FORM NO.

4: MOTION FOR BILL OF PARTICULARS

Republic of the Philippines

REGIONAL TRIAL COURT
Branch 47
Puerto Princesa City, Palawan

ALEX BERMEJ
Plaintiff, Civil case No. 5524

-versus-
FOR: DAMAGES

ROEL PONCE DE LEON

Defendant
x --------------------------------------x

MOTION FOR BILL OF PARTICULARS

Defendant, by counsel and to this Honorable Court, respectfully states:

1. The complaint alleges that defendant public official, together with herein defendant
movant, acting singly or collectively, and or in unlawful concert with one another, in
flagrante breach of public trust and of sheer fiduciary obligations as public officers with
gross and scandalous abuse of right and power and in brazen violation of the Constitution
and laws of the Philippines, embarked upon a systematic plan to accumulate ill-gotten
wealth.

2. The foregoing allegations are conclusions of law, which plaintiff should clarify and flesh
them with facts and specific acts to enable defendant-movant to prepare and file a
responsive answer thereto which requires information as to precise nature, character,
scope and extent of plaintiff’s cause of action.

WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars of the
facts and acts constituting the conclusions alleged in the complaint.

ATTY. PERCIVAL JAMES L. LACEBAL

Counsel for the Defendant

NOTICE OF HEARING

Atty. Juan S. Magbanua

Counsel for the defendant
Bgy. San Pedro, Puerto Princesa City

Sir:
 Please be informed that the undersigned counsel has set the foregoing Motion for
Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the
Honorable Court or soon thereafter as counsel maybe heard.

ATTY. PERCIVAL JAMES L. LACEBAL

Counsel for the Plaintiff
Bgy. Sta. Monica. Puerto Princesa City

AFFIDAVIT OF PERSONAL SERVICE

I, RUBEN R. PADILLA, of legal age and having been duly sworn depose and say:

That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the
case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such
messenger I served upon the counsel of adverse party and other parties, the Motion for
Consideration filed in said case, as follows:

Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering
personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by
his signature or initial on the said pleading, this 23rd day of October 2013

IN WITNESS WHEREOF, I have signed this affidavit this 24th day of October 2013 at
Puerto Princesa City.

Ruben R. Padilla
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City
of Puerto Princesa and the Province of Palawan this 24th day of October 2013. Affiant personally
came and appeared with Driver’s License ID No. issued by the Land Transportation Office and
valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to
me as the same person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument

ATTY. PERCIVAL JAMES L. LACEBAL

Notary Public

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2013;

Copy furnished:
Atty. Marilen Saniel
Counsel for plaintiff
Bgy. San Pedro, PPcity
 PARTS OF A PLEADING

FORM NO.1: COMPLAINT AFFIDAVIT

Republic of the Philippines)

____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT AFFIDAVIT
 The UNDERSIGNED, __________________________, accuses _________, of
_____________, committed as follows, to wit:

That on or about _________, at about _____________ in the _________________,

______________, Philippines, the said accused did then and there willfully, unlawfully,
feloniously, and by means of _____________, committed _____________, upon the undersigned
directly by overt acts to wit: (state the details how the crime was committed).
The undersigned executed this affidavit to attest the truthfulness of the foregoing facts
and to support the filing of Criminal Cases against _______________________________ for
violations of ________________________.

___________, this _____ day of __________, ____.

____________________________
Offended Party

SUBSCRIBED AND SWORN to before me this ___ day of _______ at

_______________. I HEREBY CERTIFY that I have personally examined the herein offended
party and I am satisfied that they voluntarily executed and understood their given affidavit.

_______________________
Prosecutor

WITNESSES

FORM NO.2: COMPLAINT

(Caption and Title)

COMPLAINT

, MOST RESPECTFULLY STATES THAT; COMES NOW, the plaintiff together

with the undersigned counsel to this most honorable court

1. The Plaintiff is of legal age, married and a resident of _______________________. The

Defendant is likewise of legal age, married and temporary residing at _____________________
2. The Plaintiff is the owner of the two-storey house unit located at the Petersville Subdivision,
Baguio City, and having the residential address of PV 123 as evidenced by pertinent documents
like tax declaration and deed of sale. ( EXHIBIT “A” )
3. The Defendant is the lessee of the house unit that is owned by the Plaintiff as evidenced by the
written contract of lease that both parties signed. (Exhibit “B”)
4. The Plaintiff and the Defendant came up with a written agreement of Lease on June 26, 2007,
which they both agreed upon and was duly signed by the two parties as shown in their contract of
lease. (Exhibit “B”)
5. Item No. 16 of the contract which the defendant signed expressly provides that he will only be
occupying the property for one (1) year, after which, he will vacate the house when that term
expires. (Exhibit “B”)
6. The contract also provides that the defendant should also take care of the property and its
premises” with the utmost diligence”.
7. On June 28, 2008, the plaintiff, after returning from Japan, was surprised to discover that the
defendant did not vacate the property as he expected. Worse, he installed a “sari-sari store” in the
original building structure of the house unit.
8. The plaintiff confronted the defendant about it but the defendant claimed that it was a “DEED
OF SALE” which they signed and not a “CONTRACT OF LEASE” and therefore, the defendant
is the new owner of the house unit.
9. On August 20, 2008, after continuous demands, the defendant constantly refuses to vacate the
house unit and even invited relatives to stay with him.
10. The defendant willfully and maliciously violated the agreement which they mutually agreed
upon, and which the defendant signed.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgement be rendered in favor of the plaintiff and that after judgement;

a. The defendant shall vacate the house unit owned by the plaintiff.
b. The defendant shall be ordered to pay P 120, 000 for the Attorney’s Fees.

Such other reliefs and remedies under the premises are likewise prayed for.

_________________, Philippines, this ____ day of _________ 20__.

______________________
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City

FORM NO.3: VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________, of legal age, after having been duly sworn in accordance with
law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.

__________________
_________
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 200_ at

_________________ affiant exhibiting to me his Community Tax Certificate
No.____________________ issued on ________________ 200_ at ______________ City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 20__.

FORM NO.4: ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

CITY/MUNICIPALITY OF ______) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________,

personally appeared _____________ with Community Tax Certificate No. _____________
issued on _____________ at _____________ (and Tax Identification No. (T.I.N.)
_____________), known to me and to me known to be the same person who executed the
foregoing instrument which (he/she) acknowledged to me as (his/her) free and voluntary act and
deed, consisting of only ______ (____) page/s, including this page in which this
Acknowledgement is written, duly signed by (him/her) and (his/her) instrumental witnesses on
each and every page hereof.
WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

FORM NO.5: JURAT

JURAT

SUBSCRIBED AND SWORN to before me, this _____________ day of ______________, in the
City of __________________, by ___________________ with Passport No.________________
issued on __________________at_____________.

Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;