FORM NO. 121-140

LEGAL FORMS( FORMS 121- 140)

SUBMITTED TO:

HON. JUDGE NORFERIO NONOProfessorial Lecturer

SUBMITTED BY:

JOSEPH D. DAJAYStudent No. 2011-6-0023

December 28, 2013Date Due

FORM NO. 121 – MOTION FOR LEAVE TO TAKE DEPOSITION

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Republic of the PhilippinesREGIONAL TRIAL COURT

Branch 50 Puerto Princesa City Palawan

ALEX MENDOZA

Plaintiff,

-versus- Civil Case No. 23556

FOR : DAMAGES

ALEXES MENDOZA,

Defendant.

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

MOTION FOR LEAV E TO TAKE DEPOSITION

PLAINTIFF, by counsel and to this honorable Court, respectfully alleges:

1. This Honorable Court has already acquired jurisdiction, over the person of the defendant by his voluntary appearance by filing a motion to file an extension to file his answer to the complaint.

2. Pursuant to Sec. 1 of Rule 12 deposition may be taken by leave of court after the trial court shall have acquired jurisdiction over the person of the defendant but before he files his answer.

WHEREFORE, plaintiff respectfully prays that he be given leave of court to take deposition of Mr. Rafael B. Bermudez, with address at 345 Malvar Street, Agoo, La Union, at such time and place before a notary public, to be taken after leave of court shall have been granted.

Puerto Princesa City, Palawan, December 2, 2013.

ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff

Bgy. Sta. Monica. Puerto Princesa CityRoll No. 75648IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

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NOTICE OF HEARING

Atty. Juan S. MagbanuaCounsel for the defendantBgy. San Pedro, Puerto Princesa City

Sir:

Please be informed that the undersigned counsel has set the foregoing Motion to intervene for hearing on December 15, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Sta. Monica. Puerto Princesa City

AFFIDAVIT OF PERSONAL SERVICE

I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say:

That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the Plaintiff in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Leave to take Deposition filed in said case, as follows:

Atty. Juan S. Magbanua, counsel for the Defendant, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said motion, this 12 th day of December 2013

IN WITNESS WHEREOF, I have signed this affidavit this 2nd day of December 2013 at Puerto Princesa City.

JOSEPH D. DAJAY Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 2nd day of December 2013. Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public

Until December 31, 2014

Doc. No. ______;

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Page No. ______;Book No. ______;Series of 2013;

FORM NO. 122 – NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION

ATTY. GEORJALYN O. QUIACHONCounsel for the DefendantPoblacion 3, Brookes Point, Palawan

Please take notice that on December 25, 2013 the undersigned counsel for the plaintiff in Civil Case No. 45454, entitled Boboy Mortiz vs. Pipoy Cruz III, RTC Branch 50, Puerto Princesa City, Palawan, will take the deposition of Mr. Niño Mulach with address at 45 P.Tuazon Avenue, Quezon City before Notary Public Atty. Baja Melissa Dajay at the latter address at Room 34, 3rd Level, SM Annex, Quezon City, at 10:00 AM, upon oral examination. The oral examination will continue from day to day at the same time and place until the oral examination is completed.

Puerto Princesa City, Palawan.



EXPLANATION

Service of this Motion for Consideration is by registered mail instead by personal service because the offices of undersigned counsel and adverse party or his counsel and other parties are distantly located and because of lack or inadequate messengerial aide to make personal service.

ATTY. ARNEL S. BELARMINOCounsel for the DefendantBgy. Sta. Monica. Puerto Princesa City

AFFIDAVIT OF SERVICE BY REGISTERD MAIL

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That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Plaintiff in the case entitled Boboy Mortiz vs. Pipoy Cruz III, Civil Case No. 45455, RTC Branch 50,

Puerto Princesa City, Palawan, and that such messenger I served upon the counsel of adverse party and other parties, the Notice to take Deposition upon Oral Examination filed in said case, as follows:

Atty. Georjalyn Quiachon, counsel for the Plaintiff, by registered mail by depositing the copy in the Post Office in sealed envelop, plainly addressed to the party or counsel at his office, with postage fully prepaid, and with instruction to the Postmaster to return to the sender after ten days if undelivered, this 12 th day of December 2013, as shown by Registry No. 66587, dated December 4, 2013 of the Post Office of Puerto Princesa City.

IN WITNESS WHEREOF, I have signed this affidavit this 4th day of December 2013 at Puerto Princesa City.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 4th day of December 2013. Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014

Doc. No. 31 ;Page No. 46 ;Book No. XXI;Series of 2013;

FORM NO. 123 – NOTICE TO TAKE DEPOSITION UPON WRITTEN EXAMINATION

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ATTY. GEORJALYN O. QUIACHONCounsel for the DefendantPoblacion 3, Brookes Point, Palawan

Please take notice that on December 25, 2013 the undersigned counsel for the plaintiff in Civil Case No. 45454, entitled Boboy Mortiz vs. Pipoy Cruz III, RTC Branch 50, Puerto Princesa City, Palawan, will take the deposition of Mr. Niño Mulach with address at 45 P.Tuazon Avenue, Quezon City before Notary Public Atty. Baja Melissa Dajay at the latter address at Room 34, 3rd Level, SM Annex, Quezon City, at 10:00 AM, upon written examination. The oral examination will continue from day to day at the same time and place until the oral examination is completed. Attached are the written interrogatories.

Puerto Princesa City, Palawan.



EXPLANATION


ATTY. ARNEL S. BELARMINOCounsel for the DefendantBgy. Sta. Monica. Puerto Princesa City



That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Plaintiff in the case entitled Boboy Mortiz vs. Pipoy Cruz III, Civil Case No. 45455, RTC Branch 50,

Puerto Princesa City, Palawan, and that such messenger I served upon the counsel of adverse party and other parties, the Notice to take Deposition upon Oral Examination filed in said case, as follows:

Atty. Georjalyn Quiachon, counsel for the Plaintiff, by registered mail by depositing the copy in the Post Office in sealed envelop, plainly addressed to the party or counsel at his office, with postage fully prepaid, and with instruction to the Postmaster to return to the sender after ten days if undelivered, this 12 th day of

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December 2013, as shown by Registry No. 66587, dated December 4, 2013 of the Post Office of Puerto Princesa City.






FORM NO. 124 – PETITION FOR LETTERS ROGATORY



ALEX MENDOZA Plaintiff,


FOR : DAMAGES

ALEXES MENDOZA,Defendant.x------------------------------------x

PETITION FOR LETTERS ROGATORY

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PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. For the purpose of completing plaintiff’s evidence, so that a just and fair decision may be rendered in the instant case, its is necessary that the testimony of Albert Narciso who is presently residing in the United Kingdom at Plaistow, London, be taken by means of deposition upon written interrogatories, attached herewith as Annex “A”, at the Philippine Consulate at its offices in Elms Street, London, United Kingdom, before any Philippine Consular representative thereat, at such date and time as the latter may fix.

2. If the adverse party desires, he may serve cross-interrogatories within ten (10) days from notice, requiring the clerk of court to issue letters rogatory directed to the Philippine Consular representative in the Philippine Consular Office at London, United Kingdom to take the examination upon interrogatories (Both direct and cross examinations) attached herewith, at such date and time as the consular representative may schedule, with notice to the witness Mr. Albert Narciso to appear and testify threin, and thereafter, to submit the record of deposition to the Court which issued this order, with notice to both parties.

Puerto Princesa City, Palawan, December 8, 2013.



NOTICE OF HEARING


Sir:




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Doc. No. ______;Page No. ______;Book No. ______;Series of 2013;

FORM NO. 125 - MOTION TO TERMINATE OR LIMIT EXAMINATION

The form may be formulated and filed with the trial court pursuant to Section 18, Rule 23, which reads:

Section 18- Motion to terminate or limit examination – At any time during the taking of the deposition, on motion or petition of any party or the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably, to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the Regional Trial Court of the place where the deposition is being taken may order the officer conducting the examination to cease

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forthwith from taking the deposition, as provided in Section 16 of this Rule. If the order made terminates the examinations, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, taking of the deposition shall be suspended for the time necessary to make a notice for an order. In granting or refusing such orer the court may impose upon either party or upon the witness the requirement to pay such cost expenses as the court may deem reasonable.

RULE 126 – RECORD OF DEPOSITION



ALBERT NARCISO Plaintiff,


FOR : DAMAGES

ALEXES MENDOZA, Defendant.x------------------------------------x

DEPOSITION OF COCO MARTIN

Records of the deposition upon oral examination. Taken before Notary Public Atty. COCOMBER PIMENTEL for and in the City of Manila, Philippines, this 2nd day of December 2013 at 10:00AM., pursuant to the attached notice to take deposition on behalf of plaintiff in the above-entitled action.

Appearances:

( Copy )

Testimonies,

Antonio de Jesus, after having been duly sworn, testified orally as follows:

Direct Examination: (Copy)

Cross Examination: (Copy)

Re-direct Examination: (Copy)

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The above deposition was signed by Coco Martin who gave said deposition, and the same is hereby certified by the undersigned notary public to be faithful reproduction thereof.

ATTY. COCOMBER PIMENTELNotary Public


CERTIFICATION

Republic of the PhilippinesCity of Manila

The undersigned, notary public for and in the City of Manila, Philippines, hereby certifies that the witness Coco Martin was duly sworn to by the undersigned before taking the above deposition and that the deposition and the record thereof of witness Coco Martin, as above-stated, are true and correct.

November 29, 2013, City of Manila



EXPLANATION






That I am the messenger of Atty. Cocomber Pimentel, A Notary Public for and in the city of Manila, and that such messenger I served upon the counsel of adverse party and other parties, the copy of Deposition upon Oral Examination filed in said case, as follows:

Atty. Georjalyn Quiachon, counsel for the Defendant, by registered mail by depositing the copy in the Post Office in sealed envelop, plainly addressed to the party

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or counsel at his office, with postage fully prepaid, and with instruction to the Postmaster to return to the sender after ten days if undelivered, this 12 th day of December 2013, as shown by Registry No. 66587, dated December 4, 2013 of the Post Office of Puerto Princesa City.

IN WITNESS WHEREOF, I have signed this affidavit this 4th day of December 2013 at City of Manila.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Manila this 4th day of December 2013. Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Quezon City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. COCOMBER PIMENTEL Notary Public Until December 31, 2014


FORM NO. 127 – VERIFIED PETITION TO PERPETUATE TESTIMONY BEFORE ACTION


Branch LXManila

PEDRO VALDEZ Petitioner x---------------------------------x

PETITION TO PERPETUATE TESTIMONY

PETITIONER, Pedro Valdez, by counsel and to this Honorable Court, respectfully alleges:

Petitioner of legal age and residing at 335 España, Trabajo, Sampaloc Manila.

Petitioner expects to be a party to an action in court in the Philippines but he is presently unable to bring it.

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The subject matter of the expected action is for th sum of money in the amount of P 200,000,000.00, which Juan Mandy, with address at 123 Pureza St. Sta Mesa , Manila borrowed, as evidenced by a check which petitioner issued to Juan Mandy in said amount and which he encashed and the same as dishonored for having been drawn against closed account, as shown by the return check and notice of dishonor. Juan Mandy is expected to be the adverse party.

The person who was present during the transaction was Ricardo Dumlao, with address at 234 Balot, Tondo, Manila, and who knew the surrounding facts thereof.

Petitioner is very sick, as he suffered a stroke, and his physical mobility has greatly been affected.

The interest of justice would be served by perpetuating the testimonies of herein petitioner and of Ricardo Dumlao, as evidence in the expected action against Juan Mandy for recovery of sum of money.

WHEREFORE, petioner respectfully prays that the court issue an order authorizing him to take depositin of herein petitioner and of Ricardo Dumlao, before such authorized person and such time and place, as the court may require.

Sampaloc, Manila, Philippines, December 2, 2013.

ATTY. ARNEL S. BELARMINO Counsel for the Petitioner

233 Espana Street, ManilaRoll No. 75648IBP No. 0457 - Manila, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

VERIFICATION

I, PEDRO VALDEZ, of legal age and with residence at Lagan St. Puerto Princesa City, after having been duly sworn, depose and say:

1. That I am the plaintiff in the above entitled complaint.

2. That I have caused the preparation by my counsel of said complaint.

3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records.

Witness my hand this 33rd day of December 2013 at Manila.

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PEDRO VALDEZ Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24 th day of October 2013. Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument


Doc. No. 31 ;Page No. 46 ;Book No. XXI;Series of 2013

Copy furnished:1. Juan Mandy2. Expected adverse party3. Ricardo Dumlao- deponent



That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Petitioner, and that such messenger I served upon the adverse party and other parties, the Motion for Leave to take Deposition filed in said case, as follows:

Juan Mandy, by personal service by delivering personally copy of said Petition upon said person who acknowledged receipt there of as shown by his signature or initial on the said motion, this 2nd day of December 2013.

Ricardo Dumlao, by personal service by delivering personally copy of said Petition upon said person who acknowledged receipt there of as shown by his signature or initial on the said motion, this 2nd day of December 2013

IN WITNESS WHEREOF, I have signed this affidavit this 3rd day of December 2013 at Puerto Princesa City.


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Petitioner hereby states that he will apply to the court, at time and place therein for an order described in the attached petition, at least 20 days before the date of the hearing.


233 Espana Street, Manila

FORM NO. 128 - VERIFIED PETITION TO PERPETUATE TESTIMONY PENDING APPEAL


Branch LXManila

PEDRO VALDEZ Petitioner x---------------------------------x

PETITION TO PERPETUATE TESTIMONY PENDING APPEAL

PETITIONER, Pedro Valdez, by counsel and to this Honorable Court, respectfully alleges:

Petitioner is of legal age and residing at 335 Malvar Street, Puerto Princesa City, Palawan.

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Petitioner expects to be a party to an action in court in the Philippines but he is presently unable to bring it.

The subject matter of the expected action is for th sum of money in the amount of P 200,000,000.00, which Juan Mandy, with address at 123 Pureza St. Sta Mesa , Manila borrowed, as evidenced by a check which petitioner issued to Juan Mandy in said amount and which he encashed and the same as dishonored for having been drawn against closed account, as shown by the return check and notice of dishonor. Juan Mandy is expected to be the adverse party.

The person who was present during the transaction was Ricardo Dumlao, with address at 234 Balot, Tondo, Manila, and who knew the surrounding facts thereof.

Petitioner is very sick, as he suffered a stroke, and his physical mobility has greatly been affected.

The interest of justice would be served by perpetuating the testimonies of herein petitioner and of Ricardo Dumlao, as evidence in the expected action against Juan Mandy for recovery of sum of money.

WHEREFORE, petioner respectfully prays that the court issue an order authorizing him to take depositin of herein petitioner and of Ricardo Dumlao, before such authorized person and such time and place, as the court may require.

Sampaloc, Manila, Philippines, December 2, 2013.


233 Espana Street, ManilaRoll No. 75648IBP No. 0457 - Manila, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

VERIFICATION

I, PEDRO VALDEZ, of legal age and with residence at Lagan St. Puerto Princesa City, after having been duly sworn, depose and say:

1. That I am the plaintiff in the above entitled complaint.

2. That I have caused the preparation by my counsel of said complaint.

3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records.

Witness my hand this 33rd day of December 2013 at Manila.

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PEDRO VALDEZ Affiant




Copy furnished:1. Juan Mandy2. Expected adverse party3. Ricardo Dumlao- deponent



That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Petitioner, and that such messenger I served upon the adverse party and other parties, the Motion for Leave to take Deposition filed in said case, as follows:

Juan Mandy, by personal service by delivering personally copy of said Petition upon said person who acknowledged receipt there of as shown by his signature or initial on the said motion, this 2nd day of December 2013.

Ricardo Dumlao, by personal service by delivering personally copy of said Petition upon said person who acknowledged receipt there of as shown by his signature or initial on the said motion, this 2nd day of December 2013



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Petitioner hereby states that he will apply to the court, at time and place therein for an order described in the attached petition, at least 20 days before the date of the hearing.


233 Espana Street, Manila

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FORM NO. 129 – REQUEST FOR ADMISSION OF DOCUMENTS AND MATERIAL FACTS





FOR : DAMAGES


RE: REQUEST FOR ADMISSION

Mr. Alexes MendozaDefendant234 Quito Street, Puerto Princesa City



That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Petitioner, and that such messenger I served upon the adverse party and other parties, the Request for Admission filed in said case, as follows:

Alexes M. Mendoza, by personal service by delivering personally copy of said Request upon said person who acknowledged receipt there of as shown by his signature or initial on the said motion, this 2nd day of December 2013.



SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of December 2013.

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Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument



Pursuant to Section 1 and 2 of Rule 26 of the rules of Court, request is hereby made upon you within fifteen (15) days from your receipt hereof, to admit the due execution and genuineness of the enumerated, as follows:

1. The due execution and authenticity of te following documents, namely:

(Copy documents and attach copies threof)

2. The truth of the material facts, namely:

(Enumerate them.)

Puerto Princesa City, Palawan Philippines, December 2, 2013.


Bgy. Sta. Monica, Pto. Princesa CityRoll No. 75648IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587



That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Petitioner, and that such messenger I served upon the Clerk of Court, RTC Branch 50 and other parties, the Request for Admission filed in said case, as follows:

Mr. Alexes M. Mendoza, by personal service by delivering personally copy of said Request upon said person who acknowledged receipt there of as shown by his signature or initial on the said motion, this 2nd day of December 2013.

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SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of December 2013. Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument



FORM NO. 130 – MOTION FOR PRODUCTION AND INSPECTION





FOR : UNFAIR TRADE COMPETITION with DAMAGES


MOTION FOR PRODUCTION AND INSPECTION

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COMES now plaintiff, by counsel and to this Honorable Court respectfully alleges:

1. Plaintiff has filed an action for unfair competition and damages against the defendant

2. Defendant has unfairly engaged in unfair competition for a period of two years and the value thereof by defendant which unfairly compete with those of plaintiff are shown by sales invoices, accounting records and receipts, the examination of which is material and relevant to plaintiff’s action.

3. Plaintiff needs such documents to prove its claims, which are in the custody and control of defendant.

WHEREFORE, plaintiff prays that an order be issued, authorizing plaintiff’s accountants and lawyers entry to defendant’s office making available to them all records pertaining to the period from June 1, 2013 to November 30, 2013 for examination and accounting purposes, and allowing them to photographing said documents, which plaintiff’s accountants and lawyer deem material and relevant to the issue in the pending action.

Plaintiff further prays for such other reliefs as may be just and equitable in the premises.




NOTICE OF HEARING


Sir:


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FORM NO. 131 – MOTION FOR PHYSICAL AND MENTAL EXAMINATION

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FOR: DAMAGES

ALEXES MENDOZA, Defendant x------------------------------------x

MOTION FOR PHYSICAL AND MENTAL EXAMINATION

PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:

1. One of the issues raised by defendant in this case is that he did not voluntarily agree to and execute the deed of sale of a parcel of land, subject matter of the pending case because he allegedly was insane at the time of the execution of said deed of sale.

2. To determine defendant’s claim of insanity, it is necessary that a physical and mental examination of defendant be conducted by a government physician at the Philippine General Hospital and that the latter be required to render a report on the defendant’s physical and mental condition.

WHEREFORE, plaintiff respectfully prays that an order be issued requiring the physical and mental condition of defendant Alexes Mendoza by a government physician at the Philippine General Hospital, specifying the time, place, manner, conditions and scope of the examination of said person and directing the examining physical to render a written report thereon.




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Copy furnished:Alexes Mendoza – DefendantAtty. Juan s. Magbanua - Counsel for defendant

NOTICE OF HEARING


Sir:





That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Plaintiff in the case entitled Alex Mendoza vs. Alexes M. Mendoza , Civil Case No. 23556, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Leave to take Deposition filed in said case, as follows:





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FORM NO. 132 – APPROPRIATE MOTION FILED TO ENFORCED DISCOVERY

MOTION TO ENFORCE DISCOVERY





FOR: DAMAGES

ALEXES MENDOZA, Defendant x------------------------------------x

APPROPRIATION MOTION TO ENFORCE DISCOVERY

Prepare appropriation motion or petition to enforce rules on discovery, which may be any of the following sanction under Rule 29, Rules of Court:

1. Court order requiring answer - If the party or other deponent refuses to answer any question upon oral examination under Rule 23 or refuses to answer any interrogatories under Rule 25, the proponent may apply for a court order directing him to answer.

2. Contempt of Court - If the party or other witness still refuse to answer, notwithstanding the court order directing him to do so, the refusal may be considered a contempt of court.

3. Other consequences or sanctions - If any party refuses to obey the order directing him to answer, or the order to produce any document under Rule No. 27 or the

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order to submit to physical or mental examination under Rule 28, the court may issue any of the following orders:

a) Making the facts or documents or physical or mental condition sought to be discovered as established for purposes of the action.

b) Refusing the disobedient party to support or oppose designated clims or defenses or prohibiting him from introducing in evidence designated documents or items of testimony or prohibiting him from introducing evidence of physical or mental condition;

c) Striking out pleadings or parts thereof or staying further proceedings until the order is obeyed;

d) Dismissing the action or proceeding or any part thereof;e) Rendering default judgment;f) Directing the arrest of the person concerned, except in a refusal to submit

to a physical or mental examination.g) Upon motion and notice, (1) striking out all or any pleading, or (2)

dismissing the action or proceeding, or (3) entering a judgment by default against the party who willfully fails to appear before the officer who is to take his deposition or fails to serve answers to interrogatories.

Where the party unjustifiably failed to answer the written interrogatories sent by the defendant to clarify the issues or to ascertain facts involved in the case, the action may be dismissed. However, the determination of the saction a court should impose for sound judicial discretion, taking into account the overriding interest of justice and the circumstances of each case.

FORM NO. 133- MOTION FOR POSTPONEMENT



PETER DE JESUS Plaintiff,


FOR: DAMAGES

JOCELYN CUYO, Defendant x------------------------------------x

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MOTION FOR POSTPONEMENT

DEFENDANT, by counsel and to this Honorable Court respectfully moves that the hearing set for December 2, 2013 be postponed to another date, at least one month therefrom, on the ground that his remaining material witness, Mr. Joseph D. Dajay, whom he has scheduled to present, is broad and will not be back until three (3) weeks from date hereof.

The gist of the testimony of witness Mr. Joseph D. Dajay and its materiality or relevancy is shown in the attached affidavit, which is attached herewith, as Annex “X”.

WHEREFORE, defendant prays that the hearing set for December 2, 2013 be postponed to another date, at least one (1) month from said date, to enable Ms. to present as his last witness


ATTY. ARNEL S. BELARMINO Counsel for the Defendant


Copy furnished:Peter De Jesus - PlaintiffAtty. Juan s. Magbanua - Counsel for Plaintiff

NOTICE OF HEARING

Atty. Juan S. MagbanuaCounsel for the PlaintiffBgy. San Pedro, Puerto Princesa City

Sir:

Please be informed that the undersigned counsel has set the foregoing Motion for Postponement for hearing on December 8, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.


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That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Defendant in the case entitled Peter de Jesus vs. Jocelyn Cuyo, Civil Case No. 23556, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Postponement filed in said case, as follows:

Atty. Juan S. Magbanua, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said motion, this 12 th day of December 2013







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FORM NO. 134- MOTION FOR POSTPONEMENT DUE TO ILLNESS



PETER DE JESUS Plaintiff,


FOR: DAMAGES

JOCELYN CUYO, Defendant x------------------------------------x

MOTION FOR POSTPONEMENT

PLAINTIFF, by counsel and to this Honorable Court respectfully moves that the scheduled hearing on December 2, 2013 be postponed to another date, at least one month therefrom, on the ground that the undersigned counsel for the plaintiff is sick and suffering from high blood pressure, and has been advised by his physician to rest for at least two (2) weeks, as evidenced by the doctor’s certification, under oath, attached hereto as Annex “X”.

WHEREFORE, plaintiff prays that the hearing set for December 2, 2013 be postponed to another date, at least one (1) month from said date.




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NOTICE OF HEARING


Sir:

Please be informed that the undersigned counsel has set the foregoing Motion for Postponement for hearing on December 8, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.


Copy furnished:Jocelyn Cuyo – DefendantAtty. Juan s. Magbanua - Counsel for defendant



That I am the messenger of Atty. Arnel S. Belarmino, Counsel for the Plaintiff in the case entitled Peter de Jesus vs. Jocelyn Cuyo, Civil Case No. 23556, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Postponement filed in said case, as follows:





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FORM NO. 135 – MOTION FOR SUSPENSION OF ACTIONRepublic of the Philippines

MUNICIPAL TRIAL COURT IN CITIESPuerto Princesa City, Palawan

ALEX BERMEJO Plaintiff,

-versus- Civil case No. 5524Collection for a Sum of Money

ROEL PONCE DE LEON Defendant

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

MOTION FOR SUSPENSION OF ACTION

DEFENDANT, By counsel and to this Honorable Court, respectfully moves that the action or hearing of the action be suspended for a period of at least six (6) months on the ground that pursuant to Article 2030 of the Civil Code, defendant has communicated to plaintiff, expressing his willingness to discuss possibility of compromise, as shown by his letter to plaintiff, copy of which is attached hereto as Annex “X”

Plaintiff is receptive to discussing the possibility of compromise.

WHEREFORE, defendant prays that the hearing set for December 12, 2013 and further action on the case be suspended for a period of at least six (6) months from date hereof.

Puerto Princesa City, December 12, 2013


Bgy. Sta. Monica. Puerto Princesa CityRoll No. 75648

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IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

NOTICE OF HEARING


Sir:

Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on November 12, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City



That I am the messenger of Atty. Arnel S. Belarmino, counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows:

Atty. Juan S. Magbanua, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 3rd day of December 2013



SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 4th day of December 2013. Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the

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foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument



FORM NO. 136- MOTION TO BE ALLOWED TO PRESENT EVIDENCE EX PARTE


Branch 50Puerto Princesa City, Palawan


-versus- Civil case No. 5524For : DAMAGES


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

EX-PARTE MOTION TO PRESENT EVIDENCE BEFORE CLERK OF COURT

PLAINTIFF, by counsel, and to this Honorable Court, respectfully moves that he be allowed to present his evidence ex parte before the Clerk of Court, the defendant having been declared in fault.

WHEREFORE, plaintiff prays that he be allowed to present his evidence ex parte before the clerk of court, in accordance with Section 9 of Rule 30 of the Rules of Court.

Puerto Princesa City, December 12, 2013



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The Clerk of CourtRegional Trial CourtBranch 50Puerto Princesa City, Palawan

Sir:

Please submit the foregoing motion for the approval of the Court upon receipt hereof.


FORM NO. 137 – REFERENCE OF CERTAIN ISSUES TO COMMISSIONER.






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

PARTIES’ MOTION FOR AN ORDERTO REFER CERTAIN ISSUES TO COMMISSIONER

BOTH parties, by their written consent, as shown by their respective signatures below and pursuant to Section 1, Rule 32, respectfully move and pray that an order issue referring all issues of fact to a Commissioner to be designated by the Honorable Court, such issues to be spelled out in the court’s order. The parties also agree that al expenses and commissioner’s fee be fixed by the Honorable Court, to be shared by them on a 50-50 basis.

Puerto Princesa City, Palawan, December 10, 2013

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ALEX M. BERMEJO Plaintiff


The Clerk of CourtRegional Trial CourtBranch 50Puerto Princesa City, Palawan

Sir:

Please submit the foregoing motion for the approval of the court upon receipt hereof.

ALEX M. BERMEJO Plaintiff


FORM NO. 138 – MOTION TO REFER CERTAIN ISSUES TO COMMISSIONER






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

MOTION FOR REFERENCE OF CERTAIN ISSUES TO COMMISSIONER

PLAINTIFF, by counsel and to This Honorable Court respectfully alleges:

1. The pending action by plaintiff is for damages against the architect who designed plaintiff’s building, which collapsed due to poor design and lack of proper supervision by the architect.

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2. One of the issues raised refers to absence of technical sufficiency of the design to withstand earthquake, which raises highly architectural and engineering issues, and such issues may only be resolved by referring them to a team of architectural and engineering experts to receive evidence thereon, from both parties, to evaluate evidence, and to submit a report on such issues, to aid the court in reminding its judgment.

WHEREFORE, plaintiff respectfully prays that an order issue, referring the aforesaid issues to a team of technical experts, appointing three (3) commissioner to receive evidence on the issues, one recommended by plaintiff, another by the defendant, and the third by the court, empowering them to issue subpoena and subpoena duces tecum, and to submit their report on such issues based on the evidence submitted, within three (3) months from their acceptance of heir appointment.

Plaintiff also prays that all cost that may be incurred, including the fees of the commissioner, which should be fixed by the Honorable Court, be equally charged against plaintiff and defendant.

Plaintiff further prays for such other reliefs as may be just and equitable in the premises.

Puerto Princesa City, Palawan. December 12, 2013



NOTICE OF HEARING

Atty. Juan S. MagbanuaCounsel for the Defendant Bgy. San Pedro, Puerto Princesa City

Sir:

Please be informed that the undersigned counsel has set the foregoing Motion for hearing on December 15, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.


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Atty. Juan S. Magbanua, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 12 th day of December 2013






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FORM NO. 139 – NOTICE OF COMMISSIONER’S REPORT AND SETTING IT FOR HEARING






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

Atty. Arnel S. BelarminoCounsel for the Plaintiff234 Rizal Avenue, Puerto Princesa City

Atty. Juan S. MagbanuaCounsel for the defendant335 Malvar Street Puerto Princesa City

Please be notified that Commissioner Raul T. Benitez has submitted his report on the issues referred to him by the order of reference dated November 28, 2013. You are hereby given ten (10) days from receipt hereof to signify your objections, if any, to the findings of the commissioner.

After the 10-day period, please alsobe notified that the report will be set for hearing on December 10, 2013 at 8:30 AM, foe adopting, modifying or rejecting the report, in whole or I part, or requiring the parties to present further evidence before the commissioner or the court

Puerto Princesa City, Palawan, December 5, 2013

ATTY. FLORENCE REGALADO Clerk of Court

FORM NO. 140 – MOTION FOR DEMURER TO EVIDENCE

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ALEX BERMEJO Plaintiff, Civil case No. 5524

-versus- For : DAMAGES


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

MOTION FOR DEMURER TO EVIDENCE

DEFENDANT, by counsel and to this Honorable Court, respectfully alleges:

Plaintiff has completed presenting its evidence.

Defendant submits that the evidence presented by plaintiff show that the facts and the applicable law do not support his claim for relief and fail to prove the allegations of the complaint, as to justify its dismissal, for the following reasons:

( Show and discuss in detail why the evidence submitted does not prove the allegations of he complaint. Also show that the law does not support the claim)

WHEREFORE, defendant prays that the complaint be dismissed for lackof merit and for insufficiency of evidence.

Puerto Princesa City, Palawan. December 12, 2013



NOTICE OF HEARING


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Sir:

Please be informed that the undersigned counsel has set the foregoing Motion for hearing on December 15, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.





Atty. Juan S. Magbanua, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 12 th day of December 2013






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Documents

FORM NO. 121-140