SPECIAL POWER OF ATTORNEY
(PROOF OF SERVICE)
KNOW ALL MEN BY THESE PRESENTS
I _______________________, hereby name, appoint and constitute
_________________________ to be my true and lawful attorney, to act on
my behalf and in my name, to execute and perform all or any of the
following acts, deeds, matters and things, in connection with
_________________________, to wit:
1. Amicable Settlement
2. Submit to Alternative Modes of Dispute Resoultion
3. Enter into stipulations of Facts/Doctrines
HEREBY GIVING AND GRANTING unto our said attorney full powers and
authority to do and perform all and every act requisite or necessary to
carry into effect the foregoing powers, as fully to all intents and
purposes as I might or could lawfully do if personally present, with full
power of substitution and revocation, and hereby ratifying and
confirming all that my said attorney or his substitute shall lawfully do
or cause to be done by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
_________ 2001, in __________________
____________________________
Conforme:
(Signature of Appointee)
Signed in the presence of:
__________________________ __________________________
[ACKNOWLEDGMENT]
(Copy Caption and Title)
VERIFICATION AND CERTIFICATION OF FORUM SHOPPING
COMES NOW, the petitioner, by the undersigned counsel, and unto this
Honorable Court, respectfully
alleges that:
1. The petitioner is of legal age, (State capacity and residence of both
the petitioner and respondent);
2. (State the facts and circumstances whereby the respondent
unlawfully neglected the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust, or station
or unlawfully excluded the petitioner from the enjoyment of a right or
office to which the petitioner is entitled.);
3. The petitioner has no other plain, speedy and adequate remedy in
the ordinary course of law, other that this action;
4. The petitioner by reason of the wrongful act of the respondent has
sustained damages in the
sum of ___________PESOS (P____________)
WHEREFORE are needed to see this picture. , it is respectfully prayed
that after due notice and hearing, a Writ of Mandamus be issued,
commanding the respondent forthwith to: (state act required to be
done), with damages and costs.
Place and date.
Signature of Counse
(Signature of Counsel)
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial
Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND
POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Plaintiff is open to settling this dispute amicably, subject to a
concrete proposal that is fair and reasonable and a reciprocal
(Caption and Title)
manifestation of
openness from defendant
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff COMPLAINT
respectfully submits that the desired terms of any amicable settlement
would
involve, first, an admission of amount due and owing to plaintiff and, X , BY COUNSEL MOST RESPECTFULLY STATES THAT
second,
a schedule of payments.
1. The Plaintiff is of legal age, married and a resident of
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES _______________________. The Defendant is likewise of legal age, married
2.1 Plaintiff claims that defendant failed to pay the purchase price of and temporary residing at _____________________
FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) for the Rolex
watch 2. The Plaintiff is the owner of the two-storey house unit located at the
delivered to the defendant.
Petersville Subdivision, Baguio City, and having the residential address
2.2 Defendant raise as defenses that no sale ever transpired and that
the of PV 123 as evidenced by pertinent documents like tax declaration
checks issued to Mr. Ramsey were stolen and the defendants signature and deed of sale. (EXHIBIT A )
forged.
3. The Defendant is the lessee of the house unit that is owned by the
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
Plaintiff as evidenced by the written contract of lease that both parties
3.1. Defendant admits only those facts stated in their Answer, i.e.,
their signed. (Exhibit B)
personal circumstances and the existence of the bank account and
corresponding checks. 4. The Plaintiff and the Defendant came up with a written agreement of
Lease on June 26, 2007, which they both agreed upon and was duly
IV. ISSUES TO BE TRIED
signed by the two parties as shown in their contract of lease. (Exhibit
4.1. Plaintiff submits that the following issue is subject to proof:
4.1.1. The loss of the defendants checks as the cause for the B)
accounts
closure and forgery of his signature 5. Item No. 16 of the contract which the defendant signed expressly
4.2. Defendant submits that the following issues are subject to proof:
provides that he will only be occupying the property for one (1) year,
4.2.1. There was a contract of sale with the plaintiff;
after which, he will vacate the house when that term expires. (Exhibit
V. EVIDENCE B)
5.1. Plaintiff intends to present the following witnesses:
5.1.1 Ms. Shaina Magdayao, to establish that the plaintiff and 6. The contract also provides that the defendant should also take care
defendant actually met at the Shangri-La Makati Hotel, that the Rolex
of the property and its premises with the utmost diligence.
was the
subject matter of a contract of sale between the plaintiff and
defendant, and that 7. On June 28, 2008, the plaintiff, after returning from Japan, was
the defendant paid in cash FOUR HUNDRED THOUSAND PESOS surprised to discover that the defendant did not vacate the property as
(P400,000) and issued the checks covering the balance; he expected. Worse, he installed a sari-sari store in the original
5.1.2 Ms. Cristine Reyes, manager of the hotel restaurant, as witness
building structure of the house unit.
to the meeting and the transaction;
5.2. Plaintiff reserves the right to present any and all documentary
evidence, which shall become relevant to rebut defendants claims in 8. The plaintiff confronted the defendant about it but the defendant
the course claimed that it was a DEED OF SALE which they signed and not a
of trial as well as any other witnesses whose testimony will become CONTRACT OF LEASE and therefore, the defendant is the new owner
relevant to
of the house unit.
belie defendants witnesses, if necessary.
VI. RESORT TO DISCOVERY 9. On August 20, 2008, after continuous demands, the defendant
6.1. Considering the relatively simple issues presented, plaintiff does constantly refuses to vacate the house unit and even invited relatives
not intend to avail of discovery at this time; to stay with him.
6.2. Subject, however, to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to
discovery 10. The defendant willfully and maliciously violated the agreement
before trial. which they mutually agreed upon, and which the defendant signed.
VII. AVAILABLE TRIAL DATES
March 17, 2011, March 23, 2011, March 30, 2011 and April 4, 2011 PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of Defendant, by counsel, respectfully submits its formal offer of exhibits
this Honorable Court that judgement be rendered in favor of the in support of its prayer in the Complaint dated ______________ for the
plaintiff and that after judgement; dismissal of the complaint for collection of sum of money with
application for writ of preliminary attachment.
a. The defendant shall vacate the house unit owned by the
plaintiff. EXHIBITS DESCRIPTION
b. The defendant shall be ordered to pay P 120, 000 for the Exhibit A Confirmation Advice issued to Eugenio Villireal III indicating
Attorneys Fees. the
amount of Ten Million pesos (P 10,000,000.00) as the amount of
Such other reliefs and remedies under the premises are likewise money lent
prayed for. Exhibit A-1 The bracketed and sub-marked portion of Exhibit A PRAYER
_________________, Philippines, this ____ day of _________ 20__. containing the
______________________ signature of Eugenio Villareal III
180 Burnham Lake, Baguio City Counsel for the Plaintiff Exhibit A-2 The bracketed and sub-marked portion of Exhibit A purpose/s for which they are offered and as part of the testimony of
PTR No. 18909595:1-04-07:B.C. containing the
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila signature of Raul Gerodias as President and authorized representative
Rm. 4 2/F Baguio Boating Center of defendant ABC Capital Corporation
PURPOSE
The foregoing exhibits are being offered to prove the following facts:
1. Eugenio Villareal III invested Ten Million Pesos (P 10,000,000.00) with
(Copy Caption and Title) Defendant ABC Capital Corporation and correspondingly, a
FORMAL OFFER OF EVIDENCE confirmation advice was issued indicating that plaintiffs money
(In Support of __(defendants)__ Prayer for the dismissal of the waslent to XYZ Realty, Inc.
complaint for collection of sum of money) 2. Defendant ABC Capital Corporation have acted merely in plaintiffs
behalf and/ or for his benefit, risk and account without recourse or
liability, real or contingent, to the former in respect to the loan granted
to XYZ Realty, Inc.
3. Plaintiff freely and voluntarily signed the Confirmation Advice, such
act indicating his conformity to the terms and conditions of the
transaction.
The foregoing exhibits are also being offered as part of the testimony
of ABC Capitals witnesses.
Allied Bank respectfully manifests that the foregoing faithful
reproductions and originally marked documentary exhibits are
attached hereto and respectfully submitted herewith.
WHEREFORE, it is respectfully prayed that the foregoing exhibits be
admitted in evidence for the
the witness presented by ABC Capital
Corporation.
Other reliefs just and equitable are likewise prayed for.
Place and date.
Signature of Counsel
PROOF OF SERVICE