Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
AFFIDAVITS
AFFIDAVIT is a written, ex parte statement made or taken under oath
before an officer of the court or a notary public or other person who has
been duly authorized so to act.
6. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate
unto myself the above described real estate by means of this affidavit and
hereby files the same with the Registry of Deeds of Baguio City, with the
request that said adjudication be made effective without judicial proceedings
as prescribed by the aforementioned Rules of Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of
March, 2009, in the city of Baguio, Philippines.
_______________________
JUAN P. DE LA CRUZ JR.
Affiant
AFFIDAVIT
I, JUAN P. DE LA CRUZ JR., of legal age, single and now residing at
#66 Teachers Camp, Baguio City, Philippines, after having been sworn in
accordance with law, depose and say:
1. That I am the only surviving son of JUAN G. DE LA CRUZ SR., who died
intestate in the city of Baguio, Philippines, on January 1, 2009 as evidenced
by Death Certificate issued by the Civil Registrar of Baguio and certified by
the National Statistics Office, Baguio City;
__________________________
ATTY. CARLITOS T. PRADO
Notary Public for the City of Baguio
#45 GSM Bldg., Session Rd., Baguio City
Appointment No. 69 until December, 2009
Roll of Attorney No. _______
PTR No. _________;
IBP No. _________;
Series No. of Commission ______
5. That the net value of said estate is not more than TWO MILLION PESOS
(P2,000,000.00), subject to estate and inheritance taxes;
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2. That after mulling over the incident for some time and thinking
that it was just a case of misunderstanding between me and my neighbor, I
have decided to withdraw my accusations against NOVITA B. ORTIZ;
3. That I have executed this affidavit in order to attest to the truth
of the foregoing circumstances and that my desistance to pursue said case is
of my own free will and volition and that there was no coercion or
consideration that took place for me to make such decision.
IN WITNESS WHEREOF, I have set hereunto my signature on the
16th day of February, 2009 at Baguio City, Philippines.
2.
That my relatives, acting on the honest belief that I was
born on 25 December 1981, had used 25 December 1981 as my birth
date in all pertinent school records when they processed my
enrollment at the University of the Philippines in Diliman;
3.
That when I filled up my voters registration record required
by the Commission on Election last May 2007, I had inadvertently and
erroneously written the date of my birth as 25 December 1981
instead of 25 December 1980;
_______________________
JUAN P. DE LA CRUZ JR.
Affiant
4.
That I am executing this Affidavit of Discrepancy to attest to
the truth of the foregoing facts and to explain the discrepancy in my
Certificates of Live Birth, Secondary Student Permanent Record,
Transcript of Records and Voter Registration Form as regards to my
date of birth;
JURAT
Note: This form is executed by a person who decides to withdraw a
case filed by him against another person.
5.
Further, I am declaring that from this date hereon I would
be using my true and correct date of birth of 25 December 1980 in all
my papers, records and other documents.
) S.S.
AFFIDAVIT
JURAT
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2.
3.
4.
AFFIDAVIT
I, NOVITA B. ORTIZ, of legal age, married, Filipino Citizen and
resident of #1 Camelia Street, Upper QM, Baguio City, after having duly
sworn accordance with law do hereby depose and say illegitimacy:
1. That I am the biological mother of BHOY B. ORTIZ who was born
out of wedlock on MAY 2, 2008 at Dagupan City, Pangasinan;
2. That BHOY B. ORTIZ is the son of Pedro Penduko;
3. That I am executing this affidavit to the attest to the truth of the
foregoing statements and for all intents it may deem serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
16th day of February, 2009 at Baguio City, Philippines
__________________
NOVITA B. ORTIZ
Affiant
CTC No._____________
Issued on___________
Issued at Baguio City
JURAT
_______________________
JUAN P. DE LA CRUZ JR.
Affiant
JURAT
Note: This document is required of persons who are about to get
married wherein relative/friend states that he/she has never been
married before.
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2. That recently I had tried to look for the said passport but the same
could not be found;
3.
That despite diligent search and efforts to locate the said
passport, I could not find the same such that I now believe that it is
now lost beyond recovery;
4.
As such, I am executing this Affidavit of Loss to attest to the
truth of the foregoing and to support the application for the issuance
of new one in lieu of the one which was lost.
IN WITNESS WHEREOF, I have set hereunto my signature on the
16th day of February, 2009 at Baguio City, Philippines.
_______________________
JUAN P. DE LA CRUZ JR.
Affiant
2. That said parcels of land are not tenanted but are owner cultivated
and not covered under Operation Land Transfer;
3. That I am executing this Affidavit to attest to the truth of the
foregoing statements.
IN WITNESS WHEREOF, I have set hereunto my signature on the
16th day of February, 2009 at Baguio City, Philippines.
_______________________
JUAN P. DE LA CRUZ JR.
Affiant
JURAT
JURAT
Form No. 9. AFFIDAVIT OF OWNERSHIP WITH UNDERTAKING
AFFIDAVIT
AFFIDAVIT
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__________________________
JUAN MARI B. DE LA CRUZ
Affiant
JURAT
Form No. 10. AFFIDAVIT OF WARRANTY
REPUBLIC OF THE PHILIPPINES )
CITY OF BAGUIO
) S.S.
AFFIDAVIT
I, JUAN P. DE LA CRUZ JR., of legal age, married and residing at No.
66 Teachers Camp, Baguio City, Philippines, after having been duly sworn to
according to law hereby depose and state:
1. That I am the actual buyer of that motor vehicle which is
specifically described as follows:
MAKE:
TYPE:
MODEL:
COLOR:
MOTOR NO.
CHASSIS NO.
2. That the fact of purchase is evidenced by that Deed of Sale of
Motor Vehicle dated December 15, 2008 whereby Mr. Cruise is the vendor
and I am the vendee as entered in the notarial register of Notary Public Willy
Mangalay, as Doc. No. 150; Page No. : 25, Book No. 28: and Series of 2008, a
copy of said Deed of Sale is hereto attached for reference;
3. That I hereby attest to the authenticity of said Deed of Sale and the
genuineness of the transaction and in furtherance thereof, I hereby release
the officers and staff of the Land Transportation Office from any liability
which may occur in the event that there is any flaw or legal infirmities in said
transaction;
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_______________________
JUAN P. DE LA CRUZ JR.
Affiant
JURAT
AFFIDAVIT
I, JUAN P. DE LA CRUZ JR, of legal age, widower, and residing at No.
66 Teachers Camp, Baguio City, Philippines, after having been duly sworn to
in accordance with law, hereby depose and state:
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AFFIDAVIT
I, JUAN P. DE LA CRUZ JR., of legal age, married, and a resident of No.
66 Teachers Camp, Baguio City, Philippines, after having been sworn to in
accordance with law, hereby depose and state;
1.
2.
That I was not able to fully elaborate what I saw because all that I
said were dictated to me by my uncle Pedro De la Cruz and told me to just
mention the name of Boy Pana as the triggerman because, according to him,
no matiliw isuna, isabit na met la dagidiay kakadua na (if he will be
captured he will tell of his companions anyway);
3.
b.
4.
That the facts about the true participation of Boy Pana as well as the
participation of Boy Astig and Boy Indian were not fully elaborated because I
was restrained by my uncle Pedro De la Cruz, for reasons known to him only,
and also because of fear I still feel that time;
5.
e.
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AFFIDAVIT
I, JUAN P. DE LA CRUZ JR., of legal age, single and residing at No.
66 Teachers Camp, Baguio City, Philippines, after having been duly sworn to
according to law hereby depose and state:
1. That I am a welder, applying for overseas employment,
particularly Iraq;
2.
That due to the fact that the name JUAN P. DE LA CRUZ JR.,
seems to be very common, I was told that there have been several
namesakes with criminal or derogatory records found in the NBI
records, a copy of which is hereto attached for reference;
_________________
DINA MAKAPILI
Affiant
CTC No._________
Issued on ________,2008
Issued at _____________
CTC No._________
Issued on ___,2008
Issued at _________
JURAT
_______________________
JUAN P. DE LA CRUZ JR.
Affiant
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JURAT
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Affiant
JURAT
AFFIDAVIT OF DISCREPANCY
AFFIDAVIT OF DISCREPANCY
1. That I was born to the spouses JUAN P. DE LA CRUZ JR., and MARIA
B. DE LA CRUZ on December 22, 1985 in Baguio City, Philippines as
evidenced by the Certificate of Live Birth issued by the City Civil
Registrar of the City of Baguio;
1.
2.
3.
4.
th
day
_______________________
JUAN P. DE LA CRUZ JR.
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AFFIDAVIT OF DISCREPANCY
I, JUAN P. DE LA CRUZ JR., of legal age, Filipino, married and a
resident of No. 66 Teachers Camp, Baguio City, Philippines, having been duly
sworn in accordance with law, hereby depose and state:
1. That on March 22, 2004, I was issued a Philippine Passport with
passport number PP-12345 in which my true surname DELA CRUZ
was stated;
2. That before the expiration of the aforementioned passport on March
22, 2009, I had applied with Philippine Embassy in Manila for the
issuance of a new passport and on February 14, 2009, I was issued a
new Philippine passport with Passport No. PP-56789;
3. However, in the said new passport my surname had been
erroneously misspelled as DELA CRUX;
4. That I execute this Affidavit of Discrepancy to attest to the truth of
the foregoing facts and to explain the discrepancy in my Philippine
Passport with regards my surname.
IN WITNESS WHEREOF, I have hereunto set my hand this 16 th day
of February 2009 at the City of Baguio, Philippines.
_______________________
JUAN P. DE LA CRUZ JR.
Affiant
JURAT
Form No. 18. AFFIDAVIT OF DISCREPANCY(DATE OF BIRTH)
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3. That I hereby warrant title and ownership over the abovementioned personal property and I will defend the possession of the
Pledge from eviction;
AFFIDAVIT OF OWNERSHIP
I, JUAN P. DE LA CRUZ JR, of legal age, Filipino, married and a
resident of No. 66 Teachers Camp, Baguio City, Philippines, having been duly
sworn in accordance with law, hereby depose and state:
1. I am the absolute and legal owner of a GSM handset described as
follows:
Make/Model:
NOKIA 2600C Black
International Mobile Equipment Identification
(IMEI): 354350003717668l
2. That I intend to deliver the said personal property as a collateral to
secure the loan that I am applying for from XYZ Lending Corporation;
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AFFIDAVIT
I, JUAN P. DE LA CRUZ JR, of legal age, Filipino, married and a
resident of No. 66 Teachers Camp, Baguio City, Philippines, having been duly
sworn in accordance with law, hereby depose and state:
1.
2.
3.
delivery;
4.
Should the needs of the baby increase and should my
means improve, I promise to increase the amount of financial support
subject to another agreement which I and ANNA HILTON shall enter
into in the future;
5.
I am executing this affidavit to attest to the foregoing
facts and for whatever legal intent and purpose this may serve.
3.
______________________
JUAN P. DE LA CRUZ JR.
Affiant
JURAT
______________________
JUAN P. DE LA CRUZ JR.
Affiant
JURAT
Note: This is an example of an affidavit of support executed by the
father. This sample affidavit of support includes recognition by the
father that the child being carried by a woman is his.
AFFIDAVIT
I, JUAN P. DE LA CRUZ JR, of legal age, Filipino, married and a
resident of No. 66 Teachers Camp, Baguio City, Philippines, having been duly
sworn in accordance with law, hereby depose and state:
1.
I know the person of ANNA HILTON and that I
acknowledge the baby she is presently carrying is mine;
2. Because of this , I pledge to provide financial support
to ANNA HILTON during her entire pregnancy in the amount of Ten
Thousand Pesos (Php 10,000.00) monthly and until she gives birth;
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AFFIDAVIT
I, JUAN MARI B. DE LA CRUZ, fifteen (15) years of age, Filipino,
married and a resident of No. 66 Teachers Camp, Baguio City, Philippines,
having been duly sworn in accordance with law, hereby depose and state:
1. That I filed my candidacy for Sangguniang Kabataan Kagawad in our
barangay for this coming Barangay Election to be held on OCTOBER 29,
2007;
JOINT AFFIDAVIT
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5. That we are executing this affidavit to attest to the truth of all the
foregoing recitals for all legal intents and purposes, as well as to
request the LCR of Baguio City to cause the necessary correction
in the Certificate of Live birth of our son JUAN MARI BUNGE
adopting the family name DE LA CRUZ .
______________________
MARIA B. DE LA CRUZ
Affiant
CTC no.: 14943427423
Issued on/at: 1-22-07/B. C.
JURAT
UNILATERAL DEED/CONTRACT
-vendee assumes no obligation
- no need for the vendee or the other party to sign the
deed/contract nor the acknowledgment therefore
BILATERAL DEED/CONTRACT
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) S.S.
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___________________________________
BENJAMIN VILLANUEVA DAMPAC
Notary Public
Until December 31, 2010
PTR No. 0116795, 1-4-09, Benguet
TIN 138-172-956
Roll of Attorney No.____
IBP No. _________;
Series No. of Commission
TECHNICAL DESCRIPTION
NORTH: Alejo Tacloy SOUTH: Jerome Beswilen
EAST: Benjamin Tacloy, Jose Culpita,
WEST: Ricardo Pasigon & Marcial Culpita
ASSESSED VALUE: P10070
LOCATION: Saliapan, Tadiangan, Tuba, Benguet
WHEREAS, the provisions of Article 1623 of the New Civil Code of the
Philippines has been complied with.
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_______________
HELEN P. JUAN
Donee
CTC. No. 16920714
Issued on 1-02-06
Issued at Buguias, Benguet
ACKNOWLEDGMENT
WHEREAS, the provisions of Art. 1623 of the New Civil Code of the
Philippines has been complied with
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IN WITNESS WHEREOF,
signatures this 14th day of January
________________
GEORGE TAM
Vendor
CTC. No. 03467494
Issued on 1-11-02
Issued at La Trinidad, Benguet
UC College of Law
WHEREAS, the provision of Article 1623 of the New Civil Code of the
Philippines has been complied with;
__________________
_________________________
LOUIS D. YACUAN
VIOLETA B. CAMI-ING
Vendor
Vendee
CTC. No. 21260143
US Passport No. 094507441
Issued on 1-10=05
Issued on 12-3-98
Issued at La Trinidad, Benguet
Expiration date 12-2-2008
_____________________
PAULINE P. YACUAN
Vendor
CTC No. 21260144
Issued on 1-10-05
Issued at La Trinidad, Benguet
SIGNED IN THE PRESENCE OF:
______________________ and _____________________
ACKNOWLEDGMENT
Form No. 6. UNILATERAL DEED OF SALE OF AN UNREGISTERED LAND
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_____________
MERO MAKIN
Vendee
CTC. No. 22949467
Issued on 1-22-07
Issued at Apayao
BOUNDARIES:
NORTH:Pin No. 007
EAST:Pin No. 007 & Prov. of Kalinga
SOUTH: Sec. 12 WEST:
AREA:
Forty Five Thousand (45,000) Square Meters
ASSESSED VALUE: Four Thousand Three Hundred Ten (P4, 310.00)
Pesos
Of which property is my PARAPHERNAL PROPERTY.
WHEREAS, I, the VENDOR, warrant that the above-described parcel
of Land is free from any lien and/or encumbrance except that which appears,
if any, in the Tax Declaration;
WHEREAS, the above-parcel of land is presently in the possession of
the VENDEES herein;
WHEREAS, the parties hereto hereby agree to register this
document pursuant to the provisions of Act 3344 and that the provisions of
Article 1623 of the New Civil Code of the Philippines have been complied
with;
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b.
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South: 017
West: SECTION 06
___________________
HAROLD F. SIANO
Vendee
_____________________
MARCELA N. SIANO
Vendee
CTC No.
Issued on
Issued at
CTC No.
Issued on
Issued at
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___________________
WILLIAM GESTON
Spouse of Vendor
CTC No.
Issued on
Issued at
___________________
MARLON AUSTRIA
Vendee
CTC No.
Issued on
Issued at
____________________
MARITESS AUSTRIA
Vendee
CTC No.
Issued on
Issued at
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to
to
to
to
point
point
point
point
2;
3;
4;
of
____________________________________________
Containing an area of ONE HUNDRED FIFTY (150) SQUARE
METERS more or less. All corners are indicated on the plan and
are marked on the ground by P.S. Cyl. Conc. Mons. 15 x 40 cms.
Bearings True; Date of original survey: 1915 Date of Subdivision
Survey: November 18, 2003 executed by Engineer Reynaldo M.
David and was approved on February 22, 2005.
Of which I am the absolute owner.
WHEREAS, I hereby warrant the peaceful possession and ownership
by the VENDEES, their heirs and assigns, of the said land and shall defend
them against any adverse claimants whatsoever;
WHEREAS, I hereby warrant that the said parcel of land is free from
any encumbrance except that which appears in the title if any;
WHEREAS, we hereby agreed to register this instrument in
accordance with the provisions of Art. 1623 of the New Civil Code of the
Philippines;
IN WITNESS WHEREOF, we have hereunto affixed our signatures
this ______ day of September 2007 in La Trinidad, Benguet, Philippines.
_____________________
VICTORIA REFORBA
Vendor/ Atty-in-Fact of
___________________
EPIFANIA ORTIZ
UC College of Law
___________________________
QUIRINA LAILA P. MAKIN
Vendee
CTC No.
Issued on
Issued at La Trinidad, Benguet
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CTC No.
Issued on
Issued at Cebu City
___________________
MARVIN C. MAKIN
Vendee
ACKNOWLEDGMENT
UC College of Law
the
2. The parties further agree that the ASSIGNEE shall pay all the
expenses, costs of registration and transfer fees incurred or to be
incurred in the implementation of this Deed and as a consequence
of this Deed of Assignment as well as all internal revenue taxes
that may be imposed thereon.
3. The ASSIGNEE is hereby authorized to cause the registration of
this Deed in the corporate records of PINES CITY DOCTORS
HOSPITAL, INC. and in the issuance of the corresponding
certificate for the share herein conveyed under their respective
names or their nominees of assigns.
IN WITNESS WHEREOF, the parties have hereunto signed this Deed
of Assignment this ______ day of January 2004 in La Trinidad Benguet,
Philippines.
____________________________
GRACE INGOSAN- SOLANO
Assignor
CTC. No.
Issued on
Issued at
____________________________
DR.INOCENCIO LARANANG
Assignee
CTC. No.
Issued on
Issued at
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_______________________________
MELANIE UBANDO-CAMPBELL
CTC. No.
Issued on
Issued at
____________
BERNO CALAS
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________________
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CTC. No.
Issued on
ACKNOWLEDGMENT
Form No. 15. DEED OF UNDERTAKING
CTC. No.
Issued on
Issued at
CTC. No.
Issued on
Issued at
CTC. No
Issued on
Issued at
________________________
HEIRS OF MELECIO PULAS
(Second Party)
_______________ __________________ _______________
ROSITA PULAS GREGORIO PULAS AMADO PULAS
CTC. No.
Issued on
Issued at
ARTHUR PULAS
CTC. No.
Issued on
Issued at
________________________________
HON. GOV. RAUL M. MOLINTAS
Province of Benguet
CTC. No.
Issued on
Issued at
AQUINO PULAS
Issued at
________________
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1.
2.
3.
4.
5.
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_________________
GEORGE OGUES
First Party
________________
KERWIN FELIPE
Second Party
CTC. No.07887881
Issued on 01-15-01
Issued at La Trinidad, Benguet
CTC. No.07892529
Issued on 01-22-01
Issued at Benguet
lien or encumbrance and that I will defend the title and rights of the
VENDEE from any claims of whatever kind or nature from third persons.
IN WITNESS WHEREOF,
We have hereunto affixed our signatures
this ______________ in _____________________.
_________________
________________
FREDO AQUISIO
RACHEL BADUA
Vendor
Vendee
CTC. No.
Issued on
Issued at
CTC No.
Issued on
Issued at
Make: TOYOTA
Model: 1995
Motor No. 2E2877397
Color: WHITE
Type: SEDAN
Plate No. AYD-767
Chassis No. EE100
9551906
File No. 132800000061429
_________________
JAMES CUYASEN
Vendee
TIN 927-995-792
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_____________________________
KNOW ALL MEN BY THESE PRESENTS:
ACKNOWLEDGMENT
CTC. No.21198165
Issued on 7-27-04
Issued at Itogon, Benguet
______________________
DAVID A. ALMORA, Jr.
Vendor
__________________
DANNY M. DASEP
Vendee
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a.
b.
c.
d.
e.
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__________________________
LOUIE CLAIRE SANTIAGO
Vendor
_____________________
CORAZON PARAAN
Vendee
CTC No.
Issued on
Issued at
CTC No.
Issued on
Issued at
IN WITNESS WHEREOF,
we have hereunto affixed our signatures
this _________________ in La Trinidad, Benguet, Philippines.
__________________
SONNY MARANES
Vendor
CTC No.
Issued on
Issued at
_____________________
PILATO OLANGCAY
Vendee
Type: Cargo w/
stakebody
Plate No. ULM 523
Model:
Motor No. 6RB1113166
Color: white/red
WITNESSETH:
________________
JOVITO ARINOS
Vendee
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____________________
and
______________________
ACKNOWLEDGMENT
Form No. 22. DEED OF REAL ESTATE MORTGAGE
OF AN UNREGISTERED LAND WITH BUILDING
054
SOUTH:
056
058
WEST:
026
Shilan, La Trinidad, Benguet
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AREA:
300 Sq.m.
ASSESSED VALUE:
P10, 260.00
UC College of Law
NORTH:
Building Only
SOUTH:
EAST:
WEST:
LOCATION:
Shilan, La Trinidad, Benguet
AREA:
108 Sq.m.
STOREY:
3 Storeys
MARKET VALUE:
P1, 534,140.00
ASSESSED VALUE:
P 536,950.00
This MORTGAGE is constituted under the following conditions:
a.
The MORTGAGOR hereby acknowledges the receipt of the
principal loan in the amount of P4, 500,000.00;
b.
The MORTGAGOR hereby promises and undertakes to pay
the principal loan of P4, 500,000.00 within TWO (2) YEARS from
September 21, 2006;
c.
The MORTGAGOR likewise promises to pay the agreed
monthly interest of THREE (3%) PERCENT from the signing of contract until
the said loan shall have been fully paid and satisfied
d.
The MORTGAGOR shall pay all expenses in connection with
this mortgage, and all other fees and documentary stamps required by law
for its registration, as well as other documents related herewith;
e.
The MORTGAGOR hereby asserts that all real property taxes
and assessments on the property mortgaged up to the current year have
been paid. He binds himself to pay promptly the taxes due on the property
mortgaged;
f.
The MORTGAGOR shall neither lease the mortgaged property
nor dispose of or sell the same in any manner, without first securing the
written consent of the MORTGAGEE;
g.
The MORTGAGOR hereby submits to the jurisdiction of the
proper COURT of La Trinidad, Benguet in the event of litigation in connection
herewith including foreclosure of this mortgage;
h.
If at any time the MORTGAGOR shall fail or refuse to pay the
obligation herein secured when due, or to comply with any of the conditions
and stipulations herein agreed, or shall, during the time this mortgage is in
j.
___________________
JUMAYDI PAAYAS
Mortgagee
CTC. No.16913304
Issued on 1-17-06
At La Trinidad, Benguet
With my conformity:
_____________________and _______________________
ACKNOWLEDGMENT
Form No. 23. DEED OF CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
This CHATTEL MORTGAGE executed by Mr. EDSON M. SIMEON, of
legal age, married to ____________________, Filipino Citizen, with residence and
postal address at No. 362 Cruz, La Trinidad, Benguet, Philippines and
hereinafter referred to as MORTGAGOR, in favor of SANDY BASILIO, of
legal age, married, with postal address at Cruz, La Trinidad, Benguet,
Philippines, hereinafter referred to as the MORTGAGEE.
WITNESSETH:
That for and in consideration of a loan obtained by the MORTGAGOR
from the MORTGAGEE in the sum of ONE HUNDRED THOUSAND (P
100,000.00) PESOS, Philippine Currency, with an interest of TWO ( 2 )
PERCENT MONTHLY, and to secure the payment of the same, the
MORTGAGOR hereby freely and voluntarily CEDE, TRANSFER, AND
CONVEY by way of mortgage unto the MORTGAGEE, her successors and
assigns, that motor vehicle which is more particularly described as follows,
to wit:
Make:
ISUZU
Type:
ALUMINUM VAN
Motor No.: 6BB1-617774
Serial/Chassis: SBR372-3074236
Plate No. PFR 866
File No.
1328-00000012963
________________
HENRY SAGUID
Spouse of Mortgagor
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Mortgagor
Mortgagee
ACKNOWLEDGMENT
JUDITH KIOS, married to Luis Kios, Jr., both of legal age, Filipino
Citizen, and a resident of Km. 4, La Trinidad, Benguet, Philippines, herein
referred to as the FIRST PARTY;
and
CTC. No.
Issued on
Issued at
CTC. No.
Issued on
Issued at
WITNESSETH:
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WHEREAS, before the SECOND PARTY could register the said deed,
Transfer Certificate of Title No. T-39305 was cancelled by virtue of a Partition
Agreement dated March 4, 2005 executed before the undersigned notary
public and entered in her notarial registry as Doc: 836; Page No. 11; Book
No. IX; Series of 2005;
WHEREAS, as a consequence of the said Partition Agreement,
Transfer Certificate of Title No. 57354 was issued which now covers the
reduced area of TWO HUNDRED TWENTY (220) SQUARE METERS;
WHEREAS, the PARTIES are executing this document to confirm and
affirm the existence and validity of the above mentioned REAL ESTATE
MORTGAGE hereto attached as ANNEX A and for the purpose of
registering and cause the annotation of the same on Transfer Certificate of
Title No. T-57354 registered in the name of the FIRST PARTY and on file
with the Office of the Register of Deeds of Benguet;
FINALLY, this contract shall be binding and enforceable upon the
heirs, assigns and the successors of the parties herein.
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures this ______day of April 2005 in La Trinidad, Benguet, Philippines.
_____________
JUDITH KIOS
First Party
ACKNOWLEDGMENT
Form No. 25. PARTITION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Partition Agreement entered into by and between:
ARTHUR P. BANASEN, of legal age, single, Filipino Citizen with
residence and postal address at JB-124 Central Pico, La Trinidad, Benguet,
Philippines and herein referred to as the FIRST PARTY;
and
WILSON BANASEN married to Sharon R. Banasen, both of legal age,
Filipino Citizens and residents of JB-124 Central Pico, La Trinidad, Benguet,
Philippines and herein referred to as the SECOND PARTY;
and
AMOR B. SEGUNDO married to Ferdinand B. Segundo, both of legal
age, Filipino Citizens and residents of JB-124 Central Pico, La Trinidad,
Benguet, Philippines and herein referred to as the THIRD PARTY;
WITNESSETH:
____________________
NIEVES A. ADAWAN
Second Party
CTC No.
CTC No.
Issued on
Issued on
Issued at La Trinidad, Benguet Issued at La Trinidad, Beng.
With My Conformity:
_____________
LUIS KIOS, Jr.
Spouse of FIRST PARTY
CTC. No.
Issued on_______;
Issued at _______
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No. T-18349
UC College of Law
A parcel of land (Lot 1-F-1-C, Psd-1-06520, being a portion of Lot 1-F-1, Psd1-06067, L.R.C. REC No. _____) situated at Bo. Pico, Mun. of La Trinidad, Prov.
of Benguet, Island of Luzon. Bounded on the SW., along line 1-2-3 by Lot 1-D,
Psd-1-05141, on the W., N., NE., E, & S., along lines 3-4-5-6-7-8-1 by Lot 1-F1-E, Psd-1-06520. Beginning at a point marked 1 on Lot 1-F-1-C, on plan
being N. 37 deg., 48 E., 1478.03 M. from Triangulation Sta. CENTER, La
Trinidad, Benguet. Thence N. 16 deg., 57 W., 19.99 m. to point 2; thence S.
77 deg., 11 W., 9.82 m. to point 3; thence N. 8 deg., 51 W., 14.05 m. to
point 4; thence N. 74 deg. 19 E., 10.95 m. to point 5; thence S., 42 deg., 10
E., 8.72 m. to point 6, thence S. 22 deg., 24 E., 22.50 m. to point 7l; thence
S., 14 deg., 39 E., 4.35 m. to point 8; thence S., 74 deg., 47 W., 8.8 m. to
point of beginning, containing an area of THREE HUNDRED AND SEVENTY
NINE (379) SQUARE METERS. All points referred to are indicated on the plan
and are marked on the ground as follows: points 4,5,7 & 8 by P.S. Cyl. Conc.
Mons. 15 x 60 cm., point 6 by X on stone and the rest by Old P.S. cyl. Conc.
mons 15 x 60 cm. bearing true, date of original survey on June 26-27, 1941;
date of subdivision survey on July 3, 1982 and approved on Aug. 5, 1982..
______________________
____________________
ARTHUR P. BANASEN
AMOR B. SEGUNDO
Co-owner/First Party
Co-owner/Third Party
CTC. No. 16938451
CTC. No.16913063
Issued on 2-02-06
Issued on 1-23-06
Issued at La Trinidad
Issued at La Trinidad
______________________
WILSON P. BANASEN
Co-owner/Second Party
CTC. No. 16933578
Issued on 1-16-06
Issued at La Trinidad
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Lot 6
Beginning at a point marked 1 on plan 49403, S. 87-14 E.
2624.71 m. more or less from B.L.L.M. No. 1 Mpl. Dist. of Kapangan,
thence S. 27-59 E. 95.19 m. to point 2; S. 34-42 E. 9.49 m. to point 3;
S. 39-32 w. 36.26 m. to point 4; N. 59-38 W. 26.85 m. to point 5; N.
15-59 W. 77.88 m. to point 6; N. 29-22 E. 36.01 m. to point 1, point of
beginning. Containing an area of 0.3910 hectare. Point 4, B.L. on stone;
point 5, Old X on Stone; Point 6, Old B.L. Conc. Mon.; and the rest are
B.L. Conc. Mons. Bounded on the Northwest, Public Land; on the
Southeast, by Public Land; on the Southwest, by property of of Locloc
Serafino; and on the Northwest, by property of Vintiria. Bearing true.
Declination 0-21 E. Points referred to are marked on plan F-49403,
Sheet No. 4. Surveyed under the authority of Section 41-43 Act No.
2874 and in accordance with existing regulations of the Bureau of
Lands, by Ricardo R. Quilop, Jr. Surveyor, under the supervision of
Gaudencio Fantony, Public Land Surveyor, on April 6, 1936 and
approved on May 4, 1937.
Lot 5
Beginning at a point marked 1 on plan F-49403, S. 87-13 E.
1943.96 m. more or less from B.L.L.M. No. 1 Mpl. Dist. of Kapangan,
thence S. 45-32 m. 9.07 m. to point 2; N. 21-47 E. 7.52 m. to point 3;
N. 42-20 W. 8.54 m. to point 4; N. 55-20 W. 11.04 m. to point 5; S. 7329 W. 14.31 m. to point 6; N. 25-01 W. 63.13 m. to point 7; N. 76-11
E. 53.73 m. to point 8; S. 57-07 E. 43.90 m. to point 9; S. 10-26 W.
15.14 m. to point 10; S. 29-35 W. 33.59 m. to point 11; N. 80-74 W.
6.24 m. to point 12; S. 20-46 W. 13.11 m. to point 1, point of
beginning. Containing an area of 0.4355 hectare. Pointsnd 9, B.L. Conc.
Mons.; and the rest are Old B.L. Conc. Mons. Bounded on the
Northwest, by property of Tella; on the Southeast, by properties of Tella
and Laoyan Baporo; on the Southwest, by property of Geraldo Pilpilic;
and on the Northwest, by Public Land. Bearings True. Declination 0-21
E. Points referred to are marked on Plan F-49403, Sheet No. 3.
Surveyed under authority of sections 41-43 Act No. 2874 and in
accordance with existing regulations of the Bureau of Lands, by
Teodoro Salanga, Public Land Surveyor, on April 3,1935 and approved
on May 4, 1937.
WHEREAS, the parties have caused the subdivision of the abovedescribed real property into SIX (6) lots as per Subdivision Plan of
_______________________ as surveyed for ___________________________ and they
have partitioned and adjudicated among themselves the said property and
as indicated in Transfer Certificate of Title No. 1086 as follows:
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CTC. No.
Issued on
Issued at
CTC. No.
Issued on
Issued at
_______________________
CARMEN SMITH-PABLO
Co-owner
________________________
AUREA SMITH-MONTE
Co-owner
CTC. No.
Issued on
Issued at
1.
2.
3.
4.
5.
6.
7.
8.
CTC. No.
Issued on
Issued at
Announcement
Title
Actors
Whereases
Agreement Proper
Conditions or Terms
Signatures
Acknowledgment
Fo r m N o . 2 7 . L I V E L I H O O D D E V E LO P M E N T C O N T R A C T
KNOW ALL MEN BY THESE PRESENTS:
This Livelihood Development Contract entered into by and between:
CTC. No.
Issued on
Issued at
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_________________
AIDA BAWAS-SMITH
Co-owner
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d. Finally, it shall pay the SECOND PARTY in accordance with the approved
Schedule of Payment attached to lend hereinafter made part of this Contract,
less taxes and other deductions, disallowances and deferred payments,
which shall be determined by the DENR after evaluating the findings and
recommendations of the Inspection/Evaluation team pursuant to the
provisions of the DENR 2.2.4 above and pertinent provisions of DENR
Administrative Order No. 31, Series of 1991.
THAT for the purpose of this contract the said deceased is being
represented by one of their surviving heirs DENISE R. SAMPANA-RATERTA,
of legal age, married, Filipino Citizen and with residence and postal address
at North Sanitary Camp, Baguio City, Philippines; by virtue of that Special
Power of Attorney executed by her co-heirs CLARITO R. SAMPANA and
HEDILY S. CIUBAL, a copy of which is hereto attached for easy reference.
_____________________
First Party
__________________
Second Party
P1, 925,475.70
P1, 076,913.96
ACCOUNT NUMBER
AMOUNT
1292-06940-1
CTFPLI
ACCOUNT TYPE
P14, 550.94
ACKNOWLEDGEMENT
ACCOUNT NUMBER
UC College of Law
111-81584-5
ACCOUNT TYPE
47
02-000B-00152-CTF-A
A
_______________________________
ATTY. ROQUESA E. De CASTRO
AMOUNT
UC College of Law
AMOUNT
ACCOUNT TYPE
1474-00778-9
ACCOUNT
1474-00752-5
ACCOUNT
5474-00045-3
ACCOUNT
02-0402-00307-ctf-b
EPCIB FUND
00-0402-00016-ctf-k
U.S. DOLLAR FUND
P21, 326.33
PESO SAVINGS
P10, 851.55
PESO
US$2,312.64
DOLLAR SAVINGS
SAVINGS
US$59,573.23
and
CHARLIE PEKAS PENGOSRO, of legal age, Filipino Citizen, with
residence and postal address at #322 Magsaysay Avenue, Baguio City,
Philippines herein referred to as the CLIENT.
WITNESSETH:
WHEREAS, the CLIENT is the surviving heir of the late ANDRES
PENGOSRO who is the owner of that parcel of land situated at Pico, La
Trinidad, Benguet with an area of 29, 256 sq.m., more or less and more
particularly described in PSU-252483;
WHEREAS, the client desires to engage the services of the
SURVEYOR and the latter is willing to accordingly extend his technical
services to the CLIENT;
NOW THEREFORE, the PARTIES have hereunto agreed, as they
hereby agree, on the following stipulations for the foregoing purposes, to wit:
SCOPE OF SURVEYORS SERVICES:
Acting in the interest of the CLIENT, the SURVEYOR shall
perform and conduct the following:
UC College of Law
P499, 634.55
48
ACKNOWLEDGMENT
UC College of Law
a)
b.
b)
c)
d)
e)
f)
g)
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___________________________________
ENGR. SANTIAGO A. SANTIAGO, Sr.
Surveyor
h)
i)
j)
k)
ACKNOWLEDGMENT
Form No. 30. CONTRACT FOR A PIECE OF WORK
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT FOR A PIECE OF WORK entered into by and
between:
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l)
m)
n)
Clean the drilling site upon its completion and demobilize all
equipment, tools and/or his personnel.
The FIRST PARTY shall pay the total consideration in the
amount of EIGHTY THOUSAND (Php.80, 000.00) PESOS
which will cover for the following, to wit:
a)
b)
c)
ACKNOWLEDGMENT
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B. MODE OF PAYMENT:
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PAYMENT:
a.
The SECOND PARTY pays the amount of FOUR
HUNDRED SEVENTY FIVE THOUSAND (Php. 475, 000.00)
PESOS upon the signing of the contract;
b.
All payments shall be made directly to WINACA
DEVELOPMENT CORPORATION with office address at Nardas
Commercial Center, Km. 5, La Trinidad, Benguet. Unauthorized
payment shall not be honored by the FIRST PARTY;
2.
a.
Any unpaid payment shall be charged a penalty
equivalent to TWENTY (20%) PERCENT per annum of the total
unpaid balance;
3.
RELEASE OF TITLE
a.
The title to the lot shall be released six (6) to nine (9)
months after full
payment of the purchase price thereof and
that of the agreed consideration in the contract to build a
residential house thereon.
Capital and documentary stamps shall be at the account of
the FIRST
PARTY while the Transfer taxes and other related
expenses shall be at the account of the SECOND PARTY;
4.
DEFAULT PROVISIONS
a.
If, at any time, the SECOND PARTY fails to pay the
balance
or scheduled payments within the required period
he/she shall be considered in default, and a penalty as provided for
in item No. 2 hereof shall be charged, and with the option given to
the FIRST PARTY to rescind this contract after the expiration of the
grace period and all advance payments made shall be forfeited in
favor of the latter;
b.
The provisions herein above-contained shall be
without prejudice to the right of the SECOND PARTY to SELL,
TRANSFER or CONVEY his/her rights
and interests under this
contract to qualified party within the
grace period
allowed
and before actual cancellation of this contract,
subject, however,
to the written consent of the FIRST PARTY;
c.
Should this contract be cancelled by the SECOND
PARTY, the FIRST PARTY shall refund to the former the cash
surrender value of the
payments on the property equivalent
to FIFTY (50%) PERCENT of the total payments made, less all
expenses that the latter may have incurred
by reason of the
execution of the contract, and expenses that may be
incurred
for repairs on the premises, if any. Refund is also exclusive of
payments
for
insurance
premiums,
agents
commissions, electric and water bills and related expenses, which
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may have been paid by the FIRST PARTY for and in behalf of the
SECOND PARTY, if any.
d.
Except for the stipulations on the mode of payment and
other conditions necessary for the eventual execution of the Deed
of Absolute Sale by the FIRST PARTY in favor of the SECOND
PARTY, all other stipulations herein are understood to be made part
of the DEED which shall be executed upon complete/full payment of
the consideration of this contract;
WHEREAS, the FIRST PARTY warrants that the above-described
residential house and lot are free from any lien and/or encumbrance 60 days
or less from full payment of the balance;
WHEREAS, the provisions of ART. 1623 of the New Civil Code of the
Philippines has been complied with;
WHEREAS, this contract shall be binding and enforceable upon his/her
heirs, assigns and successors of the parties herein.
IN WITNESS WHEREOF, the parties have hereunto signed this
CONTRACT TO SELL this ____________________ in La Trinidad, Benguet,
Philippines.
_____________________
_______________________
WILSON G. CAPUYAN
CARMELINA F. OYALES
First Party
Second Party
CTC. No. 16926913
CTC. No.
Issued on 1-4-06
Issued on
Issued at La Trinidad, Benguet
Issued at
SIGNED IN THE PRESENCE OF:
__________________________
ACKNOWLEDGMENT
Form No. 32. CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF EMPLOYMENT entered into by and between:
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shall
be
paid
monthly
salary
of
F. CONTRACT DURATION:
It is hereby agreed that the EMPLOYEE shall be hired as such
for a period of SIX (6) MONTHS which shall be renewable upon the
mutual consent and agreement of the parties. Provided, however,
that upon the expiration of this contract any extension of
employment granted to the EMPLOYEE shall not be deemed as
automatic renewal and instead should be covered by a separate
contract ; Provided, further, that any work extended by the
EMPLOYEE after the expiration of this contract and with the consent
of the EMPLOYER shall be paid PRO RATA;
G. TERMINATION OF CONTRACT:
Either party may pre-terminate this contract, PROVIDED, that
the party concerned shall serve written notice to the other of his/her
intention to terminate the same at least ONE (1) MONTH prior to
the intended termination. PROVIDED, further, that should the
EMPLOYEE desires to terminate this contract he/she shall surrender
any document or accountability entrusted to him/her in relation to
his/her employment.
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures this ___________________________ in La Trinidad, Benguet,
Philippines.
BEST ONE INTERNATIONAL
(Employer)
Represented By:
SERVICES
__________________________
CRISTINA E. MARASIGAN
CTC. No.
Issued on
Issued at
AND
CONSULTANCY
INC.
________________________
MENZI GRACE L. GASTE
CTC. No
Issued on
Issued at
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ACKNOWLEDGMENT
54
ACKNOWLEDGMENT
Form No. 34. MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement made and executed by:
JOSEPHINE S. SAINGAN, of legal age, Filipino, widow and with
residence and postal address at 40 Suello Village, Marcos Highway, Baguio
City hereinafter referred as the FIRST PARTY;
and
JANE DE LA CRUZ, of legal age, married, Filipino, and with postal
address at Km. 6, La Trinidad, Benguet, hereinafter referred as the SECOND
PARTY;
WITNESSETH:
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1.
The SECOND PARTY hereby acknowledge the loan obligation
in the aforementioned MEMORANDUM OF AGREEMENT is still
subsisting in the principal amount of ONE HUNDRED FIFTY
THOUSAND (Php 150, 000.00) plus the accumulated interest and
penalties which now has the total amount of FIVE HUNDRED
THOUSAND SEVEN HUNDRED TWENTY ONE and THIRTY THREE
CENTAVOS (Php 500, 721.33) wherein said amount shall be paid
on or before August 14, 2008;
2.
The SECOND PARTY shall pay the total amount of the loan in
nine (9) equal monthly installments in the amount of FIFTY FIVE
THOUSAND SIX HUNDRED TWENTY FOUR and FIFTEEN
CENTAVOS (Php 55, 624.15) commencing in the month of January
2008 up to August 14, 2008 with the single payment in the last
month in the amount of ONE HUNDRED FOUR THOUSAND PESOS
(Php 104, 000.00);
3.
Finally, both parties hereby agree to mutually comply in good
faith with all the terms and conditions of this agreement.
UC College of Law
ACKNOWLEDGMENT
Form No. 36. CONTRACT OF SUB-LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Sub-Lease made and entered into by and between:
REYNALDO LACAMEN, of legal age, married, Filipino and
with residence and postal address Pico, Bayabas, La Trinidad,
Benguet, Philippines hereinafter referred to as the SUB-LESSOR;
and
WITNESSETH:
UC College of Law
ACKNOWLEDGMENT
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2.
TERM.
The term of this Lease shall start on January 1, 2001, and end on the
January 2, 2009. In the event that Landlord is unable to provide the House
on the exact start date, then Landlord shall provide the House as soon as
possible, and Tenant's obligation to pay rent shall abate during such period.
Tenant shall not be entitled to any other remedy for any delay in providing
the House.
3.
RENT.
Tenant agrees to pay, without demand, to Landlord as rent for the House the
(P4, 000.00)sum
in advance on FOUR THOUSAND PESOS, PHILIPPINE
CURRENCY the first day of each calendar month, at the resident of the
landlord, or at such other place as Landlord may designate. Landlord may
impose a late payment charge of FIVE PESOS, PHILIPPINE CURRENCY
(P5.00) per day for any amount that is more than five (5) days late. Rent
will be prorated if the term does not start on the first day of the month or for
any other partial month of the term.
4. SECURITY DEPOSIT
Upon execution of this Lease, Tenant deposits with Landlord TWO THOUSAND
PESOS, PHILIPPINE CURRENCY, (P2000.00), as security for the performance
by Tenant of the terms of this Lease to be returned to Tenant, without
interest, following the full and faithful performance by Tenant of this Lease.
In the event of damage to the House caused by Tenant or Tenant's family,
agents or visitors, Landlord may use funds from the deposit to repair, but is
not limited to this fund and Tenant remains liable.
5.
QUIET ENJOYMENT.
Landlord agrees that on paying the rent and performing the obligations
contained in this Lease, Landlord will not interfere with Tenant's peaceful use
and enjoyment of the House.
6.
USE OF PREMISES.
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damage to such items shall have resulted from Tenant's misuse, waste, or
neglect, or that of the of Tenant's family, agent, or visitor.
B. Tenant agrees that no signs shall be placed or painting done on or about
the House by Tenant without the prior written consent of Landlord.
C. Tenant agrees to promptly notify Landlord in the event of any damage,
defect or destruction of the House, or the failure of any of Landlord's
appliances or mechanical systems, and except for repairs or replacements
that are the obligation of Tenant pursuant to Subsection A above, Landlord
shall use its best efforts to repair or replace such damaged or defective area,
appliance or mechanical system.
15.
ANIMALS.
Tenant shall keep no domestic or other animals on or about the House
without the prior written consent of Landlord.
16.
RIGHT OF INSPECTION.
Landlord and Landlord's agents shall have the right at all reasonable times
during the term of this Lease and any renewal of this Lease to enter the
House for the purpose of inspecting the premises and/or making any repairs
to the premises or other item as required under this Lease.
17.
DISPLAY OF SIGNS.
During the last thirty (30) days of this Lease, Landlord or Landlord's agent
may display "For Sale" or "For Rent" or "Vacancy" or similar signs on or about
the House and enter to show the House to prospective purchasers or
tenants.
18.
HOLDOVER BY TENANT.
Should Tenant remain in possession of the House with the consent of
Landlord after the expiration of the Term of this Lease, a new tenancy from
month to month shall be created which shall be subject to all the terms and
conditions of this Lease, but shall be terminable on thirty (30) days by either
party or longer notice if required by law. If Tenant holds over without
Landlord's consent, Landlord is entitled to double rent, pro-rated per each
day of the holdover, lasting until Tenant leaves the House.
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19.
SURRENDER OF PREMISES.
At the expiration of the Lease, Tenant shall quit and surrender the House in
as good state and condition as they were at the commencement of this
Lease, reasonable use and wear and damages by the elements excepted.
20.
FORFEITURE OF SECURITY DEPOSIT - DEFAULT.
It is understood and agreed that Tenant shall not attempt to apply or deduct
any portion of any security deposit from the last or any month's rent or use
or apply any such security deposit at any time in lieu of payment of rent. If
Tenant fails to comply, such security deposit shall be forfeited and Landlord
may recover the rent due as if any such deposit had not been applied or
deducted from the rent due. For the purposes of this paragraph, it shall be
conclusively presumed that a Tenant leaving the Premises while owing rent is
making an attempted deduction of deposits. Furthermore, any deposit shall
be held as a guarantee that Tenant shall perform the obligations of the Lease
and shall be forfeited by the Tenant should Tenant breach any of the terms
and conditions of this Lease. In the event of default, by Tenant, of any
obligation in this Lease which is not cured by Tenant within fifteen (15) days
notice from Landlord, then in addition to forfeiture of the Security Deposit,
Landlord may pursue any other remedy available at law, equity or otherwise.
21.
ABANDONMENT.
If at any time during the term of this Lease, Tenant abandons the House or
any of Tenant's personal property in or about the House, Landlord shall have
the following rights: Landlord may, at Landlord's option, enter the House by
any means without liability to Tenant for damages and may relet the House,
for the whole or any part of the then unexpired term, and may receive and
collect all rent payable by virtue of such reletting; Also, at Landlord's option,
Landlord may hold Tenant liable for any difference between the rent that
would have been payable under this Lease during the balance of the
unexpired term, if this Lease had continued in force, and the net rent for
such period realized by Landlord by means of such reletting. Landlord may
also dispose of any of Tenant's abandoned personal property as Landlord
deems appropriate, without liability to Tenant.
22.
SECURITY.
23.
SEVERABILITY.
If any part or parts of this Lease shall be held unenforceable for any reason,
the remainder of this Agreement shall continue in full force and effect.
ACKNOWLEDGMENT
24.
INSURANCE.
Tenant acknowledges that Landlord will not provide insurance coverage for
Tenant's property, nor shall Landlord be responsible for any loss of Tenant's
property, whether by theft, fire, acts of God, or otherwise.
25.
BINDING EFFECT.
The covenants and conditions contained in the Lease shall apply to and bind
the heirs, legal representatives, and assigns of the parties.
26.
GOVERNING LAW.
It is agreed that this Lease shall be governed by, construed, and enforced in
accordance with the laws of the Republic of the Philippines.
27.
ENTIRE AGREEMENT.
This Lease shall constitute the entire agreement between the parties. Any
prior understanding or representation of any kind preceding the date of this
Lease is hereby superseded. This Lease may be modified only by a writing
signed by both Landlord and Tenant.
28.
NOTICES.
Any notice required or otherwise given pursuant to this Lease shall be in
writing; hand delivered, mailed certified return receipt requested, postage
prepaid, or delivered by recognized overnight delivery service, if to Tenant,
at the House and if to Landlord, at the address for payment of rent.
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______
A
Landlord
_____
B
Tenant
2.
The monthly rental shall be subject to an increase of FIFTEEN
(15) PERCENT annually;
3.
The LESSEE shall pay to the LESSOR SIX (1) MONTHS
ADVANCE and SIX (1) MONTHS DEPOSIT of the rent upon the
signing of this contract which shall be credited for the last year of the
contract;
4.
The LESSOR shall respect the occupancy of the LESSEE
provided however, that the latter shall faithfully comply with the
terms and conditions of this contract;
5.
The LESSEE shall be responsible for the proper care,
maintenance and sanitation of the said building during his occupancy
and upon the termination of this contract.
6.
7.
8.
9.
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11.
12.
__________________
KIM DAEKYEONG
Lessee
Passport No. JB0543592
Issued on
Issued at
COMPLAINT
Plaintiff, through the undersigned counsel, unto this Honorable Court,
respectfully alleges:
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2.
That defendants spouses Elmer and Mila Hernaez are also of
legal age, Filipino Citizens and residents of San Rafael, San Esteban, Ilocos
Sur where they may be served with summons and other court processes;
3.
That plaintiff Melita H. Queypo is the sister of herein defendant
Elmer Hernaez;
4.
That after the death of their parents, they partitioned the
estate/inheritance left by their parents wherein a Riceland located at San
Rafael, San Esteban, Ilocos Sur was given to defendant Elmer Hernaez and
the shares of the other heirs were also given;
MELITA HERNAEZ-QUEYPO,
Represented by ROSALIO HERNAEZ
Plaintiff,
CIVIL CASE N0. 987
For: EJECTMENT
-versuswith DAMAGES
Spouses ELMER and MILA HERNAEZ
Defendants,
x--------------------------------------------------x
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1.
That plaintiff Melita Hernaez-Queypo is of legal age, Filipino
Citizen and presently residing in Seattle, Washington and represented by her
brother Rosalio Hernaez who is also of legal age, married, Filipino Citizen and
a resident of San Rafael, San Esteban, Ilocos Sur through a Special Power of
Attorney executed in his favor which is hereto attached and marked as
Annex A; (Section4, Rule 8, CAPACITY. Facts showing the capacity of
the party to sue and be sued or the authority of a party to sue or be
sued in a representative capacity or the legal existence of an
organized association of persons that is made a party must be
averred. A party desiring to raise an issue as to the legal existence
or any party or the capacity of any party to sue and be sued in a
representative capacity, shall do so in a specific denial, which shall
include such supporting particulars as are pecularly within the
pleaders knowledge. )
5.
That a residential lot was also given to plaintiff Melita H.
Queypo, her brother and sister Jimmy Hernaez and Arsenia Hernaez-Castro
as their share in the intestate estate of their parents to which they
subsequently declared in their names and now covered under Tax
Declaration Number 009-00672. Copy of the Tax Declaration covering the
said lot is hereto attached and marked as Annex B; (Section7, Rule 8.
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16.
That because of the refusal of the defendants to vacate the
house and lot of the plaintiff, the latter was forced to engage the services of
a lawyer to protect and enforced her rights who charged her of an
acceptance fee of P30,000.00 plus 1,000.00 per hearing;
17.
That due to the unlawful refusal of the defendants to vacate
the premises, plaintiff was embarrassed causing her to suffer sleepless
nights, mental anguish and wounded feelings which if quantified amounts to
50,000.00;
PRAYER
WHEREFORE premises considered, it is most respectfully prayed to
this Honorable Court that the above-entitled complaint be granted;
1. Ordering the defendants to peacefully surrender and immediately
vacate the premises, take nothing except their personal clothing and
be ordered to pay the plaintiff the following;
a. 30,000.00 as attorneys fees plus 1,000.00 per appearance
And to be determined by the Honorable Court
b. 50, 000.00 - in the form of moral damages
c. Cost of the litigation
Other reliefs which are just and equitable under the premises are
also prayed for.
Candon City, Ilocos Sur, for Santiago, Ilocos Sur, December 29,
2006.
____________________________
ATTY. ROBERT B. TUDAYAN
Counsel for Plaintiffs
IBP #621304/ROLL #36459
PTR #0043180/ 01-02-06
At Candon City, Ilocos Sur
TIN # 156-910-014
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Plaintiff,
-versusMARJORIE DEL ROSARIO
VERIFICATION/CERTIFICATION
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Defendant,
x--------------------------------------------------x
COMPLAINT
COMES NOW, the plaintiff through undersigned counsel, and this
Honorable Court respectfully alleges:
1. That the plaintiff is married, Filipino citizen and reiding at Amguid,
Candon City Ilocos Sur where she may be served wtih court
processes, motions ad decisions while the defendant is a Filipino
citizen, married and residing at Sto Thomas, Candon City, Ilocos
Sur where he may be served with summons and court processes;
2. That plaintiff is the owner of a land over which an apartment had
been constructed, located at 439 Candon City, Ilocos Sur;
3. That by virtue of a contract of lease, plaintiff leased unto the
defendant the aforesaid apartment for a consideration of
Php5,000 per month as rental to be paid within the first ten days
of each month starting December 1, 2006;
4. That the defendant failed to pay the agreed rental for several
months starting from February 2007 up to the present;
5. That on April 2, 2007, plaintiff sent a letter of demand to vacate
the apartment which was received by the defendant as shown in
the registry return receipt hereto attached; (Section 1, Rule16,
par. J)
6. That despite said letter of demand which was repeated by oral
demands defendants failed and still refused to pay the agreed
amount of rentals and refused to vacate the apartment;
7. That by reason of the failure of the defendant to vacate the
premises and to pay the unpaid rentals, plaintiff was compelled to
file this complaint engaging the services of a counsel in the
amount of Php10, 000.
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on the ground, Constante Digamo fired two (2) more shots at him
point blank;
S.S.
AFFIDAVIT
I, MACMAC DATO y CAB-JUAN, 17 years of age, single, and a
resident of Sitio Turod, Barangay Manaboc, Burgos, Ilocos Sur, after having
been sworn to in accordance with law, hereby depose and state;
1. That I executed a sworn statement on November 13, 2007 before PO2
Reynaldo C. Mendoza witnessed by PI Federico Donato Calibuso, Chief of
Police of Burgos Municipal Police Station about a crime I personally saw
and witnessed;
2. That I was not able to fully elaborate what I saw because all that I
said were dictated to me by my uncle Andriano Dato and told me to just
mention the name of George Ganaden as the triggerman because,
according to him, no matiliw isuna, isabit na met la dagidiay kakadua na
(if he will be captured he will tell of his companions anyway);
3. That the truths about the killing are as follows:
a. That at about ten oclock (10:00) in the evening of November
8, 2007, while I was in our house, I heard about two (2) gunshots
so I rushed out of our house and went straight to our neighbors
house, Jovelyn Juan Y Manzano, where there was a party going on
and where I know my father was;
b. That when I saw that the people there were merry-making I
returned to our house however, when I was already at the eastern
side of our house, I again heard gunshot so I returned
immediately to the our neighbors house;
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IV. INFORMATIONS
INFORMATION is a written accusation of crime signed by the
prosecutor, charging a person with the commission of a crime; an
alternative to indictment as a means of starting a criminal
prosecution. The purpose of information is to inform the defendant
of the charges against him and to inform the court of the factual
basis of the charges.
1.
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PEDRO LIWANAG
Asst.City Prosecutor
Asst.City Prosecutor
APPROVED:
JURAT
Form No. 2. INFORMATION FOR ATTEMPTED HOMICIDE
WITNESSES:
Accused.
x-------------------------------------------x
INFORMATION
That on or about February 16, 2009, at about 10:00 pm, in the City of
Baguio and within the jurisdiction of this Honorable Court, the said accused
did then and there, while driving his Sarao jeepney with Plate No. AYD 567
__________________
PEDRO LIWANAG
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CONTRARY TO LAW.
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_______________
PETER SANTOS
City Prosecutor
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__________________
PEDRO LIWANAG
Asst.City Prosecutor
APPROVED:
Witnesses:
1. Joe Santos- Rimando Road, Baguio City
2. Peter Bright- Trancoville, Baguio City
Accused.
x-------------------------------------------x
INFORMATION
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______________
PETER SANTOS
City Prosecutor
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1. Dominador
Gallardo- Brookside, Baguio City
2. Derek Ramsey- Trancoville, Baguio City
(Certification of Preliminary Investigation)
JURAT
Accused.
x-------------------------------------------x
INFORMATION
The undersigned hereby accuses JUAN DELA CRUZ of the crime of
FORCIBLE ABDUCTION WITH RAPE, committed as follows, to wit:
That on or about February 16, 2009, at about 3:00 pm, in the City of
Baguio, and within the jurisdiction of this Honorable Court, the said accused,
with lewd and unchaste designs, did then and there willfully, unlawfully and
feloniously abduct a woman named CHESKA GARCIA who is a minor of 14
years while she was on her way home from school, taking and carrying her
away on board a black passenger van, and once said CHESKA GARCIA was in
the custody of the said accused, the latter did there and then, willfully,
unlawfully, and feloniously, had carnal knowledge of the said CHESKA
GARCIA against her will and by means of force, violence, intimidation and
threats.
CONTRARY TO LAW.
Baguio City, Philippines, this 17th day of February 2009.
_______________
PETER SANTOS
City Prosecutor
Witnesses:
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________________
PETER SANTOS
City Prosecutor
than (30) days, and have incapacitated and will incapacitate him from labor
for the same period of time.
CONTRARY TO LAW.
Witnesses:
1.
________________
PETER SANTOS
City Prosecutor
Witnesses:
1. Jeff Reyes- No.88 Bokawkan Road, Baguio City
2. Angel Jose- No.09 Magsaysay Avenue, Baguio City
Accused.
x-------------------------------------------x
INFORMATION
The undersigned hereby accuses JUAN DELA CRUZ of the crime of
LESS SERIOUS PHYSICAL INJURIES, committed as follows, to wit:
That on or about February 16, 2009 at about 9:00 pm, in the City of
Baguio and within the jurisdiction of this Honorable Court, the said accused
did there and then willfully, unlawfully and feloniously, and without justifiable
cause therefor, attack, assault, and beat one JUAN TAMAD, punching and
kicking him in different parts of his body, thereby inflicting on the latter
wounds in different parts of his body, which have required and will require
medical attention for a period of not less than ten (10) days but not more
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the Treasurer of the City of |Baguio, did then and there willfully, unlawfully,
and feloniously, and with grave abuse of confidence, misappropriate, take,
withdraw, and convert for his own personal use and benefit, the total amount
of P500,000.00 which are public funds belonging to the City of Baguio, to the
damage and prejudice of the public interest.
CONTRARY TO LAW.
Baguio City, Philippines, this 17th day of February 2009.
________________
PETER SANTOS
City Prosecutor
Witnesses:
_______________
PETER SANTOS
City Prosecutor
Witness: Angela Ramos- Magsaysay Ave., Baguio City
Albert Reyes- Bakakeng Norte, Baguio City
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CONTRARY TO LAW.
Baguio City, Philippines, this 17th day of February 2009.
__________________
PEDRO LIWANAG
City Prosecutor
Witnesses: Jodi Sta. Maria- Bokawkan Road, Baguio City
Pampi Lacson- Magsaysay Ave., Baguio City
(Certification of Preliminary Investigation) & JURAT
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and Others.
Witnesses:
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intercourse with PEDRA SIPAG, an unmarried girl over twelve but under
eighteen years of age.
CONTRARY TO LAW.
Defendant,
x-------------------------x
MOTION FOR POSEPONEMENT OF HEARING
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and
___________________
ATTY. JURIS POLAR
Copy furnished:
_______________
TIM M. MAKKI
Rm. 501, Nagtatago Building
Dimahanapan Street, Baguio City
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and
NOTICE:
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and
Other relief and/or remedies just and equitable under the premises
are likewise prayed for.
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and
Motion to Appeal as Pauper Litigant be heard together with this motion for
Reconsideration.
Other reliefs and remedies just and equitable under the premises are
likewise prayed for.
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EXPLANATION
Service of a copy to the Office of the City Prosecutor is done through
registered mail with return card due to lack of personnel to affect personal
filing.
________________
RENNAN A. KARL
Form No. 6. MOTION FOR BILL OF PARTICULARS
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 1, BAGUIO CITY
WHEREFORE,
premises
considered,
Defendant
most
respectfully prays that an order be issued by this Honorable Court
requiring the Plaintiff to make more definite statement as to the
particulars of the check mentioned in paragraph 5 of his complaint,
particularly stating the amount of the check, its check number, date,
and the drawee bank;
Other relief and remedies just and equitable under the
premises are likewise prayed for.
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LUKA U. LUKO,
Plaintiff,
CRIMINAL CASE NO. 12334
versusFor:
SHEGGY B. BALIW,
Accused.
x--------------------------------------------------------x
MOTION FOR BILL OF PARTICULARS
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Other relief and remedies just and equitable under the premises are
likewise prayed for.
Baguio City, Philippines, this 8th day of June, 2008.
Conforme:
____________
RENNAN KARL
Attorney for Defendant
No. 123, Camp Allen, Baguio City
PTR NO. 1987654 12-17-08
IBP OR NO. 987173 12-17-08
ROLL NO. 12345 07-20-08
TIN 911-119-246
______________
SHEGGY BALIW
Accused
Greetings:
Please note that on June 12, 2008 both at 8:30 oclock in the morning
or as soon as the undersigned counsel may be heard, he will submit the
foregoing Motion for the consideration and approval of the Honorable Court.
________________
RENNAN A. KARL
Copy Furnished:
_________________________
PROS. JOBERT MAL DITA
Office of the City Prosecutor
Baguio City, Philippines
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x---------------------------x
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Notary Public Atty. Taran Tado at the latters address on March 5, 2009 at
10:00 a.m., upon oral examination. The oral examination will continue from
day to day at the same time and place until the oral examination is
completed.
Baguio City, Philippines, 2 March, 2009.
___________
ABO GADO
Atty. for Plaintiff
2/F Porta Vaga Bldg., Session Rd., Baguio City
Roll No. 12345678
PTR No. 976030 01/05/09
IBP No. 8500656 01/06/09
Form No. 3. NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION
Copy Furnished:
_______________
____________
Atty. Juan Reyes
Mr. Jum Boe
Counsel for Defendant
# 56 Kayang
3/F Porta Vaga Bldg. Baguio City
Session Rd., Baguio City
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________________
Atty. Taran Tado
St.
2/F Porta Vaga Bldg.
Session Rd., Baguio
Copy Furnished:
ABO GADO
Atty. For Plaintiff
Details
JUAN DE LA CRUZ,
Plaintiff,
- versusCIVIL CASE NO. CV - 1234
JOSE PEDRO,
For: Action to Recover Possession
Defendant.
of Real Estate
x----------------------x
NOTICE OF COMMISSIONERS REPORT AND SETTING IT FOR HEARING
_______________
Atty. Abo Gado
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JOSE PEDRO,
For:
Defendant.
x----------------------x
of Real Estate
NOTICE OF HEARING
______________
Atty. Abo Gado
Counsel for Plaintiff
2/F Porta Vaga Bldg.
Session Rd., Baguio City
Sir:
Please be informed that the undersigned counsel has set the
foregoing motion for hearing on march 9, 2009 at 8:30 oclock in the
morning for the consideration of the Honorable court or soon thereafter as
counsel may be heard.
_________________
Atty. JUAN REYES
Counsel for Defendant
3/F Porta Vaga Bldg., Session Rd.,Baguio City
Roll No. 12345678
PTR
No. 976030 01/05/09
IPB No. 8500656 01/06/09
Copy Furnished:
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ABO GADO
Atty. For Plaintiff
2/F Porta Vaga Bldg.
Session Rd., Baguio City
88
The undersigned counsel hereby gives notice that Mr. Jose Pedro
died on February 28, 2009, his death certificate being attached hereto as
Annex 1.
Copy Furnished:
JUAN DE LA CRUZ,
Plaintiff,
- versusJOSE PEDRO,
Defendant.
x----------------------x
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IPB
ABO GADO
Atty. For Plaintiff
Office of the Prosecutor
Mamburao, Occidental Mindoro
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____________
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2.
3.
4.
5.
6.
7.
8.
Heading
Opening Sentence
Body alleging facts or omissions constituting a crime
Contrary to Law
Oath of Complainant with his/her signature
Certification of the Prosecutor
Jurat
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_______________
KRIS AQUINO
Attorney for the Defendant
Suit 45, Mt. Crest Hotel,Baguio City
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________
JET LEE
RICHARD ONG,
Plaintiff.
CIVIL CASE NO. 123
-versusFor: Unlawful Detainer
CHRISTI PEREZ,
Defendant.
x-----------------------------------x
The Clerk of Court
Regional Trial Court of the City of Baguio
Branch 5
COMES NOW, Attorney BOBBY ANDERSON, counsel of record for the
defendant and to this Honorable Court respectfully moves to withdraw as
counsel of said defendant with the express consent of said defendant as
shown in this motion;
OLD COUNSEL:
___________________
BOBBY ANDERSON
PETITION
PETITIONER, by counsel and to this Honorable Court, alleges:
Petitioner is of legal age and with residence at Sunset St., Baguio
City, while respondent is also of legal age and has his address at Sunrise St.,
Baguio City, where he may be served with summons and other legal
processes.
1. Petitioner and respondent are husband and wife, who were
married on May 10, 2000 at the Baguio Cathedral, Baguio City.
2. After three (3) years of marriage, petitioner begot 2 children from
his respondent husband, named Nick and Vince Carter, and through their
joint efforts the petitioner and respondent were able to acquire two parcels
of land located in Quezon City, one of which is where petitioner lives with her
two children.
3. Respondent showed acts of marital irresponsibility after one year
of their married.
He became alcoholic and frequently quarreled with
NEW COUNSEL:
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MAAN PANYONG,
Petitioner,
Petitioner further prays for such relief as are provided in law and as
may be just and equitable in the premises.
PETITION
PETITIONER MAAN PANYONG, by counsel and to this Honorable
Court, alleges:
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versusMINDO PANYONG,
Respondent.
x------------------------------x
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DAVID POMERANZ,
Defendant.
x---------------------------------------x
COMPLAINT
PLAINTIFF, through the undersigned counsel, unto this Honorable
Court, respectfully states:
1. Plaintiff is a Filipino, of legal age, married to SARAH JANE, and a
resident of Camp 7, Baguio City; while defendant is likewise a Filipino, of
legal age, married to RACIEL GO and a resident of Poliwes, Baguio City,
where he may be served with summons and other court processes;
2. Plaintiff is engaged in the trading of rice, sugar and other
merchandise while defendant is the owner of a rice mill and is also engaged
in the wholesale of different varieties of rice.
3. On June 20, 2008, plaintiff entered into an agreement with the
defendant for the purchase of one thousand (1,000) cavans of Sinandomeng
rice at the rate of One Thousand Five Hundred Pesos (P1,500.00) each.
4.
Under the agreement, plaintiff shall pay a down payment
equivalent to fifty percent (50%) of the total purchase price and the balance
to be paid when he picks up the merchandise from defendants rice mill on
July 30, 2008.
A copy of the agreement dated June 20, 2008 is hereto attached as
Annex A and made an integral part hereof.
compelled to litigate and for the purpose, have to engage the services of the
undersigned law firm for a fee of P100, 000.00.
6. On July 30, 2008, plaintiff went to the defendants rice mill to pick
up the one thousand (1,000) cavans of Sinandomeng rice and to pay the
balance of P500, 000.00.
PRAYER
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13. Defendant should likewise be held liable for interest at the legal
rate, litigation expenses and costs of suit.
Serial
DEMAND LETTER
TO:
JAMES TAPADOR
Accused.
Copy furnished
Form No. 7. APPLICATION FOR PROBATION
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4.
He further undertakes to faithfully and religiously to comply
with the conditions of probation as provided for under PD 968 (The
Probation Law) or as may be ordered by the Honorable Court should
his application for probation be granted.
PRAYER
WHEREFORE PREMISES CONSIDERED, it is respectfully prayed of
this Honorable Court that this pleading be noted and made part of the
records of this case.
It is further prayed that this application of the accused to avail of the
benefits of probation be granted; and such other relief and remedies just and
equitable under the premises are likewise prayed for.
La Trinidad, Benguet, Philippines, this 28th day of July 2003.
___________
JAKE BAKER
Counsel for the Accused
Unit 26, Hillside Square, km. 4
La Trinidad, Benguet
PTR No. 12345, Benguet
IBP No. 98750, Benguet
Roll No. 123, 5-4-00
NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MTC, La Trinidad, Benguet, Philippines
Dear Madam:
Thank You.
_____________
JAKE BAKER
Counsel for the Accused
Copy Furnished
WHEREAS, the FIRST PARTY is scheduled for operation of his injuries
he sustained, specifically his eyes, which expenses thereof will be
shouldered by the SECOND PARTY as well as the expenses for the follow up
check - ups of the former;
WHEREAS, by reason of this agreement, the FIRST PARTY humbly
requests the prosecutor to move for the dismissal of this case;
1.
The second party admitted to be responsible in paying all the
medical expenses of the first party;
2.
The first party is scheduled for operation which expenses hereof
will be shouldered by the second party as well as the expenses for
the follow up check - ups;
3.
The first party humbly requests the prosecutor to move for the
dismissal of this case;
The parties shall faithfully comply with the terms and conditions of
this agreement. Failure to comply with any of the terms and conditions set
herein by any of the parties shall render this agreement null and void and
without effect whatsoever.
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Sir:
_________________
NICANOR MENZI
First Party/Private Complainant
___________________
AGUSTINO RUFINO
Second party/Accused
Assisted By:
____________________________
___________________
PROS. SHERYL SHONTOGAN
ATTY. JAIME CANITE
Designated Prosecutor
Counsel for the accused
ACKNOWLEDGMENT
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Petra Melencio
Defendant.
x---------------------------------------x
to Petra Melencio, for the peace of mind of petitioner and the members of his
family and for the sake of truth.
PETITION
PETITIONER, by counsel and to this Honorable Court, alleges:
1. Petitioner is of legal age, legally married with Aira Sanji, with whom
he has 3 children. Petitioner and his wife have their residence at San Luis,
Baguio City.
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PETITION
PETITIONER, by counsel and to this Honorable Court, alleges:
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Serial No. of
VERIFICATION
JURAT
100
4. More than three (3) days had passed since the arrest and
detention of Senator Arthur Gomez without the latter being judicially
charged in court for rebellion, thereby rendering his detention illegal.
5. Efforts to visit Senator Arthur Gomez proved futile, as respondents
and those guarding him prevented petitioner and her lawyers to see and talk
to him.
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Serial No. of
VERIFICATION
JURAT
Serial No. of
VERIFICATION
JURAT
Form No.14. PETITION FOR GUARDIANSHIP OF A MINOR
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____
2. On September 29, 2008, when the minor was in school, both his
father and mother died of the fire that razed their house at San Roque
Village, Baguio City.
3. The parents of the minor left properties, both real and personal, as
follows:
4. A parcel of land, with TCT No. 1234589 of the Registry of Deeds of
Baguio City and with an area of 1,000 sq. m. together with their residential
house, located at San Roque Village, Baguio City, valued at P50, 000.00.
5. Cash deposit of P50, 000.00 in the bank, at Metro Bank, with
principal offices in Session Road, Baguio City; and
6. Insurance proceeds still to be collected, as a result of the death of
the minors parents, in the total amount of P30, 000.00, from St. Peters
Insurance Company.
7. The parents of the minor died without any will and leaving, as only
heir, the said minor who thus succeeds to the whole estate of his parents.
8. The names, ages, and residences of the other relatives of the
minor are as follows:
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PETITION
PETITIONER, by counsel and to this Honorable Court, alleges:
1. Petitioner is of legal age, Filipino, with residence at San Roque
Village, Baguio City and the uncle of the minor Joshua Avila.
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x----------------------x
PETITION
PETITIONER, by counsel and to this Honorable Court, alleges:
1. Petitioner is of legal age and residing at Block A, Celestial Village,
Baguio City.
2. Petitioner and her husband, Lebron James, were married by church
wedding on April 27, 1998 at the St. Vincent Church, Baguio City. They have
two children, Myra and Mina James.
3. Petitioners husband is a seaman, serving as ship captain in the
ship, MV-Jupiter, which plied from Manila to Davao.
4. On January 8, 2005, the ship collided with another ship, and both
ships sunk in the waters of Davao. Many crew if said ship were missing, one
of them being petitioners husband and since then until the present a period
of four years had lapsed. And petitioner has not heard from him or from the
surviving crew members of said ship, nor from his relatives and owners of
said ship. Petitioner had a well-founded belief that her husband was already
dead.
5. Pursuant to Art. 41 and Art. 391 of the Family Code, petitioner files
the instant petition for declaration of the presumption of death of her
husband, Lebron James.
WHEREFORE, Petitioner prays that judgment be rendered, declaring
that petitioners husband, Lebron James, is presumed dead, for all legal
purposes.
Baguio City, Philippines, March 3, 2009.
_____________
JACKY CHAN
Counsel for the Petitioner
Juniper Bldg., Baguio City
Roll of Attorneys No.
PTR No. ____
IBP No. _____
Commission
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VERIFICATION
JURAT
without the consent of her husband, the proceeds of which would be used
principally for the education of her children with him.
Baguio City, Philippines, March 3, 2009.
_____________
JACKY CHAN
Counsel for the Petitioner
Juniper Bldg., Baguio City
Roll of Attorneys No.
PTR No. ____
IBP No. _____
Commission
Serial No. of
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4.
That any violation committed by either party to the terms and
conditions of this contract shall be subject to legal sanctions.
IN WITNESS WHEREOF, the parties have hereunto set their hands
this 2nd day of February 2009 at the City of Baguio, Philippines.
________
__________
CLIENT:
LAWYER:
Tiongsan Department Store
Atty. Mau Tang ad
Magsaysay, Baguio City
Tang ad Law Firms & Associates
PROPRIETOR: _______________
EDWARD LAO
Chanum St. Baguio City
CTC No. 12345, Baguio City
IBP No. 5674890, Baguio City
SIGNED IN THE PRESENCE OF THE WITNESSES:
___________________
____________
JOCJOC VOLANTE
MICO MILO
Shoe Mart Store
Gen. Manager, Tiongsan Dep't. Store
ACKNOWLEDGMENT
Form No. 19. MEMORANDUM OF AGREEMENT
KNOW ALL THIS MEN BY THIS PRESENTS:
This agreement is made and executed b and between:
BERNARDO DEL ROSARIO, of legal age, married, Filipino citizen, a
resident of Woodsville, Camp 7, Baguio City, hereinafter called the FIRST
PARTY;
and
RAUL EDGARDO
Second party
CTC No. 765487
Issued on 06 29 07
Issued at Baguio City
ACKNOWLEDGMENT
Form No. 20. GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THIS PRESENTS:
I, BEN AFFLECK, of legal age, single, resident of Kias, PMA, Baguio
City, do hereby name, constitute and appoint Attorney Edward Go, to be my
true and lawful attorney, for me and in my name, place, and stead to do and
perform the following acts, and things, to wit:
3.
That the second party hereby undertakes and promise to
whatever expenses incurred by the first party relative to the claim of
the said first party for the insurance of said vehicle particularly at
Standard Insurance, and the first party hereby undertakes not to file
necessary complaint against the second party to any offices and
courts concerned, and hereby release the second party from any
obligations arising thereof;
4.
That this agreement is being executed freely and voluntarily
and for all legal intents and purposes that it may serve and the
parties agreed to abide by the terms and conditions set forth in this
Agreement.
To ask, demand, sue for, recover, collect any and all sums of money,
debts, dues, accounts, legacies, bequests, interests, dividends, and other
things of value of whatever nature or kind as may now be or may hereafter
become due, owing, payable or belonging to me, and to have, sue, and to
take any and all lawful ways and means for the recovery thereof by suit,
attachment, compromise, or otherwise;
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_________
Kid Cash
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00;
1 house and lot located at Asin Rd., Baguio City, the lot measured
5,000 sq. M. And the house of 3 storey, fully furnished, with 5 rooms, and 1
master bedroom, each with comfort rooms and bathrooms with OCT No.
9067-RF-00;
Of which I am the registered owner as evidenced by the above
Transfer and Original Certificates of Title of the Registry of Deeds of Baguio
City; and
HEREBY GIVING AND GRANTING unto my said attorney full powers
and authority to do and perform all and every act requisite or necessary to
carry into effect the foregoing authority to sell, as fully to all intents and
purposes as I might or could lawfully do if personally present, with full power
of substitution and revocation, and hereby ratifying and confirming all that
my said attorney or his substitute shall lawfully do or cause to be done by
virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day
of March 2009 in the City of Baguio, Philippines.
______________
MEG FERRER
Affiant
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1,000 sq. M. Lot located at Camp 7, Baguio City, with TCT No. 4352-E-
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________
Joan Arc
____________
Arnel Ignacio
ACKNOWLEDGMENT
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VIII. ANSWERS
ANSWER the principal pleading on the part of the defendant in
response to plaintiff's complaint; it must contain a denial of all the
allegations of plaintiff's complaint which the defendant wishes to
controvert; it may also contain affirmative defenses which the
defendant may have, which should be stated separately; it may
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Copy furnished:
_______________
JOSE ABOGADO
Counsel for the Defendant
Ninoy Aquino, Manila
Roll No. 1234
IBP No. 808, issued on Dec. 27, 2007 at Manila
PTR No. 888 issued on Jan 4. 2009 at Manila
Serial No. of Commission: 123E
Copy furnished:
ATTY. BETTY DIYOSA
Counsel for the Plaintiff
X Bldg.., Bontoc
Mountain Province
PROOF OF SERVICE (Affidavit of service by mail)
EXPLANATION
ANSWER
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ED WARD CUL L EN O,
Pl ai nti ff ,
AM OR POW ER ,
ANSWER
COMES NOW the defendant, the debtor mentioned in the aboveentitled insolvency proceedings, and in ANSWER to the petition to have him
adjudged insolvent alleges:
That he denies that he has committed any of the acts of insolvency
set forth in said petition, or that he is insolvent.
WHEREFORE, the undersigned prays that these proceedings be
dismissed, with costs, expenses, damages, and counsel fees as may be fixed
and allowed by this Honorable Court.
Baguio City, for Bontoc, Mountain Province. February 14, 2009.
______________
JOSE ABOGADO
Counsel for the Defendant
Ninoy Aquino, Manila
Roll No. 1234
IBP No. 808, issued on Dec. 27, 2007 at Manila
PTR No. 888 issued on Jan 4. 2009 at Manila
Serial No. of Commission: 123E
Pl ai n ti ff ,
- ve rsus The Ch ie f Of Po lice Of Ormo c Cit y
De fe n dan t.
x -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- x
ANSWER
The undersigned respondent in the above-entitled case hereby makes
due return of the writ of Habeas Corpus issued by this Court on February 23,
2009, and by way of answer, most respectfully states:
1)
That the herein respondent has Amor Power under restraint in the
police detention cell at the Ormoc Police Department headquarters, pending
completion of and transfer to the city jail now under reconstruction;
2)
That the herein respondent caused the apprehension of the said
Amor Power on January 30, 2009, and the authority, the true, and the whole
story and cause of the said restraint of the said person are the following, to
wit:
That said party, Amor Power, was apprehended and placed under police
custody on suspicion of having smuggled unlicensed firearm found
abandoned in an army bag at the corner of Teresa and Magallanes Streets,
this city, reported by a person to have been carried by said Amor Power;
That in the evening of January 30, 2009, while investigation of the detainee
was being conducted, the Warrant Section of the Ormoc City Police
Department discovered among its files a warrant for the arrest of said Amor
Power issued by the Regional Trial Court of this city, Branch II, in Criminal
Case No. 1234 entitled People of the Philippines vs. Amor Power for the
crime of Assault upon a person in Authority;
c) That in the above-mentioned criminal case, the detainee has not
posted a bond for her provisional liberty up to the present time;
d) That said detainee has been detained temporarily in the police
detention cell of the Ormoc City Police Department in view of the destruction
through fire of the Ormoc City Jail;
e) That a copy of the warrant of arrest issued against Amor Power is
Criminal Case No. 1234 entitled People of the Philippines vs. Amor Power
commanding her apprehension, is hereto attached as Annex A made an
integral part of this return and answer.
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The complaint states no cause of action. The rule requires that every
action must be prosecuted or defended in the name of the real party in
interest. (Sec. 2, Rule 3 of 1997 Rules of Civil Procedure). Only parties to a
contract may sue or be sued upon that contract.
In the instant case, it is plain in the verification / certification
appeared to the complaint that A is suing in his own name by stating, under
oath, that he is the plaintiff in the case, not A & Z Corporation. A is not a
party to the contract, she has no cause of action against herein defendant.
COUNTERCLAIM
ED WARD CUL L EN O,
Pl ai nti ff ,
- ve rsus BEL L A S WAN GI T,
De fe n da nt.
x -- -- -- -- -- -- -- -- -- -- -- -- -- x
ANSWER
NOW COMES the defendant, by the undersigned counsel, in the
above-entitled case and to this Honorable Court most respectfully alleges:
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ANSWER
Subject matter of the complaint is specific performance of contract,
and the permissive counterclaim has no relation to such subject matter of
complaint, as follows:
Copy furnished:
ATTY. BETTY DIYOSA
Counsel for the Plaintiff
X Bldg.., Bontoc
Mountain Province
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6)
states:
ANSWER
Defendant, by counsel and to this Honorable Court respectfully
VERIFICATION
1)
2)
3)
5)
Assuming, further, that the agent who signed the promissory note
on behalf is duly authorized to do so, the amount of indebtedness therein
stated represented payment of gambling losses of defendant in favor of
plaintiff.
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Defendant, of legal age, after been duly sworn, deposes and says:
That he has caused the preparation of the foregoing answer with
defenses, and the allegations therein are true and correct of his personal
knowledge and/or based authentic records.
Those he further states that the promissory note, Annex A of the
complaint, is a forgery and his signature therein has been gorged, he not
having executed the said promissory note.
Executed this 13th day of March, 2009 at Manila.
__________________
PEDRO MENDOZA
Defendant Affiant
JURAT
Service of answer. Proof of service
3)
4)
1)
2)
The court in the State of Hawaii, U.S.S did not have jurisdiction over the
person of defendant on the ground that defendant was not validly served
with summons nor did he voluntarily appear therein except to question the
courts jurisdiction over his person.
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ANSWER
DEFENDANT, by undersigned counsel and answering the complaint,
and to this Honorable Court, respectfully states:
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The Hawaii court did not have jurisdiction over the subject matter of the suit
because the alleged acts constituting violation of human rights occurred in
the Philippines and not in the United States.
In any event, the foreign judgment Annex A is a clear mistake of facts and
law, and is clearly erroneous, precluding its enforcement in the Philippines.
(Ingfenohl v. Walter E. Olsen and Co., 47 Phil. 189 [1925]; NAgarmull
Binalbagan-Isabela Sugar Co., Inc., 33 SRA 46 [1970])
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ANSWER
RESPONDENT, by undersigned counsel and to this Honorable Court,
answering the petition for cancellation of title, respectfully alleges:
1)
He admits the allegations in par. 1 of the petition regarding
the personal circumstances and addresses of the parties.
2)
He admits the allegations in pars. 2 to 5 to the petition,
subject to qualifications and affirmative defenses herein alleges;
By way of SPECIAL AND AFFIRMATIVE DEFENSES,
respondent alleges:
1)
That the parcel of land in question is a conjugal property of
respondent and his wife, Betty Diyosa;
2)
That the court in Civil Case NO. 123 has not acquired
jurisdiction over the person of his wife because she was not a party
litigant therein:
3)
That the money judgment in Civil Case No 123 arose from
the personal transaction of petitioner in connection with the
accommodation surety he executed to secure payment of the loan
extended by respondent to the corporation, X, which loan did not
benefit the conjugal property, and accordingly said conjugal property
is exempt from execution to satisfy said personal judgment of
respondent.
4)
That the execution sale is invalid because there was no
valid levy made by the sheriff, as at the time the court in Civil Case
No. 123 has not acquired jurisdiction over the person of respondents
wife, who was not a party litigant in said case.
5)
The value of the land in question has market value far exceeding the amount
of money judgment rendered in favor of petitioner, as to unfairly and
unjustly enrich petitioner.
6)
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ANSWER
DEFENDANT, by undersigned counsel and answering for
expropriation files by the Municipality of Mamburao, Occ. Mindoro,
respectfully alleges:
1)
The municipal Ordinance No. 888 is not valid, as it does
not comply with the substantive requirements, as held in Lagcao v.
Labra, 440 SRA 279 (2004), to wit:
J
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Service of answer to Counsel for petitioner and city or provincial prosecutor
Proof of service
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for
Defendant de Castro further prays for such reliefs as may be just and
equitable in the premises.
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2)
He admits having sold his undivided share in the property
in question to Pedro Manzano, as shown in the copy of the deed of
sale, Annex A of the complaint-in-intervention, but he avers in this
connection that the buyer, Pedro Manzano has not fully paid the
consideration.
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