Guide on Legal Forms

8/3/2019 Guide on Legal Forms

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GUIDE ON LEGAL FORMS

1. CONVEYANCING

1. Jurat: (Used in affidavits, certifications, verifications or wheneverthe person executing makes a statement of fact or atteststo the truth of an occurrence of an event, under oath.)

SUBSCRIBED & SWORN to before me this ___ day of _______, the affiant the affiantexhibiting to me his (Passport/ Drivers License/ SSS ID/ GSIS ID/ Voters ID/ NBIClearance/Police Clearance/ Barangay Clearance/ Senior Citrizenss Card) No.______________ issued at ________________ on ____________, (or the affiant havingbeen identified under oath by ________ who is personally known to me) (or the affianthaving been identified under oath by ____________who presented to me his___________ No. issued at _____________ on _____________, and by ___________who presented to me his __________ No. ___________ issued at ___________ on______________.)

NOTARY PUBLICCommission No.____, (place issued)Until December 31, _____(Office Address)Attorneys Roll No._____PTR No. _________, (date) (place)IBP Membership No.____

Doc. No. _____Page No. _____Book No. _____Series of 1998.

2. Acknowledgments: (Used to authenticate an agreement between two or

more persons, or where the document contains adisposition of property.)

a. Simple Form:


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IN THE City of Manila, Philippines, this ____ day of _________,1990, personally appeared Mr. A. and Mr. B., who presented to me their

__________ No._________ issued at ________ on _________ and________ No._________issued at ________ on ________, respectively (or both of whom have beenidentified under oath by _________ who is personally known to me) (or both of whomhave been identified under oath by _____________ and _______________ whopresented to me their _________ No. _________ issued at _________ on __________and ________ No. _________ issued at __________ on __________, respectively),

personally known to me to be the same persons who executed the foregoing instrument,and they acknowledged to me that they executed the foregoing instrument, and that thesame is their free and voluntary act anddeed.

WITNESS MY HAND AND SEAL.

NOTARY PUBLIC, etc.

b. Additional paragraph for Complex Acknowledgment (to be used in

conveyances of land )

I further certify that the foregoing instrument is a deed of ______________ of a parcel of land situated at ______________, and/or consists of ________ pages,including this page, and signed on each and every page by the said parties and theirinstrumental witnesses.

WITNESS MY HAND AND SEAL.

NOTARY PUBLIC, etc.

(Note: The Taxpayers Identification Number should be mentionedin all documents for sales of land, motor vehicles, and otherconveyances which have to be registered with a governmentoffice.)

c. Acknowledgment for a last will and testament.

At the municipality/city of ________, this____day of _______, 200__, personallyappeared before me the Testator _________ and his three (3) instrumental witnesses, towit: ___________, _____________ and _____________, who presented to me thefollowing competent evidence of identity:


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Name Nature & No. of Document Place/Date of Issue

______________ ________________________ ________________ ______________ _________________________ ________________ ______________ _________________________ ________________ ______________ _________________________ ________________

all known to me to be the same persons who executed and attested, respectively, the

foregoing Last Will and Testament, which consists of ____ pages, including this page onwhich this acknowledgment is written, and numbered correlatively on each and everypage, and they acknowledged to me that the Testator signed the will at the end thereofand on the left margin of each and every page in the presence of the instrumentalwitnesses, and that the latter witnessed and signed the will and every page thereof on theleft margin in the presence of the Testator and of each other, of their free and voluntary ctand deed.

They further acknowledged that the will and the attestation clause are written in_____________, a language known to the Testator and the instrumental witnesses.

WITNESS MY HAND & SEAL

NOTARY PUBLIC, etc.

3. Affidavit:

REPUBLIC OF THE PHILIPPINES)PROVINCE OF BULACAN ) S.S.MUNICIPALITY OF MALOLOS )

AFFIDAVIT

I, A.B., of legal age and a resident of _______________, after having beenduly sworn in accordance with law, hereby depose and state:

(body of affidavit)

FURTHER, AFFIANT SAYETH NAUGHT.

Malolos, Bulacan, _____________ 1990.

A.B.Affiant


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(Jurat)

5. Power of Attorney:

(GENERAL/SPECIAL) POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

THAT, I, A.B., of legal age, single/married, and a resident of

__________________, do hereby constitute, name and appoint C.D., of legal age,single/married, and a resident of ___________, to be my true and lawful attorney-in-fact,for me and in my name, place and stead, to do or perform any or all of the foregoing actsand deeds, to wit:

(powers granted)

HEREBY giving and granting unto my said attorney-in-fact full power orauthority to do or perform whatsoever may be necessary or proper under the premises(including the power of substitution), and hereby confirming and ratifying all that mysaid attorney-in-fact shall lawfully do or cause to be done by virtue of these presents.

Makati, Metro Manila, __________________, 1998.

A.B.

WITNESSES:

(acknowledgement)

a. Appointment of Substitute Attorney:

KNOW ALL MEN BY THESES PRESENTS:

WHEREAS, by virtue of that Special Power of Attorney executed at _________on _________, 1998, and acknowledged before Notary Public ________ as Doc. No.___, Page No. ___; Book No. ____, Series of 1990, of his Notarial Register, a copy ofwhich is hereto attached as Annex A hereof, A.B. has appointed C.D. as his Attorney-in-Fact, with authority to appoint a substitute;

NOW, THEREFORE, C.D. hereby appoints E.F. as Substitute Attorney-in-Fact,with full authority to exercise the powers granted in the aforesaid Power of Attorney,Annex A hereof.

Makati, Metro Manila, _____________, 1998.

C.D.


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WITNESSES

_____________ _____________

(acknowledgment)

b. Revocation:

REVOCATION OF POWER OF ATTORNEY

WHEREAS, by virtue of that instrument executed at ______________ on_______________, 1990, and acknowledged before Notary Public ____________ of__________ as Doc. No. ______, Page No. ____, Book No. ____; Series of 1990, of hisNotarial Register, I, A.B., have appointed C.D. as my Attorney-in-Fact, to exercise thepowers therein granted;

WHEREAS, the said power of attorney is no longer necessary;

WHEREFORE, I hereby revoke, cancel, and render the said Power of Attorney ofno further force and effect.

Makati, Metro Manila, ______________, 1998.

A.B.

WITNESSES

___________________ _________________

(Acknowledgement)

6. Contracts: (The important thing is that the document mustcontain the essential elements of consent object and consideration.)

a. Sale

DEED OF ABSOLUTE SALE


That, for and in consideration of the sum of __________, receipt of which ishereby acknowledged, A.B. Filipino, of legal age, married to C.D., and a resident of _________________, has sold, transferred and conveyed, and by these presents doeshereby sell, transfer and convey, unto E.F., Filipino, of legal age, single, and a resident of_______, the following described property


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(description of property)

IN WITNESS WHEREOF, the parties hereto have signed these presents, this____ day of ______, 1998.

A.B. E.F.Seller Buyer

With my marital consent:

C.D.

WITNESSES:

__________________ __________________

(Acknowledgement)

b. Lease

CONTRACT OF LEASE


This contract of lease, entered into by and between;

A.B., Filipino, of legal age, single, with resident at_____________ and hereafter called the LESSOR,

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C.D., Filipino, of legal age, single, with residence at____________ and hereafter called the LESSEE.

WITNESSETH:

THAT, for and in consideration of the rentals to paid, the LESSOR has herebyleased to the LESSEE, and the LESSEE hereby accepts the same in lease, the followingdescribed property;



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subject to the following terms and conditions:

1. Period of Lease

2. Rentals to be Paid

3. (Other terms and conditions)

IN WITNESS WHEREOF, the parties hereto have signed these presents, at____________, this _____ day of ______, 1998.

A. B. C. D. .Lessor Lessee

WITNESSES

_______________ ______________

(acknowledgement)

b. Donation inter vivos

DEED OF DONATION


This deed executed at Makati, Metro Manila, this ____ day of ___________, 1998, byand between:

A.B., Filipino, of legal age, single, a resident of ______________and hereafter called the DONOR.

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C.D., Filipino, of legal age, single, a resident of ______________and hereafter called the DONEE.

W I T N E S S E T H:

THAT, for and in consideration of the love which the DONORS bears for theDONEE, the DONOR hereby donates, transfers and conveys, unto the DONEE, thefollowing described property;


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THAT the DONEE hereby accepts the said donation and hereby expresses hisgratitude to the DONOR.

IN WITNESS WHEREOF, the parties hereto have signed these presents, at theplace and on the date abovementioned.

A.B. C.D.Donor Donee

WITNESSES:

_________________ _________________

(acknowledgement)

(NOTE: A donation mortis causa should be in the form ofa last will and testament)

d. Real Estate Mortgage

REAL ESTATE MORTGAGE


This deed of real estate mortgage, executed in the City of ______________ this ___day of _________, 1009, by and between:

A.B., Filipino of legal age, married to B.C., a resident of __________________ and hereafter called theMORTGAGOR;

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C.D., Filipino, of legal age, married to D.E., a resident of __________________ and hereafter called theMORTGAGEE;

W I T N E S S E T H:

That, for and in consideration of the loan extended by the MORTGAGEE to theMORTGAGOR, evidenced by a promissory note a copy of which is hereto attached asAnnex A and made an integral part hereof, and in order to secure the same, theMORTGAGOR hereby mortgages the following described property to theMORTGAGEE;


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subject to the following terms and conditions:

1. In the event that the MORTGAGOR shall fail to comply with his obligation underthe promissory note, Annex a hereof, then this mortgage may be foreclosed, judiciallyor extrajudicially as provided by law;

2. Other conditions.

IN WITNESS WHEREOF, the parties hereto have signed these presents at the place andon the date first abovementioned.

A.B. C.D.Mortgagor Mortgagee

With my marital consent:

B.C.WITNESSES:

____________ _____________

(acknowledgment)

e. Chattel Mortgage: (Basically the same as above, but add anAffidavit of Good Faith)

AFFIDAVIT OF GOOD FAITH

We severally swear that the foregoing mortgage was entered into to secure a trueand valid obligation and not for purposes of fraud.

Makati, Metro Manila, ____________, 1998.

A.B. C.D.

(Jurat)

f. Release of Mortgage

RELEASE OF MORTGAGE



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I, C.D., of legal age and a resident of ____________, having received the fullconsideration in the amount of __________ from A.B., of legal age and a resident of__________, do hereby release and discharge that certain deed of (real estate/chattelmortgage constituted in my favor over (a parcel of land covered by Transfer Certificate ofTitle No. _______ of the Register of Deeds of ____________ description of personalproperty) on _________ and acknowledged as Doc. No. ____; Page No. ____, Book No.____, Series of 1990 of Notary Public ________, and duly registered in the Register ofDeeds of _______ as per Primary Entry No. _______, Volume ______ of the Day Book of

the said Register of Deeds.

(Place & date of execution)

C.D.Mortgagee

WITNESSES:

_________________ ________________

(acknowledgment)

7. Last Will and Testament (Notarial)

LAST WILL AND TESTAMENT


That, I, X. Y., of legal age, and a resident of ___________, and being of soundand disposing mind and memory, do hereby execute this last will and testament, inEnglish a language familiar to me, and I do hereby DECLARE;

1. I hereby bequeth my house and lot located at _________ to my nephew A.B.

2. I hereby bequeth all my cars located at ______________ to my niece C.D.

3. I hereby bequeth all the rest of my properties to my children E, F., G., H., and I. J. inequal parts.

4. I hereby revoke any and all wills that may have heretofore been written by me.

5. I hereby designate A. B. to be the Executor of this, my last will and testament.


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IN WITNESS WHEREOF, I have signed these presents, at _____________ this_________ day of _____________, 1998.

X.Y.Testator

ATTESTATION

We, the undersigned attesting witnesses, whose residences are stated opposite ourrespective names, do hereby certify that the testator X.Y. has published unto us theforegoing will consisting of _____ pages, numbered correlatively in letters on the upperpart of each page, as his Last Will and Testament, and has signed the same and everypage thereof in our presence, and we, in turn, signed the same and every page thereof inthe presence of the testator and of each other.

K.L. (address)

M.N. (address)

O.P. (address)

(Acknowledgment)

a. Affidavit of Self-Adjudication

Republic of the Philippines)) S.S.

City/Municipality of ____ )_

AFFIDAVIT

I, ____________, of legal age and resident of ____________, after having been dulysworn in accordance with law, hereby depose and state:

1. That __________, Filipino citizen and a resident of __________, died at______________ on _________________, without a last will and testament;

2. That I am the sole heir of the said deceased, being his _______.;

3. That the said deceased left properties consisting of the following:

Description of Property Location Probable Value


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4. That, to the best of my knowledge, the said deceased deed without any debts; butif any debt should hereafter come to my knowledge, I hereby undertake to pay he same tothe extent of my inheritance;

5. That I hereby adjudicate the abovementioned properties left by the deceased tomyself as his sole heir.

FURTHER, AFFIANT SAYETH NAUGHT

Affiant

(Jurat)

b. Extrajudicial Settlement of Estate:

EXTRAJUDICIAL SETTLEMENT OF ESTATE

KNOW ALL MEN BY THESES PRESENTS:

This instrument, executed by and between A.B., of legal age and a resident of_____________ and C.D., of legal age and a resident of _______________.

WITNESSETH:

WHEREAS, the parties hereto are the children and sole heirs of E. F., a residentof _______________, who died intestate on ___________________,

WHEREAS, the said decedent left the following properties;

(description and location of properties)

WHEREAS, the said decedent left no debts;

NOW, THEREFORE, the parties hereto have adjudicated, and do herebyadjudicate, the above-mentioned properties of the decedent to themselves, in thefollowing manner;

To A.B., the following properties;

(description)

To C.D., the following properties;

(description)


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IN WITNESS WHEREOF, the parties hereto have signed these presents at_____________ on ___________, 1998.

A.B. C.D.

WITNESSES:

______________ ______________(Acknowledgment)

c. Notice of Extrajudicial Settlement (for publication):

NOTICE

Notice is hereby given that the estate of E.F. has been settled by means of (an Affidavitof Self Adjudication subscribed and sworn to by A before Notary Public __________ of_______ as Doc. No. ___, Page No. ___, Book No. ___, Series of ___ of his NotarialRegister) or (an Extrajudicial Settlement executed by A.B. and C.D. on _______ 1998,and acknowledged before Notary Public _______________ of ______________, as Doc.No. __ Page No. ___ Book No. ___, Series of _____ of his Notarial Register).

9. Corporate Forms:

a. Articles of Incorporation


That we, the undersigned, a majority of whom are residents of the Philippines, havethis day associated together for the purpose of forming a corporation under the laws ofthe Philippines,

AND WE DO HEREBY CERTIFY

FIRST: That the name of the corporation shall be __________

SECOND: That the purposes for which the said corporation is being formed are:

________________________________________________________________________________________________


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THIRD: That the place where the principal office of the corporation shall beestablished is __________________(specific address)_______;

FOURTH: That the term for which the corporation is to exist is 50 years from thedate of incorporation;

FIFTH: That the names, nationalities and residence addresses of the incorporators ofthe corporation are:

Name Nationality Address

SIXTH: That the number of directors of the said corporation shall be ____ and thenames, nationalities and addresses of the persons who re to serve as directors until theirsuccessors areelected and qualified as provided in the By-Laws are:

________________________________________________________

SEVENTH: That the authorized capital stock of the said corporation shall be ____________ PESOS, divided into __________shares with a part value of_____________PESOS per share.

EIGHTH: That the amount of capital stock which has been actually subscribed is______________ PESOS, and the following persons have subscribed to the number ofshares and amount of capital stock set forth after heir names:

Name Nationality Address No. of Shares AmountSubscribed

______ _______ _________ _________ P _______________ _______ _________ _________ _________

NINTH: That the following persons have paid on the shares of capital stock forwhich they have subscribed the amounts set out after their respective names:

Name Address Amount Pair onSubscription

__________ __________________ P ________________________ __________________ ______________

TENTH: That ________ has been elected by the subscribers as treasurer of thecorporation to act as such until his successor is duly elected and qualified in accordancewith the by-laws, and that as such, he has been authorized to receive for the corporationand to receipt in its name for all subscriptions paid in by said subscribers.


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IN WITNESS WHEREOF, we have signed these presents at __________, this ____day of _______, 2009.

(Signatures, Witnesses, Acknowledgment)

b. Treasurers Affidavit

______________, after having been duly worn, herby deposes and states: That on__________, 2009, he was duly elected as Treasurer of the ______________Corporationby the subscribers thereof, to serve as such until his successor shall have been dulyelected and qualified in accordance with the By-Laws; that as such treasurer, he has beenauthorized by the subscribers to receive for the corporation all payments made on thesubscriptions to the capital stock of the said corporation; that the said corporation has anauthorized capital stock of _____________ Pesos, divided into _______ shares with a parvalue of _____Pesos per share; that of the total number of authorized shares, _________shares of stock have actually been subscribed, and of the said subscription, the amount ofP_______ has been actually paid to him in cash and held by him in trust for the saidcorporation; and that at least twenty five percentum (25%) of the entire number ofauthorized shares of the corporation has been subscribed, and at lease twenty fivepercentum (25%) of the said subscription has been actually paid to him and received byhim for he benefit of he said corporation.

FURTHER AFFIANT SAYETH NAUGHT.

(Place and date of execution)

Affiant

(Jurat)

c. Proxy:

APPOINTMENT OF PROXY


That, I, A.B., of legal age and a resident of __________, have appointed C.D., oflegal age and a resident of __________, to be my proxy and in my name, place stead, tovote my shares at the stockholders meeting of XYZ CORPORATION to be held on____________________, and at all adjournments thereof.

IN WITNESS WHEREOF, I have signed these presents, at ___________, this_______ day of __________, 1998.


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A.B.

(Witnesses, Acknowledgment)

d. Secretarys Certificate:

SECRETARYS CERTIFICATE OF BOARD RESOLUTION


THAT, I, B.C., Corporate Secretary of XYZ Corporation, do hereby certify that atthe meeting of the Board of Directors of the said corporation on ____________, at whicha quorum was present, the following resolution was unanimously approved:

RESOLVED, that a current account be opened for the funds of the corporationwith the Far East Bank & Trust Co., and any two of the following officers of thecorporation, to wit: A.B., C.D., E.F. and G.H., are, as they are hereby, authorized to signany and all checks for the withdrawal of funds from the said account.

B.C.

IN WITNESS WHEREOF, I have signed these presents affixed the corporateseal, at ________ this ____ day of _____, 1998.

(Jurat)

e. Directors Certificate of Increase of Capital Stock

CERTIFICATE OF INCREASE


THAT we, a majority of the directors of XYZ CORPORATION, do herebycertify:

1. That at the meeting of the stockholders of the said corporation held on___________, at which stockholders holding __________ shares out of the corporations_________ shares issued and outstanding were present, the authorized capital stock ofthe corporation was increased from __________ to _________;


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2. That the amount of the increase is ____________;

3. That of the said increase, the amount of ____________ was subscribed, and thenames of the subscribers, the amount subscribed by each, and the amount paid on theirsubscriptions are as follows:

(Names, Amounts subscribed, Amount Paid)

4. That the vote authorizing the said increase was ______ shares, which is at leasttwo thirds of the entire capital stock subscribed;

5. That the actual indebtedness of the corporation as of the date of the meetingwas P_____________ and the company has no bonded indebtedness;

IN WITNESS WHEREOF, we have signed these presents, at __________, this____ day of ________, 1998.

(Directors)

10. Negotiable Instrument:

a. Promissory Note:

On demand, I hereby promise to pay to the order of X the sum ofP1,000.00.

Makati, Metro Manila, August 1, 1997.

Yb. Bill of Exchange:

At sight, pay to the order of X the sum of P1,000.00.


YTo: Z

c. Notice of Dishonor:

To ______________


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Please take note that on this day, ___________, 1998, a billof exchange dated _________, 1997, drawn by you in favor of _____________ or order, ________ for P_______, payable _______ after __________, has been dishonored for non-acceptance (or non-payment) and protested, and that I look to youfor payment thereof.

II PLEADINGS

---------------------

A. Civil Actions:

1. General Form:

(caption)

REPUBLIC OF THE PHILIPPINES(court)(Place)

(Parties)JUAN DE LA CRUZ,

Plaintiff,

- versus - Civil Case No. _____

JOHN DOE and RICHARD ROE,Defendants.

X - - - - - - - - - - - - - - - - - - - - - - X

(TITLE)

__________, through undersigned counsel, respectfully alleges:

(Body)

(Prayer)

WHEREFORE, it is respectfully prayed that :

a) Specific prayer

b) General prayer for such other and further reliefs as may be just or equitable underthe premises.


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SignaturePEDRO REYES

Counsel for the _____(address)

IBP OR No.

PTR OR No.

(Verification and Certification on Non-Forum Shopping if required )

I, ____________________________, of legal age, _________________________, ___________________ and a resident

(citizenship) (civil status)of ___________________________________, after having been duly sworn to inaccordance with law, hereby, depose and say:

1. That I am the ___________ in the above-entitled case andhave caused this _____________________ to be prepared:that I read and understood its contents which are true andcorrect of my own personal knowledge and/or based onauthentic records;

2. That I have not commenced any action or proceedinginvolving the same issue in the Supreme Court, the Courtof Appeals or any other tribunal or agency; that to thebest of my knowledge, no such action or proceeding ispending in the Supreme Court, the Court of Appeals orany other tribunal or agency, and that, if I should learnthereafter that a similar action or proceeding has beenfiled or is pending before these courts or tribunal oragency, I undertake to report that fact to the Court withinfive (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of____________________, 200__.

__________________Affiant

(Jurat)


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Need to be verified:1. Petition for relief from judgment or order2. Appeal by certiorari from CA to SC3. Complaint with prayer for preliminary attachment4. Complaint for injunction5. Complaint for replevin

6. Petition for certiorari7. Petition for prohibition8. Petition for mandamus9. Petition for quo warranto

10. Complaint for forcible entry or unlawful detainer11. Complaint for expropriation12. Petition for appointment of general guardian13. Petition for leave to sell or encumber property of estate or guardian14. Petition for declaration of competency of the ward

15. Petition for habeas corpus16. Petition for change of name17. Petition for voluntary dissolution of a corporation18. Petition for cancellation or correction of entries in the civil registry

19. Petition to take deposition in perpetuam rei memoriam (before action or pendingappeal)

20. Motion to set aside a default order of an inferior court21. Motion for dissolution of preliminary injunction on the ground of irreparable damage to

the movant while the adverse party can be fully compensated

22. Petition for appointment of receiver23. Petition for review of the decision of an RTC in cases within the exclusive original

jurisdiction of the inferior court, by and elevated to the CA24. Petition for review from the CTA and quasi-judicial agencies to the CA25. Petition for annulment of judgments or final orders and resolutions26. application for support pendente lite27. petition for indirect contempt28. petition for voluntary judicial dissolution of a corporation

petitions filed in the inferior courts in cases covered by the rule on summaryprocedure

Need not be verified but must be under oath:1. denial of genuineness and due execution of an actionabledocument2. denial of allegations of usury3. answer to written interrogatories4. answer to request for admission

Supporting affidavits or affidavits of merits required:1. motion to postpone for absence of evidence2. motion to postpone for illness of party or counsel3. motion for summary judgment or opposition thereto4. motion for new trial on the ground of fraud, accident,mistake, or excusable negligence or opposition thereto5. petition for relief from judgment or order6. Third party claim7. Motion for preliminary attachment8. Motion for dissolution of preliminary injunction

9. Application for writ or replevin10. Claim against the estate of a decedent11. Motion for new trial on the ground of newly discoveredevidence in criminal cases.

(Copy Furnished):

(explanation if sent by mail)


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Service on ____________ was not personally because his office

is in another locality.

__________________Counsel

2. Complaint:

(Caption)

PLAINTIFF, through undersigned counsel, respectfully alleges:

1. That plaintiff is of legal age and a resident of 21 J.P. Laurel St.,Manila, while defendant is a corporation organized and existing under thelaws of the Philippines, with principal office at 123 Ayala Avenue,Makati, Metro Manila, where he may be served with summons;

2. etc. Allegations of the ultimate facts, divided into causesof action if more than one.

3. This claim has been referred to the appropriate barangayauthorities but no settlement was reached between the parties. ACertificate to File Action was issued to the plaintiff, the original of whichis attached hereto.

Or

4. The parties are not covered by the barangay mandatoryconciliation process under the Local Government Code of the Philippines.

Prayer

WHEREFORE, it is respectfully prayed that judgment be renderedordering the defendant to ________________________________..

Plaintiff prays for such other and further reliefs as may be just or equitableunder the premises.

Manila, ___________, 1998.

XYZCounsel for the Plaintiff


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(Certification against Forum Shopping)

2 a. Statement of Claim in a Small Claims Case

REPUBLIC OF THE PHILIPPINES

___________________________________________________________

_________________,Plaintiff,

versus Civil Case No. __________For: __________________

__________________,Defendant/s

STATEMENT OF CLAIM

Plaintiff respectfully alleges:

1. The personal circumstances of the parties are as follows:

NAME OF PLAINTIFF/S SEX AGE CIVIL STATUS___________________________ ____ ____ ______________

INDIVIDUAL __ CORPORATE __ PARTNERSHIP__ SOLE PROPRIETORSHIP__

NAME OF REPRESENTATIVE _________________________________

ADDRESS: ZIP CODE ___________________________________ _____________ ____________

2. Plaintiff is suing defendant for:-

CAUSE OF ACTION

______ Collection of Sum of Money______ Damages______Civil Aspect of Criminal Case______Enforcement of Barangay Agreement

3. Plaintiffs cause of action arose from and is evidenced by:


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ACTIONABLE DOCUMENTS AFFIDAVITS

_____ Promissory Note/Undertaking How Many _____________ Contract/Agreement_____ Receipt_____ Others

4. The principal obligation of defendant/s amounting to P_______________ becamedue and demandable on ____________. Interest at the rate of _____% per annum/per monthaccrued on the principal sum due from such date of default.

5. Despite demands by plaintiff, the latest of which was on _________________,defendant has failed to pay the obligation.

6. _____ (a) This claim has been referred to the appropriate barangay authorities but nosettlement was reached between the parties. A Certificate to File Action was issued to theplaintiff, the original of which is attached hereto.

______ (b) The parties are not covered by the barangay mandatory conciliationprocess under the Local Government Code of the Philippines.

Pray

WHEREFORE, plaintiff respectfully prays for judgment to be rendered orderingdefendant to pay plaintiff the amount of P_________ with interest at the rate of _____%Per annum/per month, from ______________ until fully paid.

________________________, _________, 20__PLACE WHERE FILED

PLAINTIFF

(Verification and Certification of Non-Forum Shopping)

3. Answer:

(Caption)

DEFENDANT, through the undersigned counsel respectfully alleges:

(admission & denials)


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1. That paragraphs 1, 2 and 3 of the complaint are admitted.

2. That 4, 5, and 6 are specifically denied.

3. (Special & Affirmative Defenses)

4. (Counterclaim and/or Cross-Claim)

WHEREFORE, it is respectfully prayed that judgment be rendereddismissing the complaint, and, on the counterclaim, ordering the plaintiff to______________________________

Defendant prays for such other and further relief as may be just orequitable under the premises..

_________________, 1991.

ABCCounsel for the Defendant

(address)

(Certification of Non-Forum Shopping is counterclaim is permissive)

Copy Furnished: (Explanation if sent by mail)

______________________

3a. Response in a Small Claims case.

(Caption)

RESPONSE

Defendant/s respectfully allege/s:

1. Defendant admits all the allegations in paragraphs ______ of the Statement ofClaim.

2. Defendant specifically denies all the allegations in paragraphs ________ of theStatement of Claim.


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3. Defendant opposes the grant of the prayer in the Statement of Claim for thefollowing reasons as supported by the attached documents and affidavits;

(enumerate defenses)

4. As the Statement of Claim is baseless, defendant is entitled to the followingcounterclaims:

_____ Actual Damages of P ______________________ Moral Damages of P _______________________Exemplary Damages of P _______________________ Cost of Suit P _________________

Prayer

WHEREFORE, defendant respectfully prays for judgment to be rendered dismissingthe Statement of Claim, and granting the counterclaims, ordering plaintiff to paydefendant the following sums:

______ Actual Damages P ______________________ Moral Damages P _______________________ Exemplary Damages P _______________________ Costs of suit P ________________

(Place and Date)

Defendant

(Verification, and Certification of Non-Forum Shopping if with permissive counterclaim)

4. Motion to Dismiss:

(caption)

Defendant, through undersigned counsel, respectfully moves for thedismissal of the Complaint, on the following ground (s);

1. That this Honorable Court has not jurisdiction over the subject matterof this case;

(Brief Discussion)

WHEREFORE, it is respectfully prayed that the Complaint be dismissed.

Manila, August 1, 1998.

Counsel for the Defendant


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NOTICE OF HEARING

Atty. ___________Counsel for the Plaintiff

Greetings:

Please be notified that on _____________, 1998, at ______ a.m., theundersigned counsel will submit the foregoing motion to the Honorable Court forits consideration and resolution.

Counsel for the Defendant

5. Motion to Declare in Default:

(caption)


1. That summons in this case was duly served on defendant on ______;

2. That notwithstanding the lapse of more that 15 days from the said date,the defendant has not filed an answer to the complaint;

WHEREFORE, it is respectfully prayed that defendant be declared indefault and that plaintiff be allowed to present evidence ex parte.

Manila, August 1, 1998.

Counsel for the Plaintiff

(Notice of Hearing)

6. Request for Admission:

(Caption)

To Mr. ________(address)

Pursuant to Rule 26 of the Rules of Court, you are hereby requested toadmit the following facts for the purpose of this pending action only:

(Proposals for admission)


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Very truly yours,

______________

7. Notice For Taking of Deposition:

(caption)

To Atty. _______(Address)

S i r :

Please take notice that on ____________, 1998 at _____ a.m., at ______,the undersigned counsel will take the deposition upon oral examination of ___________________ who resides at ______________, before Notary Public _____.The oral examination will continue from day to day, at the same place and time,until completed.

Manila, August 1, 1998.__________________

8. Notice of Appeal:

(caption)

__________, through undersigned counsel, respectfully gives notice that itis appealing from the Decision of this Honorable Court dated _________, 1998, acopy of which was served on the plaintiff only on __________, 1998, to the Courtof Appeals, on questions of fact and law.

Manila, _________ 1998.

ABCCounsel for the Plaintiff

(Address, IBP, PTR)

9. Motion for Execution

(Caption)


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Plaintiff, through undersigned counsel, respectfully alleges:

1. That on ____________, this Honorable Court rendered a Decision, thedispositive portion of which states as follows:

(copy)

2. That a copy of said decision was served on counsel for the defendant on____________, and no appeal has been taken therefrom (or that an appeal wastaken to the Court of Appeals, but on _____________ the said appeal wasdenied).

3. That the said decision is now final and executor, and is unsatisfied.

WHEREFORE, it is respectful prayed that a writ of execution be issued forthe enforcement of the aforesaid decision of this Honorable Court.

(Place and date)


(Notice of Hearing)

B. Special Civil Actions

1. Interpleader

Republic of the Philippines(Court)(Venue)

A.B.,Plaintiff,

- versus - CIVIL CASE NO. ______

C.D. and D. E.,Defendants.

X - - - - - - - -- - - - - x

COMPLAINT



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1. (Averment of names and addresses)

2. That plaintiff is indebted to F.H. in the amount P___________, whichis due and payable on _____________.

3. That F.H. died on _________ leaving defendants as his sole heirs;

4. That defendants have already partitioned the estate of F.H. but withoutspecifying to whom plaintiffs indebtedness would pertain;

5. That both defendants claim that each is solely entitled to payment fromthe plaintiff;

6. That plaintiff has no means of knowing to whom the indebtedness sshould be paid.

WHEREFORE, it is respectfully prayed that the defendants be ordered tointerplead and litigate their conflicting claims between them, ordering the plaintiffto make payment to this court, and thereafter rendering judgment as to whom ofthe defendants is entitled to such payment.

(Place, date and signature)

2. Declaratory Relief

Republic of the Philippines(court)(venue)

A.B.,Petitioner,

- versus - CIVIL CASE NO. _______ For: Declaratory Relief

Municipal Council andMunicipal Mayor of__________________,

Respondents.x - - - - - - - - - - - - - - - - x

P E T I T I O N

PETITIONER, through undersigned counsel, respectfully alleges:



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2. That, on ___________, the Municipal Council of __________ passedand promulgated the following tax ordinance, and the respondent MunicipalMayor approved the same;

(Quote)

3. That the said ordinance is invalid for the following reasons:

(Arguments)4. That the petitioner is a resident of the Municipality of ______ and his

rights are affected by the said ordinance.

WHEREFORE, it is respectfully prayed that judgment be rendereddeclaring the aforesaid municipal ordinance to be invalid ab initio.

(place, date and signature)

3. Certiorari, Prohibition, Mandamus

Republic of the Philippines(court)(venue)

A.B.,Petitioner,

- versus - CIVIL CASE NO. _______

C.D.,Respondent.

X - - - - - - - - - - - - - - x

P E T I T I O N


(Nature of the Proceeding)

1. This is a petition for _____________________ against the Order of therespondent, a certified true copy of which is hereto attached as Annex A hereof;

Statement of Facts



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3. (Allegations of facts; to be supported by certified true copies ofpertinent pleadings.)

Arguments

4. That, in issuing the aforesaid order, the respondent acted (without

jurisdiction, in excess of jurisdiction, with grave abuse of discretion) for thefollowing reasons:

(arguments)

5. That petitioner has no other plain, speedy and adequate remedyin the ordinary course of law, against the respondent, except theremedy herein prayed for;

6. (In petitions to the Supreme Court and the Court of Appeals)That the petitioner hereby certifies under oath that he has not commenced anyand other action or proceeding involving the same issues before the SupremeCourt, the Court of Appeals, or different Divisions thereof, or any other tribunalor agency, and that to the best of his knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisionsthereof, or any other tribunal agency, and that if he should learn a similar actionhas been filed or is pending before the Supreme Court, the Court of Appeals ofdifferent Divisions thereof, he will notify the court about it within five (5) daysfrom notice. (OR, if there is any other action pending, state the status of thesame).

WHEREFORE, it is respectfully prayed that (relief desired).

(Place, date and Signature)

(Verification)

4 Complaint for Forcible Entry

REPUBLIC OF THE PHILIPPINESMunicipal Trial Court

________________________

__________________,Plaintiff,


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versus Civil Case No.For: Forcible Entry

___________________,Defendant/s

COMPLAINT

Plaintiff, through undersigned counsel, respectfully alleges:

1. (personal circumstances of the parties)

2. That plaintiff has been in peaceful possession of a piece of land (orhouse) located in __________________ since ____________________ , until theoccurrence of the events alleged in the succeeding paragraphs;

3. That, on ___________________, by means of (force, intimidation,strategy , threats or stealth), the defendant/s unlawfully entered the said propertyand deprived the plaintiff of the possession thereof;

4. That the plaintiff has demanded that the defendant/s vacate the saidpremises, the last demand, a copy of which is hereto attached as Annex hereof, having been made on _______________, but the defendant/s refused tocomply with the same.

5. That until the present, the defendant/s has/have remained inunlawful possession of the premises.

6. That the reasonable rental value of the premises in question isP_______________ a month.

7. That due to the defendants unjustified failure to comply with plaintiffsplainly just demand, plaintiff was compelled to retain the services of counsel toenforce his rights, and to incur expenses in the amount of P____________ asattorneys fees.

Prayer

WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered ordering the defendant/s to vacate the premises in question andrestore possession of the same to the plaintiff, and to pay the plaintiff reasonablerental of P______ per month from ___________________ until the date that theyactually vacate the premises, and P_____________ as attorneys fees.

Place and date



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C. Special Proceedings

1. . Petition for Probate of a Will

Republic of the PhilippinesRegional Trial Court

___________________

In Re: Probate of the Last Willand Testament of __________,

Spec. Proc. No. __________________________________,

Petitioner.

PETITION


1. The jurisdictional facts.

(a. Execution of the will, to be attached if availableb. Death of the testator or the fact that the testator is seeking probate

of his will during his lifetime)

2. The names, ages, and residences of the heirs, legatees and devisees of thetestator.

3. The probable value and character of the property of the estate

4. The name of the person for whom letters testamentary are prayed.

5. If the will has not been delivered to the court, the name f the person havingcustody of it (Sec. 1, Rule 76, Revised Rules of Court).


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Prayer

WHEREFORE, it is respectfully prayed that the last will and testament ofthe testator _____________ be probated or allowed, and that if testator alreadydead) letters testamentary be issued to ________________ as Executor of the saidwill of the deceased.

(Counsel for the Petitioner)

(Certificate of Non-Forum Shopping)

2. Petition for Guardianship

(Venue)

In Re Guardianship of___________________

Sp. Proc. No. ______________________________

Petitioner.

PETITION

PETITIONER, through undersigned counsel, to this Honorable Courtrespectfully alleges:

1. The jurisdictional facts2. The minority or incompetency rendering the appointment necessary or

convenient.3. The names, ages, and residences of the relatives of the minor or

incompetent, and of the persons having him in their care.4. The probable value and character of his estate5. The name of the persons for whom letters of guardianship are prayed.

(Sec. 2, Rule 83, Revised Rules of Court)

Prayer

WHEREFORE, it is respectfully prayed that petitioner be appointed asguardian of the person and/or properties of _____________, and that letters ofguardianship be issued to him.

Counsel for the Petitioner


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3. Petition for Writ ofHabeas Corpus

Republic of the Philippines(Court)

IN THE MATTER OF THEPETITION FOR THE HABEASCORPUS OF ______________,

SP. PROC. NO. ___________

__________________________,Petitioner,

__________________________,Respondents.

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

P E T I T I O N

PETITIONER, through undersigned counsel, respectfully alleges;

1. (Averment of names, ages and addresses)

2. That, on ____________________, petitioner was taken from hisresidence by persons posing as agents of the NBI, and has since then been confined, restrained and deprived of his liberty at the NBIheadquarters in Manila;

3. That in spite of the fact that petitioner has been confined for ____days, no formal complaint or accusation for any specific offense has been filedagainst him nor any judicial writ or order for his commitment has been issued sofar;

4. That petitioner did not commit any offense for which he may bearrested or deprived of his liberty without any formal charge or judicial warrant;

5. That according to the best of the knowledge of the petitioner, he is nowbeing unlawfully detained and deprived of liberty by the respondents whose officeis at the NBI headquarters, Manila;

6. That the confinement of the petitioner as above narrated is illegal.


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WHEREFORE, is it respectfully prayed that the said officers___________ and _________________, or whoever acts in their place and stead,be directed to appear before this Honorable Court and produce the body of the petitioner, and explain forthwith why petitioner should not be set at libertywithout delay.

Place and date.



4. Petition for Writ ofAmparo

REPUBLIC OF THE PHILIPPINES______________________________________________________

______________________,Petitioner,

versus Sp.. Proc. No. ___________

_______________________,Respondents.

PETITION


1. (Personal circumstances of the petitioner)

2. (Name/s and personal circumstances of the respondent/s responsible for thethereat, act or omission, or, if the name is unknown or uncertain, the respondent/s my bedescribed by an assumed appellation.)

3. (The right to life, liberty and security of the aggrieved party violated or threatenedwith violation by an unlawful act or omission of the respondent/s, and how such threat orviolation is committed with the attendant circumstances detailed in supporting affidavits.)

4. (The investigation conducted, if any, specifying the names, personal circumstances,and addresses of the investigating authority or individuals, as well as the manner andconduct of the investigation, together with any report.)


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5. The actions and recourses taken by the petitioner to determine the fate orwhereabouts of the aggrieved party and the identity of the person responsible for thethreat, act or omission.)

Prayer

(a) Specific relief grant of the privilege of the writ and such other reliefs as may beproper and appropriate.

(b) General relief such other reliefs as may be just or equitable

Place and date.



5. Petition for Writ ofHabeas Data

REPUBLIC OF THE PHILIPPINES____________________________________________________________

_____________________,Petitioner,

versus Sp. Proc. No. _________

_____________________,Respondent/s.

PETITION

Petitioner, through undersigned counsel, respectfully alleges:

1. (Personal circumstances of the petitioner and the respondent/s)

2. (The manner the right to privacy is violated or threatened and how it affects theright to life, liberty or security of the aggrieved party.)

3. ( The actions and recourses taken by the petitioner to secure the data orinformation.)


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4. (The location of the files, registers or databases, the government office and theperson in charge, in possession or control of the data or information, if known.)

Prayer

a. . (The relief prayed for, which may include the updating, rectification,suppression or destruction of the database or information or files kept by the respondent.

In case of threats, the relief many include a prayer for an order enjoing the actcomplained of)

b. (Such other reliefs as are just and equitable)

Place and date.


(Verification and Certificate on Non-Forum Shopping)

6. Petition for Change of First Name pursuant to RA 9048

Republic of the PhilippinesOffice of the Local Civil Registrar

Municipality of ____________

Re: Petition for Correction of First Name

_____________________________Petitioner.

P E T I T I O N

Petitioner _____________________ respectfully alleges:

1. That she was born in the Municipality of _________________, Province of_________ on _____________, as the legitimate child of _____________________ and______________________.

2. That when her parents registered her birth in the Civil Registry of____________, she was given by her parents the first name of Dulce. A certified truecopy of her Birth Certificate is hereto attached as Annex hereof;


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3. That, however, when she was baptized one month later, her parents gave her thefirst name of Consolacion, because Dulce was not acceptable to the Parish Priest, notbeing a Christian name. A true copy of her Baptismal Certificate is hereto attached asAnnex Bhereof;

4. That, since her childhood until the present, she has been using the first nameConsolacion. Attached hereto are copies of the following documents showing her use

of the first name Consolacion:

Annex C- her Confirmation CertificateAnnex D- her elementary school diplomaAnnex E- her high school diplomaAnnex F- her Voters IDAnnex G- her Marriage ContractAnnex H- her drivers license

5. That she discovered her registered first name of Dulce only recently when sheapplied for a passport, and she would like to have it changed to Consolacion in order tovoid confusion. .

WHEREFORE, pursuant to Republic Act No. 9048, petitioner respectfully praysfor the change of the first name Dulce in her Birth Certificate registered in the CivilRegistry of this municipality, to Consolacion .

Place and date

Petitioner

(Verification).

7. Petition for Correction of Entry in Civil Registry

Republic of the PhilippinesRegional Trial Court

City of Manila

IN RE: Petition for Correction ofEntry in Civil Registry

Trinidad Medina,Petitioner.

Local Civil Registrar of Manila,Respondent/


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PETITION

PETITIONER, through undersigned counsel, to this Honorable Court respectfullyalleges:

1. That petitioner is a Filipino, of legal age, and a resident of _________________. Respondent Local Civil Registrar of Manila is hereby made a

respondent because it keeps the Registry of Births herein sought to be corrected.

2. That petitioner was born in the City of Manila on ___________, as thelegitimate son of ___________ and __________________.

3. That five (5) days after his birth, his birth was registered in the Civil Registryof Manila and his parents gave him the name Trinidad Medina, ion honor of the HolyTrinity. A certified true copy of her Birth Certificate is hereto attached as Annex hereof.

4. That, perhaps due to his first name, the clerk who prepared the said BirthCertificate erroneously stated his sex therein as Female, when in truth and in fact he isa Male.

WHEREFORE, it is respectfully prayed that, after due hearing, judgment berendered ordering the respondent to correct the Birth Certificate of the petitioner in theCivil Registry of Manila, by placing his sex as Male instead of Female.

Place and date.



D. Criminal Actions

1. Information:

REPUBLIC OF THE PHILIPPINESMETROPOLITAN TRIAL COURT

MANILA

THE PEOPLE OF THE PHILIPPINES,Plaintiff,

- versus - CRIM. CASE NO. _____ For Acts of Lasciviousness


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____________________,Accused.

X - - - - - - - - - - - - - - - - - - - - - - - - - - x

INFORMATION

The undersigned accuses _______ of the crime of Acts of Lasciviousness,committed as follows:

That on or about the 1st day of August, 1991, at the Greenbelt Theater,Legaspi Village, Makati, Metro Manila, and within the jurisdiction of thisHonorable Court, said accused did then and there willfully, unlawfully andfeloniously commit acts of lasciviousness upon the person on one _________, bythen and there embracing and kissing her and touching her private parts, againstthe latters will and by means of force and intimidation.

Contrary to Law.


__________________Public Prosecutor

I hereby certify that a preliminary investigation has been conducted in thiscase under my direction, having examined the witnesses under oath, that a primafacie case exists and that the accused is probably guilty thereof.

Public Prosecutor

Documents

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