Rednotes Forms

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San BedaCollege of Law

L E G A L E T H I C S&

P R A C T I C A L E X E R C I S E S

REPUBLIC OF THE PHILIPPINES)QUEZON CITY ) S.S.

ACKNOWLEDGMENT

CHATTEL MORTGAGE (1999, 1997)

Question No. 2:Document a chattel mortgage covering a motor vehicle.

Answer:CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

That I, Wendy Dayandayan, of legal age, married and resident of the City of Manila for andin consideration of the loan of FIFTY THOUSAND PESOS (P50,000.00), Philippine Currency, grantedto me by Rem Tugadi, likewise of legal age, married and resident of the City of Manila, to be paidone year after date with 6% interest per annum from date hereof, have transferred and conveyedby way of chattel mortgage unto said Rem Tugadi, his heirs, successors and assigns, free from allliens and encumbrances, that certain motor vehicle at present in my possession in myaforementioned address, more particularly described as follows:

(Description of motor vehichle)

of which I am the true and absolute owner, my title thereto being evidenced by Registration

Certificate of Motor Vehicle issued in my name by the Land Transportation Office, Quezon City onJanuary 10, 2002.

This chattel mortgage is being executed in order to secure the full and faithful payment ofthe aforementioned obligation in accordance with the terms and conditions of this instrument. Thecondition of this mortgage is such that if the said MORTGAGOR, his heirs, executors, oradministrators shall well and truly perform the full obligation above stated, then this contract shallbecome null and void; otherwise, it shall continue to be in full force and effect and may beforeclosed in accordance with law.

IN WITNESS WHEREOF, I have hereunto set my hand on this instrument, in the City ofManila, this 28th day of September 2003.

WENDY DAYANDAYAN(Mortgagor)

Signed in the presence of:

CATHERINE BULSECO RICA DURAN

ACKNOWLEDGMENTAFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoingchattel mortgage is made and executed for the purpose of securing the obligation specified

therein, and for no other purpose, and that the same is a just and valid obligation, and one notentered into for the purposes of fraud.

WENDY DAYANDAYAN REM TUGADI(Mortgagor) (Mortgagee)

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L E G A L E T H I C S &P R A C T I C A L E X E R C I S E S

2005 CENTRALIZED BAROPERATIONS

JURAT

DEED OF SALE OF REAL PROPERTY (1979, 1983, 1984, 1989, 1991)

Question No. 3:Harry Dy, married to Margaret Dy, sold their parcel of land located in Ayala Heights,

Quezon City to Stephanie Uy for the amount of P5,000,000.00. The land is more particularlydescribed in Transfer Certificate of Title No. 45678 in the Registry of Deeds of Quezon City.The parties agreed that all expenses for taxes, registration, transfer and association dues arefor the account of Stephanie Uy. Prepare the contract of sale. Use a fictitious name for thenotary public.

Answer:DEED OF ABSOLUTE SALE OF REAL PROPERTY


For and in consideration of the sum of FIVE MILLION PESOS (P5,000,000.00), Philippinecurrency, receipt of which is hereby acknowledged, I, HARRY DY, married to MARGARET DY, Fiipinocitizen, of legal age, and resident of No. 12 San Andres, Manila, hereinafter known as VENDOR,hereby SELL, TRANSFER AND CONVEY unto STEPHANIE UY, widow, Filipino citizen, of legal age andresident of 15 CM Recto Street, Quezon City, hereinafter known as VENDEE, that certain parcel ofland located at Ayala Heights, Quezon City, with an area of 500 square meters, more or less,covered by Transfer Certificate of Title No. 341342 of the Registry of Deeds of Quezon City, freefrom all liens and encumbrances. The VENDEE undertakes to pay all taxes, registration, transferfees, village association dues, and all other expenses attendant to the registration of this deed andtransfer of the property in her name.

IN WITNESS WHEREOF, we have hereunto signed this deed of absolute sale in Quezon Cityon this 29th day of September 2002.

HARRY DY STEPHANIE UY Vendor Vendee

With my Marital Consent:(Sgd) MARGARET DY


HEART EVANGELISTA ANNE CURTIS

ACKNOWLEDGMENT

RELEASE AND WAIVER (1987)

Question No. 4:Your client Brandy Pitt was the victim of a hit and run car owned by Sharon Olba and

driven by Jenny Aniston. After you had taken the steps to file the required court actionsagainst Sharon Olba and the driver, your client was convinced by the car owner to accept a sumof money by way of settlement. Since the amount offered was fair and reasonably covered allthe expenses incurred, your client accepted the offer. Prepare the document of Release andWaiver that in your opinion will best protect the interest of your client, the victim, and willlikewise be legally sufficient and acceptable to the car owner and his driver.Answer:

RELEASE AND WAIVER

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I, Brandy Pitt, Filipino citizen, of legal age and resident of 7 Kitanlad, Quezon city, afterhaving been duly sworn in accordance with law hereby state:

1. That as a result of a motor vehicle accident which occurred on November 1, 1987 in QuezonCity, when I was hit by a car driven by Jenny Aniston and owned by Sharon Olba, I filed acriminal and civil complaint against both Jenny Aniston and Sharon Olba in the RegionalTrial Court of Quezon City;

2. That after verifying the facts, I realized that said Jenny Aniston was not altogether recklessin driving said vehicle;

3. That in order to settle the case amicably and since the owner of the car Sharon Olba hadoffered to pay the sum of P10,000 for all the medical expenses and the losses that Isustained, which I hereby acknowledge, I am withdrawing my complaint in both civil and

criminal cases filed in the Regional Trial Court of Quezon City (Civil Case No. 497 andCriminal Case no. 5179);

4. That by virtue thereof, I hereby waive any and all claims, criminal or civil, against saidperson, and further release and discharge them from any and all liability.

IN WITNESS WHEREOF, I have hereunto set my signature this 27th day of November, 1987.Quezon City, November 29, 1987.

BRANDY PITT

JURAT

SPECIAL POWER OF ATTORNEY (1986, 1992)

Question No. 5:Prepare a special power of attorney for Mr. John Cruz, Filipino, married and a resident

of Jolo, Sulu, empowering Bea Lucero, Filipino, married and a resident of No. 5 SantolanStreet, Quezon City, to collect for one year starting March 1, 1987 Mr. Cruzs pension checksfrom the Social Security System, SSS Building, Quezon City, and to encash and pay the proceedsof the pension checks to Blue Chips Corporation, with offices at Quezon Circle, Diliman,Quezon City, until the full amount of P12,000.00 has been paid.

Answer:

SPECIAL POWER OF ATTORNEY


That I, JOHN CRUZ, of legal age, Filipino, married and a resident of Jolo, Sulu have named,constituted and appointed and by these presents, do hereby name, constitute and appoint BEALUCERO, of legal age, Filipino, married and a resident of No. 5, Santolan Street, Quezon City , tobe my true and lawful attorney-in-fact, for me and in my name, place and stead, do and performthe following:

1. To collect for the next 12 months, starting March 1, 1987, my pension checks from theSocial Security System, SSS Building, Quezon City;

2. To encash the said checks and pay the proceeds thereof to Blue Chips Corporation,located at Quezon Circle, Diliman, Quezon City, until the full amount of P12,000 is fully paid to thelatter.

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Hereby giving and granting unto my said attorney-in-fact power and authority to do everyact necessary and requisite in connection with the foregoing premises, hereby ratifying andconfirming all that he may do by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my signature this 1st day of March, 1987.

JOHN CRUZ


MIKE ARROYO GLORIA RAMOS

ACKNOWLEDGMENT

WILLSAND TESTAMENT

HOLOGRAPHIC WILL (1986, 1988)

Question No. 6:You are Paolo Bondoc, a resident of Vigan, Ilocos Sur. Prepare a simple Holographic Will

disposing of all your properties, whether real, or personal, or mixed, in favor of your wife NinaBondoc and your two children, Jimmy Bondoc and Kyla Bondoc.

Answer:

NOTE: The following sample of holographic will should be understood as entirely handwritten,

dated and signed.

In the name of God, Amen.

I, Paolo Bondoc, resident of Vigan, Ilocos Sur, sixty years of age, and of a sound anddisposing mind, hereby declared this to be my last will and testament;

1. I give and devise to my children, Jimmy Bondoc and Kyla Bondoc, pro indiviso, myfishpond in Malabon City and covered by Certificate of Title No. 4572842, of theRegister of Deeds of the City of Malabon;

2. The net residue of my estate, real and personal, after payment of just debts, I give,bequest and devise to my wife, Nina Bondoc.

Vigan, Ilocos Sur, December 3, 1986.

Paolo Bondoc

PETITION FOR PROBATE OF THE HOLOGRAPHIC WILL (1988)

Question No. 7:Draft a petition for the probate of Don Mando Paquiaos will.

Answer:

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTBranch I, Manila

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SP. Proceedings No. 1

IN RE: PETITION FOR THE PROBATE OF THE HOLOGRAPHIC WILL OF MANDO PAQUIAO,MELDA PAQUIAO, PETITIONER

COMES NOW, the petitioner through undersigned counsel, and to this Honorable Courtrespectfully alleges:

1. That petitioner is a Filipino citizen, residing at No. 4 Taft Avenue, Manila and the widow of thedeceased MANDO PAQUIAO;

2. That on December 1, 1987, MANDO PAQUIAO died in Manila, where he last resided;

3. That on September 30, 1987 he executed a holographic will in his own handwriting in English, alanguage known to him. A copy of said holographic will is hereto attached as Annex A, as his lastwill and testament;

4. That said will can be attested to as the handwriting of the testator by Crisha Pagat, who was herprivate secretary for a period of 17 years;

5. That the deceased left only two properties namely a lot and house located at Taft Avenue and anapartment located at Remedios Street, Manila;

6. That he left as his only heirs the herein petitioner as his widow and his son Casimiro both of

whom are residing at No. 4 Taft Avenue, Manila;

7. That the deceased left no debts.

WHEREFORE, it is respectfully prayed that after due notice and publication this HonorableCourt fix the date for the probate of said holographic will and that letters of administration beissued in favor of the herein petitioner and thereafter the properties of the deceased beadjudicated in accordance with the said holographic will.

Manila, January 7, 1988.

RAPHAEL VILLEGASCounsel for the Petitioner

123 Corazon Bldg., ManilaIBP No. 112098; 1/2/1988; ManilaPTR No. 042979; 1/5/1988; ManilaRoll of Attorneys No. 12344

VERIFICATIONCERTIFICATION OF NON-FORUM SHOPPING

NEGOTIABLE INSTRUMENTS

PROMISSORY NOTE (1991, 1994)

Question No. 8:

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Carlo Rosales asks you to prepare a negotiable promissory note wherein the promissor,Vivian Castro, binds herself to pay a loan of P50,000.00 in five (5) equal monthly installmentscommencing on October 1994, payable not later than the 20th day of each month, with interestat ten percent (10%) per annum. He wants you to include an acceleration clause, and

stipulations regarding attorneys fees of P5,000.00 in the event of suit to enforce the note andon venue of action which shall only be in the appropriate court in Cebu City. Prepare therequested promissory note.

Answer:

October 1, 1994P50,000.00 Cebu City, Philippines

I, Vivian Castro, Filipino citizen, of legal age and resident of Manila promise to pay CarloRosales or order the sum of P50,000.00 in five equal monthly installments commencing on October1, 1994, payable not later than the 20th day of each month, with compounded interest at ten

percent (10%) per annum; that in the event that I fail to pay any of the monthly payments, theentire balance shall immediately become due and payable; and that in the event of a suit toenforce the promissory note, I promise to pay P5,000.00 as attorneys fees; and that said actionshall be filed in an appropriate court in Cebu City.

VIVIAN CASTRO(Maker)

PLEADINGSAND MOTIONS

ANSWER (1976, 1984)

Question No. 9:Prepare an answer to a complaint denying the genuineness and due execution of the

document upon which the cause of action in the complaint was based.

Answer:


REGIONAL TRIAL COURTBranch 1, Manila

RICKY MARTIN,Plaintiff,

- versus -BRITNEY AGUILLERA,

Defendant.x ---------------------------------------------- x

ANSWER

COMES NOW defendant, by the undersigned Counsel, and answering the plaintiffs

complaint, respectfully alleges:

That defendant, BRITNEY AGUILLERA, specifically denies under oath the genuineness anddue execution of the document, marked as Annex A in the complaint, the truth being that thesignature therein is not hers.

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Manila, April 20, 1984.

LAWRENCE VILLEGASAttorney for the DefendantXYZ Building, ManilaIBP No. 12345; 1/3/1984; ManilaPTR No.61879; 2/2/1984, ManilaRoll of Attorneys No. 12344

VERIFICATION

I, Britney Aguillera, subscribing under oath, hereby depose and state that:

I am the defendant in the instant case.

I have read the foregoing Answer and the allegations therein are true and correct of myown knowledge and based on authentic records on hand.

BRITNEY AGUILLERA

JURAT

Note: Copy furnished.

MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER (2002)

Question No. 10:Prepare a motion for extension of time to file an answer to a complaint in the Regional

Trial Court, Branch 3, Manila. For purposes of this pleading, your name is Pedro Cruz. Supplythe other hypothetical data. Omit proof of service and notice of hearing.

Answer:



JUAN DE LA CRUZ,Plaintiff,

- versus - CIVIL CASE NO. 12345PEDRO DE GUZMAN,

Defendant.x ---------------------------------------------- x

MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER

PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully alleges:

1. That defendant was served with summons and a copy of the complaint on September 19,2002 and consequently, has only up to October 4, 2002 within which to file an Answer;

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2. That the undersigned counsel has started to prepare the Answer but, unfortunately, due topressure of work n attending to other equally important cases; he will need additionalperiod of 15 days from October 4, 2002, to complete and file the same;

3. That, this motion is being filed solely for the foregoing reason and not for purposes ofdelay.

WHEREFORE, it is respectfully prayed that defendant be given an extension of 15 days fromOctober 4, 2002 within which to file an Answer to the Complaint.

Manila, September 21, 2002.

PEDRO CRUZCounsel for the DefendantXYZ Building, ManilaIBP No. 12345; 1/3/1984; ManilaPTR No.61879; 2/2/1984, Manila

Roll of Attorneys No. 12344

NOTICE OF PRE-TRIAL CONFERENCE (1995)

Question No. 11:Draft a notice of pre-trial conference.

Answer:


REGIONAL TRIAL COURTBranch VII, Manila

JASMINE VISTAN,Plaintiff,

- versus - Civil Case No. C-1774

CATS MONTREAL,Defendant.

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

ORDER

Issues being joined in this case, the Pre-Trial Conference under Section 1, Rule 20 of theRules of Court, in relation to Circular No. 1-89 of the Supreme Court, is set for October 30, 1995, at8:30 a.m.

Counsels are instructed to notify their respective clients.

Counsels are also reminded of the mandatory filing of Pre-Trial Briefs at least 3 days beforethe Pre-Trial date.

SO ORDERED.

Given this 24th day of September, 1995 at the City of Manila, Metro Manila.

MALOU SAPALOJudge

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Copy furnished:

1. Villanueva, Pineda and Marasigan Law OfficesSuite 303, Pacia ComplexBinondo, Manila

2. Bulseco, Duran and Tugadi Law OfficesRm. 777, Marilag CondominiumMandaluyong City, Metro Manila

ENTRY OF APPEARANCE (2002)

Question No. 12:Jose Malinlang is accused of estafa upon complaint of Joyce Mapagbigay. The case is

pending before the Regional Trial Court, Branch 1, Manila, where it is docketed as CriminalCase No. 5430. Joyce engages your services as a private prosecutor. File your formal entry ofappearance. For purposes of this pleading, your name is Pedro Cruz.

Answer:



PEOPLE OF THE PHILIPPINES,Plaintiff,

- versus - Criminal Case No. 102078

JOSE MALINLANG, For: ESTAFAAccused.

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

The Clerk of CourtRegional Trial CourtBranch 7, Manila

Kindly enter the appearance of the undersigned as Private Prosecutor in the above-entitledcase, under the supervision and control of the Public Prosecutor, with the conformity of thecomplainant Joyce Mapagbigay, as shown below.

Accordingly, it is respectfully prayed that the undersigned be furnished copies of allpleadings, orders, and notices relative to the instant case at its address indicated below.

Manila, Philippines, September 22, 2005.

PEDRO CRUZCounsel for the ComplainantAddress: _________________

CONFORME:

JOYCE MAPAGBIGAY

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Complainant

Copies Furnished by personal delivery:

The City ProsecutorManila

Atty.____________________Counsel of the Accused(address)

MOTION TO QUASH (1976, 1986, 1988, 1990)

Question No. 13:The prosecutor charged Anthony Tabbios with violating a city ordinance before the

Regional Trial Court (RTC) of Manila, Branch 47. Anthony Tabbioss lawyer, Atty. LawrenceQuicho, seeks to quash the information on the ground that the RTC has no jurisdiction over theoffense charged.

Prepare a motion to quash.

Answer:




- versus - Criminal Case No. 102078

Anthony Tabbios, Violation of City OrdinanceDefendant. No. 5

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

MOTION TO QUASH

COMES NOW the Accused, through undersigned counsel, and to this Honorable Court,respectfully moves to quash the information filed by the Fiscal of Manila on the ground that:

THIS HONORABLE COURT HAS NO JURISDICTION OF THE CASE.

ARGUMENT

City Ordinance No. 5 imposes a maximum penalty of six (6) months imprisonment andP1,000.00 fine which is within the exclusive jurisdiction of the City Court of Manila. Hence, thisCourt has no jurisdiction over the instant case.

WHEREFORE, it is respectfully prayed that the information be quashed and the Accused be

released immediately from detention.

Manila, Philippines, October 1, 1990.

LAWRENCE QUICHO

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Counsel for the AccusedIBP No. 61879; 1/2/1990; ManilaPTR No. 112098; 2/2/1990; ManilaRoll of Attorneys No. 12344

NOTICE OF HEARING

The Clerk of CourtRegional Trial Court of ManilaBranch 47

Please set the foregoing Motion to Quash for hearing on Friday, October 5, 1990 at 9:00a.m. or as soon as counsel may be heard.

RICHARD REYESCounsel for the AccusedBP No. 61879; 1/2/1990; ManilaPTR No. 112098; 2/2/1990; ManilaRoll of Attorneys No. 12344

Copy Furnished: (3 days before hearing)City ProsecutorCity Hall, Manila

MOTION TO DISMISS (1988, 2002)

Question No. 14:Prepare a motion to dismiss an action for a sum of money in the RTC Branch 1, Quezon

City on the ground of improper venue. Supply the other hypothetical facts and use Pedro Cruzas your name.

Answer:


REGIONAL TRIAL COURTBranch 1, Quezon City

JUAN DE LA CRUZ, Plaintiff,

- versus - Civil Case No. 102078

PEDRO PATERNO, For: Sum of MoneyDefendant.

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

MOTION TO DISMISS

NOW COMES Defendant, by his undersigned attorney, and to this Honorable Court

respectfully moves that the complaint be dismissed on the ground that VENUE HAS BEENIMPROPERLY LAID.

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ARGUMENT

The Rules of Court provides that a complaint in a civil case cognizable by the Regional TrialCourt should be filed in the RTC of the place where the plaintiff or the defendant resides, at the

option of the plaintiff. The complaint in the above-entitled case expressly alleges that the plaintiffis a resident of Makati City while the defendant is a resident of Caloocan City. Hence, venue hasbeen improperly laid.

PRAYER

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

Quezon City, Philippines, September 16, 2002.

PEDRO CRUZ(Attorney for Defendant)

__________________________

(Address)

Roll of Attorneys No. _____PTR No. ______; [date issued][place issued]

IBP No. ______; [date issued][Chapter]

Atty. Purisima (By personal service)Counsel for the Plaintiff(address)

Madame:Please be notified that on October 11, 2002 at 8:30 a.m. or as soon thereafter as the

matter may be heard, the undersigned counsel will submit the foregoing motion to the HonorableCourt for its consideration and resolution.

PEDRO CRUZ

ADMISSION OF SATISFACTION OF JUDGMENT (1986)

Question No. 15:You won a damage claim for your plaintiff client, Beth Pagaling, before the Regional

Trial Court of Makati which awarded her a total of P300,000.00 in damages in a decision datedNovember 21, 1986. Today, defendant Jen Lim delivers a managers check payable to the

order of your client in the amount of P300,000.00 and insists that the court be advisedimmediately. Beth Pagaling and Jen Lim show up at your house and you are requested toprepare the proper pleading so that Jen Lim can get a signed copy right away. Prepare theappropriate pleading.

Answer:(Caption and title)

ADMISSION OF SATISFACTION OF JUDGMENT

Plaintiff, by counsel, respectfully alleges that:

1. On November 21, 1986 judgment was rendered ordering defendant to pay plaintiff P300,000.00

in damages;

2. On November 30, 1986, defendant fully satisfied the aforementioned judgment by tendering, andthe plaintiff accepting, the sum adjudged against him;

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WHEREFORE, in view of the payment and acceptance, plaintiff executes this Admission andprays that satisfaction of judgment in the instant case be noted and entered by the clerk in hisdocket.

Quezon City, November 30, 1986

SHARON OLBACounsel for PlaintiffRockwell, Makati CityPTR No. 11111; 1/2/1986; Makati CityIBP NO. 22222; 2/2;1986; Makati CityRoll of Attorneys No. 12344

Copy furnished:

RICA DURANAyala Ave., Makati City

MOTION FOR SUPPORT PENDENTE LITE (2001)

Question No. 16:Draft a motion for support pendente lite to be filed in your clients pending case in the

Regional Trial Court of Pasay City.

Answer:

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGIONREGIONAL TRIAL COURT

Branch 1, Pasay City

WIFE,Plaintiff,


HUSBAND,Defendant.

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

MOTION TO FOR SUPPORT PENDENTE LITE

Plaintiff through counsel, respectfully states that:

1. On 01 June 2001, plaintiff filed the complaint in the above case praying, among others,that defendant be ordered to give plaintiff a monthly support.

2. As alleged in the complaint, defendant and plaintiff are husband and wife, having beenlegally married on 08 December 1996 at the Our Lady of Sorrows Church, Pasay City. Acertified true copy of their marriage contract is hereto attached a Annex A, hereof.

3. As also alleged in the complaint, defendant has abandoned the conjugal home on 24January 1998 without justifiable cause or reason, and since then defendant has failed togive any support to the plaintiff.

4. The plaintiff is without any source of income as shown by her affidavit attached hereto asAnnex B hereof, whereas the defendant is a medical doctor actively engaged in thepractice of his profession with an average monthly income of P80,000.00 more or less.

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5. Considering the present prices of essential commodities, plaintiff needs a monthlyallowance and support of P15,000.00 for her sustenance during the pendency of the instantcase.

WHEREFORE, it is most respectfully prayed of this Honorable Court that the defendant beordered to give the plaintiff a monthly support pendente lite of P15,000.00 to be paid at plaintiffsresidence on or before the 10th day of each month.

Place, Date.

Atty. DCounsel for PlaintiffRoll of Attorneys No. _____PTR No. ______; [date issued][place issued]

IBP No. ______; [date issued][Chapter]

(Notice of Hearing)Atty. ACounsel for Plaintiff(Address)Sir:

Please take note that on ______________, 2001 at ____ a.m., the undersigned counsel willsubmit the foregoing motion to the Honorable Court for its consideration and resolution.

Atty. D

PROVISIONAL REMEDIES

COMPLAINT FOR REPLEVIN (1979, 1986)

Question No. 17:Mr. Gene Alfajaro, General Manager of Avis Rent-A-Car (Philippines), Inc., with offices

at 311 P. Casal Street, Quiapo, Manila, entered into a contract for the company whereby a car,Lancer Model 1984 valued at P290,000.00 with Plate No. DAY-203, was rented out for theweek of October 11 to 18, 1986 to Mr. John Doe, an American who had indicated that heresides at Room 1024 of the Manila Hotel. The car was not returned by the latter on the dateagreed upon. Prepare the verified complaint for replevin. Sign as Atty. Asunto.

Answer:



Avis Rent-A-Car (Philippines), Inc.,Plaintiff,


JOHN DOE, For: ReplevinDefendant.

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

COMPLAINT

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COMES NOW, the Plaintiff, through the undersigned counsel, and to this Honorable Courtalleges:

1. That Plaintiff is a domestic corporation existing under the laws of the Philippines, withoffices at 311 P. Casal St., Quiapo, Manila, while defendant is an American citizen, residing atRoom 1024, Manila Hotel, where he may be served with Summons;

2. That plaintiff is the registered owner of a motor vehicle described as a Mitsubishi Lancer,model 1984, with Plate No. DAY-203;

3. That on October 11, 1986, defendant rented from plaintiff said Lancer car for a weekfrom October 11 to 18, 1986;

4. That on October 20, 1986, and for the next three (3) days thereafter, plaintiff demanded

from defendant the return of the said car; but defendant avoided returning the car by giving onereason or another;

5. That said car has not been taken for a tax assessment or fine pursuant to law, or seizedon execution or attached;

6. That the value of the said car is P290,000;

7. That plaintiff is ready and willing to give bond executed to the defendant in double thevalue of the property for the return of the property to the defendant should be adjudged, or forthe payment of such sum that defendant may recover from plaintiff in the action.

WHEREFORE, plaintiff prays that:

1. The sheriff or other proper officer be ordered to take possession of the car and disposeof it in accordance with the Rules of Court;

2. After hearing, judgment be rendered declaring that plaintiff is entitled to the possessionof the car or, should this prove unavailing, sentencing defendant to pay the value of the car.

Manila, December 3, 1986.

ATTY. ASUNTOXYZ Building, ManilaIBP No. 12345; 1/3/1986;ManilaPTR No.61879; 2/2/1986; ManilaRoll of Attorneys No. 12344

VERIFICATIONCERTIFICATE OF NON-FORUM SHOPPING

JURATAFFIDAVIT FOR REPLEVIN

SPECIAL CIVIL ACTIONS

COMPLAINT FOR EJECTMENT (1976, 1982, 1983, 1984, 1985, 1993, 1994, 1996, 1997,2000)

Question No. 18:The lease contract between Tom Cruise and Katie Holmes having expired as of June 30,

2004, Tom Cruise, the lessor, retained your services as a lawyer to file the appropriate legal

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action against Katie Holmes, the lessee, for failure of the latter to vacate the leased premisesdespite repeated demands. Prepare the complaint for ejectment.

Answer:


METROPOLITAN TRIAL COURTBranch III, Quezon City

TOM CRUISE,Plaintiff,


KATIE HOLMES, For: EjectmentDefendant.

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

COMPLAINT

COMES NOW, the Plaintiff in the above-entitled case, through counsel, and to thisHonorable Court alleges:

1. That plaintiff is of age, married and residing at No. 80 Agno Street, Quezon City, whiledefendant is likewise of age, married and residing at No. 100 Agno Street, Quezon City, where hemay be served with summons;

2. That plaintiff is the owner of a semi-concrete bungalow located at No. 100 Agno Street,Quezon City;

3. That on June 10, 2001, plaintiff leased the said bungalow to the defendant for the nextthree (3) years at a monthly rental of P1,000.00, payable within the first five days of each month,and that the lease contract thereon is hereto attached as Annex A;

4. That since June 11, 2004, the lease contract had already expired and, despite repeateddemands, defendant had refused to vacate the premises and continues to occupy the same.

5. That written demand (Annex B hereof) to vacate and pay rentals in arrears was sent toand received by defendant but despite said demand, he failed to vacate the same or pay saidrentals.

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendantordering her:

1. To vacate the premises;2. To pay the monthly sum of P1,000.00 beginning on June 11, 2004, with interest thereon

at the legal rate until fully paid, until the defendant vacates said premises;3. To pay the sum of P2,000.00 as litigation expenses and attorneys fees.

Quezon City, July 7, 1983.

LAWRENCE VILLEGASAttorney for the PlaintiffXYZ Building, Quezon CityIBP No. 12345; 1/3/1983; Quezon City

PTR No.61879; 2/2/1983; Quezon CityRoll of Attorneys No. 12344

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VERIFICATION

CERTIFICATION OF NON-FORUM SHOPPINGJURAT

CRIMINAL ACTIONS

INFORMATION FOR RAPE (1998, 2000, 2003)

Question No. 20:Prepare an Information for rape of a 14-year old girl committed by the common-law

spouse of her mother warranting the imposition of the death penalty.

Answer:




- versus - CRIM. CASE NO. 102098

MARTIN PARK, For: RapeDefendant.

x ---------------------------------------------- xINFORMATION

The undersigned Public Prosecutor for the City of Manila, hereby accuses MARTIN PARK ofthe crime of Rape committed as follows, to wit:

That, on or about 10:00 p.m. of July 4, 2000, at his house in 26 Legaspi Street, Tondo,Manila, and within the jurisdiction of this Honorable Court, the said accused, by means of repeated

blows to the stomach which rendered the victim unconscious, did then and there, willfully,unlawfully and feloniously, have carnal knowledge of Jasmine Bukid, who was then a minor child,14 years of age, and daughter of Jamaica Bukid, the common law spouse of the accused.

Contrary to law.


LAWRENCE VILLEGASPublic ProsecutorDecember 31, 2000IBP No. 61879; 1/2/2000; Manila

PTR No. 112098; 2/2/2000; ManilaRoll of Attorneys No. 12344

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CERTIFICATION

This is to certify that a preliminary investigation has been conducted in the above-entitled

case, and that on the basis of the evidence presented there is reasonable ground to believe thatthe offense charged has been committed and the accused is probably guilty thereof.


LAWRENCE VILLEGAS.Public Prosecutor

JURAT

SPECIAL PROCEEDINGS

PETITION FOR WRIT OF HABEAS CORPUS (1979, 1992)

Question No. 21:Prepare a petition for habeas corpus on behalf of Major Vanilla who has been arrested

by superior police authorities and detained at the Police Sub-Station 5 of Quezon City sinceAugust 30, 1992 for participation in a robbery with homicide case.

Answer:

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGIONREGIONAL TRIAL COURTBranch 1, Quezon City

IN THE MATTER OF THEAPPLICATION FOR HABEAS CORPUSIN BEHALF OF MAJOR R. VANILLA

MARY VANILLA,Petitioner,

- versus -

CHRISTIAN TUGADISuperintendent, PHILIPPINE NATIONAL POLICE

Respondent.x ---------------------------------------------------------------------- x

PETITION

COMES NOW the petitioner, by her undersigned counsel and to this Honorable Courtrespectfully states:

1. That petitioner of legal age, Filipino citizen, is the wife of Major R. VANILLA, residing at

177 Mayon, Quezon City; that respondent is the incumbent Superintendent of the PhilippineNational Police, Quezon City with office at City Hall, Quezon City, where he may be served withsummons and other court processes;

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2. That on August 30, 1992 Major R. Vanilla of the PNP, Quezon City while holding a gunwas arrested by superior police authorities for alleged participation in a robbery with homicide inQuezon City;

3. That since then and up to the present, Major R. Vanilla was detained at the Police Sub-Station 5, Quezon City, without any formal charge filed against him;

4. That Major R. Vanilla had not participated in any alleged robbery with homicide; hencehis arrest and detention is without any lawful cause;

5. That Major R. Vanilla is restrained of his liberty without due process of law.

WHEREFORE, in view of the foregoing, it is respectfully prayed that this Honorable Court:1. Order respondent and/or his agents to appear before this Honorable Court and produce

Major R. Vanilla and forthwith explain why he should not be released from detention immediately;2. Declare his arrest and detention as invalid and unconstitutional.

Petitioner further prays for such other relief and remedy as this Honorable Court may deemjust and equitable.

Quezon City, Philippines, September 26, 1992.

LAWRENCE VILLEGASCounsel for Petitioner

IBP No. 61879; 1/2/1992; Quezon CityPTR No. 112098; 2/2/1992; Quezon City

Roll of Attorneys No. 12344VERIFICATION

I, Mary Vanilla, hereby deposes and states that:I am the petitioner in the above-entitled case;

I have caused the filing of the petition and the contents thereof are true and correct of myown knowledge and based on authentic records.

Quezon City, September 23, 1992.

MARY VANILLAPetitioner

JURAT

SUBSCRIBED AND SWORN to before me this 26th day of September, 1992 by MARY VANILLA,exhibiting to me her Community Tax Certificate No. 12346 issued at Quezon City on January 4,1992.

LAWRENCE VILLEGASNotary PublicUntil December 31, 1992PTR No. 61879; 1/2/1992;Q.C.IBP No. 112098; 2/2/1992; Q.C.

Roll of Attorneys No. 12344

Doc. No. 10;Page No. 20;

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Book No. V;Series of 1992.

CERTIFICATION OF NON-FORUM SHOPPING

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2004 BAR EXAM QUESTIONS & ANSWERS

CRIMINAL INFORMATION; HOMICIDE

Question No. 1Prepare a draft of a criminal information charging a person with the crime of homicide,

complete with caption and title and required certification re preliminary investigation. Do notuse real names but supply all facts needed.

Answer:

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGIONREGIONAL TRIAL COURT

MANILA


- versus - CRIM. CASE No. 147215

For: HomicideBoy Asunto,

Accused.

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

INFORMATION

The undersigned Assistant City Prosecutor hereby accuses Boy Asunto of the crime ofHomicide committed as follows:

That on or about August 12, 2001, San Juan, Manila within the jurisdiction of this court, thesaid accused, armed with a bladed weapon, with intent to kill, did then and there willfully,unlawfully and feloniously attack, assault and stab one Artemio Co, thereby inflicting upon him afatal wound which directly caused his death.

Contrary to law.

Manila, October 15 , 2001 . JOHN PASCUAL

Provincial Fiscal

WITNESSES:BLESILDA CRISTOBAL MARIANO BATUMBAKAL

CERTIFICATION

I hereby certify that a preliminary investigation was conducted in the above-entitled case,and there is prima facie evidence that the crime of Homicide has been committed and that the

accused is probably guilty thereof.

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PATRICK SALONGACity Prosecutor

Bail Recommended: None

ACKNOWLEDGMENT

Question No. 2Prepare an acknowledgment of a deed of sale of a registered parcel of land, consisting

of four pages inclusive of the page where the acknowledgment appears. Supply fictitiousnames of the parties, the notary public and details of the parties community tax certificates.

Answer:

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINESPROVINCE OF _______________ S.S.

CITY/MUNICIPALITY OF _______

BEFORE ME, this 10 day of April, 2005 in the Municipality of Malolos, Province of Bulacan,Philippines, personally appeared ABC and DEF, with Community Tax Certificate No. 25-02-003180and 25-02-056170 issued by Municipaility of Malolos, on June 4, 2004 and March 6, 2003,respectively, known to me to be the same persons who executed the foregoing instrument, and whoacknowledged to me that the same is their free act and deed.

This instrument, consisting of 4 pages, including the page on which this acknowledgment iswritten, has been signed on the left margin of each and every page thereof by ABC and DEF andtheir witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, on theday, year, and place above written.

JUAN IGNACIO

Notary Public for Malolos, Bulacan#57 Sto. Nino Malolos, BulacanAppointment No. 578 Until January 1, 2006Roll of Attorneys No. 632145PTR No. 54217; [3/1/02][Manila City]

IBP No. 35654;[4/5/00][Bulacan Chapter]

Doc. No. 45;Page No. 008;Book No. 53;Series of 2005.

VERIFICATION; NON FORUM SHOPPING CERTIFICATION

Question No. 3Prepare a draft of the verification and non-forum shopping certification.

Answer:

VERIFICATION

I, RAPHY GAYONA, subscribing under oath, hereby deposes and states that:

I am the plaintiff in the instant case.

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I have read the foregoing Complaint and the allegations therein are true and correct of my

own knowledge and/or based on authentic records on hand.

I attest to the authenticity of the annexes thereof.

RAPHY GAYONA

CERTIFICATION

I certify that:

a. I have not commenced any other action or proceeding involving the same issues in theSupreme Court, the Court of Appeals, or different Divisions thereof, or any othertribunal or agency.

b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, ordifferent Divisions thereof, or any other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is pending beforethe Supreme Court, the Court of Appeals, or different Divisions thereof, or any othertribunal or agency, I hereby undertake to notify this Honorable Court within five (5)days from such notice.

RAPHY GAYONA

NOTARIAL WILL; ATTESTATION CLAUSEQuestion No. 4

Prepare a complete draft of an attestation clause of a notarial will.

Answer:

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, whose residences are stated opposite ourrespective names, do hereby certify: That the testator, ___________________, has published untous the foregoing will consisting of _____ pages numbered correlatively in letters on the upper partof each page, as his/her Last Will and Testament and has signed the same on each and every page

thereof on the left margin, in our joint presence, and we, in turn, at his/her request havewitnessed and signed the same on each and every page thereof, on the left margin, in the presenceof the testator and in the presence of each and all of us.

__________________________ ______________________________________(name and signature of witness) (residence)



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CHECKLIST OF REQUIREMENTS

I.DEED (TAPCAPSA)1. Title2. Announcement

3. Party One

4. Consideration

5. Act or Conveyance

6. Party Two

7. Signature

8. Acknowledgment

II. CONTRACT (TAAWACSA)1. Title

2. Announcement

3. Actors

4. Whereases

5. Agreement Proper

6. Conditions or terms

7. Signatures

8. Acknowledgment

III. LAST WILL AND TESTAMENTNote: It involves three actors makingseparate statements, namely: the testator,the witness and the notary public.

1. For the TESTATORs statementconveying the estate to his heirs, usethe format of the ordinary deed.

2. The three WITNESSES make anattestation as to number of pagesof the will and the fact that thetestator signed the will and every

page of it in the presence of thewitnesses, and that the latterwitnessed and signed the will and allits pages on the left margin in thepresence of the testator and of oneanother.

3. The NOTARY PUBLIC states in theacknowledgment that the testatorand his witnesses acknowledged thewill and its attestation before him.

IV. SWORN STATEMENT or

AFFIDAVIT (VT-POS-SJ)1. Venue

2. Title

3. Person

4. Oath

5. Statement

6. Signature

7. Jurat

V. JUDICIAL FORM (CTIBRAP)1. Caption

2. Title

3. Introduction4. Body

5. Relief

6. Attorney

7. Plus or addendum (such as verification,

explanation, certification of non-forumshopping, copy furnished, notice ofhearing)

Note: The above pattern is available for allkinds of judicial pleadings and motions. Youneed only vary the contents and the plusportion.

COMPLAINTThe body of a complaintusually has two parts: the identity of theparties and the cause of action (astatement of the right of the plaintiff anda statement of defendants violation ofsuch right)

PLUS: Proof of service andExplanation

Statement of copy furnished to theadverse party

If filing of a pleading or service ofits copy on adverse party is done byREGISTERED MAIL, another plus is theneed to give an explanation why personalfiling or service could not be done.

DENIAL OF AN ACTIONABLEDOCUMENTPLUS: Verification and Copy furnished

MOTIONThe body of a motion usually has

two parts: the ground for the motion andthe argument.

PLUS: Proof of Service and

Explanation

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Statement of copy furnished to

the adverse party

INFORMATION (CTIBAP)

1. Caption

2. Title

3. Introduction

4. Body

5. Attorney

6. Plus or Addendum

Certification (mandatory)

List of witnessesRecommended amount of bail

The People of the Philippines isdenominated as plaintiff even if theperson charged is called the accused.

The prosecutor omits the mention of

the relief he wants because the lawprescribes penalties for specificcrimes.

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