein; all the contents thereof are true and correct of my own knowledge and information;

2. I have not commenced any other action or proceedings involving the same issues subject of this case in the Supreme Court, Court of Appeals, or any other tribunals or agency, and, 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 if I should hereafter learn that a similar action or proceedings has been filed with or is pending before

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IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of October 2016 in the City of Makati, Philippines.

ALY M. MANRIQUE

Plaintiff

SUBSCRIBED AND SWORN to before me this 11th day of

October, 2016 at _________________________ affiant exhibiting

to me his ID No. ______________ issued at

__________________________ on ___________________ and valid until _______________ and avowed to the truth of the foregoing verification and certification under penalty of law.

Doc. No. ____; ATTY. JED M. LAURAYA

Page No. ____; Notary Public, Pasig City

Book No. ____; Until December 31, 2016

Series of 2016. Tektite, Ortigas Center, Pasig City Roll of Attorneys No. 654321

IBP No. 54321/01-13-2016/Pasig City PTR No. 54321/01-13-2016/Pasig City

MCLE Compliance No. 54321/01-13-2016

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Complaint for a Sum of Money with Application for a Temporary Restraining Order (TRO) and/or

Writ of Preliminary Attachment

Based on a Promissory Note

(Rules of Court, Rules 8 and 57, Secs, 6 to 8) Republic of the Philippines  National Capital Judicial Region  REGIONAL TRIAL COURT  Branch 40, Makati City  ALY M. MANRIQUE, Plaintiff,

- versus - For: Sum of Money

BON A. SO HIONG, Defendant. x---x C O M P L A I N T PLAINTIFF, by counsel, respectfully states that:  THE PARTIES

1. Plaintiff is a Filipino, of legal age, and resident of No. 10 Hidalgo Street, San Lorenzo Village, Makati City; 

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installment basis monthly. These amounts now total Four Million Pesos (P4,000,000.00)

4. Despite repeated demands, both oral and written, defendant failed or has refused to pay any amount to plaintiff as no installment payment has ever been made. A copy of each of plaintiff’s two demand letters is attached as ANNEX “A” and made an integral part of this complaint, respectively. 

5. Defendant's obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Five Million Six Hundred Thousand Pesos (P5,600,000.00) plus legal interests.

P R A Y E R

favor by ordering defendant pay him Five Million Six Hundred Thousand Pesos (P5,600,000.00) plus legal interests.

By:

(Address, Roll, IBP, PTR, and MCLE No.)

(VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING)

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Complaint for Sum of Money with Application for Replevin

(Rules of Court, Rule 60) Republic of the Philippines  National Capital Judicial Region REGIONAL TRIAL COURT  Branch 40, Makati City  ALY M. MANRIQUE, Plaintiff,

With Application for Writ of Replevin BON A. SO HIONG, Defendant. x---x C O M P L A I N T PLAINTIFF, by counsel, respectfully states that:  THE PARTIES

6. Plaintiff is a Filipino, of legal age, and resident of No. 10 Hidalgo Street, San Lorenzo Village, Makati City; 

THE FACTS

8. Sometime in March 15, 2016 and over a period of six (6) months, defendant borrowed certain amounts from plaintiff and borrowed her car, a black Honda City 2017 model. Defendant promised to pay these amounts on an installment basis monthly and to return the car after one

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9. Despite repeated demands, both oral and written, defendant failed or has refused to pay any amount to plaintiff as no installment payment has ever been made and to return the car. A copy of each of plaintiff’s two demand letters is attached as ANNEX “A” and made an integral part of this complaint, respectively. 

10. Defendant's obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Five Million Six Hundred Thousand Pesos (P5,600,000.00) plus legal interests.

P R A Y E R

favor by ordering defendant pay him Five Million Six Hundred Thousand Pesos (P5,600,000.00) plus legal interests. It is likewise prayed for an issuance of a writ of replevin directing the Sheriff or any other authorized officer to take possession of the car and dispose of it in accordance with the Rules of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing the defendant to pay its value.

By:

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Entry of Appearance

Republic of the Philippines National Capital Judicial Region

REGIONAL TRIAL COURT Branch 40, Manila

PEOPLE OF THE PHILIPPINES,

Plaintiff,

Criminal Case No. _____

- versus - For: Estafa

BON A. SO HIONG,

Accused.

x---x

ENTRY OF APPEARANCE The Clerk of Court

Regional Trial Court Branch 40, Manila

Kindly enter the appearance of the undersigned as Private Prosecutor in the above-entitled case, under the supervision and control of the Public Prosecutor, with the conformity of the complainant Aly M. Manrique, as shown below.

Accordingly, it is respectfully prayed that the undersigned be furnished copies of all pleadings, orders, and notices relative to the instant case at its address indicated below.

Manila, Philippines, September 22, 2016.

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CONFORME:

ALY M. MANRIQUE

Complainant

Copies Furnished by personal delivery: 1. The City Prosecutor, Manila

2. Atty. Jed Lauraya

Counsel of the Accused

#123 Makipot St., Bagong Ilog Pasig City, Metro Manila

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Withdrawal of Counsel

(Rules of Court, Rule 138, Sec 26)

REGIONAL TRIAL COURT Branch 40, Manila ALY M. MANRIQUE,

Plaintiff,

Defendant.

x---x

WITHDRAWAL OF APPEARANCE

The undersigned counsel respectfully serves notice that he is withdrawing his appearance as counsel for plaintiff Aly M. Manrique in the above-captioned case, with the express conformity of the said plaintiff, and requests that all pleadings, notices, orders and other papers relative to said case be henceforth served directly on plaintiff at its address given in the Complaint or its new counsel, if any.

Manila, Philippines, October 10, 2016.

By:

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Affidavit of Service

(Rules of Court, Rule 13)

AFFIDAVIT OF SERVICE

I, RENZ MARK V. GARCIA, Filipino, of legal age and resident of No.123 Pureza Street, Sta. Mesa, City of Manila, having been sworn in accordance with law, hereby depose and state that:

1. That I am a Secretary / Legal Aide of the law office of Atty. Jed Lauraya with office address at #123 Tektite, Ortigas Center, Pasig City, Philippines;

2. That in my aforementioned capacity, I had personally served a copy of the Motion for Reconsideration in the case entitled "X vs. Y" docketed as Civil Case no. 12345 (by personal service) to the office of X's Counsel of Record, Atty. Bon A. So Hiong, with address at #123 Bagong Ilog, Pasig City (by registered mail with return card under Registry Receipt No. 123456).

IN WITNESS WHEREOF, I have set my hand this 13th_of

September 2016, in the City of Manila, Metro Manila, Philippines.

RENZ MARK V. GARCIA

Affiant

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Answer with Counterclaim

[Rules of Court, Rule 8, 9, 16; Perrnanent Savings and Loan Bank, 439 SCRA 1 (2004)]

Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region Branch 40

City of Manila

JARVIS MANZANO,

Plaintiff,

Civil Case No. 01-012345

KEVIN ROJO,

Defendant.

x---x

A N S W E R

COMES NOW defendant, through the undersigned

counsel and unto this Honorable Court, most respectfully avers:

ADMISSIONS

1. That Paragraphs 1 and 2 are admitted insofar as his personal circumstances are concerned;

AFFIRMATIVE DEFENSES

2. That Paragraphs 3, 4, 5, 6, 7, 8, 9 and 10 are specifically denied since these allegations are but all lies and mere fabrications concocted by the Petitioner. Since such allegations are maliciously false and meant only to unjustly enrich Plaintiff at Defendant’s expense. The truth

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showed, as Defendant much later on learned, the aggregate amount of indebtedness to be Nine Hundred Thousand Pesos (P900,000.00), inclusive of the unconscionable interests, excessive penalties, and other charges; 

COUNTERCLAIM

3. Defendant additionally submits that he is entitled to relief arising from the filing of this malicious and baseless suit,

as follows:

a. Moral Damages amounting to Fifty Thousand Pesos (P50,000.00) because his name and reputation were besmirched by this malicious and baseless suit. b. Despite full payment by Defendant of the principal

obligation, Plaintiff has instituted the instant malicious suit which compelled Defendant to engage the services of counsel, in order to protect Defendant’s interests, for an agreed professional fee of P200,000.00, plus an appearance fee of P5,000.00 per hearing.  

c. Defendants also incurred other litigation expenses in the sum of P50,000.00. For all of said fees and litigation expenses, Plaintiff should be adjudged liable to Defendant.

WHEREFORE, in light of all the foregoing, it most

respectfully prayed that the Complaint be DISMISSED in favor of the herein Defendant.

Other reliefs just and equitable under the circumstances are likewise prayed for.

Pasig City for the City of Manila, 13th_{of September 2016.}

By:

Counsel for Defendant

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Copy furnished:

ATTY. DON A. SO HIONG Received By:___________

Counsel for Complainant Date:_____________

Manrique Lauraya So Hiong & Associates Law Firm (MaLaS Law)

2nd_{Floor, #123 Pengower Inc. Building, A. Flores Street}

Bgy. Bagong Ilog, Pasig City

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Motion to Dismiss

(Rules of Court, Rule 15 & 16)

Branch 40, Manila

JARVIS MANZANO,

Plaintiff,

- versus - For: Ejectment

KEVIN ROJO,

Defendant.

x---x

MOTION TO DISMISS

Defendant, by his undersigned attorney, respectfully moves that the complaint be dismissed on the following grounds:

1. The action for ejectment has long since prescribed. 2. The Court has no jurisdiction over the subject

matter of the case.

ARGUMENTS

3. That the defendant has lived in and possessed the property for more than twenty (20) years, hence, the action for ejectment has long lapsed. Attached as ANNEX “A” are the receipts for payment of real property tax evidencing possession of the defendant. 4. That actions for ejectment must be filed with the Metropolitan Trial Court (MTC) and not with the Regional Trial Court (RTC) as the former has exclusive original jurisdiction over such actions.

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

Other just and equitable reliefs are also prayed for. Manila, 29 November 2013

By:

(WITH NOTICE OF HEARING,

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Motion to Admit

(Rules of Court, Rule 15, Sec. 9) Republic of the Philippines National Capital Judicial Region

Branch 40, Manila

JARVIS MANZANO,

Plaintiff,

- versus - For: ____

KEVIN ROJO,

Defendant.

x---x

MOTION ADMIT ATTACHED ANSWER

DEFENDANT, through the undersigned counsel, most

respectfully states that:

1. Defendant was declared to be in default on April 11, 2014 when she failed to file her answer within the reglementary period. Herein attached as Annex "1" is the said Order. 2. Defendant begs for a reconsideration of the said Order for

the reason that she did not receive a copy of the complaint nor any summons from this Honorable Court regarding the above cited case. She only received on April 23, 2014 a copy of the Order dated April 11, 2014, already declaring her in default. She immediately sought assistance from the Public Attorney's Office to avail of any remedies.

3. In the interest of substantial justice and for the reason earlier stated, defendant begs the compassion of this Honorable Court to admit her attached Answer. Delay in the proceedings of this case was never intended.

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P R A Y E R

WHEREFORE, premises considered, it is respectfully

prayed of this Honorable Court to set aside the Order of default and to admit the attached Answer.

Other just and equitable remedies are likewise prayed for. Manila, September 30, 2016.

By:

NOTICE OF HEARING Clerk of Court

RTC Branch 40, Manila City

Atty. Bon A. So Hiong

1234 Teresa Street, Manila City Greetings:

Please submit the foregoing for the consideration and approval of this Honorable Court at the soonest possible time or on May 17, 2015 at 8:30 in the morning.

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Motion for Extension of Time

(Rules 15 and 11, Sec 11) Republic of the Philippines National Capital Judicial Region

Branch 40, Manila

JARVIS MANZANO,

Plaintiff,

KEVIN ROJO,

Defendant.

x---x

MOTION FOR EXTENSION OF TIME

DEFENDANT, by the undersigned counsel, and unto this

Honorable Court, most respectfully states that:

1. Defendant engaged the services of undersigned counsel only on _____________;

2. Defendant was served with Summons and copy of the Complaint on _____________ and thus has until _____________ within which to submit an Answer or Responsive Pleading;

3. However, due to the pressures of equally urgent professional work and prior commitments, the undersigned counsel will not be able to meet the said deadline;

4. As such, undersigned counsel is constrained to request for an additional period of _____________ from today within which to submit Defendant's Answer or Responsive Pleading. Moreover, this additional time will also allow the

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undersigned to interview the available witness and study this case further;

5. This Motion is not intended for delay but solely due to the foregoing reasons.

P R A Y E R

WHEREFORE, Defendant most respectfully prays of this

Honorable Court that he be given an additional period of _____________ from today within which to submit an Answer or other Responsive Pleading.

By:

(NOTICE OF HEARING) (EXPLANATION)

COPY FURNISHED: OPPOSING COUNSEL

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Motion to Declare Defendant in Default

(Rules of Court, Rule 9, Sec. 3)

Branch 40, Manila

RYUWEL VISTAL,

Plaintiff,

- versus - For: _______

JELO BATO,

Defendant.

x---x

MOTION

(TO DECLARE DEFENDANT IN DEFAULT)

Plaintiff, by counsel and unto this Honorable Court,

respectfully states:

1. The records of the Honorable Court show that Defendant was served with copy of the summons and of the complaint, together with annexes thereto on _____________;

2. Upon verification however, the records show that Defendant _____________ has failed to file his Answer within the reglementary period specified by the Rules of Court despite the service of the summons and the complaint;

3. As such, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.

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P R A Y E R

WHEREFORE, it is respectfully prayed that Defendant

_____________ be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.

By:

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Special Power of Attorney for Pre-Trial

[Rules of Court Rule 18, Boaz International Trading Corporation v. Woodward Japan. Inc., 418 SCRA 287 (2003)]

SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:

I, Renz Mark V. Garcia, of legal age, single/married,

Filipino, with residence at #123 Pearl Drive, Pasig City do hereby appoint, name and constitute Claudette M. Vogel, likewise of legal age, singe/married, with residence at #123 Batasan Hills, Quezon City as my true and legal representative to act for and in my name and stead and to represent me during the hearing of Civil Case No. 123456, to enter into amicable settlement, to submit to alternative modes of dispute resolution and to make admissions or stipulations of facts and documents without further consultation from me.

I hereby grant my representative full power and authority to execute and perform every act necessary to render effective the power to compromise as though I myself have so performed it and hereby approving all that he may do by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ______ day of ____________________, 2013 at ________________. ______________________ Principal Conforme: _____________________ Attorney-in-fact

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SIGNED IN THE PRESENCE OF:

______________________ ______________________

ACKNOWLEDGMENT

Republic of the Philippines ) Pasig City, Metro Manila ) S.S.

BEFORE ME, a Notary Public, for and in Quezon City, this

_______ day of _________________________ personally appeared: Name Identification Card Issued On/At

_____________________ ___________________ ______________ _____________________ ___________________ ______________ all known to me to be the same persons who executed the foregoing instrument consisting of ____ pages, including this page on which this acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. ____; ATTY. JED M. LAURAYA

Page No. ____; Notary Public, Pasig City

Book No. ____; Until December 31, 2016

Series of 2016. Tektite, Ortigas Center, Pasig City Roll of Attorneys No. 654321

IBP No. 54321/01-13-2016/Pasig City PTR No. 54321/01-13-2016/Pasig City

MCLE Compliance No. 54321/01-13-2016

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Pre-trial Brief

(Rules of Court, Rule 18, A.M No.03-1-09-SC, SC En Banc Resolution dated 13 July 2004, Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court In the

Conduct of Pre-trial and Use of Deposition - Discovery Measures)

Branch 40; City of Manila

Plaintiff,

- versus - Criminal Case No._______

For:

JUAN DELA CRUZ,

Accused.

x---x

PRE-TRIAL BRIEF OF THE PROSECUTION

THE PEOPLE OF THE PHILIPPINES, through the

undersigned City Prosecutor, before this Honorable Court, most respectfully submit this Pre-Trial Brief:

SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS The following are the admitted facts:

1. the identities of those charged in the information and that of the persons arraigned are one and the same;

2. the identity of Joey Cruz, the victim; 3. the killing of the victim;

4. the date and places of the commission of the crime. EVIDENCE FOR MARKINGS

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Purpose: to prove that she was on-duty when the robbery took place and that one of the accused pointed a gun at her, who eventually declared hold-up while the other emptied the cash registers and took some grocery stuffs; 2. Affidavit of customer Jadine Reid

Purpose: to prove that she was one of the customers at the time the robbery took place and that she saw and identified the accused by their faces;

3. Affidavit of customer James Reid

Purpose: to corroborate the testimonies of Geraldine Demetri and Bea Robles;

3. Autopsy Report of Joey Cruz issued by Manila Hospital Purpose: to prove the extent of the injury and the cause of death of the victim;

4. Blotter Report of Manila Police Station

Purpose: to prove that the police authority received a report that a robbery took place at Teresa Supermart, located at Sta. Mesa, Manila.

5. Affidavit of Caleb Andrada

Purpose: To prove that he personally heard a gun shot from an abandoned rice mill and actually saw the accused holding a gun and the dead body of the deceased which subsequently followed the arrest of the accused.

6. Paraffin test result

Purpose: To prove that accused became positive of gun powder burns.

7. Anatomical Sketch

Purpose: To prove which part of the victim’s body was shot and the nature, extent and location of wound.

8. Ballistics Test result

Purpose: To prove that the slug recovered from the victim’s body came from the same gun which was recovered from the possession of Tito Cruz.

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I S S U E S

1. Whether or not the accused committed the crime charged; 2. Whether or not they were guilty thereof.

W I T N E S S E S

1. Stephen Curry to testify that a robbery took place;

2. Bea Robles to testify that she was one of the customers of the Supermart at the time the robbery took place;

3. Michelle Jordan to testify that she was one of the customers of Supemart at the time the robbery took place. 4. Robin Williams to testify that he was the police officer who

went to the scene of the crime and arrested the accused. 5. Dra. Vicky Belo to testify that she conducted the post

mortem examination of Joey Cruz and to attest to the veracity of her findings in the autopsy report.

6. Police Senior Inspector Rodrigo Duterte to testify that he conducted the ballistics examination and to attest to the veracity of his findings in the said report.

7. Chemist Dionisia Poqui to testify that she conducted a paraffin test to the accused and to attest to the veracity of her findings in the said report.

TRIAL DATES

Specifically all Fridays of the month, with the regular appearance of the undersigned city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED.

Manila City, Philippines, July 4, 2016.

MANILA CITY PROSECUTOR’S OFFICE

Hall of Justice

Kanto Drive, City of Manila By:

Assistant City Prosecutor

Roll No. 70000 / 5-2-07; PTR Exempt IBP No. 456789 / 12-29-07; MCLE Exempt

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And

ATTY. CLAUDETTE VOGEL

Assistant City Prosecutor Roll No. 67891 / 5-2-07 IBP No. 667900 / 12-29-07

MCLE Exempt PTR Exempt

Copy furnished:

ATTY. ATRAS N. ABANTE

Counsel for the Defense

123, Tektitem, Pasig City. Received by:___________ Date: ___________

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Motion for Postponement

(Rules of Court, Rule 30, Sections 3 and 4) Republic of the Philippines  National Capital Judicial Region  REGIONAL TRIAL COURT  Branch 40, Manila City  ALY M. MANRIQUE, Plaintiff,

- versus - For: ____________

Defendant.

x---x

MOTION TO RESET HEARING

Defendant, through the undersigned counsel and to this

Honorable Court most respectfully states that:

1. The hearing of this case has been set on ______ at _____ in the morning;

2. However, the undersigned counsel hereby regretfully informs the Honorable Court that he cannot attend said hearing.;

3. With this, the undersigned is constrained to respectfully request the Honorable Court to reset the hearing of the instant case to another date, subject to the availability of the Honorable Court’s calendar. 4. This motion is made in good faith and not intended to

delay the proceedings of the instant case.

WHEREFORE, based on the premises presented, it is most

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to another date, subject to the availability of the Honorable Court’s calendar.

RESPECTFULLY SUBMITTED.

Manila, September 30, 2016. By:

NOTICE OF HEARING WITH EXPLANATION

Greetings!

Please take notice that I am submitting this Motion to Reset Hearing for the consideration and approval of the Honorable Court, with or without appearance of counsels.

Also, service of this motion was made through registered mail on account of time and distance constraints.

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Motion for Intervention

(Rules of Court, Rule 19) Republic of the Philippines  National Capital Judicial Region  REGIONAL TRIAL COURT  Branch 40, Manila City  ALY M. MANRIQUE, Plaintiff,

- versus - For: ____________

Defendant.

x---x

MOTION FOR INTERVENTION

COMES NOW the Intervenor, by the undersigned counsel,

and unto this Honorable Court, most respectfully

requests for leave to intervene in the above-captioned case, for the following reasons:

That the Intervenor is a purchaser of some of the subdivided portions of Lot No. _______, the subject matter of the above-captioned case;

That the Intervenor has a legal interest in the matter in litigation, or in the success of the complainant, or is so situated as to be adversely affected by a distribution or other disposition of the parcel of land, subject matter of the above-captioned case;

That this intervention will not, in the least, unduly delay or prejudice the adjudication of the rights of the original parties in the case;

That the Intervenor's rights can be fully protected in this proceeding rather than by filing a separate proceeding.

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P R A Y E R

WHEREFORE, it is most respectfully prayed that the said

_____________ be allowed to intervene in this action by filing a Complaint in Intervention, a copy of which is attached to this motion.

By:

COPY FURNISHED:

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Request for Issuance of Subpoena

(Rules of Court, Rule 21) Republic of the Philippines  National Capital Judicial Region  REGIONAL TRIAL COURT  Branch 40, Manila City  ALY M. MANRIQUE, Plaintiff,

- versus - For: ____________

Defendant.

x---x

REQUEST FOR SUBPOENA DUCES TECUM

Plaintiff, through undersigned counsel, respectfully

requests for the issuance of a subpoena duces tecum requiring ________ with address at __________ to testify at the hearings in the instant case against defendant ____________ on ___________________ at 1:00 PM.

Respectfully submitted.

(Address, Roll, IBP, PTR, and MCLE No.) COPY FURNISHED:

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Formal Offer of Evidence

(Rule 132, Section 34 and 35) Republic of the Philippines National Capital Judicial Region

Branch 40, City of Manila

Plaintiff,

- versus - Criminal Case No._______

For:

JUAN DELA CRUZ,

Accused.

x---x

FORMAL OFFER OF EVIDENCE

Defendant by the undersigned counsel and unto this

Honorable Court, most respectfully offers the following documentary and exhibits for the above titled case, to wit:

EXHIBITS DESCRIPTION PURPOSE/S

“1” Counter-Affidavit

of Teniente Gimo

 To contradict the affidavit produced by the plaintiff.  To establish that the

allegations in the

complaint filed against the accused was false, fabricated, and

malicious.

 To testify to what really transpired on the the night of the incident.  To prove that the

accused did not commit the crime charged

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immediately after the incident transpired.  To corroborate the

testimony of the accused.

“2-B” Murder Complaint

Resolution

 To support the proof that a complaint was filed by the accused against Maria Mae Kiling and Agta Bal-bal.

“3-A” Police Blotter

Report

 To prove the fact that before the happening of he incident Agta-Balbal is causing disturbance and threat to the family of the accused.

 To corroborate the

testimony of the accused.

“3-B” Certification of

Police Blotter Report

 To support the police blotter report.

“4” Medical Certificate

of Teniente Gimo

 To prove that the

accused is suffering from polio.

Aforesaid exhibits are being offered to prove that the crime and accusation against the accused was not true and not committed at the address indicated in the Complaint.

WHEREFORE, premises considered, it is most respectfully

prayed to this Honorable Court that the foregoing object and documentary exhibits be admitted for which each and all said exhibits were offered in proving the claims of the accused and with the formal submission of the aforesaid coupled with the testimonies of the witness who testified thereon.

Counsel for Accused

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Motion for Execution

(Rules of Court, Rule 39) Republic of the Philippines

Province of Rizal Municipality of Tanay

MUNICIPAL TRIAL COURT BON A. SO HIONG,

Complainant,

vs. Criminal Case No. _____

For: Reckless Imprudence Resulting in Damage to Property with Serious JUAN TAMAD, Physical Injuries under

Accused. Article 263 of the

x---x Revised Penal Code

MOTION FOR EXECUTION

Complainant, unto this Honorable Court, respectfully

states that:

1. On September 11, 2013, a judgment was rendered by the Court, the dispositive portion of which reads:

“WHEREFORE, premises considered, the Court finds accused JUAN TAMAD GUILTY beyond reasonable doubt of the crime of Reckless Imprudence Resulting in Damage to Property with Serious Physical Injuries, defined and penalized under Article 365 of the Revised Penal Code and he is hereby sentenced to suffer the straight penalty of imprisonment of FOUR (4) MONTHS of Arresto Mayor.

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amount of Php24,896.16 as actual damages, of which the amount shall bear interest at the rate of twelve (12%) percent per annum from the date of the promulgation of this decision until the same is paid.

SO ORDERED”

2. That on December 23, 2013 the judgment has long become final and executory and is recorded in the criminal docket of the Court.

3. Until this date, accused has not complied with the judgment.

prayed that a writ of execution be issued to implement the civil aspect of the judgment of the Court dated September 11, 2013.

Other reliefs are likewise prayed for. Tanay, Rizal. September 1, 2016.

NOTICE OF HEARING AND COPY FURNISHED

Juan Tamad Accused

J.P. Rizal St., Sitio Kampupot Sampaloc, Tanay, Rizal

Greetings!

Kindly submit the foregoing motion on September 9, 2016 at 8:30AM for the consideration and approval of this Honorable Office.

BON A. SO HIONG Complainant

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Notice of Lis Pendens

(Rules of Court, Rule 13, Sec. 14; Presidential Decree No. 1259, Sec. 76)

Republic of the Philippines

City of Manila

CALOVE ANDRADA,

Plaintiff,

- versus - For: _______

BON SO HIONG,

Defendant.

x---x

NOTICE OF LIS PENDENS

Notice is given that the above-entitled action was filed in this Honorable Court on the 26th of September 2016 by Plaintiff, Calove Andrada, against Defendant, Bon So Hiong.

This action alleges a real property claim affecting certain real property situated in _________________, Philippines, and legally described as _________________________.

City of Manila, 13th_{of October 2016.}

By:

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Third Party Claim

(Rules of Court, Rule 39, Sec. 16 and 57, Sec. 14) Republic of the Philippines

City of Manila

CALOVE ANDRADA,

Plaintiff,

- versus - For: _______

BON SO HIONG,

Defendant.

x---x

ANSWER WITH THIRD PARTY CLAIM

COMES NOW defendant, through the undersigned

counsel and unto this Honorable Court, most respectfully avers: ADMISSIONS AND AFFIRMATIVE DEFENSES

1. He admits the allegations contained in paragraph 1 of the complaint;

3. He admits paragraphs 3 and 4 of the complaint;

4. He admits partially the allegations of paragraph 3 of the complaint in the sense that he signed a promissory note for five thousand (Php5,000.00) pesos, but he qualifies his admission in the sense that not a single centavo of the loan was used by him, he being only an accommodation maker; 5. He admits that the loan is now long overdue but he specifically denies that he has failed and refused to pay the same, because he did not get anything out of the loan, as it was Jose Maximo who pocketed the whole amount of said loan;

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6. He admits that he has not paid any interest on said loan, because he had no obligation of paying said interest, the whole amount having accrued to the benefit of Jose Maximo;

7. He specifically denied the allegation s of paragraph 7 of the complaint, because his failure to pay the loan is not justified nor was there any refusal on his part;

8. He has no knowledge or information to form a belief as to the truth of paragraph 8 of the complaint and therefore, he specifically denies the same.

BY WAY OF THIRD-PARTY COMPLAINT, he alleges:

1. Third-party plaintiff is of legal age, married and with residence and postal address at ________________;

2. Defendant Aly Manrique is likewise of legal age, and he may be served with summons at _____________;

3. (here state the circumstances how Aly Manrique got involved)

BY WAY OF SPECIAL AND AFFIRMATIVE DEFENSES TO THE COMPLAINT, defendant alleges:

1. The complaint states no cause of action, because the obligation has been satisfied, for, on ___________, the

plaintiff proceeded before the notary public

_______________ for the sale of the 100 shares of stock put up as collateral of the loan mentioned in “Annex A” of plaintiff’s complaint;

2. Defendant was only an accommodation maker, as may be seen from the promissory note itself that the amount of Php5,000.00 was credited to Aly Manrique which reads as follows: “Please credit Php5,000.00 to Aly Manrique”;

WHEREFORE, it is most respectfully prayed that

judgment be rendered as follows:

1. Dismissing plaintiff’s complaint for failure to state a cause of action, the obligation having been fully satisfied;

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1. That summons be issued against third-party defendant, Aly Manrique;

2. That after sue hearing, he be sentenced to pay the defendant whatever amount this Honorable Court may order him to pay unto the plaintiff;

3. That he be ordered to pay unto third-party plaintiff the sum of Php5,000.00 as and for attorney’s fees;

4. That Aly Manrique be ordered to pay the costs; Third-party plaintiff prays for such other relief that may be reasonable in the premises.

Other reliefs just and equitable under the circumstances are likewise prayed for.

Pasig City for the City of Manila, 13th_{of September 2016.}

By:

Copy furnished:

ATTY. DON A. SO HIONG Received By:___________

Counsel for Plaintiff Date:_____________ 2nd_{Floor, #123 Pengower Inc. Building, A. Flores Street}

Bgy. Bagong Ilog, Pasig City

ATTY. JED LAURAYA Received By:___________

Counsel for Third Party Defendant Date:_____________ #123 Tektite Building, Ortigas Center

Pasig City

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Motion for Reconsideration

(Rule 37, Rules of Court) Republic of the Philippines National Capital Judicial Region

Branch 40, Manila

JARVIS MANZANO,

Plaintiff,

KEVIN ROJO,

Defendant.

x---x

MOTION FOR RECONSIDERATION

Defendant, through the undersigned counsel, most

respectfully states that:

1. Defendant was declared to be in default on April 11, 2014 when she failed to file her answer within the reglementary period. Herein attached as Annex "1" is the said Order. 2. Defendant begs for a reconsideration of the said Order for

the reason that she did not receive a copy of the complaint nor any summons from this Honorable Court regarding the above cited case. She only received on April 23, 2014 a copy of the Order dated April 11, 2014, already declaring her in default. She immediately sought assistance from the Public Attorney's Office to avail of any remedies.

3. In the interest of substantial justice and for the reason earlier stated, defendant begs the compassion of this Honorable Court to admit her attached Answer. Delay in

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P R A Y E R

prayed of this Honorable Court to set aside the Order of default and to admit the attached Answer.

By:

NOTICE OF HEARING Clerk of Court

RTC Branch 40, Manila City

Atty. Bon A. So Hiong

1234 Teresa Street, Manila City Greetings:

Please submit the foregoing for the consideration and approval of this Honorable Court at the soonest possible time or on May 17, 2015 at 8:30 in the morning.

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Notice of Appeal

(Rules of Court, Rule 40 and 41) Republic of the Philippines National Capital Judicial Region

Branch 40, Manila

JAYZON BORLONGAN,

Plaintiff,

ERNEST ALBERT DE LUNA,

Defendant.

x---x

NOTICE OF APPEAL

Plaintiff by counsel, hereby gives notice that he is

appealing from the judgment of this Honorable Court in the above-entitled case, dated ___________, a copy of which was received by him on ________________, to the Court of Appeals.

(Address, Roll, IBP, PTR, and MCLE No.) COPY FURNISHED:

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Affidavit of Merit attached to a Petition for Relief from

Judgment

(Rules of Court. Rule 38) Republic of the Philippines )

Pasig City ) S.S.

AFFIDAVIT OF MERIT

I, Renz Mark V. Garcia, of legal age, Filipino and resident of #123 Pearl Drive, Ortigas Center, Pasig City, after being duly sworn to in accordance with law, hereby depose and state that: 1. I am the Petitioner in the case entitled ___________docketed

as Civil/ Criminal Case No._______ and pending before the Regional Trial Court;

2. I have caused the preparation of the “Motion for Reconsideration” to which this affidavit is attached;

3. I have read the allegations contained therein and I hereby state that the same is true and correct of my personal knowledge and based on authentic records;

4. I have received a copy of the resolution of the Regional Trial Court dismissing my petition for failure to prosecute for an unreasonable length of time;

5. The reason for my failure to proceed with the steps necessary for my case was due to the fact that my counsel, Atty. _____ was admitted in the National Kidney Institute for an emergency operation;

6. The partners of my lawyer were not able to handle my case because of their individual work load and hectic schedule; 7. The foregoing circumstance that led to the dismissal of my

petition constitute mistake and/or excusable negligence which ordinary prudence could not have guarded against and by reason of which I have been impaired of my rights, especially because a judgment was rendered by the court without affording me the chance to present my evidence; 8. I voluntarily execute this Affidavit of Merit to attest to the

truth of the foregoing facts and in order to support the grounds in my “Motion for Reconsideration” as it really

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shows that the same is meritorious and in order that the Order or Judgment rendered against me be reconsidered and set aside and a new one be issued reinstating the instant case.

Affiant adds nothing more at this time. August 1, 2011, Pasig City

RENZ MARK V. GARCIA

Affiant

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Petition for Certiorari

(Rules of Court. Rule 65) Republic of the Philippines

COURT OF APPEALS 3rd Division

Manila

ALY M. MANRIQUE,

Petitioner,

NATIONAL LABOR RELATIONS COMMISSION,

Respondent,

Private Respondent.

x---x

PETITION FOR CERTIORARI

COMES NOW, petitioner through the undersigned counsel in

the above-entitled case, unto this Honorable Court, most respectfully states and alleges:

1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents);

2. That (state the facts and circumstances under which the respondent tribunal, board or officer, exercising judicial functions) has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in the exercise of his judicial functions (including your arguments);

3. That (state that there is no appeal from such decision or any plain, speedy and adequate remedy in the ordinary course of law);

4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as “Annex A”,

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together with copies of all pleadings and documents relevant and pertinent thereto.

5. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received).

P R A Y E R

WHEREFORE, it is respectfully prayed, that a writ of

certiorari be issued annulling the judgment or order herein complained of (with prayer for a preliminary injunction as the case may be, for the protection of the rights of petitioner pending such proceedings), and after due hearing, that judgment be rendered annulling or modifying the decision or order subject of this petition and the proceedings of (the defendant tribunal, board or officer), with costs against private respondent.

By:

Counsel for Petitioner

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Complaint-Affidavit

(Rules of Court, Rule 112) Republic of the Philippines )

COMPLAINT-AFFIDAVIT

I, Renz Mark V. Garcia, Filipino, of legal age, single, and a resident of #123 Pearl Drive, Ortigas Center, Pasig City, after being sworn to in accordance with law, depose and state that:

1. I am a first year law student of the Polytechnic University of the Philippines – College of Law (PUP-COL), Sta. Mesa, Manila;

2. I know Emmanuel Caliwan is a senior student in the College of Law, but I don’t know him personally since we do not have any subjects in common;

3. Sometime around eight in the evening of August 28, 2016 after my class, while I was walking towards my car at the parking lot of PUP-COL, that said Elmer came running towards me and without any warning punched me thrice in the face.

4. The other students within the vicinity approached us and restrained Emmanuel Caliwan;

5. I proceeded immediately to the University clinic for medical check-up, and Doctor Frankenstein who personally attended to me diagnosed that I suffered a broken cartilage on my nose and it would take nine days for the injury to heal; attached is a medical certificate issued by Dr. Frankenstein.

In view of the foregoing, I am executing this affidavit to support the filing of a criminal case for slight physical injuries against Emmanuel Caliwan.

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IN WITNESS WHEREOF, I have hereunto set my hand this

2nd_{day of September, 2016 at the City of Manila, Philippines.}

RENZ MARK V. GARCIA Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 2nd_{day of}

September, 2016 at the City of Manila, Philippines.I hereby certify that I have examined the Affiant and that the foregoing statements were given by him voluntarily and of his own free will.

CLAUDETTE M. VOGEL City Prosecutor’s Office

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Counter-Affidavit

(Rules of Court, Rule 112) Republic of the Philippines )

COUNTER-AFFIDAVIT

I, _______, of legal age, with assistance of counsel, do hereby state under oath that:

(state the circumstances)

It is utterly inexplicable that _____ would hold me liable for estafa when all that I did was to refer ______ to Mr. _____; to a certain extent, I even exerted my best efforts to see that Ms.____ was paid due simply to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation.

I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315 of the Revised Penal Code. If at all, any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel units; any liability should pertain to the office of the mayor, not to me.

Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of estafa or that any crime at all has been committed. The complaint against me should, thus, be dismissed.

To the truth of the foregoing, I have signed this Counter-Affidavit on _____________.

_________________________ Affiant

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Affidavit of Desistance

AFFIDAVIT OF DESISTANCE

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila, after having duly sworn to in accordance with law hereby depose and state:

1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in the case entitled "People of the

Philippines versus Jesus Santos", Criminal Case No.

12345, Metropolitan Trial Court, Branch No. 11, City of Manila.

2. After my sober and soul searching assessment and analysis of the incident, I have realized that because I was not wearing my eyeglasses and it was dark, I can not point out, without a doubt the accused or any other person/s who inflicted harm against me.

3. Since I could not state with certainty and without doubt the liability of Jesus Santos, in fairness to him, I am permanently withdrawing my complaint against him. I clear him of whatever responsibility or liability to me. 4. I hereby inform the City Prosecutor of Manila that I am

withdrawing my complaint for Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the Philippines

versus Jesus Santos", Metropolitan Trial Court, Branch

No. 11, City of Manila.

5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to dismiss with prejudice the said criminal case.

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JUAN DE LA CRUZ

Complaining Witness

SUBSCRIBED AND SWORN to before me this 10th_{day of}

October 2016 at the City of Manila, Philippines.

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Information

(Rules of Court, Rule 110 and 117, DOJ Circular No 61, 21 September 1993, New Rules on Inquest)

Republic of the Philippines  National Capital Judicial Region 

REGIONAL TRIAL COURT 

Branch 40, Manila City 

Plaintiff,

- versus - For: ____________

Accused.

x---x

INFORMATION

The undersigned Public Prosecutor accuses (name of accused) of the crime of (name of the crime) punishable under

(Revised Penal Code or state the special law violated) committed

as follows:

That on (date when crime was committed), the said accused did then and there willfully, and unlawfully (include

feloniously if it is a violation of the Revised Penal Code) (state how committed and the name of the private offended party) in

the (place where committed) within the City of Manila and in the jurisdiction of this Honorable Court resulting to damage to the private offended party in the amount of P1,000,000.00.

Contrary to law.

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CERTIFICATION OF PRELIMINARY INVESTIGATION

I hereby certify the following:

a) That I have conducted a preliminary investigation in the case;

b) That I examined the complainant and his witnesses; c) that based on the evidence presented, there is reasonable

ground to believe that the accused is probably guilty of the offense charged;

d) That I gave the accused the opportunity to submit controverting evidence; and

e) That the filing of this information has been approved by the City Prosecutor.

ATTY. JED LAURAYA

Asst. City Prosecutor

JURAT

1st Public Prosecutor List of Witnesses: Bail Recommended:

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Petition for Bail

(Rules of Court, Rule 114)

A.M 12-11-2-SC, Guidelines for Decongesting Holding Jails By Enforcing the Rights of the Accused Persons to Bail and to

Speedy Trial.

Republic of the Philippines  National Capital Judicial Region 

REGIONAL TRIAL COURT 

Branch 40, Manila City 

Plaintiff,

- versus - For: ____________

Accused.

x---x

PETITION FOR BAIL

Accused, through the undersigned counsel, unto this Honorable Court, respectfully states that:

1. That accused is currently detained at the Makati City Jail for the charge of Frustrated Murder and has been behind bars since his arrest on August 1, 2013;

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

3. That the prosecution's evidence of guilt against accused, however, is weak as there is no direct evidence that will point to the accused to have committed the the charges against him. The records will show that accused was malicious implicated in the case through the sworn

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of witnesses" against their will. (copies of the Affidavits of Recantation are hereto attached as Annexes "A" and "B") 4. That there is no other physical or documentary evidence

to show that accused is guilty of the crime charged;.

5. That the burden of showing that evidence of guilt is strong is on the prosecution, and since this fact is not satisfactorily shown, accused is entitled to bail as a matter of right during the pendency of the criminal case.

WHEREFORE, upon prior notice and hearing, it is

respectfully prayed of this Honorable Court that accused AKU SADO be allowed to post bail for his temporary liberty pending trial of the criminal charge against him.

Other just and equitable reliefs are likewise prayed for. Respectfully submitted.

Counsel for Accused

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Demurrer to Evidence (Section 23, Rule 19) Republic of the Philippines  National Capital Judicial Region  REGIONAL TRIAL COURT  Branch 40, Manila City 

Plaintiff,

- versus - For: ____________

Accused.

x---x

DEMURRER TO EVIDENCE

Accused, __________________, through counsel, and

pursuant to leave granted by this Honorable Court, in its order dated _____________ respectfully submits this motion to dismiss by way 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)

WHEREFORE, it is respectfully prayed that the case

against the accused be dismissed. Other just and equitable remedies are likewise prayed for.

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Mandamus Republic of the Philippines  National Capital Judicial Region  REGIONAL TRIAL COURT  Branch 40, Manila City  XXX, Petitioner,

- versus - For: ____________

YYY,

Respondent.

x---x

PETITION FOR MANDAMUS

Petitioner, through counsel and unto this Honorable

Court, most respectfully alleges that:

1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents);

2. That (state the facts and circumstances under which the respondent-tribunal, board or officer) unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled;

3. That the petitioner has no other plain, speedy and adequate remedies in the ordinary course of law other than this action;

4. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received).

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5. That the petitioner by reason of the wrongful act of the respondent has sustained damages in the sum of __________ pesos (Php___________);

P R A Y E R

WHEREFORE, it is respectfully prayed, that after due

notice and hearing, a Writ of mandamus be issued, commanding the respondent forthwith to: (here state the act required to be done, with damages and costs.)

By:

Counsel for Petitioner

VERIFICATION WITH

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