legal forms 2009 by theodore te

8/11/2019 Legal Forms 2009 by Theodore Te

1/83

ON WRITING, LEGALLY(2009 Revision)1

THEODORE O. TE2

Intended for Exclusive Use of the University of the Philippines College of LawBar Examination Candidates for 200 in the Professional Enhancement Program!Bar

"eview 200

#ny other use$ without permission of the author$ is prohi%ited and all legal rights arereserved&

1These forms were first made in 1997 and distributed n 199 for use in the !"#$%& 'ar Os for that ear* its

was former+ tit+ed ,"+eadin-s "etitions /otions and Other $e-a+ and udiia+ orms3. 4t was +ast revised inthis form 2007* the ontents are a+so ub+ished b 5D6sia as ,"hi+iine $e-a+ and udiia+ orms3 and

ori-ht is owned b the 6uthor. 6++ ri-hts are reserved..2 6ssistant "rofessor !niversit of the "hi+iines* ie "resident for $e-a+ 6ffairs !niversit of the

"hi+iines* ormer Diretor Offie of $e-a+ 6id* $+.'. !.". (1990)* &ratefu+ a8now+ed-ement is -iven to

6tt. e+i /arie /. &uerrero .D. !.". (200) for inva+uab+e assistane in re#formattin- roofreadin- andudatin- of +e-a+ referenes.


2/83

TABLE OF CONTENTS

'a%le of Contents ii(n )riting$ Legally vI& C(**(+ ,("*-

#& Caption and 'itle .B& Prayer .C& /urat .& 1erification 2E& Certification against ,orum -hopping 2,& Com%ined 1erification and Certification against ,orum -hopping 2& Com%ined 1erification$ Certification against ,orum -hopping$ and

-tatement of *aterial ates 34& "e5uest for and +otice of 4earing 3I& Proof of Personal -ervice 3

/& Proof of service %y registered mail 6with Explanation for failure to

serve personally7 89& Place$ date$ signature$ address$ "oll num%er$ IBP receipt num%er$P'" num%er 8

L& #c:nowledgement ;*& +otice of #ppeal ;

II& PLE#I+- #+ ('4E" LE#L (CU*E+'- I+ CI1IL P"(CEU"E#& Complaint 6and other initiatory pleadings7

.& Complaint for e3& Complaint for "eplevin ?8& Complaint to set period of years for lease

B& #nswer with affirmative defenses and counterclaims.& #nswer with compulsory counterclaim .02& #nswer with counterclaim and cross!claim .2

C& Pre!trial Brief .3& *otions

.& *otion to ismiss 6with "e5uest for and +otice of 4earing7 .;2& *otion for leave of court to file pleading 6with explanation for

service %y registered mail7 .=3& *otion for /udgment on the Pleadings .>8& Ex parte motion to set for trial .?;& *otion for postponement .

=& *otion for extension of time 20>& *otion to declare defendant in default 2.?& *otion to lift order in default 22

E& -pecial Civil #ctions1. Certiorari (with Injunction and/or TRO) !rohi"ition and

#anda$u%

a& Certiorari 23%& Prohi%ition 28c& *andamus 2;

2& @uo warranto$ Interpleader$ @uieting of 'itle$ and eclaratory"elief

a& Complaint in Interpleader 2=

ii


3/83

%& #ction to @uiet 6or "emove Cloud on7 'itle 2>c& #ction for eclaratory "elief 2?d& @uo )arranto 2

III& PLE#I+- #+ ('4E" LE#L ,("*- I+ C"I*I+#L P"(CEU"E

#& Complaint!#ffidavit and Counter!#ffidavit1. Complaint!#ffidavit 30

2. Counter!#ffidavit 3.B& Information and Complaint

.& Information 6with Certificate of Preliminary Investigation orIn5uest7a& Bigamy 33%& 'heft 38c& #ttempted "ape 3;d& ,rustrated *urder 3=

C& *otions

.& *otion to @uash Information 3>2& *otion to @uash -earch )arrant 3?3& *otion to -uppress Evidence 38& *otion for Bail 80

& #pplication for Bail 8.

I1& PLE#I+- #+ ('4E" LE#L (CU*E+'- C(**(+ '( CI1IL #+C"I*I+#L P"(CEU"E#& (ffer of Evidence and (ppositionAComment to (ffer

.& ,ormal (ffer of Evidence 822& CommentA(pposition to (ffer 83

B& emurrer to the Evidence.& Criminal cases 882& Civil cases 8;

C& +otice of Lis Pendens 8=& #ppearance as Counsel 8>E& )ithdrawal as Counsel

.& )ithdrawal with conformity of client 8?2& )ithdrawal without conformity of client 8?

,& -u%stitution of Counsel 8& +otice of #ppeal 8

1& PLE#I+- #+ LE#L (CU*E+'- (+ (*E-'IC C#-E- #+-PECI#L P"(CEEI+-#& Petition for 4a%eas Corpus ;0B& Petition for #doption ;.C& Petition for eclaration of +ullity of *arriage with #pplication for

Provisional (rders ;2& Petition for Pro%ate of 4olographic )ill ;8

1I& EE-$ C(+'"#C'- #+ ('4E" C("P("#'E LE#L (CU*E+'-#& -pecial Power of #ttorney ;;B& eneral Power of #ttorney ;;C& Contract of Lease ;=

& 4olographic )ill ;>

iii


4/83

E& +otarial )ill ;>,& #ttestation Clause for a +otarial )ill ;?& #c:nowledgement of a +otarial )ill ;?4& onation Inter 1ivos ;I& #c:nowledgment of +ominee -tatus with #ssignment of -hares =0

/& -ecretarys Certificate =.9& Board "esolutions

.& #uthority to #ct =.2& Increase in num%er of directors and necessary amendment to

the #rticles of Incorporation =.L& eed of #ssignment =2*& eed of -ale of "egistered Land 6unilateral7 =3+& eed of -ale of Unregistered Land 6unilateral7 =8(& eed of -ale with Pacto de "etro 6%ilateral7 =;P& eed of "epurchase of land sold under Pacto de "etro ==@& eed of -ale with *ortgage =>

"& acion en Pago 6eed of #ssignment of "eal Estate in paymentof de%t7 =?-& Chattel *ortgage =

1II& #PPE#L- #+ ('4E" "E-("'- '( #PPELL#'E C(U"'- I+ C"I*I+#L#+ CI1IL P"(CEU"E#& (rdinary #ppeals

.& in civil cases >0a& from *'C 6in original 0

B& Petitions for "eview

1. from "'C 6as appellate court7 or from 5uasi!.

2& from "'C 6on pure 5uestions of law7 or C# 6in appellate.

1III& ,("*- "ELE1#+' '( '4E )"I'- (, #*P#"( #+ 4#BE#- #'##& #mparo

B& 4a%eas ata

iv


5/83

ON WRITING, LEGALLY

Therefore, its name was called Babel,because there the Lord confused thelanguage of all the earth. Genesis, 11:9,ESV

4f brevit is the sou+ of wit what now is to beome of +awers (and +aw students) who

wou+d nonha+ant+ write a 100#a-e doument and dare a++ it a ,Brief3:

The traditiona+ notion of +e-a+ writin- is that it is a ometition to ut to-ether as

man four to five#s++ab+e words in a one#ara-rah sentene. The +an-ua-e of the +aw

mstifies and with this omes the ower of the +awer for the more obsure and obtuse; the

+an-ua-e the -reater the need for a +awer.

Histor has -iven us man +an-ua-e handias and obsta+es to +arit and reision.

Throu-hout four or five ears of +aw shoo+ the +aw student who eventua++ beomes a+awer is trained to thin8 in arhai words and hrases/ favorite and man of m students wi++ attest to this is the abso+ute+ arhai Comes Now, the Plaintiff,by the undersigned counsel, unto this onorable Court, res!ectfully states that" as art of ever +eadin-. =h

waste 1B words when F wi++ do thusG Plaintiff, by counsel, res!ectfully states that"#The +atter +oses none ofthe +e-a+ -ravitas but +oses ever bit of the arhai retense that mstifies the +aw and eretuates the notion that

+awers 8now what the are doin- eah and ever time.B

4t was ori-ina++ intended as a bar eAamination -uide and as a teahin- too+ for evidene and roedure+asses.

v


6/83

4t is hoed that the forms resented here with he8+istsFof +e-a+ reCuirements and

short annotations wi++ rovide the imetus for demstifin- +e-a+ writin- and +e-a+ draftin-.

These forms ome from atua+ forms used in the author@s ratie some from worth

oonents and sti++ some from traditiona+ form boo8s with udates to fit the urrent state of

the Ru+es.

=hi+e this handboo8 was rodued rimari+ with bar eAaminees and the +aw intern

or +aw student in mind it is hoed that it mi-ht rove he+fu+ as we++ when %etember ends 7

and +ife as a +awer be-ins in earnest.

Theodore O. Te

$rdFloor, %ue&on all '(outhwing),

*ni+ersity of the Phili!!ines, iliman, %ue&on City

F68now+ed-ment is -iven to Atty. Alex M. Enriquez,($+.'. !" 1990) for the ori-ina+ tem+ate of the5he8+ists whih have been udated to suit urrent ratie.7The referene is to the son- b &reen Da an 6merian un8 band entit+ed , -a.e Me *! -hen (e!tember

/nds3 whih has abso+ute+ nothin- to do with the bar or ta8in- the bar (as it refers to a death in the fami+)

eAet the month referred to in the tit+e and the earnin- eAressed to see the month end. 4t has at some oint

in time at+ beome an unoffiia+ anthem of sorts for some bar eAaminees /uh more at erhas than ,My-ay3 whih starts with 0nd now the end is near#3

vi


7/83

I. CO##ON FOR#S

6. Ca&tion and Tit'e

"epu%lic of the Philippines+ational Capital /udicial "egion

"EI(+#L '"I#L C(U"'

Branch .$ *anila

$Plaintiff$

!versus! Civil Case+o&

,or

$efendant&

x ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! x

B. !raer

P"#DE"

)4E"E,("E it is respectfully prayed$ after notice and hearing$ that the defendant %eordered to pay the plaintiff the amount of (ne *illion Pesos 6Php&.$000$0007 for actual andcompensatory damages$ ,ifty 'housand Pesos 6Php&;0$0007 for moral damages$ ,ifty

'housand Pesos 6Php&;0$0007 for exemplary damages$ and ,ifty 'housand Pesos6Php&;0$0007 for attorneys fees&

(ther &

.


8/83

D. *eri+ication

1E"I,IC#'I(+

"epu%lic of the Philippines 7City of 7 s&s&

C&9& 4ilfiger$ after having %een duly sworn in accordance with law$ deposes andstates that

1. 4e is the plaintiff in the pleadingAdocument entitled 6pleadingAdocument %eingverified7

2& 4e has caused its preparation3& 4e has read it and the allegations therein are true and correct of his own

:nowledge or %ased on authentic records&

6-gd&7 C&9& 4IL,IE"

!L,S-/urat

NOTE-Pleadings re5uired to %e verified.& #ll pleadings under the "ules of -ummary Procedure2& Complaints for

a& ,orci%le entry%& Unlawful detainerc& "eplevin

3& Complaints with application for in


9/83

&. Co$"ined *eri+ication Certi+ication aain%t Foru$ Sho&&in andState$ent o+ #ateria' ate%

1E"I,IC#'I(+ G CE"'I,IC#'I(+ ##I+-' ,("U* -4(PPI+

I$ C&9& 4ilfiger$ of legal age$ do here%y state that I am the Chief Executive (ffice of

#lis i!yan Company and in such capacity$ caused this Complaint to %e preparedF I havereceived a copy of the [Order/Resolution/Decision] of the Court on 13 April 200!I have readits contents and affirm that they are true and correct to the %est of my own personal:nowledgeF I here%y certify that there is no other case commenced or pending %efore anycourt involving the same parties and the same issue and that$ should I learn of such a case$I shall notify the court within five 6;7 days from my notice&

I+ )I'+E-- )4E"E(,$ I have signed this instrument on &

6-gd&7 C&9& 4IL,IE"!L,S-/urat

H. Re0ue%t +or and Notice o+ hearin

"E@UE-' ,(" G +('ICE (, 4E#"I+

'4E B"#+C4 CLE"9 (, C(U"'*etropolitan 'rial Court@ueHon City$ Branch 3

Please su%mit the foregoing *otion to the Court for its consideration and approvalimmediately upon receipt hereof and :indly include the same in the courts calendar forhearing on ,riday$ .3 #pril 200> at ?30 in the morning&

#''ICU- ,I+C4

. *oc:ingBird -treet'imog #venue$ @ueHon City

Please ta:e notice that counsel has re5uested to %e heard on ,riday$ .3 #pril 200> at?30 in the morning&

6-gd&7 *I'C4 *CEE"ECounsel for efendant

2 'he ,irmLaguna -treet$ @ueHon City

I. !roo+ o+ &er%ona' %erice

Copy furnished through personal service

#tty& *itch *ceereCounsel for the efendant2 'he ,irmLaguna -treet$ @ueHon City

3


10/83

. !roo+ o+ %erice " rei%tered $ai' (with E2&'anation +or +ai'ure to %ere&er%ona'')

Copy furnished through registered mail#tty& *itch *ceereCounsel for the efendant

2 'he ,irmLaguna -treet$ @ueHon City"egistry "eceipt +o& Post (ffice ate

EPL#+#'I(+

'he foregoing 6designation of pleading$ motion$ etc&7 and its attachment were servedon #tty& *itch *ceere %y registered mail instead of personal service as counsel forpetitioner only has one messenger and personal service would have resulted in the motionnot %eing filed on time to the detriment of petitioner&

6-gd&7 #''ICU- ,I+C4

"epu%lic of the Philippines 7City of 7 s&s&

#,,I#1I'

I$ 4#"PE" LEE$ a messenger of #tty& #tticus ,inch$ with office address at$ after %eing duly sworn$ deposes and states

'hat on $ I served a copy of the following pleadingsApapers %yregistered mail in accordance with -ection .0$ "ule .3 of the "ules of Court

+ature of PleadingAPaper

in Case +o& entitled %y depositing a copy in the postoffice in a sealed envelope$ plainly addressed to 6name of party or hisAher attorney7 at

with postage fully paid$ as evidenced %y "egistry "eceipt +o& attached and with instructions to the post master to return the mail tosender after ten 6.07 days if undelivered&

'( '4E '"U'4 (, '4E ,("E(I+$ I have signed this #ffidavit on .3 #pril 200>$ inthe City of *anila$ Philippines&

6-gd&7 4#"PE" LEE#ffiant

!L,S-/urat

3. !'ace date %inature addre%% Ro'' nu$"er IB! recei&t nu$"er !TRnu$"er #CLE Co$&'iance or E2e$&tion Nu$"er Contact etai'%

City of *anila$ .3 #pril 200>&

#tty& *itch *ceereCounsel for the efendant2 'he ,irm$ Laguna -treet$@ueHon City$ *etro *anila"#elephone$ %a&$ '(ail)"oll +o&IBP (" +o&$ date and place of issueP'" (" +o&$ date and place of issue*C+' Co(pliance/'&e(ption ,o-

8


11/83

$. Ac4now'ed$ent

"epu%lic of the Philippines 7City of *anila 7 s&s&

BE,("E *E$ this .3thday of #pril$ 200> in the City of *anila$ Philippines$ personally

appeared #''ICU- ,I+C4$ with J1alid Identification ocumentK 6rivers License +o& +2;!0>!00>>>>7 issued %y the Jofficial agencyK 6Land 'ransportation (ffice7 on .0 /anuary 200>$:nown to me to %e the same person who executed the foregoing instrument$ and whoac:nowledged to me that the same is his free act and deed&

I+ )I'+E-- )4E"E(,$ I have set my hand and affixed my +otarial seal on the day$year and place written&

6-gd&7 +& (& '#"I(+otary Pu%lic

Until P'" +o& Issued at

(n

oc& +o&Page +o&Boo: +o&-eries of 200>

NOTE- If the instrument consists of 2 or more pages$ include the following after the .st

paragraph

'his instrument$ consisting of pages$ including the page on which thisac:nowledgment is written$ has %een signed on the left margin of each and every pagethereof %y and his witnesses 6if any7$ and sealed with my +otarial seal&

NOTE- If the instrument conveys 2 or more parcels of land$ include the following after the .st

paragraph

'his instrument relates to the sale 6or mortgage7 of parcels of land$ and consistsof pages including the page on which this ac:nowledgment is written$ each and everypage of which$ on the left margin$ having %een signed %y and his witnesses 6ifany7$ and sealed with my +otarial seal&

#. Notice o+ A&&ea'

+('ICE (, #PPE#L

efendant$ #BC$ %y counsel$ respectfully appeals to this 4onora%le Court theecision of the lower court dated .3 #pril 200>$ a copy of which he received on 2= #pril200>&

@ueHon City$ 2 *ay 200>&



;


12/83

II. !LEAIN5S AN OT6ER LE5AL OC,#ENTS IN CI*IL !ROCE,RE

6. Co$&'aint (and other initiator &'eadin%)

1. Co$&'aint +or eject$ent with da$ae%

718 "egional 'rial Court+ational Capital /udicial "egion

*E'"(P(LI'#+ '"I#L C(U"'@ueHon City$ Branch 33

#LI- I!D#+ C(*P#+D$Plaintiff$

Civil Case +o& 2222! versus ! ,or E8 6-gd&7 #''ICU- ,I+C4Counsel for Plaintiff

J#ddressK

!L,S-

1. 7?8 1erification and Certification against ,orum -hopping2& /urat

=


13/83

2. Co$&'aint +or %u$ o+ $one

718 "epu%lic of the Philippines+ational Capital /udicial "egion

"EI(+#L '"I#L C(U"'Branch .0.$ *a:ati City

E-'# P#("#$Plaintiff$Civil Case +o& 000??2

! versus ! ,or -um of *oney

*#+# #+'-($efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'

PL#I+'I,,$ %y counsel$ respectfully states that

798 .& Plaintiff is a ,ilipino$ of legal age$ and resident of =>;0 ,or%es Par:$ *a:atiCityF defendant is also a ,ilipino$ of legal age and resident of =>;2$ ,or%es Par:$ *a:ati City$where he may %e served with summons and other processes&

7:8 2& -ometime in /anuary 200; and over a period of six 6=7 months$ defendant%orrowed certain amounts from plaintiff& efendant promised to pay these amounts on aninstallment %asis monthly& 'hese amounts now total +ine 4undred 'housand Pesos6P00$000&007&

7;8 3& espite repeated demands$ %oth oral and written$ defendant failed or hasrefused to pay any amount to plaintiff as no installment payment has even %een made& #copy each of plaintiffs two 627 demand letters is attached as #++E # and B&

8& "esort to the Barangay Conciliation process proved fruitless as defendant failed toappear$ despite notice on him to appear& 'hus$ a Certification to ,ile #ction$ a copy of whichis attached as #++E C$ was issued %y the Barangay Chairman&

;& efendants o%ligation is due and demanda%le and plaintiff is entitled to thepayment of the entire amount of +ine 4undred 'housand Pesos 6P00$000&007 plus legalinterest&

=& By reason of defendants unreasona%le failure or refusal to pay his due anddemanda%le o%ligation$ plaintiff was forced to engage the services of counsel to vindicatehis rights there%y committing himself to pay legal expenses amounting to ,ifty 'housandPesos 6P;0$000&007&

7


14/83

;. Co$&'aint +or Re&'ein


"EI(+#L '"I#L C(U"'Branch .0.$ *a:ati City

4U"'- "E+'!#!C#"$represented %y #9I+ +#D#+$

Plaintiff$Civil Case +o& 0000??

! versus !

D(9( +#$efendant&

x!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'

Plaintiff$ %y counsel$ respectfully states that

798 .& Plaintiff is the general manager of 4urts "ent!#!Car with offices at *a:ati CityFdefendant is a 'ongan$ temporarily residing at Bayview 4otel$ "oxas Boulevard$ *anila&

7:8 2& 4urts "ent!#!Car is the registered owner of a 4onda C"1 with license platenum%er L1!=>;$ which defendant$ on 3 *arch 200;$ rented from plaintiff for a period ofone 6.7 wee:&

7;8 3& (n .; *arch 200;$ plaintiff demanded from defendant the return of the car%ut defendant failed and refused to do so&

8& 'he car has not %een ta:en for a tax assessment or a fine pursuant to law nor has

it %een seiHed on execution or attachment& Its present value is approximately +ine 4undred'housand Pesos 6P00$000&007&

;& Plaintiff is ready$ willing and a%le to give %ond in defendants name in dou%le thevalue of the property for the return of the property to defendant should that %e ad


15/83

>. Co$&'aint to %et &eriod o+ ear% +or 'ea%e


"EI(+#L '"I#L C(U"'Branch .=.$ Pasig City

+#+ UUP#$Plaintiff$Civil Case +o& 00...

! versus !

+#P# P#UP#$efendant&

x !!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'


798 .& Plaintiff and efendant are %oth ,ilipino citiHens and of legal ageF plaintiffresides at .!#$ CruH -treet$ Pasig City while defendant resides at 2 ,risco -treet$ Pasig City$where he may %e served with summons&

7:8 2& (n . /anuary 2003$ defendant leased to plaintiff the premises at .!# CruH-treet$ Pasig City for a monthly rental of (ne 'housand Pesos 6P.$000&007 to %e paid withinthe first five 6;7 days of each month&

3& 'here is no fixed period for the lease agreement except that rentals are to %e paid%y the month&

7;8 8& Plaintiff has %een paying the rentals as they fall due each month$ without fail&4owever$ on 8 #pril 200=$ defendant gave notice to plaintiff that he is terminating the lease

agreement %y the end of #ugust 200=&

;& Considering that the period of lease has not %een fixed$ this 4onora%le Court mayfix a longer period of time as the lessee has %een occupying the place for a period of three637 years& # period of two 627 years is reasona%le considering that the lessee has no place totransfer to immediately and that he has introduced su%stantial improvements to thepremises amounting to ,ifty 'housand Pesos 6P;0$000&007&

7&

7>8 6-gd&7 #''ICU- ,I+C4Counsel for Plaintiff

J#ddressK

!L,S-7?8 1erification and Certification against ,orum -hopping


16/83

'. An%wer with a++ir$atie de+en%e and counterc'ai$1. An%wer with co$&u'%or counterc'ai$

718 "egional 'rial Court+ational Capital /udicial "egion*E'"(P(LI'#+ '"I#L C(U"'

Branch 33$ @ueHon City

#LI- I!D#+ C(*P#+D$Plaintiff$

Civil Case +o& 2222! versus ! ,or E


17/83

(ther 8 @ueHon CityF .3 #pril 200>&

7?8 6-gd&7 *I'C4 *CEE"ECounsel for efendant

J#ddressK

7@ 18 1E"I,IC#'I(+ G CE"'I,IC#'I(+ ##I+-' ,("U* -4(PPI+

I$ D(9( +#$ of legal age$ do here%y state that I am the defendant in the case filed%y #lis i!yan Company for e


18/83

2. An%wer with counterc'ai$ and cro%%Dc'ai$

See,orm +o& B!.$ supra$ %ut add!!

7& efendant reiterates$ repleads and incorporates %y reference all the foregoinginsofar as they are material and additionally su%mit that he is entitled to indemnity andAorcontri%ution from co!defendant *#+# #+'-( in the event that he is made lia%le toplaintiff %ecause co!defendant *#+# #+'-( acted as the duly authoriHed agent ofplaintiff in the sale of the property and$ acting as such$ received consideration$ in the form ofthe purchase price$ from defendant&

7=8 )4E"E,("E$ efendant respectfully prays that


19/83

5. !reDtria' Brie+


"EI(+#L '"I#L C(U"'Branch 0$ @ueHon City

L#9I-# L#D#)$Plaintiff$Civil Case +o& >!3.3.2

! versus !

L#9I-# 4I"#P$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

P"E!'"I#L B"IE,

E,E+#+'$ %y counsel$ respectfully su%mits her Pre!'rial Brief$ as follows

I& )ILLI++E-- '( E+'E" I+'( #+ #*IC#BLE -E''LE*E+'#+ P(--IBLE 'E"*- (, #+D -UC4 -E''LE*E+'

.&.& -u% and her reply to thedemand letter&

3&2& -u%


20/83

8&2& efendant su%mits that the following issues she put forward are su%&


J#ddressK

Copy furnished

#tty& *# B(L#Counsel for Plaintiff

.8


21/83

D. #otion%

1. #otion to di%$i%% (with re0ue%t +or and notice o+ hearin)

"epu%lic of the Philippines+ational Capital /udicial "egion*E'"(P(LI'#+ '"I#L C(U"'

Branch 3$ @ueHon City

L#9I #--E' C(*P#+D$Plaintiff$

Civil Case +o& 3333! versus ! ,or -um of *oney

#*I U'#+ C("P("#'I(+$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( I-*I--

E,E+#+'$ %y counsel$ respectfully moves to dismiss the Complaint on the groundthat the Complaint fails to state a cause of action as 718'4E (BLI#'I(+ -(U4' '( BEE+,("CE BD PL#I+'I,, I- +(' DE' UE #+ E*#+#BLE$ as shown %y the following

798 .& #llegedly$ plaintiff has failed to reach the 5uotas agreed upon under the*ar:eting #greement dated . /anuary 200=F defendant now see:s to collect the sum of ')(4U+"E '4(U-#+ PE-(- 6P200$000&007$ representing the %alance of the proceeds dueplaintiff under the said *ar:eting #greement&

2& 'he contract is for one 6.7 year and defendant is given that same period to reachthe 5uota specified thereinF the period of one 6.7 year has not expired& Conse5uently$plaintiffs claim is premature as there is yet no %reach of the *ar:eting #greement until theperiod expires and the 5uota is not attained& ,or this reason$ plaintiffs Complaint states no

cause of action and must %e dismissed&

7:8 )4E"E,("E$ defendant respectfully prays that the Complaint %e I-*I--E forfailure to state a cause of action&

(ther &


J#ddressK

7;8 "E@UE-' ,(" G +('ICE (, 4E#"I+

'4E B"#+C4 CLE"9 (, C(U"'*etropolitan 'rial CourtBranch 3$ @ueHon City

Please su%mit the foregoing *otion to the Court for its consideration and approvalimmediately upon receipt hereof and :indly include the same in the courts calendar forhearing on ,riday$ 2> #pril 200> at ?30 in the morning&

#''ICU- ,I+C4. *oc:ingBird -treet

'imog #venue$ @ueHon City

Please ta:e notice that counsel has re5uested to %e heard on ,riday$ 2> #pril 200> at?30 in the morning&



!L,S-7


22/83

2. #otion +or 'eae o+ court to +i'e &'eadin (with e2&'anation +or %erice" rei%tered $ai')

"epu%lic of the Philippines-UP"E*E C(U"'

*anila

L#9I U'#+$Petitioner$&"& +o&

! versus !

#*I LUP#$"espondent&

x !!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ ,(" LE#1E(, C(U"' '( ,ILE "EPLD )I'4

*('I(+ '( #*I' #''#C4E "EPLD

PE'I'I(+E"$ %y counsel$ respectfully states that

718 .& Petitioner received a copy of respondents Comment to his petition on 3/anuary 200=& 'he Comment contains several allegations of fact and misinterpretations ofthe record that may mislead the court and need to %e corrected& ,or this reason$ petitionerintends to file a "eply&

798 2& Under existing rules$ a "eply can no longer %e filed as a matter of course&Conse5uently$ petitioner see:s leave of this Court to file the said "eply$ a copy of which$pursuant to the .> "ules on Civil Procedure$ is attached to this motion&

7:8 )4E"E,("E$ petitioner respectfully prays that he %e granted leave of court tofile a "eply and for the Court to admit the attached "eply&

@ueHon City for *anilaF ; /anuary 200>&

6-gd&7 #''ICU- ,I+C4Counsel for the Petitioner

J#ddressK

!L,S-

1. 7;8"e5uest for and +otice of 4earing2. 7


23/83

;. #otion +or jud$ent on the &'eadin%



L#9I-# L#D#)$Plaintiff$

Civil Case +o& >!3.3.2! versus ! ,or -um of *oney


x !!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ ,(" /U*E+' (+ '4E PLE#I+-

Plaintiiff$ %y counsel$ respectfully states that

.& (n = /uly 200;$ plaintiff sued defendant for a sum of money in the amount of +ine4undred 'housand Pesos 6P00$000&007&

71 98 2& In his #nswer$ defendant admitted the o%ligation and merely stated thathe was as:ing to %e given an extension of time to pay his o%ligation %ut that plaintiff insteadfiled this Complaint& 'he #nswer admits the material allegations of the Complaint and hasnot tendered any issueF conse5uently$ a


24/83

>. E2 &arte $otion to %et +or &reDtria'



L#9I-# L#D#)$Plaintiff$

Civil Case +o& >!3.3.2! versus !


x !!!!!!!!!!!!!!!!!!!!!!!!! x

E P#"'E *('I(+ '( -E' C#-E ,(" P"E!'"I#L


718 .& (n . /une 200=$ defendant su%mitted her #nswer to the Complaint$ there%ycausing the issues to %e


25/83

B. #otion +or &o%t&one$ent



IL# '("D$Plaintiff$

Civil Case +o& 00??>>! versus !

P#-E+ -D(-($efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ ,(" P(-'P(+E*E+'


.& 'his case is set for trial on ; *ay 200> at ?30 in the morning&

718 2& (n said date and time$ the undersigned counsel will %e una%le to appear%efore this 4onora%le Court as he has also %een directed to appear on this date and time%efore the "egional 'rial Court of *a:ati City$ Branch .3 for NPeople of the Philippines v& Bil*o:oO$ Criminal Case +o& 00??$ where he is scheduled to terminate cross!examination ofthe prosecutions expert witness who will %e availa%le only on said date and time&

798 3& )ithout impugning the importance of these proceedings$ plaintiff respectfullysu%mits that his attendance in the *a:ati case %ecomes indispensa%leF otherwise$ theaccused in said case would %e deprived of the opportunity to confront and cross!examine avital witness against her&

8& 'his motion is prompted only %y the foregoing reason and not for delay&

7:8 )4E"E,("E$ plaintiff respectfully prays that the trial scheduled on ; *ay 200>%e P(-'P(+E to another date convenient to this 4onora%le Court&

@ueHon CityF .3 #pril 200>&

6-gd&7 *I'C4 *CEE"ECounsel for the Plaintiff

J#ddressK

!L,S-

1. 7;8 "e5uest for and +otice of 4earing2. 7


26/83


27/83

7. #otion to dec'are de+endant in de+au't



#+#9I+ -9D)#L9E"$Plaintiff$

Civil Case +o& 0000! versus !

P#*E #*I#L#$efendant&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( ECL#"E E,E+#+' I+ E,#UL'


.& Plaintiff filed this Complaint against defendant on . *arch 200>F summons wereserved on defendant on 20 *arch 200>$ as indicated %y the -heriffs "eturn of even date$ acopy of which is attached as #++E #&

71 98 2& efendants reglementary period to file #nswer ended on ; #pril 200>F nomotion for extension of such period was filed nor was any granted motu proprio %y this4onora%le Court& espite the lapse of time$ defendant has failed to answer the Complaintagainst herF plaintiff is entitled to a declaration of default and the right to present evidenceex parte against defendant&

7:8 )4E"E,("E$ plaintiff respectfully prays that defendant %e declared in defaultand that plaintiff %e allowed to present evidence ex parte %efore the Cler: of Court acting as

Commissioner&

@ueHon CityF > #pril 200>&

6-gd&7 #"'4 -II(U-Counsel for Plaintiff

J#ddressK

!L,S-

1. 7;8 "e5uest for and +otice of 4earing

2. 7


28/83

. #otion to 'i+t order o+ de+au't






x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( LI,' ("E" (, E,#UL'

E,E+#+'$ %y counsel$ respectfully states that

.& ,ive 6;7 days after service of summons and receipt of Complaint$ she filed a*otion to ismiss on the ground that plaintiffs claim is outside the $ was set for hearing on .0 #pril 200>$as indicated on the N"e5uest for and +otice of 4earingO&

2& )ithout waiting for the hearing on the *otion to ismiss$ this 4onora%le Courtdeclared defendant in default on > #pril 200> %ased solely on plaintiffs *otion$ filed two 627days after the supposed lapse of the reglementary period$ which$ however$ was tolled %y thefiling of a *otion to ismiss&

71 983& Under the circumstances$ the order of default is premature and withoutlegal and factual %asis as 6a7 defendant has not failed to file an #nswer within the

reglementary period$ 6%7 the reglementary period has not lapsed %ecause of the filing of the*otion to ismiss within the period$ and 6c7 the pendency of the *otion to ismiss ispre


29/83

E. S&ecia' Cii' Action%

1. Certiorari (with Injunction and/or TRO) !rohi"ition and #anda$u%a. Certiorari

6Caption and 'itle7

PE'I'I(+


798 .& 64tate capacity of petitioner and respondent/s$ citi5enship$ status andresidence&7

2& 64tate the date on 6hich copy of Decision 6as received and/or Resolution on*otion for Reconsideration$ if filed$ denied-7

7:8 3& 64tate riefly the facts and circu(stances under 6hich the respondent/se&ercisin 7udicial functions acted 6ithout$ or in e&cess of$ 7urisdiction or 6ith rave auseof discretion a(ountin to lac8 or e&cess of 7urisdiction-7

8& 64tate entitle(ent to In7unction and/or #RO$ i-e-$ [a] petitioner has a clear$ lealriht$ [] 6hich is threatened y an act or o(ission of respondents$ [c] and that$ unlessrestrained$ 6ill cause rave and irreparale in7ury to petitioner- Allee also that petitioner isready to post a ond in an a(ount to e fi&ed y the Court conditioned upon the pay(entto respondents of any da(aes suffered arisin fro( the 6rit should petitioner e found notto e entitled to the 6rit-7

;& 'here is no appeal from such decision or any plain or ade5uate speedy remedy inthe ordinary course of law$ except this petition&

=& # certified true copy 6or duplicate original copy7 of the ecision under review isattached as #++E #&

7;8 )4E"E,("E$ it is respectfully prayed that a writ of certiorari %e issued#++ULLI+ the 6act$ decision or finding7 for %eing in grave a%use of discretionF in theinterim$ that a preliminary in /uly 200>&


J#ddressK

!L,S- 7


30/83

b. !rohi"ition

6Caption and 'itle7

PE'I'I(+


798 .& 64tate capacity of petitioner and respondent/s$ citi5enship$ status andresidence&7

2& 6If applica%le$ state the date on 6hich copy of Decision 6as received and/orResolution on *otion for Reconsideration$ if filed$ denied-7

7:8 3& 64tate riefly the facts and circu(stances under 6hich the respondent/s6hether e&ercisin 7udicial or (inisterial functions acted 6ithout$ or in e&cess of$ 7urisdictionor 6ith rave ause of discretion a(ountin to lac8 or e&cess of 7urisdiction-7

8& 64tate entitle(ent to In7unction and/or #RO$ i-e-$ [a] petitioner has a clear$ leal

riht$ [] 6hich is threatened y an act or o(ission of respondents$ [c] and that$ unlessrestrained$ 6ill cause rave and irreparale in7ury to petitioner- Allee also that petitioner isready to post a ond in an a(ount to e fi&ed y the Court conditioned upon the pay(entto respondents of any da(aes suffered arisin fro( the 6rit should petitioner e found notto e entitled to the 6rit-7

;& 'here is no appeal from such decision or any plain or ade5uate speedy remedy inthe ordinary course of law$ except this petition&

=& # certified true copy 6or duplicate original copy7 of the ecision under review isattached as #++E #&

7;8 )4E"E,("E$ it is respectfully prayed that an in


31/83

. #anda$u%

6Caption and title7

PE'I'I(+


798 .& "4tate the capacity of petitioner and respondent/s and their addresses-7

7:8 2& 64tate the facts and circu(stances 6herey respondent/s unla6fullynelected the perfor(ance of an act 6hich the la6 specifically en7oins as a duty resultinfro( an office$ trust or station$ or unla6fully e&cluded the petitioner fro( the en7oy(ent of ariht or office to 6hich the petitioner is entitled&7

3& Petitioner has no appeal from such decision or any plain or ade5uate speedyremedy in the ordinary course of law$ except this petition&

7;8 )4E"E,("E$ it is respectfully prayed that$ after due notice and hearing$ a writ of

mandamus issue commanding respondentAs forthwith to 6state the act re9uired to e done7$with costs against them&

@ueHon CityF 718 > /uly 200>&


J#ddressK

!L,S- 7


32/83

9. uo warranto Inter&'eader uietin o+ Tit'e and ec'arator Re'ie+

a. Co$&'aint in Inter&'eader

+#LI LI'($Plaintiff$

-C# +o&

! versus !

U*# ##) and I+# ##)#+$efendants&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'


718 .& Plaintiff and defendants are all of legal ageF plaintiff resides at while defendants reside at and $ respectively$ where they may%e served with pertinent notices&

798 2& (n . /une 200>$ plaintiff found a old "olex (yster watch$ without :nowingwho its true owner is& 'he watch is now in plaintiffs possession& (n or a%out ; /une .$defendants made similar representations to plaintiff as to ownership of the watch&

3& Plaintiff$ who claims no interest in the watch$ cannot determine the conflictingclaims of defendants and thus see:s to compel defendants to interplead and litigate theirseveral claims %etween themselves&

7:8 )4E"E,("E$ it is respectfully prayed that this 4onora%le Court issue an orderdirecting defendants to interplead with one another to determine their respective rights andclaims and to allow plaintiff to recover his expenses for safe:eeping and the costs of thissuit$ as first lien upon the su7ect (atter of this action&

7;8 @ueHon CityF > /uly 200>&

7


33/83

b. Action to uiet (or Re$oe C'oud on) Tit'e

I+ "E @UIE'I+ (, 'I'LE (1E" '4EP"(PE"'D C(1E"E BD 'C' +(& .238;

-C# +o& .3;>+#LI LI'($ as -pecial #dministrator of the

Estate of the deceased #*I LUP#$Petitioner$

U*# ##)$"espondent&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

PE'I'I(+


718 .& 4e is the special administrator of the estate of the deceased #*I LUP#&

798 2& 'he deceased$ during his lifetime$ executed a eed of -ale of real estate infavor of the respondent dated $ and particularly descri%ed$ as follows

6escri%e property7

covered %y 'C' +o& .238; in the "egister of eeds of *a:ati& 'he same is annotated on thetitle as the only encum%rance thereon&

3& 'he sale is fictitious and the eed of -ale is forged$ as shown %y a /uly 200>&

7


34/83

. Action +or ec'arator Re'ie+

I+# #PI$Plaintiff$

! versus ! Civil Case +o& 28=?

'4E CI'D C(U+CIL(, @UEQ(+ CI'D$

efendant&x !!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(*PL#I+'


718 .& Plaintiff is a ,ilipino citiHen of legal age and resident of @ueHon CityFdefendant is the City Council of @ueHon City$ the duly!constituted legislative %ody for@ueHon City$ its mem%ers may %e served with notices at @ueHon City 4all&

798 2& (n . #ugust .$ defendant City Council passed (rdinance +o& 238; ma:ingit unlawful to operate cellular phone units while inside a moving vehicle and penaliHing anyviolations with a fine of P.$000&00 for each offense in addition to impounding of the cellularphone unit& 'he relevant portions of the (rdinance are$ as follows

6@uote the relevant portions7

3& 'he a%ove!5uoted portion is am%iguous %ecause it leaves unfettered discretion tothe authorities to stop even urgent and important calls which may %e made only while theperson is in transit& It fails to consider that$ due to the worsening traffic conditions in *etro*anila$ ma


35/83

d. uo Garranto

6Caption and title7

C(*PL#I+'


718 .& 64tate the capacity and address of oth plaintiff and defendant-7

798 2& 64tate fully and clearly the facts and circu(stances sho6in that defendant isunla6fully occupyin a pulic office and that plaintiff is entitled to hold the sa(e office-7

3& 64tate that plaintiff has de(anded that defendant vacate said office and deliver itto plaintiff ut that defendant has unla6fully refused to do so-)

7:8 )4E"E,("E$ plaintiff respectfully prays that a writ of 5uo warranto issue oustingand excluding defendant from occupying the office of and declare that plaintiffis entitled to the said office and that he %e placed forthwith in possession thereof&

7;8 @ueHon CityF > /uly 200>&

7


36/83

III. !LEAIN5S AN OT6ER LE5AL FOR#S IN CRI#INAL !ROCE,RE

6. Co$&'aintDA++idait and CounterDA++idait1. Co$&'aintDA++idait

"epu%lic of the Philippines 7City of *a:ati 7 s&s&

CO#!LAINTDAFFIA*IT

718 I$ #A SELAN$ of legal age$ ,ilipino$ 6ith assistance of counsel$and 798residentof 8 Privet rive$ 'riple 1illage$ *a:ati$ do here%y state under oath that

.& I am a mem%er of the 'riple 1illage 4omeowners #ssociation 6N#ssociationO7and was formerly a irector and Corporate -ecretary of the #ssociation&

7:8 2& I accuse and here%y charge #R. #A IN5AH$ residing at ; Privet rive$ 'riple 1illage$ *a:ati$ of violating #rticle 3;? of the "evised Penal Code 6-lander and (ralefamation7$ committed against me when he pu%licly$ maliciously and deli%erately uttereddefamatory remar:s against me during the Board *eeting of the #ssociation on 2> /anuary

200>& 'his is attested to %y the following exchange that transpired %etween *r& Ingay andthe other mem%ers of the Board in attendance

6@uote Exchange7

#ttached as ANNE Ais a copy of the official transcript of the meeting&

3& Prior resort to the Barangay conciliation system proved fruitless as *r& Ingay didnot retract his remar:s& Conse5uently$ a NCertification to ,ile #ctionO was issued %y theBarangay Chairperson$ a copy of which is attached as ANNE B&

8& 'here is no other person named N*a -elanO residing at 'riple 1illage nor is thereany other person named N*a -elanO who has acted as Board *em%er of the #ssociation&

Conse5uently$ *r& Ingays pu%lic and defamatory utterance was clearly a reference to meand to no other&

;& *r& *a Ingays remar:s$ calling me a swindler twice over$ uttered in a pu%licmeeting are clearly insulting and defamatory as they malign me and attri%ute to me acriminal act$ nature and predisposition& 'here is$ moreover$ no dou%t that *r& Ingays use ofthe word NswindledO was deli%erate as his explanation and clarification a few utterancesthereafter would show& *r& Ingays remar:s are also very serious as they cast aspersions onmy reputation$ character and very person %efore my peers and fellow homeowners&

=& *r& Ingays remar:s have in&

7;86-gd&7#A SELANComplainant!#ffiant

7


37/83

2. CounterDA++idait

"epu%lic of the Philippines 7City of *a:ati 7 s&s&

C(U+'E"!#,,I#1I'

"e I&-& +o& .=.3

718 I$ #A LABO of legal age$ 6ith assistance of counsel$do here%y state under oaththat

.& I am the Chief of -taff of the *ayor of @ueHon City$ and have %een occupying saidpost since his election to the post in .?& In said capacity$ I am in charge of coordinatingthe day!to!day affairs and activities of his (ffice&

798 2& I recently learned that I have %een made a respondent in I&-& +o& .=.3$ acharge for estafa$ filed %y a certain #A 5,LAN5on . /anuary 200> %efore the (ffice ofthe City Prosecutor for @ueHon City&

3& 'he charge is %ased on a supposedly unpaid account for the purchase of seven 6>7+extel phone units %y a *r& *#+# #+'-( of the @ueHon City "escue and Environmentalistress Unit$ which made the *ayor their 4onorary Chairman with no direct functionsF hehas %een supporting their activities financially with voluntary contri%utions&

7:8 8& 'here is no truth to the allegations in *# UL#+s complaint& 'here is nofactual nor legal %asis to charge me with estafa& 'he Complaint must %e dismissed& 'o re%utand contradict *# UL#+s malicious lies$ I set forth the true circumstances leading to thetransaction %elow

8&.& -ometime last year$ *s& ulang called the office of the *ayor$loo:ing for himF I informed her that he was not around& I too: a message fromher saying that she was a friend of the *ayor and that she was selling +extel

units and if we wanted to %uy units from her& I informed her that %oth the*ayor and I had our units alreadyF she then told me if the *ayor could referher to prospective clients& )hen the *ayor arrived$ I relayed the message tohim&

8&2& @uite coincidentally$ *r& antso had called the *ayor as:ing if hecould assist in securing +extel units& 'he *ayor as:ed me to call *s& ulang&*r& antso and *s& ulang were a%le to meet$ as a result&

8&3& (n that day$ *s& ulang %rought the units to the *ayors (fficeFshe met with *r& antso inside the *ayors office& 'hey transacted %usinessinside the *ayors (ffice and only passed %y my office on their way out&

8&8& -ome time after that$ *s& ulang phoned me and told me that *r&antso had not paid her the amount of P..$000&00 for the units& -omewhatem%arrassed %y this$ I called *r& antso and told him to pay *s& ulangF heassured me that he would pay her %ut that he


38/83

%enefited from the +extel units 6which *s& ulang does not even allege and cannot prove7Fany civil lia%ility should pertain to the (ffice of the *ayor$ not to me&

>& Considering the foregoing$ I respectfully su%mit that there is nopri(a facie%asisto conclude that the crime of Estafa or that any crime at all has %een committed& 'heComplaint against me should$ thus$ %e dismissed&

'( '4E '"U'4 (, '4E ,("E(I+$ I have signed this -tatement on 3 ,e%ruary200>&

7;8 6-gd&7 *# L#B(#ffiant

!L,S-

1. 7


39/83

'. In+or$ation and Co$&'aint1. In+or$ation (with Certi+icate o+ !re'i$inar Ine%tiation or In0ue%t)

a. Bia$

6Caption7

PE(PLE (, '4E P4ILIPPI+E-$Plaintiff$

Criminal Case +o& 00;=>! versus ! ,or Bigamy

PI 9U'I+$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

I+,("*#'I(+

'he Undersigned accuses PI 9U'I+ of the crime of Bigamy$ committed as follows

'hat on or a%out 3 /uly 200=$ in the City of @ueHon and within the


40/83

b. The+t

6Caption7


Criminal Case +o& 00;=>! versus ! ,or 'heft

9LEP'( *#+I#C$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! xI+,("*#'I(+

'he Undersigned accuses 9LEP'( *#+I#C of the crime of 'heft$ committed asfollows

'hat on or a%out 3 /uly 200=$ in the City of @ueHon andwithin the


41/83

. Atte$&ted Ra&e

6Caption7


Criminal Case +o& 00;=>! versus ! ,or #ttempted "ape

*#EL -I#$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

I+,("*#'I(+

'he undersigned accuses *#EL -I# of attempted rape committed as follows

'hat on or a%out = /une 200;$ in @ueHon City$ the accused did then andthere wilfully$ unlawfully and feloniously enter the house of -E9 -EE$ a

married woman$ and finding that her hus%and was away$ with lewd designsand %y means of force and intimidation$ commenced directly %y overt acts tocommit the crime of attempted rape upon her person$ to wit while -E9 -EEwas coo:ing lunch$ the accused seiHed her from %ehind$ threw her to the floor$raised her s:irt$ pulled down her underwear and attempted to penetrate herwith his sexual organ and would have succeeded in doing so had not her loudprotests and vigorous resistance %rought her neigh%ors to her assistance$causing the accused to flee from the premises without completing all the actsof execution&

C(+'"#"D '( L#) with the aggravating circumstance of dwelling&

ELLI(' +E--

#ssistant City Prosecutor

!L,S- Certification of Preliminary Investigation or In5uest

3;


42/83

d. Fru%trated #urder

6Caption7


Criminal Case +o& 00;=>! versus ! ,or ,rustrated *urder

*#*# *#'#D$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

I+,("*#'I(+

'he undersigned accuses *#*# *#'#D of frustrated murder committed as follows

'hat on or a%out 2. #ugust 200=$ in @ueHon City$ the accused did thenand there ta:e a loaded &88 Cali%er *agnum pistol$ directly aim the same

firearm at the person of 1IC 'I*#$ an invalid septuagenarian$ and$ at point%lan: range$ with intent to :ill$ discharge the firearm twice against the personof said 1ic 'ima$ inflicting on said 1ic 'ima two 627 wounds on his chest andstomach$ which wounds would have %een fatal had not timely medicalassistance %een rendered to the said 1ic 'ima&

C(+'"#"D '( L#) with the aggravating circumstances of EvidentPremeditation$ use of firearm and disregard of age&

6-gd&7 ELLI(' +E--#ssistant City Prosecutor

!L,S- Certification of Preliminary Investigation or In5uest

3=


43/83

C. #otion%

1. #otion to ua%h In+or$ation


"EI(+#L '"I#L C(U"'

Branch 0$ @ueHon CityPE(PLE (, '4E P4ILIPPI+E-$Plaintiff$

Criminal Case +o& 00;=>! versus ! ,or 'heft

9LEP'( *#+I#C$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( @U#-4

798'4E #CCU-E$ %y counsel$ respectfully moves to 5uash the Information for the

crime of theft on the following

7:8 "(U+-

.& I' C(+'#I+- #1E"*E+'- )4IC4$ I, '"UE$ )(UL C(+-'I'U'E # LE#L/U-'I,IC#'I(+F

2& '4I- C(U"' I- )I'4(U' /U"I-IC'I(+&

In support$ the accused respectfully states that

#"U*E+'

'he Information alleges that the accused 9LEP'( *#+I#C is eleven 6..7 years oldand without any :nown address& Under #rticle .2$ paragraph 3 of the "evised Penal Code$ aperson over nine years of age and under fifteen$ unless he acted with discernment$ isexempt from criminal lia%ility&

'here is no allegation that the accused acted with discernment& Even granting saiddiscernment$ the accused cannot %e tried %ut instead proceeded against under #rticle ?0 ofthe "evised Penal Code$ which provides that a minor$ unless sixteen years of age at the timeof the commission of a grave or less grave felony$ cannot %e tried %ut instead shall have the%enefit of a suspension of all proceedings against him& 'he duty of the court would %e tocommit the minor to the custody or care of a pu%lic or private %enevolent or charita%leinstitution for the care and education of homeless and delin5uent children or to the custodyof the epartment of -ocial )or: and evelopment&

7;8 )4E"E,("E$ it is respectfully prayed that the Information against the accused %e@U#-4E and that the accused %e released immediately from detention&

7 /uly 200>&

7=8 6-gd&7 *I'C4 *CEE"ECounsel for the #ccused

J#ddressK

!L,S-

1. 7>8 "e5uest for and +otice of 4earing

2. 7?8 Proof of -ervice

3>


44/83

2. #otion to ua%h Search Garrant

718 6Caption7PE(PLE (, '4E P4ILIPPI+E-$

Plaintiff$

! versus ! Criminal Case +o& 00022,or Li%el1I C4#+$

#ccused&x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( @U#-4 -E#"C4 )#""#+'

'he #CCU-E$ %y counsel$ respectfully moves for the 5uashal of -earch )arrant +o&..22 issued %y this 4onora%le Court on and dated .2 /uly 200= %ased on the followingconsiderations

798 .& "ule .2=$ -ec& .0 or the "evised "ules of Court provides expressly that a

search warrant shall %e valid for ten 6.07 days from its date and that thereafter$ it shall %evoid&

2& -earch )arrant +o& ..22 is dated .2 /uly 200=& It was served on the accused on23 /uly 200=$ the ..thday from its dateF this is certified to %y the -worn Inventory and"eturn executed %y *a


45/83

;. #otion to Su&&re%% Eidence

718 6Caption7


! versus ! Criminal Case +o& 00022,or Li%el

1I C4#+$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ '( -UPP"E-- E1IE+CE U+L#),ULLD -EIQE

'he #CCU-E$ %y counsel$ respectfully moves for the suppression of o%


46/83

>. #otion +or Bai'

718 6Caption7


Criminal Case +o& 00;=>! versus ! ,or *urder

+#9# PII'$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

*('I(+ ,(" B#IL

798'4E #CCU-E$ %y counsel$ respectfully moves to %e allowed %ail on the groundthat the 7:8 prosecutions evidence of his guilt is not strong& In support$ he respectfullysu%mits the following

.& 'he Information alleges that he raped the private complainant on 2; ecem%er200; at his residence in @ueHon City& 'he prosecutions own evidence$ however$ %elies thisallegation as 6a7 the medical certificate 6attached as #++E # to the Information7 statesthat private complainant is in a virgin state with no physical and outward signs of traumaF6%7 the medical certificate issued %y the +BI doctor 6attached as #++E B to theInformation7 after a physical examination of the accused$ two 627 days after the allegedrape$ shows that he is suffering from erectile dysfunction and has %een so afflicted for closeto five 6;7 years now and 6c7 the sworn statements of the private complainant conflict withand contradict each other such that her credi%ility must %e placed in dou%t&

2& ,or these reasons$ there is no %asis to conclude that the accused raped theprivate complainant as there is less than circumstantial evidence of this fact& 4e is$ thus$entitled to %ail as a matter of right&

)4E"E,("E$ it is respectfully prayed that the accused %e granted 6.7 a %ail hearing$during which the prosecution should %e directed to present its evidence to show thestrength of its evidence of the accuseds guilt$ and 627 thereafter$ grant the accusedreasona%le %ail&

(ther /uly 200>&

6-gd&7 *I'C4 *CEE"ECounsel for the #ccused

J#ddressK

!L,S- "e5uest for and +otice of 4earing

80


47/83

D. A&&'ication +or Bai'

718 6Caption7


! versus ! Criminal Case +o& ..8?>?

"ECD I1I-'$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

#PPLIC#'I(+ ,(" P"(B#'I(+

'4E #CCU-E$ %y counsel$ respectfully applies for pro%ation pursuant to theprovisions of Presidential ecree +o& =?$ as amended&

In support of this application$ the accused respectfully su%mits the following

.& #ccused!applicant is of legal age and currently gainfully employed at #-+Broadcasting Corporation located at 'imog #venue$ @ueHon City& (n 23 ,e%ruary 200>$ shepleaded NguiltyO to the offense charged hereinF conse5uently$ this 4onora%le Court in its(rder dated ? *arch 200> sentenced accused!applicant to an indeterminate penalty rangingfrom three 637 years to five 6;7 years ofprision correccional&

798 2& #ccused!applicant hum%ly su%mits that she possesses all the 5ualificationsand none of the dis5ualifications enumerated under section 2 of Presidential ecree +o&=?$ specifically

2&.& -he has not %een convicted of any crime against national securityor pu%lic orderF

2&2& -he has not %een previously convicted %y final


48/83

I*. !LEAIN5S AN OT6ER LE5AL OC,#ENTS CO##ON TO CI*IL ANCRI#INAL !ROCE,REA. O++er o+ Eidence and O&&o%ition/Co$$ent to O++er

1. For$a' O++er o+ Eidence

"epu%lic of the Philippines

+ational Capital /udicial "egion"EI(+#L '"I#L C(U"'Branch 0$ @ueHon City


Criminal Case +o& 0000..! versus !

"ECD I1I-'$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

,("*#L (,,E" (, E1IE+CE

'4E P"(-ECU'I(+$ %y the undersigned pu%lic and private prosecutors$ respectfullyoffer their documentary exhi%its in support of their case!in!chief

.& Exhi%it #$ the sworn statement of S#lang 9aso$ the private complainant$ andExhi%it #!.$ his signatureTto prove that on the date and time stated in the affidavit$ theaccused issued a post!dated chec: in the amount of (ne *illion Pesos 6P.$000$000&007which$ on presentment for payment$ was dishonored for lac: of insufficient fundsF to proveauthorship and the authenticity of the sworn statementF and as part of the testimony of theprivate complainant&

2& Exhi%it B$ the post!dated chec: dated 30 /une 2008$ issued %y the accused in theamount of (ne *illion Pesos 6P.$000$000&007F Exhi%it B!.$ the dorsal side of the chec: withnotation N#I,OF Exhi%it B!2$ the signature of accused on face of the chec:Tto prove theissuance of the chec:$ the amount stated$ the reason for dishonor and the identity of theissuer& 'he mar:ed copies of Exhi%its # and B are already part of the record&

)4E"E,("E$ the prosecution respectfully prays that the foregoing Exhi%its %e#*I''E as proof of the facts therein stated and in support of its case!in!chief and for allother relevant purposes&

@ueHon CityF > /uly 200>&

ELLI(' +E-- #''ICU- ,I+C4Pu%lic Prosecutor Private Prosecutor

Copy furnished

*I'C4 *CEE"ECounsel for #ccused

82


49/83

9. Co$$ent/O&&o%ition to O++er


Criminal Case +o& 0000..! versus !

"ECD I1I-'$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

C(**E+' (+ '4E P"(-ECU'I(+-,("*#L (,,E" (, E1IE+CE

'4E #CCU-E$ %y counsel$ respectfully oppose the Prosecutions (ffer of Evidencefor the following reasons

.& Exhi%it #$ the sworn statement of S#lang 9aso$ the private complainant$ andExhi%it #!.$ his signature are I+#*I--IBLE %ecause the private complainant was neverpresented to authenticate the document or su% /uly 200>&

6-gd&7 *I'C4 *CEE"ECounsel for the #ccused

J#ddressK

Copy furnished

ELLI(' +E--Pu%lic Prosecutor

#''ICU- ,I+C4Private Prosecutor

83


50/83

B. e$urrer to the Eidence1. Cri$ina' ca%e%

6Caption7

PE(PLE (, '4E P4ILIPPI+E-$

Plaintiff$ Criminal Case +o& 00>! versus ! ,or 1iolation of P .?==

#+#9I+ -9D)#L9E"$#ccused&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

E*U""E" '( '4E P"(-ECU'I(+- E1IE+CE

'4E #CCU-E$ %y counsel$ 6ith leave of court previously otained$ respectfullysu%mits this emurrer to the Prosecutions Evidence on the ground that the prosecution hasfailed to adduce sufficient evidence of his guilt to overcome the presumption of innocenceand shift the %urden of proof

.& Under the Constitution$ the accused is presumed to %e innocent until provenguilty& 'he effect of this presumption is that it entitles the accused to not say anything in hisdefense and places the %urden directly on the prosecution to prove everything relative to hisguilt& 'hus$ the prosecution must rely on the strength of its evidence and not wait for theaccused to offer any defense& It is only in the event that the prosecution$ after resting itscase$ has adduced sufficient evidence of guilt that the %urden of proof shifts to the accused&

2& 'he prosecution has failed to adduce sufficient evidence of guilt such as wouldshift the %urden of proof&

2&.& 'he accused is charged with violation of P .?==F the gravamenof the offense is unauthoriHed possession of a firearm& Concretely$ this meansthat the prosecution must prove that the accused had no legal authority topossess any firearm&

2&2& 'he prosecution has failed to show that the accused had nolicense to carry a firearm& 'he proof of the negative element is indispensa%leto proof of a violation of P .?==& )ithout proof of this negative element$ thecrime is not proven&

3& #%sent proof of the negative element$ i&e&$ a%sence of a license$ the offense is notproven& 'he accused is innocentF he must$ thus$ %e ac5uitted&

)4E"E,("E$ the accused respectfully prays that the Information against him %eI-*I--E and that he %e #C@UI''E of the crime charged&


#"'4 -II(U-Counsel for the #ccused

J#ddressK


88


51/83

9. Cii' ca%e%

6Caption7




x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

E*U""E" '( '4E E1IE+CE

E,E+#+'$ %y counsel$ 6ith leave of court previously souht and ranted$respectfully su%mits this emurrer to the Evidence %ecause plaintiff has failed to proveentitlement to his claims %y a preponderance of evidence

.& 'his action see:s to collect a sum of money arising from a contract&

2& Plaintiff$ after resting his case$ has failed to 6a7 prove the authenticity of thecontract$ 6%7 the extent of the o%ligation under the contract$ 6c7 the demanda%ility of theo%ligation under the contract and 6d7 defendants lia%ility for the o%ligation and damages&

3& Conse5uently$ plaintiff has failed to prove his claims %y a preponderance ofevidence and defendant is entitled to a dismissal of the Complaint against her&

)4E"E,("E$ defendant respectfully prays that the Complaint against her %eI-*I--E&


6-gd&7 (BI )#+ 9E+(BICounsel for efendant

J#ddressK


8;


52/83

5. Notice o+ Li% !enden%

"epu%lic of the Philippines8th/udicial "egion

"EI(+#L '"I#L C(U"'Branch >.$ #ntipolo

#*I LUP#$Plaintiff$Civil Case +o& 00>

! versus ! ,or "econveyance

#L#+ LUP#$efendant&

x !!!!!!!!!!!!!!!!!!!!!!! x

+('ICE (, LI- PE+E+-

'4E "EI-'E" (, EE-#ntipolo City$ "iHal Province

Please ta:e notice that a parcel of land covered %y 'C' +o .238 located in #ntipolo$"iHalF registered in the name of defendant is the su%


53/83

D. A&&earance a% Coun%e'

"epu%lic of the Philippines"EI(+#L '"I#L C(U"'

+ational Capital /udicial "egionBranch .0.$ @ueHon City

#+#9I+ -9D)#L9E"$Plaintiff$Civil Case +o& .3;>

! versus ! ,or Legal -eparation


x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

E+'"D (, #PPE#"#+CE

'4E B"#+C4 CLE"9 (, C(U"'"egional 'rial Court

Branch .0.$ @ueHon City

Please enter the appearance of the undersigned as counsel for defendant Padme#midala$ with her express conformity as indicated %elow$ in this case& 4enceforth :indlyaddress all pertinent notices to the undersigned at the address given %elow&

"E-PEC',ULLD -UB*I''E&


6-gd&7 (BI )#+ 9E+(BI+o& .$ ImHadi Place

'atooine$ Pasig City

)I'4 *D C(+,("*I'D

6-gd&7 P#*E #*I#L#

Copy furnished

#"'4 -II(U-

8>


54/83

E. Githdrawa' a% Coun%e'1. Githdrawa' a% Coun%e'

6Caption7

#+#9I+ -9D)#L9E"$

Plaintiff$ Civil Case +o& .3;>! versus ! ,or Legal -eparation


x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

)I'4"#)#L (, #PPE#"#+CE

'4E B"#+C4 CLE"9 (, C(U"'"egional 'rial CourtBranch .0.$ @ueHon City

Please ma:e of record the )I'4"#)#L of the undersigned as counsel for plaintiff#+#9I+ -9D)#L9E"$ with his express conformity as indicated %elow$ in this case&4enceforth :indly address all pertinent notices to plaintiff at his address given in theComplaint&



6-gd&7 *#CE )I+U. Imperial Palace$ Cloud City$ Pasig City

)I'4 *D C(+,("*I'D

6-gd&7 #+#9I+ -9D)#L9E"

9. Githdrawa' a% Coun%e' GIT6O,T con+or$it o+ c'ient

6Caption7


Civil Case +o& .3;>! versus ! ,or Legal -eparation


x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

)I'4"#)#L (, #PPE#"#+CE

'4E B"#+C4 CLE"9 (, C(U"'"egional 'rial CourtBranch .0.$ @ueHon City

Please ma:e of record the )I'4"#)#L of the undersigned as counsel for plaintiff#+#9I+ -9D)#L9E" due to irreconcilable professional differences with plaintiff, forwhich reason the express conformity of plaintiff cannot be obtained& 4enceforth

:indly address all pertinent notices to plaintiff at his address given in the Complaint&



6-gd&7 *#CE )I+U. Imperial Palace$ Cloud City$ Pasig City

8?


55/83

F. Su"%titution o+ Coun%e'

6Caption7


Civil Case +o& .3;>! versus ! ,or Legal -eparation


x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

-UB-'I'U'I(+ (, C(U+-EL

'4E U+E"-I+E respectfully enters his appearance as counsel for defendantPadme #midala in su%stitution of former counsel arth *aul$ as shown %y her expressconformity %elow& 4enceforth$ :indly address all pertinent notices to the undersigned at theaddress given %elow&



(BI )#+ 9E+(BICounsel for efendant

2 Corruscant Place'atooine "oad$ Pasig City

)I'4 *D C(+,("*I'D

6-gd&7 P#*E #*I#L#

&. Notice o+ A&&ea'


RE5IONAL TRIAL CO,RTBranch .$ *anila

'#L( +#+$Plaintiff$


P#+# L($efendant&

x!!!!!!!!!!!!!!!!!!!!!!!!! x

+('ICE (, #PPE#L

PL#I+'I,,$ %y counsel$ respectfully appeals to the Court of #ppeals the ecision ofthis 4onora%le Court dated = /uly 200=$ a copy of which he received on .= /uly 200=$ for%eing contrary to law and the evidence presented&

@ueHon City for *anilaF .> /uly 200=&

6-gd&7 #''ICU- ,I+C4Counsel for Plaintiff

J#ddressKCopy furnished

*I'C4 *CEE"ECounsel for efendant

8


56/83

*. !LEAIN5S AN LE5AL OC,#ENTS ON O#ESTIC CASES AN S!ECIAL!ROCEEIN5S

6. !etition +or 6a"ea% Cor&u%


"EI(+#L '"I#L C(U"'Branch ..$ *a:ati

I+ "E PE'I'I(+ ,(" 4#BE#-C("PU- (, '4E *I+("- LU9E#+ LEI# -9D)#L9E"

-P +o& ...338P#*E #*I#L#$

Petitioner&

#+#9I+ -9D)#L9E"$"espondent&

x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

PE'I'I(+


.& Petitioner is the mother of the minors Lu:e and Leia -:ywal:er$ who were %orn outof the valid marriage %etween petitioner and respondent #na:in -:ywal:er&

2& 'he marriage failed and petitioner has %een living separately from respondentsince 2008& -ometime in ,e%ruary 200>$ respondent$ un:nown to petitioner$ a%ducted theminor children and has :ept them incommunicado and out of petitioners reach&

3& Being %elow seven 6>7 years of age$ custody of the minors is naturally presumed

to %elong to petitioner$ as their mother& Conse5uently$ respondents refusal to allowpetitioner to regain custody over the minors is unlawful and un&

(BI )#+ 9E+(BICounsel for Petitioner

J#ddressK

!L,S- 1erification and Certification against ,orum -hopping

;0


57/83

B. !etition +or Ado&tion

I+ "E PE'I'I(+ ,(" #(P'I(+(, #+#9I+ -9D)#L9E"

-P +o& ...338#"'4 1#E" and P#*E #*I#L#$

Petitioners&x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

PE'I'I(+

PE'I'I(+E"-$ %y counsel$ respectfully state that

.& Petitioners are hus%and and wife$ %oth of legal age$ and residents of &

2& 'hey have no legitimate children of their own and desire to /uly 200>&

6-gd&7 *#-'E" D(#J#ddressK


;.


58/83

5. !etition +or ec'aration o+ Nu''it o+ #arriae with A&&'ication +or!roi%iona' Order%

JCaption and 'itleK


.& Petitioner is a ,ilipino citiHen$ of legal age and married to respondent& ,orpurposes of this petition$ she may %e served with notices and other pertinent processesthrough counsel at Jaddress of counselK&

2& "espondent is a ,ilipino citiHen$ of legal age$ currently employed at JstateemployerK and married to petitioner& 4e may %e served with summons and other pertinentorders and processes of this Court at Jstate addressK

3& Petitioner and respondent were married on JdateK and out of this marriage$ theyhave Jstate num%er of children$ respective agesK& # copy of the *arriage Contract executed%y petitioner and respondent is attached as ANNE AF a copy each of the %irth certificatesof the minor children is attached as ANNE B Cand $ respectively&

8& Petitioner and respondent are currently separated in fact and have %een so since*ay 200.& 'he reason for the continuing separation in fact is the %rea:down of themarriage due to %oth petitioners and respondents mutual psychological incapacity to fulfilland discharge their respective marital o%ligations to each other$ which existed at the time ofthe marriage in .? %ut manifested itself well into the marriage

;& 'he mutual psychological incapacity of the parties to remain married to eachother appears to %e incura%leF prior to this resort$ the parties had attempted formal andinformal counseling sessions all of which proved unproductive as respondent provedresistant and$ at times$ even hostile to these efforts&

=& In compliance with & Petitioners psychological incapacity is descri%ed in clinical terms as %eingconsistent with a 1=.&. Partner "elational Pro%lem and is said to have N*asochisticPersonality isorderO or N30.& Personality isorder +ot (therwise -pecifiedOF on the otherhand$ the assessment given %y the psychologist of respondents psychological ma:e!up isthat he has a N30.&20 -chiHoid Personality isorder with narcissistic featuresO which isdescri%ed as Ngrave$ incura%le and has antecedents&O 'he psychological ma:e!up ofpetitioner and respondent is explained in greater detail in the C'inica' A%%e%%$ent Re&ort6N"eportO7 dated 2? ecem%er 200=$ a copy of which is attached as ANNE E&

?& 'heir minor children are in petitioners custody and are %eing supported %y herfinancially and emotionally&

& Petitioner su%mits that$ despite the parties mutual psychological incapacity toremain married to each other$ the interests of the children are %est served %y having themremain in her custody$ with visitation rights extended to respondent& #ll of the children areminors and$ under the law$ children under seven 6>7 years of age shall not %e separatedfrom the mother$ save for exceptional circumstances which do not exist in this case&

.0& Petitioner cannot$ however$ provide for all the financial needs of the children asshe is only earning a limited amount of money from her wor: whereas respondent isgainfully employed and earns more than enough for his own personal needs& Petitionerearns only 6state amount7 from her wor: as shown %y her payslip attached as ANNE Fwhereas respondent earns 6state amount7 from his wor: as shown %y his payslip attached asANNE 5& 'he common property of petitioner and respondent is insufficient for the supportof the children& "espondent must$ thus$ %e directed to give support to his children in theamount of 6state amount7&

)4E"E,("E$ petitioner respectfully prays that P"(1I-I(+#L ("E"- for childcustody and child support %e issued giving to petitioner custody pendente liteover theirminor children and directing respondent to give monthly support in the amount of 6stateamount7$ su%


59/83

Petitioner also prays that$ after trial$


60/83

D. !etition +or !ro"ate o+ a 6o'ora&hic Gi''


"EI(+#L '"I#L C(U"'Branch 30$ -an /uan

"E P"(B#'E (, '4E 4(L("#P4IC)ILL (, P#BLI+ -I#&$

-P P"(C& +o& 0023P#LI+ 9E"#$

Petitioner$x !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! x

PE'I'I(+


.& Petitioner is a ,ilipino citiHen and the widow of the deceased&

2& (n .= #ugust 200=$ P#BLI+ -I# died$ having previously executed a holographicwill in his own handwriting and in a language :nown to him& # copy of the will is attached as#++E #& 'he handwriting may %e attested to as his %y his secretary of long standing$ '(*C"UQ&

2& 'he deceased left a house and lot located at +o& ;;;$ 'una "oad$ *arinara-u%division$ @ueHon City and cash amounting to ,ifty 'housand Pesos 6P;0$0007F he had node%ts&

3& 'he deceaseds only heirs are herein petitioner and their son$ P#BLI+ -I# /"&$%oth of whom are residing at +o& ;;;$ 'una "oad$ *arinara -u%division$ @ueHon City&

)4E"E,("E$ it is respectfully prayed that after due notice and pu%lication this4onora%le Court fix the date for the pro%ate of the holographic will and that letters ofadministration %e issued in favor of the herein petitioner and thereafter ad /uly 200>&

6-gd&7 *I'C4 *CEE"ECounsel for the Petitioner

J#ddressK


;8


61/83

*I. EES CONTRACTS AN OT6ER COR!ORATE LE5AL OC,#ENTS

6. S&ecia' !ower o+ Attorne

-PECI#L P()E" (, #''("+ED

9+() #LL *E+ BD '4E-E P"E-E+'-

I$ (BI )#+ 9E+(BI$ of legal age$ and resident of 'atooine$ do here%y name$constitute and appoint P#*E #*I#L#$ of legal age$ and resident of +a%oo$ to %e my trueand lawful #ttorney!in!,act and in my name$ place and stead$ do perform the followingspecific act6s7

6-pecify the particular actAs to %e performed7

iving and granting unto said attorney!in!fact power and authority to do every actnecessary and re5uired in connection with these presents$ and here%y ratifying andconfirming all that she may do %y virtue of these presents&

I+ )I'+E-- )4E"E(,$ I have signed this -pecial Power of #ttorney this > /uly 200>

at 'atooine&

6-gd&7 (BI )#+ 9E+(BIPrincipal

-I+E I+ '4E P"E-E+CE (,

6-gd&7 "22

6-gd&7 C3P(

#c:nowledgment

B. 5enera' !ower o+ Attorne

E+E"#L P()E" (, #''("+ED

9+() #LL *E+ BD '4E-E P"E-E+'-

I$ (BI )#+ 9E+(BI$ of legal age$ and resident of 'atooine$ do here%y name$constitute and appoint P#*E #*I#L# to %e my true and lawful attorney!in!fact$ for meand in my name$ place and stead$ to do and perform the following acts$ to wit

6-pecify general acts that #ttorney!in!,act may do7

iving and granting unto my said #ttorney!in!,act full power and authority necessaryand re5uired to carry out the acts as fully to all intents and purposes as I might do orlawfully do if personally present$ with power of su%stitution and revocation$ and here%yratifying and confirming all that my said attorney!in!fact or his su%stitute shall lawfully do orcause to %e done under and %y virtue of these presents&

I+ )I'+E-- )4E"E(,$ I have signed this instrument this > /uly 200> at 'atooine&

6-gd&7 (BI )#+ 9E+(BIPrincipal

-I+E I+ '4E P"E-E+CE (,

6-gd&7 "22

6-gd&7 C3P(

#c:nowledgment

;;


62/83

5. Contract o+ Lea%e

C(+'"#C' (, LE#-E

9+() #LL *E+ BD '4E-E P"E-E+'-

'his #greement made and entered into at *a:ati this >th

day of /uly 200> %y and%etween #*I B#4#D$ of legal age$ married to #-# )#$ 6LE--("7 and resident of *a:atiCity$ and #L#+ B#4#D$ of legal age$ single and resident of @ueHon City 6LE--EE7$)I'+E--E'4 that

.& In consideration of a monthly rental of ,I1E '4(U-#+ PE-(- 6P;$000&007 andthe covenants made %elow$ the LE--(" here%y LE#-E- to the LE--EE an apartmentlocated at . -an #ntonio 1illage$ *a:ati City covered %y 'ax eclaration +o& 00. 6*a:atiCity #ssessors (ffice7 for a period of ')EL1E 6.27 *(+'4- from signing of this contract&

2& 'he LE--EE covenants$ as follows

2&.& 'o pay the rentals on or %efore the fifth day of each month$

without need of demand at the residence of LE--("F

2&2& 'o :eep the premises in good and ha%ita%le condition$ ma:ing thenecessary repairs and painting inside and outside the houseF

2&3& +ot to ma:e ma&

;=


63/83

D. 6o'ora&hic Gi''

-an /uan$ *etro *anila> /uly 200>

I here%y execute this holographic will$ in my handwriting and in the English language

which I :now how to read and write$ %e5ueathing my house and lot located at +o& ;;;$ 'una"oad$ *arinara -u%division$ @ueHon City to my son$ P#BLI+ -I# /"&$ and cash amounting to,ifty 'housand Pesos 6P;0$0007 to my spouse$ P#LI+ 9E"#&

6-gd&7 P#BLI+ -I# -"&

E. Notaria' Gi''

L#-' )ILL #+ 'E-'#*E+'of

P#BLI+ -I#$ -"&

9+() #LL *E+ BD '4E-E P"E-E+'-

I$ P#BLI+ -I#$ -"&$ of legal age$ married to P#LI+ 9E"#$ a native of Lipa City$Batangas$ now actually residing at -an /uan$ *etro *anila$ %eing of sound and disposingmind and memory$ and not acting under influence$ violence$ fraud or intimidation ofwhatever :ind$ declare this to %e my Last )ill and 'estament which I have caused to %ewritten in English$ the language which is :nown to me& #nd I here%y declare that

I& 'he following are my children and their addressesF

6+ame of children and addresses7

II& I give and %e5ueath to my children $ $ and$ in e5ual shares$ the following properties$ real and personal$ whatsoever

and wheresoever located

6escription of property7

III& I designate as the sole executor of this Last )ill and'estament&

I+ )I'+E-- )4E"E(,$ I have set my hand this >thday of /uly 200> in -an /uan$ *etro*anila&

6-gd&7 P#BLI+ -I#$ -"&

;>


64/83

. Atte%tation C'au%e +or a Notaria' Gi''

#''E-'#'I(+ CL#U-E

)E$ the undersigned witnesses$ whose residences are stated opposite our respectivenames$ do here%y certify that the testator has pu%lished unto us the

foregoing will consisting of pages num%ered correlatively in letters on the upper part ofeach page$ as hisAher last will and testament and has signed the same and every pagethereof$ on the left margin$ in our thday of/uly$ 200>$ personally appeared

P#BLI+ -I#$ -"& 6'estator7$ with 1alid Identification ocument issued%y 6official agency7$ on = /uly 200=F

-#9-I . 6)itness7$ with 1alid Identification ocument issued %y6official agency7$ on = /uly 200=F

-#9-I 2 6)itness7$ with 1alid Identification ocument issued %y6official agency7$ on = /uly 200=F

-#9-I . 6)itness7$ with 1alid Identification ocument issued %y6official agency7$ on = /uly 200=F

all :nown to me to %e the same persons who signed the foregoing )ill$ the first as testatorand the last three as instrumental witnesses$ and they respectively ac:nowledged to methat they signed the same as their own free act and deed&

'his )ill consists of pages$ including the page in which this ac:nowledgment iswritten$ and has %een signed on the left margin of each and every page thereof %y thetestator and his witnesses and has %een sealed with my +otarial seal&

I+ )I'+E-- )4E"E(,$ I have set my hand the day$ year and place written&

6-gd&7 +& (& '#"I(+otary Pu%licUntil P'" +o& Issued at (n

oc& +o&Page +o&Boo: +o&-eries of 200>&

;?


65/83

6. onation Inter *io%

EE (, (+#'I(+

9+() #LL *E+ BD '4E-E P"E-E+'-

'his eed of onation$ made and executed %y L#LI* BUL-#$ of legal age$singleAmarried$ and resident of 6NonorO7 in favor of #*I U'#+$ of legalage$ singleAmarried and resident of 6N(+EEO7 )I'+E--E'4

'hat the (+(" is the owner of that certain real property with the %uildings andimprovements thereon$ situated in $ and more particularly descri%ed in(riginalA'ransfer Certificate of 'itle +o& of the land registry of $ as follows

6Copy description of property in title7

'hat for and in consideration of the love and affection which the (+(" has for the(+EE$ the said (+("$ %y these presents$ transfers and conveys$ %y way of donation$ untosaid (+EE$ hisAher heirs and assigns$ the a%ove descri%ed real property with all the%uildings and improvements thereon$ free from all liens and encum%rancesF

'hat the (+(" does here%y state$ for the purpose of giving full effect to thisdonation$ that heAshe has reserved for himselfAherself in full ownership sufficient property tosupport himAher in a manner appropriate to hisAher needsF

'hat the (+EE does here%y accept this donation of the a%ove!descri%ed property$and does here%y express gratitude for the :indness and li%erality of the (+("&

I+ )I'+E-- )4E"E(,$ the (+(" and the (+EE have signed this deed on > /uly200> and at @ueHon City$ Philippines&

L#LI* BUL-#onor

#CCEP'E

#*I U'#+onee

-I+E I+ '4E P"E-E+CE (,

6-gd&7 *I"(+ .

6-gd&7*I"(+ 2

!L,S- #c:nowledgment

;


66/83


67/83

. SecretarJ% Certi+icate

-EC"E'#"D- CE"'I,IC#'E

I$ E#++# '"(I$ of legal age$ with office address at $ on the %asis ofthe corporate records$ do here%y certify that under oath that

.& I am the Corporate -ecretary of E+'E"P"I-E 4(LI+- I+C& 6NcorporationO7$ acorporation duly organiHed and existing under Philippine laws$ with the same office addressgiven a%ove&

2& #t a meeting of the Board of irectors of the corporation held on $ atwhich meeting a 5uorum was present and o%tained throughout$ the following resolution6s7was 6were7 unanimously approved and adopted

"E-(L1E$ that &&&&&&&&&&&&&&&&&&&

3& 'he foregoing resolution has not %een revo:ed$ amended or in any mannermodified and accordingly$ the same may %e relied upon until a written notice to the contraryis issued %y the corporation&

I+ )I'+E-- )4E"E(,$ I have set my hand to this certification on at&

E#++# '"(ICorporate -ecretary

#''E-'E

/E#+!LUC PIC#"President

!L,S-/urat

3. Board Re%o'ution%1. Authorit to Act

Board "esolution +o&

"E-(L1E$ that *r& /ean!Luc Picard$ as Chairperson and ChiefExecutive (fficer of Enterprise 4oldings %e authoriHed$ as he is here%yauthoriHed$ to enter into any and all transactions with the representatives ofthe ,erengi 'rade ,ederation$ as may prove to %e %eneficial to thecorporation in his own opinion and determination&

#pproved and adopted this >thday of /uly$ 200> at *a:ati City$ Philippines&

6+ame of irectors7

2. Increa%e in nu$"er o+ director% and nece%%ar a$end$en

legal forms 2009 by theodore te

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