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AFFIDAVIT OF LOSS

REPUBLIC OF THE PHILIPPINES)


_____________________________ ) S.S.

I, (Name of Affiant)., Filipino, of legal age, residing at (Address of Affiant), after having been
sworn in accordance with law hereby depose and state:

That I am the true and lawful owner of a certain motor vehicle which is
more particularly described as follows:

MAKE : MOTOR NO. :


SERIES : SERIAL/CHASSIS NO. :
TYPE OF BODY : PLATE NO. :
YEAR MODEL : FILE NO. :

(Change the declaration below to the actual circumstances)

That sometime in June of this year, I was looking for the original Certificate
of Registration of my car but to my surprise, said Owner’s original Copy could not
found;

That I took pains to look for said Certificate of Registration, but to no avail;

That I am executing this affidavit to attest to the truth of the foregoing and
to request from the Land Transportation Office of Angeles City, a copy of said
Certificate of Registration.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of _______________. 20___ at
_________________________.

(Name Over Signature of


Affiant)

SUBSCRIBED AND SWORN to before me, this ____ day of ______________, 20___ in
___________________ City, with affiant exhibiting his CTC No. _______________ ,
Issued on ______________________ at _________________________.

NOTARY PUBLIC
Until December 31, 200___

Doc. No. : ________;


Page No. : ________;
Book No. : ________;
Series of 20_______.
AFFIDAVIT

I, (Insert Name of Affiant) , Filipino citizen, of legal age, single/married to (Insert Name
of Spouse if any), and a resident of (Insert Address of Affiant), after having been duly sworn in
accordance with law, hereby depose and say:

1. That................................................................................................................
...........................................................................................................................
...........................................................................................................................

2. ........................................................................................................................
............................................................................................................................
............................................................................................................................

3. ........................................................................................................................
................................................................................................... .........................
............................................................................................................................

Further Affiant sayeth none.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ......... day of


..................... , 20__ in ..................................... Philippines.

........................................................................
(Signature of Affiant over Printed Name)

SUBSCRIBED AND SWORN before me this........ day of ........................... 20__, by


............................................. who exhibited to me his CTC No. ................................... issued
on ................................. at ...........................................

Notary Public

Doc. No. .........:


Page No. .........;
Book No. .........;
Series of 20__.
AFFIDAVIT OF DESISTANCE

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA ) S.S.

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila,
after having duly sworn to in accordance with law hereby depose and state:

1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in the
case entitled "People of the Philippines versus Jesus Santos", Criminal Case No. 12345,
Metropolitan Trial Court, Branch No. 11, City of Manila.

2. After my sober and soul searching assessment and analysis of the incident, I have
realized that because I was not wearing my eyeglasses and it was dark, I can not point out,
without a doubt the accused or any other person/s who inflicted harm against me.

3. Since I could not state with certainty and without doubt the liability of Jesus Santos, in
fairness to him, I am permanently withdrawing my complaint against him. I clear him of
whatever responsibility or liability to me.

4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for
Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the Philippines versus
Jesus Santos", Metropolitan Trial Court, Branch No. 11, City of Manila.

5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to dismiss
with prejudice the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this __ day of September 20__ at the City
of Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City of Manila,
Philippines.

Romeo Abad
Public Prosecutor
EXCLUSIVE (or NON-EXCLUSIVE) AUTHORITY TO SELL (or LEASE)

THIS IS TO AUTHORIZE (Name), of legal age, a resident of (Address) , to do and perform any
and all of the following acts:
(In case of a corporation, replace above with: THIS IS TO AUTHORIZE [Name of Corporation], a
domestic corporation existing under and by virtue of the laws of the Philippines, with principal
office located at [Address], to do and perform the following acts:)

TO SELL (or TO RENT OUT) my house and lot located at (Address), more particularly described as
follows:

Block No. _________ Lot No. __________ Lot Area: __________ square meters
Transfer Certificate of Title No. __________

That (Name /Corporation) shall receive a commission fee equivalent to FIVE (5%) PERCENT of
the total selling price as stipulated in the Deed of Sale or Contract to Sell, payable upon the
execution of the instrument.

(In case of rent, replace above with: That (Name /Corporation) shall receive a commission fee
equivalent to ONE MONTH RENT as stipulated in the Rental /Lease Contract, payable upon the
execution of the instrument.

In case of renewal of lease, (Name /Corporation) shall receive an equivalent of ONE MONTH
RENT for every year of lease as stipulated in the Rental /Lease Contract, payable upon the
execution of the instrument.)
(Add terms as required)

This exclusive (or Non-Exclusive) authority shall become ineffective only after 30 (60 or 90)
days from receipt of either party of a written notice terminating such authority.

__________________________________
OWNER
Signature Over Printed Name

Name of Owner: _________________________________________


Spouse: _________________________________________________
Home Address: __________________________________________
Telephone Nos. __________________________________________
Office Address: __________________________________________
Telephone Nos. __________________________________________
Date: _______________________
CONTRACT TO SELL
KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT TO SELL, made and executed this ____ day of _________, 20__ by and between:

(NAME OF SELLER /VENDOR), of legal age, single/married to (Name of spouse if


any), Filipino, and with residence and postal address at (Address), hereinafter referred to as
the "SELLER/VENDOR";

-AND-

(NAME OF BUYER/VENDEE), Filipino and with residence and postal address at


(Address), hereinafter referred to as the "BUYER/VENDEE".

WITNESSETH;

WHEREAS, the SELLER/VENDOR is the absolute and registered owner of a parcel of


land consisting of LAND AREA IN WORDS (000) square meters, more or less, located at
(Address of property to be sold) and covered by Transfer Certificate of Title No. (TCT Number)
issued by the Registry of Deeds of (Name of Town or City);

WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER /VENDOR has
agreed to sell the above mentioned property under the terms and conditions herein below set
forth;

NOW THEREFORE, for and in consideration of the total sum of (Amount in words) (Php:
000,000.00) Philippine Currency, and of the covenants herein after set forth the
SELLER/VENDOR agrees to sell and the BUYER/VENDEE agrees to buy the aforesaid
property subject to the following terms and conditions: (Note: Terms and Conditions below
are sample only, please revise)

1. The total consideration shall be One Million (Php: 1,000,000.00) PESOS, Philippine
Currency, payable as follows:
a) The amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, representing
earnest money shall be payable by the BUYER/VENDEE to the SELLER/VENDOR upon
signing of this Contract to Sell;

b) The remaining balance in the amount of SEVEN HUNDRED THOUSAND (Php: 700,000.00)
PESOS, shall be paid in Cash on or before ___________, 20__.

c) In case the check representing the payment for the balance provided in paragraph b hereof,
is dishonored by the drawee bank, the earnest money in the amount of THREE HUNDRED
THOUSAND (Php: 300,000.00) PESOS, shall be forfeited in favor of the SELLER/VENDOR.
2. Capital Gains Tax and Real Estate Tax, shall be for the account of the SELLER/VENDOR;

3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other
miscellaneous fees and expenses shall be to the account of the BUYER/VENDEE;

4. Possession to the subject property shall be delivered by the SELLER/VENDOR to the


BUYER/VENDEE upon full payment of the total consideration;
5. Upon full payment of the total price, the SELLER/VENDOR shall sign and execute a
DEED OF ABSOLUTE SALE in favor of the BUYER/VENDEE. The SELLER/VENDOR shall
likewise execute and/or deliver any and all documents, including but not limited to the original
copy of Transfer Certificate of Title, Tax Declaration and all other documents necessary for the
transfer of ownership from SELLER/VENDOR to the BUYER/VENDEE.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this ___ day of
____________, 20__ at _________________________, Philippines.

(SELLER/VENDOR) (BUYER/VENDEE)
Name Name

WITH MARITAL CONSENT:

________________________ _________________________
Name of Seller/Vendor's Spouse Name of Buyer/Vendee's Spouse

SIGNED IN THE PRESENCE OF:

__________________________ ____________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_____________________________ ) SS.

BEFORE ME, a Notary Public, this ____________day of ________________, personally appeared


the following:

Name CTC Number Date/Place Issued

(Name of Seller/Vendor) 10000000 February 5, 20__ / Pasay City


(Name of Buyer/Vendee) 10000000 January 14, 20__ / Quezon City

This instrument, consisting of ___ page/s, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by the concerned
parties and their witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above written.

Notary Public

Doc. No. ........;


Page No. .......;
Book No. .......;
Series of 20__.
CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

I, ( N a me o f M o r t g a g o r ) of legal age, single/married to____________________ with postal address at


_____________________________hereinafter known as the MORTGAGOR, and
_________________________________ of legal age, single/married to ______________________ with postal address at
_______________________________ hereinafter known as the MORTGAGEE, witnesseth:

That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of (Amount in Words)
(000,000.00), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR upon the signing of
this instrument, payable within a period of _____ years, with interest thereon at the rate of (___) % per
annum;

That for, and consideration of , this indebtedness, and to assure the performance of said obligation to pay, the
MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the MORTGAGEE, his
heirs and assigns, the following personality now in the possession of said MORTGAGOR

MAKE : MOTOR NO. :


SERIES : SERIAL/CHASSIS NO. :
TYPE OF BODY : PLATE NO. :
YEAR MODEL : FILE NO. :

That the condition of this obligation is that should the MORTGAGOR perform the obligation to pay the
hereinabove cited indebtedness of (Amount in Words) (000,000.00) together with accrued interest thereon, this chattel
mortgage shall at once become null and void and of no effect whatsoever, otherwise, it shall remain in full force and
effect.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____day of ____________ 20___ at
____ Philippines.

_______________________________ _______________________________
MORTGAGOR MORTGAGEE

IN THE PRESENCE OF:

_______________________________ _______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


________________________ ) S.S
BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Mortgagor) 10000000 Jan 01, __ / Quezon City


(Name of Mortgagee) 10000000 Jan 11, __ / Las Pinas
City

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. _____;
Book No.______;
Series of 20___.
LEASE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of _____, this day of
_______________, 20____, by and between:

(NAME OF LESSOR), of legal age, single/married to (Name of spouse if any), Filipino,


and with residence and postal address at (Address), hereinafter referred to as the LESSOR.

-AND-

(NAME OF LESSEE), Filipino and with residence and postal address at (Address),
hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property
situated at (Address of property to be leased);

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is
willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases
unto the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises,
subject to the following:

TERMS AND CONDITIONS

1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for
residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed
that if at any time the premises are used for other purposes, the LESSOR shall have the right
to rescind this contract without prejudice to its other rights under the law.

2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its
expiration, this lease may be renewed under such terms and conditions as my be mutually
agreed upon by both parties, written notice of intention to renew the lease shall be served to
the LESSOR not later than seven (7) days prior to the expiry date of the period herein agreed
upon.

3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS:
AMOUNT IN WORDS (P 00,000.00), Philippine Currency. All rental payments shall be payable
to the LESSOR.

4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and
prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum
of PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency. wherein the two (2)
months deposit shall be applied as rent for the 11th and 12th months and the remaining one
(1) month deposit shall answer partially for damages and any other obligations, for utilities
such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of
any of the provision of this contract.
5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as
when the checks are dishonored, the LESSOR at its option may terminate this contract and
eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in
default of payment for One (1) month and may forfeit whatever rental deposit or advances have
been given by the LESSEE.

6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased
premises to be occupied in whole or in part by any person, form or corporation, neither shall
the LESSEE assign its rights hereunder to any other person or entity and no right of interest
thereto or therein shall be conferred on or vested in anyone by the LESSEE without the
LESSOR'S written approval.

7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water,
Internet, association dues and other public services and utilities during the duration of the
lease.

8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or
damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen
disabling cause of acts of God, as to render the leased premises during the term substantially
unfit for use and occupation of the LESSEE, then this lease contract may be terminated
without compensation by the LESSOR or by the LESSEE by notice in writing to the other.

9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due
notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE
or its representative at any reasonable hour to examine the same or make repairs therein or for
the operation and maintenance of the building or to exhibit the leased premises to prospective
LESSEE, or for any other lawful purposes which it may deem necessary.

10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation
thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased
premises with all corresponding keys and in as good and tenable condition as the same is now,
ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects
of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR
the right, at the latter's option, to refuse to accept the delivery of the premises and compel the
LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until
the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in
case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or
termination for any reason whatsoever.

11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial
relief against the other, the losing party shall pay an amount of One Hundred (100) % of the
amount clamed in the complaint as attorney's fees which shall in no case be less than
P50,000.00 pesos in addition to other cost and damages which the said party may be entitled
to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the parties, their
successors-in-interest and assigns.

IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above
written.
(Name of Lessor) (Name of Lessee)
LESSOR LESSEE

Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


_________________________) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Lessor) 10000000 February 24, 20__ / Cavite City


(Name of Lessee) 10000000 January 07, 20__ / Makati

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this acknowledgement
is written, has been signed on each and every page thereof by the concerned parties and their
witnesses, and and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS

KNOW ALL MEN BY THIS PRESENTS:

This deed, made and entered into this ___ day of __________, 20__ at the City of Manila,
by and between:

Juan de la Cruz, Filipino Citizen, of legal age, married to Juanita de la Cruz with
residence and postal address at 1234 Oak Lane, Standard Subdivision, Quezon City,
hereinafter referred to as the "ASSIGNOR"

-and-

Pedro San Juan, Filipino Citizen, of legal age, married to Patricia San Juan with
residence and postal address at 123A Somerville Plaza Tower, 5678 Mahogany
Avenue, Manila, hereinafter referred to as the "ASSIGNEE".

WITNESSETH that -

WHEREAS the ASSIGNOR is the buyer of a 2-bedroom unit, located at 18C, Grand
Towers Condominium, 234 Taft Avenue, Manila, with an area of SEVENTY EIGHT (78)
SQUARE METERS more or less, covered by Condominium Certificate Title No. 98765 of the
register of Deeds of Manila, registered in the name of the Bank of the Philippine Islands.;

WHEREAS, the ASSIGNOR has offered to assign all his rights, title and interest over the
above unit, as referred in said Contract to Sell and the ASSIGNEE hereby accepts the assignment
in accordance with the terms herein set forth;

NOW, THEREFORE, for and in consideration of the foregoing premises and the sum of
ONE MILLION PESOS (1,000,000.00), PHILIPPINE CURRENCY, which the ASSIGNOR
hereby acknowledged to have received from the ASSIGNEE, the ASSIGNOR hereby assigns,
transfers and conveys unto the ASSIGNEE, all his rights, title and interest to the aforementioned
property and and appurtenant interest in the Condominium project pursuant to this Agreement
and the ASSIGNEE by these presents hereby accepts the assignment and agrees to be bound by
the terms and conditions of the Contract to Sell and the rules and regulations, and restrictions
pertaining to the said unit.

IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and place first
above written.

(Juan de la Cruz) (Pedro San Juan)


ASSIGNOR ASSIGNEE
Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


______________________) S.S

BEFORE ME, a notary for and in the City of Manila, personally appeared:

Name CTC Number Date/Place Issued

(Juan de la Cruz) 00000000 January 15, 20__ / Quezon City


(Pedro San Juan) 00000000 January 21, 20__ / Manila

known to me and to me known to be the same persons who executed the foregoing Deed of
Assignment and transfer of Rights and acknowledged to me that the same is their free and
voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 20____.
DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

That I, ________________________of legal age, single / married to_______________________


with postal address at __________________________________________ hereinafter referred to
as the DONOR, and _______________________, likewise of legal age, single / married to
__________________________ with postal address at _________________________________
hereinafter called the DONEE, witnesseth:

That the DONOR is the registered owner of a parcel of land, more particularly described as
follows:
(Insert description of property to be donated)

That the DONEE is a cousin of the DONOR, who has lovingly dedicated five (5) years of his life
as the latter's personal caregiver and companion;

That FOR AND IN CONSIDERATION of the DONEE'S trust, devotion and affection shown to
the DONOR, and as an act of gratitude and liberality on his part, the DONOR hereby voluntarily
GIVES, TRANSFERS, and CONVEYS by way of donation, unto the said DONEE, his heirs and
assigns, the above described property, together with all the improvements found thereon, free
from all liens and encumbrances;

That the DONOR affirms that this donation is not made with intent to deceive his creditors, and
that he has reserved for himself sufficient funds and property;

That the DONEE hereby accepts and receives this donation made in his favor by the DONOR,
and hereby manifests his gratefulness for the latter's generosity.

IN WITNESS WHEREOF, both the DONOR & DONEE have hereunder subscribed their names
this __________ day of __________________ 20__ at _____________________, Philippines.

_____________________________ ______________________________
DONOR DONEE

WITNESSES:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


______________________) S.S
BEFORE ME, a notary for and in the City of Makati, personally appeared:

Name CTC Number Date/Place Issued

(Donee) 00000000 June 28, 20__ / Makati City

known to me and to me known to be the same persons who executed the foregoing Deed of
Donation and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No._____;
Page No. _____;
Book No._____;
Series of 20___.
DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

(NAME OF SELLER), of legal age, single/married to (Name of spouse if any), Filipino, and
with residence and postal address at (Address of Seller), hereinafter referred to as the SELLER

-AND-

(NAME OF BUYER), Filipino and with residence and postal address at (Address of Buyer),
hereinafter referred to as the BUYER.

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements
located at (Address of property to be sold) and covered by Transfer Certificate of Title No.
(TCT Number) containing a total area of (Land Area of Property in Words) (000) SQUARE
METERS, more or less, and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 0000

"(Insert the technical description of the property on the title) Example: A PARCEL
OF LAND (Lot 20 Blk 54 of consolidation subdivision plan (LRC) Pcs-13265, being a portion of
the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533, Lot 3, Psd-100703, Lot 1, Psd-
150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and 21071 situated
in the Bo. of San Donisio, Mun of Paranaque, Prov of Rizal, Is. of Luzon. Bounded on NE.,
point 4 to 1 by Road Lot 22, on...to the point of beginning; containing an area of (280) square
meters more or less..."

WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above
mentioned property for the amount of (Amount in words) (P 000,000.00) Philippine Currency;

NOW THEREFORE, for and in consideration of the sum of (Amount in words) (P


000,000.00) Philippine Currency, hand paid by the vendee to the vendor, the SELLER DO
HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale unto the said BUYER, his
heirs and assigns, the certain parcel of land together with all the improvements found thereon,
free from all liens and encumbrances of whatever nature including real estate taxes as of the
date of this sale.

(NAME OF SELLER) (NAME OF BUYER)


Seller Buyer

WITH MARITAL CONSENT:


________________________ _________________________
Name of Seller's Spouse Name of Buyer's Spouse

SIGNED IN THE PRESENCE OF:


__________________________ ____________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_____________________________ ) SS.

BEFORE ME, a Notary Public for and in the City of ___________________, personally appeared:

Name CTC Number Date/Place Issued

(Name of Seller) 10000000 Jan 15, 20__ / Angeles City


(Name of Buyer) 10000000 Jan 9, 20__ / Manila

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same are their free act and voluntary deed.

This instrument, consisting of (__) pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by the concerned
parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this ___day of __________________20__ at_______________.

Notary Public

Doc. No. ........;


Page No. .......;
Book No. .......;
Series of 20__.
EARNEST MONEY RECEIPT AGREEMENT

Received from (Name of Buyer) with postal address at ( Address), the sum of (Amount in
Words) (P 000,000.00) covered by ABC Bank, check # 00000000 dated January 1, 20__
representing EARNEST MONEY for payment of a Two-Story house and lot located at (Address
of Property) covered by T.C.T. No. T-00000.

This EARNEST MONEY forms part of the purchase price of (Amount in words) (P
0,000,000.00). The balance and full payment shall be paid on or before __________________.

The BUYER hereby reserves the exclusive right to purchase the aforementioned property and
the SELLER cannot offer the aforementioned property to any third party until
_____________________.

Upon full payment, the SELLER shall execute a DEED OF ABSOLUTE SALE in favor of the
BUYER, conveying the subject property with full warranty of a legal and valid title as provided
by law, free and clear from any liens and encumbrances.

Upon execution of the DEED OF ABSOLUTE SALE, the SELLER shall undertake the payment
of the Capital Gains Tax. The BUYER shall shoulder the payment of the Documentary Stamps
Tax, Transfer Tax, Registration Fee and all other expenses to transfer the title of the property
under his name.

In case of voluntary cancellation of this agreement by the BUYER without any cause on the
part of the SELLER or if the BUYER fails to comply with his obligations mentioned, then the
SELLER shall have the right to terminate this agreement in which case the EARNEST MONEY
in the amount of (Amount in words) (P 000,000.00) shall be forfeited in favor of the SELLER as
liquidated damages.

January 1, 20_____

(SELLER) (BUYER)
Signature over Printed Name Signature over Printed Name
GENERAL POWER OF ATTORNEY

KNOW ALL MEN THESE PRESENTS:

I, (Name of Principal), of legal age, single/married to (Name of spouse if any), Filipino, a


resident of (Address), do hereby name, constitute, and appoint (Name of Agent /Attorney-In-
Fact), to be my true and lawful attorney, for me and in my name, place, and stead, to do and
perform the following acts and things to wit:

To ask, demand, collect any and all sums of money, sue to recover debts, dues, accounts,
dividends, legacies, bequests, interests , and other things of value of whatever nature or kind
as may now be or may hereafter become due owing, payable or belonging to me, and to have,
sue, and to take any all lawful ways and means for the recovery thereof by suit, attachment,
compromise or otherwise;

To make, sign, execute, and deliver contracts, agreements, documents and other writings of
whatever nature or kind, with any and all third persons, entities or concerns, upon terms and
conditions acceptable to my said attorney;

To delegate in whole or in part any all of the powers herein granted or conferred, by means
of an instrument in writing, favor of any third persons whom my said attorney may select;

HEREBY GIVING AND GRANTING unto my said attorney full power and authority
whatsoever requisite or necessary or proper to be done in and about the premises as fully to all
intents and purposes as I might and could lawfully do if personally present, with 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 under and by virtue of these presents.

IN WITNESS WHEREOF, We have hereunto affixed our signatures this ___________ day of
____________________ , 20__ in ______________________, Philippines.

___________________________________ __________________________________
(Principal) (Agent /Attorney-In-Fact)

Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued


(Name of Principal) 10000000 February 24, 20__ / Paranaque
City
(Name of Agent) 10000000 January 28, 20__ / Mandaluyong
City

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

WE, (Insert Name of Principal) single/married (insert name of spouse if married), of legal age, with
residence and postal address at (Address) do hereby APPOINT (Insert name of Agent /Attorney-In-
Fact)) single/married (insert name of spouse if married), likewise of legal age, with postal address at
(Address) as our true and legal representative to act for and in our name and stead and to perform
the following acts:

To sell, offer for sale, and come to an agreement as to the purchase price and
thereafter to sign for us and in our name and receive payment from the sale of our
property more particularly described as follows: (Insert Description of Property)

HEREBY GRANTING unto our representative full power and authority to execute and
perform every act necessary to render effective the power to sell the foregoing properties, as
though we ourselves, have so performed it, and HEREBY APPROVING ALL that he may do by
virtue hereof with full right of substitution of his person and revocation of this instrument.

IN WITNESS WHEREOF , WE HAVE HEREUNTO SET OUR HANDS THIS ____ DAY OF
_______________ 20__, AT (Insert Place of execution of this Instrument).

_______________________________ __________________________________
(Name of Principal) (Name of Agent /Attorney-In-Fact)

Signed in the presence of:

_____________________________ ___________________________________

Republic of the Philippines )


_________________________) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Principal) 10000000 Jan 09, 20__ / Angeles City


(Name of Agent) 10000000 Jan 16, 20__ / City of Manila

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS:

I, ____name of testator_____ , Filipino citizen, of legal age, single/married to ___insert name of


spouse if any___, born on the ____th of ______________, ____ , a resident of __insert address__ ,
being of sound and disposing mind and memory, and not acting under undue influence or
intimidation from anyone, do hereby declare and proclaim this instrument to be my Last Will
and Testament, in English, the language which I am well conversant. And I hereby declare
that:

I. I desire that should I die, it is my wish to be buried according to the rites of the
Roman Catholic Church and interred at our family mausoleum in Manila;

II. To my beloved wife _____name of wife_____, I give and bequeath the following
property to wit:_________________________ ;

III. To my esteemed children, ________________________ and ______________________I


give and bequeath the following properties to wit:_______________________________ in
equal shares;

IV. To my dear brother, __________________________I give and bequeath the following


properties to wit:_______________________________.

V. To my loyal assistant, __________________________I give and bequeath the following


properties to wit:_______________________________.

VI. I hereby designate ____name of executor_____ the executor and administrator of


this Last Will and Testament, and in his incapacity, I name and designate
_____________________ as his substitute.

VII. I hereby direct that the executor and administrator of this Last Will and
Testament or his substitute need not present any bond;

VIII. I hereby revoke, set aside and annul any and all of my other will or testamentary
dispositions that I have made, executed, signed or published preceding this Last Will
and Testament.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of


_____________, 20__, in ________________, Philippines.

_______________________________________
(Signature of Testator over Printed Name)

ATTESTATION CLAUSE
We, the undersigned attesting witnesses, do hereby affirm that the forgoing is the last Will and
Testament of ___name of testator___ and we certify that the testator executed this document
while of sound mind and memory. That the testator signed this document in our presence, at
the bottom of the last page and on the left hand margin of each and every page, and we, in
turn, at the testator's behest have witnessed and signed the same in every page thereof, on the
left margin, in the presence of the testator and of the notary public, this _____ day of
__________, 20__ at____________.

______________________________ ____________________________________________
Signature of Witness Address

______________________________ ____________________________________________
Signature of Witness Address

______________________________ ____________________________________________
Signature of Witness Address

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the city of ________________, personally appeared:

The testator ________________, with CTC No. __________ issued at ___________ on ____________;

Witness, ___________________, with CTC No. __________ issued at ___________ on ____________;

Witness, ___________________, with CTC No. __________ issued at ___________ on ____________;

Witness, ___________________, with CTC No. __________ issued at ___________ on ____________;

all known to me to be the same persons who executed the foregoing Will, the first as testator
and the last three as instrumental witnesses, and they respectively acknowledged to me that
the same as their own free act and deed.

This Last Will and Testament consists of __ page/s, including the page on which this
acknowledgment is written, and has been signed on the left margin of each and every page
thereof by the testator and his witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place above written.

Notary Public

Doc. No. _____;


Page No._____;
Book No._____;
Series of 20__.
(Affidavit One and the Same Person)

Republic of the Philippines)


Province of ________________ S.S.
City/Municipality of__________) x- - - - - - - - - x

JOINTAFFIDAVIT

We,__________and__________, both Filipinos, of legal ages, and residents of_________and


____________, respectively, having been duly sworn in accordance with law, hereby depose and
state:

That we have personally known the person of MARIA CLARA for a long period of time having
been her long time friend; That we know for a fact that the person by the name of" MARIA
CLARA" appearing in some documents and records or specifically in her Certificate of Live
Birth and the name "MARIA CLARA" as appearing in the records of Social Security Systems
(SSS), refer to one and the same person and that her true and correct name is MARIA CLARA;

As such, we execute this Affidavit or attest to the truth of the foregoing facts and for whatever
legal purpose that this Affidavit may serve.

IN WITNESS WHEREOF, we have set our hands this__________, at__________, Philippines.

AFFIANT AFFIANT

(JURAT)
(Affidavit Attesting to the Death of a Person)

Republic of the Philippines)


Province of _____________)S.S.
City/Municipality of _________)

JOINT AFFIDAVIT

We, ________and________, both of legal ages, Filipinos, and residents of ____________ and
___________, respectively, after having been duly sworn to in accordance with law, do hereby
depose and state the following:

That we are Barangay Officials of the aforementioned Barangay being the _____________ and
_____________, respectively.

That we know the person of _____________ because he was a resident of the aforementioned
Barangay of which we are officials;

That we know for a fact the said _____________ died on _____________ at _____________
due to _____________;

That we are executing this affidavit to attest to the truthfulness of the fact of death of the person
of _____________ and for whatever legal purposes that this statement may serve.

IN WITNESS WHEREOF, we have hereunto set our hands this _____________, in the City of

_____________, Philippines.

Affiant Affiant
(Affidavit of Denial of Criminal Cases)

Republic of the Philippines)


Province of _________________)S.S.
City/Municipality of ____________)
x---------x

AFFIDAVIT OF DENIAL

I,_____________, Filipino, of legal age,(single / married / widow), and as resident


of____________, Philippines, having been duly sworn in accordance with law, hereby depose
and state:

That I am NOT the same person as one____________a.k.a.__________who was charged under


I.S. No._____________/ Criminal Case No._____________before the___________for the crime
of___________;

That I have never been the subject of any criminal complaint, charge or proceeding before any
prosecutor or court;

As such, I am executing this Affidavit to certify or attest to the truth of the foregoing facts and
for purpose of denying that I am the _____________ who is the subject of the aforementioned
case and for whatever legal purpose that this Affidavit may serve.

IN WITNESS WHEREOF, we have set our hands this__________, in the City of____________,
Philippines.

(JURAT)
Republic of the Philippines)
Province of_______________)S.S.
City/Municipality of____________)
x---------x

AFFIDAVIT OF DESISTANCE

I,____________,Filipino, single, with residence__________, under oath allege:

1.That I am the complainant in Criminal Case No.__________for alleged "RAPE" against


accused___________, which case is pending before the Regional Trial Court, Branch______,
_____________City, Philippines;

2.That I signed the aforesaid complaint against accused__________against my will, my


signature in the complaint having been obtained thru force, violence and intimidation done to me
by my parents;

3.There is no truth to the allegations contained in my sworn statement executed by me against


my will on___________at____________, taken by____________. There was no force, violence
or intimidation done against me by said accused___________. I was not forced by him to submit
to his desires. It was all in accordance with my own will, volition and consent that I went
personally to him because we love each other and I agree and consent to live with him as my
husband;

4.I therefore respectfully request that the above-mentioned case filed against said___________be
dismissed as in fact I now withdraw my complaint against him and I further manifest under oath
that I am now desisting from testifying against him in Court or in any other government entity or
agency in connection with the said criminal case.

IN WITNESS WHEREOF, I have hereunto set my hand this___________at____________,


Philippines.

AFFIANT

(JURAT)
(Affidavit of Desistance Theft)

Republic of the Philippines)


Province of_________________) S.S.
City/Municipality of ____________)
x------------x

AFFIDAVIT OF DESISTANCE

I,__________, of legal ages, Filipino,(single / married / widow), and a resident of


____________, Philippines, after having been duly sworn in accordance with law, hereby depose
and say:

That I am the private complainant in the criminal case entitled "____________"; for Theft
docketed as____________before___________Trial Court, Branch _____,__________City,
Philippines;

That I found out that the said accused at the time of the incident was not in his right mind and did
not know that what he was doing was wrongful and criminal considering that he was suffering
from Schizophrenia, Paranoid Type in acute exacerbation as certified to by
Dr.____________of____________;

That the items taken by the accused, consisting of____________and____________were


immediately recovered from him and their values had been voluntarily reimbursed by the
relatives of the said Accused;

In view of the foregoing, I finally manifest that I now completely and absolutely exonerate the
accused__________from any liability in connection with the above-mentioned criminal case and
that I am no longer interested, and I hereby desist, in prosecuting the said criminal case;

That I execute this Affidavit of Desistance so that the above-mentioned criminal case be
immediately dismissed and considered finally closed and the bond posted by the herein accused
be released to him;

As such, I am respectfully praying that the aforementioned case against the


Accused____________ be dismissed and finally closed.

IN WITNESS WHEREOF,I have hereunto set my hand this____________at__________City,


Philippines.

Affiant

(JURAT)
(Affidavit of Desistance Violation of BP 22)

Republic of the Philippines)


Province of _________________) S.S.
City/Municipality of____________)
x----------x

AFFIDAVIT OF DESISTANCE

I,___________, of legal age, Filipino and a resident of Bacolod City, after having been duly
sworn in accordance with law, hereby depose and say:

1.That I am the private complainant in the Criminal Cases


Nos.____________to____________entitled "People of the Philippines vs._____________"; for
Violation of Batas Pambansa Bilang 22 pending before the Municipal Trial Court,
Branch______, ____________City, Philippines.

2.In this regard, the accused___________has already paid in full the amount represented by the
checks subject of the above-mentioned cases, to with:
Criminal Case No.Check No.Amount

3.That in view of the payment in full by the accused, I would like to manifest that I am no longer
interested in the prosecution of the aforementioned criminal cases and I am respectfully
requesting the Honorable Public Prosecutor to move for the dismissal of the aforementioned
cases against the accused.

IN WITNESS WHEREOF, I have hereunto set my hand this_____________ at___________,


Philippines.

AFFIANT

(JURAT)
(Articles of Incorporation eCommerce eBusiness Company)

ARTICLES OF INCORPORATION

OF

________________SYSTEMS AND ELECTRONICS, INC.

Know All Men By These Presents:

That we, all of whom are of legal age and residents of the Philippines, Filipinos, have on this
day, voluntarily associated ourselves together for the purpose of forming a stock corporation
under the laws of the Republic of the Philippines:

AND WE DO HEREBY CERTIFY:

FIRST: That the name of the Corporation shall be __________________________ SYSTEMS


AND ELECTRONICS, INC.

SECOND: That the specific purposes for which said Corporation is formed are:

PRIMARY PURPOSE:

To engage in e-commerce business, including but not limited to the establishment and
maintenance of storefronts and sites for e-Marketplaces, e-Trading, and other electronic business
applications and services; to acquire, develop and market platforms, systems, or applications for
business-to-business integration and business-to-consumer solutions for e-Trading communities;
to develop, acquire, sell, or otherwise deal in end-to-end networking products and intelligent
network services and applications that support e-commerce network solutions; to acquire,
import, export, sell, market or otherwise deal in electronic products and equipment, computer
systems, peripherals and accessories, and To engage in any other business or undertaking that is
expedient and/or connected with or related to e-Commerce in all its aspects, Internet,
Cyberspace, Computer Systems and Electronics.

SECONDARY PURPOSES

To do and perform all acts and things necessary, and suitable or proper for the accomplishment
of any of the purposes or the attainment of anyone or more of the objects herein enumerated,
within or without the Philippines, and in any and all foreign countries, and to do everything
necessary, desirable or incidental to the accomplishment of the purposes or the exercise of any
one or more of the powers herein enumerated, or powers and authorities conferred upon
corporations organized under the laws of the Republic of the Philippines in general, and upon
domestic corporations of like nature in particular.
THIRD: That the place where the principal office of the corporation is to be established or
located is at _____________, Philippines.

FOURTH: That the term for which the Corporation is to exist is _____________ (________)
years from and after the date of issuance of the Certificate of Incorporation.

FIFTH: That the names, nationalities and residences of the incorporators are as follows:

Name Nationality Residence

SIXTH: That the number of directors of the Corporation shall be five (5) and that the names,
nationalities and residence of the Directors of said Corporation who shall act as such until their
successors are elected and have qualified as provided for in the by-laws are as follows:

Name Nationality Residence

SEVENTH: That the authorized capital stock of the Corporation is _____________


(P_____________) PESOS in lawful money of the Philippines, divided into
__________________________ (_________) shares with the a par value of _____________
(P_________) PESOS per share.

EIGHT: That the authorized capital stock of the corporation has been fully subscribed
representing the sum of __________________________ (P_______________) PESOS,
Philippine Currency, and at least twenty (25%) per cent of the total subscription has been paid as
follows:

Name No. of Shares Subscribed Amount Paid-In

NINTH: That _____________ has been elected by the subscribers as Treasurer of the
corporation to act as such until his/her successor is duly elected and qualified in accordance with
the by-laws; and that as such Treasurer, (he/she) has been authorized to receive for and in the
name and for the benefit of the corporation, all subscriptions paid by the subscribers.

TENTH: That no transfer of stocks or interest therein which will reduce the ownership of
Filipino citizens to less than the percentage of the capital stock required by law shall be allowed
or permitted to be recorded in the Corporate Books and this restriction shall be indicated in all
the stock certificates issued by the corporation.

ELEVENTH: That the corporation manifests its willingness to change its corporate name in the
event another person, firm or entity has acquired a prior right to use the said firm name or one
deceptively or confusingly similar to it.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this _____________, at the
City of _____________, Philippines.

(SIGNATURES OF ALL INCORPORATORS)


SIGNED IN THE PRESENCE OF:

________________ _________________

(ACKNOWLEDGMENT)
(Motion to Reduce Bail)

(CAPTION)

MOTION TO REDUCE BAIL

Accused, through counsel, by way of a special appearance solely for this purpose, respectfully
alleges:

1.That the accused has been charged with _____________ and that the bail for his provisional
release has been set at P_____________;

2. That the accused is a poor fellow of very limited means such that it is impossible for him to
pay the full amount of his bond and is therefore constrained to request for a reduction of the
amount of bail;

3. That it would be advantageous to everyone if he be given temporary liberty thereby allowing


him to continue with his gainful employment and as head of the family with _____________
dependents;

4. As such, accused appeals to the mercy and compassion of this Honorable Court and
respectfully requests that his bail be reduced to P_____________.

5.That this motion for reduction of bail is being filed without prejudice to any other remedy
which may be available to the accused and that the accused expressly reserves the right to
question the legality of the issuance of the search warrant or his warrantless arrest if the
circumstances would so warrant.

WHEREFORE, accused respectfully prays that his bail be reduced to P_____________.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Petition for Bail for Non Bailable Offense)

(CAPTION)

PETITION FOR BAIL

COMES NOW Defendant _____________, by the undersigned counsel and unto this Honorable
Court, most respectfully states:

That the Defendant is in custody for the alleged commission of an offense punishable by (life
imprisonment / reclusion perpetua);

That no bail has been recommended for (his/her) temporary release, on the assumption that the
evidence of guilt is strong;

That the burden of showing that evidence of guilt is strong is on the prosecution, and unless this
fact is satisfactorily shown, the defendant is entitled to bail as a matter of right.

PRAYER

WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the Defendant
_____________ be admitted to bail in such amount as this Honorable Court may fix.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:
(Complaint Affidavit for Filing of BP 22 Case)

COMPLAINT-AFFIDAVIT

I, _____________, Filipino, of legal age, (single / married / widow), and a resident of


_____________, Philippines, after being sworn to in accordance with law, depose and state:

That I know the person of __Respondent__, who is a resident of _____________, Philippines;

That sometime in the morning of __date of issue__, at __place of issue__, Philippines, the said
__Respondent__ issued in my favor a __Name of Bank__ Check No. _____________ in the
amount of P_____________ as supposed payment for the loan accommodation of
P_____________, which I have extended to (him/her);

That the said check is drawn against the account of the said __Respondent__ at __Name of
Bank__ with Account No. _____________;

That at the time the said __Respondent__ issued the delivered the said check to me, (he/she)
made the assurance and representation that the said check is a good check and would be covered
by sufficient funds when presented for payment;

However, when the above-mentioned check was deposited, the same was dishonored and
returned by the bank on the ground that the same was drawn against a "CLOSED ACCOUNT".A
true and faithful machine reproduction of the said check is hereto attached as Annex "____";

As such, I immediately notified said __Respondent__ of the dishonor and return of the said
check and demanded from (him/her) that (he/she) make good the said check within
_____________ (____) days from receipt thereof. A true and faithful machine reproduction of
my demand letter to (him/her) is hereto attached as Annex "____"

When said __Respondent__ failed to heed my demands, I endorsed the said check to my legal
counsel who immediately sent a formal demand letter through registered mail with return card on
_____________, which was received by the said __Respondent__ on _____________.As of date
however, __Respondent__ has unjustifiably ignored all these demands to pay the said account
and/or to redeem the said returned check. A true and faithful machine reproduction of my
demand letter to (him/her) is hereto attached as Annex ____"

I am therefore executing this Complaint-Affidavit in support of the charges for Violation of


Batas Pambansa Bilang 22 against the said __Respondent__, who may be served with subpoena
and other processes of this Honorable Office at (his/her) last known address at _____________,
Philippines;

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,


Philippines.
COMPLAINANT

SUBSCRIBED AND SWORN to before me this _____________ at _____________.I hereby


certify that I have examined the Affiant and that I am fully satisfied that (he/she) has voluntarily
executed and understood the contents of (his/her) Complaint-Affidavit.

Administering Officer
(Complaint for Acts of Lasciviousness)

(caption)

COMPLAINT

The undersigned, _____________, accuses _____________ of the crime of ACTS OF


LASCIVIOUSNESS, committed as follows, to wit:

That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of


_____________, Province of _____________ and within the jurisdiction of this Honorable
Court, the said accused _____________ did then and there willfully, unlawfully, and feloniously
embrace the undersigned, when the latter was about to enter a public toilet, holding her breasts
and taking liberties upon her person by force and against the will of the undersigned.

Contrary to law.

_____________, Philippines, __Date__.

COMPLAINANT

(JURAT)

Witnesses:

___________________

___________________
(Complaint for Adultery)

(caption)

COMPLAINT

The undersigned, _____________, accuses _____________ of the crime of adultery, committed


as follows, to wit:

That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of


_____________, Province of _____________ and within the jurisdiction of this Honorable
Court, the said accused _____________ did then and there voluntarily, unlawfully, and
feloniously had sexual intercourse with her co-accused _____________, who is not her husband,
and the latter knowing her to be married to _____________, voluntarily, unlawfully, and
feloniously had carnal knowledge with her.

Contrary to law.

_____________, Philippines, __Date__

COMPLAINANT

(JURAT)

Witnesses:

________________

____________________
(Motion to Quash)

(CAPTION)

MOTION TO QUASH

COME NOW defendants, by counsel and unto this Honorable Court, most respectfully move to
quash the information filed against the defendants on the ground of lack of jurisdiction over the
subject matter.

ARGUMENTS

Defendants are indicted for committing the crime of "Unjust Vexation" that is punished under
the Article 287, Paragraph 2 of the Revised Penal Code; Said provision states that:

"Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging
from 5 pesos to 200 pesos, or both."(emphasis ours)

Defendants, however, most respectfully submit that this Honorable Court lacks jurisdiction over
the subject matter of the offense for the reason that article 287, paragraph 2 of the revised penal
code that punishes "unjust vexations" cannot be a basis of any criminal prosecution for being
NULL AND VOID AND patently unconstitutional on its face because of the FOLLOWING
reasons:

a)Said penal provision condemns no specific or definite act or omission thus failing to define any
crime or felony;

b)Said penal provision is so indefinite, vague and overbroad as not to enable it to be known what
ACT is forbidden;

c)Such vagueness and overbreadth result to violation of the due process clause and the right to be
informed of the nature of the offense charged;

d) such vagueness and overbreadth likewise amount to an invalid delegation by Congress of


legislative power to the courts to determine what acts should be held to be criminal and
punishable.

e) a criminal or penal legislation must clearly define or specify the particular act or acts punished

It is a well-established doctrine that a criminal or penal legislation must clearly define or specify
the particular acts or omissions punished. As early as 1916, in the case of "United States vs.
Luling, 34 Phil. 725, our Honorable Supreme Court had the occasion to hold that:
"In some of the States, as well as in England, there exist what are known as common law
offenses. In the Philippine Islands no act is a crime unless it is made so by statute. The state
having the right to declare what acts are criminal, within certain well defined limitations, has a
right to specify what act or acts shall constitute a crime, as well as what act or acts shall
constitute a crime, as well as what proof shall constitute prima facie evidence of guilt, and then
to put upon the defendant the burden of showing that such act or acts are innocent and are not
committed with any criminal intent or intention."(emphasis and underscoring ours, cited in the
fairly recent case of Dizon-Pamintuan v. People of the Philippines, G.R. No. 111426, July 11,
1994) (emphasis and underscoring ours).

Two years later, this was followed by a scholarly exposition by Justice Johnson in the case of In
re: R. MCCULLOCH DICK, 38 Phil. 41, April 16, 1918, where he stated that:

"x x x In the Philippine Islands no act is a crime unless it is made so by law. The law must
specify the particular act or acts constituting the crime. If that were not so, the inhabitants could
not know when they would be liable to be arrested, tried and punished. Otherwise the mandatory
provisions of the law, that all criminal laws shall be prescribed, would prove to be a pitfall and a
snare. The inhabitants of the Philippine Islands, whether citizens, denizens or friendly aliens,
have a right to know, in advance of arrest, trial and punishment, the particular acts for which they
may be so tried. They cannot be arrested and tried, and then be informed for the first time that
their acts have been subsequently made a crime, and be punished therefor. x x x"(emphasis and
underscoring ours).

Justice (later Chief Justice) Fernando in his concurring opinion in the case of PEOPLE v.
CABURAL, G.R. No. L-34105, February 4, 1983, also made a similar observation, stating that:

"The maxim Nullum crimen nulla poena sine lege has its roots in history. It is in accordance with
both centuries of civil law and common law tradition. Moreover, it is an indispensable corollary
to a regime of liberty enshrined in our Constitution. It is of the essence then that while anti-social
acts should be penalized, there must be a clear definition of the punishable offense as well as the
penalty that may be imposed - a penalty, to repeat, that can be fixed by the legislative body, and
the legislative body alone. So constitutionalism mandates, with its stress on jurisdictio rather
than guvernaculum. The judiciary as the dispenser of justice through law must be aware of the
limitation on its own power." (emphasis and underscoring ours).

The rationale of said doctrine that a criminal or penal legislation must clearly define or specify
the particular act or acts punished is ably explained by the United Stated Supreme Court in the
case of LANZETTA v. STATE OF NEW JERSEY, 306 U.S. 451, where it held that:

"x x x It is the statute, not the accusation under it, that prescribes the rule to govern conduct and
warns against transgression. x x x No one may be required at peril of life, liberty or property to
speculate as to the meaning of penal statutes. All are entitled to be informed as to what the State
commands or forbids. x x x" (emphasis and underscoring ours).

Article 287, par. 2 of the Revised Penal Code condemns no SPECIFIC act or
omission!Therefore, it does not define any crime or felony.
Paragraph 2 of Article 287 of the Revised Penal Code does not define, much less specify, the
acts constituting or deemed included in the term "unjust vexations" resulting to making the said
provision a sort of a "catch-all" provision patently offensive to the due process clause;

The right to define and punish crimes is an attribute of sovereignty. Each State has the authority,
under its police power, to define and punish crimes and to lay down the rules of criminal
procedure. Pursuant to this power to define and punish crimes, the State may not punish an act as
a crime unless it is first defined in a criminal statute so that the people will be forewarned as to
what act is punishable or not. The people cannot be left guessing at the meaning of criminal
statutes;

Moreover, Article 3 of the Revised Penal Code defines felonies (delitos) as "acts or omissions"
punishable by law. Article 287, Par. 2 of the Revised Penal Code condemns no specific act or
omission! Therefore, it does not define any crime or felony!

Philippine Jurisprudence is replete with examples that would readily show that Art. 287, Par. 2 of
the Revised Penal Code has not been used to prosecute a well-defined or specific criminal
act.Instead, it was used as a "catch-all" provision to prosecute acts which are not expressly made
criminal by any other provision of the Revised Penal Code. This is anathema to criminal due
process that requires notice of what specific act or omission is punished by law;

An examination of the annals of our jurisprudence would likewise show that Art. 287, par. 2 of
the Revised Penal Code has not been used to punish a specific act:

a)In People v. Reyes, 60 Phil. 369, August 23, 1934, accused were found guilty of unjust
vexation by their act of disturbing or interrupting a ceremony of a religious character;

b)In Lino v. Fugoso, 77 Phil. 983, January 30, 1947, it was used to prosecute the accused of
unjust vexation committed by stopping the jeep driven by the complainant in a threatening
attitude and without any just cause therefor and telling him to stop driving for the City of Manila
while the strike of city laborers was still going on;

c)In People v. Reyes, 98 Phil. 646, March 23, 1956, it was held that the act of seizing, taking and
holding possession of passenger jeep belonging to complainant, without the knowledge and
consent of the latter, for the purpose of answering for the debt of the said owner, constitutes
unjust vexation;

d)In People v. Yanga, 100 Phil. 385, November 28, 1956, accused was convicted of unjust
vexation for the act of compelling the complainant to do something against his will, by holding
the latter around the neck and dragging him from the latter's residence to the police outpost;

e)In People v. Abuy, G.R. No. L-17616, May 30, 1962, the accused was prosecuted for unjust
vexation for the act of embracing and taking hold of the wrist of the complainant;

f)In People v. Carreon, G.R. No. L-17920, May 30, 1962, accused was convicted of unjust
vexation by the act of threatening the complainant by holding and pushing his shoulder and
uttering to the latter in a threatening tone the following words: "What inspection did you make to
my sister in the mountain when you are not connected with the Bureau of Education?"

g)In People v. Gilo, G.R. No. L-18202, April 30, 1964, the Court held that the absence of an
allegation of "lewd design" in a complaint for acts of lasciviousness converts the act into unjust
vexation;

h)In Andal v. People of the Philippines, G.R. No. L-29814, March 28, 1969, accused were found
guilty of unjust vexation under an information charging them with the offense of offending
religious feelings, by the performance of acts notoriously offensive to the feelings of the faithful;

i)In People v. Maravilla, G.R. No. L-47646, September 19, 1988, a accused was convicted of
unjust vexation for the act of grabbing the left breast of the complainant against her will; and

j) Recently in Kwan v. Court of Appeals, G.R. No. 113006, November 23, 2000, the act of
abruptly cutting off the electric, water pipe and telephone lines of a business establishment
causing interruption of its business operations during peak hours was held as unjust vexation;

From the above-cited cases, it clearly appears that Art. 287, par. 2 of the Revised Penal Code
does not punish a specific act.Instead, any and all kind of acts that are not specifically covered by
any other provision of the Revised Penal Code and which may cause annoyance, irritation,
vexation, torment, distress or disturbance to the mind of the person to whom it is directed may be
punished as unjust vexation; art. 287, par. 2 of the revised penal code suffers from A
CONGENITAL DEFECT OF vagueness and must be stricken down.

The term "unjust vexation" is a highly imprecise and relative term that has no common law
meaning or settled definition by prior judicial or administrative precedents; Thus, for its
vagueness and overbreadth, said provision violates due process in that it does not give fair
warning or sufficient notice of what it seeks to penalize;

This kind of challenge to the constitutionality of a penal statute on ground of vagueness and
overbreadth is not entirely novel in our jurisdiction. In an en banc decision in the case of
GONZALES v. COMELEC, G.R. No. L-27833, April 18, 1969, re: Constitutionality of Republic
Act No. 4880, our Honorable Supreme Court had the occasion to rule that the terms "election
campaign" and "partisan political activity" which are punished in said R.A. 4880 would have
been void for their vagueness were it not for the express enumeration of the acts deemed
included in the said terms. The Supreme Court held:

"The limitation on the period of "election campaign"or "partisan political activity" calls for a
more intensive scrutiny. According to Republic Act No. 4880: "It is unlawful for any person
whether or not a voter or candidate, or for any group or association of persons, whether or not a
political party or political committee, to engage in an election campaign or partisan political
activity except during the period of one hundred twenty days immediately preceding an election
involving a public office voted for at large and ninety days immediately preceding an election for
any other elective public office. The term 'candidate' refers to any person aspiring for or seeking
an elective public office regardless of whether or not said person has already filed his certificate
of candidacy or has been nominated by any political party as its candidate. The term 'election
campaign' of 'partisan political activity' refers to acts designed to have a candidate elected or not
or promote the candidacy of a person or persons to a public office . . ."

"If that is all there is to that provision, it suffers from the fatal constitutional infirmity of
vagueness and may be stricken down. x x x x x x x x x x x x.

"There are still constitutional questions of a serious character then to be faced. The practices
which the act identifies with "election campaign" or"partisan political activity" must be such that
they are free from the taint of being violative of free speech, free press, freedom of assembly,
and freedom of association. What removes the sting from constitutional objection of vagueness is
the enumeration of the acts deemed included in the terms "election campaign" or "partisan
political activity." (emphasis and underscoring ours).

Article 287, par. 2 of the Revised Penal Code punishes "unjust vexations" and that is all there is
to it! As such, applying the incontestable logic of the Supreme Court in said case of GONZALES
v. COMELEC would lead us to the inescapable conclusion that said penal provision suffers from
the fatal constitutional infirmity of vagueness and must be stricken down;

In the case of Connally v. General Construction Co., 269 U.S. 385, cited by our own Supreme
Court en banc in the case of Ermita-Malate Hotel and Motel Operators Assn., Inc. v. City Mayor
of Manila, G.R. No. L-24693, July 31, 1967), the United States Supreme Court ruled:

"That the terms of a penal statute creating a new offense must be sufficiently explicit to inform
those who are subject to it what conduct on their part will render them liable to its penalties is a
well-recognized requirement, consonant alike with ordinary notions of fair play and the settled
rules of law; and a statute which either forbids or requires the doing of an act in terms so vague
that men of common intelligence must necessarily guess at its meaning and differ as to its
application violates the first essential of due process of law." (emphasis and underscoring ours).

In fact, it is worst in the case of the 2nd Paragraph of Article 287 of the Revised Penal Code
because it punishes "unjust vexations" without even defining or enumerating the acts constituting
the said crime thus leaving men of common intelligence necessarily guessing at its meaning and
differing as to its application in complete disregard of constitutional due process;

Our Supreme Court in the case of U.S. v. NAG TANG HO, 43 Phil. 1, held that one cannot be
convicted of a violation of a law that fails to set up an ascertainable standard of guilt. Said ruling
cites the landmark case of U.S. v. L. COHEN GROCERY CO., 255 U.S. 81, where the United
States Supreme Court in striking down Section 4 of the Federal Food Control Act of August 10,
1917, as amended, as unconstitutional, stated that:

"The sole remaining inquiry, therefore, is the certainty or uncertainty of the text in question, that
is, whether the words 'that it is hereby made unlawful for any person willfully ... to make any
unjust or unreasonable rate or charge in handling or dealing in or with any necessaries,'
constituted a fixing by Congress of an ascertainable standard of guilt and are adequate to inform
persons accused of violation thereof of the nature and cause of the accusation against them. That
they are not, we are of opinion, so clearly results from their mere statement as to render
elaboration on the subject wholly unnecessary. Observe that the section forbids no specific or
definite act. It confines the subject matter of the investigation which it authorizes to no element
essentially inhering in the transaction as to which it provides. It leaves open, therefore, the widest
conceivable inquiry, the scope of which no one can foresee and the result of which no one can
foreshadow or adequately guard against. In fact, we see no reason to doubt the soundness of the
observation of the court below in its opinion to the effect that, to attempt to enforce the section
would be the exact equivalent of an effort to carry out a statute which in terms merely penalized
and punished all acts detrimental to the public interest when unjust and unreasonable in the
estimation of the court x x x (emphasis and underscoring ours).

Recently, in COATES v. CITY OF CINCINNATI, 402 U.S. 611, the United States Supreme
Court passed upon the issue of constitutionality of a Cincinnati, Ohio, ordinance that provides
that:

It shall be unlawful for three or more persons to assemble, except at a public meeting of citizens,
on any of the sidewalks, street corners, vacant lots, or mouths of alleys, and there conduct
themselves in a manner annoying to persons passing by, or occupants of adjacent buildings.
Whoever violates any of the provisions of this section shall be fined not exceeding fifty dollars
($50.00), or be imprisoned not less than one (1) nor more than thirty (30) days or both. Section
901-L6, Code of Ordinances of the City of Cincinnati. (emphasis and underscoring ours).

In hammering down the constitutionality of the above-cited Cincinnati, Ohio ordinance in its
landmark decision, the United States Supreme Court held that:

Conduct that annoys some people does not annoy others. Thus, the ordinance is vague, not in the
sense that it requires a person to conform his conduct to an imprecise but comprehensible
normative standard, but rather in the sense that no standard of conduct is specified at all. As a
result, men of common intelligence must necessarily guess at its meaning. Connally v. General
Construction Co., 269 U.S. 385, 391.

It is said that the ordinance is broad enough to encompass many types of conduct clearly within
the city's constitutional power to prohibit. And so, indeed, it is. The city is free to prevent people
from blocking sidewalks, obstructing traffic, littering streets, committing assaults, or engaging in
countless other forms of antisocial conduct. It can do so through the enactment and enforcement
of ordinances directed with reasonable specificity toward the conduct to be prohibited. It cannot
constitutionally do so through the enactment and enforcement of an ordinance whose violation
may entirely depend upon whether or not a policeman is annoyed.(emphasis and underscoring
ours).

Same things can be said of Art. 287, par. 2 of the Revised Penal Code that punishes unjust
vexations. As previously shown, the term"unjust vexations" is broad enough to encompass many
types of acts or conduct. But while these acts of types of conduct are within the State's police
power to prohibit and punish, it cannot however constitutionally do so when its violation may
entirely depend upon whether or not another is vexed or annoyed by said act or conduct and
whether or not said act or conduct is unjust is the estimation of the court;
ARTICLE 287, PAR. 2 OF THE REVISED PENAL CODE IS AN INVALID DELEGATION
OF THE LEGISLATIVE POWER to DEFINE what acts should be held to be criminal and
punishable.

The failure of Art. 287, par. 2 of the Revised Penal Code to define or specify the act or omission
that it punishes likewise amounts to an invalid delegation by Congress of legislative power to the
courts to determine what acts should be held to be criminal and punishable. Potestas delegata non
delegare potest. What has been delegated cannot be delegated. This doctrine is based on the
ethical principle that such as delegated power constitutes not only a right but a duty to be
performed by the delegate through the instrumentality of his own judgment and not through the
intervening mind of another (United States v. Barrias, 11 Phil. 327, 330);

Congress alone has power to define crimes. This power as an attribute of sovereignty may not be
delegated to the courts. When a criminal legislation leaves the halls of Congress, it must be
complete in itself in that it must clearly define and specify the acts or omissions deemed
punishable; and when it reaches the courts, there must be nothing left for the latter to do, except
to determine whether person or persons indicted are guilty of committing the said acts or
omissions defined and made punishable by Congress. Otherwise, borrowing the immortal words
of Justice Isagani Cruz in Ynot v. Intermediate Appellate Court (148 SCRA 659), the law
becomes a "roving commission," a wide and sweeping authority that is not "canalized within
banks that keep it from overflowing," in short a clearly profligate and therefore invalid
delegation of legislative powers;

Art. 287, par. 2 of the Revised Penal Code fails to set an immutable and ascertainable standard of
guilt, but leaves such standard to the variant and changing views and notions of different judges
or courts which are called upon to enforce it. Instead of defining the specific acts or omissions
punished, it leaves to the courts the power to determine what acts or types of conduct constitute
"unjust vexation". Moreover, liability under the said provision is also made dependent upon the
varying degrees of sensibility and emotions of people. It depends upon whether or not another is
vexed or annoyed by said act or conduct. As previously intimated, one cannot be convicted of a
violation of a law that fails to set up an immutable and an ascertainable standard of guilt.

Conclusion

In view of all the foregoing, Defendants submit that Art. 287, par. 2 of the Revised Penal Code
that punishes "unjust vexations" is unconstitutional on its face for its fatal failure to forbid a
specific or definite act or conduct resulting to its congenital vagueness and overbreadth which
are anathema to constitutional due process and the right to be informed of the nature of the
offense charged;

Moreover, by leaving it to the judiciary to determine the "justness" or "unjustness" of an act or


conduct that is not clearly defined or specified by law constitutes a fixing by Congress of an
unascertainable standard of guilt and therefore an invalid delegation, if not an abdication, of
legislative power;
Therefore, the conclusion is inevitable that Art. 287, par. 2 of the Revised Penal Code, being
facially unconstitutional, cannot be a basis of any criminal prosecution. As such, there is no
offense to speak of and consequently, this Honorable Court cannot acquire any jurisdiction
whatsoever to try the defendants of the charge of "unjust vexation".

PRAYER

WHEREFORE, it view of all the foregoing, it is most respectfully prayed that the information be
quashed, and defendants discharged.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Deed of Revocation of Donation)

DEED OF REVOCATION OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

That, I, _____________, Filipino, of legal age, (single / married / widow), and a resident of
_____________, Philippines, by virtue of a certain public instrument made and executed on
_____________ at _____________, Philippines, and entered on the Notarial Register of Notary
Public _____________ as Doc. No. ______, Page No. ______, Book No. ______, Series of
______, did voluntarily and freely give, by way of donation, unto _____________, who is also
of legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines
(hereinafter referred to as the "DONEE"), a certain parcel of land more particularly described as
follows:

(Technical Description of Property)

WHEREAS, the DONEE undertook to render support to the undersigned DONOR such that the
undersigned then willingly and voluntarily donated the aforementioned parcel of land to the
DONEE.

WHEREAS, in an act of ingratitude, the DONEE has refused to, still refuses and continues to
refuse to give support to the DONOR.

NOW, THEREFORE, I, _____________, by virtue of Article 765 of the New Civil Code, do
hereby revoke, avoid, and cancel the above-mentioned donation, and demand from said DONEE,
_____________, the immediate reconveyance of title of the above-described property in the
name of the undersigned and turn-over of possession thereof from the date hereof.

_____________, Philippines, _____________, 200__.

DONOR SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)
(Donation Mortis Causa)

DONATION MORTIS CAUSA

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of


_____________, Philippines (hereinafter called the "DONOR");

- and -

_____________, likewise of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines (hereinafter called the "DONEE");

witnesseth:

WHEREAS, the DONOR is the true and registered owner of a certain parcel of land, more
particularly described as follows:

(Technical Description of Property)

NOW THEREFORE, for and in consideration of the love and affection the DONOR has for the
DONEE, the DONOR does hereby TRANSFER, GIVE and CONVEY unto the DONEE,
(his/her) heirs, assigns and successors-in-interest, the above-described parcel of land, to take
effect upon the DONOR'S demise, subject to the following conditions:

1.That should _____________, the spouse of the DONOR, survive (him/her), the usufructuary
rights over the above-described parcel of land shall pertain to her during her lifetime;

2.That the DONEE shall not dispose of, or in any manner, encumber, the properties herein
donated during the lifetime of the said usufructuary;

3.That the DONEE hereby accepts and receives this donation made in (his/her)favor by the
DONOR, and hereby manifests (his/her) gratefulness for the latter's generosity and liberality;

4.That further, the DONOR hereby reserves unto himself the right to possess and sell the above-
described property, as true owner thereof, before his death, without need of prior consent or
approval by the DONEE.

IN WITNESS WHEREOF, we have hereunto set our hands, this _____________ at


_____________, Philippines.

DONOR DONEE
ATTESTATION CLAUSE

WE, the undersigned witnesses hereby attest and certify: That the foregoing DONATION
MORTIS CAUSA was executed by _____________ and consist of _____________ (_____)
pages, including this page where the Attestation of Witness and the Acknowledgement before the
Notary Public appears; That this was signed by the DONOR and the DONEE in our presence,
and we at their request, have signed these presents on the last page hereof, and on the left-hand
margin of each and every page, in their presence, and in front of each and everyone of us.

WITNESS ADDRESS

1. ____________________________________

2. ____________________________________

3. ____________________________________

Republic of the Philippines)


Province of ____________________)S.S.
City/Municipality of _____________)
x--------------x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________,


personally appeared the following persons, with their respective Community Tax Certificates as
follows:

Name C.T.C. No. Date / Place Issued

1. DONOR_____________ _____________

2. DONEE_____________ _____________

3. WITNESS_____________ _____________

4. WITNESS_____________ _____________

5. WITNESS_____________ _____________

all known to me and to me known to be the same persons who executed the foregoing DEED OF
DONATION MORTIS CAUSE which they acknowledged to me to be their free and voluntary
act and deed, consisting of only ______ (____) page/s, including this page in which this
Acknowledgement is written, duly signed by the Donor, the Donee and their three (3)
instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;
(Declaration of Heirship with SPA to Sell the Property Adjudicated)

DECLARATION OF HEIRSHIP

WITH SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

That we, _____________, widow; _____________ and _____________, all of legal age,
Filipinos, and residents of _____________, Philippines, hereby declare:

1. That _____________ (our father) and _____________ (our mother) were legally married and
begot by reason of said union, _____________ and _____________, both of whom are
legitimate children;

2. That our father _____________ died on _____________ at _____________, Philippines and


that at the time of his death, he was survived by his wife _____________ and all the above
named legitimate children. He died INTESTATE and had no known creditors nor left any debts;

3. During his lifetime, the spouses, the late _____________ and our mother _____________,
acquired a certain parcel of land described as follows:

(Technical Description of Property)

4. That pursuant to the provisions of Section 1 of Rule 74 of the Revised Rules of Court of the
Philippines and by virtue of our laws on INTESTATE SUCCESSION, we, the surviving spouse
_____________, and the children, namely, _____________ and _____________, do hereby
adjudicate unto ourselves OWNERSHIP, TITLE and INTERESTS over said parcels of land,
excluding any other person or persons not herein mentioned.

5. Further, we, _____________ and _____________ all surnamed _____________, have named,
constituted and appointed and by these presents, do hereby name, constitute and appoint our
mother, _____________ as our own, true and lawful ATTORNEY-IN-FACT, for us and in our
name, place and stead to SELL, TRANSFER, and CONVEY, under such terms and conditions
and for such price as she may deem fit and which she believes is beneficial and advantageous to
us, to whomsoever may buy or purchase the above-mentioned parcels of land of which we are
co-owners;

6. That she shall have full power and authority to act for and in our behalf, and to bind us on any
action or undertaking she may pursue, or agreements she may conclude, and for her to
consummate the transfer and conveyance of the property and execute the requisite documents
and/or instruments conveying such property as may be required, for and in our name;
7. HEREBY GIVING AND GRANTING unto said Attorney-in-Fact full power and authority to
do and perform all and every act or things requisite or necessary which may be required or
necessary to be done in and about the premises to carry into effect the foregoing authority to sell,
as fully to all intents and purposes as we might or could lawfully do if personally present and
hereby RATIFYING and CONFORMING all that our attorney-in-fact shall lawfully do or cause
to be done under and by virtue of these presents.

IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at


_____________, Philippines.

(SIGNATURE OF HEIRS)

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)
(Declaration of Heirship Self Adjudication of Estate of Deceased Person)

Republic of the Philippines)


Province of ____________________)S.S.
City/Municipality of _____________)
x--------------x

AFFIDAVIT

I, _____________, Filipino, of legal age, (single / married / widow), and a resident of


_____________, Philippines, after being sworn in accordance with law, depose and state:

1. That I am the only child and sole heir of _____________ who died intestate on
_____________ at _____________;

2. That said deceased left a certain parcel of land covered by Transfer Certificate of Title No.
_____________ and more particularly described as follows:

(Technical Description of Property)

3.That said deceased left no debts, nor any Last Will and Testament;

4.That pursuant to Sec. 1 of Rule 74 of the Revised Rules of Court of the Philippines, I hereby
adjudicate unto myself the above-described parcel of land, and the improvements found and
standing thereon, and I hereby request the Register of Deeds to issue a new Transfer Certificate
of Title in my name;

5.That the above-described parcel of land does not come under the operation of the
Comprehensive Agrarian Reform Program.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in _____________,


Philippines.

AFFIANT

(JURAT)
(Last Will and Testament)

LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS

I, _____________, of legal age, (single / married / widow), a citizen of _____________ and


currently a resident of _____________, with sound and disposing mind and memory, and
without having been forced, intimidated or unduly influenced by anybody, have hereby
voluntarily executed and proclaimed this instrument, as my Last Will and Testament, in English,
a language I speak and write with and of which I am well conversant:

1. That should I finally rest in eternal peace, it is my wish and desire that internment, vigil and
burial be made in accordance with the customs and traditions of the _____________ Church;

2.That I am the owner of the following properties:

(List and Description of Real and Personal Properties)

3.That should the Lord Almighty finally summon this soul from its earthly abode, it is my wish
and desire to bequeath, grant and devise my properties above-mentioned, as follows:

a)To my beloved (wife/husband) _____________, I hereby bequeath the properties listed as nos.
_______ above;

b)To my beloved children _____________, _____________, and _____________, I hereby


bequeath in equal shares, the properties listed as nos. _______ above;

c)To _____________ who has been my constant companion and nurse in my illness, I hereby
devise the property listed as no. _______ above;

d)To my (brother/sister/friend/etc.) _____________ I give the property listed as no. _______


above;

4.That should Divine Providence will it that I die ahead of my beloved (wife/husband), I hereby
proclaim as my wish and desire which my heirs, devisees and legatees should respect, that the
provisions of the foregoing Paragraph 3, Sub-Paragraphs b, c, and d be rendered temporarily
without force and effect, and my surviving (wife/husband) shall have full use and enjoyment of
all the above-listed properties; and only upon (his/her) demise shall the provisions of Paragraph
3, Sub-Paragraphs b, c, and d come into effect;

5.That for the purpose of rendering this Last Will and Testament effective thru the proper
proceeding in Court, I hereby name and constitute _____________ as Executor and
Administrator of this Last Will and Testament, and that in his incapacity, I hereby name
_____________ as his substitute;

6.That the Executor and Administrator I hereby nominate shall be excused from posting any
bond;

7.That I hereby revoke, set aside, and annul any other will or testamentary disposition I have
made, signed, or proclaimed.

IN WITNESS WHEREOF, I have hereunto set my this ______ at _____, Philippines.

TESTATOR

ATTESTATION CLAUSE

WE, the undersigned witnesses, do hereby affirm that the foregoing is the Last Will and
'Testament of _____________ and we hereby certify: That (he/she) executed the same while of
sound and disposing mind and memory; That he signed the same in our presence, at the bottom
of the last page and on the left hand margin of each and every page, and we, at his behest, have
signed hereunder and on the left hand margin of each and every page, in (his/her) presence, in
the presence of the Notary Public, and in the presence of each and every one of us this
_____________ at _____________, Philippines.

WITNESS ADDRESS

1. ____________________________________

2. ____________________________________

3. ____________________________________

Republic of the Philippines)


Province of ____________________)S.S.
City/Municipality of _____________)
x---------------x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________,


personally appeared the following persons, with their respective Community Tax Certificates as
follows:

Name C.T.C. No.Date / Place Issued

1. TESTATOR _____________ _____________


2. WITNESS_____________ _____________

3. WITNESS_____________ _____________

4. WITNESS_____________ _____________

known to me and to me known to be the same person who executed the foregoing Last Will and
Testament, which he acknowledged to me to be (his/her) own free and voluntary act and deed
and which (he/she) executed and signed in the presence of the three (3) above-named attesting
witnesses, who all signed their names as proof of their attestation on this page before the Testator
_____________ and in the presence of each and everyone of them, and they acknowledged the
same to be their free and voluntary act and deed.

This Last Will and Testament consists of _____________.(______) pages, including the page on
which the ratification and acknowledgment are written.

WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;
(Compromise Agreement Labor Case)

COMPROMISE AGREEMENT

We, Complainant _____________, and the Respondent _____________, hereby enter into this
Compromise Agreement / Settlement of Any and All Claims, and by virtue thereof manifest as
follows:

That Complainant _____________, by these presents, and for and in consideration of the total
amount of __________________________ (P_____________), which he acknowledged to have
received to his full and complete satisfaction from the Respondent _____________, hereby
declares that he has no further claims whatsoever against the Respondent _____________ or any
of its managers, staff, directors or officers and that he hereby releases and forever discharges the
said Respondent from any and all claims, demands, cause of action, or liability of whatever
nature arising out of his employment with the said Respondent;

That Complainant _____________ further manifests that the aforementioned amount that he
received from Respondent _____________ shall be in full and final settlement of all his claims
and benefits from the said Respondent, including those treated in the above-captioned case and
that the payment so received as provided herein should not in any way be construed as an
admission of liability on the part of Respondent _____________;

That this Compromise Agreement / Settlement of Any and All Claims constitutes a Release,
Waiver and Quitclaim and that no further claim, suit or proceeding of whatever nature may be
filed in any court or agency of the government against the herein Respondent or any person
acting in its interest, since any and all claims in connection with the previous employment of the
said Complainant have been finally settled once and for all.

As such, the parties hereto respectfully request the National Labor Relations Commission to treat
the above-captioned case as CLOSED and/or finally DISMISSED with prejudice.

IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at


_____________, Philippines, after the contents of this Compromise Agreement / Settlement of
Any and All Claims were read and understood by me after they have been explained by the
Administering Officer.

COMPLAINANT RESPONDENT

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)
(Jurat for an Individual Affiant)

SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who


exhibited to me (his/her) Community Tax Certificate No. _____________ issued at
_____________, Philippines on _____________.

Notary Public

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;

(Jurat for Joint Affiants)

SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who


exhibited to me (his/her) Community Tax Certificate No. _____________ issued at
_____________ on _____________ and by _____________ who exhibited to me (his/her)
Community Tax Certificate No. _____________ issued at _____________ on _____________.

Notary Public

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;
(Waiver Release and Quitclaim)

Republic of the Philippines)


Province of ____________________) S.S.
City/Municipality of _____________)
x--------------x

WAIVER, RELEASE AND QUITCLAIM

I, _____________, Filipino, of legal age, (single / married / widow), and a resident of


_____________, Philippines, after being sworn to in accordance with law, depose and state:

1. That by these presents, I hereby state that I have voluntarily resigned as __Position Held__ of
__Employer__;

2. That I hereby acknowledge to have received from my employer the sum of


__________________________ (P_____________) which is in full and final satisfaction of my
salary and other benefits that may be due me for the service which I have rendered for the latter
employer;

3. That I hereby declare that I have no further claims whatsoever against my employer, its
President, members of the Board, officers or any of its staff and that I hereby release and forever
discharge all of them from any and all claims, demands, cause of action of whatever nature
arising out of my employment with the latter;

4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in bar to
any suit or proceeding (Civil, SSS, PhilHealth, Medicare, Labor, etc.) to which either I, or my
heirs and assigns, may have against my employer in connection with my employment with the
latter and that the payment which I have received as provided herein should not in any way be
construed as an admission of liability on the part of my employer and is voluntarily accepted by
me and will, if need be, serve as full and final settlement of any amount(s) due me or any claims
or cause of action, either past, present, future, which I may have in connection with my
employment with my employer;

5.As such, I finally make manifest that I have no further claim(s) or cause of action against my
employer nor against any person(s) connected with the administration and operation of the latter
and forever release the latter from any and all liability.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,


Philippines. Affiant

(JUR
(Contract of Lease Simple Form)

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Lease made and entered into by and between:

_____________, of legal age, Filipino, (single / married / widow), and a resident of


_____________, Philippines, (hereinafter referred to as the "LESSOR");

- and -

_____________, of legal age, Filipino, (single / married / widow), and a resident of


_____________, Philippines, (hereinafter referred to as the "LESSEE");

WITNESSETH That:

WHEREAS, the LESSOR is the owner of a certain parcel of land situated at _____________,
Philippines, more particularly described as follows:

(Technical Description of Property)

WHEREAS, the Lessor desires to lease the afore-described property in favor of the LESSEE and
the LESSEE accepts the lease subject to the terms and conditions herein set forth.

NOW, THEREFORE, for and in consideration of the terms and conditions mutually agreed upon
by the parties, the LESSOR hereby lease unto the LESSEE, his heirs, successors and assigns, the
above-described parcel of land subject to the following terms and conditions, to wit:

1. That the term of this lease shall be for a period of _____________ (_____) (years/months) to
commence upon the signing of this Contract and shall be renewable for another _____________
(_____) (years/months) at the option of the LESSEE, and thereafter renewable upon mutual
agreement of the parties;

2. That the monthly rentals on the leased premises above-mentioned shall be


__________________________ (P___________), Philippine Currency for the first
_____________ (_____) (years/months) of this agreement, which shall be increased by
__________________________ (P___________) every _____________ (_____) (years/months)
thereafter. The rentals shall be paid by the LESSEE to the LESSOR on a monthly basis payable
on or before the _______th day of the every month;

3. That upon the signing of this Contract, the LESSEE agrees to pay advanced rentals for
_____________ (_______) months;
4. That the LESSOR shall pay the real property taxes levied of the leased premises
corresponding to the aforementioned parcel of land while the LESSEE shall pay the real property
taxes levied on the building and other improvements that shall be introduced by the latter;

5. It is expressly agreed by the parties herein that any fixed improvements or renovations that
will be introduced in the subject stall shall become the property of the LESSOR after the
expiration of the term of this Contract.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
_____________ at _____________, Philippines.

LESSOR LESSEE

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)
(Chattel Mortgage Without Separate Promissory Note)

CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Chattel Mortgage, made by and between:

_____________, of legal age, (single / married / widow), and a resident of _____________,


Philippines (hereinafter known as the MORTGAGOR);

- and -

_____________, of legal age, (single / married / widow), and a resident of _____________,


Philippines (hereinafter known as the MORTGAGEE);

WITNESSETH; That:

The MORTGAGOR is indebted unto the MORT-GAGEE in the sum of _____________


(P__________), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR
upon the signing of this instrument, payable to the order of the MORGAGEE without need of
prior demand or notice within a period of _____________ (years/months/weeks/days), at
_____________ (P__________) (monthly/weekly/daily) starting on _____________ and on
every _____________ thereafter until fully paid, with interest thereon at the rate of
_____________ (______%) percent per (month/annum).

NOW, THEREFORE, for and consideration of the afore-mentioned indebtedness, and to assure
the performance of said obligation to pay, the MORTGAGOR hereby conveys by way of
CHATTEL MORTGAGE unto the MORTGAGEE, (his/her) heirs, successors and as signs, the
following personal property now in the possession of said MORTGAGOR:

(Description of the Subject Personal Property)

That it is the condition of this Mortgage that should the MORTGAGOR perform the obligation
to pay the afore-cited indebtedness of _____________ together with accrued interest thereon,
within the agreed term, this Chattel Mortgage shall be discharged and shall at once become null
and void and of no effect whatsoever, otherwise, it shall subsist and remain in full force and
effect and be subject to foreclosure in the manner and form prescribed by law.

IN WITNESS WHEREOF, we have have hereunto set their hands, this _____________ at
_____________, Philippines.

MORTGAGOR MORTGAGEE
With my Marital Conformity:

Mortgagor's Spouse

SIGNED IN THE PRESENCE OF:

_________________ _________________

(ACKNOWLEDGMENT)

Affidavit of Good faith

We, the undersigned MORTGAGOR and MORTGAGEE hereby jointly and severally swear that
we executed the foregoing Chattel Mortgage in order to secure the indebtedness therein cited and
for no other purpose or purposes contrary to law.

MORTGAGOR MORTGAGEE

(JURAT)
(Motion for Bill of Particulars)

(CAPTION)

MOTION FOR BILL OF PARTICULARS

Defendant, through the undersigned counsel and unto this Honorable Court, respectfully avers:

1. That the plaintiff's complaint in paragraph 5 alleges:

From August 3 to December 2003, defendant never paid anything to herein plaintiff. The check
that he issued as partial payment for the first month also bounced. x x x(underscoring supplied)

2.The said allegation is not averred with sufficient definiteness and particularity, specifically it
does not mention the amount of the check therein mentioned, its check number, date, and the
drawee bank;

3.That a more definite statement on the matters as above-indicated is necessary in order to enable
the defendant to prepare its responsive pleading because from the very onset of this controversy,
the main dispute was on what was actually and exactly agreed upon by the parties as the amount
of monthly rentals on the lease of plaintiff's property;

4.However, due to the fact that defendant corporation had to transfer its liaison offices depending
on its project sites, the check stub where the above-mentioned check came from was probably
misplaced and could no longer be found;

5.That a bill of particulars or a more definite statement as to particulars of the said check which
was allegedly issued by the defendants as partial payment for the first month would definitely
simplify the issues in this case, and hopefully uncomplicate the negotiations between the parties
for an amicable settlement.

PRAYER

WHEREFORE, defendant most respectfully prays that an order be issued by this Honorable
Court requiring the plaintiff to make more definite statement as to the particulars of the check
mentioned in paragraph 5 of his complaint, particularly stating its amount, check number, date,
and the name of the drawee bank.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)
COPY FURNISHED:

OPPOSING COUNSEL
(Motion to Declare Defendant in Default)

(CAPTION)

MOTION

(TO DECLARE DEFENDANT IN DEFAULT)

Plaintiff, by counsel and unto this Honorable Court, respectfully states

1.The records of the Honorable Court show that Defendant was served with copy of the
summons and of the complaint, together with annexes thereto on _____________;

2.Upon verification however, the records show that Defendant _____________ has failed to file
his Answer within the reglementary period specified by the Rules of Court despite the service of
the summons and the complaint;

3.As such, it is respectfully prayed that Defendant _____________ be declared in default


pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the
complaint may warrant.

PRAYER

WHEREFORE, it is respectfully prayed that Defendant _____________ be declared in default


pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the
complaint may warrant.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Motion to Dismiss)

(CAPTION)

MOTION TO DISMISS

COMES NOW the Respondent, _____________ Inc., through the undersigned counsel,
appearing especially and solely for this purpose, and to this Honorable Court, most respectfully
moves for the dismissal of the Complaint on the following ground that THE HONORABLE
COURT HAS NOT ACQUIRED JURISDICTION OVER THE PERSON OF THE
DEFENDING PARTY.

DISCUSSION

A cursory reading of the Summons and Return of Service would readily show that the copies of
the Summons dated 08 May 2001 and the Complaint and its corresponding annexes were
allegedly delivered and tendered upon the Movant _____________ INC. through a certain Maria
Clara alleged to be the authorized personnel of Movant _____________ INC., Bacolod City on
29 August 2001. Copies of the said Summons and Return of Service that form part of the records
on the case are hereto pleaded as integral part of this Motion;

Said service of Summons, however, constitutes an improper service of summons amounting to


lack of jurisdiction over the person of the herein Movant Corporation _____________ INC. since
the summons was improperly served upon a person who is not one of those persons named or
enumerated in Section 11, Rule 14 of the 1997 Rules of Civil Procedure upon whom service of
summons shall be made;

The material provision on the service of summons provided for in Section 11 of Rule 14 of the
1997 Rules of Civil Procedure reads as follows:

"Section 11. Service upon domestic private juridical entity.- When the defendant is a
corporation, partnership or association organized under the laws of the Philippines with a
juridical personality, service may be made on the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel" (underscoring ours)

It bears no further emphasis that the service of the summons was done on a person who is not
included in the exclusive enumeration provided for under the said Section, as service was done
only on an alleged authorized personnel of the Movant Corporation;

This new revision of the Rules of Court for the service of summon is a clear departure from the
old rule as stated in Section 13, Rule 14 of the Rules of Court which provided that:
"SECTION 13.Service upon private domestic corporation or partnership. - If the defendant is a
corporation organized under the laws of the Philippines or a partnership duly registered, service
may be made on the president, manager, secretary, cashier, agent, or any of its directors."

It must be equally noted that the changes in the new rules are substantial and not just general
semantics as the new rules restricted the service of summons on persons clearly enumerated
therein. In effect, the new provision makes it more specific and clear such that in the case of the
word "manager", it was made more precise and changed to "general manager", "secretary" to
"corporate secretary", and excluding therefrom agent and director;

The designation of persons or officers who are authorized to accept summons for a domestic
corporation or partnership is under the new rules, limited and more clearly specified, departure
from which is fatal to the validity of the service of the summons and resulting in the failure of
the court to acquire jurisdiction over the person of the respondent corporation.

PRAYER

WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant
Corporation be dismissed for lack of jurisdiction over the person of the defendant.

Other reliefs just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Motion for Execution of Judgment)

(caption)

MOTION for execution

COMES NOW Plaintiff, by counsel and unto this Honorable Court, most respectfully states:

That on _____________, the Honorable Court rendered decision on the above-captioned case,
ordering as follows:

(State the Dispositive Portion of the Judgment)

That inquiry into the records of this case with this Honorable Court shows that no appeal has
been taken from the said decision after it has been rendered by the Honorable Court;

That the reglementary period for appeal has already expired, and said decision is now final,
unappeasable and executory.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that a Writ of Execution be


issued in the above-captioned ordering _____________.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Motion for Extension of Time to File Answer Responsive Pleading)

(CAPTION)

MOTION FOR EXTENSION OF TIME

DEFENDANT, by the undersigned counsel, and unto this Honorable Court, most respectfully
states that:

1. Defendant engaged the services of undersigned counsel only on _____________;

2. Defendant was served with Summons and copy of the Complaint on _____________ and thus
has until _____________ within which to submit an Answer or Responsive Pleading;

3. However, due to the pressures of equally urgent professional work and prior commitments, the
undersigned counsel will not be able to meet the said deadline;

4. As such, undersigned counsel is constrained to request for an additional period of


_____________ from today within which to submit Defendant's Answer or Responsive Pleading.
Moreover, this additional time will also allow the undersigned to interview the available witness
and study this case further;

5. This Motion is not intended for delay but solely due to the foregoing reasons.

PRAYER

WHEREFORE, Defendant most respectfully prays of this Honorable Court that he be given an
additional period of _____________ from today within which to submit an Answer or other
Responsive Pleading.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Motion for Extension of Time to Submit Counter Affidavit)

(CAPTION)

MOTION FOR EXTENSION OF TIME

Respondent, by the undersigned counsel, and unto this Honorable Office of the City Prosecutor,
most respectfully states that:

1. Respondent engaged the services of undersigned counsel only on _____________;

2. Respondent received the subpoena on _____________ and thus has until _____________
within which to submit his counter-affidavit;

3. However, due to the pressures of equally urgent professional work and prior commitments, the
undersigned counsel will not be able to meet the said deadline;

4. As such, undersigned counsel is constrained to request for an additional period of


_____________ from today within which to submit Respondent's counter-affidavit and other
supporting evidence. Moreover, this additional time will also allow the undersigned to interview
the available witness and study this case;

5. This Motion is not intended for delay but solely due to the foregoing reasons.

PRAYER

WHEREFORE, Respondent most respectfully prays of this Honorable City Prosecutor of


_____________ that he be given an additional period of _____________ from today within
which to submit his counter-affidavit and other documentary evidence.

MOST RESPECTFULLY SUBMITTED.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:
OPPOSING COUNSEL

(Motion for Intervention)

(caption)

MOTION FOR INTERVENTION

COMES NOW the Intervenor, by the undersigned counsel, and unto this Honorable Court, most
respectfully requests for leave to intervene in the above-captioned case, for the following
reasons:

That the Intervenor is a purchaser of some of the subdivided portions of Lot No. _______, the
subject matter of the above-captioned case;

That the Intervenor has a legal interest in the matter in litigation, or in the success of the
complainant, or is so situated as to be adversely affected by a distribution or other disposition of
the parcel of land, subject matter of the above-captioned case;

That this intervention will not, in the least, unduly delay or prejudice the adjudication of the
rights of the original parties in the case;

That the Intervenor's rights can be fully protected in this proceeding rather than by filing a
separate proceeding.

PRAYER

WHEREFORE, it is most respectfully prayed that the said _____________ be allowed to


intervene in this action by filing a Complaint in Intervention, a copy of which is attached to this
motion.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Motion to Set Case for Pre Trial)

(CAPTION)

EX PARTE MOTION TO SET CASE FOR PRE-TRIAL

Plaintiff, by undersigned counsel and unto this Honorable Court, respectfully states:

1. On _____________, undersigned received a copy of defendant's Answer in this case;

2. Considering that a Reply to the said Answer is no longer necessary due to the fact that said
Answer does not raise any new or substantial issue, or raise issues which should more properly
be addressed during the trial proper, the said Answer is therefore the last pleading contemplated
by the Rules of Court;

3. As such, undersigned respectfully requests that the instant case be immediately set for pre-
trial.

WHEREFORE, it is respectfully prayed that the instant case be immediately set for pre-trial,
pursuant to Rule 18 of the Rules of Court.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Motion to Withdraw Appearance as Counsel for Cause)

(CAPTION)

MOTION TO WITHDRAW

COMES NOW, the undersigned counsel, unto the Honorable Court, most respectfully states:

1.That the undersigned counsel has already terminated his attorney-client relationship with the
Defendant _____________, particularly because of the latter's deliberate failure to pay the fees
for the undersigned's legal services despite repeated requests for payment and repeated promises
to pay, in violation of the Defendant's Retainer Contract with the undersigned counsel;

2.That the statement of accounts of the undersigned counsel merely fell on deaf ears and not a
single centavo was paid to this date by the said Defendant contrary to all its representations;

3.That the undersigned counsel's previous request for said Defendant to give consent and
conformity to the undersigned counsel's Motion for Withdrawal was never acted upon to this
date;

4.That in view of the foregoing reasons, the undersigned counsel could no longer adequately
fulfill his obligations as legal counsel for the said Defendant;

5.That Rule 22.01 par. (f) of the Code of Professional Responsibility states that a lawyer may
withdraw his services when the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;

6.That there is a need to protect the members of the legal profession from clients who take
advantages of their professional services. In fact, the Honorable Supreme Court had the occasion
to state that:

"Counsel, any counsel, if worthy of his hire, is entitled to be fully recompensed for his services.
With his capital consisting solely of his brains and with his skill, acquired at tremendous cost not
only in money but in the expenditure of time and energy, he is entitled to the protection of any
judicial tribunal against any attempt on the part of the client to escape payment of his fees. It is
indeed ironic if after putting forth the best that is in him to secure justice for the party he
represents, he himself would not get his due. Such an eventuality this Court is determined to
avoid. It views with disapproval any and every effort of those benefited by counsel's services to
deprive him of his hard-earned honorarium. Such an attitude deserves condemnation."(Albano
vs. Coloma, 21 SCRA 411).

7.As such, undersigned most respectfully requests that he be allowed by this Honorable Court to
withdraw his appearance in this case as Counsel for the Defendant _____________ without the
latter's express conformity.
PRAYER

WHEREFORE, premises considered, undersigned counsel most respectfully prays that he be


allowed to withdraw his appearance in this case as counsel for the Defendant _____________,
dispensing with the latter's express conformity, and that he be relieved of all his responsibilities
relative to this case.

Other reliefs just and equitable under the premises are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Motion to Withdraw Appearance with Conformity)

(caption)

MOTION TO WITHDRAW

COMES NOW the undersigned counsel for the Defendant, unto this Honorable Court, most
respectfully states that due to professional and personal reasons, undersigned respectfully
requests that he be allowed by this Honorable Court to withdraw his appearance in this case as
counsel for the Defendant.

Henceforth, undersigned respectfully prays that future notices/processes of this Honorable Court
and pleadings/motions/correspondence from the prosecution in this case be sent directly to the
Defendant or to any counsel who may subsequently enter his appearance for the Defendant.

PRAYER

WHEREFORE, premises considered, undersigned counsel respectfully prays that he be allowed


to withdraw his appearance in the above-captioned case and that future notices/processes of this
Honorable Court and pleadings/motions/correspondence from the prosecution in this case be sent
directly to the Defendant or to any counsel who may subsequently enter his appearance for the
Defendant and that undersigned be relieved of all his responsibilities relative to this case.

Other reliefs just and equitable under the premises are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

With my conformity:

DEFENDANT

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL
(Acknowledgment of Debt)

DEED OF ACKNOWLEDGMENT OF DEBT

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of


_____________, after being duly sworn to in accordance with law, witnesseth and declare:

That I am indebted in the sum of _____________ (P_____________), Philippine Currency, to


_____________, who is also of legal age, (single / married / widow), and a resident of
_____________.

That I hereby promise and undertake to pay the said indebtedness unto the said _____________
within a period of _____________ (_____) (months/years/days) from today, in the amount of
_____________ (P_____________) (monthly/daily) every _____________ with interest at the
rate of _____________ (_____%) per centum per (month/annum) until fully paid.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in _____________,


Philippines.

AFFIANT

SIGNED IN THE PRESENCE OF:

_________________ __________________

(ACKNOWLEDGMENT)
(Promissory Note Simple Form)

PROMISSORY NOTE

P__________

FOR VALUE RECEIVED, I promise to pay without need of demand to the order of __Payee__,
at his office at _____________, the principal amount of PESOS:
_______________(P_________), on or before _____________.

__Date__, _____________, Philippines.

Maker

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