CAPTIONS OF CASES FILED WITH THE MUNICIPAL TRIAL COURT

CIVIL ACTION

REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION
MUNICIPAL TRIAL COURT
Mogpog, Marinduque

Roberto Nesta,
Plaintiff,

- versus - Civil Case No. 93119

For: Forcible Entry
Freddy Merc,
Defendant,

CRIMINAL ACTION

REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION
MUNICIPAL TRIAL COURT
Mogpog, Marinduque

People of the Philippines,

Plaintiff,

Crim. Case No. 92019

-versus- For: Less Serious Physical Injury under Art.
265 of the Revised Penal Code

John Dross,
Accused,

CAPTIONS OF CASES FILED WITH THE REGIONAL TRIAL COURT

ACCORDING TO ITS EXCLUSIVE ORIGINAL JURISDICTION

CIVIL ACTION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 4, MANILA
Damien Marley,
Plaintiff,

- versus - Civil Case No. 93119

For: Specific Performance
Matis Yahu,
Defendant,

CRIMINAL ACTION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 4, MANILA

People of the Philippines,

Plaintiff,

- versus - Crim. Case No. 92019

For: Murder
Juan Dela Cruz,
Accused,

SPECIAL PROCEEDINGS

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 4, MANILA

IN RE: PETITION FOR ALLOWANCE

THE WILL OF DON ALFONSO UNO,
DECEASED, S.P. PROC. No. 123456
For: Probate of Will

GRACE U. POW
Petitioner,

ACCORDING TO ITS APPELLATE JURISDICTION

CIVIL ACTION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 4, MANILA

Johnny Cruz
Plaintiff-Appellee,

-versus- Civil Case No. 92019

For: Collection of Sum of Money

John Dross,
Defendant-Appellant,

CRIMINAL ACTION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 4, MANILA

People of the Philippines,

Plaintiff-Appellee,

-versus- Crim. Case No. 92019

For: Less Serious Physical Injury under Art.
265 of the Revised Penal Code

John Dross,
Accused-Appellant,

NOTE: AN APPEAL FROM A JUDGMENT OR FINAL ORDER OF A MUNICIPAL TRIAL COURT

MAY BE TAKEN TO THE REGIONAL TRIAL EXERCISING JURISDICTION TO WHICH THE
FORMER PERTAINS. THE TITLE OF THE CASE SHALL REMAIN AS IT WAS IN THE COURT OF
ORIGIN, BUT THE PARTY APPEALING THE CASE SHALL BE FURTHER REFERRED TO AS THE
APPELLANT AND THE ADVERSE PARTY AS THE APPELLEE.
Captions within the Jurisdiction of:
Court of Appeals (Appealed Cases)

Supreme Court (Petition for review on Certiorari, Rule 65)

Court of Appeals (Appealed Cases)

Appellant - the party who takes an appeal from one court or jurisdiction to another.
Appellee - the party in a cause against whom an appeal is taken; that is, the party who has an interest adverse to
setting aside or reversing the judgment.
Jurisdiction of CA- Exclusive and Original:
Civil Cases Criminal Cases
Actions for annulment of judgments of RTC1. Actions for annulment of judgments of RTC
based upon extrinsic fraud or lack of jurisdiction (Sec. 9, BP 129);
(Sec. 9, BP 129; Rule 47, 1997 Rules of Civil 2. Crimes of Terrorism under the Human
Procedure). Security Act of 2007 or RA 9372.

Caption of Cases Appealed to CA:

Supreme Court (Petition for review on Certiorari, Rule 65)

Rule 65: Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or
quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in
the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the
facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such
tribunal, board or officer, and granting such incidental reliefs as law and justice may require. (Par 1, Sec 1, Rule
65- Rules of Court)
Certiorari - It is a writ issued by a superior court to an inferior court, board or officer exercising judicial or
quasi-judicial functions whereby the record of a particular case is ordered to be elevated for review and
correction in matters of law.

Grounds for certiorari:

That a tribunal, board or officer exercising judicial or quasi-judicial functions acted:
1. Without or in excess of jurisdiction; or
2. In grave abuse of discretion amounting to lack or excess of jurisdiction.

Jurisdiction of SC- Exclusive and Original:

Civil Cases Criminal Cases
Original Petitions for issuance of writs ofPetitions for issuance of writes of certiorari
certiorari, prohibition and mandamus againstprohibition and mandamus against the
the following: following:
1. CA;
1. CA; 2. Court of Tax Appeals; 3. Commission 2. Sandiganbayan
on Elections En Banc;
4. Commission on Audit;
5. Sandiganbayan.

Caption of Petition for Review filed with SC:

RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS

Section  1.  Uniform  Procedure.  –  The  procedure  to  be  observed  in the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit  Trial  Courts  shall  be  the  same  as  in  the  Regional  Trial Courts,
except where a particular provision applies only to either of said courts and in criminal cases governed by the
Revised Rule on Summary Procedure. 
Violations of traffic laws, rules and regulations;
WHAT  ARE  THE  CRIMINAL  CASES  FALLING  UNDER  THE  RULES  OF SUMMARY
PROCEDURE?
1.    Violations of traffic laws, rules and regulations
2.    Violations of the rental law
3.    Violations of municipal or city ordinances
4.    All  other  criminal  cases  where  the  penalty  prescribed  by  law  for the offense charged is imprisonment
not exceeding six months, or a  fine  not  exceeding  (P1,000.00),  or  both,  irrespective  of  other imposable
penalties, accessory or otherwise, or of the civil liability arising  therefrom:  Provided,  however,  that  in 
offenses  involving
damage  to  property  through  criminal  negligence,  this  Rule  shall govern  where  the  imposable  fine  does 
not  exceed  ten  thousand pesos (P10,000.00). 

What are violation of traffic laws?

Disregarding Traffic Signs (DTS)
Obstruction
Number Coding or Color Coding Scheme
Illegal Parking
Loading and unloading in prohibited areas
Truck Ban
Stalled Vihicles
Reckless Driving
Illegal Counterflow
Motorcycle lane policy

HOW   IS   A   CRIMINAL   CASE   COMMENCED   IN   A   SUMMARY PROCEDURE?
     The  filing  of  criminal  cases  falling  within  the  scope  of  this  Rule shall be either by complaint or by
information: Provided, however, that  in  Metropolitan  Manila  and  in  Chartered  Cities,  such  cases shall be
commenced only by information, except when the offense cannot be prosecuted de oficio. 
     The  complaint  or  information  shall  be  accompanied  by  the affidavits of the compliant and of his
witnesses in such number of copies  as  there  are  accused  plus  two  (2)  copies  for  the  court's files.  If this
requirement is not complied with within five (5) days from date of filing, the case may be dismissed
Sec.  12.  Duty of court. — 
 
(a)  If commenced by compliant. — On the  basis of  the compliant and the affidavits and other evidence
accompanying the same, the court  may  dismiss  the  case  outright  for  being  patently  without
basis or merit and order the release of the accused if in custody.
 
(b)  If commenced by information. — When the case is commenced by information, or is not dismissed pursuant
to the next preceding paragraph,  the  court  shall  issue  an  order  which,  together  with copies  of  the 
affidavits  and  other  evidence  submitted  by  the prosecution,  shall  require  the  accused  to  submit  his 
counter-affidavit and the affidavits of his witnesses as well as any evidence in  his  behalf,  serving   copies 
thereof  on  the  complainant  or prosecutor not later than ten (10) days from receipt of said order. The
prosecution may file reply affidavits within ten (10) days after receipt of the counter-affidavits of the defense. 
WHAT  IS  REQUIRED  IN  THE  SUBMISSION  OF  AFFIDAVITS  IN  A SUMMARY
PROCEEDING?
     The affidavits required to be submitted under this Rule shall state only  facts  of  direct  personal  knowledge 
of  the  affiants  which  are admissible in evidence, and shall show their competence to testify
to the matters stated therein. 
CORRECTION OF ENTRY
Rule 108:
Who may file the petition?
 Any person interested in any act, event, order or decree concerning the civil status of persons which has been
recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating
thereto
What are the entries subject to correction?
(a) births: (b) marriage; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f)
judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of
natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial
determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.
What is the contents of the petition for change of name?
A petition for change of name shall be signed and verified by the person desiring his name changed, or some
other person in his behalf, and shall set forth:
That the person has been a bona fide resident of the province where the petition is file for at least three
years prior to the date of such filing

The cause of which the change of the petitioners name is sought

The name ask for

What should be included in the title of a petition for change of name?

The applicants real name

His aliases or other names , if any

The name sought to be adopted even if these data are found in the body of the petition

Note: this is a proceeding in rem since it is impressed with public interes. Hence, strict compliance with all the
requirements therefore is indispensable in order to vest the court with jurisdiction for its adjudication.
What are the grounds warranting change of name?
When the name is ridiculous, dishonorable or extremely difficult to write or pronounce

When the change results as a legal consequenc of legitimation or adoption

When the change will avoid confuction.

When the one has continuously used and been known since childhood by a Filipino name and was
unaware of alien perantage

Filipino name to erase signs of former alienage, all in good faith and without prejudce to anybody

When the surname cause embarrassment and there is no showing that desired change of name was for a
fraudulent purpose of that the change of name could prejudice public interest
 Republic of the Philippines
REGIONAL TRIAL COURT
Third Judicial Region
BRANCH 106
Palayan City

IN THE MATTER OF PETITION FOR

CANCELLATION / CORRECTION OF
ENTRY IN THE CERTIFICATE OF LIVE
BIRTH OF LOWEN GIL C. MARQUEZ,

LOWEN GIL C. MARQUEZ, represented

by his Attorney – In – Fact Glena C.
Marquez,
Petitioner,

- versus - SP. PROC.NO. ____

THE LOCAL CIVIL REGISTRAR OF

PALAYAN CITY, THE LOCAL CIVIL
REGISTRAR OF PENARANDA,
NUEVA ECIJA, and THE CIVIL
REGISTRAR GENERAL,
Respondents.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT

Purpose : It shall take the place of the direct testimony of the witness to prove all the material allegations
in the Petition : to identify documents relevant to the petition; and prove all other relevant matters :

I GLENA C. MARQUEZ, of legal age, single, Filipino and with residence at Bo. Militar, Ft. Magsaysay, Palayan
City, Nueva Ecija after being duly sworn to in accordance with law, by way of answers consciously given to the
questions propounded by Atty. Kathryn Menelea Joson, with office address at No. 28, Mabini Extension (beside
Wesleyan University), do hereby depose and state that :

Q1. Ms. Witness, do you know a certain Lowen Gil Marquez, petitioner in this instant case ?
A1. Yes ma’am. He is my brother and he authorized me to file the instant petition.
Q2. Do you have any proof that you were indeed authorized by your brother to file this case;
A2. Yes ma’am. I have here with me a Special Power of Attorney executed by Lowen Gil Marquez giving
authority to file this petition.
(Manifestation : At this juncture, we pray the Honorable Court that the Special Power of Attorney dated October
21, 2016 be marked as Exhibit “A” and the signature appearing on top of the name Lowen Gil Marquez be
bracketed and marked as Exhibit “A-1”
Q3. Being the sister and representative of the petitioner, are you aware of any problem regarding the fact of birth
of Lowen Gil Marquez, if any?
A3. Yes ma’am. I know that my mother late registered the fact of birth of my brother with the Local of Civil
Registrar of Palayan City however instead of putting the correct year of birth of Lowen Gil which is 1971, she
made a mistake by reflecting 1970 as the birth of my brother;
Q4. Do you have any proof of said error in the birth certificate?
A4. Yes ma’am I have here with me a birth certificate of Lowen Gil Marquez issued by Palayan LCR.
(Manifestation. May we pray the Honorable Court that the Birth Certificate with Reference No. 88-277 issued by
Palayan LCR be marked as Exhibit “B” and the year corresponding to year of date be marked as Exhibit “B-1”)
Q5. After learning the mistake in the birth certificate of Lowen Gil Marquez in the LCR of Palayan, what action
did your mother do, If any?
A5. Because my mother was unschooled madam, considering the first registration was already a late registration
and can no longer be corrected under administrative correction, she thought the best remedy to rectify the error
was to register the same with the LCR of Penaranda, Nueva Ecija considering some portion of the place or our
residence is also within the jurisdiction and part of town of Penaranda, Nueva Ecija, which she did;
Q6. And what is your proof that the fact of birth of Lowen Gil Marquez was also registered in the Local Civil
Registry of Penaranda Nueva Ecija?
A6. I have here with me a copy of the Certificate of Live Birth of Lowen Gil Marquez issued by the LCR of
Penaranda and a Certification of Fact of Birth issued by the same office.
(Manifestation : We pray your Honor that the Certificate of Live Birth with Reference No. 2003-336 issued by
Penaranda LCR be marked as Exhibit “C” and the Certification of Fact of Birth issued by the same office as
Exhibit “C-1”)
Q7. Madam witness, do you have any proof that indeed your brother Lowen Gil Marquez was born on the year
1971 and not on 1970?
A7. Yes Ma’am. I have here with me a copy of his AFPMBAI ID issued by the Armed Forces f the Philippines and
his marriage contract showing the true and correct year of his birth is 1971 and not 1970.
(Manifestation : May we pray your Honor that the AFPMBAI ID of the petitioner be marked as Exhibit “D” for
the front and Exhibit “D-1” for the back portion while the year of date which is February 9, 1971 be encircled and
marked as Exhibit “D-2”; Further we pray that the Certificate of Marriage of Lowen Gil Marquez and Josephine
Canacan be marked as Exhibit “E” and the date of birth of Lowen Gil Marquez appearing therein be encircled
and marked as Exhibit “E-1”
Q8. By the way Madam Witness, where is your mother and brother now?
A8. My mother ma’am is already dead while my brother is presently serving as a regular army of the AFP
stationed in Mindanao area.
Q9. And what do you want for the court to do with the instant petition?
Q9. We pray your Honor that the petition be granted and that the Certificate of Live Birth of my brother
Lowen Gil Canacan issued by the Local Civil Registrar of Penaranda Nueva Ecija be cancelled and deleted from
its database while retaining the Certificate of Live Birth issued by the Local Civil Registrar of Palayan City, Nueva
Ecija correcting therein the year of birth from 1970 to 1971.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of January, 2017 here at
Cabanatuan City, Nueva Ecija. I hereby warrant that the documents marked and attached hereto as Exhibit A to
E that I identified are all original/certified true copy of the original.

GLENA C. MARQUEZ
Affiant
SUBSCRIBED AND SWORN TO before me this January 31, 2017 here at Cabanatuan City, the affiant signed this
document in my presence and swore to me that she understood the contents thereof and affirmed that the same
was executed by her consciously and fully aware she may face criminal liability for false testimony or perjury.

___________________

I, KATHRYN MENELEA H. JOSON, counsel for the petitioner in the above – entitled case, do hereby state that I
conducted the direct examination of the above – named witness; that I faithfully recorded the questions and I
asked the answers that the witness gave; and that I did not nor any other people then present assisting, coached
the witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of January, 2017 here at
Cabanatuan City.

ATTY. KATHRYN MENELEA H. JOSON

Counsel for the Petitioner

This Judicial Affidavit is attested to me under oath by Atty. Kathryn Menelea H. Joson this 31st day of January
2017 at Cabanatuan City pursuant to A.M. No. 12-8-8-SC.

PLEADING FOR DAMAGES

When to file pleadings for damages to RTC?
If the case was file in Metro Manila, the Regional Trial Court (RTC) has jurisdiction over cases where the
aggregate money claim exceeds P400,000.

If filed outside Metro Manila, the RTC has jurisdiction where the aggregate money claim exceeds
P300,000;

Types of Damages
Actual or Compensatory

Purpose
Actual or compensatory damages simply make good or replace the loss caused by the wrong.
Manner of Determination
Claimant must produce competent proof or the best evidence obtainable such as receipts to justify an award
therefore. Actual or compensatory damages cannot be presumed but must be proved with reasonable certainty.
(People v. Ereno, Feb. 22, 2000)
What can be recovered
For loss or impairment of earning capacity in cases of temporary or permanent personal injury

For injury for the plaintiffs business standing or commercial credit.

Note: it is considered as an ordinary damages since it is generally inherent in a breach of typical contract
2. Moral Damages
- Includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock, social humiliation and similar injury.
- Though incapable of pecuniary computation, moral damages may be recovered if they were the proximate
result of the defendant’s wrongful act or omission.
- Moral damages are not awarded to punish the defendant but to compensate the victim
- May be recovered when there is death or there is malice or bad faith. (in transportation of passengers)
Generally, no moral damages may be awarded where the breach of contract is not malicious.
- Moral damages may be awarded if the contractual negligence is considered gross negligence.

Requisites?
There must be an injury, whether physical, mental or psychological, clearly sustained by the claimant

There must be a culpable act or omission factually established

The wrongful act or omission of the defendant is the proximate cause of the injury sustained by the
claimant

The award of damages is predicated on any of the cases stated in Art. 2219.

Nominal Damages

- It is adjudicated in order that the right of plaintiff may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him.
- The assessment of nominal damages is left to the discretion of the court according to the circumstances of the
case.
- The award of nominal damages is also justified in the absence of competent proof of the specific amounts of
actual damages suffered.
- Cannot co-exist with actual damages.
- There is no loss in nominal damages, unlike in actual and temperate damages, loss is present which is proven
and not proven but rather ascertained by the court, respectively.

4. Temperate or Moderate Damages

- More than nominal but less than compensatory damages
- Art. 2224 provides:
 may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from
the nature of the case, be provided with certainty.
- cannot co-exist with actual damages
- Definite proof of pecuniary loss cannot be offered, although the court is convinced that there has been such
loss.

5. Liquidated Damages
- Those agreed by the parties to a contract, to be paid in case of breach thereof.
- Ordinarily, the court cannot change the amount of liquidated damages agreed upon by the parties. However,
Art. 2227 of the Civil Code provides that liquidated damages, whether intended as an indemnity or a penalty,
shall be equitably reduced if they were iniquitous or unconscionable.
 
Exemplary or Corrective Damages

Purpose
Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings. (People v. Orilla,
422 SCRA 620)
Manner of Determination
1. That the claimant is entitled to moral, temperate or compensatory damages; and

2. That the crime was committed with 1 or more aggravating circumstances, or the quasi-‐delict was committed
with gross negligence, or in contracts and quasi-contracts the act must be accompanied by bad faith or done in
wanton, fraudulent, oppressive or malevolent manner. No proof of pecuniary loss is necessary.
NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good
faith can be held liable if he had been previously informed of such. circumstances.
 Republic of the Philippines
REGIONAL TRIAL COURT
Branch 1
7th Judicial Region
Bulwagan ng Katarungan
New Capitol Site, Tagbilaran City, Bohol

SPOUSES FLOYD M. WEATHER and CIVIL CASE NO. 123456

DIONISIA MAY-WEATHER, FOR: Damages
Plaintiffs,

-versus-

THE PAKYAW HOTEL AND CASINO

Defendant

x--------------------------------------------------x

COMPLAINT FOR DAMAGES

COMES NOW the plaintiffs, spouses FLOYD M. WEATHER and DIONISIA MAY-WEATHER, through
the undersigned and unto this Honorable Court, most respectfully states:
That the plaintiff FLOYD WEATHER, is of legal age, Filipino, married to Dionisa May-Weather, and is a resident
of 69 Las Vegas Street, Tagbilaran City, Bohol, where he can be served with summons and other processes of this
Honorable Court;
That the plaintiff DIONISIA MAY-WEATHER, is also of legal age, Filipino and married to Floyd Weather and is
a resident of 69 Las Vegas Street, Tagbilaran City, Bohol;
That plaintiff FLOYD M. WEATHER is a boxer and a celebrity, being the reigning World Boxing Council – World
Welterweight Champion;
That plaintiff DIONISIA MAY-WEATHER is herself a well-known local celebrity, socialite and entrepreneur;
That the defendant, THE PAKYAW HOTEL AND CASINO is a domestic corporation incorporated in Tagbilaran
City with principal address at 111 New York Street, Philadelphia District, Tagbilaran City;
That both parties have the capacity to sue and be sued;

That said Hotel and Casino is a 5-star establishment and known in the locality to be the best hotel for the
affluents and well-to-dos;
That sometime in May 2015, said couple contacted the defendant through their General Manager, Mr. Freddie R.
Coach to inquire whether they accept bookings for weddings, specifically on the date September 14, 2015,
specifying that they were in a hurry to get married as herein plaintiff DIONISIA MAY-WEATHER was already
pregnant and didn’t want to show the baby bump on her wedding day and that said date was very special to them
as this was the day that they officially became a couple;
That said General Manager confirmed the availability of said date, prompting the plaintiffs to schedule a go-see
of the venue on the following day;
That on the following day, the plaintiffs personally inspected the hotel’s chapel, function hall for the reception
and rooms for their guests and the General Manager confirmed the availability of the hotel to accommodate their
wedding on September 14, 2015;
That the General Manager confirmed once again the availability of their facilities for the said wedding;
That on June 5, 2015, herein plaintiffs brought the much sought-after wedding coordinator Jinky P. Winky from
Macau for another go-see of The Pakyaw Hotel and Casino, including a 3-day stay therein;
That the plaintiffs spent a total of Twenty Six Thousand Eight Hundred Twenty Four and 21/100 Pesos
(Php26,824.21) for the airfare of said coordinator. Photocopy of said plane ticket receipt attached herein as
“Annex A”;
That the plaintiffs likewise spent a total of Fifteen Thousand Pesos (Php15,000.00) for hotel and accommodation
fees. Photocopy of said receipt attached herein as “Annex B”;
That the plaintiffs likewise spent Ten Thousand Four Hundred Fifty Pesos (Php10,450.00) as professional fee of
said coordinator. Photocopy of billing and receipt of professional fee attached herein as “Annex C”;
That the plaintiffs, coordinator, General Manager as well as the defendant hotel’s Events Director Princess P. Pak
proceeded with the wine and food tasting, determination of the rooms and venue of the wedding and reception,
with the plaintiffs spending a total of Five Thousand Pesos (Php5,000.00) for the said preparatory activities.
Photocopy of said receipt attached herein as “Annex D”
That on June 18, 2015, the General Manager sent a billing to the plaintiffs for the package food and
accommodation for a total of One Hundred Thousand Pesos (Php100,000.00), requiring a down payment of
Fifty Thousand Pesos (Php50,000.00) AS SOON AS POSSIBLE. Photocopy of said billing attached herein as
“Annex E”;

That on June 19, 2015, herein plaintiffs verbally conferred with the General Manager if it was possible to pay only
Twenty Five Thousand Pesos (Php25,000.00) with the rest of the required down payment to be paid in August
and the remaining Fifty Thousand Pesos (Php50,000.00) on the first week of September, 2015. The General
Manager agreed and the plaintiffs paid the said amount on the same day, in cash. Photocopy of the receipt
attached herein as “Annex F”;
That the plaintiffs proceeded with the preparations for their wedding, including the sending out of invitations
setting forth the venue of their wedding as The Pakyaw Hotel and Casino. Said invitations costing Fifty Thousand
Pesos (Php50,000.00). Photocopy of the receipt attached herein as “Annex G” and photocopy of the invitation
attached as “Annex J”;
That on July 3, 2015, the plaintiffs received a call from the General Manager indicating that the hotel will no
longer be able to accommodate their wedding on September 14, 2015, stating their failure to pay the total amount
of down payment required and asking them for a bank account number to which the Twenty Five Thousand
Pesos (Php25,000.00) that they already paid may be deposited;
That the plaintiffs refused to accept the amount by not furnishing any bank account number and demanded a
meeting with the General Manager.
That the plaintiffs immediately went to see the General Manager at the hotel for a clarification on the matter but
that said manager was nowhere to be found and they were merely informed that said person was attending to
other important matters;
That on the following day, a Bobby P. Yao, claiming to be a messenger of The Pakyaw Hotel and Casino went to
the plaintiffs’ residence at 69 Las Vegas Street to deliver the amount of Twenty Five Thousand Pesos
(Php25,000.00);
That said messenger pleaded with Floyd M. Weather to accept the delivery or else he might lose his job if he fails
to perform the task assigned to him;
That on account of said pleading, Floyd M. Weather accepted the amount;
That in the following days, herein plaintiffs continued to get in touch with the General Manager and any
representative from The Pakyaw Hotel and Casino to obtain any clarification on the matter but it was to no avail;
That the plaintiffs were compelled to book the much cheaper Inadlaw Hotel which was the only other available
venue in the city on the said date;
That on July 20, 2015, plaintiffs were likewise compelled to fly in their coordinator to inspect the venue,
spending Seventeen Thousand Four Hundred Eighteen Pesos (Php17,418.00). Photocopy of the air plane ticket
attached herein as “Annex H”;
That plaintiffs spent another Five Thousand Two Hundred Twenty Five Pesos (Php5,225.00) as professional fee
of the coordinator. Photocopy of the receipt attached herein as “Annex I”;
That it was the duty of The Pakyaw Hotel and Casino to timely communicate any restrictions or limitations on
the capacity to accommodate the plaintiffs, knowing the exigency of the wedding ceremony;
That The Pakyaw Hotel and Casino accommodated herein plaintiffs, confirming the availability and willingness
of the establishment to cater to a most joyous and once in a lifetime event in the couple’s lives, willfully causing
the plaintiffs to believe that they can celebrate their wedding therein;
That without much explanation or offer of consolation of any kind, The Pakyaw Hotel and Casino terminated its
agreement with herein plaintiffs, leaving the latter to endure further agony and stress in redoing their wedding
preparations, wasting herein plaintiffs’ precious time;
That as a result of said wanton disregard for the interests of the plaintiffs, The Pakyaw Hotel and Casino caused
actual damages to the plaintiffs;
That as a result of the willful and flagrant disregard of The Pakyaw Hotel and Casino for its clients, plaintiffs
suffered embarrassment and humiliation from initially announcing that their wedding will be held in a first class
hotel and eventually celebrating the same in a lower class one, not at par with the plaintiffs’ status in life and not
in accordance with the bride’s earnest wishes;
That as a result of The Pakyaw Hotel and Casino’s gross negligence and willful and flagrant disregards for their
clients, herein plaintiff Dionisia May-Weather suffered sleepless nights, anxiety and social humiliation that her
dream wedding may not be celebrated in time, such mental anguish physically manifested in the then pregnant
bride-to-be’s delicate condition, prompting her to be hospitalized for two days and required bed rest for seven
more days;
That the willful, flagrant and malicious disregard of the defendant has worked as an injustice to the rights of the
plaintiffs;
That as a consequence, plaintiffs were compelled to institute the instant action against the defendant. They were
constrained to retain the services of counsel to whom they paid an acceptance fee of Forty Thousand Pesos
(Php40,000.00) and bound themselves to pay the undersigned counsel an appearance fee of One Thousand Five
Hundred Pesos (Php1,500.00) per appearance;

PRAYER

WHEREFORE, the forgoing premises considered, it is most respectfully prayed that this Honorable
Court render judgment ordering Defendant to pay herein Plaintiff the following amounts:

Php129,925.00, representing the actual damages suffered by the plaintiffs;

Php100,000.00 as moral damages

Php100,000.00 as exemplary damages

Php40,000.00 as attorney’s fee;

Plaintiffs likewise pray for such other reliefs as are just and equitable under the premises.
SO PRAYED.
Tagbilaran City.
December 10, 2015

BOB S. ARUMA
Cousel for the Plaintiffs
PTR No. 1234567/01-06-15/Tagbilaran City
IBP No. 123456/11-06-10/Tagbilaran City
Roll No. 123456
MCLE No. 123456, Series of 2015,
dated March 5, 2015
13th Floor, RRL Building, Washington St., Tagbilaran City, Bohol
SECTION 5 OF RA 9165
What is RA 9165
An act instituting the comprehensive dangerous drugs act of 2002, repealing Republic Act No. 6425, otherwise
known as the Dangerous Drugs Act of 1972, as amended.
What are the prohibited acts under section 5?
Sale

Trading

Administration

Dispensation

Delivery

Distribution

Transporatation of dangerous drugs

Jurisdiction:
Section 90.The Supreme Court shall designate special courts from among the existing Regional Trial Courts in
each judicial region to exclusively try and hear cases involving violations of this Act. The number of courts
designated in each judicial region shall be based on the population and the number of cases pending in their
respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days
from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the
corresponding information shall be filed in court within twenty-four (24) hours from the termination of the
investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the
corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of
receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of
the filing of the information. Decision on said cases shall be rendered within a period of fifteen (15) days from the
date of submission of the case for resolution.

Republic of the Philippines

Department of Justice
Office of the Provincial Prosecutor
First Judicial Region
Baguio City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

Versus –
FOR:
Antonio Montana y Lopez a.k.a. “Tony”, VIOLATION OF REPUBLIC ACT 9165
 Respondent. (The Comprehensive Dangerous Drug Act of 2002)

x------------------------------------x

CRIMINAL COMPLAINT

The undersigned Police Investigator of Police Station 3, Pacdal Circle, Baguio City, under and in accordance with
law hereby accuses Antonio Montana y Lopez a.k.a “Tony”, a resident of Abatan, Buguias, Benguet for violation
of Article II, Section 5 and Section 15 of R.A. 9165 otherwise known as the Comprehensive Dangerous Drug Act
of 2002 as amended, committed as follows:

That on or about 1:30 in the afternoon of August 16, 2019 at Barangay Pacdal of Baguio City, Philippines and
within the jurisdiction of his Honourable Court the above named accused Antonio Montana y Lopez a.k.a “Tony”
without authority, did then and there wilfully, unlawfully and feloniously use, sell, dispense, deliver, distribute
and give away to another the metaphetamine hydrochloride commonly known as “SHABU” place inside a small
one (1) heat-sealed transparent plastic sachet, a dangerous drugs weighing approximately 0.137 grams more or
less and in consideration of the amount of Five Hundred (Php 500.00) pesos, to a PNP agent who posed as
poseur buyer of the aforesaid dangerous drugs which resulted to the apprehension of the accused and the
confiscation from his possession, control and custody the previously marked Five Hundred peso bill buy bust
money with Serial Number MC847405 and one (1) piece of heat-sealed transparent plastic sachet not authorized
by law, containing white crystalline substances of Metaphetamine Hydrocloride commonly known as “SHABU”.

CONTRARY TO LAW:

Baguio City, Philippines, August 17, 2019.

PO3 John J. Mcclane
Police Investigator
EXHIBIT:
Affidavit of Poseur Buyer
Affidavit of Arresting Officers
Receipt of Property Seized
Result of Laboratory Examination
Result of Physical Examination
Photocopy of the original one (1) piece genuine Five Hundred Peso (Php500.00) marked bill MC847405 (used as
buy-bust money)
Photographs
WITNESSESS:
PO3 Harold F. Callahan ----- Police Station, Pacdal Circle, Baguio City
PO3 Martin C. Riggs --------- ---do---
PO2 Vince S. Vincent ------- ---do----
Dr. Stephen Strange -------- NBI-CAR, Baguio City
SUBSCRIBED AND SWORN to before me on 26 August, 2019 at Baguio City, Philippines.

Robert L. Shapiro
Assistant City Prosecutor

Petition for Review under Rule 45 Petition for Review on Certiorari under
Rule 65
Within the jurisdiction of the appellate Supreme Court has original jurisdiction
court
 May be for interlocutory orders
Review of final judgment, award or
order on the merits Grave abuse of discretion

Questions of law Independent action

Continuation of case Filed within 60 days from notice of

judgment, order or resolution
Filed within 15 days from notice of final
judgment, order or resolution
Contents: Contents:

Caption Caption
Title Title
Nature of Petition Nature of Petition
Dispositive portion Dispositive portion
Body Body
Timeliness Timeliness
Personal circumstances Personal circumstances
Facts Facts
Issue/s Issue/s
Errors committed Ground/s
Ground/s Discussion
Discussion Relief/Prayer
Relief/Prayer Venue and date
Venue and date Attorney
Attorney Verification and Certificate of Non-
Verification and Certificate of Non- Forum Shopping
Forum Shopping Proof of Service
Proof of Service Attachments
Attachments

HEADINGS FOR PETITION FOR REVIEW UNDER RULE 45

NATURE OF PETITION
TIMELINESS OF THE PETITION
THE PARTIES
STATEMENT OF FACTS AND THE CASE
ASSIGNMENT OF ERRORS
GROUNDS FOR THE ALLOWANCE OF THE PETITION
DISCUSSION
PRAYER

HEADINGS FOR PETITION FOR REVIEW ON CERTIORARI UNDER RULE 65

NATURE OF THE PETITION
TIMELINESS OF THE PETITION
THE PARTIES
STATEMENT OF FACTS AND THE CASE
STATEMENT OF ISSUES
GROUNDS FOR THE ALLOWANCE OF THE PETITION
DISCUSSION
PRAYER
SAMPLE PETITION FOR REVIEW UNDER RULE 45

REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

AAA,
Petitioner,

-versus- C.A. G.R. SP No. 123123

BBB,
Respondent.
x----------------------------------x

PETITION FOR REVIEW

Petitioner AAA, through the undersigned counsel, and unto this Honorable Court, respectfully states that:

NATURE OF THE PETITION

This is Petition for Review under Rule 45 of the Rules of Court, seeking to set aside the Decision dated 22
June 2019 issued by the Regional Trial Court Branch 145 of Makati City (RTC). The dispositive portion of said
Decision is hereunder quoted for easy reference:
“WHEREFORE, premises considered, the instant case is hereby DISMISSED for being
premature.
SO ORDERED.”
TIMELINESS OF THE PETITION

On 31 July 2019, herein Petitioner received a copy of the said Decision from the RTC. Thus, the Petitioner
has until 15 August 2019 within which to file this instant Petition;

THE PARTIES

Petitioner, AAA, is a Filipino, of legal age, and a resident of 225 Sen. Gil Puyat Ave., Brgy. Bel-Air, Makati
City. The Petitioner may be served with Summons, Notices, and other legal processes of this Honorable Court
through the undersigned at the address indicated below;

On the other hand, Respondent, BBB, is a Filipino, of legal age, and a resident of 55 Swaziland St., Better
Living Subdivision, Brgy. Don Bosco, Parañaque City, where he may be served with summons, notices, and other
legal processes of this Honorable Court;

STATEMENT OF FACTS AND OF THE CASE

Respondent executed a Promissory Note dated 13 September 2017 (PN) in favor of Petitioner for the
amount of ONE MILLION TWO HUNDRED FIFTY THOUSAND PESOS (P1,250,000.00);

In said PN, the parties agreed that the maturity date of the same was on 15 March 2018 and that the
Respondent agreed to pay the same without need of notice or demand;

However, for failure to pay upon maturity, Petitioner nonetheless sent a Demand Letter dated 11 April
2018 to Respondent, which Respondent refused to heed;
 Thus, on 7 August 2018, Petitioner filed a Complaint for sum of money and damages against Respondent
before the RTC Branch 145 of Makati City;

During trial, Respondent argued that the case was premature considering that he never received
Petitioner’s Demand Letter and thus, the Complaint should be dismissed;

Thereafter, the RTC rendered judgment in favor of Respondent and dismissed the Complaint of Petitioner
for being premature. Hence, this Petition;

ASSIGNMENT OF ERRORS

WHETHER OR NOT THE HONORABLE COURT A QUO ERRED IN DISMISSING THE

COMPLAINT FOR BEING PREMATURE

GROUNDS FOR ALLOWANCE OF THE PETITION

Article 1159 of the Civil Code states that: Obligations arising from contracts have the force of law between
contracting parties and should be complied with in good faith.

ARGUMENTS/DISCUSSIONS

THE HONORABLE COURT A QUO ERRED IN DISMISSING

THE COMPLAINT FOR BEING PREMATURE

Applying Art. 1159 of the Civil Code, parties are bound to follow the provisions in the contract which they
entered into and the same constitutes the rule to govern between them;

In the instant case, the Respondent has legally waived the necessity of notice or demand for the payment
of the PN. Notwithstanding, Petitioner still sent a Demand Letter to Respondent. Even though Respondent’s
contention that he did not receive the same is true, it should not prejudice Petitioner’s Complaint considering
that the same was not a condition precedent to filing the same since Respondent legally waived the necessity of
it;

Thus, the Honorable Court a Quo evidently erred in dismissing Petitioner’s Complaint for being
premature.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that:

The instant Petition be given DUE COURSE;

After due proceedings, a Decision be rendered by the Honorable Court, SETTING ASIDE and REVERSING
the Decision dated 22 June 2019 issued by the Regional Trial Court Branch 145 of Makati City.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted this 10th of August 2019, Makati City for Manila.

JUAN MIGUEL L. SERVANDO

Counsel for Petitioner
Unit 111 Ayala II Condominium, Gil Puyat Ave., Makati City
IBP Lifetime No. 04914
PTR MKT 7312123 / 01-04-2019
 MCLE Compliance No. VI-001234
Roll No. 12334

Copy Furnished:

HONORABLE COURT OF APPEALS

Abenida Maria Orosa, Ermita, Manila

BBB
Respondent
55 Swaziland St., Better Living Subdivision, Brgy. Don Bosco, Parañaque City

EXPLANATION

Copies of this Petition for Review were sent to the above parties through registered mail/private courier
and not personally due to time constraint, distance involved, and lack of personnel of the undersigned.

JUAN MIGUEL L. SERVANDO

REPUBLIC OF THE PHILIPPINES)
) S.S.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, AAA, a Filipino, of legal age, with address at 225 Sen. Gil Puyat Ave., Brgy. Bel-Air, Makati City, after
having been sworn to in accordance with law, do hereby depose and state that:

1. I am the Petitioner in the above-titled Petition for Review;

2. I have caused the preparation and filing of the said Petition before the Honorable Court of
Appeals;

3. I have read the same and the contents thereof are true and correct based on my own personal
knowledge and on authentic documents and records;

4. I have not commenced any action of proceeding involving the same issue 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 tribunal or agency, and that, if I should
learn thereafter that a similar action or proceeding has been filed or is pending before these courts of tribunal or
agency, I undertake to report that the fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set our hand this __ day of _____________________ in
_______________________.

AAA
Affiant

SUBSCRIBED AND SWORN TO before me this __________day of _______________ in

_________________, affiant exhibited to me his Identity No. ___________.

Doc. No.
Page No.
Book No.
Series of 2019.
REPUBLIC OF THE PHILIPPINES )
MAKATI CITY ) S.S.

AFFIDAVIT OF SERVICE

I, XXX, of legal age, Filipino and with office address at Unit 111 Ayala II Condominium, Gil Puyat Ave.,
Makati City, after having been sworn to in accordance with law, depose and say:

That I work as Paralegal for Atty. Juan Miguel L. Servando, counsel for AAA for the Petition for Review
before the Honorable Court of Appeals;

That being impracticable due to lack of manpower, distance involved and time constraint, I served the
“PETITION FOR REVIEW” to the following:

RECEPIENT MODE OF SERVICE

By registered mail:
HONORABLE COURT OF APPEALS Registered Receipt No. __________
Abenida Maria Orosa, Ermita, Manila Makati Central Post Office
Date: _____________

By private courier:
LBC Tracking No. _____________
Date: ________________

By registered mail:
BBB Registered Receipt No. __________
Respondent Makati Central Post Office
55 Swaziland St., Better Living Subdivision, Date: _____________
Brgy. Don Bosco, Parañaque City
By private courier:
LBC Tracking No. _____________
Date: ________________

That I have voluntarily caused the execution of this affidavit to attest to the truthfulness of the contents
hereof, that I have read and understood the same; that the same is my voluntary act and deed; and for all other
legal purposes it may serve best.

IN WITNESS WHEREOF, I have hereunto affixed my signature this __________________, in

_____________.

XXX
Affiant

SUBSCRIBED AND SWORN to before me this ______________, in Makati City with affiant
exhibiting to me his Competent Evidence of Identity _____________.

Doc. No.___;
Page. No.___;
Book No.___;
Series of 2019.

Certified true copy is herein attached as Annex “A”

Copy is herein attached as Annex “B”
Copy is herein attached as Annex “C”
Copy is herein attached as Annex “D”
Captions and Headings |Group 3 | -