PracCourt1 MidtermLegalForms

Form No.
1: Complaint
Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Caloocan City, Branch 123
ANDRES BONIFACIO
Plaintiff,
-versus- Civil Case No. 12345

For: Recovery of Possession
ANTONIO LUNA
Defendant.
x-------------------------x
COMPLAINT
COMES NOW, Plaintiff, through the undersigned counsel unto this

Honorable Court, most respectfully states:
1. That the Plaintiff is of legal age, Filipino, single, and a

resident of 123 ABC St., Caloocan City, where he may be
served with court orders and processes;
2. That the Defendant is of legal age, Filipino, single, and a

resident of 123 XYZ St., Caloocan City, where he may be
served with court orders and processes;
3. That the Plaintiff is the registered owner of a parcel of land

with improvements located at 123 AAA St., Caloocan City
and covered by Transfer Certificate Title No. 12345,
containing a total land area of One Thousand Square Meters
(1,000.00 sq.m.), more or less, and more particularly
described as follows:
Transfer Certificate Title No. 12345
“A parcel of land (Lot No. 12345), situated in

the Barangay of Poblacion A, Caloocan City,
Island of Luzon. Bounded on the SW., along
lines 1-2 by Lot 14344; on the NW., along
lines 2-3 by Lot 10101; on the NE., along
lines 3-4-5-6 by Lot 143; on the SE., along
lines 6-1 by BBB St.. Containing an area of
One Thousand Square Meters (1,000 sq.m.),
more or less. x x x”
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Which parcel of land above-described has an assessed value
of One Million Pesos (Php 1,000,000.00), in Philippine
currency, and market value of Seven Hundred Thousand
Pesos (Php 700,000.00), in Philippine currency, as per Tax
Declaration No. 12345. A copy of T.C.T. No. 12345 is hereto
attached as Annex “A” and made integral part of this
Complaint;
4. That adjoining the Plaintiff’s land on the Northeast side,

along lines 3-4-5-6, is Lot No. 143 owned by the Defendant;
5. That the Plaintiff had the said property surveyed sometime

around July 2017 and it was discovered that the Defendant
knowingly and unlawfully occupied the portion of the lot
owned by the Plaintiff, thus depriving the Plaintiff of his right
of possession over the said property. A copy of the survey
here attached as Annex “B” and made integral part of this
Complaint;
6. That Plaintiff informed the Defendant his intention to use the

property and asked the latter to vacate the premises. A Notice
to Vacate was sent to Defendant on August 20, 2012. A copy
of the Notice to Vacate is hereto attached as Annex “C” and
made integral part of this Complaint;
7. Despite repeated demands, Defendant refused to vacate and

continues to occupy the property without the Plaintiff’s
consent;
8. Due to the consistent refusal of the Defendant, resort was

made to the Barangay Conciliation System on December 20,
2017. However, it proved futile as defendant refused to
appear before the Lupong Tagapamayapa. A copy of the
Certificate to File Action is hereto attached as Annex “D” and
made integral part of this Complaint;
9. Defendant’s act of dispossession has caused Plaintiff to suffer

material injury as Plaintiff was constrained to stop the
construction of his new house. The same acts of the
Defendant compelled the Plaintiff to incur damages
consisting of attorney’s fees in the amount of Thirty
Thousand Pesos (Php 30,000.00), in Philippine currency, and
filing fee, cost of transportation, and other miscellaneous
accommodation of its lawyer, and personal expenses to be
incurred in attending hearings of this case in the amount of
Fifty Thousand Pesos (Php 50,000.00), in Philippine
currency.

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PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court after proceedings, that judgment be rendered in favor of the
Plaintiff and ordering the Defendant and all persons claiming rights under him
to:
a. Permanently vacate the said parcel of land in question and

give the immediate right of possession to the Plaintiff;
b. Demolish and/or remove, at his expense, whatever structure

he caused to be constructed on the said parcel;
c. Pay the Plaintiff the sum of Eighty Thousand Pesos (Php

80,000.00), in Philippine currency, for the whole damages
incurred as abovementioned; and
d. Pay the cost of the suit.
The Plaintiff likewise prays for such other remedies and reliefs as may
be deemed just and equitable under the premises.
09 February 2018. Caloocan City, Philippines.
ATTY. JUAN DELA CRUZ

Counsel for the Plaintiff
101 XXX St., Caloocan City
(02) 444-000
Roll of Attorney No. 10101
IBP No. 4080255 / June 2014. Caloocan City.
PTR No. 9833997 / June 2014. Caloocan City.
MCLE Certificate of Compliance No. 14344
VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, ANDRES BONIFACIO, of legal age, Filipino, single, and a resident

of 123 ABC St., Caloocan City, after having been sworn in accordance with
law, depose and state that:
1. I am the Plaintiff in the above-entitled Complaint;
2. I have caused the preparation of the foregoing Complaint and

understood the contents thereof;
3. I hereby declare that all the allegations contained therein are

true and correct according to my knowledge and belief; and/or

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on the basis of copies of documents and records in my
possession;
4. I have not commenced any other action or proceeding

involving the same issue in the Supreme Court, the Court of
Appeals, or any other quasi-judicial tribunal or agency;
5. To the best of my knowledge, there are no other pending

action or proceeding of the same nature before any court,
tribunal, or quasi-judicial agency;
6. Should I thereafter learned that a similar action or proceeding

has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other quasi-judicial tribunal or
agency, I undertake to report such fact to the court within five
(5) days from discovery.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day

of February 2018 in Caloocan City, Philippines.
ANDRES BONIFACIO
Plaintiff
SUBSCRIBED AND SWORN to before me this 9th day of February

2018, in Caloocan City, Philippines, by Andres Bonifacio who exhibited to
me his Driver’s License No. 12345, issued on September 26, 2014 at
Quezon City, as competent evidence of his identity.
Doc. No. 01; ATTY. JOSE P. RIZAL

Page No. 02; Notary Public
Book No. III; Commission Serial No. 02241993
Series of 2018. Until December 31, 2020
Roll of Attorney No. 201078517 /
June 2014. Caloocan City.
PTR No. 20140457 / June 2014.
Caloocan City.
MCLE Certificate of Compliance
No. 10101

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Form No. 2: Answer

ANDRES BONIFACIO
Plaintiff,

For: Collection of Sum of Money
ANTONIO LUNA
Defendant.
x-------------------------x
ANSWER
COMES NOW, Defendant, through the undersigned counsel, and in

answer to the Plaintiff’s Complaint, unto this Honorable Court, most
respectfully avers:
1. That the Defendant admits Paragraphs 1 and 2 of the

Complaint;
2. That the Defendant is without knowledge or information

sufficient to form a belief as to the truth of the allegation in
Paragraph 3;
3. That the Defendant specifically denies each and every

material allegation made in Paragraphs 4 and 5, and that, in
truth and in fact, the Defendant already paid in full the amount
of Five Hundred Thousand Pesos (Php 500,000.00), in
Philippine currency, on February 24, 2014;
4. That the Defendant specifically denies the each and material

allegation made in Paragraph 6, and that, in truth and in fact,
there was no Demand Letter sent to the Defendant;
5. That the defendant most respectfully submit that the

Complaint hardly qualifies for an action for quieting of title
because the Plaintiff has not established equitable or legal title
to the parcel of land in question;
6. That, as counterclaim, due to the malicious filing of this suit,

the Defendant has hired the services of the undersigned
counsel for an agreed amount of Fifty Thousand Pesos (Php

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50,000.00), in Philippine currency, and has moral damages
amounting to Thirty Thousand Pesos (Php 30,000.00), in
Philippine currency.
PRAYER

Honorable Court after proceedings, that the Complaint be dismissed and
award the counterclaim to the Defendant.
The Defendant likewise prays for such other remedies and reliefs as
may be deemed just and equitable under the premises.

Counsel for the Defendant
(02) 444-000
EXPLANATION
A copy of the foregoing Answer was served to the Plaintiff’s counsel
by registered mail due to time and distance constraints and for lack of
manpower who can serve the same in person.

Cc:
ATTY. JOSE P. RIZAL

No. 123 ABC St., Caloocan City

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Form No. 3: Motion

ANDRES BONIFACIO
Plaintiff,

For: Collection of sum of money
ANTONIO LUNA
Defendant.
x-------------------------x
MOTION TO DECLARE THE DEFENDANT IN DEFAULT
COMES NOW, Plaintiff, through the undersigned counsel, unto this

Honorable Court, most respectfully states that:
1. On February 2, 2018, the Plaintiff filed a Complaint for

Collection of Sum of Money against the Defendant for the
recovery of Five Hundred Thousand Pesos (Php 500,000.00),
in Philippine currency;
2. On February 6, 2018, summons was served to the Defendant,

as evidenced by his signature on the summons;
3. Defendant has until February 21, 2018, or within fifteen (15)

days after service of summons, within which to file his
Answer;
4. Upon verification with the records of the case, it appears that

Defendant has not filed his Answer within the reglementary
period;
5. According to Sec. 3 of Rule 9 of the Rules of Court, “If the

defending party fails to answer within the time allowed
therefor, the court shall, upon motion of the claiming party
with notice to the defending party, and proof of such failure,
declare the defending party in default.”
PRAYER

Honorable Court after proceedings that:

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1. An Order of Default be issued declaring the Defendant in
default; and
2. The Plaintiff be allowed to present evidence ex parte.

(02) 444-000
NOTICE OF HEARING
BRANCH CLERK OF COURT
Regional Trial Court
Manila, Branch 123
ANTONIO LUNA
Defendant
123 XYZ St., Caloocan City
Greetings!
Please submit the following Motion to Declare the Defendant in Default

for the consideration and approval of the Honorable Court immediately upon
receipt hereof.

Cc:
ATTY. JOSE P. RIZAL


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Form No. 4: Pre-Trial Brief

ANDRES BONIFACIO
Plaintiff,

ANTONIO LUNA
Defendant.
x-------------------------x
PRE-TRIAL BRIEF
COMES NOW, Plaintiff, through the undersigned counsel, and unto

this Honorable Court, most respectfully submits his Pre-Trial Brief,
containing the following:
I – POSSIBILITY OF ENTERING INTO AN AMICABLE

SETTLEMENT AND TERMS OF ANY SUCH SETTLEMENT
1. Plaintiff is open to settling the dispute amicably, subject to a concrete

proposal that is fair and reasonable and a reciprocal manifestation of
openness from the defendant.
II – SUMMARY OF ADMITTED FACTS
1. Plaintiff claims that Defendant borrowed money from the former in the
amount of Five Hundred Thousand Pesos (Php 500,000.00), in
Philippine currency, as manifested by a Loan Agreement dated
September 9, 2017. A copy of the Loan Agreement is hereto attached
as Annex “A” and made integral part thereof of this Pre-Trial Brief;
2. Pursuant to the Loan Agreement, Defendant executed a Promissory

Note promising to pay the abovementioned loan on installment basis
until July 9, 2018. A copy of the Promissory Note is hereto attached as
Annex “B” and made integral part of this Pre-trial Brief; and
3. Defendant defaulted payment on January 2017 and, despite repeated

demands, Defendant failed to pay the outstanding balance of Three
Hundred Fifty Thousand Pesos (Php 350,000.00), in Philippine
currency. A copy of the demand Letter is hereto attached as Annex “B”
and made integral part of this Pre-Trial Brief;

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III – ISSUES TO BE RESOLVED OR TRIED
1. Whether or not the Plaintiff has a cause of action against the Defendant;
and
2. Whether or not the Defendant incur delay in the payment of his

obligation.
IV – WTNESSES TO BE PRESENTED
NAMES PURPOSES / SUBSTANCE OF TESTIMONY

1. Andres To testify that Defendant borrowed money from
Bonifacio him.
2. Melchora To testify that repeated demands were made to the
Aquino Defendant.
The Plaintiff reserves his right to present additional testimonial

evidence as the exigencies of the trial may require.
V – DOCUMENTARY EVIDENCE
DOCUMENTS PURPOSES / DESCRIPTIONS

1. Loan To prove that there is a contract between the
Agreement Plaintiff and the Defendant.
2. Promissory To establish the fact that Defendant actually
Note borrowed from the Plaintiff.
3. Demand To establish the fact that repeated demands were
Letters made on the Defendant but it proved to be futile.
a. dated
January 10,
2017
b. dated
January 25,
2017
4. Certificate to That a resort to barangay conciliation was made
File an Action but it proved futile.
The Plaintiff reserves his right to present additional documentary

evidence as the exigencies of the trial may require.
VI – AVAILMENT OF MODES OF DISCOVERY
The Plaintiff intends to use the modes of discovery available under the
Rules of Court, but not limited to deposition-taking.

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VII – APPLICABLE LAWS AND JURISPRUDENCE
Art. 1169 of the Civil Code of the Philippines provides:
“Those obliged to deliver or to do something

incur in delay from the obligee judicially or
extrajudicially demand from them the
fulfillment of their obligation. x x x”
PRAYER

Honorable Court that the foregoing Pre-Trial Brief be noted and admitted.

(02) 444-000
EXPLANATION
A copy of the foregoing Pre-Trial Brief was served to the Defendant’s

counsel by registered mail due to time and distance constraints and for lack of
manpower who can serve the same in person.

Cc:
ATTY. JOSE P. RIZAL


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Form No. 5: Judicial Affidavit

IN RE: PETITION FOR

ADOPTION OF MINOR
CHILD ANDRES DE
CASTRO AND FOR THE
CHANGE OF NAME OF
ANDRES DE CASTRO TO
ANDRES BONIFACIO
Spec. Proc. No. 12345

For: Adoption with Change of Name
SPOUSES CATALINA DE
CASTRO-BONIFACIO and
SANTIAGO BONIFACIO
Petitioners,
-versus –
LOCAL CIVIL REGISTRAR

OF MANILA, through the
CITY REGISTRAR, and
PHILIPPINE STATISTICS
AUTHORITY, through the
CIVIL REGISTRAR
GENERAL
Respondents.
x------------------------------x
JUDICIAL AFFIDAVIT OF CATALINA DE CASTRO-BONIFACIO
The TESTIMONY OF WITNESS CATALINA DE CASTRO-

BONIFACIO was taken by Atty. Jose P. Rizal at No. 123 XYZ Caloocan
City. The Witness is fully conscious that she is answering the questions under
oath and that she may face criminal liability for false testimony or perjury.
PURPOSE: To prove that she is the Petitioner in the above-entitled case; that
she has the qualifications and none of the disqualifications to
jointly adopt the minor Andres De Castro with her legal husband
Santiago Bonifacio; that said adoption is the most beneficial to

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the said minor; to testify as to other matters pertaining to this
Petition; and to identify documents pertinent to this case.
ATTY. RIZAL : QUESTION
WITNESS : ANSWER
xxx
ATTY. RIZAL : I am showing to you a Certificate of Live Birth

of a certain Andres De Castro. What is your
connection with Andres De Castro indicated in
this Certificate of Live Birth?
(Witness was shown a Certificate of Live Birth

of Andres De Castro marked as Exhibit “D”.)
WITNESS : He is the same Andres De Castro who is being

adopted in this case. He is my son and this is his
Certificate of Live Birth.
(Witness identified a Certificate of Live Birth of

Andres De Castro marked as Exhibit “D”.)
xxx
ATTY. RIZAL : I have no more questions. Thank you, Ms.

Witness.

of March 2018, at the City of Caloocan, Philippines.
CATALINA DE CASTRO-BONIFACIO
Affiant
SUBSCRIBED AND SWORN to before me this 9th day of March

2018, in Caloocan City, Philippines, by Andres Bonifacio who exhibited to
me her Driver’s License No. 12345, issued on September 26, 2014 at Quezon
City, as competent evidence of her identity.

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Doc. No. 01; ATTY. MELCHORA AQUINO
PTR No. 20140457 / June 2014.
Caloocan City.
No. 10101
SWORN ATTESTATION
I, JOSE P. RIZAL, after having been sworn in accordance with law,

hereby attest that:
1. I conducted the foregoing examination of Ms. Catalina De

Castro-Bonifacio at No. 123 XYZ St., Caloocan City;
2. I faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers that the Witness gave;
3. Neither I nor any other person then present or assisting him

coached the Witness regarding the latter’s answer.

of March 2018, at the City of Caloocan, Philippines.
JOSE P. RIZAL
Affiant
SUBSCRIBED AND SWORN to before me this 9th day of March

2018, in Caloocan City, Philippines, by Jose Rizal who exhibited to me his
Passport No. 12345, issued on September 26, 2014 at Quezon City, as
competent evidence of his identity.
Doc. No. 01; ATTY. MELCHORA AQUINO

PTR No. 20140457 / June 2014.
Caloocan City.
No. 10101

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Form No. 6: Formal Offer of Evidence

ANDRES BONIFACIO
Plaintiff,

ANTONIO LUNA
Defendant.
x-------------------------x
FORMAL OFFER OF EVIDENCE

Honorable Court, most respectfully submits this Formal Offer of Evidence as
follows:
DOCUMENTS PURPOSES / DESCRIPTIONS

A. Loan Agreement To prove that there is a contract between the
(dated September 26, Plaintiff and the Defendant.
2017)
B. Promissory Note To prove that the Defendant promised to pay
(dated September 26, the Plaintiff.
2017)
C. Demand Letter To prove that a demand was made, but proved
(dated January 26, to be futile.
2018)
D. Return Card To prove that the Defendant received the
Demand Letter sent by the Plaintiff.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this

Honorable Court takes note of the foregoing Formal Offer of Evidence and
that Exhibits A to D be submitted as evidence by the Plaintiff for purposes for
which they are offered.
09 March 2018. Caloocan City, Philippines.

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(02) 444-000
EXPLANATION
A copy of the foregoing Formal Offer of Evidence was served to the

Defendant’s counsel by registered mail due to time and distance constraints
and for lack of manpower who can serve the same in person.

Cc:
ATTY. JOSE P. RIZAL


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Form No. 7: Comment or Opposition to Formal Offer of Evidence

ANDRES BONIFACIO
Plaintiff,

ANTONIO LUNA
Defendant.
x-------------------------x
COMMENT / OPPOSITION TO THE FORMAL OFFER OF

EVIDENCE OF THE PLAINTIFF
COMES NOW, Defendant, through the undersigned counsel, unto this

Honorable Court, by way of Comment or Opposition, most respectfully states:
1. Exhibit “A”, Loan Agreement dated September 26, 2017, is

being objected to on the following grounds:
a. it is a mere photocopy; and

b. it is not properly identified.
2. Exhibit “B”, Promissory Note dated September 26, 2017, is

being objected to on the following grounds:
a. it is a mere photocopy;
b. it is not a negotiable instrument.
3. Exhibit “C”, demand letter dated January 9, 2018, is being

objected to on the following grounds:
a. it is a mere photocopy;
b. it is not properly identified.
4. Exhibit “D”, Return Card, is being objected to on the ground

that it is not received by the Defendant.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that

this Honorable Court takes note of the foregoing Comment / Opposition to

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the Formal Offer of Evidence of the Plaintiff, and that Exhibits “A” to “D”
not to be admitted by this Court in the disposition of this case.
Respectfully submitted.

(02) 444-000
EXPLANATION


Cc:
ATTY. JOSE P. RIZAL


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Form No. 8: Tender of Excluded Evidence

ANDRES BONIFACIO
Plaintiff,

ANTONIO LUNA
Defendant.
x-------------------------x
TENDER OF EXCLUDED EVIDENCE

Honorable Court, most respectfully states that:
1. On March 9, 2018, this Court issued an Order admitting

Exhibits “A”, “C”, and “D”, excluding Exhibit “B”;
2. Pursuant to the Order, Exhibit “B” was not admitted because

of being a mere photocopy;
3. Plaintiff respectfully tender Exhibit “B” for the purpose for

which it was offered, pursuant to the Formal Offer of
Evidence submitted to this Court on February 9, 2018. A copy
of the Formal Offer of Evidence is hereto attached as Annex
“A” and made integral part of this Tender of Excluded
Evidence;
4. Pursuant to Sec. 40 of Rule 132 of the Rules of Court, “If

documents or things offered in evidence are excluded by the
court, the offeror may have the same attached to or made part
of the record. x x x”
PRAYER

Honorable Court that the excluded evidence be made part of the records of the
case.

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Respectfully submitted.

(02) 444-000
EXPLANATION


Cc:
ATTY. JOSE P. RIZAL


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Form No.

Republic of the Philippines

-versus- Civil Case No. 12345

COMES NOW, Plaintiff, through the undersigned counsel unto this

1. That the Plaintiff is of legal age, Filipino, single, and a

2. That the Defendant is of legal age, Filipino, single, and a

3. That the Plaintiff is the registered owner of a parcel of land

Transfer Certificate Title No. 12345

“A parcel of land (Lot No. 12345), situated in

Practice Court I: Midterm Legal Forms

4. That adjoining the Plaintiff’s land on the Northeast side,

5. That the Plaintiff had the said property surveyed sometime

6. That Plaintiff informed the Defendant his intention to use the

7. Despite repeated demands, Defendant refused to vacate and

8. Due to the consistent refusal of the Defendant, resort was

9. Defendant’s act of dispossession has caused Plaintiff to suffer

Practice Court I: Midterm Legal Forms

WHEREFORE, premises considered, it is respectfully prayed of this

a. Permanently vacate the said parcel of land in question and

b. Demolish and/or remove, at his expense, whatever structure

c. Pay the Plaintiff the sum of Eighty Thousand Pesos (Php

d. Pay the cost of the suit.

09 February 2018. Caloocan City, Philippines.

ATTY. JUAN DELA CRUZ

VERIFICATION AND CERTIFICATION AGAINST FORUM

I, ANDRES BONIFACIO, of legal age, Filipino, single, and a resident

1. I am the Plaintiff in the above-entitled Complaint;

2. I have caused the preparation of the foregoing Complaint and

3. I hereby declare that all the allegations contained therein are

Practice Court I: Midterm Legal Forms

4. I have not commenced any other action or proceeding

5. To the best of my knowledge, there are no other pending

6. Should I thereafter learned that a similar action or proceeding

IN WITNESS WHEREOF, I have hereunto set my hand this 9th day

SUBSCRIBED AND SWORN to before me this 9th day of February

Doc. No. 01; ATTY. JOSE P. RIZAL

Practice Court I: Midterm Legal Forms

Republic of the Philippines

-versus- Civil Case No. 12345

COMES NOW, Defendant, through the undersigned counsel, and in

1. That the Defendant admits Paragraphs 1 and 2 of the

2. That the Defendant is without knowledge or information

3. That the Defendant specifically denies each and every

4. That the Defendant specifically denies the each and material

5. That the defendant most respectfully submit that the

6. That, as counterclaim, due to the malicious filing of this suit,

Practice Court I: Midterm Legal Forms

WHEREFORE, premises considered, it is respectfully prayed of this

09 February 2018. Caloocan City, Philippines.

ATTY. JUAN DELA CRUZ

ATTY. JUAN DELA CRUZ

ATTY. JOSE P. RIZAL

Practice Court I: Midterm Legal Forms

Republic of the Philippines

-versus- Civil Case No. 12345

MOTION TO DECLARE THE DEFENDANT IN DEFAULT

COMES NOW, Plaintiff, through the undersigned counsel, unto this

1. On February 2, 2018, the Plaintiff filed a Complaint for

2. On February 6, 2018, summons was served to the Defendant,

3. Defendant has until February 21, 2018, or within fifteen (15)

4. Upon verification with the records of the case, it appears that

5. According to Sec. 3 of Rule 9 of the Rules of Court, “If the

WHEREFORE, premises considered, it is respectfully prayed of this