Teddy Te's Forms Book

8/14/2019 Teddy Te's Forms Book

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" #ffice of Legal $id %UPL$'! 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

re3form%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#,,#- .#/,

$" Caption and *itle 1B" Prayer 1C" urat 13" 4erification 2E" Certification against .orum hopping 2." Com)ined 4erification and Certification against .orum hopping 25" Com)ined 4erification! Certification against .orum hopping! and

tatement of ,aterial 3ates 67" /e8uest for and -otice of 7earing 6I" Proof of Personal ervice 6

" Proof of service )y registered mail %with Explanation for failure toserve personally' 9

:" Place! date! signature! address! /oll num)er! IBP receipt num)er!P*/ num)er 9

L" $c;nowledgement 2" Complaint for sum of money 6" Complaint for /eplevin ?9" Complaint to set period of years for lease @

B" $nswer with affirmative defenses and counterclaims1" $nswer with compulsory counterclaim 102" $nswer with counterclaim and cross&claim 12

C" Pre&trial Brief 163" ,otions

1" ,otion to 3ismiss %with /e8uest for and -otice of 7earing' 1)" $ction to Auiet %or /emove Cloud on' *itle 2c" $ction for 3eclaratory /elief 2?d" Auo +arranto 2@

III" PLE$3I-5 $-3 #*7E/ LE5$L .#/, I- C/I,I-$L P/#CE3U/E$" Complaint&$ffidavit and Counter&$ffidavit

1. Complaint&$ffidavit 60

2. Counter&$ffidavit 61B" Information and Complaint

1" Information %with Certificate of Preliminary Investigation orIn8uest'a" Bigamy 66)" *heft 69

c" $ttempted /ape 68 %gd"' ,I*C7 ,C3EE/ECounsel for the Plaintiff

J$ddressK

!L-S7?8 4erification and Certification against .orum hopping

?


15/77

;. Co$&'aint to %et &eriod o, ear% ,or 'ea%e

718 /epu)lic of the Philippines-ational Capital udicial /egion

/E5I#-$L */I$L C#U/*Branch 1>1! Pasig City

-$-5 UUP$!Plaintiff!Civil Case -o" 00111

& versus &

-$5P$ P$UP$!3efendant"

x &&&&&&&&&&&&&&&&&&&&&& x

C#,PL$I-*

PL$I-*I..! )y counsel! respectfully states that

798 1" Plaintiff and 3efendant are )oth .ilipino citiHens and of legal ageF plaintiffresides at 1&$! CruH treet! Pasig City while defendant resides at 2 .risco treet! Pasig City!where he may )e served with summons"

7:8 2" #n 1 anuary 2006! defendant leased to plaintiff the premises at 1&$ CruHtreet! Pasig City for a monthly rental of #ne *housand Pesos %P1!000"00' to )e paid withinthe first five %


16/77

B. An%wer with a,,ir$ati3e de,en%e and counterc'ai$1. An%wer with co$&u'%or counterc'ai$

718 /egional *rial Court-ational Capital udicial /egion,E*/#P#LI*$- */I$L C#U/*

Branch 66! AueHon City

$LI 3I&D$- C#,P$-D!Plaintiff!

Civil Case -o" 2222& versus & .or E=ectment

D#:# -5$!3efendant"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

$-+E/%+ith C#U-*E/CL$I,'

3E.E-3$-*! )y counsel! respectfully states that

$dmissions3enials

798 1" 7e admits the contents of paragraph 1 only insofar as his personalcircumstances )ut specifically denies the contents insofar as plaintiff(s personalcircumstances for the reason stated in the $ffirmative 3efenses )elow"

2" 7e admits the contents of paragraph 2 only where it states that a Contract ofLease was entered into )ut specifically denies that the Contract reflects the true intent ofthe parties as explained in the $ffirmative 3efenses )elow"

6" 7e admits the contents of paragraph 6 only as to the fact that demand to vacatewas made )ut specifically denies its contents as to the truth of the reasons for the letter forlac; of ;nowledge sufficient to form a reasona)le )elief as to its truth or falseness""

9" 7e specifically denies the contents of paragraphs 9 to > for the reasons stated inthe $ffirmative 3efenses )elow"

$ffirmative 3efenses

7;8


17/77

7>8 AueHon CityF 16 $pril 200"

7?8 %gd"' ,I*C7 ,C3EE/ECounsel for 3efendant

J$ddressK

7@ 18 4E/I.IC$*I#- G CE/*I.IC$*I#- $5$I-* .#/U, 7#PPI-5

I! D#:# -5$! of legal age! do here)y state that I am the defendant in the case filed)y $lis 3i&yan Company for e=ectmentF in response! I have caused the preparation of this$nswer with CounterclaimF I have read its contents and affirm that they are true and correctto the )est of my own personal ;nowledgeF I specifically deny the genuineness anddue execution as well as the binding effect of the actionable documents pleadedby plaintiiffI here)y certify that there is no other case commenced or pending )efore anycourt involving the same parties and the same issue and that! should I learn of such a case!I shall notify the court within five %


18/77

9. An%wer with counterc'ai$ and cro%%Dc'ai$

See.orm -o" B&1! supra! )ut add&&

7


19/77

C. !reDtria' Brie,

/epu)lic of the Philippines-ational Capital udicial /egion

/E5I#-$L */I$L C#U/*Branch @0! AueHon City

L$:I$ L$D$+!Plaintiff!Civil Case -o" @&61612

& versus &

L$:I$ 7I/$P!3efendant"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

P/E&*/I$L B/IE.

3E.E-3$-*! )y counsel! respectfully su)mits her Pre&*rial Brief! as follows

I" +ILLI-5-E *# E-*E/ I-*# $- $,IC$BLE E**LE,E-*$-3 P#IBLE *E/, #. $-D UC7 E**LE,E-*

1"1" u)=ect to a concrete proposal that is fair and reasona)le and a reciprocalmanifestation of openness from plaintiff! defendant is open to the possi)ility of amica)lysettling this dispute"

71 98 1"2" Pursuant to Ru'e 1? o, the 1@@> Ru'e% o, Ci3i' !rocedure!defendant respectfully su)mits that the desired terms of any amica)le settlement wouldinvolve! first! a clarification of the actual extent of any o)ligation due and owing to plaintiffinasmuch as there is nothing to indicate defendant(s o)ligations to plaintiff and! second! aschedule of payments"

II" B/IE. *$*E,E-* #. CL$I, $-3 3E.E-E

2"1" Plaintiff see;s principally to recover the amount of *wenty *wo ,illion Eight7undred Eighteen *housand -ine 7undred .orty Eight Pesos and *hirty Centavos%P7P22!?1?!@9?"60' with interest at twelve percent %12M' arising allegedly from unpaidorders delivered to defendant variously in 1@?@"

2"2" 3efendant resists plaintiff(s claims )ased on a failure to state a cause of action)ecause of

2"2"1" Plaintiff(s lac; of personality to sue and! therefore! not )eing thereal party in interest under Ru'e : %ection 9 o, the 1@@> Ru'e% o, Ci3i'

!rocedureF

2"2"2" Extinguishment of the alleged claim made )y the entity/egency .urniture"

2"6" 3efendant also interposed a compulsory counterclaim for *wo ,illion Pesos%P7P2!000!000"00' for moral damages and *wo ,illion Pesos %P7P2!000!000"00' forexemplary damages and #ne 7undred *housand Pesos %P7P100!000"00' as attorney(s fees"

III" .$C* $-3 #*7E/ ,$**E/ $3,I**E3 BD *7E P$/*IE

7:8 6"1" 3efendant admits only those facts stated in her $nswer! i"e"! her personalcircumstances! receipt of the demand letter dated anuary

demand letter"

6"2" u)=ect to a concrete proposal for stipulation of additional facts from plaintiffduring pre&trial or even thereafter! defendant admits no other facts stated in the Complaint"

I4" IUE *# BE */IE3

7;8 9"1" 3efendant su)mits that the following issues put forward )y plaintiff aresu)=ect to proof

9"1"1" Plaintiff(s personality to see; legal reliefF9"1"2" Plaintiff(s entitlement to the amount claimedF

16


20/77

9"2" 3efendant su)mits that the following issues she put forward are su)=ect toproof

9"2"1" Plaintiff(s )ad faith in filing this suitF9"2"2" 3efendant(s entitlement to the claims made in her Compulsory

Counterclaim as a result of plaintiff(s )ad faithF

4" E4I3E-CE

7=8 "2" u)=ect! however! to a concrete and reasona)le re8uest for discovery fromplaintiff! defendant reserves the right to resort to discovery )efore trial"

/EPEC*.ULLD UB,I**E3"

AueHon CityF 16 $pril 200"

%gd"' ,I*C7 ,C3EE/ECounsel for 3efendant

J$ddressK

Copy furnished

$tty" ,$ B#L$Counsel for Plaintiff

19


21/77

*. #otion%1. #otion to di%$i%% (with re2ue%t ,or and notice o, hearin)

/epu)lic of the Philippines-ational Capital udicial /egion,E*/#P#LI*$- */I$L C#U/*

Branch 6@! AueHon City

L$:I $E* C#,P$-D!Plaintiff!

Civil Case -o" 6666& versus & .or um of ,oney

3$,I U*$-5 C#/P#/$*I#-!3efendant"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- *# 3I,I

3E.E-3$-*! )y counsel! respectfully moves to dismiss the Complaint on the groundthat the Complaint fails to state a cause of action as 718*7E #BLI5$*I#- #U57* *# BEE-.#/CE3 BD PL$I-*I.. I -#* DE* 3UE $-3 3E,$-3$BLE! as shown )y the following

798 1" $llegedly! plaintiff has failed to reach the 8uotas agreed upon under the,ar;eting $greement dated 1 anuary 200>F defendant now see;s to collect the sum of *+#7U-3/E3 *7#U$-3 PE# %P200!000"00'! representing the )alance of the proceeds dueplaintiff under the said ,ar;eting $greement"

2" *he contract is for one %1' year and defendant is given that same period to reachthe 8uota specified thereinF the period of one %1' year has not expired" Conse8uently!plaintiff(s claim is premature as there is yet no )reach of the ,ar;eting $greement until theperiod expires and the 8uota is not attained" .or this reason! plaintiff(s Complaint states nocause of action and must )e dismissed"

7:8 +7E/E.#/E! defendant respectfully prays that the Complaint )e 3I,IE3 forfailure to state a cause of action"

#ther =ust and e8uita)le reliefs are also prayed for"



J$ddressK

7;8 /EAUE* .#/ G -#*ICE #. 7E$/I-5

*7E B/$-C7 CLE/: #. C#U/*,etropolitan *rial CourtBranch 6@! AueHon City

Please su)mit the foregoing ,otion to the Court for its consideration and approvalimmediately upon receipt hereof and ;indly include the same in the court(s calendar forhearing on .riday! 2 $pril 200 at ?60 in the morning"

$**ICU .I-C71 ,oc;ingBird treet

*imog $venue! AueHon City

Please ta;e notice that counsel has re8uested to )e heard on .riday! 2 $pril 200 at?60 in the morning"


2 *he .irmLaguna treet! AueHon City

!L-S7


22/77

9. #otion ,or 'ea3e o, court to ,i'e &'eadin (with e4&'anation ,or %er3ice" rei%tered $ai')

/epu)lic of the PhilippinesUP/E,E C#U/*

,anila

L$:I U*$-5!Petitioner!5"/" -o"

& versus &

3$,I LUP$!/espondent"

x &&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- .#/ LE$4E#. C#U/* *# .ILE /EPLD +I*7

,#*I#- *# $3,I* $**$C7E3 /EPLD

PE*I*I#-E/! )y counsel! respectfully states that

718 1" Petitioner received a copy of respondent(s Comment to his petition on 6anuary 200>" *he Comment contains several allegations of fact and misinterpretations ofthe record that may mislead the court and need to )e corrected" .or this reason! petitionerintends to file a /eply"

798 2" Under existing rules! a /eply can no longer )e filed as a matter of course"Conse8uently! petitioner see;s leave of this Court to file the said /eply! a copy of which!pursuant to the 1@@ /ules on Civil Procedure! is attached to this motion"

7:8 +7E/E.#/E! petitioner respectfully prays that he )e granted leave of court tofile a /eply and for the Court to admit the attached /eply"

AueHon City for ,anilaF < anuary 200"

%gd"' $**ICU .I-C7Counsel for the Petitioner

J$ddressK

!L-S1" 7;8/e8uest for and -otice of 7earing2" 7


23/77

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


/E5I#-$L */I$L C#U/*Branch 6@! AueHon City

L$:I$ L$D$+!Plaintiff!

Civil Case -o" @&61612& versus & .or um of ,oney


x &&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- .#/ U35,E-* #- *7E PLE$3I-5

Plaintiiff! )y counsel! respectfully states that

1" #n > uly 200

71 98 2" In his $nswer! defendant admitted the o)ligation and merely stated thathe was as;ing to )e given an extension of time to pay his o)ligation )ut that plaintiff insteadfiled this Complaint" *he $nswer admits the material allegations of the Complaint and hasnot tendered any issueF conse8uently! a =udgment on the pleadings may )e rendered"

7:8 +7E/E.#/E! plaintiff respectfully prays a =udgment on the pleadings )erendered in his favor"


%gd"' $**ICU .I-C7Counsel for the Plaintiff

J$ddressK

!L-S1" 7;8 /e8uest for and -otice of 7earing2" 7


24/77

;. E4 &arte $otion to %et ,or &reDtria'



L$:I$ L$D$+!Plaintiff!

Civil Case -o" @&61612& versus &


x &&&&&&&&&&&&&&&&&&&&&&&&& x

E P$/*E ,#*I#- *# E* C$E .#/ P/E&*/I$L


718 1" #n 1 une 200>! defendant su)mitted her $nswer to the Complaint! there)ycausing the issues to )e =oined"

798 2" *his case is! thus! ripe for pre&trial" Complying with /ule 1?! ection 1 of the1@@ /ules on Civil Procedure! plaintiff respectfully as;s that this case )e set for pre&trial"

7:8 +7E/E.#/E! plaintiff respectfully prays that this case )e set for pre&trial on adate convenient to this 7onora)le Court"



J$ddressK

7;8 /EAUE* $-3 -#*ICE

*7E B/$-C7 CLE/: #. C#U/*/egional *rial CourtBranch 6@! AueHon City

Please su)mit the foregoing to the Court for its approval immediately upon receipthereof"

Copy furnished

,I*C7 ,C3EE/E! EA"2 *he .irmLaguna treet! AueHon City

Please ta;e notice that counsel has re8uested for the approval of the foregoingmotion immediately upon receipt"


!L-S 7


25/77


26/77

=. #otion ,or e4ten%ion o, ti$e



3IL$ *#/D!Plaintiff!

Civil Case -o" 00??& versus &

P$E- D##!3efendant"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- .#/ E*E-I#- #. *I,E


1" 7e has )een directed to file a /eply to defendant(s $nswer )y 10 ,ay 200"

71 98 2" *he undersigned counsel! however! anticipates his ina)ility to file the/eply on or )efore the said due date )ecause of the tremendous pressure of other e8uallyurgent professional wor; re8uiring 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 fifteen %1


27/77

>. #otion to dec'are de,endant in de,au't



$-$:I- :D+$L:E/!Plaintiff!

Civil Case -o" 000@0@& versus &

P$3,E $,I3$L$!3efendant"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- *# 3ECL$/E 3E.E-3$-* I- 3E.$UL*


1" Plaintiff filed this Complaint against defendant on 1 ,arch 200F summons wereserved on defendant on 20 ,arch 200! as indicated )y the heriff(s /eturn of even date! acopy of which is attached as $--E $"

71 98 2" 3efendant(s reglementary period to file $nswer ended on < $pril 200F nomotion for extension of such period was filed nor was any granted motu proprio )y this7onora)le Court" 3espite the lapse of time! defendant has failed to answer the Complaintagainst herF plaintiff is entitled to a declaration of default and the right to present evidenceex parte against defendant"

7:8 +7E/E.#/E! plaintiff respectfully prays that defendant )e declared in defaultand that plaintiff )e allowed to present evidence ex parte )efore the Cler; of Court acting asCommissioner"

AueHon CityF $pril 200"

%gd"' 3$/*7 I3I#UCounsel for Plaintiff

J$ddressK

!L-S1" 7;8 /e8uest for and -otice of 7earing2" 7


28/77

?. #otion to 'i,t order o, de,au't






x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- *# LI.* #/3E/ #. 3E.$UL*

3E.E-3$-*! )y counsel! respectfully states that

1" .ive %


29/77

E. S&ecia' Ci3i' Action%1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u%

a. Certiorari

%Caption and *itle'

PE*I*I#-


798 1" %tate capacity of petitioner and respondent/s- citienship- status andresidence"'

2" %tate the date on hich copy of Decision as received and/or Resolution onotion for Reconsideration- if filed- denied('

7:8 6" %tate %riefly the facts and circu$stances under hich the respondent/se4ercisin# 5udicial functions acted ithout- or in e4cess of- 5urisdiction or ith #rave a%useof discretion a$ountin# to lac6 or e4cess of 5urisdiction('

9" %tate entitle$ent to In5unction and/or 'RO- i(e(- [a] petitioner has a clear- le#alri#ht- [%] hich is threatened %y an act or o$ission of respondents- [c] and that- unlessrestrained- ill cause #rave and irrepara%le in5ury to petitioner( Alle#e also that petitioner isready to post a %ond in an a$ount to %e fi4ed %y the Court conditioned upon the pay$entto respondents of any da$a#es suffered arisin# fro$ the rit should petitioner %e found notto %e entitled to the rit('

" $ certified true copy %or duplicate original copy' of the 3ecision under review isattached as $--E $"

7;8 +7E/E.#/E! it is respectfully prayed that a writ of certiorari )e issued$--ULLI-5 the %act! decision or finding' for )eing in grave a)use of discretionF in theinterim! that a preliminary in=unction andor temporary restraining order issue to E-#I- anyfurther proceedings )y respondents"

AueHon CityF 718 uly 200"


J$ddressK

!L-S 7! par" 2 expressly ma;es /ule ! section 2 applica)le to petitions forcertiorari! mandamus and prohi)ition" /ule ! section 2 provides that /ules 9>! 9?! 9@!


30/77

". !rohi"ition

%Caption and *itle'

PE*I*I#-


798 1" %tate capacity of petitioner and respondent/s- citienship- status andresidence"'

2" %If applica)le! state the date on hich copy of Decision as received and/orResolution on otion for Reconsideration- if filed- denied('

7:8 6" %tate %riefly the facts and circu$stances under hich the respondent/shether e4ercisin# 5udicial or $inisterial functions acted ithout- or in e4cess of- 5urisdictionor ith #rave a%use of discretion a$ountin# to lac6 or e4cess of 5urisdiction('

9" %tate entitle$ent to In5unction and/or 'RO- i(e(- [a] petitioner has a clear- le#alri#ht- [%] hich is threatened %y an act or o$ission of respondents- [c] and that- unlessrestrained- ill cause #rave and irrepara%le in5ury to petitioner( Alle#e also that petitioner isready to post a %ond in an a$ount to %e fi4ed %y the Court conditioned upon the pay$entto respondents of any da$a#es suffered arisin# fro$ the rit should petitioner %e found notto %e entitled to the rit('

" $ certified true copy %or duplicate original copy' of the 3ecision under review isattached as $--E $"

7;8 +7E/E.#/E! it is respectfully prayed that an in=unction or */# )e issueddirecting respondents to desist and refrain from further proceedings in the premises! andthat after due notice and hearing! a writ of prohi)ition issue directing respondents to desista)solute and perpetually from further proceedings %in the said action or matter'"



J$ddressK

!L-S 7


31/77

c. #anda$u%

%Caption and title'

PE*I*I#-


798 1" 7tate the capacity of petitioner and respondent/s and their addresses('

7:8 2" %tate the facts and circu$stances here%y respondent/s unlafullyne#lected the perfor$ance of an act hich the la specifically en5oins as a duty resultin#fro$ an office- trust or station- or unlafully e4cluded the petitioner fro$ the en5oy$ent of ari#ht or office to hich the petitioner is entitled"'

6" Petitioner has no appeal from such decision or any plain or ade8uate speedyremedy in the ordinary course of law! except this petition"

7;8 +7E/E.#/E! it is respectfully prayed that! after due notice and hearing! a writ ofmandamus issue commanding respondents forthwith to %state the act re8uired to %e done'!with costs against them"



J$ddressK

!L-S 7


32/77

9. uo warranto Inter&'eader uietin o, Tit'e and *ec'arator Re'ie,a. Co$&'aint in Inter&'eader

-$LI LI*#!Plaintiff!

C$ -o"

& versus &

U,$ $5$+ and I-$ $5$+$-!3efendants"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

C#,PL$I-*


718 1" Plaintiff and defendants are all of legal ageF plaintiff resides at while defendants reside at and ! respectively! where they may)e served with pertinent notices"

798 2" #n 1 une 200! plaintiff found a 5old /olex #yster watch! without ;nowingwho its true owner is" *he watch is now in plaintiff(s possession" #n or a)out < une 1@@@!defendants made similar representations to plaintiff as to ownership of the watch"

6" Plaintiff! who claims no interest in the watch! cannot determine the conflictingclaims of defendants and thus see;s to compel defendants to interplead and litigate theirseveral claims )etween themselves"

7:8 +7E/E.#/E! it is respectfully prayed that this 7onora)le Court issue an orderdirecting defendants to interplead with one another to determine their respective rights andclaims and to allow plaintiff to recover his expenses for safe;eeping and the costs of thissuit! as first lien upon the su%5ect $atter of this action"

7;8 AueHon CityF uly 200"

7


33/77

". Action to uiet (or Re$o3e C'oud on) Tit'e

I- /E AUIE*I-5 #. *I*LE #4E/ *7EP/#PE/*D C#4E/E3 BD *C* -#" 1269?

*7E CI*D C#U-CIL#. AUEQ#- CI*D!

3efendant"x &&&&&&&&&&&&&&&&&&&&&&&&&&& x

C#,PL$I-*


718 1" Plaintiff is a .ilipino citiHen of legal age and resident of AueHon CityFdefendant is the City Council of AueHon City! the duly&constituted legislative )ody forAueHon City! its mem)ers may )e served with notices at AueHon City 7all"

798 2" #n 1 $ugust 1@@@! defendant City Council passed #rdinance -o" 269< ma;ingit unlawful to operate cellular phone units while inside a moving vehicle and penaliHing anyviolations with a fine of P1!000"00 for each offense in addition to impounding of the cellularphone unit" *he relevant portions of the #rdinance are! as follows

%Auote the relevant portions'

6" *he a)ove&8uoted 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 traffic conditions in ,etro,anila! ma=ority of )usiness is conducted in transit and over cellular phones" Plaintiff is alawyer who fre8uently has to dictate important pleadings over the phone while in transit dueto the worsening traffic condition" *he #rdinance appears to )ar his doing so )ut plaintiff isunaware of the limits of permissi)le action under the #rdinance"

9" Unless declaratory relief is granted! plaintiff will suffer 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 confiscation and a fine"

7:8 +7E/E.#/E! plaintiff respectfully prays that this 7onora)le Court grantdeclaratory relief and declare plaintiff(s rights and duties under the #rdinance"


7


35/77

d. uo Garranto

%Caption and title'

C#,PL$I-*


718 1" %tate the capacity and address of %oth plaintiff and defendant('

798 2" %tate fully and clearly the facts and circu$stances shoin# that defendant isunlafully occupyin# a pu%lic office and that plaintiff is entitled to hold the sa$e office('

6" %tate that plaintiff has de$anded that defendant vacate said office and deliver itto plaintiff %ut that defendant has unlafully refused to do so(9

7:8 +7E/E.#/E! plaintiff respectfully prays that a writ of 8uo warranto issue oustingand excluding defendant from occupying the office of and declare that plaintiffis entitled to the said office and that he )e placed forthwith in possession thereof"


7


36/77

III. !LEA*IN0S AN* OTER LE0AL FOR#S IN CRI#INAL !ROCE*-REA. Co$&'aintDA,,ida3it and CounterDA,,ida3it

1. Co$&'aintDA,,ida3it

/epu)lic of the Philippines 'City of ,a;ati ' s"s"

CO#!LAINTDAFFI*A+IT

718 I! #A SELAN! of legal age! .ilipino! ith assistance of counsel-and 798residentof 9 Privet 3rive! *riple 4illage! ,a;ati! do here)y state under oath that

1" I am a mem)er of the *riple 4illage 7omeowner(s $ssociation %N$ssociationO'and was formerly a 3irector and Corporate ecretary of the $ssociation"

7:8 2" I accuse and here)y charge #R. #A IN0AH! residing at < Privet 3rive! *riple 4illage! ,a;ati! of violating $rticle 6


37/77

9. CounterDA,,ida3it

/epu)lic of the Philippines 'City of ,a;ati ' s"s"

C#U-*E/&$..I3$4I*

/e I"" -o" 1>16

718 I! #A LABO of legal age! ith assistance of counsel-do here)y state under oaththat

1" I am the Chief of taff of the ,ayor of AueHon City! and have )een occupying saidpost since his election to the post in 1@@?" In said capacity! I am in charge of coordinatingthe day&to&day affairs and activities of his #ffice"

798 2" I recently learned that I have )een made a respondent in I"" -o" 1>16! acharge for estafa! filed )y a certain #A 0-LAN0on 1@ anuary 200 )efore the #ffice ofthe City Prosecutor for AueHon City"

6" *he charge is )ased on a supposedly unpaid account for the purchase of seven %'-extel phone units )y a ,r" ,$-55$ 5$-*# of the AueHon City /escue and Environmental3istress Unit! which made the ,ayor their 7onorary Chairman with no direct functionsF hehas )een supporting their activities financially with voluntary contri)utions"

7:8 9" *here is no truth to the allegations in ,$ 5UL$-5(s complaint" *here is nofactual nor legal )asis to charge me with estafa" *he Complaint must )e dismissed" *o re)utand contradict ,$ 5UL$-5(s malicious lies! I set forth the true circumstances leading to thetransaction )elow

9"1" ometime last year! ,s" 5ulang called the office of the ,ayor!loo;ing for himF 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 alreadyF she then told me if the ,ayor could referher to prospective clients" +hen the ,ayor arrived! I relayed the message tohim"

9"2" Auite coincidentally! ,r" 5antso had called the ,ayor as;ing if hecould assist in securing -extel units" *he ,ayor as;ed me to call ,s" 5ulang",r" 5antso and ,s" 5ulang were a)le to meet! as a result"

9"6" #n that day! ,s" 5ulang )rought the units to the ,ayor(s #fficeFshe met with ,r" 5antso inside the ,ayor(s office" *hey transacted )usinessinside the ,ayor(s #ffice and only passed )y my office on their way out"

9"9" ome time after that! ,s" 5ulang phoned me and told me that ,r"

5antso had not paid her the amount of P11!000"00 for the units" omewhatem)arrassed )y this! I called ,r" 5antso and told him to pay ,s" 5ulangF heassured me that he would pay her )ut that he =ust needed to collect moneyfrom the rest of the group"

9"" *hereafter! I would still receive phone calls telling me that ,r"5antso had yet to payF I would follow up with ,r" 5antso )ut he simply gave

me this promise that he would pay"

" .or this reason! it is certainly incomprehensi)le that I should stand accused ofestafa )y ,s" 5ulang" I &er,or$ed no act o, deceit or ,raud aain%t her in orderinthe unit%. I &er,or$ed NO ACT that e3en re$ote' re%e$"'e% ANH o, the act%&uni%hed under Artic'e :1


38/77

)enefited from the -extel units %which ,s" 5ulang does not even allege and cannot prove'Fany civil lia)ility should pertain to the #ffice 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"

*# *7E */U*7 #. *7E .#/E5#I-5! I have signed this tatement on 6 .e)ruary200"

7;8 %gd"' ,$ L$B#$ffiant

!L-S1" 7


39/77

B. In,or$ation and Co$&'aint1. In,or$ation (with Certi,icate o, !re'i$inar In3e%tiation or In2ue%t)

a. Bia$

%Caption'

PE#PLE #. *7E P7ILIPPI-E!Plaintiff!Criminal Case -o" 00

& versus & .or Bigamy

PI :U*I-!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

I-.#/,$*I#-

*he Undersigned accuses PI :U*I- of the crime of Bigamy! committed as follows

*hat on or a)out 6 uly 200>! in the City of AueHon and within the=urisdiction of this 7onora)le Court! the said accused! )eing then legallymarried to BIL ,#:#! and without such marriage having )een legallydissolved and thus valid and existing! did wilfully! unlawfully and felicitouslycontract a second marriage with $$ +$ in the City of AueHon"

C#-*/$/D *# L$+"

ELLI#* -E$ssistant City Prosecutor

CE/*I.IC$*E #. P/ELI,I-$/D I-4E*I5$*I#-

I here)y certify that a preliminary investigation in this case was conducted )y me inaccordance with lawF that I examined the Complainant and her witnessesF that there isreasona)le ground to )elieve that the offense charged had )een committed and that theaccused is pro)a)ly guilty thereofF that the accused was informed of the Complaint and ofthe evidence su)mitted against him and was given the opportunity to su)mit controvertingevidenceF and that the filing of this Information is with the prior authority and approval ofthe City Prosecutor"


UBC/IBE3 $-3 +#/- *# BE.#/E ,E this @thday of $ugust 200> in AueHon City"

$L C$P#-ECity Prosecutor

Bail /ecommended P10!000"00

66


40/77

". The,t

%Caption'

PE#PLE #. *7E P7ILIPPI-E!Plaintiff!

Criminal Case -o" 00& versus & .or *heft

:LEP*# ,$-I$C!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& xI-.#/,$*I#-

*he Undersigned accuses :LEP*# ,$-I$C of the crime of *heft! committed asfollows

*hat on or a)out 6 uly 200>! in the City of AueHon andwithin the =urisdiction of this 7onora)le Court! the said accused!then 11 years old and without any ;nown address! willfully!unlawfully and feloniously! with intent to gain! without forceupon things or violence upon persons and without the;nowledge and consent of ,$ $L$7$! the owner! too; a goldnec;lace studded with diamonds valued at #ne 7undred

*housand Pesos %P100!000"00' to the pre=udice of said owner"

C#-*/$/D *# L$+"


CE/*I.IC$*I#- $ *# C#-3UC* #. I-AUE*

I here)y certify that the accused was lawfully arrested without a warrant and that!upon )eing informed of his rights! refused to waive the provisions of $rticle 12< of the/evised Penal Code and! for this reason! an In8uest was conductedF 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 saidcrimeF that this Information was with the prior authority of the City Prosecutor"


UBC/IBE3 $-3 +#/- *# BE.#/E ,E this @thof $ugust 200> in AueHon City"

$L C$P#-ECity Prosecutor

69


41/77

c. Atte$&ted Ra&e

%Caption'


Criminal Case -o" 00& versus & .or $ttempted /ape

,$EL I$!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

I-.#/,$*I#-

*he undersigned accuses ,$EL I$ of attempted rape committed as follows

*hat on or a)out > une 200


!L-S Certification of Preliminary Investigation or In8uest

6


42/77

d. Fru%trated #urder

%Caption'


Criminal Case -o" 00& versus & .or .rustrated ,urder

,$,$ ,$*$D!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

I-.#/,$*I#-

*he undersigned accuses ,$,$ ,$*$D of frustrated murder committed as follows

*hat on or a)out 21 $ugust 200>! in AueHon City! the accused did thenand there ta;e a loaded "99 Cali)er ,agnum pistol! directly aim the samefirearm at the person of 4IC *I,$! an invalid septuagenarian! and! at point)lan; range! with intent to ;ill! discharge the firearm twice against the personof said 4ic *ima! inflicting on said 4ic *ima two %2' wounds on his chest andstomach! which wounds would have )een fatal had not timely medicalassistance )een rendered to the said 4ic *ima"

C#-*/$/D *# L$+ with the aggravating circumstances of EvidentPremeditation! use of firearm and disregard of age"

%gd"' ELLI#* -E$ssistant City Prosecutor

!L-S Certification of Preliminary Investigation or In8uest

6>


43/77

C. #otion%1. #otion to ua%h In,or$ation

718 /epu)lic of the Philippines-ational Capital udicial /egion

/E5I#-$L */I$L C#U/*

Branch @0! AueHon CityPE#PLE #. *7E P7ILIPPI-E!Plaintiff!

Criminal Case -o" 00& versus & .or *heft

:LEP*# ,$-I$C!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- *# AU$7

798*7E $CCUE3! )y counsel! respectfully moves to 8uash the Information for thecrime of theft on the following

7:8 5/#U-3

1" I* C#-*$I- $4E/,E-* +7IC7! I. */UE! +#UL3 C#-*I*U*E $ LE5$LU*I.IC$*I#-F

2" *7I C#U/* I +I*7#U* U/I3IC*I#-"

In support! the accused respectfully states that

$/5U,E-*

*he Information alleges that the accused :LEP*# ,$-I$C is eleven %11' years oldand without any ;nown address" Under $rticle 12! paragraph 6 of the /evised Penal Code! aperson over nine years of age and under fifteen! unless he acted with discernment! isexempt from criminal lia)ility"

*here is no allegation that the accused acted with discernment" Even granting saiddiscernment! the accused cannot )e tried )ut instead proceeded against under $rticle ?0 ofthe /evised Penal Code! which provides that a minor! unless sixteen years of age at the timeof the commission of a grave or less grave felony! cannot )e tried )ut instead shall have the)enefit of a suspension of all proceedings against him" *he duty of the court would )e tocommit the minor to the custody or care of a pu)lic or private )enevolent or charita)leinstitution for the care and education of homeless and delin8uent children or to the custodyof the 3epartment of ocial +or; and 3evelopment"

7;8 +7E/E.#/E! it is respectfully prayed that the Information against the accused )eAU$7E3 and that the accused )e released immediately from detention"

7


44/77

9. #otion to ua%h Search Garrant

718 %Caption'PE#PLE #. *7E P7ILIPPI-E!

Plaintiff!

& versus & Criminal Case -o" 00022.or Li)el4I5 C7$-!

$ccused"x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- *# AU$7 E$/C7 +$//$-*

*he $CCUE3! )y counsel! respectfully moves for the 8uashal of earch +arrant -o"1122 issued )y this 7onora)le Court on and dated 12 uly 200> )ased on the followingconsiderations

798 1" /ule 12>! ec" 10 or the /evised /ules of Court provides expressly that asearch warrant shall )e valid for ten %10' days from its date and that thereafter! it shall )evoid"

2" earch +arrant -o" 1122 is dated 12 uly 200>" It was served on the accused on26 uly 200>! the 11thday from its dateF this is certified to )y the worn Inventory and/eturn executed )y ,a=or $lang $lam! the leader of the searching team %a copy of which isalready part of the records'" $ search was made on the same day! 26 uly 200>F pursuant tosaid search! certain o)=ects were seiHed and delivered to the court" Under the law! theearch +arrant is void and must! thus! )e 8uashed"

7:8 +7E/E.#/E! it is respectfully prayed that earch +arrant -o" 1122 )e AU$7E3and all o)=ects seiHed under its purported authority )e declared I-$3,IIBLE under theexclusionary rule in $rticle III! ection 6%2' in relation to section 2 of the 1@? Constitution"

7;8 AueHon CityF 2< uly 200>"

7


45/77

:. #otion to Su&&re%% E3idence

718 %Caption'


& versus & Criminal Case -o" 00022.or Li)el

4I5 C7$-!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- *# UPP/E E4I3E-CE U-L$+.ULLD EIQE3

*he $CCUE3! )y counsel! respectfully moves for the suppression of o)=ects seiHedon 26 uly 200>! pursuant to earch +arrant -o" 1122 issued )y this 7onora)le Court dated12 uly 200>! )ased on the following considerations

798 1" earch +arrant -o" 1122 was served on the 11thday and is! thus! void"2" *he motor vehicle seiHed does not fall within the property that may lawfully)e seiHed"

3iscussionJ1K earch +arrant -o" 1122 wasserved on the 11thday and is! thus!void"

1" /ule 12>! ec" 10 of the /evised /ules of Court provides expressly that a searchwarrant shall )e valid for ten %10' days from its date and that thereafter! it shall )e void"

2" earch +arrant -o" 1122 is dated 12 uly 200>" It was served on the accused on26 uly 200>! the 11thday from its dateF this is certified to )y the worn Inventory and/eturn executed )y ,a=or $lang $lam! the leader of the searching team %a copy of which isalready part of the records'" $ search was made on the same day! 26 uly 200>F pursuant tosaid search! certain o)=ects were seiHed and delivered to the court" Under the law! theearch +arrant is void"

6" -o valid seiHure may )e made under a void warrant" .or this reason! the followingo)=ects must )e suppressed

Jlist itemsK

J2K *he motor vehicle seiHed doesnot fall within the property thatmay lawfully )e seiHed"

9" #n the occasion of the search! the searching party also NseiHedO accused(s greenaguar E with license plate! N-o" 1R! allegedly for )eing su)=ect of the offense" *hereafter!it was impounded and ;ept at the P-P ,otor Pool"

8 Proof of ervice

6@


46/77

;. #otion ,or Bai'

718 %Caption'


Criminal Case -o" 00& versus & .or ,urder

-$:$ PII*!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

,#*I#- .#/ B$IL

798*7E $CCUE3! )y counsel! respectfully moves to )e allowed )ail on the groundthat the 7:8 prosecution(s evidence of his guilt is not strong" In support! he respectfullysu)mits the following

1" *he Information alleges that he raped the private complainant on 2< 3ecem)er200< at his residence in AueHon City" *he prosecution(s own evidence! however! )elies thisallegation as %a' the medical certificate %attached as $--E $ to the Information' statesthat private complainant is in a virgin state with no physical and outward signs of traumaF%)' the medical certificate issued )y the -BI doctor %attached as $--E B to theInformation' after a physical examination of the accused! two %2' days after the allegedrape! shows that he is suffering from erectile dysfunction and has )een so afflicted for closeto five %


47/77

*. A&&'ication ,or Bai'

718 %Caption'


& versus & Criminal Case -o" 119??

/ECD 3I4I*!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

$PPLIC$*I#- .#/ P/#B$*I#-

*7E $CCUE3! )y counsel! respectfully applies for pro)ation pursuant to theprovisions of Presidential 3ecree -o" @>?! as amended"

In support of this application! the accused respectfully su)mits the following

1" $ccused&applicant is of legal age and currently gainfully employed at $-Broadcasting Corporation located at *imog $venue! AueHon City" #n 26 .e)ruary 200! shepleaded NguiltyO to the offense charged hereinF conse8uently! this 7onora)le Court in its#rder dated ? ,arch 200 sentenced accused&applicant to an indeterminate penalty rangingfrom three %6' years to five %


48/77

I+. !LEA*IN0S AN* OTER LE0AL *OC-#ENTS CO##ON TO CI+IL AN*CRI#INAL !ROCE*-REA. O,,er o, E3idence and O&&o%ition/Co$$ent to O,,er

1. For$a' O,,er o, E3idence

/epu)lic of the Philippines

-ational Capital udicial /egion/E5I#-$L */I$L C#U/*Branch @0! AueHon City


Criminal Case -o" 000011& versus &

/ECD 3I4I*!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

.#/,$L #..E/ #. E4I3E-CE

*7E P/#ECU*I#-! )y the undersigned pu)lic and private prosecutors! respectfullyoffer their documentary exhi)its in support of their case&in&chief

1" Exhi)it $! the sworn statement of S$lang :aso! the private complainant! andExhi)it $&1! his signatureTto prove that on the date and time stated in the affidavit! theaccused issued a post&dated chec; in the amount of #ne ,illion Pesos %P1!000!000"00'which! on presentment for payment! was dishonored for lac; of insufficient fundsF to proveauthorship and the authenticity of the sworn statementF and as part of the testimony of theprivate complainant"

2" Exhi)it B! the post&dated chec; dated 60 une 2009! issued )y the accused in theamount of #ne ,illion Pesos %P1!000!000"00'F Exhi)it B&1! the dorsal side of the chec; withnotation N3$I.OF Exhi)it B&2! the signature of accused on face of the chec;Tto prove theissuance of the chec;! the amount stated! the reason for dishonor and the identity of theissuer" *he mar;ed copies of Exhi)its $ and B are already part of the record"

+7E/E.#/E! the prosecution respectfully prays that the foregoing Exhi)its )e$3,I**E3 as proof of the facts therein stated and in support of its case&in&chief and for allother relevant purposes"

AueHon CityF uly 200"

ELLI#* -E $**ICU .I-C7Pu)lic Prosecutor Private Prosecutor

Copy furnished

,I*C7 ,C3EE/ECounsel for $ccused

92


49/77

9. Co$$ent/O&&o%ition to O,,er


Criminal Case -o" 000011& versus &

/ECD 3I4I*!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

C#,,E-* #- *7E P/#ECU*I#-(.#/,$L #..E/ #. E4I3E-CE

*7E $CCUE3! )y counsel! respectfully oppose the Prosecution(s #ffer of Evidencefor the following reasons

1" Exhi)it $! the sworn statement of S$lang :aso! the private complainant! andExhi)it $&1! his signature are I-$3,IIBLE )ecause the private complainant was neverpresented to authenticate the document or su)=ected to cross&examination! thus! thedocument is hearsay and inadmissi)le"

2" Exhi)it B! the post&dated chec; dated 60 une 2009! issued )y the accused in theamount of #ne ,illion Pesos %P1!000!000"00'F Exhi)it B&1! the dorsal side of the chec; withnotation N3$I.OF Exhi)it B&2! the signature of accused on face of the chec; areI-$3,IIBLE for violation of the Best Evidence /ule as the original chec; was neverpresentedF and no )asis for the presentation of secondary evidence laid"

$CC#/3I-5LD! the $CCUE3 respectfully su)mits that the Prosecution(s Exhi)its areI-$3,IIBLE and must! thus! )e ECLU3E3"


%gd"' ,I*C7 ,C3EE/ECounsel for the $ccused

J$ddressK

Copy furnished

ELLI#* -EPu)lic Prosecutor

$**ICU .I-C7Private Prosecutor

96


50/77

B. *e$urrer to the E3idence1. Cri$ina' ca%e%

%Caption'

PE#PLE #. *7E P7ILIPPI-E!

Plaintiff! Criminal Case -o" 00& versus & .or 4iolation of P3 1?>>

$-$:I- :D+$L:E/!$ccused"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

3E,U//E/ *# *7E P/#ECU*I#-( E4I3E-CE

*7E $CCUE3! )y counsel! ith leave of court previously o%tained! respectfullysu)mits this 3emurrer to the Prosecution(s Evidence on the ground that the prosecution hasfailed to adduce sufficient evidence of his guilt to overcome the presumption of innocenceand shift the )urden of proof

1" Under the Constitution! the accused is presumed to )e innocent until provenguilty" *he effect of this presumption is that it entitles the accused to not say anything in hisdefense and places the )urden directly on the prosecution to prove everything relative to hisguilt" *hus! the prosecution must rely on the strength of its evidence and not wait for theaccused to offer any defense" It is only in the event that the prosecution! after resting itscase! has adduced sufficient evidence of guilt that the )urden of proof shifts to the accused"

2" *he prosecution has failed to adduce sufficient evidence of guilt such as wouldshift the )urden of proof"

2"1" *he accused is charged with violation of P3 1?>>F the gravamenof the offense is unauthoriHed possession of a firearm" Concretely! this meansthat the prosecution must prove that the accused had no legal authority topossess any firearm"

2"2" *he prosecution has failed to show that the accused had nolicense to carry a firearm" *he proof of the negative element is indispensa)leto proof of a violation of P3 1?>>" +ithout proof of this negative element! thecrime is not proven"

6" $)sent proof of the negative element! i"e"! a)sence of a license! the offense is notproven" *he accused is innocentF he must! thus! )e ac8uitted"

+7E/E.#/E! the accused respectfully prays that the Information against him )e3I,IE3 and that he )e $CAUI**E3 of the crime charged"


3$/*7 I3I#UCounsel for the $ccused

J$ddressK

!L-S /e8uest for and -otice of 7earing

99


51/77

9. Ci3i' ca%e%

%Caption'




x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

3E,U//E/ *# *7E E4I3E-CE

3E.E-3$-*! )y counsel! ith leave of court previously sou#ht and #ranted!respectfully su)mits this 3emurrer to the Evidence )ecause plaintiff has failed to proveentitlement to his claims )y a preponderance of evidence

1" *his action see;s to collect a sum of money arising from a contract"

2" Plaintiff! after resting his case! has failed to %a' prove the authenticity of thecontract! %)' the extent of the o)ligation under the contract! %c' the demanda)ility of theo)ligation under the contract and %d' defendant(s lia)ility for the o)ligation and damages"

6" Conse8uently! plaintiff has failed to prove his claims )y a preponderance ofevidence and defendant is entitled to a dismissal of the Complaint against her"

+7E/E.#/E! defendant respectfully prays that the Complaint against her )e3I,IE3"


%gd"' #BI +$- :E-#BICounsel for 3efendant

J$ddressK

!L-S /e8uest for and -otice of 7earing

9


52/77

C. Notice o, Li% !enden%

/epu)lic of the Philippines9thudicial /egion

/E5I#-$L */I$L C#U/*Branch 1! $ntipolo

3$,I LUP$!Plaintiff!Civil Case -o" 00

& versus & .or /econveyance

$L$-5 LUP$!3efendant"

x &&&&&&&&&&&&&&&&&&&&&&& x

-#*ICE #. LI PE-3E-

*7E /E5I*E/ #. 3EE3$ntipolo City! /iHal Province

Please ta;e notice that a parcel of land covered )y *C* -o 1269 located in $ntipolo!/iHalF registered in the name of defendant is the su)=ect matter of an action forreconveyance of an undivided one&sixth portion thereof filed )y 3$,I LUP$! a)ove&namedplaintiff" $ccordingly! please record this notice on the title"

/EPEC*.ULLD UB,I**E3"


%gd"' $**ICU .I-C7Counsel for Plaintiff

J$ddressKCopy furnished

,I*C7 ,C3EE/E! Es8"Counsel for 3efendant

9>


53/77

*. A&&earance a% Coun%e'

/epu)lic of the Philippines/E5I#-$L */I$L C#U/*

-ational Capital udicial /egionBranch 101! AueHon City

$-$:I- :D+$L:E/!Plaintiff!Civil Case -o" 16


54/77

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

%Caption'

$-$:I- :D+$L:E/!

Plaintiff! Civil Case -o" 16


55/77

F. Su"%titution o, Coun%e'

%Caption'


Civil Case -o" 16 uly 200>! a copy of which he received on 1> uly 200>! for)eing contrary to law and the evidence presented"

AueHon City for ,anilaF 1 uly 200>"

%gd"' $**ICU .I-C7Counsel for Plaintiff

J$ddressKCopy furnished

,I*C7 ,C3EE/ECounsel for 3efendant

9@


56/77

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


/E5I#-$L */I$L C#U/*Branch 1@1! ,a;ati

I- /E PE*I*I#- .#/ 7$BE$C#/PU #. *7E ,I-#/ LU:E$-3 LEI$ :D+$L:E/

P -o" 111669P$3,E $,I3$L$!

Petitioner"

$-$:I- :D+$L:E/!/espondent"

x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

PE*I*I#-


1" Petitioner is the mother of the minors Lu;e and Leia ;ywal;er! who were )orn outof the valid marriage )etween petitioner and respondent $na;in ;ywal;er"

2" *he marriage failed and petitioner has )een living separately from respondentsince 2009" ometime in .e)ruary 200! respondent! un;nown to petitioner! a)ducted theminor children and has ;ept them incommunicado and out of petitioner(s reach"

6" Being )elow seven %' years of age! custody of the minors is naturally presumedto )elong to petitioner! as their mother" Conse8uently! respondent(s refusal to allowpetitioner to regain custody over the minors is unlawful and un=ustified"

+7E/E.#/E! petitioner respectfully prays that a writ of ha)eas corpus issue directingrespondent to ma;e a return showing his legal authority to detain the minor children!su)=ect of this petition! and thereafter! present the minor children personally )efore theCourt on a date and time it chooses"


#BI +$- :E-#BICounsel for Petitioner

J$ddressK

!L-S 4erification and Certification against .orum hopping


57/77

B. !etition ,or Ado&tion

I- /E PE*I*I#- .#/ $3#P*I#-#. $-$:I- :D+$L:E/

P -o" 1116693$/*7 4$3E/ and P$3,E $,I3$L$!

Petitioners"x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

PE*I*I#-

PE*I*I#-E/! )y counsel! respectfully state that

1" Petitioners are hus)and and wife! )oth of legal age! and residents of "

2" *hey have no legitimate children of their own and desire to =ointly adopt a minornamed $-$:I- :D+$L:E/! 10 years old! the legitimate child of "

6" *he parents of the minor are not insane! intemperate and are in full possession ofcivil capacityF they have not a)andoned the minor child" +ith full ;nowledge of petitioners(intention! they have expressly given their written consent to the adoption! as shown )y theirstatement! a copy of which is attached as $--E $"

9" Petitioners are 8ualified to adopt the minor and are financially capa)le ofsupporting the minorF they are also morally 8ualified to )ring up and educate the said minor"

+7E/E.#/E! it is respectfully prayed that =udgment )e rendered in petitioners( favorad=udging the minor child $-$:I- :D+$L:E/ freed from all legal o)ligations of o)edienceand maintenance with respect to hisher natural parents and that heshe )e declared to alllegal intents and purposes! the child of herein petitioners and that hisher surname )echanged to that of petitioners"


%gd"' ,$*E/ D#3$J$ddressK



58/77

C. !etition ,or *ec'aration o, Nu''it o, #arriae with A&&'ication ,or!ro3i%iona' Order%

JCaption and *itleK


1" Petitioner is a .ilipino citiHen! of legal age and married to respondent" .orpurposes of this petition! she may )e served with notices and other pertinent processesthrough counsel at Jaddress of counselK"

2" /espondent is a .ilipino citiHen! of legal age! currently employed at JstateemployerK and married to petitioner" 7e may )e served with summons and other pertinentorders and processes of this Court at Jstate addressK

6" Petitioner and respondent were married on JdateK and out of this marriage! theyhave Jstate num)er of children! respective agesK" $ copy of the ,arriage Contract executed)y petitioner and respondent is attached as ANNE AF a copy each of the )irth certificatesof the minor children is attached as ANNE B Cand *! respectively"

9" Petitioner and respondent are currently separated in fact and have )een so since,ay 2001" *he reason for the continuing separation in fact is the )rea;down of themarriage due to )oth petitioner(s and respondent(s mutual psychological incapacity to fulfilland discharge their respective marital o)ligations to each other! which existed at the time ofthe marriage in 1@@? )ut manifested itself well into the marriage

" In compliance with =urisdictional re8uirements! petitioner su)mitted herself to apsychological and clinical assessment )y a trained professional! Clinical Psychologist JstatenameK" 3espite 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 profile of respondentF should this )ecomematerial! petitioner reserves the right to re8uest respondent to su)mit to a psychologicalexamination for purposes of confirming the mutual psychological incapacity to remainmarried to each other"

" Petitioner(s psychological incapacity is descri)ed in clinical terms as )eingconsistent with a 4>1"1 Partner /elational Pro)lem and is said to have N,asochisticPersonality 3isorderO or N601"@ Personality 3isorder -ot #therwise pecifiedOF on the otherhand! the assessment given )y the psychologist of respondent(s psychological ma;e&up isthat he has a N601"20 chiHoid Personality 3isorder with narcissistic featuresO which isdescri)ed as Ngrave! incura)le and has antecedents"O *he psychological ma;e&up of

petitioner and respondent is explained in greater detail in the C'inica' A%%e%%$ent Re&ort%N/eportO' dated 2? 3ecem)er 200>! a copy of which is attached as ANNE E"

?" *heir minor children are in petitioner(s custody and are )eing supported )y herfinancially 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 separatedfrom the mother! save for exceptional circumstances which do not exist in this case"

10" Petitioner cannot! however! provide for all the financial 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" Petitionerearns only %state amount' from her wor; as shown )y her payslip attached as ANNE Fwhereas respondent earns %state amount' from his wor; as shown )y his payslip attached asANNE 0" *he common property of petitioner and respondent is insufficient for the supportof the children" /espondent must! thus! )e directed to give support to his children in theamount of %state amount'"

+7E/E.#/E! petitioner respectfully prays that P/#4II#-$L #/3E/ 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 &&

J1K 3eclaring the marriage )etween petitioner and respondent a nullity and!)y this to;en! ordering the dissolution of the con=ugal partnership of gainsF

and

J2K $warding permanent custody of the children to petitioner! with expressac;nowledgement of respondent(s visitation rightsF

J6K $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 e8uita)le reliefs are also prayed for"



J$ddressK



60/77

*. !etition ,or !ro"ate o, a o'ora&hic Gi''


/E5I#-$L */I$L C#U/*Branch 60! an uan

/E P/#B$*E #. *7E 7#L#5/$P7IC+ILL #. P$BLI-5 I$"!

P P/#C" -o" 0026P$LI-5 :E/$!

Petitioner!x &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& x

PE*I*I#-


1" Petitioner is a .ilipino citiHen and the widow of the deceased"

2" #n 1> $ugust 200>! P$BLI-5 I$ died! having previously executed a holographicwill in his own handwriting and in a language ;nown to him" $ copy of the will is attached as$--E $" *he handwriting may )e attested to as his )y his secretary of long standing! *#,C/UQ"

2" *he deceased left a house and lot located at -o"

J$ddressK



61/77

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

PECI$L P#+E/ #. $**#/-ED

:-#+ $LL ,E- BD *7EE P/EE-*

I! #BI +$- :E-#BI! of legal age! and resident of *atooine! do here)y name!constitute and appoint P$3,E $,I3$L$! of legal age! and resident of -a)oo! to )e my trueand lawful $ttorney&in&.act and in my name! place and stead! do perform the followingspecific act%s'

%pecify the particular acts to )e performed'

5iving and granting unto said attorney&in&fact power and authority to do every actnecessary and re8uired in connection with these presents! and here)y ratifying andconfirming all that she may do )y virtue of these presents"

I- +I*-E +7E/E#.! I have signed this pecial Power of $ttorney this uly 200at *atooine"

%gd"' #BI +$- :E-#BIPrincipal

I5-E3 I- *7E P/EE-CE #.

%gd"' /232

%gd"' C6P#

$c;nowledgment

B. 0enera' !ower o, Attorne

5E-E/$L P#+E/ #. $**#/-ED

:-#+ $LL ,E- BD *7EE P/EE-*

I! #BI +$- :E-#BI! of legal age! and resident of *atooine! do here)y name!constitute and appoint P$3,E $,I3$L$ to )e my true and lawful attorney&in&fact! for meand in my name! place and stead! to do and perform the following acts! to wit

%pecify general acts that $ttorney&in&.act may do'

5iving and granting unto my said $ttorney&in&.act full power and authority necessary

and re8uired to carry out the acts as fully to all intents and purposes as I might do orlawfully do if personally present! with power of su)stitution and revocation! and here)yratifying and confirming all that my said attorney&in&fact or his su)stitute shall lawfully do orcause to )e done under and )y virtue of these presents"

I- +I*-E +7E/E#.! I have signed this instrument this uly 200 at *atooine"

%gd"' #BI +$- :E-#BIPrincipal

I5-E3 I- *7E P/EE-CE #.

%gd"' /232

%gd"' C6P#

$c;nowledgment


62/77

C. Contract o, Lea%e

C#-*/$C* #. LE$E

:-#+ $LL ,E- BD *7EE P/EE-*

*his $greement made and entered into at ,a;ati this

th

day of uly 200 )y and)etween 3$,I B$7$D! of legal age! married to $$ +$! %LE#/' and resident of ,a;atiCity! and $L$-5 B$7$D! of legal age! single and resident of AueHon City %LEEE'!+I*-EE*7 that

1" In consideration of a monthly rental of .I4E *7#U$-3 PE# %P

2"1" *o pay the rentals on or )efore the fifth day of each month!without need of demand at the residence of LE#/F

2"2" *o ;eep the premises in good and ha)ita)le condition! ma;ing thenecessary repairs and painting inside and outside the houseF

2"6" -ot to ma;e ma=or alterations and improvements without thewritten consent of the LE#/ and in the event of such unauthoriHed ma=oralterations and improvements! surrendering ownership over suchimprovements and alterations to the LE#/ upon expiration of this leaseF

I- +I*-E +7E/E#.! the parties have signed this contract on the date and theplace first mentioned"

3$,I B$7$D $-5 B$7$DLessor Lessee

+ith my consent$$ +$

$c;nowledgment

BE.#/E ,E! a -otary Pu)lic for ,a;ati City! personally appeared on the thof uly200! the following persons! with their respective C*C details indicated )elow

3$,I B$7$D C*C -o" issued aton$L$-5 B$7$D C*C -o" issued aton

;nown to me to )e the same persons who executed the foregoing instrument! denominatedas a Contract of Lease consisting of pages! signed on each and every page )y the partiesand their instrumental witnesses! having ac;nowledged the same )efore me as their ownfree and voluntary act and deed"

*# *7E */U*7 #. *7E .#/E5#I-5! witness now my hand and seal on the date andplace mentioned a)ove"

-"#" *$/I#Until 3ecem)er 61! 200

P*/ -o" 000011110


63/77

*. o'ora&hic Gi''

an uan! ,etro ,anila uly 200

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

which I ;now how to read and write! )e8ueathing my house and lot located at -o"

E. Notaria' Gi''

L$* +ILL $-3 *E*$,E-*of

P$BLI-5 I$! /"

:-#+ $LL ,E- BD *7EE P/EE-*

I! P$BLI-5 I$! /"! of legal age! married to P$LI-5 :E/$! a native of Lipa City!Batangas! now actually residing at an uan! ,etro ,anila! )eing of sound and disposingmind and memory! and not acting under influence! violence! fraud or intimidation ofwhatever ;ind! declare this to )e my Last +ill and *estament which I have caused to )ewritten in English! the language which is ;nown to me" $nd I here)y declare that

I" *he following are my children and their addressesF

%-ame of children and addresses'

II" I give and )e8ueath to my children ! ! and! in e8ual shares! the following properties! real and personal!whatsoever and wheresoever located

%3escription of property'

III" I designate as the sole executor of this Last +ill and*estament"

I- +I*-E +7E/E#.! I have set my hand this thday of uly 200 in an uan! ,etro,anila"

%gd"' P$BLI-5 I$! /"


64/77

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

$**E*$*I#- CL$UE

+E! the undersigned witnesses! whose residences are stated opposite our respectivenames! do here)y certify that the testator has pu)lished unto us the

foregoing will consisting of pages num)ered correlatively in letters on the upper part ofeach page! as hisher last will and testament and has signed the same and every pagethereof! on the left margin! in our =oint presence and we! in turn! at hisher re8uest havewitnessed and signed the same and every page thereof! on the left margin! in the presenceof the testator and in the presence of each other"

$:I 1 /esidence$:I 2 /esidence$:I 6 /esidence

0. Ac6now'ed$ent o, a Notaria' Gi''

#I-* $C:-#+LE35,E-*

BE.#/E ,E! -otary Pu)lic for and I the City of an uan! Philippines! this thday ofuly! 200! personally appeared

P$BLI-5 I$! /" %*estator'! with 4alid Identification 3ocument issued)y %official agency'! on > uly 200>F

$:I 1 %+itness'! with 4alid Identification 3ocument issued )y%official agency'! on > uly 200>F



all ;nown to me to )e the same persons who signed the foregoing +ill! the first as testatorand the last three as instrumental witnesses! and they respectively ac;nowledged to methat they signed the same as their own free act and deed"

*his +ill consists of pages! including the page in which this ac;nowledgment iswritten! and has )een signed on the left margin of each and every page thereof )y thetestator and his witnesses and has )een sealed with my -otarial seal"

I- +I*-E +7E/E#.! I have set my hand the day! year and place written"

%gd"' -" #" *$/I#

-otary Pu)licUntil P*/ -o" Issued at #n

3oc" -o"Page -o"Boo; -o"eries of 200"


65/77

. *onation Inter +i3o%

3EE3 #. 3#-$*I#-

:-#+ $LL ,E- BD *7EE P/EE-*

*his 3eed of 3onation! made and executed )y L$LI, BUL$! of legal age!singlemarried! and resident of %N3onorO' in favor of 3$,I U*$-5! of legalage! singlemarried and resident of %N3#-EEO' +I*-EE*7

*hat the 3#-#/ is the owner of that certain real property with the )uildings andimprovements thereon! situated in ! and more particularly descri)ed in#riginal*ransfer Certificate of *itle -o" of the land registry of ! as follows

%Copy description of property in title'

*hat for and in consideration of the love and affection which the 3#-#/ has for the3#-EE! the said 3#-#/! )y these presents! transfers and conveys! )y way of donation! untosaid 3#-EE! hisher heirs and assigns! the a)ove descri)ed real property with all the)uildings and improvements thereon! free from all liens and encum)rancesF

*hat the 3#-#/ does here)y state! for the purpose of giving full effect to thisdonation! that heshe has reserved for himselfherself in full ownership sufficient property tosupport himher in a manner appropriate to hisher needsF

*hat the 3#-EE does here)y accept this donation of the a)ove&descri)ed property!and does here)y express gratitude for the ;indness and li)erality of the 3#-#/"

I- +I*-E +7E/E#.! the 3#-#/ and the 3#-EE have signed this deed on uly200 and at AueHon City! Philippines"

L$LI, BUL$3onor

$CCEP*E3

3$,I U*$-53onee

I5-E3 I- *7E P/EE-CE #.

%gd"' ,I/#- 1

%gd"',I/#- 2

!L-S $c;nowledgment


66/77

I. Ac6now'ed$ent o, No$inee Statu% with A%%in$ent o, Share%

$C:-#+LE35,E-* #. -#,I-EE *$*U +I*7 $I5-,E-* #. 7$/E

I! 5E#/3I L$ .#/5E! %N-omineeO'! of legal age! and with office address at !here)y ac;nowledge my status as nominee for +ILLI$, /I:E/ %Nthe PrincipalO' for the

purpose of holding title to shares of stoc; in the Enterprise 7oldings Inc" %NtheCorporationO'" $s nominee! I here)y une8uivocally confirm that the Principal is the exclusiveand a)solute owner of the su)=ect shares" $ccordingly! the relationship )etween theprincipal and the nominee with respect to the su)=ect shares is governed )y the followingterms and conditions

1" $ll dividends! whether cash! stoc; or property! rights and other privileges!accruing on the su)=ect share shall )e for the account and )enefit of theprincipalF accordingly! the nominee shall deliver the same to the principal andwhoever the latter may designate"

2" 3irector(s fees and other amounts received )y way of compensation forservices rendered )y the nominee shall )e for the account and )enefit of thenominee"

6" *he principal shall save the nominee free and harmless from any lia)ility!whether for unpaid su)scriptions! taxes or otherwise! that may arise as aresult of the nominee(s holding title to the su)=ect shares for and on )ehalf ofthe principal"

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

0


67/77

. SecretarJ% Certi,icate

EC/E*$/D( CE/*I.IC$*E

I! 3E$--$ */#I! of legal age! with office address at ! on the )asis ofthe corporate records! do here)y certify that under oath that

1" I am the Corporate ecretary of E-*E/P/IE 7#L3I-5 I-C" %NcorporationO'! acorporation duly organiHed and existing under Philippine laws! with the same office addressgiven a)ove"

2" $t a meeting of the Board of 3irectors of the corporation held on ! atwhich meeting a 8uorum was present and o)tained throughout! the following resolution%s'was %were' unanimously approved and adopted

/E#L4E3! that """""""""""""""""""

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

I- +I*-E +7E/E#.! I have set my hand to this certification on at"

3E$--$ */#ICorporate ecretary

$**E*E3

E$-&LUC PIC$/3President

!L-Surat

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

Board /esolution -o"

/E#L4E3! that ,r" ean&Luc Picard! as Chairperson and ChiefExecutive #fficer of Enterprise 7oldings )e authoriHed! as he is here)yauthoriHed! to enter into any and all transactions with the representatives ofthe .erengi *rade .ederation! as may prove to )e )eneficial to thecorporation in his own opinion and determination"

$pproved and adopted this thday of uly! 200 at ,a;ati City! Philippines"

%-ame of 3irectors'

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

Board /esolution -o"

/E#L4E3! )y a vote of stoc;holders representing more than 26 ofthe su)scri)ed and paid up capital stoc;! to I-C/E$E the num)er of3irectors of the Corporation from five %


68/77

L. *eed o, A%%in$ent

3EE3 #. $I5-,E-*

:-#+ $LL ,E- BD *7EE P/EE-*

I! 3$,I 7$/E! of legal age! .ilipino and resident of ! for and inconsideration of the sum of Pesos %P'! receipt of which is here)yac;nowledged do here)y assign! cede! transfer and convey unto 3$,I LUP$! li;ewise oflegal age! and resident of ! all hisher rights! title! ownership and interest overits su)scription to #ne 7undred *housand %100!000' shares of the capital stoc; of Corporation! including advances due from said corporation" It is! however! understood thatthe assignee shall assume any and all unpaid su)scription on the said shares"

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

I- +I*-E +7E/E#.! the assignor has signed this deed on thday of uly! 200 atthe City of ,anila"

3$,I 7$/E$ssignor

I5-E3 I- *7E P/EE-CE #.

%gd"' ,I/#- 1

%gd"' ,I/#- 2

!L-S $c;nowledgment

>2


69/77

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

/epu)lic of the Philippines ',a;ati City ' s"s"

3EE3 #. $B#LU*E $LE

:-#+ $LL ,E- BD *7EE P/EE-*

I! ,$ D$ ,$-! .ilipino! single! and resident of ! for and inconsideration of the amount of ! paid to me today )y ,$ 5U L$-5!.ilipino! single and resident of do here)y ELL! */$-.E/ and C#-4EDa)solute and unconditionally unto said ,$ 5U L$-5 that certain parcel%s' of land! togetherwith the )uildings and improvements thereon situated in the City of ,a;ati! and moreparticularly descri)ed as follows

%*echnical 3escription of propertyiesF specify metes and )ounds of thepropertyies with approximate area thereof! as indicated on the face ofthe title'

of which I am the registered owner in fee simple! my title thereto )eing evidenced )y*ransfer %or #riginal' Certificate of *itle -o" ! issued )y the /egister of 3eeds of ,a;atiCity"

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

I- +I*-E +7E/E#.! I have signed this deed this thday of uly! 200 at ,a;atiCity"

,$ D$ ,$-4endor

[*ote: if vendor is $arried- $arital consent $ust %e secured! thus- the Deed $ust alsoindicate this( If vendor is $arried- then add the folloin#:]

;ith $y consent:

AA ;A


70/77

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


3EE3 #. $B#LU*E $LE

:-#+ $LL ,E- BD *7EE P/EE-*

I! ,$ D$ ,$-! .ilipino! single! and resident of ! for and inconsideration of the amount of ! paid to me today )y ,$ 5U L$-5! .ilipino! singleand resident of do here)y ELL! */$-.E/ and C#-4ED a)solutelyand unconditionally unto said ,$ 5U L$-5 that certain parcel%s' of land! together with the)uildings and improvements thereon situated in the City of ,a;ati! and more particularlydescri)ed as follows

%3escription state the nature of each piece of land and its improvements!situations and )oundaries! area in s8uare meters! whether or not the)oundaries are visi)le on the land )y means of monuments or otherwiseF andif they are! what they consist of! the permanent improvements! if any! thepage num)er of the assessment of each property for current year or yearswhen registration is made! the assessed value of the property for the year'

It is here)y declared that the )oundaries of the foregoing land are visi)le )y meansof F that the permanent improvements existing thereon consist of %ifnone! state so'F that the land is assessed for the current year at P as per *ax3eclaration -o" ! and the )uildings andor improvements ! at P as per

*ax 3eclaration -o" ! of the City $ssessor of ,a;ati"

*he a)ove descri)ed real estate! not having )een registered under $ct -o" 9@> norunder the panish ,ortgage Law! the parties hereto have agreed to register this instrumentunder the provisions of ec" 1@9 of the /evised $dministrative Code! as amended"


,$ D$ ,$-4endor


;ith $y consent:

AA ;A


71/77

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


3EE3 #. $LE +I*7 P$C*# 3E /E*/#

*his 3eed of ale with Pacto de /etro made and executed )y and )etween

,$ D$ ,$-! .ilipino! of legal age! married to $$ +$! withresidence at %4E-3#/'!

& and &

,$ 5U L$-5! .ilipino! of legal age! married to B$ *$P$! withresidence at %4E-3EE'F

+I*-EE*7 *hatT

*he 4E-3#/ 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 follows

%Copy technical description in *C*#C*'

his title thereto shown )y *ransfer %or #riginal' Certificate of *itle -o" issued )y the/egister of 3eeds of ,a;atiF

*he 4E-3#/! for and in consideration of the amount of Pesos%P'! to him paid )y 4E-3EE and receipt of which is ac;nowledged! does here)y ELL!

*/$-.E/ and C#-4ED under pacto de retro unto the said 4E-3EE! his heirs and assigns!the property with all the )uildings and improvements thereon! free from all liens andencum)rances whatsoeverF

*he 4E-3#/! in executing this conveyance! here)y reserves the right to/EPU/C7$E! and the 4E-3EE! in accepting the same! here)y o)ligates himself to /EELLthe property herein conveyed within a period of years from date of this deed for thesame price of %P'F Provided! however! that if the 4E-3#/ 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 3eed of $)soluteale! su)=ect to the re8uirements of law regarding consolidation of ownership of realproperty"


,$ D$ ,$- ,$ 5U L$-54endor 4endee

;ith $y $arital consent: ;ith $y $arital consent:AA ;A "A 'A>A

I5-E3 I- *7E P/EE-CE #.

%gd"' ,I/#- 1

%gd"' ,I/#- 2

!L-S $c;nowledgment

>


72/77

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


3EE3 #. /E$LE

:-#+ $LL ,E- BD *7EE P/EE-*

I! ,$ 5U L$-5! .ilipino! married! of legal age! and resident of ! for andin consideration of Pesos %P'! to me paid )y ,$ D$ ,$-! .ilipino! of legalage! married and resident of ! do here)y /EELL! /E*/$-.E/ and/EC#-4ED unto said ,$ D$ ,$- that certain parcel of land! with all the )uildings andimprovements thereon! situated at ,a;ati City! and more particularly descri)ed! as follows

%Copy technical description in title'

covered )y *ransfer %or #riginal' Certificate of *itle -o" of the /egistry of 3eeds of,a;ati! and which property was previously sold to under pacto de retro )y the said ,$ D$,$- on ! executed )efore -otary Pu)lic and )earing -otarial/egistration -o" ! Page -o" ! Boo; -o" and eries of 20 of his -otarial /egister!a copy of which is attached as $--E $"

I- +I*-E +7E/E#.! I have signed this deed this thof uly! 200 at ,a;ati City"

,$ 5U L$-54endor


;ith $y consent:

"A 'A>A


73/77

. *eed o, Sa'e with #ortae


3EE3 #. $LE +I*7 ,#/*5$5E

*his 3eed of ale with Pacto de /etro made and executed )y and )etween

,$ D$ ,$-! .ilipino! of legal age! married to $$ +$! withresidence at %4E-3#/&,#/*5$5EE'!

& and &

,$ 5U L$-5! .ilipino! of legal age! married to B$ *$P$! withresidence at %4E-3EE&,#/*5$5#/'F

+I*-EE*7 *hatT

*he 4E-3#/&,#/*5$5EE 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 follows

%Copy technical description in *C*#C*'

his title thereto shown )y *ransfer %or #riginal' Certificate of *itle -o" issued )y the/egister of 3eeds of ,a;atiF

*he 4E-3#/! for and in consideration of the amount of Pesos%P'! to him paid )y 4E-3EE and receipt of which is ac;nowledged! does here)y ELL!

*/$-.E/ and C#-4ED unto the said 4E-3EE! his heirs and assigns! the property with allthe )uildings and improvements thereon! free from all liens and encum)rances whatsoeverF

It is here)y agreed and stipulated that the U-P$I3 B$L$-CE #. Pesos%P'! of which amount Pesos %P' shall )e paid )y the4E-3EE&,#/*5$5#/ to the 4E-3#/&,#/*5$5EE at the latter(s residence! as follows

%tate manner of payment'

In order to guarantee the fulfillment of the a)ove o)ligations! the4E-3EE&,#/*5$5#/ does here)y ,#/*5$5E unto the said 4E-3#/&,#/*5$5EE! hisheirs and assigns! the property descri)ed! together with all the )uildings and improvementsthereon! under the express stipulation that if the said 4E-3EE&,#/*5$5#/ shall pay orcause to )e paid unto the 4E-3#/&,#/*5$5EE the o)ligations! then this ,ortgage shall )eof no further force and effectF otherwise! the same shall remain in full force and effect andshall )e enforcea)le in the manner prescri)ed )y law"


,$ D$ ,$- ,$ 5U L$-54endor 4endee

;ith $y consent: ;ith $y cons

Documents

Teddy Te's Forms Book