Legal Forms of Philippines

SAMPLES OF BASIC LEGAL FORMS
I.

CAPTIONS

Under the Judiciary Reorganization Act of 1980 (Batas Pambansa
Blg.129), all courts except the Supreme Court, the Sandiganbayan and the Court
of Tax Appeals were abolished and the following Courts were created:
Intermediate Appellate Court; Regional Trial Court created in 13 Judicial Regions
including the National Capital Regions and other areas as may be established by
law; Municipal Trial Courts in cities and municipalities; and the Municipal Circuit
Trial Courts. Under Executive Order No. 3 dated 1986, the Intermediate
Appellate Court was renamed the Court of Appeals.
The following are representative samples of Caption filed in said courts:

REPUBLIC OF THE PHILIPPINES
SUPREME COURT
COURT OF APPEALS
MANILA
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch 1
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Bangued, Abra (Branch 1)
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT OF METRO MANILA
Manila, Branch 1
MUNICIPAL TRIAL COURT
Dagupan City, (Branch 1)
MUNICIPAL TRIAL COURT
Lingayen, Pangasinan
MUNICIPAL CIRCUIT TRIAL COURT
Sison, Pangasinan

JUAN DELA CRUZ
Plaintiff,

Civil Case No.________
For Sum of Money

-versusPEDRO SANTOS
Defendant.
X------------------------------------------X
II.

ACKNOWLEDGMENT; JURAT
ACKNOWLEDGMENT
(Simple form)

REPUBLIC OF THE PHILIPPINES}
PROVINCE OF
} SS
MUNICIPALITY
}
BEFORE ME, this_____ day of _________, 2001 in the Municipality of
_________________, Province of _____________, Philippines, personally
appeared _______________________ , with Residence Certificate No. _______
issued at ________, on _______________ , and B.I.R. Tax Account
No.________ known to me to be the same person who executed the foregoing
instrument, and he acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal, the day, year, and place above written.
Notary Public
My Commission expires Dec. 31, 2001
IBP No. ________, 1/2/2001, Pasig City
P.T.R. No. ______, 2/2/2001, Pasig City
Doc. No. _____;
Page No. ____;
Book No. _____
Series of 20___

ACKNOWLEDGMENT OF INSTRUMENT CONSISTING OF TWO OR MORE
PAGES
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ______________ )
MUNICIPALITY OF _____________)

S.S.

BEFORE ME this _____ day of _______________, 2001 in the
Municipality of _________________, Province of ____________, Philippines,
personally appeared ______________________, with Community Tax Certificate
No. _________ issued at ________________ on ________________ and T.I.N.
No. ________, known to me to be the same person who executed the foregoing
instrument, and he acknowledged to me that the same is his free act and deed.
This instrument, consisting of _____ pages, including the page on which
this acknowledgement is written , he has been signed on the left margin of each

and every page thereof by __________________ and his witness, and sealed
with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand, the day, the year,
and the place above written.
NOTARY PUBLIC
My Commission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No. ____, 2/2/2001, Pasig City
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 20____
JURAT

SUBSCRIBED AND SWORN to me, in the Municipality of ________, this
____th day of ______, 19 ____ by, _______ with Community Certificate No.
_____ issued at _____ on ______, 2001.
NOTARY PUBLIC
My Comission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City
Doc. No._____;
Page No._____;
Book No._____;
Series of 20____.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
VERIFICATION
JUAN DELA CRUZ, subscribing under oath, hereby deposes and states
that:
I am the petitioner in the instant case.
I have read the foregoing Petition and the allegations therein are true and
correct of my own knowledge and/or based on the records on hand.
I attest to the authenticity of the annexes thereof.
CERTIFICATION
I certify that:

a. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal or agency.
b. No such action or proceeding is pending in the Supreme Court, the
Court of Appeals, or different Divisions thereof, or any other tribunal or
agency.
c. If I should learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal or agency, I hereby undertake
to notify this Honorable Court within five (5) days from such notice.
_____________________
__
JUAN DELA CRUZ
JURAT

VERIFICATION AND CERTIFICATION
(Certification of Non-Forum Shopping incorporated with Verification
for a petition for certiorari)
JUAN DELA CRUZ subscribing under oath, hereby deposes and states
that: He is a petitioner (or respondent/plaintiff/defendant) in this case. He has
read the foregoing petition, and the allegations contained therein are true and
correct of his own knowledge and/or based on authentic records. He attests to
the authenticity of the annexes thereof.
Petitioner has not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal or agency; No such action or proceeding
is pending in the Supreme Court, the Court of Appeals or different Divisions
thereof, or any other tribunal or agency; If petitioner should learn that a similar
action or proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or different Divisions thereof, or any other tribunal or agency,
he hereby undertakes to notify this Honorable Court within 5 days therefrom.
_______________
JUAN DELA
CRUZ
Petitioner
SUBSCRIBED AND SWORN to before me this 27 th day of January 2000 in
the City of Manila, affiant exhibiting to me her Community Tax Certificate No.
12345678 issued on January 3, 2000 in the City of Manila.
_________________
MARIA A. SANTOS
Notary Public
My Commission Expires Dec. 31, 2001
IBP No. _______, 1/16/2001, Pasig City
PTR No. _______, 1/2/2001, Pasig City
Doc. No. ____
Page No. ____
Book No. ____

Series of 20___
Copy Furnished:
1. Perez & Matias Law Offices
49 Dapitan St. , Sampaloc Mla.
(addressed to the Counsel of the adverse party)
EXPLANATION
EXPLANATION
This Certifies that personal service was not resorted to for the reason that
due to time, distance and manpower constraints, the same is not practicable.
_________________
Counsel
III.

AFFIDAVITS
AFFIDAVIT OF LOSS

Republic of the Philippines
Province Of
Municipality of
I, ___________________, of legal age, single/married, residing at
____________, after being sworn in accordance with law, depose and say:
That I am the true owner of _______________, described as follows to
wit:
(Description of property)
That the said automobile had been duly registered in my name in the
Land Transportation Office in ___________ for the year (or years)
____________;
That the certificate of registration and other pertinent papers of ownership
of said automobile were among those burned and destroyed on ____________
when my house and all my personal belongings were completely destroyed by
fire;
That said papers are now beyond recovery.
IN WITNESS WHEREOF, I have hereunto set my hand this ________
day of ________, 20__, in the Municipality of ____________, Province of
__________, Philippines.
______________________
(Signature of affiant)
JURAT
AFFIDAVIT OF SERVICE BY MAIL
Republic of the Philippines

City of Manila
AFFIDAVIT OF SERVICE
I, ___________________, as messenger of Atty. ______________, with
office address at ___________________, after being duly sworn, depose and
says:
That on ________________,2001 I served a copy of the following
pleading/paper by registered mail in accordance with Sec. 10 of Rule 13 of the
Rules of Court.
Nature of Pleading/Paper
____________________________
____________________________
____________________________
in Case No. ____________ entitled _________________________ by
depositing a copy in the post office in a sealed envelope, plainly addressed to the
party (or his attorney) at his residence (or office) with postage fully paid, as
evidenced by Registry Receipt No. _______________ attached and with
instructions to the post master to return the mail to sender after ten (10) days if
undelivered.
In witness whereof, I have hereunto set my hand this_____ day
of______, 2001, in the Municipality of__________, Province of_________,
Philippines.
_________________
______
Signature of
Affiant
AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
) S.S.
X, of legal age and resident of the City of Manila, Philippines, after having
been duly sworn in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above entitled case and is entitled to the relief
demanded in the complaint in whole or in part and such other relief consists in
restraining the commission or continuance of the acts complained of either for a
limited period or perpetually;
That the commission or continuance of the acts complained of during the
litigation will work injury to herein plaintiff and that the defendant is doing,
threatens, or is about to do, or is procuring or suffering to be done the acts
tending to render the judgment ineffectual;
And that he is willing and ready to file a bond in the amount which may be
fixed by the Court to the effect that he, the plaintiff, will pay the defendant all the
damages which the latter may sustain by reason of the injunction if the court
should finally decide that the plaintiff was not entitled thereto.
FURTHER AFFIANT SAYETH NAUGHT.

_______________________
Affiant
JURAT
COMPLAINT WITH PRAYER FOR ATTACHMENT
(NOTE: First, state the facts showing plaintiff’s right to attach defendant’s
properties)
CITY OF MANILA
)S.S.
AFFIDAVIT
X, of legal age and a resident of the City of Manila, Philippines, after
having been duly sworn to in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above entitled case;
That there is sufficient cause of action;
That the defendant has removed or disposed of his property, or is about to
do so with intent to defraud his creditor, the herein plaintiff-affiant;
That he is filing a bond in the amount of P_________________;
That the amount claimed in the action is as much as the sum which the
order is prayed for above all legal counterclaims.
_____________________
Affiant
JURAT

AFFIDAVIT IN PETITION FOR RECEIVERSHIP
CITY OF MANILA
)S.S.
AFFIDAVIT
A, of legal age, married and a resident of the City of Manila, Philippines,
after having duly sworn in accordance with law, hereby deposes and says:
That he is the Plaintiff in the above titled case and that he has read the
foregoing complaint and that the facts therein stated are true and correct;

That he is the owner of the estate as pro-indiviso owner of the same with
the defendant;
That the defendant is in actual physical possession of the property in
litigation and as such, he is in control of the produce of the said property pending
litigation;
That the produce or income from said property are in danger of being lost,
removed or materially injured unless a receiver be appointed to guard and
preserve the same, and the defendant is not only hostile to the plaintiff but also
shows his demands to exclude said plaintiff from all the products or proceeds
coming from the said property;
That the defendant is hopelessly insolvent for he is heavily indebted to
various persons;
That he is willing and ready to file a bond in the amount which this
Honorable Court may fix in favor of the defendant against whom this receivership
is presented to the effect that he, the plaintiff will pay to the said defendant all
damages which he will sustain by reason of the appointment of receiver in case
the plaintiff shall have procured such appointment without sufficient cause, and
such other bonds which this Honorable Court may require him to file hereafter, as
security for such damages.
______________________
(Affiant)
JURAT
SINUMPAANG SALAYSAY
Republika ng Pilipinas )
Lalawigan ng Rizal
)
Bayan ng Cainta
)

s. s.

SINUMPAANG SALAYSAY
AKO, JUAN DELA CRUZ, 30 taong gulang, binata at naninirahan sa Brgy.
San Roque, Cainta Rizal, matapos makapanumpa ng ayon sa batas ay malaya
at kusang loob na nagpapahayag ng mga sumusunod:
1. Na ako ang nagmamay-ari na isang Honda Civic na kotse, kulay pula,
modelo 1999, na nagtataglay ng makina na may numero bilang 00000.
2. Na noong ika-12 ng Mayo, taong kasalukuyan, nagpunta ako sa SM
Megamall sa may EDSA upang bumili ng libro. Iniwan ko ang
nasabing sasakyan sa ‘parking lot’ sa harapan SM ngunit nang ako ay
bumalik sa naturang ‘parking lot’ ay wala na roon ang aking sasakyan.
3. Na matapos ang ilang oras na masusing paghahanap, sa tulong ng
mga guwardiya ns SM, ay hindi ko natagpuan ang aking sasakyan.
Marahil ito ay “na-carnap” .

4. Na ginawa ko ang Sinumpaang Salaysay na ito upang aking
patunayan ang buong katotohanan ng aking salaysay na nasa itaas at
paninidigan ko ito saan man at kanino pa man.
SA KATUNAYAN ay nilagdaan ko ito ngayong ika-15 ng Mayo, 2000, dito
sa Cainta Rizal.
_______________________
JUAN DELA CRUZ
SINUMPAAN AT NILAGDAAN sa harap ko ngayong ika-15 ng
Mayo, 2000 dito sa Cainta Rizal.
_______________________
MARIA SANTOS
Notaryo Publiko
Hanggang Disyembre 31,2001
IBP No. _____, 1/2/2001, Pasig
City
PTR No. ____ 1/15/2001, Pasig
City
Kasulatan Blg. ____
Pahina Blg. ____
Aklat Blg. ______
Serye ng 20____
IV.

NEGOTIABLE INSTRUMENTS
PROMISSORY NOTE
(Date)

P_____________

____________________, Philippines

________ months (or days) after date, I promise to pay, for value
received,
to
_____________________
or
order
the
sum
of
_______________________PESOS, with interest at ______percent per annum
after maturity until paid. The makers and indorsers severally waive presentment
for payment, protest, and notice of non-payment of this note.
_____________________
Maker
BILLS OF EXCHANGE
Manila, May ______, 2000
For value received, pay to _________________________ or order the
sum of ___________________(P__________) PESOS, Philippine Currency, and
charge the same to the account of.
(Signature of Drawer)
TO: (Name of Drawee)
Address

CHECK
No. __________________
PHILIPPINE NATIONAL BANK
Manila, Philippines
Manila, Philippines ____________, 2001
PAY to ______________________________ or order/bearer
PESOS ______________________________
_____________________
(Signature)
P __________________________
(Philippine Currency)
V.

CONTRACTS OR AGREEMENTS

LEGAL (CONVEYANCING) FORMS
(Note: if the deed/ contract is unilateral i.e., when the vendee assumes no
obligation, thee is no need for the vendee to sign the contract/ deed nor the
acknowledgment; however, if vendee is obliged to perform something, he must
sign both the deed and the acknowledgment.)
DEED OF SALE
KNOW ALL MEN BY THESE PRESENTS:
I, (Full name of vendor), filipino citizen, single/married to
___________________, of legal age with residence and post-office address at
_______________________;
For and in consideration of the sum of __________________ PESOS
(P_______), Philippine currency, to in hand paid by (Full name of vendee) filipino
citizen, of legal age, with residence and post office address at ______________,
Do hereby SELL, TRANSFER, AND CONVEY, absolutely and unconditionally,
unto the said __________________ his/her heirs and assigns, that certain parcel
(or parcels of lands, together with the buildings and improvements thereon),
situated in (city or municipality, and province), and more particularly described as
follows, to wit:
of which I am the registered owner in fee simple in accordance with the Land
Registration Act, my title thereto being evidenced by Transfer (or Original)
Certificate of Title No. ________, issued by the Register of Deeds of
___________.
It is hereby mutually agreed that the vendee shall bear all the expenses
for the execution and registration of this deed of sale.
IN WITNESSS WHEREOF, I have hereunto signed this deed of sale, this
_______day of _________, 20______ at (city or municipality), Philippines.

_____________________
_________________
(Vendor)

(Vendee)

With my marital consent (if married):
________________
(Vendor’s wife)
SIGNED IN THE PRESENCE OF:
__________________________
_____________________________
(Witness)

(Witness)

ACKNOWLEDGMENT

DEED OF SALE UNDER PACTO DE RETRO
This Deed of Sale with Pacto de Retro made and executed by and
between:
(full name of vendor), Filipino , of legal age, single (or married to
_________________),
with
residence
and
post-office
address
at
_______________________, hereinafter called the VENDOR, and
(full name of vendee), Filipino, of legal age, single (or married to
_________________),
with
residence
and
post-office
address
at
_______________________, hereinafter called the VENDEE.
That the VENDOR is the absolute owner of a certain parcel with all the
buildings and improvements thereon, situated in ____________________, and
more particularly described as follows, to wit:
(copy description stated in the certificate of title),
his title being evidenced by Transfer (or Original) Certificate of Title (or
TCT/OCT) No. ________ issued by the Register of Deeds of
____________________;
That the VENDOR, a retro, in executing this conveyance, hereby reserves
the right to REPURCHASE and the VENDEE, in accepting the same, hereby
obligates himself to RESELL, the property herein conveyed within the period of
_______ years from and after the date of this instrument, for the same price of
________________________ PESOS (P________), Philippine currency;
Provided, however, that if the VENDOR shall fail to exercise his right to
repurchase as herein granted within the period stipulated, then this conveyance
shall become absolute and irrevocable, without the necessity of drawing up a
new deed of absolute sale, subject to the requirements of the law regarding
consolidation of ownership of real property.

IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands this ______ day of _________________, 2001, in
____________________, Philippines.
____________________________
__________________________
(Vendor)

(Vendee)

With my marital consent (If married):
_____________________________
(Vendor’s wife)
_____________________________
____________________________
ACKNOWLEDGMENT

DEED OF SALE OF PERSONAL PROPERTY
That I, ______________, of legal age, single, Filipino, residing and with
postal address at ____________________ for and in consideration of the sum of
P __________ have transferred and conveyed by way of absolute sale unto
________ Honda CRV car with plate No. ______, Motor No. ________, Chassis
No. ______, of which I am the absolute owner, free from all liens and
encumbrances.
_______________
Seller
WITNESSES:
_____________________
_____________________
ACKNOWLEDGMENT
CONTRACT OF SALE INVOLVING REAL PROPERTY
That I, ______________, of legal age, Filipino, residing and with postal
address at ________________ for and in consideration of the sum of P
__________ receipt of which is hereby acknowledged have transferred and
conveyed by way of absolute sale unto ___________ of legal age, Filipino,
residing at and with postal address at ________________ that parcel of land with
the improvements thereon whose technical description is as follows:
(Copy of description)

of which I am the absolute owner, my title thereto being evidenced by TCT No.
_______ of the Register of Deeds of _____________ free from all liens and
encumbrances.
Seller
In the presence of:_____________________
__________________________
(NOTE: Unilateral – no need for the vendee to sign, however, if vendee is obliged
to perform something, he must sign.)
ACKNOWLEDGMENT

CITY OF MANILA
) S.S.
In the City of Manila, this ____ day of ______,2001, personally appeared
before me _____________ with Community Tax Certificate No. ________ on
_____19 ____ issued at______ on ______, 20_____, known to me to be the
same person who executed the foregoing instrument of sale over one parcel of
land, which instrument consists of two (2) pages including the page on which this
acknowledgment appears and signed on the left margin of each and every page
by the party executing this instrument and his witnesses. Said party
acknowledges to me that the same is his voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal at the City of Manila on this _____ day of _____, 20____.

NOTARY PUBLIC
My Comission expires Dec. 31, 2001
IBP No. ______, 1/2/2001, Pasig City
P.T.R. No.____, 2/2/2001, Pasig City

Doc. No. ______;
Page No.______;
Book No. ______;
Series of 20____ ;

LEASE OF REAL PROPERTY
1. This agreement entered into by and between (state the parties: lessor and
lessee)
2. In consideration of the rent and other covenants hereinafter set forth, the
LESSOR hereby leases to the LESSEE that the residential house located at
____________ belonging to the LESSOR and covered by TCT No. _____.
3. The term of this lease shall be for a period of _________.
4. Rent shall be paid at the rate of P______ per month within the first five (5)
days of each month.
5. Major and minor repairs shall be for the account of the LESSOR.

6. Taxes and assessments shall be for the account of the LESSOR, while
expenses for lights, water and other utilities shall be for the account of the
LESSEE.
IN WITNESS WHEREOF…………..
_____________________
_________________
(Lessor)

(Lessee)
ACKNOWLEDGMENT

LEASE OF PERSONAL PROPERTY
That A, of legal age, married and residing in the City of Manila,
Philippines, hereby agrees to lease his Honda Civic car model 1999 with Plate
No._______, Motor No. _________and Chassisl No._______ to B, of legal age,
married and residing in the City of Manila, who hereby accepts to lease above
described motor vehicle, subject to the following terms and conditions :
(State terms and conditions)
IN WITNESS WHEREOF ………
__________________
__________________
(Lessor )

(Lessee)

ACKNOWLEDGMENT
REAL ESTATE MORTGAGE
I, (full name of mortgagor), Filipino citizen, of legal age, married to
___________________, and with residence and post-office address at
___________________, for and in consideration of a loan in the sum of
___________________ PESOS (P____________), Philippine currency, to me in
hand paid by (full name of the mortgagee), Filipino, of legal age, single/married to
___________________, and with residence and post-office address at
___________________, do hereby convey, by way of MORTGAGE unto the
said (full name of the mortgagee), his/her heirs and assigns, that certain parcel of
land, together with all the buildings and improvements thereon, situated in
____________________, particularly described as follows:
of which real property I am the registered owner evidenced by Original/Transfer
Certificate of Title No._________ of the Land Registry of _____________:
PROVIDED, HOWEVER, that if I the said (full name of mortgagor) shall pay or
cause to be paid to said (Full name of mortgagee), his heirs or assigns, the said
sum of _________________ PESOS (P____________), within the period of
______________ (____) years from and after the execution of this MORTGAGE

together with the interest thereon at the rate of _________ per centum (____%)
per annum, this MORTGAGE shall be discharged and of no effect; OTHERWISE,
it shall remain in full force and effect and shall be enforceable in the manner
provided for by law.
IN WITNESS WHEREOF, I have hereunto set my hands this _____ day of
______________, 20____, in _______________, Philippines.
________________
_________________
( Mortgagor)
(Mortgagee)
With my marital consent (if married:)
____________________
(Wife of Mortgagor)
__________________________
_____________________________
ACKNOWLEDGMENT
CHATTEL MORTGAGE
This CHATTEL MORTGAGE, made and executed by (Full name of
mortgagor), Filipino, of legal age, single (or married to mortgagor), with residence
and post-office address at ___________________ hereinafter called the
MORTGAGOR, in favor of (full name of mortgagee), Filipino, of legal age, single
(or married to ______________), with residence and post-office address at
________________ hereinafter called the MORTGAGEE, witnesseth:
That the MORTGAGOR does hereby convey by way of chattel mortgage
unto the MORTGAGEE, the following described personal property, situated and
ordinarily presently in the possession of the said MORTGAGOR, to wit
_____________________
(specify and describe the article or articles mortgaged).
That this CHATTEL MORTAGE is given as security for the payment of
the MORTGAGEE, of a certain promissory note, dated _____________ for the
sum of ______________ PESOS (P________) with interest thereon at the rate
of ___________ per centum (_____%) per annum, according to the terms
thereof.
(copy of the promissory note)
That the condition of this CHATTEL MORTGAGE is such that if the said
MORTGAGOR, his heirs, executors, or administrators shall well and truly
perform the full obligation above stated according to the terms thereof, this

CHATTEL MORTGAGE shall be null and void, otherwise, it shall remain in full
force and effect and shall be enforceable in the manner provided by law.
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand
this______ day of ________, 20____, in _______________, Philippines.

__________________
_________________
(Mortgagor)
(Mortgagee)
__________________________
____________________________
ACKNOWLEDGMENT
AFFIDAVIT OF GOOD FAITH
We, the undersigned MORTGAGOR and MORTGAGEE, severally swear
that the foregoing chattel mortgage is made and executed for the purpose of
securing the obligation specified therein, and for no other purpose, and that the
same is a just and valid obligation, and one not entered into for the purposes of
fraud.
__________________________
_____________________________
(Mortgagor)

(Mortgagee)

JURAT

EASEMENT OF RIGHT OF WAY
This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this
______ day of ______________, 2001 by and between “A” owner of the
dominant estate, of legal age, single (or married to ___________________) and
a resident of _________________ and “B” , owner of the servient estate, also of
legal age, single (or married to ____________________), and a resident of
________________________ witnesseth:
That “A” is the owner of a parcel of agricultural land located in the
municipality of ________________, province of ________________, and more
particularly described as follows, to wit:
(Description of “A’s” property)
which property is covered by T.C.T. No. ________ of the Register of Deeds of
______________, province of _______________, which lot is adjacent to “A’s”
property, and more particularly described as follows, to wit:

(Description of “B’s” property)
which property is covered by T.C.T. No. _____________ of the Register of
Deeds of the province of _____________________.
That “A” in order to have an access to and from, and to cultivate the
above-mentioned land, and so as to have an outlet to ________________, which
is the nearest public road and least burdensome to the servient estate and to
third persons, it would be necessary for him to pass through “B’s” property, and
for this purpose, a path or passageway of not less than two (2) meters wide
through the whole length of the western side of “B’s” property is necessary for the
use of “A” and for all his needs in cultivating his estate;
That said path or passageway is particularly described in the attached
plan, “Annex A’,
WHEREFORE, for and in consideration of the sum of
_____________________ PESOS (P_________) the receipt whereof is hereby
acknowledged by “B”, the latter agrees and permits “A” to have a permanent
easement of right of way over the above-mentioned property of said “B” limited to
not more than two (2) meters wide throughout the whole length of the western
side of said property and as specifically indicated in the attached plan which is
made an integral part of this contract, as “Annex A”.
It is further agreed that “B” shall deliver unto “A” all the necessary papers,
deed, and titles in relation to the servient estate in order to facilitate the
registration of the above-mentioned right of way, in accordance with.
This agreement shall be binding between the parties and upon all their
heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have signed this agreement
the day and the year first above written, in the municipality of _______________,
province of _______________, Philippines.
__________________________
(Signature of owner of the
dominant estate)

__________________________
(Signature of owner of
servient estate)

__________________________
___________________________
ACKNOWLEDGMENT
POWER OF ATTORNEY
ACKNOWLEDGEMENT
GENERAL POWER OF ATTORNEY
I, ___________________, of legal age, single (or married to
______________), resident of ________________, do hereby name, constitute

and appoint ___________________, 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, sue for, recover or collect any and all sums of
money and other things of value of whatever nature or kind as may now
be or hereafter become due, owing , payable or belonging to me, and to
have, sue, and to take any and all lawful ways and means for the recovery
thereof by suit.
To make, sign, execute, and deliver contracts, documents,
agreements, and other writings of whatever nature.
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 or could lawfully do if
personally present, with power of substitution and revocation, and hereby
ratifying and confirming that 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, I have hereunto set my hand this _______ day
of ________________, 2001, in ________________, Philippines.
_______________________
(Principal)
_________________________
_______________________
ACKNOWLEDGMENT
SPECIAL POWER OF ATTORNEY
I, _________________________, of legal age, single (or married to
_________________), resident of ____________________, do hereby name,
constitute and appoint __________________, of legal age, single or married),
resident of _______________, to be my true and lawful attorney, for me and in
my name, place and stead within the period of_____ months (or years), to SELL,
TRANSFER
and
CONVEY,
for
the
price
not
less
than
____________________PESOS (P___________), Philippine Currency, to
whosoever may purchase or buy my Honda CRV car with plate
No._____________, Motor No._________, and Chasis No._________________,
of which I am the absolute owner, free from all liens and encumbrances; and
HEREBY GIVING AND GRANTING unto my said attorney full powers
and authority to do and perform all and every act requisite or necessary to carry
into effect the foregoing authority to sell, as fully to all intents and purposes as I
might or could lawfully do if personally present, with full power of substitution or
revocation , and hereby ratifying and confirming all that my said attorney or his
substitute shall lawfully do or cause to be done by virtue hereof .
IN WITNESS WHEREOF, I have se my hand this________ day of
_____________________, 2001, in_____________________, Philippines.

______________
______
Principal
Signed in the presence of:
____________________
____________________
ACKNOWLEDGMENT
VI. DONATIONS AND WILLS
DONATION INTER VIVOS/MORTIS CAUSA
This Deed of Donation made and executed in the _____________, Philippines,
by ____________, of legal age, single/married to ____________ , Filipino citizen
and with residence and postal address at _________________, hereinafter
called the DONOR.
- favor of_______________________,of
legal
age,
single/married
to
_______________,
Filipino citizen and with residence and postal address at _______________,
hereinafter called the DONEE.
WITNESSETH:
That the Donor is the absolute owner of that certain real property situated
at ____________ and more particularly described as follows:
(description of the property)
That, for and in consideration of the love and affection of the Donor for the
Donee (and for the faithful services the latter has rendered in the past to the
former), the said Donor by these presents hereby cedes, transfers, and conveys,
by way of donation, unto said Donee the real property above described, together
with all the buildings and improvements existing thereon, free and clear of all
liens and encumbrances.
ACCEPTANCE
That the Donee does hereby accepts the foregoing donation of the abovementioned described property for which he/she expresses his/her sincerest
appreciation and gratitude for the kindness and liberty shown by the Donor.
(NOTE:If inter vivos, state the following)
“The donor hereby states that , for the purpose of giving effect to the
donation, he has reserved for himself in full ownership sufficient property to
support him in a manner appropriate to his needs)
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands at the place first above written, on this _____ day of _____, 20__.
(NOTE: In case of donation mortis causa, an attestation clause is included and is
signed by 3 witnesses. State that the donation shall become effective upon the
death upon the death of the donor, but in the effect that the donee should die

before the donor, the present donation shall be deemed rescinded and of no
further force and effect.
In case of donation inter vivos, only 2 witnesses are needed to sign).

WILLS
HOLOGRAPHIC WILL
(NOTE: This should be handwritten)
15, May 2000
I, ____________________, of _____________________ being of sound
mind and disposing mind, do hereby declare this to be my last will and testament
which I have written in my own handwriting in English, a language known to me,
and I hereby declare that all my properties shall upon my death be distributed to
my wife __________________ and to my only child ____________________
share and share alike.
Juan Dela Cruz
NOTARIAL WILL
LAST WILL AND TESTAMENT
Of
__________________________
(Name of Testator)
I, _____________________, of legal age, single (or married
to_____________), a native of 20___; now actually residing at
____________________, being of sound and disposing mind and memory, and
not acting under influence, violence, fraud or intimidation of whatever kind, do by
these presents declare this to be my Last Will and Testament which I have
caused to be written in English, the language which is known to me. And I
hereby declare that:
I.

The following are my children (Names) with their address
I give and bequeath to my children _____________,
________________,
And ________________, in equal shares, the following properties,
real and personal, whatsoever and wheresoever located:
(Description)

II.

I designate ________________ the sole executor of this my Last
Will and Testament.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of
___________________, 2001, in ______________, Philippines.
____________________

(Signature of
Testator)
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residences are
stated opposite our respective names, do hereby certify: That the testator,
___________________, has published unto us the foregoing will
consisting of _______ pages numbered correlatively in letters on the
upper part of each page, as his/her Last Will and Testament and has
signed the same and every page thereof, on the margin, in our joint
presence and we, in turn, at his/her request have witnessed and signed
the same and every page thereof, on the left margin, in the presence of
the testator and in the presence of each and all of us.
(Signature of at least three witnesses)
______________________
_____________________
(Witness)

(Residence)
______________________

_____________________
(Witness)
___________________________
__________________________
(Witness)

(Residence)

(Residence)

JOINT ACKNOWLEDGMENT
BEFORE ME,
Notary Public for and in the City/Municipality of
_________________, Philippines this ______ day of _________________,
2001, personally appeared:
The testator, with C.T.C. No. _____________
_________________ on _________________, 2001;

issued

at

Witness, with
C.T.C.
No. _____________
__________________ on ________________, 2001;

issued

at

Witness, with
C.T.C.
No. _____________
__________________ on ________________, 2001;

issued

at

Witness, with
C.T.C.
No. _____________
__________________ on ________________, 2001;

issued

at

all known to me to be the same persons who signed the foregoing Will, the first
as testator and the last three as instrumental witnesses, and they respectively
acknowledge to me that they signed the same as their own free will and deed.
This Will consists of ______ pages, including the page in 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
My commission expires Dec. 31,
2001
IBP No. ______, 1/2/2001, Pasig
City
PTR No. _____, 2/2/2001, Pasig
City
Doc. No. ______
Page No. ______
Book No. ______
Series of 2000
VI.

PLEADINGS

Pleadings are filed in four (4) kinds of cases, namely: Civil Actions;
Provisional Remedies; Special Civil Actions; and Special Proceedings
A. MISCELLANEOUS CIVIL PLEADINGS
COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One Cause of
Action)
(Caption)
COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, and to this
Honorable Court, respectfully alleges:
1.

That the plaintiff is of legal age, Filipino citizen and resident
of
No.7 Agoo Street, Quezon City and the defendant is also of legal age, Filipino
citizen and a resident of No. 19 Dagupan Street, Tondo, Manila where he may be
served with summons;
2.

That on or about January 1, 1983, defendant obtained a loan
of
P20,000.00 from the plaintiff payable within 90 days from date of receipt at 12%
per annum;
3.

That said loan, now overdue, is evidenced by a promissory
note
signed by the defendant, a copy of which is hereto attached as “annex A” and
made part of this complaint;
4.

That despite repeated demands, both written and oral,
defendant
has failed and refused to apply said loan;
5.

That due to the unjust and unlawful act of the defendant to
comply
with the said demands, the plaintiff was compelled to institute this action
engaging the services of counsel in the amount of P1,000.00

WHEREFORE, it is respectfully prayed that judgment be rendered
against the defendant to pay the plaintiff the sum of P20,000.00 plus interest of
12% from the date of the instrument until full amount is payed and attorney’s fees
in the amount of P1,000.00 and costs of the suit.
Other equitable reliefs are likewise prayed for.
___________________, 1991, Quezon City.

________________________
Attorney for Plaintiff
________________________
Address
P.T.R. No.______ Date & Place of
Issue______
IBP O.R. No._____ Date & Place of
Issue_____
COMPLAINT (SEVERAL CAUSES OF ACTION)
Plaintiff Alleges:
First Cause of Action
1.

That the plaintiff is a resident of the City of Manila, and that defendant is a
resident of 486 Tenesee, Malate, Manila where he may be served with
summons;

2.

That on the 11th day of June, 1983, defendant executed and delivered to
plaintiff a promissory note, in the following words and figures, to wit:
(insert copy of the promissory note or use as Annex)

3.

That defendant has not paid promissory note, nor any part thereof or
interest thereon;

As Second Cause of Action:
1.

Plaintiff hereby incorporates the allegations of paragraph 1 of the first
cause of action;

2.

That on the 19th of August 1983, defendant executed and delivered to the
plaintiff his promissory note in the following words and figures, to wit:
(insert copy of promissory note)

2.

Same as paragraph 3 of the first cause of action)
WHEREFORE, it is respectfully prayed that judgment be rendered in favor
of

Plaintiff and against defendant for the sum of (the total amount of the promissory
notes) with interest at the rate of six percentum per annum on each of the
aforesaid notes, until paid; interest at the legal rate on the interest due from the
time of the filing of the complaint and attorney’s fees plus costs.
PLAINTIFF, further prays for such other relief as this Honrable Court may
deem just and equitable in the premises.
Manila, Philippines, October 10, 1987.

JOSE CRUZ
Attorney for the Plaintiff
311 Regina Building, Manila
P.T.R. No.__ & IBP Receipt No.
__
CERTIFICATION OF NON-FORUM SHOPPING
ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES
AND COUNTERCLAIM
JUAN DELA CRUZ
Plaintiff,
CIVIL CASE NO. 12368
-versusPEDRO SANTOS
Defendant,
x------------------------------------------x
ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES
AND COUNTERCLAIM
NOW COMES the defendant in the above entitled case, and to this
Honorable Court most respectfully alleges:
1.

Defendant admits the averment in paragraph 1,2 and 3 of the
complaint;

2.

Defendant specifically denies the allegation in paragraph 4 of the
complaint, the truth being that…. ( State here the fact being claimed
by the defendant as the true state of facts or the truth being those
stated in the special and affirmative defenses herein set forth)

3.

Defendant has no knowledge or information to form a belief as to
the truth of the averment in paragraphs 5,6,7 and 8 of the
complaint;

By way of special and affirmative defenses, defendant avers:

1.

That the obligation has been paid;

2.

That the defendant had purchases said land from plaintiff and paid
said promissory notes;

3.

That the cause of action has prescribed.

By way of counterclaim, defendant alleges:
1.

That by virtue of this unwarranted and malicious act initiated by the
plaintiff, defendant was forced to engage counsel in the sum of
P10,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed
and
defendant be awarded the amount of P5,000.00
Other equitable reliefs are likewise prayed for.
Manila, Philippines, May 27, 2000.
ERNESTO FLORES
Attorney for the Defendant
_______________________
Address
Issue______
Place of Issue_____

IBP O.R. No._____ Date &

(Under oath if document is denied.)
(Copy furnished with Proof of Service and Explanation)

ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH
THAT Defendant specifically denies under oath the genuiness and due
execution of the instrument a copy of which is attached to Plaintiff’s complaint as
Annex “A”, the truth being that his signature thereon is forged and that he did not
in fact sign the said instrument.
ERNESTO FLORES
Attorney for the Defendant
_________________________
Address
P.T.R. No. ________ Date & Place of
Issue________
IBP O.R> No. ______ Date & Pace of
Issue________

VERIFICATION
(Or Oath of the Defendant)
______________________
Defendant
JURAT
MOTIONS
(NOTE: All motions must be addressed to the other/adverse party; it must
contain a notice of hearing and proof of service or an explanation why personal
service was not resorted to.
MOTION TO INTERVENE
COMES NOW X, by his under signed counsel, to this Honorable Court
respectfully prays that he be permitted to intervene in this case as a party plaintiff
(or as a party defendant) on the ground that he has legal interest in the matter
under litigation, and that he may be adversely affected in these proceedings as
shown in the attached Complaint-in-Intervention (or answer in intervention).
WHEREFORE, it is respectfully prayed that X be allowed to intervene as
party plaintiff (or defendant) and the attached complaint be admitted and served
on the defendant (or answer be admitted and X be allowed to serve copy of the
same to the Plaintiff).
Atty. Y
Counsel for X
(With Notice of Hearing, Proof of Service and Explanation)
MOTION TO QUASH
COMES NOW X, accused in the above titled case, through his
undersigned attorney and respectfully moves to quash the information filed
against him on the ground that:
1.
Lack of jurisdiction
2.
Prescription
3.
Facts alleged do not constitute an offense, etc.
ARGUMENTS
( here set forth the reasons in support of the motion to quash)
WHEREFORE, it is respectfully prayed that the information filed against
the accused be dismissed.
( notice of hearing)
MOTION TO DISMISS
NOW COMES Defendant, by his undersigned attorney, to this Honorable
Court and respectfully moves that the complaint be dismissed on the following
grounds:

( here mention one or more grounds provided for in Rule 16, Rules of
Court) 1. Lack of Jurisdiction; 2. Payment; 3. Novation; 4. Prescription; 5.
Lack of capacity.
ARGUMENTS
( here set forth the reasons in support of the grounds mentioned)
WHEREFORE, it is respectfully prayed that the complaint be dismissed.

MOTION FOR NEW TRIAL
NOW COMES Defendant (or plaintiff) by his undersigned attorney to this
Honorable Court and respectfully moves that the decision of this Honorable Court
dated March 1, 1987 and received on March 7, 1988 be set aside and new trial
be granted on the following grounds:
(here give the grounds provided for in Rule 37, Rules of Court; such as
fraud, accident, mistake, or newly discovered evidence or excessive damages
awarded)
ARGUMENTS
(here se forth the reasons in support of the ground/s mentioned)
WHEREFORE, it is respectfully prayed that the decision of this Honorable
Court be set aside and new trial be granted.

MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL
COMES NOW, JRC, Counsel on record for the defendant and to this
Honorable Court respectfully moves to withdraw as counsel of said defendant
with the express consent of said defendant as shown in this motion;
That in the substitution thereof, Atty. BFG whose services have been
engaged by defendant hereby enters his appearance as counsel for defendant;
That upon approval of this Honorable Court, all pleadings, notices, and
papers in connection with this case be addressed to new counsel BFG with
address at No. 7 Sta. Catalina, Sampaloc, Manila.
With my consent:
___________________________
BFG
New counsel
________________________
Address
Issue______

IBP O.R. No._____ Date & Place of
Issue_____

(copy furnished: adverse counsel)
(Proof of Service and Explanation)
MOTION FOR POSTPONEMENT OF HEARING
COMES NOW Defendant through undersigned counsel unto this
Honorable Court respectfully states:
That the above entitled case is set for hearing on July 7, 1988;
That counsel for defendant is afflicted with influenza and is now under the
medical care of Dr. PTB. A copy of the physician’s certificate under is hereto
attached.
WHEREFORE, it is respectfully prayed that the hearing set on July 7,
1988 be reset to another day preferably on the first week of August 1988 or at
the convenience of this Honorable Court.
Manila, Philippines, July 2, 1988.

Sgd. ALC
Counsel for defendant
(Notice of Hearing)
(Proof of Service and Explanation)
MOTION FOR JUDGMENT ON THE PLEADINGS
COMES NOW, the Plaintiff through the undersigned counsel and to this
Honorable Court respectfully alleged:
1.
2.

That in the answer of defendant filed on July 1, 1988 be admitted
having signed the promissory note and merely interposed defense
that he was asking for time within which to pay the obligation.
That said answer does not tender any issue and in fact it can be
read therefrom that defendant admitted his obligation.

WHEREFORE, it is respectfully prayed that this Honorable Court render
judgement on the pleadings.
Manila, Philippines, July 5, 1988.
XYZ
Counsel for Plaintiff

MOTION FOR EXECUTION OF JUDGMENT
COMES NOW, the Plaintiff through undersigned counsel and to this
Honorable Court respectfully alleged:
1.
2.
3.
4.

That judgment was rendered by this Honorable Court in favor of the
plaintiff on June 1, 1988.
That said judgment was duly received by the defendant on June 5,
1988 as shown in the registry return card;
That up to the present, the defendant had not filed any motion for
reconsideration or had appealed from said decision, hence the
decision has become final and executory.

WHEREFORE, it is respectfully prayed that an order be issued by this
Honorable Court for a writ of execution of said judgment.

Manila, Philippines. July 5, 1988.
XYZ
Counsel for Plaintiff
NOTICE OF HEARING IN EX-PARTE AND NON-LITIGOUS MOTION
The Branch Clerk of court
RegionalTrial Court
National Capital Judicial Region
Branch______, Makati, Metro Manila
GREETINGS:
Considering the urgency and non-litigious nature of the above motion,
please submit the same forthwith upon receipt for the consideration and approval
of the Honorable Court.
__________________
_____
(Counsel for the
Defendant)
B. PROVISIONAL REMEDIES
PETITION FOR INJUNCTION
(NOTE: Must allege acts that should be enjoined and the basis for petitioners
claim why they should be enjoined.)
THAT the continuance of the acts aforementioned during the present
litigation will not only cause great and irreparable injury but will also work
injustice to the plaintiff.

PETITION FOR INJUNCTION
(Caption and Title)
PETITION
Plaintiff, through counsel alleges:
1. (Averment of names and residences)
2. (State in logical order the facts of plaintiff’s complaint stating the
grounds for the issuance of preliminary injunction)
PRAYER
Attorney for Plaintiff
Address
VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING
(NOTE: The form for Affidavit in support of Injunction)
JURAT
COMPLAINT FOR RECOVERY OF PERSONAL PROPERTY
(Replevin)
(CAPTION AND TITLE)
COMES NOW, the Plaintiff, through the undersigned counsel in the above
entitled case and to this Honorable Court alleges:
1.

That said plaintiff is the lawful owner of the following described
personal property;

2.

That on or about the 1st day of March 1988, herein defendant
borrowed said property from Plaintiff promising to return the same
the next day;

3.

That on April 1, 1988, and for 10 days thereafter, the herein Plaintiff
demanded for the return of the said property but despite repeated
demands, said Defendant refused and still refuses to return the
said property claiming that the same belongs to him;

4.

That said property has not been taken from the said plaintiff for tax
assessment or fine pursuant to law, or seized under an execution,
or attachment against the property of the Plaintiff (or if so seized,
that it is exempted from such seizure);

5.

That the actual value of the said personal property is P10, 000.00;

6.

That the herein plaintiff is ready and willing to file a bond, executed
to the defendant in double the value of the property stated above,
for the return of the property to the Defendant if the return thereof
be adjudged, and for the payment to the Defendant of such sum as
he may recover from the Plaintiff in the auction.

WHEREFORE, Plaintiff prays for judgment:

1. Ordering the sheriff or other officer of the Court forthwith to take such
property into his custody and to dispose of it in accordance with the
Rules of Court;
2. After trial of the issues, adjudging that the Plaintiff has the right to the
possession of said personal property and rendering judgment in the
alternative against the Defendant for the delivery thereof to the Plaintiff
of the value thereof in case delivery cannot be made;
3. Ordering the defendant to pay the costs of this suit, and for such other
equitable relief in the premises.

_________________________
Counsel
VERIFICATION & CERTIFICATION ON NON-FORUM SHOPPING
JURAT
C. SPECIAL CIVIL ACTIONS
REQUIREMENTS
MANDAMUS

IN

PETITION

FOR

CERTIORARI,

PROHIBITION

&

(NOTE: In petitions for certiorari, prohibition, and mandamus, insert
allegations that the lower court or tribunal acted in excess of jurisdiction, or
without jurisdiction, or with grave abuse of discretion amounting to lack of or in
excess of jurisdiction, attaching as annexes to the first original copy of the
petition certified true copies of the orders complained of, and then these three
must always state that petitioner has no other plain, adequate remedy in the
ordinary course of law. Mandamus requires the allegation that the remedy sought
for is immaterial. All three petitions must be verified in accordance with the new
SC Circular and with Certification on Non-Forum Shopping).

COMPLAINT FOR EJECTMENT
XYZ
Plaintiff,
CIVIL

CASE

NO.

_______________
-versusABC
Defendant.
x---------------------------x
COMPLAINT
COMES NOW the Plaintiff in the above entitled case, through counsel,
and to this Honorable Court alleges;
I
That the plaintiff is of legal age and a resident of the City of Manila; that
defendant is likewise of legal age, residing at No. 2 Cruz Street, Manila and may
be served with summons at said address;

II
That defendant on January 7, 2001, leased from the plaintiff the premises
located at No. 7 Cruz Street, Manila, agreeing to pay monthly rental of P 1,
000.00
III
However, defendant failed to pay the aforesaid monthly rentals on their
due dates, such that as of the date hereof, his arrearages have accumulated up
to P_____________;
IVx`
That on March 7, 2001, demands was made on defendant to pay his
rental in arrears and vacate the premises, but despite said demands, written and
oral, defendant failed and refused to pay the rentals in arrears and vacate the
premises leased by him;
V
As a result, plaintiff was constrained to institute this case, incurring in the
process obligations for litigation expenses and attorney’s fess in the amount of
_______________
PRAYER
WHEREFORE, it is respectfully prayed that judgment be rendered against
the defendant ordering him:
1.

To vacate the premises leased by him;

2.

To pay the monthly sum of P1, 000.00 beginning with the month of
__________, 2001, with interest thereon at the legal rate until fully
paid until the defendant vacates said premises;

3.

To pay the sum of P_________ as litigation expenses and
attorney’s fees.

Plaintiff further prays for such other reliefs as this Court may deem just
and equitable.
Manila, Philippines, May 1, 2001.
DEFG
_________________________________
Address
P.T.R.

No._______

Date

&

Place

of

Place

of

Issue_____
IBP

O.R.

No._____

Date

&

Issue_____

_______________________
Plaintiff
JURAT

COMPLAINT FOR FORECLOSURE OF MORTGAGE
COMPLAINT
NOW COMES plaintiff to this Honorable Court and for cause of action
against the defendant, respectfully alleges:
That on March 6, 1988, defendant executed a promissory note (Annex A
hereof) in favor of the plaintiff in terms and conditions as follows:
(COPY)
That to secure the payment of the said promissory note, defendant
executed on March 1, 1988 a Deed of Mortgage in favor of plaintiff over a parcel
of land whose technical description is as follows:
(COPY DESCRIPTION)
Copy of said Deed of Mortgage is attached hereto, marked annex “B” and
made as integral part of this complaint;
That said mortgage was registered with the Office of the Registrar of
Deeds of Quezon City on March 2, 1988;
That payment of said promissory note is long overdue and defendant has
failed to pay the same despite repeated demands;
WHEREFORE, it is respectfully prayed that judgment be issued in favor of
the plaintiff, ordering the defendant to pay:
1.

The principal sum of P50,000.00 until fully paid;

2.

That the aforementioned parcel of land be sold at a public auction
should the defendant fail to pay the sums set forth in this complaint
and apply the proceeds thereof in accordance with the dispositions
of law.

DEFG
________________________________________
Address
P.T.R.

No._______

Date

&

Place

of

Place

of

Issue_____
IBP
Issue_____

O.R.

No._____

Date

&


_______________________
Plaintiff
JURAT
VERIFICATION
D. SPECIAL PROCEEDINGS
PETITION FOR HABEAS CORPUS
NOW COMES X, the petitioner, by his undersigned attorney, to this
Honorable Court and respectfully represents:
That he is the father of Y, who is presently in the custody of Z, maternal
grandmother of Y, who (Z) forcibly abducted him (Y) and up to now actually
restrains him (Y) of his liberty;
That despite demands, Z refuses to turn over the custody of Y to your
petitioner;
WHEREFORE, it is respectfully prayed that an order be issued to Z to
bring the minor to this Honorable Court at the hour and date to be set by this
Honorable Court, and thereafter that the custody of the minor Y be turned over to
your petitioner.

_________________________
Counsel
(by Petitioner)
X, upon being duly sworn deposes and says:
That I am the petitioner in the above entitled case, that I have read the
contents of the said petition and that said contents are true and correct of my
own personal knowledge.
________________________
Petitioner
JURAT
PETITION FOR GUARDIANSHIP
NOW COMES X, by his undersigned attorney, to this Honorable Court and
respectfully represents:
That he is the father of the minor Y;
That Y is presently a resident of the City of Manila;

That Y is the owner of a parcel of land located in the City of Manila valued
at P50,000 and as such minor can make no transactions regarding the same;
That the nearest of kin of Y are the following:
(here mention the nearest kin and their address)
That due to the minority of the said ___________________, it is
necessary and convenient that a guardian of his person and property be
appointed;
That, as above stated, ____________________ is the person having the
said minor in his care, and that he possesses all qualifications to whom letters of
guardianship should issue.
(Furnish a bond of not less than 10% of the value of the property or annual
income, if it exceeds P50,000)
WHEREFORE, it is respectfully prayed that after due notice and hearing
your petitioner be appointed guardian over the estate of Y.

________________________
Counsel

_______________________
Petitioner
JURAT
PETITION FOR APPOINTMENT OF ADMINISTRATOR
(Caption and Title)
In the Matter of the Intestate
Estate of PETER DOE

SPL. PROC. NO.

JOSE DOE,
Petitioner.
x-----------------------------------------------------x
PETITION
PETITIONER, through counsel, unto this Honorable Court respectfully
alleges:
1. (Averment of names, ages and residences)
2. That on ___________________, PETER DOE died without leaving
any will in the City of ______________________ which was his
residence at the time of his death.

3. That the names, ages, and residences of the surviving heirs of the
aforementioned deceased, are the following to wi:
Names

Ages

Relation

Residence

4. That the deceased left the following real and personal properties:
Character

Location

Probable Value

5. That, as far as petitioner knows, the following are the names of the
creditors of the decedent, to wit:
Names

Address

Amount of Credit

6. That decedent died a bachelor, leaving no descendants nor
ascendants whether legitimate or otherwise, and petitioner, is the only
surviving brother of said decedent.
PRAYER
WHEREFORE, it is prayed that, after due notice and hearing letters of
administration of the estate of the deceased PETER DOE be issued to petitioner.
Place, Date and Signature
_____________________
Counsel
_____________________
Address

_______________________
Petitioner
JURAT
E. CRIMINAL PROCEEDINGS
ESSENTIAL PARTS OF AN INFORMATION
1.
2.
3.
4.
5.
6.
7.
8.
9.

Caption
Heading
Opening sentence
Body alleging acts or omissions constituting a crime
Contrary to law
Certification of Preliminary Investigation
Jurat
List of Witnesses
Bail Recommended

ESSENTIAL PARTS OF A COMPLAINT
1. Caption
2. Heading

3.
4.
5.
6.
7.
8.

Opening sentence
Body alleging facts or omissions constituting a crime
Contrary to law
Oath of Complaint with his/her signature
Certification of Prosecutor
Jurat

DIRECT FILING OF COMPLAINT
1.
2.
3.
4.
5.
6.

Caption
Heading
Opening sentence
Body alleging facts or omissions constituting a crime
Signature
Jurat

COMPLAINT
COMPLAINT FILED BY OFFENDED PARTY BEFORE MUNICIPAL JUDGE
ACTS OF LASCIVIOUSNESS
(Caption and Title)
COMPLAINT
The undersigned, _______________, accuses _______________ of the
crime of an ACT OF LASCIVIOUSNESS, committed as follows, to wit:
That on or about _______________, in the Municipality of
______________, Province of
______________, Philippines, within the jurisdiction of this Court, the said
accused, actuated by lust, did then and there, willfully, unlawfully, and
feloniously, commit an act of lasciviousness upon the undersigned by then and
there embracing and kissing her and touching her breasts and sexual organs,
against her will, and by means of force.
__________, this __________ day of __________________, 2001.

________________________
Offended Party
Subscribed and sworn to before me this______ day
________________, 2001, by _____________________, offended party.

_________________________
Municipal Judge of __________
WITNESSES:
____________________________
____________________________
INFORMATION

of

ABDUCTION WITH CONSENT
(Caption and Title)
INFORMATION
The undersigned, provincial fiscal, upon sworn complaint originally filed by
the offended party, accuses ______________ of the crime of Abduction with
Consent, committed as follows:
That on or about ______________ in the Municipality of ____________,
province of _____________, Philippines, within the jurisdiction of this court, the
said accused willfully, unlawfully, and feloniously removed, took and carried away
_________, a
virgin over twelve and under eighteen years of age, from her
dwelling with her consent and with lewd designs.
Contrary to law:
____, ___________,2000
_______________________
(Provincial Prosecutor)
WITNESSES:
______________________
______________________
CERTIFICATION
NOTE: All informations, for offenses filed by the city or provincial prosecutors
must contain a certification under oath by the investigating fiscal that before filing
the case he had previously conducted a preliminary investigation wherein the
accused was given a chance to appear. Such a certification under oath may be
stated substantially as follows:
A preliminary investigation has previously been conducted in this case
under my direction, having examined the witnesses in accordance with the
provisions of R.A. No. 5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D.
911, March 23, 1976 and as implemented by Dept. of Justice Circular No. 74,
series of 1967 and Circular No. 23, series of 1975.
______________________
Assistant Prosecutor
SUBSCRIBED AND SWORN to before me this _____ day of
____________, 2000 in the city/municipality of ___________, Philippines, by
_________________, assistant fiscal of _______________.
_______________________
Judge,

RTC

of

___________
NOTE:
The “OK” or approval by the City or Provincial Prosecutor is also
required by law before any information may be filed by any assistant fiscal.
SERIOUS ILLEGAL DETENTION/KIDNAPPING
(Caption and Title)

The undersigned accuses X of the crime of SERIOUS ILLEGAL
DETENTION ( or KIDNAPPING), committed as follows:
That about and during the period beginning the _____ day of
________________, 2000, in the municipality of ________________, province of
_______________, Philippines, and within the jurisdiction of this Honorable
Court, said X, suspecting that one Z had knowledge of the elopement of her
sister , did then and there willfully, unlawfully, feloniously and by force, take said
Z, a man 50 years of age, while the latter was walking in ________________,
whom said accused detained and kept locked room in his room from
_______________ to _______________, 2000, or a period of _______days,
under restraint and against the will of the said Z, and said accused did, during
said period of detention, maltreat and refuse to release said Z until the sister of
the accused was found.
Contrary to law.
_______________________
Prosecutor
MISCELLANEOUS CRIMINAL PROCEEDINGS
PETITION FOR BAIL
(Caption and Title)
PETITION FOR BAIL
COMES NOW the defendant in the above-titled case by his undersigned
attorney and respectfully states:
1. That the defendant is in the custody for the alleged commission of a
capital offense;
2. That no bail has been recommended for his temporary release, on the
assumption that the evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is strong is on the
prosecution, and unless this fact is satisfactorily shown, the defendant
may be bailed at the court’s discretion.
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.
_____, _______________, 2000.
_______________________
(Attorney

for

Defendant)
_______________________
(Address)
(With Notice of Hearing and Proof of Service)

the

NOTICE OF APPEAL
(Caption and Title)
NOTICE OF APPEAL
COMES NOW the defendant (or plaintiff as the case maybe) by the
undersigned attorney, and hereby files notice of appeal from the judgment of this
Honorable Court in the above-entitled case, dated ____________ a copy of
which was received by him on _______________, and appeals the same to the
Court of Appeals.
_____, _______________, 2000.
_______________________
(Attorney

for

the

Petitioner)
_______________________
(Address)
SUBPOENA
(NOTE : A subpoena shall be signed by the clerk, or by the judge if his court has
no clerk, under the seal of the court. It shall state the name of the court and the
title of the action or investigation, shall be directed to the person whose
attendance is required, and if subpoena duces tecum, it shall also contain a
reasonble description of the things demanded which must appear to the court
prima facie relevant).
SUBPOENA
To: _____________________
_____________________
You are hereby commanded to appear before the Regional Trial Court of
_________________, on the _____ day of ________________, 2000, at
_________ o’clock A. M., then and there to testify in the action of X against Y
(here set the number of the case).
Witness the Honorable ______________, judge of said court, this ______
day of _________________, 2000

_______________________
(Clerk)

SUBPOENA DUCES TECUM
(Caption and Title)
To: _____________________
_____________________

You are hereby required to appear before the Regional Trial Court of
________________ on the ______ day of _______________, 2000 at
_________ o’clock and to bring with you into the court the following (describe
book, deed, writing, or other documents), it being necessary to use the same as
testimony in the cause there pending, wherein _________________ is the
plaintiff and _________________ is defendant.

______________________
Judge X, RTC of _______

ORDER OF ARREST
(Caption)
Case No. ____________
REPUBLIC OF THE PHILIPPINES,
Plaintiff,
-versus} ORDER OF ARREST
___________________________
Accused.
TO ANY OFFICER OF THE LAW:
You are hereby commanded to arrest _________________________ who
is said to be at ________________________________ and who stands
__________ charged before me of the crime of ___________________, and to
bring him before me as soon as possible to be dealt with as the Rules of Court
direct. ___________________, Philippines, _____ day of _______________,
2000.
_______________________
Judge X, RTC ________

SEARCH WARRANT
(Caption)
THE PEOPLE OF THE PHILIPPINES
Plaintiff,
-versus________________________
Defendant,
X ---------------------------------------------- X

}

Criminal Case No. _______
For
______________________
(State nature of offense)

SEARCH WARRANT
TO ANY PEACE OFFICER:
Greetings:
It appearing to the satisfaction of the undersigned, after examining under
oath (name of applicant) and his witness (name of witness) that there are good
and sufficient reasons to believe that (name of person or persons to be
searched) has in his control in premises No. _______ in (name of street), district
of _______________.
Property
offense

Subject of the offense
Stolen or embezzled and other proceeds or fruits of the
Used or intended to be used as the means of committing
an offense

which should be seized and brought to the undersigned.
You are hereby commanded to make immediate search at any time in the
day/night of the premises above described and forthwith seize and take
possession of the following personal property, to wit:
(give complete and detailed description of the
________________________________________________________________
______
property to be seized)
and bring said property to the undersigned to be dealt with as the law directs.
Given under my hand this ______ day of ________________, at
_________________, Philippines.

______________________
Judge,

RTC

of

__________

DEMURRER TO EVIDENCE
(Caption and Title)
MOTION TO DISMISS BY WAY OF
DEMURRER TO EVIDENCE
Accused JUAN DELA CRUZ, through counsel, and pursuant to leave
granted by this Honorable Court in its order dated 20 May 2000, respectfully
submits this motion to dismiss by way of demurrer to evidence and alleges that:
The Indictment
The Evidence for the Prosecution

Arguments
(why the case should be dismissed; insufficiency of
evidence should be among those enumerated,
showing why the same is insufficient)
Prayer

(With Notice of Hearing, Proof of Service, and Explanation)
APPLICATION FOR COMPULSORY PROCESS TO SECURE
ATTENDANCE OF WITNESS
(Caption and Title)
The Clerk of Regional Trial Court _______________________________
Sir: Please cause a subpoena to be issued to the following persons in
order that they may appear to testify in behalf of the defendant in the trial of this
case which shall take place before this court on _____________ , at ________
A.M:
____________________________
_________________________
(Name)

(Address)

____________________________
_________________________
(Name)

(Address)

__________, this _________ day of ______________, 2000.

______________________
(Attorney

for

the

Defendant)
_______________________
(Address)
PRAYER TO ST. JOSEPH OF CUPERTINO
O Great St. Joseph of Cupertino, who when on earth did obtain from God the
grace to be asked in the examinations only questions you knew. Obtain for me
the same favor in this examinations which I am now preparing for. In return I
promise to make you known and cause to be invoked through Christ, our Lord.
Amen

THAT IN ALL THINGS GOD MAY BE GLORIFIED!!!

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