PRACTICE COURT 1 (WEEK 1)

Miscellaneous & Other Pleadings

Date:
Name of recipient:
1.) DEMAND LETTER Address:
-an ordinary letter
Dear, Mr. A,
There must be an addressee, the address of the
recipient and date Re: Demand to Pay and Vacate

Use for: Greetings!

-Ejectment purposes
-Collection for Sum of Money We write on behalf of our client, Mr. B
(The contents of the body : It is a matter of
style!) Technique niyo yan kung paano niyo
*NOTE: ALL KINDS OF CASES WHERE IT NEEDS A sasabihin
DEMAND LETTER- pare-parehas lang ang itsura
*WHAT IS IMPORTANT: is that the “Re:”
needs to be reflected in the body of the
CONTENTS OF A DEMAND LETTER
letter)
*Date (IMPORTANT!)
SAMPLE BODY:
- it is when the demand letter was made not
necessarily when it was received by the other
We write on behalf of our client, Mr. B. There
party
is a contract between you and our client for a
period of one(1) year from __(this date)__ up
*Name of the addressee and address
to __(this date)__. Unfortunately, you failed
to pay.
*
- ex. “Dear, Mr. A”
Thus, we are demanding you to pay and
vacate the said property after fifteen (15)
*Any letter submitted to the court
days from receipt thereof.
-include “Re:”
Thank you!
-it means what is this letter all about
Signature
----------------------------------------------------------------
Normally, a demand letter is prepared by a
counsel if you are represented by a counsel BUT
you are not limited under the law to make a Basta kung anong nasa “RE:” that must be
demand letter as a complainant for that matter reflected in the body of the letter.

*If a demand letter is prepared by a lawyer


2.) SPECIAL POWER OF ATTORNEY (SPA)
-the principal is authorizing the agent to
perform specific task.
*SPA in a PRE-TRIAL
*Rules in Pre-Trial
-the parties and the counsel must both be
present but the presence of the client can be
dispensed with if the client authorized in writing
that he-/she be represented by the counsel.
-authorized in writing is NOT an authorization
letter it must be in the form of a Special Power
of Attorney
*Kahit anong SPA Yyan isa lang ang itsura nyan
at may magic words lang na kailangan yan. Yun
lang ang hahanapin ng examiner
-no need to apply the rules. (Formal
Requirements (FR) + Other Requirements (OR)
-SPA has its OWN FORM and appearance
EXAMPLE:
SPECIAL POWER OF ATTORNEY (spell out! No
abbreviation)
This Special Power of Attorney is entered by:
(Personal circumstances of the Principal)
_____________________
_____________________
_____________________Principal
And
(Personal circumstances of the agent)
_____________________
_____________________
_____________________Agent
Ex: Mr. A, Filipino, of legal age, (after personal
circumstances lagyan mo ng herein referred to
as principal same din du sa agent, after before
isulat yung word na agent ilagay muna yung
herein referred to as agent)
-We have the parties, first
-After mailagay mo ang personal circumstances
of the principal and the agent kailangan mong
ilagay yung considerations. Considerations can
be seen or read from in the “Whereas” clause
-Di kailangan madami yung whereas clause
importante we have to lay down the foundation
first
SPECIAL POWER OF ATTORNEY (spell out!
No abbreviation)
This Special Power of Attorney is entered by:
(Personal circumstances of the Principal)
_____________________
_____________________
_____________________Principal
And
(Personal circumstances of the agent)
_____________________
_____________________
_____________________Agent
Whereas, a pre-trial will be conducted for
Civil Case No. 1234 pending before the RTC
Caloocan Branch 122 for Sum of Money
Whereas, considering that the principal
personally attend the pre-trial conference
thus:
In consideration of the foregoing, the
principal do hereby name, constitute and
appoint (magic words) the agent to do the
following acts:
a.
b.
 c. (Refer to Rule 18, Rule of Court) PRE-TRIAL
d. (MEMORIZE!!!!!)
e.
f.
g.
h.
i. and to perform all acts necessary to
accomplish the abovementioned

(date)(San na execute)

___(sgd)_____ ____(sgd)____
Mr. A Mr. B
(Principal) (Agent)

Witnesses:

_____________ ____________

ACKNOWLEDGEMENT
(take note: 2004 Rules on Notarial Practice
BEFORE ME, personally appeared:

1. Mr. A __________ _________

2. Mr. B __________ _________

Notary Public

Doc
Page
Book
Series

SPA not ACSV no jurat. Therefore,

Acknowledgement

-Acknowledgement: Competent Evidence of

Identity

-Parties in Acknowledgement must be

two(principal and agent)
 (Date) (Place)

(law firm)
By: Atty. X

C.C.(Copy furnished)
3. NOTICES
Counsel for the Plaintiff
Notice of Appearance as Counsel
Notice of Withdrawal as Counsel
*di mo na kailangan ilagay sa body yung
-same appearance address kasi ilalagay mo siya sa signature
-FR+OR portion ng counsel.

C.C.(Copy furnished)
A. NOTICE OF APPEARANCE Counsel for the Plaintiff

________________________
_______(caption__________ Note:Di mo Kailangan i-copy furnished yung
________________________ court kasi ang entry of appearance mo naka
address sacourt. I-copy furnished mo sa
PLAINTIFF
Mr. A Docket No:
Vs For: Sum of -Lahat ng counsel concerned i-copyfurnished
Money mo
Mr. B

x--------------------------------x Entry of Appearance NOT ACSV, not

conveyance, not transfer of right, no jurat, no
NOTICE OF APPEARANCE acknowledgement and no notice of hearing
Normally address to the Clerk of Court BECAUSE it is not a motion.
NOTICE LANG SIYA
Branch of Clerk of Court -different kapag motion for entry of appearance
RTC Branch 122 Caloocan (FR+OR+R15)
Address of the Court

B. NOTICE OF WITHDRAWAL
Please be informed that the
undersigned counsel respectfully enters his ________________________
appearance as counsel for the defendant, Mr. _______(caption__________
B. ________________________

Thus, it is respectfully prayed that all

orders, processes, notices, decisions, Mr. A Docket No:
resolutions be sent to the counsel at his Vs For: Sum of
address indicated below. Money
 Mr. B ________________
________________
x--------------------------------x
Mr. A Docket No:
NOTICE OF WITHDRAWAL Vs For:
Normally address to the Clerk of Court Mr. B
X-------------------------X
Branch of Clerk of Court
RTC Branch 122 Caloocan NOTICE OF DISMISSAL
Address of the Court -payment
-misapprehension of facts
-change of hearts

Plaintiff, by counsel states that:

Please take note that the undersigned
counsel withdraws its appearance as counsel 1. A complaint was filed on _______
for Mr. B. Upon receipt hereof. 2. No answer was filed despite service
of summons
(Date) (Place) 3. That plaintiff is no longer interested
in pursuing the case.
(law firm)
By: Atty. X PRAYER

With conformity of Client Plaintiff respectfully states that the case be

dismissed.
(sgd)
Mr. B (Date)(Place)
Defendant
(SGD of Counsel)

C.C
Atty. X
Counsel for Plaintiff
NOTE: Notice of Appearance- no need for
conformity of client

B. DISMISSAL
-no notice of hearing, no jurat, no
Rule 17
acknowledgement
Section 1- by mere notice (FR+OR)
Section 2-motion (FR+OR+R15) -not ACSV

Section 1- by mere notice (FR+OR)

Section 2- MOTION yan

LITIGATED MOTION
________________ Follow the formula: FR+OR+R15
 ________________
________________
________________

Mr. A Docket No:

Vs For:
Mr. B
X-------------------------X

NOTICE OF DISMISSAL
-payment
-misapprehension of facts
-change of hearts

Plaintiff, by counsel states that:

1. A complaint was filed on _______
2. No answer was filed despite service
of summons
3. That plaintiff is no longer interested
in pursuing the case.

PRAYER

Plaintiff respectfully states that the case be

dismissed.

(Date)(Place)

(SGD of Counsel)

Notice of Hearing
BCC
Greetings

Please be informed that this motion…

(sgd for counsel)
Atty. X
-no need for Roll, IBP, PTR, MCLE kasi nasa
signature portion na

C.C. Copy furnished

 Info-1 person
2. Where filed
CA; it depends
-pag may PI- Office of the Prosec
-pag NO Pi-direct filing

Info-Court

Four tests of the sufficiency of Information

-must always nbe present in writing a
complain/Affidavit

1. Sufficiency in the place of commission

of the offense
GR: General allegation of the place of
PRACTICE COURT 1 (WEEK 3) the commission of the crime is
sufficient
Example- “On or about ___in the City of
Complaint/Information Pasay and within the jurisdiction of this
-must satisfy the substantial aspect Honorable court”

Institution of criminal Action kahit walang
affidavit derecho information
-caught in the act- in flagrante delicto prov. May
inquest
Complaint-Affidavit
-sworn written statement charging a person
with a particular offense subscribed by the
offended party, peace offivcer or other public
officer charged with the enforcement of the law
-pasok sa ACSV-jurat
Information
-is an accusation in writing charging a person
with an offense subscribed by the prosecutor
and filed to the court
XPN: if the place of commission of the
offense is a material ingredient of the
crime (if the place of the commission is
a determinative factor of the sufficiency
of the complaint)
Example: trespass to dwelling, violation
of domicile, robbery of inhabited place
2. Date of Commission
-general allegation of the time is
sufficient
Example: “On or about the 15 th day of
December
XPN: infanticide, Physical Injuries-
medical treatment needed

Distinctions:
Complaint-Affidavit vs Information 3. Name of the Offended Party
-the name of the party must be alleged
1. is sworn by? Rationale: Proper and efficient
CA-3 persons administration of Justice
 - The name and surname of the offended -Mr. A businessman, met Ms. A on a business
party must be specified in case the trip
name and surname cannot be -Mr. A met Ms. C got married, 8/15/2019 in
ascertained at least the appellation or Baguio
nickname must be stated.
Writing a complain affidavit is a matter of of
OFFENDER style pag pasok na yung sufficiency tests—
-name of offender must be stated STOP!
Rationale: for efficient administration of justice
if real name cannot be ascertained, John Doe,
Peter Doeor Jane Doe
In practice refrain from using Juan Dela Cruz Republic of the Philippines)
because in the Philippines, Juan Dela Cruz is a Makati City ) SS
common name among Filipinos. Iwasan
gumamit ng Juan Dela Cruz
COMPLAINT- AFFIDAVIT

I, Mrs. B, Filipino, married, of legal age,

4. Prohibition for the Duplicity of the
residing at_____after has sworn to states
Offense
that:
- Pag complaint affidavit: ilagay mo lahat
ang committed acts 1. I married my husband Mr. A on
- Information: 1 is to 1; one act _____Date ______(place)
constituting an offense except Attached____
COMPLEX CRIMES 2. Businessman____
3. The fact of meeting Ms. C
4. I discovered somewhere the affair
RA 9165 5. A second marriage was celebrated
-use without the first marriage having
-Pushing been dissolved.
-den
Pag gagawa ng complaint pwedeng pagsamahin (Date)(Place)
pero kapag information aplly the 1:1 rule
JURAT

COMPLAINT-AFFIDAVIT
SS-Scilicet meaning Republic of the Philippines
specifically for the Makati City
Filed in Baguio
-dun nagpakasal dun mo i-file
Complaint-Affidavit
-first person POV
INFORMATION
Facts of the case
Checklist+ FR+OR
-Mr. A and Mrs. B
-may PI
-married
-on 3/24/1950
-1 child
 Republic of the Philippines
RTC
Bagio City, Branch ____

People of the Philippines Crim case No.

Vs for: Bigamy
Mr. A
x------------------------------x

INFORMATION

The aftersigned prosecutor accuses Mr. A of

the crime of Bigamy defined and penalized
under Article __ of the RPC committed as
follows:
That on or about 8/15/2019 in Baguio City
and within the jurisdiction of this honorable
Court accuse Mr. A did then and there
wilfully, unlawfully and feloniously
contracted a second marriage with Ms. C
without the first marriage with Mrs. B having
been dissolved to the damage and prejudice
of Mrs. A.

Contrary to Law
(sgd)
Ass. City Prosecutor, name____

Approve by:
Important may
City Prosecutor portion na approved

CERTIFICATION

This information was filed after the conduct Dumaan lang sa Preliminary Investigation
of Preliminary Investigation Pag di mamemorize yan lang sabihin.

JURAT

_____________________________________

Witnesses, bail recommended