Louie - Forms

PLEADINGS, PETITIONS, MOTIONS AND OTHER
JUDICIAL AND LEGAL FORMS

(Revised 2007)
1
THEODORE O. TE
2
Intended for Exclusive Use of the University of the Philippines College of Law Bar
Examination Candidates for 200! the Law Interns of U"P" #$ce of Legal %id &UP'#L%(! and
the students in the author)s classes"
%ny other use! without permission of the author! is prohi*ited and all legal rights are
reserved"
1
These forms were first published in 1! for use in the "# $%w &%r Ops for th%t 'e%r.
2
(ssist%nt #rofessor %nd Dire)tor* "niversit' of the #hilippines Offi)e of $e+%l (id, $l.&.* ".#. (10), -r%teful
%).nowled+ement is +iven to /eli0 1%rie 1. -uerrero* $l.&. ".#. (200!* e2pe)ted) for inv%lu%ble %ssist%n)e in re3
form%ttin+* proofre%din+ %nd upd%tin+ of le+%l referen)es.
TABLE OF CONTENTS
+a*le of Contents ii
#n ,riting! Legally v
I" C#--#. /#0-1
%" Caption and +itle 2
B" Prayer 2
C" 3urat 2
4" 5eri6cation 2
E" Certi6cation against /orum 1hopping 2
/" Com*ined 5eri6cation and Certi6cation against /orum 1hopping 2
7" Com*ined 5eri6cation! Certi6cation against /orum 1hopping! and
1tatement of -aterial 4ates 8
9" 0e:uest for and .otice of 9earing 8
I" Proof of Personal 1ervice 8
3" Proof of service *y registered mail &with Explanation for failure to
serve personally( ;
<" Place! date! signature! address! 0oll num*er! IBP receipt num*er!
P+0 num*er ;
L" %c=nowledgement >
-" .otice of %ppeal >
II" PLE%4I.71 %.4 #+9E0 LE7%L 4#CU-E.+1 I. CI5IL P0#CE4U0E
%" Complaint &and other initiatory pleadings(
2" Complaint for e?ectment with damages @
2" Complaint for sum of money
8" Complaint for 0eplevin A
;" Complaint to set period of years for lease B
B" %nswer with a$rmative defenses and counterclaims
2" %nswer with compulsory counterclaim 20
2" %nswer with counterclaim and cross'claim 22
C" Pre'trial Brief 28
4" -otions
2" -otion to 4ismiss &with 0e:uest for and .otice of 9earing( 2>
2" -otion for leave of court to 6le pleading &with explanation for
service *y registered mail( 2@
8" -otion for 3udgment on the Pleadings 2
;" Ex parte motion to set for trial 2A
>" -otion for postponement 2B
@" -otion for extension of time 20
" -otion to declare defendant in default 22
A" -otion to lift order in default 22
E" 1pecial Civil %ctions
1. Certiorari (with Injunction and/or TRO) !rohi"ition and
#anda$u%
a" Certiorari 28
*" Prohi*ition 2;
i
i
c" -andamus 2>
2" Cuo warranto! Interpleader! Cuieting of +itle! and 4eclaratory
0elief
a" Complaint in Interpleader 2@
*" %ction to Cuiet &or 0emove Cloud on( +itle 2
c" %ction for 4eclaratory 0elief 2A
d" Cuo ,arranto 2B
III" PLE%4I.71 %.4 #+9E0 LE7%L /#0-1 I. C0I-I.%L P0#CE4U0E
%" Complaint'%$davit and Counter'%$davit
2" Complaint'%$davit 80
2" Counter'%$davit 82
B" Information and Complaint
2" Information &with Certi6cate of Preliminary Investigation or
In:uest(
a" Bigamy 88
*" +heft 8;
c" %ttempted 0ape 8>
d" /rustrated -urder 8@
C" -otions
2" -otion to Cuash Information 8
2" -otion to Cuash 1earch ,arrant 8A
8" -otion to 1uppress Evidence 8B
;" -otion for Bail ;0
4" %pplication for Bail ;2
I5" PLE%4I.71 %.4 #+9E0 LE7%L 4#CU-E.+1 C#--#. +# CI5IL %.4
C0I-I.%L P0#CE4U0E
%" #Der of Evidence and #ppositionEComment to #Der
2" /ormal #Der of Evidence ;2
2" CommentE#pposition to #Der ;8
B" 4emurrer to the Evidence
2" Criminal cases ;;
2" Civil cases ;>
C" .otice of Lis Pendens ;@
4" %ppearance as Counsel ;
E" ,ithdrawal as Counsel
2" ,ithdrawal with conformity of client ;A
2" ,ithdrawal without conformity of client ;A
/" 1u*stitution of Counsel ;B
7" .otice of %ppeal ;B
5" PLE%4I.71 %.4 LE7%L 4#CU-E.+1 #. 4#-E1+IC C%1E1 %.4
1PECI%L P0#CEE4I.71
%" Petition for 9a*eas Corpus >0
B" Petition for %doption >2
C" Petition for 4eclaration of .ullity of -arriage with %pplication for >2
i
i
Provisional #rders
4" Petition for Pro*ate of 9olographic ,ill >;
5I" 4EE41! C#.+0%C+1 %.4 #+9E0 C#0P#0%+E LE7%L 4#CU-E.+1
%" 1pecial Power of %ttorney >>
B" 7eneral Power of %ttorney >>
C" Contract of Lease >@
4" 9olographic ,ill >
E" .otarial ,ill >
/" %ttestation Clause for a .otarial ,ill >A
7" %c=nowledgement of a .otarial ,ill >A
9" 4onation Inter 5ivos >B
I" %c=nowledgment of .ominee 1tatus with %ssignment of 1hares @0
3" 1ecretary)s Certi6cate @2
<" Board 0esolutions
2" %uthority to %ct @2
2" Increase in num*er of directors and necessary amendment to the
%rticles of Incorporation @2
L" 4eed of %ssignment @2
-" 4eed of 1ale of 0egistered Land &unilateral( @8
." 4eed of 1ale of Unregistered Land &unilateral( @;
#" 4eed of 1ale with Pacto de 0etro &*ilateral( @>
P" 4eed of 0epurchase of land sold under Pacto de 0etro @@
C" 4eed of 1ale with -ortgage @
0" 4acion en Pago &4eed of %ssignment of 0eal Estate in payment of
de*t( @A
1" Chattel -ortgage @B
5II" %PPE%L1 %.4 #+9E0 0E1#0+1 +# %PPELL%+E C#U0+1 I. C0I-I.%L
%.4 CI5IL P0#CE4U0E
%" #rdinary %ppeals
2" in civil cases 0
a" from -+C &in original ?urisdiction( to 0+C &in appellate
?urisdiction( 0
*" from 0+C &in original ?urisdiction( to C% 0
2" in criminal cases
a" from -+C &as trial court( to 0+C &in appellate ?urisdiction( 0
*" from 0+C &as trial court( to C% 0
c" from 0+C &as trial court( to 1C 0
B" Petitions for 0eview
1. from 0+C &as appellate court( or from :uasi'?udicial agencies to
C% 2
2" from 0+C &on pure :uestions of law( or C% &in appellate
?urisdiction( to 1C 2
i
v
ON WRITING, LEGALLY
Therefore, its name was called Babel, because
there the Lord confused the language of all the
earth. Genesis, 11:9, ESV
4f brevit' is the soul of wit* wh%t now is to be)ome of l%w'ers (%nd l%w students) who
would non)h%l%ntl' write % 1003p%+e do)ument %nd d%re )%ll it % 5&rief67
The tr%dition%l notion of le+%l writin+ is th%t it is % )ompetition to put to+ether %s m%n'
four to five3s'll%ble words in % one3p%r%+r%ph senten)e. The l%n+u%+e of the l%w m'stifies %nd
with this )omes the power of the l%w'er. The more obs)ure %nd obtuse the l%n+u%+e* the +re%ter
the need for % l%w'er.
Histor' h%s +iven us m%n' l%n+u%+e h%ndi)%ps %nd obst%)les to )l%rit' %nd pre)ision.
Throu+hout four 'e%rs of l%w s)hool* the l%w student* who eventu%ll' be)omes % l%w'er* is
tr%ined to thin. in %r)h%i) words %nd phr%ses8le+%lese8whi)h %ppe%r to h%ve le+%l si+nifi)%n)e
but is %)tu%ll' too impre)ise to help %n'one underst%nd wh%t is +oin+ on. (nd to %dd to the
b%belish situ%tion* there %re hundreds of words in % de%d l%n+u%+e8$%tin8th%t h%ve little
relev%n)e to the )ontempor%r' world.
There is % se% )h%n+e* however* +oin+ on in le+%l writin+. 1ore %nd more* ple%ders %re
%s.ed to be )le%r %nd )on)ise* pre)ise not ped%nti). 9h' w%ste five words when three will do7
:
&ut )h%n+e* %s %lw%'s* is diffi)ult %nd p%inful. ;et* it is %n essenti%l response to tod%'<s evolvin+
le+%l profession. 4ndeed* when the most )ommon me%ns now of )ommuni)%tin+ is te2t* with its
own sub)ulture %nd lin+o* there must be % re3e2%min%tion of the %r)h%i) m%nner b' whi)h le+%l
writin+ presents itself.
9h%t this short introdu)tion to the %))omp%n'in+ h%ndboo. of Pleadings, Petitions,
Motions and Other Legal and Judicial Forms see.s to do is to put forth the need to write )le%rl'
%nd )on)isel'* pre)isel' but not ped%nti)%ll'.
9hen % =ud+e<s %ttention sp%n is short %nd his b%).lo+ of re%din+ is lon+* the need to
write )on)isel'* )le%rl'* pre)isel' but not ped%nti)%ll' be)omes %bsolutel' )le%r.
9ritin+ )on)isel' %nd not ped%nti)%ll'* however* does not me%n th%t the le+%l writer
ou+ht to )ut )orners when it )omes to subst%n)e %s well %s form, the onl' thin+ th%t th%t
+u%r%ntees is % b%leful st%re %nd % rude dismiss%l from the =ud+e. >ot onl' must the writer .now
the %r+uments %nd the b%ses for his %r+uments* but she must %lso re%li0e th%t these %r+uments
need to be presented in % m%nner th%t is te)hni)%ll' suffi)ient.
:
1' f%vorite* %nd m%n' of m' students will %ttest to this* is the %bsolutel' %r)h%i) Comes Now, the Plaintiff, by the
undersigned counsel, unto this Honorable Court, resectfully states that! %s p%rt of ever' ple%din+. 9h' w%ste 1?
words* when @ will do* thusA Plaintiff, by counsel, resectfully states that!" The l%tter loses none of the le+%l
+r%vit%s but loses ever' bit of the %r)h%i) pretense th%t m'stifies the l%w %nd perpetu%tes the notion th%t l%'wers
.now wh%t the' %re doin+ e%)h %nd ever' time.
v
4t is hoped th%t the forms presented here* with )he).lists
B
of le+%l reCuirements %nd short
%nnot%tions* will provide the impetus for dem'stif'in+ le+%l writin+ %nd le+%l dr%ftin+. These
forms )ome from %)tu%l forms used in the %uthor<s pr%)ti)e* some from worth' opponents %nd
still some from tr%dition%l form boo.s* with upd%tes to fit the )urrent st%te of the Rules.
9hile this h%ndboo. w%s produ)ed* prim%ril'* with the b%r e2%minees %nd the l%w intern
or l%w student in mind* it is hoped th%t it mi+ht prove helpful %s well when Deptember ends
?
%nd
life* %s % l%w'er* be+ins in e%rnest.
#heodore O" #e
$oom %&', Malcolm Hall
(ni)ersity of the Philiines
*ugust +&&,
B
().nowled+ment is +iven to Atty. Alex M. Enri!e", ($l.&.* "#* 10) for the ori+in%l templ%te of the Ehe).lists*
whi)h h%ve been upd%ted to suit )urrent pr%)ti)e.
?
-ide -reen D%'* 59%.e 1e "p 9hen Deptember Ends6* whi)h h%s be)ome %n unoffi)i%l %nthem for b%r e2%minees
in the #hilippines.
v
i
I. CO##ON FOR#S
A. Ca&tion and Tit'e
0epu*lic of the Philippines
.ational Capital 3udicial 0egion
0E7I#.%L +0I%L C#U0+
Branch 2! -anila
FFFFFFFFFFFFFFFFFFFF!
PlaintiD!
'versus' Civil Case
.o"FFFFFFFFFFFFFFF
/or FFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFF!
4efendant"
x ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' x
B. !ra(er
P0%GE0
,9E0E/#0E it is respectfully prayed! after notice and hearing! that the defendant *e
ordered to pay the plaintiD the amount of #ne -illion Pesos &Php"2!000!000( for actual and
compensatory damages! /ifty +housand Pesos &Php">0!000( for moral damages! /ifty
+housand Pesos &Php">0!000( for exemplary damages! and /ifty +housand Pesos
&Php">0!000( for attorney)s fees"
#ther ?ust and e:uita*le reliefs are also prayed for"
C. )urat
1UB1C0IBE4 %.4 1,#0. +# *efore me in the City of FFFFFFFFFFFFFFF on this day of
FFFFFFFFFFFFFFFFF! a$ant exhi*iting *efore me his community tax certi6cate no"
FFFFFFFFFFFFFFF issued on FFFFFFFFFFFFFFFFFF at FFFFFFFFFFFFFFFFFFFFF"
&1gd"( ." #" +%0I#
.otary Pu*lic
Until FFFFFFFFFFFFFFFFFF
P+0 .o" FFFFFFFFFFFFFFF
Issued at FFFFFFFFFFFFFF
#n FFFFFFFFFFFFFFFFFFF
4oc" .o"
Page .o"
Boo= .o"
1eries of 200"
1
*. +eri,cation
5E0I/IC%+I#.
0epu*lic of the Philippines (
City of FFFFFFFFFFFFFFF ( s"s"
C"<" 9il6ger! after having *een duly sworn in accordance with law! deposes and
states thatH
2" 9e is the plaintiD in the pleadingEdocument entitled &pleadingEdocument *eing
veri6ed(
2" 9e has caused its preparation
8" 9e has read it and the allegations therein are true and correct of his own
=nowledge or *ased on authentic records"
&1gd"( C"<" 9IL/I7E0
!L-S. 3urat
NOTE. Pleadings re:uired to *e veri6ed
2" %ll pleadings under the 0ules of 1ummary Procedure
2" Complaints for
a" /orci*le entry
*" Unlawful detainer
c" 0eplevin
8" Complaints with application for in?unction or attachment
;" %nswer to complaint or counterclaim *ased on actiona*le documents
>" Petitions for
a" Certiorari
*" Prohi*ition
c" -andamus
d" 9a*eas Corpus
e" Change of .ame
E. Certi,cation a/ain%t Foru$ Sho&&in/
CE0+I/IC%+I#. %7%I.1+ /#0U- 19#PPI.7
C"<" 9il6ger! after having *een duly sworn in accordance with law deposes and states
thatH
2" 9e is the plaintiD in the case entitled &title of the case(I
2" 9e certi6es that he has not commenced any action or 6led any claim involving
the same issues *efore any other court! tri*unal or :uasi'?udicial agencyI
8" +o the *est of his =nowledge! there is no such pending action or claimI
;" If he should learn that a similar action or claim has *een 6led or is pending he
shall report such fact within 6ve &>( days from the discovery to this 9onora*le
Court"
&1gd"( C"<" 9IL/I7E0
!L-S. 3urat
F. Co$"ined +eri,cation and Certi,cation a/ain%t Foru$ Sho&&in/
5E0I/IC%+I#. J CE0+I/IC%+I#. %7%I.1+ /#0U- 19#PPI.7
I! C"<" 9il6ger! of legal age! do here*y state thatH I am the Chief Executive #$ce of
%lis 4i'yan Company and in such capacity! caused this Complaint to *e preparedI I have read
its contents and a$rm that they are true and correct to the *est of my own personal
=nowledgeI I here*y certify that there is no other case commenced or pending *efore any
court involving the same parties and the same issue and that! should I learn of such a case!
I shall notify the court within 6ve &>( days from my notice"
I. ,I+.E11 ,9E0E#/! I have signed this instrument on FFFFFFFFFFFFF"
&1gd"( C"<" 9IL/I7E0
!L-S. 3urat
2
0. Co$"ined +eri,cation Certi,cation a/ain%t Foru$ Sho&&in/ and
State$ent o1 #ateria' *ate%
5E0I/IC%+I#. J CE0+I/IC%+I#. %7%I.1+ /#0U- 19#PPI.7
I! C"<" 9il6ger! of legal age! do here*y state thatH I am the Chief Executive #$ce of
%lis 4i'yan Company and in such capacity! caused this Complaint to *e preparedI I have
received a copy of the [Order/Resolution/Decision] of the Court on 13 April 200! I have read
its contents and a$rm that they are true and correct to the *est of my own personal
=nowledgeI I here*y certify that there is no other case commenced or pending *efore any
I. ,I+.E11 ,9E0E#/! I have signed this instrument on FFFFFFFFFFFFF"
&1gd"( C"<" 9IL/I7E0
!L-S. 3urat
2. Re3ue%t 1or and Notice o1 hearin/
0ECUE1+ /#0 J .#+ICE #/ 9E%0I.7
+9E B0%.C9 CLE0< #/ C#U0+
-etropolitan +rial Court
CueKon City! Branch 8B
Please su*mit the foregoing -otion to the Court for its consideration and approval
immediately upon receipt hereof and =indly include the same in the court)s calendar for
hearing on /riday! 28 %pril 200 at AH80 in the morning"
%++ICU1 /I.C9
2 -oc=ingBird 1treet
+imog %venue! CueKon City
Please ta=e notice that counsel has re:uested to *e heard on /riday! 28 %pril 200 at
AH80 in the morning"
&1gd"( -I+C9 -C4EE0E
Counsel for 4efendant
2 +he /irm
Laguna 1treet! CueKon City
I. !roo1 o1 &er%ona' %er4ice
Copy furnished through personal serviceH
%tty" -itch -c4eere
Counsel for the 4efendant
2 +he /irm
:
). !roo1 o1 %er4ice "( re/i%tered $ai' (with E5&'anation 1or 1ai'ure to %er4e
&er%ona''()
Copy furnished through registered mailH
%tty" -itch -c4eere
2 +he /irm
0egistry 0eceipt .o" FFFFFFFF
Post #$ce FFFFFFFFFFFFFFFF
4ate FFFFFFFFFFFFFFFFFFFFF
ELPL%.%+I#.
+he foregoing &designation of pleading! motion! etc"( and its attachment were served
on %tty" -itch -c4eere *y registered mail instead of personal service as counsel for
petitioner only has one messenger and personal service would have resulted in the motion
not *eing 6led on time to the detriment of petitioner"
&1gd"( %++ICU1 /I.C9
%//I4%5I+
I! 9%0PE0 LEE! a messenger of %tty" %tticus /inch! with o$ce address at
FFFFFFFFFFFFFFFFFF! after *eing duly sworn! deposes and statesH
+hat on FFFFFFFFFFFFFFFFFFFFFF! I served a copy of the following pleadingsEpapers *y
registered mail in accordance with 1ection 20! 0ule 28 of the 0ules of CourtH
.ature of PleadingEPaper
FFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFF
in Case .o" FFFFFFFFFFFFFFFFF entitled FFFFFFFFFFFFFFFFFFFF *y depositing a copy in the post
o$ce in a sealed envelope! plainly addressed to &name of party or hisEher attorney( at
FFFFFFFFFFFFFFF with postage fully paid! as evidenced *y 0egistry 0eceipt .o"
FFFFFFFFFFFFFFFFFFFFF attached and with instructions to the post master to return the mail to
sender after ten &20( days if undelivered"
+# +9E +0U+9 #/ +9E /#0E7#I.7! I have signed this %$davit on 28 %pril 200! in
the City of -anila! Philippines"
&1gd"( 9%0PE0 LEE
%$ant
!L-S. 3urat
6. !'ace date %i/nature addre%% Ro'' nu$"er IB! recei&t nu$"er !TR
nu$"er
City of -anila! 28 %pril 200"
%tty" -itch -c4eere
2 +he /irm! Laguna 1treet!
CueKon City! -etro -anila
0oll .o"
IBP #0 .o"! date and place of issue
P+0 #0 .o"! date and place of issue
B
L. Ac7now'ed/$ent
City of -anila ( s"s"
BE/#0E -E! this 28
th
day of %pril! 200 in the City of -anila! Philippines! personally
appeared %++ICU1 /I.C9! with M5alid Identi6cation 4ocumentN &4river)s License .o" .2>'0'
00( issued *y the Mo$cial agencyN &Land +ransportation #$ce( on 20 3anuary 200!
=nown to me to *e the same person who executed the foregoing instrument! and who
ac=nowledged to me that the same is his free act and deed"
I. ,I+.E11 ,9E0E#/! I have set my hand and a$xed my .otarial seal on the day!
year and place written"
&1gd"( ." #" +%0I#
.otary Pu*lic
4oc" .o"
Page .o"
Boo= .o"
1eries of 200
NOTE. If the instrument consists of 2 or more pages! include the following after the 2
st
paragraphH
+his instrument! consisting of FFF pages! including the page on which this
ac=nowledgment is written! has *een signed on the left margin of each and every page
thereof *y FFFFFFFFFFF and his witnesses &if any(! and sealed with my .otarial seal"
NOTE. If the instrument conveys 2 or more parcels of land! include the following after the 2
st
paragraphH
+his instrument relates to the sale &or mortgage( of FFF parcels of land! and consists
of FFF pages including the page on which this ac=nowledgment is written! each and every
page of which! on the left margin! having *een signed *y FFFFFFFFFFFFFF and his witnesses &if
any(! and sealed with my .otarial seal"
#. Notice o1 A&&ea'
.#+ICE #/ %PPE%L
4efendant! %BC! *y counsel! respectfully appeals to this 9onora*le Court the
4ecision of the lower court dated 28 %pril 200! a copy of which he received on 2@ %pril
200"
CueKon City! 2 -ay 200"
2 +he /irm
?
II. !LEA*IN0S AN* OT2ER LE0AL *OC-#ENTS IN CI+IL !ROCE*-RE
A. Co$&'aint (and other initiator( &'eadin/%)
1. Co$&'aint 1or eject$ent with da$a/e%
819 0egional +rial Court
-E+0#P#LI+%. +0I%L C#U0+
CueKon City! Branch 88
%LI1 4I'G%. C#-P%.G!
PlaintiD!
Civil Case .o" 2222
' versus ' /orH E?ectment
G#<# .7%!
4efendant"
x ''''''''''''''''''''''''''''''''''' x
C#-PL%I.+
PL%I.+I//! *y counsel! respectfully states thatH
8:9 2" PlaintiD is a foreign corporation organiKed and existing under the laws of
/rance with *usiness address at 222 #cean 4rive! +una Compound! CueKon CityI 4efendant
is a /ilipino! of legal age! single and currently resident of 222 #cean 4rive! +una Compound!
CueKon City! where he may *e served with summons and other pertinent processes"
8;9 2" PlaintiD owns that property located at 222 #cean 4rive! +una Compound!
CueKon City which it leased to defendant under the terms and conditions stated in the
Contract of Lease dated 2 3anuary 200>! which contract expires on 82 4ecem*er 200@" %
copy of the contract is attached as %..EL %"
8" Upon expiration of the contract! plaintiD informed defendant of its intention not to
renew the lease as it would use the property for its *usiness expansionI plaintiD then as=ed
defendant to vacate the premises" % copy of plaintiD)s letter to defendant is attached as
%..EL B"
8<9 ;" 4espite demand duly made and received! defendant has refused to vacate the
premises and continues to occupy the property without plaintiD)s consent" Resort to the
"aran#ay conciliation syste$ proved useless as defendant refused to appear %efore the
&upon# 'a#apa$ayapa( A Certi)cation to *ile Action is attached as A++,- C"
>" 4efendant)s act of dispossession has caused plaintiD to suDer material in?ury
*ecause plaintiD)s *usiness expansion plans could not *e implemented despite the arrival of
machineries speci6cally leased for this purpose at the rental rate of U1O>00 per month"
4efendant)s continued occupation of the premises has also forced plaintiD to sue and to
incur legal expenses amounting to /ifty +housand Pesos &P>0!000"00("
8=9 ,9E0E/#0E! plaintiD respectfully prays for ?udgment in its favor *y ordering
defendant to vacate the property and peacefully turn over possession to plaintiD and for
defendant to pay plaintiD the amount of U1O8!>00 representing rentals on the machineries
for seven &( months and /ifty +housand Pesos &P>0!000"00( for %ttorney)s fees"
8>9 CueKon CityI 28 %pril 200"
8?9 &1gd"( %++ICU1 /I.C9
Counsel for PlaintiD
M%ddressN
!L-S.
2" 8@9 5eri6cation and Certi6cation against /orum 1hopping
2" 3urat
@
:. Co$&'aint 1or %u$ o1 $one(
819 0epu*lic of the Philippines
0E7I#.%L +0I%L C#U0+
Branch 202! -a=ati City
E1+% P%4#0%!
PlaintiD!
Civil Case .o" 000AA2
' versus ' /orH 1um of -oney
-%.77% 7%.+1#!
4efendant"
x '''''''''''''''''''''''''' x
C#-PL%I.+
8:9 2" PlaintiD is a /ilipino! of legal age! and resident of @>0 /or*es Par=! -a=ati
CityI defendant is also a /ilipino! of legal age and resident of @>2! /or*es Par=! -a=ati City!
where he may *e served with summons and other processes"
8;9 2" 1ometime in 3anuary 200> and over a period of six &@( months! defendant
*orrowed certain amounts from plaintiD" 4efendant promised to pay these amounts on an
installment *asis monthly" +hese amounts now total .ine 9undred +housand Pesos
&PB00!000"00("
8<9 8" 4espite repeated demands! *oth oral and written! defendant failed or has
refused to pay any amount to plaintiD as no installment payment has even *een made" %
copy each of plaintiD)s two &2( demand letters is attached as %..EL % and B"
;" 0esort to the Barangay Conciliation process proved fruitless as defendant failed to
appear! despite notice on him to appear" +hus! a Certi6cation to /ile %ction! a copy of which
is attached as %..EL C! was issued *y the Barangay Chairman"
>" 4efendant)s o*ligation is due and demanda*le and plaintiD is entitled to the
payment of the entire amount of .ine 9undred +housand Pesos &PB00!000"00( plus legal
interest"
@" By reason of defendant)s unreasona*le failure or refusal to pay his due and
demanda*le o*ligation! plaintiD was forced to engage the services of counsel to vindicate
his rights there*y committing himself to pay legal expenses amounting to /ifty +housand
Pesos &P>0!000"00("
8=9 ,9E0E/#0E! plaintiD respectfully prays for ?udgment in his favor through a
4ecision directing defendant to pay him .I.E 9U.40E4 +9#U1%.4 PE1#1 &PB00!000"00(!
with legal interest! as %C+U%L 4%-%7E1 and /I/+G +9#U1%.4 PE1#1 &P>0!000"00( as
%ttorney)s /ees"
8>9 CueKon City for -a=atiI 28 %pril 200"
8?9 &1gd"( %++ICU1 /I.C9
M%ddressN
!L-S. 8@9 5eri6cation and Certi6cation against /orum 1hopping
7
;. Co$&'aint 1or Re&'e4in
0E7I#.%L +0I%L C#U0+
Branch 202! -a=ati City
9U0+1 0E.+'%'C%0!
represented *y %<I. .%G%.!
PlaintiD!
Civil Case .o" 0000AA
' versus '
G#<# .7%!
4efendant"
x''''''''''''''''''''''''''''''''''' x
C#-PL%I.+
PlaintiD! *y counsel! respectfully states thatH
8:9 2" PlaintiD is the general manager of 9urts 0ent'%'Car with o$ces at -a=ati CityI
defendant is a +ongan! temporarily residing at Bayview 9otel! 0oxas Boulevard! -anila"
8;9 2" 9urts 0ent'%'Car is the registered owner of a 9onda C05 with license plate
num*er LL5'@>! which defendant! on 8 -arch 200>! rented from plaintiD for a period of one
&2( wee="
8<9 8" #n 2> -arch 200>! plaintiD demanded from defendant the return of the car
*ut defendant failed and refused to do so"
;" +he car has not *een ta=en for a tax assessment or a 6ne pursuant to law nor has
it *een seiKed on execution or attachment" Its present value is approximately .ine 9undred
+housand Pesos &PB00!000"00("
>" PlaintiD is ready! willing and a*le to give *ond in defendant)s name in dou*le the
value of the property for the return of the property to defendant should that *e ad?udged or
for the payment of such sum that defendant may recover from plaintiD in this action"
8=9 ,9E0E/#0E! plaintiD respectfully prays that the writ of replevin issue directing
the 1heriD or any other authoriKed o$cer to ta=e possession of the car and dispose of it in
accordance with the 0ules of Court and! after hearing! ?udgment *e rendered declaring
plaintiD to *e lawfully entitled to the possession of the car and sentencing defendant to pay
its value"
8>9 CueKon City for -a=ati CityI 28 %pril 200"
8?9 &1gd"( -I+C9 -C4EE0E
Counsel for the PlaintiD
M%ddressN
!
<. Co$&'aint to %et &eriod o1 (ear% 1or 'ea%e
0E7I#.%L +0I%L C#U0+
Branch 2@2! Pasig City
.%.7 UUP%!
PlaintiD!
Civil Case .o" 00222
' versus '
.%7P% P%UP%!
4efendant"
x '''''''''''''''''''''' x
C#-PL%I.+
8:9 2" PlaintiD and 4efendant are *oth /ilipino citiKens and of legal ageI plaintiD
resides at 2'%! CruK 1treet! Pasig City while defendant resides at 2 /risco 1treet! Pasig City!
where he may *e served with summons"
8;9 2" #n 2 3anuary 2008! defendant leased to plaintiD the premises at 2'% CruK
1treet! Pasig City for a monthly rental of #ne +housand Pesos &P2!000"00( to *e paid within
the 6rst 6ve &>( days of each month"
8" +here is no 6xed period for the lease agreement except that rentals are to *e paid
*y the month"
8<9 ;" PlaintiD has *een paying the rentals as they fall due each month! without fail"
9owever! on ; %pril 200@! defendant gave notice to plaintiD that he is terminating the lease
agreement *y the end of %ugust 200@"
>" Considering that the period of lease has not *een 6xed! this 9onora*le Court may
6x a longer period of time as the lessee has *een occupying the place for a period of three
&8( years" % period of two &2( years is reasona*le considering that the lessee has no place to
transfer to immediately and that he has introduced su*stantial improvements to the
premises amounting to /ifty +housand Pesos &P>0!000"00("
8=9 ,9E0E/#0E! it is respectfully prayed that this 9onora*le Court 6x a period of
years for the lease *etween plaintiD and defendant"
8>9 CueKon City for Pasig CityI 28 %pril 200"
8?9 &1gd"( %++ICU1 /I.C9
M%ddressN
B. An%wer with aAr$ati4e de1en%e and counterc'ai$

1. An%wer with co$&u'%or( counterc'ai$
819 0egional +rial Court
-E+0#P#LI+%. +0I%L C#U0+
Branch 88! CueKon City
%LI1 4I'G%. C#-P%.G!
PlaintiD!
Civil Case .o" 2222
' versus ' /or H E?ectment
G#<# .7%!
4efendant"
x ''''''''''''''''''''''''''''''''''' x
%.1,E0
&,ith C#U.+E0CL%I-(
4E/E.4%.+! *y counsel! respectfully states thatH
%dmissionsE4enials
8:9 2" 9e admits the contents of paragraph 2 only insofar as his personal
circumstances *ut speci6cally denies the contents insofar as plaintiD)s personal
circumstances for the reason stated in the %$rmative 4efenses *elow"
2" 9e admits the contents of paragraph 2 only where it states that a Contract of
Lease was entered into *ut speci6cally denies that the Contract rePects the true intent of
the parties as explained in the %$rmative 4efenses *elow"
8" 9e admits the contents of paragraph 8 only as to the fact that demand to vacate
was made *ut speci6cally denies its contents as to the truth of the reasons for the letter for
lac= of =nowledge su$cient to form a reasona*le *elief as to its truth or falseness""
;" 9e speci6cally denies the contents of paragraphs ; to @ for the reasons stated in
the %$rmative 4efenses *elow"
%$rmative 4efenses
8<9 >" 4efendant reiterates! repleads and incorporates *y reference all the foregoing
insofar as they are material and additionally su*mit that the Complaint should *e dismissed
*ecauseH
>"2" PlaintiD has no capacity to sue as it is a foreign corporation doing
*usiness in the Philippines without a license"
>"2" +he Complaint fails to state a cause of action as the Contract of
Lease &%..EL %( was! *efore its expiration! superceded *y a 4eed of %*solute
1ale where*y plaintiD sold to defendant the parcel of land in :uestion! a copy
of which is attached as %..EL 2"
Counterclaim
8=9 @" 4efendant reiterates! repleads and incorporates *y reference all the foregoing
insofar as they are material and additionally su*mit that he is entitled to relief arising from
the 6ling of this malicious and *aseless suit! as followsH
@"2" -oral 4amages amounting to #ne -illion Pesos
&P9P2!000!000E00( *ecause his name and reputation were *esmirched *y this
malicious and *aseless suit"
@"2" %ttorney)s /ees amounting to #ne 9undred +housand Pesos
&P200!000"00( *ecause he was compelled to secure services of counsel to
vindicate his legal rights"
8>9 ,9E0E/#0E! 4efendant respectfully prays that ?udgment *e rendered in his
favor *y dismissing the Complaint and granting defendant)s counterclaim *y awarding
defendantH &a( #ne -illion Pesos as -oral 4amages! and &*( /ifty +housand as %ttorney)s
/ees"
#ther ?ust and e:uita*le reliefs are prayed for"
1
0
8?9 CueKon CityI 28 %pril 200"
8@9 &1gd"( -I+C9 -C4EE0E
M%ddressN
8B C 1D9 5E0I/IC%+I#. J CE0+I/IC%+I#. %7%I.1+ /#0U- 19#PPI.7
I! G#<# .7%! of legal age! do here*y state thatH I am the defendant in the case 6led
*y %lis 4i'yan Company for e?ectmentI in response! I have caused the preparation of this
%nswer with CounterclaimI I have read its contents and a$rm that they are true and correct
to the *est of my own personal =nowledgeI I specifcally deny the genuineness and
due execution as well as the binding efect of the actionable documents pleaded
by plaintiifE I here*y certify that there is no other case commenced or pending *efore any
I. ,I+.E11 ,9E0E#/! I have signed this instrument on 28 %pril 200"
&1gd"( G#<# .7%
!L-S.
2" 3urat &I/ any document is denied(
2" 8119 Proof of 1ervice &personal service or service *y registered mail(
1
1
:. An%wer with counterc'ai$ and cro%%Fc'ai$
See /orm .o" B'2! supra! *ut add''
8=9 Crossclaim
" 4efendant reiterates! repleads and incorporates *y reference all the foregoing
insofar as they are material and additionally su*mit that he is entitled to indemnity andEor
contri*ution from co'defendant -%.77% 7%.+1# in the event that he is made lia*le to
plaintiD *ecause co'defendant -%.77% 7%.+1# acted as the duly authoriKed agent of
plaintiD in the sale of the property and! acting as such! received consideration! in the form of
the purchase price! from defendant"
8>9 ,9E0E/#0E! 4efendant respectfully prays that ?udgment *e rendered in his
favor *y
2" dismissing the Complaint! and
2" granting defendant)s counterclaim *y awarding defendant
a" #ne -illion Pesos &Php"2!000!000( as -oral 4amages! and
*" /ifty +housand Pesos &Php">0!000( as %ttorney)s /ees"
8" In the event that defendant is $ade lia%le to plainti. on the Co$plaint/ he further
prays that co0defendant 1A+22A 2A+'3O %e $ade lia%le to inde$nify defendant
in the sa$e a$ount under the Crossclai$"
8?9 CueKon CityI FFFFFFFFFFFFFFFFFF"
8@9 &1gd"( -I+C9 -C4EE0E
M%ddressN
!L-S.
2" 8B C 1D9 5eri6cation and Certi6cation against /orum 1hopping
2" 3urat &I/ document is denied(
8" 8119 Proof of 1ervice &personal service or service *y registered mail(
1
2
C. !reFtria' Brie1
0E7I#.%L +0I%L C#U0+
Branch B0! CueKon City
L%<I1% L%G%,!
PlaintiD!
Civil Case .o" B'82822
' versus '
L%<I1% 9I0%P!
4efendant"
x ''''''''''''''''''''''''''''''''''''' x
P0E'+0I%L B0IE/
4E/E.4%.+! *y counsel! respectfully su*mits her Pre'+rial Brief! as followsH
I" ,ILLI.7.E11 +# E.+E0 I.+# %. %-IC%BLE 1E++LE-E.+
%.4 P#11IBLE +E0-1 #/ %.G 1UC9 1E++LE-E.+
2"2" 1u*?ect to a concrete proposal that is fair and reasona*le and a reciprocal
manifestation of openness from plaintiD! defendant is open to the possi*ility of amica*ly
settling this dispute"
81 C :9 2"2" Pursuant to Ru'e 1@ o1 the 1BB? Ru'e% o1 Ci4i' !rocedure!
defendant respectfully su*mits that the desired terms of any amica*le settlement would
involve! 6rst! a clari6cation of the actual extent of any o*ligation due and owing to plaintiD
inasmuch as there is nothing to indicate defendant)s o*ligations to plaintiD and! second! a
schedule of payments"
II" B0IE/ 1+%+E-E.+ #/ CL%I-1 %.4 4E/E.1E1
2"2" PlaintiD see=s principally to recover the amount of +wenty +wo -illion Eight
9undred Eighteen +housand .ine 9undred /orty Eight Pesos and +hirty Centavos
&P9P22!A2A!B;A"80( with interest at twelve percent &22Q( arising allegedly from unpaid
orders delivered to defendant variously in 2BAB"
2"2" 4efendant resists plaintiD)s claims *ased on a failure to state a cause of action
*ecause of H
2"2"2" PlaintiD)s lac= of personality to sue and! therefore! not *eing the
real party in interest under Ru'e ; %ection : o1 the 1BB? Ru'e% o1 Ci4i'
!rocedureI
2"2"2" Extinguishment of the alleged claim made *y the entity
0egency /urniture"
2"8" 4efendant also interposed a compulsory counterclaim for +wo -illion Pesos
&P9P2!000!000"00( for moral damages and +wo -illion Pesos &P9P2!000!000"00( for
exemplary damages and #ne 9undred +housand Pesos &P9P200!000"00( as attorney)s fees"
III" /%C+1 %.4 #+9E0 -%++E01 %4-I++E4 BG +9E P%0+IE1
8;9 8"2" 4efendant admits only those facts stated in her %nswer! i"e"! her personal
circumstances! receipt of the demand letter dated 3anuary >! 2BB and her reply to the
demand letter"
8"2" 1u*?ect to a concrete proposal for stipulation of additional facts from plaintiD
during pre'trial or even thereafter! defendant admits no other facts stated in the Complaint"
I5" I11UE1 +# BE +0IE4
8<9 ;"2" 4efendant su*mits that the following issues put forward *y plaintiD are
su*?ect to proofH
;"2"2" PlaintiD)s personality to see= legal reliefI
;"2"2" PlaintiD)s entitlement to the amount claimedI
1
:
;"2" 4efendant su*mits that the following issues she put forward are su*?ect to
proofH
;"2"2" PlaintiD)s *ad faith in 6ling this suitI
;"2"2" 4efendant)s entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiD)s *ad faithI
5" E5I4E.CE
8>9 >"2" 4efendant intends to present the following witnessesH
>"2"2" 4efendant herself! who will testify on the true circumstances
leading to the 6ling of this suit against herI
>"2"2" %n employee of +opless Enterprises with personal =nowledge as
to the true circumstances *ehind the alleged o*ligations due and owing in
favor of plaintiD"
8=9 >"2" 4efendant reserves the right to present any and all documentary evidence
which shall *ecome relevant to re*ut plaintiD)s claims in the course of trial as well as any
other witnesses whose testimony will *ecome relevant to *elie plaintiD)s witnesses! if
necessary"
5I" 0E1#0+ +# 4I1C#5E0G
8?9 @"2" Considering the relatively simple issues presented! defendant does not
intend to avail of discovery at this time"
@"2" 1u*?ect! however! to a concrete and reasona*le re:uest for discovery from
plaintiD! defendant reserves the right to resort to discovery *efore trial"
0E1PEC+/ULLG 1UB-I++E4"
CueKon CityI 28 %pril 200"
M%ddressN
Copy furnishedH
%tty" -% B#L%
1
B
*. #otion%
1. #otion to di%$i%% (with re3ue%t 1or and notice o1 hearin/)
-E+0#P#LI+%. +0I%L C#U0+
Branch 8B! CueKon City
L%<I %11E+ C#-P%.G!
PlaintiD!
Civil Case .o" 8888
4%-I U+%.7 C#0P#0%+I#.!
4efendant"
x ''''''''''''''''''''''''''''''''''''''' x
-#+I#. +# 4I1-I11
4E/E.4%.+! *y counsel! respectfully moves to dismiss the Complaint on the ground
that the Complaint fails to state a cause of action as 819 +9E #BLI7%+I#. 1#U79+ +# BE
E./#0CE4 BG PL%I.+I// I1 .#+ GE+ 4UE %.4 4E-%.4%BLE! as shown *y the followingH
8:9 2" %llegedly! plaintiD has failed to reach the :uotas agreed upon under the
-ar=eting %greement dated 2 3anuary 200@I defendant now see=s to collect the sum of +,#
9U.40E4 +9#U1%.4 PE1#1 &P200!000"00(! representing the *alance of the proceeds due
plaintiD under the said -ar=eting %greement"
2" +he contract is for one &2( year and defendant is given that same period to reach
the :uota speci6ed thereinI the period of one &2( year has not expired" Conse:uently!
plaintiD)s claim is premature as there is yet no *reach of the -ar=eting %greement until the
period expires and the :uota is not attained" /or this reason! plaintiD)s Complaint states no
cause of action and must *e dismissed"
8;9 ,9E0E/#0E! defendant respectfully prays that the Complaint *e 4I1-I11E4 for
failure to state a cause of action"
M%ddressN
8<9 0ECUE1+ /#0 J .#+ICE #/ 9E%0I.7
+9E B0%.C9 CLE0< #/ C#U0+
-etropolitan +rial Court
Please su*mit the foregoing -otion to the Court for its consideration and approval
immediately upon receipt hereof and =indly include the same in the court)s calendar for
hearing on /riday! 2 %pril 200 at AH80 in the morning"
%++ICU1 /I.C9
2 -oc=ingBird 1treet
+imog %venue! CueKon City
Please ta=e notice that counsel has re:uested to *e heard on /riday! 2 %pril 200 at
AH80 in the morning"
2 +he /irm
!L-S. 8=9 Proof of 1ervice
1
?
:. #otion 1or 'ea4e o1 court to ,'e &'eadin/ (with e5&'anation 1or %er4ice
"( re/i%tered $ai')
1UP0E-E C#U0+
-anila
L%<I U+%.7!
Petitioner!
7"0" .o" FFFFFFFF
' versus '
4%-I LUP%!
0espondent"
x ''''''''''''''''''''''''' x
-#+I#. /#0 LE%5E
#/ C#U0+ +# /ILE 0EPLG ,I+9
-#+I#. +# %4-I+ %++%C9E4 0EPLG
PE+I+I#.E0! *y counsel! respectfully states thatH
819 2" Petitioner received a copy of respondent)s Comment to his petition on 8
3anuary 200@" +he Comment contains several allegations of fact and misinterpretations of
the record that may mislead the court and need to *e corrected" /or this reason! petitioner
intends to 6le a 0eply"
8:9 2" Under existing rules! a 0eply can no longer *e 6led as a matter of course"
Conse:uently! petitioner see=s leave of this Court to 6le the said 0eply! a copy of which!
pursuant to the 2BB 0ules on Civil Procedure! is attached to this motion"
8;9 ,9E0E/#0E! petitioner respectfully prays that he *e granted leave of court to
6le a 0eply and for the Court to admit the attached 0eply"
CueKon City for -anilaI > 3anuary 200"
&1gd"( %++ICU1 /I.C9
Counsel for the Petitioner
M%ddressN
!L-S.
2" 8<9 0e:uest for and .otice of 9earing
2" 8=9 Explanation for service *y registered mail
1
@
;. #otion 1or jud/$ent on the &'eadin/%
0E7I#.%L +0I%L C#U0+
L%<I1% L%G%,!
PlaintiD!
L%<I1% 9I0%P!
4efendant"
x ''''''''''''''''''''''''' x
-#+I#. /#0 3U47-E.+ #. +9E PLE%4I.71
PlaintiiD! *y counsel! respectfully states thatH
2" #n @ 3uly 200>! plaintiD sued defendant for a sum of money in the amount of .ine
9undred +housand Pesos &PB00!000"00("
81 C :9 2" In his %nswer! defendant admitted the o*ligation and merely stated that
he was as=ing to *e given an extension of time to pay his o*ligation *ut that plaintiD instead
6led this Complaint" +he %nswer admits the material allegations of the Complaint and has
not tendered any issueI conse:uently! a ?udgment on the pleadings may *e rendered"
8;9 ,9E0E/#0E! plaintiD respectfully prays a ?udgment on the pleadings *e rendered
in his favor"
&1gd"( %++ICU1 /I.C9
M%ddressN
!L-S.
2" 8=9 Proof of 1ervice
1
7
<. E5 &arte $otion to %et 1or &reFtria'
0E7I#.%L +0I%L C#U0+
L%<I1% L%G%,!
PlaintiD!
' versus '
L%<I1% 9I0%P!
4efendant"
x ''''''''''''''''''''''''' x
EL P%0+E -#+I#. +# 1E+ C%1E /#0 P0E'+0I%L
819 2" #n 2 3une 200@! defendant su*mitted her %nswer to the Complaint! there*y
causing the issues to *e ?oined"
8:9 2" +his case is! thus! ripe for pre'trial" Complying with 0ule 2A! 1ection 2 of the
2BB 0ules on Civil Procedure! plaintiD respectfully as=s that this case *e set for pre'trial"
8;9 ,9E0E/#0E! plaintiD respectfully prays that this case *e set for pre'trial on a
date convenient to this 9onora*le Court"
&1gd"( %++ICU1 /I.C9
M%ddressN
8<9 0ECUE1+ %.4 .#+ICE
+9E B0%.C9 CLE0< #/ C#U0+
0egional +rial Court
Please su*mit the foregoing to the Court for its approval immediately upon receipt
hereof"
Copy furnishedH
-I+C9 -C4EE0E! E1C"
2 +he /irm
Please ta=e notice that counsel has re:uested for the approval of the foregoing
motion immediately upon receipt"
&1gd"( %++ICU1 /I.C9
!L-S. 8=9 Proof of 1ervice
1
!
=. #otion 1or &o%t&one$ent
0E7I#.%L +0I%L C#U0+
4IL% +#0G!
PlaintiD!
Civil Case .o" 00AA
' versus '
P%1E. 1G#1#!
4efendant"
x ''''''''''''''''''''''''' x
-#+I#. /#0 P#1+P#.E-E.+
2" +his case is set for trial on > -ay 200 at AH80 in the morning"
819 2" #n said date and time! the undersigned counsel will *e una*le to appear
*efore this 9onora*le Court as he has also *een directed to appear on this date and time
*efore the 0egional +rial Court of -a=ati City! Branch 28B for RPeople of the Philippines v" Bil
-o=oS! Criminal Case .o" 00BBAA! where he is scheduled to terminate cross'examination of
the prosecution)s expert witness who will *e availa*le only on said date and time"
8:9 8" ,ithout impugning the importance of these proceedings! plaintiD respectfully
su*mits that his attendance in the -a=ati case *ecomes indispensa*leI otherwise! the
accused in said case would *e deprived of the opportunity to confront and cross'examine a
vital witness against her"
;" +his motion is prompted only *y the foregoing reason and not for delay"
8;9 ,9E0E/#0E! plaintiD respectfully prays that the trial scheduled on > -ay 200
*e P#1+P#.E4 to another date convenient to this 9onora*le Court"
M%ddressN
!L-S.
1
>. #otion 1or e5ten%ion o1 ti$e

0E7I#.%L +0I%L C#U0+
4IL% +#0G!
PlaintiD!
Civil Case .o" 00AA
' versus '
P%1E. 1G#1#!
4efendant"
x '''''''''''''''''''''''''''''''''''' x
-#+I#. /#0 EL+E.1I#. #/ +I-E
2" 9e has *een directed to 6le a 0eply to defendant)s %nswer *y 20 -ay 200"
81 C :9 2" +he undersigned counsel! however! anticipates his ina*ility to 6le the
0eply on or *efore the said due date *ecause of the tremendous pressure of other e:ually
urgent professional wor= re:uiring the preparation of pleadings and almost daily trial
appearances *efore the various courts within and outside -etro -anila" /or this reason! the
undersigned is constrained to as= for an additional 6fteen &2>( days from 20 -ay 200! or
until 2> -ay 200! within which to su*mit plaintiD)s 0eply"
8" +his motion is not intended for delay *ut is motivated only *y the foregoing
reason"
8;9 ,9E0E/#0E! plaintiD respectfully prays that he *e granted an additional 6fteen
&2>( days from 20 -ay 200! or until 2> -ay 200! within which to su*mit plaintiD)s 0eply"
M%ddressN
!L-S.
2
0
?. #otion to dec'are de1endant in de1au't
0E7I#.%L +0I%L C#U0+
%.%<I. 1<G,%L<E0!
PlaintiD!
Civil Case .o" 000B0B
' versus '
P%4-E %-I4%L%!
4efendant"
x '''''''''''''''''''''''''''''''''' x
-#+I#. +# 4ECL%0E 4E/E.4%.+ I. 4E/%UL+
2" PlaintiD 6led this Complaint against defendant on 2 -arch 200I summons were
served on defendant on 20 -arch 200! as indicated *y the 1heriD)s 0eturn of even date! a
copy of which is attached as %..EL %"
81 C :9 2" 4efendant)s reglementary period to 6le %nswer ended on > %pril 200I no
motion for extension of such period was 6led nor was any granted motu proprio *y this
9onora*le Court" 4espite the lapse of time! defendant has failed to answer the Complaint
against herI plaintiD is entitled to a declaration of default and the right to present evidence
ex parte against defendant"
8;9 ,9E0E/#0E! plaintiD respectfully prays that defendant *e declared in default
and that plaintiD *e allowed to present evidence ex parte *efore the Cler= of Court acting as
Commissioner"
CueKon CityI %pril 200"
&1gd"( 4%0+9 1I4I#U1
M%ddressN
!L-S.
2
1
@. #otion to 'i1t order o1 de1au't
0E7I#.%L +0I%L C#U0+
%.%<I. 1<G,%L<E0!
PlaintiD!
' versus '
P%4-E %-I4%L%!
4efendant"
x '''''''''''''''''''''''''''''''''' x
-#+I#. +# LI/+ #04E0 #/ 4E/%UL+
4E/E.4%.+! *y counsel! respectfully states thatH
2" /ive &>( days after service of summons and receipt of Complaint! she 6led a
-otion to 4ismiss on the ground that plaintiD)s claim is outside the ?urisdictional amount of
this 9onora*le Court under the new Expanded 3urisdiction %ct and that the Complaint should
properly *e 6led and tried *efore the -etropolitan +rial Court" +he -otion to 4ismiss! which
was received *y plaintiD)s counsel on 2> -arch 200! was set for hearing on 20 %pril 200!
as indicated on the R0e:uest for and .otice of 9earingS"
2" ,ithout waiting for the hearing on the -otion to 4ismiss! this 9onora*le Court
declared defendant in default on %pril 200 *ased solely on plaintiD)s -otion! 6led two &2(
days after the supposed lapse of the reglementary period! which! however! was tolled *y the
6ling of a -otion to 4ismiss"
81 C :9 8" Under the circumstances! the order of default is premature and without
legal and factual *asis asH &a( defendant has not failed to 6le an %nswer within the
reglementary period! &*( the reglementary period has not lapsed *ecause of the 6ling of the
-otion to 4ismiss within the period! and &c( the pendency of the -otion to 4ismiss is
pre?udicial to the issue of defendant)s default" Conse:uently! the order of default should *e
lifted"
8;9 ,9E0E/#0E! defendant respectfully prays that the #rder of 4efault against her
*e LI/+E4 and that this 9onora*le Court resolve her -otion to 4ismiss"
CueKon CityI A %pril 200"
&1gd"( #BI ,%. <E.#BI
M%ddressN
!L-S.
2
2
E. S&ecia' Ci4i' Action%
1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u%
a. Certiorari
&Caption and +itle(
PE+I+I#.
8:9 2" &3tate capacity of petitioner and respondent/s/ citi4enship/ status and
residence"(
2" &3tate the date on 5hich copy of Decision 5as received and/or Resolution on
1otion for Reconsideration/ if )led/ denied((
8;9 8" &3tate %rie6y the facts and circu$stances under 5hich the respondent/s
e7ercisin# 8udicial functions acted 5ithout/ or in e7cess of/ 8urisdiction or 5ith #rave a%use of
discretion a$ountin# to lac9 or e7cess of 8urisdiction((
;" &3tate entitle$ent to In8unction and/or 'RO/ i(e(/ [a] petitioner has a clear/ le#al
ri#ht/ [%] 5hich is threatened %y an act or o$ission of respondents/ [c] and that/ unless
restrained/ 5ill cause #rave and irrepara%le in8ury to petitioner( Alle#e also that petitioner is
ready to post a %ond in an a$ount to %e )7ed %y the Court conditioned upon the pay$ent
to respondents of any da$a#es su.ered arisin# fro$ the 5rit should petitioner %e found not
to %e entitled to the 5rit((
>" +here is no appeal from such decision or any plain or ade:uate speedy remedy in
the ordinary course of law! except this petition"
@" % certi6ed true copy &or duplicate original copy( of the 4ecision under review is
attached as %..EL %"
8<9 ,9E0E/#0E! it is respectfully prayed that a writ of certiorari *e issued
%..ULLI.7 the &act! decision or 6nding( for *eing in grave a*use of discretionI in the
interim! that a preliminary in?unction andEor temporary restraining order issue to E.3#I. any
further proceedings *y respondents"
CueKon CityI 819 3uly 200"
&1gd"( %++ICU1 /I.C9
M%ddressN
!L-S. 8=9 Com*ined 5eri6cation! Certi6cation against /orum 1hopping! and 1tatement of
-aterial 4ates
T 0ule @>! section @! par" 2 expressly ma=es 0ule >@! section 2 applica*le to petitions for
certiorari! mandamus and prohi*ition" 0ule >@! section 2 provides that 0ules ;@! ;A! ;B! >2!
>2 and >@ apply" 0ule ;@! section 8 provides that the &etition $u%t "e acco$&anied not
on'( "( a certi,ed true co&( o1 the jud/$ent or order 3ue%tioned "ut a'%o "(
G%uch $ateria' &ortion% o1 the record a% are re1erred to therein and other
docu$ent% re'e4ant or &ertinent thereto"S
2
:
". !rohi"ition
&Caption and +itle(
PE+I+I#.
8:9 2" &3tate capacity of petitioner and respondent/s/ citi4enship/ status and
residence"(
2" &If applica*le! state the date on 5hich copy of Decision 5as received and/or
Resolution on 1otion for Reconsideration/ if )led/ denied((
8;9 8" &3tate %rie6y the facts and circu$stances under 5hich the respondent/s
5hether e7ercisin# 8udicial or $inisterial functions acted 5ithout/ or in e7cess of/ 8urisdiction
or 5ith #rave a%use of discretion a$ountin# to lac9 or e7cess of 8urisdiction((
;" &3tate entitle$ent to In8unction and/or 'RO/ i(e(/ [a] petitioner has a clear/ le#al
ri#ht/ [%] 5hich is threatened %y an act or o$ission of respondents/ [c] and that/ unless
restrained/ 5ill cause #rave and irrepara%le in8ury to petitioner( Alle#e also that petitioner is
ready to post a %ond in an a$ount to %e )7ed %y the Court conditioned upon the pay$ent
to respondents of any da$a#es su.ered arisin# fro$ the 5rit should petitioner %e found not
to %e entitled to the 5rit((
>" +here is no appeal from such decision or any plain or ade:uate speedy remedy in
the ordinary course of law! except this petition"
@" % certi6ed true copy &or duplicate original copy( of the 4ecision under review is
attached as %..EL %"
8<9 ,9E0E/#0E! it is respectfully prayed that an in?unction or +0# *e issued
directing respondentEs to desist and refrain from further proceedings in the premises! and
that after due notice and hearing! a writ of prohi*ition issue directing respondentEs to desist
a*solute and perpetually from further proceedings &in the said action or matter("
&1gd"( %++ICU1 /I.C9
M%ddressN
-aterial 4ates
2
B
c. #anda$u%
&Caption and title(
PE+I+I#.
8:9 2" :3tate the capacity of petitioner and respondent/s and their addresses((
8;9 2" &3tate the facts and circu$stances 5here%y respondent/s unla5fully
ne#lected the perfor$ance of an act 5hich the la5 speci)cally en8oins as a duty resultin#
fro$ an o;ce/ trust or station/ or unla5fully e7cluded the petitioner fro$ the en8oy$ent of a
ri#ht or o;ce to 5hich the petitioner is entitled"(
8" Petitioner has no appeal from such decision or any plain or ade:uate speedy
remedy in the ordinary course of law! except this petition"
8<9 ,9E0E/#0E! it is respectfully prayed that! after due notice and hearing! a writ of
mandamus issue commanding respondentEs forthwith toH &state the act re<uired to %e done(!
with costs against them"
&1gd"( %++ICU1 /I.C9
M%ddressN
-aterial 4ates
2
?
:. Huo warranto Inter&'eader Huietin/ o1 Tit'e and *ec'arator( Re'ie1
a. Co$&'aint in Inter&'eader
.%LI LI+#!
PlaintiD!
1C% .o" FFFFFFFFFFFF
' versus '
U-% %7%, and I.% %7%,%.!
4efendants"
x ''''''''''''''''''''''''''''''''''''''' x
C#-PL%I.+
819 2" PlaintiD and defendants are all of legal ageI plaintiD resides at FFFFFFFFFFFFFFFF
while defendants reside at FFFFFFFFFFFFFFF and FFFFFFFFFFFFFFF! respectively! where they may
*e served with pertinent notices"
8:9 2" #n 2 3une 200! plaintiD found a 7old 0olex #yster watch! without =nowing
who its true owner is" +he watch is now in plaintiD)s possession" #n or a*out > 3une 2BBB!
defendants made similar representations to plaintiD as to ownership of the watch"
8" PlaintiD! who claims no interest in the watch! cannot determine the conPicting
claims of defendants and thus see=s to compel defendants to interplead and litigate their
several claims *etween themselves"
8;9 ,9E0E/#0E! it is respectfully prayed that this 9onora*le Court issue an order
directing defendants to interplead with one another to determine their respective rights and
claims and to allow plaintiD to recover his expenses for safe=eeping and the costs of this
suit! as )rst lien upon the su%8ect $atter of this action"
8<9 CueKon CityI 3uly 200"
8=9 &1gd"( %++ICU1 /I.C9
M%ddressN
!L-S. 8>9 5eri6cation and Certi6cation against /orum 1hopping
2
@
". Action to Huiet (or Re$o4e C'oud on) Tit'e
I. 0EH CUIE+I.7 #/ +I+LE #5E0 +9E
P0#PE0+G C#5E0E4 BG +C+ .#" 228;>
1C% .o" 28>
.%LI LI+#! as 1pecial %dministrator of the
Estate of the deceased 4%-I LUP%!
Petitioner!
U-% %7%,!
0espondent"
x '''''''''''''''''''''''''''''''''''''''''''''''' x
PE+I+I#.
819 2" 9e is the special administrator of the estate of the deceased 4%-I LUP%"
8:9 2" +he deceased! during his lifetime! executed a 4eed of 1ale of real estate in
favor of the respondent dated FFFFFFFFFFFFF! and particularly descri*ed! as followsH
&4escri*e property(
covered *y +C+ .o" 228;> in the 0egister of 4eeds of -a=ati" +he same is annotated on the
title as the only encum*rance thereon"
8" +he sale is 6ctitious and the 4eed of 1ale is forged! as shown *y a ?udgment in
Civil Case .o" 2;@A! a copy of which is attached"
;" +he existence of the alleged 4eed of 1ale is pre?udicial and in?urious to the title of
the lawful heirs of the deceased upon the said property" E:uity demands that the said 4eed
of 1ale *e surrendered and cancelled! as it is a cloud upon the title of the deceased and his
lawful heirs"
8;9 ,9E0E/#0E! petitioner respectfully prays that this 9onora*le Court render
?udgment in the Estate)s favor *y ordering the 4eed of 1ale surrendered and cancelled and
the cloud on +itle .o" 228;> removed"
8=9 &1gd"( -I+C9 -C4EE0E
Counsel for Petitioner
M%ddressN
2
7
c. Action 1or *ec'arator( Re'ie1
I.% %PI!
PlaintiD!
' versus ' Civil Case .o" 2;@A
+9E CI+G C#U.CIL
#/ CUEU#. CI+G!
4efendant"
x ''''''''''''''''''''''''''' x
C#-PL%I.+
819 2" PlaintiD is a /ilipino citiKen of legal age and resident of CueKon CityI
defendant is the City Council of CueKon City! the duly'constituted legislative *ody for
CueKon City! its mem*ers may *e served with notices at CueKon City 9all"
8:9 2" #n 2 %ugust 2BBB! defendant City Council passed #rdinance .o" 28;> ma=ing
it unlawful to operate cellular phone units while inside a moving vehicle and penaliKing any
violations with a 6ne of P2!000"00 for each oDense in addition to impounding of the cellular
phone unit" +he relevant portions of the #rdinance are! as followsH
&Cuote the relevant portions(
8" +he a*ove':uoted portion is am*iguous *ecause it leaves unfettered discretion to
the authorities to stop even urgent and important calls which may *e made only while the
person is in transit" It fails to consider that! due to the worsening tra$c conditions in -etro
-anila! ma?ority of *usiness is conducted in transit and over cellular phones" PlaintiD is a
lawyer who fre:uently has to dictate important pleadings over the phone while in transit due
to the worsening tra$c condition" +he #rdinance appears to *ar his doing so *ut plaintiD is
unaware of the limits of permissi*le action under the #rdinance"
;" Unless declaratory relief is granted! plaintiD will suDer grave and irrepara*le in?ury
*ecause he is unsure of the instances when he may lawfully use his cellular phone while in a
moving vehicle and when such use may lead to con6scation and a 6ne"
8;9 ,9E0E/#0E! plaintiD respectfully prays that this 9onora*le Court grant
declaratory relief and declare plaintiD)s rights and duties under the #rdinance"
8=9 &1gd"( %++ICU1 /I.C9
M%ddressN
2
!
d. Huo Iarranto
&Caption and title(
C#-PL%I.+
819 2" &3tate the capacity and address of %oth plainti. and defendant((
8:9 2" &3tate fully and clearly the facts and circu$stances sho5in# that defendant is
unla5fully occupyin# a pu%lic o;ce and that plainti. is entitled to hold the sa$e o;ce((
8" &3tate that plainti. has de$anded that defendant vacate said o;ce and deliver it
to plainti. %ut that defendant has unla5fully refused to do so(=
8;9 ,9E0E/#0E! plaintiD respectfully prays that a writ of :uo warranto issue ousting
and excluding defendant from occupying the o$ce of FFFFFFFFFFFF and declare that plaintiD
is entitled to the said o$ce and that he *e placed forthwith in possession thereof"
8=9 &1gd"( %++ICU1 /I.C9
M%ddressN
2
III. !LEA*IN0S AN* OT2ER LE0AL FOR#S IN CRI#INAL !ROCE*-RE

A. Co$&'aintFAAda4it and CounterFAAda4it
1. Co$&'aintFAAda4it
City of -a=ati ( s"s"
CO#!LAINTFAFFI*A+IT
819 I! #A SELAN! of legal age! /ilipino! 5ith assistance of counsel/ and 8:9 resident of
; Privet 4rive! +riple L 5illage! -a=ati! do here*y state under oath thatH
2" I am a mem*er of the +riple L 5illage 9omeowner)s %ssociation &R%ssociationS(
and was formerly a 4irector and Corporate 1ecretary of the %ssociation"
8;9 2" I accuse and here*y charge #R. #A IN0AJ! residing at > Privet 4rive! +riple
L 5illage! -a=ati! of violating %rticle 8>A of the 0evised Penal Code &1lander and #ral
4efamation(! committed against me when he pu*licly! maliciously and deli*erately uttered
defamatory remar=s against me during the Board -eeting of the %ssociation on 2 3anuary
200" +his is attested to *y the following exchange that transpired *etween -r" Ingay and
the other mem*ers of the Board in attendanceH
&Cuote Exchange(
%ttached as ANNEK A is a copy of the o$cial transcript of the meeting"
8" Prior resort to the Barangay conciliation system proved fruitless as -r" Ingay did
not retract his remar=s" Conse:uently! a RCerti6cation to /ile %ctionS was issued *y the
Barangay Chairperson! a copy of which is attached as ANNEK B"
;" +here is no other person named R-a 1elanS residing at +riple L 5illage nor is there
any other person named R-a 1elanS who has acted as Board -em*er of the %ssociation"
Conse:uently! -r" Ingay)s pu*lic and defamatory utterance was clearly a reference to me
and to no other"
>" -r" -a Ingay)s remar=s! calling me a swindler twice over! uttered in a pu*lic
meeting are clearly insulting and defamatory as they malign me and attri*ute to me a
criminal act! nature and predisposition" +here is! moreover! no dou*t that -r" Ingay)s use of
the word RswindledS was deli*erate as his explanation and clari6cation a few utterances
thereafter would show" -r" Ingay)s remar=s are also very serious as they cast aspersions on
my reputation! character and very person *efore my peers and fellow homeowners"
@" -r" Ingay)s remar=s have in?ured my name! reputation and character *efore my
neigh*ors and peers" ,hile my name! reputation and character are incapa*le of pecuniary
estimation as these are the result of a lifetime)s eDort to *uild a name! reputation and
character that my children and their children can *e proud to *ear! -r" Ingay cannot *e
allowed to simply go scot'free without *earing the conse:uences of his acts" /or this reason!
I a$ a'%o ho'din/ #r. #a In/a( 'ia"'e ci4i''( 1or de1a$in/ $e in the a$ount o1 One
#i''ion !e%o% (!1DDDDDD.DD) in no$ina' da$a/e% Fi4e 2undred Thou%and !e%o%
(!=DDDDD.DD) in $ora' da$a/e% and Fi4e 2undred Thou%and !e%o% (!=DDDDD.DD)
in e5e$&'ar( da$a/e%"
+# +9E +0U+9 #/ +9E /#0E7#I.7! I have signed this Complaint'%$davit on 28 %pril
200"
8<9 &1gd"( #A SELAN
Complainant'%$ant
8=9 1UB1C0IBE4 %.4 1,#0. +# BE/#0E -E this 28
th
day of %pril 200"
&1gd"( Investigating Prosecutor
8>9 CERTIFICATION
I 9E0EBG CE0+I/G +9%+ I 9%5E PE01#.%LLG EL%-I.E4 +9E %//I%.+ %.4 %-
1%+I1/IE4 +9%+ 9E 5#LU.+%0ILG ELECU+E4 %.4 U.4E01+##4 9I1 %//I4%5I+"
&1gd"( Investigating Prosecutor
:
0
:. CounterFAAda4it
City of -a=ati ( s"s"
C#U.+E0'%//I4%5I+
0eH I"1" .o" 2@28
819 I! #A LABO of legal age! 5ith assistance of counsel/ do here*y state under oath
thatH
2" I am the Chief of 1taD of the -ayor of CueKon City! and have *een occupying said
post since his election to the post in 2BBA" In said capacity! I am in charge of coordinating
the day'to'day aDairs and activities of his #$ce"
8:9 2" I recently learned that I have *een made a respondent in I"1" .o" 2@28! a
charge for estafa! 6led *y a certain #A 0-LAN0 on 2B 3anuary 200 *efore the #$ce of
the City Prosecutor for CueKon City"
8" +he charge is *ased on a supposedly unpaid account for the purchase of seven &(
.extel phone units *y a -r" -%.77% 7%.+1# of the CueKon City 0escue and Environmental
4istress Unit! which made the -ayor their 9onorary Chairman with no direct functionsI he
has *een supporting their activities 6nancially with voluntary contri*utions"
8;9 ;" +here is no truth to the allegations in -% 7UL%.7)s complaint" +here is no
factual nor legal *asis to charge me with estafa" +he Complaint must *e dismissed" +o re*ut
and contradict -% 7UL%.7)s malicious lies! I set forth the true circumstances leading to the
transaction *elowH
;"2" 1ometime last year! -s" 7ulang called the o$ce of the -ayor!
loo=ing for himI I informed her that he was not around" I too= a message from
her saying that she was a friend of the -ayor and that she was selling .extel
units and if we wanted to *uy units from her" I informed her that *oth the
-ayor and I had our units alreadyI she then told me if the -ayor could refer
her to prospective clients" ,hen the -ayor arrived! I relayed the message to
him"
;"2" Cuite coincidentally! -r" 7antso had called the -ayor as=ing if he
could assist in securing .extel units" +he -ayor as=ed me to call -s" 7ulang"
-r" 7antso and -s" 7ulang were a*le to meet! as a result"
;"8" #n that day! -s" 7ulang *rought the units to the -ayor)s #$ceI
she met with -r" 7antso inside the -ayor)s o$ce" +hey transacted *usiness
inside the -ayor)s #$ce and only passed *y my o$ce on their way out"
;";" 1ome time after that! -s" 7ulang phoned me and told me that -r"
7antso had not paid her the amount of P22!000"00 for the units" 1omewhat
em*arrassed *y this! I called -r" 7antso and told him to pay -s" 7ulangI he
assured me that he would pay her *ut that he ?ust needed to collect money
from the rest of the group"
;">" %fter persistent calls from -s" 7ulang telling me that -r" 7antso
had not yet paid! I gave her the telephone num*er of 7antso so that she could
?ust call him directly" But even then! I would still get calls from -s" 7ulangI and
when she started to get angry over the telephone! I set up an appointment for
-r" 7antso to meet with her at the #$ce"
;"@" +hereafter! I would still receive phone calls telling me that -r"
7antso had yet to payI I would follow up with -r" 7antso *ut he simply gave
me this promise that he would pay"
>" It is utterly inexplica*le that -s" 7ulang would hold me lia*le for estafa when all
that I did was to refer -s" 7ulang to -r" 7antsoI to a certain extent! I even exerted my *est
eDorts to see that -s" 7ulang was paid due simply to my great em*arrassment at the
prospect of *eing accused of referring a person who does not =now how to pay for an
o*ligation"
@" /or this reason! it is certainly incomprehensi*le that I should stand accused of
estafa *y -s" 7ulang" I &er1or$ed no act o1 deceit or 1raud a/ain%t her in orderin/
the unit%. I &er1or$ed NO ACT that e4en re$ote'( re%e$"'e% ANJ o1 the act%
&uni%hed under Artic'e ;1=" If at all! any cause of action is PU0ELG CI5IL in nature and
that lia*ility does not pertain to my personal account in the a*sence of a showing that I
:
1
*ene6ted from the .extel units &which -s" 7ulang does not even allege and cannot prove(I
any civil lia*ility should pertain to the #$ce of the -ayor! not to me"
" Considering the foregoing! I respectfully su*mit that there is no pri$a facie *asis
to conclude that the crime of Estafa or that any crime at all has *een committed" +he
Complaint against me should! thus! *e dismissed"
+# +9E +0U+9 #/ +9E /#0E7#I.7! I have signed this 1tatement on 8 /e*ruary
200"
8<9 &1gd"( -% L%B#
%$ant
!L-S.
2" 8=9 5eri6cation
2" 8>9 Certi6cation
:
2
B. In1or$ation and Co$&'aint
1. In1or$ation (with Certi,cate o1 !re'i$inar( In4e%ti/ation or In3ue%t)
a. Bi/a$(
&Caption(
PE#PLE #/ +9E P9ILIPPI.E1!
PlaintiD!
Criminal Case .o" 00>@
' versus ' /orH Bigamy
PI <U+I.!
%ccused"
x '''''''''''''''''''''''''''''''''''''''' x
I./#0-%+I#.
+he Undersigned accuses PI <U+I. of the crime of Bigamy! committed as followsH
+hat on or a*out 8 3uly 200@! in the City of CueKon and within the
?urisdiction of this 9onora*le Court! the said accused! *eing then legally
married to BIL -#<#! and without such marriage having *een legally
dissolved and thus valid and existing! did wilfully! unlawfully and felicitously
contract a second marriage with %1% ,% in the City of CueKon"
C#.+0%0G +# L%,"
ELLI#+ .E11
%ssistant City Prosecutor
CE0+I/IC%+E #/ P0ELI-I.%0G I.5E1+I7%+I#.
I here*y certify that a preliminary investigation in this case was conducted *y me in
accordance with lawI that I examined the Complainant and her witnessesI that there is
reasona*le ground to *elieve that the oDense charged had *een committed and that the
accused is pro*a*ly guilty thereofI that the accused was informed of the Complaint and of
the evidence su*mitted against him and was given the opportunity to su*mit controverting
evidenceI and that the 6ling of this Information is with the prior authority and approval of
the City Prosecutor"
ELLI#+ .E11
1UB1C0IBE4 %.4 1,#0. +# BE/#0E -E this B
th
day of %ugust 200@ in CueKon City"
%L C%P#.E
City Prosecutor
Bail 0ecommendedH P20!000"00
:
:
". The1t
&Caption(
PlaintiD!
' versus ' /orH +heft
<LEP+# -%.I%C!
%ccused"
x ''''''''''''''''''''''''''''''''''''''''''''' x
I./#0-%+I#.
+he Undersigned accuses <LEP+# -%.I%C of the crime of +heft! committed as
followsH
+hat on or a*out 8 3uly 200@! in the City of CueKon and
within the ?urisdiction of this 9onora*le Court! the said accused!
then 22 years old and without any =nown address! willfully!
unlawfully and feloniously! with intent to gain! without force
upon things or violence upon persons and without the
=nowledge and consent of -% %L%9%1! the owner! too= a gold
nec=lace studded with diamonds valued at #ne 9undred
+housand Pesos &P200!000"00( to the pre?udice of said owner"
C#.+0%0G +# L%,"
ELLI#+ .E11
CE0+I/IC%+I#. %1 +# C#.4UC+ #/ I.CUE1+
I here*y certify that the accused was lawfully arrested without a warrant and that!
upon *eing informed of his rights! refused to waive the provisions of %rticle 22> of the
0evised Penal Code and! for this reason! an In:uest was conductedI that *ased on the
complaint and the evidence presented *efore me without any countervailing evidence
su*mitted *y the accused! despite opportunity to do so! there is reasona*le ground to
*elieve that the accused has committed the crime of theft and should! thus! *e held for said
crimeI that this Information was with the prior authority of the City Prosecutor"
ELLI#+ .E11
1UB1C0IBE4 %.4 1,#0. +# BE/#0E -E this B
th
of %ugust 200@ in CueKon City"
%L C%P#.E
City Prosecutor
:
B
c. Atte$&ted Ra&e
&Caption(
PlaintiD!
' versus ' /orH %ttempted 0ape
-%EL 1I%!
%ccused"
x ''''''''''''''''''''''''''''''''''''''''''''' x
I./#0-%+I#.
+he undersigned accuses -%EL 1I% of attempted rape committed as followsH
+hat on or a*out @ 3une 200>! in CueKon City! the accused did then and
there wilfully! unlawfully and feloniously enter the house of 1E< 1EE! a
married woman! and 6nding that her hus*and was away! with lewd designs
and *y means of force and intimidation! commenced directly *y overt acts to
commit the crime of attempted rape upon her person! to witH while 1E< 1EE
was coo=ing lunch! the accused seiKed her from *ehind! threw her to the Poor!
raised her s=irt! pulled down her underwear and attempted to penetrate her
with his sexual organ and would have succeeded in doing so had not her loud
protests and vigorous resistance *rought her neigh*ors to her assistance!
causing the accused to Pee from the premises without completing all the acts
of execution"
C#.+0%0G +# L%, with the aggravating circumstance of dwelling"
ELLI#+ .E11
!L-S. Certi6cation of Preliminary Investigation or In:uest
:
?
d. Fru%trated #urder
&Caption(
PlaintiD!
' versus ' /orH /rustrated -urder
-%-% -%+%G!
%ccused"
x ''''''''''''''''''''''''''''''''''''''''''''' x
I./#0-%+I#.
+he undersigned accuses -%-% -%+%G of frustrated murder committed as followsH
+hat on or a*out 22 %ugust 200@! in CueKon City! the accused did then
and there ta=e a loaded ";; Cali*er -agnum pistol! directly aim the same
6rearm at the person of 5IC +I-%! an invalid septuagenarian! and! at point
*lan= range! with intent to =ill! discharge the 6rearm twice against the person
of said 5ic +ima! inPicting on said 5ic +ima two &2( wounds on his chest and
stomach! which wounds would have *een fatal had not timely medical
assistance *een rendered to the said 5ic +ima"
C#.+0%0G +# L%, with the aggravating circumstances of Evident
Premeditation! use of 6rearm and disregard of age"
&1gd"( ELLI#+ .E11
!L-S. Certi6cation of Preliminary Investigation or In:uest
:
@
C. #otion%
1. #otion to Hua%h In1or$ation
0E7I#.%L +0I%L C#U0+
PlaintiD!
' versus ' /orH +heft
<LEP+# -%.I%C!
%ccused"
x '''''''''''''''''''''''''''''''''''''''''' x
-#+I#. +# CU%19
8:9 +9E %CCU1E4! *y counsel! respectfully moves to :uash the Information for the
crime of theft on the followingH
8;9 70#U.41
2" I+ C#.+%I.1 %5E0-E.+1 ,9IC9! I/ +0UE! ,#UL4 C#.1+I+U+E % LE7%L
3U1+I/IC%+I#.I
2" +9I1 C#U0+ I1 ,I+9#U+ 3U0I14IC+I#."
In support! the accused respectfully states thatH
%07U-E.+
+he Information alleges that the accused <LEP+# -%.I%C is eleven &22( years old
and without any =nown address" Under %rticle 22! paragraph 8 of the 0evised Penal Code! a
person over nine years of age and under 6fteen! unless he acted with discernment! is
exempt from criminal lia*ility"
+here is no allegation that the accused acted with discernment" Even granting said
discernment! the accused cannot *e tried *ut instead proceeded against under %rticle A0 of
the 0evised Penal Code! which provides that a minor! unless sixteen years of age at the time
of the commission of a grave or less grave felony! cannot *e tried *ut instead shall have the
*ene6t of a suspension of all proceedings against him" +he duty of the court would *e to
commit the minor to the custody or care of a pu*lic or private *enevolent or charita*le
institution for the care and education of homeless and delin:uent children or to the custody
of the 4epartment of 1ocial ,or= and 4evelopment"
8<9 ,9E0E/#0E! it is respectfully prayed that the Information against the accused *e
CU%19E4 and that the accused *e released immediately from detention"
8=9 CueKon CityI 3uly 200"
8>9 &1gd"( -I+C9 -C4EE0E
Counsel for the %ccused
M%ddressN
!L-S.
2" 8?9 0e:uest for and .otice of 9earing
2" 8@9 Proof of 1ervice
:
7
:. #otion to Hua%h Search Iarrant
819 &Caption(
PlaintiD!
' versus ' Criminal Case .o" 00022
/orH Li*el
5I7 C9%.!
%ccused"
x '''''''''''''''''''''''''''''''''''''''''''''' x
-#+I#. +# CU%19 1E%0C9 ,%00%.+
+he %CCU1E4! *y counsel! respectfully moves for the :uashal of 1earch ,arrant .o"
2222 issued *y this 9onora*le Court on and dated 22 3uly 200@ *ased on the following
considerationsH
8:9 2" 0ule 22@! 1ec" 20 or the 0evised 0ules of Court provides expressly that a
search warrant shall *e valid for ten &20( days from its date and that thereafter! it shall *e
void"
2" 1earch ,arrant .o" 2222 is dated 22 3uly 200@" It was served on the accused on
28 3uly 200@! the 22
th
day from its dateI this is certi6ed to *y the 1worn Inventory and 0eturn
executed *y -a?or %lang %lam! the leader of the searching team &a copy of which is already
part of the records(" % search was made on the same day! 28 3uly 200@I pursuant to said
search! certain o*?ects were seiKed and delivered to the court" Under the law! the 1earch
,arrant is void and must! thus! *e :uashed"
8;9 ,9E0E/#0E! it is respectfully prayed that 1earch ,arrant .o" 2222 *e CU%19E4
and all o*?ects seiKed under its purported authority *e declared I.%4-I11IBLE under the
exclusionary rule in %rticle III! 1ection 8&2( in relation to section 2 of the 2BA Constitution"
8<9 CueKon CityI 2> 3uly 200@"
8=9 &1gd"( -% +%P%.7
Counsel for %ccused
M%ddressN
!L-S.
2" 8>9 0e:uest for and .otice of 9earing
2" 8?9 Proof of 1ervice
:
!
;. #otion to Su&&re%% E4idence
819 &Caption(
PlaintiD!
' versus ' Criminal Case .o" 00022
/orH Li*el
5I7 C9%.!
%ccused"
x '''''''''''''''''''''''''''''''''''''''''''''' x
-#+I#. +# 1UPP0E11 E5I4E.CE U.L%,/ULLG 1EIUE4
+he %CCU1E4! *y counsel! respectfully moves for the suppression of o*?ects seiKed
on 28 3uly 200@! pursuant to 1earch ,arrant .o" 2222 issued *y this 9onora*le Court dated
22 3uly 200@! *ased on the following considerationsH
8:9 2" 1earch ,arrant .o" 2222 was served on the 22
th
day and is! thus! void"
2" +he motor vehicle seiKed does not fall within the property that may lawfully
*e seiKed"
4iscussion
M2N 1earch ,arrant .o" 2222 was
served on the 22
th
day and is! thus!
void"
2" 0ule 22@! 1ec" 20 of the 0evised 0ules of Court provides expressly that a search
warrant shall *e valid for ten &20( days from its date and that thereafter! it shall *e void"
2" 1earch ,arrant .o" 2222 is dated 22 3uly 200@" It was served on the accused on
28 3uly 200@! the 22
th
day from its dateI this is certi6ed to *y the 1worn Inventory and 0eturn
executed *y -a?or %lang %lam! the leader of the searching team &a copy of which is already
part of the records(" % search was made on the same day! 28 3uly 200@I pursuant to said
search! certain o*?ects were seiKed and delivered to the court" Under the law! the 1earch
,arrant is void"
8" .o valid seiKure may *e made under a void warrant" /or this reason! the following
o*?ects must *e suppressedH
Mlist itemsN
M2N +he motor vehicle seiKed does
not fall within the property that
may lawfully *e seiKed"
;" #n the occasion of the search! the searching party also RseiKedS accused)s green
3aguar L3E with license plate! R.o" 2V! allegedly for *eing su*?ect of the oDense" +hereafter! it
was impounded and =ept at the P.P -otor Pool"
>" +he motor vehicle cannot *e su*?ect of the oDense as accused is charged with
li*el" +here is no relation *etween the motor vehicle and li*el"
@" -oreover! the motor vehicle is not mala prohi*ita that would ?ustify a seiKure
thereofI neither could there *e a seiKure of evidence in plain view"
8;9 ,9E0E/#0E! it is respectfully prayed that all o*?ects seiKed under the void
1earch ,arrant .o" 2222 *e declared I.%4-I11IBLE under the exclusionary rule in %rticle III!
section 8&2( in relation to 1ection 2 of the 2BA Constitution" /urthermore! it is prayed that
the 7reen 3aguar L3E with license plate R.o" 2V *e immediately returned to the accused"
8<9 CueKon CityI 2> 3uly 200@"
8=9 &1gd"( -% +%P%.7
Counsel for %ccused
M%ddressN
!L-S.
2" 8>9 0e:uest for and .otice of 9earing
2" 8?9 Proof of 1ervice
:
<. #otion 1or Bai'

819 &Caption(
PlaintiD!
' versus ' /orH -urder
.%<% PII+!
%ccused"
x '''''''''''''''''''''''''''''''''''''''''' x
-#+I#. /#0 B%IL
8:9 +9E %CCU1E4! *y counsel! respectfully moves to *e allowed *ail on the ground
that the 8;9 prosecution)s evidence of his guilt is not strong" In support! he respectfully
su*mits the followingH
2" +he Information alleges that he raped the private complainant on 2> 4ecem*er
200> at his residence in CueKon City" +he prosecution)s own evidence! however! *elies this
allegation asH &a( the medical certi6cate &attached as %..EL % to the Information( states
that private complainant is in a virgin state with no physical and outward signs of traumaI
&*( the medical certi6cate issued *y the .BI doctor &attached as %..EL B to the Information(
after a physical examination of the accused! two &2( days after the alleged rape! shows that
he is suDering from erectile dysfunction and has *een so aWicted for close to 6ve &>( years
now and &c( the sworn statements of the private complainant conPict with and contradict
each other such that her credi*ility must *e placed in dou*t"
2" /or these reasons! there is no *asis to conclude that the accused raped the
private complainant as there is less than circumstantial evidence of this fact" 9e is! thus!
entitled to *ail as a matter of right"
,9E0E/#0E! it is respectfully prayed that the accused *e grantedH &2( a *ail hearing!
during which the prosecution should *e directed to present its evidence to show the strength
of its evidence of the accused)s guilt! and &2( thereafter! grant the accused reasona*le *ail"
CueKon CityI 3uly 200"
M%ddressN
!L-S. 0e:uest for and .otice of 9earing
B
0
*. A&&'ication 1or Bai'
819 &Caption(
PlaintiD!
' versus ' Criminal Case .o" 22;AA
0ECG 4I5I1+!
%ccused"
x '''''''''''''''''''''''''''''''''''''''''''''' x
%PPLIC%+I#. /#0 P0#B%+I#.
+9E %CCU1E4! *y counsel! respectfully applies for pro*ation pursuant to the
provisions of Presidential 4ecree .o" B@A! as amended"
In support of this application! the accused respectfully su*mits the followingH
2" %ccused'applicant is of legal age and currently gainfully employed at %1.
Broadcasting Corporation located at +imog %venue! CueKon City" #n 28 /e*ruary 200! she
pleaded RguiltyS to the oDense charged hereinI conse:uently! this 9onora*le Court in its
#rder dated A -arch 200 sentenced accused'applicant to an indeterminate penalty ranging
from three &8( years to 6ve &>( years of prision correccional"
8:9 2" %ccused'applicant hum*ly su*mits that she possesses all the :uali6cations
and none of the dis:uali6cations enumerated under section 2 of Presidential 4ecree .o" B@A!
speci6callyH
2"2" 1he has not *een convicted of any crime against national security
or pu*lic orderI
2"2" 1he has not *een previously convicted *y 6nal ?udgment of an
oDense punisha*le *y imprisonment of not less than one &2( month and one
&2( day andEor a 6ne of not less than +wo 9undred Pesos &P200"00(I
2"8" 1he has not previously applied for nor had *een previously placed
under pro*ation under Presidential 4ecree .o" B@A"
2";" 1he has not started to serve her sentence and! to date! has not
6led any .otice of %ppeal from the #rder of conviction"
8 /inally! granting this application will not in any way depreciate the seriousness of
the oDense charged nor cause any undue ris= that during the period of pro*ation! accused'
applicant will commit another crime" -oreover! accused'applicant does not need any
correctional treatment re:uiring commitment to an institution"
8;9 ,9E0E/#0E! accused'applicant respectfully prays that her application for
pro*ation *e 70%.+E4 and that she *e placed under pro*ation under such terms and
conditions necessary to attain and ensure the o*?ectives of the law and which! under the
circumstances! are fair! ?ust and reasona*le in the sound discretion of this 9onora*le Court"
CueKon City for Pasig CityI 22 -arch 200"
&1gd"( %++ICU1 /I.C9
Counsel for %ccused
M%ddressN
!L-S.
2" 8<9 5eri6cation
2" 8=9 0e:uest for and .otice of 9earing
B
1
I+. !LEA*IN0S AN* OT2ER LE0AL *OC-#ENTS CO##ON TO CI+IL AN*
CRI#INAL !ROCE*-RE
A. OLer o1 E4idence and O&&o%ition/Co$$ent to OLer
1. For$a' OLer o1 E4idence
0E7I#.%L +0I%L C#U0+
PlaintiD!
Criminal Case .o" 000022
' versus '
0ECG 4I5I1+!
%ccused"
x '''''''''''''''''''''''''''''''''''''''''' x
/#0-%L #//E0 #/ E5I4E.CE
+9E P0#1ECU+I#.! *y the undersigned pu*lic and private prosecutors! respectfully
oDer their documentary exhi*its in support of their case'in'chiefH
2" Exhi*it %! the sworn statement of X%lang <aso! the private complainant! and
Exhi*it %'2! his signatureYto prove that on the date and time stated in the a$davit! the
accused issued a post'dated chec= in the amount of #ne -illion Pesos &P2!000!000"00(
which! on presentment for payment! was dishonored for lac= of insu$cient fundsI to prove
authorship and the authenticity of the sworn statementI and as part of the testimony of the
private complainant"
2" Exhi*it B! the post'dated chec= dated 80 3une 200;! issued *y the accused in the
amount of #ne -illion Pesos &P2!000!000"00(I Exhi*it B'2! the dorsal side of the chec= with
notation R4%I/SI Exhi*it B'2! the signature of accused on face of the chec=Yto prove the
issuance of the chec=! the amount stated! the reason for dishonor and the identity of the
issuer" +he mar=ed copies of Exhi*its % and B are already part of the record"
,9E0E/#0E! the prosecution respectfully prays that the foregoing Exhi*its *e
%4-I++E4 as proof of the facts therein stated and in support of its case'in'chief and for all
other relevant purposes"
ELLI#+ .E11 %++ICU1 /I.C9
Pu*lic Prosecutor Private Prosecutor
Copy furnishedH
-I+C9 -C4EE0E
Counsel for %ccused
B
2
:. Co$$ent/O&&o%ition to OLer
PlaintiD!
' versus '
0ECG 4I5I1+!
%ccused"
x '''''''''''''''''''''''''''''''''''''''''' x
C#--E.+ #. +9E P0#1ECU+I#.)1
/#0-%L #//E0 #/ E5I4E.CE
+9E %CCU1E4! *y counsel! respectfully oppose the Prosecution)s #Der of Evidence for
the following reasonsH
2" Exhi*it %! the sworn statement of X%lang <aso! the private complainant! and
Exhi*it %'2! his signature are I.%4-I11IBLE *ecause the private complainant was never
presented to authenticate the document or su*?ected to cross'examination! thus! the
document is hearsay and inadmissi*le"
2" Exhi*it B! the post'dated chec= dated 80 3une 200;! issued *y the accused in the
amount of #ne -illion Pesos &P2!000!000"00(I Exhi*it B'2! the dorsal side of the chec= with
notation R4%I/SI Exhi*it B'2! the signature of accused on face of the chec= are I.%4-I11IBLE
for violation of the Best Evidence 0ule as the original chec= was never presentedI and no
*asis for the presentation of secondary evidence laid"
%CC#04I.7LG! the %CCU1E4 respectfully su*mits that the Prosecution)s Exhi*its are
I.%4-I11IBLE and must! thus! *e ELCLU4E4"
M%ddressN
Copy furnishedH
ELLI#+ .E11
Pu*lic Prosecutor
%++ICU1 /I.C9
Private Prosecutor
B
:
B. *e$urrer to the E4idence
1. Cri$ina' ca%e%
&Caption(
PlaintiD!
' versus ' /orH 5iolation of P4 2A@@
%.%<I. 1<G,%L<E0!
%ccused"
x '''''''''''''''''''''''''''''''''''''''' x
4E-U00E0 +# +9E P0#1ECU+I#.)1 E5I4E.CE
+9E %CCU1E4! *y counsel! 5ith leave of court previously o%tained! respectfully
su*mits this 4emurrer to the Prosecution)s Evidence on the ground that the prosecution has
failed to adduce su$cient evidence of his guilt to overcome the presumption of innocence
and shift the *urden of proofH
2" Under the Constitution! the accused is presumed to *e innocent until proven
guilty" +he eDect of this presumption is that it entitles the accused to not say anything in his
defense and places the *urden directly on the prosecution to prove everything relative to his
guilt" +hus! the prosecution must rely on the strength of its evidence and not wait for the
accused to oDer any defense" It is only in the event that the prosecution! after resting its
case! has adduced su$cient evidence of guilt that the *urden of proof shifts to the accused"
2" +he prosecution has failed to adduce su$cient evidence of guilt such as would
shift the *urden of proof"
2"2" +he accused is charged with violation of P4 2A@@I the gravamen
of the oDense is unauthoriKed possession of a 6rearm" Concretely! this means
that the prosecution must prove that the accused had no legal authority to
possess any 6rearm"
2"2" +he prosecution has failed to show that the accused had no
license to carry a 6rearm" +he proof of the negative element is indispensa*le
to proof of a violation of P4 2A@@" ,ithout proof of this negative element! the
crime is not proven"
8" %*sent proof of the negative element! i"e"! a*sence of a license! the oDense is not
proven" +he accused is innocentI he must! thus! *e ac:uitted"
,9E0E/#0E! the accused respectfully prays that the Information against him *e
4I1-I11E4 and that he *e %CCUI++E4 of the crime charged"
4%0+9 1I4I#U1
M%ddressN
B
B
:. Ci4i' ca%e%
&Caption(
%.%<I. 1<G,%L<E0!
PlaintiD!
' versus '
P%4-E %-I4%L%!
4efendant"
x '''''''''''''''''''''''''''''''''' x
4E-U00E0 +# +9E E5I4E.CE
4E/E.4%.+! *y counsel! 5ith leave of court previously sou#ht and #ranted!
respectfully su*mits this 4emurrer to the Evidence *ecause plaintiD has failed to prove
entitlement to his claims *y a preponderance of evidenceH
2" +his action see=s to collect a sum of money arising from a contract"
2" PlaintiD! after resting his case! has failed toH &a( prove the authenticity of the
contract! &*( the extent of the o*ligation under the contract! &c( the demanda*ility of the
o*ligation under the contract and &d( defendant)s lia*ility for the o*ligation and damages"
8" Conse:uently! plaintiD has failed to prove his claims *y a preponderance of
evidence and defendant is entitled to a dismissal of the Complaint against her"
,9E0E/#0E! defendant respectfully prays that the Complaint against her *e
4I1-I11E4"
&1gd"( #BI ,%. <E.#BI
M%ddressN
B
?
C. Notice o1 Li% !enden%
;
th
3udicial 0egion
0E7I#.%L +0I%L C#U0+
Branch 2! %ntipolo
4%-I LUP%!
PlaintiD!
Civil Case .o" 00
' versus ' /orH 0econveyance
%L%.7 LUP%!
4efendant"
x ''''''''''''''''''''''' x
.#+ICE #/ LI1 PE.4E.1
+9E 0E7I1+E0 #/ 4EE41
%ntipolo City! 0iKal Province
Please ta=e notice that a parcel of land covered *y +C+ .o 228; located in %ntipolo!
0iKalI registered in the name of defendant is the su*?ect matter of an action for
reconveyance of an undivided one'sixth portion thereof 6led *y 4%-I LUP%! a*ove'named
plaintiD" %ccordingly! please record this notice on the title"
&1gd"( %++ICU1 /I.C9
M%ddressN
Copy furnishedH
-I+C9 -C4EE0E! Es:"
B
@
*. A&&earance a% Coun%e'
0E7I#.%L +0I%L C#U0+
%.%<I. 1<G,%L<E0!
PlaintiD!
Civil Case .o" 28>
' versus ' /orH Legal 1eparation
P%4-E %-I4%L%!
4efendant"
x '''''''''''''''''''''''''''''''' x
E.+0G #/ %PPE%0%.CE
+9E B0%.C9 CLE0< #/ C#U0+
Please enter the appearance of the undersigned as counsel for defendant Padme
%midala! with her express conformity as indicated *elow! in this case" 9enceforth =indly
address all pertinent notices to the undersigned at the address given *elow"
&1gd"( #BI ,%. <E.#BI
.o" 2! ImKadi Place
+atooine! Pasig City
,I+9 -G C#./#0-I+GH
&1gd"( P%4-E %-I4%L%
Copy furnishedH
4%0+9 1I4I#U1
B
7
E. Iithdrawa' a% Coun%e'
1. Iithdrawa' a% Coun%e'
&Caption(
%.%<I. 1<G,%L<E0!
PlaintiD!
Civil Case .o" 28>
P%4-E %-I4%L%!
4efendant"
x '''''''''''''''''''''''''''''''' x
,I+940%,%L #/ %PPE%0%.CE
+9E B0%.C9 CLE0< #/ C#U0+
Please ma=e of record the ,I+940%,%L of the undersigned as counsel for plaintiD
%.%<I. 1<G,%L<E0! with his express conformity as indicated *elow! in this case" 9enceforth
=indly address all pertinent notices to plaintiD at his address given in the Complaint"
&1gd"( -%CE ,I.4U
2 Imperial Palace! Cloud City! Pasig City
,I+9 -G C#./#0-I+GH
&1gd"( %.%<I. 1<G,%L<E0
:. Iithdrawa' a% Coun%e' IIT2O-T con1or$it( o1 c'ient
&Caption(
%.%<I. 1<G,%L<E0!
PlaintiD!
Civil Case .o" 28>
P%4-E %-I4%L%!
4efendant"
x '''''''''''''''''''''''''''''''' x
,I+940%,%L #/ %PPE%0%.CE
+9E B0%.C9 CLE0< #/ C#U0+
Please ma=e of record the ,I+940%,%L of the undersigned as counsel for plaintiD
%.%<I. 1<G,%L<E0 due to irreconcilable professional diferences with plaintif, for
which reason the express conformity of plaintif cannot be obtained" 9enceforth
=indly address all pertinent notices to plaintiD at his address given in the Complaint"
&1gd"( -%CE ,I.4U
2 Imperial Palace! Cloud City! Pasig City
B
!
F. Su"%titution o1 Coun%e'
&Caption(
%.%<I. 1<G,%L<E0!
PlaintiD!
Civil Case .o" 28>
P%4-E %-I4%L%!
4efendant"
x '''''''''''''''''''''''''''''''' x
1UB1+I+U+I#. #/ C#U.1EL
+9E U.4E01I7.E4 respectfully enters his appearance as counsel for defendant
Padme %midala in su*stitution of former counsel 4arth -aul! as shown *y her express
conformity *elow" 9enceforth! =indly address all pertinent notices to the undersigned at the
address given *elow"
#BI ,%. <E.#BI
2 Corruscant Place
+atooine 0oad! Pasig City
,I+9 -G C#./#0-I+GH
&1gd"( P%4-E %-I4%L%
0. Notice o1 A&&ea'
RE0IONAL TRIAL CO-RT
Branch 2! -anila
+%L# .%.!
PlaintiD!
Civil Case .o" 00222
' versus '
P%.% L#!
4efendant"
x''''''''''''''''''''''''' x
.#+ICE #/ %PPE%L
PL%I.+I//! *y counsel! respectfully appeals to the Court of %ppeals the 4ecision of
this 9onora*le Court dated @ 3uly 200@! a copy of which he received on 2@ 3uly 200@! for
*eing contrary to law and the evidence presented"
CueKon City for -anilaI 2 3uly 200@"
&1gd"( %++ICU1 /I.C9
M%ddressN
Copy furnishedH
-I+C9 -C4EE0E
B
+. !LEA*IN0S AN* LE0AL *OC-#ENTS ON *O#ESTIC CASES AN* S!ECIAL

!ROCEE*IN0S
A. !etition 1or 2a"ea% Cor&u%
0E7I#.%L +0I%L C#U0+
Branch 2B2! -a=ati
I. 0EH PE+I+I#. /#0 9%BE%1
C#0PU1 #/ +9E -I.#01 LU<E
%.4 LEI% 1<G,%L<E0
1P .o" 22288;
P%4-E %-I4%L%!
Petitioner"
%.%<I. 1<G,%L<E0!
0espondent"
x '''''''''''''''''''''''''''''''''''''''''' x
PE+I+I#.
2" Petitioner is the mother of the minors Lu=e and Leia 1=ywal=er! who were *orn out
of the valid marriage *etween petitioner and respondent %na=in 1=ywal=er"
2" +he marriage failed and petitioner has *een living separately from respondent
since 200;" 1ometime in /e*ruary 200! respondent! un=nown to petitioner! a*ducted the
minor children and has =ept them incommunicado and out of petitioner)s reach"
8" Being *elow seven &( years of age! custody of the minors is naturally presumed
to *elong to petitioner! as their mother" Conse:uently! respondent)s refusal to allow
petitioner to regain custody over the minors is unlawful and un?usti6ed"
,9E0E/#0E! petitioner respectfully prays that a writ of ha*eas corpus issue directing
respondent to ma=e a return showing his legal authority to detain the minor children! su*?ect
of this petition! and thereafter! present the minor children personally *efore the Court on a
date and time it chooses"
#BI ,%. <E.#BI
Counsel for Petitioner
M%ddressN
!L-S. 5eri6cation and Certi6cation against /orum 1hopping
?
0
B. !etition 1or Ado&tion
I. 0EH PE+I+I#. /#0 %4#P+I#.
#/ %.%<I. 1<G,%L<E0
1P .o" 22288;
4%0+9 5%4E0 and P%4-E %-I4%L%!
Petitioners"
x '''''''''''''''''''''''''''''''''''''''''' x
PE+I+I#.
PE+I+I#.E01! *y counsel! respectfully state thatH
2" Petitioners are hus*and and wife! *oth of legal age! and residents of FFFFFFFFFF"
2" +hey have no legitimate children of their own and desire to ?ointly adopt a minor
named %.%<I. 1<G,%L<E0! 20 years old! the legitimate child of FFFFFFFFFFFFFFFFF"
8" +he parents of the minor are not insane! intemperate and are in full possession of
civil capacityI they have not a*andoned the minor child" ,ith full =nowledge of petitioners)
intention! they have expressly given their written consent to the adoption! as shown *y their
statement! a copy of which is attached as %..EL %"
;" Petitioners are :uali6ed to adopt the minor and are 6nancially capa*le of
supporting the minorI they are also morally :uali6ed to *ring up and educate the said minor"
,9E0E/#0E! it is respectfully prayed that ?udgment *e rendered in petitioners) favor
ad?udging the minor child %.%<I. 1<G,%L<E0 freed from all legal o*ligations of o*edience
and maintenance with respect to hisEher natural parents and that heEshe *e declared to all
legal intents and purposes! the child of herein petitioners and that hisEher surname *e
changed to that of petitioners"
&1gd"( -%1+E0 G#4%
M%ddressN
?
1
C. !etition 1or *ec'aration o1 Nu''it( o1 #arria/e with A&&'ication 1or
!ro4i%iona' Order%
MCaption and +itleN
2" Petitioner is a /ilipino citiKen! of legal age and married to respondent" /or purposes
of this petition! she may *e served with notices and other pertinent processes through
counsel at Maddress of counselN"
2" 0espondent is a /ilipino citiKen! of legal age! currently employed at Mstate
employerN and married to petitioner" 9e may *e served with summons and other pertinent
orders and processes of this Court at Mstate addressN
8" Petitioner and respondent were married on MdateN and out of this marriage! they
have Mstate num*er of children! respective agesN" % copy of the -arriage Contract executed
*y petitioner and respondent is attached as ANNEK AI a copy each of the *irth certi6cates
of the minor children is attached as ANNEK B C and *! respectively"
;" Petitioner and respondent are currently separated in fact and have *een so since
-ay 2002" +he reason for the continuing separation in fact is the *rea=down of the marriage
due to *oth petitioner)s and respondent)s mutual psychological incapacity to ful6ll and
discharge their respective marital o*ligations to each other! which existed at the time of the
marriage in 2BBA *ut manifested itself well into the marriage
>" +he mutual psychological incapacity of the parties to remain married to each
other appears to *e incura*leI prior to this resort! the parties had attempted formal and
informal counseling sessions all of which proved unproductive as respondent proved
resistant and! at times! even hostile to these eDorts"
@" In compliance with ?urisdictional re:uirements! petitioner su*mitted herself to a
psychological and clinical assessment *y a trained professional! Clinical Psychologist Mstate
nameN" 4espite several attempts! respondent refuses to agree to any so*er and productive
discussion with petitioner and is always highly emotional and angry! it was! thus!
impractica*le to secure a psychological report and pro6le of respondentI should this *ecome
material! petitioner reserves the right to re:uest respondent to su*mit to a psychological
examination for purposes of con6rming the mutual psychological incapacity to remain
married to each other"
" Petitioner)s psychological incapacity is descri*ed in clinical terms as *eing
consistent with a 5@2"2 Partner 0elational Pro*lem and is said to have R-asochistic
Personality 4isorderS or R802"B Personality 4isorder .ot #therwise 1peci6edSI on the other
hand! the assessment given *y the psychologist of respondent)s psychological ma=e'up is
that he has a R802"20 1chiKoid Personality 4isorder with narcissistic featuresS which is
descri*ed as Rgrave! incura*le and has antecedents"S +he psychological ma=e'up of
petitioner and respondent is explained in greater detail in the C'inica' A%%e%%$ent Re&ort
&R0eportS( dated 2A 4ecem*er 200@! a copy of which is attached as ANNEK E"
A" +heir minor children are in petitioner)s custody and are *eing supported *y her
6nancially and emotionally"
B" Petitioner su*mits that! despite the parties) mutual psychological incapacity to
remain married to each other! the interests of the children are *est served *y having them
remain in her custody! with visitation rights extended to respondent" %ll of the children are
minors and! under the law! children under seven &( years of age shall not *e separated from
the mother! save for exceptional circumstances which do not exist in this case"
20" Petitioner cannot! however! provide for all the 6nancial needs of the children as
she is only earning a limited amount of money from her wor= whereas respondent is
gainfully employed and earns more than enough for his own personal needs" Petitioner earns
only &state amount( from her wor= as shown *y her payslip attached as ANNEK F whereas
respondent earns &state amount( from his wor= as shown *y his payslip attached as ANNEK
0" +he common property of petitioner and respondent is insu$cient for the support of the
children" 0espondent must! thus! *e directed to give support to his children in the amount of
&state amount("
,9E0E/#0E! petitioner respectfully prays that P0#5I1I#.%L #04E01 for child
custody and child support *e issued giving to petitioner custody pendente lite over their
minor children and directing respondent to give monthly support in the amount of &state
amount(! su*?ect to any ad?ustments that may *e made *ased on changing earning capacity
as well as needs"
?
2
Petitioner also prays that! after trial! ?udgment *e rendered in her favor *y declaring
petitioner to *e psychologically incapacitated to comply with the essential o*ligations of her
marriage to respondent! thus ''
M2N 4eclaring the marriage *etween petitioner and respondent a nullity and!
*y this to=en! ordering the dissolution of the con?ugal partnership of gainsI
and
M2N %warding permanent custody of the children to petitioner! with express
ac=nowledgement of respondent)s visitation rightsI
M8N %warding support in the amount of &state amount( su*?ect to ad?ustments
to *e made depending on changes in earning capacity and needs of the
children"
%ll other ?ust and e:uita*le reliefs are also prayed for"
&1gd"( %++ICU1 /I.C9
M%ddressN
?
:
*. !etition 1or !ro"ate o1 a 2o'o/ra&hic Ii''
0E7I#.%L +0I%L C#U0+
Branch 80! 1an 3uan
0EH P0#B%+E #/ +9E 9#L#70%P9IC
,ILL #/ P%BLI.7 1I%"!
1P P0#C" .o" 0028
P%LI.7 <E0%!
Petitioner!
x '''''''''''''''''''''''''''''''''''' x
PE+I+I#.
2" Petitioner is a /ilipino citiKen and the widow of the deceased"
2" #n 2@ %ugust 200@! P%BLI.7 1I% died! having previously executed a holographic
will in his own handwriting and in a language =nown to him" % copy of the will is attached as
%..EL %" +he handwriting may *e attested to as his *y his secretary of long standing! +#-
C0UU"
2" +he deceased left a house and lot located at .o" >>>! +una 0oad! -arinara
1u*division! CueKon City and cash amounting to /ifty +housand Pesos &P>0!000(I he had no
de*ts"
8" +he deceased)s only heirs are herein petitioner and their son! P%BLI.7 1I% 30"!
*oth of whom are residing at .o" >>>! +una 0oad! -arinara 1u*division! CueKon City"
,9E0E/#0E! it is respectfully prayed that after due notice and pu*lication this
9onora*le Court 6x the date for the pro*ate of the holographic will and that letters of
administration *e issued in favor of the herein petitioner and thereafter ad?udicate the
properties of the deceased in accordance with the said holographic will"
M%ddressN
?
B
+I. *EE*S CONTRACTS AN* OT2ER COR!ORATE LE0AL *OC-#ENTS
A. S&ecia' !ower o1 Attorne(
1PECI%L P#,E0 #/ %++#0.EG
<.#, %LL -E. BG +9E1E P0E1E.+1H
I! #BI ,%. <E.#BI! of legal age! and resident of +atooine! do here*y name!
constitute and appoint P%4-E %-I4%L%! of legal age! and resident of .a*oo! to *e my true
and lawful %ttorney'in'/act and in my name! place and stead! do perform the following
speci6c act&s(H
&1pecify the particular actEs to *e performed(
7iving and granting unto said attorney'in'fact power and authority to do every act
necessary and re:uired in connection with these presents! and here*y ratifying and
con6rming all that she may do *y virtue of these presents"
I. ,I+.E11 ,9E0E#/! I have signed this 1pecial Power of %ttorney this 3uly 200
at +atooine"
&1gd"( #BI ,%. <E.#BI
Principal
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( 0242
&1gd"( C8P#
%c=nowledgment
B. 0enera' !ower o1 Attorne(
7E.E0%L P#,E0 #/ %++#0.EG
<.#, %LL -E. BG +9E1E P0E1E.+1H
I! #BI ,%. <E.#BI! of legal age! and resident of +atooine! do here*y name!
constitute and appoint P%4-E %-I4%L% to *e my true and lawful attorney'in'fact! for me
and in my name! place and stead! to do and perform the following acts! to witH
&1pecify general acts that %ttorney'in'/act may do(
7iving and granting unto my said %ttorney'in'/act full power and authority necessary
and re:uired to carry out the acts as fully to all intents and purposes as I might do or
lawfully do if personally present! with power of su*stitution and revocation! and here*y
ratifying and con6rming all that my said attorney'in'fact or his su*stitute shall lawfully do or
cause to *e done under and *y virtue of these presents"
I. ,I+.E11 ,9E0E#/! I have signed this instrument this 3uly 200 at +atooine"
&1gd"( #BI ,%. <E.#BI
Principal
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( 0242
&1gd"( C8P#
%c=nowledgment
?
?
C. Contract o1 Lea%e
C#.+0%C+ #/ LE%1E
<.#, %LL -E. BG +9E1E P0E1E.+1H
+his %greement made and entered into at -a=ati this
th
day of 3uly 200 *y and
*etween 4%-I B%9%G! of legal age! married to %1% ,%! &LE11#0( and resident of -a=ati
City! and %L%.7 B%9%G! of legal age! single and resident of CueKon City &LE11EE(!
,I+.E11E+9 thatH
2" In consideration of a monthly rental of /I5E +9#U1%.4 PE1#1 &P>!000"00( and
the covenants made *elow! the LE11#0 here*y LE%1E1 to the LE11EE an apartment located
at 2BB 1an %ntonio 5illage! -a=ati City covered *y +ax 4eclaration .o" 002 &-a=ati City
%ssessor)s #$ce( for a period of +,EL5E &22( -#.+91 from signing of this contract"
2" +he LE11EE covenants! as followsH
2"2" +o pay the rentals on or *efore the 6fth day of each month!
without need of demand at the residence of LE11#0I
2"2" +o =eep the premises in good and ha*ita*le condition! ma=ing the
necessary repairs and painting inside and outside the houseI
2"8" .ot to ma=e ma?or alterations and improvements without the
written consent of the LE11#0 and in the event of such unauthoriKed ma?or
alterations and improvements! surrendering ownership over such
improvements and alterations to the LE11#0 upon expiration of this leaseI
I. ,I+.E11 ,9E0E#/! the parties have signed this contract on the date and the
place 6rst mentioned"
4%-I B%9%G %.7 B%9%G
Lessor Lessee
,ith my consentH
%1% ,%
%c=nowledgment
BE/#0E -E! a .otary Pu*lic for -a=ati City! personally appeared on the
th
of 3uly
200! the following persons! with their respective C+C details indicated *elowH
4%-I B%9%G C+C .o" FFFFFFFFFFFF issued atEon
%L%.7 B%9%G C+C .o" FFFFFFFFFFFF issued atEon
=nown to me to *e the same persons who executed the foregoing instrument! denominated
as a Contract of Lease consisting of FF pages! signed on each and every page *y the parties
and their instrumental witnesses! having ac=nowledged the same *efore me as their own
free and voluntary act and deed"
+# +9E +0U+9 #/ +9E /#0E7#I.7! witness now my hand and seal on the date and
place mentioned a*ove"
."#" +%0I#
Until 4ecem*er 82! 200
P+0 .o" 0000222E2E0>EBB! -a=ati City
4oc" .o"
Page .o"
Boo= .o"
1eries of 200"
?
@
*. 2o'o/ra&hic Ii''
1an 3uan! -etro -anila
3uly 200
I here*y execute this holographic will! in my handwriting and in the English language
which I =now how to read and write! *e:ueathing my house and lot located at .o" >>>! +una
0oad! -arinara 1u*division! CueKon City to my son! P%BLI.7 1I% 30"! and cash amounting to
/ifty +housand Pesos &P>0!000( to my spouse! P%LI.7 <E0%"
&1gd"( P%BLI.7 1I% 10"
E. Notaria' Ii''
L%1+ ,ILL %.4 +E1+%-E.+
of
P%BLI.7 1I%! 10"
<.#, %LL -E. BG +9E1E P0E1E.+1H
I! P%BLI.7 1I%! 10"! of legal age! married to P%LI.7 <E0%! a native of Lipa City!
Batangas! now actually residing at 1an 3uan! -etro -anila! *eing of sound and disposing
mind and memory! and not acting under inPuence! violence! fraud or intimidation of
whatever =ind! declare this to *e my Last ,ill and +estament which I have caused to *e
written in English! the language which is =nown to me" %nd I here*y declare thatH
I" +he following are my children and their addressesI
&.ame of children and addresses(
II" I give and *e:ueath to my children FFFFFFFFFF! FFFFFFFFFF! and
FFFFFFFFFF! in e:ual shares! the following properties! real and personal!
whatsoever and wheresoever locatedH
&4escription of property(
III" I designate FFFFFFFFFFFFFFF as the sole executor of this Last ,ill and
+estament"
I. ,I+.E11 ,9E0E#/! I have set my hand this
th
day of 3uly 200 in 1an 3uan! -etro
-anila"
&1gd"( P%BLI.7 1I%! 10"
?
7
F. Atte%tation C'au%e 1or a Notaria' Ii''
%++E1+%+I#. CL%U1E
,E! the undersigned witnesses! whose residences are stated opposite our respective
names! do here*y certify thatH the testator FFFFFFFFFFFFFFFFF has pu*lished unto us the
foregoing will consisting of FFF pages num*ered correlatively in letters on the upper part of
each page! as hisEher last will and testament and has signed the same and every page
thereof! on the left margin! in our ?oint presence and we! in turn! at hisEher re:uest have
witnessed and signed the same and every page thereof! on the left margin! in the presence
of the testator and in the presence of each other"
1%<1I 2 0esidence
1%<1I 2 0esidence
1%<1I 8 0esidence
0. Ac7now'ed/$ent o1 a Notaria' Ii''
3#I.+ %C<.#,LE47-E.+
BE/#0E -E! .otary Pu*lic for and I the City of 1an 3uan! Philippines! this
th
day of
3uly! 200! personally appearedH
P%BLI.7 1I%! 10" &+estator(! with 5alid Identi6cation 4ocument FFFFFFF issued
*y &o$cial agency(! on @ 3uly 200@I
1%<1I 2 &,itness(! with 5alid Identi6cation 4ocument FFFFFFF issued *y
&o$cial agency(! on @ 3uly 200@I
all =nown to me to *e the same persons who signed the foregoing ,ill! the 6rst as testator
and the last three as instrumental witnesses! and they respectively ac=nowledged to me
that they signed the same as their own free act and deed"
+his ,ill consists of FFF pages! including the page in which this ac=nowledgment is
written! and has *een signed on the left margin of each and every page thereof *y the
testator and his witnesses and has *een sealed with my .otarial seal"
I. ,I+.E11 ,9E0E#/! I have set my hand the day! year and place written"
&1gd"( ." #" +%0I#
.otary Pu*lic
4oc" .o"
Page .o"
Boo= .o"
1eries of 200"
?
!
2. *onation Inter +i4o%
4EE4 #/ 4#.%+I#.
<.#, %LL -E. BG +9E1E P0E1E.+1H
+his 4eed of 4onation! made and executed *y L%LI- BUL1%! of legal age!
singleEmarried! and resident of FFFFFFFFFFFFFFF &R4onorS( in favor of 4%-I U+%.7! of legal
age! singleEmarried and resident of FFFFFFFFFFFFFFFFF &R4#.EES( ,I+.E11E+9H
+hat the 4#.#0 is the owner of that certain real property with the *uildings and
improvements thereon! situated in FFFFFFFFFFFFFFFFF! and more particularly descri*ed in
#riginalE+ransfer Certi6cate of +itle .o" FFFF of the land registry of FFFFFFFFFFFFF! as followsH
&Copy description of property in title(
+hat for and in consideration of the love and aDection which the 4#.#0 has for the
4#.EE! the said 4#.#0! *y these presents! transfers and conveys! *y way of donation! unto
said 4#.EE! hisEher heirs and assigns! the a*ove descri*ed real property with all the
*uildings and improvements thereon! free from all liens and encum*rancesI
+hat the 4#.#0 does here*y state! for the purpose of giving full eDect to this
donation! that heEshe has reserved for himselfEherself in full ownership su$cient property to
support himEher in a manner appropriate to hisEher needsI
+hat the 4#.EE does here*y accept this donation of the a*ove'descri*ed property!
and does here*y express gratitude for the =indness and li*erality of the 4#.#0"
I. ,I+.E11 ,9E0E#/! the 4#.#0 and the 4#.EE have signed this deed on 3uly
200 and at CueKon City! Philippines"
L%LI- BUL1%
4onor
%CCEP+E4H
4%-I U+%.7
4onee
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( -I0#. 2
&1gd"(-I0#. 2
!L-S. %c=nowledgment
?
I. Ac7now'ed/$ent o1 No$inee Statu% with A%%i/n$ent o1 Share%

%C<.#,LE47-E.+ #/ .#-I.EE 1+%+U1 ,I+9 %11I7.-E.+ #/ 19%0E1
I! 7E#04I L% /#07E! &R.omineeS(! of legal age! and with o$ce address at FFFFFFFFFF!
here*y ac=nowledge my status as nominee for ,ILLI%- 0I<E0 &Rthe PrincipalS( for the
purpose of holding title to FFF shares of stoc= in the Enterprise 9oldings Inc" &Rthe
CorporationS(" %s nominee! I here*y une:uivocally con6rm that the Principal is the exclusive
and a*solute owner of the su*?ect shares" %ccordingly! the relationship *etween the
principal and the nominee with respect to the su*?ect shares is governed *y the following
terms and conditionsH
2" %ll dividends! whether cash! stoc= or property! rights and other privileges!
accruing on the su*?ect share shall *e for the account and *ene6t of the
principalI accordingly! the nominee shall deliver the same to the principal and
whoever the latter may designate"
2" 4irector)s fees and other amounts received *y way of compensation for
services rendered *y the nominee shall *e for the account and *ene6t of the
nominee"
8" +he principal shall save the nominee free and harmless from any lia*ility!
whether for unpaid su*scriptions! taxes or otherwise! that may arise as a
result of the nominee)s holding title to the su*?ect shares for and on *ehalf of
the principal"
;" +he nominee here*y assigns! transfers! and conveys the su*?ect shares to
the principal free from all liens and encum*rances and here*y underta=es to
execute the necessary instruments to transfer title over the su*?ect shares to
the principal or to whoever the latter may designate"
>" +his ac=nowledgment of nominee status shall *ind the nominee)s heirs!
executors! administrators and other successors'in'interest"
4one this
th
day of 3uly 200 at CueKon City"
7E#04I L% /#07E
.ominee
,I+9 -G C#./#0-I+GH
,ILLI%- 0I<E0
Principal
,I+.E11E1H
&1gd"( UUI 2
&1gd"( UUI 2
@
0
). Secretar(M% Certi,cate
1EC0E+%0G)1 CE0+I/IC%+E
I! 4E%..% +0#I! of legal age! with o$ce address at FFFFFFFFFFFFFFFFFF! on the *asis of
the corporate records! do here*y certify that under oath thatH
2" I am the Corporate 1ecretary of E.+E0P0I1E 9#L4I.71 I.C" &RcorporationS(! a
corporation duly organiKed and existing under Philippine laws! with the same o$ce address
given a*ove"
2" %t a meeting of the Board of 4irectors of the corporation held on FFFFFFFFFFF! at
which meeting a :uorum was present and o*tained throughout! the following resolution&s(
was &were( unanimously approved and adoptedH
0E1#L5E4! that """""""""""""""""""
8" +he foregoing resolution has not *een revo=ed! amended or in any manner
modi6ed and accordingly! the same may *e relied upon until a written notice to the contrary
is issued *y the corporation"
I. ,I+.E11 ,9E0E#/! I have set my hand to this certi6cation on FFFF at
FFFFFFFFFFFFFF"
4E%..% +0#I
Corporate 1ecretary
%++E1+E4H
3E%.'LUC PIC%04
President
!L-S. 3urat
6. Board Re%o'ution%
1. Authorit( to Act
Board 0esolution .o" FFF
0E1#L5E4! that -r" 3ean'Luc Picard! as Chairperson and Chief
Executive #$cer of Enterprise 9oldings *e authoriKed! as he is here*y
authoriKed! to enter into any and all transactions with the representatives of
the /erengi +rade /ederation! as may prove to *e *ene6cial to the corporation
in his own opinion and determination"
%pproved and adopted this
th
day of 3uly! 200 at -a=ati City! Philippines"
&.ame of 4irectors(
:. Increa%e in nu$"er o1 director% and nece%%ar( a$end$ent to the
Artic'e% o1 Incor&oration
Board 0esolution .o" FFF
0E1#L5E4! *y a vote of stoc=holders representing more than 2E8 of the
su*scri*ed and paid up capital stoc=! to I.C0E%1E the num*er of 4irectors of
the Corporation from 6ve &>( to seven &( and to %-E.4 the %rticles of
Incorporation to rePect this increase"
%pproved and adopted this
th
day of 3uly! 200 at -a=ati City! Philippines"
&.ame of 4irectors(
@
1
L. *eed o1 A%%i/n$ent
4EE4 #/ %11I7.-E.+
<.#, %LL -E. BG +9E1E P0E1E.+1H
I! 4%-I 19%0E1! of legal age! /ilipino and resident of FFFFFFFFFFFFFFFF! for and in
consideration of the sum of FFFFFFFFFFFFFFFFFFFF Pesos &PFFFFF(! receipt of which is here*y
ac=nowledged do here*y assign! cede! transfer and convey unto 4%-I LUP%! li=ewise of legal
age! and resident of FFFFFFFFFFFFFF! all hisEher rights! title! ownership and interest over its
su*scription to #ne 9undred +housand &200!000( shares of the capital stoc= of FFFFFFFFF
Corporation! including advances due from said corporation" It is! however! understood that
the assignee shall assume any and all unpaid su*scription on the said shares"
+he assignor here*y irrevoca*ly constitute! name and appoint the assignee to *e
hisEher true and lawful attorney'in'fact to ma=e representations with the corporate secretary
and to cause the annotation of this assignment in the *oo=s of the corporation"
I. ,I+.E11 ,9E0E#/! the assignor has signed this deed on
th
day of 3uly! 200 at
the City of -anila"
4%-I 19%0E1
%ssignor
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( -I0#. 2
&1gd"( -I0#. 2
@
2
#. *eed o1 Sa'e o1 Re/i%tered Land (uni'atera')
-a=ati City ( s"s"
4EE4 #/ %B1#LU+E 1%LE
<.#, %LL -E. BG +9E1E P0E1E.+1H
I! -% G% -%.! /ilipino! single! and resident of FFFFFFFFFFFFFFFFFFFFFFFFF! for and in
consideration of the amount of FFFFFFFFFFFFFFFFFFFFFFF! paid to me today *y -% 7U L%.7!
/ilipino! single and resident of FFFFFFFFFFFFFFFF do here*y 1ELL! +0%.1/E0 and C#.5EG
a*solute and unconditionally unto said -% 7U L%.7 that certain parcel&s( of land! together
with the *uildings and improvements thereon situated in the City of -a=ati! and more
particularly descri*ed as followsH
&+echnical 4escription of propertyEiesI specify metes and *ounds of the
propertyEies with approximate area thereof! as indicated on the face of
the title(
of which I am the registered owner in fee simple! my title thereto *eing evidenced *y
+ransfer &or #riginal( Certi6cate of +itle .o" FFFFFF! issued *y the 0egister of 4eeds of -a=ati
City"
It is here*y mutually agreed that the vendee shall *ear all expenses for the execution
and registration of this deed of sale"
I. ,I+.E11 ,9E0E#/! I have signed this deed this
th
day of 3uly! 200 at -a=ati
City"
-% G% -%.
5endor
[+ote> if vendor is $arried/ $arital consent $ust %e secured! thus/ the Deed $ust also
indicate this( If vendor is $arried/ then add the follo5in#>]
?ith $y consent>
A3A ?A
@endorAs ?ife
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( -I0#. 2
&1gd"( -I0#. 2
@
:
N. *eed o1 Sa'e o1 -nre/i%tered Land (uni'atera')
-a=ati City ( s"s"
4EE4 #/ %B1#LU+E 1%LE
<.#, %LL -E. BG +9E1E P0E1E.+1H
I! -% G% -%.! /ilipino! single! and resident of FFFFFFFFFFFFFFFFFFFFFFFFF! for and in
consideration of the amount of FFFFFFFFFF! paid to me today *y -% 7U L%.7! /ilipino! single
and resident of FFFFFFFFFFFFFFFFFFFFFFF do here*y 1ELL! +0%.1/E0 and C#.5EG a*solutely
and unconditionally unto said -% 7U L%.7 that certain parcel&s( of land! together with the
*uildings and improvements thereon situated in the City of -a=ati! and more particularly
descri*ed as followsH
&4escriptionH state the nature of each piece of land and its improvements!
situations and *oundaries! area in s:uare meters! whether or not the
*oundaries are visi*le on the land *y means of monuments or otherwiseI and
if they are! what they consist of! the permanent improvements! if any! the
page num*er of the assessment of each property for current year or years
when registration is made! the assessed value of the property for the year(
It is here*y declared that the *oundaries of the foregoing land are visi*le *y means of
FFFFFFFFFFFFFFFI that the permanent improvements existing thereon consist of FFFFFFFFF &if
none! state so(I that the land is assessed for the current year at PFFFFFFFFFFFFFF as per +ax
4eclaration .o" FFFFFFFFFF! and the *uildings andEor improvements ! at PFFFFFFFFFFFF as per
+ax 4eclaration .o" FFFFFFFFF! of the City %ssessor of -a=ati"
+he a*ove descri*ed real estate! not having *een registered under %ct .o" ;B@ nor
under the 1panish -ortgage Law! the parties hereto have agreed to register this instrument
under the provisions of 1ec" 2B; of the 0evised %dministrative Code! as amended"
th
City"
-% G% -%.
5endor
?ith $y consent>
A3A ?A
@endorAs ?ife
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( -I0#. 2
&1gd"( -I0#. 2
@
B
O. *eed o1 Sa'e with !acto de Retro ("i'atera')
-a=ati City ( s"s"
4EE4 #/ 1%LE ,I+9 P%C+# 4E 0E+0#
+his 4eed of 1ale with Pacto de 0etro made and executed *y and *etweenH
-% G% -%.! /ilipino! of legal age! married to %1% ,%! with
residence at FFFFFFFFFFFFFFFFFFF &5E.4#0(!
' and '
-% 7U L%.7! /ilipino! of legal age! married to B% +%P%! with
residence at FFFFFFFFFFFF &5E.4EE(I
,I+.E11E+9H +hatY
+he 5E.4#0 is the a*solute owner of a certain parcel of land with all the *uildings
and improvements thereon! situated in the City of -a=ati! and more particularly descri*ed!
as followsH
&Copy technical description in +C+E#C+(
his title thereto shown *y +ransfer &or #riginal( Certi6cate of +itle .o" FFFFFF issued *y the
0egister of 4eeds of -a=atiI
+he 5E.4#0! for and in consideration of the amount of FFFFFFFFFFFFFFFFF Pesos
&PFFFFF(! to him paid *y 5E.4EE and receipt of which is ac=nowledged! does here*y 1ELL!
+0%.1/E0 and C#.5EG under pacto de retro unto the said 5E.4EE! his heirs and assigns!
the property with all the *uildings and improvements thereon! free from all liens and
encum*rances whatsoeverI
+he 5E.4#0! in executing this conveyance! here*y reserves the right to
0EPU0C9%1E! and the 5E.4EE! in accepting the same! here*y o*ligates himself to 0E1ELL
the property herein conveyed within a period of FFFF years from date of this deed for the
same price of FFFFFFFFFFFFFF &PFFFF(I Provided! however! that if the 5E.4#0 shall fail to
exercise his right to repurchase as herein granted within the period provided! then this
conveyance shall *ecome a*solute and irrevoca*le! without need of a new 4eed of %*solute
1ale! su*?ect to the re:uirements of law regarding consolidation of ownership of real
property"
th
City"
-% G% -%. -% 7U L%.7
5endor 5endee
?ith $y $arital consent> ?ith $y $arital consent>
A3A ?A "A 'ABA
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( -I0#. 2
&1gd"( -I0#. 2
@
?
!. *eed o1 Re&urcha%e o1 'and %o'd under !acto de Retro
-a=ati City ( s"s"
4EE4 #/ 0E1%LE
<.#, %LL -E. BG +9E1E P0E1E.+1H
I! -% 7U L%.7! /ilipino! married! of legal age! and resident of FFFFFFFFFFFFFFF! for and
in consideration of FFFFFFFFFFFFFFF Pesos &PFFFF(! to me paid *y -% G% -%.! /ilipino! of legal
age! married and resident of FFFFFFFFFFFFFFFFFFF! do here*y 0E1ELL! 0E+0%.1/E0 and
0EC#.5EG unto said -% G% -%. that certain parcel of land! with all the *uildings and
improvements thereon! situated at -a=ati City! and more particularly descri*ed! as followsH
&Copy technical description in title(
covered *y +ransfer &or #riginal( Certi6cate of +itle .o" FFFF of the 0egistry of 4eeds of
-a=ati! and which property was previously sold to under pacto de retro *y the said -% G%
-%. on FFFFFFFFFFFFF! executed *efore .otary Pu*lic FFFFFFFFFF and *earing .otarial
0egistration .o" FFF! Page .o" FFFF! Boo= .o" FFFF and 1eries of 20FF of his .otarial 0egister!
a copy of which is attached as %..EL %"
th
of 3uly! 200 at -a=ati City"
-% 7U L%.7
5endor
?ith $y consent>
"A 'ABA
@endorAs ?ife
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( -I0#. 2
&1gd"( -I0#. 2
@
@
H. *eed o1 Sa'e with #ort/a/e
-a=ati City ( s"s"
4EE4 #/ 1%LE ,I+9 -#0+7%7E
+his 4eed of 1ale with Pacto de 0etro made and executed *y and *etweenH
-% G% -%.! /ilipino! of legal age! married to %1% ,%! with
residence at FFFFFFFFFFFFFFFFFFF &5E.4#0'-#0+7%7EE(!
' and '
-% 7U L%.7! /ilipino! of legal age! married to B% +%P%! with
residence at FFFFFFFFFFFF &5E.4EE'-#0+7%7#0(I
,I+.E11E+9H +hatY
+he 5E.4#0'-#0+7%7EE is the a*solute owner of a certain parcel of land with all
the *uildings and improvements thereon! situated in the City of -a=ati! and more
particularly descri*ed! as followsH
&Copy technical description in +C+E#C+(
his title thereto shown *y +ransfer &or #riginal( Certi6cate of +itle .o" FFFFFF issued *y the
0egister of 4eeds of -a=atiI
+he 5E.4#0! for and in consideration of the amount of FFFFFFFFFFFFFFFFF Pesos
&PFFFFF(! to him paid *y 5E.4EE and receipt of which is ac=nowledged! does here*y 1ELL!
+0%.1/E0 and C#.5EG unto the said 5E.4EE! his heirs and assigns! the property with all
the *uildings and improvements thereon! free from all liens and encum*rances whatsoeverI
It is here*y agreed and stipulated that the U.P%I4 B%L%.CE #/ FFFFFFFFFFFF Pesos
&PFFFF(! of which amount FFFFFFFFFFFFFFFFFPesos &PFFFFF( shall *e paid *y the 5E.4EE'
-#0+7%7#0 to the 5E.4#0'-#0+7%7EE at the latter)s residence! as followsH
&1tate manner of payment(
In order to guarantee the ful6llment of the a*ove o*ligations! the 5E.4EE'
-#0+7%7#0 does here*y -#0+7%7E unto the said 5E.4#0'-#0+7%7EE! his heirs and
assigns! the property descri*ed! together with all the *uildings and improvements thereon!
under the express stipulation that if the said 5E.4EE'-#0+7%7#0 shall pay or cause to *e
paid unto the 5E.4#0'-#0+7%7EE the o*ligations! then this -ortgage shall *e of no further
force and eDectI otherwise! the same shall remain in full force and eDect and shall *e
enforcea*le in the manner prescri*ed *y law"
th
City"
-% G% -%. -% 7U L%.7
5endor 5endee
?ith $y consent> ?ith $y consent>
A3A ?A "A 'ABA
@endorAs ?ife @endeeAs ?ife
1I7.E4 I. +9E P0E1E.CE #/H
&1gd"( -I0#. 2
&1gd"( -I0#. 2
@
7
R. *acion en !a/o (*eed o1 A%%i/n$ent o1 Rea' E%tate in &a($ent o1 de"t)
4EE4 #/ %11I7.-E.+
<.#, %LL -E. BG +9E1E P0E1E.+1H
+his 4eed of %ssignment! made and executed *y and *etween 4%-I U+%.7! /ilipino!
of legal age! married to %L%.7 -%L%G! with residence at FFFFFFFFFFFFF &%11I7.#0( and 4%-I
LUP%! /ilipino! of legal age! married to BIL -#<#! with residence at FFFFFFFFFFFFFFF
&%11I7.EE(! ,I+.E11E+9H
+hat the %11I7.#0 is inde*ted to the %11I7.EE in the sum of FFFFFFFFFFF Pesos
&PFFFFFF( and in full payment and complete satisfaction thereof here*y assign! transfer and
convey unto the %11I7.EE that certain real estate with all the *uildings and improvements
thereon! situated in FFFFFFFFFFF! and more particularly descri*ed as followsH
&4escription of property assigned(
of which real estate the %11I7.#0 is the registered owner! his title thereto *eing evidenced
*y +ransfer &or #riginal( Certi6cate of +itle .o" FFFFFFFFFFFF of the 0egister of 4eeds of
FFFFFFFFFFFFF"
+hat the %11I7.EE does here*y accept this assignment in full payment of the a*ove'
mentioned de*t of FFFFFFFFFFFFFF Pesos &PFFFFFFFFF("
I. ,I+.E11 ,9E0E#/! the parties have signed this 4eed on 3uly 200 at -a=ati
City"
4%-I U+%.7 4%-I LUP%
%ssignor %ssignee
,ith my marital consentH
%L%.7 -%L%G BIL -#<#
%ssignor)s ,ife %ssignee)s ,ife
@
!
S. Chatte' #ort/a/e
-a=ati City ( s"s"
C9%++EL -#0+7%7E
<.#, %LL -E. BG +9E1E P0E1E.+1H
+hat I! 4%-I <#+1E! of legal age! married and resident of -a=ati! for and in
consideration of the loan of /I5E 9U.40E4 +9#U1%.4 PE1#1 &P>00!000"00(! granted to me
*y G%-%. .G%! also of legal age! married and resident of -a=ati! to *e paid one &2( year
from date hereof! have transferred and conveyed *y way of chattel mortgage unto said
G%-%. .G%! his heirs! successors and assigns! free from all liens and encum*rances that
certain motor vehicle! at present in my possession at my address! more particularly
descri*ed asH
-odelE-a=e .o"EColor H B-, 8Ai &2BBA(! racing greenI
Chassis .o" H 00000002222I
Engine .o" H 00000002222I
of which I am the true and a*solute owner *y title thereto! *eing evidenced *y 0egistration
Certi6cate of -otor 5ehicle .o" FFFFFF issued in my name *y the Land +ransportation #$ce
on FFFFFFFFFFFFFFFFFF"
+his chattel mortgage has *een executed in order to secure the full and faithful
payment of my o*ligation to G%-%. .G% in accordance with the terms and conditions of this
instrumentI Upon payment! this contract shall *ecome null and voidI otherwise! it shall
continue in full force and eDect and may *e foreclosed in accordance with law"
I. ,I+.E11 ,9E0E#/! I have signed this instrument on 3uly 200 at -a=ati City"
4%-I <#+1E
%$davit of 7ood /aith
,e severally swear that 4%-I <#+1E! mortgagor! and G%-%. .G%! mortgagee! have
executed the foregoing Chattel -ortgage in order to guarantee as good and *inding the
o*ligations mentioned a*ove and is not intended to defraud creditors"
G%-%. .G% 4%-I <#+1E
1igned in the presence ofH
UUI 2 UUI 2
@
+II. A!!EALS AN* OT2ER RESORTS TO A!!ELLATE CO-RTS IN CRI#INAL AN*

CI+IL !ROCE*-RE
A. Ordinar( a&&ea'%
1. in ci4i' ca%e%
a. 1ro$ #TC (in ori/ina' juri%diction) to RTC (in a&&e''ate juri%diction)
Chec=listH
2> days from notice of ?udgment or 6nal order
.otice of %ppeal &0ule ;0! 1ec" 8(
o Parties
o 3udgment or 6nal order appealed from
o -aterial dates showing timeliness of appeal
Proof of payment of appellate court doc=et and other lawful fees &0ule
;0! 1ec" ;(
-emorandum for %ppellant and %ppellee &0ule ;0! 1ec" (
". Fro$ RTC (in ori/ina' juri%diction) to CA
Chec=listH
.otice of %ppeal
Brief for %ppellant
o 1u*?ect Index of the matter in *rief
o %ssignment of Errors
o 1tatement of the Case
o 1tatement of the /acts
o 1tatement of the Issues
o %rgument
o 0elief
o Copy of ?udgment or 6nal order appealed from
Brief for %ppellee &same as Brief for %ppellant! except copy of
?udgment(
%ppellant)s 0eply Brief
-emorandum &in special cases(
o 1tatement of the Case
o 1tatement of the /acts
o 1tatement of the Issues
o %rgument
o 0elief
:. in cri$ina' ca%e%
a. Fro$ #TC (a% tria' court) to RTC (in a&&e''ate juri%diction)
Chec=listH
.otice of %ppeal
%ppellant)s BriefE-emorandum
%ppellee)s BriefE-emorandum
". Fro$ RTC (a% tria' court) to CA
Chec=listH
.otice of %ppeal
c. Fro$ RTC (a% tria' court) to SC
Chec=listH
.otice of %ppeal
7
0
B. !etition% 1or Re4iew
1. Fro$ RTC (a% a&&e''ate court) or 1ro$ 3ua%iFjudicia' a/encie% to CA
Chec=listH
extension of 2> days only
/ull names of petitioner and respondent
1tatement of -aterial 4ates
1tatement of -aterial %verments
1tatement of Issues! Errors of /act or Law
%rgument
5eri6cation and Certi6cation against /orum 1hopping
%ttachments
o Certi6ed true copy or duplicate original copy of ?udgmentE6nal order
:uestioned
o Clear and legi*le copy of all pleadings and other material portions of the
record
Proof of 1ervice and Explanation for 1ervice *y 0egistered -ail &if
applica*le(
:. Fro$ RTC (on &ure 3ue%tion% o1 'aw) or CA (in a&&e''ate juri%diction)
to SC
Chec=listH
extension of 80 days
.ames of petitioner and respondent &5ithout i$pleadin# the lo5er
court/8ud#e/8ustice(
1tatement of -aterial 4ates
-aterial %llegations! 0easons or %rguments for allowance of petition
5eri6cation and Certi6cation against /orum 1hopping
%ttachments
o Certi6ed true copy or duplicate original copy of ?udgmentE6nal order
:uestioned
o Clear and legi*le copy of all pleadings and other material portions of the
record
Proof of 1ervice and Explanation for 1ervice *y 0egistered -ail &if
applica*le(
7
1

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PLEADINGS, PETITIONS, MOTIONS AND OTHER

JUDICIAL AND LEGAL FORMS

B. An%wer with aAr$ati4e de1en%e and counterc'ai$

>. #otion 1or e5ten%ion o1 ti$e

III. !LEAIN0S AN OT2ER LE0AL FOR#S IN CRI#INAL !ROCE*-RE

<. #otion 1or Bai'

+. !LEAIN0S AN LE0AL OC-#ENTS ON O#ESTIC CASES AN* S!ECIAL

I. Ac7now'ed/$ent o1 No$inee Statu% with A%%i/n$ent o1 Share%

+II. A!!EALS AN* OT2ER RESORTS TO A!!ELLATE CO-RTS IN CRI#INAL AN*

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