Professional Documents
Culture Documents
Legal Forms 2009 by Theodore Te
Legal Forms 2009 by Theodore Te
(2009 Revision)
1
THEODORE O. TE
2
Intended for Exclusive Use of the University of the Philippines College of Law
Bar Examination Candidates for 200 in the Professional Enhancement Program!Bar
"eview 200
#ny other use$ without permission of the author$ is prohi%ited and all legal rights are
reserved&
1
These forms were first made in 1997 and distributed n 199 for use in the !"#$%& 'ar O(s for that )ear* its
was former+) tit+ed ,"+eadin-s. "etitions. /otions and Other $e-a+ and 0udi1ia+ 2orms3. 4t was +ast revised in
this form 2007* the 1ontents are a+so (ub+ished b) 5D6sia as ,"hi+i((ine $e-a+ and 0udi1ia+ 2orms3 and
1o()ri-ht is owned b) the 6uthor. 6++ ri-hts are reserved..
2
6ssistant "rofessor. !niversit) of the "hi+i((ines* 7i1e "resident for $e-a+ 6ffairs. !niversit) of the
"hi+i((ines* 2ormer Dire1tor. Offi1e of $e-a+ 6id* $+.'.. !.". (1990)* &ratefu+ a18now+ed-ement is -iven to
6tt). 2e+i9 /arie /. &uerrero. 0.D. !.". (200) for inva+uab+e assistan1e in re#formattin-. (roofreadin- and
u(datin- of +e-a+ referen1es.
TABLE OF CONTENTS
'a%le of Contents ii
(n )riting$ Legally v
I& C(**(+ ,("*-
#& Caption and 'itle .
B& Prayer .
C& /urat .
0& 1erification 2
E& Certification against ,orum -hopping 2
,& Com%ined 1erification and Certification against ,orum -hopping 2
2& Com%ined 1erification$ Certification against ,orum -hopping$ and
-tatement of *aterial 0ates 3
4& "e5uest for and +otice of 4earing 3
I& Proof of Personal -ervice 3
/& Proof of service %y registered mail 6with Explanation for failure to
serve personally7 8
9& Place$ date$ signature$ address$ "oll num%er$ IBP receipt num%er$
P'" num%er 8
L& #c:nowledgement ;
*& +otice of #ppeal ;
II& PLE#0I+2- #+0 ('4E" LE2#L 0(CU*E+'- I+ CI1IL P"(CE0U"E
#& Complaint 6and other initiatory pleadings7
.& Complaint for e<ectment with damages =
2& Complaint for sum of money >
3& Complaint for "eplevin ?
8& Complaint to set period of years for lease
B& #nswer with affirmative defenses and counterclaims
.& #nswer with compulsory counterclaim .0
2& #nswer with counterclaim and cross!claim .2
C& Pre!trial Brief .3
0& *otions
.& *otion to 0ismiss 6with "e5uest for and +otice of 4earing7 .;
2& *otion for leave of court to file pleading 6with explanation for
service %y registered mail7 .=
3& *otion for /udgment on the Pleadings .>
8& Ex parte motion to set for trial .?
;& *otion for postponement .
=& *otion for extension of time 20
>& *otion to declare defendant in default 2.
?& *otion to lift order in default 22
E& -pecial Civil #ctions
1. Certiorari (with Injunction and/or TRO) !rohi"ition and
#anda$u%
a& Certiorari 23
%& Prohi%ition 28
c& *andamus 2;
2& @uo warranto$ Interpleader$ @uieting of 'itle$ and 0eclaratory
"elief
a& Complaint in Interpleader 2=
ii
%& #ction to @uiet 6or "emove Cloud on7 'itle 2>
c& #ction for 0eclaratory "elief 2?
d& @uo )arranto 2
III& PLE#0I+2- #+0 ('4E" LE2#L ,("*- I+ C"I*I+#L P"(CE0U"E
#& Complaint!#ffidavit and Counter!#ffidavit
1. Complaint!#ffidavit 30
2. Counter!#ffidavit 3.
B& Information and Complaint
.& Information 6with Certificate of Preliminary Investigation or
In5uest7
a& Bigamy 33
%& 'heft 38
c& #ttempted "ape 3;
d& ,rustrated *urder 3=
C& *otions
.& *otion to @uash Information 3>
2& *otion to @uash -earch )arrant 3?
3& *otion to -uppress Evidence 3
8& *otion for Bail 80
0& #pplication for Bail 8.
I1& PLE#0I+2- #+0 ('4E" LE2#L 0(CU*E+'- C(**(+ '( CI1IL #+0
C"I*I+#L P"(CE0U"E
#& (ffer of Evidence and (ppositionAComment to (ffer
.& ,ormal (ffer of Evidence 82
2& CommentA(pposition to (ffer 83
B& 0emurrer to the Evidence
.& Criminal cases 88
2& Civil cases 8;
C& +otice of Lis Pendens 8=
0& #ppearance as Counsel 8>
E& )ithdrawal as Counsel
.& )ithdrawal with conformity of client 8?
2& )ithdrawal without conformity of client 8?
,& -u%stitution of Counsel 8
2& +otice of #ppeal 8
1& PLE#0I+2- #+0 LE2#L 0(CU*E+'- (+ 0(*E-'IC C#-E- #+0
-PECI#L P"(CEE0I+2-
#& Petition for 4a%eas Corpus ;0
B& Petition for #doption ;.
C& Petition for 0eclaration of +ullity of *arriage with #pplication for
Provisional (rders ;2
0& Petition for Pro%ate of 4olographic )ill ;8
1I& 0EE0-$ C(+'"#C'- #+0 ('4E" C("P("#'E LE2#L 0(CU*E+'-
#& -pecial Power of #ttorney ;;
B& 2eneral Power of #ttorney ;;
C& Contract of Lease ;=
0& 4olographic )ill ;>
iii
E& +otarial )ill ;>
,& #ttestation Clause for a +otarial )ill ;?
2& #c:nowledgement of a +otarial )ill ;?
4& 0onation Inter 1ivos ;
I& #c:nowledgment of +ominee -tatus with #ssignment of -hares =0
/& -ecretaryBs Certificate =.
9& Board "esolutions
.& #uthority to #ct =.
2& Increase in num%er of directors and necessary amendment to
the #rticles of Incorporation =.
L& 0eed of #ssignment =2
*& 0eed of -ale of "egistered Land 6unilateral7 =3
+& 0eed of -ale of Unregistered Land 6unilateral7 =8
(& 0eed of -ale with Pacto de "etro 6%ilateral7 =;
P& 0eed of "epurchase of land sold under Pacto de "etro ==
@& 0eed of -ale with *ortgage =>
"& 0acion en Pago 60eed of #ssignment of "eal Estate in payment
of de%t7 =?
-& Chattel *ortgage =
1II& #PPE#L- #+0 ('4E" "E-("'- '( #PPELL#'E C(U"'- I+ C"I*I+#L
#+0 CI1IL P"(CE0U"E
#& (rdinary #ppeals
.& in civil cases >0
a& from *'C 6in original <urisdiction7 to "'C 6in appellate
<urisdiction7 >0
%& from "'C 6in original <urisdiction7 to C# >0
2& in criminal cases
a& from *'C 6as trial court7 to "'C 6in appellate <urisdiction7 >0
%& from "'C 6as trial court7 to C# >0
c& from "'C 6as trial court7 to -C >0
B& Petitions for "eview
1. from "'C 6as appellate court7 or from 5uasi!<udicial agencies
to C# >.
2& from "'C 6on pure 5uestions of law7 or C# 6in appellate
<urisdiction7 to -C >.
1III& ,("*- "ELE1#+' '( '4E )"I'- (, #*P#"( #+0 4#BE#- 0#'#
#& #mparo
B& 4a%eas 0ata
iv
ON WRITING, LEGALLY
Therefore, its name was called Babel,
because there the Lord confused the
language of all the earth. Genesis, 11:9,
ESV
4f brevit) is the sou+ of wit. what now is to be1ome of +aw)ers (and +aw students) who
wou+d non1ha+ant+) write a 100#(a-e do1ument and dare 1a++ it a ,Brief3:
The traditiona+ notion of +e-a+ writin- is that it is a 1om(etition to (ut to-ether as
man) four to five#s)++ab+e words in a one#(ara-ra(h senten1e. The +an-ua-e of the +aw
m)stifies and with this 1omes the (ower of the +aw)er for the more obs1ure and obtuse
;
the
+an-ua-e. the -reater the need for a +aw)er.
Histor) has -iven us man) +an-ua-e handi1a(s and obsta1+es to 1+arit) and (re1ision.
Throu-hout four or five )ears of +aw s1hoo+. the +aw student. who eventua++) be1omes a
+aw)er. is trained to thin8 in ar1hai1 words and (hrases<+e-a+ese<whi1h a((ear to have -reat
+e-a+ si-nifi1an1e but are a1tua++) too im(re1ise to he+( an)one understand what is -oin- on.
6nd to add to the 'abe+ish situation. there are hundreds of words in a dead +an-ua-e<$atin<
that have +itt+e re+evan1e to the 1ontem(orar) wor+d.
There is a sea 1han-e. however. -oin- on in +e-a+ writin-. /ore and more. (+eaders
are as8ed to be 1+ear and 1on1ise. (re1ise not (edanti1. =h) waste five words when on+)
three wi++ do:
>
'ut 1han-e. as a+wa)s. is diffi1u+t and (ainfu+. ?et. it is an essentia+ res(onse
to toda)@s evo+vin- +e-a+ (rofession. 4ndeed. when the most 1ommon means now of
1ommuni1atin- is faster than sound %/%. with its own sub1u+ture and +in-o. there must be a
re#eAamination of the ar1hai1 and (edanti1 manner b) whi1h +e-a+ writin- (resents itse+f.
=hat this short introdu1tion to the a11om(an)in- handboo8 of Pleadings, Petitions,
Motions and Other Legal and Judicial Forms see8s to do is to (ut forth the need to write
1+ear+) and 1on1ise+). (re1ise+) but not (edanti1a++). =hat this 2orms boo8 see8s to do is to
assist the f+ed-+in-
B
and seasoned +e-a+ (+eader. drafter and advo1ate b) (resentin- in the
form the) are reCuired to a((ear. with words that are 1+ear and 1on1ise. (re1ise not (edanti1.
=hen a Dud-e@s attention s(an is short and his readin- ba18+o- is +on-. the need to
write 1on1ise+). 1+ear+). (re1ise+) and not (edanti1a++) be1omes abso+ute+) ur-ent.
=ritin- 1on1ise+) and not (edanti1a++). however. does not mean that the +e-a+ writer
ou-ht to 1ut 1orners when it 1omes to substan1e as we++ as form* the on+) thin- that that
-uarantees is a ba+efu+ stare and a rude dismissa+ from the Dud-e. Eot on+) must the writer
8now the ar-uments and the bases for his ar-uments. but she must a+so rea+i9e that these
ar-uments need to be (resented in a manner that is te1hni1a++) suffi1ient.
;
The use of the word is de+iberate and intended to be ironi1##to demonstrate the (oint.
>
/) favorite. and man) of m) students wi++ attest to this. is the abso+ute+) ar1hai1 Comes Now, the Plaintiff,
by the undersigned counsel, unto this onorable Court, res!ectfully states that" as (art of ever) (+eadin-. =h)
waste 1B words. when F wi++ do. thusG Plaintiff, by counsel, res!ectfully states that"# The +atter +oses none of
the +e-a+ -ravitas but +oses ever) bit of the ar1hai1 (retense that m)stifies the +aw and (er(etuates the notion that
+a)wers 8now what the) are doin- ea1h and ever) time.
B
4t was ori-ina++) intended as a bar eAamination -uide and as a tea1hin- too+ for eviden1e and (ro1edure
1+asses.
v
4t is ho(ed that the forms (resented here. with 1he18+ists
F
of +e-a+ reCuirements and
short annotations. wi++ (rovide the im(etus for dem)stif)in- +e-a+ writin- and +e-a+ draftin-.
These forms 1ome from a1tua+ forms used in the author@s (ra1ti1e. some from worth)
o((onents and sti++ some from traditiona+ form boo8s. with u(dates to fit the 1urrent state of
the Ru+es.
=hi+e this handboo8 was (rodu1ed. (rimari+). with bar eAaminees and the +aw intern
or +aw student in mind. it is ho(ed that it mi-ht (rove he+(fu+ as we++ when %e(tember ends
7
and +ife. as a +aw)er. be-ins in earnest.
Theodore O. Te
$
rd
Floor, %ue&on all '(outhwing),
*ni+ersity of the Phili!!ines, ,iliman, %ue&on City
F
618now+ed-ment is -iven to Atty. Alex M. Enriquez, ($+.'.. !". 1990) for the ori-ina+ tem(+ate of the
5he18+ists. whi1h have been u(dated to suit 1urrent (ra1ti1e.
7
The referen1e is to the son- b) &reen Da). an 6meri1an (un8 band. entit+ed ,-a.e Me *! -hen (e!tember
/nds3. whi1h has abso+ute+) nothin- to do with the bar or ta8in- the bar (as it refers to a death in the fami+))
eA1e(t the month referred to in the tit+e and the )earnin- eA(ressed to see the month end. 4t has. at some (oint
in time. a(t+) be1ome an unoffi1ia+ anthem of sorts for some bar eAaminees. /u1h more a(t (erha(s than ,My
-ay3 whi1h starts with. 0nd now the end is near#3
vi
I. CO##ON FOR#S
6. Ca&tion and Tit'e
"epu%lic of the Philippines
+ational Capital /udicial "egion
"E2I(+#L '"I#L C(U"'
Branch .$ *anila
CCCCCCCCCCCCCCCCCCCC$
Plaintiff$
!versus! Civil Case
+o&CCCCCCCCCCCCCCC
,or CCCCCCCCCCCCCCCCCCCCCCC
CCCCCCCCCCCCCCCCCCCCCC$
0efendant&
x ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! x
B. !ra(er
P"#DE"
)4E"E,("E it is respectfully prayed$ after notice and hearing$ that the defendant %e
ordered to pay the plaintiff the amount of (ne *illion Pesos 6Php&.$000$0007 for actual and
compensatory damages$ ,ifty 'housand Pesos 6Php&;0$0007 for moral damages$ ,ifty
'housand Pesos 6Php&;0$0007 for exemplary damages$ and ,ifty 'housand Pesos
6Php&;0$0007 for attorneyBs fees&
(ther <ust and e5uita%le reliefs are also prayed for&
5. )urat
-UB-C"IBE0 #+0 -)("+ '( %efore me in the City of CCCCCCCCCCCCCCC on this day of
CCCCCCCCCCCCCCCCC$ affiant exhi%iting %efore me his 2overnment Issued I0 no& CCCCCCCCCCCCCCC
issued on CCCCCCCCCCCCCCCCCC at CCCCCCCCCCCCCCCCCCCCC&
6-gd&7 +& (& '#"I(
+otary Pu%lic
Until CCCCCCCCCCCCCCCCCC
P'" +o& CCCCCCCCCCCCCCC
Issued at CCCCCCCCCCCCCC
(n CCCCCCCCCCCCCCCCCCC
0oc& +o&
Page +o&
Boo: +o&
-eries of 200>&
.
D. *eri+ication
1E"I,IC#'I(+
"epu%lic of the Philippines 7
City of CCCCCCCCCCCCCCC 7 s&s&
C&9& 4ilfiger$ after having %een duly sworn in accordance with law$ deposes and
states thatE
1. 4e is the plaintiff in the pleadingAdocument entitled 6pleadingAdocument %eing
verified7
2& 4e has caused its preparation
3& 4e has read it and the allegations therein are true and correct of his own
:nowledge or %ased on authentic records&
6-gd&7 C&9& 4IL,I2E"
!L,S- /urat
NOTE- Pleadings re5uired to %e verified
.& #ll pleadings under the "ules of -ummary Procedure
2& Complaints for
a& ,orci%le entry
%& Unlawful detainer
c& "eplevin
3& Complaints with application for in<unction or attachment
8& #nswer to complaint or counterclaim %ased on actiona%le documents
;& Petitions for
a& Certiorari
%& Prohi%ition
c& *andamus
d& 4a%eas Corpus
e& Change of +ame
E. Certi+ication a.ain%t Foru$ Sho&&in.
CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2
"epu%lic of the Philippines 7
City of CCCCCCCCCCCCCCC 7 s&s&
C&9& 4ilfiger$ after having %een duly sworn in accordance with law deposes and states
thatE
.& 4e is the plaintiff in the case entitled 6title of the case7F
2& 4e certifies that he has not commenced any action or filed any claim involving
the same issues %efore any other court$ tri%unal or 5uasi!<udicial agencyF
3& 'o the %est of his :nowledge$ there is no such pending action or claimF
8& If he should learn that a similar action or claim has %een filed or is pending he
shall report such fact within five 6;7 days from the discovery to this 4onora%le
Court&
6-gd&7 C&9& 4IL,I2E"
!L,S- /urat
2. Co$"ined *eri+ication and Certi+ication a.ain%t Foru$ Sho&&in.
1E"I,IC#'I(+ G CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2
I$ C&9& 4ilfiger$ of legal age$ do here%y state thatE I am the Chief Executive (ffice of
#lis 0i!yan Company and in such capacity$ caused this Complaint to %e preparedF I have
read its contents and affirm that they are true and correct to the %est of my own personal
:nowledgeF I here%y certify that there is no other case commenced or pending %efore 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 6;7 days from my notice&
I+ )I'+E-- )4E"E(,$ I have signed this instrument on CCCCCCCCCCCCC&
6-gd&7 C&9& 4IL,I2E"
!L,S- /urat
2
&. Co$"ined *eri+ication Certi+ication a.ain%t Foru$ Sho&&in. and
State$ent o+ #ateria' /ate%
1E"I,IC#'I(+ G CE"'I,IC#'I(+ #2#I+-' ,("U* -4(PPI+2
I$ C&9& 4ilfiger$ of legal age$ do here%y state thatE I am the Chief Executive (ffice of
#lis 0i!yan Company and in such capacity$ caused this Complaint to %e preparedF I have
received a copy of the [Order/Resolution/Decision] of the Court on 13 April 200! I have read
its contents and affirm that they are true and correct to the %est of my own personal
:nowledgeF I here%y certify that there is no other case commenced or pending %efore 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 6;7 days from my notice&
I+ )I'+E-- )4E"E(,$ I have signed this instrument on CCCCCCCCCCCCC&
6-gd&7 C&9& 4IL,I2E"
!L,S- /urat
H. Re0ue%t +or and Notice o+ hearin.
"E@UE-' ,(" G +('ICE (, 4E#"I+2
'4E B"#+C4 CLE"9 (, C(U"'
*etropolitan 'rial Court
@ueHon City$ Branch 3
Please su%mit the foregoing *otion to the Court for its consideration and approval
immediately upon receipt hereof and :indly include the same in the courtBs calendar for
hearing on ,riday$ .3 #pril 200> at ?E30 in the morning&
#''ICU- ,I+C4
. *oc:ingBird -treet
'imog #venue$ @ueHon City
Please ta:e notice that counsel has re5uested to %e heard on ,riday$ .3 #pril 200> at
?E30 in the morning&
6-gd&7 *I'C4 *C0EE"E
Counsel for 0efendant
2 'he ,irm
Laguna -treet$ @ueHon City
I. !roo+ o+ &er%ona' %er1ice
Copy furnished through personal serviceE
#tty& *itch *c0eere
Counsel for the 0efendant
2 'he ,irm
Laguna -treet$ @ueHon City
3
0. !roo+ o+ %er1ice "( re.i%tered $ai' (with E2&'anation +or +ai'ure to %er1e
&er%ona''()
Copy furnished through registered mailE
#tty& *itch *c0eere
Counsel for the 0efendant
2 'he ,irm
Laguna -treet$ @ueHon City
"egistry "eceipt +o& CCCCCCCC
Post (ffice CCCCCCCCCCCCCCCC
0ate CCCCCCCCCCCCCCCCCCCCC
EIPL#+#'I(+
'he foregoing 6designation of pleading$ motion$ etc&7 and its attachment were served
on #tty& *itch *c0eere %y registered mail instead of personal service as counsel for
petitioner only has one messenger and personal service would have resulted in the motion
not %eing filed on time to the detriment of petitioner&
6-gd&7 #''ICU- ,I+C4
"epu%lic of the Philippines 7
City of CCCCCCCCCCCCCCC 7 s&s&
#,,I0#1I'
I$ 4#"PE" LEE$ a messenger of #tty& #tticus ,inch$ with office address at
CCCCCCCCCCCCCCCCCC$ after %eing duly sworn$ deposes and statesE
'hat on CCCCCCCCCCCCCCCCCCCCCC$ I served a copy of the following pleadingsApapers %y
registered mail in accordance with -ection .0$ "ule .3 of the "ules of CourtE
+ature of PleadingAPaper
CCCCCCCCCCCCCCCCCCCCCCCC
CCCCCCCCCCCCCCCCCCCCCCCC
in Case +o& CCCCCCCCCCCCCCCCC entitled CCCCCCCCCCCCCCCCCCCC %y depositing a copy in the post
office in a sealed envelope$ plainly addressed to 6name of party or hisAher attorney7 at
CCCCCCCCCCCCCCC with postage fully paid$ as evidenced %y "egistry "eceipt +o&
CCCCCCCCCCCCCCCCCCCCC attached and with instructions to the post master to return the mail to
sender after ten 6.07 days if undelivered&
'( '4E '"U'4 (, '4E ,("E2(I+2$ I have signed this #ffidavit on .3 #pril 200>$ in
the City of *anila$ Philippines&
6-gd&7 4#"PE" LEE
#ffiant
!L,S- /urat
3. !'ace date %i.nature addre%% Ro'' nu$"er IB! recei&t nu$"er !TR
nu$"er #CLE Co$&'iance or E2e$&tion Nu$"er Contact /etai'%
City of *anila$ .3 #pril 200>&
#tty& *itch *c0eere
Counsel for the 0efendant
2 'he ,irm$ Laguna -treet$
@ueHon City$ *etro *anila
"#elephone$ %a&$ '(ail)
"oll +o&
IBP (" +o&$ date and place of issue
P'" (" +o&$ date and place of issue
*C+' Co(pliance/'&e(ption ,o-
8
$. Ac4now'ed.$ent
"epu%lic of the Philippines 7
City of *anila 7 s&s&
BE,("E *E$ this .3
th
day of #pril$ 200> in the City of *anila$ Philippines$ personally
appeared #''ICU- ,I+C4$ with J1alid Identification 0ocumentK 60riverBs License +o& +2;!0>!
00>>>>7 issued %y the Jofficial agencyK 6Land 'ransportation (ffice7 on .0 /anuary 200>$
:nown to me to %e the same person who executed the foregoing instrument$ and who
ac:nowledged to me that the same is his free act and deed&
I+ )I'+E-- )4E"E(,$ I have set my hand and affixed my +otarial seal on the day$
year and place written&
6-gd&7 +& (& '#"I(
+otary Pu%lic
Until CCCCCCCCCCCCCCCCCC
P'" +o& CCCCCCCCCCCCCCC
Issued at CCCCCCCCCCCCCC
(n CCCCCCCCCCCCCCCCCCC
0oc& +o&
Page +o&
Boo: +o&
-eries of 200>
NOTE- If the instrument consists of 2 or more pages$ include the following after the .
st
paragraphE
'his instrument$ consisting of CCC pages$ including the page on which this
ac:nowledgment is written$ has %een signed on the left margin of each and every page
thereof %y CCCCCCCCCCC and his witnesses 6if any7$ and sealed with my +otarial seal&
NOTE- If the instrument conveys 2 or more parcels of land$ include the following after the .
st
paragraphE
'his instrument relates to the sale 6or mortgage7 of CCC parcels of land$ and consists
of CCC pages including the page on which this ac:nowledgment is written$ each and every
page of which$ on the left margin$ having %een signed %y CCCCCCCCCCCCCC and his witnesses 6if
any7$ and sealed with my +otarial seal&
#. Notice o+ A&&ea'
+('ICE (, #PPE#L
0efendant$ #BC$ %y counsel$ respectfully appeals to this 4onora%le Court the
0ecision of the lower court dated .3 #pril 200>$ a copy of which he received on 2= #pril
200>&
@ueHon City$ 2 *ay 200>&
6-gd&7 *I'C4 *C0EE"E
Counsel for 0efendant
2 'he ,irm
Laguna -treet$ @ueHon City
;
II. !LEA/IN5S AN/ OT6ER LE5AL /OC,#ENTS IN CI*IL !ROCE/,RE
6. Co$&'aint (and other initiator( &'eadin.%)
1. Co$&'aint +or eject$ent with da$a.e%
718 "egional 'rial Court
+ational Capital /udicial "egion
*E'"(P(LI'#+ '"I#L C(U"'
@ueHon City$ Branch 33
#LI- 0I!D#+ C(*P#+D$
Plaintiff$
Civil Case +o& 2222
! versus ! ,orE E<ectment
D(9( +2#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
PL#I+'I,,$ %y counsel$ respectfully states thatE
798 .& Plaintiff is a foreign corporation organiHed and existing under the laws of
,rance with %usiness address at ... (cean 0rive$ 'una Compound$ @ueHon CityF 0efendant
is a ,ilipino$ of legal age$ single and currently resident of ..2 (cean 0rive$ 'una Compound$
@ueHon City$ where he may %e served with summons and other pertinent processes&
7:8 2& Plaintiff owns that property located at ..2 (cean 0rive$ 'una Compound$
@ueHon City which it leased to defendant under the terms and conditions stated in the
Contract of Lease dated . /anuary 200;$ which contract expires on 3. 0ecem%er 200=& #
copy of the contract is attached as #++EI #&
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 %usiness expansionF plaintiff then as:ed
defendant to vacate the premises& # copy of plaintiffBs letter to defendant is attached as
#++EI B&
7;8 8& 0espite demand duly made and received$ defendant has refused to vacate the
premises and continues to occupy the property without plaintiffBs consent& Resort to the
.aran/ay conciliation syste( proved useless as defendant refused to appear 0efore the
+upon/ #a/apa(ayapa- A Certification to %ile Action is attached as A,,'1 C&
;& 0efendantBs act of dispossession has caused plaintiff to suffer material in<ury
%ecause plaintiffBs %usiness expansion plans could not %e implemented despite the arrival of
machineries specifically leased for this purpose at the rental rate of U-L;00 per month&
0efendantBs continued occupation of the premises has also forced plaintiff to sue and to
incur legal expenses amounting to ,ifty 'housand Pesos 6P;0$000&007&
7<8 )4E"E,("E$ plaintiff respectfully prays for <udgment in its favor %y ordering
defendant to vacate the property and peacefully turn over possession to plaintiff and for
defendant to pay plaintiff the amount of U-L3$;00 representing rentals on the machineries
for seven 6>7 months and ,ifty 'housand Pesos 6P;0$000&007 for #ttorneyBs fees&
(ther <ust and e5uita%le reliefs are also prayed for&
7=8 @ueHon CityF .3 #pril 200>&
7>8 6-gd&7 #''ICU- ,I+C4
Counsel for Plaintiff
J#ddressK
!L,S-
1. 7?8 1erification and Certification against ,orum -hopping
2& /urat
=
2. Co$&'aint +or %u$ o+ $one(
718 "epu%lic of the Philippines
+ational Capital /udicial "egion
"E2I(+#L '"I#L C(U"'
Branch .0.$ *a:ati City
E-'# P#0("#$
Plaintiff$
Civil Case +o& 000??2
! versus ! ,orE -um of *oney
*#+22# 2#+'-($
0efendant&
x !!!!!!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
PL#I+'I,,$ %y counsel$ respectfully states thatE
798 .& Plaintiff is a ,ilipino$ of legal age$ and resident of =>;0 ,or%es Par:$ *a:ati
CityF defendant is also a ,ilipino$ of legal age and resident of =>;2$ ,or%es Par:$ *a:ati City$
where he may %e served with summons and other processes&
7:8 2& -ometime in /anuary 200; and over a period of six 6=7 months$ defendant
%orrowed certain amounts from plaintiff& 0efendant promised to pay these amounts on an
installment %asis monthly& 'hese amounts now total +ine 4undred 'housand Pesos
6P00$000&007&
7;8 3& 0espite repeated demands$ %oth oral and written$ defendant failed or has
refused to pay any amount to plaintiff as no installment payment has even %een made& #
copy each of plaintiffBs two 627 demand letters is attached as #++EI # and B&
8& "esort to the Barangay Conciliation process proved fruitless as defendant failed to
appear$ despite notice on him to appear& 'hus$ a Certification to ,ile #ction$ a copy of which
is attached as #++EI C$ was issued %y the Barangay Chairman&
;& 0efendantBs o%ligation is due and demanda%le and plaintiff is entitled to the
payment of the entire amount of +ine 4undred 'housand Pesos 6P00$000&007 plus legal
interest&
=& By reason of defendantBs unreasona%le failure or refusal to pay his due and
demanda%le o%ligation$ plaintiff was forced to engage the services of counsel to vindicate
his rights there%y committing himself to pay legal expenses amounting to ,ifty 'housand
Pesos 6P;0$000&007&
7<8 )4E"E,("E$ plaintiff respectfully prays for <udgment in his favor through a
0ecision directing defendant to pay him +I+E 4U+0"E0 '4(U-#+0 PE-(- 6P00$000&007$
with legal interest$ as #C'U#L 0#*#2E- and ,I,'D '4(U-#+0 PE-(- 6P;0$000&007 as
#ttorneyBs ,ees&
(ther <ust and e5uita%le reliefs are also prayed for&
7=8 @ueHon City for *a:atiF .3 #pril 200>&
7>8 6-gd&7 #''ICU- ,I+C4
Counsel for Plaintiff
J#ddressK
!L,S- 7?8 1erification and Certification against ,orum -hopping
>
;. Co$&'aint +or Re&'e1in
718 "epu%lic of the Philippines
+ational Capital /udicial "egion
"E2I(+#L '"I#L C(U"'
Branch .0.$ *a:ati City
4U"'- "E+'!#!C#"$
represented %y #9I+ +#D#+$
Plaintiff$
Civil Case +o& 0000??
! versus !
D(9( +2#$
0efendant&
x!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
Plaintiff$ %y counsel$ respectfully states thatE
798 .& Plaintiff is the general manager of 4urts "ent!#!Car with offices at *a:ati CityF
defendant is a 'ongan$ temporarily residing at Bayview 4otel$ "oxas Boulevard$ *anila&
7:8 2& 4urts "ent!#!Car is the registered owner of a 4onda C"1 with license plate
num%er IL1!=>;$ which defendant$ on 3 *arch 200;$ rented from plaintiff for a period of
one 6.7 wee:&
7;8 3& (n .; *arch 200;$ plaintiff demanded from defendant the return of the car
%ut defendant failed and refused to do so&
8& 'he car has not %een ta:en for a tax assessment or a fine pursuant to law nor has
it %een seiHed on execution or attachment& Its present value is approximately +ine 4undred
'housand Pesos 6P00$000&007&
;& Plaintiff is ready$ willing and a%le to give %ond in defendantBs name in dou%le the
value of the property for the return of the property to defendant should that %e ad<udged or
for the payment of such sum that defendant may recover from plaintiff in this action&
7<8 )4E"E,("E$ plaintiff respectfully prays that the writ of replevin issue directing
the -heriff or any other authoriHed officer to ta:e possession of the car and dispose of it in
accordance with the "ules of Court and$ after hearing$ <udgment %e rendered declaring
plaintiff to %e lawfully entitled to the possession of the car and sentencing defendant to pay
its value&
7=8 @ueHon City for *a:ati CityF .3 #pril 200>&
7>8 6-gd&7 *I'C4 *C0EE"E
Counsel for the Plaintiff
J#ddressK
!L,S- 7?8 1erification and Certification against ,orum -hopping
?
>. Co$&'aint to %et &eriod o+ (ear% +or 'ea%e
718 "epu%lic of the Philippines
+ational Capital /udicial "egion
"E2I(+#L '"I#L C(U"'
Branch .=.$ Pasig City
+#+2 UUP#$
Plaintiff$
Civil Case +o& 00...
! versus !
+#2P# P#UP#$
0efendant&
x !!!!!!!!!!!!!!!!!!!!!! x
C(*PL#I+'
PL#I+'I,,$ %y counsel$ respectfully states thatE
798 .& Plaintiff and 0efendant are %oth ,ilipino citiHens and of legal ageF plaintiff
resides at .!#$ CruH -treet$ Pasig City while defendant resides at 2 ,risco -treet$ Pasig City$
where he may %e served with summons&
7:8 2& (n . /anuary 2003$ defendant leased to plaintiff the premises at .!# CruH
-treet$ Pasig City for a monthly rental of (ne 'housand Pesos 6P.$000&007 to %e paid within
the first five 6;7 days of each month&
3& 'here is no fixed period for the lease agreement except that rentals are to %e paid
%y the month&
7;8 8& Plaintiff has %een paying the rentals as they fall due each month$ without fail&
4owever$ on 8 #pril 200=$ defendant gave notice to plaintiff that he is terminating the lease
agreement %y the end of #ugust 200=&
;& Considering that the period of lease has not %een fixed$ this 4onora%le Court may
fix a longer period of time as the lessee has %een occupying the place for a period of three
637 years& # period of two 627 years is reasona%le considering that the lessee has no place to
transfer to immediately and that he has introduced su%stantial improvements to the
premises amounting to ,ifty 'housand Pesos 6P;0$000&007&
7<8 )4E"E,("E$ it is respectfully prayed that this 4onora%le Court fix a period of
years for the lease %etween plaintiff and defendant&
7=8 @ueHon City for Pasig CityF .3 #pril 200>&
7>8 6-gd&7 #''ICU- ,I+C4
Counsel for Plaintiff
J#ddressK
!L,S- 7?8 1erification and Certification against ,orum -hopping