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1. Complaint for sum of money
Republic of the Philippines
MUNICIPAL TRIAL COURT IN THE CITIES
Branch _____, Bacolod City
_________________________,
Plaintiff,
-versus - Civil Case No. ______________
For: Sum of Money
_________________________,
Defendant. Mediatable
x - - - - - - - - - - - - - - - - - - - - - - - - - - x
COMPLAINT
PLAINTIFF, through the undersigned counsel, before this Honorable Court most
respectfully states that:
PARTIES
1. PLAINTIFF is of legal age, Filipino, married and a resident of _____. He may
be served with court orders and processes through his undersigned counsel;
2. DEFENDANT is of legal age, Filipino, married and with address at _______,
where she may be served with summons and other court orders and processes;
CAUSE OF ACTION
3. Last ________, defendant obtained a loan with the plaintiff in the amount of
_____ (P___), Philippine currency, payable on or before __________ together with
interest in the fixed amount of _______, as evidenced by the Promissory Note dated
____________, photocopy of which is hereto attached as Annex A and made an
integral part hereof;
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4. Defendant failed to fully pay her account with the plaintiff on ___________ as
stipulated in the aforementioned promissory note. She still has a balance of ____
(P_____), Philippine currency;
5. Several verbal demands were made by the plaintiff to the defendant for the
latter to pay and settle her unpaid obligation with the former but despite the promises to
settle her obligation, defendant deliberately failed to make any payments;
6. Consequently, the plaintiff was constrained to refer the matter to his
lawyer,______, who sent a final demand letter dated _____ to the defendant. Said
demand letter was received by the defendant on _____ as shown in the Registry Return
Card. Photocopies of the demand letter dated ____ and the Registry Return Card are
hereto attached as Annexes B and C, respectively, and made integral parts hereof;
7. Despite defendants receipt of the demand on _____, and the lapse of the five-
day period from receipt within which to settle her obligation, as stated in the demand
letter, defendant obdurately and contumaciously refused and failed to pay the plaintiff a
single centavo of her obligation in the total amount of _____ (P_____), Philippine
currency, to plaintiffs great damage and prejudice;
8. To effect collection and to protect his contractual rights due to the defendants
obdurate and contumacious refusal to settle her unpaid obligation, the plaintiff was
compelled to hire the services of the undersigned counsel to prosecute the instant case
and was charged with ____ (P_____), Philippine currency, as attorneys fees, plus per
court appearance of ____ (P______), Philippine currency, to which, defendant should be
held liable to pay;
9. In addition, PLAINTIFF incurred litigation expenses, including filing fee,
service of summons and other incidental expenses, amounting to _____ (P____),
Philippine currency, to prosecute his claims against the defendant. Said amount should be
charged against the defendant.
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PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
HONORABLE COURT that judgment BE ISSUED:
a. DIRECTING the DEFENDANT to pay PLAINTIFF the amount of PESOS
_____ (P______), Philippine currency, representing the unpaid principal loan, plus
interest and penalty;
b. DIRECTING the DEFENDANT to pay PLAINTIFF the amount of PESOS
_____ (P______), Philippine currency, as attorneys fee plus per court appearance of
PESOS _____ (P______), Philippine currency;
c. DIRECTING the DEFENDANT to pay PLAINTIFF the amount of PESOS
_____ (P______), Philippine currency, representing litigation expenses; and
Such other and further reliefs and remedies just and equitable under the premises.
Bacolod City, Philippines this ___ day of _______.
Counsel for the Plaintiff
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, _______, of legal age, Filipino, married and a resident of _______, under oath,depose and say that:
1. I am the plaintiff in the above-entitled case;
2. I caused the preparation of the foregoing Complaint;
3. I read all the allegations thereof and that the same are true and correct on my
own personal knowledge and authentic records;
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4. I have not heretofore commenced any other action or proceeding involving the
same issue in the Supreme Court, Court of Appeals, or any other tribunal or
agency;
5. To the best of my knowledge, no such action or proceeding is pending in the
Supreme Court, Court of Appeals, or any other tribunal or agency; and that if Ishould thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, Court of Appeals, or any other tribunal or
agency; I undertake to report that fact within five (5) days therefrom to theHonorable Court.
SIGNED this ____ day of ____________ in the City of Bacolod, Negros
Occidental, Philippines.
_________________
REPUBLIC OF THE PHILIPPINES)C I T Y O F B A C O L O D ) S.S.
x - - - - - - - - - - - - - - - - - - - - - - - x
SUBSCRIBED AND SWORN to before me, this _____ day of __________ in
the City of Bacolod, Philippines by the said affiant who exhibited to me his CTC No.
_____ issued on _____ at ______.
Doc. No. _____; Notary Public
Page No. _____;
Book No. _____;Series of _____.
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2. Answer
(just follow the heading and title of the case)
ANSWER WITH COUNTERCLAIM
DEFENDANT, by the undersigned counsel, in compliance with the Summons,
which she received last _____, before this HONORABLE COURT most respectfully files
her Answer, averring as follows:
The allegations in paragraphs 1 and 2 of the Complaint on the personal
circumstances of the parties are admitted;
(You have the option to deny the allegation for lack of information and belief as to the
truth of the averment)
The allegation in paragraph 3 of the Complaint is likewise admitted;
Defendant specifically denies the allegations in paragraph 4 and 5 of the
Complaint, the truth of the matter being that she had already remitted payments to the
plaintiff in the total amount of ___________, representing payment for her loan,
including interest. Photocopies of the Receipts dated ____________, are hereto attached
as Annexes 1, 2, 3, 4 and 5, and made integral parts hereof;
The allegation in paragraph 6 of the Complaint is likewise specifically
denied. Defendant has never received the referred demand letter. The signature appearing
on the Registry Return Card attached as Annex C to the Complaint does not belong to
the defendant;
Defendant further specifically denies the allegation in paragraph 7, 8 and 9
of the Complaint for the reasons mentioned in paragraphs 3 and 4 of the instant Answer.
Moreover, the alleged attorneys fees and other litigation expenses are to be borne solely
by the plaintiff on the ground that his case is baseless and unfounded.
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and by way of SPECIAL AND AFFIRMATIVE DEFENSES -
Defendant repleads and reiterates the material averments from paragraphs
to of the herein Answer that are relevant and material in the herein heading;
THE PLAINTIFF HAS NO CAUSE OF ACTION AGAINST THE
DEFENDANT;
Defendant had already fully paid her loan, including interest, to the
plaintiff as evidenced by the receipts herewith attached as Annexes 1, 2, 3, 4,
and 5;
In addition, the defendant has never received the plaintiffs demand letter.
Had she received the same, defendant would have produced and shown the
aforementioned receipts to the plaintiffs lawyer and the instant case would not have been
filed;
COUNTERCLAIM
Defendant repleads and reiterates the allegations in paragraphs to
of the herein ANSWER that are relevant and material in the herein heading;
Defendant was compelled to hire the services of counsel to defend the
instant case against the baseless and unfounded Complaint and was charged the amount
of _____, as attorneys fees plus appearance fee in the amount of ________, per hearing,
which amount should be chargeable to the plaintiff;
Defendant suffered sleepless nights, serious anxiety and besmirched
reputation entitling him from the plaintiff to moral damages in the amount of
__________;
To set an example to others so that other persons will not follow plaintiffs
wanton act of filing a baseless and unfounded suit, an exemplary damage in the amount
of __________, is chargeable to the plaintiff;
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PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
HONORABLE COURT that an ORDER be issued
DIRECTING for the DISMISSAL of the Complaint;
and on the COUNTERCLAIM
DIRECTING the plaintiff to pay defendant the amount of ___________, as
moral damages;
DIRECTING the plaintiff to pay defendant an exemplary damage in the
amount of __________;
DIRECTING the plaintiff to pay defendant attorneys fees in the amount of
___________, and appearance fee of ___________ per hearing;
Such other and further relief and remedies just and equitable under the
premises.
Bacolod City, Negros Occidental, Philippines, this 11th day of December 2006.
Counsel for the Defendant
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, _______, of legal age, Filipino, married and a resident of _______, under oath,
depose and say that:
1. I am the defendant in the above-entitled case;
2. I caused the preparation of the foregoing Answer with Counterclaim;
3. I read all the allegations thereof and that the same are true and correct on my
own personal knowledge and authentic records.
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SIGNED this ____ day of ____________ in the City of Bacolod, Negros
Occidental, Philippines.
_________________
REPUBLIC OF THE PHILIPPINES)C I T Y O F B A C O L O D ) S.S.
x - - - - - - - - - - - - - - - - - - - - - - - x
SUBSCRIBED AND SWORN to before me, this _____ day of __________ inthe City of Bacolod, Philippines by the said affiant who exhibited to me his CTC No.
_____ issued on _____ at ______.
Doc. No. _____; Notary Public
Page No. _____;
Book No. _____;Series of _____.
Copy furnished to:
Counsel for the plaintiff
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3. Complaint-Affidavit (criminal action)
COMPLAINT-AFFIDAVIT
I, ______________, of legal age, married and a resident of Bacolod City, Negros
Occidental, Philippines, under oath depose and say that:
1. I am a stockholder and treasurer of ___ Pawnshop and Jewelry, Inc., a
domestic corporation duly existing in accordance with Philippine laws, and with principal
office at _______ Bacolod City, Negros Occidental, Philippines and branches at ____;
2. Sometime in ___, _____ obtained several jewelry from __ Pawshop &
Jewelry, Inc. -____________ branch, using her open credit line and in payment of said
items, ____issued in my favor Prudential Bank Mandalagan Branch Check No. _____post-dated _____ in the amount of __________ at Bacolod City, Negros Occidental.
Photocopy of the said check is hereto attached as Annex A and made an integral part
hereof;
3. I deposited the above check the account of ___ Pawnshop and Jewelry, Inc. at
Rizal Commercial Bank Corporation at Rizal St., Bacolod City on _____ but said checkwas dishonored by the drawee-bank for the reason: ACCOUNT CLOSED. Photocopies
of the RCBC Debit Advice dated ___ and Prudential Bank Check Return Slip dated ___
are hereto attached as Annexes B and C and made integral parts hereof;
4. Immediately after the disputed check was returned to me, I informed____andverbally demanded that she make good the said check or to settle her obligation with ___
Pawnshop & Jewelry, Inc. but without any positive action from her;
5. Sometime in ____, I referred the said matter to my lawyer, ____ as it had
taken a long time already for___ to redeem her check or settle her account. Hence, mylawyer sent a final demand letter dated ____ to ____ for her to make good the subject
check or to settle her obligation with ___ Pawnshop & Jewelry, Inc. within five (5) days
from receipt thereof. The photocopy of the demand letter dated 15 August 2001 is heretoattached as Annex D and made an integral part hereof;
6. In spite of her receipt of the demand letter on ________, SARAH T.BENAVIDES obdurately and contumaciously refuses and totally failed to make good her
check or to pay her account with the ___ Pawnshop and Jewelry, Inc. in the amount of
___________;
7. As a result of ____ act of not making good the subject check or pay her
account with ____ Pawnshop and Jewelry Inc., ____ Pawnshop and Jewelry Inc. was
compelled to hire the services of counsel in the agreed sum of ____, which amountshould be charged against____;
8. This Affidavit is being executed to attest to the truth of the matters herein
stated and to support the filing of a criminal charge against ____ with address at________, Bacolod City, Negros Occidental for violation of Batas Pambansa Bilang 22
and/or such other crime as may be warranted under the circumstances.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ at Bacolod
City, Negros Occidental, Philippines.
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_________
Affiant
SUBSCRIBED AND SWORN to before me this ___ at Bacolod City, Negros
Occidental, Philippines. I certify that I have personally examined the affiant and I am
satisfied that she freely and voluntary executed the foregoing Affidavit-Complaint withfull knowledge of its contents.
Prosecutor
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4. Counter-Affidavit (criminal action)
COUNTER-AFFIDAVIT
I, ______________, of legal age, married and a resident of Bacolod City, Negros
Occidental, Philippines, under oath depose and say that:
1. I am the Respondent in I.S. No. ________, entitled: ____ Pawnshop and
Jewelry Inc. vs. ___________, for violation of B.P. 22, which is pending before the
Office of the City Prosecutor, Bacolod City;
2. I am denying the allegations in the Complaint-Affidavit dated ____ executed
by ________, the truth of the matter being as follows:
(provide your own version of the facts. Provide your defenses such as payment,
etc. or attack the elements of the offense like not all the elements of B.P 22 are present
etc.)
3. This Counter-Affidavit is being executed to attest to the truth of the foregoing
and constitutes my defense to the above-stated Complaint.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ at BacolodCity, Negros Occidental, Philippines.
________
Affiant
SUBSCRIBED AND SWORN to before me this ___ at Bacolod City, NegrosOccidental, Philippines. I certify that I have personally examined the affiant and I am
satisfied that she freely and voluntary executed the foregoing Counter-Affidavit with full
knowledge of its contents.
Prosecutor
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5. Information (BP22)
Republic of the PhilippinesOffice of the City Prosecutor
Bacolod City
People of the Philippines,
Complainant, Criminal Case No. ________
For: Violation of Batas Pambansa
- versus- Blg. 22
Juan de la Cruz,
Accused.
x - - - - - - - - - - - - - - - - - - - x
INFORMATION
The undersigned Assistant City Prosecutor accuses Juan de la Cruz of
VIOLATION OF BATAS PAMBANSA BLG. 22, committed as follows:
That on or about the 22nd
day of November 2007, in the City ofBacolod, Philippines, and within the jurisdiction of this Honorable Court,
the herein Accused, knowing fully well that her account with Prudential
Bank-Mandalagan Branch, Bacolod City, Negros Occidental, had been
closed, did, then and there, willfully, unlawfully, and feloniously make
out, issue and deliver to therein offended party, ____ Pawnshop and
Jewelry Inc., Prudential Bank-Mandalagan Branch Check No. _____ post-
dated __________ in the amount of ___________, in payment of a pre-
existing obligation from the herein offended party; that when said check
was presented to the drawee-bank for payment, the same was dishonored
and returned for reason of Account Closed, and herein accused, despite
notice of dishonor and demands made upon him failed and refused, andstill fails and refuses to redeem or make good the said check up to the
present.
Act contrary to law.
Bacolod City, Philippines, February 20, 2008.
Maria Santos
Prosecutor II
Approved:
Pedro Cruz
City Prosecutor
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Witnesses:
1. Mary Jane Abad
and others
Bail Recommended: P2,000.00Address of the Accused: ______
6. Information (Robbery)
Republic of the Philippines
REGIONAL TRIAL COURT OF NEGROS OCCIDENTAL
Sixth Judicial Region
Branch ___, Bacolod City
People of the Philippines,
Complainant, Criminal Case No. ________
For: Robbery (under Art. 294, par. 5
- versus- of the Revised Penal Code)
Juan de la Cruz and Pablo
Jose,
Accused.x - - - - - - - - - - - - - - - - - - - x
INFORMATION
The undersigned Assistant City Prosecutor accuses Juan de la Cruz of Robbery
under Art. 294, par. 5 of the Revised Penal Code in relation to R.A. 8369, committed as
follows:
That on or about the 22nd day of November 2007, in the City ofBacolod, Philippines, and within the jurisdiction of this Honorable Court,
the herein Accused, armed with icepicks, conspiring, confederating and
acting in concert, with intent to gain and with violence against and
intimidation of person, did then and there, willfully, unlawfully, and
feloniously take, rob and carry away one (1) ____ Nokia Cellphone valued
in the amount of ___________ , belonging to Mary Jane Abad, against the
latters will, to the damage and prejudice of said offended party in the
aforementioned amount.
Act contrary to law.
Bacolod City, Philippines, February 20, 2008.
Maria Santos
Prosecutor II
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Approved:
Pedro Cruz
City Prosecutor
Witnesses:
1. Mary Jane Abad - address
2. Jon Basa - address
3.
and others
I hereby certify that I am filing this case in accordance with Sec. 6 of Rule 112 of
the Revised Rules on Criminal Procedure because the Accused herein having been
lawfully arrested without a warrant of arrest did not ask for preliminary investigation nor
signed a waiver of the provisions of Art. 125 of the Revised Penal Code.
Maria Santos
SUBSCRIBED AND SWORN to before me this ____________ in the City of
Bacolod, Philippines.
PROSECUTOR
Received and filed this ______________.
________________
Bail Recommended: P100,000.00
Address of the Accused: ______
Presently detained at the lock-up cell of the
Bacolod City Police Office, Bacolod City
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6. Petitioner for declaration of nullity of marriage
Republic of the PhilippinesRegional Trial Court of Negros Occidental
6th Judicial RegionBranch ____, Bacolod City
__________________,
Petitioner,
- versus - CIVIL CASE NO. _______
For: Declaration of Nullity
of Marriage
__________________,Respondent.
X -----------------------------------------------------X
PETITION
PLAINTIFF, through the undersigned counsel, before this Honorable Court,
most respectfully states that:
Plaintiff is of legal age, Filipino, married and a resident of ___, Silay City,
Negros Occidental, Philippines, where she may be served with court orders and
processes;
Defendant is of legal age, Filipino, married and a resident of ____, where
he may be served with summons, court orders and processes;
The Plaintiff and the Defendant entered into a Contract of Marriage on 6
May 2004 at the San Antonio Abad Parish Church, General Lacson Ext., Bacolod City
and officiated by Rev. Fr. ____ The fact of their marriage is recorded in the Register of
Marriages of the Office of the City Civil Registrar of Bacolod City, under Registry No.
__. The certified machine copy of the parties Certificate of Marriage is hereto attached
as Annex A and made an integral part hereof;
Immediately after their marriage sometime last ____ the defendant who is
a seaman by trade left for his employment and was supposed to come home to the
plaintiff at the end of the term of his employment contract on ______________;
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However, the defendant never returned to the plaintiff. He finally called
the plaintiff last _____ confessing that he has another family in ______ and is compelled
to stay with them considering the threats against his life by the family of his first wife;
Despite her own anguish, the plaintiff managed to inquire with the
National Statistics Office and discovered that indeed, the defendant had contracted an
earlier marriage with a certain _____ in _______ last _______. The certified machine
copy of the said Certificate of Marriage is hereto attached as Annex B, and made an
integral part hereof;
In view of the foregoing, the plaintiff is compelled to file for the
declaration of nullity of her marriage with the defendant;
No child was born to the parties. Neither have the parties acquired any
conjugal property during their marriage;
To the best knowledge of the plaintiff, there are no creditors with claims
against the parties.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
HONORABLE COURT, that after due hearing, an order be issued:
Declaring the annulment of marriage between the Plaintiff and the
Defendant;
Directing the Local Civil Registrar of Bacolod City to cancel the Marriage
Contract under Registry No. ___ of the Plaintiff and the Defendant in its Register of
Marriages;
Allow the Plaintiff to resume the use of her maiden name,
_____________, and,
Such other relief and remedy as may be fair, just and equitable under the
premises.
Bacolod City, Philippines, this ____.
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Counsel for the Plaintiff
(Verification and Certification on Non-Forum Shopping)
Copy furnished to:
THE HON. SOLICITOR GENERAL
Office of the Solicitor General
134 Amorsolo St., Legaspi VillageMakati City, Metro Manila
Registry Rect No. ________;
Registered on ___________;
at the Bacolod City Post Office.
NATIONAL CENSUS AND STATISTICS OFFICE
East Avenue, Quezon City
Registry Rect No. ________;Registered on ___________;
at the Bacolod City Post Office.
OFFICE OF THE CITY CIVIL REGISTRAR
Bacolod CityReceived by: ___________
Date: _________________
OFFICE OF THE CITY PROSECUTOR
Bacolod City
Negros Occidental
Received by: ___________Date: _________________
EXPLANATION
(Pursuant to Sec. 11, Rule 13, of the 1997 Revised Rules of Civil Procedure)
This Honorable Court is respectfully informed that copies of the foregoing
Petition was served to the Honorable Solicitor General and the National Census andStatistics Office through registered mail, by posting the same at the Post Office as
indicated above. Personal service is not practicable considering the distance between the
offices of the addressee and the undersigned.
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Counsel for the Plaintiff
7. Petition for Adoption
Republic of the PhilippinesREGIONAL TRIAL COURT OF NEGROS OCCIDENTAL
6th Judicial Region
Branch ____, Bacolod City
IN THE MATTER OF THE ADOPTION OF SPEC. PROC. NO. ___________MINOR CHILDREN, NAMELY:
SPOUSES ____,
Petitioners.
x = = = = = = = = = = == = = = = = = = = = = =x
PETITION
PETITIONERS, through the undersigned counsel, before this HONORABLE
COURT most respectfully state that:
The PETITIONERS are husband and wife, both of age, and residents of
____. Photocopy of the Certificate of Marriage is hereto attached as ANNEX A and
made integral part of the herein PETITION;
PETITIONER ___ is a Belgian citizen having been granted by the Board of
Commissioners of the Bureau of Immigration an admission status of permanent resident
alien of the Republic of the Philippines as evidenced by his Certificate of Alien
Registration and Immigrant Certificate of Registration both issued by the Bureau of
Immigration. Photocopies of the Certificate of Alien Registration and Immigrant
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Certificate of Registration of ___ are hereto attached as ANNEXES B and C and
made integral part of the herein PETITION. PETITIONER ___ is a Filipino citizen by
birth. The PETITIONERS have decided to establish their family home in ___ and they
have been living thereon as husband and wife for ____ years;
The PETITIONERS have no legitimate children by their marriage or
descendants and hereby desire to jointly adopt two (2) abandoned minor children:
namely: _____________, 3 years old, legitimate child of Spouses ____________ and
_______________ and _______________, 2 years old, legitimate child of Spouses
___________ and ___________________;
Prior to this adoption proceedings, the above-named minor children were
abandoned by their respective parents and were taken care of and under the care and
custody of St. ___________ in Sum-ag, Bacolod City, Negros Occidental, Philippines,
and the whereabouts of their respective parents are unknown;
That the PETITIONERS are qualified to adopt the said minor children and
have sufficient income and properties to financially and morally bring up and educate
said minor children, properly and adequately;
Last ___, the _____________ signed ___________ and the custody and care
of the above-named minor children were released and transferred by __________ to the
herein PETITIONERS. As of the filing of the herein PETITION, the PETITIONERS
have been exercising parental custody to _______________ and ___________ and a pre-
adoption measure to ensure that the PETITIONERS are properly and adequately capable
of performing their obligations ad adopting parents to the aforementioned minor children;
WHEREFORE, premises considered, it is most respectfully prayed of this
HONORABLE COURT that upon due notice and hearing, judgment be entered
adjudging that the minor children, namely: _____________ and ____________________
be freed from all legal obligations of obedience and maintenance with respect to their
respective natural parents, and that they be declared to all legal intents and purposes, the
child of the herein PETITIONERS, and that their surname be changed to that of the
PETITIONERS.
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Such other and further relief and remedies just and equitable under the premises.
Bacolod City for Bago City, Philippines, this ____________.
Counsel for the Petitioners
(VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING)
Copy furnished:
THE SOLICITOR GENERAL
Office of the Solicitor General134 Amorosolo St., Legaspi Village
1229 Makati City
Date: _________________Registry Receipt No. __________/Bacolod City Post Office
THE NATIONAL CENSUS AND STATISTICS OFFICE
East Avenue, Quezon City
Date: _________________Registry Receipt No. __________/Bacolod City Post Office
OFFICE OF THE CITY CIVIL REGISTRAR
Bacolod City, Negros Occidental
By: _____________________
Date: ___________________
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENTBy: _____________________
Date: ___________________
EXPLANATION:
The foregoing PETITION is copy furnished to the Office of the Solicitor General
and the National Statistic Office via registered mail, instead of personal delivery, due to
the distance of the address of the addressee with that of the undersigned.
Counsel for the Petitioners
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8. Motion
(Case Title)
MOTION FOR POSTPONEMENT
The Plaintiff, though the undersigned counsel, before this Honorable Court, most
respectfully states that:
1. The above case is set for hearing on ____ at 8:30 in the morning;
2. However, the undersigned counsel is already scheduled to attend the pre-trial of
Civil Case No. ______ , entitled: ____ before the Regional Trial Court, Branch 48,
Bacolod City on the said date and time;
3. Considering the nature of the proceeding in Civil Case No. ___ and the fact that
it was set earlier than the hearing of the instant case, the plaintiff is constrained to request
for a resetting to such other dates most convenient with the Honorable Court, preferably
on the last week of April 2008;
4. This motion is not intended to delay the prompt disposition of the above case.
WHEREFORE, in view of the foregoing, the plaintiff most respectfully prays
that the hearing on ____ be moved to September 10, 2007 at 8:30 in the morning or to
another date most convenient with this Honorable Court, preferably on the last week of
April 2008.
Such other relief and remedies just and equitable in the premises are likewise
prayed for.
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Bacolod City for Sipalay City, Philippines, this 27th day of August 2007.
Counsel for the Plaintiff
THE CLERK OF COURT
MTCCSipalay City
Counsel for the Defendant
GREETINGS:
The Plaintiff is submitting the foregoing Motion for Postponement for theconsideration of the Honorable Court on ______ at 8:30 oclock in the morning, without
further oral argument and presence of counsel.
Counsel for the Plaintiff
Copy furnished to:
Counsel for the Defendant
AddressBy: ________________
Date: ______________
EXPLANATION:
The instant motion was filed with the Honorable Court via registered mail due to
distance, thus, making personal service impracticable.
Counsel for the Plaintiff
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9. Ex-Parte Motion
EX-PARTE MOTION TO SET THE CASE FOR PRE-TRIAL
PLAINTIFF, through the undersigned counsel, before this Honorable Court,
most respectfully states that:
The Defendant was served with Summons and a copy of the Complaint in
the above case on _____ but up to the filing of the instant motion, the defendant failed to
file her Answer despite the lapse of the reglementary period for filing thereof;
Section 1, Rule 18 of the 1997 Rules of Civil Procedure provides that after
the last pleading has been served and filed, it shall be the duty of the plaintiff to promptly
move ex-parte that the case be set for pre-trial.
WHEREFORE, premises considered, the plaintiff respectfully prays that the
above case be set for pre-trial on any date most convenient with the Honorable Court,
preferably on _____ at 8:30 oclock in the morning.
Bacolod City for Kabankalan City, Philippines, this ___.
Counsel for the Plaintiff
THE BRANCH CLERK OF COURT
RTC, Branch 61Kabankalan City
GREETINGS:
Please submit the foregoing Ex-Parte Motion to Set the Case for Pre-Trial
immediately upon receipt hereof.
Counsel for the Plaintiff
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EXPLANATION
The foregoing Ex-Parte Motion to Set the Case for Pre-Trial was filed before this
Honorable Court through registered mail due to distance.
Counsel for the Plaintiff
3. Complaint for ejectment
Republic of the Philippines
Municipal Trial Court
Hinigaran, Negros Occidental
_______________,
Plaintiff, Civil Case No. __________
For: Unlawful Detainer
- versus - Mediatable
__________________,
Defendants.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
COMPLAINT
COMES NOW PLAINTIFF, through the undersigned counsel, before this
HONORABLE COURT most respectfully states that:
PLAINTIFF is of legal age, Filipino, married and a resident of Bacolod
City, Negros Occidental, Philippines, where she may be served with pleadings, orders
and other processes of this Honorable Court;
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DEFENDANTS are all of legal age, Filipinos, married and residents of
Hinigaran, Negros Occidental, Philippines, where they may be served with summons and
a copy of the Complaint, court orders, and other processes;
The PLAINTIFF is the registered owner of a parcel of land located at
Hinigaran, Negros Occidental, Philippines, and more particularly described as follows:
(insert description of lot)
The photocopy of the Transfer Certificate Title No. T- ___ is hereto attached as
Annex A and made an integral part hereof;
The Defendants were allowed to build their houses on portions of the
above-described property by the plaintiffs late mother during her lifetime on the
condition that said that they would vacate the premises when the owner should demand
them to vacate;
Sometime in May 2006, the plaintiff informed the defendants that she now
need the property as she will be developing it to a beach resort;
The defendants openly objected to vacate the area and manifested to the
plaintiffs attorney-in-fact that they will only leave when there is a court order;
Consequently, plaintiff referred the matter to her undersigned counsel who
sent final demand letters to vacate dated June 16, 2006 to all the defendants by registered
mail. Defendants received the aforementioned demand on the same date, June 22, 2006.
The photocopies of the final demand letters to vacate dated June 16, 2006, Certification
dated 20 September 2006 issued by the Postmaster of Hinigaran, Negros Occidental, are
hereto attached as Annexes ______, respectively, and made integral parts hereof;
The period of fifteen (15) days from receipt of the demand within which
defendants are being demanded to vacate the portion of the subject property which they
are occupying has long lapsed, yet, the defendants continue to occupy the disputed
premises and obdurately and contumaciously refuse to vacate the same up to the filing of
the instant Complaint, to the great damage and prejudice of the plaintiff;
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The Plaintiff is entitled to the restitution of the premises and the sum justly
due to her as reasonable compensation for the use and occupation of the premises in the
amount of PESOS: ONE THOUSAND (P1,000.00), Philippine currency, per month
from each of the Defendant counted from June 22, 2006 when defendants occupation,
use and possession of the portion of plaintiffs property became unlawful up to the time
that Defendants, their family members, agents and cohorts vacate the premises;
Prior to the filing of the instant Complaint, the plaintiff referred the matter
to the Office of the Lupong Tagapamayapa of Barangay _____, Hinigaran, Negros
Occidental. No amicable settlement between the parties was reached, hence,
Lupon/Pangkat Chairman of Barangay ________, Hinigaran, Negros Occidental a
Certificate to File Action dated August 16, 2006, the photocopy of which is hereto
attached as Annex F and made an integral part hereof;
The instant controversy was filed by the Plaintiff within one (1) year from
the defendants receipt of plaintiffs final demand letter to vacate dated June 16, 2006.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court that judgment be rendered in favor of the plaintiff and against the
defendants-
DIRECTING the Defendants, their family members, agents and cohorts
to vacate the premises in dispute and to order the demolition of any structure or
improvements that they have built thereon;
DIRECTING each ofthe Defendants to pay to the Plaintiff the reasonable
compensation for their use of the property in the amount of PESOS: ONE THOUSAND
(P1,000.00), Philippine currency, per month counted from June 22, 2006 when
defendants occupation, use and possession of portions of plaintiffs property became
unlawful up to the time that Defendants, their family members, agents and cohorts vacate
the portion of the disputed premises which they respectively occupy;
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Such other and further relief and remedies just and equitable under the
premises are likewise prayed for.
Bacolod City for Hinigaran, Negros Occidental, Philippines, this 27th day of
October 2006.
Counsel for the Plaintiff
(With VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING by
plaintiff)
4. motion to quash
MOTION TO QUASH
COMES NOW the Accused, through the undersigned counsel, before this
Honorable Court, most respectfully states that:
The Accused has not yet been arraigned. Under Section 1, Rule 117 of the
Revised Rules of Criminal Procedure, at any time before entering his plea, the accused
may move to quash the complaint or information;
Accused is citing as grounds for the dismissal of the above complaint,
paragraphs (b) and (f) of Section 3, Rule 117 of Revised Rules of Criminal Procedure,
which state that:
Section 3. Grounds The accused may move to quash the
complaint or information on any of the following grounds:
(a) x x x x x
(b) That the court trying the case has no jurisdiction over theoffense charge or the person of the accused;
(c) x x x x x
(d) x x x x x
(e) x x x x x
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(f) That the criminal action or liability has been extinguished;
(g) x x x x x(h) x x x x x
ARGUMENTS AND DISCUSSION
The Accused is charged of the crime of Less Serious Physical Injuries (Under
Article 265, paragraph 1 of the Revised Penal Code) in relation to R.A. 8369. The
Amended Information dated July 1, 2002 in the above case states:
That on or about the 4th day of August 2001, in the City ofBacolod, Philippines, and within the jurisdiction of this Honorable Court,
the herein accused, without any justifiable case or motive, did, then and
there willfully, unlawfully and feloniously assault, attack and stab with a
bladed weapon one ____, thereby inflicting upon the person of the latterthe following wound, to wit:
- PERLA, EOM intact.- 12 cm. Incised wound left parieto-occipital area.
- 4 cm. Incised wound occipital area.
- 2 cm. Incised wound biceps.- 2 cm. Incised wound right paravertebral level T2.
- 3 cm. Incised wound PAL 4th I.C.S. left
which required medical attendance for a period of fifteen (15) days within
which to heal.
Act contrary to law.
The alleged crime took place sometime in 4 August 2001 but the Amended
Information dated 1 July 2002 was filed before this Honorable Court only on July 5, 2002
or about eleven (11) months after the alleged commission of the crime.
Article 90 of the Revised Penal Code provides that light offenses, which include
the crime of slight physical injuries, prescribe in two (2) months.
In addition thereto, Article 91 of the Revised Penal Code states that computation
of prescription of offenses is computed as follows:
The period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the authorities or
their agents, and shall be interrupted by the filing of the complaint orinformation, and shall commence to run against when such proceedings
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terminate without the accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable to him.
x x x x x
As the above Amended Information was filed after the lapse of the two (2)
months prescriptive period or about eleven (11) months after the alleged commission of
the crime, the criminal liability had already been extinguished.
Consequently, this Honorable Court, with all due respect, has no authority to
entertain the above-entitled case for it is barred by the statute of limitations.
A court can only acquire jurisdiction to try a criminal case upon compliance of the
requirements stated hereunder, as specified in the case of Jibin Arula vs. Brigadier
General Romeo C. Espino, et. al. (28 SCRA 540, 567), to wit:
To paraphrase: beyond the pale of disagreement is the legaltenet that a court acquires jurisdiction to try a criminal case only
when the following requisites concur: (1) the offense is one which the
court is by law authorized to take cognizance of, (2) the offense must
have been committed within its territorial jurisdiction, and (3) the
person charged with the offense must have been brought in to its
forum for trial, forcibly by warrant of arrest or upon his voluntary
submission to the court. x x x x x (Underline supplied for emphasis)
WHEREFORE, premises considered, the Accused respectfully prays that the
above criminal case be dismissed for having prescribed.
Such other relief and remedies are likewise prayed for.
Bacolod City , Negros Occidental this 10th day of October 2002.
Counsel for the Accused
THE BRANCH CLERK OF COURT
Branch III, MTCCHall of Justice
Gatuslao St., Bacolod City
THE HON. CITY PROSECUTOR
Office of the City Prosecutor
3rd Floor Hall of Justice
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Gatuslao St., Bacolod City
GREETINGS:
The Accused shall be submitting the instant Motion for Reconsideration for theconsideration and resolution of the Honorable Court on March 2, 2007 at 8:30 oclock in
the morning.
LEON G. MOYA, JR.
Copy furnished to:
THE HON. CITY PROSECUTOR
Office of the City Prosecutor
3rd Floor Hall of JusticeGatuslao St., Bacolod City
4. Info/estafa
INFORMATION
That on or about the ___________ and prior and subsequent
thereto, in the City of Bacolod, Philippines, and within the jurisdiction of
this Honorable Court, the herein accused, being then the owner of a (motorvehicle), and knowing fully well that he has previously sold it to
___________, did, then and there willfully, unlawfully and feloniously
enter into a contract of sale of said property for the amount of _________
with the herein offended party, __________, by falsely representing thathe still own the property and the said offended party relying on the
representations of the accused, willingly purchased the said property and
had already paid the total amount of ________ when he came to knowabout the said fact, to the damage and prejudice of the said offended party
in the total amount of __________.
Act contrary to law. (Bold highlight supplied.)
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