UP Law - Te Reviewer Legal Forms

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 Bar Examination Candidates for 2007, the Law Interns of U.P. Office of Legal Aid (UP-OLA), and the students in the authors classes.

Any other use, without permission of the author, is prohibited and all legal rights are reserved.

1 These forms were first published in 1998 for use in the UP Law Bar Ops for that year. 2 Assistant Professor and Director, University of the Philippines Office of Legal Aid; Ll.B., U.P. (1990); Grateful acknowledgement is given to Feliz Marie M. Guerrero, Ll.B. U.P. (2008, expected) for invaluable assistance in re-formatting, proofreading and updating of legal references.

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TABLE OF CONTENTS Table of Contents ii On Writing, Legally v I. COMMON FORMS

A. Caption and Title 1 B. Prayer 1 C. Jurat 1 D. Verification 2 E. Certification against Forum Shopping 2 F. Combined Verification and Certification against Forum Shopping 2 G. Combined Verification, Certification against Forum Shopping, and Statement

of Material Dates 3 H. Request for and Notice of Hearing 3 I. Proof of Personal Service 3 J. Proof of service by registered mail (with Explanation for failure to serve

personally) 4 K. Place, date, signature, address, Roll number, IBP receipt number, PTR

number 4 L. Acknowledgement 5 M. Notice of Appeal 5

II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE

A. Complaint (and other initiatory pleadings) 1. Complaint for ejectment with damages 6 2. Complaint for sum of money 7 3. Complaint for Replevin 8 4. Complaint to set period of years for lease 9

B. Answer with affirmative defenses and counterclaims 1. Answer with compulsory counterclaim 10 2. Answer with counterclaim and cross-claim 12

C. Pre-trial Brief 13 D. Motions

1. Motion to Dismiss (with Request for and Notice of Hearing) 15 2. Motion for leave of court to file pleading (with explanation for service by

registered mail) 16 3. Motion for Judgment on the Pleadings 17 4. Ex parte motion to set for trial 18 5. Motion for postponement 19 6. Motion for extension of time 20 7. Motion to declare defendant in default 21 8. Motion to lift order in default 22

E. Special Civil Actions 1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus

a. Certiorari 23

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b. Prohibition 24 c. Mandamus 25

2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief a. Complaint in Interpleader 26 b. Action to Quiet (or Remove Cloud on) Title 27 c. Action for Declaratory Relief 28 d. Quo Warranto 29

III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE

A. Complaint-Affidavit and Counter-Affidavit 1. Complaint-Affidavit 30 2. Counter-Affidavit 31

B. Information and Complaint 1. Information (with Certificate of Preliminary Investigation or Inquest)

a. Bigamy 33 b. Theft 34 c. Attempted Rape 35 d. Frustrated Murder 36

C. Motions 1. Motion to Quash Information 37 2. Motion to Quash Search Warrant 38 3. Motion to Suppress Evidence 39 4. Motion for Bail 40

D. Application for Bail 41 IV. PLEADINGS AND OTHER LEGAL DOCUMENTS COMMON TO CIVIL AND CRIMINAL

PROCEDURE A. Offer of Evidence and Opposition/Comment to Offer

1. Formal Offer of Evidence 42 2. Comment/Opposition to Offer 43

B. Demurrer to the Evidence 1. Criminal cases 44 2. Civil cases 45

C. Notice of Lis Pendens 46 D. Appearance as Counsel 47 E. Withdrawal as Counsel

1. Withdrawal with conformity of client 48 2. Withdrawal without conformity of client 48

F. Substitution of Counsel 49 G. Notice of Appeal 49

V. PLEADINGS AND LEGAL DOCUMENTS ON DOMESTIC CASES AND SPECIAL

PROCEEDINGS A. Petition for Habeas Corpus 50 B. Petition for Adoption 51 C. Petition for Declaration of Nullity of Marriage with Application for Provisional 52

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Orders D. Petition for Probate of Holographic Will 54

VI. DEEDS, CONTRACTS AND OTHER CORPORATE LEGAL DOCUMENTS

A. Special Power of Attorney 55 B. General Power of Attorney 55 C. Contract of Lease 56 D. Holographic Will 57 E. Notarial Will 57 F. Attestation Clause for a Notarial Will 58 G. Acknowledgement of a Notarial Will 58 H. Donation Inter Vivos 59 I. Acknowledgment of Nominee Status with Assignment of Shares 60 J. Secretarys Certificate 61 K. Board Resolutions

1. Authority to Act 61 2. Increase in number of directors and necessary amendment to the Articles

of Incorporation 61 L. Deed of Assignment 62 M. Deed of Sale of Registered Land (unilateral) 63 N. Deed of Sale of Unregistered Land (unilateral) 64 O. Deed of Sale with Pacto de Retro (bilateral) 65 P. Deed of Repurchase of land sold under Pacto de Retro 66 Q. Deed of Sale with Mortgage 67 R. Dacion en Pago (Deed of Assignment of Real Estate in payment of debt) 68 S. Chattel Mortgage 69

VII. APPEALS AND OTHER RESORTS TO APPELLATE COURTS IN CRIMINAL AND CIVIL

PROCEDURE A. Ordinary Appeals

1. in civil cases 70 a. from MTC (in original jurisdiction) to RTC (in appellate jurisdiction) 70 b. from RTC (in original jurisdiction) to CA 70

2. in criminal cases a. from MTC (as trial court) to RTC (in appellate jurisdiction) 70 b. from RTC (as trial court) to CA 70 c. from RTC (as trial court) to SC 70

B. Petitions for Review 1. from RTC (as appellate court) or from quasi-judicial agencies to CA 71 2. from RTC (on pure questions of law) or CA (in appellate jurisdiction) to SC 71

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ON WRITING, LEGALLY

Therefore, its name was called Babel, because there the Lord confused the language of all the earth. Genesis, 11:9, ESV

If brevity is the soul of wit, what now is to become of lawyers (and law students) who would nonchalantly write a 100-page document and dare call it a Brief?

The traditional notion of legal writing is that it is a competition to put together as many

four to five-syllable words in a one-paragraph sentence. The language of the law mystifies and with this comes the power of the lawyer. The more obscure and obtuse the language, the greater the need for a lawyer.

History has given us many language handicaps and obstacles to clarity and precision.

Throughout four years of law school, the law student, who eventually becomes a lawyer, is trained to think in archaic words and phraseslegalesewhich appear to have legal significance but is actually too imprecise to help anyone understand what is going on. And to add to the babelish situation, there are hundreds of words in a dead languageLatinthat have little relevance to the contemporary world.

There is a sea change, however, going on in legal writing. More and more, pleaders are

asked to be clear and concise, precise not pedantic. Why waste five words when three will do?3 But change, as always, is difficult and painful. Yet, it is an essential response to todays evolving legal profession. Indeed, when the most common means now of communicating is text, with its own subculture and lingo, there must be a re-examination of the archaic manner by which legal writing presents itself.

What this short introduction to the accompanying handbook of Pleadings, Petitions,

Motions and Other Legal and Judicial Forms seeks to do is to put forth the need to write clearly and concisely, precisely but not pedantically.

When a judges attention span is short and his backlog of reading is long, the need to

write concisely, clearly, precisely but not pedantically becomes absolutely clear. Writing concisely and not pedantically, however, does not mean that the legal writer

ought to cut corners when it comes to substance as well as form; the only thing that that guarantees is a baleful stare and a rude dismissal from the judge. Not only must the writer know the arguments and the bases for his arguments, but she must also realize that these arguments need to be presented in a manner that is technically sufficient.

3 My favorite, and many of my students will attest to this, is the absolutely archaic Comes Now, the Plaintiff, by the undersigned counsel, unto this Honorable Court, respectfully states that as part of every pleading. Why waste 15 words, when 6 will do, thus: Plaintiff, by counsel, respectfully states that. The latter loses none of the legal gravitas but loses every bit of the archaic pretense that mystifies the law and perpetuates the notion that laywers know what they are doing each and every time.

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It is hoped that the forms presented here, with checklists4 of legal requirements and short annotations, will provide the impetus for demystifying legal writing and legal drafting. These forms come from actual forms used in the authors practice, some from worthy opponents and still some from traditional form books, with updates to fit the current state of the Rules.

While this handbook was produced, primarily, with the bar examinees and the law intern

or law student in mind, it is hoped that it might prove helpful as well when September ends5 and life, as a lawyer, begins in earnest.

Theodore O. Te Room 105, Malcolm Hall

University of the Philippines August 2007

4 Acknowledgment is given to Atty. Alex M. Enriquez, (Ll.B., UP, 1990) for the original template of the Checklists, which have been updated to suit current practice. 5 Vide Green Day, Wake Me Up When September Ends, which has become an unofficial anthem for bar examinees in the Philippines.

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I. COMMON FORMS A. Caption and Title

Republic of the Philippines

National Capital Judicial Region REGIONAL TRIAL COURT

Branch 1, Manila ____________________, Plaintiff, -versus- Civil Case No._______________ For _______________________ ______________________, Defendant. x - - - - - - - - - - - - - - - - - - x

B. Prayer

PRAYER

WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages, Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary damages, and Fifty Thousand Pesos (Php.50,000) for attorneys fees.

Other just and equitable reliefs are also prayed for.

C. Jurat

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of _________________, affiant exhibiting before me his community tax certificate no. _______________ issued on __________________ at _____________________.

(Sgd.) N. O. TARIO Notary Public

Until __________________ PTR No. _______________ Issued at ______________ On ___________________

Doc. No. Page No. Book No. Series of 2007.

Feliz Guerrero 8/12/07 2:11 PMComment [1]: The CAPTION is that part of the pleading, which sets forth: 1. the name of the court 2. the title of the action 3. the docket number, if assigned (Sec. 1, par. 1, Rule 7, ROC).

Feliz Guerrero 8/12/07 2:11 PMComment [2]: The TITLE indicates the names of the parties, who shall be named in the original complaint or petition. However, in subsequent pleadings, it shall be sufficient if the name of the 1st party on each side be stated with an appropriate indication when there are other parties. Their respective participation in the case shall be indicated (Sec. 1, par. 2 &3, Rule 7, ROC).

Feliz Guerrero 8/12/07 2:11 PMComment [3]: The JURAT accompanies any notarized document that is declaratory in nature, as opposed to a notarized document that transmits rights or property, which must be accompanied by an ACKNOWLEDGMENT. Note that if the document is subscribed before a public officer duly authorized to take oaths, then there is no need for the affiant to produce a CTC nor for the entry into a Notarial Register; thus, the italicized portion of the JURAT is dispensed with but not the oath itself.

Feliz Guerrero 8/12/07 2:11 PMComment [4]: JURAT refers to an act in which an individual, on a single occasion: 1. appears in person before a notary public (NP) and presents an instrument or document 2. is personally known to the NP or identified by the NP through competent evidence of identity as defined by these Rules 3. signs the instrument or document in the presence of the NP 4. takes an oath or affirmation before the NP as to such instrument or document (Sec. 5, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC effective August 1, 2004).

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D. Verification

VERIFICATION Republic of the Philippines ) City of _______________ ) s.s.

C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that: 1. He is the plaintiff in the pleading/document entitled (pleading/document being verified) 2. He has caused its preparation 3. He has read it and the allegations therein are true and correct of his own knowledge or

based on authentic records.

(Sgd.) C.K. HILFIGER PLUS: Jurat NOTE: Pleadings required to be verified

1. All pleadings under the Rules of Summary Procedure 2. Complaints for

a. Forcible entry b. Unlawful detainer c. Replevin

3. Complaints with application for injunction or attachment 4. Answer to complaint or counterclaim based on actionable documents 5. Petitions for

a. Certiorari b. Prohibition c. Mandamus d. Habeas Corpus e. Change of Name

E. Certification against Forum Shopping

CERTIFICATION AGAINST FORUM SHOPPING Republic of the Philippines ) City of _______________ ) s.s.

C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that: 1. He is the plaintiff in the case entitled (title of the case); 2. He certifies that he has not commenced any action or filed any claim involving the same

issues before any other court, tribunal or quasi-judicial agency; 3. To the best of his knowledge, there is no such pending action or claim; 4. If he should learn that a similar action or claim has been filed or is pending he shall report

such fact within five (5) days from the discovery to this Honorable Court.

(Sgd.) C.K. HILFIGER PLUS: Jurat

F. Combined Verification and Certification against Forum Shopping

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________.


Feliz Guerrero 8/12/07 2:11 PMComment [5]: A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records (Sec. 4, par. 2, Rule 7, ROC). Under Sec. 4, par.3, Rule 7, a verification based on information and belief or upon knowledge, information and belief is considered defective and the pleading unverified/unsigned.

Feliz Guerrero 8/12/07 2:12 PMComment [6]: 1994 and 2004 Bar Exams

Feliz Guerrero 8/12/07 2:12 PMComment [7]: Under Rule 7, Sec. 5, the plaintiff or principal party must certify under oath in the complaint, initiatory pleading, or sworn certification that: 1.he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending there 2. if there is such other pending action or claim, a complete statement of its present status, and 3. if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days to the court where his complaint or pleading was filed. Failure to comply with this reqt is not curable by mere amendment but shall be cause for dismissal w/o prejudice, UNLESS otherwise provided, upon motion and after hearing. Submission of a false certification or non-compliance with its undertakings shall constitute indirect contempt of court, w/o prejudice to corresponding admin and crim actions.

Feliz Guerrero 8/12/07 2:12 PMComment [8]: 2004 Bar Exams

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G. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of the Court on 13 April 2007; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________.


H. Request for and Notice of hearing

REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Quezon City, Branch 39 Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 13 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the morning.

(Sgd.) MITCH MCDEERE Counsel for Defendant

2 The Firm Laguna Street, Quezon City

I. Proof of personal service Copy furnished through personal service: Atty. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street, Quezon City

Feliz Guerrero 8/12/07 2:12 PMComment [9]: NOTE: The Notice of Hearing is actually both a REQUEST and a NOTICE; a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific date and a NOTICE to opposing counsel of the hearing date requested. In non-litigious motions or ex parte motions, it is sufficient that the request not contain a date, and for that purpose, the underlined portion in the Request may be omitted with the Notice to opposing counsel simply stating that counsel will submit the motion to the court for approval immediately upon receipt.

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J. Proof of service by registered mail (with Explanation for failure to serve personally)

Copy furnished through registered mail: Atty. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street, Quezon City Registry Receipt No. ________ Post Office ________________ Date _____________________

EXPLANATION The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not being filed on time to the detriment of petitioner.

(Sgd.) ATTICUS FINCH Republic of the Philippines ) City of _______________ ) s.s.

AFFIDAVIT

I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________, after being duly sworn, deposes and states:

That on ______________________, I served a copy of the following pleadings/papers by

registered mail in accordance with Section 10, Rule 13 of the Rules of Court:

Nature of Pleading/Paper ________________________ ________________________

in Case No. _________________ entitled ____________________ by depositing a copy in the post office in a sealed envelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with instructions to the post master to return the mail to sender after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of

Manila, Philippines.

(Sgd.) HARPER LEE Affiant

PLUS: Jurat

K. Place, date, signature, address, Roll number, IBP receipt number, PTR number

City of Manila, 13 April 2007.

Atty. Mitch McDeere Counsel for the Defendant 2 The Firm, Laguna Street, Quezon City, Metro Manila Roll No. IBP OR No., date and place of issue PTR OR No., date and place of issue

Feliz Guerrero 8/12/07 2:12 PMComment [10]: The requirement is for a written explanation if service is done by registered mail instead of by personal service; the explanation need not be verified, it being required only that it is signed. However, in the Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation and the Affidavit of Service. Cf. Rule 13, sections 11 and 13.

Feliz Guerrero 8/12/07 2:13 PMComment [11]: As per SC En Banc Resolution on Bar Matter No. 1132 dated Nov. 12, 2002, all pleadings must indicate the ff: 1. Roll of Attorneys number of counsel 2. Current Professional Tax Receipt number (PTR No.) 3. IBP Official Receipt or Life Member number

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L. Acknowledgment Republic of the Philippines ) City of Manila ) s.s. BEFORE ME, this 13th day of April, 2007 in the City of Manila, Philippines, personally appeared ATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07-007777) issued by the [official agency] (Land Transportation Office) on 10 January 2007, known to me to be the same person who executed the foregoing instrument, and who acknowledged to me that the same is his free act and deed. IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place written.

(Sgd.) N. O. TARIO Notary Public

Until __________________ PTR No. _______________ Issued at ______________ On ___________________

Doc. No. Page No. Book No. Series of 2007 NOTE: If the instrument consists of 2 or more pages, include the following after the 1st paragraph: This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed with my Notarial seal. NOTE: If the instrument conveys 2 or more parcels of land, include the following after the 1st paragraph: This instrument relates to the sale (or mortgage) of ___ parcels of land, and consists of ___ pages including the page on which this acknowledgment is written, each and every page of which, on the left margin, having been signed by ______________ and his witnesses (if any), and sealed with my Notarial seal.

M. Notice of Appeal

NOTICE OF APPEAL Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated 13 April 2007, a copy of which he received on 26 April 2007. Quezon City, 2 May 2007.



Feliz Guerrero 8/12/07 2:13 PMComment [12]: 1976, 1994 and 2004 Bar Exams

Feliz Guerrero 8/12/07 2:13 PMComment [13]: The Notary Publics seal must be impressed on every page of the document notarized.

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II. PLEADINGS AND OTHER LEGAL DOCUMENTS IN CIVIL PROCEDURE A. Complaint (and other initiatory pleadings)

1. Complaint for ejectment with damages

[1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT

Quezon City, Branch 33

ALIS DI-YAN COMPANY, Plaintiff, Civil Case No. 2222 - versus - For: Ejectment YOKO NGA, Defendant. x ----------------------------------- x

COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons and other pertinent processes. [3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX A. 3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as ANNEX B. [4] 4. Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C. 5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs business expansion plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of US$500 per month. Defendants continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorneys fees. Other just and equitable reliefs are also prayed for. [6] Quezon City; 13 April 2007.

[7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff

[Address] PLUS:

1. [8] Verification and Certification against Forum Shopping 2. Jurat

Feliz Guerrero 8/12/07 2:14 PMComment [14]: Checklist: 1. Caption and Title 2. Parties/Capacity of Parties 3. Material Allegations of Ultimate Facts 4. Statement of Cause(s) of Action 5. Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel 8. Verification and Certification Against Forum Shopping

Feliz Guerrero 8/12/07 2:14 PMComment [15]: 1976, 1982, 1985, 1988, 1993, 1994, 1996, 1997 and 2000 Bar Question

Feliz Guerrero 8/12/07 2:14 PMComment [16]: This particular allegation may actually be unnecessary considering the facts given and that the plaintiff is a juridical person. It is included in this complaint simply for educational purposes as a representative allegation of this fact.

Feliz Guerrero 8/12/07 2:14 PMComment [17]: A new requirement specifically provided under Rule 7, section 2(d).

Feliz Guerrero 8/12/07 2:14 PMComment [18]: Significant amendment introduced by 1997 Rules on Civil Procedure; cf. Rule 7, section 3.

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2. Complaint for sum of money

[1] Republic of the Philippines National Capital Judicial Region

REGIONAL TRIAL COURT Branch 101, Makati City

ESTA PADORA, Plaintiff, Civil Case No. 000882 - versus - For: Sum of Money MANGGA GANTSO, Defendant. x -------------------------- x

COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes Park, Makati City; defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati City, where he may be served with summons and other processes. [3] 2. Sometime in January 2005 and over a period of six (6) months, defendant borrowed certain amounts from plaintiff. Defendant promised to pay these amounts on an installment basis monthly. These amounts now total Nine Hundred Thousand Pesos (P900,000.00). [4] 3. Despite repeated demands, both oral and written, defendant failed or has refused to pay any amount to plaintiff as no installment payment has even been made. A copy each of plaintiffs two (2) demand letters is attached as ANNEX A and B. 4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear, despite notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as ANNEX C, was issued by the Barangay Chairman. 5. Defendants obligation is due and demandable and plaintiff is entitled to the payment of the entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest. 6. By reason of defendants unreasonable failure or refusal to pay his due and demandable obligation, plaintiff was forced to engage the services of counsel to vindicate his rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as Attorneys Fees. Other just and equitable reliefs are also prayed for. [6] Quezon City for Makati; 13 April 2007.


[Address] PLUS: [8] Verification and Certification against Forum Shopping

Feliz Guerrero 8/12/07 2:14 PMComment [19]: 1978 Bar Question


Feliz Guerrero 8/12/07 2:15 PMComment [21]: Please note that this portion is indispensable to the filing of a Complaint as it is required that every Complaint state in the body as well as in the prayer the amount of damages sought. This is jurisdictional and a complaint that fails to comply with this requirement is fatally defective.

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3. Complaint for Replevin


REGIONAL TRIAL COURT Branch 101, Makati City

HURTS RENT-A-CAR, represented by AKIN NAYAN, Plaintiff, Civil Case No. 000088

- versus - YOKO NGA, Defendant. x----------------------------------- x

COMPLAINT Plaintiff, by counsel, respectfully states that: [2] 1. Plaintiff is the general manager of Hurts Rent-A-Car with offices at Makati City; defendant is a Tongan, temporarily residing at Bayview Hotel, Roxas Boulevard, Manila. [3] 2. Hurts Rent-A-Car is the registered owner of a Honda CRV with license plate number XLV-675, which defendant, on 3 March 2005, rented from plaintiff for a period of one (1) week. [4] 3. On 15 March 2005, plaintiff demanded from defendant the return of the car but defendant failed and refused to do so. 4. The car has not been taken for a tax assessment or a fine pursuant to law nor has it been seized on execution or attachment. Its present value is approximately Nine Hundred Thousand Pesos (P900,000.00). 5. Plaintiff is ready, willing and able to give bond in defendants name in double the value of the property for the return of the property to defendant should that be adjudged or for the payment of such sum that defendant may recover from plaintiff in this action. [5] WHEREFORE, plaintiff respectfully prays that the writ of replevin issue directing the Sheriff or any other authorized officer to take possession of the car and dispose of it in accordance with the Rules of Court and, after hearing, judgment be rendered declaring plaintiff to be lawfully entitled to the possession of the car and sentencing defendant to pay its value. [6] Quezon City for Makati City; 13 April 2007.

[7] (Sgd.) MITCH MCDEERE Counsel for the Plaintiff




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4. Complaint to set period of years for lease


REGIONAL TRIAL COURT Branch 161, Pasig City

NANG UUPA, Plaintiff, Civil Case No. 00111

- versus - NAGPA PAUPA, Defendant. x ---------------------- x

COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 1. Plaintiff and Defendant are both Filipino citizens and of legal age; plaintiff resides at 1-A, Cruz Street, Pasig City while defendant resides at 2 Frisco Street, Pasig City, where he may be served with summons. [3] 2. On 1 January 2003, defendant leased to plaintiff the premises at 1-A Cruz Street, Pasig City for a monthly rental of One Thousand Pesos (P1,000.00) to be paid within the first five (5) days of each month. 3. There is no fixed period for the lease agreement except that rentals are to be paid by the month. [4] 4. Plaintiff has been paying the rentals as they fall due each month, without fail. However, on 4 April 2006, defendant gave notice to plaintiff that he is terminating the lease agreement by the end of August 2006. 5. Considering that the period of lease has not been fixed, this Honorable Court may fix a longer period of time as the lessee has been occupying the place for a period of three (3) years. A period of two (2) years is reasonable considering that the lessee has no place to transfer to immediately and that he has introduced substantial improvements to the premises amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, it is respectfully prayed that this Honorable Court fix a period of years for the lease between plaintiff and defendant. [6] Quezon City for Pasig City; 13 April 2007.




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B. Answer with affirmative defense and counterclaim 1. Answer with compulsory counterclaim

[1] Regional Trial Court

National Capital Judicial Region METROPOLITAN TRIAL COURT

Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, Civil Case No. 2222

- versus - For : Ejectment

YOKO NGA, Defendant. x ----------------------------------- x

ANSWER (With COUNTERCLAIM)

DEFENDANT, by counsel, respectfully states that:

Admissions/Denials [2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically denies the contents insofar as plaintiffs personal circumstances for the reason stated in the Affirmative Defenses below. 2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses below. 3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable belief as to its truth or falseness.. 4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below.

Affirmative Defenses [4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because:

5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license.

5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of which is attached as ANNEX 1.

Counterclaim

[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to relief arising from the filing of this malicious and baseless suit, as follows:

6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name and reputation were besmirched by this malicious and baseless suit.

6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was compelled to secure services of counsel to vindicate his legal rights.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees. Other just and equitable reliefs are prayed for.

Feliz Guerrero 8/12/07 3:04 PMComment [25]: Checklist: 1. Caption 2. Denials/Admission 3. Statement of Affirmative Allegations 4. Statement of Affirmative/Negative Defenses 5. Counterclaim 6. Prayer/Relief 7. Date/Place of Execution 8. Signature of Counsel 9. Verification 10. Certification against Forum Shopping 11. Proof of Service

Feliz Guerrero 8/12/07 2:15 PMComment [26]: 1976 and 1983 Bar Exams

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[7] Quezon City; 13 April 2007.

[8] (Sgd.) MITCH MCDEERE Counsel for Defendant

[Address]

[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007.

(Sgd.) YOKO NGA PLUS:

1. Jurat (IF any document is denied) 2. [11] Proof of Service (personal service or service by registered mail)

Feliz Guerrero 8/12/07 2:15 PMComment [27]: Rule 7, section 5 requires that any initiatory pleading, among which is a counterclaim, must be accompanied by a Certification against Forum Shopping. Also please note that an Answer need not be verified BUT if there is a specific denial of an actionable document, such as that contained here, then the Answer must be verified. See again Rule 8, secs. 7 (definition of actionable document), 8 (how to contest such documents), 10 (requirements of a specific denial), 11 (effects of failure to specifically deny).

Feliz Guerrero 8/12/07 2:15 PMComment [28]: Representative specific denial under oath, as required by the Rules, in relation to any actionable document.

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2. Answer with counterclaim and cross-claim See Form No. B-1, supra, but add--

[5] Crossclaim 7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchase price, from defendant. [6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by

1. dismissing the Complaint, and 2. granting defendants counterclaim by awarding defendant

a. One Million Pesos (Php.1,000,000) as Moral Damages, and b. Fifty Thousand Pesos (Php.50,000) as Attorneys Fees.

3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim.

[7] Quezon City; __________________.

[8] (Sgd.) MITCH MCDEERE Counsel for Defendant

[Address] PLUS:

1. [9 & 10] Verification and Certification against Forum Shopping 2. Jurat (IF document is denied) 3. [11] Proof of Service (personal service or service by registered mail)

Feliz Guerrero 8/12/07 3:04 PMComment [29]: Checklist: 1. Caption 2. Denials/Admission 3. Statement of Affirmative Allegations 4. Statement of Affirmative/Negative Defenses 5. Cross-claim 6. Prayer/Relief 7. Date/Place of Execution 8. Signature of Counsel 9. Verification 10. Certification against Forum Shopping 11. Proof of Service

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C. Pre-trial Brief

Republic of the Philippines National Capital Judicial Region

REGIONAL TRIAL COURT Branch 90, Quezon City

LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312

- versus - LAKISA HIRAP, Defendant. x ------------------------------------- x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff, defendant is open to the possibility of amicably settling this dispute. [1 & 2] 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that the desired terms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989. 2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action because of :

2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the real party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure;

2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture.

2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES [3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter. 3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint.

IV. ISSUES TO BE TRIED [4] 4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof:

4.1.1. Plaintiffs personality to seek legal relief; 4.1.2. Plaintiffs entitlement to the amount claimed;

4.2. Defendant submits that the following issues she put forward are subject to proof:

4.2.1. Plaintiffs bad faith in filing this suit;

Feliz Guerrero 8/12/07 2:15 PMComment [30]: Rule 18, section 6. Checklist: 1. Proposed terms for amicable settlement 2. Alternative modes of dispute resolution 3. Summary of admitted facts 4. Proposed stipulation of facts and issues 5. Documents to be presented 6. Names of witnesses and substance of their testimony 7. Resort to discovery 8. Available trial dates

Feliz Guerrero 8/12/07 2:15 PMComment [31]: NOTE: There is no need to attach a Notice of Hearing for a Pre-Trial Brief. Also, pre-trial is now mandatory in criminal cases under Rule 118, 2000 Rules on Criminal Procedure as well as under RA 8493 (The Speedy Trial Act), although neither the law nor the Rules require the submission of a Pre-Trial Brief in criminal cases (in practice, courts also do not require the submission of a pre-trial brief in criminal cases). Consequently, the requirement of a pre-trial brief and the consequences for failure to submit one (e.g., non-suit or dismissal) appear to pertain exclusively to civil cases.

Feliz Guerrero 8/12/07 2:16 PMComment [32]: This is a new requirement imposed by the 1997 Rules on Civil Procedure.

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4.2.2. Defendants entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiffs bad faith;

V. EVIDENCE

[6] 5.1. Defendant intends to present the following witnesses:

5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of this suit against her;

5.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff.

[5] 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie plaintiffs witnesses, if necessary.

VI. RESORT TO DISCOVERY [7] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at this time. 6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the right to resort to discovery before trial. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007.


[Address] Copy furnished: Atty. MA BOLA Counsel for Plaintiff

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D. Motions 1. Motion to dismiss (with request for and notice of hearing)


National Capital Judicial Region METROPOLITAN TRIAL COURT

Branch 39, Quezon City LAKI ASSET COMPANY, Plaintiff, Civil Case No. 3333

- versus - For: Sum of Money

DAMI UTANG CORPORATION, Defendant. x --------------------------------------- x

MOTION TO DISMISS DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following: [2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said Marketing Agreement. 2. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein; the period of one (1) year has not expired. Consequently, plaintiffs claim is premature as there is yet no breach of the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiffs Complaint states no cause of action and must be dismissed. [3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. Other just and equitable reliefs are also prayed for. Quezon City; 13 April 2007.


[Address]

[4] REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Branch 39, Quezon City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning.



PLUS: [5] Proof of Service

Feliz Guerrero 8/12/07 3:06 PMComment [33]: Cf. Rule 15, 1997 Rules on Civil Procedure Checklist: 1. Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5. Proof of Service 6. Attachments (if any) 7. Verification (in certain cases)

Feliz Guerrero 8/12/07 2:16 PMComment [34]: 1988 and 2002 Bar Question

Feliz Guerrero 8/12/07 2:16 PMComment [35]: Rule 15, section 5; Cf. Rule 15, section 4 (on period of service)

Feliz Guerrero 8/12/07 2:16 PMComment [36]: Rule 15, section 6 in relation to Rule 13, section 13

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2. Motion for leave of court to file pleading (with explanation for service by registered mail)


SUPREME COURT Manila

LAKI UTANG, Petitioner, G.R. No. ________

- versus - DAMI LUPA, Respondent. x ------------------------- x

MOTION FOR LEAVE OF COURT TO FILE REPLY WITH

MOTION TO ADMIT ATTACHED REPLY PETITIONER, by counsel, respectfully states that: [1] 1. Petitioner received a copy of respondents Comment to his petition on 3 January 2006. The Comment contains several allegations of fact and misinterpretations of the record that may mislead the court and need to be corrected. For this reason, petitioner intends to file a Reply. [2] 2. Under existing rules, a Reply can no longer be filed as a matter of course. Consequently, petitioner seeks leave of this Court to file the said Reply, a copy of which, pursuant to the 1997 Rules on Civil Procedure, is attached to this motion. [3] WHEREFORE, petitioner respectfully prays that he be granted leave of court to file a Reply and for the Court to admit the attached Reply. Quezon City for Manila; 5 January 2007.

(Sgd.) ATTICUS FINCH Counsel for the Petitioner

[Address] PLUS:

1. [4] Request for and Notice of Hearing 2. [5] Explanation for service by registered mail

Feliz Guerrero 8/12/07 3:06 PMComment [37]: Cf. Rule 13, section 13 Checklist: 1. Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5. Proof of Service 6. Attachments (if any) 7. Verification (in certain cases)

Feliz Guerrero 8/12/07 2:16 PMComment [38]: In motions filed before the Supreme Court and the Court of Appeals, a Notice of Hearing is not required.

Feliz Guerrero 8/12/07 2:16 PMComment [39]: Under Rule 15, section 9, 1997 Rules on Civil Procedure, a motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted.

Feliz Guerrero 8/12/07 2:16 PMComment [40]: The requirement is for a written explanation if service is done by registered mail instead of by personal service; the explanation need not be verified, it being required only that it is signed. However, in the Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation and the Affidavit of Service. Cf. Rule 13, sections 11 and 13.

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3. Motion for judgment on the pleadings



LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus - For: Sum of Money LAKISA HIRAP, Defendant. x ------------------------- x

MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff, by counsel, respectfully states that: 1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos (P900,000.00). [1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the material allegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may be rendered. [3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor. Quezon City; 13 April 2007.

(Sgd.) ATTICUS FINCH Counsel for the Plaintiff

[Address] PLUS:

1. [4] Request for and Notice of Hearing 2. [5] Proof of Service


Feliz Guerrero 8/12/07 3:07 PMComment [42]: Checklist: 1. Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing 5. Proof of Service 6. Attachments (if any) 7. Verification (in certain cases)

Feliz Guerrero 8/12/07 2:17 PMComment [43]: NOTE: This is a litigious motion, i.e., it must be set for hearing. Thus, a specific hearing date must be requested and notice thereof given to adverse party through counsel.

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4. Ex parte motion to set for pre-trial



LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312

- versus - LAKISA HIRAP, Defendant. x ------------------------- x

EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF, by counsel, respectfully states that: [1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the issues to be joined. [2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial. [3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this Honorable Court. Quezon City; 13 April 2007.


[Address]

[4] REQUEST AND NOTICE THE BRANCH CLERK OF COURT Regional Trial Court Branch 39, Quezon City Please submit the foregoing to the Court for its approval immediately upon receipt hereof. Copy furnished: MITCH MCDEERE, ESQ. 2 The Firm Laguna Street, Quezon City

Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt.


PLUS: [5] Proof of Service

Feliz Guerrero 8/12/07 2:17 PMComment [44]: Under Rule 18, section 1 of the 1997 Rules on Civil Procedure, it is now mandatory on the part of the plaintiff to move ex parte for setting of pre-trial. Note that the motion is expressly denominated as ex parte, i.e., no need for hearing.


Feliz Guerrero 8/12/07 2:17 PMComment [46]: Note the difference between this Request and Notice and that contained in Form II-D1; this does not contain a date of hearing because under Rule 15, section 4, it is a motion which the Court may act upon without prejudicing the rights of the adverse party and moreover because Rule 18, section 1 expressly defines this to be an ex parte motion.

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5. Motion for postponement



DILA TORY, Plaintiff, Civil Case No. 008877

- versus - PASEN SYOSO, Defendant. x ------------------------- x

MOTION FOR POSTPONEMENT PLAINTIFF, by counsel, respectfully states that: 1. This case is set for trial on 5 May 2007 at 8:30 in the morning. [1] 2. On said date and time, the undersigned counsel will be unable to appear before this Honorable Court as he has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139 for People of the Philippines v. Bil Moko, Criminal Case No. 009988, where he is scheduled to terminate cross-examination of the prosecutions expert witness who will be available only on said date and time. [2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. 4. This motion is prompted only by the foregoing reason and not for delay.

[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to another date convenient to this Honorable Court. Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE Counsel for the Plaintiff

[Address]

PLUS: 1. [4] Request for and Notice of Hearing 2. [5] Proof of Service



Feliz Guerrero 8/12/07 2:17 PMComment [49]: In some instances, this motion is considered a non-litigious motion; thus, the request and notice need not specify a date of hearing and simply state that it is being submitted for approval immediately upon receipt. Although, the better practice would be to file such a motion early so as to be able to set it for hearing and approval by the court.

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6. Motion for extension of time



DILA TORY, Plaintiff, Civil Case No. 008877

- versus - PASEN SYOSO, Defendant. x ------------------------------------ x

MOTION FOR EXTENSION OF TIME PLAINTIFF, by counsel, respectfully states that: 1. He has been directed to file a Reply to defendants Answer by 10 May 2007. [1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due date because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply. 3. This motion is not intended for delay but is motivated only by the foregoing reason. [3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply. Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE Counsel for Plaintiff

[Address]



Feliz Guerrero 8/12/07 2:29 PMComment [51]: It is always preferable to not only state the number of additional days sought, but also the new deadline, so that it can be used as a personal reminder of the new deadline.

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7. Motion to declare defendant in default



ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909

- versus - PADME AMIDALA, Defendant. x ---------------------------------- x

MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20 March 2007, as indicated by the Sheriffs Return of even date, a copy of which is attached as ANNEX A. [1 & 2] 2. Defendants reglementary period to file Answer ended on 5 April 2007; no motion for extension of such period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. [3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner. Quezon City; 7 April 2007.

(Sgd.) DARTH SIDIOUS Counsel for Plaintiff

[Address]



Feliz Guerrero 8/12/07 2:17 PMComment [53]: NOTE: The defendant is entitled to be notified of this motion and the order declaring him/her in default; thereafter, defendant loses the right to receive any other notices except for judgment in default.

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8. Motion to lift order of default



ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909

- versus - PADME AMIDALA, Defendant. x ---------------------------------- x

MOTION TO LIFT ORDER OF DEFAULT DEFENDANT, by counsel, respectfully states that: 1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss on the ground that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under the new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiffs counsel on 25 March 2007, was set for hearing on 10 April 2007, as indicated on the Request for and Notice of Hearing. 2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared defendant in default on 7 April 2007 based solely on plaintiffs Motion, filed two (2) days after the supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to Dismiss. [1 & 2] 3. Under the circumstances, the order of default is premature and without legal and factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendants default. Consequently, the order of default should be lifted. [3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED and that this Honorable Court resolve her Motion to Dismiss. Quezon City; 8 April 2007.

(Sgd.) OBI WAN KENOBI Counsel for Defendant

[Address] PLUS:

1. [4] Request for and Notice of Hearing 2. [5] Proof of Service



Feliz Guerrero 8/12/07 2:31 PMComment [56]: While it is not required, it may, depending on the type of motion, be advisable to give a short summary of the material antecedents so that the arguments and the basis for relief is clear and placed in context.

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E. Special Civil Actions 1. Certiorari (with Injunction and/or TRO), Prohibition and Mandamus

a. Certiorari

(Caption and Title)

PETITION PETITIONER, by counsel, respectfully states that: [2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [3] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. [4] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents. Quezon City; [1] 7 July 2007.


[Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates * Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari, mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule 46, section 3 provides that the petition must be accompanied not only by a certified true copy of the judgment or order questioned but also by such material portions of the record as are referred to therein, and other documents, relevant or pertinent thereto.

Feliz Guerrero 8/12/07 3:12 PMComment [57]: Rule 65, 1997 Rules on Civil Procedure Checklist: 1. 60 days from notice of judgment or final order (cf. Rule 65, sec. 4) 2. Names of petitioner and respondent 3. Grounds relied upon 4. Prayer/Relief 5. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates 6. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition*

Feliz Guerrero 8/12/07 2:40 PMComment [58]: To the standard Verification and Certification Against Forum Shopping, ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court. (See Form I-G)

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b. Prohibition

(Caption and Title)

PETITION PETITIONER, by counsel, respectfully states that: [2] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [3] 3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. [4] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). Quezon City; [1] 7 July 2007.


[Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates


Feliz Guerrero 8/12/07 3:12 PMComment [60]: Checklist: 1. 60 days from notice of judgment or final order (cf. Rule 65, sec. 4) 2. Names of petitioner and respondent 3. Grounds relied upon 4. Prayer/Relief 5. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates 6. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition*

Feliz Guerrero 8/12/07 2:40 PMComment [61]: To the standard Verification and Certification Against Forum Shopping, ADD the date when the Decision or Judgment was received pursuant to the requirements under the Rules of Court. (See Form I-G)

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c. Mandamus

(Caption and title)

PETITION PETITIONER, by counsel, respectfully states that: [2] 1. (State the capacity of petitioner and respondent/s and their addresses.) [3] 2. (State the facts and circumstances whereby respondent/s unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled.) 3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. [4] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done), with costs against them. Quezon City; [1] 7 July 2007.


[Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates

Feliz Guerrero 8/12/07 3:12 PMComment [62]: Checklist: 1. 60 days from notice of judgment or final order (cf. Rule 65, sec. 4) 2. Names of petitioner and respondent 3. Grounds relied upon 4. Prayer/Relief 5. Combined Verification, Certification against Forum Shopping, and Statement of Material Dates 6. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition*

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2. Quo warranto, Interpleader, Quieting of Title, and Declaratory Relief a. Complaint in Interpleader

NALI LITO, Plaintiff, SCA No. ____________

- versus - UMA AGAW and INA AGAWAN, Defendants. x --------------------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while defendants reside at _______________ and _______________, respectively, where they may be served with pertinent notices. [2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. The watch is now in plaintiffs possession. On or about 5 June 1999, defendants made similar representations to plaintiff as to ownership of the watch. 3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves. [3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants to interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action. [4] Quezon City; 7 July 2007.



Feliz Guerrero 8/12/07 2:17 PMComment [63]: Rule 62 Checklist: 1. Parties - Petitioner, who must claim no interest or has an interest not disputed by claimants; and claimants over the same subject matter 2. Material Allegations of Ultimate Facts - facts showing conflicting claims made on the same subject matter over which petitioner claims no interest or an interest that is not disputed by claimants 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping


Feliz Guerrero 8/12/07 2:17 PMComment [65]: It is important to allege this because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in Interpleader which would be determined by the value of the property. In this way, plaintiff will not be unduly prejudiced by the costs of the suit.

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b. Action to Quiet (or Remove Cloud on) Title IN RE: QUIETING OF TITLE OVER THE PROPERTY COVERED BY TCT NO. 12345 SCA No. 1357 NALI LITO, as Special Administrator of the Estate of the deceased DAMI LUPA, Petitioner, UMA AGAW, Respondent. x ------------------------------------------------ x

PETITION PETITIONER, by counsel, respectfully states that: [1] 1. He is the special administrator of the estate of the deceased DAMI LUPA. [2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the respondent dated _____________, and particularly described, as follows:

(Describe property) covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the only encumbrance thereon. 3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copy of which is attached. 4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs. [3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estates favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed. [4] Quezon City; 7 July 2007.

[5] (Sgd.) MITCH MCDEERE Counsel for Petitioner


Feliz Guerrero 8/12/07 2:17 PMComment [66]: Rule 63, sec. 1, par. 2 Checklist: 1. Parties - Any person interested under a deed, will, contract or other writing, before breach thereof, and who stands to suffer injury by operation of the said deed, will, contract or other writing 2. Material Allegations of Ultimate Facts - facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument, quiet title (arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property under pacto de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

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c. Action for Declaratory Relief INA API, Plaintiff,

- versus - Civil Case No. 2468 THE CITY COUNCIL OF QUEZON CITY, Defendant. x --------------------------- x

COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices at Quezon City Hall. [2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of the Ordinance are, as follows:

(Quote the relevant portions) 3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to stop even urgent and important calls which may be made only while the person is in transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance. 4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to confiscation and a fine. [3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare plaintiffs rights and duties under the Ordinance. [4] Quezon City; 7 July 2007.



Feliz Guerrero 8/12/07 2:17 PMComment [67]: Rule 63, sec. 1, par. 1 Checklist: 1. Parties - Any person interested under a deed, will, contract or other writing, before breach thereof, and who stands to suffer injury by operation of the said deed, will, contract or other writing 2. Material Allegations of Ultimate Facts - facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument, quiet title (arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property under pacto de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

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d. Quo Warranto

(Caption and title)

COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. (State the capacity and address of both plaintiff and defendant.) [2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office.) 3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.) [3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he be placed forthwith in possession thereof. [4] Quezon City; 7 July 2007.

[5] (Sgd.) ATTICUS FINCH Counsel for the Plaintiff


Feliz Guerrero 8/12/07 2:17 PMComment [68]: Rule 66 Checklist 1. Parties - a. Solicitor General, when directed by President or motu propio; b. Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another against the alleged usurping public officer; 2. Material Allegations of Ultimate Facts - facts showing usurpation of office and facts showing entitlement of petitioner to the office 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping

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III. PLEADINGS AND OTHER LEGAL FORMS IN CRIMINAL PROCEDURE A. Complaint-Affidavit and Counter-Affidavit

1. Complaint-Affidavit Republic of the Philippines ) City of Makati ) s.s.

COMPLAINT-AFFIDAVIT [1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet Drive, Triple X Village, Makati, do hereby state under oath that: 1. I am a member of the Triple X Village Homeowners Association (Association) and was formerly a Director and Corporate Secretary of the Association. [3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange that transpired between Mr. Ingay and the other members of the Board in attendance:

(Quote Exchange) Attached as ANNEX A is a copy of the official transcript of the meeting. 3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract his remarks. Consequently, a Certification to File Action was issued by the Barangay Chairperson, a copy of which is attached as ANNEX B. 4. There is no other person named Ma Selan residing at Triple X Village nor is there any other person named Ma Selan who has acted as Board Member of the Association. Consequently, Mr. Ingays public and defamatory utterance was clearly a reference to me and to no other. 5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no doubt that Mr. Ingays use of the word swindled was deliberate as his explanation and clarification a few utterances thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners. 6. Mr. Ingays remarks have injured my name, reputation and character before my neighbors and peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetimes effort to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand Pesos (P500,000.00) in exemplary damages. TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007.

[4] (Sgd.) MA SELAN Complainant-Affiant

[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of April 2007.

(Sgd.) Investigating Prosecutor

[6] CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

(Sgd.) Investigating Prosecutor

Feliz Guerrero 8/12/07 2:18 PMComment [69]: Checklist: 1. Identity of affiant and other personal circumstances 2. Statement of venue 3. Factual allegations to show violation or defense 4. Signature of affiant 5. Verification 6. Certification as to Personal Examination of Affiant 7. Supporting Documents/Affidavits

Feliz Guerrero 8/13/07 10:22 AMComment [70]: Because an affidavit must be based on personal knowledge of the affiant, many times, legal answers cannot be included for fear that affiant does NOT have personal knowledge. Stating that affiant was assisted by counsel may remove that problem as all that affiant has to do is say I was advised by counsel that

Feliz Guerrero 8/12/07 2:18 PMComment [71]: Rule 112, sec. 3(a), 2000 Rules on Criminal Procedure. Note that this may be done before a prosecutor, or any government official authorized to administer an oath, or in their absence or unavailability, a Notary Public.

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2. Counter-Affidavit Republic of the Philippines ) City of Makati ) s.s.

COUNTER-AFFIDAVIT Re: I.S. No. 1613

[1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that: 1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office. [2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for Quezon City. 3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their activities financially with voluntary contributions. [3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANGs malicious lies, I set forth the true circumstances leading to the transaction below:

4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informed her that he was not around. I took a message from her saying that she was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy units from her. I informed her that both the Mayor and I had our units already; she then told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I relayed the message to him.

4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to meet, as a result.

4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met with Mr. Gantso inside the Mayors office. They transacted business inside the Mayors Office and only passed by my office on their way out.

4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid her the amount