Legal Forms - Sample Form of Petition for Certiorari

CAPTION/TITLE PETITION PETITIONERS, by counsel, respectfully state that: 1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); 2. That (state the facts and circumstances under which the respondent tribunal, board or officer, exercising judicial functions) has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in the exercise of his judicial functions (including your arguments); 3. That (state that there is no appeal from such decision or any plain, speedy and adequate remedy in the ordinary course of law); 4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as Annex A, together with copies of all pleadings and documents relevant and pertinent thereto. 5. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received). WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued annulling the judgment or order herein complained of (with prayer for a preliminary injunction as the case may be, for the protection of the rights of petitioner pending such proceedings), and after due hearing, that judgment be rendered annulling or modifying the decision or order subject of this petition and the proceedings of (the defendant tribunal, board or officer), with costs against private respondent. ________ City, Philippines, this _____ day of _______2011 Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____ VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

Legal Forms - Sample Form of Petition for Quo Warranto

CAPTION/TITLE PETITION

PETITIONERS, by counsel, respectfully state that: 1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); 2. That (state fully and clearly the facts and circumstances showing that the defendant is in unlawful possession of a public office and that the plaintiff is entitled to hold the same) 3. That (state that the plaintiff has demanded of defendant to vacate the office in question and to deliver the same to the plaintiff, but the defendant unlawfully refused); WHEREFORE, it is respectfully prayed: 1. That a writ of quo warranto be issued ousting and altogether excluding the defendant from the office of _________; 2. That the plaintiff be declared entitled to said office and that he be placed forthwith in possession thereof; 3. That the plaintiff recovers his costs. ________ City, Philippines, this _____ day of _______2011 Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____ VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

Legal Forms - Sample Form of Petition for Prohibition

CAPTION/TITLE PETITION PETITIONERS, by counsel, respectfully state that: 1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); 2. That (state the facts and circumstances under which the respondent-tribunal, board or officer, exercising judicial functions, has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in the proceedings complained of); 3. That (state that there is no appeal from such act or any plain, speedy and adequate remedy in the ordinary course of law);

4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as Annex A, together with copies of all pleadings and documents relevant and pertinent thereto. 5. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received). WHEREFORE, it is respectfully prayed, that pending the proceedings in the action, a preliminary injunction be granted ordering the respondent _________ to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a Writ of Prohibition be issued commanding the said respondent to desist absolutely and perpetually from further proceedings (in the action or matter in question), with costs. ________ City, Philippines, this _____ day of _______2010. Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____ VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

m of Petition for Mandamus

CAPTION/TITLE PETITION PETITIONERS, by counsel, respectfully state that: 1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); 2. That (state the facts and circumstances under which the respondent-tribunal, board or officer) 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. That the petitioner has no other plain, speedy and adequate remedies in the ordinary course of law other than this action; 4. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received).

5. That the petitioner by reason of the wrongful act of the respondent has sustained damages in the sum of __________ pesos (Php___________); WHEREFORE, it is respectfully prayed, that after due notice and hearing, a Writ of mandamus be issued, commanding the respondent forthwith to: (here state the act required to be done, with damages and costs.) ________ City, Philippines, this _____ day of _______2011

Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____ VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

Legal Forms - Sample Form of Notice of Appeal

The defendant, (or plaintiff as the case may be) by counsel, hereby gives notice that he is appealing from the judgment of this Honorable Court in the above-entitled case, dated ___________, a copy of which was received by him on ________________, to the Court of Appeals. ________ City, Philippines, this _____ day of _______2011.

Name ______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. _________________________ MCLE Compliance (or Exemption) No._____ Copy furnished: _________________________________ Name and Address of adverse counsel PROOF OF SERVICE (affidavit of service by mail)

Legal Forms - Sample Form of Motion to Lift Order of Default

1. That ten (10) days after the summons of the complaint was received by this defendant, she filed a motion to dismiss;

2. That plaintiff had not filed any opposition to said motion and no hearing was held on said motion to dismiss; 3. That while the said motion to dismiss was still pending, this Honorable Court declared defendant in default; and That said order declaring defendant in default is premature and without legal basis since there is still a pending motion to dismiss.

Legal Forms - Sample Form of Motion to Dismiss 2

Republic of the Philippines National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39, Quezon City LAKI ASSET COMPANY, Plaintiff, - versus 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 THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following: 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. 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. (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] REQUEST FOR & NOTICE OF HEARING Civil Case No. 3333 For: Sum of Money

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. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City PLUS: Proof of Service
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Legal Forms - Sample Form of Motion to Dismiss

Defendant, by counsel, respectfully moves that the complaint be dismissed on the following grounds: (Here mention one or more grounds provided for in Rule 16, Rules of Court: Lack of Jurisdiction, Payment; Novation; Prescription; lack of Capacity) ARGUMENTS (Here set forth the reasons in support of the grounds mentioned) PRAYER WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Legal Forms - Sample Form of Motion to Declare Defendant in Default

1. Plaintiff filed this Complaint against defendant on _________; summons were served on defendant on _________ as indicated by the Sheriffs return of even date, a copy of which is attached as Annex A; 2. Defendants reglementary period to file Answer ended on ________; no motion for extension of such period was filed nor was any granted motu propio 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. 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. COMMENT ON THE PROSECUTIONS FORMAL OFFER OF EVIDENCE THE ACCUSED, by counsel, respectfully opposes the Prosecutions Offer of Evidence for the following reasons: Exhibit A, the sworn statement of A, the private complainant, and Exhibit A -1, his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination, thus, the document is hearsay and inadmissible. Exhibit B, the post-dated check dated ________, issued by the accused in the amount of __________________; Exhibit B-1, the dorsal side of the check with notation DAIF, Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented; and no basis for the presentation of secondary evidence laid. ACCORDINGLY, the ACCUSED respectfully submits that the prosecutions Exhibits are INADMISSIBLE and must, thus, be EXCLUDED. ________ City, Philippines, this _____ day of _______2011. Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____ Copy furnished: ________________ Public Prosecutor _________________ Private Prosecutor

Legal Forms - Sample Form of Complaint for Interpleader

CAPTION AND TITLE

COMPLAINT 1. Averment of names, personal circumstances and residences of the parties; 2. That on December 18, 2000, XYZ took a life insurance policy for P2 million from the plaintiff and that the primary beneficiary designated was simply wife; 3. That said XYZ died intestate on June 30, 2008; 4. That both defendants, claiming to be the wife of XYZ, filed their respective claims with the plaintiff; 5. That the plaintiff is ready, willing and able to pay the proceeds of such insurance policy, however, it has no means of knowing definitely to whom as to the two defendants payment should be made; 6. That defendants should interplead and litigate their conflicting claims to the insurance proceeds. PRAYER WHEREFORE it is respectfully prayed that judgment issue: 1. Ordering defendants to interplead and litigate their conflicting claims between them; 2. Ordering the deposit with this Honorable Court the insurance proceeds and that the plaintiff be discharged from whatever claims that may be had against it relative to the life insurance policy of XYZ. Other just and equitable reliefs are also prayed. PLACE AND DATE COUNSELS NAME, ADDRESS, etc. VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

Legal Forms - Sample Form of Complaint for Replevin

COMPLAINT Plaintiff, by counsel, respectfully alleges: 1. That both the plaintiff and the defendant are of age and residents of ______________; 2. That said plaintiff is the lawful owner of a personal property, namely, _____________, valued at _____________ and more particularly described as follows: (description of property) 3. That on or about the ____ day of _____, herein defendant borrowed said property from Plaintiff promising to return the same the next day;

4. That on _____, and for ten (10) days thereafter, the herein Plaintiff demanded for the return of the said property but despite repeated demands, said Defendant refused and still refuses the said property claiming that the same belongs to him; 5. That plaintiff, in accordance with the Rules of Court, hereby applies for an order for the delivery of said ________________- and hereby files the necessary affidavit and bond hereto attached, as Annex A and Annex B, respectively, and made integral parts of this application and complaint; 6. That the herein plaintiff is ready and willing to file a bond, executed to the defendant in double the value of the property stated above, for the return of the property to the Defendant if the return thereof be adjudged and for the payment to the Defendant of such sum as he may recover from the Plaintiff in the action. WHEREFORE, it is respectfully prayed: 1. That the property in question be ordered delivered to the plaintiff or if material delivery be not possible, that defendant be ordered to pay the plaintiff its actual value, namely the sum of _________. 2. That the defendant be made to pay the costs of this suit, and plaintiff be granted such other equitable relief consistent with law and equity. ________ City, Philippines, this _____ day of _______2011. Name ____________________________ Office Address ____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) IBP No. ____, ___ (date of issue) (chapter) VERIFICATION with CERTIFICATION OF NON-FORUM SHOPPING

Legal Forms - Sample Form of Complaint for Replevin

COMPLAINT Plaintiff, by counsel, respectfully alleges: 1. That both the plaintiff and the defendant are of age and residents of ______________; 2. That said plaintiff is the lawful owner of a personal property, namely, _____________, valued at _____________ and more particularly described as follows: (description of property) 3. That on or about the ____ day of _____, herein defendant borrowed said property from Plaintiff promising to return the same the next day; 4. That on _____, and for ten (10) days thereafter, the herein Plaintiff demanded for the return of the said property but despite repeated demands, said Defendant refused and still refuses the said property claiming that the same belongs to him;

5. That plaintiff, in accordance with the Rules of Court, hereby applies for an order for the delivery of said ________________- and hereby files the necessary affidavit and bond hereto attached, as Annex A and Annex B, respectively, and made integral parts of this application and complaint; 6. That the herein plaintiff is ready and willing to file a bond, executed to the defendant in double the value of the property stated above, for the return of the property to the Defendant if the return thereof be adjudged and for the payment to the Defendant of such sum as he may recover from the Plaintiff in the action. WHEREFORE, it is respectfully prayed: 1. That the property in question be ordered delivered to the plaintiff or if material delivery be not possible, that defendant be ordered to pay the plaintiff its actual value, namely the sum of _________. 2. That the defendant be made to pay the costs of this suit, and plaintiff be granted such other equitable relief consistent with law and equity. ________ City, Philippines, this _____ day of _______2011. Name ____________________________ Office Address ____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) IBP No. ____, ___ (date of issue) (chapter) VERIFICATION with CERTIFICATION OF NON-FORUM SHOPPING

Legal Forms - Sample Form of Demurrer to Evidence

Accused, __________________, through counsel, and pursuant to leave granted by this Honorable Court, in its order dated _____________ respectfully submits this motion to dismiss by way of demurrer to evidence and alleges that: THE INDICTMENT THE EVIDENCE FOR THE PROSECUTION ARGUMENTS (why the case should be dismissed; insufficiency of evidence should be among those enumerated showing why the same is insufficient) WHEREFORE, it is respectfully prayed that the case against the accused be dismissed.

Legal Forms - Sample Form of Legal Opinion

September 14, 2009

Mr. Rogelio G. Chan Milan Furniture Co., Inc.

245 Juan Luna Street Binondo, Manila Dear Mr. Chan: Here is the opinion that you requested. The facts, as I gather from you and your documents, are as follows: On May 12, 2008 you applied with the Century Bank in Binondo, Manila, on behalf of Milan Furniture Co., Inc., for a letter of credit, Annex A, covering its importation of hardwood from Vietnam. On arrival of the goods, the bank agreed to advance the payment of their price to your supplier. In turn, you executed a promissory note in the name of Milan Furniture, Annex B, undertaking to pay back the banks advance within three months of the date of the note. You also signed a trust receipt, Annex C, covering receipt of the goods. The trust receipt provided that, in case of the sale of the imported hardwood, Milan Furniture would turn over the proceeds of that sale to the bank to apply to your loan. Because Milan Furniture had been unable to pay its promissory note to the bank when it fell due, on October 17,2008 the lawyers of the bank sent you a demand letter, Annex D, requesting full payment of the debt of return of the goods. I understand that, on receipt of the letter, you tried to negotiate with the manager of the bank, offering to return the imported hardwood that you were yet unable to sell or use. But the bank manager rejected your offer, stating that the bank did not accept goods in payment of debts owed it. Since further negotiations also failed, the bank sent you a final demand for payment on December 4 under a threat of filing a criminal complaint for estafa involving the trust receipt that you executed in its favor. The question you pose is whether or not, under the above facts, you may be held liable for estafa under PD 115, the Trust Receipt Law, in relation to Section 1(b) of Article 315 of the Revised Penal Code. In my opinion, since the bank opted not to accept the goods even when you offered to return them on behalf of Milan Furniture, it should be deemed to have withdrawn its earlier demand from you to pay or return the goods covered by said Trust Receipt. Effectively, the bank chose to consider Milan Furniture to have already bought those goods, altogether removing the transaction from the coverage of Section 13 of the Trust Receipt Law. I base my opinion on the following: The relevant provision of the Trust Receipt Law or PD 115 provides: SEC.13. Penalty Clause.The failure of an entrustee to turn over the proceeds of the sale of goods, documents or instruments covered by a trust receipt to the extent of the amount owing to the entruster or as appears in the trust receipt or to return said goods, documents or instruments if they were not sold or disposed of in accordance with the terms of the trust receipt shall constitute the crime of estafa, punishable under the provisions of Article Three Hundred and Fifteen, Paragraph One (b), of Act Numbered Three Thousand Eight Hundred and Fifteen, as amended, otherwise known as the Revised Penal Code.xxx The related provisions of Section 1(b), Article 315 of the Revised Penal Code, under which the vi9olation is made to fall, states:

ART. 315. Swindling (estafa).Any person who shall defraud another by any of the means mentioned herein below xxx: 1. With unfaithfulness or abuse of confidence, namely: xxx xxx xxx b. By misappropriating or converting, to the prejudice of another, money, goods or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property. From the above, the following are the elements of estafa involving a trust receipt: 1. The entrustee received the goods under a trust receipt from the entruster under an obligation to turn over the proceeds of the sale of goods or to return said goods; 2. The entrustee misappropriated or converted the goods by failing to turn over the proceeds of their sale or to return said goods to the entruster; 3. The misappropriation or conversion is to the prejudice of the entruster; and 4. The entruster made a demand on the entrustee. One of the elements of estafa involving a trust receipt is that the entrustee [in this case, you or Milan Furniture] received the goods under a trust receipt from the entruster [in this case, Century Bank] under an obligation to turn over the proceeds of the sale of the goods or to return said goods. The Trust Receipt Law, PD 115, provides in Section 11 that the liability for estafa under paragraph 1(b) of Article 315 of the Penal Code arises in case of the failure of an entrustee to turn over th e proceeds of the sale of the goods or to return said goods. The trust receipt in this case, Annex A, echoes the above provisions of the Trust Receipt Law. Under it, Milan Furniture or you as its signatory, undertook to turn over to the BANK the proceeds of the sale of the goods1 or, in case on non-sale, to return the goods covered by this Trust Receipt to the BANK upon its demand. But the terms of the trust receipt does not end there. The trust receipt, Annex A, gives Century Bank an option not to accept the return of the goods. In effect, Century Bank could chose to regard such goods already sold to Milan Furniture even though the latter could and wanted to return them. The seventh paragraph f the Trust Receipt, Annex A, thus reads: We agree that the BANK is not obliged to accept any return of the goods under this Trust Receipt by us or to consider any return thereof if accepted or demanded by the BANK, as satisfaction of our indebtedness to the BANK. Century Bank in fact availed itself of the above option. It opted not to accept the goods even when you offered to return them. Consequently, Century Bank should be deemed to have withdrawn its earlier demand that you or Milan Furniture pay or return the goods covered by said Trust Re ceipt immediately. Effectively, Century Bank chose by its action to consider the subject goods sold to Milan Furniture, altogether removing the transaction from the coverage of Section 13 of the Trust Receipt Law. The essence of the crime of conversion or misappropriation is that the offender to whom money or goods has been entrusted has unfaithfully or with abuse of confidence failed to return what was merely entrusted to him and appropriated it for his own. Here, neither Milan Furniture nor you could be considered as having unfaithfully or with abuse of confidence misappropriated and converted the goods subject of the trust receipt.

Century Bank did not want those goods back. It had regarded them sold outright to Milan Furniture. The latters liability for the goods should, therefore, be considered purely civil. Moreover, Section 13 of the Trust Receipt Law provides that the failure of an entrustee to turn over the proceeds of the sale of the goods or to return said goods if they were not sold or disposed of in accordance with the terms of the trust receipt shall constitute the crime of estafa. The essence of the penal provision of the law, therefore, is that the entrusted [here, Century Bank] has entrusted the good to the entrustee [Milan Furniture or you] for him to sell. Once sold, the entrustee was to turn over the proceeds of the sale to the entruster. Section 13 does not embrace instances where the goods are turned over by the entrustor to the entrustee for the latters use in his own business. This is clear from the ruling of the Supreme Court in Colinares v. Court of Appeals that reads: Also, noteworthy is the fact that Petitioners are not importers acquiring the goods for re-sale, contrary to the express provision embodied in the trust receipt. They are contractors who obtained the fungible goods for their construction project. At no time did title over the construction materials pass to the bank, but directly to the Petitioners from CM Builders Centre. This impresses upon the trust receipt in question vagueness and ambiguity, which should not be the basis for criminal prosecution in the event of violation of its provisions. In this case, on May 12, 2008 Century Bank agreed with Milan Furniture to open a letter of credit (LC) on the latters behalf to cover a shipment of hardwood from Vietnam for use in its manufacture of furniture. Notwithstanding that Milan Furniture imported the hardwood in question so it could use them in manufacturing furniture, Century Bank made you, a representative of your company, sign a trust receipt that made it appear as if Century Bank had turned over the hardwood to Milan Furniture for it to sell to others and to turn over to the bank the proceeds of the sale. The Supreme Court has long condemned such practice. Thus, it said in the Colinares case: The practice of banks of making borrowers sign trust receipts to facilitate collection of loans and place them under the threats of criminal prosecution should they be unable to pay it may the unjust and inequitable, if not reprehensible. Such agreements are contracts of adhesion which borrowers have no option to sign lest their loan be disapproved. The resort to this scheme leaves poor and hapless borrowers at the mercy of banks, and is prone to misinterpretation, as had happened in this case. Eventually, PBC showed its true colors and admitted that it was only after collection of the money as manifested by its Affidavit of Desistance. That the transaction was a loan is made clear from paragraph 1 of the agreement for the opening of a letter of credit between Century Bank and MHTI, Annex A. It provides that, in consideration of the opening of the letter of credit on behalf of Milan Furniture in the amount of US$39,060, the latter undertook to pay the bank on demand for all drafts drawn against such letter of credit, with 13% per annum. The title to the goods never really passed to the bank. Century bank did not import them from Vietnam; it merely opened a letter of credit for the benefit of Milan Furniture. The supplier shipped the hardwood to Milan Furniture under the cover of that letter of credit. In short, Century Bank merely provided the loan that financed the shipment. Since the transaction was a loan, Milan Furnitures liability to Century Bank should only be regarded as civil. The criminal action against you must fail. It is but fair and the investigating prosecutor or the court should see the point.

A word of reservation: I base my opinion on the language of the laws involved as well as on settled judicial precedents. But, in the event the bank files criminal complaint against you, there is the chance, however small, that the public prosecutor may just decide to file it in court, subjecting you to the hassle, expense, and risk that criminal trials entail. But I am confident that, ultimately, you will be absolved. Please let me know if I can be of further service to you in this matter. Very truly yours, ANNA ELIZABETH A. DE DIOS

Legal Forms - Sample Form of Motion for Judgment on the Pleadings

[1] Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch ___ Manila [2] A, Plaintiff, - versusB, Defendant, X- - - - - - - - - - - - - - - -x Plaintiff, by counsel, respectfully states that: [3] 1. In the answer of the defendant filed on _________--- he admitted having signed the promissory note and merely interposed the defense that he was asking for time within which to pay the obligation; 2. Said answer does not tender any issue and in fact it can be read therefrom that defendant admitted his obligation. [4] WHEREFORE, it is respectfully prayed that this Honorable Court render judgment on the pleadings. [5]________ City, Philippines, this _____ day of _______2011 . Name ____________________________ Office Address ____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) IBP No. ____, ___ (date of issue) (chapter) MCLE Compliance No. [6] NOTICE OF HEARING [7] PROOF OF SERVICE (affidavit of service by mail) EXPLANATION ~end~ Civil Case No. ___

What are the parts of a motion: 1. Caption 2. Title of the case 3. Body of the motion o Note: The body of a motion usually has two parts: a. The ground for the motion b. The argument in support of the motion 4. Prayer 5. Place, date and signature 6. Notice of Hearing 7. Proof of Service

8. Legal Forms - Sample Form of Motion for New Trial

9. 10. Defendant/Plaintiff, by counsel, respectfully moves that the decision of this Honorable Court dated _________ and received on _________ be set aside and new trial be granted on the following grounds: 11. 12. (Here give the grounds provided for in Rule 37, Rules of Court; such as fraud, accident, mistake, or newly discovered evidence or excessive damages awarded) 13. 14. ARGUMENTS 15. (Here set forth the reasons in support of the ground/s mentioned) 16. 17. WHEREFORE, it is respectfully prayed that the decision of this Honorable Court be set aside and new trial be granted.

ple Form of Trial Memorandum

Republic of the Philippines REGIONAL TRIAL COURT National Capital Region Branch ___, Quezon City JONNA BUENO Plaintiff, For Damages - versus GLORIA SUPERMART, INC. Defendant. x---------------------x MEMORANDUM FOR PLAINTIFF Plaintiff, by counsel, respectfully states that: STATEMENT OF THE CASE Civil Case No. 27-112011

Plaintiff Jonna Bueno (hereinafter Jonna) filed the present action for damages against Defendant Gloria Supermart, Inc. (hereinafter Gloria Supermart). Jonna attributes the injuries suffered by her minor son to Gloria Supermarts gross negligence in failing to make its premises safe for customers, thereby making it liable under Art. 2176 and Art. 2180 of the Civil Code. Defendant maintain that whatever injuries and expenses that were incurred by the Bueno family can be attributed to Jonnas failure to supervise her child.

STATEMENT OF THE FACTS 1. On May 11, 2010, Jonna and her minor child, 5-year old Ricky, went to Gloria Supermart at around 10 a.m. in order to shop for groceries. 2. While negotiating the aisles in the supermarket, Rickys attention was captured by a small red ball that was rolling on the floor. Being but a child of tender years, possessed of the immature disposition of individuals of that age, it was no surprise that Ricky chased after the ball down the aisle and away from Jonna. 3. It was at this point that Ricky suddenly slipped and fell because he had stepped on a wet section of the aisle. Liquid syrup had seeped out from a bottle located on a nearby shelf and had formed a puddle on the floor. 4. Jonna immediately rushed to her sons side. Ricky was crying in pain and pointing to his right wrist. 5. Jonna called for help as there were no nearby store clerks. Rene Cstro (hereinafter Rene), the supermarket supervisor eventually came over from another aisle in order to help out. 6. There were no signs and devices that would warn shoppers that an area of the floor was wet. There were no nearby cleaners or janitors wiping up the liquid. In fact, the only nearby Gloria Supermart personnel was Rene in the next aisle and even he seemed unaware that a hazard existed on the other side of the shelves. 7. With the aid of Rene, Jonna managed to bring her child to the Philippine Orthopedic Hospital where Ricky was attended to by Dr. John Lim. Ricky was subjected to an x-ray and it was discovered that surgery was necessary in order to restore the position of a fractured bone in his right wrist. 8. Said surgery in fact took place and Ricky was thereafter required to stay overnight at the hospital for purposes of pain management and care. He was discharged the following day. 9. Ricky recovered the full use of his hand only after a period of 6 weeks. In that span of time, he moved with discomfort and difficulty, unable to use his hands. 10. Since the date of Rickys injury and even during his recuperation period, Jonna suffered the mental anguish, fright and serious anxiety of a mother who was confronted with the injury of a beloved child. 11. In addition to the physical suffering suffered by Ricky and the mental andemotional strain on Jonna, they were further aggrieved because they had to spend P22,840.00 in doctors fees, hospitalization expenses, and medicine, as evidenced by receipts, marked as ANNEX ____.

12. On the other hand, Gloria Supermart, through Rene, claims that it exercised proper diligence in making the premises safe and that ultimately Jonna was the one who failed to supervise Ricky. It denied liability for all damages.

ISSUES Given the foregoing facts and circumstances, the following issues are presented for discussion: 1. Whether or not Gloria Supermart may be held liable for the commission of a quasi delict under Art. 2176 and Art, 2180 of the Civil Code. 2. Whether or not Gloria Supermart may be held liable for damages. ARGUMENTS I. Gloria Supermart is liable for the commission of a quasi delict that was the proximate cause of Rickys injuries. A. The proximate cause of the injuries that Ricky suffered was the negligence ofGloria Supermarts employees. 1. Art. 2176 provides that whoever by act or omission causes damage to another,there being fault or negligence, is obliged to pay for damage done. In the case of Child Learning Center, Inc. v. Tagorio (G.R. No. 150920, Nov. 25, 2005), the Supreme Court stated that in order to establish a quasi-delict case under this provision, the plaintiff must prove by a preponderance of evidence: (1) the damages suffered by the plaintiff; (2) the fault or negligence of the defendant or some other person for whose acts he must respond; and (3) the connection of cause and effect between the fault or negligence and damages incurred. (supra) 2. All three conditions obtain in the present case. 3. It is undisputed that Ricky broke his wrist when he slipped and fell on a puddle of liquid syrup that was on the floor of Gloria Supermarts premises. It was the presence of this syrup that was the proximate cause of Rickys injury. Proximate cause is defined as that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. (Ramos v. C.O.L. Realty Corporation, G.R. No. 184905, Aug. 28, 2009). It is submitted that Ricky would not have fallen and broke his wrist if he had not slipped on the syrup. 4. The question now is, is his act of slipping on the syrup an accident or is thesyrups presence on the floor an act of negligence that may be attributed to Gloria Supermarts employees? If the proximate cause was an accident, clearly no liability can attach to Gloria Supremart. On the other hand, if the proximate cause is the latters negligence, it may properly held liable under the provisions of the Civil Code. 5. An accident pertains to an unforeseen event in which no fault or negligenceattaches to the defendant. On the other hand, negligence is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would do. (Jarco Marketing Corp. v. Court of Appeals, G.R. No. 129792, Dec. 21, 1999) 6. Applying the law to the present case, it is clear that Rickys injury was not caused by accident. As earlier mentioned, Ricky broke his wrist because he slipped and fell due to liquid syrup that was seeping from a bottle located on the supermarket shelves. Clearly, the liquid should not have been

on the floor as common sense would indicate that it posed a threat to even the most careful of individuals walking past. Anybody could have slipped and fallen on the syrup. 7. The mere presence of the syrup on the floor already negates Gloria Supermarts claim that it exercised proper diligence in making its premises safe. Based on its past experience as admitted by Rene, similar accidents have previously occurred. Thus, it could have easily foreseen that such an accident could happen again. Failure to take the proper precautions in guarding against such a mishap is an act of negligence on the part of Gloria Supermarts employees. 8. Specifically, Rene, as store supervisor, could have been more vigilant inpatrolling the aisles for spills or the presence of similar hazards. He failed the test for determining whether a person is negligent that was laid out by the Supreme Court in the case of Philippine National Construction v. CA (G.R. No. 159270, Aug. 22, 2005). The test in that case requires a person to act as a prudent man in a similar position and fails to take the proper precautions against foreseeable harm. He has already had 5 years of experience in handling the incidents of the supermarket and yet he did nothing. 9. Moreover, signs and warning devices which would inform shoppers that a hazard was present were noticeably absent. This oversight evidences even the want of ordinary care on the part of Rene and the other supermarket employees. 10. Rene and the other employees negligence in patrolling the aisles and placing prop er warning signs/devices is further supported by the fact that, as earlier mentioned: 1) similar accidents often happen, and 2) they knew that children often accompany their parents to the supermarket. Having advance notice of these facts, they cannot now claim that Rickys injury was an unforeseeable accident. B. Gloria Supermart may be held liable for the negligent acts or omissions of itsemployees under Art. 2180 of the Civil Code. 11. Art. 2180 provides that the obligation imposed by Art. 2176 is demandable notonly for ones own acts or omissions, but also for those of persons for whom one is responsible. Said article further provides that the owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. 12. Applying the foregoing to the present case, it is clear that Rene and other employees on duty that day were at that time in the service of Gloria Supermart, performing their regular functions and duties. 13. In order to escape liability for its employees negligent acts, Gloria Supermartmust show that it observed the diligence of a a good father of the family to prevent the damage. 14. Unfortunately, Gloria Supermart has failed to show that it exercised such degree of diligence in supervising Rene and the other employees. The testimonies on record do not show that it was store policy to take extra precautions against spills and other mishaps which occur in the ordinary course of a supermarket business. The testimonies on record also indicate an absence of institutional concern for the safety and well being of children that they knew often accompanied their parents in the store. In fact, Rene testified that children were the sole responsibility of their parents. While this may be true to a certain extent, considering that Art. 209 of the Civil Code provides that authority over minor children are with the parents, Gloria Supermart could have, by exercising ordinary care, prevented or at least minimized the possibility of mishaps occurring. The prevention and removal of hazards like the syrup on the floor is a duty that falls squarely within its area of

responsibility. Moreover, children cannot be held to the same exacting standards of diligence that are attributed to an adult. Children of tender years like Ricky, are obviously at greater risk from hazards. Despite Gloria Supermarts knowledge and awareness of childrens presence on its premises, it did not exercise the diligence of a good father of the family in making sure that it took extra care to supervise and instruct its employees in minimizing the risk. 15. All told, it is evident that all the conditions of a quasi delict obtain in the presentcase: Ricky suffered an injury which in the ordinary course of events would not have happened had it not been for the negligence of Gloria Supermarts employees in preventing the occurrence of spillages and other ordinary store incidents and subsequently, in not promptly cleaning up the spilled liquid syrup and in not placing signs and other warning devices. Gloria Supermart itself was liable for the acts of its employees because it failed to exercise the diligence of a good father of the family in making sure that it was company policy to take precautions against foreseeable accidents, including those that would involve children. Assuming there was such a policy it was negligent in supervising its employees to ensure that they adhered to such standards and policies. II. Gloria Supermart is liable for the payment of damages. 1. Art. 20 of the Civil Code provides that every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. Moreover, Art. 2176 also obliges the party responsible for the quasi delict to pay for the damage done. Here, the negligence of Gloria Supermart has been clearly established. Hence, it cannot escape liability for the payment of damages. A. Gloria Supermart is liable for the payment of actual damages. 2. Except as provided by law or by stipulation, one is entitled to an adequatecompensability for such pecuniary loss suffered by him as he has duly proved. (Art.2199, Civil Code) 3. Jonna incurred P22,840 in doctors fees, hospitalization expenses and medicine, which are properly documented by receipts (ANNEX A). These expenses would not have been incurred had the accident not happened as a result of Gloria Supermarts negligence in making sure that its premises were safe and secure. B. Gloria Supermart is liable for the payment of moral damages. 4. Moral damages include physical suffering, mental anguish, fright, seriousanxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. (Art. 2217, Civil Code) The article further provides that though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendants wrongful act or omission. (supra) 5. The facts bear out the claim that Jonna suffered mental anguish, fright and serious anxiety when she saw her son injured and in pain. Her emotional and mental state is directly connected with the fact that her son slipped, fell and broke his wrist due to the negligence of Gloria Supermart and its employees. 6. A mother is naturally concerned over the health and well being of her child. Hence, one can only imagine the suffering that she had to go through when she saw her child slip and fall, undergo surgery and continue to suffer pain and discomfort for 6 weeks after he was discharged from the hospital.

7. Ricky himself had to endure a significant amount of physical suffering as a resultof his broken wrist. Moral damages can also be recovered for such injuries suffered as a consequence of quasi delict because the law (Art. 2219, Civil Code) treats it as an analogous circumstance to those instances in Art. 2217 for which moral damages may be properly claimed. 8. Note that in addition to the pain he suffered on the day of the injury, such painlasted even up to 6 weeks after the surgery, during which time, he had limited range of movement in his hands and was also forced to deal with a significant amount of discomfort. C. Even assuming there was also negligence on the part of Jonna, such was only contributory and will not negate the award of damages. 9. The proximate cause of Rickys injury and the Bueno familys subsequent suffering is still Gloria Supermarts negligence. 10. Hence, Gloria Supermart should still be primarily liable for the payment of damages. 11. Assuming Jonna should have taken greater care in looking after Ricky, this stilldoes not make her negligence the proximate cause because an accident would still not necessarily have occurred without the efficient intervening cause of the liquid on the floor. 12. Contributory negligence, if there is any, will only serve to reduce the damages that may be recovered by Jonna. PRAYER WHEREFORE, premises considered, it is respectfully prayed that judgment be rendered in favor of plaintiff and against defendant by: 1) FINDING Gloria Supermart liable for the commission of negligent acts under Art. 2176 & 2180 when it failed to maintain safe premises for its customers; causing injury to Ricky. 2) ORDERING Gloria Supermart to pay both actual damages of P22,840, and moral damages in an amount this Honorable Court finds just and reasonable under the circumstances. Other just and equitable remedies under the circumstances are likewise prayed for. Quezon City, November 27, 2011. (Sgd.) ATTY. REX BELTRAN Counsel for Plaintiff Address: IBP No: PTR No: Roll No: MCLE No: Copy furnished: ATTY EMIL SUNGA Counsel for Defendant EXPLANATION

In view of time and manpower restrictions, the above Memorandum was served viaregistered mail as personal service could not be availed of without causing undue hardship to plaintiff. (Sgd.) ATTY. REX BELTRAN Counsel for Palintiff

~end~ HOW TO WRITE A TRIAL MEMORANDUM: Note: Pre-work is indispensable to a substantial and convincing trial memorandum. It will do well for you, therefore, to go over the pleadings, the transcript of testimonies of the witnesses, and the documentary exhibits. Working on these materials, identify the legal dispute involved and based on it, draw up the principal issue in the case. From there, proceed to make an outline of the relevant facts that the opposing parties claim and pin point the issues that you need to address. (Abad, 2009) 1. HEADING 2. SUMMARY OF THE NATURE OF THE ACTION Determine what actions were filed by the plaintiff against the defendant and other proceedings which the parties have undergone prior to the filing of the present action. (Ibid.) 3. A SUMMARY OF THE FACTS OF THE CASE This refers to the transaction or event that brought about the legal dispute and the lawsuit as seen from the opposing points of view of the parties. (Ibid.) Read the materials and make an outline of the relevant facts of the case, arranging them the order of time and carefully narrating each if the parties version without veering towards any of the parties side. (Ibid.) Determine the legal dispute by ascertaining what right of a party the other has violated. Afterwards, study the laws and rules involved in such dispute. (Abad, 2009) 4. STATEMENT OF RELEVANT ISSUES THAT THE PARTIES PRESENT FOR RESOLUTION List down all the issues involved and identify the controlling issue or issues that, when resolved, will end the legal dispute.(Ibid.) 5. AN ORDERLY PRESENTATIONS OF THE ARGUMENTS THAT SUPPORT YOUR CLIENTS POSITION Rough out your argument on a paper, using the balance sheet format (Ibid.). You need to be guided by your proposition or where you stand on the issue. Draft out arguments against you as well as those arguments in your favor. Lastly, write your closing statement appealing to the good senses of the reader. Write up your memorandum introducing the issue/issues, arguments and closing statement. Edit your work to rid out of needless words. Below is the structure of a memorandum, opinion, brief, petition, comment, position paper, decision, or similar legal writing: (Ibid.) Statement of the Case Statement of the Facts Plaintiffs version of the facts Defendants version of the facts The issue or issues Body of Arguments

Relief (Source: UST Golden Notes 2011)

Legal Forms - Sample Legal Form Verification and Certification of Non-forum Shopping
Republic of the Philippines) City of _______________ )s.s.

(Person verifying) after having been duly sworn deposes and says: 1. That he is the (designation) in the above- entitled (name of pleading); that he has caused its preparation; that he has read it and the allegations therein are true of his own personal knowledge and based on authentic records; 2. That he certifies that he has not heretofore commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency, that to the best of his knowledge, there is no other pending action or claim, and that if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report such fact within five (5) days therefrom to this Honorable Court.

Party executing

JUAN DELA CRUZ NOTARY PUBLIC- Makati City Appointment No. ____ Until December 31, 2010 Roll no. ____ PTR no. ____, date of issue, place of issue IBP no. _____, date of issue, place of issue Office Address: Email: Contact Number: Doc. No._____; Page No. ____; Book NO.____; Series of 2011

Legal Forms - Sample Form of Motion to Intervene

NAME, by counsel, respectfully prays that he be permitted to intervene in this case as a party plaintiff/party-defendant on the ground that he has legal interest in the matter under litigation and that he may be adversely affected in these proceedings as shown in the attached Complaint-inIntervention/ Answer-in-Intervention. WHEREFORE, it is respectfully prayed that ______________ be allowed to intervene as party plaintiff/ party defendant and the attached complaint or answer in intervention be admitted and that herein intervenor be allowed to serve copy of the same to the plaintiff/defendant.