Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
A Compilation of the
BASIC LEGAL FORMS
and
JUDICIAL FORMS & PLEADINGS
1
Submitted by:
LLB3 Section
Tue 6:30-8:30 PM
Submitted to:
Atty. Michael Francis L. Hubahib
Professor, Legal Forms
2
LIST OF STUDENTS
1. Abrenica, Krisleen A.
2. Adlawan, Samuel Jr. G.
3. Adora, Dane Pauline C.
4. Agwayas, Faith B.
5. Alad-ad, Joy Almarie D.
6. Alcalde, Rioje M.
7. Aplacador, Razzel M.
8. Arceo, Emerson S.
9. Barita, Reynold G.
10. Benigay, Renato Jr. G.
11. Caballero, Antonio P.
12. Dalire, Glyza S.
13. Degamo, Bonifacio Jo III S.
14. Dela Cerna, Jacinth D.
15. Donque, Carlito Jr. L.
16. Echavez, Lars Christian
17. Gabica, Keth Vincent M.
18. Gaoiran, Florante T.
19. Go, Rosana A.
20. Gulang, Cesar P.
21. Hatamosa, Analie G.
22. Hermosilla, Crisanto B.
23. Lanugon, Jovan N.
24. Luyao, Myrna O.
25. Mahinay, Jun Carlo F.
26. Maloloy-on, Gerby E.
27. Montecillo, Brian C.
28. Nedia, Chennie Lynn O.
29. Oliva, Renil B.
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30. Pagodon, Eric E.
31. Pananganan, Ramon Paul P.
32. Pelagio, Mabini O.
33. Plando, Ninf Quennie Q.
34. Rabillas, Marcy Jo T.
35. Raotraot, Vincent Louie A.
36. Regulacion, Manny Kent S.
37. Requinto, Mary Grace C.
38. Santiago, Lebene Marie G.
39. Sarillana, Reeman L.
40. Wilwayco, Raphael Aaron B.
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TABLE OF CONTENTS
5
iv. Sale of Vessel ................................................................................... 53
v. Sale of Large Cattle ........................................................................... 55
d. Deed of Donation .............................................................................. 58
e. Easement of Right of Way................................................................. 61
VI. Quitclaim in Labor Cases ............................................................... 63
VII. Notice of Hearing and Explanation .............................................. 64
VIII. Settlement of Estate ...................................................................... 65
a. Extra-Judicial Partition of Real Estate .............................................. 65
b. Extra-Judicial Deed of Partition ........................................................ 66
c. Extra-Judicial Settlement ................................................................... 68
d. Affidavit of Self-Adjudication .......................................................... 69
IX. Mortgage Contracts ......................................................................... 77
a. Real Estate Mortgage......................................................................... 77
b. Chattel Mortgage ............................................................................... 80
c. Deed of Release of Real Estate or Chattel Mortgage ........................ 82
X. Pre-Nuptial Agreements ................................................................... 84
XI. Deed of Assignment of Credit ......................................................... 86
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f. Petition for Quo Warranto................................................................ 113
g. Complaint for Expropriation ........................................................... 116
h. Complaint for Foreclosure of Real Estate Mortgage ...................... 120
i. Complaint for Judicial Partition of Real Estate ............................... 124
j. Complaint for Unlawful Detainer .................................................... 128
k. Complaint for Forcible Entry .......................................................... 131
l. Escheat.............................................................................................. 134
m. Guardianship .................................................................................. 137
n. Adoption of Minors ......................................................................... 139
o. Habeas Corpus ................................................................................. 142
p. Amparo ............................................................................................ 144
q. Habeas Data ..................................................................................... 149
r. Change of Name ............................................................................... 153
s. Change of First Name and Civil Entries .......................................... 157
III. Provisional Remedies .................................................................... 159
a. Complaint with Prayer for Preliminary Attachment ....................... 159
b. Complaint with Application for Preliminary Injunction ................. 163
c. Complaint with Application for Receivership ................................. 165
d. Replevin ........................................................................................... 169
e. Complaint for Separate Support with Application for Alimony Pendente
Lite ....................................................................................................... 172
IV. Miscellaneous Civil Pleadings ....................................................... 174
a. Notice of Appearance as Counsel.................................................... 174
b. Notice of Withdrawal as Counsel .................................................... 176
c. Complaint for Damages ................................................................... 178
V. Other Civil Pleadings ...................................................................... 181
a. Answer ............................................................................................. 181
b. Petition for Trial by Commissioner ................................................. 185
c. Complaint Based on an Actionable Document ............................... 187
d. Complaint in Intervention ............................................................... 189
e. Third Party Complaint ..................................................................... 191
f. Petition for Consolidation of Ownership (Pacto de Retro) .............. 193
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g. Motion for Leave to Effect Service of Summons by Publication ... 195
h. Motion for Leave for Extraterritorial Service ................................. 197
i. Motion for Leave to Amend Pleading .............................................. 198
j. Motion for Bill of Particulars ........................................................... 200
VI. Appeals ............................................................................................ 202
a. Notice of Appeal .............................................................................. 202
b. Record on Appeal ............................................................................ 203
c. Petition for Review on Certiorari .................................................... 205
d. Appellant’s Brief ............................................................................. 208
e. Appellee’s Brief ............................................................................... 212
f. Petition for Review .......................................................................... 225
VII. Pleadings: Criminal Actions........................................................ 226
a. Criminal Complaint ......................................................................... 226
b. Investigation Data Form .................................................................. 234
c. Information ...................................................................................... 238
VIII. Other Criminal Pleadings .......................................................... 240
a. Motion to Quash .............................................................................. 240
b. Motion for New Trial ...................................................................... 241
c. Notice of Appeal .............................................................................. 243
d. Petition for Bail ............................................................................... 244
e. Application of Compulsory Process to Secure Attendance of Witness247
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BASIC LEGAL FORMS
I. Notarial Certificates
JURAT
9
I. Notarial Certificates
Acknowledgment
[ Consisting of one (1) page ]
ACKNOWLEDGMENT
10
I. Notarial Certificates
Acknowledgment
[ Consisting of two (2) page ]
ACKNOWLEDGMENT
11
II. Verification and Certification of Non-Forum Shopping
2. That I have caused the preparation and filing of the foregoing Petition
and I have read all the allegations therein which are true and correct
based on my personal knowledge and authentic documents;
Hazel L. Boromeo
Affiant
12
IBP No. 21, 21 November 2018 Cebu
Office Address 421 Cortes street Mandaue
City, Cebu
Contact No. 09123456789
MCLE Compliance (or Exemption) No.3
Doc. No. 04;
Page No. 09;
Book No. III;
Series of 2019.
13
III. Affidavits
Affidavit of Loss
AFFIDAVIT OF LOSS
3. Efforts were exerted to locate said driver's license, but in spite of diligent
search, it could not be found and the same is now beyond recovery;
4. Said Driver's License has not been confiscated by the LTO, Police or oth
erTraffic Enforcers for any traffic violation;
Series of 2019.
MCLE Compliance No. V – 11112; 8-14-18
II. Affidavits
Affidavit of Change of Name
15
ROLANDO NAVARRETE
(Affiant)
16
III. Affidavits
Affidavit of Preliminary Attachment
RONIE T. BANAG
Affiant
17
IBP No. 15472; 6-15-15
PTR No. 12345; 6-23-15, Cebu City
Doc. No. 07; MCLE Compliance No. V – 11112; 8-14-18
Page No. 12;
Book No. III;
Series of 2019.
III. Affidavits
Judicial Affidavit
TOMAS O SOSMENIA,
Defendant
x-------------------------------------------x
JUDICIAL AFFIDAVIT
(Pursuant to SC AM-8-8-SC)
18
B.) All other related matters, facts and circumstances
relevant and material to this case
Q: How are you related to Dra. Mila D Kunis, the plaintiff in the civil case
no. 08-3636 before the Metropolitan Trial Court of Manila for unlawful
detainer against Tomas O Sosmenia?
A: I am the same.
Q: How did the defendant Tomas O Sosmenia was able to occupy your
property?
A: Yes, he complied with his obligations but only from March 5, 2018 to
Deccember 5,2018. The rental payments for the said months are hereby
attached as EXHIBIT “B”.
Q: What did you do after the defendant failed to pay his rental payment for
the month of January 5,2019- March 5,2019?
A: No.
A: On February 5,2019, I made an oral demand with the plaintiff to pay the
unpaid rentals due and to vacate the premises. However, the defendant,
Tomas O Sosmenia, did not pay the same and did not vacate the
premises. After that, we underwent a Barangay Conciliation proceeding
but it was futile.
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Q: Do you have any document or proof that you and the defendant
underwent a Barangay Conciliation?
A: On June 8, 2014, a day after the expiration of the lease contract, I gave
defendant, Tomas O Sosmenia a formal written demand to pay the
unpaid rentals and vacate the property. A photocopy of the said written
demand is hereby attached as ANNEX “E”.
A: No, he did not. He refused to pay and vacate the said property.
Q: What step did you take after the refusal of the defendant , Tomas O
Sosmenia to pay the unpaid rentals and vacate the property?
A: I filed this action before the Metropolitan Trial Court of Cebu City for
Unlawful Detainer.
Q: In your complain you are asking for the unpaid rentals for the use and
occupation of the said property, how much is your claim for unpaid
rentals from the defendant?
A: The agreed rental per month of P90,000.00 starting April 2014 up to the
time the defendant turn over the said property and vacate the same plus
the interest stipulated in the lease contract until full payment is made.
Q: Finally, do you know why you are executing the foregoing sworn
statement in this case?
MILA D KUNIS
Affiant
20
ATTESTATION
I hereby attest that on this 5th day of March 2019, I have personally
examined the plaintiff, MILA D KUNIS; and that I have faithfully recorded
or caused to be recorded the questions asked and the corresponding answers
made thereto by her. I further attest that I nor any other person herein
present , or assisting me, never coached MILA D KUNIS regarding her
answers.
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Page No. 13;
Book No. III;
Series of 2019.
22
IV. Negotiable Instruments
Promissory Notes
PROMISSORY NOTE
In case of default in payment of this note plus interest when it becomes due
and demandable, I agree to pay an additional amount equivalent to TWO
(2%) per month based on the total amount due and demandable as penalty,
compounded monthly until fully paid; and in case it becomes necessary to
collect this note through any Attorney-at-Law, the further sum of FIVE
(5%) thereof as the attorney’s fee, exclusive of costs and judicial/
extrajudicial expenses.
REYNOLD G. BARITA
Maker
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IV. Negotiable Instruments
Bills of Exchange
BILLS OF EXCHANGE
For the value received, I promise to pay to the order of Yasmin Isabel
Pressman the sum of Ten Thousand Pesos (Php 10,000.00) on or before May
19, 2019 at the City Savings Bank, Cebu.
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IV. Negotiable Instruments
Check
March 9, 2019
Pay to the
P 58, 000.00
Order of MARIA Y. AGWANTA
___________________________
ANTONIO P. CABALLERO
25
V. Simple Contracts
Contract of Lease
[ Lease of Apartment/Condominium Unit ]
CONTRACT OF LEASE
- And –
Pedro Sy, of legal age, Filipino, married and a resident of Lahug, Cebu City,
Philippines, (hereinafter referred to as the "LESSEE");
WITNESSETH: that –
The unit known as Unit No. 2403 in the building known as building
number 200 in 12 Street, Lahug, Cebu City, Philippines and (1) also
described as Unit No. 2403 in the Declaration of High Point I
Condominium Corp. for High Point of Cebu I Condominium, dated
December 26, 2000, and recorded in the Office of the Clerk of the
Cebu City on December 31, 1973, and as shown on the floor plans
filed simultaneously with said Declaration in said Clerk’s Office as
Map Number 18110 and the floor plans filed simultaneously with said
amended Declaration as Map Number 18200.
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at the option of the LESSEE at such new terms and conditions as may agree
upon by the parties.
2. Rental: The LESSEE agrees to pay the LESSOR the monthly rental
fee of Pesos: Ten Thousand Pesos (P10, 000.00), Philippine currency. Upon
signing of this Contract of Lease, the LESSEE shall pay the LESSOR five
(5) months' rentals in advance to be applied on the last five (5) months of the
term of this LEASE. The LESSEE shall also issue seven (7) post-dated
checks covering the monthly rentals for the duration of this LEASE.
3. Deposit: The LESSEE shall also pay the LESSOR the sum of two
(2) months deposit of Pesos: Twenty Thousand Pesos (P20,000.00),
Philippine Currency, to guarantee the payment of any damage to the leased
premises, unpaid utilities and other obligations to third parties by the
LESSEE during the term of the agreement, which deposit shall bear no
interest. Unless applied to said damages, unpaid utilities and other
obligations to third parties, said deposit shall be returned to the LESSEE
within ten (10) days after the termination of this agreement: Provided,
however, that the deposit cannot be applied to unpaid back rentals owed by
the LESSEE prior to the expiration of this agreement. Furthermore, if the
LESSEE vacates the premises before the expiration of the period of lease,
the total amount of the deposit and advance rentals shall be forfeited in
favor of the LESSOR.
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the building administrator of the condominium building shall be for the
account of the LESSEE. The LESSEE hereby guarantees the prompt
payment of any and all charges heretofore mentioned as they fall due. Any
delay in the payment thereof shall constitute a material breach of this
agreement.
9. Repairs: The LESSEE shall, during the duration of the lease, make
all minor repairs on the leased premises to preserve the same in serviceable
or tenantable conditions at the LESSEE's expense except
replacement of parts due to natural wear and tear. The LESSEE, however,
shall give advance written notice to the LESSOR of Ten (10) days prior to
undertaking any minor repair. All damages caused to the leased premises
due to the fault, misuse, carelessness, and/or negligence or on account of the
use thereof by the LESSEE and other occupants therein shall be made good
and repaired by the repairs done. Should the LESSEE fails to make the
necessary and appropriate repairs within five (5) days from demand, the
LESSOR shall undertake the needed repairs and shall charge the costs
thereof to the LESSEE.
13. Sale of Leased Premises: The LESSEE recognizes the right of the
LESSOR to sell or otherwise convey ownership of the leased premises to
28
any other interested party, provided the LESSEE's rights under the lease are
respected.
14. Hazardous and Prohibited Materials: The LESSEE shall not keep
or store in the lease premise any hazardous and obnoxious substance or
inflammable material or substance that might constitute a fire hazard or
other chemicals and materials or prohibitive drugs in violations of the
laws of the Philippines.
a. Failure of the LESSEE to pay two (2) months advance rental and
other bills or charges therefore mentioned as they fall due for any
reason whatsoever within the period to pay.
29
telephone, water in the leased premises without need of further
notice to the LESSEE.
d. If after ten (10) days from the date the LESSOR shall have taken
possession of the aforesaid furniture, fixtures and equipment by
way of security, the LESSEE still fails to pay or settle its unpaid
obligations to the LESSOR the LESSEE hereby consents and
authorizes the LESSOR to sell by way of public or private sale any
or all the furniture's fixtures equipment as may be sufficient to pay
or settle the lessee's unpaid obligations plus the accrued interests
and attorney's fee equivalent to 25% of the total amount due and
unpaid. All expenses that may be incurred in the sale shall be for
the account of the LESSEE.
If the sale proceeds should prove to be inadequate to fully payer settle the
unpaid obligations of the LESSEE, the LESSEE shall remain liable to the
LESSOR for any of the deficiency.
Should the proceeds of the sale of any of the aforesaid properties be
sufficient to pay or settle all of the lessee's unpaid obligations, the LESSEE
may get back its other properties not sold by the LESSOR. If after thirty(30)
days from written notice of the LESSOR directed to the last known
address of the LESSEE, the LESSEE still fails to get back the remaining
properties, said properties shall then be deemed abandoned in favor of the
LESSOR.
The above enumerated remedies proved for the LESSOR shall not be
exclusive, but shall be cumulative and without prejudice to any court action
30
that may be instituted by the LESSOR for any causes of action that may
arise under this contract of lease.
18. Attorney's Fee: In case the LESSOR resorts to judicial action base
upon or in connection with this lease contract, the LESSEE hereby agrees to
pay attorney's fee equivalent to ten (10%) percent of the total amount
involved pr claimed by the LESSOR as against the LESSEE plus all court
expenses and/or costs of litigation.
19. Venue: All court actions from this contact of lease shall be filed
only in the proper courts of Cebu City, Philippines to exclusion of all other
courts.
20. Time of Essense: Time is the essence hereof any waiver by the
LESSOR of a breach of any term, covenant or condition herein contained,
whether express or implied, shall not constitute of a waiver of any
subsequent breach thereof, or a breach of covenant to pay the rent so
accepted. No waiver by the LESSOR shall be deemed to have been made
unless expressed in writing and signed by the LESSOR.
IN WITNESS WHEREOF, the parties have hereunto set their hands, this
16th day of March at Cebu City, Philippines.
31
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) S.S.
ACKNOWLEDGEMENT
BEFORE ME, this 16th day of March 2019 at the City of Cebu,
Philippines, personally came and appeared the following persons with their
competent identifications to wit:
All known to me and to me known to be the same person who executed the
forgoing instrument and acknowledge to me that the same is in their own
free voluntary act and deed and that of the corporation they purport to
represent.
WITNESS MY HAND AND SEAL on the date and place first above
mentioned.
32
MCLE Compliance No. VI-0008220/march 22, 2018
33
V. Simple Contracts
Contract of Lease
[ Lease of Office Building ]
CONTRACT OF LEASE
-AND-
WITNESSETH
1. That the term of this lease contract shall be for ONE(1) Year
commencing on June 1, 2018 and will terminate on December 1,
2018, renewable at the option of the LESSOR under new terms and
condition;
2. That the agreed rental of the leased area/ premises shall be at TEN
THOUSAND PESOS (Php 10,000.00), Philippine Currency per
month collectible every 6th of the month;
34
3. That as agreed and upon preparation of this agreement the LESSEE
shall give a total amount sum/amount of TWENTY THOUSAND
PESOS (Php 20,000.00), Philippine Currency to the LESSOR
equivalent to one (1) month advance and the down payment of TEN
THOUSAND PESOS(Php 10,000.00), Philippine Currency ;
4. That monthly consumption of electric and water bills and any other
necessities applied shall be for the exclusive account/responsibility of
the herein LESSEE;
6. That the LESEE shall not introduced any and whatever improvements
on the leased area unless the LESSOR shall permit to do so and if ever
the LESSOR permitted the improvements the same shall be at the
account/expenses of the LESSEE, however whatever improvements
that cannot be detached/removed shall belong to the exclusive
property of the LESSOR without need of reimbursement from the
herein LESSOR;
7. That the LESSEE during the period of their occupancy shall hold the
LESSOR free from any damages, liabilities, responsibilities to any
person or property arising from or as a consequence of the use of the
leased premises;
8. That the LESSEE shall keep the premises clean, provide a fire
extinguisher and to maintain the leased premises in its good and
habitable condition;
9. That taxes of the land shall be in the sole expenses of the LESSOR
however whatever taxes as regards to the business of the LESSEE
shall be at the sole account of the latter as well as whatever
minor/major repairs and alterations in the leased commercial building;
10. That should the LESSEE fail to pay for one (1) month (in delay) or
more and violates any of the conditions herein mentioned shall entitle
to terminate this contract by notifying the herein LESSEE in writing
giving he thirty(30) days to vacate the premises and forfeiting
whatever payments made in advance;
This contract of lease supersedes and renders void and any all
agreements and understanding, oral and written previously entered into
by the parties covering the leased property, and this contract may not
hereafter be modified or altered except by another instrument in writing
duly signed by the parties hereto.
35
IN WITNESS WHEREOF, the parties herein affixed their signatures
on the date and place above written.
1.______________________ 2._________________________
ACKNOWLEDGEMENT
WITNESS MY HAND AND SEAL, on the date and place first above
written.
36
37
V. Simple Contracts
Contract of Lease
[ Lease with Option to Purchase ]
-- AND –
WITNESSETH:
THAT, for and in consideration of the payment of rent and the
faithful compliance by the LESSEE/BUYER of all the stipulations and
covenants hereinafter contained, the LESSOR/SELLER has agreed to lease
unto the LESSE /BUYER the premises located at Dona Maria II, Punta
Princesa, Cebu City, Cebu under the following terms and conditions.
3. RENTAL RATE: The monthly rate for the leased premises shall be
in PESOS: TWENTY THOUSHAND PESOS [Php 20,000.00],
Philippine currency. All rental payments shall be made payable to
LESSOR/SELLER or his authorized representatives.
38
two months advance rental or in an total amount of PESOS:
FOURTY THOUSAND PESOS [ Php 40,000.00 ], Philippine
currency.
39
LESSE/BUYER hereby agrees and binds itself to undertake at its
exclusive expense all minor and major repairs as may be required to
maintain the leased premises in good state of repair, any provisions of
law, present or future, or any stipulation in this agreement to the
contrary notwithstanding.
40
as herein stipulated, the LESSOR/SELLER at its option, may
forthwith terminate and cancel this lease and the LESSEE/BUYER
shall be liable for any and all damages as a result of such default and
termination. Forfeiture of whatever rental desists and advances shall
apply in case the LESSEE/BUYER violates any of the provisions in
the contract. Forfeiture shall likewise apply should the
LESSEE/BUYER fails to exercise his option to purchase after the
expiration of this contract.
41
21. TRANSFER EXPENSES: Documentary stamp tax, capital gain tax,
registration fees, transfer tax, and other necessary expenses connected
with the execution and registration of the sale shall be for the account
of and paid by the LESSEE/BUYER.
26. PENAL PROVISION: The parties agree that all covenant and
agreements herein contained shall be deemed conditions as well as
covenants that if default or breach be made of any such covenants and
conditions, then this lease may be terminated and cancelled and the
party in breach shall be liable for any and all damages, actual and
42
consequential, resulting from such breach or termination; provided
however, that no default shall be declared under this lease unless the
party in default has given written notice to cure such default within
thirty (30) days. In the event of violation of this contract, other than
the non-payment of rentals, the party in breach must immediately take
remedial steps to cure the breach not later than thirty (30) days.
_______________________ ____________________
JUAN P. DELA CRUZ MARIA F. CLARA
LESSOR/SELLER LESSEE/BUYER
ACKNOWLEDGEMENT
43
Known to me to be the same persons who have executed the foregoing,
instrument and acknowledged to me that the same is of their own free will
and voluntary act and deed as well as of the corporation herein represented.
44
V. Simple Contracts
Deed of Sale of Realty
[ Registered Land ]
WITNESSETH:
WHEREAS, the above-named SELLERS are the exclusive owner of
a house and lot located Emerald Street, Casals Village, Mabolo, Cebu City,
registered under Transfer Certificate of Title No. before the Registry of
Deeds for Cebu City in the name of LEO B. EBLAMO married to
CHARLITA E. EMBLAMO and declared for taxation purposes under Tax
Declaration No. C-04-028-0009 (land), and Tax Declaration No. C-04-
028-00010 (building) described as a parcel of land ( Lot 7 Block 11, of the
subdivision plan ( LRC ) PSD-81580 being a portion of Lot 836 of the
Banilad Estate. L.R.C. ( GLRO) Record No. 5988; situated in the City of
Cebu, Island of Cebu. Bounded on the NE., points 4 to 1; by lot 8. Block
11; , on the S.E . points 1 to 2, by Road Lot 6 (10.00 m. wide) on the SW.,
points 2 to 3 , by Lot 6 Block 11, all of the subdivision plan; and on the N.,
point 3 to 4, by lot 835, Banilad Estate; Beginning at a point marked “1” on
plan, being N; 44 deg. 36.E 493.11 m. from monument No. 3 Banilad
Estate, thence S. 38 deg. 13 W., 12.00 m. to point 2 thence N 52 deg, 08.
W., 20.37 m to point 3, thence N 42 deg. 09’E., 12.00 m to point 4; thence
S. 52 deg. 14’E., 19.75 m. to the point of beginning containing an area of
TWO HUNDRED FORTY ONE (241) SQUARE METERS, more or
less. All points referred to acts indicated on the plan and marked on the
ground by P.S cylindrical conc. Rate monuments, 15 x 60 centimeters; 15 x
60 centimeters; declination 1 deg. E., date of the original survey August
1906 – July 1907, and that of the subdivision survey, August 25 –
September 25, 1967.
45
NOW THEREFORE, for and in consideration of the sum of THREE
MILLION PESOS (Php3,000,000.00) Philippine Currency, the receipt
whereof is hereby acknowledged in full form from the BUYER to the entire
satisfaction of the SELLERS, said SELLERS do by these presents, SELL,
TRANSFER and CONVEY in a manner absolute and irrevocable unto
the BUYER, her successors and assigns, the above-described parcel of land
with improvement.
The property is paid from the exclusive funds of the BUYER and
shall form part of her exclusive property.
LEO B. EBLAMO
SELLER
CHARLITA E. EBLAMO
SELLER
WITNESSES:
________________________ _____________________________
ACKNOWLEDGEMENT
BEFORE ME, a notary for and in the City of Cebu, personally appeared:
46
Name Identification No. Date/Place Issued
LEO B. EBLAMO
CHARLITA E. EBLAMO
47
V. Simple Contracts
Deed of Sale of Realty
[ Unregistered Land ]
This DEED OF ABSOLUTE SALE is made, executed and entered into by:
-AND-
WITNESSETH, THAT:
The SELLER hereby declare that the boundaries of the foregoing land are
visible by means of Trees; that the land is assessed for the current year at
Php 8,000 as per Tax Declaration No.002958, and that the property is in the
present possession of the SELLER.
The SELLER hereby covenants and agrees with the said BUYER that
he/she is lawfully seized in fee of said premises, that they are free and clear
of all liens and encumbrances, that he/she has a perfect right to convey the
same, and that he/she will warrant and forever defend the same unto said
BUYER, his/her heirs and assigns against the lawful claims of third persons
whomsoever;
48
The above described real estate, not having been registered under Act No.
496 nor under the Spanish Mortgage Law, the parties hereto have agreed to
register this instrument under the provisions of Act 3344.
JOSE D. MANALO
(SELLER)
ACKNOWLEDGMENT
WITNESS MY HAND AND SEAL on the date and at the place above
written.
This Deed of Absolute Sale with Pacto de Retro made and executed
by and between:
and
WITNESSETH:
50
buildings and improvement thereon, free from liens and encumbrances
whatsoever;
51
Page No. 42;
Book No. III;
Series of 2019.
52
V. Simple Contracts
Deed of Sale of Personal Property
[ Sale of Personal Property ]
- and -
WITNESSETH:
53
MARIA FE CLARA ELIZABETH INGLES
SELLER BUYER
54
ACKNOWLEDGEMENT
55
V. Simple Contracts
Deed of Sale of Realty
[ Sale of Motor Vehicle ]
This Deed of Absolute Sale is made and entered into in Cebu City this
1st day of March, 2019 by and between:
- and -
WITNESSETH:
MODEL/MAKE : Honda
COLOR : Gold Wing
BODY : Motorcycle
YEAR OF MODEL: 2017
MOTOR NO. : B1-03-5467
SERIAL/CHASSIS NO. : HZ-1234-09
PLATE NO. : JF 2110
FILE NO.: MC12901
C.R. NO.: 00978135
56
2017 Honda Motor Vehicle, free from any and all liens and encumbrances
whatsoever and on an “AS IS WHERE IS BASIS”.
The SELLER warrants that the Motor Vehicle is free from any liens
and encumbrances and that said SELLER shall defend the title and rights of
the BUYER from any claims of whatever kind or nature from third persons.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public, for and in Cebu City, this 1 st day of
March, 2019 personally appeared:
ATTY. ROSANA A. GO
Notary Public
Until December 31, 2020
PTR No. 1234567
Doc. No. 19;
Page No. 46; 57
58
V. Simple Contracts
Deed of Sale of Personal Property
[ Sale of Personal Property in Installment with Mortgage ]
-AND-
WITNESSETH;
WHEREAS, the VENDEE has offered to buy and the VENDOR has
agreed to sell the above mentioned property under the terms and conditions
herein below set forth;
59
the VENDEE agrees to buy the aforesaid property subject to the following
terms and conditions:
2. Capital Gains Tax and Real Estate Tax, shall be for the account of
the VENDOR;
5. Upon full payment of the total price, the VENDOR shall sign and
execute a DEED OF ABSOLUTE SALE in favor of the
VENDEE. The VENDOR shall likewise execute and/or deliver any
and all documents, including but not limited to the original copy of
Transfer Certificate of Title, Tax Declaration and all
other documents necessary for the transfer of ownership
from VENDOR to the VENDEE.
60
TARZAN BALTAZAR DAN APRIL MAYFEB
ACKNOWLEDGMENT
BEFORE ME, a Notary Public, this 15TH day of MARCH 2019, personally
appeared the following:
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and
place above written.
61
V. Simple Contracts
Deed of Sale of Personal Property
[ Sale of Vessel ]
SALE OF VESSEL
Herein provided that inspection and examination of the vessel is open to the
Tariff Officers to assure its level of seaworthiness
62
LEISEL HATAMOSA
Vendor
WITNESSES:
ACKNOWLEDGMENT
63
Doc. No. 21;
Page No. 51;
Book No. III;
Series of 2019.
64
V. Simple Contracts
Deed of Sale of Personal Property
[ Sale of Large Cattle ]
WITNESSETH, THAT:
3. VENDOR shall assume the risk of the loss of the sugar herein
conveyed by reason of fire, rain, locusts, and other accident or force
majeure, and if due to said causes the VENDOR cannot deliver to the
VENDEE not later than March 31, 2019, the carabao, then it shall be
the obligation of the VENDOR to deliver an equal quantity of
carabao referred to above to the Vendee, and, in default thereof, then
the VENDORshall deliver to the VENDEE its equivalent in money.
65
SIGNED IN THE PRESENCE OF:
__________________ ___________________
ACKNOWLEDGEMENT
66
V. Simple Contracts
Deed of Donation
DEED OF DONATION
IN FAVOR OF:
WITNESSETH:
A parcel of land (Lot No. 60, Gss, 592 ) situated in the Barangay of
Ibabao, City of Mandaue, Island of Cebu. Beginning at a point marked “1”
of lot 60, Gss- 592, being N. 05-35 E., 813.51 m. from BLLM # 1, Gss-592;
thence S. 30-03 W., 35.17 m. to point 2; thence N. 57-52 W., 41.39 m. to
point 3; thence N. 42-03 E., 67.52 m. to point 4; thense S. 70-48 E., 27.21 m.
to point 5; thence S. 29-08 W., 37-51 m. to point 1; point/ of beginning,
containing an area of TWO THOUSAND THREE HUNDRED SIXTY
(2,360 ) SQUARE METERS. ALL POINTS ARE MARKED ON THE
GROUND BY b.l CYL. CONC. MONS. Bounded on the SE., along line 1-2
by lot 59, Gss-592; on the SW., along line 2-3 by Road; on the NW., along
line 3-4 by Creek; on the NE., along line 4-5 by lot 71, Gss-592; and on the
67
SE., alone line 5-1 by lot 966, Gss-592. Bearings true. This lot was surveyed
in accordance with law and existing regulations promulgated thereunder, by
C. Zabala, Public Land Surveyor, on June 14, 1962.
The DONEE is the owner of the building erected in the subject land of
the DONORS and covered by Tax Declaration No. 2017-013-00805.
ACCEPTANCE
RODOLFO R. RAMOS
DONOR
ZENAIDA M. RAMOS
DONOR
By:
68
SHIRLEY R. ARGUELLES
WITNESSES:
________________________ _____________________________
ACKNOWLEDGEMENT
BEFORE ME, a notary for and in the City of Cebu, personally appeared:
WITNESS MY HAND AND SEAL, on the date and place first above
written.
69
Doc. No. 23;
Page No. 55;
Book No. III;
Series of 2019.
70
V. Simple Contracts
Easement of Right of Way
71
That JUAN DELA CRUZ in order to have an access to and from, and
to cultivate the above-mentioned land, and so as to have an outlet to travel
the goods from his crops and for his pasture, which is the nearest public road
and least burdensome to the servient estate and to third persons, it would be
necessary for him to pass through MARIA FE CLARA property, and for this
purpose, a path or passageway of not less than two (2) meters wide through
the whole length of the western side of MARIA FE CLARA property is
necessary for the use of JUAN DELA CRUZ and for all his needs in
cultivating his estate;
This agreement shall be binding between the parties and upon all
their heirs, successors, and assigns.
72
_____________ _____________
ACKNOWLEDGEMENT
73
74
VII. Quitclaim in Labor Cases
75
EDGAR ALLAN DAMASU PONSI
Affiant
76
VII. Notice of Hearing and Explanation
NOTICE OF HEARING
Please submit the foregoing motion to the court for its consideration and
approval immediately upon receipt thereof and kindly include the same in
the court’s calendar for hearing on Friday, 13 February, 2019 at 9:00 o’clock
in the morning.
77
Series of 2019.
VIII. Settlement of Estate
Extra-Judicial Partition of Real Estate
78
GULI RICAFORT, Filipino, of legal age, and married to JOSE
MAGALFO and a resident of Proper Balamban, Cebu, Philippines.
Was constituted as Lot No. 1339, 1349 and 1350 all of my legal age,
Filipino and residing in Balamban, Cebu.
79
Original Certificate of Title No. 20489 of the Register of Deeds of Cebu and
more particularly described as follows to wit:
A parcel of land (Lot No. 1339, 1349 and 1350 of the Cadastral Survey
of Balamban with the improvement thereon, situated in the Municipality of
Balamban, bounded on the N and E by Lots No. 1342 on the S by 1351 and
on Lots 1338 and 1334, 1330, 1329, 1340, 1341, 1342 beginning at a point
marked E on plan, being N 10 deg 25 W: 226.7 from B.B.M. No. 5 thence N
85 deg 44 S: 204.36m to point 2’ thence S 15 deg 32’ E 21.07m to point 3’
thence S 14 deg 43 E; 46.15m to point ‘4’ thence S. 86 deg. 20’ W; 74.65m
to point ‘5’ thence 33’ W; 25.14 to point ‘7’ thence S. 73 deg 16; W 18.34m
to point ‘8’ thence N. 81 deg. 57’ W; 26.41m to point ‘9’ thence N. 57 deg.
54’ W’ 13.42m to point ‘10’ thence N. 33 deg. 46’ W; 25.20m. to point 11”
thence N. 65 deg. 51’ E. 12.02m. to point ‘12’ thence N 24 deg. 44’ E;
16.59m. to point ‘13’ thence N. 61 deg. 38’ W m. to point ‘14’ thence deg.
22’ W; 38. 19m to point ‘14’ thence N. 41 deg. 22W; 38.19 to point ‘15’
thence N.88 deg. 50’ W; 12.83m to point ‘16’ thence N 21 deg. 31 ‘W;
8.07m. to point of beginning an area of Thirty Nine Thousand Four Hundred
Thirty Two (39, 432 square meter, more or less. All point referred to are
indicated on the plan, bearing true; declaration 1 deg. 24’ E date of Survey
on December 23, 2016.
That parties herein agree that it must be divided into Three (3) Lots and
Settle the aforementioned Real Property between them pro indiviso.
That for and consideration of the foregoing the parties herein by these
presents do hereby accepted and designated lot:
1. Lot No. 1339-A, 1349-A and 1350 containing an area of 13, 144
square meters more or less in the name of EUSEBIO LUSTE
RICAFORT, CARMEN R. LOGRONO, DOMINGA R.
LABUGA, MAGDALINA RICAFORT and ANTONIO
RICAFORT;
3. Lot No. 1339-C containing an area of 13, 144 square meters more
or less in the name of GULI RICAFORT, BASILISA R. DUBLIN,
SANDALIA RICAFORT, FRANCISCO RICAFORT, LUCIO
RICAFORT, CRESPINIANO RICAFORT and EVARESTO
RICAFORT;
80
IN WITNESS WHEREOF, we have hereunto affixed our hands this
th
16 of March, 2019, at Cebu City, Philippines.
EVARESTO RICAFORT
HEIR
ID No. __________________
___________________________ ___________________________
(Witness) (Witness)
81
ACKNOWLEDGMENT
BEFORE ME, a Notary Public this 16th of March, 2019, at Cebu City,
Philippines, personally appeared both parties with ID Nos. above written
below their names, known to me to be the same person and acknowledge to
me that the same is their own free act and deed.
WITNESS MY HAND AND SEAL, this date and place first above
written.
82
VIII. Settlement of Estate
Extra-Judicial Deed of Partition
and
WITNESSETH
That the Parties herein are the registered co-owners of the parcel of land
described in Transfer Certificate of Title No. 6557 of the Registry of Deeds
of Cebu City, more particularly described as follows:
83
Public Land (Lot 3, Block 4, Dona Vicenta Subdivision). This
survey was executed under authority of Chapter XI,
Commonwealth Act 141, as amended, and in accordance with
existing regulations of the Bureau of Lands, Regie Andrei
Lastimosa, Deputy Public Land Surveyor, on May 28, 2009 and
approved on November 8, 2009.
That the said Parties have caused the subdivision of the aforesaid parcel of
land into two (2) lots, each having an area of SEVEN HUNDRED (700)
SQUARE METERS, more particularly described as Lots 1 and 2 in the
subdivision plan (LRC) PSD-4829882 which was duly approved by the
Land Registration Commissioner, to wit;
That the above Parties have agreed and covenanted, as by these presents, do
hereby agree and covenant, that Lot 1 as above described shall appertain and
belong to SEAN VINCENT R. FORTICH, his heirs and assigns, and that
Lot 2 as likewise above described, shall appertain and belong to JOSHUA C.
DIONISIO, his heirs and assigns.
84
T-3805 CANCELLED by the Register of Deeds of Cebu City, and in lieu
thereof to ISSUE two (2) new certificates of title for the two lots in favor of
the two owners, respectively.
ACKNOWLEDGEMENT
85
WITNESS MY HAND AND SEAL on the date and place above
written.
86
VIII. Settlement of Estate
Extra-Judicial Settlement
1. That the above-named HEIRS are the only surviving and lawful heirs
of spouses Christopher Z. Santos and Claribell L. Santos, who both
died intestate on 14 February 2019 at Block 1 Lot 2 Colorful
Subdivision, Barangay Linao, Talisay City, Cebu which was the
place of residence at the time of their death;
2. That the deceased spouses at the time of their death left certain real
and personal properties;
3. That the spouses died without any no known debts or obligations due
against the estate of the said decedents and without any will, the
only surviving heirs are above-mentioned Charmaine L. Santos,
Christine L. Santos, and Christian L. Santos;
4. That the heirs affirm that they have executed this instrument
voluntarily, freely and without force, intimidation or violence upon
their person, that they have hereby received their just and proper
share, and that they have no claim or demand against each other.
87
NOW THEREFORE, for and in consideration of the foregoing
premises and invoking the provision of Sec. 1 Rule 74 of the Rules of Court,
the said HEIRS above named have agreed to settle the estate extra-judicially
and to this effect do hereby partition and adjudicate the same unto
themselves and the foregoing inheritance, subject however to the liabilities
imposed by Sec. 4, Rule 74 of the Rules of Court for a period of two years in
favor of any other possible heirs, creditors or any other person deprived of
the lawful participation over the said estate of the deceased and
encumbrances;
In the remote event that any other property of the decedent should
ever be found which is not included hereinabove, the HEIRS hereto further
agree as they do so agree to settle and distribute the same in like manner and
proportion as herein established and disposed.
That the HEIRS hereby covenant and further warrant that should there
be preterition or omission of one, some, or all of the compulsory heirs in the
direct line, whether living or not at the time of the execution of this Deed,
will not invalidate/nullify the terms and conditions of this Deed. Instead, the
HEIRS shall proportionately oblige themselves to pay to the omitted Heirs
or the latters’ heir(s) the share which belongs to him/them, in accordance
with the rules of succession under the Civil Code of the Philippines.
__________________________ _________________________
88
ACKNOWLEDGEMENT
89
PTR NO. 6666769
ROLL NO. 5559714
MCLE COMPLIANCE NO. V-12345
90
VIII. Settlement of Estate
Affidavit of Self-Adjudication
1. I am the sole heir of the late JUAN CRUZ, being his only biological
daughter;
2. The late JUAN CRUZ passed away on January 2, 2019, and died
without any last will and testament;
4. The only property left by my late father is a house and lot, more
particularly described as follow:
91
IN WITNESS WHEREOF, I have hereunto set my hand this 19Th
day of March 2019 in Cebu City, Philippines.
GLORIA CRUZ
Affiant
Voter's ID No. 5555
92
XI. Mortgage Contracts
Real Estate Mortgage
-and-
W I T N E S S E T H:
1. That as security for the payment of the loan in the principal sum
of Five Hundred Thousand Pesos (Php 500,000.00), and such other loans or
advances already obtained, or still to be obtained by the MORTGAGOR(s)
as MAKER(s), CO-MAKER(s), or GUARANTOR(s) from the
MORTGAGEE plus interest at the rate of 4 % per month, payable on the
dates mentioned in the corresponding loan agreement, the MORTGAGOR(s)
by way of first mortgage, mortgages the parcel(s) of land described
hereunder, together with the improvements now existing, or which may
hereafter be made thereon, of which MORTGAGOR(s) represents and
warrants that MORTGAGOR(s) is/are absolute owner(s) and that the said
parcel of land is/are free from all liens and encumbrances. The
MORTGAGOR hereby transfer and convey by way of mortgage unto the
MORTGAGEE, their heirs, successors, executors, administrators or
assigns the following parcel of land covered by and described in Transfer
Certificate of Title No. 1234 issued by the Office of the Registry of Deeds of
Kidapawan, North Cotabato which title is attached hereto as Annex 1.
93
2. That if the obligations herein secure, or any of the amortization of
such indebtedness should be unpaid when due or upon non-compliance with
any of the conditions and stipulations herein agreed, or if the
MORTGAGOR or the person availing of the credit accommodations herein
secured shall, during the time the mortgage is in force, instituted solvency
proceedings or be involuntarily declared insolvent, or if the proceeds of this
loan/credit line should be used or applied for purposes other than those
specified herein, or if this mortgage cannot be recorded in the corresponding
Registry of Deeds, then all the obligations secured by this mortgage and all
the amortization thereof shall immediately become due, payable and
defaulted and the MORTGAGEE may immediately foreclose this
extrajudicially in accordance with Act No. 3135, as amended, and for the
purpose, the Mortgagor hereby names, constitutes and appoints the
Mortgagee as it’s Attorney-in-Fact, to enable it to extrajudicially foreclose
the herein Mortgage and as well as to sign all documents and perform any
act requisite and necessary to accomplish said purpose and to appoint its
substitutes as such attorney-in-fact with the same powers as above-specified.
In case of judicial foreclosure the MORTGAGOR hereby consents to the
appointment of the MORTGAGEE and/or its duly authorized representative
or of any of its designates as receiver, without any bond, to take charge of
the mortgage property at once, and to hold possession of the same and the
rents, benefits and profits derived from the mortgaged property before the
same, less the costs and expenses of the receivership; the MORTGAGOR
hereby agrees further that, in all cases, attorney’s fees is hereby fixed at
25% of the total indebtedness then unpaid, which in no case shall not be less
than Php 5,000.00 exclusive of all cost and fees allowed by law, and the
expenses of collection shall be the obligation of the MORTGAGOR and
shall with priority, be paid to the MORTGAGEE out of any sums realized
from the sale of said property and this mortgage shall likewise stand as
security therefor. It is hereby agreed that the period or periods granted for
the payment of the amortization and/or obligations secured by this
mortgage is for the mutual benefit of both MORTGAGOR and the
MORTGAGEE. The MORTGAGEE may be a bidder at the sale of the
properties hereby mortgage to it, whether under foreclosure proceedings, or
under the powers of sale herein provided, or otherwise. The remedy of the
MORTGAGEE under the powers of sale hereby conferred upon it shall be,
and is in addition to and cummulative with such right of action as the
MORTGAGEE may have in accordance with the present or any future laws
of the Philippines. It is hereby agreed that in the case of foreclosure of this
mortgage under Act No. 3135, the auction sale shall be held at the capital
province; and in case of judicial execution of this obligation or any part of
it, the debtor waive all their rights under the provisions of Rule 39 Section
12 of the Rules of Court, Art. 232 of Republic Act No. 386, known as the
Civil Code of the Philippines, and the proper venue of the foreclosure suit
thereto corresponding, where the mortgage may institute the foreclosure suit
is the Court of First Instance now Regional Trial Court of Davao city or
elsewhere at the election of said MORTGAGEE;
94
3. It is of the essence of this contract that if the MORTGAGOR
fails to pay the principal obligation then this mortgage shall be foreclosed
and the above-mentioned property/ies shall be sold in accordance with law;
but, if the MORTGAGOR pay said obligation together with the interests,
then this mortgage shall become null and void and of no effect.
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for Davao City this 18th day of
December 2015 personally appeared:
ID Number
Lorena H. Camino SSS No. 000-111-222-333
Judith C. Villamora SSS No. 222-333-444-555
All known to me and to me known to be the same persons who executed the
foregoing real estate mortgage and who acknowledged the same to be their
free voluntary act and deed, and that of the entities represented.
95
This document refers to a loan agreement which consists of three (3)
pages including this page on which this Acknowledgement is written, and
duly signed by the parties together with their instrumental witnesses on each
and every page hereof.
WITNESS MY HAND AND SEAL on the date and place first above
written.
ATTY. ERIC PAGODON
Notary Public
102 Maryjoy Bldg. Gen Maxilom Avenue Cebu City.
Roll No. 50308
Book No. III; MCLE Compliance No. V11- 00053803, Jun. 12, 2018.
Series of 2019.
96
XI. Mortgage Contracts
Chattel Mortgage
of which I am the true and absolute owner by title thereto, being evidenced
by Registration Certificate of Motor Vehicle No. 1122 issued in my name by
the Land Transportation Office on July 6, 2017.
This chattel mortgage has been executed in order to secure the full and
faithful payment of my obligation to LUCKY AWANGAN in accordance
with the terms and conditions of this instrument. Upon payment, this
contract shall become canceled; otherwise, it shall continue in full force and
effect and may be foreclosed in accordance with law.
OLIVON OLIVIANO
Mortgagor
97
MARIA OLIVIANO
Mortgagor’s wife
AFFIDAVIT OF GOOD FAITH
ACKNOWLEDGMENT
BEFORE ME, a Notary Public, for and in the City of Cebu, this
25th day of March 2019 personally appeared:
99
IX. Mortgage Contracts
Deed of Release of Real Estate or Chattel Mortgage
________________________________
Lelanie Rubia
WITNESSES:
ACKNOWLEDGMENT
100
BEFORE ME, a Notary Public, for and in the City of Lapulapu, this
20th day of February 2019 personally appeared:
101
X. Pre-Nuptial Agreements
PRE-NUPTIAL AGREEMENT
WITNESSETH:
THAT they hereby mutually agree that all the property, real and
personal. Now owned by the future wife, NINFA G. QUINTANA, shall
remain to be owned exclusive and separate property, subject to her
disposition, administration, and enjoyment; while those of the future
husband, CARLITO M. PLANDO, shall likewise remin also to be his own
exclusive and separate property, subject to his absolute disposition and
administration;
THAT this agreement shall take effect upon the celebration of the
marriage.
IN WITNESS WHEREOF, the parties hereto have signed their names unto
this document on the date and at the place first above written.
102
ACKNOWLEDGMENT
BEFORE ME, a Notary Public, in and for Cebu City, Philippines, this 1st
day of Februrary 2019, personally appeared:
103
XI. Deed of Assignment of Credit
This deed, made and entered into this 14th of March 2019 at the City of
Cebu, by and between:
-AND-
WITNESSETH THAT-
WHEREAS, the ASSIGNOR has offered to assign all his rights, title
and interest over the above unit, as referred in the said contract to sell and
the ASSIGNEE hereby accepts the assignment in accordance with the terms
herein set forth.
104
conveys unto the ASSIGNEE , all his rights, title and interest to the
aforementioned property and appurtenant interest in the condominium
project pursuant to this agreement and the ASSIGNEE by these presents
hereby accepts the assignment and agrees to be bound by the terms and
condition of the Contract to Sell and the rules, and regulations and
restrictions pertaining to the said unit.
ANA SANTOS
MARIA ABAD
ACKNOWLEDGEMENT
Before me, a notary public, for and in the City of Cebu, this 14 th day
of March 2019, personally appeared:
NAME IDENTIFICATION CARD ISSUED ON
/AT
JUAN DELA CRUZ PASSPORT NO. 58I258925
July 24, 2017/Cebu City
PEDRO DELA ROSA PASSPORT NO. 09495593 June 12,
2017/Cebu City
105
All known to me to be the same person who executed the foregoing
instrument, and acknowledged that the same are their free act and deed.
106
JUDICIAL FORMS & PLEADINGS
I. Captions and Titles
Supreme Court
107
I. Captions and Titles
Court of Appeals
108
I. Captions and Titles
Regional Trial Court
ARLYN SANCHEZ
Plaintiff,
-versus- CRIMINAL CASE No: 1022548
FOR: ESTAFA
LOVELY LIM,
Accused
x--------------------------------------------------x
109
I. Captions and Titles
Special Proceedings
KRISLEEN A. ABRENICA
Petitioner,
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
110
I. Captions and Titles
Criminal Proceedings
111
II. Pleadings: Civil and Special Civil Actions
Interpleader
x--------------x
COMPLAINT
1. Plaintiff and defendant are all of legal age; plaintiff resides at 1234
Pelaez street Cebu City, whereas defendants resides at 4321 Pelaez
street Cebu City and 9012 Ramos St. Cebu City respectively, where
they may be served the respective notices;
PRAYER
112
WHEREFORE, I respectfully prayed before this Honorable Court
to issue and order directing defendants to interplead with one another and to
determine their respective rights and claims and to allow plaintiff to recover
his expenses and the costs of this suit as first lien upon the subject of this
action Cebu City, 21st of February 2019.
3. I certify that I have not commenced any action or filed any claim
involving the same issues before any other court and quasi-judicial
agency;
113
Book No. III;
Series of 2019.
114
Herein movants are operators and proprietors of various business
establishments in the City of Cebu whose main customers are local tourists
from far-flung areas in the country having their vacation in the City.
by:
115
Doc. No. 42;
Page No. 95;
Book No. III;
Series of 2019.
NOTICE OF HEARING
Greetings:
KRISLEEN A. ABRENICA
116
II. Pleadings: Civil and Special Civil Actions
Petition for Certiorari
-versus-
RTC CEBU CITY, Branch XX
R.T.C. No. CEB-XXX
PETITION
117
Petitioners, through the undersigned counsel, unto this
Honorable Court of Appeals, most respectfully file this Petition
for Certiorari under Rule 65 assailing the Order of the
respondent court dated November 3, 2006, dismissing the above
complaint, and the Order denying the Motion for Reconsideration
filed by plaintiffs-petitioners on February 5, 2007 at RTC Branch
12, Cebu City, in Civil Case No. CEB -19530 for Specific
Performance, Etc., entitled SPOUSES ARA. ECHAVEZ AND VAN
ECHAVEZ, ET. AL., versus EUTIQUITA ARA, and further
state, THAT:
118
pneumonia, plaintiffs-petitioners’ counsel of record was advise d
by his attending physician to rest. For this reason plaintiffs -
petitioners failed to formally offer their exhibits on time, hence,
they were given another thirty (30) days from July 17, 2006 or
until August 16, 2006 within which to file same;
119
defendant, herein respondent Arañas. A copy of said order is
hereto attached as Annex “C”;
120
upon which to excuse their delay in the filing of their formal
offer of exhibits”. A copy of said order is hereto attached as
Annex “G”;
121
21. And, compounding counsel of record’s predicament
was the fact that his wife was also hospitalized for advanced
diabetes resulting to the amputation of her leg;
122
secure the services of another lawyer at the soonest possible
time. And seeing this precarious situation they were in wherein
time is already of the essence, herein plaintiffs -petitioners then
approached and tried to persuade the services of undersigned
counsel on July 15, 2007, or just barely two (2) days before the
reglementary period to file this petition would lapse;
123
Time to File Petition for Certiorari Under Rule 65 before this
Honorable Court of Appeals.
124
Branch 12, Cebu City, dated November 3, 2006, dismissing the
above-mentioned case, the dispositive portion of which states:
“WHEREFORE, for lack of interest on the part of
the plaintiffs to further prosecute this case, the same is
hereby ordered DISMISSED, pursuant to Section 3 of
Rule 17 of the Rules of Court.
SO ORDERED.
125
COMPELLING enough to merit the sound and favorable
discretion of the court;
126
Indeed, while the public respondent might not be
“despotic” in the manner of the dismissal of plaintiffs -
petitioners’ complaint, and the subsequent denial of plaintiffs’
motion for reconsideration, surely the dismissal and the denial
were done capriciously and whimsically, by the fact that she had
not even considered the plausible and COMPELLING reasons of
their counsel’s failure to formally offer their exhibits;
127
-PRAYER-
ADLAWAN ADLAWAN
& ASSOCIATES LAW OFFICE
Counsels for Petitioners
2 n d Floor Larrobis Building
Poblacion, Miglanilla, Cebu
Tel No. 273-1034
By:
SAMUEL ADLAWAN
PTR NO. 1607006, 1-02-07
IBP NO. 6865241, 12-28-06
CEBU PROVINCE
128
C.C.:
THE PRESIDING JUDGE Reg. Receipt No. ________
RTC Branch 12 Issued on August 1, 2007
Palace of Justice, Cebu City At Minglanilla, Cebu
EXPLANATION
SAMUEL ADLAWAN
129
II. Pleadings: Civil and Special Civil Actions
Petition for Prohibition
ANDRES BONIFACIO
Petitioner,
130
intelligence gathering of the list comes from anonymous and
unverified tips. Those listed are tagged as drug personalities without
final conviction. Some listed persons are reported in the news as
having been summarily executed by unknown assailants. On the 3 rd of
March 2019, the BADAC of Barangay Lahug convened and
announced though public notices that with the Philippine National
Police they were going to conduct door-to-door summons of the drug
dependents/pushers/couriers in the barangay to voluntarily surrender
based on a partial list.
4. Petitioner is a recovering drug dependent for over a year and has
tested negative on a drug test last 1 st of March 2019, herein attached
as Annex “B.” Petitioner reported to the BADAC of his status on the
6th of March 2019 to prevent his name his name from being included
on the watch list. Petitioner is exercising his constitutional right to be
presumed innocent until proven guilty from being violated by the
respondent without or in excess of his jurisdiction. Petitioner also
fears for his life and his family. (State the facts and circumstances
under which the respondent [tribunal, board, or officer exercising
judicial, quasi-judicial or ministerial functions] has acted without or
in excess of its jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction.)
5. There is no other plain speedy, and adequate remedy in the ordinary
course of law.The DDB Regulation provides no
mechanism/process/procedure to remove the name of one listed on the
watch list.
6. That a certified true copy of the DDB Regulation No. 3 Series of 2017
herein sought to be reviewed is here attached, together with copies of
all documents relevant and pertinent thereto.
Incidental reliefs as law and justice may require are likewise prayed
for.
131
Counsel for Petitioner
Rizal Law, Kalayaan Street,
Barangay Socorro, Quezon City
Roll No. 19061861
IBP No. 30121896
PTR No. 12301896
Andres Bonifacio
ANDRES BONIFACIO
Affiant
132
ATTY. DANE PAULINE ADORA
NOTARY PUBLIC
Commission Serial No. 123
Until December 31, 2019
Roll of Attorney 8456
IBP No. 1235
PTR No. 78922366
133
II. Pleadings: Civil and Special Civil Actions
Petition for Mandamus
HAZEL M. BOROMEO
Petitioner, GR SP No. 12345
---versus--- FOR: MANDAMUS
COMMISSION ON ELECTIONS,
Respondents.
1. That the petitioner is of legal age, (state the capacity and residence of the
petitioner, and of the public and private respondents);
2. That (state the facts and circumstances under which the respondent-
tribunal, board or officer) unlawfully neglected the performance of an
act which the law specifically enjoins as a duty resulting from an office,
trust or station, or unlawfully excluded the petitioner from the enjoyment
of a right or office to which the petitioner is entitled;
3. That the petitioner has no other plain, speedy and adequate remedies in
the ordinary course of law other than this action;
4. That (state the material dates showing when notice of judgment or final
order or resolution subject thereof was received, when a motion for new
consideration, if any, was filed and when notice of the denial thereof was
received).
5. That the petitioner by reason of the wrongful act of the respondent has
sustained damages in the sum of Five Thousand pesos (Php5000);
134
Atty. Faith B. Agwayas
Appointment No.321
Roll of Attorney No. 9798
PTR No.1, 21 NOVEMBER 2017 Manila
IBP No. 21, 21 November 2018 Cebu
Office Address 421 Cortes street Mandaue City, Cebu
Contact No. 09123456789
MCLE Compliance (or Exemption) No.3
Hazel M. Boromeo
Affiant
135
Appointment No.321
Roll of Attorney No. 9798
PTR No.1, 21 NOVEMBER 2017 Manila
IBP No. 21, 21 November 2018 Cebu
Office Address 421 Cortes street Mandaue City, Cebu
Contact No. 09123456789
MCLE Compliance (or Exemption) No.3
Doc. No. 45;
Page No. 111;
Book No. III;
Series of 2019.
II. Pleadings: Civil and Special Civil Actions
Petition for Quo Warranto
x----------------------------x
136
requiring the services of a lawyer.”4 The Solicitor General’s authority to
institute a quo warranto petition on behalf of the Republic is provided
under Section 2, in relation to Section 7, Rule 66 of the Rules of Court.
Respondent Maria Lourdes P.A. Sereno may be served with the writs,
orders, and processes of the Court at 31 Hunt Street, Filinvest East,
Antipolo City, through the Office of the Chief Justice, Supreme Court of
the Philippines, Padre Faura, Ermita, Manila.
137
b. be at least forty (40) years of age but not seventy years old or
more
c. have been for fifteen (15) years or more a judge of a lower
court or engaged in the practice of law in the Philippines; and
d. be of proven competence, integrity, probity, and independence.
138
which were required to determine whether she passed the
Constitutional requirement of integrity. Thereafter, the Solicitor
General received a letter dated February 21, 2018 from Atty. Eligio
Mallari requesting the filing of quo warranto proceedings against
Respondent.
3. That plaintiff has demanded that defendant to vacate said office and
deliver it to plaintiff but that defendant has unlawfully refused to do so.
ATTY.JOY ALMARIE D.
ALAD-AD
Counsel for the Plaintiff Mambaling
City,Philippines
139
Defendants,
x--------------------------------------------------/
COMPLAINT
(With Prayer for Extra-Territorial Service and Urgent Ex-Parte Motion
for the Issuance of Writ of Possession)
4. Pursuant to its rights under Executive Order No. 1035, the DPWH is
implementing the construction of the Bohol-Cebu-Negros Toll Expressway
Project (BCN) with aims to provide a high-speed toll road along the Bohol-
Cebu-Negros corridor and constribute to the development fo the Visayas
Urban Belt Way Super Region. Copies of the Projects Road Alignment Plan,
Project Profile and Certification of Availability fo Fund covering the amount
needed for the acquisition of lots and improvements are hereto attached as
Annexes “A”, “B” and “C”.
6. The Six Hundred Fifty Eight (658) and Two Hundred Eighty (280)
square meter property for expropriation, shaged and indicated as Lots 20 and
21 in the plaintiff's parcellary plan hereto attached as Annex “E” and E-1,
are portions of Lot 20 and 21 covered by TCT No. ______ and Tax
140
Declaration NO. __________ and _____ in the name of Ellazar married to
Juanito Estrada, containing an area of One Thousand Three Hundred
Twenty Eight (1, 328) for said Lot. 20 and Two Thousand Fifty Six (2, 056)
square meters for lot 30, more or less, both located in Brgy. Basak, Cebu
City, Cebu.
“Copies of the TCT No. _______ and TCT No. _________ and BIR
Certification on the relevant zonal valuation are hereto attached as
Annexes.”
9. Under Section 7 of Executive Order No. 1035 dated June 25, 1985,
plaintiff through the DPWH, is authorized to institute expropriation
proceedings through the Office of the Solicitor General.
12. Plaintiff is able and ready to pay defendant owner Ellazar the amount
of the Two Hundred Eighty Nine Five Hundred (Php 289, 500. 00), which is
equivalent to one hundred percent (100%) of the zonal value of the property
sought to be expropriated, and to make the necessary deposit with this
Honorable Court of such amount in compliance with the required payment
under R.A. 8974. The corresponding check, payable in the name of the
defendant owner, is available and will be deposited with the Honorable
Court prior to the issuance of the writ of possession.
141
PRAYER
(vi) Directing the same Register of Deeds to cause the registration and
annotation of the decision or judgment to the instant eminent
domain/expropriation case covering the road right-of-way of Bohol-Cebu-
Negros Expressway project.
Plaintiff further prays for such other reliefs and remedies which this
Honorable Court may deem just and equitable under the premises.
142
RIOJE M. ALCALDE
Solicitor General
Roll No. 54321
IBP Lifetime No. 89898 – 1/18/18
MCLE Exemption No. III-430092
Office of the Solicitor General
134 Amorsolo St., Legaspi Village,
Makati City; Telephone No. 818-6301-09
143
II. Pleadings: Civil and Special Civil Actions
Complaint for Foreclosure of Real Estate Mortgage
MARIO K. NALOKO,
Plaintiff,
Civil Case No. 123
- versus - For: FORECLOSURE
OF REAL ESTATE
MORTGAGE
BERT S. TAPADOR,
Defendant.
144
plaintiff, his heirs or assigns, the said sum of One Hundred Thousand
Pesos ( P100, 000.00) together with the stipulated interest of 10% per
annum, then the said mortgage shall be discharged; otherwise, it shall
remain in full force and effect, to be enforceable in the manner
prescribed by law;
4. That the defendant has not paid or caused to be paid the mortgage
debt of One Hundred Thousand Pesos ( P100, 000.00) or any part
thereof, in spite of the lapse of the stipulated period;
5. That the plaintiff has demanded of the defendant to pay the above sum
of One Hundred Thousand Pesos, plus the stipulated interest, but said
defendant has failed to pay the same;
6. That the defendant has also agreed in the mortgage contract that
should the plaintiff foreclose the mortgage, the latter is entitled to
receive the further sum of 20% of the total amount due as attorney’s
fees, expenses and costs;
7. That there are no other persons having or claiming an interest in the
mortgaged property.
145
By:
146
MARIO K. NALOKO
Plaintiff
MA’AM/SIR:
Greetings!
Please take notice that on March 22, 2019 at 8:30 in the morning or
upon the approval of the Honorable Court the instant Petition shall be heard.
147
Thank you.
148
II. Pleadings: Civil and Special Civil Actions
Complaint for Judicial Partition of Real Estate
COMPLAINT
149
4. That the aforementioned parcel of land has a total land area of 200
square meters more or less, and it is easily divisible into two parcels
both of which can conveniently serve as either residential or
commercial premises;
5.That plaintiff had several times notified defendant of his desire and
intention to partition said property, and, for that purpose had presented
and submitted to defendant a project-plan of partition, which was
prepared and drafted by EMBBI Surveyor Firm a duly licensed
surveyor, and an unprejudiced third party;
e. Cost of suit and other relief. Other reliefs which are just and
equitable are likewise prayed for.
150
By:
STEPHEN S. CURRY
IBP No. 1231231/2-5-05
PTR No.123/10-2203/Leg.
Roll No. 123123
151
Affiant
152
II. Pleadings: Civil and Special Civil Actions
Complaint for Unlawful Detainer
GUSTO L. MAKALIBRE,
Defendant.
x- - - - - - - - - - - - - - - - - - - -/
COMPLAINT
4. The Defendant leases and occupies the said townhouse from March 1,
2014 until February 28, 2019 as agreed upon between the plaintiff and
the Defendant in the lease contract executed on March 1, 2014 under
the express obligation to pay a monthly rental of P20,000.00;
(Contract of Lease attached as Annex “A”)
5. The lease contract of the Defendant for the occupation of the building
has been terminated on February 28, 2019 and has not been renewed
or extended;
153
6. During the course of the Defendant’s occupation of the said
townhouse, Defendant has failed to pay his rentals for the months of
June 2018 to February 2019;
9. Until now Defendant still refuses to vacate and restore possession and
pay her rentals for the months June 2018 to February 2018 during her
occupation of the townhouse;
11.Before filing of this complaint, the dispute has been referred to the
Lupong Tagamayapa of Barangay 143 but the parties failed to arrive
at an amicable settlement; (Certificate to File Action attached as
Annex “C”)
PRAYER
154
By:
1. That I am the Plaintiff in the above-entitled case and have caused this
complaint for unlawful detainer to be prepared; that I read and
understood its contents which are true and correct of my own personal
knowledge and/or based on authentic records.
NOTARY PUBLIC
155
Doc. No. 50;
Page No. 128;
Book No. III;
Series of 2019.
156
II. Pleadings: Civil and Special Civil Actions
Complaint for Forcible Entry
ARIADNA GUTIERREZ
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
COMPLAINT
157
2. Defendant ARIADNA GUTIERREZ is a resident of #2 Paseo
Anabelle Maria Luisa Estate Park, Cebu City, 6000 Cebu, where he
may be served with summons, order and other court processes;
4. The parcel of land, situated in #12 Paseo Anabelle Maria Luisa Estate
Park, Cebu City, 6000 Cebu, is covered by Transfer of Certificate of
Title No. 713618 issued by the Register of Deeds of Cebu City and is
more particularly described, as follows:
(Description)
PRAYER
158
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court that, after the proceedings, judgment be rendered in favor
of the Plaintiff and ordering the Defendant and all persons claiming rights
under him to:
Plaintiff prays for such other remedies and reliefs as may be deemed just
and equitable under the premises.
That I am the petitioner in the above-titled case; that I have caused the
preparation of the foregoing petition and understood the contents thereof,
and I hereby declare that all the allegations contained therein are true and
correct according to my knowledge and belief.
159
Furthermore, I hereby certify that I have not filed nor caused to be
filed any other similar case involving the same issues in the Supreme Court,
Court of Appeals or any other tribunal or agency and that, should there be
any other such case/s that may have been filed, I hereby bind myself to
inform the Court of such fact within five (5) days from the discovery
thereof.
160
Page No. 131;
Book No. III;
Series of 2019.
II. Pleadings: Civil and Special Civil Actions
Escheat
NAPOLEON C. GATMAITAN
Plaintiff,
-versus- CIVIL CASE NO. 588
For: Collection of a Sum of Money
EDGARDO A. SANTOS
Defendant.
x--------------------------------------------------------------x
COMPLAINT
161
upon inquiry, plaintiff’s spouse found out that defendant misappropriated the
financial investment made for his own personal use. That, despite demands,
defendant failed to remit to and/or settle with the plaintiff’s spouse the
aggregate amount of Ninety-Eight Thousand Seven Hundred Pesos (PHP
98,700.00);
5. That in recognition of defendant’s obligation in favor of plaintiff’s
spouse, the former executed an Acknowledgment of Debt in favor of the
plaintiff on January 26, 2008, a photocopy of which is attached hereto as
Annex “A”;
6. That by reason of the kindness and generosity of plaintiff’s spouse,
defendant’s obligation through the Acknowledgment was reduced to the sum
of Sixty Thousand Pesos (PHP 60,000.00), and transferred in favor of the
plaintiff as formalized in a duly-notarized Loan Agreement entered by and
between the plaintiff and the defendant on January 29, 2008, a photocopy of
which is hereto attached as Annex “B”;
7. The part of said Loan Agreement is the obligation of the defendant-
debtor to pay the plaintiff-creditor the amount of Two Thousand Five
Hundred Pesos (PHP 2,500.00) in monthly installments for thirty six (36)
months, in the form of cash from February 2008 to March 2011, and in the
form of post-dated check from February 2008 onwards up to the full
satisfaction of said loan, including interest, set at two percent (2%) per
month;
8. That after paying Two Thousand Five Hundred Pesos (PHP
2,500.00) in February 2008 and One Thousand Five Hundred Pesos (PHP
1,500.00) only on March 2008, the defendant-debtor has started defaulting in
the payment of his due accounts;
9. That plaintiff-creditor sent separated letters (dated April 7, 2008 and
May 21, 2008) to the defendant-debtor containing a demand for the payment
of his outstanding payable, photocopies of which are hereto attached as
Annexes “C ” and “C-1”;
10. That the continued refusal of the defendant to settle his account
prompted the plaintiff-creditor to lodge a complaint with the barangay
officials of Barangay Horseshoe, Quezon City. A Certificate to File Action,
copy of which is hereto attached as Annex “D”, was subsequently issued for
failures of the parties to come to an Agreement.
a.The sum of Fifty Six Thousand Pesos (PHP 56,000.00) plus interest at
the rate of two percent (2%) per month as stipulated in the Loan
Agreement;
162
b. Moral and exemplary damages at the sum discretion of the Honorable
Court;
c.Attorney’s fees amounting to Ten Thousand Pesos (PHP 10, 000.00);
d. Litigation expenses amounting to Ten Thousand Pesos (PHP 10,
000.00).
Other reliefs and remedies deemed just and equitable under the
foregoing premises are likewise prayed for.
163
of my knowledge, no such action or proceeding is pending therein; if I
should thereafter learn that the same or similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of
Appeals or any other tribunal or quasi-judicial agency, I undertake to
report such fact within five (5) days therefrom to the court or agency
wherein the original pleading and sworn certification contemplated
herein have been filed.
NAPOLEON C. GATMAITAN
Affiant TIN 98765-005, Quezon
City
164
PEDRO Y. SY,
Petitioner,
165
Santiso P. Go 71 Maternal Grandfather 34 St., Lahug
Cebu City
PRAYER
Atty. JUAN O. YU
Roll of Attorneys No. 62765
PTR No. 235628/January 09, 2019/Cebu CITY
IBP No.52587926 /January 09, 2019/Cebu City
MCLE Compliance No. Vi-0008220/march 22, 2018
Gaisano Capital Group Building
General Maxilom Ave. Ext. North Reclamation Area, Cebu City
Tel No.: 254-8888 loc. 17107
166
II. Pleadings: Civil and Special Civil Actions
Adoption of Minors
PETITION
167
and other legal processes of this Honorable Court through her undersigned
counsel at the address stated below.
6. The said minor’s parents, Romula Grey and Ernesto Pink, were
never married to each other but they lived with the petitioners upon Sasha’s
birth.
7. Ever since Romula left Sasha, Ernesto and the petitioners have taken
care of Sasha.
168
10. In conjunction with this petition, Petitioners seeks that a Certificate
of Live Birth with the following details be issued, to wit:
PRAYER
169
Citizenship: Filipino
Religion: Roman Catholic
Occupation: Hospital Physician
Other relief and remedies, just and equitable, are likewise prayed for.
170
II. Pleadings: Civil and Special Civil Actions
Habeas Corpus
JAIME L. DOWA
Petitioner,
SP Case No. 4489
In the Matter of the Petition for Habeas Corpus
of the minor JANE DELA CRUZ
PEDRO C. DELA CRUZ
Respondent.
x------------------------x
1. Petitioner is the mother of the minor JANE DELA CRUZ who was
born out of the valid marriage between petitioner and respondent
Pedro C. Dela Cruz;
3. The minor has been living with the petitioner in the house of the
latter’s mother and the minor’s maternal grandmother since the
petitioner and the respondent separated;
5. Being below seven (7) years of age, custody of the minor is naturally
presumed to belong to the petitioner, as her mother. Consequently,
respondent’s refusal to allow petitioner to regain custody over the
minor is unlawful and unjustified.
171
WHEREFORE, petitioner respectfully prays that a Writ of Habeas
Corpus be issued directing respondent to make a return showing his legal
authority to detain the minor child, subject of this petition, and thereafter,
present the minor child personally before the Court on a date and time it
chooses.
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
issue in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
__________________
JAIME L. DOWA
172
II. Pleadings: Civil and Special Civil Actions
Amparo
VICENTE DE RAMOS
Petitioner CA GR No. ______________
For: Writ of Amparo and
-versus-
x ------------------------------------------------------- x
PETITION
(With Application for Interim Reliefs)
NATURE OF PETITION
1. This is a petition for the Writ of Amparo and Habeas Corpus, filed
under A.M No. 07‐9‐12‐SC, known as the Rule on the Writ of Amparo,
promulgated on 25 September 2007 and which took effect on 24 October
2007, and Rule 102 of the Rules of Court, respectively.
PARTIES
173
Government Arsenal (GA). He may be served with orders and processes at
Camp General Emilio Aguinaldo, Quezon City.
6. Public respondent Lt. Gen. Alexander Yano, is the Chief of Staff of
the Armed Forces of the Philippines (AFP), the military defense
organization of the Republic of the Philippines. He may be served with
orders and processes at AFP‐GHQ, Camp General Emilio Aguinaldo
Quezon City.
7. Public respondent Brig. Gen. Romeo Prestoza, is the current chief of the
Intelligence Service of the Armed Forces of the Philippines is a support
unit of the AFP engaged in intelligence and information gathering. He
may be served with orders and processes at AFP‐GHQ, Camp General
Emilio Aguinaldo, Quezon City.
MATERIAL ALLEGATIONS
9. She regularly travels from her place of residence to his place of work by
driving her own car.
10. She is regularly in contact with her parents especially the petitioner. It is
her practice to call or send a text message to petitioner before she heads
home from work.
11. Her family last saw her during the morning of 5 September 2008
and by co‐workers at the evening of the same date.
14. Since then, no communication has been made to her family, friends, and
co‐workers.
15. She also owns a handbag with personal property such as keys,
wallet, etc., which properties were uncharacteristically left on the
parking lot of her office, together with her car, remain uncollected by
the aggrieved party since date of disappearance.
174
In support of the foregoing allegations, the affidavits of the petitioner and of
witnesses, namely Christopher Nepomuceno and Jeffrey Flores, are hereto
attached and made integral part of this Petition as Annexes A, B, and C,
respectively.
17. Since her disappearance, her relatives have tried to locate the aggrieved
party through inquiries at her usual places of destination.
18. Failing to find her, petitioner sought the help of local authorities
but they were not able to produce the person of the aggrieved party.
19. However, during the course of investigation, it was found out that
days before her disappearance, mysterious men were noticed to have been
conducting operations in the vicinity of the aggrieved party’s office.
20. It was also found out that on 4 September 2008, day before date of
disappearance, the office building’s security guard was asked by a
mysterious man who identified himself as an officer of ISAFP on whether
aggrieved party holds office in the area.
21. Petitioner now comes to this Honorable Court to seek relief for the
aggrieved party whose exact whereabouts remain unknown.
22. Considering the fact that the aggrieved party is a private individual
and that she has failed to communicate with any of her family,
friends, and co‐workers until this time, aggrieved party’s remaining in
the custody would have to be against her will and in violation of her
rights of liberty and security.
ISSUE STATEMENTS
175
co-workers
176
party. Records may have been kept on these surveillance
activities.
PRAYER
177
Other reliefs just and equitable under the premises are likewise prayed for.
September 10, 2018, City of Cebu, Philippines
By:
ATTY CARLITO DONQUE
Counsel for Petitioner
No. 25 Woodrose St., Makati City
Telefax No. 1234567; Email:
email@email.com
Roll of Attorney No. 123456
IBP No. 78901
PTR No. 23456
MCLE Compliance No. 7890
II. Pleadings: Civil and Special Civil Actions
Habeas Data
ISAAC ASIMOVA,
Petitioner,
-versus-
178
Petitioner, by counsel, respectfully states that:
I.
NATURE OF PETITION
1. This is a petition for the writ of habeas data filed under AM No. 08-1-16
SC, also known as the Rule on the Writ of Habeas Data to require the
respondents to produce and, if necessary update and rectify, or, in the
alternative, suppress or destroy information within its control and/or
contained in its database, which relates to petitioner, his family, his home
and his correspondence.
II.
PARTIES
179
7. Respondent is being impleaded in her capacity as a public officer or
employee, in charge of the information or database of AFP Central
Intelligence and Security Group, which office is engaged in the
gathering, collecting, and storing data. He may be served summons and
other processes of this Honorable Court at the Intelligence and Security
Department, Army Headquarters, Fort Bonifacio, Taguig City.
III.
MATERIAL ALLEGATIONS
10. The period given to respondent to allow petitioner access to its database
has already lapsed.
IV.
RELIEFS
180
WHEREOF, petitioner prays that this Honorable Court give due
course to this petition and issue the writ of habeas data and rule, as follows:
1. Upon the filing of the petition, ENJOIN respondent from
disseminating the information;
2. Upon notice and hearing, ORDER respondent to:
a. Produce the information in its possession regarding
petitioner’s person, his family, home and correspondence;
b. Correct, suppress or destroy the information in its database,
whatever may be applicable as determined by this Honorable
Court; and
c. Rectify the damage caused to petitioner’s reputation by
making a public apology to petitioner, which shall be
circulated in the manner and to such persons as the petitioner
may deem appropriate.
Other reliefs just and equitable under the premises are likewise
prayed for.
AYN RANDY
Counsel of Petitioner
34C The Columns, Ayala Avenue, Makati City
Telefax No. 123456, Email: email@email.com
Roll of Attorneys No. 1234567
IBP No. 123456
PTR No. 123456
MCLE Certificate of Exemption No. M-12345
181
(City of Manila ) S.S.
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;
__________________
ISAAR ASIMOVA
182
II. Pleadings: Civil and Special Civil Actions
Change of Name
PETITION
183
2.Minor child Charmaine Echavez (Charmaine for brevity) is a
resident of Barangay Guba, Cebu City together with her mother since the
day she was born as evidenced by the Barangay Certification hereto attached
as Annex “A” and is made an integral part of this petition;
9.After such time and up to the present, Bonie failed to take up his
responsibilities as a father to his child on matters of financial, physical,
emotional and spiritual concerns and doesn’t even acknowledge his own
child in public as though he was ashamed of her. They are only related by
blood and ends in that, and he was never been a father to Charmaine in every
sense of the world;
184
10.It is of common knowledge to the people who knew Deodivina that
she was never been married and that there was no one who stood as a father
to his child all this year. The child was raised by Deodivina alone. They
never knew or only few of them knew the identity of her child’s father and
even the child herself doesn’t even know him;
12.The mother and the child was and will always be propelled with
questions as to why their surnames are different and you could only imagine
the great deal of embarrassment and ridicule that may be felt by both the
mother and the child every time the circumstance is being explained to other
people;
14.If only Charmaine will have a surname the same with that of her
mother, all of these will be avoided and may other legal complications in the
future will be evaded;
15.In the case of the Republic of the Philippines vs. Julian Edward
Emerson Coseteng-Magpayo, G.R. No. 189476, February 2, 2011, the
Supreme Court ruled that:
185
Filipino to erase former alienage, all in good faith and
without prejudicing everybody; and (f) when the
surname causes embarrassment and there is no
showing that the desired changed of name was for a
fraudulent purpose or that the change of name would
prejudice public interest.” emphasis supplied.
17.This petition is not in any way filled to mislead the public or for
any other fraudulent purposes and does not in any way prejudiced public
interest.
PRAYER
Such other relief just and equitable under the premises is likewise
prayed for.
March 15, 2019. Cebu City Philippines
186
By:
187
II. Pleadings: Civil and Special Civil Actions
Change of First Name and Civil Entries
188
5. The grounds for filing this petition are the following:
a. I have habitually and continuously used Clark Yoseph as a first name
and I have been publicly known in the community with the first
name;
b. I have been born as male and have been known as a boy in the
community; and
c. For purposes of legal matters.
7. I have not filed any similar petition and that, to the best of my
knowledge, no other similar petition is pending with any LCRO, Court
or Philippine Consulate.
8. I have no pending criminal, civil or administrative case in any court or
any quasi-judicial body;
9. I am filing this petition at the LCRO of Cebu City, Cebu, Philippines.
VERIFICATION
189
CLARK JOSEPH O. MARTINEZ
Petitioner
190
III. Provisional Remedies
Complaint with Prayer for Preliminary Attachment
PEDRO MAIRITA,
Defendant.
x------------------------------------------x
COMPLAINT
191
(2.) That on January 3, 2008, defendant borrowed from plaintiff
the amount of one million pesos (Php. 1,000,000.00) ,
which indebtedness is due and payable on or before January
3, 2009, with an interest at the rate of 12% per annum
within one (1) year, in accordance with the promissory note
executed by the defendant on the said date. Photostatic
copy of said promissory note is attached and marked as
Annex “A” and made as a integral part hereof;
(3.) That the defendant has failed and refused and still fails and
refuses to pay the said indebtedness on due date, with
corresponding interest thereon to the herein plaintiff,
despite repeated requests and demands.
(5.) That the defendant shall pay for the attorney’s fees and
expenses of litigation in the amount of Php. 75,000.00 and a
fee of P3,000 for every appearance in court, and to pay the
cost of this suit;
(6.) That the plaintiff is willing to put up a bond for the issuance
of a preliminary attachment in an amount to be fixed by the
court, not exceeding the sum of one million pesos which is
the plaintiff’s claim herein;
192
whatever money judgment this honorable court may render
in the above entitled case;
(9.) That the defendant does not have sufficient security for the
claim sought for the plaintiff against him;
(10.) That the plaintiff is willing to put up a bond for the issuance
of a preliminary attachment in an amount to be fixed by the
court, not exceeding the sum of one million pesos which is
the plaintiff’s claim herein;
PRAYER
193
GERICHO CAGAANAN
Counsel for the Plaintiff
4321 suite, Makati Manila
x-------------------------------------------x
194
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
JUANITA ALANDUNON
Affiant
SSS ID no. 1234567
Issued at: Manila, Philippines
Issued on: January 09, 2006
195
III. Provisional Remedies
Complaint with Application for Preliminary Injunction
Juan Tamad
Plaintiff,
Civil case no. 11111
For: Sum of Money
-versus-
Maria Makiling
Defendant
x-------------------------------------------------------------x
COMPLAINT
PRAYER
196
of Nike in the Philippine, and that after trial, said injunction be made
permanent, with costs and such orders which are deemed equitable.
ATTY. ROSANA A. GO
Legal Counsel
1. That I am the Plaintiff in the above-entitled case and have caused this
COMPLAINT WITH APPLICATION FOR PRELIMINARY
INJUNCTION to be prepared; that I read and understood its contents
which are true and correct of my own personal knowledge and/or
based on authentic records.
JUAN TAMAD
Affiant
NOTARY PUBLIC
197
Series of 2019.
III. Provisional Remedies
Complaint with Application for Receivership
Ryan Bangos,
Defendant
x-----------------------------------------x
COMPLAINT
1. The Plaintiff is of legal age, single and a resident of Brgy. Pari-an Cebu
City. The Defendant is likewise of legal age, single and residing at
Petersville Subdivision, Cebu City.
2. The Plaintiff is the owner of the two-storey house unit located at the
Petersville Subdivision, Cebu 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”)
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”)
198
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.
10. The defendant willfully and maliciously violated the agreement which they
mutually agreed upon, and which the defendant signed.
I, Juan Dela Cruz, of legal age, single and a resident of the City of Cebu,
Philippines, after having duly sworn in accordance with law, hereby deposes
and says:
That I am the Plaintiff in the above titled case and that he has read the
foregoing complaint and that the facts therein stated are true and correct;
That the produce or income from said property are in danger of being
lost, removed or materially injured unless a receiver be appointed to guard
and preserve the same, and the defendant is not only hostile to the plaintiff
but also shows his demands to exclude said plaintiff from all the products or
proceeds coming from the said property;
That I am willing and ready to file a bond in the amount which this
Honorable Court may fix in favor of the defendant against whom this
receivership is presented to the effect that he, the plaintiff will pay to the
said defendant all damages which he will sustain by reason of the
appointment of receiver in case the plaintiff shall have procured such
appointment without sufficient cause, and such other bonds which this
199
Honorable Court may require him to file hereafter, as security for such
damages.
PRAYER
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.
I, Mr., Juan Dela Cruz, of Legal age, single, Filipino Citizen and a resident
of Cebu City, after being sworn according to law, hereby depose and state
that;
200
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.
201
III. Provisional Remedies
Replevin
REPLEVIN
Republic of the Philippines
Regional Trial Court
7th Judicial Division
Cebu City
Armando Tuazon,
Complainant Civil Case No. 204
For: Replevin
- versus
Erlinda Tomarong
Accused
x ------------------------------------------------- x
COMPLAINT
1. Both the plaintiff and the defendant are of age, and residents of
Consolacion Cebu.
202
Model: 2014
Color: Blue
3. The said property has not been distrained or taken for a tax assessment
or a fine pursuant to law, or seized under a writ of execution or
preliminary attachment, or otherwise placed under custodial legis, or
is so seized, that it is exempt from such seizure or custody;
AXSEL HATAMOSA
Attorney – at – Law
Until December 31, 2019
Roll # 2148156
IBP # 0003 – 01010
PTR # 105001501
June 24, 2017
203
VERIFICATION, CERTIFICATION
JURAT
SUBSCRIBED and sworn to before me, this 19TH day of March 2019,
in the City of Cebu by affiant Armando Tuazon his Passport No. 3128-000-
10 issued on November 18, 2018 at Mandaue City Philippines.
ANALIE HATAMOSA
Notary Public
Until December 31, 2019
Roll # 183156284
204
IBP # 00313852
PTR # 313202 – 00 June 23 , 2018
205
III. Provisional Remedies
Complaint for Separate Support with Application for Alimony Pendente Lite
COMPLAINT
(With Application for support pendent lite)
206
25000, PHP 7000 a month of which will be used to pay rentals for the
apartment in which they stay and the balance for daily needs, which
financial requirements will correspondingly increase as the children grow
older and their requirements increase.
8. In support of plaintiff’s claim for support pendent lite, enclosed
herewith are plaintiff’s affidavit, detailing their daily expenses, lease
contract for PHP 7000 a month for the apartment in which she and her
children live, and other authentic documents, apart from the documents
attached as Annexes hereof, which are attached as Annexes “D”, “E”, and
“F” respectively.
WHEREFORE, plaintiff prays for judgment as follows:
a) Ordering defendant provide plaintiff and his two children monthly
support pendent e lite in the amount of PHP 25000 a month, payable within
the first (5) days every month starting April 1, 2019.
b) After trial, making defendant’s monthly support permanent, without
prejudice to its upward adjustment, depending upon plaintiff’s and the two
children’s needs and the increasing financial earnings of defendant.
c) Ordering defendant to reimburse plaintiff the amount of PHP 5000 as
attorney’s fees and expenses of litigation.
Cebu City, Cebu on March 15, 2019.
Crisanto B. Hermosilla
Counsel for Plaintiff
Adreess: Lamak, Consolacion, Cebu
Roll No. 8896745
IBP No. 34567, issued on January 20, 2019
at Metro Manila.
PTR No. 7895 issued on Dec. 31, 2018
at Metro Manila
207
IV. Miscellaneous Civil Pleadings
Notice of Appearance as Counsel
ENTRY OF APPEARANCE
RESPECTFULLY SUBMITTED.
208
By:
RAYMART REYES
Copy furnished:
FRETTI LAUREL
Counsel for the Plaintiff
Unit 1234 Laurel Building
Sampaloc, Manila
209
IV. Miscellaneous Civil Pleadings
Notice of Withdrawal as Counsel
MOTION TO WITHDRAW
COMES NOW the undersigned counsel for the Defendant, unto this
Honorable Court, most respectfully states that due to professional and
personal reasons, undersigned respectfully requests that he be allowed by
this Honorable Court to withdraw his appearance in this case as counsel for
the Defendant.
RESPECTFULLY SUBMITTED.
210
CRUZ, LANUGON AND TOLENTINO LAW OFFICE
Counsel for the Defendant
Suite 405 Elizabeth Center
Cebu City, Cebu
By:
211
IV. Miscellaneous Civil Pleadings
Complaint for Damages
COMPLAINT
1.) Plaintiff is of legal age, Filipino, with residence and postal address at 123
V & G Homes Subdivision, Cansaga, Consolacion, Cebu, where he may
be served notices and other court processes;
2.) Defendant is of legal age, Filipino, with residence and postal address
at 178 Highway, Tipolo, Mandaue City, Cebu, where he may be served
summons and other court processes;
3.) Plaintiff is the absolute owner and lessor of that certain townhouse situated
at Golden Ville Townhouses, North Road, Pitogo, Consolacion,
Cebu and now leased and occupied by the Defendant;
4.) The Defendant leases and occupies the said townhouse from June 1, 2013
until July 31, 2018 as agreed upon between the plaintiff and the Defendant
in the lease contract executed on June 1, 2013 under the express obligation
to pay a monthly rental of P25,000.00; (Contract of Lease attached
as Annex “A”)
212
5.) The lease contract of the Defendant for the occupation of the building has
been terminated on July 31, 2018 and has not been renewed or extended;
6.) During the course of the Defendant’s occupation of the said townhouse,
Defendant has failed to pay his rentals for the months of August 2016 to July
2018;
7.) Defendant has continued to occupy the said townhouse notwithstanding the
fact that her contract of lease has been terminated on July 31, 2018 thus
depriving the plaintiff from having the said townhouse leased by other
persons;
8.) Several demands to vacate was made by plaintiff to Defendant, both oral
and written (Demand letter attached as Annex “B”), but Defendant refused
to vacate the said townhouse and return possession to the plaintiff;
9.) Until now Defendant still refuses to vacate and restore possession and pay
her rentals for the months August 2016 to July 2018 during her occupation
of the townhouse;
11.) Before filing of this complaint, the dispute has been referred to the
Lupong Tagamayapa of Barangay Pitogo, Consolacion, Cebu but the
parties failed to arrive at an amicable settlement; (Certificate to File Action
attached as Annex “C”)
PRAYER
Other reliefs that are just and equitable under the premises are
likewise prayed for.
213
Atty. Myrna Orque Luyao, CPA
Counsel for the Plaintiff
Luyao, Orque, Yaun & Associates
3578 Lopez Jaena Street, Subangdaku, Mandaue City
I, Ms. Shegi Sia Pasiencia, of legal age, married, Filipino citizen and a
resident of 123 V & G Homes Subdivision, Cansaga, Consolacion, Cebu,
after being sworn according to law, hereby depose and state that;
214
Atty. Myrna Orque Luyao, CPA
Counsel for the Plaintiff
Luyao, Orque, Yaun & Associates
3578 Lopez Jaena Street, Subangdaku, Mandaue City
PTR No. 9876543, Mandaue City, 01/13/2019
IBP No. 85738, Cebu City, 08/23/2018
Roll of Attorneys No. 135789
MCLE Commission No. 3456789,Cebu City,07/08/2018
TIN 123-456-789
CHRISTOPHER DIWA
Plaintiff
Civil Case No. 123456
UNLAWFUL DETAINER
- Versus –
RAMON SOLIS
Defendants.
x---------------------------------x
ANSW ER
(In re: Summons, Received on
JULY 15, 2018)
I. ANSWER
215
2. Paragraphs 2 to 6 of the Complaint are denied for lack of knowledge or
information sufficient to form a belief as to the veracity or falsity thereof,
the allegations therein being matters known only to, and are within the
control only, of the plaintiff.
5. The title to and ownership in fee simple over the subject property is in
the name of the Government Service Insurance System (GSIS), its registered
owner, and not the plaintiff. (See Annex “A”, Par. 3, Complaint).
6. The plaintiff is not “the owner” in fee simple of the subject property,
contrary to her allegation in Par. 3 of the Complaint.
7. The alleged Deed of Conditional Sale between the GSIS and the
plaintiff is not annotated on the title on the property. (See dorsal side of the
title of the property, marked as Annex “A”, Par. 3, Complaint).
8. Although the GSIS has given the plaintiff the right of possession of the
property under Par. 4 of the Deed of Conditional Sale (Annex “B”, Par. 4,
Complaint), the plaintiff knew or was supposed to know or was deemed by
law to be obligated to know and to investigate the fact that at the time of her
purchase of the property, the xxx Family were in possession of the
property and that it had a vested, beneficial and equitable right thereto by
reason of Memorandum of Agreement (MOA) executed in 1975 between its
original purchaser xxx, represented by xxx, on the one hand, and the
matriarch of the xxx Family, i.e., xxx, on the other.
A copy of the said MOA is attached as Annex “1”.
A copy of the Special Power of Attorney of xxx (1974) is attached as Annex
“2” hereof.
9. Since 1975 up to the present time, the xxx Family has been in
possession of the subject property by reason of the said MOA. This fact was
known to plaintiff when she investigated the background property until the
time she closed her purchase thereof with the GSIS. There is no proof that
plaintiff had reported the real situation of the property to the GSIS for a
solution or amicable settlement between the parties prior to her purchase
216
thereof. Likewise, the GSIS did not send any investigator to investigate the
situation of the property prior to and at the time of its sale to the plaintiff. It
did not issue any formal notice to the defendant or the xxx Family about the
impending attempt of the plaintiff to purchase the property. Had the xxx
Family been notified thereon, they would have taken urgent steps to acquire
the same instead of the plaintiff.
10. In 2002, Sps. xxx, the parents of the herein defendant xxx,
executed a Special Power of Attorney in favor of the herein defendant, a
copy of which is marked as Annex “3” hereof.
11. The defendant had answered the demanded letter, dated xxx 2011, of the
plaintiff through a letter, dated xxx 2011, of defendant’s counsel, a copy of
which is attached as Annex “4” hereof. It requested plaintiff’s lawyer for a
special conference to discuss a serious extrajudicial compromise, without
admission of guilt on the part of the defendant. It was not formally answered
by the plaintiff.
13.By reason of the abuse of right committed by the plaintiff and by reason
of the instant precipitate and unfounded suit, the defendant was constrained
to hire the services of a lawyer to defend his rights and interests for a
professional fee of P20,000.00 plus P3,000.00 per court appearance;
14. Similarly, the plaintiff’s unfounded suit has caused the defendant mental
anguish and suffering and public humiliation and embarrassment, for which
the defendant claims moral damages of P100,000.00.
IV. PRAYER
217
JUN CARLO FUELLAS MAHINAY LAW OFFICE
Counsel for Defendant xxx
Unit 15, Star Arcade, C.V Starr Avenue
Pure life Village, Cebu City 1740
VERIFICATION AND
ANTI-FORUM SHOPPINFG CERTIFICATION
I, Ramon Solis of legal age, married, Filipino, and with postal address
Barangay Tisa, Roose Village, Cebu City, under oath, depose:
I am the defendant in the foregoing case; that I caused the preparation of the
foregoing Answer; that I have read its contents; and that the same are true
and correct of my own direct, personal knowledge.
Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and
existing Supreme Court circulars, I hereby certify that I have not heretofore
commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency; that to
the best of my knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency; and
that if I should hereafter learn that other similar or related actions or
proceedings 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 court.
Cebu City, July 20 2018.
RAMON SOLIS
Affiant/Defendant
SSS Member ID No. 456987
Issued on JANUARY 12. 1990
218
Cc :
EXPLANATION
219
Plaintiff, thru, counsel, and unto this Honorable Court, alleges that:
1. One of the important issues involved in the above-entitled case is
one of fact requiring the examination of a long account;
PRAYER
VERIFICATION
2. I have personally prepared the foregoing Petition and that all the
allegations therein are true and correct to my own personal
knowledge and based on authentic documents.
220
IN WITNESS HEREOF, I have hereunto set my hand this 16th day of
March 2019 in Cebu City, Philippines.
221
METROPOLITAN TRIAL COURT
Branch 1, Cebu City
CUPIDO GWAPO
Plaintiff,
CUPIDA GWAPA
Respondent.
x--------------------------x
COMPLAINT
222
WHEREFORE, it is respectfully prayed that judgment be rendered
against the defendant to pay the plaintiff the sum of ₱20,000.00 plus interest
of 6% from the date of the instrument until full amount is paid and
attorney’s fees in the amount of ₱1,000.00 and costs of the suit.
223
V. Other Civil Pleadings
Complaint in Intervention
LEONARDO BASTARDOS
Intervenor, CIVIL CASE No. 128-9456
For: INTERVENTION
VS.
DEREK MARTINEZ
Plaintiff
-x------------------------------------------- x
COMLAINT-IN-INTERVENTION
224
Jessica Sotto, recorded in the Registry of Deeds in the Province of
Cebu. (copy attached as Annex” A-2”)
4. The litigants in this case, (plaintiff) as claimant and (defendant) who
is in actual used and possession of the property in question, have no
legal standing of their claims on the basis that all transactions and
performances subsequent to the transaction executed between herein
Intervenor and Ms. Fidget Travola in relation to the property in
question described in the original title TCT 12345 and in TCT 11919
is presumed to be void considering that said property was already sold
to Intervenor and now is the subject of this complaint.
WHERFORE, it is prayed:
(d) That all transactions and performances executed by the litigants in
relation to the property-in-question, including related documents in
their possession shall be declared void.
(e) That the litigants be ordered by this Honorable Court to voluntarily
turn-over the questioned property to the rightful owner who is the
Intervenor in this case.
(f) That if voluntary turn-over of the property or waiver of the claim
by both plaintiff and defendants is not possible, order be made
against the litigants to pay for the damages and other litigation
expenses plus attorney’s fees in favor of the Intervenor.
(g) Further it is prayed that Intervenor be granted such relief found to
be consistent with law and equity.
Signed this 4th day of March 2019 in Talisay City, Cebu, Philippines.
LEONARDO BASTARDOS
Intervenor
Assisting Counsels:
Chennie Lynn O. Nedia
225
Cebu City
226
V. Other Civil Pleadings
Third Party Complaint
Plaintiff,
-versus-
Defendant
Third Party Plaintiff,
-versus-
Third-Party Defendant.
x-----------------------------------------x
227
Court, hereby impleads the Third-Party Defendant, ISABELA and alleges as
follows:
2. PETER alleges that the SALE of a parcel of land covered by TCT No.
T-12345 with JOHN caused damaged to him.
6. If PETER recovers against JOHN any judgment for the damages the
JOHN is entitled to judgment against ISABELLE for all such sums
since the SALE of the parcel of land covered by TCT No. T-12345
was the sole cause of PETER’s damages and injuries.
228
ATTY. RENIL B. OLIVA
7th Floor, UV Building
Colon Street, Cebu City
229
V. Other Civil Pleadings
Petition for Consolidation of Ownership (Pacto de Retro)
1. That on June 10, 2011, Mr. Pedro Penduko, of legal age, Filipino,
single, residing at 2222 Teresa Street, Makati City, sold to me a
certain parcel of land under pacto de retro, executed before
Notarial Public Juan Tamad and bearing Not. Reg. No. 2, Page 2,
Book II, Series of 2011 of his Notarial Register (copy of the
said pacto de retro sale is hereto attached as ANNEX “A”);
2. That pursuant to the deed of sale with pacto de retro, the said
vendor, Mr. Pedro Penduko, should have exercised his right to
repurchase the said property within the period of two (2) years;
3. That the period expired on June 10, 2013 without the said vendor,
by himself or by any other person in his behalf complying with the
condition and stipulation required for the repurchase of the said
property;
4. That the said period of repurchase has not been extended, either
expressly or impliedly, by affiant vendee a retro;
5. That by virtue of the said deed of sale with pacto de retro, and by
the failure of the vendor, Mr. Pedro Penduko, to duly repurchase
the property within the period stipulated, there was consolidated in
the affiant, as vendee a retro, the absolute ownership of the said
property. Attached hereto, as ANNEX “B,” is an order of the
Regional Trial Court of Makati City issued on August 11, 2013,
approving and confirming the above consolidation of ownership in
the name of affiant.
230
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day
of September 2013 in Makati City, Metro Manila, Philippines.
231
V. Other Civil Pleadings
Motion for Leave to Effect Service of Summons by Publication
OLIVE OLIVIA,
Plaintiff,
x-----------------------------------------x
Such other relief and remedies as may be deemed just and equitable
under the premises are likewise prayed for.
BY:
ATTY. RAMON PAUL PONCE PANANGANAN
Roll No. 45678
IBP No. 23456/2-4-
19/Cebu
232
NOTICE OF HEARING
LUCKY AWANGANON
Defendant
GREETINGS:
Please submit the foregoing motion for the consideration and approval
of the Honorable Court on April 9, 2019 at 2:00 PM.
EXPLANATION
233
V. Other Civil Pleadings
Motion for Leave for Extraterritorial Service
Lelanie Rubia,
Plaintiff
-versus-
XYZ CORPORATION
Defendant
Plaintiff thrue councel, and unto this Honorable court, respectfully avers:
1. That the subject matter in the above-entitled case is a property
located within the Philippines;
3. That the defendant does not reside in the Philippines but now resides
in 786 Rose St. Vancouver, Canada;
4. That attached hereto and made an integral part of this motion is the
affidavit of the plaintiff himself marked Annex “A”, setting forth the
grounds for the application for extraterritorial service in this case.
234
___________________
Lelanie Rubia
1. On THE 22nd of February 2019, the Defendants, pro se (by and for
themselves and without assistance of a Counsel), filed their Responsive
Pleading to the main case which was denominated as a “COMMENT
(ANSWER)”, dated 21st of February 2019.
235
2. Although the said Comment (Answer) contained
“admissions/denials/defenses” and a valid “prayer”, and although
voluminous documents were attached thereto in support of the pro
secounter-allegations of ultimate facts by the Defendants, nonetheless, the
undersigned new Counsel for the Defendants feel that, IN THE INTEREST
OF JUSTICE AND FAIR PLAY, there is a great need for him to AMEND,
MODIFY, CLARIFY, IMPROVE, AND STRENGTHEN the said
“Comment (Answer)” of the Defendants:
(c) to strengthen the legal and factual position of the Defendants and
the supporting evidence in support thereof, and
4. Please note that the main case is yet to undergo Mediation Phase,
Pretrial Phase, and Judicial Dispute Resolution Phase.
4.1. It has not yet reached the Main Trial On The Merits Phase.
5. The rights of the Plaintiff and will not be injured by this fair and
reasonable Motion.
WHEREFORE, in the interest of justice and for the legal and factual reasons
cited hereinabove, it is respectfully prayed that, after notice and hearing, an
Order be issued giving the undersigned new Counsel for the Defendants 30
days to file an AMENDED/MODIFIED ANSWER for the
Defendants, counted from receipt of the Order granting this Motion.
FURTHER, the Defendants respectfully pray for such and other reliefs as
may be deemed just and equitable in the premises.
236
237
V. Other Civil Pleadings
Motion for Bill of Particulars
Dela Rosa:
However, on the evening of the same day, at around10:30, I
heard Juan Dela Cruz shouting, and I peeped through the
window, I saw her standing just outside her house with her
friends, facing our house and I loudly uttering slanderous and
threatening words.
Abad:
That at around 10:30 o’clock in the evening of the same day, I
was already is in my mom when I heard someone is shouting
outside, I suddenly went out of my room
Saw Sir Pedro peeping the window, I in turn, did the same and
peeped on the window, I saw Juan and 3 other people standing
outside her house, facing towards the direction of our house,
while she was uttering slanderous and threatening words.
2. The said allegation is not averred with sufficient definiteness and
particularity, specifically it does not mention to whom are the words
directed;
238
3. That a more definite statement on the matters as above-indicated is
necessary in order to enable the defendant to prepare its responsive
pleading because from the very onset of this controversy, the main
dispute was to whom was actually and exactly are the words directed.
4. That a bill of particulars or a more definite statement as to particulars
of the said act which was allegedly done by the defendant would
definitely simplify the issue in the case, and uncomplicated the
matters for the defendant.
PRAYER
WHEREFORE, defendant most respectfully pays that an order be issued by
this Honorable Court requiring plaintiffs to make more definite statement as
to the particulars of the act mentioned in paragraph 4 and 3 in their
complaint, particularly to whom are the words uttered directed.
By
ATTY. MARCY JO RABILLAS
IBP NO. 533435
ATTORNEY’S ROLL NO. 65211
Copy furnished:
NOTICE OF HEARING
239
To Hon. Branch Clerk of Court
RTC Cebu City, Branch 25
Please take note that the foregoing motion will be submitted, and is
requested to be submitted for the consideration and approval of the
Honorable Court on March 15,1992, at 9:30 AM or soon thereafter as matter
and counsel may be heard on notice.
Marcy Jo Rabillas
Counsel of the Defendant
240
VI. Appeals
Notice of Appeals
-versus-
x-----------------------------------------------------------------------------------------x
NOTICE OF APPEAL
Copy Furnished:
ATTY. CRISANTO HERMOSILLA
Counsel for the Plaintiff
241
Room 69, Prince Court Building
Mandaue City, Cebu
VI. Appeals
Record on Appeal
JOSEPH STALIN
Petitioner,
-versus- Sp. Proc. No. 143
(Claims Against the
Estate)
ESTATE OF ADOLF HITLER,
EVA BRAUN, Administratix
Respondent,
RECORD ON APPEAL
242
1.5.That the demandable loan amounts to 1 MILLION PESOS
(1,000,000.00), as stated in the promissory note, and payment has
not been made since the debtor's admission to the bar.
1.6.That there are no offsets to the same to the knowledge of the
claimnant.
2. That on September 27, 2018, the defendant-appellee filed his Answer
to said complaint, as follows:
2.1.That he admits the existence of a promissory note and he also
admits that he was the one who executed it on October 19, 1992;
2.2.That the condition, which the plaintiff alleges in his complaint, is
not written in the promissory note;
2.3.That upon the maturity date of the loan, October 19, 1993, as
stated in the promissory note, the plaintiff did not make a demand
for payment;
2.4.That since the date of the maturity of the loan, the plaintiff did
not anymore bother to make a demand for payment.
3. That after due hearing, the court, on March 3, 2019, rendered the
following decision:
5. That on March 8, 2019, the court issued an order denying said motion
for reconsideration;
6. That on March 10, 2019, the plaintiff-appellant received notice of the
said order denying his motion for reconsideration, and on March 14,
2019 filed his Notice of Appeal to the Court of Appeals as follows:
243
PLAINTIFF by the undersigned counsel, hereby files a notice of
appeal from the judgment of this Honorable Court in the above-
entitled case, dated on March 3, 2019, a copy of which was received
by counsel on March 4, 2019, and appeals the same to the Court of
Appeals.
244
VI. Appeals
Petition for Review on Certiorari
3. That on July 22, 2017 the petitioner was allowed to act as an agent of
the respondent and owed jewelries worth 10,000.00;
245
5. That the respondent only made a demand of payment from the
petitioner verbally after the latter failed to pay, and that pushed the
respondent to file a case of ESTAFA against the petitioner; and
3. Aggrieved, petitioner comes directly before the Court in this petition for
review on certiorari with the following assignment of errors:
I.
THE REGIONAL TRIAL COURT OF CEBU, BRANCH 10,
GRAVELY ERRED IN DENYING THE NOTICE OF APPEAL
FILED BY THE HEREIN PETITIONER-APPELLANT.
II.
THE REGIONAL TRIAL COURT OF CEBU, BRANCH 10,
GRAVELY ERRED IN CONVICTING THE HEREIN
PETITIONER-APPELLANT OF THE CRIME OF ESTAFA.
III.
THE REGIONAL TRIAL COURT OF CEBU, BRANCH 10,
GRAVELY ERRED IN DENYING THE MOTION FOR
RECONSIDERATION AND/OR NEW TRIAL FILED BY THE
HEREIN PETITIONER-APPELLANT.
5. Here raise only questions of law, which must be distinctly set, Forth. It is
a well-settled rule that in a petition for review under Rule 45, only questions
of law may be raised by the parties and passed upon by this Court.
246
This Court has, on many occasions, distinguished between a question of law
and a question of fact. We held that when there is doubt as to what the law is
on a certain state of facts, then it is a question of law; but when the doubt
arises as to the truth or falsity of the alleged facts, then it is a question of
fact. Simply put, when there is no dispute as to fact, the question of whether
or not the conclusion drawn there from is correct, is a question of law. To
elucidate further, this Court, in Hko Ah Pao v. Ting said:
One test to determine if there exists a question of fact or law in a given case
is whether the Court can resolve the issue that was raised without having to
review or evaluate the evidence, in which case, it is a question of law;
otherwise, it will be a question of fact. Thus, the petition must not involve
the calibration of the probative value of the evidence presented. In
addition, the facts of the case must be undisputed, and the only issue that
should be left for the Court to decide is whether or not the conclusion drawn
by the CA from a certain set of facts was appropriate
6. That attached to this petition is certified copy of the decision of the Court
of Appeals ( or RTC, etc., as the case may be) herein sought to be reviewed,
marked “Annex C,” together with twenty (20) printed copies of the record of
appeal.
PRAYER
247
VI. Appeals
Appellant’s Brief
FEDERAL PHOENIX
ASSURANCE COMPANY, INC.
Plaintiff-Appellee,
APPELLANT’S BRIEF
248
complaint for damages against Defendant-Appellants DSR-Senator Lines
and CF Sharp.
SO ORDERED.”
3. Berde Plants, Inc. (Berde Plants) delivered 632 units of artificial trees to
Defendant-Appellants, C.F. Sharp and Company, Inc (CF Sharp) and DSR-
Senator Lines. It was agreed that Defendant-Appellant would deliver the
artificial trees to the consignee, Al-Mohr International Group, in Riyadh,
Saudi Arabia.
5. On June 7, 1993, M/S "Arabian Senator" left the Manila South Harbor for
Saudi Arabia with the cargo on board. When the vessel arrived in Khor
Fakkan Port, the cargo was reloaded on board DSR- Senator Lines’ feeder
vessel, M/V "Kapitan Sakharov," bound for Port Dammam, Saudi Arabia.
However, while in transit, the vessel and all its cargo caught fire.
249
6. On July 5, 1993, Defendant-Appellant DSR-Senator Lines informed
Berde Plants that M/V "Kapitan Sakharov" with its cargo was gutted by fire
and sank. On December 16, 1993, Defendant-Appellant CF Sharp issued a
certification to that effect.
ASSIGNMENT OF ERROR
ARGUMENT
250
destruction or deterioration of the goods when the same is caused by a
natural disaster or calamity.
xxx”1
14. Thus, it can be seen from the provision of the law on common carriers
that the common carrier cannot be held responsible for any loss, destruction
or deterioration of the goods as a result of other natural disasters or calamity.
Corollary to this is that the common carrier cannot be held liable for any
fortuitous event causing the loss of the cargo.
“xxx
1
An Act to Ordain and Institute the Civil Code of the Philippines [CIVIL CODE], Republic Act No. 386, art.
1734 (1950).
2
CIVIL CODE, art. 1174.
251
Extraordinary fortuitous events are understood to be: fire, war, pestilence,
unusual flood, locusts, earthquake, or others which are uncommon, and
which the contracting parties could not have reasonably foreseen.”3
18. The law is therefore clear that a fire is one instance that can be
considered a fortuitous event.
19. In the case at bar, there was absolutely no way that defendant-appellant
could have anticipated or prepared for such a disastrous fire which gutted the
ship and destroyed the cargo along with the ship. There was also no way the
defendant-appellant could have foreseen the fire since it diligently inspected
all the cargo and the ship before setting sail at sea. The fire was nowhere
within the ambit of control of the defendant-appellee and thus it was error
for the Honorable Court to adjudge the defendant-appellee liable for
damages which it did not cause and could not have controlled or prevented.
RELIEF
Other reliefs just and equitable under the premises are likewise prayed
for.
Copy Furnished:
3
CIVIL CODE, art. 1680.
252
Makati
253
unlawfully and feloniously attack, assault and shoot with the
use of said gun and suddenly and without warning, one Joey
Mayor y Banduhan thereby inflicting upon the latter
gunshot wound abdomen (sic) which directly caused his death.
Contrary to Law.”
SO ORDERED.”
I
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE
ACCUSED-APPELLANT DESPITE THE PROSECUTOR’S FAILURE
TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.
II
THE TRIAL COURT GRAVELY ERRED IN FINDING THAT
TREACHERY, EVIDENT PREMEDITATION AND ABUSE OF
STRENGTH ATTENDED THE COMMISSION OF THE CRIME.
254
(hereinafter referref to as the victim), Eddie Olave and four to five other
persons (TSN, 6 August 2009, pp. 4-5).Eddie Olave testified that during the
drinking session, an altercation broke out between the appellant and the
victim when the latter broke a glass. The altercation degenerated into a
fistfight between the appellant and the victim which Olave and the others
seated in the table were able to pacify. After the commotion, the appellant
and the victim returned to their respective seats
The victim managed to walk for three (3) meters towards a pathway
but eventually fell down. He was taken to a hospital where eventually
he expired.
ARGUMENTS
II
III
IV
255
DISCUSSION
256
All the elements of murder were successfully proven by the
prosecution beyond reasonable doubt.
Q: What happened after the glass was broken? What did Romeo
Aldueza do if he did any?
A: They have a fistfight, ma’am.
Q: After the fistfight both Romeo and Joey joined the same table
where they were drinking prior to the incident?
A: Yes, ma’am.
Q: Who was this person with whom Romy came back in the place
where you were drinking?
A: Guillermo, ma’am.
257
Q: And what is the family name of Guillermo?
A: Aldueza, ma’am.
Q: Is this the same person who was the co-accused of Romeo Aldueza
in this case?
A: Yes, ma’am.
Q: And what happened after he pulled out the gun from his waist?
A: He shot Joey, sir.
Q: And do you still recall where the shot landed on the body of...did it
hit Joey?
A: Yes, ma’am.
Q: How many?
A: Two, ma’am.
Q: And the two gun shots both landed in the body of Joey
Mayor?
A: Yes, ma’am.
Q: So when the gun was fired on Joey Mayor where was Romeo then?
A: They were together, ma’am.
258
Q: And when Joey run towards the pathway, do you still recall where
Romeo and Gullermo were?
A: They both disappeared, ma’am.
Q: How far was the house of Gulklermo from the place where
you have your drinking session?
A: About two (2) arm stretches, Your Honor.
Q: After the first shot was fired, did you notice Romy beside
Guillermo?
A: Yes, ma’am.
259
“The Court believes that conspiracy exists as shown by the following
circumstances:
(People v Hasan et al., 199 SCRA 421, [1999], citing the case of
People v Obando).
260
With the aforementioned rule, the fact that it was not
appellant who pulled the trigger of the gun which killed the victim is no
longer relevant. This is because as co-conspirator of Guillermo, the
actual shooter in this case, the appellant is criminally liable for the acts of
Guillermo
.
The circumstantial
evidence cited by the RTC
is sufficient to establish
appellant’s liability for the
offense charged.
x-----------------------------------x
261
talked with Guillermo while they were inside the house,
muchless, conceive, plan and deliberate on how tokill Joey.
262
court is in a better position to examine real evidence, as well as
observe the demeanor of the witnesses while testifying in the case.”
The appellant was not able to overturn the key facts established
by Olave through his testimony who withstood the rigors of trial and cross
examination of the opposing counsel.
Not only this, PO2 Recto cannot have possibly verified and
counterchecked on the veracity of the informations he earlier
gathered because he did not note down the names of the victims
he interviewed and these witnesses failed to give their
written statements.
263
Guillermo when Guillermo shot Joey, are not based on speculation or
surmises.
264
The qualifying
circumstance of treachery
was proven beyond
reasonable doubt by the
prosecution
x-----------------------------------x
Finally, the appellant argued that the RTC made an error in making a
finding that treachery attended the killing of Joey Mayor thereby qualifying
the offense into Murder
Again, the People sustains the ruling of the RTC on this matter,
to wit;
In this case, the mental state of the victim, who was then already
pacified and has resumed drinking, and the fact that the appellant left
the table then immediately returned with his cousin Guillermo, then already
carrying a gun show that the means employed by them was consciously
adopted to ensure the killing of the victim. These circumstances qualify the
act to the offense of murder.
PRAYER
265
Other reliefs just and equitable under the circumstances are likewise
prayed for.
Copy Furnished:
266
VI. Appeals
Petition for Review
ABELARDO BANUAG,
Petitioner,
CA-GR SP NO. 1-2015
-versus-
CLIFF CO,
Respondent.
/------------------------------------------------/
THE PARTIES
267
Petitioner is of legal age and is the plaintiff in said Civil Case No.
2013-11, MTCC BR. 20, Tacloban City, AND the appellant in said Civil
Case No. 2014-12, RTC BR. 8, Tacloban City.
TIMELINESS OF PETITION
268
The factual background and proceedings are as follows:
3. Despite said demand letter, respondent failed to pay the rental rate.
On November 20, 2012, a second demand letter was executed by
herein petitioner which was received personally by respondent on the
same date, said demand letter is herein attached as ANNEX "E";
269
10. On December 28, 2013, petitioner received the order of the MTCC
Br. 20 of Tacloban City denying the motion for reconsideration,
herein attached as ANNEX "J";
12. On March 4, 2014, the RTC Br. 8, Tacloban City released an order
affirming in toto the decision of the lower court, which order is herein
attached as ANNEX "L";
14. On April 8, 2014, the RTC BR. 8, Tacloban City denied the
motion for reconsideration citing regularity in the performance of the
duties of the lower court and finding no grave abuse of discretion on
the part of the lower court, which order is herein attached as ANNEX
"N";
15. On April 23, 2014, herein petitioner filed this instant petition for
review under Rule 42 of the 1997 Rules of Civil Procedure.
ISSUES RAISED
270
II. THE TRIAL COURT ERRED WHEN IT IGNORED THE
FACT THAT RESPONDENT IN FACT AND INDEED, SIGNED
VALIDLY, WITHOUT FORCE OR INTIMIDATION, THE
CONTRACT OF LEASE.
DISCUSSION
3. The respondent failed to pay the rents due for two months on the
designated dates as agreed upon and signed by the respondent in the contract
271
of lease, and for failure of the respondent to vacate the premises even after
the expiry of the period to occupy the same, a great injustice and injury was
suffered by the petitioner. Income which the petitioner could have invested
in other endeavors was not realized as respondent unjustly refused and
continues to refuse payment of the same.
4. The petitioner's rights to his property were violated when the trial
court ignored the substantial and overwhelming evidence against the
respondent - contrary to Articles 19, 20 and 21 of the New Civil Code.
PRAYER
272
Roll No. 111
IBP No. 111 – Lifetime
PTR No. 11 - 1/2/14 Leyte
MCLE Compliance IV No. 1234
Issued on January 12, 2013
I, AB, of legal age, after having been duly sworn, deposes and states
that:
1. I am the petitioner in the above stated case;
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 the
documents and records in my possession;
ABELARDO BANUAG
Affiant
T.I.N. 111-222-333, Tacloban City
273
ATTY. RAPHAEL AARON WILWAYCO
Counsel for Plaintiff
Roll No. 111
IBP No. 111 – Lifetime
PTR No. 11 - 1/2/14 Leyte
MCLE Compliance IV No. 1234
Issued on January 12, 2013
Copy furnished:
Clerk of Court
RTC BR. 8, Tacloban City
Date of Receipt: ______________________
Signature: __________________________
Atty. TMZ
Counsel for Respondent
S and A Building, Juan Luna St.
Tacloban City
Date of Receipt:___________________
Signature:_____________________
274
VII. Pleadings: Criminal Actions
Criminal Complaint
COMPLAINT
275
Contrary to law.
KATERINA MONTENEGRO
Complainant
KRISLEEN A. ABRENICA
Assistant Prosecutor
KRISLEEN A. ABRENICA
Assistant Prosecutor
WITNESSES:
276
3. Dr. Lorenzo Clarion, Medico Legal Div., MPF
277
VII. Pleadings: Criminal Actions
Investigation Data Form
To be accomplished by complainant/counsel/Law
enforcer (used back portion if space is not sufficient)
COMPLAINANT/S: Name, Sex, Age & RESPONDENT/S: Name, Sex, Age & Address
Address
_______Joseph Cabaluna____________ ________Benhur Laput____________
_______Male_________________ ________Male_________________________
_______37____ _____ 26
______ Pardo City___________ ________Minglanilla, Cebu___________
_______________________________________ ______________________________________
_______________________________________ ______________________________________
_______________________________________ ______________________________________
1. Has a similar complaint been filed before any office? YES___ NO___
2. Is this complaint in the nature of counter-charged? YES___ NO___
278
3. Is this complaint related to another cases before this office? YES___ NO___ if yes, indicate
details below.
I.S. NO.__________________________
Handling Prosecutor:__________________________
CERTIFICATION
I CERTIFY under oath, that all the information on this sheet are true and
correct to the best of knowledge and belief, that I have not commenced any
action or filed any claim involving the same issues in any court, tribunal,
quasi-judicial agency, and that if I should thereafter learn that a similar
criminal action has be filed and/or is pending, I shall report that fact to this
Honorable Office within (5) days from knowledge thereof.
________Joseph Cabaluna______
(Signature over Printed Name)
279
VII. Pleadings: Criminal Actions
Information
-Versus-
INFORMATION
280
Spouses Bacsarpas in the aforesaid sum of PhP
5,000,000.00.
Contrary to law.
AZRIFA A. MAMUTUK
Associate Prosecution Attoryney II
Approved:
JAN N. PEREZ
City Prosecutor
CERTIFICATION
AZRIFA A. MAMUTUK
Associate Prosecution Attorney II
281
VIII. Other Criminal Pleadings
Motion to Quash
MOTION TO QUASH
ARGUMENTS
FAITH AGWAYAS
Counsel for the Accused
BP No. 81121: 11/21/2013: Manila
PTR No. 12345: 11/21/2013: Manila
Roll of Attorney No. 11111
282
NOTICE OF HEARING
The Clerk of Court
Regional Trial Court of Manila
Branch 1
Please set foregoing Motion to Quash for hearing on Friday, December 2
2013 at 9:00 a.m. or as soon as counsel may be heard.
CANDY YU
Counsel for the Accused
BP No. 2222: 11/21/2013: Manila
PTR No. 12345: 11/21/2013: Manila
Roll of Attorney No. 2222
283
VIII. Other Criminal Pleadings
Motion for New Trial
Ramon Dakit
Defendant
Defendant moves the court to set aside the verdict and to grant him a new
trial for the following reasons:
[ ] The verdict is contrary to law; and/or
[ ] The verdict is contrary to the weight of the evidence; and/or
[ ] Defendant was denied a fair and impartial trial.
Reasons the defendant has not received a fair and impartial trial may be:
The Court erred in sustaining objections to questions addressed to a witness.
The Court erred in admitting testimony of the witness.
The Court erred in charging the jury and in refusing to charge the jury as
requested.
284
VIII. Other Criminal Pleadings
Notice of Appeal
NOTICE OF APPEAL
285
VIII. Other Criminal Pleadings
Petition for Bail
NAKA PIIT,
Accused.
x ------------------------------------------ x
286
WHEREFORE, it is respectfully prayed that the accused be granted: (1)
a bail hearing, during which the prosecution should be directed to present its
evidence to show the strength of its evidence of the accused’s guilt, and (2)
thereafter, grant the accused reasonable bail.
287
IN WITNESS WHEREOF, I have hereunto affixed my signature this
th
15 day of March 2019, Quezon City.
NAKA PIIT
Accused-Applicant
MA’AM/SIR:
Greetings!
Please take notice that on March 22, 2019 at 8:30 in the morning or
upon the approval of the Honorable Court the instant Petition shall be heard.
288
Thank you.
289
VIII. Other Criminal Pleadings
Application of Compulsory Process to Secure Attendance of Witness
STEVE KERR
Attorney for the Defendant
290