Legal Forms

FORM 1 – COMPLAINT FOR UNLAWFUL DETAINER
Republic of the Philippines

METROPOLITAN TRIAL COURT
Fourth Judicial Region
Branch 1, Lipa City
MARIA CLARA SAN DIEGO

Plaintiff,
-versus- Civil Case No.123456

For: Unlawful Detainer
ANALIZA ESPERANZA
Defendant.
X--------------------------------------x
COMPLAINT
Plaintiff, thru the undersigned Counsel, unto this Honorable Court,
respectfully alleges:
1. That Plaintiff is of legal age, Filipino, single and with residence at

T.M. Kalaw, Lipa City, Batangas. Plaintiff may be served with
notices, orders and processes of this Honorable Court through the
undersigned counsel;
2. That Defendant is likewise of legal age, Filipino, single and with

residence at Mataas na Lupa, Lipa City, Batangas, where he may be
served with summons;
3. The plaintiff and defendant have the capacity to sue and be sued;
4. The plaintiff is the owner of a land over which an apartment had been
constructed located at 123 A. Mabini St., Lipa City, Batangas;
5. By virtue of a contract of lease, the plaintiff leased unto the defendant

the aforesaid apartment for a consideration of P5,000.00 a month as
rental to be paid within the first ten (10) days of each month starting
April 8, 2017;
6. The defendant failed to pay the agreed rental for several months
starting October 10, 2017 up to the present;
7. On February 7, 2018, the plaintiff sent a demand letter to vacate the

property which was received by the defendant as shown in the registry
return receipt hereto attached as Annex “A”;
8. Despite said letter of demand which was repeated by oral demands,
the defendant failed and still refused to pay the agreed amount of
rentals and to vacate the property.
40
PRAYER
WHEREFORE, after hearing and trial, judgment is rendered in

favor of the plaintiff and against the defendant, ordering the latter the
following:
1. To vacate the subject premises;

2. To pay the amount of P5,000.00 per month as compensation for
the reasonable use of the subject premises until they finally vacate
the said premises;
3. Costs of litigation;
Lipa City, Philippines, April 17, 2018
ATTY. LOVELYN M. ATIENZA

Counsel for the Plaintiff
64 T.M. Kalaw St., Lipa City
PTR No. 223378, 01-20-18
IBP O.R. No. 11345, 01-25-18
Roll No. 235678
MCLE Cert. No. 34567
(063) 9484554621
[email protected]
40
VERIFICATION AND CERTIFICATE
Republic of the Philippines)

City of Lipa ) S.S.
I, MARIA CLARA SAN DIEGO, Filipino, of legal age,

residing at T.M. Kalaw, Lipa City, Batangas, after being sworn to in
accordance with law, deposes and say:
1. That I am the Plaintiff in the above titled case;
2. The facts stated in the above complaint are true and correct to the
best of my knowledge, belief and authentic records;
3. I have 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 my knowledge, no such other action or claim is pending
in them;
4. If I should learn that the same or similar action or claim has been
filed or is pending after its filing, I shall report that fact within five
(5) days from notice to the court or where the complaint or
initiatory pleading has been filed;
Lipa City, Philippines, April 17, 2018.

Affiant
SUBSCRIBED and SWORN to before me, this 17 th day of

April 2018 in the city of Lipa, Philippines. Affiant exhibiting to me
her Driver’s License 1234567 issued in Lipa City on July 15, 2015.
Doc No. _____

Page No. ____
Book No. ____
Series of 2018
ATTY. IRENE MAE R. GOMOS
Notary Public
Commission Serial No. 56789
Until December 31, 2018
PTR No. 890760, 01-10-18
IBP O.R. No. 245678, 01-10-18
Roll No. 236216
40
FORM 2 – COMPLAINT FOR EJECTMENT

Branch 1, Lipa City

Plaintiff,

For: Ejectment
ANALIZA ESPERANZA
Defendant.
X--------------------------------------x
COMPLAINT


3. The plaintiff is the owner of a land over which an apartment had been
constructed located at 123 A. Mabini St., Lipa City, Batangas which is
leased to the defendant under the terms and conditions stated in a
Contract of Lease dated January 1, 2015 which contract expired on
December 31, 2017. A copy of the contract is attached at Annex “A”;
4. Upon expiration of the said contract, plaintiff informed the defendant

of her intention not to renew the lease as it would be use for business
expansion. The plaintiff asked the defendant to vacate the property. A
copy of the plaintiff’s letter to defendant is attached hereto Annex
“B”;
5. Despite said letter of demand which was repeated by oral demands,

the defendant failed to vacate the premises and continues to occupy
the property without plaintiff’s consent.
40
PRAYER

following:
1. To vacate the subject premises;
2. Costs of litigation.

PTR No. 223378, 01-20-18
IBP O.R. No. 11345, 01-25-18
Roll No. 235678
(063) 9484554621
[email protected]
40

City of Lipa ) S.S.

2. The facts stated in the above complaint are true and correct to
the best of my knowledge, belief and authentic records;
3. I have 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 my knowledge, no such other action or claim
is pending in them;
4. If I should learn that the same or similar action or claim has

been filed or is pending after its filing, I shall report that fact
within five (5) days from notice to the court or where the
complaint or initiatory pleading has been filed;

Affiant

Doc No. _____

Page No. ____
Book No. ____
Series of 2018
Notary Public
PTR No. 890760, 01-10-18
IBP O.R. No. 245678, 01-10-18
Roll No. 236216
40
FORM 3 – COMPLAINT FOR A SUM OF MONEY

REGIONAL TRIAL COURT
Branch 2, Lipa City

Plaintiff,

For: Sum of Money
RAFAEL SANTIAGO
Defendant.
X--------------------------------------x
COMPLAINT



3. The plaintiff and defendant have the capacity to sue and be sued;
4. That sometime in January 20, 2016, in the city of Lipa, for value
received, the defendant executed a promissory note in favor of the
plaintiff Maria Clara san Diego in the sum of One Million Pesos
(P1,000,000.00) to be fully paid on or before January 20, 2017;
5. That a photocopy of the said promissory note is hereto attached as

ANNEX “A” and made an integral part hereof;
6. That defendant was able to pay only the amount of Six Hundred
Thousand Pesos (P600,000.00) and despite the lapse of the period to
pay the obligation, defendant failed to pay his obligation thereby
entitling the plaintiff to be paid of the unpaid balance;
40
7. That said loan now long overdue despite of repeated demands, the
defendant failed and refused to settle the same as evidenced by the
Demand Letter send by the plaintiff’s counsel demanding the
defendant to pay the unpaid balance amounting to four Hundred
Thousand Pesos (P400,000.00). A photocopy of which is hereto
attached as ANNEX “B” and made an integral part hereof;
8. That all succeeding demands made by the plaintiff were all met by
unyielding refusal by the defendant.
PRAYER

following:
1. To pay the plaintiff the unpaid balance amounting to Four Hundred

Thousand Pesos (P400,000.00);
2. Attorney’s fees equivalent to Ten Percent (10%) of the total

amount claimed;
3. Costs of litigation;
4. Other just and equitable relief.

PTR No. 223378, 01-20-18
IBP O.R. No. 11345, 01-25-18
Roll No. 235678
(063) 9484554621
[email protected]
40

City of Lipa ) S.S.

2. The facts stated in the above complaint are true and correct to the best
of my knowledge, belief and authentic records;
3. I have 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 my knowledge, no such other action or claim is pending in
them;
4. If I should learn that the same or similar action or claim has been filed
or is pending after its filing, I shall report that fact within five (5) days
from notice to the court or where the complaint or initiatory pleading
has been filed;

Affiant

Doc No. _____

Page No. ____
Book No. ____
Series of 2018
Notary Public
PTR No. 890760, 01-10-18
IBP O.R. No. 245678, 01-10-18
Roll No. 236216
40
FORM 4 – ANSWER

Branch 1, Lipa City

Plaintiff,

For: Ejectment
ANALIZA ESPERANZA
Defendant.
X--------------------------------------x
ANSWER
Defendant, thru the undersigned Counsel, unto this Honorable Court,

respectfully states that:
Admissions/Denials
1. She admits the contents of paragraph 2 only insofar as her personal

circumstances;
2. She admits the contents of paragraph 3 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 explained in the
Affirmative Defense below;
3. She admits the content of paragraph 4 only to the fact that a 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;
Affirmative Defense
4. Defendant reiterates all the foregoing insofar as they are material and
additionally submit that the Complaint should be dismissed because
the Complaint fails to state a cause of action as the Contract of Lease
(Annex A) was, before its expiration, superseded 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.
40
PRAYER

favor of defendant by dismissing the Complaint.
Other just and equitable reliefs are prayed for.

PTR No. 223378, 01-20-18
IBP O.R. No. 11345, 01-25-18
Roll No. 235678
(063) 9484554621
[email protected]
Copy furnished:
ATTY. LEAH ZAMORA
Sampaloc, Manila
EXPLANATION
Copy of the foregoing ANSWER was served to plaintiff’s counsel by

registered mail due to time and distance constraints and for lack of the
undersigned’s staff who can serve the same in person.
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as

follows:
WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Plaintiff is open to settling this dispute amicably, subject to a

concrete proposal that is fair and reasonable and a reciprocal manifestation
of openness from defendant,
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,

plaintiff respectfully submits that the desired terms of any amicable
settlement would involve, first, an admission of amount due and owing to
plaintiff and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1 Plaintiff claims that defendant failed to pay the purchase price of
SIX HUNDRED EIGHTY NINE THOUSAND FIFTY PESOS (Php
689,850.00) for the fifteen (15) units of Samsung Galaxy A8 delivered to the
defendant.
2.2 Defendant raise as defenses that no sale ever transpired and that
the checks issued to Ms. San Diego were stolen and the defendant’s
signature forged.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Defendant admits only those facts stated in their Answer, i.e.,
their personal circumstances and the existence of the bank account and
corresponding checks.
IV. ISSUES TO BE TRIED
40
4.1. Plaintiff submits that the following issue is subject to proof:
4.1.1. The loss of the defendant’s checks as the cause for the
account’s closure and forgery of his signature
4.2. Defendant submits that the following issues are subject to proof:
4.2.1. There was a contract of sale with the plaintiff;
V. EVIDENCE
5.1. Plaintiff intends to present the following witnesses:
5.1.1 Ms. Jesusa Mendez, to establish that the plaintiff and defendant
actually met at the Shangri-La Makati Hotel, that the Rolex was the subject
matter of a contract of sale between the plaintiff and defendant, and that the
defendant paid in cash FOUR HUNDRED THOUSAND PESOS (P400,000)
and issued the checks covering the balance;
5.1.2 Mr. Luis Reyes, defendant’s driver, as witness to the meeting

and the transaction;
5.2. Plaintiff reserves the right to present any and all documentary
evidence, which shall become relevant to rebut defendants’ claims in the
course of trial as well as any other witnesses whose testimony will become
relevant to belie defendants’ witnesses, if necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, plaintiff does

not intend to avail of discovery at this time;
6.2. Subject, however, to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to discovery
before trial.
VII. AVAILABLE TRIAL DATES
March 17, 2018, March 23, 2018, March 30, 2018 and April 4, 2018.
City of Lipa, Batangas, Philippines, 4 February 2018.
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ABC CORPORATION
Defendant.
X--------------------------------------x
MOTION TO DISMISS
COMES NOW the Defendant, ABC CORPORATION, through the

undersigned counsel, appearing especially and solely for this purpose, and to
this Honorable Court, most respectfully moves for the dismissal of the
Complaint on the following ground that THE HONORABLE COURT HAS
NOT ACQUIRED JURISDICTION OVER THE PERSON OF THE
DEFENDING PARTY.
DISCUSSION
A cursory reading of the Summons and Return of Service would readily

show that the copies of the Summons dated March 1, 2018 and the
Complaint and its corresponding annexes were allegedly delivered and
tendered upon the defendant through a certain Luisa Santos alleged to be the
authorized personnel of ABC CORPORATION on March 30, 2018. Copies
of the said Summons and Return of Service that form part of the records on
the case are hereto pleaded as integral part of this Motion;
Said service of Summons, however, constitutes an improper service of

summons amounting to lack of jurisdiction over the person of the herein
defendant since the summons was improperly served upon a person who is
not one of those persons named or enumerated in Section 11, Rule 14 of the
1997 Rules of Civil Procedure upon whom service of summons shall be
made;
The material provision on the service of summons provided for in Section 11

of Rule 14 of the 1997 Rules of Civil Procedure reads as follows:
"Section 11. Service upon domestic private juridical entity.- When the
defendant is a corporation, partnership or association organized under the
laws of the Philippines with a juridical personality, service may be made on
the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel" (underscoring ours)
40
It bears no further emphasis that the service of the summons was done on a
person who is not included in the exclusive enumeration provided for under
the said Section, as service was done only on an alleged authorized
personnel of the ABC CORPORATION;
This new revision of the Rules of Court for the service of summon is a clear
departure from the old rule as stated in Section 13, Rule 14 of the Rules of
Court which provided that:
"SECTION 13.Service upon private domestic corporation or partnership. - If

the defendant is a corporation organized under the laws of the Philippines or
a partnership duly registered, service may be made on the president,
manager, secretary, cashier, agent, or any of its directors."
It must be equally noted that the changes in the new rules are substantial and
not just general semantics as the new rules restricted the service of summons
on persons clearly enumerated therein. In effect, the new provision makes it
more specific and clear such that in the case of the word "manager", it was
made more precise and changed to "general manager", "secretary" to
"corporate secretary", and excluding therefrom agent and director;
The designation of persons or officers who are authorized to accept

summons for a domestic corporation or partnership is under the new rules,
limited and more clearly specified, departure from which is fatal to the
validity of the service of the summons and resulting in the failure of the
court to acquire jurisdiction over the person of the respondent corporation.
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with

respect to the Movant Corporation be dismissed for lack of jurisdiction over
the person of the defendant.
Lipa City, Batangas, Philippines. April 17, 2018
Monalisa Reyes
For: ABC Corporation
Defendant

Counsel
40
ATTY. LEAH ZAMORA
Zamora and Associates Law Offices
Ayala Highway, Brgy. Balintawak,
Lipa City, Batangas, Philippines
NOTICE OF HEARING
Greetings: Please take notice that the foregoing Motion for Extension of

Time to File an Answer shall be submitted for the consideration and
approval of the Honourable Court on Friday, April 20, 2018 at 8:00 A.M. or
as soon as counsel and matter may be heard.

Counsel for the Defendant
COPY FURNISHED:
ATTY. LEAH ZAMORA
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION FOR EXTENSION OF TIME
TO FILE COMMENT TO OFFER OF EVIDENCE
Defendant, by counsel, respectfully alleges that:
1. On August 3, 2018, he received a copy of the plaintiff's Offer of

Evidence dated July 25, 2018. Hence, pursuant to the order of the
Honorable Court in open court during the July 22, 2018
hearing, defendant has five (5) days or until August 8, 2018 within
which to file its Comment to the same;
2. However, due to volume and pressure of work, coupled with other

equally important and urgent professional commitments, the
undersigned counsel cannot complete the said Comment to the Offer
of Evidence within the period required and will need an additional ten
(10) days from August 8, 2018 or until August 18, 2018 within which
to do so;
3. This motion is being filed due to the reason above-stated and not for
the purpose of delaying the instant case.
WHEREFORE, defendant prays that he be granted an additional ten

(10) days from August 8, 2018 or until August 18, 2018 within which to
submit a Comment to the Offer of Evidence.
Lipa City, Batangas, Philippines. August 8, 2018
ATTY. LEAH ZAMORA

40
NOTICE OF HEARING

approval of the Honourable Court on Friday, August 8, 2018 at 8:00 A.M. or
ATTY. LEAH ZAMORA

COPY FURNISHED:

Counsel for Plaintiff
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION TO WITHDRAW
COMES NOW, the undersigned counsel, unto the Honorable Court,

most respectfully states:
1.That the undersigned counsel has already terminated his attorney-client
relationship with the Defendant Analiza Esperanza, particularly because of
the latter's deliberate failure to pay the fees for the undersigned's legal
services despite repeated requests for payment and repeated promises to pay,
in violation of the Defendant's Retainer Contract with the undersigned
counsel;
2. That the statement of accounts of the undersigned counsel merely fell on
deaf ears and not a single centavo was paid to this date by the said
Defendant contrary to all its representations;
3. That the undersigned counsel's previous request for said Defendant to give
consent and conformity to the undersigned counsel's Motion for Withdrawal
was never acted upon to this date;
4. That in view of the foregoing reasons, the undersigned counsel could no
longer adequately fulfill his obligations as legal counsel for the said
Defendant;
5. That Rule 22.01 par. (f) of the Code of Professional Responsibility states
that a lawyer may withdraw his services when the client deliberately fails to
pay the fees for the services or fails to comply with the retainer agreement;
6. That there is a need to protect the members of the legal profession from
clients who take advantages of their professional services. In fact, the
Honorable Supreme Court had the occasion to state that:
"Counsel, any counsel, if worthy of his hire, is entitled to be fully
recompensed for his services. With his capital consisting solely of his brains
and with his skill, acquired at tremendous cost not only in money but in the
expenditure of time and energy, he is entitled to the protection of any
40
judicial tribunal against any attempt on the part of the client to escape
payment of his fees. It is indeed ironic if after putting forth the best that is in
him to secure justice for the party he represents, he himself would not get his
due. Such an eventuality this Court is determined to avoid. It views with
disapproval any and every effort of those benefited by counsel's services to
deprive him of his hard-earned honorarium. Such an attitude deserves
condemnation."(Albano vs. Coloma, 21 SCRA 411).
As such, undersigned most respectfully requests that he be allowed by this
Honorable Court to withdraw his appearance in this case as Counsel for the
Defendant Analiza Esperanza without the latter's express conformity.
PRAYER
WHEREFORE, premises considered, undersigned counsel most

respectfully prays that he be allowed to withdraw his appearance in this case
as counsel for the Defendant Analiza Esperanza, dispensing with the latter's
express conformity, and that he be relieved of all his responsibilities relative
to this case.
Other reliefs just and equitable under the premises are likewise prayed
for.
Lipa City, Batangas, Philippines. April 17, 2018
ATTY. LEAH ZAMORA

NOTICE OF HEARING

ATTY. LEAH ZAMORA

COPY FURNISHED:

40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
THIRD PARTY COMPLAINT
COMES NOW the defendant by the undersigned attorney, and with

leave of court, files this third party complaint against JESUSA REYES,
hereinafter called the third party defendant, and respectfully avers:
1. That the defendant and the third party defendant are both of age and
residents of Brgy. Tambo, Lipa City, Batangas;
2. That on or about April 8, 2018, a complaint was filed by Maria Clara

San Diego against Analiza Esperanza, a copy of which is hereto
attached as Annex “A”;
3. That Jesusa Reyes was the surety which entitled the defendant, as
third party plaintiff, to a claim for contribution, indemnity,
subrogation or any other relief against the third party defendant, in
respect of the plaintiff’s claim.
WHEREFORE, it is respectfully prayed that judgment be rendered
against Jesusa Reyes as the third party defendant, for his contribution against
the claim on me, and for such other relief consistent with law and equity,
and for costs.
Lipa City, Batangas, Philippines. April 17, 2018.
ATTY. LEAH ZAMORA

40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT
COMES NOW the defendant by the undersigned attorney, and

respectfully moves this Honourable Court to admit the filing of attached
third party complaint against Jesusa Reyes, for the reasons therein, stated,
and that the same be served upon the third party defendant, in accordance
with law.
WHEREFORE, it is respectfully prayed that the attached third party

complaint be admitted and proper summons be served in accordance with
the Rules of Court.
ATTY. LEAH ZAMORA

NOTICE OF HEARING

ATTY. LEAH ZAMORA

COPY FURNISHED:
Lipa City, Batangas
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION FOR INTERVENTION
COMES NOW the Intervenor, by the undersigned counsel, and

unto this Honourable Court, most respectfully requests for leave to intervene
in the above-captioned case, for the following reasons:
1. That the Intervenor is a purchaser of some of the subdivided

portions of Lot No. 451, the subject matter of the above-captioned
case;
2. That the Intervenor has a legal interest in the matter in litigation, or in

the success of the complainant, or is so situated as to be adversely
affected by a distribution or other disposition of the parcel of land,
subject matter of the above-captioned case;
3. That this intervention will not, in the least, unduly delay or prejudice
the adjudication of the rights of the original parties in the case;
4. That the Intervenor's rights can be fully protected in this proceeding

rather than by filing a separate proceeding.
PRAYER
WHEREFORE, it is most respectfully prayed that the said intervenor

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

40
NOTICE OF HEARING

ATTY. LEAH ZAMORA

COPY FURNISHED:

40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION FOR LEAVE TO AMEND ANSWER
COMES NOW the defendant by the undersigned attorney, and unto

this Honourable Court, respectfully moves this Court for leave to amend his
Answer already filed, dated January 3, 2018, and for this purpose hereby
presents the attached Amended Answer, wherein the amendments sought to
be incorporated are indicated by being underscored.
WHEREFORE, in order that the real matter in dispute and all matters
in this action may be completely determined, it is respectfully prayed that
the attached Amended Answer be admitted.
ATTY. LEAH ZAMORA

NOTICE OF HEARING

ATTY. LEAH ZAMORA

COPY FURNISHED:
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION FOR BILL OF PARTICULARS
Defendant, through the undersigned counsel and unto this Honorable

Court, respectfully avers:
1. That the plaintiff's complaint in paragraph 5 alleges:
From August 3 to December 2003, defendant never paid
anything to herein plaintiff. The check that he issued as partial
payment for the first month also bounced. x xx(underscoring supplied)
2.The said allegation is not averred with sufficient definiteness and
particularity, specifically it does not mention the amount of the check therein
mentioned, its check number, date, and the drawee bank;
3.That a more definite statement on the matters as above-indicated is
necessary in order to enable the defendant to prepare its responsive pleading
because from the very onset of this controversy, the main dispute was on
what was actually and exactly agreed upon by the parties as the amount of
monthly rentals on the lease of plaintiff's property;
4.However, due to the fact that defendant corporation had to transfer
its liaison offices depending on its project sites, the check stub where the
above-mentioned check came from was probably misplaced and could no
longer be found;
5. That a bill of particulars or a more definite statement as to
particulars of the said check which was allegedly issued by the defendants as
partial payment for the first month would definitely simplify the issues in
this case, and hopefully un-complicate the negotiations between the parties
for an amicable settlement.
PRAYER
WHEREFORE, defendant most respectfully prays that an order be

issued by this Honorable Court requiring the plaintiff to make more definite
statement as to the particulars of the check mentioned in paragraph 5 of his
40
complaint, particularly stating its amount, check number, date, and the name
of the drawee bank.
ATTY. LEAH ZAMORA

NOTICE OF HEARING

ATTY. LEAH ZAMORA

COPY FURNISHED:
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION FOR SUMMARY JUDGMENT
COMES NOW the plaintiff, in the above-entitled case, and unto this
Honourable Court, respectfully avers:
1. That this is an action for collection of sum of money with damages for
which an answer has already been made;
2. That the pleadings on file show that there is no genuine issue as to any
material fact averred in the complaint;
3. That in paragraph 6 of the Answer filed by defendant, it is alleged

that the only issue in this case is one of law;
4. That plaintiff, in support of this motion, hereby further files the

attached affidavits, marked Exhibits “A”, “B”, etc., made out of the
personal knowledge of the affiants and who are competent to testify to
all matters therein stated.
WHEREFORE, it is respectfully prayed that a judgment be rendered

forthwith upon the whole case, or if judgment cannot be rendered for all the
relief sought herein, then let an order be issued specifying what are the
material facts which appear without substantial controversy, and the facts so
specified be deemed established without trial.

ATTY. LEAH ZAMORA
40
NOTICE OF HEARING

ATTY. LEAH ZAMORA

COPY FURNISHED:
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
PETITION FOR RELIEF FROM JUDGMENT
Petitioner, through the undersigned counsel and unto this Honorable

Court, respectfully avers:
1. That judgment in this case, dated April 7, 2018, was entered by
this Honourable Court against the petitioner, of which judgment he
came to know only on June 8, 2018;
2. That said judgment is based solely on the evidence presented by
the plaintiff, as the defendant-petitioner herein was declared in
default;
3. That the petitioner could not possibly have answered plaintiff’s
complaint and gone to trial because of an accident confining him to
the hospital for 2 months;
4. That this petition is being filed within sixty days after the
petitioner learned of the above judgment and not more than six
months after such judgment was entered;
5. That the petitioner has a good and substantial defense in this
action;
6. That a preliminary injunction is necessary, pending these
proceedings, in order to preserve the rights of the parties.
WHEREFORE, it is respectfully prayed, that pending these
proceedings, and upon petitioner’s filing of a bond in such sum as this
Honourable Court may fix, a preliminary injunction be issued herein,
restraining the plaintiff and his agents and attorneys, from enforcing the
above judgment, until further orders from this court; and that after due
hearing, the above judgment be set aside and a new trial be held on the
merits.
40
ATTY. LEAH ZAMORA
VERIFICATION AND CERTIFICATE OF NON-FORUM

SHOPPPING
I, ANALIZA ESPERANZA, of legal age, Filipino, married, and a

resident of Brgy. III, Lipa City, Batangas, Philippines, after having been
duly sworn to in accordance with law, hereby, depose and say:
1. That I am the plaintiff in the above-entitled case and have caused this
complaint to be prepared; that I read and understood its contents
which are true and correct of my own personal knowledge and/or
based on authentic records;
2. That I have not commenced any action of proceeding involving the

same issue in the Supreme Court, the Court of Appeals or any other
tribunal or agency; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals or
any tribunal or agency, and that, if I should learn thereafter that a
similar action or proceeding has been filed or is pending before these
courts of tribunal or agency, I undertake to report that the fact to the
Court within five (5) days therefrom.
IN WITNESS WHEREFOR, I have hereunto set my hand this 17 th day

of April, 2018.
ANALIZA ESPERANZA
Affiant
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION FOR RECONSIDERATION
(to Set Aside Order of Default and
to Admit Attached Answer)
DEFENDANT, assisted by the Public Attorney's Office through the

undersigned counsel, most respectfully states that:
1. Defendant was declared to be in default on April 11, 2018 when she

failed to file her answer within the reglementary period. Herein
attached as Annex "1" is the said Order.
2. Defendant begs for a reconsideration of the said Order for the reason

that she did not receive a copy of the complaint nor any summons
from this Honorable Court regarding the above cited case. She only
received on April 23, 2018 a copy of the Order dated April 11, 2018,
already declaring her in default. She immediately sought assistance
from the Public Attorney's Office to avail of any remedies.
3. In the interest of substantial justice and for the reason earlier

stated, defendant begs the compassion of this Honorable Court to
admit her attached Answer. Delay in the proceedings of this case was
never intended.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court to set aside the Order of default and to admit the attached
Answer.
Other just and equitable remedies are likewise prayed for.
40
ATTY. LEAH ZAMORA
NOTICE OF HEARING

approval of the Honourable Court on Friday, May 7, 2018 at 8:00 A.M. or
ATTY. LEAH ZAMORA

COPY FURNISHED:
40
Branch 1, Lipa City

Plaintiff,

For: Sum of Money
ANALIZA ESPERANZA
Defendant.
x--------------------------------------x
MOTION FOR EXECUTION OF JUDGMENT
COMES NOW Plaintiff, by counsel and unto this Honorable Court, most
respectfully states:
1. That on _____________, the Honorable Court rendered decision on
the above-captioned case, ordering as follows:
Wherefore, this Court ordered the following:
a. The sum of One Million Pesos (Php1, 000,000.00) plus interest at
the rate of five percent (5%) per month as stipulated in the
promissory note;
b. Moral damages for (Php50,000.00);
c. Attorney’s fees amounting to One Hundred Thousand Pesos (Php
100,000.00); and
d. Litigation expenses amounting to Twenty Thousand Pesos
(Php20,000.00).
2. That inquiry into the records of this case with this Honorable Court
shows that no appeal has been taken from the said decision after it has
been rendered by the Honorable Court;
3. That the reglementary period for appeal has already expired, and said
decision is now final, unappeasable and executory.
PRAYER
WHEREFORE, it is respectfully prayed that an order of execution of

the above judgment be issued.
ATTY. LEAH ZAMORA
40
NOTICE OF HEARING

approval of the Honourable Court on Friday, May 7, 2018 at 8:00 A.M. or
ATTY. LEAH ZAMORA

COPY FURNISHED:
COURT OF APPEALS
40
Manila

Appellant,

For: Sum of Money
ANALIZA ESPERANZA
Appellee.
x--------------------------------------x
NOTICE OF APPEAL
COMES NOW the defendant by the undersigned attorney, and hereby

files notice of appeal from the judgment of the Honourable Court in the
above-entitled case, dated January 1, 2017 a copy of which was received by
him on January 10, 2017, and appeals the same to the Court of Appeals.
ATTY. LEAH ZAMORA

COURT OF APPEALS
40
Manila

Appellant,

For: Sum of Money
ANALIZA ESPERANZA
Appellee.
x--------------------------------------x
RECORD ON APPEAL
BE IT REMEMBERED, that on the dates herein respectively mentioned,

the following proceedings were had in Branch 1 of the Regional Trial Court
of Lipa City:
1. That on _________, the plaintiff-appellee filed a complaint against the

defendant-appellant in the following:
(Copy of complaint)
2. That ____________, the defendant-appellant filed his answer to said

complaint, as follows:
(Copy of answer)
3. That after due hearing, the court on ___________ rendered the

following decision:
(Copy of decision)
4. That on _______________. The defendant-appellant filed a motion

for reconsideration of the following tenor:
(Copy of motion for reconsideration)
5. That on ____________, the court issued an order denying said motion

for reconsideration, to wit:
6. That on _____________, the defendant-appellant received notice of

the said order denying the motion for reconsideration and on
_________ filed a Notice of Appeal to the Supreme Court as follows:
40
(Copy of notice of appeal)
WHEREFORE, the defendant-appellant prays for the approval of this

Record on Appeal and that the same be transmitted to the Court of Appeal,
together with all the oral and documentary evidence give and presented at
the trial of the above-entitled case.
ATTY. LEAH ZAMORA

40
SUPREME COURT
Manila

Appellant,

For: Sum of Money
ANALIZA ESPERANZA
Appellee.
x--------------------------------------x
PETITION FOR REVIEW ON CERTIORARI
Petitioner in the above-entitled case, and unto this Honorable Court,

respectfully avers:
1. That the petitioner is Maria Clara San Diego and the respondent is
Analiza Esperanza;
2. That the following, in brief, are facts of this;
SUMMARY OF FACTS
(Here give a summary statement of the matters involved, in numbered
paragraphs, attaching copies of such matters necessary in the determination
of the legal issues to be raised, each copy must be marked as Annex “A”,
etc.)
3. The following assignment of errors had been made in the Court of

Appeals, to wit: ________________________________________;
4. That there are special and important reasons consisting mainly of

questions of law justifying a review by this Honorable Supreme Court
of the decision of the respondent Court of Appeals. Among said
reasons are the following:
REASONS FOR ALLOWANCE OF WRIT

(Here raise any question of law which must be distinctly set forth)
5. That attached to this petition is the certified copy of the decision of

the Court of Appeals herein sought to be reviewed, marked “Annex
___”, together with twenty (20) printed copies of the record of appeal.
40
WHEREFORE, it is respectfully prayed that this petition for writ of
certiorari be granted.
ATTY. LEAH ZAMORA

40

Legal Forms

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Forms

Uploaded by

Copyright:

Available Formats

FORM 1 – COMPLAINT FOR UNLAWFUL DETAINER

Republic of the Philippines

MARIA CLARA SAN DIEGO

-versus- Civil Case No.123456

1. That Plaintiff is of legal age, Filipino, single and with residence at

2. That Defendant is likewise of legal age, Filipino, single and with

5. By virtue of a contract of lease, the plaintiff leased unto the defendant

7. On February 7, 2018, the plaintiff sent a demand letter to vacate the

WHEREFORE, after hearing and trial, judgment is rendered in

1. To vacate the subject premises;

Lipa City, Philippines, April 17, 2018

ATTY. LOVELYN M. ATIENZA

Republic of the Philippines)

I, MARIA CLARA SAN DIEGO, Filipino, of legal age,

1. That I am the Plaintiff in the above titled case;

Lipa City, Philippines, April 17, 2018.

MARIA CLARA SAN DIEGO

SUBSCRIBED and SWORN to before me, this 17 th day of

Doc No. _____

Republic of the Philippines

MARIA CLARA SAN DIEGO

-versus- Civil Case No.123456

1. That Plaintiff is of legal age, Filipino, single and with residence at

2. That Defendant is likewise of legal age, Filipino, single and with

4. Upon expiration of the said contract, plaintiff informed the defendant

5. Despite said letter of demand which was repeated by oral demands,

WHEREFORE, after hearing and trial, judgment is rendered in

1. To vacate the subject premises;

Lipa City, Philippines, April 17, 2018

ATTY. LOVELYN M. ATIENZA

Republic of the Philippines)

I, MARIA CLARA SAN DIEGO, Filipino, of legal age,

1. That I am the Plaintiff in the above titled case;

3. I have not commenced any action or filed any claim involving

4. If I should learn that the same or similar action or claim has

Lipa City, Philippines, April 17, 2018.

MARIA CLARA SAN DIEGO

SUBSCRIBED and SWORN to before me, this 17 th day of

Doc No. _____

Republic of the Philippines

MARIA CLARA SAN DIEGO

-versus- Civil Case No.123456

Plaintiff, thru the undersigned Counsel, unto this Honorable Court,

1. That Plaintiff is of legal age, Filipino, single and with residence at

2. That Defendant is likewise of legal age, Filipino, single and with

5. That a photocopy of the said promissory note is hereto attached as

WHEREFORE, after hearing and trial, judgment is rendered in

1. To pay the plaintiff the unpaid balance amounting to Four Hundred

2. Attorney’s fees equivalent to Ten Percent (10%) of the total

4. Other just and equitable relief.

Lipa City, Philippines, April 17, 2018

ATTY. LOVELYN M. ATIENZA

Republic of the Philippines)

I, MARIA CLARA SAN DIEGO, Filipino, of legal age,

1. That I am the Plaintiff in the above titled case;

Lipa City, Philippines, April 17, 2018.

MARIA CLARA SAN DIEGO

SUBSCRIBED and SWORN to before me, this 17 th day of

Doc No. _____

Republic of the Philippines

MARIA CLARA SAN DIEGO

-versus- Civil Case No.123456

Defendant, thru the undersigned Counsel, unto this Honorable Court,