legalforms (1)

8/3/2019 legalforms (1)

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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


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)


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.


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


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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(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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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;


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.


THE CLERK OF COURT

MTCCSipalay City


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.


Copy furnished to:


AddressBy: ________________

Date: ______________

EXPLANATION:

The instant motion was filed with the Honorable Court via registered mail due to

distance, thus, making personal service impracticable.



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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 ___.


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.



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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.


3. Complaint for ejectment


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


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.


(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.


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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