Louie - Forms

8/11/2019 Louie - Forms

1/77

PLEADINGS, PETITIONS, MOTIONS AND OTHER

JUDICIAL AND LEGAL FORMS(Revised 2007)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of Law BarExamination Candidates for 200! the Law Interns of U"P" #$ce of Legal %id &UP'#L%(! and

the students in the author)s classes"

%ny other use! without permission of the author! is prohi*ited and all legal rights arereserved"

1These forms were first published in 1! for use in the "# $%w &%r Ops for th%t 'e%r.2ssist%nt #rofessor %nd Diretor* "niversit' of the #hilippines Offie of $e+%l id, $l.&.* ".#. (10), -r%teful

%nowled+ement is +iven to /eli %rie . -uerrero* $l.&. ".#. (200!* epeted) for inv%lu%ble %ssist%ne in re3

form%ttin+* proofre%din+ %nd upd%tin+ of le+%l referenes.


2/77

TABLE OF CONTENTS

+a*le of Contents ii#n ,riting! Legally vI" C#--#. /#-1

%" Caption and +itle B" Prayer C" 3urat 4" 5eri6cation 2E" Certi6cation against /orum 1hopping 2/" Com*ined 5eri6cation and Certi6cation against /orum 1hopping 27" Com*ined 5eri6cation! Certi6cation against /orum 1hopping! and

1tatement of -aterial 4ates 89" e:uest for and .otice of 9earing 8I" Proof of Personal 1ervice 8

3" Proof of service *y registered mail &with Explanation for failure toserve personally( ;

-" .otice of %ppeal >

II" PLE%4I.71 %.4 #+9E LE7%L 4#CU-E.+1 I. CI5IL P#CE4UE%" Complaint &and other initiatory pleadings(

" Complaint for e?ectment with damages @2" Complaint for sum of money 8" Complaint for eplevin A;" Complaint to set period of years for lease

B" %nswer with a$rmative defenses and counterclaims" %nswer with compulsory counterclaim 02" %nswer with counterclaim and cross'claim 2

C" Pre'trial Brief 84" -otions

" -otion to 4ismiss &with e:uest for and .otice of 9earing( >2" -otion for leave of court to 6le pleading &with explanation for

service *y registered mail( @8" -otion for 3udgment on the Pleadings ;" Ex parte motion to set for trial A>" -otion for postponement @" -otion for extension of time 20

" -otion to declare defendant in default 2A" -otion to lift order in default 22

E" 1pecial Civil %ctions1. Certiorari (with Injunction and/or TRO) !rohi"ition and

#anda$u%

a" Certiorari 28*" Prohi*ition 2;

i


3/77

c" -andamus 2>2" uo warranto! Interpleader! uieting of +itle! and 4eclaratory

eliefa" Complaint in Interpleader 2@*" %ction to uiet &or emove Cloud on( +itle 2c" %ction for 4eclaratory elief 2Ad" uo ,arranto 2

III" PLE%4I.71 %.4 #+9E LE7%L /#-1 I. CI-I.%L P#CE4UE%" Complaint'%$davit and Counter'%$davit

" Complaint'%$davit 802" Counter'%$davit 8

B" Information and Complaint" Information &with Certi6cate of Preliminary Investigation or

In:uest(a" Bigamy 88*" +heft 8;

c" %ttempted ape 8>d" /rustrated -urder 8@

C" -otions" -otion to uash Information 82" -otion to uash 1earch ,arrant 8A8" -otion to 1uppress Evidence 8;" -otion for Bail ;0

4" %pplication for Bail ;

I5" PLE%4I.71 %.4 #+9E LE7%L 4#CU-E.+1 C#--#. +# CI5IL %.4CI-I.%L P#CE4UE%" #Der of Evidence and #ppositionComment to #Der

" /ormal #Der of Evidence ;22" Comment#pposition to #Der ;8

B" 4emurrer to the Evidence" Criminal cases ;;2" Civil cases ;>

C" .otice of Lis Pendens ;@4" %ppearance as Counsel ;E" ,ithdrawal as Counsel

" ,ithdrawal with conformity of client ;A2" ,ithdrawal without conformity of client ;A

/" 1u*stitution of Counsel ;

7" .otice of %ppeal ;

5" PLE%4I.71 %.4 LE7%L 4#CU-E.+1 #. 4#-E1+IC C%1E1 %.41PECI%L P#CEE4I.71%" Petition for 9a*eas Corpus >0B" Petition for %doption >C" Petition for 4eclaration of .ullity of -arriage with %pplication for >2

i


4/77

Provisional #rders4" Petition for Pro*ate of 9olographic ,ill >;

5I" 4EE41! C#.+%C+1 %.4 #+9E C#P#%+E LE7%L 4#CU-E.+1%" 1pecial Power of %ttorney >>B" 7eneral Power of %ttorney >>C" Contract of Lease >@4" 9olographic ,ill >E" .otarial ,ill >/" %ttestation Clause for a .otarial ,ill >A7" %c=nowledgement of a .otarial ,ill >A9" 4onation Inter 5ivos >I" %c=nowledgment of .ominee 1tatus with %ssignment of 1hares @0

3" 1ecretary)s Certi6cate @


5/77

ON WRITING, LEGALLY

Therefore, its name was called Babel, becausethere the Lord confused the language of all theearth. Genesis, 11:9, ESV

4f brevit' is the soul of wit* wh%t now is to beome of l%w'ers (%nd l%w students) whowould nonh%l%ntl' write % 1003p%+e doument %nd d%re %ll it % 5&rief6

The tr%dition%l notion of le+%l writin+ is th%t it is % ompetition to put to+ether %s m%n'four to five3s'll%ble words in % one3p%r%+r%ph sentene. The l%n+u%+e of the l%w m'stifies %nd

with this omes the power of the l%w'er. The more obsure %nd obtuse the l%n+u%+e* the +re%ter

the need for % l%w'er.

Histor' h%s +iven us m%n' l%n+u%+e h%ndi%ps %nd obst%les to l%rit' %nd preision.

Throu+hout four 'e%rs of l%w shool* the l%w student* who eventu%ll' beomes % l%w'er* istr%ined to thin in %rh%i words %nd phr%ses8le+%lese8whih %ppe%r to h%ve le+%l si+nifi%ne

but is %tu%ll' too impreise to help %n'one underst%nd wh%t is +oin+ on. nd to %dd to theb%belish situ%tion* there %re hundreds of words in % de%d l%n+u%+e8$%tin8th%t h%ve little

relev%ne to the ontempor%r' world.

There is % se% h%n+e* however* +oin+ on in le+%l writin+. ore %nd more* ple%ders %re

%sed to be le%r %nd onise* preise not ped%nti. 9h' w%ste five words when three will do:

&ut h%n+e* %s %lw%'s* is diffiult %nd p%inful. ;et* it is %n essenti%l response to tod%'ot onl' must the writer now

the %r+uments %nd the b%ses for his %r+uments* but she must %lso re%lie th%t these %r+uments

need to be presented in % m%nner th%t is tehni%ll' suffiient.

:' f%vorite* %nd m%n' of m' students will %ttest to this* is the %bsolutel' %rh%i Comes Now, the Plaintiff, by theundersigned counsel, unto this Honorable Court, resectfully states that!%s p%rt of ever' ple%din+. 9h' w%ste 1?

words* when @ will do* thusA Plaintiff, by counsel, resectfully states that!"The l%tter loses none of the le+%l

+r%vit%s but loses ever' bit of the %rh%i pretense th%t m'stifies the l%w %nd perpetu%tes the notion th%t l%'wers

now wh%t the' %re doin+ e%h %nd ever' time.

v


6/77


7/77

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

epu*lic of the Philippines.ational Capital 3udicial egion

E7I#.%L +I%L C#U+

Branch ! -anila

FFFFFFFFFFFFFFFFFFFF!PlaintiD!

'versus' Civil Case.o"FFFFFFFFFFFFFFF

/or FFFFFFFFFFFFFFFFFFFFFFF

FFFFFFFFFFFFFFFFFFFFFF!4efendant"

x ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' x

B. !raer

P%GE

,9EE/#E it is respectfully prayed! after notice and hearing! that the defendant *eordered to pay the plaintiD the amount of #ne -illion Pesos &Php"!000!000( for actual andcompensatory damages! /ifty +housand Pesos &Php">0!000( for moral damages! /ifty

+housand Pesos &Php">0!000( for exemplary damages! and /ifty +housand Pesos&Php">0!000( for attorney)s fees"

#ther ?ust and e:uita*le reliefs are also prayed for"

C. urat

1UB1CIBE4 %.4 1,#. +# *efore me in the City of FFFFFFFFFFFFFFF on this day ofFFFFFFFFFFFFFFFFF! a$ant exhi*iting *efore me his community tax certi6cate no"FFFFFFFFFFFFFFF issued on FFFFFFFFFFFFFFFFFF at FFFFFFFFFFFFFFFFFFFFF"

&1gd"( ." #" +%I#.otary Pu*lic

Until FFFFFFFFFFFFFFFFFFP+ .o" FFFFFFFFFFFFFFFIssued at FFFFFFFFFFFFFF#n FFFFFFFFFFFFFFFFFFF

4oc" .o"Page .o"Boo= .o"1eries of 200"

1


8/77

*. +eri,cation

5EI/IC%+I#.

epu*lic of the Philippines (City of FFFFFFFFFFFFFFF ( s"s"

C"


9/77

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

5EI/IC%+I#. J CE+I/IC%+I#. %7%I.1+ /#U- 19#PPI.7

I! C"


10/77

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

Copy furnished through registered mailH%tty" -itch -c4eereCounsel for the 4efendant

2 +he /irmLaguna 1treet! ueKon Cityegistry eceipt .o" FFFFFFFFPost #$ce FFFFFFFFFFFFFFFF4ate FFFFFFFFFFFFFFFFFFFFF

EPL%.%+I#.

+he foregoing &designation of pleading! motion! etc"( and its attachment were servedon %tty" -itch -c4eere *y registered mail instead of personal service as counsel forpetitioner only has one messenger and personal service would have resulted in the motionnot *eing 6led on time to the detriment of petitioner"

&1gd"( %++ICU1 /I.C9

epu*lic of the Philippines (City of FFFFFFFFFFFFFFF ( s"s"

%//I4%5I+

I! 9%PE LEE! a messenger of %tty" %tticus /inch! with o$ce address atFFFFFFFFFFFFFFFFFF! after *eing duly sworn! deposes and statesH

+hat on FFFFFFFFFFFFFFFFFFFFFF! I served a copy of the following pleadingspapers *yregistered mail in accordance with 1ection 0! ule 8 of the ules of CourtH

.ature of PleadingPaperFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

in Case .o" FFFFFFFFFFFFFFFFF entitled FFFFFFFFFFFFFFFFFFFF *y depositing a copy in the posto$ce in a sealed envelope! plainly addressed to &name of party or hisher attorney( at

FFFFFFFFFFFFFFF with postage fully paid! as evidenced *y egistry eceipt .o"FFFFFFFFFFFFFFFFFFFFF attached and with instructions to the post master to return the mail tosender after ten &0( days if undelivered"

+# +9E +U+9 #/ +9E /#E7#I.7! I have signed this %$davit on 8 %pril 200! inthe City of -anila! Philippines"

&1gd"( 9%PE LEE

%$ant

!L-S3urat

6. !'ace date %inature addre%% Ro'' nu$"er IB! recei&t nu$"er !TRnu$"er

City of -anila! 8 %pril 200"

%tty" -itch -c4eereCounsel for the 4efendant2 +he /irm! Laguna 1treet!

ueKon City! -etro -anilaoll .o"IBP # .o"! date and place of issueP+ # .o"! date and place of issue

B


11/77

L. Ac7now'ed$ent

epu*lic of the Philippines (City of -anila ( s"s"

BE/#E -E! this 8thday of %pril! 200 in the City of -anila! Philippines! personally

appeared %++ICU1 /I.C9! with M5alid Identi6cation 4ocumentN &4river)s License .o" .2>'0'00( issued *y the Mo$cial agencyN &Land +ransportation #$ce( on 0 3anuary 200!=nown to me to *e the same person who executed the foregoing instrument! and whoac=nowledged to me that the same is his free act and deed"

I. ,I+.E11 ,9EE#/! I have set my hand and a$xed my .otarial seal on the day!year and place written"

&1gd"( ." #" +%I#.otary Pu*lic

Until FFFFFFFFFFFFFFFFFFP+ .o" FFFFFFFFFFFFFFFIssued at FFFFFFFFFFFFFF#n FFFFFFFFFFFFFFFFFFF

4oc" .o"Page .o"Boo= .o"1eries of 200

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

paragraphH

+his instrument! consisting of FFF pages! including the page on which thisac=nowledgment is written! has *een signed on the left margin of each and every pagethereof *y FFFFFFFFFFF and his witnesses &if any(! and sealed with my .otarial seal"

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

paragraphH

+his instrument relates to the sale &or mortgage( of FFF parcels of land! and consistsof FFF pages including the page on which this ac=nowledgment is written! each and everypage of which! on the left margin! having *een signed *y FFFFFFFFFFFFFF and his witnesses &ifany(! and sealed with my .otarial seal"

#. Notice o A&&ea'

.#+ICE #/ %PPE%L

4efendant! %BC! *y counsel! respectfully appeals to this 9onora*le Court the4ecision of the lower court dated 8 %pril 200! a copy of which he received on 2@ %pril200"

ueKon City! 2 -ay 200"

&1gd"( -I+C9 -C4EEECounsel for 4efendant

2 +he /irmLaguna 1treet! ueKon City

?


12/77

II. !LEA*IN0S AN* OT2ER LE0AL *OC-#ENTS IN CI+IL !ROCE*-REA. Co$&'aint (and other initiator &'eadin%)

1. Co$&'aint or eject$ent with da$ae%

819 egional +rial Court.ational Capital 3udicial egion

-E+#P#LI+%. +I%L C#U+ueKon City! Branch 88

%LI1 4I'G%. C#-P%.G!PlaintiD!

Civil Case .o" 2222' versus ' /orH E?ectment

G#! which contract expires on 8 4ecem*er 200@" %copy of the contract is attached as %..E %"

8" Upon expiration of the contract! plaintiD informed defendant of its intention not torenew the lease as it would use the property for its *usiness expansion plaintiD then as=eddefendant to vacate the premises" % copy of plaintiD)s letter to defendant is attached as%..E B"

8" 4efendant)s act of dispossession has caused plaintiD to suDer material in?ury*ecause plaintiD)s *usiness expansion plans could not *e implemented despite the arrival ofmachineries speci6cally leased for this purpose at the rental rate of U1O>00 per month"4efendant)s continued occupation of the premises has also forced plaintiD to sue and to

incur legal expenses amounting to /ifty +housand Pesos &P>0!000"00("

8=9 ,9EE/#E! plaintiD respectfully prays for ?udgment in its favor *y orderingdefendant to vacate the property and peacefully turn over possession to plaintiD and fordefendant to pay plaintiD the amount of U1O8!>00 representing rentals on the machineriesfor seven &( months and /ifty +housand Pesos &P>0!000"00( for %ttorney)s fees"


8>9 ueKon City 8 %pril 200"

8?9 &1gd"( %++ICU1 /I.C9Counsel for PlaintiD

M%ddressN

!L-S" 8@9 5eri6cation and Certi6cation against /orum 1hopping2" 3urat

@


13/77

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

819 epu*lic of the Philippines.ational Capital 3udicial egion

E7I#.%L +I%L C#U+Branch 0! -a=ati City

E1+% P%4#%!PlaintiD!Civil Case .o" 000AA2

' versus ' /orH 1um of -oney

-%.77% 7%.+1#!4efendant"

x '''''''''''''''''''''''''' x

C#-PL%I.+

PL%I.+I//! *y counsel! respectfully states thatH

8:9 " PlaintiD is a /ilipino! of legal age! and resident of @>0 /or*es Par=! -a=atiCity defendant is also a /ilipino! of legal age and resident of @>2! /or*es Par=! -a=ati City!where he may *e served with summons and other processes"

8;9 2" 1ometime in 3anuary 200> and over a period of six &@( months! defendant*orrowed certain amounts from plaintiD" 4efendant promised to pay these amounts on aninstallment *asis monthly" +hese amounts now total .ine 9undred +housand Pesos&P00!000"00("

8" 4efendant)s o*ligation is due and demanda*le and plaintiD is entitled to thepayment of the entire amount of .ine 9undred +housand Pesos &P00!000"00( plus legalinterest"

@" By reason of defendant)s unreasona*le failure or refusal to pay his due anddemanda*le o*ligation! plaintiD was forced to engage the services of counsel to vindicatehis rights there*y committing himself to pay legal expenses amounting to /ifty +housandPesos &P>0!000"00("

8=9 ,9EE/#E! plaintiD respectfully prays for ?udgment in his favor through a

4ecision directing defendant to pay him .I.E 9U.4E4 +9#U1%.4 PE1#1 &P00!000"00(!with legal interest! as %C+U%L 4%-%7E1 and /I/+G +9#U1%.4 PE1#1 &P>0!000"00( as%ttorney)s /ees"


8>9 ueKon City for -a=ati 8 %pril 200"

8?9 &1gd"( %++ICU1 /I.C9Counsel for PlaintiD

M%ddressN

!L-S8@9 5eri6cation and Certi6cation against /orum 1hopping

7


14/77

;. Co$&'aint or Re&'e4in


E7I#.%L +I%L C#U+Branch 0! -a=ati City

9U+1 E.+'%'C%!represented *y %! which defendant! on 8 -arch 200>! rented from plaintiD for a period of one&( wee="

8" PlaintiD is ready! willing and a*le to give *ond in defendant)s name in dou*le thevalue of the property for the return of the property to defendant should that *e ad?udged orfor the payment of such sum that defendant may recover from plaintiD in this action"

8=9 ,9EE/#E! plaintiD respectfully prays that the writ of replevin issue directingthe 1heriD or any other authoriKed o$cer to ta=e possession of the car and dispose of it inaccordance with the ules of Court and! after hearing! ?udgment *e rendered declaringplaintiD to *e lawfully entitled to the possession of the car and sentencing defendant to payits value"

8>9 ueKon City for -a=ati City 8 %pril 200"

8?9 &1gd"( -I+C9 -C4EEECounsel for the PlaintiD

M%ddressN


!


15/77

( days of each month"

8" +here is no 6xed period for the lease agreement except that rentals are to *e paid*y the month"

89 ueKon City for Pasig City 8 %pril 200"

8?9 &1gd"( %++ICU1 /I.C9

Counsel for PlaintiDM%ddressN



16/77

B. An%wer with ar$ati4e deen%e and counterc'ai$1. An%wer with co$&u'%or counterc'ai$

819 egional +rial Court.ational Capital 3udicial egion-E+#P#LI+%. +I%L C#U+

Branch 88! ueKon City

%LI1 4I'G%. C#-P%.G!PlaintiD!

Civil Case .o" 2222' versus ' /or H E?ectment

G#"2" +he Complaint fails to state a cause of action as the Contract ofLease &%..E %( was! *efore its expiration! superceded *y a 4eed of %*solute1ale where*y plaintiD sold to defendant the parcel of land in :uestion! a copyof which is attached as %..E "

Counterclaim

8=9 @" 4efendant reiterates! repleads and incorporates *y reference all the foregoinginsofar as they are material and additionally su*mit that he is entitled to relief arising fromthe 6ling of this malicious and *aseless suit! as followsH

@"" -oral 4amages amounting to #ne -illion Pesos&P9P!000!00000( *ecause his name and reputation were *esmirched *y thismalicious and *aseless suit"

@"2" %ttorney)s /ees amounting to #ne 9undred +housand Pesos&P00!000"00( *ecause he was compelled to secure services of counsel tovindicate his legal rights"

8>9 ,9EE/#E! 4efendant respectfully prays that ?udgment *e rendered in hisfavor *y dismissing the Complaint and granting defendant)s counterclaim *y awardingdefendantH &a( #ne -illion Pesos as -oral 4amages! and &*( /ifty +housand as %ttorney)s/ees"

#ther ?ust and e:uita*le reliefs are prayed for"1


17/77

8?9 ueKon City 8 %pril 200"

8@9 &1gd"( -I+C9 -C4EEECounsel for 4efendant

M%ddressN

8 1D9 5EI/IC%+I#. J CE+I/IC%+I#. %7%I.1+ /#U- 19#PPI.7

I! G#


18/77

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

See/orm .o" B'! supra! *ut add''

8=9 Crossclaim

" 4efendant reiterates! repleads and incorporates *y reference all the foregoinginsofar as they are material and additionally su*mit that he is entitled to indemnity andorcontri*ution from co'defendant -%.77% 7%.+1# in the event that he is made lia*le toplaintiD *ecause co'defendant -%.77% 7%.+1# acted as the duly authoriKed agent ofplaintiD in the sale of the property and! acting as such! received consideration! in the form ofthe purchase price! from defendant"

8>9 ,9EE/#E! 4efendant respectfully prays that ?udgment *e rendered in hisfavor *y

" dismissing the Complaint! and2" granting defendant)s counterclaim *y awarding defendant

a" #ne -illion Pesos &Php"!000!000( as -oral 4amages! and*" /ifty +housand Pesos &Php">0!000( as %ttorney)s /ees"

8" In the event that defendant is $ade lia%le to plainti. on the Co$plaint he furtherprays that codefendant A+A A+'O %e $ade lia%le to inde$nify defendantin the sa$e a$ount under the Crossclai$"

8?9 ueKon City FFFFFFFFFFFFFFFFFF"

8@9 &1gd"( -I+C9 -C4EEECounsel for 4efendant

M%ddressN

!L-S" 8 1D9 5eri6cation and Certi6cation against /orum 1hopping2" 3urat &I/ document is denied(8" 8119 Proof of 1ervice &personal service or service *y registered mail(

1


19/77

C. !retria' Brie


E7I#.%L +I%L C#U+Branch 0! ueKon City

L%! and her reply to the

demand letter"

8"2" 1u*?ect to a concrete proposal for stipulation of additional facts from plaintiDduring pre'trial or even thereafter! defendant admits no other facts stated in the Complaint"

I5" I11UE1 +# BE +IE4

8


20/77

;"2" 4efendant su*mits that the following issues she put forward are su*?ect toproofH

;"2"" PlaintiD)s *ad faith in 6ling this suit;"2"2" 4efendant)s entitlement to the claims made in her Compulsory

Counterclaim as a result of plaintiD)s *ad faith

5" E5I4E.CE

8>9 >"" 4efendant intends to present the following witnessesH

>""" 4efendant herself! who will testify on the true circumstancesleading to the 6ling of this suit against her

>""2" %n employee of +opless Enterprises with personal =nowledge asto the true circumstances *ehind the alleged o*ligations due and owing infavor of plaintiD"

8=9 >"2" 4efendant reserves the right to present any and all documentary evidencewhich shall *ecome relevant to re*ut plaintiD)s claims in the course of trial as well as anyother witnesses whose testimony will *ecome relevant to *elie plaintiD)s witnesses! ifnecessary"

5I" E1#+ +# 4I1C#5EG

8?9 @"" Considering the relatively simple issues presented! defendant does notintend to avail of discovery at this time"

@"2" 1u*?ect! however! to a concrete and reasona*le re:uest for discovery fromplaintiD! defendant reserves the right to resort to discovery *efore trial"

E1PEC+/ULLG 1UB-I++E4"

ueKon City 8 %pril 200"

&1gd"( -I+C9 -C4EEECounsel for 4efendant

M%ddressN

Copy furnishedH

%tty" -% B#L%Counsel for PlaintiD

1


21/77

*. #otion%1. #otion to di%$i%% (with re3ue%t or and notice o hearin)

epu*lic of the Philippines.ational Capital 3udicial egion-E+#P#LI+%. +I%L C#U+

Branch 8! ueKon City

L%


22/77

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

epu*lic of the Philippines1UPE-E C#U+

-anila

L%


23/77

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



L%


24/77


25/77

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



4IL% +#G!PlaintiD!

Civil Case .o" 00AA' versus '

P%1E. 1G#1#!4efendant"

x ''''''''''''''''''''''''' x

-#+I#. /# P#1+P#.E-E.+


" +his case is set for trial on > -ay 200 at AH80 in the morning"

819 2" #n said date and time! the undersigned counsel will *e una*le to appear*efore this 9onora*le Court as he has also *een directed to appear on this date and time*efore the egional +rial Court of -a=ati City! Branch 8 for RPeople of the Philippines v" Bil-o=oS! Criminal Case .o" 00AA! where he is scheduled to terminate cross'examination ofthe prosecution)s expert witness who will *e availa*le only on said date and time"

8:9 8" ,ithout impugning the importance of these proceedings! plaintiD respectfullysu*mits that his attendance in the -a=ati case *ecomes indispensa*le otherwise! theaccused in said case would *e deprived of the opportunity to confront and cross'examine avital witness against her"

;" +his motion is prompted only *y the foregoing reason and not for delay"

8;9 ,9EE/#E! plaintiD respectfully prays that the trial scheduled on > -ay 200*e P#1+P#.E4 to another date convenient to this 9onora*le Court"


&1gd"( -I+C9 -C4EEECounsel for the PlaintiD

M%ddressN

!L-S" 8


26/77

>. #otion or e5ten%ion o ti$e



4IL% +#G!PlaintiD!

Civil Case .o" 00AA' versus '

P%1E. 1G#1#!4efendant"

x '''''''''''''''''''''''''''''''''''' x

-#+I#. /# E+E.1I#. #/ +I-E


" 9e has *een directed to 6le a eply to defendant)s %nswer *y 0 -ay 200"

81 :9 2" +he undersigned counsel! however! anticipates his ina*ility to 6le theeply on or *efore the said due date *ecause of the tremendous pressure of other e:uallyurgent professional wor= re:uiring the preparation of pleadings and almost daily trialappearances *efore the various courts within and outside -etro -anila" /or this reason! theundersigned is constrained to as= for an additional 6fteen &>( days from 0 -ay 200! oruntil 2> -ay 200! within which to su*mit plaintiD)s eply"

8" +his motion is not intended for delay *ut is motivated only *y the foregoingreason"

8;9 ,9EE/#E! plaintiD respectfully prays that he *e granted an additional 6fteen&>( days from 0 -ay 200! or until 2> -ay 200! within which to su*mit plaintiD)s eply"


&1gd"( -I+C9 -C4EEECounsel for PlaintiD

M%ddressN

!L-S" 8


27/77

?. #otion to dec'are deendant in deau't



%.%


28/77

@. #otion to 'it order o deau't



%.% -arch 200! was set for hearing on 0 %pril 200!as indicated on the Re:uest for and .otice of 9earingS"

2" ,ithout waiting for the hearing on the -otion to 4ismiss! this 9onora*le Courtdeclared defendant in default on %pril 200 *ased solely on plaintiD)s -otion! 6led two &2(days after the supposed lapse of the reglementary period! which! however! was tolled *y the6ling of a -otion to 4ismiss"

81 :9 8" Under the circumstances! the order of default is premature and withoutlegal and factual *asis asH &a( defendant has not failed to 6le an %nswer within thereglementary period! &*( the reglementary period has not lapsed *ecause of the 6ling of the-otion to 4ismiss within the period! and &c( the pendency of the -otion to 4ismiss ispre?udicial to the issue of defendant)s default" Conse:uently! the order of default should *elifted"

8;9 ,9EE/#E! defendant respectfully prays that the #rder of 4efault against her*e LI/+E4 and that this 9onora*le Court resolve her -otion to 4ismiss"

ueKon City A %pril 200"

&1gd"( #BI ,%.


29/77

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

a. Certiorari

&Caption and +itle(

PE+I+I#.

PE+I+I#.E! *y counsel! respectfully states thatH

8:9 " &tate capacity of petitioner and respondent/s citi4enship status andresidence"(

2" &tate the date on 5hich copy of Decision 5as received and/or Resolution onotion for Reconsideration if )led denied((

8;9 8" &tate %rie6y the facts and circu$stances under 5hich the respondent/se7ercisin# 8udicial functions acted 5ithout or in e7cess of 8urisdiction or 5ith #rave a%use ofdiscretion a$ountin# to lac9 or e7cess of 8urisdiction((

;" &tate entitle$ent to In8unction and/or 'RO i(e( [a] petitioner has a clear le#alri#ht [%] 5hich is threatened %y an act or o$ission of respondents [c] and that unlessrestrained 5ill cause #rave and irrepara%le in8ury to petitioner( Alle#e also that petitioner isready to post a %ond in an a$ount to %e )7ed %y the Court conditioned upon the pay$entto respondents of any da$a#es su.ered arisin# fro$ the 5rit should petitioner %e found notto %e entitled to the 5rit((

>" +here is no appeal from such decision or any plain or ade:uate speedy remedy inthe ordinary course of law! except this petition"

@" % certi6ed true copy &or duplicate original copy( of the 4ecision under review isattached as %..E %"

8@! section 2 applica*le to petitions forcertiorari! mandamus and prohi*ition" ule >@! section 2 provides that ules ;@! ;A! ;! >!>2 and >@ apply" ule ;@! section 8 provides that the &etition $u%t "e acco$&anied noton' " a certi,ed true co& o the jud$ent or order 3ue%tioned "ut a'%o "G%uch $ateria' &ortion% o the record a% are reerred to therein and otherdocu$ent% re'e4ant or &ertinent thereto"S

2


30/77

". !rohi"ition

&Caption and +itle(

PE+I+I#.


8:9 " &tate capacity of petitioner and respondent/s citi4enship status andresidence"(

2" &If applica*le! state the date on 5hich copy of Decision 5as received and/orResolution on otion for Reconsideration if )led denied((

8;9 8" &tate %rie6y the facts and circu$stances under 5hich the respondent/s5hether e7ercisin# 8udicial or $inisterial functions acted 5ithout or in e7cess of 8urisdictionor 5ith #rave a%use of discretion a$ountin# to lac9 or e7cess of 8urisdiction((

;" &tate entitle$ent to In8unction and/or 'RO i(e( [a] petitioner has a clear le#alri#ht [%] 5hich is threatened %y an act or o$ission of respondents [c] and that unlessrestrained 5ill cause #rave and irrepara%le in8ury to petitioner( Alle#e also that petitioner isready to post a %ond in an a$ount to %e )7ed %y the Court conditioned upon the pay$entto respondents of any da$a#es su.ered arisin# fro$ the 5rit should petitioner %e found notto %e entitled to the 5rit((

>" +here is no appeal from such decision or any plain or ade:uate speedy remedy inthe ordinary course of law! except this petition"

@" % certi6ed true copy &or duplicate original copy( of the 4ecision under review isattached as %..E %"

8


31/77

c. #anda$u%

&Caption and title(

PE+I+I#.


8:9 " :tate the capacity of petitioner and respondent/s and their addresses((

8;9 2" &tate the facts and circu$stances 5here%y respondent/s unla5fullyne#lected the perfor$ance of an act 5hich the la5 speci)cally en8oins as a duty resultin#fro$ an o;ce trust or station or unla5fully e7cluded the petitioner fro$ the en8oy$ent of ari#ht or o;ce to 5hich the petitioner is entitled"(

8" Petitioner has no appeal from such decision or any plain or ade:uate speedyremedy in the ordinary course of law! except this petition"

8


32/77

:. Huo warranto Inter&'eader Huietin o Tit'e and *ec'arator Re'iea. Co$&'aint in Inter&'eader

.%LI LI+#!PlaintiD!

1C% .o" FFFFFFFFFFFF

' versus '

U-% %7%, and I.% %7%,%.!4efendants"

x ''''''''''''''''''''''''''''''''''''''' x

C#-PL%I.+


819 " PlaintiD and defendants are all of legal age plaintiD resides at FFFFFFFFFFFFFFFFwhile defendants reside at FFFFFFFFFFFFFFF and FFFFFFFFFFFFFFF! respectively! where they may*e served with pertinent notices"

8:9 2" #n 3une 200! plaintiD found a 7old olex #yster watch! without =nowingwho its true owner is" +he watch is now in plaintiD)s possession" #n or a*out > 3une !defendants made similar representations to plaintiD as to ownership of the watch"

8" PlaintiD! who claims no interest in the watch! cannot determine the conictingclaims of defendants and thus see=s to compel defendants to interplead and litigate theirseveral claims *etween themselves"

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

89 5eri6cation and Certi6cation against /orum 1hopping

2


33/77

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

I. EH UIE+I.7 #/ +I+LE #5E +9EP#PE+G C#5EE4 BG +C+ .#" 28;>

1C% .o" 8>.%LI LI+#! as 1pecial %dministrator of the

Estate of the deceased 4%-I LUP%!Petitioner!

U-% %7%,!espondent"

x '''''''''''''''''''''''''''''''''''''''''''''''' x

PE+I+I#.


819 " 9e is the special administrator of the estate of the deceased 4%-I LUP%"

8:9 2" +he deceased! during his lifetime! executed a 4eed of 1ale of real estate infavor of the respondent dated FFFFFFFFFFFFF! and particularly descri*ed! as followsH

&4escri*e property(

covered *y +C+ .o" 28;> in the egister of 4eeds of -a=ati" +he same is annotated on thetitle as the only encum*rance thereon"

8" +he sale is 6ctitious and the 4eed of 1ale is forged! as shown *y a ?udgment inCivil Case .o" 2;@A! a copy of which is attached"

;" +he existence of the alleged 4eed of 1ale is pre?udicial and in?urious to the title ofthe lawful heirs of the deceased upon the said property" E:uity demands that the said 4eedof 1ale *e surrendered and cancelled! as it is a cloud upon the title of the deceased and hislawful heirs"

8;9 ,9EE/#E! petitioner respectfully prays that this 9onora*le Court render?udgment in the Estate)s favor *y ordering the 4eed of 1ale surrendered and cancelled andthe cloud on +itle .o" 28;> removed"


2


34/77

c. Action or *ec'arator Re'ie

I.% %PI!PlaintiD!

' versus ' Civil Case .o" 2;@A

+9E CI+G C#U.CIL#/ UE#. CI+G!

4efendant"x ''''''''''''''''''''''''''' x

C#-PL%I.+


819 " PlaintiD is a /ilipino citiKen of legal age and resident of ueKon Citydefendant is the City Council of ueKon City! the duly'constituted legislative *ody forueKon City! its mem*ers may *e served with notices at ueKon City 9all"

8:9 2" #n %ugust ! defendant City Council passed #rdinance .o" 28;> ma=ingit unlawful to operate cellular phone units while inside a moving vehicle and penaliKing anyviolations with a 6ne of P!000"00 for each oDense in addition to impounding of the cellularphone unit" +he relevant portions of the #rdinance are! as followsH

&uote the relevant portions(

8" +he a*ove':uoted portion is am*iguous *ecause it leaves unfettered discretion tothe authorities to stop even urgent and important calls which may *e made only while theperson is in transit" It fails to consider that! due to the worsening tra$c conditions in -etro-anila! ma?ority of *usiness is conducted in transit and over cellular phones" PlaintiD is alawyer who fre:uently has to dictate important pleadings over the phone while in transit dueto the worsening tra$c condition" +he #rdinance appears to *ar his doing so *ut plaintiD isunaware of the limits of permissi*le action under the #rdinance"

;" Unless declaratory relief is granted! plaintiD will suDer grave and irrepara*le in?ury*ecause he is unsure of the instances when he may lawfully use his cellular phone while in amoving vehicle and when such use may lead to con6scation and a 6ne"

8;9 ,9EE/#E! plaintiD respectfully prays that this 9onora*le Court grantdeclaratory relief and declare plaintiD)s rights and duties under the #rdinance"


2


35/77

d. Huo arranto

&Caption and title(

C#-PL%I.+


819 " &tate the capacity and address of %oth plainti. and defendant((

8:9 2" &tate fully and clearly the facts and circu$stances sho5in# that defendant isunla5fully occupyin# a pu%lic o;ce and that plainti. is entitled to hold the sa$e o;ce((

8" &tate that plainti. has de$anded that defendant vacate said o;ce and deliver itto plainti. %ut that defendant has unla5fully refused to do so(=

8;9 ,9EE/#E! plaintiD respectfully prays that a writ of :uo warranto issue oustingand excluding defendant from occupying the o$ce of FFFFFFFFFFFF and declare that plaintiDis entitled to the said o$ce and that he *e placed forthwith in possession thereof"


2


36/77

III. !LEA*IN0S AN* OT2ER LE0AL FOR#S IN CRI#INAL !ROCE*-REA. Co$&'aintAda4it and CounterAda4it

1. Co$&'aintAda4it

epu*lic of the Philippines (City of -a=ati ( s"s"

CO#!LAINTAFFI*A+IT

819 I! #A SELAN! of legal age! /ilipino! 5ith assistance of counseland 8:9resident of; Privet 4rive! +riple 5illage! -a=ati! do here*y state under oath thatH

" I am a mem*er of the +riple 5illage 9omeowner)s %ssociation &R%ssociationS(and was formerly a 4irector and Corporate 1ecretary of the %ssociation"

8;9 2" I accuse and here*y charge #R. #A IN0AJ! residing at > Privet 4rive! +riple 5illage! -a=ati! of violating %rticle 8>A of the evised Penal Code &1lander and #ral4efamation(! committed against me when he pu*licly! maliciously and deli*erately uttereddefamatory remar=s against me during the Board -eeting of the %ssociation on 2 3anuary200" +his is attested to *y the following exchange that transpired *etween -r" Ingay andthe other mem*ers of the Board in attendanceH

&uote Exchange(

%ttached as ANNEK Ais a copy of the o$cial transcript of the meeting"

8" Prior resort to the Barangay conciliation system proved fruitless as -r" Ingay didnot retract his remar=s" Conse:uently! a RCerti6cation to /ile %ctionS was issued *y theBarangay Chairperson! a copy of which is attached as ANNEK B"

;" +here is no other person named R-a 1elanS residing at +riple 5illage nor is thereany other person named R-a 1elanS who has acted as Board -em*er of the %ssociation"Conse:uently! -r" Ingay)s pu*lic and defamatory utterance was clearly a reference to meand to no other"

>" -r" -a Ingay)s remar=s! calling me a swindler twice over! uttered in a pu*licmeeting are clearly insulting and defamatory as they malign me and attri*ute to me acriminal act! nature and predisposition" +here is! moreover! no dou*t that -r" Ingay)s use ofthe word RswindledS was deli*erate as his explanation and clari6cation a few utterancesthereafter would show" -r" Ingay)s remar=s are also very serious as they cast aspersions onmy reputation! character and very person *efore my peers and fellow homeowners"

@" -r" Ingay)s remar=s have in?ured my name! reputation and character *efore myneigh*ors and peers" ,hile my name! reputation and character are incapa*le of pecuniaryestimation as these are the result of a lifetime)s eDort to *uild a name! reputation andcharacter that my children and their children can *e proud to *ear! -r" Ingay cannot *e

allowed to simply go scot'free without *earing the conse:uences of his acts" /or this reason!I a$ a'%o ho'din #r. #a Ina 'ia"'e ci4i'' or dea$in $e in the a$ount o One#i''ion !e%o% (!1DDDDDD.DD) in no$ina' da$ae% Fi4e 2undred Thou%and !e%o%(!=DDDDD.DD) in $ora' da$ae% and Fi4e 2undred Thou%and !e%o% (!=DDDDD.DD)in e5e$&'ar da$ae%"

+# +9E +U+9 #/ +9E /#E7#I.7! I have signed this Complaint'%$davit on 8 %pril200"

8


37/77

:. CounterAda4it

epu*lic of the Philippines (City of -a=ati ( s"s"

C#U.+E'%//I4%5I+

eH I"1" .o" @8

819 I! #A LABO of legal age! 5ith assistance of counseldo here*y state under oaththatH

" I am the Chief of 1taD of the -ayor of ueKon City! and have *een occupying saidpost since his election to the post in A" In said capacity! I am in charge of coordinatingthe day'to'day aDairs and activities of his #$ce"

8:9 2" I recently learned that I have *een made a respondent in I"1" .o" @8! acharge for estafa! 6led *y a certain #A 0-LAN0on 3anuary 200 *efore the #$ce ofthe City Prosecutor for ueKon City"

8" +he charge is *ased on a supposedly unpaid account for the purchase of seven &(.extel phone units *y a -r" -%.77% 7%.+1# of the ueKon City escue and Environmental4istress Unit! which made the -ayor their 9onorary Chairman with no direct functions hehas *een supporting their activities 6nancially with voluntary contri*utions"

8;9 ;" +here is no truth to the allegations in -% 7UL%.7)s complaint" +here is nofactual nor legal *asis to charge me with estafa" +he Complaint must *e dismissed" +o re*utand contradict -% 7UL%.7)s malicious lies! I set forth the true circumstances leading to thetransaction *elowH

;"" 1ometime last year! -s" 7ulang called the o$ce of the -ayor!loo=ing for him I informed her that he was not around" I too= a message fromher saying that she was a friend of the -ayor and that she was selling .extelunits and if we wanted to *uy units from her" I informed her that *oth the-ayor and I had our units already she then told me if the -ayor could referher to prospective clients" ,hen the -ayor arrived! I relayed the message tohim"

;"2" uite coincidentally! -r" 7antso had called the -ayor as=ing if hecould assist in securing .extel units" +he -ayor as=ed me to call -s" 7ulang"-r" 7antso and -s" 7ulang were a*le to meet! as a result"

;"8" #n that day! -s" 7ulang *rought the units to the -ayor)s #$ceshe met with -r" 7antso inside the -ayor)s o$ce" +hey transacted *usinessinside the -ayor)s #$ce and only passed *y my o$ce on their way out"

;";" 1ome time after that! -s" 7ulang phoned me and told me that -r"

7antso had not paid her the amount of P!000"00 for the units" 1omewhatem*arrassed *y this! I called -r" 7antso and told him to pay -s" 7ulang heassured me that he would pay her *ut that he ?ust needed to collect moneyfrom the rest of the group"

;">" %fter persistent calls from -s" 7ulang telling me that -r" 7antsohad not yet paid! I gave her the telephone num*er of 7antso so that she could

?ust call him directly" But even then! I would still get calls from -s" 7ulang andwhen she started to get angry over the telephone! I set up an appointment for-r" 7antso to meet with her at the #$ce"

;"@" +hereafter! I would still receive phone calls telling me that -r"7antso had yet to pay I would follow up with -r" 7antso *ut he simply gave

me this promise that he would pay"

>" It is utterly inexplica*le that -s" 7ulang would hold me lia*le for estafa when allthat I did was to refer -s" 7ulang to -r" 7antso to a certain extent! I even exerted my *esteDorts to see that -s" 7ulang was paid due simply to my great em*arrassment at theprospect of *eing accused of referring a person who does not =now how to pay for ano*ligation"

@" /or this reason! it is certainly incomprehensi*le that I should stand accused ofestafa *y -s" 7ulang" I &eror$ed no act o deceit or raud aain%t her in orderinthe unit%. I &eror$ed NO ACT that e4en re$ote' re%e$"'e% ANJ o the act%&uni%hed under Artic'e ;1=" If at all! any cause of action is PUELG CI5IL in nature andthat lia*ility does not pertain to my personal account in the a*sence of a showing that I

:


38/77

*ene6ted from the .extel units &which -s" 7ulang does not even allege and cannot prove(any civil lia*ility should pertain to the #$ce of the -ayor! not to me"

" Considering the foregoing! I respectfully su*mit that there is nopri$a facie*asisto conclude that the crime of Estafa or that any crime at all has *een committed" +heComplaint against me should! thus! *e dismissed"

+# +9E +U+9 #/ +9E /#E7#I.7! I have signed this 1tatement on 8 /e*ruary200"

8


39/77


40/77

". Thet

&Caption(

PE#PLE #/ +9E P9ILIPPI.E1!PlaintiD!

Criminal Case .o" 00>@' versus ' /orH +heft

of theevised Penal Code and! for this reason! an In:uest was conducted that *ased on thecomplaint and the evidence presented *efore me without any countervailing evidencesu*mitted *y the accused! despite opportunity to do so! there is reasona*le ground to*elieve that the accused has committed the crime of theft and should! thus! *e held for saidcrime that this Information was with the prior authority of the City Prosecutor"

ELLI#+ .E11%ssistant City Prosecutor

1UB1CIBE4 %.4 1,#. +# BE/#E -E this thof %ugust 200@ in ueKon City"

%L C%P#.ECity Prosecutor

:


41/77

c. Atte$&ted Ra&e

&Caption(


Criminal Case .o" 00>@' versus ' /orH %ttempted ape

-%EL 1I%!%ccused"

x ''''''''''''''''''''''''''''''''''''''''''''' x

I./#-%+I#.

+he undersigned accuses -%EL 1I% of attempted rape committed as followsH

+hat on or a*out @ 3une 200>! in ueKon City! the accused did then andthere wilfully! unlawfully and feloniously enter the house of 1E< 1EE! amarried woman! and 6nding that her hus*and was away! with lewd designsand *y means of force and intimidation! commenced directly *y overt acts tocommit the crime of attempted rape upon her person! to witH while 1E< 1EEwas coo=ing lunch! the accused seiKed her from *ehind! threw her to the oor!raised her s=irt! pulled down her underwear and attempted to penetrate herwith his sexual organ and would have succeeded in doing so had not her loudprotests and vigorous resistance *rought her neigh*ors to her assistance!causing the accused to ee from the premises without completing all the actsof execution"

C#.+%G +# L%, with the aggravating circumstance of dwelling"

ELLI#+ .E11%ssistant City Prosecutor

!L-S Certi6cation of Preliminary Investigation or In:uest

:


42/77


43/77

C. #otion%1. #otion to Hua%h Inor$ation


E7I#.%L +I%L C#U+

Branch 0! ueKon CityPE#PLE #/ +9E P9ILIPPI.E1!PlaintiD!

Criminal Case .o" 00>@' versus ' /orH +heft


44/77

:. #otion to Hua%h Search arrant

819 &Caption(PE#PLE #/ +9E P9ILIPPI.E1!

PlaintiD!

' versus ' Criminal Case .o" 00022/orH Li*el5I7 C9%.!

%ccused"x '''''''''''''''''''''''''''''''''''''''''''''' x

-#+I#. +# U%19 1E%C9 ,%%.+

+he %CCU1E4! *y counsel! respectfully moves for the :uashal of 1earch ,arrant .o"22 issued *y this 9onora*le Court on and dated 2 3uly 200@ *ased on the followingconsiderationsH

8:9 " ule 2@! 1ec" 0 or the evised ules of Court provides expressly that asearch warrant shall *e valid for ten &0( days from its date and that thereafter! it shall *evoid"

2" 1earch ,arrant .o" 22 is dated 2 3uly 200@" It was served on the accused on28 3uly 200@! the thday from its date this is certi6ed to *y the 1worn Inventory and eturnexecuted *y -a?or %lang %lam! the leader of the searching team &a copy of which is alreadypart of the records(" % search was made on the same day! 28 3uly 200@ pursuant to saidsearch! certain o*?ects were seiKed and delivered to the court" Under the law! the 1earch,arrant is void and must! thus! *e :uashed"

8;9 ,9EE/#E! it is respectfully prayed that 1earch ,arrant .o" 22 *e U%19E4and all o*?ects seiKed under its purported authority *e declared I.%4-I11IBLE under theexclusionary rule in %rticle III! 1ection 8&2( in relation to section 2 of the A Constitution"

8 3uly 200@"

8=9 &1gd"( -% +%P%.7Counsel for %ccused

M%ddressN

!L-S" 8>9 e:uest for and .otice of 9earing2" 8?9 Proof of 1ervice

:


45/77

;. #otion to Su&&re%% E4idence

819 &Caption(


' versus ' Criminal Case .o" 00022/orH Li*el

5I7 C9%.!%ccused"

x '''''''''''''''''''''''''''''''''''''''''''''' x

-#+I#. +# 1UPPE11 E5I4E.CE U.L%,/ULLG 1EIE4

+he %CCU1E4! *y counsel! respectfully moves for the suppression of o*?ects seiKedon 28 3uly 200@! pursuant to 1earch ,arrant .o" 22 issued *y this 9onora*le Court dated2 3uly 200@! *ased on the following considerationsH

8:9 " 1earch ,arrant .o" 22 was served on the thday and is! thus! void"2" +he motor vehicle seiKed does not fall within the property that may lawfully*e seiKed"

4iscussionMN 1earch ,arrant .o" 22 wasserved on the thday and is! thus!void"

" ule 2@! 1ec" 0 of the evised ules of Court provides expressly that a searchwarrant shall *e valid for ten &0( days from its date and that thereafter! it shall *e void"

2" 1earch ,arrant .o" 22 is dated 2 3uly 200@" It was served on the accused on28 3uly 200@! the thday from its date this is certi6ed to *y the 1worn Inventory and eturnexecuted *y -a?or %lang %lam! the leader of the searching team &a copy of which is alreadypart of the records(" % search was made on the same day! 28 3uly 200@ pursuant to saidsearch! certain o*?ects were seiKed and delivered to the court" Under the law! the 1earch,arrant is void"

8" .o valid seiKure may *e made under a void warrant" /or this reason! the followingo*?ects must *e suppressedH

Mlist itemsN

M2N +he motor vehicle seiKed doesnot fall within the property thatmay lawfully *e seiKed"

;" #n the occasion of the search! the searching party also RseiKedS accused)s green3aguar 3E with license plate! R.o" V! allegedly for *eing su*?ect of the oDense" +hereafter! itwas impounded and =ept at the P.P -otor Pool"

>" +he motor vehicle cannot *e su*?ect of the oDense as accused is charged withli*el" +here is no relation *etween the motor vehicle and li*el"

@" -oreover! the motor vehicle is not mala prohi*ita that would ?ustify a seiKurethereof neither could there *e a seiKure of evidence in plain view"

8;9 ,9EE/#E! it is respectfully prayed that all o*?ects seiKed under the void1earch ,arrant .o" 22 *e declared I.%4-I11IBLE under the exclusionary rule in %rticle III!section 8&2( in relation to 1ection 2 of the A Constitution" /urthermore! it is prayed that

the 7reen 3aguar 3E with license plate R.o" V *e immediately returned to the accused"

8 3uly 200@"

8=9 &1gd"( -% +%P%.7Counsel for %ccused

M%ddressN

!L-S" 8>9 e:uest for and .otice of 9earing2" 8?9 Proof of 1ervice

:


46/77


47/77

*. A&&'ication or Bai'

819 &Caption(


' versus ' Criminal Case .o" ;AA

ECG 4I5I1+!%ccused"

x '''''''''''''''''''''''''''''''''''''''''''''' x

%PPLIC%+I#. /# P#B%+I#.

+9E %CCU1E4! *y counsel! respectfully applies for pro*ation pursuant to theprovisions of Presidential 4ecree .o" @A! as amended"

In support of this application! the accused respectfully su*mits the followingH

" %ccused'applicant is of legal age and currently gainfully employed at %1.Broadcasting Corporation located at +imog %venue! ueKon City" #n 28 /e*ruary 200! shepleaded RguiltyS to the oDense charged herein conse:uently! this 9onora*le Court in its#rder dated A -arch 200 sentenced accused'applicant to an indeterminate penalty rangingfrom three &8( years to 6ve &>( years ofprision correccional"

8:9 2" %ccused'applicant hum*ly su*mits that she possesses all the :uali6cationsand none of the dis:uali6cations enumerated under section 2 of Presidential 4ecree .o" @A!speci6callyH

2"" 1he has not *een convicted of any crime against national securityor pu*lic order

2"2" 1he has not *een previously convicted *y 6nal ?udgment of anoDense punisha*le *y imprisonment of not less than one &( month and one&( day andor a 6ne of not less than +wo 9undred Pesos &P200"00(

2"8" 1he has not previously applied for nor had *een previously placedunder pro*ation under Presidential 4ecree .o" @A"

2";" 1he has not started to serve her sentence and! to date! has not6led any .otice of %ppeal from the #rder of conviction"

8 /inally! granting this application will not in any way depreciate the seriousness ofthe oDense charged nor cause any undue ris= that during the period of pro*ation! accused'applicant will commit another crime" -oreover! accused'applicant does not need any

correctional treatment re:uiring commitment to an institution"

8;9 ,9EE/#E! accused'applicant respectfully prays that her application forpro*ation *e 7%.+E4 and that she *e placed under pro*ation under such terms andconditions necessary to attain and ensure the o*?ectives of the law and which! under thecircumstances! are fair! ?ust and reasona*le in the sound discretion of this 9onora*le Court"

ueKon City for Pasig City 2 -arch 200"

&1gd"( %++ICU1 /I.C9Counsel for %ccused

M%ddressN

!L-S" 8


48/77

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

1. For$a' Oer o E4idence

epu*lic of the Philippines

.ational Capital 3udicial egionE7I#.%L +I%L C#U+Branch 0! ueKon City


Criminal Case .o" 0000' versus '

ECG 4I5I1+!%ccused"

x '''''''''''''''''''''''''''''''''''''''''' x

/#-%L #//E #/ E5I4E.CE

+9E P#1ECU+I#.! *y the undersigned pu*lic and private prosecutors! respectfullyoDer their documentary exhi*its in support of their case'in'chiefH

" Exhi*it %! the sworn statement of X%lang


49/77

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


Criminal Case .o" 0000' versus '

ECG 4I5I1+!%ccused"

x '''''''''''''''''''''''''''''''''''''''''' x

C#--E.+ #. +9E P#1ECU+I#.)1/#-%L #//E #/ E5I4E.CE

+9E %CCU1E4! *y counsel! respectfully oppose the Prosecution)s #Der of Evidence forthe following reasonsH

" Exhi*it %! the sworn statement of X%lang


50/77

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

&Caption(

PE#PLE #/ +9E P9ILIPPI.E1!

PlaintiD! Criminal Case .o" 00' versus ' /orH 5iolation of P4 A@@

%.%


51/77

:. Ci4i' ca%e%

&Caption(

%.%


52/77

C. Notice o Li% !enden%

epu*lic of the Philippines;th3udicial egion

E7I#.%L +I%L C#U+Branch ! %ntipolo

4%-I LUP%!PlaintiD!Civil Case .o" 00

' versus ' /orH econveyance

%L%.7 LUP%!4efendant"

x ''''''''''''''''''''''' x

.#+ICE #/ LI1 PE.4E.1

+9E E7I1+E #/ 4EE41%ntipolo City! iKal Province

Please ta=e notice that a parcel of land covered *y +C+ .o 28; located in %ntipolo!iKal registered in the name of defendant is the su*?ect matter of an action forreconveyance of an undivided one'sixth portion thereof 6led *y 4%-I LUP%! a*ove'namedplaintiD" %ccordingly! please record this notice on the title"

E1PEC+/ULLG 1UB-I++E4"


&1gd"( %++ICU1 /I.C9Counsel for PlaintiD

M%ddressNCopy furnishedH

-I+C9 -C4EEE! Es:"Counsel for 4efendant

B


53/77


54/77

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

&Caption(

%.%


55/77

F. Su"%titution o Coun%e'

&Caption(

%.%


56/77


57/77

B. !etition or Ado&tion

I. EH PE+I+I#. /# %4#P+I#.#/ %.%


58/77

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

MCaption and +itleN


" Petitioner is a /ilipino citiKen! of legal age and married to respondent" /or purposesof this petition! she may *e served with notices and other pertinent processes throughcounsel at Maddress of counselN"

2" espondent is a /ilipino citiKen! of legal age! currently employed at MstateemployerN and married to petitioner" 9e may *e served with summons and other pertinentorders and processes of this Court at Mstate addressN

8" Petitioner and respondent were married on MdateN and out of this marriage! theyhave Mstate num*er of children! respective agesN" % copy of the -arriage Contract executed*y petitioner and respondent is attached as ANNEK A a copy each of the *irth certi6catesof the minor children is attached as ANNEK B Cand *! respectively"

;" Petitioner and respondent are currently separated in fact and have *een so since-ay 200" +he reason for the continuing separation in fact is the *rea=down of the marriagedue to *oth petitioner)s and respondent)s mutual psychological incapacity to ful6ll anddischarge their respective marital o*ligations to each other! which existed at the time of themarriage in A *ut manifested itself well into the marriage

>" +he mutual psychological incapacity of the parties to remain married to eachother appears to *e incura*le prior to this resort! the parties had attempted formal andinformal counseling sessions all of which proved unproductive as respondent provedresistant and! at times! even hostile to these eDorts"

@" In compliance with ?urisdictional re:uirements! petitioner su*mitted herself to apsychological and clinical assessment *y a trained professional! Clinical Psychologist MstatenameN" 4espite several attempts! respondent refuses to agree to any so*er and productivediscussion with petitioner and is always highly emotional and angry! it was! thus!impractica*le to secure a psychological report and pro6le of respondent should this *ecomematerial! petitioner reserves the right to re:uest respondent to su*mit to a psychologicalexamination for purposes of con6rming the mutual psychological incapacity to remainmarried to each other"

" Petitioner)s psychological incapacity is descri*ed in clinical terms as *eingconsistent with a 5@" Partner elational Pro*lem and is said to have R-asochisticPersonality 4isorderS or R80" Personality 4isorder .ot #therwise 1peci6edS on the otherhand! the assessment given *y the psychologist of respondent)s psychological ma=e'up isthat he has a R80"20 1chiKoid Personality 4isorder with narcissistic featuresS which isdescri*ed as Rgrave! incura*le and has antecedents"S +he psychological ma=e'up of

petitioner and respondent is explained in greater detail in the C'inica' A%%e%%$ent Re&ort&ReportS( dated 2A 4ecem*er 200@! a copy of which is attached as ANNEK E"

A" +heir minor children are in petitioner)s custody and are *eing supported *y her6nancially and emotionally"

" Petitioner su*mits that! despite the parties) mutual psychological incapacity toremain married to each other! the interests of the children are *est served *y having themremain in her custody! with visitation rights extended to respondent" %ll of the children areminors and! under the law! children under seven &( years of age shall not *e separated fromthe mother! save for exceptional circumstances which do not exist in this case"

0" Petitioner cannot! however! provide for all the 6nancial needs of the children as

she is only earning a limited amount of money from her wor= whereas respondent isgainfully employed and earns more than enough for his own personal needs" Petitioner earnsonly &state amount( from her wor= as shown *y her payslip attached as ANNEK Fwhereasrespondent earns &state amount( from his wor= as shown *y his payslip attached as ANNEK0" +he common property of petitioner and respondent is insu$cient for the support of thechildren" espondent must! thus! *e directed to give support to his children in the amount of&state amount("

,9EE/#E! petitioner respectfully prays that P#5I1I#.%L #4E1 for childcustody and child support *e issued giving to petitioner custody pendente liteover theirminor children and directing respondent to give monthly support in the amount of &stateamount(! su*?ect to any ad?ustments that may *e made *ased on changing earning capacityas well as needs"

?


59/77

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

MN 4eclaring the marriage *etween petitioner and respondent a nullity and!*y this to=en! ordering the dissolution of the con?ugal partnership of gains

and

M2N %warding permanent custody of the children to petitioner! with expressac=nowledgement of respondent)s visitation rights

M8N %warding support in the amount of &state amount( su*?ect to ad?ustmentsto *e made depending on changes in earning capacity and needs of thechildren"

%ll other ?ust and e:uita*le reliefs are also prayed for"

ueKon City 3uly 200"

&1gd"( %++ICU1 /I.C9Counsel for the Petitioner

M%ddressN

!L-S 5eri6cation and Certi6cation against /orum 1hopping

?


60/77

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


E7I#.%L +I%L C#U+Branch 80! 1an 3uan

EH P#B%+E #/ +9E 9#L#7%P9IC,ILL #/ P%BLI.7 1I%"!

1P P#C" .o" 0028P%LI.7 >>! +una oad! -arinara1u*division! ueKon City and cash amounting to /ifty +housand Pesos &P>0!000( he had node*ts"

8" +he deceased)s only heirs are herein petitioner and their son! P%BLI.7 1I% 3"!*oth of whom are residing at .o" >>>! +una oad! -arinara 1u*division! ueKon City"

,9EE/#E! it is respectfully prayed that after due notice and pu*lication this9onora*le Court 6x the date for the pro*ate of the holographic will and that letters ofadministration *e issued in favor of the herein petitioner and thereafter ad?udicate theproperties of the deceased in accordance with the said holographic will"

ueKon City 3uly 200"

&1gd"( -I+C9 -C4EEECounsel for the Petitioner

M%ddressN

!L-S 5eri6cation and Certi6cation against /orum 1hopping

?


61/77

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

1PECI%L P#,E #/ %++#.EG


62/77


63/77

*. 2o'ora&hic i''

1an 3uan! -etro -anila 3uly 200

I here*y execute this holographic will! in my handwriting and in the English language

which I =now how to read and write! *e:ueathing my house and lot located at .o" >>>! +unaoad! -arinara 1u*division! ueKon City to my son! P%BLI.7 1I% 3"! and cash amounting to/ifty +housand Pesos &P>0!000( to my spouse! P%LI.7


64/77


65/77

2. *onation Inter +i4o%

4EE4 #/ 4#.%+I#.


66/77

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

%C


67/77

. SecretarM% Certi,cate

1ECE+%G)1 CE+I/IC%+E

I! 4E%..% +#I! of legal age! with o$ce address at FFFFFFFFFFFFFFFFFF! on the *asis ofthe corporate records! do here*y certify that under oath thatH

" I am the Corporate 1ecretary of E.+EPI1E 9#L4I.71 I.C" &RcorporationS(! acorporation duly organiKed and existing under Philippine laws! with the same o$ce addressgiven a*ove"

2" %t a meeting of the Board of 4irectors of the corporation held on FFFFFFFFFFF! atwhich meeting a :uorum was present and o*tained throughout! the following resolution&s(was &were( unanimously approved and adoptedH

E1#L5E4! that """""""""""""""""""

8" +he foregoing resolution has not *een revo=ed! amended or in any mannermodi6ed and accordingly! the same may *e relied upon until a written notice to the contraryis issued *y the corporation"

I. ,I+.E11 ,9EE#/! I have set my hand to this certi6cation on FFFF atFFFFFFFFFFFFFF"

4E%..% +#ICorporate 1ecretary

%++E1+E4H

3E%.'LUC PIC%4President

!L-S3urat

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

Board esolution .o" FFF

E1#L5E4! that -r" 3ean'Luc Picard! as Chairperson and ChiefExecutive #$cer of Enterprise 9oldings *e authoriKed! as he is here*yauthoriKed! to enter into any and all transactions with the representatives ofthe /erengi +rade /ederation! as may prove to *e *ene6cial to the corporationin his own opinion and determination"

%pproved and adopted this thday of 3uly! 200 at -a=ati City! Philippines"

&.ame of 4irectors(

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

Board esolution .o" FFF

E1#L5E4! *y a vote of stoc=holders representing more than 28 of thesu*scri*ed and paid up capital stoc=! to I.CE%1E the num*er of 4irectors ofthe Corporation from 6ve &>( to seven &( and to %-E.4 the %rticles ofIncorporation to reect this increase"

%pproved and adopted this thday of 3uly! 200 at -a=ati City! Philippines"

&.ame of 4irectors(

@


68/77

L. *eed o A%%in$ent

4EE4 #/ %11I7.-E.+


69/77

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

epu*lic of the Philippines (-a=ati City ( s"s"

4EE4 #/ %B1#LU+E 1%LE

if vendor is $arried $arital consent $ust %e secured! thus the Deed $ust alsoindicate this( If vendor is $arried then add the follo5in#>]

?ith $y consent>

AA ?A@endors ?ife

1I7.E4 I. +9E PE1E.CE #/H

&1gd"( -I#.

&1gd"( -I#. 2

!L-S %c=nowledgment

@


70/77

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


4EE4 #/ %B1#LU+E 1%LE


71/77

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


4EE4 #/ 1%LE ,I+9 P%C+# 4E E+#

+his 4eed of 1ale with Pacto de etro made and executed *y and *etweenH

-% G% -%.! /ilipino! of legal age! married to %1% ,%! withresidence at FFFFFFFFFFFFFFFFFFF &5E.4#(!

' and '

-% 7U L%.7! /ilipino! of legal age! married to B% +%P%! withresidence at FFFFFFFFFFFF &5E.4EE(

,I+.E11E+9H +hatY

+he 5E.4# is the a*solute owner of a certain parcel of land with all the *uildingsand improvements thereon! situated in the City of -a=ati! and more particularly descri*ed!as followsH

&Copy technical description in +C+#C+(

his title thereto shown *y +ransfer &or #riginal( Certi6cate of +itle .o" FFFFFF issued *y theegister of 4eeds of -a=ati

+he 5E.4#! for and in consideration of the amount of FFFFFFFFFFFFFFFFF Pesos&PFFFFF(! to him paid *y 5E.4EE and receipt of which is ac=nowledged! does here*y 1ELL!

+%.1/E and C#.5EG under pacto de retro unto the said 5E.4EE! his heirs and assigns!the property with all the *uildings and improvements thereon! free from all liens andencum*rances whatsoever

+he 5E.4#! in executing this conveyance! here*y reserves the right toEPUC9%1E! and the 5E.4EE! in accepting the same! here*y o*ligates himself to E1ELLthe property herein conveyed within a period of FFFF years from date of this deed for thesame price of FFFFFFFFFFFFFF &PFFFF( Provided! however! that if the 5E.4# shall fail toexercise his right to repurchase as herein granted within the period provided! then thisconveyance shall *ecome a*solute and irrevoca*le! without need of a new 4eed of %*solute1ale! su*?ect to the re:uirements of law regarding consolidation of ownership of realproperty"

I. ,I+.E11 ,9EE#/! I have signed this deed this thday of 3uly! 200 at -a=atiCity"

-% G% -%. -% 7U L%.75endor 5endee

?ith $y $arital consent> ?ith $y $arital consent>AA ?A "A 'ABA


&1gd"( -I#.

&1gd"( -I#. 2

!L-S %c=nowledgment

@


72/77

!. *eed o Re&urcha%e o 'and %o'd under !acto de Retro


4EE4 #/ E1%LE

if vendor is $arried $arital consent $ust %e secured! thus the Deed $ust alsoindicate this( If vendor is $arried then add the follo5in#>]

?ith $y consent>

"A 'ABA@endors ?ife


&1gd"( -I#.

&1gd"( -I#. 2

!L-S %c=nowledgment

@


73/77

H. *eed o Sa'e with #ortae


4EE4 #/ 1%LE ,I+9 -#+7%7E

+his 4eed of 1ale with Pacto de etro made and executed *y and *etweenH

-% G% -%.! /ilipino! of legal age! married to %1% ,%! withresidence at FFFFFFFFFFFFFFFFFFF &5E.4#'-#+7%7EE(!

' and '

-% 7U L%.7! /ilipino! of legal age! married to B% +%P%! withresidence at FFFFFFFFFFFF &5E.4EE'-#+7%7#(

,I+.E11E+9H +hatY

+he 5E.4#'-#+7%7EE is the a*solute owner of a certain parcel of land with allthe *uildings and improvements thereon! situated in the City of -a=ati! and moreparticularly descri*ed! as followsH

&Copy technical description in +C+#C+(

his title thereto shown *y +ransfer &or #riginal( Certi6cate of +itle .o" FFFFFF issued *y theegister of 4eeds of -a=ati

+he 5E.4#! for and in consideration of the amount of FFFFFFFFFFFFFFFFF Pesos&PFFFFF(! to him paid *y 5E.4EE and receipt of which is ac=nowledged! does here*y 1ELL!

+%.1/E and C#.5EG unto the said 5E.4EE! his heirs and assigns! the property with allthe *uildings and improvements thereon! free from all liens and encum*rances whatsoever

It is here*y agreed and stipulated that the U.P%I4 B%L%.CE #/ FFFFFFFFFFFF Pesos&PFFFF(! of which amount FFFFFFFFFFFFFFFFFPesos &PFFFFF( shall *e paid *y the 5E.4EE'-#+7%7# to the 5E.4#'-#+7%7EE at the latter)s residence! as followsH

&1tate manner of payment(

In order to guarantee the ful6llment of the a*ove o*ligations! the 5E.4EE'-#+7%7# does here*y -#+7%7E unto the said 5E.4#'-#+7%7EE! his heirs andassigns! the property descri*ed! together with all the *uildings and improvements thereon!under the express stipulation that if the said 5E.4EE'-#+7%7# shall pay or cause to *epaid unto the 5E.4#'-#+7%7EE the o*ligations! then this -ortgage shall *e of no furtherforce and eDect otherwise! the same shall remain in full force and eDect and shall *eenforcea*le in the manner prescri*ed *y law"

I. ,I+.E11 ,9EE#/! I have signed this deed this thday of 3uly! 200 at -a=atiCity"

-% G% -%. -% 7U L%.75endor 5endee

?ith $y consent> ?ith $y consent>AA ?A "A 'ABA@endors ?ife @endees ?ife


&1gd"( -I#.

&1gd"( -I#. 2

!L-S %c=nowledgment

@


74/77

R. *acion en !ao (*eed o A%%in$ent o Rea' E%tate in &a$ent o de"t)

4EE4 #/ %11I7.-E.+


75/77

S. Chatte' #ortae


C9%++EL -#+7%7E


76/77

+II. A!!EALS AN* OT2ER RESORTS TO A!!ELLATE CO-RTS IN CRI#INAL AN*CI+IL !ROCE*-REA. Ordinar a&&ea'%

1. in ci4i' ca%e%a. ro$ #TC (in oriina' juri%diction) to RTC (in a&&e''ate juri%diction)

Chec=listH

> days from notice of ?udgment or 6nal order .otice of %ppeal &ule ;0! 1ec" 8(o Partieso 3udgment or 6nal order appealed fromo -aterial dates showing timeliness of appeal

Proof of payment of appellate court doc=et and other lawful fees &ule;0! 1ec" ;(

-emorandum for %ppellant and %ppellee &ule ;0! 1ec" (

". Fro$ RTC (in oriina' juri%diction) to CAChec=listH > days from notice of ?udgment or 6nal order

.otice of %ppeal

Brief for %ppellanto 1u*?ect Index of the matter in *riefo %ssignment of Errorso 1tatement of the Caseo 1tatement of the /actso 1tatement of the Issueso %rgumento eliefo Copy of ?udgment or 6nal order appealed from

Brief for %ppellee &same as Brief for %ppellant! except copy of?udgment(

%ppellant)s eply Brief

-emorandum &in special cases(o 1tatement of the Caseo 1tatement of the /actso 1tatement of the Issueso %rgumento elief

:. in cri$ina' ca%e%a. Fro$ #TC (a% tria' court) to RTC (in a&&e''ate juri%diction)

Chec=listH > days from notice of ?udgment or 6nal order

.otice of %ppeal %ppellant)s Brief-emorandum

%ppellee)s Brief-emorandum

". Fro$ RTC (a% tria' court) to CAChec=listH

> days from notice of ?udgment or 6nal order

.otice of %ppeal

%ppellant)s Brief-emorandum


c. Fro$ RTC (a% tria' court) to SCChec=listH > days from notice of ?udgment or 6nal order .otice of %ppeal

%ppellant)s Brief-emorandum


7


77/77

B. !etition% or Re4iew1. Fro$ RTC (a% a&&e''ate court) or ro$ 3ua%ijudicia' aencie% to CA

Chec=listH


extension of > days only

/ull names of petitioner and respondent

1tatement of -aterial 4ates 1tatement of -aterial %verments

1tatement of Issues! Errors of /act or Law

%rgument

5eri6cation and Certi6cation against /orum 1hopping

%ttachmentso Certi6ed true copy or duplicate original copy of ?udgment6nal order

:uestionedo Clear and legi*le copy of all pleadings and other material portions of the

record Proof of 1ervice and Explanation for 1ervice *y egistered -ail &if

applica*le(

:. Fro$ RTC (on &ure 3ue%tion% o 'aw) or CA (in a&&e''ate juri%diction)to SCChec=listH


extension of 80 days

.ames of petitioner and respondent &5ithout i$pleadin# the lo5ercourt/8ud#e/8ustice(

1tatement of -aterial 4ates

-aterial %llegations! easons or %rguments for allowance of petition

5eri6cation and Certi6cation against /orum 1hopping

%ttachmentso Certi6ed true copy or duplicate original copy of ?udgment6nal order

:uestionedo Clear and legi*le copy of all pleadings and other material portions of the

record

Proof of 1ervice and Explanation for 1ervice *y egistered -ail &ifapplica*le(

Documents

Louie - Forms