Group 3 Legal Forms 1
Group 3 Legal Forms 1
Group 3 Legal Forms 1
MEMBERS:
Adap, Abdul Jabbar
Bajao, Michael
Bollozos, Honey
Danar, Jhon
Delima, Lalaine
Guian, Jeannette
Jaruda, Elinel
Lastimoso, Jared
Marfori, James
Perez, Rhino
Reyes, Arking
Samaco, Lea Aurora
Sia, Michael
Solde, Rona
Superable, Bianca
Tiu, Jewella
Villanueva, Iya
1.) Bar 2000
A. Your client comes to you complaining that a lessee of his building has refused to
vacate the leased premises despite expiration of the contract of lease which was not reneewed, and
despite demands to vacate. He asks you to initiate legal action. Prepare the necessary complaint.
(Do not use your own name in the pleading).
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
MANILA
A,
Plaintiff,
CIVIL CASE NO.
--- versus --- For: Unlawful Detainer
B,
Defendant.
x-------------------------------------------------------x
COMPLAINT
3. The said contract of lease expired on July 31, 2000, and has not been renewed.
4. Despite the expiration of the said contract of lease, B, has unlawfully failed and
refused to vacate the same despite demands of the plaintiff. A photocopy of the last
demand, dated August 5, 2000 and received by the defendant on the same date, or
more than five (5) days prior to the filing of his complaint in hereto attached as Annex
B and made integral part hereof.
5. Due to the defendants adamant refusal demand to vacate the leased premises,
plaintiff has been compelled to initiate the suit and to incur expenses in the amount of
P 50,000.00 aside from costs of suit.
6. Prior to the filing of this complaint, this dispute was brought to the lupon
tagapamayapa of Barangay _____________, where the leased premises is located, but
no settlement was arrived at, as evidenced by the Certification to File Action issued by
the Barangay Chairman, a copy of which is hereto attached as Annex C hereof.
Plaintiff prays for such other and further reliefs as may be just and equitable
under the premises.
ATTY. X
Counsel for the Plaintiff
Address:
IBP OR No. _____________, Manila
January 5, 2000
PTR No. _______________, Manila
January 5, 2000
A, after having been duly sworn in accordance with law, hereby deposes and
states:
1. That he is the plaintiff in the above-entitled case and has caused the foregoing
complaint to be prepared;
2. That he hereby certifies that he has not heretofore commenced any action or
filed any claim involving the same issues before any other court, tribunal or
quasi-judicial agency, that to the best of his knowledge, there is no such pending
action or claim, and that if he should hereafter learn that the same or similar
action has been filed or is pending, he shall report such fact within the five (5)
days therefrom to this Honorable Court.
X----------------------------------
x-------------------------------------------------------------------------------------------------------------x
INFORMATION
The undersigned Public Prosecutor for the City of Manila, hereby accuses of X of the
case of Rape committed as follows:
Contrary to law.
CERTIFICATION
This is to certify that a preliminary investigation has been conducted in the above-
entitled case, and that on the basis of the evidence presented there is reasonable ground to
believe that the offense charged has been committed and the accused is probably guilty
thereof.
A
SUBSCRIBED AND SWORN to before me this ____________ day of _____________,
2000, affiant exhibiting to me her Community Tax Certificate No. ______________________
issued at _____________ on __________________, 2000.
A. Draft a motion to disqualify the judge from hearing you client's case. (Do not use
or sign your real name).
SUGGESTED ANSWER:
A,
Plaintiff
B,
Defendant
x-----------------------------x
Defendant, by undersigned counsel, respectfully moves and prays that the Honorable
Presiding Judge of this Court be disqualified and/or inhibit himself from presiding over this
case, on the ground that Atty. Y, counsel of the Plaintiff herein, is his first cousin, a relative
within the fourth degree of consanguinity, which is a mandatory ground for
disqualification/inhibition pursuant to Sec. 1, Rule 137 of the Rules of Court.
Place, Date.
Atty. Z,
Counsel for Defendant
(IBP/PTR OR Nos. Place and date of issue)
B. Draft a motion for support pendente lite to be filed in your client's pending case in
the RTC of Pasay City. (Do not use or sign your real name).
SUGGESTED ANSWER:
HUSBAND,
Defendant
x--------------------------x
1. On 01 June 2001, Plaintiff filed the complaint in the above entitled case praying,
among others, that defendant be ordered to give plaintiff a monthly support.
2. As alleged in the complaint, defendant and plaintiff are husband and wife,
having been legally married on 08 December 1996 at the Our Lady of Sorrows
Church, Pasay City. A certified true copy of their marriage contract is hereto
attached as Annex A, hereof.
3. As also alleged in the complaint, defendant has abandoned the conjugal home
on 24 January 1998 without justifiable cause or reason, and since then
defendant has failed to give any support to the plaintiff.
4. The plaintiff is without any source of income as shown by her affidavit attached
hereto as Annex B hereof, whereas the defendant is a medical doctor actively
engaged in the practice of his profession with an average monthly income of
P80,000 more or less.
Place, Date
Atty.Z,
Counsel for Plaintiff
(IBP/PTR OR Nos. Place and Date of Issue)
SUGGESTED ANSWER:
AFFIDAVIT
2. I am a respondent in the complaint for the collection filed by Mr. Z before the
Lupong Tagapamayapa of Barangay X, Quezon City;
5. I have not agreed to the submission of the complaint of Mr. Z against me for
amicable settlement with the Lupong Tagapamayapa of Barangay X, Quezon
City;
6. This affidavit if being executed for the purpose of barring the proceedings in the
Lupong Tagapamayapa of the complaint filed against me by Mr. Z.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _____, 2001 in
Quezon City, Philippines.
____________________________
Affiant
(Jurat)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch 3, Manila
-versus-
PEDRO DE GUZMAN,
Defendant
x----------------------------------x
1. That defendant was served with summons and a copy of the complaint on
September 19, 2002 and, consequently, has only up to October 4, 2002 within
which to file an Answer;
2. That the undersigned counsel has started to prepare the Answer but,
unfortunately, due to pressure of work in attending to other equally
important cases; he will need additional time, of 15 days from October 4,
2002, to complete and file the same;
3. That, his motion is being filed solely for the foregoing reason and not for
purposes of delay.
SUGGESTED ANSWER:
JOSE MALINLANG,
Accused,
x----------------------------------------x
ENTRY OF APPEARANCE
Henceforth, kindly furnish undersigned with copies of all pleadings and orders
at his address given below.
PEDRO CRUZ
Counsel for the Complainant
Address
PTR & IBP OR Nos.
MCLE Compliance No.
Conforme:
JOYCE MAPAGBIGAY
Complainant
Atty. _____________
Counsel for the Accused
Address
C. Prepare a motion to dismiss an action for sum of money in the RTC, Branch 1,
Quezon City, on the ground of improper venue. Supply the other hypothetical facts and use Pedro
Cruz as your name.
SUGGESTED ANSWER:
PEDRO PATERNO,
Defendant,
x----------------------------------------x
MOTION TO DISMISS
ARGUMENT:
The Rules of Court provide that a complaint in a civil case cognizable by the
Regional Trial Court should be filed in the RTC of the place where the plaintiff or the
defendant resides, at the option of the plaintiff. The complaint in the above-entitled
case expressly alleges that the plaintiff is a resident of Makati City while the defendant
is a resident of Caloocan City. Hence, venue has been improperly laid.
PEDRO CRUZ
Counsel for the Defendant
Address
(PTR & IBP OR Nos.)
MCLE No.
Copy furnished:
Sir:
Please be notified that on October 11, 2002, at 8:30 a.m. or as soon thereafter as
the matter may be heard, the undersigned counsel will submit the foregoing motion to
the Honorable Court for its consideration and resolution.
PEDRO CRUZ
A. Seven years ago today, the Paramount Bank, doing business in 777 Ayala Avenue,
Makati City, granted Juan Reyes, a resident of 888 Kamias, Quezon City, a P1,000,000 loan, with
14% interest per annum, secured by a real estate mortgage over a property located in Cavite City.
The full amount plus the interest due, was payable on the fifth anniversary of the loan. The above
stipulations were contained in a well-documented and duly executed agreement. Despite demands,
Juan Reyes refused to settle the loan obligation. The bank opted to file a simple complaint for sum
of money.
SUGGESTED ANSWER
Paramount Bank,
Plaintiff
- versus - CIVIL CASE NO._________________
Juan Reyes,
Defendant
X_____________________________x
COMPLAINT
PLAINTIFF, by undersigned counsel, to this Honorable Court, respectfully alleges that:
1. Plaintiff is a banking corporation organized and existing under the laws of the Phillipines,
with principal office at 777 Ayala Avenue, Makati City, while defendant is of legal age of 888,
Kamias St. , Quezon City, where he may be served with summons;
2. On September 28, 1996, defendant borrowed from the plaintiff the amount of P
1,000,000.00, subject to the interest of 14% per annum, payable on the fifth anniversary of the
loan and secured by a real estate mortgage over a parcel of land located in Cavite City, as
evidenced by an agreement executed on the same date, a copy of which is hereto attached as
annex A hereof;
3. Defendant failed to pay the said loan and interests thereon on the due date thereof, and
continues to fail to pay the same until the present, despite demands of the plaintiff;
4. Due to defendants unjustified failure to comply with the plaintiffs plainly just and valid
claim, plaintiff was compelled to initiate this action and to retain the service of the
undersigned counsel and to incur expenses in the amount of P 100,000.00 as and by way of
attorneys fees.
WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered
ordering the defendant to pay the plaintiff the amount of P 1,000,000.00 with interest thereon
at the rate of 14% per annum from September 28, 1996 until fully paid, plus the amount of
P100,000.00 for and as attorneys fees.
Plaintiff prays for such other and further reliefs as may be just or equitable under the
premises.
Makati City, September 28, 2003.
(Sgd.)
Counsel for the Plaintiff
(Address)
PTR O.R. No:__________, Makati City, Jan. 3, 2003
IBP O.R. No:__________, Makati Cit, Jan. 20, 2003
Attorneys Roll No.____________,( date)
CERTIFICATION AGAINST FORUM SHOPPING
I, A.B., do hereby certify that I am the President of the Paramount Bank, plaintiff in the
above entitled case; that I have been duly authorized by the Board of Directors of the said
bank to execute this Certificate against Forum Shopping, as evidenced by the Secretarys
Certificate of Board Resolution hereto attached as Annex B hereof; that the plaintiff has not
filed any other case in any other court or administrative tribunal involving the same cause of
action; that I am not aware of any pending case involving the same cause; and that should I
hereafter acquire knowledge of such other action, I will notify this Honorable Court thereof
within five(5) days from acquiring such knowledge.
Makati City, September 28, 2003.
A.B.
SUBSCRIBED AND SWORN to before me this 28th day of September. The affiant exhibiting
to me his Community Tax Certificate No. 12345 issued at Makati City, on January 31, 2003.
NOTARY PUBLIC
Until December 31, 2003
Doc. No. __________;
Page No.__________;
Book No.__________;
Series of 2003
B. Six-year old Maria informed her mother Divina that on 02 June 2003, her father
entered her bedroom and inserted his middle finger in her vagina. Maria later underwent a medical
examination. The medical findings revealed that she had fresh slight lacerations. You are the
prosecutor; prepare an information for the crime committed. Prepare the complaint indicating the
court which has proper jurisdiction.
_____________,
Accused
X_____________________________x
INFORMATION
The undersigned City Prosecutor hereby accuses _______________ of the crime of Rape
committed as follows:
That on or about June 2, 2003, at about_________p.m. , in_______________ and within the
jurisdiction of this Honorable Court, the said accused did then and there willfully, unlawfully
and feloniously, through force and intimidation, inserted the middle finger of his right hand in
the genital organ of Divina_________, who is his own daughter and is only six years of age.
CONTRARY TO LAW
Manila, September 28, 2003
CITY PROSECUTOR
City of Manila
CERTIFICATION
I hereby certify that a preliminary investigation was conducted in the above entitiled case, and
there is a prima facie evidence that the crime of Qualified Rape has been committed and that
the accused is probably guilty thereof.
CITY PROSECUTOR
Bail Recommended: None
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDFICIAL REGION
CIY OF MANDALUYONG
INFORMATION
THE UNDERSIGNED Assistant City Prosecutor accuses JUDE ESPINA of the crime
of HOMICIDE, committed as follows:
That on or about the 4th day of April 2004, in the City of Mandaluyong, Philippines, a
place within the jurisdiction of this Honorable Court, the above-named accused, armed with a
bladed weapon with intent to kill, did then and there wilfully, unlawfully and feloniously
attack, assault and stab one JOSEPH TOLEDO y PABLICO, thereby inflicting upon him a
fatal wound which directly caused his death.
CONTRARY TO LAW.
City of Mandaluyong, 26 September 2004.
ASST. City Prosecutor
IBP No. 7654321 dated May 28, 2004.
I HEREBY CERTIFY that I have conducted a preliminary investigation of the case;
that the accused was informed of the complainant and of the evidence submitted against him;
that he was given an opportunity to submit controverting evidence; that based on the evidence
on record, there is reasonable ground to believe that the crime has been committed; and that
the accused is probably guilty thereof.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA )S.S.
x--------------------------------------x
ACKNOWLEDGMENT
IN THE CITY OF MANILA, Philippines, this 26th day of September, 2014, personally
appeared before me Mr. Juan dela Cruz, with Community Tax Certificate No. 123456 issued
at Manila on January 31, 2004, and Miss Evangeline Adan, with Community Tax Certificate
No. 78910 issued at Baguio City on February 5, 2004, both of whom are known to me and to
me known to be the same persons who executed and foregoing instrument, and they
acknowledged to me that the same is their free and voluntary act and deed.
I further certify that the foregoing instrument is a deed of absolute sale of a parcel of
registered land located in the District of Singalong, Manila and consists of four (4) pages,
including this page on which this Acknowledgment is written, and signed on each and every
page by the said parties and their instrumental witnesses.
IN WITNESS WHEREOF, I have hereunto signed and affixed my notarial seal at the
date and on the place first above mentioned.
JORGE BATUNGBACAL
Notary Public
Until December 31, 2004
Doc. No. _______
Page No. _______
Book No. _______
Series of 2004
SUGGESTED ANSWER:
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, Pedro Reyes, of legal age and a resident of Manila, Philippines after having been
duly sworn, hereby dispose and state:
That I am the plaintiff in the above-entitled case; that I have caused the foregoing
Complaint to be prepared; that I have read the same, and the allegations therein contained
are true of my own personal knowledge or based on authentic documents.
That I further certify that I have not heretofore commenced any action or filed any
claim involving the same issues in any court, tribunal or quasi-judicial agency and to the best
of my knowledge, no such action or claim is pending therein, and if I should thereafter learn
that the same or similar action or claim has been filed or pending, I will report that fact within
five (5) days therefrom to this Honorable Court.
SUGGESTED ANSWER:
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residence addresses are stated after our
names, do hereby certify that the testator Alexander Magno has on this date published to us
the foregoing instrument, consisting of four (4) pages, including this page, numbered,
correlatively in letters at the top of each page, as his Last Will and Testament, and he signed
the same at the end and on every page thereof, and we, in turn, at his request, signed the same
and every page thereof in the presence of the said testator and of each other.
We further certify that his Attestation Clause is in English, a language known to us.
Signatures Addresses
JOSE MERCADO Manila, Philippines
GREGORIO LUNA Manila, Philippines
PERFECTO SOLIS Manila, Philippines
B. Gerry Cruz is the owner of a 1000-square meter lot covered by TCT No. 12345
located in Sampaloc, Metro Manila. Gerry decided to sell the property but did not have time to look
for a buyer. He then designated his brother, Jon, to look for a buyer and negotiate the sale. Jon met
Angelo Santos who expressed interest to buy the lot. Angelo agreed to pay P1 M for the property on
Sept. 26, 2005.
B.1. Draft the SPA to be executed by Gerry Cruz, as principal, in favor of his
brother Jon, as agent, authorizing the latter to sell the property in favor of Angelo Santos.
SUGGESTED ANSWER:
SPECIAL POWER OF ATTORNEY
THAT I, GERRY CRUZ, of legal age, single and a resident of __________, Manila,
have named, appointed and constituted, and by these presents do hereby name, constitute and
appoint, my brother JON CRUZ, whose specimen signature appears below, as my true and
lawful Attorney-in-fact, for me and in my name, place and stead, and for my benefit, to do or
perform any or all of the following acts and deeds, to wit:
To sell to Angelo Santos at the price of One Million Pesos (P1,000,000.00), my parcel of
land with an area of one thousand (1,000) square meters, located in Sampaloc, Manila,
covered by Transfer and to execute and sign the corresponding deed of sale.
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and
authority whatsoever necessary, proper and convenient as fully to all intents and purposes as I
might or could do if personally present, and hereby confirming and ratifying all that my said
Attorney-in-Fact shall lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have signed these presents, at the City of Manila, this 25 th day of
September, 2005.
GERRY CRUZ
Principal
SPECIMEN SIGNATURE:
JON CRUZ
Attorney-in-Fact
WITNESSES:
_____________________ ___________________
ACKNOWLEDGMENT
I further certify that the foregoing instrument is a Special Power of Attorney to sell a
parcel of land located in Sampaloc, Manila, and consists of _____ pages, including this page,
and signed on each and every page by the said GERRY CRUZ and his instrumental witnesses.
NOTARY PUBLIC
Until December 31, 200_
(address)
Commission No. _____, Manila
Attorneys Roll No. _____
IBP Membership Roll No. _____
PTR O.R. No. _____, Manila,_______, 2005
SUGGESTED ANSWER:
DEED OF ABSOLUTE SALE
GERRY CRUZ, of legal age, single, and a resident of ____________, herein represented
by his Attorney-in-Fact, JON CRUZ, of legal age and a resident of _________, and hereafter
referred to as VENDOR,
and
W I T N E S S E T H:
THAT, for and in consideration of the sum of One Million Pesos (P1,000,000.00), in
hand paid by the VENDEE to the VENDOR and receipt of which is herein acknowledged by
the latter, the VENDOR has sold, transferred and conveyed, and by these presents does
hereby sell, transfer and convey, unto the VENDEE, that certain parcel of land with an area of
1,000 square meters, more or less, located in Sampaloc, Manila, covered by Transfer
Certificate of Title No. 12345 of the Register of Deeds of Manila, and which is more
particularly described as follows:
(technical description)
IN WITNESS WHEREOF, the parties hereto have signed these presents at Manila, this
26th day of September, 2005.
JON CRUZ
Attorney-in-Fact
W I T N E S S E S:
________________ _________________
ACKNOWLEDGMENT
I further certify that the foregoing instrument is a deed of sale of a parcel of land
located in Sampaloc, Manila, and consists of _____ pages, including this page, and is signed on
each and every page by the said parties and their instrumental witnesses.
NOTARY PUBLIC
My Commission expires on l December 31, 2005
(Address)
Commission No. _____, Manila
Attorneys Roll No. _____
IBP Membership Roll No. _____
PTR O.R. No. _____, Manila,_______, 2005
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH _____, MANILA
A.B.,
Plaintiff,
x---------------------------------x
COMES NOW the undersigned counsel for the plaintiff, and to this Honorable Court
respectfully alleges:
That he has recently suffered a mild stroke, and his present physical and condition renders it
difficult for him to carry out his employment effectively.
That he has tried to get the conformity of his client but the latter refuses to give the same.
SUGGESTED ANSWER:
A.B.,
Plaintiff,
-versus- CIVIL CASE NO. ______
C.D.,
Defendant.
x----------------------------------x
COMES NOW the undersigned counsel for the plaintiff, and to this Honorable Court
respectfully alleges:
That he has recently suffered a mild stroke, and his present physical and condition renders it
difficult for him to carry out his employment effectively.
That he has tried to get the conformity of his client but the latter refuses to give the same.
SUGGESTED ANSWER:
CERTIFICATE OF NON-FORUM SHOPPING
I, A.B., plaintiff in the above-entitled case, do hereby certify under oath that:
I have not heretofore commenced any action or filed any claim involving the same
issues before any court, tribunal or quasi-judicial agency;
To the best of my knowledge, there is no such other action or claim is pending before
any other court, tribunal, quasi-judicial agency; and
If I should thereafter learn that such other action has been filed or is pending, I will
report such fact to this Honorable Court within five (5) days learning the same.
A.B.
(Jurat)
SUGGESTED ANSWER:
AFFIDAVIT OF DESISTANCE
I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St.,
Malate, Manila, after having duly sworn to in accordance with law hereby
depose and state:
3. Since I could not state with certainty and without doubt the liability of
Jesusa Santos, in fairness to her, I am permanently withdrawing my
complaint against her. I clear her of whatever responsibility or liability to me.
5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of
Manila to dismiss with prejudice the said criminal case.
Juan de la Cruz
Complaining Witness
SUGGESTED ANSWER:
AFFIDAVIT OF SELF-ADJUDICATION
I, MARIA B. DELA CRUZ, of legal age, Filipino, single and a resident of 6789
Washington Street, Pio del Pilar, Makati City, after having been duly sworn to in accordance
with law, depose and state:
1. That I am the only daughter of JUAN B. DELA CRUZ who died without any last will and
testament on July 20, 2013 in Makati City as evidenced by his Death Certificate issued by
the City of Makati hereto attached as Annex A and made an integral part of this
Affidavit;
2. That at the time his death, my father had no debts, liabilities or obligations to any
persons,agency or institution;
3. That the only property he left is a parcel of land consisting of 60 square meters located in
J.B. Roxas Street, Makati City more particularly described in TCT No. 112233
hereto attached as Annex B and made an integral part of this Affidavit;
4. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto myself the
above-described real estate by means of this Affidavit and hereby files the same with
theRegister of Deed of Makati City with the request that the said adjudication be
made effectivewithout judicial proceeding as prescribed by the aforementioned provision
of the Rules of Court.
Affiant
C. Draft an information charging Obet Buena with arson filed with the RTC, Branch
10, Manila.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT, BRANCH 10
MANILA
OBET BUENA,
Accused.
x---------------------------------------------------------------x
INFORMATION
The undersigned Public Prosecutor hereby accuses OBET BUENA of the crime of
ARSON committed as follows:
Contrary to law.
____________________________
Public Prosecutor
Certification
SUGGESTED ANSWER:
It is hereby agreed that if the Lessor should decide to sell the leased premises during
the period of this lease, he shall first offer the same in writing to the Lessee who shall
have the right to accept the offer within the period of thirty (30) days from receipt of
the same. Should the Lessee fail or refuse to accept, the Lessor may offer to sell the
property to any other person, provided that he cannot offer the same at a lower price
without first extending the same right of first refusal to the Lessee.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) S.S
AFFIDAVIT OF MERIT
I, Mr. B, of legal age, single, and a resident of Quezon City, after being duly sworn,
depose and state that:
1. I am the defendant in the case entitled A versus B, docketed as Case No. 1234 of
the Regional Trial Court of Manila, Branch 56, for collection of sum of money;
2. On July 7, 2007, while on our way to the court to attend the hearing of the said case,
a truck bumped the taxicab in which my counsel and I were riding, causing serious physical
injury to both of us, which necessitated our hospitalization for two months;
3. Upon our failure to appear in court on that date, the Honorable Regional Trial
Court proceeded with the trial and thereafter rendered judgment ordering me to pay the
plaintiff the amount of P500,000 with interest from January 10,2006, plus costs. The said
decision was served on my counsel only on September 15,2007;
4. If I am given the chance to present evidence, I can show that the amount being
collected from me by the plaintiff has been fully paid, as shown by the receipt, a copy of which
is attached hereto as Annex 1 of this Affidavit;
B
Affiant
Subscribed and sworn to before me, this 21st day of September, 2007, by the
affiant Mr. B who exhibited to me his passport no 345678 issued at Manila, on January
12, 2007.
CD
NOTARY PUBLIC
Until December 21, 2007
Commission No.
(address)
Attorneys Roll No._____
IBP Membership No. _____
PTR O.R. No._____, Manila
SUGGESTED ANSWER:
Any dispute that may arise between the parties hereto concerning the interpretation of
this contract and/or on the rights, duties, or liabilities of any party arising hereunder, shall be
exclusively referred to arbitration by committee of three (3) arbitrators. Each party shall
nominate one arbitrator and the two so nominated shall choose the third arbitrator. If they
cannot agree on the third arbitrator within sixty (60) days from the date that the last of them
was nominated, the Executive Judge of the Regional Trial Court of Manila shall be asked to
appoint such third arbitrator. Any decision of the Arbitration Committee shall be final,
enforceable, and binding on the parties.
A. Ian Alba owns a house and lot at No. 9 West Aguila, Green Cross Subdivision,
Quezon City, whihc he leased to Jun Miranda for a term of two years starting May 1, 2006, at a
monthly rental of P50,000. Jun defaulted in the payments of his rentals for six months, from
January 1, 2007 to June 30, 2007.
A.2. Assume Jun Miranda did not heed your demand letter. Draft a complaint
for ejectment. (Omit verification and affidavit of non-forum shopping).
B. Draft a complete deed of donation of a piece of land in accordance with the
requirements prescribed by the Civil Code.
A. Alexander Sison, resident of 111 Libertad St., Sampaloc, Manila engages your
services as a lawyer. He tells you that certain Mr. Juan Romero of 222 Juan Luna St., Tondo,
Manila, owes him P1,000,000; that the debt is long overdue; and that, despite repeated demands,
Jamero failed to comply with his obligation. He also shows you a promissory note, executed on Jan.
3, 2008, wherein Jamero promises to pay the amount of P1,000,000, with 12% interest per annum,
within 1 year from the date of note. Sison agrees to pay you attorney's fees in the amount of
P75,000 and a fee of P3,000 for every court appearance
As Sison's lawyer, prepare the complaint that you will file in court against Juan
Jamero.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA
ALEXANDER SISON
Plaintif
CIVIL CASE NO.
-versus-
JUAN JAMERO
Defendant
x-------------------------------------------------------------x
COMPLAINT
ATTY. _______________
Counsel for the plaintiff
(address)
Attorneys Roll No,
Date______________________________
PTR No. ___________________________
IBP no. ____________________________
MCLE Cert. No._____________________
Email address:______________________
I, ALEXANDER SISON, after being duly sworn, hereby depose and state:
ALEXANDER SISON
Affiant
B. Given the same facts above, assume that summons has been served on Jamero, but
no responsive pleading was filed within the reglementary period. Prepare a motion to declare
Jamero in default.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH________MANILA
ALEXANDER SISON
Plaintif
CIVIL CASE NO.
-versus-
JUAN JAMERO
Defendant
x-------------------------------------------------------------x
MOTION TO DECLARE IN DEFAULT
PLAINTIFF, through the undersigned counsel, through this Honorable Court
respectfully alleges;
1. That on September 2009, defendant was served with summons and a copy of
complaint;
2. That the reglementary period for the defendant to file an ANSWER or
MOTION TO DISMISS expired on _____________________, without the
defendant filing any such answer or motion.
3. That defendant may now be declared in default.
Wherefore, it is respectfully prayed that the defendant be declared in default and the
plaintiff be allowed to present his evidence ex parte.
Manila, _____________________________________, 2009.
ATTY, _______________________
Counsel for the plaintiff
(address)
Attorneys Roll No,
Date___________________________________
PTR No. _______________________________
IBP no. ________________________________
Date/place issued:________________________
MCLE Cert. No.__________________________
Email address: __________________________
NOTICE OF HEARING
Sir:
ATTY._______________________
C. Romeo Hacendero wants to authorize Juanito Ahente to sell, on cash basis, for a
price not lower than P500,00, a parcel of land, situated in Munoz, Nueva Ecija. Prepare a special
power of attorney granting such authority.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES )
) S.S
CITY OF MANILA )
To sell for the proce of not lower than P5,000,000, that parcel of land situated in
Munoz, Nueva Ecija, of which I am the absolute owner, my title thereto being evidence bt
transfer Certificate of Title No. 123456 of Register of Deeds of Nueva Ecija, and to sign the
corresponding deed of sale.
Manila, Sptember_____2009.
ROMEO HACENDERO
Principal
ACKNOWLWDGEMENT
NOTARY PUBLIC
(Attorneys Roll No. )
(Commision No. )
(IBP Membership No. )
(PTR O.R. No. )
(MCLE Cert. No )
(Email Address )
Doc. No. _______________________
Page No. ______________________
Book No. _______________________
Series of 2009.
D. From the affidavits and the death certificate submitted during the preliminary
investigation, the following facts are established: at 6 o'clock in the evening of September 13, 2009,
at the corner of Dapitan and Dos Castillas Sts., Sampaloc, Manila, Edgar Bastonero, alias Bugoy,
and Carlos Tirador, alias Pogi, accosted Johnny Escolar, a student, and demanded the latter's cellular
phone and wrist watch. Because Johnny resisted, Bastonero pulled out a knife and stabbed Johnny
several times in the chest, causing instantaneous death. Bastonero and Tirador then ran away. The
affidavits were executed by William Tan and Henry Uy, classmates of Johnny who witnessed the
entire incident. The death certificate of Johnny was issued by Dr. Jose Cabra who conducted the
autopsy.
As Assistant City Prosecutor in Manila, prepare the appropriate criminal information
to be filed in court.
SUGGESTED ANSWER:
-versus-
CRIMINAL CASE NO. _______
For: Robbery with Homicide
EDGAR BASTONERO alias BUGOY and
CARLOS TIRADOR alias POGI ,
Accused
INFORMATION
The undersigned Assistant City Prosecutor of Manila hereby accuses Edgar Bastonero alias
Bugoy and Carlos Tirador alias Pogi, of the crime of ROBBERY WITH HOMICIDE,
commited as follows:
That on or about 6:00 p.m. of September 13, 2009 at the corner of Dapitan and Dos
Castillas Street, Sampaloc, Manila, Philippines, within the jurisdiction of this Honorable
Court, the said accused, conspiring and confederating together and mutually aiding each
other, with the use of superior force, and with intent to gain, did then and there, willfully,
unlawfully, and feloniously, and by means of violence, take and take away from one JOHNNY
EXCOLAR, a student, once cellular phone and a wrist watch belonging to the said JOHNNY
ESCOLAR, of the total value of One Hundred Thousand Pesos (P100,000), to the damage and
prejudice of the said owner, and on the same occasion and for the purpose of enabling them to
take away the articles above mentioned, and herein accused, in pursuance of their conspiracy,
did then and there willfully, unlawfully and feloniously, with intent to kill, and taking attack,
assault, and repeatedly stab the said JOHNNY ESCOLAR in the chest with the knife, thereby
inflicting multiple chest wounds on the said person which directly caused his death.
Contrary to law
CERTIFICATION
I hereby certify that a preliminary investigation was conducted by me, in which the
accused were given an opportunity to present their evidence, and on the basis of the affidavits
presented, there is prima facie reason to believe that a crime has been committed abd that the
accused are probavly guilty thereof.
Witnesses:
Names Addresses
Willima Tan
Henry Uy
Dr. Jose Cabra