4 Legal Forms Contents

INTRODUCTION
If you can't write, you can't win." 1

-
Hon. William D. Stein
Legal writing is the foundation of legal forms. Undeniably, a lawyer spends most
of his time drafting and writing pleadings, briefs, complaints and similar documents
with the object of persuading the court. Simply, the job of the lawyer, as to his clients
cause, is to always please the court. And the ideal medium in accomplishing this job is
writing. For Lincoln, a lawyers time and advice are his stock in trade, and such are
expressed in, most often, written words.
In the law profession, there is always a room for improvement, much so for the
law students. As claimed by Judge Painter, legal writing has been bad for a long time
and, indeed, old ideas die hard. But he likewise said that writing is a skill that can be
learned not that one can necessarily learn to be Holmes but a lawyer can
substantially improve communication. Of course, a law student is not an exception to
this progress.
For the purpose of aiding the legal profession, including legal education, in either
enhancing or improving ones legal writing skill, discussed below is a restatement of
How to Write for Judges, Not Like Judges by Judge Mark P. Painter in his Legal
Writing 201.
Know Your Audience

The first question in all writing is: For whom are you writing? Thus, a lawyer
who, as expected, is writing for the court must know the court.
For example, if the judge is an expert on the law on the issue, then the facts are all
the judge should need to process the argumentthe facts become most important. If the
case is filed before a brand-new judge whose expertise is probate law, then it may be
assumed that the judges knowledge of the law of trade secrets case might be less. Then,
the brief should contain a more fundamental discussion of the law.
California Court of Appeals, First Appellate District The Recorder (5/21/97) p. 1
Front-Load Your DocumentContext Before Detail

As with all writing, organize the document to be front-loaded. That is, educate the
reader as to what is coming. Put the important material up front. Ask how much the
audience already knows about the facts and the law of the case. The answer is that the
judge knows very little about the facts of the case. A lawyer might have lived with his
case for perhaps years, but the judge knows only what it set out in the pleadings until
the lawyer explains what happened.
Strive to explain the case in a way that an average person can understand it. This
is not always possible, but it should be the goal. Make it easy for the reader.
Frame the Issue in Fewer than 75 Words

The most important part of a trial or appellate brief, or even of a memorandum to
another lawyer, is framing the issue. What is the question that has to be answered for
the court or the other lawyer? What has to be decided?
Do not start writing a brief or memo until there is a succinct statement of what
the case is about. And this must be done in 50-75 words. If it cannot be explained in 75
words, then the lawyer does not understand it very well, and neither will his reader the
court. A short, plain statement of the issue tells the reader what the case is about.
State the Facts Succinctly

Remember that the issue has already put up front in 75 words or less. Then in the
facts statement, the case has to be explained totally. Expand on what has been put up
front. After a short statement of facts, such may be weaved into the discussion section of
the documentand the lawyer can add and expand there if he needs to. The first
statement is to give contexta roadmap.
Avoid Overchronicling, Most Dates Are

Unimportant
There is nothing wrong with stating the facts in chronological order. The initial
outline of the case should list all dates. But when writing the brief or memo, do not fall
into the habit of starting every sentence with a date.
Avoid overchronicling. Too many briefs start out by reciting a chronology of facts:
On March 23, 1999, this happened, then on May 6, 1999, this happened. This
approach confuses the reader, because the reader does not know what facts are
important, and what, if any, dates have to be remembered. If so, say in June rather
2
than on June 14, 2000, or worse, on or aboutthis is not an indictment. Tell what
the case is aboutonly the material facts and why they are important.
As a general rule, most dates are not important. Unless an exact date is
important, leave it out. Instead, tell what the case is aboutonly the material facts, and
why they are important.
Headings are SignpostsThey should Inform

Headings are signposts that guide the reader. If the legal argument portion of
opinion is five pages, it may not need to be broken up; but if it is longer, it has to be
separated into numbered headings. Headings do not just give context, they also signal
the reader when to safely take a break. The reader needs breaks in digesting complex
material. Separate the partsand subpartsinto headings.
Write Short Paragraphs

Short paragraphs give the reader a chance to pause and digest what has gone
before. If three or four sentences have been added with new information in each
paragraph, that is enough. And remember each new piece of information should build
on the old. This is building on prior knowledge.
Form is ImportantMake it Look Good

Obviously, the substance of the case is most importantbut to communicate the
substance, use the best form possible.
Just about the most unreadable font is Courier. The world has been spending
thousands and millions in technology yet this font makes the opinions and orders look
like they were typed on a 1940 typewriter. The world has been spending thousands and
millions in technology yet this font makes the opinions and orders look like they were
typed on a 1940 typewriter. Hence, use a serif type for textbecause the serifs direct the
readers eyes to the next letter. For this, use Times New Roman or a similar typeface. A
non-serif, or sans serif, type is good for headings because it directs the readers eyes
downward to the material following the heading. Arial is a common sans-serif type.
Check the Document Carefully

The lawyer must check every page of every paper that leaves his desk. A missing
or omitted page certainly breaks up the flow of an argument.
Keep it Short
A lawyer must strive to write succinctly. It is much harder to write a short brief
than a long one. Too much space is a temptation to write all (or more than) what is
known about the subject. Make every word count, and the document will be much more
convincingthe reader might think that the lawyer know more than what he wrote, not
less.
Use No Talking Footnotes

If something is important enough to be in a footnote, it is important enough to be
in the text. Footnotes detract from readability. Encountering a footnote is like going
downstairs to answer the door while making love. Do not let footnotes swallow the page
from the bottom, as in a law review article. A lawyers goal is to communicate, not build
a resume. Proper use of footnotes is for reference only. If something is truly
parenthetical, and it needs to be mentioned, use parentheses.
Citations Go in Footnotes
Lawyers long ago forfeited much readability by including citations in the body of
the text, rather than in footnotes. This practice should cease, especially now that
footnoting references is simple.
Citations belong in footnotes. The reader must know that she does not need to
read the footnotesthey are for reference only. Then, the constant glancing up and
down is not necessary. If footnotes were a rational form of communication, Darwinian
selection would have resulted in the eyes being set vertically
Edit, Edit, Edit

Edit, edit, edit, and edit again. Typos, bad grammar, and misplaced paragraphs
simply take away from the argument.
Write Short Sentences

Write short, crisp sentences. What is the most underused punctuation mark in
legal writing? The period. The most overused is easythe comma. More periods, fewer
commassentence length should average no more than twenty words. Eighteen is
better.
4
Long sentences are especially difficult when strung together. Sophisticated

readers can understand longer sentencesif they are properly constructedbut no one
can wade through ten in a row. Break up the pacefollow a longer sentence with a short
one. Readability is the goal.
Use Mainly Active Voice

Passive voice is not forbidden. Sometimes the actor need not be named Many
books on this subject have been published. Or a smooth transition from one sentence to
the next requires you to put the subject first. Or a lawyer might want to hide the actor
Mistakes were made; An accident occurred.
But usually active is better; action is easier to understand. In the schoolyard,
Johnny tried to hit me. Now, after law school, one would probably say, An attempt
was made by Johnny to assault me. Somehow, the attempt becomes the focus. Probably
because lawyers categorize and name things, assault becomes a noun. A tort was
committed. If there is no good reason, put the sentence back the way real people would
talk.
Use But and And to Begin Sentences

And do not be afraid to start sentences with and or but. This signifies good
writing. The reason a grammar-school teacher teaches not to start a sentence with and
is because the student writes, I have a mother. And a father. And a dog. Use but
rather than however to start a sentence.
Distinguish between That and Which

Use that if the writer wants to restrict or limit what he is referring at, and
which if the reference to a noun is nonrestrictive. The easy way to rememberwhich is
preceded by a comma; that is not.
Use the Dash, Parenthesis,

Degrees of Emphasis
and
Comma
for
Though you should avoid cluttering up your document with too many incidental
comments, sometimes they fit nicely. A dash provides the greatest emphasisit is a
stronger breaknext in degree is the parenthesis, then the comma.
One Word is Usually Enough

Do not use two or three or four words for one (devise and bequeath; grant,
bargain, and sell; right, title, and interest; make, ordain, constitute, and appoint).
This goofiness originated with the Norman Conquest, after which it was necessary to use
both the English and French words so that all could understand. Most now understand
plain English. A related tendency of lawyers is to use many words when one is more
understandable (sufficient number of= enough, that point in time = then, for the
reason that = because).
Do not write filed a motion unless the filing itself has some significance. Write
moved. Do not write On October 13, 1995, plaintiff-appellant filed a timely appeal to
this honorable court. Again, unless the timeliness or date (or the honor of the court) is
in question; otherwise, so many words were used for nothing. Similarly, do not write
filed of record. Write filed. Where else would it be filed?
Hyphenate Phrasal Adjectives

The reader is confused by nouns acting as adjectives, or two adjectives together
modifying one noun. Always hyphenate phrases like wrongful-discharge suit, or
public-policy exception.
Always Question Of
It is all right to write Philippine Supreme Court instead of Supreme Court of the
Philippines. Question prepositional phrasesoffrom. There is nothing wrong with
possessive. Hence, the courts docket in place of the docket of the court is prettily
acceptable, even preferred.
Use the Serial Comma

In a list of three or more, always insert the serial comma. Some writers insist on
omitting the last comma, before the and. Do not omit the last commadoing so can
cause misinterpretation.
Avoid Unnecessary Preambles

Cut the useless preambles. Unnecessary preambles can weaken or hide the point
they introduce. Some unnecessary preambles:
6
It is important to add that . . .

It may be recalled that . . .
In this regard it is of significance that . . .
It is interesting to note that
Purge Lawspeak
Eschew legalese. Hereinafter, aforesaid, and the like do not add anything but
wordiness and detract from readability. Many studies show that legalese is the number
one complaint of appellate judges and clerks. Use Latin phrases sparingly. A fewres
ipsa loquitur, respondeat superiorare perhaps acceptable, but do not litter an opinion
with mangled pieces of murdered Latin. Cut out such, such as such motion. The
or that almost always works. Pursuant to usually may be translated as under.
The Parties have Names

The parties have names. Thus, do not go through the whole brief calling parties
plaintiff-appellant and defendant-appellee, or the like. Appellant would be enough, but
it is better to call the parties by name. When using procedural titles (such as plaintiff,
defendant, plaintiff-appellant), the reader then is burdened in translating to understand
what that means. The procedural titles chance throughout the case, but the names
remain the same. Using names also humanizes the clienteven corporate names, e.g.,
Globe Telecommunications, Inc., sound much more human that Plaintiff-Appellant
and Cross-Appellee.
Use Quotations Sparingly

There are too many briefs that are comprised of strings of quotations and very
little else. The lawyer should explain how the cited cases support the theory of the case.
Do not use lengthy quotationsa few lines at most.
No one reads long block quotes. People skip that single-space block and go on.
Unless the case that is being quoted is exactly on point (which is very seldom true), just
quote the most relevant and persuasive part. And do it in the text if possible. Just
remember, long blocks are not read. Lead into the quote with a paraphrase of what the
quote says. The reader will actually read it to see if you are telling the truth.
Use Persuasive Language

Use persuasive language. If the lawyer cant explain his case, how can he expect
the readers to understand it?
7
Daniel Smith likewise proposes persuasive legal writing. Writing is persuasive

when it makes the readers job easy. The four style qualities that make writing
persuasive are brevity, simplicity, clarity and honesty. 2 For it is true that lawyers who
use plain language know it doesn't just make good sense, it makes good cents. 3
Continue the Research Work

Continue researching. The lawyer might have filed a memorandum or a brief months
before it is argued before the court; yet, check every citation periodically, and again the day
before the case is argued. It has happened more than once that a new Supreme Court case,
overturning a former ruling, has appeared in the interim.
Daniel Smith, Persuasive Legal Writing: Ideas to Strengthen the Lawyers Connection to the Judge. Advocate,
December 2009.
3
Christopher Balmford
DEVELOPMENT OF LEGAL FORMS

The concept of legal forms has long been adopted since the olden days the same
as the notarial law.
Notarial law in fact has its ancient origin. In countries the foundation of whose
jurisprudence is the Roman Law, the duties of the notary public are viewed with great
variety and importance. In contrast to countries where the common law of England
prevails, the duties of a notary public are more limited. A notary public was formerly of
great use to merchants, ship masters, and other persons in attesting writings and
certifying to acts done by him, or in his presence, proof of which may be required in
distant or foreign places. The notary office originated in the early Roman jurisprudence
and was known in England before the Norman conquest. In the civil law, a notary
public was designated as registrarius, actuaries, or scrivarius. Anciently, a notary public
was a scribe who only took notes or minutes and made short drafts of writings and
instruments, both private and public.4
The history of the notarial law in the Philippines can be traced back to the early
days of the Spanish era where the functions of the notary public has been exercised by
the clerks of court in accordance with the law of the Indies. But what exactly is a notary
public and what is the concept of the notarial law? A notary public is an officer whose
duty is to attest the genuineness of any deed or writing in order to render it available as
evidence of facts therein contained. What the notary public does are legal forms which
are defined as models of instruments or legal proceedings, containing the substance and
the principal terms, to be used in accordance with the laws. 5
The functions of the notary public were exercised by clerks of courts according to
Indies Laws. In 1696, the clerks of courts of Manila, Parian, Tondo and Cavite were
required to have the protocols sewed and bound wherein court papers, wills and
contracts were executed for the purpose of preventing the commission of frauds. On
February 1889, the notarial law of Spain was extended to the Philippines. This
separated the office of the notarial law from the clerk of courts.6
During the American occupation, the Spanish notarial law was adopted and on
June 1900, it was repealed by Judiciary Act No. 136. The Philippine Commission then
provided for a new system of adjudication and registration of land titles. Act No. 496,
henceforth set the new law on notary public. In the year 1911, the Philippine Legislature
enacted Act No. 2335, amending the Notarial Law in Act No 136. By virtue of this
amendment, the notaries public were required to keep notarial registers. The
amendment also provided for the form and manner in which instruments executed,
acknowledged, or sworn to before a notary public were to be entered in the notarial
4
Legal and Judicial Forms, Martin and Gregorio, 1974, pp. 1

Bouviers Law Dictionary, cited in Co Tamco vs. Diaz
6
Annotated Forms by Camus and Sinco, pp.2-3
5
register. The notaries public were also required to send to the Clerk of court of the
province wherein he exercises his office, a copy of the entries made in his register during
the month.7
At present, the law on notaries public is governed by A.M. No. 02-8-13-SC or the
2004 Rules on Notarial Practice which is discussed in the subsequent section. Another
development, and the most recent advance in legal writing, is the approval of A.M. No.
12-8-8-SC or the Judicial Affidavit Rule which is likewise presented in this book.
2004 RULES ON NOTARIAL PRACTICE

7
supra, Camus and Cinco
10
The 2004 Rules on Notarial Practice took effect on August 1, 2004 and has
been governing the rules on notarial practice, specifically the appointment of
notaries and the performance and exercise of their official functions.
Purpose of Notarial Law

The Rules are intended to advance the following purposes:
(a) to promote, serve, and protect public interest;
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public.8
Qualifications of a Notary Public

To be qualified as a notary public, one has to meet the following requirements:
1. he must be a citizen of the Philippines
2. he must be over twenty-one (21) years of age
3. he must be a resident in the Philippines for at least one (1) year and maintains a
regular place of work or business in the city or province where the commission is
to be issued
4. he must be a member of the Philippine Bar in good standing with clearances
from the Office of the Bar Confidant of the Supreme Court and the Integrated
Bar of the Philippines;
5. and he must not have been convicted in the first instance of any crime involving
moral turpitude9 because this is one of the disqualifications of a notary public
Scope of Practice of the Notary Public

The jurisdiction of notaries public shall be co-extensive with the province or the
city in which he is appointed. It shall be for a period of two years commencing on the
first day of January in which the commissioning was made, unless revoked. 10
Sec 1, Rule I, 2004 Rules on Notarial Practice

supra, Sec 1, Rule VI
10
supra, Sec 11, Rule III
9
11
Powers and Duties of a Notary Public

After every requirement and qualification has been complied with, a notary
public is now vested with powers and duties concerning his office. Under Section 1 of
the Rule, a notary public is empowered to perform the following notarial acts: (1)
acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessings; (5)
copy certifications; and (6) any other act authorized by these Rules.
In general, the powers of the notaries public are administering all oaths or
affirmations provided for by law, in all matters incident to his notarial office, and in the
execution of the affidavits, depositions, and other documents requiring an oath; to
receive the proof or acknowledgment of all writings relating to commerce and
navigation, such as bills of sale, bottomries, mortgages and hypothecations of ships,
vessels or boats, charter parties of affreightenments, letters of attorney, deeds,
mortgages, transfers and assignments of land or building, or an interest therein, and
such other writings as are commonly proved of acknowledged before notaries; to act as a
magistrate, in the writing of affidavits or depositions and to make declarations and
certify the truth thereof under his seal of office, concerning all matters done by him in
virtue of his office.11
Limitations and Prohibitions in the Practice of

Notarization
The powers and duties of a notary public are not absolute. It is with limitations
as provided in the Rules.
As to place of work or business

A notary public is prohibited from performing a notarial act outside his regular
place of work or business; provided, however, that on certain exceptional occasions or
situations, a notarial act may be performed at the request of the parties in the following
sites located within his territorial jurisdiction like public offices, convention halls, and
similar places where oaths of office may be administered; public function areas in
hotels and similar places for the signing of instruments or documents requiring
notarization; hospitals and other medical institutions where a party to an instrument or
document is confined for treatment; and any place where a party to an instrument or
document requiring notarization is under detention.12
As to parties involved
A notary public is not to perform a notarial act if the person involved as signatory
to the instrument or document is not in the notary's presence personally at the time of
the notarization; and is not personally known to the notary public or otherwise
11
12
Handbook on Legal and Judicial Forms, Martin and Gregorio, pp. 5

supra, Sec 2, Rule IV
12
identified by the notary public through competent evidence of identity as defined by the
Rules.13
He is disqualified from performing a notarial act if he is a party to the instrument
or document that is to be notarized and he will receive, as a direct or indirect result, any
commission, fee, advantage, right, title, interest, cash, property, or other consideration,
except as provided by these Rules and by law; or is a spouse, common-law partner,
ancestor, descendant, or relative by affinity or consanguinity of the principal within the
fourth civil degree.14
As to circumstances warranting refusal of

notarization
A notary public shall not perform any notarial act described in the Rules for any
person requesting such an act even if he tenders the appropriate fee specified by the
Rules if (a) the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral; (b) the signatory shows a demeanor which
engenders in the mind of the notary public reasonable doubt as to the former's
knowledge of the consequences of the transaction requiring a notarial act; and (c) in the
notary's judgment, the signatory is not acting of his or her own free will. 15
As to collection of fees
A notary public shall not require payment of any fees prior to the performance of
a notarial act unless otherwise agreed upon.16 It is likewise prohibited to collect any fee
or compensation of any kind except those expressly provided in the Rules 17 such as the
notarial fees and travel fees and expenses when traveling to perform a notarial act. 18
Competent Evidence of Identification

A party seeking a notarial act must present a competent evidence of identity. But
this is not required when the affiant is personally known to the notary public. 19
Competent evidence of identity may refer to the identification of an individual
based on at least one current identification document issued by an official agency
bearing the photograph and signature of the individual. 20 Hence, it is suggested that
Community Tax Certificates (CTC) or cedulas are no longer relevant as far as notarial act
is concerned. This finds its support from Baylon v. Almo where the Supreme Court
13

15
16
supra, Sec 4, Rule V
17
18
19
Amora v. Comelec GR No. 192280, January 25, 2011
20
supra, Sec 12(a), Rule II, as amended by A.M. No. 02-8-13-SC, February 19, 2008
14
13
stated that the respondent notary public should not have relied on the CTC presented
by the impostor in view of the ease with which community certificates are obtained
these days. As a matter of fact, recognizing the established unreliability of a CTC in
proving the identity of a person who wishes to have his document notarized proving the
identity of a person, we did not include it in the list of competent evidence of identity
that notaries public should use in ascertaining the identity of persons appearing before
them to have their documents notarized. 21
Competent evidence of identity may alternatively refer to the oath or affirmation
of one credible witness not privy to the instrument, who is personally known to the
notary public and who personally knows the individual, or of two credible witnesses
neither of whom is privy to the instrument who each personally knows the individual
and show to the notary public identification.22
The Seal of the Notary Public

One very important part of a legal form is the signature and seal of the notary
public. The purpose of the seal is to give assurance, in addition to the signature, that the
act is genuine. It makes the detection of spurious instruments easier.
Hence, every notary public shall have, at his own expense procure a seal which
shall be of metal, circular in shape, two inches in diameter, and shall have the name of
the city or province and the word "Philippines" and his own name on the margin and the
roll of attorney's number on the face thereof, with the words "notary public" across the
center. A mark, image or impression of such seal shall be made directly on the paper or
parchment on which the writing appears.23 The use of the seal shall not be necessary to
the authentication of any paper, document, or record signed by a justice of peace or
emanating from his office except when he acts as a notary public ex-officio.
NOTARY PUBLIC
Roll No. 8689
Fig. 1. Sample Notarial Seal
21
Baylon v. Almo, A.C. No 6962, June 25, 2008

supra, Sec 12(b), Rule II
23
supra, Sec 2(a), Rule VII
22
14
The Notarial Register of a Notary Public
Entry
Numb
er
Title/
Descript
ion of
Instrum
ent
Name
&
Addre
ss of
Partie
s
Names
&
Address
es of
Witness
es
Compet
ent
Evidenc
e of
Identity
Date &
Time of
Notarizat
ion
Type of
Notaria
l Act
Fees
&
O.R.
No.
Other Place
of
Notarizatio
n other
than office
of Notary
Public
and/or
Remarks
Every notary public shall keep, maintain, protect and provide for lawful
inspection24 a register to be known as the NOTARIAL REGISTER wherein record shall
24
15
be made of all his official acts as notary; and he shall supply a certified copy of such
record, or any part thereof, to any person applying for it and paying the legal fees
therefor.
A notarial register is a chronological official notarial register of notarial acts
consisting of a permanently bound book with numbered pages. The register shall be
kept in books to be furnished by the Solicitor General to any notary public upon request
and upon payment of the cost thereof. The register shall be duly paged, and on the first
page, the Solicitor General shall certify the number of pages of which the book
consists.25
Judicial Form No. 143, As Amended

Notarial Register of
of
, Philippines for the years
_ to ______
Under appointment made on the
day of
and expiring on
_.
This week, a total of ___ documents were executed (__) acknowledged (__) sworn to and (__) protested
Public
Notary
Form 1. Sample Notarial Register
Revocation of the Commission of a Notary Public

There are grounds for revocation of the commission of a notary public. The
following derelictions of duty on the part of the notary public shall, in the discretion of
the proper judge, be sufficient ground for the revocation of his commission:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial register concerning
his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the first
ten (10) days of the month following;
(4) fails to affix to acknowledgments the date of expiration of his commission;
(5) fails to submit his notarial register, when filled, to the Executive Judge;
(6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the judge;
(7) fails to require the presence of a principal at the time of the notarial act;
25
16
(8) fails to identify a principal on the basis of personal knowledge or

competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or
mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment of the
Executive Judge constitutes good cause for revocation of commission or
imposition of administrative sanction.26
JUDICIAL AFFIDAVIT RULE

On September 4, 2012, the Supreme Court issued the most recent development in
legal writing which is the A.M. No. 12-8-8-SC or the Judicial Affidavit Rule. This Rule
requires that direct examination of a witness, which is the examination-in-chief of a
witness by the party presenting him on the facts relevant to the issue, shall be in the
form of judicial affidavits, in lieu of oral testimony, subject to cross-examination.
The Purpose of the Rule

The whereas clause of the Judicial Affidavit Rule declares that congestion and
delays plague most courts in cities, given the huge volume of cases filed each year and
the slow and cumbersome adversarial system that the judiciary has in place. Moreover,
about 40% of criminal cases are dismissed annually owing to the fact that complainants
simply give up coming to court after repeated postponements. Another fact which led to
the approval of the recommendation is that few foreign businessmen make long-term
26
supra, Rule XI
17
investments in the Philippines because its courts are unable to provide ample and
speedy protection to their investments, keeping its people poor.
Thus, in order to reduce the time needed for completing the testimonies of
witnesses in cases under litigation, on February 21, 2012 the Supreme Court approved
for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in
place of the direct testimonies of witnesses. It is then reported that such piloting has
quickly resulted in reducing by about two-thirds the time used for presenting the
testimonies of witnesses, thus speeding up the hearing and adjudication cases.
Consequently, the Supreme Court Committee on the Revision of the Rules of
Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on
the Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A.
Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate
nationwide the success of the Quezon City experience in the use of judicial affidavits.
In sum, the Rule is intended to expedite court proceedings.
The Scope of the Application of the Rule

As to the case involved
The Judicial Affidavit Rule shall apply to all actions, cases, proceedings, and
incidence requiring the reception of evidence. This, however, shall not apply to small
claims cases under A.M. 08-8-7-SC.
As to criminal actions, the Rule shall apply to all cases where the maximum of the
imposable penalty does not exceed six years; where the accused agrees to the use of
judicial affidavits, irrespective of the penalty involved; or with respect to the civil aspect
of the actions, whatever the penalties involved are.27
As to the courts hearing the case

The application of the Rule shall be limited to the following courts:
1. The Metropolitan Trial Courts, the Municipal Trial Court in Cities, the Municipal
Trial Courts, the Municipal Circuit Trial Courts, and the Sharia Circuit Courts;
2. The Regional Trial Courts and the Sharia District Courts;
3. The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the
Sharia Appellate Courts;
27
Sec 9(a), Judicial Affidavit Rule A.M. No. 12-8-8-SC
18
4. The investigating officers and bodies authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the Philippines (IBP); and
5. The special courts and quasi-judicial bodies, whose rules of procedure are subject
to disapproval of the Supreme Court, insofar as their existing rules of procedure
contravene the provisions of the Rule.
Contents of Judicial Affidavit

The Rule provides that a judicial affidavit shall be prepared in the language
known to the witness and, if not in English or Filipino, accompanied by a translation in
English or Filipino, and shall contain the following:28
(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of
the witness and the place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious
that he does so under oath, and that he may face criminal liability for false testimony or
perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively
numbered, that show the circumstances under which the witness acquired the facts
upon which he testifies; elicit from him those facts which are relevant to the issues that
the case presents; an identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer
who is authorized by law to administer the same.
The judicial affidavit shall further contain a sworn attestation at the end,
executed by the lawyer who conducted or supervised the examination of the witness, to
the effect that:
1. He faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave; and
2. Neither he nor any other person then present or assisting him coached the
witness regarding the latter's answers.29
Submission of Judicial Affidavits and Exhibits

28
29
supra, Sec 3
supra, Sec 4
19
By whom and to whom served

The parties shall file with the court and serve on the adverse party 30 the judicial
affidavits of witnesses, which shall take the place of such witnesses' direct testimonies
and the parties' documentary or object evidence, if any, which shall be attached to the
judicial affidavits and marked as Exhibits.31
When
must
the
aforementioned
documents be submitted
legal
The judicial affidavits and the documentary or object evidence shall be filed not
later than five days before pre-trial or preliminary conference or the scheduled hearing
with respect to motions and incidents.32
How shall the legal documents be submitted

The party shall serve and submit personally or by licensed courier service 33 the
said legal documents.
Should a party or a witness desire to keep the original document or object
evidence in his possession, he may, after the same has been identified, marked as
exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction
attached to such affidavit is a faithful copy or reproduction of that original. In addition,
the party or witness shall bring the original document or object evidence for comparison
during the preliminary conference with the attached copy, reproduction, or pictures,
failing which the latter shall not be admitted.
This is without prejudice to the introduction of secondary evidence in place of the
original when allowed by existing rules.34
In criminal cases, if the accused desires to be heard on his defense after receipt of
the judicial affidavits of the prosecution, he shall have the option to submit his judicial
affidavit as well as those of his witnesses to the court within ten days from receipt of
such affidavits and serve a copy of each on the public and private prosecutor, including
his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on.
These affidavits shall serve as direct testimonies of the accused and his witnesses when
they appear before the court to testify.35
Offer of and Objections to Testimony

30
Ibid.
supra, Sec 2
32
Ibid.
33
Ibid.
34
Ibid.
35
supra, Sec 9(b)
31
20
In Judicial Affidavit
The party presenting the judicial affidavit of his witness in place of direct testimony shall
state the purpose of such testimony at the start of the presentation of the witness. The adverse
party may move to disqualify the witness or to strike out his affidavit or any of the answers
found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if
granted, shall cause the marking of any excluded answer by placing it in brackets under the
initials of an authorized court personnel, without prejudice to a tender of excluded evidence
under Section 40 of Rule 132 of the Rules of Court.36
In Exhibits
Upon the termination of the testimony of a partys last witness, the said party
shall immediately make an oral offer of evidence of his documentary or object exhibits,
piece by piece, in their chronological order, stating the purpose or purposes for which he
offers the particular exhibit. After each piece of exhibit is offered, the adverse party
shall state the legal ground for his objection, if any, to its admission, and the court shall
immediately make its ruling respecting that exhibit. Since the documentary or object
exhibits form part of the judicial affidavits that describe and authenticate them, it is
sufficient that such exhibits are simply cited by their markings during the offers, the
objections, and the rulings, dispensing with the description of each exhibit. 37
Remedy against the Refusing Party to Execute a

Judicial Affidavit
If the government employee or official, or the requested witness, who is neither
the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a
judicial affidavit or refuses without just cause to make the relevant books, documents, or
other things under his control available for copying, authentication, and eventual
production in court, the requesting party may avail himself of the issuance of a
subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. 38
Examination of the Witness on His Judicial Affidavit

The adverse party shall have the right to cross-examine the witness on his judicial
affidavit and on the exhibits attached to the same. The party who presents the witness
may also examine him as on re-direct. In every case, the court shall take active part in
36
supra, Sec 2
supra, Sec 8
38
supra, Sec 5
37
21
examining the witness to determine his credibility as well as the truth of his testimony
and to elicit the answers that it needs for resolving the issues. 39
Effect of Non-compliance with the Judicial Affidavit

Rule
Failure to submit the affidavit on time
A party who fails to submit the required judicial affidavits and exhibits on time
shall be deemed to have waived their submission. The court may, however, allow only
once the late submission of the same provided, the delay is for a valid reason, and would
not unduly prejudice the opposing party, and the defaulting party pays a fine.
Failure to appear at the hearing

The court shall not consider the affidavit of any witness who fails to appear at the
scheduled hearing of the case as required. Counsel who fails to appear without valid
cause despite notice shall be deemed to have waived his client's right to confront by
cross-examination the witnesses there present.
Failure to comply with the content requirement

The court shall not admit as evidence judicial affidavits that do not conform to
the content requirements and attestation requirement. But this may be allowed on the
same grounds given under failure to submit the affidavit on time. 40
PARTS COMMON TO FORMS

CAPTIONS and TITLES
The caption is that part of the pleading, which sets forth:
1. the name of the court
2. the title of the action
3. the docket number, if assigned41
The title indicates the names of the parties, who shall be named in the original
complaint or petition. However, in subsequent pleadings, it shall be sufficient if the
39
supra, Sec 7
supra, Sec 10
41
Sec. 1, par. 1, Rule 7, Rules of Court
40
22
name of the first party on each side be stated with an appropriate indication when there
are other parties. Their respective participation in the case shall be indicated. 42
REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 2, Baguio City
JOHN DELA CRUZ,
Plaintiff,
CIVIL CASE No. 1234
For Collection of Sum of Money
-versusANDREW BONIFACIO,
Defendant.
Form2a. Caption and title
OR in case of a special proceeding,

IN THE MATTER OF
Form 2b. Title in case of a special proceeding
Batas Pambansa Blg.129 or the Judiciary Reorganization Act of 1980 abolished

all courts except the Supreme Court, the Sandiganbayan and the Court of Tax Appeals.
The same Act then created Intermediate Appellate Court, Regional Trial Court in
thirteen (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. On 1986, the Intermediate Appellate Court was renamed
the Court of Appeals by virtue of Executive Order No. 3.
The following are samples of Caption filed in said courts:
SUPREME COURT
Form 3a. Caption(Supreme Court)

COURT OF APPEALS
MANILA
Form 3b. Caption(Court of Appeals)
42
Sec. 1, par. 2-3, Rule 7, Rules of Court
23

Form 3b.Caption (Regional Trial Court)
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT OF METRO MANILA
Manila, Branch 1
Form 3c. Caption (Metropolitan Trial Court)
MUNICIPAL TRIAL COURT
Dagupan City, (Branch 1)
Form 3c. Caption (Municipal Trial Court in City)
Lingayen, Pangasinan
Form 3d. Caption( Municipal Trial Court in Municipality)
MUNICIPAL CIRCUIT TRIAL COURT
Sison, Pangasinan
Form 3e. Caption (Municipal Circuit Trial Court)
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be
ordered to pay the plaintiff the amount of One Million Pesos (P 1,000,000.00) for actual and
compensatory damages, Fifty Thousand Pesos (P 50,000.00) for moral damages, Fifty
Thousand Pesos (P 50,000.00) for exemplary damages, and fifty thousand Pesos (P50,000.00)
for attorneys fees.
Other just and equitable reliefs are also prayed for.
Form 4. Prayer
24
S.S.
S.S. is the abbreviation of Scilicet, which is the Latin for it is permitted to know. 43
In Legal Forms, it is read as to wit; namely; or that is to say. 44 Further, it is used to
particularize a general statement; where in this case, it refers to the venue of execution
of the instrument or document.
REPUBLIC OF THE PHILIPPINES }
City of Baguio
} S.S.
Form 5. Scilicet
STATEMENTS UNDER OATH

JURAT
Jurat refers to an act in which an individual, on a single occasion appears in
person before a Notary Public and presents an instrument or document; is personally
known to the Notary Public or identified by the Notary Public through competent
evidence of identity as defined by the 2004 Rules on Notarial Practice; signs the
instrument or document in the presence of the Notarial Practice; and takes an oath or
affirmation before the Notary Public as to such instrument or document.45
Basically, jurat is a certification that the instrument was sworn to before a
Notary Public, which is executed to give the document a legal character. It accompanies
any notarized document that is declaratory in nature, as opposed to a notarized
43
Theodore O. Te: On Writing Legally 2009 Revised Edition

Legal Forms Manual, Ateneo 3D 2008-2009
45
Sec. 5, 2004 Rules on Notarial Practice
44
25
document that transmits rights or property, which must be accompanied by an

acknowledgment.46
SUBSCRIBED AND SWORN TO before me in the City of Baguio on this 19 th day of

April 2013, affiant exhibiting before me his Government Issued ID No. 08061989 issued on
August 6, 2012 at Baguio City.
JOSH E. RIZAL
Notary Public for Baguio City
Until December 31, 2013
182 Session Road, Baguio City
PTR No. 123/Baguio City/12-31-13
Roll of Atty. No. 45678
IBP Lifetime Membership No. 910
MCLE Compliance No 9876
Doc. No. 21
Page No. 4
Book No. 1
Series of 2013.
Form 6. Jurat
If the document is subscribed before a public officer duly authorized to take

oaths, then there is no need for the affiant to produce a Community Tax Certificate
(CTC) nor for the entry into a Notarial Register; thus, the italicized portion of the jurat is
dispensed with but not the oath itself.47
ACKNOWLEDGMENT
Acknowledgment is an act in which an individual on a single occasion appears
before in person before the Notary Public and presents an integrally complete
instrument or document; is attested to be personally known to the Notary Public or
identified by the Notary Public through competent evidence of identity as defined by the
2004 Notarial Rules; and represents to the NP that the signature on the instrument or
document was voluntarily affixed by him for the purposes stated in the instrument or
document, declares that he has executed the instrument or document as his free and
voluntary act and deed, and, if he acts in a particular representative capacity, that he has
the authority to sign in that capacity.48
Basically, it is the act of one who has executed a deed in going before some
competent officer or court and declaring it to be his act or deed.
46
supra, Te
supra, Te
48
Sec 1, Rule 2 of 2004 Rules on Notarial Practice
47
26
The two-fold functions of an acknowledgment are 1.) to authorize the deed to be

given in evidence without proof and 2.) to entitle it to be recorded. The same purposes
may be accomplished by a subscribing witness going before the officer or court and
making oath to the fact of execution, which is certified in the same manner. 49
Simple Form of Acknowledgment

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES}
City of Baguio
} SS
BEFORE ME, a Notary Public for and in the City of Baguio, Philippines, personally
appeared LAP U. LAPU, with Passport No. 1234 issued at Baguio City expiring on November 20,
2013, and Drivers License No. 5678 issued by LTO Baguio on December 18, 2012, known to me
to be the same person who executed the foregoing instrument, and acknowledged to me that the
same is his free act and voluntary deed.
WITNESS MY HAND AND SEAL this 19th day of April 2013 in the City of Baguio,
Philippines.
49
Ateneo 3D
27
JOSE F. RIZAL
Doc. No. 21
Page No. 4
Book No. 1
Series of 2013.
Form 7a. Simple Acknowledgment
Acknowledgment of Instrument Consisting of Two

or More Pages
ACKNOWLEDGMENT
City of Baguio
} S.S.
BEFORE ME, a Notary Public for and in the City of Baguio Philippines, personally
appeared LAP U. LAPU, with Passport No. 1234 issued at Baguio City expiring on November 20,
2013, and Drivers License No. 5678 issued by LTO Baguio on December 18, 2012, known to me
to be the same person who executed the foregoing instrument, and acknowledged to me that the
same is his free act and voluntary deed.
This instrument, consisting of four (4) pages, including the page on which this
acknowledgement is written, has been signed on the left margin of each and every page thereof
by LAP U. LAPU and his witness, and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal,
on this 19th day of April, 2013 in the City of Baguio, Philippines.
28
JOSE F. RIZAL
Doc. No. 21
Page No. 4
Book No. 1
Series of 2013.
Form 7b. Acknowledgment of instrument consisting of two or more pages
VERIFICATION
A pleading is verified by an affidavit that the affiant has read the pleading and
that the allegations therein are true and correct of his personal knowledge or based on
authentic records.50 A verification based on information and belief or upon
knowledge, information and belief is considered defective and the pleading unverified
or unsigned.51
The pleadings which are required to be verified are the pleadings under the Rules
of Summary Procedure; complaints for Forcible Entry, Unlawful Detainer, and
Replevin; complaints with application for injunction or attachment; answer to
complaint or counterclaim based on actionable documents; and petitions for Certiorari,
Prohibition, Mandamus, Habeas Corpus and Change of Name. The indispensable
requirement of Verification is the statement that the document is executed under oath. 52
50
Sec. 4, par. 2, Rule 7, Rules of Court

Sec. 4, par.3, Rule 7, Rules of Court
52
Theodore O. Te: On Writing Legally 2009 Revised Edition
51
29
VERIFICATION
City of Baguio
} SS
JUAN DELA CRUZ, after having been duly sworn in accordance with law, hereby
deposes and states that:
1. He is the plaintiff in the pleading entitled Juan dela Cruz v. Andrew Bonifacio.
2. He has caused its preparation.
3. He has read it and the allegations therein are true and correct of his own knowledge
or based on authentic records.
JUAN DELA CRUZ
Plaintiff
(Insert JURAT)
Form 8. Verification
CERTIFICATION AGAINST FORUM SHOPPING

The plaintiff or principal party must certify under oath in the complaint,
initiatory pleading, or sworn certification that:
1. he has not commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no
such other action or claim is pending there
2. if there is such other pending action or claim, a complete statement of its present
status, and
3. if he should thereafter learn that the same or similar action or claim has been
filed or is pending, he shall report that fact within 5 days to the court where his
complaint or pleading was filed.53
Rule 7, Section 5 of the Rules of Court requires that any initiatory pleading must
be accompanied by a Certification against Forum Shopping. Under the same provision
of the Rules of Court, it is the plaintiff or principal party who executes the certification
under oath. Case in point is Far Eastern Shipping Company v. Court of Appeals (297
SCRA 30) where it was promulgated that a certification signed by counsel is a defective
53
Rule 7, Sec. 5, Rules of Court
30
certification and is a valid cause for dismissal. This is the general rule and the prevailing
rule.54
CERTIFICATION AGAINST FORUM SHOPPING
Republic of the Philippines}
City of Baguio
} S.S.
JUAN DELA CRUZ, after having been duly sworn in accordance with law deposes and
states that:
1. He is the plaintiff in the case entitled Juan dela Cruz v. Andrew Bonifacio;
2. He certifies that he has not commenced any action or filed any claim involving the
same issues before any other court, tribunal or quasi-judicial agency;

3. To the best of his knowledge, there is no such pending action or claim;
4. If he should learn that a similar action or claim has been filed or is pending he shall
report such fact within five (5) days from the discovery to this Honorable Court.
JUAN DELA CRUZ
Plaintiff
(Insert JURAT)
Form 9. Certification against Forum Shopping
COMBINED VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, JUAN DELA CRUZ, of legal age, do hereby state that I have caused this Complaint to
be prepared; I have read its contents and affirm that they are true and correct to the best of my
own personal knowledge; I hereby certify that there is no other case commenced or pending
before any court involving the same parties and the same issue and that, should I learn of such a
case, I shall notify the court within five days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on April 19, 2013 in the City
of Baguio Philippines.
JUAN DELA CRUZ
Plaintiff
(Insert JURAT)
54
Willard B. Riano, Civil Procedure ( A Restatement for the Bar), 2007
31
Form 10. Combined verification and certification against forum shopping
VERIFIED STATEMENT OF MATERIAL DATES

This refers to the statement bearing the date when the Decision or Judgment was
received and is added to the standard Verification and Certification Against Forum
Shopping in special civil actions.55
55
supra, Te
32

I, JUAN DELA CRUZ, of legal age, do hereby state that I have caused this Complaint to
be prepared; I have received a copy of the [Order/Resolution/Decision] of the Court on 13 April
2013; I have read its contents and affirm that they are true and correct to the best of my own
personal knowledge; I hereby certify that there is no other case commenced or pending before
any court involving the same parties and the same issue and that, should I learn of such a case, I
shall notify the court within five days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 19 April, 2013 in the City
of Baguio, Philippines.
JUAN DELA CRUZ
Plaintiff
(Insert JURAT)
Form 11. Combined verification and certification against forum shopping
with verified statement of material dates
REQUEST FOR NOTICE & HEARING

The Notice of Hearing is actually both a REQUEST and a NOTICE; a REQUEST
for the Branch Clerk of Court to include the motion in the calendar for hearing on a
specific date and a NOTICE to opposing counsel of the hearing date requested. 56
56
supra, Te
33
In motions filed before the Supreme Court and the Court of Appeals, a Notice of
Hearing is not required.57
REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT
Municipal Trial Court
Baguio City, Branch 6
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the courts calendar for hearing
on Friday, 20 April 2013 at 8:30 in the morning.
ANDRE S. BONIFACIO
44 Honeymoon Road
Baguio City
Please take notice that counsel has requested to be heard on Friday, 19 April 2013 at 8:30
in the morning.
JOSH E. RIZAL
Counsel for Defendant
Form 12. Request for notice and notice of hearing
Notice of Hearing in Non-Litigious Motions

In non-litigious motions or ex parte motions (see MOTIONS for the enumeration
of litigious and non-litigious motions), it is sufficient that the request not contain a date;
thus, with the Notice to opposing counsel simply stating that counsel will submit the
motion to the court for approval immediately upon receipt. 58
57
58
Ibid.
supra, Te
34
NOTICE OF HEARING
Municipal Trial Court
Baguio City, Branch 6
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof.
ANDRE S. BONIFACIO
44 Honeymoon Road
Baguio City
Please take notice that counsel has requested to be heard on Friday, 19 April 2013 at 8:30
in the morning.
JOSH E. RIZAL
Form 13. Notice of hearing in non-litigious motions
PROOF OF SERVICE
Proof of Personal Service
35
Copy furnished through personal service:

Atty. Josh E. Rizal
Counsel for the Defendant
Form 13. Proof of personal service
Proof of Service by Registered Mail

A written explanation, required if the service and filing of pleadings and other
papers is done by registered mail, is not required in papers coming from the court. The
explanation does not have to be verified, but it must be signed.59
59
supra, Te
36
Copy furnished through registered mail:

Atty. ANDRE S. BONIFACIO
Counsel for the Plaintiff
Kapangan Poblacion, Benguet
EXPLANATION
The foregoing Answer and its attachment were served on Atty. Andre S. Bonifacio by
registered mail instead of personal service as counsel for petitioner only has one messenger and
personal service would have resulted in the motion not being filed on time to the detriment of
petitioner.
JOSH E. RIZAL
Republic of the Philippines}
City of Baguio
} S.S.
AFFIDAVIT
I, DIEGO C. LANG, a messenger of Atty. Josh E. Rizal, with office address at 182 Session
Road, Baguio City, after being duly sworn, deposes and states:
That on April 18, 2013, I served a copy of the following motion by registered mail in
accordance with Section 10, Rule 13 of the Rules of Court:
ANSWER
Nature of the Pleading
in Case No. 1234 entitled Aurora Q. Uezon v. Imelda M. Arcos by depositing a copy in the post
office in a sealed envelope, plainly addressed to Atty. Andre S. Bonifacio of Kapangan
Poblacion, Benguet, with postage fully paid, as evidenced by Registry Receipt No. 1234 attached
and with instructions to the post master to return the mail to sender after ten days if
undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 19 April
2013, in the City of Baguio, Philippines.
DIEGO C. LANG
Affiant
(Insert JURAT)
Form 14. Proof of service by registered mail
Place, date, signature, address, Roll number, IBP

receipt number, PTR number, MCLE Compliance or
Exemption Number, Contact Details
37
Counsels are required to indicate in their pleadings or other legal documents

their contact details aside from address.60 Further, as per Supreme Court En Banc
Resolution on Bar Matter No. 1132 dated Nov. 12, 2002, all pleadings must indicate the
following:
1. Roll of Attorneys number of counsel
2. Current Professional Tax Receipt number (PTR No.)
3. IBP Official Receipt or Life Member number
As per Bar Matter 1922, MCLE compliance or exemption number for the specific
compliance period must be stated; failure to do so may mean dismissal of the case or
expunction of the pleading.
City of Baguio, Philippines, 19 April 2013.

Atty. ANDRE S. BONIFACIO
43 Legarda Road, Baguio City
Roll No. 1234
IBP No 123/Baguio City/12.12.13
PTR No 321/Baguio City/12.12.13
Form 15. Place, date, signature, address, Roll number, IBP receipt number,
PTR number, MCLE Compliance or Exemption Number, Contact Details
AFFIDAVITS
An affidavit is a formal sworn statement of fact, signed by the declarant called an
affiant and witnessed by a taker of oath such as a notary public.
60
A.M. NO. 07-6-5-SC
38
The uses of affidavits include (1) To allow evidence to be gathered from witnesses
or participants who may not be available to testify in person before the court, or who
may otherwise fear for their safety if their true identities are revealed in court; and (2)
To obtain a declaration on a legal document that the information provided by the
applicant is truthful to the best of the applicants knowledge. 61
If an affidavit is notarized or authenticated, it will also include a caption with a
venue and title in reference to judicial proceedings. These may be written in the first or
third person, depending on who drafted the document. If in the first person, the
documents component parts are:
1. A commencement which identifies the affiant;
2. The individual averments, almost always numbered as mandated by law, each
one making a separate claim;
3. A conclusion generally stating that everything is true, under penalty of perjury,
fine, or imprisonment; and
4. An attestation, usually a jurat, at the end certifying the affiant made oath and the
date.62
Parts of an Affidavit63
The Venue is the designation of the place where the affidavit was taken to show
whether the notary public has acted within his jurisdiction.
The Scilicet/Subscripsi (SS) is used to particularize a general statement, i.e. republic
of the Philippines, SS, City of Baguio means: in the Republic of the Philippines, more
particularly in the City of Baguio.
The Body consists of the facts attested to by the affiant, who should have actual
knowledge of the same and not merely a belief thereof. The allegations therein should be
full, certain, and exact. In short, accuracy of the statements in the affidavit is
indispensable.
The signature of the affiant which is found below the body of the affidavit.
The Jurat.
SAMPLE AFFIDAVITS
Form 17a. Affidavit of Adjudication of Estate of a Deceased Person
61
supra, Ateneo 2008-2009

Ibid.
63
Ibid.
62
39
REPUBLIC OF THE PHILIPPINES)

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF ADJUDICATION OF ESTATE OF A DECEASED PERSON

I, JUAN DE LA CRUZ JR., of legal age, single and now residing at #66 Teachers
Camp, Baguio City, Philippines, after having been sworn in accordance with law, depose and
say:
1.
That I am the only surviving son of JUAN DE LA CRUZ SR., who died intestate in
the City of Baguio, Philippines, on March 21, 2013 as evidenced by Death Certificate issued by
the Civil Registrar of Baguio and certified by the National Statistics Office, Baguio City;
2.
That said deceased left an estate consisting of a parcel of land measuring ONE
HUNDRED TWENTY SQUARE METERS (120 sq.m.), located in the city of Baguio, and
evidenced by Transfer Certificate of Title No. 122132 issued by the Registry of Deeds of Baguio;
3.
That the said parcel of land is more particularly described as follows, to wit:
A PARCEL OF LAND (LOT 29, BLK. 5 PSD-1-013437, BEING A PORTION OF PLAN
PSU-189706, L.R.C. REC. NO. 123) SITUATED AT RES. SEC. J IRISAN, CITY OF
BAGUIO, ISLAND OF LUZON. BOUNDED ON THE NW., ALONG LINE 1-2 BY LOT 27;
ONT THE SE., ALONG LINE 6-1 BY LOT 30, BLK. 5, BOTH PSD-1-013437.
BEGINNING AT A POINT MARKED 1 OF LOT 29, BLK. 5 ON PLAN, BEING N. 82
DEG. 43 W., 173.93 M FROM TRIANGULATION STA. BOYD, BAGUIO TOWNSITE
THENCE 68 DEG., 05E.M, 21.88 M. TO POINT 2; THENCE S. 32 DEG., 51 E., 4.00 M.
TO POINT 3; THENCE S. 37 DEG., 47E TO POINT BEGINNING; CONTAINING AN
AREA OF SEVEN HUNDRED EIGHTY SQUARE METERS. ALL POINTS REFERRED
TO ARE INDICATED ON THE PLAN, MARKED ON THE GROUND BY P.S. CYL. CONC.
MONS. (15X60 CM); BEARING TRUE DATE; DATE OF ORIGINAL SURVEY ON
NOVEMBER 20, 1987; DATE OF SUBDIVISION SURVEY ON AUGUST 6, 1989,
EXECUTED BY ENGR. JOSEPH K. WANG AND APPROVED ON JANUARY 11, 2011.
4.
That said deceased left no debts;
5.
That the net value of said estate is not more than TWO MILLION PESOS
(P2,000,000.00), subject to estate and inheritance taxes;
6.
That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto myself
the above described real estate by means of this affidavit and hereby files the same with the
Registry of Deeds of Baguio City, with the request that said adjudication be made effective
without judicial proceedings as prescribed by the aforementioned Rules of Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of April 2013, in
the City of Baguio, Philippines.
40
JUAN DE LA CRUZ JR.

Affiant
SUBSCRIBED AND SWORN TO before me in the City of Baguio on this 19 th day of
April 2013, affiant exhibiting before me his Government Issued ID No. 08061989 issued on
August 6, 2012 at Baguio City.
DINO T. PUBLIKO
Doc. No. 21
Page No. 4
Book No. 1
Series of 2013.
NOTARY PUBLIC
Roll No. 8689
Form 17b. Affidavit of Self-Adjudication
41

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF SELF-ADJUDICATION
I, GREGGY DEL PILAR, of legal age, Filipino, single and a resident of No. 123 Tacay
Road, Baguio City, Philippines, after having been duly sworn in accordance with law, do hereby
depose and say:
1. That I am the only daughter of GREGORY DEL PILAR who died intestate in Naguilian, Road,
Baguio City, on April 13, 2013 as evidenced by Death Certificate issued by the City of Baguio,
hereto attached as ANNEX A and made an integral part of this Affidavit;
2. That the said deceased left cash deposit in Bank of Philippine Islands, Inc., the amount of
P300,000.00;
3. That the said deceased left no debts;
4. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto myself the
above described real estate by means of this Affidavit and hereby files the same with the Register
of Deed of Baguio City with the request that the said adjudication be made effective without
judicial proceeding as prescribed by the aforementioned Rules of Court.
IN WITNESS WHEREOF, I have set my hand this 19 th day of April 2013 in the City
of Baguio, Philippines.
GREGGY DEL PILAR
Affiant
JURAT
Form 17c. Affidavit of Birth by Two Disinterested Persons
42
REPUBLIC OF THE PHILIPPINES )

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF BIRTH BY TWO DISINTERESTED PERSONS

We, PETER A. ANGELO and MARK A. VEN, both of legal age, single, Filipino
citizens and residents of No. 23 Honeymoon Road, Baguio City, and No. 43 Honeymoon Road,
Baguio City, Philippines respectively, after having been duly sworn to in accordance with law,
hereby depose and say:
1. That we personally know one JOSEPH K. WANG, the son of the late KOBE K.
WANG, and JOSEPHINE T. WANG, being our close friend and neighbor on the said
locality;
2. That we know for the fact that he had been known to have been born and had been
using as date of birth NOVEMBER 20, 1987 in all his records such as Baptismal
Certificate, Voters Registration, School Records, Marriage Certificate and practically in
all his legal transactions;
3. That upon securing a copy of his Certificate of Live Birth, both at the Local Civil
Registrar of Baguio City and the National Statistics Office, he found out that he has no
record in both agencies pertaining to his registration;
4. That we are executing this affidavit to the truth of the foregoing statements that
JOSEPH K. WANG was born on NOVEMBER 20, 1987 explaining that the fact of his
birth was not registered and establishing the fact that his true and real birth date is
NOVEMBER 20, 1987 and for all legal purpose and intents it may deem serve.
IN WITNESS WHEREOF, we hereunto affix our signatures this 19 th day of April 2013
in the City of Baguio, Philippines.
PETER A. ANGELO
Affiant
MARK A. VEN
Affiant
JURAT
Form 17d. Affidavit of Consent for Travel of a Minor Abroad

CITY OF BAGUIO
) S.S.
43
AFFIDAVIT OF CONSENT FOR TRAVEL OF A MINOR ABROAD

We, spouses JOHN L. APIL and SALOU A. APIL, both of legal age, Filipino citizens
and residing at #44 Honeymoon Road, Baguio City, after having been duly sworn to according to
law, hereby depose and state:
1.
That we are the legitimate parents of PETER DWAYNE A. APIL, who is 17
years old;
2.
That our above-named son is scheduled to leave for South Korea on April 20,
2013 for about a week vacation with our mother who resides at #4 Mo Ses, Mt. C. Nai
Towers, Seoul, South Korea;
3.
That since our said son is traveling alone and is still a minor; we hereby give our
consent freely and voluntarily for him to travel to South Korea on said date;
4.
That while in South Korea, our mother will shoulder his expenses during his stay
thereat, while we are responsible for his round trip ticket fare from Manila to Seoul,
Korea and we guarantee that he will not be a public charge and will comply with all the
laws and rules and regulations imposed upon transient visitors in South Korea;
5.
That we are executing this affidavit in order to attest to the truth of the foregoing
circumstances and for the purpose of giving our parental consent to our son on account
of his trip to South Korea next week.
IN WITNESS WHEREOF, we have hereunto set our hand this 19th day of April, 2013
JOHN L. APIL
Affiant
SALOU A. APIL
Affiant
JURAT
Form 17e. Affidavit of Desistance

*Note the addition of Certification by the Prosecutor.
CITY OF BAGUIO
) S.S.
AFFIDAVIT OF DESISTANCE
44
I, UMA A. YAWNA of legal age, single and with residence address at #44 Honeymoon
Road, Baguio City, after having been duly sworn to according to law, hereby deposes and states:
1. That I am the complainant in the criminal case filed against CONTRA B.
DA, which is recorded as Case No. 2920 before the Prosecutors Office of the City of
Baguio for grave threats;
2. That after mulling over the incident for some time and thinking that it was
just a case of misunderstanding between me and my neighbor, I have decided to
withdraw my accusations against CONTRA B. DA;
3.
That I have executed this affidavit in order to attest to the truth of the
foregoing circumstances and that my desistance to pursue said case is of my own free
will and volition and that there was no coercion or consideration that took place for me
to make such decision.
IN WITNESS WHEREOF, I have set hereunto my signature this 19 th day of April,
2013 in the City of Baguio, Philippines.
UMA A. YAWNA
Affiant
CERTIFICATION
This is to certify that I have personally examined the affiant and I am convinced that he
voluntarily executed his statement and understood the contents thereof.
DWAYNE A. ANGELO
Public Prosecutor
JURAT
Form 17f-i. Affidavit of Discrepancy (Date of Birth)
CITY OF BAGUIO
) S.S.
AFFIDAVIT OF DISCREPANCY
I, AUDREY A. JAHN III, of legal age, single, Filipino and a resident of #44
45
Honeymoon Road, Baguio City, Philippines, having been duly sworn in accordance with law,
hereby depose and state:
1.
That in my Certificate of Live Birth as recorded in the Office of the Civil Registrar of
Baguio City, Philippines and Secondary Student Permanent Record at Baguio City
National High School, it is stated that I was born on 6 August 1989 at Honeymoon
Road, Baguio City, Philippines;
2.
That my relatives, acting on the honest belief that I was born on 6 August
1988, had used 6 August 1988 as my birth date in all pertinent school records when
they processed my enrollment at the University of the Cordilleras in Baguio City;
3.
That when I filled up my voters registration record required by the

Commission on Election last May 2010, I had inadvertently and erroneously written
the date of my birth as 6 August 1988 instead of 6 August 1989;
4.
That I am executing this Affidavit of Discrepancy to attest to the truth of the
foregoing facts and to explain the discrepancy in my Certificates of Live Birth,
Secondary Student Permanent Record, Transcript of Records and Voter Registration
Form as regards to my date of birth;
5.
Further, I am declaring that from this date hereon I would be using my true and
correct date of birth of 6 August 1989 in all my papers, records and other documents.
IN WITNESS WHEREOF, I have set hereunto my signature this 19 th day of April

AUDREY A. JAHN III

Affiant
JURAT
Form 17f-ii. Affidavit of Discrepancy (Date of Marriage of Parents)

CITY OF BAGUIO
) S.S.
I, APOLINAIRE MABINI III, of legal age, Filipino, single and a resident of No. 44,
46
1. That I was born to the spouses APOLINAIRE MABINI Jr., and APOLINARIA
MABINI on August 6, 1989 in Baguio City, Philippines as evidenced by the Certificate of Live
Birth issued by the City Civil Registrar of the City of Baguio;
2. That however, in the said Certificate of Live Birth, the date of marriage of my parents
was erroneously written as August 9, 1987 instead of the true and correct date August
6, 1987 as evidenced by the Certificate of Marriage of my parents issued by the City Civil
Registrar of the City of Baguio, hereto attached as Annex "A";
3. That said discrepancy in my Certificate of Live Birth was an error done inadvertently;
4. That I execute this Affidavit of Discrepancy to attest to the truth of the foregoing
facts.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of April 2013 in
APOLINAIRE MABINI III
Affiant
JURAT
Form 17f-iii. Affidavit of Discrepancy (Middle Name)

CITY OF BAGUIO
) S.S.
I, DIEGO T. SILANG III, of legal age, single, Filipino and a resident of #44
47
1. That I am the child of spouses DIEGO L. SILANG Jr. and GABBIE T. SILANG;
2. That in my Certificate of Live Birth as recorded in the Office of the Civil Registrar of
Baguio City, Philippines, my middle name was erroneously written as "TORRE"
instead of my true and correct middle name of "TORPE";
3. That my true middle name TORPE is the maiden name of my mother;
4.
That since childhood, I had been using the name DIEGO TORPE SILANG III
particularly in my scholastic records, transaction documents and in all my
identification cards;
5. That the names DIEGO TORPE SILANG III and DIEGO TORRE SILANG
III refer to one and the same person;
5. That I am executing this affidavit to attest to the truth of the foregoing facts and to
clarify the discrepancy between the name in my Certificate of Live Birth and in my
scholastic records in support of my application for the Nurses Licensure Exam this
June 2013; and
6. I am further executing this affidavit for all legal intents it may serve.
IN WITNESS WHEREOF, I have hereunto set my hands this 19th day of April 2013 in
DIEGO T. SILANG III
Affiant
JURAT
Form 17f-iv. Affidavit of Discrepancy (Surname/Family Name)

CITY OF BAGUIO
) S.S.
I, PAMELA MALI, of legal age, Filipino, married and a resident of No. 44, Honeymoon
48
Road, Baguio City, Philippines, having been duly sworn in accordance with law, hereby depose
and state:
1. That on December, 2012, I was issued a Philippine Passport with passport number PP12345 in which my true surname MALI was stated;
2. That before the expiration of the aforementioned passport on April 9, 2013, I had
applied with Philippine Embassy in Manila for the issuance of a new passport and on April 9, 2013,
I was issued a new Philippine passport with Passport No. PP-56789;
3. However, in the said new passport my surname had been erroneously misspelled as
MALE;
4. That I execute this Affidavit of Discrepancy to attest to the truth of the foregoing
facts and to explain the discrepancy, from MALI to MALE, of my surname in my
Philippine Passport.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day of April 2013 in
PAMELA MALI
Affiant
JURAT
17g. Affidavit of Guardianship

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF GUARDIANSHIP
I, DIEGO C. LANG, of legal age, widower, and residing at No. 44 Honeymoon Road,
49
Baguio City, Philippines, after having been duly sworn to in accordance with law, hereby depose
and state:
1. That I am the father of my daughter GABIE A. LANG by my deceased wife,
GABRIELA C. LANG, who died on February 20, 2013;
2. That by reason of the death of my above-named wife, I henceforth become the father and
guardian of my said daughter as she is still a minor having been born on March 2, 2008;
3. That I am executing this affidavit in order to attest to the truth of the foregoing
circumstances and for the purpose of securing an educational insurance for my said
daughter in my capacity as her guardian.
DIEGO C. LANG
Affiant
JURAT
Form 17h. Form Affidavit of Illegitimacy

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF ILLEGITIMACY
I, MANNY L. QUEZON, of legal age, married, Filipino Citizen and resident of # 40
50
Honeymoon Road, Baguio City, after having duly sworn accordance with law do hereby depose
and say:
1. That I am the biological father of NOELLE URORA who was born out of wedlock on
May 2, 2008 at Baguio City;
2. That NOELLE URORA is the daughter of MARIA A. URORA;
3. That I am executing this affidavit to attest to the truth of the foregoing statements
and for all intents it may deem serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 19 th day of April
MANNY L. QUEZON
Affiant
JURAT
Form 17i. Affidavit of Legitimation

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF LEGITIMATION
51
I, JUAN F. CRUZ and JUANA DELA-CRUZ, spouses of legal ages, Filipino citizens,
and residents of No. 44 Honeymoon Road, Baguio City, Philippines, having been duly sworn in
accordance with law, hereby depose and state:
1.
That we are the biological parents of JUJUAN DELA who was born on
May 28, 2012, and the fact of his birth could be proved by his Certificate of Live Birth
which copy is attached as Annex A and made an integral part of this joint affidavit;
2.
That on the date of his birth at the Baguio General Hospital, Baguio City
on May 28, 2012, we have not yet contracted our marriage; hence, his name was
registered as JUJUAN DELA in the Local Civil Registry (LCR) of Baguio City;
3.
That on April 9, 2013, we contracted our marriage in Magsaysay, Baguio
City as evidenced by our Marriage Certificate hereto attached as Annex B;
4.
That being the biological parents of JUJUAN DELA, we hereby
recognize him as our legitimate son;
5.
That we are executing this affidavit to attest to the truth of all the
foregoing recitals for all legal intents and purposes, as well as to request the LCR of
Baguio City to cause the necessary correction in the Certificate of Live birth of our
son JUJUAN DELA adopting the family name CRUZ .
IN WITNESS WHEREOF, we have hereunto set our hands this 19th day of April 2013
JUAN F. CRUZ
Affiant
JUANA DELA-CRUZ
Affiant
JURAT
Form 17i-i. Affidavit of Loss (Passport)

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF LOSS
52
I, EMILY O. JACINTO, of legal age, Filipino, single and a resident of No. 44

Honeymoon Road, Baguio City, Philippines, after having been duly sworn in accordance with
law, hereby depose and state:
1. That on April 9, 2013 I was issued a Philippine Passport by the Department of
Foreign Affairs in Baguio City;
2. That on the same day, I left my envelope, containing the said passport, in the waiting
area of the said agency and realized that it was lost;
3. That despite diligent search and efforts to locate the said passport, I could not find
the same such that I now believe that it is now lost beyond recovery;
4. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing
and to support the application for the issuance of new one in lieu of the one which was
lost.
IN WITNESS WHEREOF, I have set hereunto my signature this 19th day of April
EMILY O. JACINTO
Affiant
JURAT
Form 17i-ii. Affidavit of Loss (Personal Property)

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF LOSS
53
I, THEODORE A. LONZO, of legal age, Filipino, single and a resident of No. 44

1. That I am the owner of a Nokia cell phone model 2600c with unit number
0262164121 under account number 11201987;
2. That on the 9th day of April 2013, with a number of books and packages I was carrying
while getting out of my car, my said cell phone must have slipped from my pocket because upon
arrival at my office, I hurriedly tried to get my said cell phone from my pocket but the said
cellphone was not there anymore;
3. That after diligent search inside my car and the stairs and elevator used going up my
office; my said cell phone was nowhere to be found;
4. That I am executing this affidavit in order to attest to the truth of the foregoing
circumstances and for the purpose of reporting the loss to the Globe business center.
THEODORE A. LONZO
Affiant
JURAT
Form 17j. Affidavit of Non-Operation of Business

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF NON-OPERATION OF BUSINESS

54
I, PEDRO KADANGYAN, of legal age, Filipino, married and a resident of No. 44,
1. That I am the President of GAYABA GROUP OF COMPANIES, a corporation duly
organized and existing under the laws of the Philippines with principal office at #18
Bagayo Bldg., Session Rd., Baguio City;
2. That said corporation was incorporated on October 7, 1982 and acquired by the
undersigned with the purchase of its corporate property in the above address sometime
on June 2012 but has not yet commenced its operation in view of the slump in the real
estate industry in the country;
3. That the stockholders and directors of the corporation are contemplating on reviving
its operation in the near future when the opportune time comes;
4. That this affidavit is being executed in order to attest to the truth of the foregoing
circumstances and for the purpose of complying with the reportorial requirements of the
Securities and Exchange Commission.
PEDRO KADANGYAN
Affiant
JURAT
Form 17k. Affidavit of Non-Tenancy
CITY OF BAGUIO
) S.S.
AFFIDAVIT OF NON-TENANCY
I, NANCY REYES, of legal age, single, Filipino Citizen and a resident of # 44
Honeymoon Road, Baguio City, after having been duly sworn to in accordance with law hereby
depose and say:
1. That I am the owner of several parcels of land located at Buyagan, La Trinidad, Benguet
more particularly described as follows;
55
A parcel of vegetable land located at Buyagan, La Trinidad, Benguet bounded on the

North by Audrey A. Jahn; on the East by Peter A. Angelo; and on the West by Dwayne
A. Apil; Containing an area of THREE THOUSAND FIVE HUNDRED FOURTEEN
SQUARE METERS, covered by TAX DECLARATION N0; 00-0695A; ARP No-000033.
2. That said parcels of land are not tenanted but are owner cultivated and not covered
under Operation Land Transfer;
3. That I am executing this Affidavit to attest to the truth of the foregoing statements.
IN WITNESS WHEREOF, I have set hereunto my signature this 19 th day of April
NANCY REYES
Affiant
JURAT
Form 17l. Affidavit of Transferee

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF TRANSFEREE
I, JUAN DELA CRUZ, single, of legal age, Filipino citizen and a resident of No. 44
Honeymoon Road, Baguio City, Philippines, after having been sworn to in accordance with law
do hereby depose and state that:
1. My total aggregate landholdings, including the parcel of land containing a land area of
ONE HUNDRED FIFTY SQUARE METERS, located at Km 3, La Trinidad, Benguet, that I
acquired from BEN ALANGSAB, thru a Deed of Absolute Sale of a Registered Land covered by
56
Doc. No. 50; Page No. 10; Book No. I; Series of 2011 of the Notarial Registry of Atty. PETER
DWAYNE A. ANGELO of Baguio City, Philippines, dated March 31, 2013, does not exceed FIVE
hectares;
2. That I am executing this affidavit in compliance with Department of Agrarian Reforms
Administrative Order No. 1-89, as well as to show proof that my total aggregate land holdings,
including the portion of land I acquired from BEN ALANGSAB, does not exceed five hectares;
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day of April, in the
City of Baguio, Philippines.
JUAN DELA CRUZ

Affiant
JURAT
Form 17m. Affidavit of Transferor

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF TRANSFEROR
I, BEN ALANGSAB, single, of legal age, Filipino citizen and a resident of 32 Happy
Homes, Baguio City, after having been sworn to in accordance with law do hereby depose and
state that:
1. My total aggregate landholdings, including that parcel of land containing a land area
of ONE HUNDRED FIFTY SQUARE METERS, located at Km 3, La Trinidad, Benguet, that I
sold to JUAN DELA CRUZ, thru a Deed of Absolute Sale of a Registered Land covered by Doc.
No. 50; Page No. 10; Book No. I; Series of 2011 of the Notarial Registry of Atty. PETER
57
DWAYNE A. ANGELO of Baguio City, Philippines, dated March 31, 2013, does not exceed FIVE
hectares;
2. I am executing this affidavit in compliance with Department of Agrarian Reforms
Administrative Order no. 1-89, as well as to show proof that my total aggregate land holdings,
including the portion of land I sold to JUAN DELA CRUZ does not exceed five hectares;
IN WITNESS WHEREOF, I have hereunto set my hands this 19 th day of April 2013, in
BEN ALANGSAB
Affiant
JURAT
Form 17n. Affidavit of Ownership with Undertaking

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF OWNERSHIP WITH UNDERTAKING

I, JUANA DELA CRUZ, of legal age, Filipino, single and a resident of # 44 Honeymoon
Road, Baguio City after having been duly sworn to in accordance with law hereby depose and say
that:
1. I am the absolute and legal owner of a GSM handset described as follows:
Make/Model: NOKIA 2600C Black
International Mobile Equipment Identification (IMEI):
58
354350003717668l
2. That on March 7, 2013, I executed an Affidavit of Ownership and Loss with Undertaking
and filed the same with the National Telecommunication Commission to authorize said
commission and all CMTS to block the said GSM handset for the reason that said cellular
phone was stolen from me by unidentified person/s;
3. However, on April 9, 2013, I was able to retrieve the said GSM handset through a
common friend;
4.
I hereby request/authorize the National Telecommunication Commission and all CMTS

carriers to unblock the said GSM Handset;
5.
I hereby undertake to hold free from any responsibility or shall not hold NTC and the
above-mentioned carriers liable for whatever claims, loss or damages or any party may
institute by reason of NTCs action to unblock the afore-mentioned unit;
6. In support of this request and as proof of my ownership of said cell phone unit, I
attached hereto a photocopy of the following documents:
A. Social Security System Identification Card Number 1213
B. Professional Drivers License No. 0528
C. Employment Identification Card
D. Police Report
7. I am executing this affidavit to attest to the truth of the foregoing facts.
IN WITNESS WHEREOF, I have set hereunto my signature this 19th day of April 2013 in
JUANA DELA CRUZ

Affiant
JURAT
59
Form 17o. Affidavit of Ownership of Personal Properties for Contract of

Pledge
CITY OF BAGUIO
) S.S.
AFFIDAVIT OF OWNERSHIP OF PERSONAL PROPERTIES

FOR CONTRACT OF PLEDGE
I, LUIS A. REYES, of legal age, Filipino, single and a resident of No. 44 Honeymoon
and state:
1. I am the absolute and legal owner of a tablet described as follows:
Make/Model: SAMSUNG GALAXY Silver
International Mobile Equipment Identification (IMEI): 354350003717668l
2. That I intend to deliver the said personal property as a collateral to secure the loan
that I am applying for from Gayaba Lending Corporation;
60
3. That I hereby warrant title and ownership over the above-mentioned personal
property and I will defend the possession of the Pledge from eviction;
4. That I execute this Affidavit of Ownership to attest to the truth of the aforementioned
facts and in support of my application for a loan and for any other legal purposes that
this Affidavit could serve.
LUIS A. REYES
Affiant
JURAT
Form17p. Affidavit of Publication

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF PUBLICATION
I, JUAN E. ENRILE, of legal age, Filipino, single and a resident of No. 44 Honeymoon
and state:
1.
That I am the Classified Ads Manager of the Gayaba Publishing,

publisher of the Bagayo Courier which is being published daily in English, of general
circulation with editorial and business address at Fourth Fr., Gayaba Building, Session
Road, Baguio City, Philippines;
2.
That at the order of Josef K. Wang, Extrajudicial Settlement of Estate of

the late Alapon K. Wang dated March 20, 2013 was published in this newspaper in its
61
issues for March;

3.
That I execute this Affidavit of Publication to attest to the truth of the
aforementioned facts and for any other legal purposes that this Affidavit could serve.
JUAN E. ENRILE
Affiant
JURAT
Form 17r. Affidavit of Support

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF SUPPORT
I, JUAN D. CRUZ, of legal age, Filipino, single and a resident of No. 44 Honeymoon
and state:
1. I know the person of JUANA B. REYES and that I acknowledge the baby she is presently
carrying is mine;
2. Because of this , I pledge to provide financial support to JUANA B. REYES during her entire
pregnancy the amount of Ten Thousand Pesos (Php 10,000.00) monthly and until she gives
birth;
62
3. Should the needs of the baby increase and should my means improve, I promise to increase
the amount of financial support subject to another agreement which I and JUANA B. REYES
shall enter into in the future;
4.
I am executing this affidavit to attest to the foregoing facts and for whatever legal intent
and purpose this may serve.
JUAN D. CRUZ
Affiant
JURAT
Form 17s. Affidavit of Transfer

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF TRANSFER
I, PETER D. WAYNE, of legal age, Filipino, single and a resident of No. 44,
1. That I am a registered holder/possessor of a flat located in Greenhills, San
Juan and an owner of the improvements such as the electricity installed in the said flat;
2. That I am now transferring all my rights over the said flat and on the
electricity to my nephew MARK K. VENTURA who is working at Gayaba Group of
Companies;
63
3. That I am executing this Affidavit to attest to the truth of the foregoing

statements for the purpose of requesting the office concern for the transfer of the said
flat including the electricity installed therein from my name to MARK K. VENTURA
and for all legal intents it may serve;
PETER D. WAYNE
Affiant
JURAT
Form 17t. Affidavit of Warranty

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF WARRANTY
I, WARREN N. TY, of legal age, single and residing at No. 44 Honeymoon Road,
Baguio City, Philippines, after having been duly sworn to according to law hereby depose and
state:
1. That I am the actual buyer of the motor vehicle which is specifically described as
follows:
MAKE: Nissan
MODEL: 3000 Intercooler
MOTOR NO. 121859
64
TYPE: 4x4 Patrol

COLOR: White
CHASSIS NO. 041959
2. That the fact of purchase is evidenced by a Deed of Sale of Motor Vehicle dated April 9,
2013 whereby Mr. Peter D. Wayne is the vendor and I am the vendee as entered in the
notarial register of Notary Public Audrey A. Angelo , as Doc. No. 150; Page No. : 25, Book
No. 28: and Series of 2013, a copy of said Deed of Sale is hereto attached for reference;
3. That I hereby attest to the authenticity of said Deed of Sale and the genuineness of the
transaction and in furtherance thereof, I hereby release the officers and staff of the Land
Transportation Office from any liability which may occur in the event that there is any
flaw or legal infirmities in said transaction;
4. That I am executing this affidavit in order to attest the veracity of the foregoing
circumstances and as a warranty on the authenticity and genuineness of the above
mentioned transaction.
IN WITNESS WHEREOF, I have set hereunto my signature this 19 th day of April 2013
WARREN N. TY
Affiant
JURAT
Form 17u. Affidavit of Withdrawal

CITY OF BAGUIO
) S.S.
AFFIDAVIT OF WITHDRAWAL
I, EDGAR D. ANGARA, of legal age, Filipino, married and a resident of Angquin
Aurora, La Trinidad, Benguet, Philippines, having been duly sworn in accordance with law,
1. That I filed my candidacy for Governor in the Province of Benguet for this coming
Local Election to be held on May 6, 2013;
2. That my Certificate of Candidacy was duly admitted by the Commission on Election,
Benguet;
3. That since I had changed my plan and not to run as Governor due to the constant
65
tension and stress it had caused me and my family, I am now withdrawing my candidacy
for the office of Governor;
4. That I am executing this Affidavit of Withdrawal for the purpose of signifying my
intention of withdrawing from the position I am running for and for all legal intents it
may serve.
IN WITNESS WHEREOF, I hereunto affix my signature this 19 th day of April 2013 in
the Municipality of La Trinidad, Province of Benguet, Philippines.
EDGAR D. ANGARA
Affiant
JURAT
DEEDS AND CONTRACTS

A deed is a legal instrument used to grant a right. Deeds are part of the broader
category of documents under seal. Deeds can be described as contract-like as they
require the mutual agreement of more than one person. It is likewise defined as a sealed
instrument, containing a contract or covenant, delivered by the party to be bound
thereby, and accepted by the party to whom the contract or covenant runs. 64
Unilateral Deed/ Contract

In here, the vendee assumes no obligation and there is no need for the vendee or
the other party to sign the deed/contract or for an acknowledgment thereof.
Bilateral Deed/Contract
The vendee is obliged to do something in this type of document. Furthermore, the
vendee or the other party must sign both the deed and the acknowledgment.
Note that a Deed of Sale suggests the following actions: sell, transfer and convey. In case
of pacto de retro sale, such fact must be stated with the operative words Repurchase and Resell.
64
Blacks Law Dictionary
66
In Deed of Assignment, assign, transfer and convey are being intended while in Deed of
Donation; it is cede, transfer, and convey. Deed of Donation involves a transfer for and in
consideration of love and affection.65
Parts of a Typical Deed

1.
2.
3.
4.
5.
6.
7.
8.
Title
Announcement
Party One
Consideration
Act or Conveyance
Party Two
Signature
Acknowledgment
IMPORTANT REQUIREMENTS FOR SPECIFIC DEEDS

Deed of Sale
The property subject to disposition must be stated in its particularity. Also, if
vendor is married, marital consent must be secured; thus, the Deed must also indicate
such consent.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this 19 th day of
April 2013 in the City of Baguio, Philippines.
NANDO B. BANTA
Vendor
BUMBY B. ANDRES
Vendee
With my consent:
NANCY B. BANTA
65
67
Vendors Wife
Form 18. Marital consent in a deed of sale
Chattel Mortgage
The deed must contain an affidavit of good faith; 66 otherwise, the deed is
unenforceable against third persons.67
AFFIDAVIT OF GOOD FAITH
The parties severally swear that JOSH E. RIZAL, mortgagor, and ANDRE S.
BONIFACIO, mortgagee, have executed the foregoing Chattel Mortgage in order to guarantee as
good and binding the obligations mentioned above and is not intended to defraud creditors.
JOSH E.RIZAL
Mortgagor
ANDR S. BONIFACIO
Mortgagee
Form 19. Affidavit of good faith
66
67
Sec 5, Chattel Mortgage Law

Philippine Refining Co Inc. v. Jarque GR L-41506, March 25, 1935
68
Form 20a-i. Absolute deed of sale of a registered land
69
ABSOLUTE DEED OF SALE OF A REGISTERED LAND
KNOW ALL MEN BY THESE PRESENTS:

I, RENATO MANA-A, single, of legal age, Filipino Citizen, with residence and
postal address at No. 51-A Palma St., 1st Road, Baguio City, Philippines, who is the registered
owner of the parcel of land covered and embraced by Transfer Certificate of Title No. T-59757,
herein referred to as the VENDOR, for and in consideration of the amount of THREE
HUNDRED THOUSAND (Php.300,000.00) PESOS, Philippine currency, and other
valuable considerations, receipt of which is hereby acknowledged from SHERLYN PAQUIT,
of legal age, single, Filipino Citizen, a resident of 44 Honeymoon Road, Baguio City, Philippines
and herein referred to as the VENDEE, hereby SELL, CEDE, CONVEY and TRANSFER,
as I have SOLD, CEDED, CONVEYED AND TRANSFERRED, unto the said VENDEES,
their heirs and assigns, that parcel of land situated at Holyghost Extension, Baguio City and
which is more particularly described, to wit:
TRANSFER CERTIFICATE OF TITLE
NO. T-59757
A parcel of land of Lot 13-E, Psd-CAR-011245 being a portion of Lot 13, (LRC) Pcs5425, urban Code of 131110, Barangay Holyghost Extension, City of Baguio, Island
of Luzon. Bounded on the N., along line 1-2 by Lot 12, (LRC) Pcs-5425; on the NE.,
along line 2-3 by Lot 13-F; on the SE., along line 3-4 by Lot 13-H (Alley 1.00 m.
wide), on the SW., along line 4-1 by Lot 13-D, all of both of the subdivision plan.
Beginning at the point marked 1 on plan being N. 10 deg. 23 W., 1648.72 m.
from Triangulation Station La Trinidad Baguio Townsite, to corner 1, thence;
N. 84 deg. 53 E., 06.15 m.
S. 09 deg. 05 E., 23.57 m.
S. 68 deg. 37 W., 06.28 m.
N. 09 deg. 05 E., 25.33 m.
beginning;
to point 2;
to point 3;
to point 4;
to point of
Containing an area of ONE HUNDRED FIFTY (150) SQUARE METERS

more or less. All corners are indicated on the plan and are marked on the ground
by P.S. Cyl. Conc. Mons. 15 x 40 cms. Bearings True; Date of original survey: 1915
Date of Subdivision Survey: November 18, 2003 executed by Engineer Reynaldo
M. David and was approved on February 22, 2005.
of which I am the absolute owner.
WHEREAS, I hereby warrant the peaceful possession and ownership by the VENDEE,
her heirs and assigns, of the said land and shall defend them against any adverse claimants
70
whatsoever;
WHEREAS, I hereby warrant that the said parcel of land is free from any
encumbrance except that which appears in the title if any;
WHEREAS, we hereby agreed to register this instrument in accordance with the
provisions of Art. 1623 of the New Civil Code of the Philippines;
RENATO MANA-A
Vendor
SHERLYN PAQUIT
Vendee
SIGNED IN THE PRESENCE OF:
LAARNI ARROYO
HAIL BUSAL
ACKNOWLEDGMENT
Form 20a-ii. Absolute Deed of Sale of Motor Vehicle
71
ABSOLUTE DEED OF SALE OF MOTOR VEHICLE
This DEED of ABSOLUTE SALE of MOTOR VEHICLE made and executed by and
between:
GLORY PEARL AMWAO, of legal age, single, Filipino Citizen, and a resident of 44
Honeymoon Road, Baguio City herein referred to as the VENDOR;
and
KARINA GRAILE HUMIDING, of legal age, single, Filipino Citizen, and a resident of
Pucsusan, Minesview, Baguio, City, Philippines, herein referred to as the VENDEE;
WITNESSETH:
WHEREAS, the herein VENDOR, is the absolute owner of a motor vehicle by virtue of
that Deed of Donation of a Motor Vehicle dated April 9, 2013 entered in the Notarial Registry of
Atty. Elvis Gabat as Document No. 51, Page No. 33, Book No. 32, Series of 2013 which is more
particularly described as follows, to wit:
MOTORVEHICLE
Make: Isuzu 6RB1
Type: Cargo w/
stakebody
Plate No. ULM 523
Chassis No. CYM502000001
File No. 1312-11292
Model:
Motor No. 6RB1113166
Color: white/red
The VENDOR hereby warrants that the above-described motor vehicle is free from any,
72
defects, lien or encumbrance and that he will defend the title and rights of the VENDEE from
any claims of whatever kind or nature from third persons.
WHEREAS, for and in consideration of the mutual agreement, covenant and
understanding, the VENDOR herein by these presents, do hereby offer, as he did hereby
offered, for sale the above-described motor vehicle in the amount of FOUR HUNDRED
THIRTY THOUSAND (Php. 430,000.00) PESOS paid in hand by the VENDEE;
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 19th
day of April 2013 in Baguio City, Philippines.
GLORY PEARL AMWAO

Vendor
KARINA GRAILE HUMIDING

Vendee
JANET BANIQUED
ABIGAIL SARANDI
ACKNOWLEDGMENT
Form 20a-iii. Absolute Deed of Sale of an Unregistered Land
73
ABSOLUTE DEED OF SALE OF AN UNREGISTERED LAND
That I, HAIL BUSAL, of legal age, single, Filipino Citizen and with residence and
postal address at 45 Honeymoon Road, Baguio City, Philippines and herein referred to as the
VENDOR, for and in consideration of the amount of TWO HUNDRED THOUSAND (Php.
200,000.00) PESOS, Philippine Currency, hereby SELL, CEDE, CONVEY and
TRANSFER, as I have SOLD, CEDED, CONVEYED and TRANSFERRED to JORDAN
PALINGPINGAN, likewise of legal age, married, Filipino Citizen with postal address at
Natubleng, Buguias, Benguet, Philippines, his heirs and assigns and herein referred to as the
VENDEE, a THIRTY ONE THOUSAND ONE HUNDRED FOUR (31,104) SQUARE
METERS situated at Ambiong, Baguio City covered by Declaration of Real Property with
ARP No. 99-013-00729 of which I am the absolute owner and herein particularly described
as follows:
DECLARATION OF REAL PROPERTY WITH ARP No. 99-013-00729

NORTH: Gunther Tomas; SOUTH: Valissa Polig EAST: Florence Lamen;
WEST: Manuel Kalang-ad; AREA: 31,104 ha. ;ASSESSED VALUE: P19,930.00
I, as the VENDOR, warrant that the above-described portion of the said parcel of land
is free from any liens and/or encumbrances except that which appears, if any, in the Declaration
of Real Property;
The provision of Article 1623 of the New Civil Code of the Philippines has been complied
with;
This contract shall be binding and enforceable upon the heirs, assigns and the successors
of the parties herein.
HAIL BUSAL
Vendor
JORDAN PALINGPINGAN
Vendee
74
WILLIAM CLAVER
JAKE BASILAN
ACKNOWLEDGMENT
Form 20b-i. Conditional Deed of Sale of a Portion of an Unregistered Land
75
CONDITIONAL DEED OF SALE OF A PORTION OF AN UNREGISTERED

LAND
This CONDITIONAL DEED of SALE of a PORTION of AN UNREGISTERED

LAND made and executed by and between:
BEAUREGARD WANASEN, of legal age, single, Filipino Citizen, with residence at 53
Honeymoon Road, Baguio City, Philippines, herein referred to as the VENDOR;
and
MIKE BURTON PONGAS, of legal age, single with residence at 142 San Carlos
Extension, Baguio City, Philippines, herein referred to as the VENDEE.
WITNESSETH:
WHEREAS, the VENDOR is the owner of a parcel of land with an area of SEVEN
HUNDRED THREE SQAURE METERS situated at Honeymoon Road, Baguio City,
Philippines, covered by a tax declaration with Assessment of Real Property (ARP) No. 99002-01956, specifically described as follows:
ASSESSMENT OF REAL PROPERTY (ARP) No. 99-002-01956

Area: SEVEN HUNDRED THREE (703 Sq. M.) SQUARE METERS
Kind: CAMOTAL
BOUNDARIES:
North: SECTION 04
East: BARANGAY ROAD
South: 017
West: SECTION 06
WHEREAS, for and in consideration of the sum of ONE HUNDRED FIFTY

THOUSAND (Php. 150,000.00) PESOS, Philippine Currency, the VENDOR hereby
SELL, TRANSFER, and CONVEY unto the said VENDEE, his heirs and assigns by way of
CONDITIONAL SALE 703 sq. m. of the above-described parcel of land under the following
terms and condition, to wit:
76
1. The VENDEE shall give an advance payment in the amount of SEVENTY

THOUSAND (Php. 70, 000.00) PESOS IN CASH as advance payment;
2. The remaining balance in the amount of EIGHTY THOUSAND (Php. 80,000.00)
PESOS shall be paid with in an installment basis;
3. Upon acceptance of the advance payment, the VENDOR shall allow the VENDEE to
enter into the premises of the said parcel of land and introduce any improvement
thereon including building of a house;
4. The transfer to the VENDEE of the absolute ownership over the said portion (SEVEN
HUNDRED THREE (703)sq. m.) of the said parcel of land and the transfer to their
names shall be made upon FULL PAYMENT of the agreed consideration;
WHEREAS, it is further agreed that the said portion of said parcel of land shall not be
SOLD, MORTGAGED or ENCUMBERED to any third person without the written consent of
the VENDEE;
WHEREAS, failure by the VENDOR to comply with his obligations herein set-forth shall
oblige him to return to the VENDEE the amount of the advance payment/s made plus legal
interests;
WHEREAS, the VENDOR warrants that the above-described parcel of Land is free from
any lien and/or encumbrance;
FINALLY, this contract shall be binding and enforceable upon the heirs, assigns and
the successors of the parties herein.
day of April 2013 in the City of Baguio, Philippines.
BEAUREGARD WANASEN
Vendor
MIKE BURTON PONGAS

Vendee
AARON KIAT-ONG
DARYLL LOBCHOY
ACKNOWLEDGMENT
77
Form 20b-ii. Conditional Deed of Sale of a Registered Land
CONDITIONAL DEED OF SALE OF A REGISTERED LAND

This DEED OF CONDITIONAL SALE, made and entered into by and between:
MANUEL PACIO, married to WIFE PACIO, of legal age, Filipino Citizen, with
residence and postal address at #41 Upper Engineers Hill, Baguio City, Philippines, hereinafter
referred to as the VENDOR;
-andEMERSON APIDCHOR, single, of legal age, Filipino citizen, with residence and postal
address at #13 East Bayan Park, Aurora Hill, Baguio City, hereinafter referred to as the
VENDEE;
W ITNESSETH:
WHEREAS, the VENDOR is the absolute owner, in fee simple of that certain parcel of
land located in Loakan, Baguio City, covered by Transfer Certificate of Title No. T-18338,
more particularly described as follows:
A parcel of land (Lot 2-A-6-C, of the subdivision plan, (LRC) Psd-47132,
being a portion of Lot 2-A-6, described on plan, (LRC) Psd-11998, LRC (GLRO)
Rec. No. Civil Res. No. 211), situated in the Barrio of Res. Sec. J, City of
Baguio, Bounded on the N., points 2 to 3, by Lot 2-A-5, (LRC) Psd-11998; on the
E., points 3 to 4, by Lot 2-A-7, Psd-11998; on the SE., points 4 to 1, by Lot 2-A-6A of the subdivision plan; and on the W; points 1 to 2, by Lot 2-A-6-B, of the
subdivision plan. Beginning at a point marked 1 on plan, being N. 68 deg. 38
E., 715.59 m. from Triangulation Station, Worcester, Baguio Townsite xxx.
Containing an area of FIVE HUNDRED EIGHTY FIVE (585) SQUARE
METERS, more or less.
WHEREAS, the VENDOR has agreed to sell unto and in favor of the VENDEE, and the
VENDEE is willing and/or agreeable to buy from the VENDOR, its ownership, rights and
interest a portion of the above-described land with an area of THREE HUNDRED FIFTY
78
TWO (352) SQUARE METERS with a total consideration of TWO MILLION TWO
HUNDRED EIGHTY EIGHT THOUSAND PESOS (Php2,288,000.00), Philippine
Currency, under the terms and conditions provided hereunder;
Now, therefore, for and in consideration of the foregoing, they do hereby agree as
follows:
1. That upon signing of this Conditional Deed of Sale, the VENDEE shall pay ONE
MILLION TWO HUNDRED THOUSAND PESOS (Php1,200,000.00), as
downpayment;
2. That the balance of ONE MILLION EIGHTY-EIGHT THOUSAND PESOS
(Php1,088,000.00) shall be paid through Philippine National Bank Loan, Session
Road Branch on or before sixty (60) days, or until June 19, 2013, from the execution of
this Conditional Deed of Sale;
3. That upon receipt of the Bank Guarantee in favor of the VENDOR, the latter shall
execute an Absolute Deed of Sale in favor of the VENDEE;
4. That failure to pay the balance shall cause the automatic rescission of this Contract with
damages in the amount of ONE HUNDRED THOUSAND PESOS
(Php100,000.00);
5. That the realty taxes and special assessments on the subject property on or before the
date of sale, cost of operation of the documents of sale, and notarial fees shall be for the
account of the VENDOR; while those realty taxes that shall accrue after the date of this
Conditional Deed of Sale, capital gains tax, documentary stamps, costs of registration,
transfer tax, and all incidental expenses for the issuance of the new title shall be for the
account of the VENDEE;
IN WITNESS WHEREOF, the parties have hereunto set their hands, and affix their
signatures, this 19th day of April 2013 in the City of Baguio, Philippines.
MANUEL PACIO
Vendor
EMERSON APIDCHOR
Vendee
WITH MY MARITAL CONSENT:
JUANA PACIO
Vendors Wife
79
LOVELI PUBLICO
ROSALYN QUERIDA
ACKNOWLEDGMENT
Form 20c. Deed of Assignment
DEED OF ASSIGNMENT
This DEED OF ASSIGNMENT made and executed by and between:
80
RONA ESTRADA, of legal age, married, Filipino citizen and a resident of 373
Honeymoon Road, Baguio City, Philippines hereinafter referred to as the ASSIGNOR;
and
KARREN GARCIA , of legal age, married, Filipino citizen, and a resident of JF 29,
Middle Quezon Hill, Baguio City, Philippines, herein after referred to as the ASSIGNEE;
WITNESSETH:
WHEREAS, the ASSIGNOR is the awardee of the construction of a 10 Floor

CONDUMINIUM and granted by the Gayaba Land And Realty Company;
WHEREAS, the ASSIGNOR by these presents, hereby, ASSIGNS and TRANSFER,
as he hereby, ASSIGNED and TRANSFERRED, unto the said ASSIGNEE, the
aforementioned project;
WHEREAS, the ASSIGNEE hereby accepts and is WILLING and ABLE to undertake
the said project pursuant to the OWNER-CONTRACTOR AGREEMENT entered into by the
ASSIGNOR and the Gayaba Land and Realty Company;
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 19 th
day of January 2013 in Baguio City, Philippines
RONA ESTRADA
Assignor
KARREN GARCIA
Assignee
JEEKA KIMMAYONG
ROMEO BONIFACIO
ACKNOWLEDGMENT
81
Form 20d. Deed of Chattel Mortgage
DEED OF CHATTEL MORTGAGE

This DEED OF CHATTEL MORTAGE, made and executed by and between:
LAARNI ARROYO, of legal age, single, Filipino Citizen, with residence and postal
address at #13 East Bayan Park, Aurora Hill, Baguio City, Philippines, hereinafter referred to as
the MORTGAGOR;
-and
82
GLADY MAE TALAN, of legal age, single, Filipino citizen, with residence and postal
address at URDHI Compound, Baguio City, Philippines, hereinafter referred to as the
MORTGAGEE;
W I T N E S S E T H:
That the MORTGAGOR is the owner a motor vehicle, which is particularly described
hereunder, to wit:
Make & Series:
Engine No.:
Chassis No.:
Plate No.:
MV File No.:
Type of Body:
KIA BESTA
VN - 130629
JNHTP7362V6215459
UJW 868
1308 0000048772A
VAN
That for and inconsideration of a LOAN obtained by the MORTGAGOR from the
MORTGAGEE in the sum of FIVE HUNDRED THOUSAND PESOS (Php500,000.00),
Philippine Currency, with an interest of TEN PERCENT (10%) MONTHLY, and to secure the
payment of the same, the MORTGAGOR hereby freely and voluntarily CEDE, TRANSFER,
AND CONVEY by way of mortgage unto the MORTGAGEE, his successors and assigns, that
motor vehicle above described;
The MORTGAGOR hereby warrants that the above-described motor vehicle is free
from any claim whatsoever, except that which appears in the Certificate of Registration, if any.
The MORTGAGEE with notice to the MORTGAGOR, reserves the right to sell, cede,
transfer, assign or convey to any person or entity its right and interest in and to this chattel
mortgage so long as the same is subsisting.
For the purpose of extra-judicial foreclosure, the MORTGAGOR hereby constitute and
appoint the MORTGAGEE or his successors to sell the property mortgaged, to sign all
documents, receive, receipt for and accept all monies or checks, and to perform any act requisite
and necessary to accomplish said purpose.
This Chattel Mortgage shall be for a period of SIX (6) MONTHS to be reckoned from
the date of its execution and shall be renewable upon the mutual consent of both parties.
day of April 2013 in the City of Baguio, Philippines.
83
LAARNI ARROYO
Mortgagor
GLADY MAE TALAN

Mortgagee
JOVEN HERNANDEZ
BEVERLY SUPSUP
AFFIDAVIT OF GOOD FAITH

We, LAARNI ARROYO, Mortgagor, and GLADY MAE TALAN, Mortgagee, under oath,
do hereby swear that the foregoing mortgage is made for purposes of security of the obligation
specified in the promissory note thereof and for no other and that the same is just and valid
obligation and not one entered into for purposes of fraud.
LAARNI ARROYO
Mortgagor
GLADY MAE TALAN

Mortgagee
ACKNOWLEDGMENT
Form 20e. Deed of Conditional Sale
DEED OF CONDITIONAL SALE

This DEED OF CONDITIONAL SALE, made and entered into by and between:
ELEAZAR GODOY, married to WIFE GODOY, of legal age, Filipino Citizen, with
residence and postal address at #41 Upper Engineers Hill, Baguio City, Philippines, hereinafter
referred to as the VENDOR;
-andKEO LAUS, single, of legal age, Filipino citizen, with residence and postal address at
#13 East Bayan Park, Aurora Hill, Baguio City, hereinafter referred to as the VENDEE;
W ITNESSETH:
WHEREAS, the VENDOR is the absolute owner, in fee simple of a certain parcel of land
located in Loakan, Baguio City, covered by Transfer Certificate of Title No. T-18338, more
particularly described as follows:
84
A parcel of land (Lot 2-A-6-C, of the subdivision plan, (LRC) Psd-47132, being a portion
of Lot 2-A-6, described on plan, (LRC) Psd-11998, LRC (GLRO) Rec. No. Civil Res. No. 211),
situated in the Barrio of Res. Sec. J, City of Baguio, Bounded on the N., points 2 to 3, by Lot
2-A-5, (LRC) Psd-11998; on the E., points 3 to 4, by Lot 2-A-7, Psd-11998; on the SE., points 4
to 1, by Lot 2-A-6-A of the subdivision plan; and on the W; points 1 to 2, by Lot 2-A-6-B, of the
subdivision plan. Beginning at a point marked 1 on plan, being N. 68 deg. 38 E., 715.59 m.
from Triangulation Station, Worcester, Baguio Townsite xxx.
Containing an area of FIVE HUNDRED EIGHTY FIVE (585) SQUARE METERS.
WHEREAS, the VENDOR has agreed to sell unto and in favor of the VENDEE, and the
VENDEE is willing and/or agreeable to buy from the VENDOR, its ownership, rights and
interest a portion of the above-described land with an area of THREE HUNDRED FIFTY
TWO (352) SQUARE METERS with a total consideration of TWO MILLION TWO
HUNDRED EIGHTY EIGHT THOUSAND PESOS (Php2,288,000.00), Philippine
Currency, under the terms and conditions provided hereunder;
Now, therefore, for and in consideration of the foregoing, they do hereby agree as
follows:
1. That upon signing of this Conditional Deed of Sale, the VENDEE shall pay ONE
MILLION TWO HUNDRED THOUSAND PESOS (Php1,200,000.00), as
downpayment;
2. That the balance of ONE MILLION EIGHTY-EIGHT THOUSAND PESOS
(Php1,088,000.00) shall be paid through Philippine National Bank, Session Road
Branch on or before sixty (60) days, or until June 19, 2013, from the execution of this
Conditional Deed of Sale;
3. That upon receipt of the Bank Guarantee in favor of the VENDOR, the latter shall
execute an Absolute Deed of Sale in favor of the VENDEE;
4. That failure to pay the balance shall cause the automatic rescission of this Contract with
damages in the amount of ONE HUNDRED THOUSAND PESOS
(Php100,000.00);
5. That the realty taxes and special assessments on the subject property on or before the
date
of sale, cost of operation of the documents of sale, and notarial fees shall be for the
account of the VENDOR; while those realty taxes that shall accrue after the date of this
Conditional Deed of Sale, capital gains tax, documentary stamps, costs of registration,
transfer tax, and all incidental expenses for the issuance of the new title shall be for the
account of the VENDEE;
IN WITNESS WHEREOF, the parties have hereunto set their hands, and affix their
signatures, this 19th day of April 2013 in the City of Baguio, Philippines.
ELEAZAR GODOY
WITH MY MARITAL CONSENT:
85
Vendor
JUANA GODOY
Vendors Wife
KEO LAUS
Vendee
MANUEL KALANG-AD
DARLYLON IGLESIA
ACKNOWLEDGMENT
Form 20f-i. Deed of Donation
DEED OF DONATION
This DEED OF DONATION made and executed by and between:
JOVEN HERNANDEZ, of legal age, single, Filipino Citizen and with residence at 82
Aurora Hill, Baguio City, Philippines, herein referred to as the DONOR,
and
MARY GRACE VALDEZ, married to HUBBY VALDEZ, of legal age, Filipino Citizen
and a resident of 82 Balsigan, Baguio City, Philippines hereinafter referred to as the DONEE;
WITNESSETH:
WHEREAS, the DONOR is the registered owner of the following properties, to wit:
1. A parcel of land covered by Declaration of Real Property with ARP No. 99-00600017, described as follows:
86
North: Lot 001 & Sec. 07

South: Lots 006 & 007
East: Lots 001 & 007
West: Lot 001
2. A parcel of land covered by Declaration of Real Property with ARP No.99-006-00017,
described as follows:
North: Lot 033,032,031,030,028,
South: Lots 028, 027, 026 & 101
East: Lots 028,026,078,079,
West: Lots 027,101,034,031 & 030
3. Two Residential Buildings respectively covered by 99-006-01264 (1 Storey) and 99006-01265 (1 Storey);
WHEREAS, for and in consideration of the love and affection which the DONOR has
for the DONEE, the DONOR by these presents, hereby TRANSFERS and CONVEYS, by way
of DONATION, unto the said DONEE, the above described real properties, free from all liens
and encumbrances;
WHEREAS, the DONOR does hereby state, for the purpose of giving full effect to this
donation, that he has reserved for himself in full ownership of sufficient properties to support
his needs;
WHEREAS, the DONEE does hereby accept this donation of the above-described real
property, and does hereby express their gratitude for the kindness and liberality of the DONOR;
WHEREAS, the provisions of Article 1623 of the New Civil Code of the Philippines and
ACT 3344 have been complied with;
WHEREAS, the aforementioned properties are at present in the possession of the

DONOR;
IN WITNESS WHEREOF, the parties have hereunto affixed their signature this 19 th
day of April 2013, in Baguio City, Philippines.
87
JOVEN HERNANDEZ
Donor
MARY GRACE VALDEZ

Donee
ELVIS GABAT
HAIL BUSAL
ACKNOWLEDGMENT
Form 20f-ii. Deed of Donation of a Portion of an Unregistered Land
DEED OF DONATION OF A PORTION OF AN UNREGISTERED LAND
This DEED OF DONATION made and executed, to wit:

I, JANET BANIQUED, of legal age, widow, Filipino Citizen, with residence at 182
Upper Quezon Hill, Baguio City, herein referred to as the DONOR, for and in consideration of
my love and affection to my daughter ABIGAIL SARANDI, married to Hubby Sarandi, and
my niece BEVERLY SUPSUP, single, all of legal age, Filipino citizens and residents of
Legarda Road, Baguio City, herein referred to as the DONEES, by these presents, hereby
TRANSFER and CONVEY, by way of DONATION, unto the said DONEES portions of the
parcels of land situated at Legarda Road, Baguio City covered by Declaration of Real Property
with ARP No. 99-010-05888 consisting of an area of TEN THOUSAND EIGHT
HUNDRED SEVENTY FIVE (10, 875) SQUARE METERS of which I am the registered
owner and more particularly described as follows:
;
TECHNICAL DESCRIPTION
NORTH: Renato Mana-a; SOUTH: Darlylon Iglesia; EAST: Keo Laus
WEST: Eleazar Godoy; ASSESSED VALUE: P900,700.00;
LOCATION: Lot 29, Legarda Road, Baguio City
WHEREAS, I, the DONOR herein, do hereby state, for the purpose of giving full effect
to this donation, that I have reserved for myself in full ownership of sufficient properties to
support my needs.
88
WHEREAS, the said DONEES shall divide and adjudicate among themselves the
abovementioned portion as follows, to wit:
ABIGAIL SARANDI
BEVERLY SUPSUP
4, 875 square meters, more or less

6,000 square meters, more or less
WHEREAS, the said DONEES do hereby accept these donations of the abovedescribed real property, and do hereby express their gratitude for the kindness and liberality of
the DONOR.
WHEREAS, the above parcels of land are in the possession of the DONEES herein;
WHEREAS, this document supersedes that Deed of Donation entered in the notarial
registry of Atty. Isagani Calderon as Doc. No. 216: Page No. 45: Book No. 55, Series of 2000,
dated March 7, 2011;
WHEREAS, the provisions of Article 1623 of the New Civil Code of the Philippines has
been complied with.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 19 th day of
April 2013, in Baguio City, Philippines.
JANET BANIQUED
Donor
ABIGAIL SARANDI
Donee
BEVERLY SUPSUP
Donee
MANUEL PACIO
EMERSON APIDCHOR
89
ACKNOWLEDGMENT
Form 20g. Deed of Exchange
DEED OF EXCHANGE
This DEED OF EXCHANGE, made and entered into by and between:
ROSALYN QUERIDA, single, of legal age, Filipino Citizen, with residence and postal
address at #341 Loakan Maridit, Baguio City, Philippines, hereinafter referred to as the FIRST
PARTY;
-andLOVELI PUBLICO, single, of legal age, Filipino Citizen, with residence and postal
address at Ambiong, La Trinidad, Benguet, hereinafter referred to as the SECOND PARTY.
WITNESSETH:
WHEREAS, the FIRST PARTY is the owner and present possessor of a parcel of land
located at Ambiong, La Trinidad, Benguet with an area of FIVE HUNDRED FORTY (540)
SQUARE METERS, more or less, covered by Tax Declaration No. 99-012-01202, particularly
Bounded on the North by Section 09; on the south by Vicky Sotto; on the
East by Joy de Leon; and on the West by Tita Sotto; containing an area of Five
90
Hundred Forty square meters located at Ambiong, La Trinidad, Benguet.
WHEREAS, the SECOND PARTY is the owner and present possessor of a certain parcel
of land covered and embraced by Transfer Certificate of Title No. T-19883 and more particularly
A parcel of land (lot 1, Psd-1-981298), situated in the Bo. Ambiong, Mun. of La

Trinidad, Province of Benguet, Island of Luzon. Bounded on the NW. along line
1-2 by property of Annabel Cachero; on the N. along line 2-3 by public land; on
the E. along line 3-4 by property of Shana Laurie Locano; on the S., & SW., along
lines 4-5-6-7-1 by Lot 2, Psd-1-981298. Beginning at a point marked 1 on Lot 1,
xxx
x x x containing an area of FIVE HUNDRED FORTY (540) SQUARE
METERS. x x x
WHEREAS, both PARTIES hereto have agreed to exchange their respective properties
covering an area of FIVE HUNDRED FORTY (540) SQUARE METERS from the abovedescribed properties of both parties, which are free from all liens and encumbrances of whatever
kind and nature;
WHEREAS, the FIRST PARTY thus hereby CEDE, TRANSFER, DELIVER and
CONVEY unto the SECOND PARTY its property located in Ambiong, La Trinidad, Benguet as
afore-described (A copy of the sketch plan of the aforementioned property is hereto attached as
ANNEX A). LIKEWISE, the SECOND PARTY, hereby simultaneously CEDE,
TRANSFER, DELIVER and CONVEY unto the FIRST PARTY the aforementioned
property;
WHEREAS, the PARTIES herein do hereby warrant that their respective properties
subject of this Deed of Exchange are free against any claim from third person of whatever kind
and nature;
WHEREAS, the provisions of Art. 1623 of the New Civil Code of the Philippines has
been complied with.
IN WITNESS WHEREOF, the PARTIES have hereunto affixed their signatures this
19th day of April 2013 in the City of Baguio, Philippines.
91
ROSALYN QUERIDA
First Party
LOVELI PUBLICO
Second Party

DARYLL LOBCHOY
JEEKA KIMMAYONG
ACKNOWLEDGMENT
Form 20h-i. Deed of Real Estate Mortgage of a Registered Land
DEED OF REAL ESTATE MORTGAGE OF A REGISTERED LAND

This REAL ESTATE MORTGAGE, made and entered into by and between:
VALISSA POLIG, single, of legal age, Filipino citizen, with residence and postal
address in #96 Imelda Village, Baguio City, hereinafter referred to as the MORTGAGOR;
-andFLORENCE LAMEN-LEGANO, married to MISTER LEGANO, of legal age, Filipino
citizen and with residence and postal address at #101 Burgundy Lane, Lower Fairview, Baguio
City, hereinafter referred to as the MORTGAGEE;
That the MORTGAGOR is indebted to the MORTGAGEE in the amount of FIVE
HUNDRED THOUSAND PESOS (Php500,000.00), Philippine currency, with five
percent (5%) monthly interest payable within a period of SIX (6) MONTHS from and after the
execution of this document or up to October 19, 2013;
That for and in consideration of the aforementioned debt of the herein MORTGAGOR in
the sum of FIVE HUNDRED THOUSAND PESOS (Php500,000.00), Philippine
currency, obtained from the MORTGAGEE, and to secure the payment of the same and those
others that the MORTGAGEE may extend to the MORTGAGOR, including interest and
expenses, and other obligations owing by the MORTGAGOR to the MORTGAGEE, whether
direct or indirect, principal or secondary, the MORTGAGOR do hereby transfer and convey by
92
way of REAL ESTATE MORTGAGE unto the MORTGAGEE, her successors and assigns, a
PARCEL OF REGISTERED LAND located along 26-B Trancoville, Baguio City which is more
particularly described as follows, to wit:
TRANSFER CERTIFICATE OF TITLE

A parcel of Land (Lot 5, Blk. 11, Psd-1-014521, being a portion of Lot 19, II-11894, L.R.C.
Rec. No. ___), situated in the Bo. Trancoville, City of Baguio, Island of Luzon. Bounded on the
SE., along line 6-1-2 by Lot 4, Blk. 11, on the SW., along line 2-3 by Alley Lot 5, on the NW.,
along line 3-4 by Lot 5, Blk. 11, on the NE., along line 4-5-6 by Drainage I Lot 6, all of the Psd1-014521. Beginning at a point marked 1 of Lot 5 Blk. 11, on plan being S. 4 deg. 13W., 797.98
m. from B.L. No. 7, Baguio Townsite, thence:
S. 86 deg. 16W., 5.40 m. to point 2;N. 51 deg. 24W., 2.98 m. to point 3;N. 3 deg. 44W., 9.70 m.
to point 4; S. 83 deg. 29E., 4.48 m. to point 5; S. 51 deg. 08E., 11.06 m. to point 6; S. 51 deg.
41W., 6.02 m. to point of beginning, containing an area of ONE HUNDRED (100)
SQUARE METERS, more or less. All points referred to are indicated on the plan and are
marked on the grounds as PS cyl. Conc. Mons. 15 x 60 cms., except, bearings true, date of
original survey on July 8-August 1916 date of subdivision survey on August 23, 1987 July 15,
1988, executed by Engr. Hans Montenegro and approved on Nov. 14, 1988.
Including the residential house erected therein covered by ARP No. 2009-59-041-56231 of
the records of the Assessors Office of Baguio City.
Of which parcel of land, the MORTGAGOR is the absolute owner and present possessor as
evidenced by TCT NO. T-89562 of the records of Register of Deeds of Baguio City, under
Assessment of Real Property ARP No. 2009-59-041-56231 (land) and (ARP) No. 2009-05-1459684 (building) of the records of the City Assessors Office and Register of Deeds of Baguio
City, free from all liens and encumbrances.
In case the MORTGAGOR executes subsequent promissory note or notes either as a renewal
of the former note, as an extension thereof, or as a new loan, this mortgage shall also stand as
security for the payment of the said promissory note or notes and/or accommodations as if they
were existing on the date thereof.
This mortgage shall also stand as security for said obligations and all other obligations of the
MORTGAGOR to the MORTGAGEE of whatever kind and nature whether such obligations have
been contracted before, during or after the constitution of this mortgage.
However, if the MORTGAGOR shall pay the MORTGAGEE, his successors or assigns, the
obligations secured by this mortgage, together with the interest, cost and other expenses, on or
before the date they are due, and shall keep and perform, then this mortgage shall be null and
void, otherwise, it shall remain in full force and effect;
93
This Mortgage is constituted subjected to the following conditions:

a. Should the MORTGAGEE becomes involved in any litigation which may have relation
with any or all of the properties mortgaged by virtue of this instrument, all expenses of the
MORTGAGEE in such litigation, including a reasonable amount of attorneys fee to be
determined by the MORTGAGEE, shall be paid by the MORTGAGOR and this mortgage shall
stand as security thereof, and in the event of such litigation, any and all obligations of the
MORTGAGOR shall likewise become immediately due, payable and defaulted;
b. The MORTGAGOR shall not make any alteration upon or demolish any building or
buildings herein mortgaged or encumber the same, without the prior written consent of the
MORTGAGEE;
c. The MORTGAGEE may be a bidder at the sale of the mortgaged properties under
foreclosure proceedings;
d. The MORTGAGOR shall execute such other documents as may be required by the
MORTGAGEE in connection with the loans secured by this mortgage contract subject to the
mutual agreement of both parties;
e. That should the MORTGAGOR duly pay or cause to be paid unto the MORTGAGEE
and the latters heirs and assigns, his total indebtedness of FIVE HUNDRED THOUSAND
PESOS (Php500,000.00), Philippine currency including its FIVE PERCENT (5%) monthly
interest on or before October 19, 2013, then this mortgage shall thereby be discharged and
rendered of no force and effect. Otherwise, the MORTGAGOR does hereby agree that said
FLORENCE LAMEN-LEGANO, may enforce his rights herein without judicial proceedings
by causing the above-described real property to be sold at public auction in Baguio City where
the property is situated in accordance with Act No. 3135, as amended by Act No. 4118;
f. That effective upon the breach of any condition or stipulation of this mortgage, the
MORTGAGEE is hereby appointed by the MORTGAGOR as his attorney-in-fact to sell or
dispose of said property according to Act No. 3135, as amended by Act No. 4118;
g. That should the MORTGAGOR fail to pay his debt of FIVE HUNDRED
THOUSAND PESOS (Php500,000.00), Philippine currency including its FIVE PERCENT
(5%) monthly interest, on the 19th day of October 2013, said MORTGAGOR does hereby agree to
pay a penalty of 1% thereof per month of delay effective on October 19, 2013;
h. That should the MORTGAGOR pay his debt before the 19 th day of October 2013, he
will only pay the principal amount of FIVE HUNDRED THOUSAND PESOS
(Php500,000.00), Philippine Currency plus accrued interests as of the date of payment; and
i. That the parties hereto agreed to record this instrument under Act No. 496, as
amended and likewise under Act No. 3344.
94
IN WITNESS WHEREOF, the parties have hereunto set their hands in Baguio City,
Philippines, on this 19th day of October 2013.
VALISSA POLIG
Mortgagor
FLORENCE LAMEN-LEGANO
Mortgagee
GLADY MAE TALAN
SHERLYN PAQUIT
ACKNOWLEDGMENT
Form 20h-ii. Deed of Real Estate Mortgage of Unregistered Land
95
DEED OF REAL ESTATE MORTGAGE OF UNREGISTERED LAND
This REAL ESTATE MORTGAGE OF UNREGISTERED LAND executed by:
WILLIAM CLAVER, married to WIFE CLAVER, both of legal age, Filipino Citizen,
with residence and postal address at 92 Legarda Road, Baguio City herein referred to as the
MORTGAGOR,
In favor of
ELVIS GABAT, of legal age, married, Filipino Citizen, with residence and postal
address at 22 Country Club, Baguio City, Philippines herein referred to as the MORTGAGEE,
WHEREAS, for and in consideration of a loan obtained by the MORTGAGOR from

the MORTGAGEE in the sum of FOUR MILLION FIVE HUNDRED THOUSAND (Php.
4,500,000.00) PESOS, Philippine Currency, receipt of which is hereby acknowledged to the
full satisfaction of the MORTGAGOR, the MORTGAGOR hereby freely and voluntarily
CEDE, TRANSFER and CONVEY by way of mortgage unto the MORTGAGEE, his heirs,
successors and assigns, that parcel of land and residential building erected thereon, registered
in the name of the MORTGAGOR and more particularly described as follows:
DECLARATION OF REAL PROPERTY with ARP No. 99-014-02216
NORTH:
054
SOUTH:
EAST:
058
WEST:
LOCATION:
Legarda Road
AREA:
300 Sq.m.
ASSESSED VALUE: P10, 260.00
056
026
This MORTGAGE is constituted under the following conditions:

a.
The MORTGAGOR hereby acknowledges the receipt of the principal loan in the
96
amount of P4, 500,000.00;

b.
The MORTGAGOR hereby promises and undertakes to pay the principal loan of
P4, 500,000.00 within TWO (2) YEARS from April 19, 2013;
c.
The MORTGAGOR likewise promises to pay the agreed monthly interest of
THREE (3%) PERCENT from the signing of contract until the said loan shall have been fully
paid and satisfied
d.
The MORTGAGOR shall pay all expenses in connection with this mortgage, and
all other fees and documentary stamps required by law for its registration, as well as other
documents related herewith;
e.
The MORTGAGOR hereby asserts that all real property taxes and assessments
on the property mortgaged up to the current year have been paid. He binds himself to pay
promptly the taxes due on the property mortgaged;
f.
The MORTGAGOR shall neither lease the mortgaged property nor dispose of or
sell the same in any manner, without first securing the written consent of the MORTGAGEE;
g.
The MORTGAGOR hereby submits to the jurisdiction of the proper COURT of
Baguio City in the event of litigation in connection herewith including foreclosure of this
mortgage;
h.
If at any time the MORTGAGOR shall fail or refuse to pay the obligation herein
secured when due, or to comply with any of the conditions and stipulations herein agreed, or
shall, during the time this mortgage is in force, institute insolvency proceedings or be
involuntarily declared insolvent, or if the mortgage cannot be recorded in the corresponding
Registry of Deeds or Assessors Office, then the obligation of the MORTGAGOR secured by this
Mortgage including all interest due and any and all unpaid amount or portion thereof shall
immediately become due, payable and defaulted and the MORTGAGEE or her successors or
assigns may immediately demand payment of the total obligation. It is hereby agreed that the
MORTGAGOR may foreclose this mortgage under ACT 3135, as amended, and in such event, the
auction sale shall be held in Baguio City. For the purpose of extra-judicial foreclosure, the
MORTGAGOR hereby constitute and appoint the MORTGAGEE or his successors as her
attorney-in-fact to sell the properties mortgaged including all improvements existing thereon,
to sign all documents, receive, receipt for and accept all monies or checks, and to perform any
act requisite and necessary to accomplish said purpose;
i.
The MORTGAGOR warrants that the above-described mortgaged property is
free from any liens and/or encumbrances of whatever kind and nature;
j.
The parties hereby agree that this mortgage shall be registered under ACT 3344;
97
WILLIAM CLAVER
Mortgagor
ELVIS GABAT
Mortgagee
With my conformity:
JUANA CLAVER
Spouse of Mortgagor
LAARNI ARROYO
RONA ESTRADA
ACKNOWLEDGMENT
Form 20i-i. Deed of Sale of a Subdivided Registered Land
DEED OF SALE OF A SUBDIVIDED REGISTERED LAND
98
This DEED OF SALE OF A SUBDIVIDED REGISTERED LAND made and

executed by and between:
GUNTHER TOMAS, married to WIFE TOMAS, of legal age, Filipino Citizen, and a
resident of 89 Legarda Rd, Baguio City, Philippines, herein referred to as the VENDOR;
and
AARON KIAT-ONG, married to WIFE KIAT-ONG, and DARYLL LOBCHOY,

married to WIFE LOBCHOY, both of legal age, Filipino Citizens and residents of 189 Ambiong,
Baguio City, Philippines, herein referred to as the VENDEES;
WHEREAS, the VENDOR is the registered owner of a parcel of land covered by

Transfer Certificate of Title bearing No. T- 29810 situated at Ambiong, Baguio City, Philippines
and which is more particularly described as follows, to wit:
TRANSFER CERTIFICATE OF TITLE No. T-29810

A parcel of land (Lot 8-C of the subd. plan Psd-CAR-000185, being a
portion of Lot 8 (LRC) Pcs-28824 situated at Ambiong, Baguio City, Island of Luzon.
Bounded on the NE., along lines 1-2-3 by Lot 8-E; on the E. along line 3-4 by Lot 8-G; on
the S & W. along lines 4-5-6 by Lot 8-B; on the NE., along line 6-1 by Lot 8-D, all of the
subdivision plan. Beginning at a point marked 1 on plan being S. 37 deg. 08 E. 2913.
46 m. from triangulation station OSDONG, Buguias, Benguet. thence, S. 3 deg. 27 W.,
3.50 m. to point 2 thence, S. 89 deg. 26 E. 9.04 m. to point 3 thence, S. 1 deg. 15 E.
9.57 m. to point 4 thence, N. 86 deg.55 W. 18.27 m. to point 5 thence, N. 2 deg. 51
E., 13.84 m. to point 6 thence, S. 79 deg., 02 E. 8.67 m. to point of beginning,
containing an area of TWO HUNDRED ONE (201) Sq. m. ,more or less. All points
referred to are indicated on the plan and are marked on the ground as follows: All points
by PS cyl. conc. mons. 15 x 60 cms. Bearings true. Date of orginal Survey Oct. 27, 1957
and that of the subdivision survey was executed by Geodetic Engineer Apollonius
Walsiyen under the supervision of Engr. Jose E. Fernandez on March 12-13, 1988 &
99
October 9, 1989 and was approved on Dec 18, 1989.
WHEREAS, for and in consideration of the amount of THIRTY THOUSAND

(Php.30, 000.00) PESOS, Philippine Currency, paid in hand by the VENDEES, the
VENDOR hereby SELLS, TRANSFERS and CONVEYS, as he hereby SOLD,
TRANSFERRED and CONVEYED, unto the said VENDEES, their heirs and assigns, the
abovementioned property and as indicated in that Subdivision Plan of LOT 8-C, PSD-CAR000185 as surveyed for Aaron Kiat-ong, as follows, to wit:
a.
LOT 8-C-1 with an area of ONE HUNDRED ONE (101) Sq. m. shall be sold
in favor of Gunther Tomas (A copy of the Technical Description of Lot 8-C-1 is
hereto attached and made part hereof); and
b.
LOT 8-C-2 with an area of ONE HUNDRED (100) Sq. m. shall be sold in
favor of Daryll Lobchoy (A copy of the Technical Description of Lot 8-C-2 is
hereto attached and made part hereof).
WHEREAS, the VENDOR warrants that the above-described parcel of Land is free
from any lien and/or encumbrance except that which appears, if any, in the Title;
WHEREAS, the provisions of Article 1623 of the New Civil Code of the Philippines
have been complied with;
WHEREAS, the abovementioned parcel of land is in the possession of the vendor
herein;
GUNTHER TOMAS
Vendor
AARON KIAT-ONG
Vendee
DARYLL LOBCHOY
Vendee
WITH MY CONFORMITY:
100
NOTARY PUBLIC
8689
Roll No.
JUANA TOMAS
Spouse of the Vendor
BEAUREGARD WANASEN
MIKE BURTON PONGAS
ACKNOWLEDGMENT
Form 20i-ii. Deed of Sale of a Franchise of a Public Utility Vehicle
101
DEED OF SALE OF A FRANCHISE OF A PUBLIC UTILITY VEHICLE

This DEED OF SALE OF A FRANCHISE OF A PUBLIC UTILITY VEHICLE,
made and executed by and between:
MANUEL KALANG-AD, single, of legal age, Filipino citizen, with residence and
postal address at 89 Honeymoon Road, Baguio City, hereinafter referred to as the VENDOR;
- andDARLYLON IGLESIA, single, of legal age, Filipino citizen, with residence and postal
address at Upper Burgos, Baguio City, Philippines, hereinafter referred to as the VENDEE;
WHEREAS, the VENDOR is the lawful owner of a Certificate of Public convenience to
Operate a Taxi Service issued by the Land Transportation Franchising and Regulatory Board,
Cordillera Administrative Region, Baguio City under case No. 2003-CAR-172;
WHEREAS, for and in consideration of the sum of ONE HUNDRED THOUSAND
PESOS (Php100,000.00), Philippine Currency, to me in hand and the receipt whereof is
hereby acknowledged from the VENDEE to my entire satisfaction does by these present sell,
transfer and convey, in favor of the VENDEE his heirs and assigns the above mentioned
Franchise free and clear of all liens and encumbrances.
WHEREAS, the VENDOR hereby warrants good and clean ownership over that
Franchise and that his rights, interests and participation over it has not been previously
alienated, sold nor transferred to any third party, whomsoever;
FINALLY, that the VENDOR shall defend the possession and ownership of the abovementioned Franchise of the VENDEE, against any possible claim of ownership by any third
party and adverse claimants.
That the VENDOR is executing this deed of sale freely and voluntary and for all legal
intents and purposes that it may serve.
IN WITNESS WHEREOF, the PARTIES have hereunto set their hands this 19th day of
April 2013, in the City of Baguio, Philippines.
102
MANUEL KALANG-AD
Vendor
DARLYLON IGLESIA
Vendee
JORDAN PALINGPINGAN
GUNTHER TOMAS
ACKNOWLEDGMENT
Form 20i-iii. Deed of Sale of Heavy Equipment
DEED OF SALE OF HEAVY EQUIPMENT

I, BEVERLY SUPSUP, of legal age, Filipino citizen, with residence and postal address
at 14 Trancoville, Baguio City, herein referred to as the VENDOR, for and in consideration of
103
the amount of ONE HUNDRED TWENTY THOUSAND (Php.120,000.00) PESOS,

Philippine currency and other valuable consideration, receipt of which is hereby acknowledged
from ROMEO BONIFACIO, likewise of legal age, Filipino Citizen and with residence and
postal address at Adaoay, Kabayan, Benguet Philippines and herein referred to as the VENDEE,
hereby SELL, TRANSFER AND CONVEY, and by these presents have SOLD,
TRANSFERRED AND CONVEYED unto said VENDEE One (1) Unit Heavy Equipment
which is more particularly described as follows:
MAKE:
MODEL:
FRAME SERIAL No.:
ENGINE No.:
SERIAL NO.:
KOMATSU BACKHOE
PC60-2
16293
4D94-3
60869

I hereby warrant that the above-described Heavy Equipment is free from any lien or
encumbrance and that I will defend the title of the VENDEE from any claims of whatever kind
or nature from third persons.
IN WITNESS WHEREOF we have hereunto affixed our signatures this 19 th day of
April 2013 in Baguio City, Philippines.
BEVERLY SUPSUP
Vendor
ROMEO BONIFACIO
Vendee

KARREN GARCIA
JAKE BASILAN
ACKNOWLEDGMENT
Form 20i-iv. Deed of Sale of Improvements with Simultaneous
Transfer of Rights
NOTARY PUBLIC
Roll No.
8689
104
DEED OF SALE OF IMPROVEMENTS WITH

SIMULTANEOUS TRANSFER OF RIGHTS
This Deed of Sale executed by and between:
JEEKA KIMMAYONG, of legal age, single, Filipino citizen, with residence and postal
address at 82 Brookside, Baguio City, Philippines, herein referred to as the VENDOR;
and
JAKE BASILAN, of legal age, Filipino citizen, married, with residence and postal
address at 456 City Camp, Baguio City, Philippines, herein referred to as the VENDEE,
WHEREAS, the VENDOR is the grantee of a right of first option to purchase a parcel
of land located at Sunnyside Subdivision, Baguio City, Philippines covered by and described in
Transfer Certificate of Title No. 21541 covering an area FIVE HUNDRED FIFTY (550 sq.m.)
SQUARE METERS of the Register of Deeds of Baguio City;
WHEREAS, for and in consideration of the sum of EIGHTY THOUSAND (P80,
000.00) PESOS, Philippine currency, paid in hand by the VENDEE, the VENDOR hereby
SELLS, CEDES, CONVEYS, TRANSFERS and DELIVERS to the VENDEE, her assigns,
heirs and successors, by way of ABSOLUTE SALE, his right of first option to purchase a
portion of that parcel of land with an area of TWO HUNDRED FIFTY (250 sq. m.)
SQUARE METERS, together with all the improvements thereon, situated in Sunnyside
Subdivision, Baguio City, Philippines;
WHEREAS, the right of first option to buy or purchase on the remaining 300 square
meters portion of the land pertained to in TCT No. T-21541 shall remain with the VENDOR;
WHEREAS, the provisions of Art. 1623 of the New Civil Code of the Philippines has
been complied with
105
FINALLY, this contract shall be binding and enforceable upon the heirs, assigns and
the successors of the parties herein.
19 day of April 2013 in Baguio City, Philippines.
th
JEEKA KIMMAYONG
Vendor
JAKE BASILAN
Vendee

NOTARY PUBLIC
GLORY PEARL AMWAO
8689
KARINA GRAILE HUMIDING
ACKNOWLEDGMENT
Form 20i-v. Deed of Sale of Motor Vehicle Engine
DEED OF SALE OF MOTOR VEHICLE ENGINE

106
Roll No.
That I, HAIL BUSAL, of legal age, single, Filipino Citizen and a resident of 182
Trancoville, Baguio City, Philippines, herein referred to as the VENDOR, for and in
consideration of the amount of TEN THOUSAND (Php. 10,000.00) PESOS, Philippine
currency and other valuable considerations, receipt of which is hereby acknowledged from
JORDAN PALINGPINGAN, likewise of legal age, married, with residence and postal address
at La Trinidad, Benguet, Philippines and herein referred to as the VENDEE, hereby SELL,
TRANSFER AND CONVEY, and by these presents have SOLD, TRANSFERRED AND
CONVEYED unto the said VENDEE the motor-vehicle engine herein described as follows:
MOTOR ENGINE NO. 303148
CR No. 07775043
Type/Make. Engine only
FUEL: Diesel.
No. of Cyl.: 04
I hereby warrant that the above-described motor engine is free from any lien or
encumbrance and that I will defend the title and rights of the VENDEE from any claims of
whatever kind or nature from third persons.
HAIL BUSAL
Vendor
JORDAN PALINGPINGAN
Vendee
MARY GRACE VALDEZ
JOVEN HERNANDEZ
ACKNOWLEDGMENT
Form 20i-vi. Deed of Sale of Motor Vehicle with Franchise
107
DEED OF SALE OF MOTOR VEHICLE WITH FRANCHISE
That I, ELVIS GABAT, of legal age, single, Filipino citizen, and a resident of Km. 7
Dontogan. Green Valley, Baguio City, Philippines, herein referred to as the VENDOR, for and
in consideration of the amount of ONE HUNDRED SEVENTY THOUSAND
(Php.170,000.00) PESOS, Philippine currency and receipt of which is hereby acknowledged
from ELEAZAR GODOY, likewise of legal age, Filipino citizen, single, with residence and
postal address at Buyagan, La Trinidad, Benguet, Philippines, herein referred to as the
VENDEE, hereby SELL, TRANSFER AND CONVEY, and by these presents have SOLD,
TRANSFERRED AND CONVEYED unto said VENDEE that motor vehicle herein
Make: TOYOTA
Model: 1995
Motor No. 2E2877397
Color: WHITE
Type: SEDAN
Plate No. AYD-767
Chassis No. EE100
9551906
File No. 132800000061429
including the Franchise/Certificate of Public Convenience to operate a TAXI Service with

Case No. 99-01-2064 plying the route BAGUIO CITY TO ANY POINT IN CORDILLERA
ADMINISTRATIVE REGION which is valid up to December 31, 2013.
I hereby warrant that the above-described motor vehicle and Certificate of Public
Convenience are free from any lien or encumbrance except that which appears in the Certificate
of Registration, if any, and that we will defend the title and rights of the VENDEE from any
claims of whatever kind or nature from third persons.
IN WITNESS WHEREOF,we have hereunto affixed our signatures this 19 th day of
NOTARY PUBLIC
108
Roll No.
8689
April 2013 in Baguio City, Philippines.
ELVIS GABAT
Vendor
ELEAZAR GODOY
Vendee
GUNTHER TOMAS
RENATO MANA-A
ACKNOWLEDGMENT
Form 20j. Deed of Undertaking
109
DEED OF UNDERTAKING
This Deed of Undertaking entered into by and between:
APOLINAIRE MABINI, of legal age, married, Filipino Citizen, with residence and
postal address at 43 Aurora Hill, Baguio City, herein referred to as the FIRST PARTY;
and
GREGGY DEL PILAR, of legal age, married, Filipino Citizen, with residence at MC031 Marcos Highway, Baguio City, herein referred to as the SECOND PARTY;
WITNESSETH:
WHEREAS, the FIRST PARTY is the owner of a parcel of land situated in Marcos
Highway, Baguio City, Philippines with an area of TWO HUNDRED (200) SQUARE
METERS, more or less;
WHEREAS, the SECOND PARTY is the occupant of a residential building with a
portion of the said building having occupied a SEVENTEEN SQUARE METERS portion of
the aforementioned land of the FIRST PARTY;
WHEREAS, the FIRST PARTY hereby agrees to lease the SEVENTEEN SQUARE
METERS portion to the SECOND PARTY under the following TERMS AND
CONDITIONS, to wit:
1.
The monthly rental shall be FIVE HUNDRED (P500.00) PESOS, Philippine

Currency per month, which shall be paid every THREE (3) months commencing
from the time the FIRST PARTY shall have acquired the TAX
DECLARATION over the aforementioned parcel of land in his name without
necessity of demand. Default in the payment of two quarterly rental shall be a
NOTARY PUBLIC
sufficient cause for the automatic cancellation of this undertaking;
110
8689
Roll No.
2.
The SECOND PARTY shall not sub-lease the premises leased or otherwise
assign or transfer his rights therein without the written consent of the FIRST
PARTY. The SECOND PARTY is also prohibited to transfer possession of the
premises by Special Power of Attorney to any Third Person;
3.
Should the leased premises suffer any damage through the fault of the SECOND
PARTY, the SECOND PARTY shall bear all such damages;
4.
The FIRST PARTY shall have the right to terminate this contract at any time
provided that he shall notify the SECOND PARTY at least one month of his
intention to terminate the same, while the SECOND PARTY shall surrender the
premises to the FIRST PARTY free from any occupants and in the condition
that it was at the beginning of the undertaking;
5.
Any violation by any of the PARTIES of the terms and conditions of this contract
shall constitute a ground for extra judicial cancellation of this contract;
WHEREAS, this UNDERTAKING shall be binding to both PARTIES, their heirs and
assigns;
19 day of April 2013 in the City of Baguio, Philippines.
th
APOLINAIRE MABINI
GREGGY DEL PILAR
First Party
Second Party
JOHN LUNA
EMIL JACINTO
ACKNOWLEDGMENT
Form 20k. Deed of Waiver of Rights
111
DEED OF WAIVER OF RIGHTS

This WAIVER OF RIGHTS, made and executed into by and between:
EMILY AGUINALDO, single , Filipino citizen, of legal age, with residence and postal
address at #105 Upper Asin Road, Baguio City, Philippines, hereinafter referred to as the
WAIVOR;
-
in favor of
MANUELA QUEZON, married to EMANUELLE QUEZON, Filipino citizen, of legal

age, with residence and postal address at #89 Everlasting St., Q.M. Subdivision, Baguio City,
Philippines, hereinafter referred to as the WAIVEE;
WITNESSETH:
WHEREAS, in a certain public document executed on December 18, 2012, the

WAIVOR sold under Pacto de Retro unto the WAIVEE certain real estates situated in No.
24A, Sanitary Camp and No.20, Trancoville, Baguio City and more particularly describes as
follows, to wit:
I.
A PARCEL OF LAND situated in Sanitary Camp, Baguio City containing an area of
FIVE HUNDRED (500) square meters more or less. xxx Bounded on the E-along lines1-2-3, Lot
32; on the N-along lines 3-4 Lot 33: on the W- along lines 4-5-6-7, Lot 43; and on the S- along
lines 7-8-1, Lot 54, all Cad 405-D, Baguio cadastre.
II.
A PARCEL OF LAND (Lot 20 Blk. 54 of consolidation subdivision plan (LRC) Pcs-13265,
being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533, Lot 3, Psd100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and
21071 situated in Trancoville, City of Baguio, Prov. of Benguet, Is. of Luzon. Bounded on NE.,
point 4 to 1 by Road Lot 22, on...to the point of beginning; containing an area of (280) square
meters more or less..." xxx
112
said property being covered by Original Certificate of Title Nos. 1234712 and 6454654,
respectively, issued by the Register of Deeds of Baguio City;
WHEREAS, in accordance with the stipulation contained in said public instrument, the
WAIVOR has reserved the right to redeem the subject properties within a period of one (1) year
from and after the date of execution thereof;
WHEREAS, the WAIVOR is willing to renounce and waive his right to redeem said
NOTARY PUBLIC
properties for valuable consideration, which the WAIVEE has agreed to pay more specifically
mentioned herein below;
Roll No.
NOW THEREFORE, for and in consideration of the sum of TWO MILLION PESOS
8689
(PHP2,000,000.00), Philippine Currency, in addition to the original purchase price, which
additional sum the WAIVOR hereby acknowledges to have received from the WAIVEE to his
entire satisfaction, the said WAIVOR does by these presents renounce and waive all his rights
and interests in and to the real properties above-described, more specifically the right to redeem
which he has reserved unto himself by virtue of the above described public instrument executed
on December 18, 2012 duly inscribed in the corresponding Certificate of Title as per entry Nos.
2352 and 4243, and as a consequence of this waiver, the WAIVEE has become the henceforth
the sole and absolute owner of the subject properties without any reservation in favor of the
WAIVOR.
IN WITNESS WHEREOF, the parties hereunto set their hands this 19 th day of April
EMILY AGUINALDO
Waivor
MANUELA QUEZON
Waivee
SIMON MAGITING
IBARRA BAGSIK-ALAB
ACKNOWLEDGMENT
CONTRACT
Article 1318 of the Civil Code provides that a contract is a meeting of minds between
two persons whereby one agrees to give something or render some service to another for
a consideration.
113
It has also been held that there is no contract unless the following requisites concur:
1.) consent of the contracting parties; 2.) an object certain which is the subject of the
contract; 3.) the cause of the obligation which is established.
Rules in Drafting Contracts as Legal Documents

The following are recommendations in drafting contracts and/or agreements: 68
In drafting contracts, the usual commencement to the document should be This
Agreement or An Agreement or Articles of Agreement. Although it is better to state
the particular kind of contract or agreement to be drafted such as This Mortgage,
This Contract of Sale, or This Contract of Lease.
The full names of the parties, their capacity, civil status, and their residences should
come next. The logical order in which the parties are to be named in the document must
be observed. For example, the name of seller, mortgagor, or grantor must first be stated
in a Deed of Conveyance; whereas, the name of the employer usually comes first in an
employment contract.
The principal or operational clause of the document should be stated in separate,
numbered paragraphs. The purpose is to facilitate ready reference thereto.
Verbosity should be avoided. Specific or technical terms, which have special
meanings in the document, should be specially defined.
The names of parties should be repeated. The use of pronouns would give rise to
ambiguity.
The document must be neat, free from erasures, interlineations, or suspicions of
alterations.
A clause may be inserted at the end of an agreement that : This contract shall extend
and be binding upon the parties thereto, their executors, administrators, and assigns.
The place and date of execution of the document usually comes last and maybe
stated thus: Signed in the City of Baguio, Philippines, this ___ day of
_____________, 20___.
Basic Template of a Contract/ Agreement

The form must contain the essential elements of a contract parties, object,
consideration, and consent.
(TITLE OF CONTRACT/ AGREEMENT)

68
114

This (type of agreement/contract), made and entered into this __ day of _______,
20__ in __________, Philippines, by and between:
(Name of Corporation), a corporation duly organized and existing under
Philippine law with offices at (Postal Address) herein after collectively referred to as the
(indicate a label for party 1 for easy identification, example VENDOR) represented
by its (Representatives Position), (Representatives Name);
-and(Full Name), (Nationality), of legal age, (Civil Status: if married, indicate name
of spouse; if property is co-owned, indicate the name of both spouses together under
Full name, example: SPOUSES DIEGO and GABRIELA SILANG), with postal address
and presently residing at (Postal Address) hereinafter referred to as the (label for party
2, example VENDEE);
WITNESSETH:
WHEREAS (Object and Consideration of the Contract/Agreement)
THEREFORE (Consent of both parties)
__th day of ________, 20___, Philippines.
(Sgd.)Name of Corporate Representative
Name of Corporation
Label
(Sgd.) Name of Party 2

Label
WITH MARITAL CONSENT: (When necessary)

(Sgd.) Spouses Name
Name of Witness 1
Name of Witness 2
ACKNOWLEDGMENT
Form 21. Basic Template of a Contract
Form 22a. Memorandum of Agreement
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT made and entered into by and between:
115
The GOVERNMENT OF BAGUIO CITY CITY ANTI-DRUG COUNCIL, a public

corporation existing by virtue of Philippine Laws, with principal address at City Hall, Baguio
City, herein represented by its CADAC Action Officer, the Honorable MELANIE A.
MARQUEZ, and hereinafter referred to as the FIRST PARTY;
- and The BAGUIO CENTER FOR YOUNG ADULTS, INC. (BCYA), an accredited Nongovernment Organization of the City Government of Baguio and existing under and by virtue of
the laws of the Philippines with principal office address at 33 Assumption Road, Baguio City,
represented by its Executive Director, GLORIA A. DIAZ, herein hereinafter referred to as the
SECOND PARTY.
WITNESSETH:
WHEREAS, a fund was allotted by the City Anti-Drug Council specifically for the
Government of Baguio Citys priority development projects;
WHEREAS, the City has identified Drug Prevention and Education as among its
priority concern;
WHEREAS, the First party agrees to grant the Second Party the financial assistance in
the amount of Four Hundred Thousand Three Hundred Twenty Pesos Only (Php400, 320.00);
NOW THEREFORE, for and in consideration of the foregoing premises, parties herby
agree as follows:
1. That the FIRST PARTY shall grant the SECOND PARTY the fund allotted under the
City Anti-Drug Abuse Fund;
2. The FIRST PARTY shall monitor all activities as contained in the Project Proposal
entitled Life Planning as Resource Intervention for Drug Prevention and Education
(Life-PRIDE) Year 4;
3. The a SECOND PARTY shall submit Terminal & Financial Reports to the CADAC
Action Officer; and
4. All financial disbursements shall be subject to existing auditing and accounting rules &
regulations.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 4th day of
April 2011, at Baguio City, Philippines.
GOVERNMENT OF BAGUIO CITY
116
BAGUIO CENTER FOR YOUNG

ADULTS
Represented by:
Represented by:
MELANIE A. MARQUEZ
CADAC Action Officer
City Vice Mayor
GLORIA A. DIAZ
Executive Director
JOSEPH K. WANG
AIRA A. MONTERO
ACKNOWLEDGMENT
Form 22b. Agreement with Waiver, Release and Quitclaim
COMPROMISE AGREEMENT
117
NOTARY PUBLIC
Roll No.
8689
This Memorandum of Undertaking With Waiver, Release and Quitclaim, executed this
3rd day of January 2013 in La Trinidad, Benguet by and among:
MANUEL A. KALANG-AD and ELEAZAR B. GODOY, all of legal age, married, with
postal address at Rainbows End, Tomay, La Trinidad, Benguet herein represented by MIKE P.
PONGAS by virtue of a Special Power of Attorney executed on February 12, 2010, and
hereinafter referred to as the FIRST PARTIES;
ST. LUKES HOSPITAL, doing business under the name and style as ST. LUKES
HOSPITAL, a corporation duly organized and existing under Philippine laws, with business
address at Quezon City, herein represented by its Medical Director, DARLY C. IGLESIAS,
M.D., hereinafter referred to as the SECOND PARTY; and
DR. GUNTHER D. THOMAS, and DR. JORDAN E. PALINGPINGAN with
postal address at c/o ST. LUKES HOSPITAL, Quezon City hereinafter referred to as the THIRD
PARTIES;
WHEREAS, the FIRST PARTIES are the plaintiffs in Civil Case No. 94-1602, entitled "
TONY P. PARKER, et al.," versus "ST. LUKES HOSPITAL., et al.," pending in the Regional Trial
Court of La Trinidad, Benguet Branch 56 (Civil Case No. 10-0003), hereinafter referred to as the
"Pending Case";
WHEREAS the SECOND PARTY and THIRD PARTIES are the defendants in said
Pending Case;
WHEREAS, all the parties are desirous of settling amicably the Pending Case, which as
been pending for almost two (2) years, and thereby put to rest a long and costly litigation;
NOW, THEREFORE, in consideration of the foregoing premises, the parties hereby
undertake as follows:
1. The SECOND PARTY shall voluntarily undertake the following:
1.1. to make available to LEON P. GUERERO a private room at the ST. LUKES
HOSPITAL which is appropriate/adequate, considering his present medical condition,
including the continued use of the hospital bed he is now using and a sofa bed, all free of
charge and for as long as he remains clinically alive and in need of medical attention; and
1.2. provide LEON P. GUERERO, likewise free of charge, medicine, drugs, lifesupport systems, medical equipment and other facilities, medical assistance,
neurological treatment and other appropriate medical services from competent nurses,
doctors or specialists which may be advisable or necessary to maintain her in her
present condition, including treatment of complications or illnesses of whatever kind or
nature which may arise from said treatment or condition.
2. The THIRD PARTIES, individually, undertake to make available their expertise or
services when and as needed by LEON P. GUERERO, upon request by the FIRST PARTIES or
118
the SECOND PARTY: Provided, that, if for any reason whatsoever the THIRD PARTIES are
unable to do so, they shall exert their best efforts to make available the services of a substitute
doctor or specialist, likewise free of charge.
3. The parties agree to, and shall cause, the dismissal, with prejudice, of the Pending
Case, including all claims and counterclaims therein, and agree not to file any similar case,
whether civil, administrative or criminal, of any kind or nature whatsoever, arising from the
same facts, incident, claim, cause or causes of action.
4. Except as provided in paragraphs 1 and 2 hereof, the parties hereby mutually,
irrevocably, freely and voluntarily release and forever discharge one another, including the
officers, directors, employees, stockholders, successors-in-interest of the SECOND PARTY and
the heirs and assigns of the THIRD PARTIES, from any and all manner of action, causes of
action, sum of money, damages, liability, responsibility, obligation, claims and demands
whatsoever in law or equity, which they had, now have, or may have against each other,
including, but not limited to, actual, moral, exemplary and all other damages or causes of action
provided for under the law, if any, arising, directly or indirectly, from the facts and
circumstances giving rise to, surrounding or arising from the complaint and/or counterclaims in
the Pending Case , all of which claims or causes of action by these presents the parties hereby
abandon and waive.
5. This agreement shall not in any way be construed as an admission on the part of any
party of any fault, negligence or liability, of whatever kind and nature, in connection with the
Pending Case.
6. In case of material breach of the terms and conditions of this agreement, the innocent
party is hereby authorized to apply for a writ of execution in the Pending Case for the purpose of
compelling compliance with the terms and conditions of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hand this 2 nd day of
January 2013 in La Trinidad, Benguet.
First Parties
MANUEL A. KALANG-AD
MIKE P. PONGAS, for

ELEAZAR B. GODOY
Second Party
ST. LUKES HOSPITAL
DARLY C. IGLESIAS, M.D.
119
Medical Director
Third Parties
DR. GUNTHER D. THOMAS
DR.JORDANE. PALINGPINGAN
Witnessed By:
APRIL T. TOLERO
RONA C. ESTRADA
ACKNOWLEDGMENT
Form. 22c. Contract for a Piece of Work
CONTRACT FOR A PIECE OF WORK

This CONTRACT OF EMPLOYMENT entered into by and between:
120
SIJEN MARKETING, INC., an agency duly existing under Philippine Laws, with
office address at Unit 168 PortaVaga Commercial Bldg., Session Road, Baguio City, Philippines,
herein represented by its General Manager JANET A. BANIQUED, single, of legal age,
Filipino Citizen, with residence and postal address at Simsim Compound, Maria Basa, Baguio
City, Philippines hereinafter referred to as the EMPLOYER;
-andABIGAIL B. SARANDI, single, of legal age, Filipino Citizen, with residence and postal
address at JC 074 Brgy. Pico, La Trinidad, Benguet, Philippines hereinafter referred to as the
EMPLOYEE.
WITNESSETH:
WHEREAS, the EMPLOYER desires to engage the services of the EMPLOYEE for a
PIECE OF WORK at TL MANPOWER SERVICES, INC. and the EMPLOYEE is willing to accept,
work and extend his services to the EMPLOYER as desired under the following terms and
conditions, to wit:
DESIGNATION:
The Employee shall be hired as a MACHINE OPERATOR;
SALARY:
The Employee shall be paid after operation of TWENTY THOUSAND PESOS (Php
20,000.00);
CONTRACT DURATION:
It is hereby agreed that the EMPLOYEE shall be hired as such for a Provided, however,
that upon the expiration of this contract any extension of employment granted to the
EMPLOYEE shall not be deemed as automatic renewal and instead should be covered by a
separate contract; Provided, further, that any work extended by the EMPLOYEE after the
expiration of this contract and with the consent of the EMPLOYER shall be paid PRO RATA;
TERMINATION OF CONTRACT:
Either party may pre-terminate this contract, PROVIDED, that the party concerned shall
serve written notice to the other of his/her intention to terminate the same at least ONE (1)
MONTH prior to the intended termination. PROVIDED, further, that should the EMPLOYEE
desires to terminate this contract he/she shall surrender any document or accountability
entrusted to him/her in relation to his/her employment.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 2nd
121
day of January 2013, in the City of Baguio, Philippines.
SIJEN MARKETING, INC.

Represented by:
JANET A. BANIQUED
General Manager
ABIGAIL B. SARANDI
GLADY MAE S. TALAN
AARON T. KIAT-ONG
ACKNOWLEDGMENT
Form 22di. Contract of Employment (Contractual)
CONTRACT OF EMPLOYMENT
122
P&G CONSULTING FINANCIAL, a sole proprietorship duly existing under

Philippine Laws, with office address at 3/F Laperal Building, Session Road, Baguio City, herein
represented by its sole proprietor ELVIS L. GABAT, single, of legal age, Filipino Citizen, with
residence and postal address at No. 34 Palma Road, Baguio City, Philippines hereinafter
referred to as the EMPLOYER;
-andWILLIAM M. CLAVER, single, of legal age, Filipino Citizen, with residence and postal
address No. 10 Brookspoint, aurora Hill, Baguio City, hereinafter referred to as the
EMPLOYEE.
WITNESSETH:
WHEREAS, the EMPLOYER desires to engage the services of the EMPLOYEE as
CONTRACTUAL EMPLOYEE at A &A PREMIERE FINANCING and the EMPLOYEE is
willing to accept, work and extend her services to the EMPLOYER as desired under the
following terms and conditions, to wit:
A. DESIGNATION:
The Employee shall be hired as a CONTRACTUAL AUDITING ASSISTANT;
B. SALARY:
The Employee shall be paid a monthly salary of TWENTY THOUSAND PESOS (Php
20,000.00);
C. CONTRACT DURATION:
It is hereby agreed that the EMPLOYEE shall be hired as such for a period of ONE (1)
YEAR which shall be renewable upon the mutual consent and agreement of the parties.
Provided, however, that upon the expiration of this contract any extension of employment
granted to the EMPLOYEE shall not be deemed as automatic renewal and instead should be
covered by a separate contract; Provided, further, that any work extended by the EMPLOYEE
after the expiration of this contract and with the consent of the EMPLOYER shall be paid PRO
RATA;
D. TERMINATION OF CONTRACT:
Either party may pre-terminate this contract, PROVIDED, that the party
concerned shall serve written notice to the other of her intention to terminate the same at least
ONE (1) MONTH prior to the intended termination. PROVIDED, further, that should the
EMPLOYEE desire to terminate this contract she shall surrender any document or
accountability entrusted to her in relation to her employment.
123
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 3rd
P&G CONSULTING FINANCIAL

Employer
WILLIAM M. CLAVER
Employee
Represented by:
ELVIS L. GABAT
Sole proprietor
GLORY PEARL D. AMWAO
KARINA C. HUMIDING
ACKNOWLEDGMENT
Form 22dii. Contract of Employment (Probationary)
124
B & BSUPER FINANCING, a sole proprietorship duly existing under Philippine Laws,
with office address at 3/F Laperal Building, Session Road, Baguio City, herein represented by its
sole proprietor KAREN A. GARCIA, single, of legal age, Filipino Citizen, with residence and
postal address at No. 34 Palma Road, Baguio City, Philippines hereinafter referred to as the
EMPLOYER;
-andJAKE B. BASILAN, single, of legal age, Filipino Citizen, with residence and postal
address No. 11 Upper Quezon Hill, Baguio City, hereinafter referred to as the EMPLOYEE.
WITNESSETH:
PROBATIONARY EMPLOYEE at A &A PREMIERE FINANCING and the EMPLOYEE
is willing to accept, work and extend her services to the EMPLOYER as desired under the
A. DESIGNATION:
The
Employee
shall
be
hired
as
PROBATIONARY
AUDITING
ASSISTANT;
B. SALARY:
The Employee shall be paid a monthly salary of TEN THOUSAND PESOS
(Php 15,000.00);
It is hereby agreed that the EMPLOYEE shall be hired as such for a period of THREE
(3) MONTHS which shall be renewable if the EMPLOYEE succeeds to qualify to her position
as Auditing Assistant. Provided, however, that upon the expiration of this contract any
extension of employment granted to the EMPLOYEE shall not be deemed as automatic
renewal and instead should be covered by a separate contract; Provided, further, that any work
extended by the EMPLOYEE after the expiration of this contract and with the consent of the
EMPLOYER shall be considered as permission to be a regular employee therein;
The employment herein being probationary, the employer may not preterminate this contract. PROVIDED, that should the EMPLOYEE desire to terminate this
contract she shall surrender any document or accountability entrusted to her in relation to her
employment.
125
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 3rd
B & B SUPER FINANCING

Employer
JAKE B. BASILAN
Employee
Represented by:
KAREN A. GARCIA
proprietor
JEEKA K. KIMMAYONG
RENATO D. MANA-A
ACKNOWLEDGMENT
Form 22diii. Contract of Employment (Permanent)
126
GRAVITY PREMIERE FINANCING, a sole proprietorship duly existing under

Philippine Laws, with office address at 3/F Laperal Building, Session Road, Baguio City, herein
represented by its sole proprietor JOSEPHINE A. JUANBE, single, of legal age, Filipino
Citizen, with residence and postal address at No. 34 Palma Road, Baguio City, Philippines
hereinafter referred to as the EMPLOYER;
-andKEO B. LAUS, single, of legal age, Filipino Citizen, with residence and postal address
No. 10 Ambiong Road, Aurora Hill, Baguio City, hereinafter referred to as the EMPLOYEE.
WITNESSETH:
PERMANENT EMPLOYEE at DODONG PREMIERE FINANCING and the EMPLOYEE
is willing to accept, work and extend her services to the EMPLOYER as desired under the
A. DESIGNATION:
The Employee shall be hired as an AUDITOR;
B. SALARY:
The Employee shall be paid a monthly salary of THIRTY THOUSAND PESOS (Php
30,000.00);
It is hereby agreed that the EMPLOYEE shall be hired as such for a PERMANENT
PERIOD;
Either party may pre-terminate this contract, PROVIDED, that the party concerned
shall serve written notice to the other of his/her intention to terminate the same at least ONE
(1) MONTH prior to the intended termination. PROVIDED, further, that should the
EMPLOYEE desire to terminate this contract he shall surrender any document or
accountability entrusted to him in relation to his employment.
day of February 2012, in the City of Baguio, Philippines.
127
GRAVITY PREMIERE FINANCING

Employer
KEO B. LAUS
Employee
Represented by:
JOSEPHINE A. JUANBE
Sole proprietor
RENATO M. MANA-A
JEEKA B. KIMMAYONG
ACKNOWLEDGMENT
Form 22e. Contractorship Contract
CONTRACTORSHIP CONTRACT
This CONTRACTORSHIP CONTRACT made and executed into by and between:
128
SHERLYN S. PAQUIT, of legal age, Filipino citizen, with residence and postal address
at No. 98 Purple Lane, Ridgewood Subdivision, Guisad Road Baguio City, Philippines,
hereinafter referred to as OWNER,
-andARROYO BUILDERS, INC., a company duly organized and existing under the laws of
the Philippines, with principal office and address at No. 39 Upper Bakakeng, Baguio City,
Philippines, represented herein by its Engr. LAARNI B. ARROYO, hereinafter referred to as
CONTRACTOR.
WITNESSETH:
WHEREAS, the OWNER is desirous that certain works, namely the Finishing Works
of a Three-Storey Residential Building, located at the property compound at Ridgewood
Subdivision, Guisad Road, Baguio City, Philippines, hereinafter referred to as the PROJECT,
be provided and executed by the CONTRACTOR on a Lump Sum Cost Contract basis for its
Design & Construct, Supply & Installation, and has accepted a tender by the CONTRACTOR for
the execution and completion of the PROJECT and the remedying of any defects therein;
WHEREAS, the CONTRACTOR represents and warrants that it has the sufficient
experience, capabilities and competence to undertake the WORKS with its full sincerity,
cooperation, good faith and equality;
WHEREAS, the CONTRACTOR has offered its services and the OWNER has accepted
the offer of the CONTRACTOR to undertake the aforesaid specified WORKS under the terms
and conditions hereinafter specified;
NOW, THEREFORE, for and in consideration of the foregoing premises and the
mutual covenants and undertakings hereinafter set forth, the parties hereto agree as follows:
Article I Contract Document
This Contract Document composed of the Plans & Specifications Approved by the City
Engineers Office, Baguio City, Philippines.
Article II - Scope of Work
The CONTRACTOR shall undertake the Design &Construct, Supply & Installation of the
PROJECT in accordance with his tender proposal submitted to the OWNER for approval more
particularly described in the Bill of Materials dated January 3, 2012.
In the event that the OWNER requires the CONTRACTOR to perform work in addition to
and/or different from the Scope of Services provided on Contract Proposal Document, a
corresponding payment shall be made to the CONTRACTOR the amount as per their Contract
Unit Prices, or as may be negotiated between the subject Parties.
Article III Contract Price
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For and in consideration of the services to be rendered by the CONTRACTOR for the provision
and execution of the project works as herein above specified, the OWNER shall pay the
CONTRACTOR the Lump Sum Amount of
TWO MILLION EIGHT HUNDRED TWENTY THOUSAND PESOS- (Php
2,820,000.00) hereinafter referred to as the CONTRACT AMOUNT, subject to such
addition thereto or deductions there from as may be made under the provisions of the
Contract.
Article IV Terms of Payment
ADVANCE PAYMENT. Upon execution of the Contract Agreement by the
CONTRACTOR to the OWNER, the OWNER shall pay to the CONTRACTOR the amount within
a period of five (5) working days upon receipt of CONTRACTORS invoice in the manner as
maybe charged prescribed hereunder:
Payment Schedule:
Percentage of Contract Price
Work phase
1. First Payment:
Php 800,000.00
Upon signing of Contract or Notice to

proceed from the owner.
2. Progress Payment (monthly basis)
By Progress Billing, less recoupment of

Advance Payment depending on project
progress but not to exceed 95% of contract
amount;
3. Final Payment:
***Php 95,000.00***
Upon acceptance of Owner and Issuance of

Certificate of Final Completion and
Acceptance;
PROGRESS PAYMENT. The OWNER shall pay to the CONTRACTOR, for work
accomplished based on progress billings, not more than twice a month, submitted by the
CONTRACTOR to the OWNER and recommended for payment by the Construction Manager.
Payment of progress billings shall be made within FIVE (5) working days after submission of the
billing duly certified by the Representative. All payments shall be subject to recoupment of
advance payment.
No payments made, by virtue of the provisions, shall be construed as a waiver of claims
by the CONTRACTOR for any defect in the PROJECT WORKS.
Article V - Time of Completion
It is agreed that time is an essential element of this AGREEMENT and, therefore, the
PROJECT WORKS called for under this AGREEMENT, shall commence on April 1, 2012 and
shall be completed on November 1, 2012.
The CONTRACTOR shall satisfactorily complete the PROJECT WORKS in accordance
with the agreed Time-Scaled Schedule with emphasis on MILESTONE activities, plans and
130
specification, and other conditions specified in the Agreement.

The project duration shall only be extended for such number of days as may be credited
thereto, corresponding to the number of days work on the project as actually suspended on
account of Force Majeure, such as, occurrence of earthquakes, volcano eruptions, outbreak of
civil disturbances, war, rebellion, insurrection, transport and other strikes affecting production
of materials vital to the project, delays in payment of billings by the OWNER, delays in
approval of revised plans/drawings, delays in approval of necessary permits from both
government and private entities, or other occurrence beyond the control of the
CONTRACTOR, provided that the CONTRACTOR files the necessary request for extension
of Completion Period within ten (10) days from the date of occurrence of the force majeure, or
the attributable causes, and the OWNER approves such request for extension in writing.
Time is of the essence of the contract. Failure of Contractor to complete the project on
time without valid reason as mentioned above will be subject to liquidated damage equivalent to
1% of the contract amount for every week of delay. Maximum penalty will be 10% of the contract
amount.
Article VI - Guarantee Against Defects
The CONTRACTOR shall conduct the performance of the Project in accordance with
the OWNERS installation procedures and standards, Projects plans and specifications, and
the General Building Code requirements. Any defects found during the course of the Project by
the OWNER shall be immediately made good by the CONTRACTOR at no additional cost to
the OWNER.
Article VII Possession of Site
The OWNER shall give the CONTRACTOR possession of the site, including right of
way as may be required to enable the CONTRACTOR to commence and proceed with the
construction of the work.
Article VIII - Permits and Licenses
All government and non-government permits necessary for the implementation of the
Project shall be secured by the CONTRACTOR with the assistance of the OWNER who shall
bear all costs, fees and other incidental charges thereof.
Article IX - Defects Liability Period
The Defects Liability period shall be for a period of twelve (12) months reckoned from
the date of the issuance of the certificate of Final Completion and Acceptance by the OWNER.
ARTICLE X - Termination of Agreement
The OWNER shall have the right to extra-judicially terminate this agreement upon
occurrence of any of the following:
(i)
The CONTRACTOR fails to comply with the agreed Time Scaled Schedule or a
maximum accumulated negative slippage of more than ten (10%) percent based from
131
the original schedule.

(ii)
The CONTRACTOR fails to maintain work-quality standards as specified in the

drawing & specifications and as required by the OWNER.
(iii)
The CONTRACTOR fails to assign full-time qualified, experienced & competent

Project Manager, Construction Foremen, and Engineer Supervisor and trades
craftsmen.
(iv)
The CONTRACTOR fails to comply with any of the other terms and conditions of
this Agreement.
The CONTRACTOR shall be entitled to payment under this contract ONLY. In the event of
the amount of the estimated cost remaining unpaid shall exceed the expenses incurred by the
OWNER up to such excess, but should the balance be less than the aforementioned expenses
for the completion of the Works, the CONTRACTOR shall pay the amount of such additional
expenses to the OWNER, based on the actual prevailing prices of materials, labor and
equipment rentals PLUS an attendance fee equivalent to five (5%) percent of the total expenses
incurred to complete the Works.
Article XI - Final Acceptance
Upon completion of the PROJECT, the CONTRACTOR shall clear the Work site and
surrounding properties of all refuse and dirt which shall be hauled out and leave the site in an
orderly and clean condition. The CONTRACTOR shall furthermore replace and/or repair any
damage that may have been caused by him to surrounding properties. The CONTRACTOR,
upon completion of the PROJECT, shall furnish the OWNER a copy of the final AS-BUILT
DRAWINGS as actually implemented or carried out. The CONTRACTOR shall then request
the OWNER to conduct the final inspection of the completed works. The OWNER shall, if
satisfied with the completed construction works and the submitted as-built drawings, issue a
Certificate of Final Acceptance, without prejudice to the warranties of the CONTRACTOR
stipulated in Article XI hereof. The CONTRACTOR shall not leave or abandon the Works until
such certificate is issued.
The Parties have entered into this Agreement in accordance with the Laws of the
Philippines on the date hereof.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names this 3RD day of JANUARY 2013, in the City of Baguio, Philippines.
SHERLYN S. PAQUIT
Owner
ARROYO BUILDERS, INC

Contractor
132
RONA S. ESTRADA
President
HAIL O. BUSAL
BEVERLY M. SUPSUP
ACKNOWLEDGMENT
Form 22f. Contract of Lease
CONTRACT OF LEASE
This CONTRACT OF LEASE entered into by and between:
GLADY MAE S. TALAN, single, of legal age, Filipino Citizen, with residence and
133
postal address at No. 64 Palma Road, Baguio City, Philippines hereinafter referred to as the
LESSOR;
-andAARON B. KIAT-ONG, single, of legal age, Filipino Citizen, with residence and postal
address No. 123 Ambiong Road, Aurora Hill, Baguio City, hereinafter referred to as the
LESSEE.
WITNESSETH:
WHEREAS, the LESSOR is the lawful, absolute and registered owner of a residential
house located ate No. 5/6 Genesis Point Village, Tuba, Benguet, Philippines, hereinafter referred
to as the LEASED PREMISES;
WHEREAS, LESSEE desires to lease the Leased premises and LESSOR is willing to
lease the same unto the LESSEE, subject to the terms and conditions hereinafter specified:
NOW, THEREFORE, for and in consideration of the forgoing and mutual covenant
herein contained, LESSOR does hereby lease, rent, let and deliver by way of lease unto the
LESSEE the leased premises, and the LESSEE hereby accepts the same, subject to the
following terms and conditions:
1. TERMS. This lease shall be for a fixed period of ONE (1) YEAR commencing on
February 1, 2012 and shall expire on February 1, 2013, renewable thereafter upon the
mutual agreement of the parties.
2. RENTAL. The monthly rent for the leased premises shall be SEVENTEEN
THOUSAND PESOS (P17, 000.00) to be paid by the lessee to the lessor within the first ten
days of each and every month without the need of demand.
3. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the
rent, such as when the checks are dishonored, the LESSOR at its option may terminate this
contract and eject the LESSEE. The LESSOR has the right to padlock the premises when the
LESSEE is in default of payment for one (1) month and may forfeit whatever rental deposit or
advances have been given by the LESSEE;
4. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the
leased premises to be occupied in whole or in part by any person, firm or corporation. Neither
shall the LESSEE assign its rights hereunder to any other person or entity and no right of
interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the
LESSOR'S written approval;
5. APPLIANCES. The leased premises is furnished and provided with appliances. The
Lessee shall be responsible for any and all repairs of appliances damaged through the lease
period.
6. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV,
water, Internet, association dues and other public services and utilities during the duration of
134
the lease;
7. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed
or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen
disabling cause of acts of God, as to render the leased premises during the term substantially
unfit for use and occupation of the LESSEE, then this lease contract may be terminated without
compensation by the LESSOR or by the LESSEE by notice in writing to the other;
8. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after
giving due notice to the LESSEE shall have the right to enter the premises in the presence of the
LESSEE or its representative at any reasonable hour to examine the same or make repairs
therein or for the operation and maintenance of the property, or to exhibit the leased premises
to prospective LESSEE, or for any other lawful purposes which she may deem necessary;
9. EXPIRATION OF LEASE: At the expiration of the term of this lease or
cancellation thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the
leased premises with all corresponding keys and in as good and tenable condition as the same is
now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and
effects of any kind. Non-compliance with the terms of this clause by the LESSEE will give the
LESSOR the right, at the latter's option, to refuse to accept the delivery of the premises and
compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five Percent (25%)
thereof as penalty until the LESSEE shall have complied with the terms hereof. The same
penalty shall be imposed in case the LESSEE fails to leave the premises after the expiration of
this Contract of Lease or termination for any reason whatsoever.
10. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek
judicial relief against the other, the losing party shall pay an amount of One Hundred Percent
(100%) of the amount claimed in the complaint as attorney's fees which shall in no case be less
than P50, 000.00, in addition to other costs and damages which said party may be entitled to
under the law.
11. This CONTRACT OF LEASE shall be valid and binding between the parties, their
successors-in-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures this 4th day of
January 2013, in the City of Baguio, Philippines.
GLADY MAE S. TALAN

LESSOR
AARON B. KIAT-ONG
LESSEE
SHERILYN B. BARONA
ALELI A. JOSE
135
ACKNOWLEDGMENT
Form 22g. Contract of Service

CONTRACT OF SERVICE
This CONTRACT OF SERVICE is entered into by and between:
136
ELVIS A. GABAT, of legal age, single, Filipino citizen and a resident of Number 96
Imelda Village, Baguio City hereinafter referred to as the FIRST PARTY,
-andATTY. MIKE P. PONGAS, of legal age, single, Filipino, with office address at Number
358, Pelizloy Centrum, Session Road, Baguio City, hereinafter referred to as the SECOND
PARTY,
WITNESSETH:
1. The First Party engaged the legal services of the Second Party to represent him in court
litigation;
2. The First and Second Party agreed that the payment of acceptance fees and attorneys
fees until the termination of the case shall be Seventy Five Thousand Pesos (Php75,000.00);
3. The above-mentioned amount includes;
a.
b.
c.
d.
e.
Acceptance fees
Attorneys fees
Notarial fees
Preparation of pleadings
Legal advices and Consultations
4. The above-mentioned amount does not include appearance fees per hearing;
5. It is hereby agreed that First Party shall cause the preparation of documents needed
for the notarization to be rendered by the Second Party;
6. This contract shall exists and bind the parties until the termination of court litigation;
7. Any modification or changes in this agreement shall only be effected upon a written
agreement between the parties.
IN WITNESS WHEREOF, we have hereunto set our hands this 4th day of January 2013,
ELVIS A. GABAT
First Party
ATTY. MIKE P. PONGAS

Second Party
137
ROME A. SAN JUAN
CRIS M. ONAKEL
ACKNOWLEDGMENT
Form 22h. Sub-lease Contract
SUB-LEASE CONTRACT
KNOWN ALL MEN BY THESE PRESENTS:
This agreement is made and entered into by and between:
HAIL BUSAL& ASSOCIATES INC., a corporation duly organized and existing under the
laws of the Philippines, with office address at Penthouse 1 Salamin building, 197 Salcedo Street,
138
Legaspi Village, Baguio city, represented in this act by MRS. HAIL O. BUSAL, its President,
hereinafter referred to as SUB-LESSOR
-andPRODUCTS GUBAT ESSENTIEL, INC., a company duly organized and existing under
the laws of the Philippines, represented in this act by , its director, residing at #457 Tamarind
Ext. Baguio City, hereinafter referred to as SUB-LESSEE.
WITNESSETH
Whereas, SUB-LESSOR is authorized by its LESSOR to sub-lease its leased premises
situated at Penthouse 1 Salamin Building, 197 Salcedo Street, Legaspi Village, Baguio City;
Whereas, SUB-LESSEE is willing to sublease a portion of the aforesaid leased premises by way
of desk space/s.
For and in consideration of THREE THOUSAND FIVE HUNDRED PESOS
(Php3,500.00) monthly rental fee. SUB-LESSOR hereby leases a portion of its leased premises,
particularly of desk space in favor of the SUB-LESSEE under the following terms and conditions
agreed upon by the parties:
THE LEASED DESK SPACE/ PREMISES: It is understood that the leased desk space
shall be good for ONE person only. This lease includes one (1) table, one (1) chair, including light
and water. Additional electrical equipment brought into the office, for example, computers will
be charged separately.
THE MONTHLY RENTAL: The SUB-LESSEE shall pay unto SUB-LESSOR without need
of any demand the agreed monthly rental fee of THREE THOUSAND FIVE HUNDRED PESOS
every 20th of the month. Prior to occupying desk space, One (1) month deposit and One (1)
month advance rental equivalent to such monthly rental fee shall also be paid unto the sublessor to answer for any damages to leased space or furniture of the SUB-LESSOR.
PERIOD OF LEASE: This lease agreement shall be valid from December 01, 2012 to
December 31, 2013
NATURE OF BUSINESS ACTIVITY: The SUB-LESSEE shall undertake legitimate
business only at its desk space and shall acquire, register and pay its owns licenses, duties and
taxes to the government.
WORKING HOURS: The Sub-Lessee should strictly observe working hours from 8:30
A.M. to 5:30 P.M. or while there are still MDA staff inside the office, Monday to Friday.
TERMINATION: This lease agreement shall be considered terminated upon the
expiration of the period of lease unless otherwise extended or renewed in writing by both
parties. However, the SUB-LESSOR may AT ANY TIME unilaterally terminate his lease
agreement due to nonpayment of rents and/ or violation of any provision of this agreement or
the main LESSOR terminates the SUB-LESSORS lease agreement.
IN WITNESS WHEREOF we have hereunto affixed our signature this 4 th
139
day of
JANUARY 2013 at Baguio City, Philippines.
HAIL BUSAL&.
ASSOCIATES, INC.
PRODUCTS GUBAT ESSENTIELS, INC
BY:
BY:
HAIL O. BUSAL
BEVERLY M. SUPSUP
WITNESSES:
SHERLYN S. PAQUIT
LAARNI B. ARROYO
ACKNOWLEDGMENT
Form 22i. Contract to Sell
CONTRACT TO SELL
This CONTRACT TO SELL, made and executed this 5th day of January 2013 by and
between:
DARYLL L. LOBCHOY, of legal age, single/married to AARON K. ATIPEN, Filipino,
140
and with residence and postal address at Aurora Hill, Baguio City, hereinafter referred to as
the "SELLER/VENDOR";
-andBOGART B. WANASEN, Filipino and with residence and postal address at
BALACBAC, Baguio City, hereinafter referred to as the "BUYER/VENDEE".
WITNESSETH:
WHEREAS, the SELLER/VENDOR is the absolute and registered owner of a parcel of
land consisting of LAND AREA IN WORDS seven thousand square meters, more or less, located
at Toybongan, Marcos High way and covered by Transfer Certificate of Title No. 43726489
issued by the Registry of Deeds of Baguio city
WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER /VENDOR has
agreed to sell the above mentioned property under the terms and conditions herein below set
forth;
NOW THEREFORE, for and in consideration of the total sum of One million pesos (Php:1,
000,000.00) Philippine Currency, and of the covenants herein after set forth
theSELLER/VENDOR agrees to sell and the BUYER/VENDEE agrees to buy the aforesaid
property subject to the following terms and conditions;
1.
The total consideration shall be One Million
Philippine Currency, payable as follows:
(Php: 1,000,000.00) PESOS,
a) The amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS,

representing
earnest
money
shall
be
payable
by
the BUYER/VENDEE to
theSELLER/VENDOR upon signing of this Contract to Sell;
b) The remaining balance in the amount of SEVEN HUNDRED THOUSAND (Php:
700,000.00) PESOS, shall be paid in Cash on or before September 6, 2013.
c) In case the check representing the payment for the balance provided in paragraph b
hereof, is dishonored by the drawee bank, the earnest money in the amount of THREE
HUNDRED THOUSAND (Php: 300,000.00) PESOS, shall be forfeited in favor of
the SELLER/VENDOR.
2. Capital Gains
of the SELLER/VENDOR;
Tax and
Real
Estate Tax,
shall
be
for the
account
3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other
miscellaneous fees and expenses shall be to the account of theBUYER/VENDEE;
4. Possession to the subject property shall be delivered by the SELLER/VENDOR to
the BUYER/VENDEE upon full payment of the total consideration;
5. Upon full payment of the total price, the SELLER/VENDOR shall sign and execute
141
a DEED
OF
ABSOLUTE
SALE in
favor
of
the BUYER/VENDEE. The
SELLER/VENDOR shall likewise execute and/or deliver any and all documents, including but
not limited to the original copy of Transfer Certificate of Title, Tax Declaration and all other
documents necessary for the transfer of ownership from SELLER/VENDOR to
the BUYER/VENDEE.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this 5th
day of January, 2013 at Baguio City, Philippines.
DARYLL L. LOBCHOY
Vendor
BOGART B. WANASEN
Vendee
WITH MARITAL CONSENT:
ELAINE K. LOBCHOY
Vendor's Spouse
VALISSA B. POLIG
FLORENCE A. LAMEN
ACKNOWLEDGMENT
Form 22j. Indemnity Agreement
INDEMNITY AGREEMENT
This Indemnity Agreement is entered into between Electronic Arts Inc. a corporation
incorporated under the laws of Philippines and the member of the Board of Directors of the
Company MANUEL P. PASIO.
RECITALS
142
A. The Company has provided in its Articles of Incorporation that a director's liability as a
director of the Company will be limited to the extent permitted by the Delaware Corporations
Code.
B. The Company has provided in its Bylaws that the Company will indemnify directors to the
maximum extent permitted by the Delaware Corporations Code and will advance expenses of
litigation to its directors subject to an undertaking to repay such expenses if it is determined that
they may not be reimbursed by the Company.
C. In order to induce Director to serve as a member of the Board of Directors of the
Company, the Company desires to provide Director with the following additional contractual
assurances.
NOW, THEREFORE, the Company and Director agree as follows:
1. Reimbursement of Expenses. The Company will reimburse Director for all reasonable and
necessary expenses incurred by Director in connection with Director's service as a member of
the Board of Directors of the Company.
2. Advancement of Expenses. In the event that Director at any time is, or is threatened to be,
sued or made a party to any judicial, administrative or investigative proceeding as a result of
Director's service as a member of the Board of Directors of the Company (or Director's providing
services at the request of the Company as a director, officer, employee or agent of another
corporation or other entity), the Company will, upon the request of Director (and within ten (10)
days of the presentment of invoices therefor), advance the costs and expenses, including
attorneys' fees, incurred by Director in defending such suit or other proceeding, or investigating
any such threat, subject to an undertaking by Director, if required by law, to repay the Company
if it is determined by a final judicial decision (from which there is no right of appeal) that
Director is not entitled, under applicable law, the Bylaws, or this Agreement to be indemnified
by the Company for such expenses. The burden of proving that Director is not so entitled shall
be on the Company.
3. Indemnification. The Company agrees to indemnify Director, to the maximum extent
permitted by law, against any and all liabilities, costs, expenses, amounts paid in settlement and
damages incurred by Director as a result of any lawsuit, judicial, administrative or investigative
proceeding (criminal or civil, including an action by or in the right of the Company) in which
Director at any time is sued or made a party, or is threatened to be made a party, as a result of
Director's service as a member of the Board of Directors of the Company (or Director's providing
services at the request of the Company as a director, officer, agent or employee of another
corporation or other entity). The termination of any lawsuit or proceeding by judgment, order,
settlement, conviction, or upon a plea of nolo contendre or its equivalent, shall not, of itself,
create a presumption that (i) Director did not act in good faith, (ii) Director did not act in a
manner which Director reasonably believed to be or not opposed to the best interests of the
Company or (iii) with respect to any criminal action or proceeding, Director had no reasonable
cause to believe that Director's conduct was unlawful.
4. Miscellaneous. Each of the provisions of this agreement is a separate and distinct
agreement and independent of the others, so that if any provision hereof shall be judicially
determined to be invalid or unenforceable, such determination shall not affect the validity or
enforceability of any other provision. In the event any provision hereof is determined to be
unenforceable, the provision's effect shall be deemed to be limited so as to be equal to the
143
maximum effect which would be enforceable. This Agreement shall be interpreted and enforced
in accordance with the laws within the Philippines and shall be binding upon the Company and
its successors and assigns and shall inure to the benefit of Director, his heirs, personal
representatives and assigns. No cancellation, amendment or modification of this Agreement
shall be effective unless in writing signed by both parties.
5. Attorneys' Fees. In the event that any action is instituted or claim is submitted to
arbitration by Director under this Agreement to enforce or interpret any of the terms hereof,
Director shall be entitled to be paid all court costs and expenses, including reasonable attorneys'
fees, incurred by Director with respect to such action or arbitration, unless as a part of such
action, a court of competent jurisdiction or the arbitrator(s) determines that each of the material
assertions made by Director as a basis for such claim was not made in good faith or was
frivolous. In the event of any action instituted or a claim submitted to arbitration by or in the
name of the Company under this Agreement or to enforce or interpret any of the terms of this
Agreement, Director shall be entitled to be paid all court costs and expenses, including
attorneys' fees, incurred by Director in defense of such action or claim (including with respect to
Director's counterclaims and cross-claims made in such action or arbitration), unless as a part of
such action the court or the arbitrator(s) determines that each of Director's material defenses to
such action or claim was made in bad faith or was frivolous.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 5 th day of
January, 2013.
MANUEL P. PASIO
MUSICAL ARTS INC.
Director
ACKNOWLEDGMENT
Form 22k. Partition Agreement of a Registered Land with Simultaneous

Waiver
PARTITION AGREEMENT OF A REGISTERED LAND

WITH SIMULTANEOUS WAIVER
144
This Partition Agreement of Registered Land entered into by and between:

BABY A. CODOD, of legal age, single, Filipino Citizen, with residence and postal address at
17 Kayang St., Baguio City, Philippines;
and
NENETH A. CODOD, of legal age, single, Filipino Citizen, with residence and postal
address at 18 Kayang St., Baguio City, Philippines.
WITNESSETH:
WHEREAS, the above-mentioned parties are the co-owners of that parcel of land
situated at Legarda Road, Baguio City, Philippines and covered by TCT No.T-1086 containing
an area of FIVE (5) HECTARES by virtue of that Deed of Extrajudicial Settlement of Estate,
which was entered in the Notarial Registry of Jose Velasco as Doc. No. 359; Page No. 23; Book
No. I; Series of 1959, and more particularly described as follows:
Lot 1
Transfer Certificate of Title No. T-1086Lot 1 Beginning at a point marked 1 on plan F49403, N. 86-09 E. 2680.24 m. more or less from B.L.L.M. No.1, Mpl. Legarda Road, Baguio
City, thence N. 48-43 E. 62.05 m. to point 2; N. 67-07 E. 77.72 m. to point 3; N. 64-43 E. 53.70
m. to point 4; S. 46-22 W. 98.84 m. to point 5; N. 89-46 W. 101.27 m. to point 1, point of
beginning. With an area of 0.4629 hectare. Point 3 Old G.I.S. in a tree; point 4 Nail in tree; and
the rest are B.L. Conc. Mons. Bounded on the North, by property of Severino Malitas and Public
Land; on the Southeast and South, by Creek; and on the Northwest, by property of Sudimay.
Lot 2
Beginning at a point marked 1 on plan F-49403, N. 86-24 E. 2493.38 m. more or less from
B.L.L.M. No. 1, City of Baguio, thence N. 50-37 E. 95.96 m. to point 2; S. 50-06 E. 51.70 m. to
point 3; S. 46-06 E. 45.31 m. to point 4; S. 34-48 W. 107.07 m. to point 5; S. 58-14 W. 94.21 m.
to point 6; N. 26-53 W. 119.52 m. to point 7; S. 81-56 W. 48.37 m. to point 8; N. 49-32 W.
32.95 m. to point 9; N. 36-15 E. 21.68 m. to point 10; N. 85-37 E. 105.98 m. to point 1, point of
beginning. Containing an area of 2.3318 hectares. Point 2, B.L. on Boulder; points 3,5,6 and 7,
Nails in trees; Points 4, 8 and 9, B.L. on Rocks; and the rest are B. L. Conc. Mons. Bounded on
the Northeast, by property of Tomas; on the Southeast, by creek; on the Northwest, by
properties of Insas and Mariano Casio; and on the Northwest, by Creek.
WHEREAS, the parties have caused the subdivision of the above-described real
property into TWO (2) lots as per Subdivision Plan of XXX as surveyed for XXX and they have
partitioned and adjudicated among themselves the said property and as indicated in Transfer
Certificate of Title No. 1086 as follows:
LOT 1, with an area of 3 hectares, shall be adjudicated in favor of Baby A. Codod;
LOT 2, with an area of 2 hectares shall be adjudicated in favor of Neneth A. Codod;
145
WHEREAS, the copy of Transfer Certificate of Title No. 1086 is hereto attached and
made as integral part hereof;
WHEREAS, the co-owner BABY A. CODOD, for and in consideration of her love and
NOTARY PUBLIC
affection to her personal assistant, SALOME B. AYALA single, of legal age, Filipino Citizen
and resident of La Trinidad, Benguet, Philippines, do hereby WAIVE, as she hereby WAIVED,
pro indiviso, all her rights, share and participation over the said parcel of land to her
aforementioned personal assistant;
Roll No.
WHEREAS, the parties hereby request, the Register of Deeds of Baguio8689

to issue
individual Titles in accordance with this partition agreement.
day of January 2013 in Baguio City, Philippines.
BABY A. CODOD
NENETH A. CODOD
Co-owner
Co-owner
BOY C. CERIACO
OTOY S. LEON
ACKNOWLEDGMENT
Form 22l. Partition Agreement
PARTITION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
This PARTITION AGREEMENT made and entered into by and between:
146
GIRL S. SANCHEZ, of legal age, married to BOY T. SANCHEZ, Filipino citizen, with
residence and postal address at 32 Brookside, Baguio City;
and
OTOY S. SALVADOR, of legal age, single, Filipino citizen, with residence and postal
address at 38 Brookside, Baguio City,
WITNESSETH:
THAT the PARTIES are the registered owner of an unregistered land under Assessment
of Real Property No. 99-007-09999 located in 98 New Lucban, Baguio City with a total area of
ONE THOUSAND (1,000) SQUARE METERS, more or less more particularly described as
follows:
ARP NO. 99-007-09999
Camotal land consisting of an area of ONE THOUSAND
(1,000) SQUARE METERS, more or less. Bounded on the North:
Lot 5006; East: Lot 5007; South: Public Land; West: road. With
an assessed value of Ten Thousand Three Hundred Sixty Five
Pesos (10,365.00).
THAT the PARTIES have caused the subdivision of the aforesaid parcel of land into two
(2) lots;
THAT the above Parties have agreed and covenanted, as by these Presents, do hereby
agree and covenant, that:
1. FIVE HUNDRED (500) SQUARE METERS shall appertain and belong
to GIRL S. SANCHEZ, her heirs and assigns technically described as
follows:
S.02
S.88
N.45
N.43
N.35
12W.
100 M.
55W.
100 M.
38E.
100 M.
43E.
100 M.
25E.
100 M.
2. FIVE HUNDRED (500) SQUARE METERS shall appertain and belong

to OTOY S. SALVADOR, his heirs and assigns technically described as
follows:
S.88
34W.
83 M.
147
N.49
N.45
N.88
S. 89
S. 02
55W.
46E.
55E.
01E.
12W.
84 M.
83 M.
83 M.
83 M.
83 M.
NOTARY PUBLIC
NOW THEREFORE, for and in consideration of the above agreement, the Parties herein
shall have the Assessment of Real Property No. 99-007-09999 be CANCELLED by theRoll No.
Municipal Assessors Office and in lieu thereof to issue TWO (2) new Declarations8689
of Real
Property for the two (2) lots in favor of the two (2) owners, respectively.
IN WITNESS WHEREOF, the Parties have hereunto set their hands, this 10 th day of
January 2013, in the City of Baguio, Philippines.
GIRL S. SANCHEZ
Co-owner
OTOY S. SALVADOR
Co-owner
MARIE A. ALMARIEGO
SALOU A. APIL
ACKNOWLEDGMENT
Form 22m. Business Space Lease Agreement
BUSINESS SPACE LEASE AGREEMENT

This LEASE AGREEMENT is executed and entered into by and between:
148
MARUEL A. COLNOG, of legal age, single, Filipino citizen, with residence and postal
address at Unit 2 Genesis Point Village, Irisan, Baguio City, hereinafter referred to as the
LESSOR;
and
LARRY A. OMANEY, single, of legal age, Filipino citizen, with residence and postal
address at Gibraltar Road, Baguio City, hereinafter referred to as the LESSEE.
WITNESSETH:
PREMISES LEASED:
The LESSOR shall allow the LESSEE to rent/lease the lower and/or basement portion of
a Commercial Building located at Number 4 Jose Sumulong St., Baguio City. The basement
portion has two (2) partitions with separate entries, viz:
1. One partition with ingress from the front gate/garage which is not included in the
lease contract;
2. One partition with entry outside and adjacent the gate is the exact location of the
leased premises.
Beginning from the Northwest side along the main road fronting the gate until the
interior portion Northeast to Southeast portion or specifically the left portion of the
basement fronting the main gate is not included the lease. The LESSEES occupation is
only and specifically outside the main gates perimeter or the right portion of the
residential buildings basement situated at Southwest until the Southeast portion with
reference point facing the residential building from the main road (Sumulong Street);
PERIOD OF CONTRACT, RENTAL, DEPOSIT, DUE DATE AND SURCHARGES:
This contract of lease shall be binding and enforced for the period of one (1) year
beginning from January 11, 2013 until January 11, 2014.
The contract shall not be renewed after January 11, 2014.
In case there is valid cause to pre-terminate this contract, the party pre-terminating the
same shall give notice to the other at least a month prior to the effectivity of pre-termination.
The monthly rental shall be TWENTY THOUSAND PESOS (PhP20,000.00) payable
every last day of the applicable month starting on February 11, 2013. The rental for the period
January 11, 2013 to January 31, 2013 amounting to PhP12, 000.00 shall be paid not later than
February 14, 2013.
149
The LESSEE agrees that the deposit in the amount of TWENTY THOUSAND PESOS
(PhP20,000.00)for the previous lease contract shall apply to this contract. The deposit shall be
returned to the LESSOR one month after the expiration of this contract less whatever utility bills
and damages incurred by the LESSOR.
NOTARY PUBLIC
8689
In the event that the LESSEE would be delayed in the financial obligation and the
payment would only take effect on or before 10 th of the succeeding month, a 10 th surcharge is
added to the previous monthly rental dues. Another 10 th surcharge would be meted the delayed
payment
if such would be concluded after the succeeding months ending.
Roll
No.
TERMS AND CONDITIONS OF THE LEASE:
1. The LESSEE shall, at his sole exclusive account and responsibility, pay the electric and
water bills pertaining to the leased premises;
2. The LESSEE shall not make any alteration, modification and/or change or in any
manner introduced improvements or repair in the leased premises whether minor or
major, temporary or permanent, unless otherwise with the written consent and approval
of the LESSOR. The LESSEE is legally liable of any damages incurred in the alteration of
the leased property and shall at her expense pay such damages.
Specifically for improvements of the rented premises negotiated to the LESSOR,
expenses shall be
shouldered solely by the LESSEE as deem fit for its intended purposes.
These improvements shall in no way be destroyed and/or altered by the LESSEE should this
contract be terminated with reason or
due cause;
3. The LESSEE shall in no case sub-lease the rented premises;
4. The LESSEE shall be obligated to maintain sanitation in the premises and observe
proper waste disposal of garbage;
5. The LESSEE is obliged to install anti-fire gadgets and/or fire extinguishers for fire
prevention which shall not be taken away after the termination of the contract. The
LESSEE shall strictly prohibit smoking in the rented premises;
6. Liquefied gas (LPG) for cooking purpose only is allowed for use. No flammable material
of any kind whatsoever shall be used, stored or maintained by the LESSEE in the leased
premises.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 10th day of
January 2013 in the City of Baguio, Philippines.
MARUEL A. COLNOG
Lessor
LARRY A. OMANEY
Lessee
150
JADE A. DOLIENTE
GRACE A. TACWANG
ACKNOWLEDGMENT
MISCELLANEOUS FORMS
POWERS OF ATTORNEY
A power of attorney is an instrument authorizing a person to act as the agent or attorney of
the person granting it.69 The maker, known as the principal gives authority to an attorney-infact to act on the principals behalf.
69
151
Types of Power of Attorney

General Power of Attorney
A general power of attorney gives the agent all the powers that the principal possesses to act
with respect to any matter falling under ordinary circumstances.
Special Power of Attorney

Article 1878 of the Civil Code expressly requires a Special Power of Attorney in the following
instances:
1. To make such payments as are not usually considered as acts of administration;
2. To effect novations which put an end to obligations already in existence at the time the
agency was constituted;
3. To compromise, to submit questions to arbitration, to renounce the right to appeal from
a judgment, to waive objections to the venue of an action or to abandon a prescription
already acquired;
4. To waive any obligation gratuitously;
5. To enter into any contract by which the ownership of an immovable is transmitted or
acquired either gratuitously or for a valuable consideration;
6. To make gifts, except customary ones for charity or those made to employees in the
business managed by the agent;
7. To loan or borrow money, unless the latter act be urgent and indispensable for the
preservation of the things which are under administration;
8. To lease any real property to another person for more than one year;
9. To bind the principal to render some service without compensation;
10. To bind the principal in a contract of partnership;
11. To obligate the principal as a guarantor or surety;
12. To create or convey real rights over immovable property;
13. To accept or repudiate an inheritance;
14. To ratify or recognize obligations contracted before the agency;
15. Any other act of strict dominion.
Form 23a. Contract for Legal Services
CONTRACT FOR LEGAL SERVICES

This CONTRACT FOR LEGAL SERVICES made and entered into by and between:
152
FOOD FOR THE BODY, a sole proprietorship organized and existing under the laws of
the Philippines with office address at No. 37 Kisad Road, Baguio City, Philippines, represented
by its proprietor, BASSA P. SUNGA, single, of legal age, Filipino citizen, with residence and
postal address at No. 35-C Campo Sioco, Baguio City, Philippines, hereinafter referred to as the
CLIENT;
-andESTRADA and ASSOCIATES, represented by RONA C. ESTRADA, Attorney-At-Law,
with office address at 4F La Azotea Bldg., Session Road, Baguio City, Philippines, hereafter
called the COUNSEL.
WITNESSETH:
FOR AND IN CONSIDERATION of being the retained counsel for FOOD FOR THE
BODY for a period beginning January 1, 2012 until revoked in writing, COUNSEL hereby agrees
to do and perform the following tasks, to wit:
CONSULTATION: on all legal matters, problems and issues affecting and related to the
business concerns of client. Counsel may be consulted at any time and whenever needed;
provided that Tuesday and Wednesday afternoons of every week shall be devoted by Counsel for
purposes of attending to the legal concerns of the client.
DOCUMENTATION / NOTARIAL SERVICES: To prepare and draft legal papers and to
notarize deeds, contracts and affidavits and other instruments required and needed by client in
the course of its business;
TRIAL WORK: To represent and appear as counsel for the client in court or any agency
or tribunal where the client is either plaintiff or defendant in any case or action now pending or
henceforth to be filed. It is understood that counsel shall not be paid any acceptance fee for cases
handled by him. However, client agrees to pay him appearance fees based on prevailing legal
rate and other expenses necessary to enable him to attend out - of - town trial such as travel,
food and hotel expenses, if and when necessary;
OTHER LEGAL WORKS: To do and perform such other legal works necessary to enable
the client to effectively operate his business.
FOR AND IN CONSIDERATION of legal services rendered by counsel, CLIENT shall
pay:
MONTHLY RETAINERS FEE: In the amount FIVE THOUSAND FIVE HUNDRED
PESOS (P5,500.00) to be paid on or before the 5th day of each month;
APPEARANCE FEE: This shall be paid if counsel appears before courts, labor arbiters, or
quasi-judicial agencies. For cases in Baguio City or Benguet, in the amount of ONE THOUSAND
PESOS (P1, 000.00), per appearance; for out-of-town cases: ONE THOUSAND FIVE
153
HUNDRED PESOS (P1, 500.00). Further, client undertakes to pay costs of litigation such as
filing / docket fees, payment of transcript of stenographic notes, expenses for evidence
gathering, other incidental expenses, memorandum and appeal fees, if necessary.
IN WITNESS WHEREOF, the parties hereto have set their hands this 11th day of
February 2012, in the City of Baguio, Philippines.
FOOD FOR THE BODY
ESTRADA and ASSOCIATES
Represented by:
Represented by:
HAIL O. BUSAL
Proprietor
RONA C. ESTRADA
Counsel
JANET D. BANIQUED
WILLIAM C. CLAVER
ACKNOWLEDGMENT
Form 23b. General Power of Attorney
GENERAL POWER OF ATTORNEY

I, JUVENAL HERNANDEZ, single, of legal age, Filipino Citizen, with residence and
postal address at #341 Loakan Maridit, Baguio City, Philippines, DO HEREBY NAME,
154
CONSTITUTE AND APPOINT, MARY GRACE VALDEZ, of legal age, single, Filipino, and a
resident of OD 110-F Banig, Tawang, La Trinidad, Benguet, Philippines, to be my true and lawful
attorney-in-fact, for me and in my name, place and stead to perform the following acts:
1. To manage and administer all my property, real and personal, that may be found in the
Philippines;
2. To ask demand, sue for, recover, collect and receipt for any and all sums of money, debts,
accounts, legacies, bequests, interest, dividends, demands, and other things of value of
whatsoever nature or kind as may now be or may hereafter become due, owing, payable
or belonging to me , and to have, use and take any and all lawful ways and means for the
recovery thereof by suit, attachment, garnishment or otherwise, and to compromise,
settle and agree for the same;
3. To buy or negotiate for the sale, hire or lease, mortgage, or otherwise hypothecate lands,
tenements and hereditaments or other forms of real property, upon such terms and
conditions and under such covenants as my said attorney-in-fact shall see fit and proper;
4. To purchase and sell, mortgage pledge or otherwise hypothecate goods, wares,
merchandise, chattels, and other personal property or in action;
5. To attend any and all meetings, special, regular, ordinary or extraordinary, of any and all
firms, corporations, association, or other concerns of which I may now be or hereafter
become a member or stockholder, and then and there to exercise my voice and vote and
whatsoever other privileges, rights and prerogatives as may correspond to me by reason
of my membership, shares or other participation therein;
6. To make, sign, execute and deliver contracts, documents, agreements, and other writings
of whatever nature or kind, with any and all third persons, concerns, or entities, upon
terms and conditions acceptable to my said attorney;
7. To prosecute and defend any and all suits, actions and other proceedings in the courts,
tribunal, departments and offices of the government of the Philippines, and to terminate,
compromise, settle and adjust the same and the subject-matter thereof.
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 all that my said attorney or his
substitute shall lawfully do or cause to be done under and by virtue of this presents.
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of January 2013
NOTARY PUBLIC
JUVENAL HERNANDEZ
Principal
8689
155
Roll No.
Conforme:
MARY GRACE VALDEZ

Attorney-in-fact
LAARNI GAY C. ARROYO
ROSALYN QUERIDA
ACKNOWLEDGMENT
Form 23ci. Special Power of Attorney
SPECIAL POWER OF ATTORNEY

WE, AARON A KIAT-ONG and GLADY MAE T. KIAT-ONG, both of legal age,
Filipino citizens, with residence and postal address at No. 37 Barangay Ferdinand, Campo Sioco,
156
Baguio City, hereby NAME, CONSTITUTE ANDAPPOINT ABIGAIL P. SARANDI, single, of

legal age, with residence and postal address at No. 132-B Fairview Subdivision, Baguio City,
Philippines, as our true and legal representative to act for and in our names and stead, within a
period of ONE (1) YEAR, and to perform the following acts, deeds and things, to wit:
To sell, offer for sale, and come to an agreement as to the purchase price, and thereafter
to sign for us and in our name and receive payment from the sale of our property, a motor
vehicle, more particularly described as follows:
Make & Series: Mitsubishi Lancer 2004 Model
Engine No.: VN - 139731
Chassis No.: JNBGP7362V6217830
Plate No.: WTJ 476
MV File No.: 1123 0000042831A
Type of Body: SUV
To sign, execute and deliver the Deed of Absolute Sale, contract or any other instrument
or document of whatever kind, as may be necessary or proper as said Attorney-in-Fact may, in
her discretion, deem to be our best interest.
To demand, collect, receive and accept the proceeds thereof, the purchase price be on the
amount of SIX HUNDRED THOUSAND PESOS (Php600,000.00), in cash or in check, and, if in
check, to endorse and encash the same in any third party and/or any bank or banking
institution.
HEREBY GRANTING unto our representative full power and authority to execute and
perform every act necessary to render effective the power to sell the foregoing properties, as fully
to all intents and purposes as we might or could do if personally present shall lawfully do or
cause to be done by virtue of these presents with full power of substitution and revocation, and
HEREBY RATIFYING AND CONFIRMING ALL that our Attorney-in-fact or her substitute shall
lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, we have hereunto set our hands this 13th day of February
AARON A. KIAT-ONG
Principal
GLADY MAE T. KIAT-ONG

Principal
Conforme:
ABIGAIL P. SARANDI
Attorney-in-Fact
157
JAKE S. BASILAN
KARREN D. GARCIA
Form 23cii. Special Power of Attorney (to Mortgage Land)

I, BERNIE A. TACWANG, single, of legal age, Filipino citizen, with residence and
postal address at 73 San Luis Ext., Baguio City, Philippines, am the owner of a parcel of
residential land situated at Bakakeng, Baguio City, and more particularly described as follows:
158
TRANSFER CERTIFICATE OF TITLE NO. T-13254

A parcel of land (Lot 7, Pcs-CAR-001227) being a portion of
consolidated lots of Lots-69B-4-D & 69-B-4-B, Psd-131102-009571;
situated at Rurban Code 131102; Res. Sec. J, City of Baguio, Island of
Luzon. Bounded on the W., along line 1-2 by Lot 8 of the conso-subd. Plan;
on the N., along line 2-3 by Road Lot 9 of the conso-subd. Plan; on the E.,
along line 3-4 by Lot 6 of the conso-subd. Plan; on the S., along line 4-1 by
creek, Beginning at a point marked 1 on plan being N. 58 deg., 45W.,
317.79 m. from Triangulation BAKAKENG Baguio Townsite, thence;
N. 3 deg., 21E., 16.43 m. to point 2;
S. 86 deg., 37E., 13.00 m. to point 3;
S. 3 deg., 32W., 15.72 m. to point 4;
N. 89 deg., 44W., 12.97 m. to point of beginning;
Containing an area of TWO HUNDRED (200) SQUARE METERS, more or
less. All points are marked on the ground by Ps cyl. Conc. Mons. 15 x 40
cms. Bearings True; date of original survey on Oct. 26-30, 1925; date of
subd. Survey on 07/30/2007; executed by Engr. Ramon P. Dawas and
was approved on August 14, 2007.
WHEREAS, I am an applicant for housing loan with the Home Development Mutual
Fund covered by a security of a mortgage on the above-described property;
WHEREAS, I am, however, unable to attend to the matters in respect of raising a loan
and mortgaging the said property, and therefore, wish to appoint CACEY D. CALIXTO, of
legal age, single, with residence and postal address at #341 Loakan Maridit, Baguio City,
Philippines, as my true and lawful attorney to carry out the transaction and which she has
agreed to do.
WITNESSETH:
I, BERNIE A. TACWANG, do hereby name, constitute, and appoint CACEY D.
CALIXTO, to be my true and lawful Attorney-In-Fact for me in my name, place and stead, to do
all of the following acts, to wit:
1. To file, sign, and execute housing loan application and mortgage contract in
connection with my application from the HOME DEVELOPMENT MUTUAL FUND
for a loan in any amount that may be approved by the said institution, offering as
security for the payment of said loan the property known as TCT No.T-13254 with
Registry of Deeds under such terms and conditions as my said Attorney-In-Fact may
deem proper and convenient;
2. To sign, execute, and deliver promissory note in favor of the HOME DEVELOPMENT
MUTUAL FUND, as well as other documents that may be required by the said
NOTARY PUBLIC
institution in connection with the said loan;
159
8689
Roll No.
3. To receive the proceeds of the promissory note which my said Attorney-In-Fact may
execute in connection with the mortgage contract relative thereto, and give a valid
receipt and discharge for the same;
4. To cash, endorse, or negotiate the check that may be issued by the HOME
DEVELOPMENT MUTUAL FUND in connection with the said loan;
5. To lodge the document of mortgage for registration in the office of the Register of
Deeds and to admit execution thereof;
6. To pay the stamp duty, registration charges in respect of such document or
documents;
7. To engage an advocate or solicitor for advice and preparation and approval of the
documents to be executed and for help in investigation for making out a marketable
title to the said property;
8. To do all other acts and things required to be done incidental to the powers
hereinbefore contained.
HEREBY GRANTING AND GIVING unto my said ATTORNEY-IN-FACT full necessary
power and authority to do and perform any and every act requisite and necessary to be done in
and about the premises as fully to all intents and purposes as I might or could, if personally
present and acting in person.
HEREBY RATIFYING AND CONFIRMING all that my said Attorney-In-Fact may also
do or cause to be done under and by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hands this 11th day of January 2013,
BERNIE A. TACWANG
Principal
CACEY D. CALIXTO
Attorney-In-Fact
JURRYSON G. DAIWEY
ELLA D. POOTEN
160
ACKNOWLEDGMENT
Form 23ciii. Special Power of Attorney (Real Estate Lease)

That I, KARINA D. HUMIDING, currently residing at #43 Quezon Hill, Baguio City,
161
by this document do make and appoint GLORY PEARL P. AMWAO, whose present address
is Unit 12 Loakan Road, Baguio City, as my true and lawful attorney-in-fact to do and execute or
to act with persons jointly interested with myself therein in the doing or execution of any or all
of the following acts or things:
For me and in my name to rent, lease, receive, accept or otherwise acquire in my place
and for my account property suitable for living quarters located in Aurora Baguio City for a fixed
period of time upon such terms, considerations, and conditions as my said attorney-in-fact shall
think proper. Said attorney-in-fact is authorized to take possession of and to enter into such
property; also, to guard, defend, possess and otherwise secure all property, be it personal or
mixed, contained in or attached to said premises. To deposit in my name any amount of funds
to effectuate a security deposit for said premises. In the event of damage to said property,
intentionally or otherwise, to initiate, maintain, compromise or otherwise dispose of any legal or
equitable suit or claim against the other party causing the damage for the loss, and to receive
payment in reimbursement for said loss.
I HEREBY GIVE AND GRANT TO my said attorney-in-fact full power and authority to
perform every act and thing whatsoever that is necessary or appropriate to accomplish the
purposes for which this Power of Attorney is granted, as fully and effectually as I could do if I
were present; and I hereby ratify all that my said attorney-in-fact shall lawfully do or cause to be
done by virtue of this document.
PROVIDED, however, that all business transacted hereunder for me or for my account
shall be transacted in my name, and that all endorsements and instruments executed by my said
attorney-in-fact for the purpose of carrying out the foregoing powers shall contain my name,
followed by that of my said attorney-in-fact and the designation "attorney-in-fact."
I FURTHER DECLARE that any act or thing lawfully done hereunder by my said
attorney-in-fact shall be binding on myself and my heirs, legal and personal representatives and
assigns, whether the same shall have been done either before or after my death, or other
revocation of this instrument, unless and until reliable intelligence or notice thereof shall have
been received by my said attorney-in-fact.
TERMINATION: This power of attorney shall remain in full force or effect until
December 30, 2013, unless sooner revoked or terminated by me.
IN WITNESS WHEREOF, I have hereunto set my hands this 9th day of January 2013, in
KARINA GRAILE C. HUMIDING

Principal
GLORY PEARL D. AMWAO

Attorney-In-Fact
162
KAR H. CHUCHANA
AU A. DAIWEY
ACKNOWLEDGMENT
Form 23civ. Special Power of Attorney (To Represent a Client)

BY THIS POWER OF ATTORNEY I, RENE A. MANAA son of ROY D. MANAA residing
at Bakakeng, Baguio City plaintiff in civil suit No 765893of unlawful detainer hereinafter
referred to as the said suit, pending in the court of the Municipal trial Court of Baguio City
163
Branch VI of hereby nominate, constitute and appoint JAKE E. BASILAN son of ROMMEL
D. BASILAN resident of Tuba, Benguet as my attorney for me, in my name and on my behalf to
do or execute all or any of the following acts or things in connection with the said suit:
1. To represent me before the said court or in any other, where the said suit is transferred
in connection with the said suit.
2. To engage or appoint any solicitor, counsel, advocate, pleader or lawyer to conduct the
said suit.
3. To prosecute the said suit and proceedings, to sign and verify all plaints, pleadings,
applications, petitions or documents before the court and to deposit, withdraw and receive
document and any money or moneys from the court or from the defendant either in execution of
the decree or otherwise and sign and deliver proper receipts for me and discharges for the same.
4. To apply for inspection and inspect documents and records, to obtain copies of
documents and papers.
5. To compromise the suit in such manner as the said attorney shall think fit.
6. To do generally all other acts and things for the conduct of the said suit as I could have
done the same if I were personally present.
And I hereby for myself, my heirs, executors, administrators and legal representatives,
ratify and confirm and agree to ratify and confirm whatsoever our said attorney shall do or
purport to do by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hands this 9th day of January 2013, in
RENE A. MANA-A
Principal
JAKE E. BASILAN
Attorney-In-Fact
164
ELEAZAR W. GODOY
MANUEL L. KALANG-AD
ACKNOWLEDGMENT
Form 23d. Waiver, Release, and Quitclaim
WAIVER, RELEASE AND QUITCLAIM
165
I, GLORY A. AMWAO, Filipino, of legal age, single and a resident of No. 89-C Military
Cut-off, Baguio City, Philippines, after being sworn to in accordance with law, hereby depose
and state:
1. That by these presents, I hereby state that I have voluntarily resigned as STAFFNURSE
of ALL IS WELL HOSPITAL located at No. 67 Magsaysay Avenue, Baguio City;
2. That I hereby acknowledge to have received from my employer the sum of ONE
HUNDRED THOUSAND PESOS (P100,000.00) which is in full and final satisfaction of
my salary and other benefits that may be due me for the service which I have rendered for the
latter;
3. That I hereby declare that I have no further claims whatsoever against my employer,
its President, members of the Board, officers or any of its staff and that I hereby release and
forever discharge all of them from any and all claims, demands, cause of action of whatever
nature arising out of my employment with the latter;
4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in bar
to any suit or proceeding (Civil, SSS, PhilHealth, Medicare, Labor, etc.) to which either I, or my
heirs and assigns, may have against my employer in connection with my employment with the
latter;
5. That the payment which I have received as provided herein should not in any way be
construed as an admission of liability on the part of my employer and is voluntarily accepted by
me and will, if need be, serve as full and final settlement of any amounts due me or any claims or
cause of action, either past, present, future, which I may have in connection with my
employment with my employer;
6. As such, I finally make manifest that I have no further claims or cause of action against
my employer or any person connected with the administration and operation of the latter and
forever release the latter from any and all liability.
IN WITNESS WHEREOF, I have hereunto set my hand this 10 TH day of January 2013
in Baguio City, Philippines.
GLORY A. AMWAO
166
Affiant
ACKNOWLEDGMENT
Form 23e. Revocation of Special power of Attorney
REVOCATION OF SPECIAL POWER OF ATTORNEY

167
We, JAKE E. BASILAN and KARREN D. BASILAN, both of legal age, Filipino
citizens, with residence and postal address at No.33 Barangay Tabora, Trancoville, Baguio City,
Philippines, do hereby revoke and cancel the Special Power of Attorney which we executed in
favor of JEEKA R. KIMMAYONG.
The said Special Power of Attorney is docketed and entered in the Notarial Registry
of Notary Public Maximo Paredes of Baguio City as Doc. No. 77; Page No. 16; Book No. X;
Series of 2011, and under Entry No. 3768499-04-264 dated June 09, 2011 of the Memorandum
of Encumbrances of TCT. No. T-20392.
We are HEREBY REVOKING all that our said Attorney can lawfully do or cause to be
done by virtue thereof.
IN WITNESS WHEREOF, we have hereunto set our hands this 11 th day of January
JAKE E. BASILAN
Grantor/Principal
KAREN D. BASILAN
Grantor/Principal
NELSON V. DEZA
NINA M. PRIETO
ACKNOWLEDGMENT
Form 23f. Substitution of Attorney-in-fact
SUBSTITUTION OF ATTORNEY IN FACT

The undersigned, as Attorney in Fact of ELVIS E. GABAT, by virtue of the power and
168
authority given the undersigned in and by the terms of that certain Power of Attorney dated
December 02, 2012, and executed by the said CYNTHIA A. DOGWE, a copy of which Power of
Attorney is attached hereto, does hereby substitute and appoint AR A. ALAO to do, perform, and
execute every act and thing which I might do or could do as such Attorney in Fact, hereby
ratifying and confirming all that the said Attorney and substitute herein named and appointed,
shall do in the premises, by virtue hereof and of the said Power of Attorney.
Dated this 12TH day of January, 2013 in the City of Baguio, Philippines.
CYNTHIA A. DOGWE
Principal
BY ELVIS E. GABAT
As Attorney in Fact
KEO S. LAUS
SHERIELYN D. BARONA
ACKNOWLEDGMENT
EJECTMENT CASES
Ejectment is also known as accion interdictal where the issue is the right of
physical or material possession of the subject real property independent of any
claim of ownership by the parties involved. 70
Unlawful Detainer
In unlawful detainer cases, an allegation that the defendant is unlawfully
withholding possession from the plaintiff is deemed sufficient. The phrase has been
held to imply possession on the part of the defendant which was legal in the
beginning, having no other source than a contract, express or implied, and which
later expires as a right.71
70
71
supra, Riano, citing Mendoza v. CA 452 SCRA 117

supra, Riano, citing Ross Pica Sales Center, Inc. v. Ong 467 SCRA 35
169
Forcible Entry
In forcible entry, the plaintiff must allege and prove his prior physical possession
of the property.72 Likewise, it must also be alleged that the entry was by force,
intimidation, threat, strategy, or stealth.
Form 24a. Complaint for Unlawful Detainer

Republic of the Philippines
Branch 5
Baguio City
JOHN F. DELA CRUZ,
Plaintiff,
CIVIL CASE N0. 12-13254

For: Unlawful Detainer
v.
ANDREW S. BONIFACIO,
Defendant,
x---------------------------------------x
COMPLAINT
Plaintiff, through undersigned counsel, and this Honourable Court alleges:
72
supra, Riano, citing Sampayan v. CA 448 SCRA 220
170
1. That the plaintiff is single, Filipino citizen and residing at #37 Lower Dagsian, Baguio
City, where she may be served with court processes, motions ad decisions while the
defendant is a Filipino citizen, married and residing at No. 89 Everlasting St., Q.M.
Subdivision, Baguio City where he may be served with summons and court processes;
2. That plaintiff is the owner of a land over which an apartment had been constructed,
located at Bakakeng Norte, Baguio City;
3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid
apartment for a consideration of Php6,500 per month as rental to be paid within the
first ten days of each month starting July 1, 2011.
4. That the defendant failed to pay the agreed rental for several months starting from
August 2012 up to the present;
5. That on December 25 , 2012, plaintiff sent a letter of demand to vacate the apartment
which was received by the defendant as shown in the registry return receipt hereto
attached; (Section 1, Rule16, par. J)
6. That despite said letter of demand which was repeated by oral demands defendants
failed and still refused to pay the agreed amount of rentals and refused to vacate the
apartment;
7. That by reason of the failure of the defendant to vacate the premises and to pay the
unpaid rentals, plaintiff was compelled to file this complaint engaging the services of
a counsel in the amount of Php 15,000.
PRAYER
WHEREFORE, it is respectfully prayed that judgement be rendered ordering the
defendant to vacate the premises, to pay the rentals in the amount of Php 80,500.00 and further
rentals until the said defendant fully vacates the premises and to pay the costs of the suit.
Plaintiff prays for such other remedy, as this Honourable Court may deem just and
equitable.
171
Baguio City, 21 January 2013.
ATTY. BABY MAGTANGGOL

182 Gayaba Bldg., Session Road, Baguio City
VERIFICATION and CERTIFICATION

JURAT
Form 24b. Complaint for Forcible Entry

Branch 2
Baguio City
GABRIELA S. BORN,
Plaintiff,
v.
CIVIL CASE No. 4598

For: FORCIBLE ENTRY
JOSEPHINE V. BRACKEN,
Defendant.
X----------------------------------------X
172
WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

Plaintiff, by and through the undersigned Counsel unto the Honourable Court, states:
1.
Plaintiff is of legal age, Filipino, married, and a resident of #18 Valenzuela St.,
Salud Mitra, Baguio City;
2.
Defendant is of legal age, Filipino, and a resident Wangal, La Trinidad, Benguet,

where he may be served with Summons and other Court Processes;
3.
Plaintiff is the owner of a parcel of land covered by Tax Declaration No. 12345,
declared under her name, and located at #12 Maria Basa Compound, Baguio City,
a copy of said Tax Declaration is hereto attached as Annex A and made an
integral part hereof;
4.
Sometime on 02 November 2012, without the Plaintiffs knowledge and

permission, Defendant, with several persons working under them, through
stealth and strategy, entered and fenced the aforesaid property, photographs to
this effect are hereto attached as Annex B and made an integral part hereof;
5.
Immediately upon learning of the Defendants act, Plaintiff proceeded to the

aforesaid property and confronted the Defendant and their workers, however,
Defendant ignored the Plaintiff;
6.
Thereafter, Plaintiff sought the assistance of Punong Barangay Benny B.

Dangpayan, but the same was futile because no settlement was reached in said
forum, thus, a certificate to file action was issued, a copy of which is hereto
attached as Annex C and made an integral part hereof;
7.
Up to the present time, Defendant and their workers are continuously

constructing the fence on the aforesaid property against the will of the Plaintiff, in
blatant violation of the right of the Plaintiff;
8.
The aforesaid act of the Defendant, if not restrained, would work injustice to the
Plaintiff;
9.
The Plaintiff hereby applies for a Writ of Preliminary Injunction to restrain the
Defendant from the act herein complained of, and for this purpose hereby offers
a bond in such sum as this Honourable Court may fix;
173
10.
As a consequence of Defendants malicious act and wrongful deed as heretofore

described, plaintiff suffered and will continue to suffer sleepless nights, serious
anxiety, wounded feelings and grave moral shock for which she should be
compensated moral damages in the amount of P 50,000.00;
11.
In order to deter Defendant and other persons from their ilk in performing
similar malicious acts, Defendant should be assessed the amount of P 50,000.00
as and by way of exemplary damages;
12.
And finally, in filing this action in order to seek redress for her grievances and
recover damages, plaintiff was compelled to engage the services of the
undersigned Counsel for an agreed fee of P 20,000.00 as and by way of
acceptance fee plus the sum of P1,500.00 as and by way of appearance fee for
each attendance in court during trial.
PRAYER
WHEREFORE, it is most respectfully prayed of this Honourable Court that:

a.
After due notice and hearing, a Preliminary Injunction be issued forthwith to

restrain Defendant from doing the act herein complained of; namely, the fencing
of the Plaintiffs aforementioned property; and that after trial, said injunction be
made permanent;
b.
After trial, judgment be rendered in favor of the Plaintiff ordering Defendant to

pay the Plaintiff:
The amount of P 50,000.00 as and by way of moral damages;
The amount of P 50,000.00 as and by way of exemplary damages;
The amount of P 20,000.00 as and by way of attorneys fees, plus the amount of
P1,500.00 per attendance in Court as and by way of appearance fees;
c.
Costs.
d.
Other reliefs, just and equitable under the premises, are likewise prayed for.
Respectfully submitted this 21st day of January 2013, in the City of Baguio.
174
ATTY. DWAYNE ANGELO

VERIFICATION AND CERTIFICATION

JURAT
MOTIONS
Section 1, Rule 15 of the Rules of Court defines motion as an application for relief
other than by a pleading. Section 2 of the same Rule provides that all motions must
be in writing. Also, the Rules that apply to pleadings shall also apply to motions so
far as concerns caption, designation, signature and other matters of form.
Motions are to contain the following: 1.) a statement of the relief sought to be
obtained; 2.) the grounds upon which the motion is based; and 3.) the supporting
affidavits and other papers. The last requirement applies only when so mandated by
the Rules or when necessary to prove facts stated in the motion. 73
LITIGIOUS MOTIONS
Motion to Dismiss
Motion for Judgment on the Pleadings
Motion to Declare Defendant in Default
73
Sec 3, Rule 15, Rules of Court
175
Motion to Lift Order in Default

NON- LITIGIOUS MOTIONS
Motion for Leave of Court to File Pleading
Motion for Postponement
Motion for Extension of Time
Ex Parte Motion to Set for Trial
PARTS OF A MOTION
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
5. Proof of Service
6. Attachments (if any)
7. Verification (in certain cases)
Form 25a. Motion for Bill of Particulars

Branch 8
Baguio City
PINES CITY MEDICAL ENTERPRISES,
Plaintiff,
Civil Case No. 0168
For: Collection of Sum of Money
v.
LORETTA MILLARE,
Defendant.
x-------------------------------------------------x
176
MOTION FOR BILL OF PARTICULARS

Defendant, through the undersigned counsel and unto this Honorable Court, avers:
1. That the plaintiff's complaint in paragraph 5 alleges:
From August 3 to December 2011, defendant never paid anything
to herein plaintiff. The check that he issued as partial payment
for the first month also bounced. x x x(underscoring supplied)
2. The said allegation is not averred with sufficient definiteness and particularity,
specifically it does not mention the amount of the check therein mentioned, its check
number, date, and the drawee bank;
3. That a more definite statement on the matters as above-indicated is necessary in order to
enable the defendant to prepare its responsive pleading because from the very onset of
this controversy, the main dispute was on what was actually and exactly agreed upon by
the parties as the amount of monthly rentals on the lease of plaintiff's property;
4. However, due to the fact that defendant corporation had to transfer its liaison offices
depending on its project sites, the check stub where the above-mentioned check came
from was probably misplaced and could no longer be found;
5. That a bill of particulars or a more definite statement as to particulars of the said check
which was allegedly issued by the defendants as partial payment for the first month
would definitely simplify the issues in this case and hopefully expedite the negotiations
between the parties for an amicable settlement.
PRAYER
WHEREFORE, defendant most respectfully prays that an order be issued by this
Honorable Court requiring the plaintiff to make more definite statement as to the particulars of
the check mentioned in paragraph 5 of his complaint, particularly stating its amount, check
number, date, and the name of the drawee bank.
Baguio City, Philippines this 19th day of April 2013.
177
JOSE ABOGADO
Phone Number: 443-1832/ 09175080928
Copy Furnished:
ATTY. BABY TANGGOL
Counsel for Plaintiff
53 Laperal Bldg., Session Road,
Baguio City, Philippines
Form 25b. Motion for Judgment on the Pleadings

Branch 6
Baguio City
ROCEL CAMAT,
Plaintiff,
Civil Case No. CV-24

For: Collection of
Sum of Money
v.
ANGELA GUZMAN,
Defendant
x-------------------------x
MOTION FOR JUDGMENT ON THE PLEADINGS

178
The PLAINTIFF, through the undersigned counsel and to this Honorable Court
respectfully alleges:
1. That on April 9, 2013, plaintiff filed a complaint for collection of sum of money in the
amount of FIVE HUNDRED THOUSAND PESOS (Php500,000.00) against
defendant;
2. That in her answer, the defendant admitted the obligation, but she was asking for an
extension of time to pay her obligation and instead the herein complaint was filed;
3. That the said answer admits the material allegations of the complaint and has not
tendered any issue;
4. That in view thereof, a judgment on the pleadings can be rendered.
WHEREFORE, it is respectfully prayed of this Honorable Court to render judgment on
the pleadings.
Baguio City, Philippines, April 19, 2013.
JOSE ABOGADO

Phone Number: 443-1832/ 09175080928
REQUEST FOR and NOTICE OF HEARING
PROOF OF SERVICE (Opposing Counsel)
179
Form 25c. Motion for Postponement of Hearing

Branch 8
Baguio City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Crim Case NO. 1234
For: Unjust Vexation
v.
AKU SADO,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - -x
MOTION FOR POSTPONEMENT

180
The undersigned counsel for the accused respectfully prays for Postponement of Hearing
in the above-entitled case and respectfully manifests that:
1. That he received the Notice of Hearing for Promulgation of Decision dated April 9, 2013,
on April 16, 2013;
2. That in the said Notice, the promulgation of the decision is set on April 19, 2013, 9
oclock in the morning;
3. Unfortunately, counsel cannot appear on such date and time as he had earlier committed
himself to appear before the Regional Trial Court of La Trinidad, Benguet, Branch 8, in
the following cases:
a. PP vs. Mama Matay, Crim. Case No. 12888-R
For: Murder; and
b. PP vs. Homi Cider, Crim. Case No. 12889-R
For: Frustrated Homicide
Hence, this motion;
4. That counsel will be available on April 25, 2013 at 8:30 oclock in the morning;
5. That this motion is not interposed to delay the proceedings of the case but due solely for
the reason afore-cited and that counsel offers his sincerest apology.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court
to grant this motion and that the scheduled hearing on April 19, 2013 be cancelled and reset to
April 25, 2013 at 8:30 oclock in the morning.
A General Relief is likewise prayed for.
Baguio City, Philippines, 18 April 2013.
JOSE ABOGADO
Counsel for the Accused

181

Phone Number: 443-1832/ 09175080928
NOTICE OF HEARING
PROOF OF SERVICE (Office of the Prosecutor)
Form 25d. Motion for Reconsideration

COURT OF APPEALS
City of Manila
LORIE TAMILLARA,
Petitioner,
CA-G.R. SP. No. 81753
v.
PINES CITY MEDICAL
ENTERPRISES, INC.
Respondents.
x------------------------------x
MOTION FOR RECONSIDERATION

Petitioner in the above-entitled case, by the undersigned attorney, respectfully moves
unto this Honorable Court to reconsider its order dated December 31, 2013 and was received on
January 8, 2013 on the following grounds:
1) That the Employees Compensation rendered its Decision on August 28, 2012, consequently
Petitioner filed a Motion for Reconsideration however, it was denied and the decision of
which was received by the Petitioner on November 6, 2012;
182
2) That the undersigned admitted that she has inadvertently filed the Notice of Appeal of the
above entitled case to the ECC on November 20, 2012 to which a Notice of Appeal with
Formal Entry of Appearance & Motion for Extension of Time to File Petition with Payment
of Filing/Docket Fees was filed on December 18, 2012;
3) That the undersigned counsel prayed for an extension for filing the petition, considering:
a. That she is saddled with out-of-town family affairs which include inheritance
matters;
b. That it is the policy of this Honorable Court of Appeals to certify the documents of
the case which will be taken from the office of ECC in Manila, therefore the
undersigned needs more time to secure said documents in Manila; and
c. All government offices (ECC) were closed due to the Christmas Holidays;
4) That the trend not to consider the delay in filing a claim for workmans compensation as
non-jurisdictional defect is justified by Article 24. The employees compensation vis-a-vis the
employer has always been a marked disadvantage. (Central Azucarrera v. WCC, 133, Phil.
539)
There is a need of protecting the workman whose inferiority is marked by his
disadvantage. (Central Azucarrera Don Pedro v. WCC, 24 SCRA 484 [1968])
Art. 24 and 1332 of the Civil Code and the principles on contracts of adhesion are
exceptions to the general rule.
Art. 1332 which supplements Article 24 of the Civil Code reads:
When one of the parties is unable to read, or if the contract is in a language
not understood by him and mistake or fraud is alleged, the person enforcing the
contract must show that the terms thereof have been fully explained to the former.
5) That to be candid with this Honorable Court, this counsel is a new practitioner and her
shortcomings should not bind the poor worker and deprive him of justice;
6) That the Petition for Review was sent through registered mail on December 20, 2012;
7) Thereby the undersigned counsel begs for the consideration of the Petition for Review which
was earlier sent on December 20, 2012.
183
PRAYER
WHEREFORE, it is respectfully prayed that the resolution on December 31, 2012 be set
aside and to consider the Petition for Review which was earlier sent on December 20, 2012.
Baguio City, Philippines, this 21st day of January 2013.
JOSE ABOGADO
Counsel for the Petitioner

JURAT
Form 25e. Motion for Reduction of Bail
Branch 7
Baguio City
Plaintiff,
Criminal Case No. 144-A
For: Reckless Imprudence
Resulting in Damage to
Property
v.
MARICEL SORIANO,
Accused.
x----------------------------------------x
MOTION FOR REDUCTION OF BAILBOND

The accused, ANN SORIANO, through the undersigned counsel in the above-entitled
case, and to this Honorable Court respectfully states that:
1. The accused, ANN SORIANO, is charged for RECKLESS IMPRUDENCE
RESULTING IN DAMAGE TO PROPERTY now pending before this Honorable Court
184
with Criminal Case No. 144-A;

2. That the recommended bond for her provisional liberty is in the amount of FIFTY
THOUSAND PESOS (Php50,000.00);
3. That accused, considering that she is at this time suffering from financial constraints,
can only produce the amount of THIRTY THOUSAND PESOS (Php30,000.00)
CASH;
4. That accused needs her temporary liberty in order for her to gather all the necessary
evidence for her proper defense from this baseless accusation which she cannot do if
inside the prison;
5. That the accused together with her family is a permanent resident of this City,
particularly at 23 Salud Mitra, Baguio City, and therefore the possibility for her to
jump bail is too nil;
6. That the accused promise to attend all scheduled hearing in the above entitled case
and obeys all processes of this Honorable Court.
PRAYER
WHEREFORE, premises considered and in view of the foregoing, it is respectfully
prayed to the Honorable Court that the recommended bond of Php 50,000.00 will be reduced to
Php30,000.00 CASH.
Other relief and remedies just and equitable under the premises are likewise prayed for.
Baguio City, Philippines, this 19th day of April 2013.
JOSE ABOGADO

185
NOTICE FOR and REQUEST OF HEARING

Form 25f. Motion to Declare Defendant in Default

Branch 5
Baguio City
DORA D. REYES,
CIVIL CASE NO. 6649-R

For: Collection of Sum
of Money
Plaintiff,
v.
SIMON Y. GOMEZ,
Defendant.
X-----------------------------------------------------X
MOTION TO DECLARE DEFENDANT IN DEFAULT

Plaintiff, by counsel and unto this Honorable Court, states that:
1. The records of the Honorable Court show that Defendant was served with copy of the
summons and of the complaint, together with annexes thereto on March 18, 2013;
2. Upon verification however, the records show that Defendant SIMON Y. GOMEZ has
failed to file her Answer within the reglementary period specified by the Rules of Court
despite the service of the summons and the complaint;
3. As such, it is respectfully prayed that Defendant SIMON Y. GOMEZ be declared in
default pursuant to the Rules of Court and that the Honorable Court proceed to render
186
judgment as the complaint may warrant.

PRAYER
WHEREFORE, it is respectfully prayed that Defendant SIMON Y. GOMEZ be declared
in default pursuant to the Rules of Court and that the Honorable Court proceed to render
judgment as the complaint may warrant.
Other reliefs just and equitable are likewise prayed for.
JOSE ABOGADO

Phone Number: 443-1832/ 09175080928
NOTICE OF and REQUEST FOR HEARING
PROOF OF SERVICE PROOF OF SERVICE:
1. Clerk of Court
2. Opposing Counsel
187
Form 25g. Motion for Extension

Branch 5
Baguio City
Plaintiff,
Crim. Case No. 11-1589-1617
For: Frustrated Murder
v.
KAYCEE CONCEPCION,
and PIOLO PASCUAL
Accused-Appellants.
x---------------------------------------------x
MOTION FOR EXTENSION

OF TIME TO FILE MEMORANDUM
ACCUSED-APPELLANTS, through the undersigned counsel and unto this Honorable
Court, most respectfully manifests:
1. That on April 4, 2013, the undersigned counsel received the Order of the Honorable
Court dated April 1, 2013 requiring the accused-appellants to file their Memorandum;
2. That the fifteen (15) day period within which to file the Memorandum is due today
188
April 19, 2013;

3. That due to heavy pressure of work, loads in preparing pleadings to equally important
cases and almost daily court appearances and attendance of preliminary conferences as well as
the voluminous record of the case, he will not be able to finish and file the Memorandum;
3. That the undersigned most respectfully request for an extension of at least ten (10)
days counted from today April 19, 2013 until April 29, 2013 within which to file their
Memorandum;
4. That this motion for extension is not intended to delay the proceedings of the Honorable
Court but due to the above-mentioned reasons.
PRAYER
WHEREFORE, premises considered it is most respectfully prayed unto this
Honorable Court to allow the accused-appellants to file the Memorandum within
ten (10) days from today or until April 29, 2013.
Baguio City, Philippines. April 19, 2013.
JOSE ABOGADO
Counsel for the Accused-Appellants

NOTICE OF HEARING
PROOF OF SERVICE:
1. Office of the Prosecutor
2. Clerk of Court
189
Form 25h. Motion for Execution

Branch 4
Baguio City
JENNIFER MAE ANGARA,
Plaintiff,
Civil Case No. 559
with Damages
v.
JENNILYN NOVERAS,
Defendant.
x---------------------x
MOTION FOR EXECUTION OF JUDGMENT
Plaintiff, by the undersigned counsel, in the above-entitled case, and unto this Honorable
Court, states:
1. That a decision has been rendered in this case on April 9, 2013 in favor of the
Plaintiffs and against the Defendants;
2. That the period for appeal has already expired without the defendants having
perfected an appeal from said decision;
3. That the said decision is now final and executor.
190
PRAYER
WHEREFORE, it is respectfully prayed that an order of execution of the decision be

issued.
Baguio City, April 19, 2013.
LOVELY REYES
Counsel for the Plaintif
NOTICE OF HEARING
PROOF OF SERVICE:
1. Clerk of Court
2. Opposing Counsel
191
Form 25i. Motion for Reinvestigation

Branch 8
Baguio City
Plaintiff,
CRIM. CASE No. 1458

For: OTHER DECEITS under
Art. 318 of the Revised
Penal Code
v.
ROGELIO TAN,
Accused.
x-----------------------------------------x
MOTION FOR RE-INVESTIGATION
Private Complainant through undersigned Private Prosecutor and under the direct
control and supervision of the Public Prosecutor and unto this Honorable Court respectfully
states:
1. That in an Information filed by the Office of the Prosecutor dated December 22, 2012,
Accused, ROGELIO TAN was charged for ESTAFA under other deceits of Article 318 of
the Revised Penal Code in a Complaint filed by the Private Complainant, RAMIL
ASUNCION;
2. That the basis of the Honorable Public Prosecutor in charging the Accused with Estafa is
the provision on other deceits under Article 318 of the Revised Penal Code stating among
others that, the respondent or even her corporation do not actually own the lot sold to
the Private Complainant, the respondent must be held liable under Article 318 of the
Revised Penal Code.
192
3. That the Accused should have been charged for ESTAFA under ARTICLE 315
Paragraph 2a of the Revised Penal Code and not under Article 318 which provides that,
ESTAFA could be committed by means of false pretenses or fraudulent acts executed
prior to or simultaneously with commission of the fraud by using a fictitious name, or
falsely pretending to possess power, influence, qualifications, PROPERTY, credit,
agency, business transactions; or by means of other similar deceits;
4. That the Affidavit Complaint of the Private Complainant stated therein that the Accused
obtained money from the Private Complainant in the amount of FOUR HUNDRED
THOUSAND PESOS (PHP400,000.00) to be used to build a house over a property
which the Accused offered to the Private Complainant. It turned out however that the
land was not the property of RAMIL ASUNCION or in the name of his corporation. With
all the representations and false pretenses made by the Accused that he owned a
property and assuming the obligation to build a house thereon but subsequently no
property or building was erected, shows that indeed the Accused only deceived the
Private Complainant to obtain his money;
5. That the act of the Accused in misrepresenting that he is the owner of a lot being the
subject of a house and lot package to obtain money from the Private Complainant and
misappropriating the same constitutes the crime of ESTAFA under ARTICLE 315
Paragraph 2a of the Revised Penal Code;
6. That the Private Complainant, RAMIL ASUNCION respectfully requests that a REINVESTIGATION be conducted on the above-entitled case to resolve whether or not
the case falls within the ambit of ARTICLE 315 Paragraph 2a constituting the crime
of ESTAFA by falsely pretending to possess property and not ARTICLE 318 of the
Revised Penal Code;
7. That this Motion is not in any manner intended to cause delay in the speedy disposition
of this instant case or to frustrate the ends of justice.
PRAYER
WHEREFORE, premises duly considered, it is most respectfully prayed of the
Honorable Court to GRANT this Motion for RE-INVESTIGATION and to issue an Order for the
RE-INVESTIGATION of the above-entitled case.
Such other relief as law and justice may warrant are likewise prayed for.
Respectfully submitted this 19th day of April 2013, in the City of Baguio, Philippines.
GEORGIA C. LANG
PTR No. 123/Baguio
City/12-31-13
193
With my conformity:
FRANCE MONTALBAN
Public Prosecutor
NOTICE OF HEARING
PROOF OF SERVICE:
2. Opposing Counsel
194
Form 25k. Motion for Determination of Probable Cause

FOURTH JUDICIAL REGION
BRANCH 4
Palayan City, Nueva Ecija
Plaintiff,
CRIMINAL CASE No. 1234
For: Murder
v.
COCO M. MARTIN,
Defendant.
x---------------------------------------------x
MOTION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE

Accused COCO M. MARTIN, by undersigned counsel, most respectfully move that this
Honorable Court conduct a determination of probable cause pursuant to Article III, Section 2 of
the 1987 Constitution and in support thereof state the following:
PREFATORY
The obvious involvement of political considerations in the actuations of
respondent Secretary of Justice and respondent prosecutors brings to mind an
observation we made in another equally politically charged case. We reiterate
what we stated then, if only to emphasize the importance of maintaining the
integrity of criminal prosecutions in general and preliminary investigations in
particular, thus:
[W]e cannot emphasize too strongly that prosecutors should not allow,
and should avoid, giving the impression that their noble office is being used or
prostituted, wittingly or unwittingly, for political ends, or other purposes alien
195
to, or subversive of, the basic and fundamental objective of observing the interest
of justice evenhandedly, without fear or favor to any and all litigants alike,
whether rich or poor, weak or strong, powerless or mighty. Only by strict
adherence to the established procedure may be publics perception of the
impartiality of the prosecutor be enhanced.
1. The Supreme Court, in a recent case also involving herein accused has made the foregoing
strong admonition against public prosecutors.
2. It is unfortunate that despite the admonition, the panel of prosecutors who conducted the
preliminary investigation of the instant cases chose to defy such clear warning by no less than
the Supreme Court, as will be discussed below.
In the conduct of preliminary investigation, the members of the
Investigating Panel committed grave prosecutorial misconduct which deprived
accused of their right to due process.
------------------------------------------------------
3. The preliminary investigation proceeding, like court proceedings, is subject to the

requirements of both substantive and procedural due process.
4. As an indispensable requirement of due process, the investigating prosecutors must possess
the cold neutrality of an impartial judge.
5. In the instant cases, however, accused-movant was denied due process when the panel of
public prosecutors committed the following grave misconduct which also clearly showed that
they did not possess the cold neutrality of an impartial judge.
5.1. Despite failure to comply with the requirement under Rule 112, Section 3 (a) of
the Revised Rules of Criminal Procedure that the affidavits of the complainants
and his witnesses shall be subscribed and sworn to before any prosecutor x x x,
the investigating prosecutors gave due course to the criminal complaints of the
alleged widows, instead of dismissing them outright.
5.2. The Investigating Panel refused to grant clarificatory hearing despite the
existence of important issues and matters to be clarified before a fair resolution of
the complaints may be made.
5.2.1. While it is true that the conduct of clarificatory hearing is not mandatory, Rule 112, Section
3(e) directs that it be conducted when there are facts and issues that must be clarified before the
prosecutors can resolve the cases.
196
5.2.2. Accused-movant repeatedly requested and insisted on the panel of investigating

prosecutors the need to require the complainants and their witnesses to appear for
confrontation with the accused-movant and for clarificatory questioning.
5.2.3. Accused-movant identified the following important issues and crucial facts that needed
clarification:
a) Re the confession of Julius Caesar, the specific dates of the alleged meetings attended by the
accused-movant.
It is well to note that the accused-movant was linked by Julius Caesar to the three killings as the
alleged masterminds who had allegedly ordered the liquidation of former CPP/NPA/NDFP
members who were supporting AKBAYAN party-list. Accused-movant pointed out that Julius
Caesar failed to specify the dates in which the alleged meetings were held and in this connection
manifested their intention to pose clarificatory questions.
b) Re the submission of the investigation report of the Philippine National Police of Nueva
Ecija on the deaths of Felipe, Peralta and Bayudang.
Accused-movant also pointed out that witnesses Alvaro Maximo, Cleopatra Anthony and Julius
Caesar executed their Sinumpaang Salaysay only March 18, 2013. The first two executed their
Sinumpaang Salaysay on March 19, 2013 while Caesar executed his the following day.
After comparing the accounts of the above three witnesses with those who gave their statements
shortly after the alleged killings, accused-movant noted glaring contradictions which support a
reasonable conclusion that there existed a pattern of suppressing evidence that were executed or
prepared shortly after the killings and that the suppressed evidence were replaced by recent
statements taken only in March 2013.
Given the above and considering that accused-movant was charged with non-bailable crime of
two counts of murder, the investigating panel should have subpoenaed the complete result of the
original police investigations on the killings.
c) The need to establish the identity of the complaining witnesses
This Honorable Court can take judicial notice of the fact that when the herein complaining
witnesses filed a petition to disqualify accused-movants party-lists for last years electoral
contest, the same witnesses appeared before the COMELEC with their faces covered with
scarves. They refused to remove these scarves on the shallow pretext of personal security,
197
thereby rendering questionable their real identities.

The panel of investigating public prosecutors should have dispelled doubts over the
complainants identities by requiring them to appear and making themselves available for
questioning in the presence of the accused-movant.
As stated in accused-movants letter dated 14 January 2013 addressed to the panel of
investigating prosecutors, what actually happened during the supposed preliminary
investigation was a hide and seek type of proceedings whereby the complainants
surreptitiously appeared before the public prosecutors without notice to the accused-movant. A
big question remains: Was the panel able to confirm the identity of the complaining witnesses?
d) There were material gaps, ambiguous and sweeping statements and serious inconsistencies
in the affidavits of Julius Caesar and the complaining witnesses.
Accused-movant enumerated in their counter-affidavits and their subsequent pleadings and
letters submitted to the panel the material gaps and inconsistencies in the claims of the newly
surfaced witnesses with those of the first-hand accounts of witnesses whose testimonies or
statements were secured shortly after the killings.
e) Lastly, considering that accused-movant has sufficiently shown that the instant cases are
part of the existing pattern to neutralize them, the panel of investigators could have addressed
this by making the complainants available for questioning by the accused-movant.
In the same letter dated 14 January 2013, accused-movant insisted that a clarificatory hearing
with the appearance of the complainants and their witnesses in an open public hearing was
necessary considering that the complainants and their witnesses are under the custody and
control of their military handlers.
Prosecution witnesses Alvaro Maximo, Cleopatra Anthony and Julius Caesar claimed to be rebel
returnees who have surrendered to and are likely to be under the custody or protection of the
military.
A clarificatory hearing could have given the public prosecutors and the defense the opportunity
to test the voluntariness and credibility of the complainants and their witnesses. The panel of
investigating prosecutors did not only refuse to consider the foregoing reasons for accusedmovant request for clarificatory questioning, the panel even went to the extent of accusing
accused-movants of delaying the proceedings.
5.3. The need for clarificatory hearing is even admitted by panel member Assistant
Provincial Prosecutor Eddie Gutierrez who wrote by hand his comment in the
Joint Resolution dated 15 January 2013 that I concur with the conclusion but I
198
would have been more than satisfied if the witnesses for the prosecution were
present.
5.4. The panel readily dismissed accused-movants manifestation and request to
allow them to submit a Memorandum.
Although the submission of a Memorandum is not required, Section 33 of the DOJ Manual for
Prosecutors allows the filing of the same in cases involving difficult or complicated questions of
law or fact.
5.6. Despite express manifestation, the panel did not give the accused-movants the
opportunity to avail of their right to file a Motion for Reconsideration pursuant to
and within the period provided under Section 56 of the Manual for Prosecutors.
The evidence submitted by the prosecution is insufficient to establish probable
cause against accused-movants.
-----------------------------------------------------6. An analysis of the evidence presented by the prosecution against each accused-movant reveals
the impossibility of the accused having participated in the alleged killings.
PRAYER
WHEREFORE, premises considered, in the interest of justice and to uphold the rule of
law, accused COCO M. MARTIN prays for the proper judicial determination of probable cause
on this case.
Other forms of relief that are just and equitable under the premises are also prayed for.
Baguio City for Palayan City. April 9, 2013.
JOSE ABOGADO
Counsel for the Respondent

199
NOTICE OF HEARING
PROOF OF SERVICE:
1. Clerk of Court
2. Opposing Counsel
Form 25l. Motion to Quash

BRANCH 4
Baguio City
Plaintiff,
Criminal Case No. 00567
For: Theft
v.
MANNY A. REYES,
Accused.
x ------------------------------------------ x
MOTION TO QUASH
THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of
theft on the following:
GROUNDS
1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A
LEGAL JUSTIFICATION;
200
2. THIS COURT IS WITHOUT JURISDICTION.

In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused MANNY A. REYES is eleven years old and
without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person
over nine years of age and under fifteen, unless he acted with discernment, is exempt from
criminal liability.
There is no allegation that the accused acted with discernment. Even granting said
discernment, the accused cannot be tried but instead proceeded against under Article 80 of the
Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of the
commission of a grave or less grave felony, cannot be tried but instead shall have the benefit of a
suspension of all proceedings against him. The duty of the court would be to commit the minor
to the custody or care of a public or private benevolent or charitable institution for the care and
education of homeless and delinquent children or to the custody of the Department of Social
Work and Development.
PRAYER
WHEREFORE, it is respectfully prayed that the Information against the accused be
QUASHED and that the accused be released immediately from detention.
City of Baguio. April 19, 2013
JOSE ABOGADO
NOTICE OF and REQUEST FOR HEARING

201
PLEADINGS
In CIVIL CASES
Every pleading shall contain in a methodical and logical form, a plain,
concise, and direct statement of the ultimate facts on which the party pleading
relies for his claim or defense, as the case may be, omitting the statement of mere
evidentiary facts.74
The title of the action indicates the names of the parties. They shall all be
named in the original complaint or petition; but in subsequent pleadings, it shall be
sufficient if the name of the first party on each side be stated with an appropriate
indication when there are other parties.75
An unsigned pleading produces no legal effect. However, the court may, in its
discretion, allow such deficiency to be remedied if it shall appear that the same was
due to mere inadvertence and not intended for delay.
Please note that the following portion is indispensable to the filing of a
Complaint for the Collection of Sum of Money as it is required that every Complaint
state in the body as well as in the prayer the amount of damages sought. This is
jurisdictional and a complaint that fails to comply with this requirement is fatally
defective.
5. Defendants obligation is due and demandable and plaintiff is entitled to the payment
of the entire amount of Nine Hundred Thousand Pesos (P900,000.00) plus legal interest.
6. By reason of defendants unreasonable failure or refusal to pay his due and
demandable obligation, plaintiff was forced to engage the services of counsel to vindicate his
74
75

202
rights thereby committing himself to pay legal expenses amounting to Fifty Thousand Pesos
(P50,000.00).
WHEREFORE, plaintiff respectfully prays for judgment in his favor through a Decision
directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P900,000.00), with
legal interest, as ACTUAL DAMAGES and FIFTY THOUSAND PESOS (P50,000.00) as
Attorneys Fees.
Form 26. Relevant Portion in a Complaint for Collection of Sum of Money
In CRIMINAL CASES
Criminal actions may be instituted in two ways by information or by
complaint. A complaint is a sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated. 76 Information, on the other hand,
is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court. 77
Because an affidavit must be based on personal knowledge of the affiant,
many times, legal answers cannot be included for fear that affiant does NOT have
personal knowledge. Stating that affiant was assisted by counsel may remove that
problem as all that affiant has to do is say I was advised by counsel that 78
Rule 112, sec. 3(a), 2000 Rules on Criminal Procedure. Note that this may be
done before a prosecutor, or any government official authorized to administer an
oath, or in their absence or unavailability, a Notary Public. 79
76
Sec 3, Rule 110, rules of Court

Sec 4, rule 110, rules of Court
78
supra, Te
79
supra, Te
77
203
Form 27a. Entry of Appearance as Counsel

First Judicial Region
Branch III
THE PEOPLE OF THE PHILIPPINES,

Plaintiff,
Civil Case No. 25402-R
For: Specific Performance
v.
SPS. MANUEL and ALICE QUEZON,
Defendant.
x ----------------------------------------------x
ENTRY OF APPEARANCE
ATTY. GAIL M. BACBAC
Branch Clerk of Court
RTC Branch 3, Justice Hall,
Baguio City
Madam:
Warm greetings!
204
Please enter the appearance of ATTY. ELVIS PRESLEY as counsel for accused SPS.
MANNY and ALICE QUEZON in the above-entitled case. Atty. ELVIS PRESLEY will be the
attending lawyer. Henceforth, it is requested that all notices, orders, resolution, decision and all
other processes of the Honorable Court be furnished the undersigned counsel at the given
address below.
April 19, 2013 La Trinidad, Benguet, for Baguio City, Philippines.
By:
ELVIS PRESLEY
Of counsel
Unit 26, 2/F, Hillside Square,
Km. 4 Pico, La Trinidad, Benguet
PTR No. 2134632, 01-04-13, Benguet
Lifetime IBP No. 09876, Baguio-Benguet
Roll No. 60500; 05-03-12; 11-NC-211
MCLE Compliance No. I-2012-098765; 05-30-12
Mobile No. 09273848873;TIN: 123-456-789
Email Address: Outsmart90@yahoo.com
NOTICE OF HEARING
205
Form 27b. Withdrawal of Counsel with Substitution

First judicial Region
Branch 5
Baguio City
JUAN DELA CRUZ,
Plaintiff,
Civil Case No. 123

For: Unlawful Detainer
v.
PEDRO REYES,
Defendant.
x---------------------------------------x
WITHDRAWAL OF COUNSEL WITH SUBSTITUTION

THE CLERK OF COURT
Regional Trial Court of the City of Baguio
Branch 5
ATTY. PETE RANO, counsel on record for the Defendant and to this Honourable
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. BABY TANGGOL, whose services have been
engaged by defendant hereby enters her appearance as counsel for the defendant;
206
That upon approval of this Honourable Court, all pleadings, notices and papers in
connection with this case be addressed to new counsel ATTY. MA. CRISTINA P. UMANITO
with address at No. 34, Puso ng Baguio Bldg., Session Rd., Baguio City
Baguio City, Philippines, this 11th day of February, 2013.
OLD COUNSEL:
NEW COUNSEL:
ATTY. PETE RANO

Pico, La Trinidad, Benguet
IBP No. 580636; 1-05-10, Lifetime
PTR No. 1050304; 1-05-11, Baguio City
Roll No. 45156; 5-5-10
ATTY. BABY TANGGOL

#34, Puso ng Baguio Bldg. Baguio City
IBP NO. 42784; 1/5/2011; Lifetime
PTR NO. 46728; 1/4/2011;Baguio City
ROLL NO. 43535; 05-04-10
With my conformity:
Pedro Reyes
Defendant
207
Form 27c. Petition for Contract Rescission with Damages

BRANCH 24
Baguio City
ENRIQUE IGLESIAS,
Plaintiff,
CIVIL CASE. NO. 1124

For: Rescission of Contract
with Damages
-versusDAVID POMERANZ,
Defendant.
x---------------------------x
COMPLAINT
PLAINTIFF, through the undersigned counsel, unto this Honorable Court, respectfully
states:
1. Plaintiff is a Filipino, of legal age, married to SARAH JANE, and a resident of Camp 7,
Baguio City; while defendant is likewise a Filipino, of legal age, married to RACIEL GO and a
resident of Poliwes, Baguio City, where he may be served with summons and other court
processes;
2. Plaintiff is engaged in the trading of rice, sugar and other merchandise while
defendant is the owner of a rice mill and is also engaged in the wholesale of different varieties of
rice.
3. On June 20, 2008, plaintiff entered into an agreement with the defendant for the
purchase of one thousand (1,000) cavans of Sinandomeng rice at the rate of One Thousand Five
Hundred Pesos (P1,500.00) each.
208
4. Under the agreement, plaintiff shall pay a down payment equivalent to fifty percent
(50%) of the total purchase price and the balance to be paid when he picks up the merchandise
from defendants rice mill on July 30, 2008.
A copy of the agreement dated June 20, 2008 is hereto attached as Annex A and made
an integral part hereof.
5. Pursuant to their agreement, plaintiff paid to defendant the amount of Five Hundred
Thousand Pesos (P500, 000.00) representing the fifty percent (50%) down payment.
A copy of the receipt issued by the defendant is hereto attached as Annex B and made
an integral part hereof.
6. On July 30, 2008, plaintiff went to the defendants rice mill to pick up the one
thousand (1,000) cavans of Sinandomeng rice and to pay the balance of P500, 000.00.
7. Defendant, however, informed the plaintiff that he cannot deliver to the plaintiff the
entire one thousand (1,000) cavans of Sinandomeng rice and that all he has in his rice mill was
only one hundred (100) cavans. Defendant instead offered a different variety of rice but of lower
quality. Plaintiff refused and insisted on the refund of the P500, 000.000 down payments he
paid to the defendant.
8. Defendant, however, refused to return the amount paid by the plaintiff.
9. Plaintiff demanded for the return of the amount he paid to the defendant and for the
rescission of their earlier agreement but his demand fell and deaf ears. A copy of plaintiffs
demand letter is hereto attached as Annex C and made an integral part hereof.
10. Defendant is evidently guilty of bad faith in refusing to return the amount paid by
the plaintiff without even giving any valid or justifiable reason, which caused the latter mental
anguish, serious anxiety, moral shock and other similar injury, for which the defendant should
be held liable to pay P150, 000.00 as moral damages.
11. By way of example or correction for the public good, and to deter other like-minded
individuals from trampling upon the rights of others, defendant should likewise be held liable to
pay P150, 000.00 as nominal damages.
12. As a result of defendants wanton refusal to re urn the amount paid by the plaintiff
and to rescind their earlier agreement, plaintiff was compelled to litigate and for the purpose,
have to engage the services of the undersigned law firm for a fee of P100, 000.00.
13. Defendant should likewise be held liable for interest at the legal rate, litigation
expenses and costs of suit.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that judgment be
rendered in favor of the plaintiff and against the defendant, as follows:
1. Ordering the rescission of the agreement dated June 20, 2008;
2. Ordering the return of the amount of P500, 000.00 to the plaintiff, plus interest
thereon at the legal date from date until full payment thereof;
209
3. Ordering the defendant to pay the plaintiff the following sums:

a. P150, 000.00 as and for moral damages;
b. P150, 000.00 as and for exemplary damages;
c. P100, 000.00 as and for attorneys fees;
d. Litigation expenses; and
e. Costs of suit.
Plaintiff prays for such relief as may be just and equitable in the premises.
ABO GADO
Phone Number: 443-1832/ 09175080928
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
JURAT
210
Form 27d. Petition for Judicial Partition

BRANCH 24
Baguio City
The legal heirs of the late FRANCIS BALAGTAS,

to first wife, deceased ILLUMINADA LIWANAG,
namely, VIRGILIA BALAGTAS, NILO BARO,
DIDING BARO, RUFO BARO JR. EVELYN BARO,
AMBING BARO, all represented herein by co-heir,
FRANCE BALAGTAS,
Plaintiffs,
Civil Case No. 1234567

for JUDICIAL PARTITION
v.
Heirs of the late FRANCIS BALAGTAS to second
wife, Valentina Darna, namely, PASTOR BALAGTAS,
MODESTO BALAGTAS, and SILVERIO BALAGTAS,
Defendants.
x---------------------------------------------------------------------x
COMPLAINT
COMES NOW, the plaintiffs, unto this Honorable Court respectfully alleges:
1. That plaintiffs, legal heirs of the late FRANCISBALAGTAS, namely, VIRGILIA
BALAGTAS, NILO BARO, DIDING BARO, RUFO BARO JR. EVELYN BARO, and AMBING
BARO, all of legal age, Filipinos and residents of 43 Honeymoon, Baguio City, all represented
herein by co-heir, FRANCE BALAGTAS, likewise of legal age, married and resident of Baguio
211
City, by virtue of a special power of attorney, hereto attached as Annex A hereof , whereas
defendants Heirs of the late FRANCIS BALAGTAS to second wife, Valentina Darna, namely,
PASTOR BALAGTAS, MODESTO BALAGTAS, and SILVERIO BALAGTAS, are all of legal age,
Filipinos, and residents of 42 Honeymoon, Baguio City, where they may be served with
summons and other processes of this Honorable Court ;
2. That the late FRANCIS BALAGTAS died intestate and without leaving any will;
3. That the plaintiffs and the defendants are the compulsory legal heirs of the late
FRANCIS BALAGTAS, since plaintiffs and the defendants are the children of the said deceased
to different mother ;
4. That during his lifetime, the late FRANCIS BALAGTAS, acquired the following
property :
A certain agricultural land, situated at Baguio City, containing an area of 19.3209
hectares, bounded on the North, by Seashore ; on the East, by Seashore ; on the South, by
Rosario Alayon; and on the West, by Seashore ; covered by Tax Declaration No. 3598 in the
name of FRANCIS BALAGTAS and assessed for taxation purposes in the amount of
P29,040.00
5. That FRANCIS BALAGTAS died sometime in the year 1954, and after his death,
herein plaintiffs have demanded of herein defendants, who are in possession of the land in
question, for the proper partition of the property among the heirs, but defendants without
justifiable cause, refused and failed to partition the property, up to the present ;
6. That by reason of the unjust refusal of said defendants, to partition the property,
plaintiffs suffered sleepless nights, moral anxiety, wounded feelings, and mental anguish which
can be atoned by paying the plaintiff such amount of moral damages as will be proven during the
trial of this case ;
7. That the parties, being relatives, earnest efforts were exerted by the plaintiff to have
this matter be settled, but no settlement was reached between the parties ;
8. That the plaintiffs, to vindicate the wrong done to them and to protect their interests
will solicit the services of a counsel in the amount of P10,000.00 and will incur P5,000 as
litigation expenses ;
9. That this controversy has been previously referred for conciliation and mediation by
the Lupon or Office of the Barangay Chairman of Baguio City, but no settlement was reached
between the parties, copy of said certification hereto attached as Annex B hereof .
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court

that after due notice and hearing, judgment issue :
a) Ordering the partition of the property-in-question among the Heirs of FRANCIS
BALAGTAS, pursuant to the provisions of the Civil Code of the Philippines ;
b) Ordering the defendants to pay such amount of moral damages as may be proven
212
during the trial of this case : P10,000.00 as attorneys fee and P5,000.00 as litigation expenses;
c) Other awards/reliefs consistent with law and equity.
ATTY. ABO GADO

Phone Number: 443-1832/ 09175080928
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
JURAT
213
Form 27e. Complaint for Collection of Sum of Money

Bontoc, Mountain Province
MARGARITA C. BAN-EG,
Plaintiff,
Civil Case No.

F o r : Collection Of Sum Of
Money With Damages
v.
PRICILLA IQUID,
Defendant.
x----------------------------------------x
COMPLAINT
WITH UTMOST DEFERENCE TO THE HONORABLE COURT.
Plaintiff, by and through the undersigned counsel, to this Honorable Court, alleges that:
1. Plaintiff MARGARITA C. BAN-EG is of legal age, widow, Filipino citizen, and with
residence at Pingad, Sabangan, Mountain Province;
2. Defendant PRICILLA IQUID is likewise of legal age, Filipino citizen, and residence at
Bontoc, Mountain Province (near the Rural bank of Bontoc) where she may be served with
summons and other processes of the Honorable Court;
3. On October 29, 2012, defendant obtained a loan from the plaintiff amounting to
TWENTY THOUSAND PESOS (PhP 20,000.00), Philippine Currency, exclusive of the
10% agreed interest for every forty-five (45) days. Hereto attached is a copy of the
Acknowledgment Receipt and marked as Annex A to form part hereof;
4. Despite repeated demands, both oral and written, defendant failed or has refused and
214
continues to refuse to pay her monetary obligation to the plaintiff as no payment had ever been
made to the latter. A copy of the last Demand Letter dated March 30, 2013 is hereto attached and
marked as ANNEX B to form part hereof;
5. Due to the malicious and wanton refusal by the defendant to comply or pay her
monetary obligation, plaintiff suffered sleepless nights, corroding anxiety, and wounded feelings for
which sufferings defendant should be ordered to pay moral damages of no less than P20,000.00;
6. To serve as an example for the public and to prevent the defendant and other persons
similarly minded, the defendant should be ordered to pay exemplary damages of no less than
P20,000.00;
7. To protect their interest, plaintiff likewise was constrained to secure the services of a
lawyer with whom it had agreed to pay an acceptance fee of P7,000.00, a fee of P2,000.00 for every
court appearance, and an attorneys fee of no less than 10% of the total obligation or award;
8. As the parties reside in barangays of different Municipalities, Barangay Conciliation
Process has not been resorted to.
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is prayed of the Honorable Court that
after due notice and hearing, judgment be rendered ordering the defendant to pay the plaintiffs as
follows:
a)
P 20,000.00 representing defendants principal obligation to the plaintiff
including its 10% agreed interest for every forty-five (45) days until the same shall have been fully
paid;
b)
P7,000.00 as and by way of acceptance fee of plaintiffs counsel including
P2,000.00 for every court appearance of said counsel;
c)
P20,000.00 as and by way of moral damages;
d)
P20,000.00 as and by way of exemplary damages;
e)
Ten per cent (10%) of the total award as and by way of professional or attorneys
f)
The costs of litigation;
fees;
Plaintiff prays for such other reliefs or remedies just and equitable in the premises.
This 26th day of June, 2012 at La Trinidad, Benguet, for Bontoc, Mountain Province,
Philippines.
ELVIS P. RESLEY
215
Of counsel
PTR No. 2134632, 01-04-13, Benguet
Roll No. 60500; 05-03-12; 11-NC-211
Mobile No. 09273848873;TIN: 123-456-789
JURAT
Form 27f. Complaint for Annulment of Documents
Branch ____
La Trinidad, Benguet
JOHN COSTINA,
Complainant,
CIVIL CASE No.
For: An n ul m e n t of Documents
v.
FREDERICK TAO-ING, LARRY S.

TELIAGEN represented by LOPE
TELIAGEN, MR. EDGAR QUILOP
in his capacity as the MUNICIPAL
ASSESSOR OF ATOK, BENGUET.
Respondents.
x----------------------------------------------x
COMPLAINT
Complainants, by and through the undersigned counsel, to this Honorable Court, states
that:
1.
Petitioner is of legal age, Filipino citizen, and with residence and postal address at
Km. 21, Caliking, Atok, Benguet;
216
2.
Respondent Frederick Tao-ing is of legal age, Filipino citizen, single and with
residence and postal address at FC 121 Balili, La Trinidad, Benguet where he may be served with
summons and other processes of the Honorable Court;
3.
Respondent Larry Teliagen represented by his father Lope Teliagen is likewise of
legal age, single, Filipino citizens and with residence at km. 21, Caliking, Atok, Benguet where he,
through his representative, may be served with summons and other processes of the Honorable
Court;
4.
Respondent Office of the Municipal Assessor of Atok, Benguet is herein represented
by Mr. Edgar Quilop, who is being sued in his official capacity and who can be served with
summons and other processes of this Honorable Court at their office at the Municipal Hall of Atok,
Benguet;
5.
Petitioner is the true and declared owner of that property located at Atok,
Benguet consisting of 5,000 sq. m. under Tax Declaration No. 9297. A copy of the said Tax
Declaration is hereto attached and marked as Annex A hereof;
6.
Since the 90s petitioner has been making improvements thereon, such as the
widening and leveling of certain portions thereof especially those adjacent to or along the
Halsema National Highway, as that portion leased to Mr. Jonathan Pasigon;
7.
Incidentally, on January 10, 2011, as petitioner was then in dire need of cash, he
loaned an amount of P 10,000.00 with an exorbitant monthly interest of 10%, from Mr. Gabriel
Malaggay, who introduced himself as an officer and representative of a certain Association
engaged in Lending business, which is based in Baguio City. Hence a Real Estate Mortgage
covering the said property was executed in his favor, accordingly in behalf of the alleged
Association. A copy of the said document is hereto attached as Annex B hereof;
8.
Petitioner Costina had been making partial payments on the loan but by reason of
the exorbitant interest, he was not able to fully settle the same;
9.
On March 28, 2011, as petitioner Costina still had a balance on the loan
amounting to P44, 000.00 including the alleged accumulated interests, Gabriel Malaggay
pressured and convinced him to execute a new Real Estate Mortgage for the balance of his loan
with a monthly interest of 10%, accordingly in order for their Association to grant him another
extension of one (1) year or until March 28, 2006 within which to pay the same. A copy of the
said Real Estate Mortgage is hereto attached as Annex C hereof;
10.
Unfortunately, due to the exorbitant interest applied to his loan, petitioner was
not able to fully settle the same on due date. Nevertheless, Mr. Malaggay did not foreclose the
mortgaged property but instead, gave defendant Costina another extension of ONE YEAR within
which to pay, upon the latters conformity to an ACKNOWLEDGMENT AND UNDERTAKING
prepared by Mr. Malaggay himself, which according to him shall ONLY secure the loan;
11.
Ironically, even if it appears in the said Acknowledgment and Undertaking that
petitioner Costina sold a portion of the subject property to Mr. Malaggay, the formers right to
REDEEM the same is clear. Hence, in conferring him such right, he himself recognized that the
purported sale was not an absolute conveyance but a mere security for the loan. Besides, a
careful scrutiny of the terms thereof would reveal that there was NO CONSIDERATION for the
purported sale, hence there really was nothing to buy back. A copy of the said document is
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hereto attached as Annex D hereof;

12.
Interestingly, even before the expiration of the one year period given to petitioner
to pay under the said acknowledgment and undertaking, Mr. Malaggay accordingly in behalf of
their Association began to pressure petitioner to pay the balance of his loan which is now so
much bigger than the principal amount of his loan. As he did not have cash at that time, he was
pressured and forced to sign a Deed of Sale over a portion of 2, 855 sq. m. of the subject
property. Indicated in the said Deed of Sale as the vendee is a certain Frederick Tao-ing and not
Mr. Malaggay himself because according to the latter, Mr. Tao-ing is the authorized person to be
placed as a vendee in behalf of their Association. He was likewise misled into signing the said
document, due to their ASSURANCES THAT THE SAME SHALL ONLY SERVE AS SECURITY
FOR HIS LOAN AND THAT HE MAY REDEEM THE SUBJECT PROPERTY SHOULD HE
DECIDE TO DO SO AT ANY TIME UPON PAYMENT OF THE BALANCE ON HIS LOAN. A
copy of the said Deed of Sale is hereto attached as Annex E hereof ;
13.
Meanwhile, sometime in 2011, petitioner John Costina leased a portion of the
said property to Mr. Pasigon. The portion leased to Jonathan Pasigon is that portion located
along the Halsema National Highway and which petitioner Costina have previously began to
improve/level to the ground;
14.
But before Jonathan Pasigon decided to lease the said portion, he first obtained a
Certification from the Office of the Barangay Chairman on October 5, 2011, certifying the fact
that petitioner owns the said property. A copy of the said Certification is hereto attached as
Annex F hereof;
15.
Confident that petitioner owned the same, Jonathan Pasigon secured a
Locational Clearance before he constructed a One (1) storey commercial building where he is
currently conducting his business. A copy of the said Clearance is hereto attached as Annex
G hereof;
16.
He likewise secured a Declaration of Real Property under ARP No. 99-003-01606
covering the said structure. A copy of the same is hereto attached as Annex H hereof;
17.
Since then, petitioner Costina and Jonathan Pasigon as lessee occupied and
openly maintained peaceful possession of the said property which they began to improve. There
was never any demand for the former to stop introducing improvements nor did they make any
protestations to such activities. Instead, Mr. Malaggay in behalf of Mr. Tao-ing and/or their
alleged Association granted petitioner Costina extensions of time to pay his loan;
18.
On March 19, 2012 however, WITHOUT THE KNOWLEDGE AND CONSENT of
petitioner, Mr. Tao-ing surveyed the subject lot;
19.
Upon discovering such fact, petitioner Costina and Jonathan Pasigon confronted
Mr. Malaggay and Mr. Tao-ing and offered to pay the balance of his loan, as he never really
intended to sell/convey ownership over the subject property. Unfortunately, they refused and
were instead demanding petitioner to pay the price of the subject property if he wants to recover
the same;
20.
Unknown to the petitioner Costina however, Mr. Tao-ing through fraud,
misrepresentation, patently illegal and anomalous means, quickly obtained a Tax Declaration in
his name covering the portion of 2, 855sq.m., following the boundaries fixed by themselves
218
when they conducted the alleged survey without any participation by petitioner Costina as the
owner;
21.
When petitioner Costina discovered the same, they went to the Office of the
Assessor in Atok, Benguet to verify the matter;
22.
Defendants thereafter demanded Mr. Tao-ing to have his illegally obtained Tax
Declaration be cancelled and/or nullified but he refused to heed such demand;
23.
In an effort to protect his business which was then flourishing and avoid the
matter to complicate, Jonathan Pasigon offered to get back the property for a price if only to end
the controversy;
24.
Regrettably, while petitioner was negotiating for the price of the property,
respondent quickly and WITHOUT THE KNOWLEDGE AND CONSENT OF petitioner Costina,
sold the same to herein respondent Teliagen;
25.
Respondent Teliagen is petitioners immediate neighbor and business
competitor. As such, he was fully aware of the existing dispute over the said property. Despite
such knowledge, he bought the said portion from Mr. Tao-ing as he was then interested in the
portion being occupied by Mr. Pasigon, where the latter has been conducting business and
which Mr. Tao-ing included within the boundaries of the area he caused to be surveyed;
26.
Immediately upon discovering such fact, petitioners requested for a Barangay
Conciliation. Unfortunately, it was Mr. Tao-ing and Respondent Teliagen who failed to arrive at
the scheduled meeting;
27.
In an effort to hold in abeyance the issuance of a Tax Declaration in favor of
Respondent Teliagen, petitioner wrote several letters to the Office of the Municipal Assessor.
The same shall be presented in the course of the trial;
28.
In desperation, petitioner gave his conformity to an Agreement whereby
petitioner agreed to transfer a portion to respondents Teliagen subject to the conduct of a
relocation in accordance to what he pointed to be the boundaries and excluding the property
being occupied by Mr. John Costina which he would have never intended to sell, it having been
improved by them and is being occupied by them and is in fact earning good income for both of
them;
29.
With such agreement, petitioner decided not to cause the annulment of the Tax
Declaration in the names of Tao-ing, the Deed of Sale and Tax Declaration in the name of
Teliagen;
30.
Unfortunately, respondents without conducting the agreed relocation,
immediately caused the transfer or issuance of a Tax Declaration in the name of respondent
Teliagen following thus the boundaries set in the Survey which was conducted in the absence of
Mr. Costina;
31.
Unexpectedly, petitioner Costina received summons from the Punong Barangay
for the conciliation of a complaint for alleged trespass to property filed by Respondent against
petitioner, who have been in actual and open possession over the subject property even before
the filing of such complaint with the Barangay. It was then that they came to know that a Tax
219
Declaration has in fact been issued to them;

32.
As no settlement was realized, respondents thereafter filed a complaint for
Recovery of Possession before the Municipal Circuit Trial Court of Tublay;
33.
Going over the documents covering the transactions and the surrounding
incidents between the parties, the Deed of Sale which appears to have been signed by petitioner
Costina and Mr. Tao-ing to which Respondent traces his title and anchors his claim against
herein defendants, is actually an Equitable Mortgage considering the following incidents:
a.
The first document executed by petitioner Costina is that Deed of Real
Estate Mortgage in favor of Mr. Malaggay for his loan amounting to P 10,000.00
with a 10% interest, allegedly in behalf of their Association. The legal
relationship of the latter to the former, being creditor-debtor and using the
subject property as collateral;
b.
Although petitioner had been making partial payments on his loan, due to
the exorbitant interest, he was not able to fully settle the same on due date;
c.
On March 28, 2012, the balance of petitioners loan remained at
153,000.00 Pesos despite having made partial payments thereon. Noticeably, it
was thrice more than the principal loan of 44,000.00 Pesos;
d.
Instead of foreclosing the mortgaged property, Mr. Malaggay convinced
petitioner to execute another Real Estate Mortgage for his balance with 10%
interest in order for their Association to grant her another extension of one year;
e.
On January 20, 2013, as petitioner was still not able to fully pay his
obligation, Mr. Malaggay made him conform to an Acknowledgment and
Undertaking giving him yet another extension of time to fully settle his loan;
f.
Surprisingly, on March 10, 2013, Mr. Malaggay, allegedly on behalf of
their Association began to pressure petitioner Costina to pay his balance. During
that time, petitioner was still FINANCIALLY DISTRESSED. Unfortunately, his
financial situation was further pressed down by the exorbitant interest on the
debt. Thus, he was pressured and forced/compelled to execute a DEED OF
ABSOLUTE SALE, upon the assurance of Mr. Malaggay that IT WILL ONLY
SERVE AS SECURITY FOR THE SAID LOAN;
c.
The consideration for the said sale as appearing in the deed is P
20,000.00, which is glaringly inadequate considering that the balance of
petitioner Costina as to his loan obligation for which the said Deed of Sale was
apparently executed was much more than the said amount. This only shows that
there was really no consideration for the said sale as it was never intended to be a
contract of sale;
d.
Even after the execution of the said Deed of Sale between petitioner
Costina and Mr. Tao-ing, the latter through Mr. Malaggay still demanded
payment for the loan. This only shows that even Mr. Tao-ing or the purported
Association which they represent does not recognize the said Deed as absolute
conveyance of the properties;
e.
Even after the execution of the said Deed of Sale, the petitioner remained
in possession of the subject properties and paid the taxes due thereon
f.
Although the said Deed of Sale was executed on March 10, 2013, Mr. Taoing only used the same in transferring the property in his name sometime in
March 2011, when he may have realized that the selling price of the said property
increased and the portion occupied by Jonathan Pasigon began to generate
income and even when Mr. Costina was trying to exercise his right to redeem the
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same as originally agreed upon.

g.
The said agreement was never cancelled. It remained effective as the
subsequent Deed of Sale was executed within the period given for him to settle
his obligation;
34. It is a settled jurisprudence that a cause of action exists ONLY if the following
elements concur namely: (a) a right in favor of the plaintiff by whatever means and under
whatever law it arises or is created; (b)an obligation on the part of the named defendant to
respect or not to violate such right; and (c) an act or omission on the part of such defendant
violative of the right of the plaintiff, consisting of a breach of the obligation of the defendant to
the plaintiff for which the latter may maintain an action for recovery of damages [Paranaque
Kings Enterprise, Inc. vs. CA, 268 SCRA 727 (1997)].
In the present case however, plaintiffs right if there be any, is inferior to that of
defendant, the former being a buyer in bad faith. Having the better right, defendants act of
improving or leasing the same are well within his rights as the true and lawful owner thereof.
35. The respondents acts are contrary to law and have compelled the petitioners to bring
this action to prevent further prejudice, injustice and prevent possible loss and damage should
the same lot be sold again to other persons. Petitioners were thus constrained to engage the
services of counsel for an agreed acceptance fee of P 30,000.00 and appearance fee of P
1,500.00 for every actual appearance in Court. Petitioners were likewise constrained to incur
litigation and related expenses as may be proven later;
36. This controversy was referred to the proper Lupong Tagapamayapa pursuant to the
provisions of Republic Act no. 7160 but the effort to settle the matter between the parties did not
materialize.
PRAYER
WHEREFORE, PREMISES CONSIDERED, petitioner most respectfully pray that
judgment be rendered against the respondents declaring as null and void or canceling or
annulling the Tax Declaration issued in the name of Frederick Tao-ing, Deed of Sale between
Frederick Tao-ing and Larry Teliagen and Tax Declaration issued in the name of Larry Teliagen;
Such other reliefs just and equitable in the premises are likewise prayed for.
This 19th day of April 2013 at La Trinidad, Benguet, Philippines.
ELVIS P. RESLEY
Of counsel
PTR No. 2134632, 01-04-13, Benguet
Roll No. 60500; 05-03-12; 11-NC-211
Mobile No. 09273848873;TIN: 123-456-789
221

JURAT
Form 27g. Complaint for Reconveyance of Property

Branch 7
Baguio City
ANGELITO ANGHEL,
Plaintiff,
Civil Case No. 1234
For: Reconveyance of Title
Obtained in Breach of Trust
v.
MARCELO PILAPIL,
Defendant.
x--------------------------------------x
COMPLAINT
Plaintiff, through counsel, respectfully alleges unto this Honorable Court:
1. That both plaintiff and the defendant are of legal age, and residents of Baguio City;
2. That the plaintiff is the legitimate heir of ANGELITO ANGHEL who died in Baguio
City on January 3, 2012;
3. That the defendant, prior to the death of said ANGELITO ANGHEL had been in
charge of a certain parcel of land situated along Ambiong Road, Aurora Hill, Baguio
City, belonging to the deceased, and which was then unregistered.
4. That upon the death of the decedent, the defendant continued to take charge and
administer the above-said property for the interest and benefit of the heirs of the
deceased who were then in Manila to pursue their college education;
5. That on December 9, 2012, upon arriving home from Manila, the plaintiff learned that
the defendant, through fraud and misrepresentation, and in breach of trust and
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without the knowledge of the heirs of the deceased, succeeded in registering said
property in his own (defendant) name, to the exclusion of the plaintiff and the other
heirs of the true owner thereof;
6. That the said parcel of land is now covered by Original Certificate of Title No. R62869 in the defendants name;
7. That no rights of innocent purchasers for value have as yet intervened which would bar
an action for conveyance in this case.
WHEREFORE, it is respectfully prayed, that the defendant be ordered TO
CONVEY the title he has fraudulently obtained on the land in question and TO TRANSFER the
same to the plaintiff and the other legal heirs of the deceased with damages and costs.
Other reliefs just and equitable under the premises are likewise prayed for.
Baguio City, Philippines, this 19th day of April, 2013.
ATTY. ABO GADO

Roll of Attorney No. 080689;
IBP No. 040959/Baguio City/01-11-13
JURAT
223
Form 27h. Petition for Legal Separation

BRANCH 10
Baguio City
JUANA MIGUEL,
Petitioner,
CIVIL CASE NO. 1234

For: Legal Separation
v.
JOHN MIGUEL,
Respondent.
x------------------------------x
PETITION
PETITIONER, by counsel and to this Honorable Court, alleges:
Petitioner is of legal age and with residence at Sunset St., Baguio City, while respondent
is also of legal age and has his address at Sunrise St., Baguio City, where he may be served with
summons and other legal processes.
1. Petitioner and respondent are husband and wife, who were married on May 10, 2000
at the Baguio Cathedral, Baguio City.
2. After three (3) years of marriage, petitioner begot 2 children from his respondent
husband, named Nick and Vince Carter, and through their joint efforts the petitioner and
respondent were able to acquire two parcels of land located in Quezon City, one of which is
where petitioner lives with her two children.
3. Respondent showed acts of marital irresponsibility after one year of their married. He
became alcoholic and frequently quarreled with petitioner, to the extent of inflicting physical
violence, for no apparent reason so much so that petitioner suffered many physical injuries.
4. Petitioner frequently would leave the conjugal home for days, and she found out later
224
that he was living with another woman in another place, and he stopped giving support to
petitioner and his two children. On or about October 7, 2008, he abandoned the conjugal home
and lived permanently with his common-law wife, without any justifiable reason with whom he
begot a child named, Jose.
5. Respondent has a well-paying job as manager of L & R company where he receives a
monthly salary of P55, 000.00, and is also engaged in selling real estate, from which income he
can well afford to support his two children with petitioner.
WHEREFORE, after due hearing, judgment be rendered declaring a decree of legal
separation between petitioner and respondent, ordering the liquidation of the conjugal property,
and requiring respondent to give support to petitioner and her two children until they reached
majority age or until they finished their college education, in such amount as the Honorable
Court may reasonably fix.
Petitioner further prays for such relief as are provided in law and as may be just and
equitable in the premises.
ATTY. ABO GADO

Counsel for the Petitioner
#182 Gayaba Bldg., Session Rd., Baguio City
JURAT
225
Form 27i. Petition for Nullity of Marriage

Second Judicial Region
Branch 25
Bulanao, Tabuk, Kalinga
DYESEBEL SANTOS,
Petitioner.
CIVIL CASE NO.
F o r : Declaration of
Nullity of Marriage
v.
DINGDONG SANTOS,
Respondent.
x___________________x
PETITION

Petitioner , by and through the undersigned counsels, states that:
1. She is of legal age , married, Filipino citizen, with residence and postal address at No.
11 Pinsao, Pilot Project, Baguio City; while respondent is likewise of legal age, married, Filipino
citizen and with residence and postal address at Dagupan , Tabuk, Kalinga where he may be
served with summons and other processes of the Honorable Court;
2. On May 18, 1999 in a church ceremony conducted by Rev. Father Mike Seys of the
Saint Joseph Catholic Church, Tabuk , Kalinga, Dyesebel Mari-Mar regrettably married
Dingdong Santos. A photocopy of their Certificate of Marriage is hereto attached as ANNEX
226
A and made part of this petition;

3. Prior to their marriage, Dyesebel and Dingdong lived together in Metro Manila;
4. In the course of their relationship as live in partners, Dingdongs and natural traits,
attitude or being eventually emerged to Dyesebels dismay. Dingdong was so temperamental,
childish, possessive and exhibits extreme jealousy towards almost every person close to
Dyesebel, her own close friends or acquaintances not excluded;
5. Seeing no change in Dingdongs attitude and feeling she can no longer live by the
relationship that she was having, Dyesebel decided to leave Batman and went to Baguio to stay
with her parents;
6.When Dyesebels parents came to know of the relationship that their daughter had with
Dingdong in Manila, they pressured the Dingdongs parents to have their child marry their
daughter Dyesebel;
7. By the time Dingdong followed Dyesebel in Baguio, the latters parents talked to him
and apparently pressured him likewise to marry Dyesebel;
8. If only to show respect to her parents who exerted every effort to pressure and
influence her to marry Batman, Dyesebel agreed to go with Batman in Cagayan where the latters
relatives reside;
9. Intentionally or unintentionally, Dyesebel and Dingdong came upon the latters
parents in Cagayan. Then and there, Dingdongs parents summoned their relatives and
pressured Dyesebel and Dingdong to get married;
10.
Though hesitant at that time, Dyesebel, accompanied by Dingdong, proceeded to
Tabuk, Kalinga and informed her parents about the decision of Batman and his parents;
11.
Without Dyesebels knowledge and consent, her parents, Dingdong and his
parents finally agreed to have first a traditional marriage ceremony;
12.
Under the circumstances, Dyesebel being unprepared, uneasy and everything
without her participation, she had to agree to a traditional marriage considering the pressure
coming from her own parents adding to the fact that Dingdong, his parents and her own parents
had set the date for the traditional ceremonies;
13.
After the traditional wedding, Dyesebel stayed with her parents while Dingdong
remained also with his parents;
14.
On May 18, 1999, upon her parents insistence and everything having been fixed
and prepared by Dingdong and his parents, Dyesebel hesitantly attended the church wedding set
for them with Dingdong. Notably, Dyesebel did nothing and had no hand at all as to, among
227
other things, the date and place of wedding, the gown to be used , the wedding sponsors and all
other matters regarding their preset church wedding. Dyesebels only participation was when
she was called to attend that unfortunate and unforgettable day of her life;
15.
The semi-dramatic but tragic story for Dyesebel did not end there however. Even
when the church ceremony was on going, Dyesebel was arguing with Dingdong and was in fact
thinking of running away from the church were it not for the presence of her parents whom she
dearly wanted to save from shame had she done what she had in mind that time;
16.
The church wedding ended as if everything was alright or without anyone
noticing the real story behind the scene;
17
Right after the church wedding, Dyesebel and Dingdong went home to their
respective parents and never lived together thereafter. In fact, from that time on, Batman never
communicated nor exerted any effort to see or be with Dyesebel;
18. Dyesebel and Dingdong had no children, neither did they acquire any property as
they never actually lived together after their wedding;
19. Dyesebel, the Petitioner seeks the intervention of the Honorable Court that after
hearing, the marriage she contracted with Dingdong, the respondent, on May 18, 1999 be
declared null and void;
20. Respondent have completely neglected and miserably failed and continues to fail and
neglect to comply with his basic but essential marital obligations as follows:
a.
b.
c.
d.
e.
f.
g.
h.
To fix the family domicile

to live together;
observe mutual love;
maintain respect and fidelity;
render mutual help and support;
to support his family;
to manage the affairs of their household;
to perform such other duties as are imposed by law
upon him and as expected of him;
21.
These circumstances, among others as will be shown in the course of the
proceedings, disclose respondents grave and downright incapacity or inability to assume the
essential obligations of marriage as can be medically and clinically shown later;
22.
Such psychological incapacity of respondent to assume his marital and parental
obligations is medically and clinically permanent or incurable in regard to the petitioner;
228
23.
Further, such psychological incapacity of the respondent to assume his marital
and parental obligations is characterized by GRAVITY, JURIDICAL ANTECEDENCE, AND
INCURABILITY;
24.
Respondents absolute, grave and downright incapacity to carry out his marital
and parental duties constitute psychological incapacity which already existed prior to or at the
time of the celebration of their marriage and even became worst and more manifest thereafter
as he failed and neglected to face the realities and pressures of marital life;
25.
This controversy is not a valid subject of compromise under Article 151 of the
Family Code, hence, the same was not referred to the Lupong Tagapamayapa pursuant to the
provisions of the Local Government Code;
26.
Finally, may it be known that on December 6, 2010, petitioner filed a similar
action with the Regional Trial Court, Branch 9, La Trinidad, Benguet but the same was
dismissed WITHOUT prejudice to its re-filing as shown by an Order which is hereto attached as
ANNEX B of this petition.
PRAYER
WHEREFORE, PREMISES CONSIDERED , it is prayed that after due notice and
hearing, judgment be rendered:
a.
Declaring the marriage of petitioner and respondent null and void, setting them
free from the effects of marital bond ; and
b.
Furnishing all government offices such as the Local Civil registrar of Tabuk,
Kalinga, and the National Statistics Office a copy of the decision of the Honorable
Court for their information and guidance.
Petitioner prays for such other reliefs and remedies just and equitable in the premises.
La Trinidad, Benguet, Philippines for Tabuk, Kalinga, Philippines, this 19 th day of April,
2013.
ELVIS P. RESLEY
Of counsel
PTR No. 2134632, 01-04-13, Benguet
Roll No. 60500; 05-03-12; 11-NC-211
229
Mobile No. 09273848873;TIN: 123-456-789

VERIFICATION & CERTIFICATION
JURAT
PROOF OF SERVICE
1. Office of the Solicitor General
2. Office of the City Prosecutor
Form 27j. Petition for Acknowledgment of Foreign Decree of Divorce
Branch __
San Carlos City
IN THE MATTER OF JUDICIAL
RECOGNITION OF FOREIGN
DIVORCE DECREE
JUAN DELA CRUZ,
CIVIL CASE NO.

For: Judicial Recognition of
Foreign Divorce Decree
Petitioner,
v.
LORE DELA CRUZ, THE LOCAL CIVIL REGISTRAR

OF SAN CARLOS CITY, PANGASINAN AND
THE NATIONAL STATISTICS OFFICE.
Respondents.
x-----------------------------------------------x
PETITION
Petitioner, by and through the undersigned counsel, unto this Honorable Court, most
respectfully allege that:
1. Petitioner is of legal age, married, Filipino citizen, with permanent address at No. 155
Barangay Gamata, San Carlos City, Pangasinan, Philippines and present address at 2418
Alemany Blvd. San Francisco, California 94112.;
2. Respondent, LORE DELA CRUZ, is also f legal age, American citizen and whose last
known address is at 155 Turk Street #604, San Francisco, CA 95102, while respondent Local
230
Civil Registrar of San Carlos, City, Pangasinan, and the National Statistics Office, Manila,
Philippines, are impleaded in their official capacity as the government custodian of records
and/or documents affecting, pertaining and relative to marriages in the Philippines, where they
may be served summons in their respective addresses herein indicated.;
3. On January 10, 2000, respondent Lore Dela Cruz married the Petitioner in a civil
wedding held at the Office of the City Mayor at San Carlos City, Pangasinan. This is evidenced by
their Certificate of Marriage, a copy of which is hereto attached, marked, and made an integral
part hereof as Annex A.;
4. After their civil wedding ceremony, respondent Lore Dela Cruz went to the United
States of America while petitioner lived with her family in San Carlos Pangasinan, Philippines.;
5. In May 2009, Petitioner went to the USA to live with Lore Dela Cruz;
6. But on September 17, 2010, Lore Dela Cruz filed for divorce with the Superior Court of
California, County of San Francisco which was assigned as Case No. FDI-10-773111.;
7. The said court rendered a decision dissolving their marital or domestic partnership
status and restoring them to the status of single persons on March 18, 2011. This is evidenced by
the Certificate of Divorce certified as true copy by the Deputy County Clerk of the San Francisco
County Superior Court, and authenticated by the Consulate General of the Philippines in San
Franciso, California. Such Certificate of Divorce is hereto attached, marked and made an integral
part hereof as Annex B.;
8. In April 2011, petitioner received a copy of the divorce decree.;
9. The divorce decree obtained by Lore Dela Cruz allows him to remarry, as a matter of
fact he is about to marry his fianc in the USA.;
10. The laws of San Francisco, California, USA, allow its citizens to file a divorce against
the foreign spouses. On the other hand, paragraph 2 of Article 26 of the Family Code of the
Philippines, permit Filipinos to remarry when their foreign spouses validly obtain a foreign
divorce in his or her country, to wit:
Art. 26 xxx.
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall likewise have the capacity to remarry under Philippine law.
11. In Republic of the Philippines vs. Cipriano Orbecido III, the Supreme Court
held
Nevertheless, we are unanimous in our holding that Paragraph 2 of
Article 26 of the Family Code (E.O. No. 209, as amended by E.O. No. 227), should be
interpreted to allow a Filipino citizen, who has been divorced by a spouse who had acquired
foreign citizenship and remarried, also to remarry.
12. Petitioner desires that the foreign divorce decree validly obtained by Lorenz
Quema, an American Citizen, In San Francisco, California, USA be judicially recognized in the
Philippines, and she be declared capacitated to remarry under Philippine Laws.
231
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the Foreign Divorce
Decree issued by the Superior Court of San Franciso, California, USA in Case No. FDI-10-773111
be judicially recognized in the Philippines, and that Petitioner be declared capacitated to remarry under Philippine Laws.
It is further prayed that a copy of the decision be furnished to the National Statistics
Office for its information and guidance.
Petitioner prays for such other reliefs or remedies just and equitable in the premises.
La Trinidad, Benguet, Philippines for San Carlos City, Pangasinan, Philippines, this 19 th
day of April 2013.
ELVIS P. RESLEY
Of counsel
PTR No. 2134632, 01-04-13, Benguet
Roll No. 60500; 05-03-12; 11-NC-211
Mobile No. 09273848873;TIN: 123-456-789
JURAT
PROOF OF SERVICE
1. Office of the Solicitor General
2. Office of the City Prosecutor
232
COMPLAINT-AFFIDAVIT
Note that in criminal cases, Complaint-Affidavit must be subscribed and sworn to
by the affiant before an Investigating Prosecutor, who will also certify that he has
personally examined and that he is personally satisfied that the affiant has read and
understood the contents of her complaint-affidavit.
SUBSCRIBED AND SWORN to before me this 19th day of April, 2013 at Baguio City,
Philippines. Further, I hereby CERTIFY that I have personally examined the affiant and that I am
satisfied that she have read and fully understood the contents of her affidavit.
DIEGO C. LANG III

(Sgd.) Investigating Prosecutor
Form 28. Jurat with Certification by an Investigating Prosecutor
233
Form 29a. Complaint-Affidavit for Estafa

IN THE CITY OF BAGUIO
} S.S.
X----------------------------------------------X
AFFIDAVIT
COMPLAINT
I, ZSAZSA PADILLA, of legal age, married, Filipino Citizen, and with residence and
postal address at Amistad Road, Camp 7, Baguio City, after having been sworn to in accordance
with law, hereby depose and state:
1.
I am formally filing a criminal case for ESTAFA against Mrs. REGINAL CASID,
with address at B10 L11 Narra Street, Sampaguita Homes, Barangay Sampaguita,
4217 Lipa City, the crime having been committed as follows;
2.
That I am a business woman by occupation as I am engaged in the buy and sell of

2nd hand used clothing which are commonly called Ukay-Ukay, a copy of my
business permit is hereto attached and marked as ANNEX A hereof;
3.
Sometime in the first week of June, 2012, the goods or ukay-ukay which I was
about to purchase from my supplier from Manila were confiscated by several
persons who introduced themselves as Agents of the Bureau of Customs, San
Fernando City and Agents of the Criminal Investigation and Detection Group
Cordillera Administrative Region, Baguio City, respectively. Accordingly, the said
goods were mistakenly believed to be among those smuggled items from abroad;
4.
Several days after the confiscation of the said goods, one of my friends Mrs.
REGINAL CASID, who is actually the broker in my aforesaid business, came to
know about the incident through her kumare Mrs. REMEDIOS ESTEBAN
who is also my close friend. Hence, the former contacted me through her cellphone
and offered her services to cause the release of the aforesaid goods. She told me that
she has the means, capacity and influence to process and facilitate the release of the
above-mentioned goods;
234
5.
6.
Casid promised and assured me that everything will be done and accomplished
properly, and that the goods will be released within a one (1) week period. In this
regard, she convinced me to give her the total amount of SIX HUNDRED
THOUSAND (P600,000.00) PESOS, Philippine Currency With her
misrepresentations, promises and assurances, I indeed agreed and was actually
convinced to give the abovementioned amount that she asked of me. She further
told me to deposit the aforesaid amount in her METROBANK Lipa Branch
Savings Account bearing No. 3145337581;
That considering that I dont have that much available finances at that time, I asked
her if I could make an advance deposit of P400,000.00 and that the balance in
the amount of P200,000.00 shall be deposited soon as I could borrow money
from my relatives, to which arrangement she readily agreed;
7.
That sometime on the second week of June 2012, I deposited the said amount at the
METROPOLITAN BANK & TRUST COMPANY- Baguio Cario Branch in the
respondents above-mentioned account. Attached herewith is a copy of the deposit
slip and marked as ANNEX B hereof;
8.
A few days later, she contacted me and told me to deposit the balance of abovementioned amount agreed upon, since accordingly, the confiscated goods were at
that time ready for release. Trusting her words, I deposited in the morning of June
16, 2012, the amount of P200,000.00 in her Savings Account as aforementioned
at the METROPOLITAN BANK & TRUST COMPANY- Baguio Cario Branch, a
copy of the deposit slip of which is hereto attached and marked as ANNEX C
hereof;
9.
Despite her promises and assurances that she had the means, capacity, and
influence to process and facilitate the release of the goods within one(1)-week,
respondent Casid failed to do so without giving any specific reason;
10.
Likewise, despite the lapse of another week and/or months extension requested by
the respondent to cause the release of the confiscated items, she still failed to do the
same up to the present. All that she has to offer as an explanation is that the papers
for the release of the said goods are still on process;
11.
Up to now however, despite several verbal and written demands for the immediate
release of the goods or for the reimbursement of my money, are the broken
promises of the respondent who obviously made misrepresentations only to deceive
me into giving her my hard-earned money. Hereto attached is a copy of the said
demand letter and marked as ANNEX D hereof;
12.
That I am executing this affidavit to attest to the truthfulness of all the foregoing and
for all legal intents and purposes it may well serve.
235
AFFIANT FURTHER SAY NONE.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of April, 2013 at
Baguio City, Philippines.
ZSAZSA PADILLA
Affiant
SUBSCRIBED AND SWORN to before me this 19th day of April, 2013 at Baguio City,
Philippines. Further, I hereby CERTIFY that I have personally examined the affiant and that I am
satisfied that she have read and fully understood the contents of her affidavit.
DIEGO C. LANG III

Investigating Prosecutor
236
Form 22b. Complaint Affidavit for BP 22
237

PROVINCE OF BENGUET
) S.S.
x---------------------------------------------x
COMPLAINT-AFFIDAVIT
I, MARY A. REYES, of legal age, married, Filipino Citizen, and with residence at No.
72, Bakakeng Norte, Baguio City, after having been sworn to in accordance with law, hereby
depose and state that:
1. I am executing this AFFIDAVIT to support my complaint for VIOLATION OF B.P.

22 AS AMENDED against Mrs. JUANA DELA CRUZ, likewise of legal age,
Filipino citizen, and with address at Km. 4, La Trinidad, Benguet, Philippines;
2. On April 30, 2011 at around 5:00 oclock in the afternoon, we met with Mrs.
JUANA DELA CRUZ at Peoples Park, Malcolm Square, Baguio City, and then and
there, she obtained a loan from me in the sum of FIFTY THOUSAND
(P50,000.00) PESOS, Philippine Currency, with an agreement to pay five (5%)
percent interest per month. Hereto attached is a copy of the receipt/promissory note
and marked as ANNEXA to form part hereof;
3. When the said loan became due and demandable on July 30, 2011, Mrs. DELA CRUZ
failed to pay the same. Hence, several demands were made against Mrs. DELA CRUZ
for her to pay her obligation but she refused to do so;
4. Finally, sometime on the month of March 2013, I went to their residence at Km. 4, La
Trinidad, Benguet purposely to demand the payment of her obligation and there she
issued three (3) postdated checks as payment of the same. Said checks are hereinbelow described as follows:
DRAWEE BANK
Equitable PCI Bank
CHECK NO.
0118076
DUE DATE AMOUNT

04-30-04
P 25,830.00
0118077
05-30-04
P 25,830.00
0118078
06-30-04
P 25,830.00
Benguet Br.
Equitable PCI Bank
Benguet Br.
Equitable PCI Bank
Benguet Br.
5. When the aforesaid checks were presented for payment on date due or soon
238
thereafter, the same were dishonored for the reason ACCOUNT CLOSED as
stamped at the back of each of the checks. Hereto attached are machine copies of the
said checks and marked as ANNEXES B, C, & D, respectively, to form part
hereof;
6. Despite notice made upon Mrs. DELA CRUZ that her checks were dishonored by the
drawee bank and despite demands on her to make good in cash the value of the
aforementioned checks, she refused, ignored and neglected to do so. A machine copy
of the last demand letter is hereto attached and marked as ANNEX E hereof;
7. The act of Mrs. JUANA DELA CRUZ in obtaining a loan and issuing postdated
checks as payment thereof knowing fully that the same were drawn against
CLOSED ACCOUNT constitutes VIOLATION OF B.P. 22 as amended;
8. I am executing this affidavit to attest to the truth of all the foregoing and for any legal
intents and purposes it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of April 2013 at
La Trinidad, Benguet, Philippines.
MARY A. REYES
Affiant
JURAT with CERTIFICATION
(by the Investigating Prosecutor, Form 28)
Form 29c. Complaint Affidavit for Illegal Recruitment
239

DONE: IN THE CITY OF BAGUIO } S.S.
X ---------------------------------------- X
COMPLAINT-AFFIDAVIT
I, VIC A. REYES, Filipino, of legal age, single and with residence at 34 Pinget,
Baguio City after being duly sworn in to accordance with law, hereby depose and say:
1. That I am filing a complaint against Kim Dahae, a Korean National for Illegal
Recruitment, who presently resides at 7B City Camp, Baguio City ;
2. On November 13, 2012 I met the said respondent and offered me to work at a
certain Han-Chon Restaurant and KTV Bar in Seoul.
3. Kim Dahae promised that I will work as crew and entertainer in the restaurant
and earn a salary ranging from P30,000 to P100,000 monthly.
4. Convinced by the accused, I paid her for my travel documents and to secure their
working visa, Philippine passport and among others, which are to be processed in
Korea for P15,000.
5.
The accused even offered me to pay nothing if I would agree for a sexual
pleasure, which I declined.
6. After paying, the accused told me that the schedule of their flight was already
been booked, but was not actually true, months passed but even my passport nor
visa wasnt given by the accused.
7. This prompted me to validate and inquire from the Bureau of Immigrations if the
Korean has permit to recruit, but the Bureau of Immigrations referred them to
Philippine Overseas Employment Agency (POEA).
8. Upon inquiry at POEA, I found out that the Korean national was not licensed nor
authorized to recruit.
IN WITNESS WHEREOF, I have affixed my signature this 19th day of April 2013
VIC A. REYES
Affiant
Form 29d. Complaint Affidavit for Serious Physical Injuries
240
AFFIDAVIT - COMPLAINT

PROVINCE OF BENGUET
)
MUNICIPALITY OF LA TRINIDAD ) S.S.
I,VIC SANTOS Sr., of legal age, Filipino Citizen, and with residence at JC-15 km 4,
Central Pico, La Trinidad, Benguet, after having been sworn to in accordance with law, hereby
depose and state that:
1. I am executing this AFFIDAVIT to support my complaint for SERIOUS
PHYSICAL INJURIES and other appropriate charges against herein respondents,
namely:
1a. JUAN ROBLES, likewise of legal age, Filipino citizen, and with address at FA 226,
Km. 4 La Trinidad, Benguet;
1b. JOHN ROBLES, likewise of legal age, Filipino citizen, and with address at FA 226,
km. 4, La Trinidad, Benguet;
2. On the night of November 2, 2012 at about 11:00 pm, I just got out from a jeep just in
front of the Pure Gold Mall, located at Km. 4 La Trinidad, Benguet. Im a medical
transcriptionist and I was just going home after my 3-11 shift. As I alighted from the jeep, I
noticed that there are two men on the opposite side of the road.;
3. The two men seem two men were shouting and cursing and they appear to be drunk. I
heard one of them say, Oho, agin lalaing da. Agin lalaing da amin!.I paid no attention to them.
I just walked a few meters from where I alighted from the jeep until I was just fronting the
Marosans Restaurant and Bakery from the opposite side of the road;
4. One of the men suddenly shouted, Apay nga sumursurot ka ken kumita kita ka?
Apay amamo mi sika? Amamo dak ba? I still paid no attention to them. I was hoping that they
would simply pass by and no longer mind me or pay any attention to me;
5.
The other one then replied, Oho, mayka ditoy! Mayka ditoy! At this point, I
started to be wary but I still paid no attention to them. I then heard one of the men say to the
other, Data ngarud mapan dita. Ni bakla met gayam! Wen ah. replied the other. The men
then rushed from the opposite side of the street and came running towards me;
6.
At first, though I was shocked and taken aback by the turn of events, I tried
reasoning out though I started walking backwards quickly. I said to them, Ni apay manong,
anya inaramid ko. They simply answered, Mayka kitdi ditoy!;
241
7.
I then ran going inside the bridge located at Pines Park, Balili La Trinidad, Benguet
hoping to reach the Police Station at the other end of the bridge. However, I was overtaken, and
I simply felt a huge blow and thud at my back. Though I was hurt, I continued running towards
the Police Station. I suddenly felt someone grab both my arms and place them behind my back. I
resisted and tried defending myself but I was overpowered. One man suddenly grabbed my neck
from behind and choked me. The other man came in front of me and punched me on my
abdomen. That man continued punching me on my face and abdomen. I was badly beaten and
assaulted. The spot where I was beaten was well lighted by a street light. I tried pleading for the
men to stop but I could not as I was getting choked and I could not utter any word. Luckily, a
group of Barangay Tanods was passing by, they approached and to try and pacify the two men.
The men suddenly fled;
8.
I was brought to the Emergency Room of Benguet General Hospital where I was
initially treated. Later I was transferred to the Surgical Ward where I was confined for 8 days. A
copy of my medico legal and other medical records are attached as Annex A hereof.
Photographs of my scars, bruises, and other injuries sustained taken immediately just after the
assaulting incident while I was at the ER are also attached as Annexes B, C, D, E, F,
G, and H, respectively.;
9.
During my hospitalization, a police man later came to take my statements. The
tanods reported the incident right after they brought me to the hospital. Police blotter and
investigation reports were subsequently made. Copies of the Investigation Report and the Police
blotter are attached as Annexes I and J respectively.;
10.
Just recently, a similar incident was reported to the police. This time, the
suspects were caught by the Tanods and brought to the police. As mug shots of the suspects were
shown to me, I readily recognized them as the same persons who assaulted me on that unlucky
night.;
11.
As a result of my injuries, I incurred some deformities on my face and my body
and I was unable to attend the work in which I am habitually engaged for a period of more than
ninety days. This will be shown by my earlier mentioned medico legal and medical records. My
employer also issued a certification based on our Daily Time Record that I was unable to attend
work for a period of more than 3 months. A copy of the Certification is attached as Annex K.;
12.
I am executing this affidavit to attest to the truthfulness of the foregoing
statements and for all legal intents and purposes it may well serve including the filing of
Serious Physical Injuries and other appropriate charges against Masun Urin and
Mauna Wain
IN WITNESS WHEREOF, I have hereunto affixed my signature this 19th day of April,
2013 at La Trinidad, Benguet, Philippines.
242
VIC SANTOS Sr.

Affiant
Form 29e. Complaint Affidavit for Oral Defamation

243
AFFIDAVIT - COMPLAINT
LA TRINIDAD, BENGUET
) S.S.
x---------------------------------------------x
I, VIC SANTOS Jr., of legal age, single, Filipino Citizen, with residence and postal
address at BD-038 Samoyao, Alapang, La Trinidad, Benguet, after having been sworn to in
accordance with law, hereby depose and state that:
1. Sometime on February 2013, while I was at the National University of Baguio, as I am an
instructor in the said University, I received a text message from Ms. Sal Arin requesting
me to have a talk with her to discuss matters pertaining to our residential lot;
2. Since we are neighbors at Samoyao, Alapang, La Trinidad, Benguet, I agreed to meet her
at Samoyao Day Care Center;
3. During such meeting, she claimed that my father has made encroachments, the reason
why the area of our residential lot has increased compared to that which was originally
sold to him. She likewise claimed that my father forged the Deed of Sale transferring the
property from his father, Martin Arin, to my father;
4. I then clarified to her that the area which we are now actually occupying was properly
surveyed and the same is reflected in the Tax Declaration and Title covering the said
property;
5. She unfortunately insisted that we pay the corresponding value of the alleged increase in
the area;
6. As we failed to reach an agreement, we finally parted ways, but before we did so, she
warned me that we better make up our mind and settle the matter with her as she has
started paying a lawyer already;
7. I immediately went home after that and related what transpired to my mother. She then
confirmed to me that the area of our residential lot correctly reflects the area actually
sold by the previous owner to my father;
8. At that, I texted Ms. Arin and advised her to show any papers/documents to support her
claim that my father made encroachments and even forged certain documents;
9. Unexpectedly, Ms. Arin replied in this manner and in the vernacular: AY KASJAY,
HAJAY MAY LAST WORD KO ANGKEN AGK2 LA MANPIPINANSIN
NGARUD. WHAT 4 NGAY KET TRAIDOR KA GAYAM KUNWARI AGMO
AMTA DINGDINGKA TATANG MO. NGEM SAJAY E KNAAGPAYSO, AYSHI
EMO ARAMID JEN EG AMTA NI AFO SHIYOS, TAN AYSHI NGO MET EMO
E KNADAKES JEN EGMASHUSA.
PYAN MO GAYAM JEN USALEN
NENDADEM ITA ENISKWEDAM NI LAW NI KINADAKES, KATATAKOT
244
KAGAYAM. HATA ENASHAL MO GAYAM KET PARA USALEN MO NI

KNADAKES.
SAFAY KUMA SO MAHKES NI INDADANES JO EG
ENBWELTA JEN ENKALAT SON CKAYO. NAN-IINGES KYON SAN AAGI
GAYAM. ILABAN JO GAYAM I DINUDUHO. NAGN2 NGATA JUHA
IDUDWADO SHI SIMBAAN NU KAYO MANMISA? JEN SAFAY KUMA TA
EGSHAHAYO SHUS-SHUSAEN NI ARAMID JO? UNO SAFAY KUMA TA
ESHAHEL PAY E BIKTIMAEN JO? C SATANAS DAPAT JEN PANSHEVATAN
JO A TA JOHA PAN-INSULTO-A MET AFO SHIYOS NI TRAIDOR JEN
ARAMID JO. PGA PAY NGATA E BIKTIMA-ENJO??? KAYANGKAYAYO
GAYAM PANBIYAG E INDAYOD DNUDUHO TAN KNATRAIDOR? MAY
SATAN BLESS YOUR FAMILY!!!, quoting the exact text message that I and my
sister received and noted down by my sister;
10. Subsequently, on March 22, 2013, I met Ms. Arin while I was on my way going to our
store and she might be on her way to their garden;
11. Unexpectedly, she stopped right in front of me and I was face to face with her;
12. She said that she has something to say, so I told her to just say so;
13. Then she told me not close our gate if possible. I thereafter explained to her that we
could not do so as dogs would be entering the area if the gate is left open. Besides,
crimes have been committed in our place;
14. She said further that if thats the case, we should put our gate right at the entrance of our
house. I then further clarified that we placed the gate where it currently is because my
father rightfully owned the private road anyway;
15. Upon hearing what I have said, she flared up, her eyes became enlarged, she stared at me
and shouted in the vernacular, NU KASTA NGARUD, PANSAPATA KA!;
16. I tried to ignore her and walk my way through, but she stretched both of her arms
sideward, blocking my way and still shouting at me telling me to swear;
17. I was shocked and frightened because it was only then that I noticed the knife she was
holding in her hand. Although I felt insulted/ offended, I still tried so hard to maintain
composure and I only told her in the vernacular Entoy jen hatan ka Manang Sal,
grabe ka. Dawka. Dawka mupan sapata si tatang kod baley ta sikato
mahinbuday niyay. Mansekit la ngaruden i too, hatan ka pay lang
18. She, however shouted at me saying further CRIMINAL SI TATANG MO;
19. Upon hearing that, I burst out in tears;
20. Then, one of our neighbors came out from their house to pacify her while she was still
shouting and I was crying. Our neighbor in fact, took the knife she was holding and kept
it away from Ms. Arin;
245
21. After a while, my younger sister came to comfort me;

22. In the afternoon of that same day, Ms. Arin, using a marker, wrote the following words
on our gate PRIVATE PROPERTY OF MARTIN ARIN FIND YOUR OWN
ENTRY;
23. And again, on March 23, 2013, she placed a signboard near our gate that reads
WARNING, THIS PRIVATE ROAD OF MARTIN ARIN INCLUDING ALL
LOTS ILLEGALLY SQUATTED WILL BE CLOSED. FIND YOUR OWN ENTRY
A.S.A.P.;
24. In the morning of the next day, March 24, 2013, I, my younger sister and my brother-inlaw saw the signboard. I was taking pictures while my younger sister and my brother-inlaw were about to remove the same when Ms. Arin approached us;
25. In our effort to avoid Ms. Arin, my younger sister and brother-in-law decided to go home
while I decided to proceed on my way for work;
26. While my brother and sister were walking towards our house, I saw Ms. Arin following
them while shouting FORGERY! at them;
27. Since we did not pay her attention, respondent went to our store which was located a few
meters away from our house, to see our mother who was then with my older sister;
28. Ms. Arin started accusing my mother as the one who ordered the signboard to be
removed;
29. Offended, my older sister advised Ms. Arin to show respect to our mother who was old,
and said in the vernacular IRESPETOM MET A I IBAKOL. But she instead replied
APAY SIKAM, WARA RESPETOM?;
30. Due to her shouting and very loud voice, some passersby and some of our neighbors
came out of their house and witnessed the incident, to our embarrassment;
31. I am therefore executing this affidavit for the purpose of filing a criminal complaint for
SLANDER/GRAVE ORAL DEFAMATION against Ms. SAL ARIN for accusing me
and members of my family as CRIMINALS, SQUATTERS, FORGERS and
DISRESPECTFUL PEOPLE;
32. Further, to attest to the truth of all the foregoing and for any legal intents and purposes it
may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day of April, 2013
at La Trinidad, Benguet, Philippines.
246
VIC SANTOS Jr.

Affiant
Form 29f. Complaint-Affidavit for Rape

REPUBLIC OF THE PHILIPPINES.)
PROVINCE OF BENGUET
)
MUNICIPALITY OF LA TRINIDAD ) S.S.
AFFIDAVIT-COMPLAINT
247
I, JUANA DELA CRUZ, of legal age, single, with residence and postal address at FE
150 Butiwtiw, Balili, La Trinidad, Benguet, under oath, depose and state that:
1.
On October 19, 2012, just after a few days from my mid-year graduation from the
College of Accountancy, Saint Louis University, I along with some classmates and friends had a
night out as a way of celebrating our graduation.;
2.
I, along with my companions had enjoyed the night. We had quite a drinking
spree;
3.
We hopped into three bars, our last stop being ALBERTOs, located at Legarda
Road, Baguio City.;
4.
It was about 3:00 am already of the following day, October 20, 2012 when our
group decided to call it a night and go our separate ways. Though some of my friends offered to
accompany me and walk me home, I insisted that I go home on my own;
5.
As I am the only one from our group that goes home to La Trinidad, I was the
first to ride a taxi. We then flagged down a taxi, and asked the driver if he wishes to drive until
Km. 3 La Trinidad, Benguet. To this the driver agreed. I still remember the facial features of this
driver. He has short curly hair with a dark complexion, with a distinctive mole at the left side of
his nose and a scar running across the right side of his forehead until his right ear;
6.
Before the taxi driver drove off, the Security Guard on duty for Albertos at that
time listed down its Plate Number. The taxi was identified as a white, 2009 Inova with Plate No.
ABC-123;
7.
I instructed to the driver where my destination is. I specifically told the driver to
drop me off at the Hanging Bridge located at Km. 3 La Trinidad, Benguet near the Km. 3 City
Limit Store.;
8.
Although I was initially well aware of my bearings, I felt that my consciousness
gradually faded as the taxi drove on. Despite my best efforts to rouse myself, my lights went out.
I then went to sleep without remembering anything except that I was still inside the taxi;
9.
I vividly recall that when I woke up, I felt nauseated and I was breathing heavily. I
suddenly realized that someone was on top of me and I felt that I was no longer wearing my
pants and my underwear. I also felt some push and pull motion.;
10.
Gathering all the courage that I could muster, I shouted at the top of my voice
and pushed away the person on top of me. I recognized then and there that he was the taxi
driver of the taxi where I rode earlier;
11.
The man seemed startled and surprised. He was taken aback and quickly pulled
up his underwear and his pants as he did not remove them but simply let them hang up to his
248
knees. He then ran out of the room.;

12.
I was still shouting as I panicked then and there. I was quite hysterical that some
persons rushed to the room to check what is happening. I realized that I was inside a room. The
people who came running to check what is going on explained that they are personnel of
Hollywood Inn, which is located at Marcos Highway.;
13.
I then reckoned that I probably passed out and went to sleep as I was still in the
taxi. The driver then developed lewd designs as he apparently drove to Hollywood Inn, rented a
room, and raped me or at least committed sexual acts against my will.;
14.
I was then aided to go home. I narrated the incident to my parents who then sent
me to the Hospital to undergo appropriate medical examinations. A copy of the Medico Legal
and Medical Certificates are attached as Annexes A and B respectively hereof;
15.
We also proceeded to the Police Station at La Trinidad, Benguet where my
statements were taken and a Police Blotter and Investigation Report were later accomplished.
Copies of the aforesaid documents are attached as Annexes C and D respectively hereof.;
16.
We were advised at the police station to locate the taxi, its operator and driver. I
was accompanied by my parents and my best friend as we proceeded to ALBERTOs to see the
taxis plate number;
17.
The guard was the same guard who was on duty earlier. As such, he recognized
me and showed to us the log book, where he entered my name, the time I left, and the plate
number of the taxi where I rode. A copy of the logbook and an affidavit of the guard attesting to
the incidents that night are attached as Annexes E and F respectively hereof;
18.
We went next to the Land Transportation Office, Regional Office. There we were
able to trace the taxis operator and his address. The taxi operator is identified as Richie Reyes of
1 Honeymoon Road, Baguio City. We managed to locate the operator and he immediately told us
who the taxis driver is. A copy of the taxi operators affidavit attesting who his regular driver is,
is attached as Annex G hereof;
19.
We were able to locate the driver as pointed by the taxis operator. Upon seeing
him, I immediately came to know that he is not the one who was driving the taxi earlier. The
driver, identified as Jose Roldan immediately told us that indeed, he did not drive the taxi for
the past three days as he just recently came from Pangasinan. However, he managed to state
that in his absence, he let a man named John Andres drive the taxi in his absence unknown to
the operator. The operator, who offered to accompany us at that time, was furious at his driver.
A copy of Jose Roldans affidavit attesting to the fact that it was one John Andres who was
driving the taxi during the previous night is attached as Annex H hereof.;
20.
When I was shown photographs of John Andres, I immediately recognized him as
the one who drove the taxi earlier and also the same man who was with me at one of the rooms
249
at Hollywood Inn;
21.
Jose Roldan accompanied us to John Andres residence at No. 123 Quirino Hill,
Baguio City. We were able to get police assistance at that time but to our dismay, John Andres is
no longer at his residence. We learned that he has not returned since he last went out to drive
the taxi. It was also at this point that Richie Reyes and Jose Roldan suddenly remembered that
the taxi was still not brought into Richie Reyes garage. The taxi was later found still parked at
Hollywood Inn. We also discovered that indeed, John Andres checked in into Hollywood Inn at
about 6:00 am of October 20, 2012. A copy of the Hollywood Inns logbook and with an affidavit
of the Hollywood Inns secretary/receptionist and the security guard are attached as Annexes
I, J, and K respectively hereof;
22.
I am therefore executing this affidavit for the purpose of filing a criminal
complaint for RAPE against Mr. John Andres and to attest to the truth of all the foregoing and
for any legal intents and purposes it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day of April 2013 at
Baguio City , Philippines.
JUANA DELA CRUZ

Affiant
Form 29g. Complaint-Affidavit for Murder

DONE: IN THE CITY OF BAGUIO } S.S.
X ====================== X
COMPLAINT-AFFIDAVIT
250
I, JUAN LLOYD CRUZ an Investigating Prosecutor in Baguio City, has a good

reason to believe that, Mario Super, who is hereafter called Defendant, on or about the 1 st
day of April 2013, and before the making and filing of this complaint, in the City of Baguio,
did unlawfully commit the offense of Murder, to wit, did then and there intentionally and
knowingly cause the death of, Vic Tima III by the Defendant contrary to the Article 248 of
the Revised Penal Code.
Affiant has learned the following facts:
1. On April 1, 2013, at approximately 12:00 midnight, the Police Department
responded to a medical call involving a stabbing incident at Dizon Subdivision
located within the City of Baguio.
2. During the interview on April 5, 2013 I conducted to witness Christopher Cris, a
copy of the Sworn Statement is hereto attached as Annex A, Mario Super a
resident of 76 Dizon Subdivision Baguio City, is charged of murder committed as
follows:
a. At about 6:00 pm of April 1, 2013, Christopher Cris and his friends Rodel
Rods, Rodelio Leon, Arsenio Arsen, and Vic Tima III were in the house of
Dominador Cris, Christophers father located at 38 Dizon Subdivision,
Baguio City. They were having a drinking spree in celebration of
Christophers birthday.
b. At about 8:00pm Dominador arrived with Mario. The latter joined
Christopher and his friends in their drinking and merrymaking. After
sometime, a commotion ensued when Mario created trouble and
challenged Vic to a duel. Christophers mother tried to call. When she
failed, Dominador intervened and succeeded in bringing Mario home.
c. At about 11:00 pm, Christopher and his friends agreed to call it a night.
Christopher told his parents that he, along with Arsenio and Vic would
accompany Rodel to their house.
d. As they were passing by the house of Mario, the latter sneaked from
behind Vic and stabbed him at the back. Arsenio tried to restrain the
appellant, but the latter stabbed him on the right arm.
e. Mario continued to stab Vic as Christopher and Rodel ran to the Bantay
Bayan Office for help.
f.
When they met Dominador on the way, they informed him of the stabbing
incident.
g. Dominador, together with some barangay tanods, proceeded to the place

of the incident to conduct an investigation. On their way, Dominador saw
Arsenio who was then fleeing to their house and notice the wound on the
latters right arm. Arsenio told Dominador that he and Vic were stabbed
by Marcelo. Dominador then rushed to the house of Mario, and saw the
bloodied body of Vic lying by the roadside.
251
3. Eduardo T. Vargas, Medico-Legal Officer of the National Bureau of investigation,

performed an autopsy on the cadaver of Vic Tima III and signed his Autopsy
report, attested that indeed Vic Tima IIIs cause of death was due to the several
stabbed wounds one of which was from his back. A copy of the Postmortem
Findings is hereto attached as Annex B;
4. Based on the foregoing, it is beyond cavil that respondent Mario Super
committed the crime of Murder, qualified by treachery under Article 248 of the
Revised Penal Code. There is treachery in the commission of the crime when (a)
at the time to attack, the victim was not in a position to defend himself; (b) the
offender consciously and deliberately adopted the particular mean, method and
form of attack employed by him.
IN WITNESS WHEREOF, I have affixed my signature this 19th day of April 2013
JUAN LLOYD CRUZ

Affiant
Form 29h. Application for Probation

Baguio City
Branch 7
Plaintiff,
252
CRIMINAL CASE NO. R-1158

For: Serious Physical Injuries
v.
ANDREW SANTOS III,
Accused.
x----------------------------------------------x
APPLICATION FOR PROBATION

COMES NOW, the accused, through undersigned counsel, unto this Honourable
Court, respectfully states that:
1. He is of legal age, single, Filipino citizen and a resident of 56 Upper Magsaysay
Rd., Baguio City, Philippines;
2. On December 10, 2012, the Honourable Court rendered judgment on the aboveentitled case convicting him of the crime of serious physical injuries and
sentencing him to suffer the penalty of imprisonment, the dispositive portion of
which read as follows:
Wherefore, judgment is hereby rendered, finding the accused
guilty of serious physical injuries defined and penalized under Article 263
of the Revised Penal Code, who is hereby sentenced to suffer an
indeterminate penalty of two (2) months and one (1) day of Arresto
Mayor, as minimum and one (1) year and four (4) months of Prision
Correccional, as maximum.
On the Civil aspect, accused is hereby ordered to pay the
complainant the amount of Seventy Five Thousand pesos (PhP 75,000.00)
as reimbursement for actual expenses.
So ordered.
3. In view of the foregoing judgment, the accused hereby most respectfully applies
before the Honourable Court for probation;
4. The accused further states that he is not one among those offenders disqualified
to avail of the benefits of probation, as provided under Section 9, of Presidential
Decree No. 968, as amended, to wit:
Section 9. Disqualified Offenders. The benefits of this Decree shall not be
extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six
years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day
and/or a fine of not less than Two Hundred Pesos;
253
(d) who have been once on probation under the provisions of this Decree;
and
(e) who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof. (italics supplied)
5. The accused has not perfected nor does he intend to perfect an appeal from the
aforementioned judgment of the Honourable Court;
6. He further undertakes to faithfully and religiously comply with the conditions of
the probation as provided for under P.D. 956 (Probation Law of 1976) or as may
be ordered by the Honourable Court should this application for probation be
granted.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this pleading be
noted and made part of the records of the above-entitled case and that this Application for
Probation filed by the accused Aku Sado III be granted.
Other relief just and equitable in the foregoing is likewise prayed for.
Done this 19th day of April 2013 in Baguio City, Philippines.
ELVIS P. RESLEY
Of counsel
PTR No. 2134632, 01-04-13, Benguet
Roll No. 60500; 05-03-12; 11-NC-211
Mobile No. 09273848873;TIN: 123-456-789
Email Address: outsmart90@yahoo.com
NOTICE
Regional Trial Court, Branch V
Baguio City
PROS. CARMELO VALENTIN
254
Public Prosecutor
ATTY. JACK ESPERANZA
Private Prosecutor
Greetings!
Kindly submit the foregoing petition for probation to the Honorable Court for its
consideration and approval.
ATTY. ELVIS P. RESLEY

Of Counsel
PROOF OF SERVICE
2. Private Prosecutor
PETITION IN SPECIAL PROCEEDINGS CASES

Form 30a. Petition for Change of Name
BRANCH 24
Baguio City
255
In the Matter of change of name

of Pedro Baliw to Pedro Velez.
SP. PROC. NO. 1234
PEDRO BALIW,
Petitioner.
x-----------------------------------------x
PETITION
1. Petitioner is of legal age, single and with residence at Bakbakan, Baguio City.
2. Petitioner was born on October 11, 1988 and his fathers name was Wally Baliw, while
his mothers name was Martha Velez. His birth certificate showed that the name given as Pedro
Baliw, true copy of which is attached hereto as Annex A. His school records until he finished
high school carried the name of Pedro Baliw.
3. Petitioner has no alias name.
4. The family name, which he carries, Baliw, means in English Insane, which has
evoked derisive laughter among his schoolmates and neighbors and has caused him
embarrassment, in his social and school dealings.
5. Petitioner desires to change his name from Pedro Baliw to Pedro Velez, which is the
surname of his mother, to avoid derisive laughter among his playmates and schoolmates in high
school and prevent embarrassment, as he now intends to further his studies in college, and, after
college, to marry and go into business. He did not want that his children would suffer the same
derisive remarks and embarrassment, as what petitioner had suffered for long.
WHEREFORE, petitioner prays that after notice, publication, and hearing, judgment
be rendered changing petitioners name from Pedro Baliw to Pedro Velez.
ATTY. GLORIA SAPIDA

Counsel for Petitioner
256

Form 30b. Petition for Correction of Entry in a Birth Certificate

BRANCH 4
Baguio City
In the Matter for Correction of Entry in the
Civil Registry as to the father of the child.
LITO REYES,
257
Petitioner,
SP. PROC. NO. 1235

For: Correction of an Entry
v.
The Civil Registrar of Baguio City,
The Solicitor General and the City
Prosecutor of Baguio City and
Aida Alonzo
Respondents.
x-----------------------------------------------x
PETITION
1. Petitioner is of legal age, legally married to Lorna Cruz-Reyes, with whom he has 3
children. Petitioner and his wife have their residence at San Luis, Baguio City.
2. On or about March 12, 2013, a person who introduced himself as Fe Regalo and a
boy of about 8 years old called on him at petitioners residence and Fe Regalo told petitioner that
the boy was petitioners child, born on April 7, 2002, and showed him a Xerox copy of a birth
certificate showing that the boys name was Lito Reyes Jr., his parents were a certain Aida Reyes
and Lito Reyes, the same name of herein petitioner, and that Aida Reyes was married to Lito
Reyes. Fe Regalo was asking petitioner for financial support of the boy.
3. Investigation showed that the person who gave information and data that were
reflected in the birth certificate of the boy was a woman who claimed to be Aida Reyes; that the
mothers true name was Aidalyn Valdez; that she gave birth to the boy at the Baguio General
Hospital, which in turn transmitted the birth certificate for recording at the Baguio City Civil
Registry; that the mother was a single mother, and the boy was born out of wedlock, with no
known father; and that the woman who claimed to be Aida Reyes had been residing at Slaughter
Compound, Baguio City where she may be given notice.
4. The information and data in the birth certificate that petitioner was the father of the
boy; the petitioner was married to Aida Reyes; and that the surname of both was Reyes as
referring to petitioners surname were all false and had no basis in fact, and the informant of
data shown in said certificate committed falsification, in an attempt to extort money from
petitioner.
5. There is need to correct the information in said certificate of birth of the boy, by
deleting the information that petitioner was the father of the boy, that the boys surname was
Reyes and that petitioner was married to Aida Reyes, for the peace of mind of petitioner and
the members of his family and for the sake of truth.
PRAYER
258
WHEREFORE, petitioner prays that the Civil Registrar of the Baguio City, the City
Prosecutor, the Solicitor General, and the woman named Aida Reyes be summoned to answer
the petition; and that after notice, publication and hearing, judgment be rendered correcting the
certificate of birth of the boy Lito Reyes Jr. by deleting from said certificate the surname
Reyes, the fact of marriage of Aida Reyes to petitioner, of petitioners being the father of the
boy Lito Reyes Jr., and for such other reliefs as may be just and equitable in the premises.
Baguio City, Philippines, 19 April, 2013.
ATTY. GLORIA SAPIDA

Form 30c. Petition for Declaration of Presumption of Death

BRANCH __
Baguio City
In the Matter of Petition for Declaration
of Presumption of Death
SP. PROC. NO.
259
JENNILYN MERCADO-GARCIA
Petitioner.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PETITION
Petitioner, by counsel and to this Honorable Court, alleges that:
1. The petitioner is of legal age, Filipino citizen, and a resident of Loakan Proper, Baguio
City;
2. The petitioner and her husband, PATRICK GARCIA, were married to each other, on
November 26, 2000, before Fr. James Desmet, CICM, at the Saint William the Hermit,
Roman Catholic Church, San Fernando City; Attached herewith, marked as Annex A
and made an integral part of this petition is a copy of the marriage certificate;
3. Out of the said marriage, children were born, to wit:
NICOLE MAE GARCIA
Born on January 8, 2002 at Baguio City
BRYAN GARCIA
Born on November 7, 2004 at Baguio City
- and JOSHUA MARTIN GARCIA
Born on November 8, 2005 at Baguio City
(Attached herewith, are the birth certificates of said children correspondingly marked as
Annex B, Annex C and Annex D);
4. The petitioners husband left the conjugal abode on June 2005 for a leisure trip in
Thailand granted by his employer and no news about said respondent had been received
since then;
5. The common children have since been legally adopted by the petitioners parents who are
U.S. citizens and have been living in the United States since their respective adoptions
were granted;
6. Given the lapse of time since the last news or sighting of the petitioners husband, the
latter may now be declared legally dead for all intents and purposes.
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court to render judgment as
follows:
260
a. That after due hearing, a declaration that petitioners husband, PATRICK GARCIA, be
declared PRESUMPTIVELY DECEASED for all legal intents and purposes;
b. That petitioner prays for which other reliefs which in the determination of this
Honorable Court may be just and equitable under the premises.
Baguio City, 19 April 2013.
ATTY. GLORIA SAPIDA


Form 30d. Petition for Guardianship of a Minor

BRANCH __
Baguio City
IN RE: IN THE MATTER OF THE
GUARDIANSHIPOF MINOR
BABY CRUZ
Sp. Proc. No.
AIDA LORNAFE,
Petitioner.
x-------------------------------------x
261
PETITION
Petitioner, through the undersigned counsel and before this Honorable Court, states
that:
1. Petitioner AIDA LORNAFE, is of legal age, a Filipino citizen, single and a resident of
130 New Lucban, Baguio City;
2. BABY CRUZ, whom guardianship is prayed is an 11-year-old minor, and a resident of
No. 42 Lualhati Road, Pacdal, Baguio City, attached herewith is the photocopy of the
minors birth certificate and marked as Annex A;
3. Sometime in March 16, 2012, Ms. Lita Cruz, the mother of Baby Cruz was diagnosed with
ENDOMETRIAL CARCINOMA STAGE III-C CANCER and hereby consents to the
petition for guardianship over the person of the above-named minor and for the issuance
of the corresponding letters of guardianship in favor of Ms. Aida Lornafe;
4. The biological father of Baby Cruz is a Canadian citizen living in Calgary, Canada with
another family;
5. Ms. Lita Cruz, the mother of minor Baby Cruz, is the co-owner of a house located at No.
42 Lualhati Road, Baguio City, and likewise the owner of several shares of stocks of
RUINS INCORPORATED and TEOFELIX AGRO INDUSTRIAL CORPORATION, and
due to her unfortunate health condition wishes to transfer ownership over the said
properties to minor BABY CRUZ , her compulsory heir and be the subject of
guardianship as well;
6. The names, ages and residences of the relatives of the named minor are the following:
Names
Gino Cruz
Regina Limcangco
Catherine De la Rosa
Caridad Domingo
Relationship
Uncle
Cousin
Aunt
Aunt
Ages
30
28
35
37
Residences
Rosario, Pangasinan
Bocaue, Bulacan
Quezon City
Giunubatan, Albay
7. Letters of guardianship over the person and properties are prayed for by petitioner, who
is the godmother of the minor, and with whom the minor is entrusted every time the
mother of the minor is not capable of performing her obligations due to her unfortunate
health condition and considering the fact that the father of minor is not residing in the
Philippines, the latter being a Canadian citizen and has his own family there.
PRAYER
262
WHEREFORE, premises considered, petitioner respectfully prays to this Honorable

Court after due hearing, that the petitioner be appointed guardian over the person and
properties of minor Baby Cruz and that corresponding letters of guardianship be issued in her
favor.
All other relief just and equitable under the circumstances is likewise prayed for.
ATTY. GLORIA PETER-DAIAM

Form 30ei. Petition for Habeas Corpus (Detention)

FIRST JURDICIAL EGION
Branch ___
Baguio City
PATRICIA SALVADOR DUMEG,
Representing her son
MARK S. DUMEG,
Petitioner,
v.
P/SINSP MARCOS C. EBLAHAN JR and
SPOIII MARQUEZ K. MADLON, Regional
Chief and Member, respectively, of the 14TH
REGIONAL NARCOTICS OFFICE, PHILIPPINE
NATIONAL POLICE NARCOTIC GROUP, AND
ALL THEIR AGENTS OR THOSE ACTING
FOR AND IN THEIR BEHALF,
Respondents.
x________________________________x
263
SP.PROC No.
For: Writ of Habeas Corpus
PETITION
Petitioner , by and through the undersigned counsel, states that:
1.
Petitioner, the biological mother of MARK DOMEG, is of legal age, married,
Filipino citizen, with residence and postal address at No 18A-7 Lopez Jaena, Aurora Hill, Baguio
City;
2.
Respondents P/SINSP MARCOS C. EBLAHAN, JR and SPOIII
MARQUEZ K. MADLON are the Regional Chief and member, respectively, of the 14 th
Regional Narcotics Office, Philippine National Police Narcotics Group, Baguio City, both of legal
age, Filipino citizens and with office and postal address at DPS Compound, Baguio City where
they may be served with summons and other processes of the Honorable Court;
3.
On June 16, 2012 at about 7:00 oclock in the evening, MARK DUMEG was
picked up without any apparent reason by respondent SPOIII MARQUEZ K. MADLON and two
(2) other unidentified male persons while the former was on his way to buy milk for his kid at
Manuel Roxas Street, Baguio City;
4.
At around 7:30 in the evening that same day, June 16, 2012, petitioner received a
call from the cellular phone of her son MARK DUMEG, asking her to go to the NARCOTICS
OFFICE immediately and there he will explain everything;
5.
Without wasting anytime, petitioner proceeded to the Office of the respondents
and arrived at exactly 8:00 oclock that evening;
6.
Upon petitioners arrival, she saw her son Mark and respondent MADLON
standing at the veranda of a house opposite the 14 th Regional Narcotics Office;
7.
Petitioner then heard her son Mark inform MADLON that she is her mother.
Thereafter, MADLON and Mark went out of the house and as they approached the petitioner,
MADLON told them that they should talk inside one of the parked passenger jeepneys nearby.
Petitioner, her son Mark and MADLON then entered a parked PNR Passenger Jeepney where
the petitioner asked respondent MADLON why they have to talk inside the said jeepney when
they have an office, to which the respondent answered that he will take care of his companions;
8.
Likewise, while inside the parked passenger jeepney, respondent MADLON
informed the petitioner that they conducted a buy-bust operation and Mark was caught in
possession of the marked money. Respondent MADLON then asked for FIFTY THOUSAND
(PhP 50,000.00) PESOS as settlement of the case. Confused and wondering, petitioner then
264
asked that she be allowed to talk to her son who informed her, among others, that when he was
unlawfully arrested, MADLON and his two (2) companions were forcing him to get and hold the
marked money as they were in fact forcibly having his hand hold the same causing it to be
dropped on the ground. Petitioner was further informed by her son that it was MADLON who
actually picked up the marked money before MARK was brought to the NARCOTICS Office;
9.
As petitioner and her son were talking, MADLON kept on walking back and forth
near the parked jeepney then entered the same few minutes after. As the respondent re-entered
the jeepney, he told the petitioner and her son that he is giving them until 12:00 oclock
midnight of that same day to produce the PhP 50,000.00. When petitioner told the respondent
that they do not have any cash but they have in their house a computer set, the latter insisted
that they should at least produce cash. Respondent then left and went somewhere and when he
returned he told the petitioner and her son that his companions did not agree to their proposal
and that they wanted cash;
10.
At around 8:30 in the evening, petitioner, her son and MADLON went out of the
Jeepney and while walking towards the house where Mark and MADLON came from earlier,
MADLON took the money of Mark and said that they will use it to buy for their dinner;
11.
Petitioner then left her son in the company of MADLON but before actually
leaving the place, petitioner saw MADLON brought her son to the same house where they came
from earlier that evening;
12.
When petitioner could not borrow the amount being demanded by the
respondent MADLON, she went to see Marks wife who took a jacket for the latter before they
went to the Narcotics Office. At the Narcotics Office, Marks wife talked to MADLON while
petitioner talked to her son. Moments after, MADLON brought Mark to their Office as he told
the petitioner and Marks wife to leave;
13.
On their way home, petitioner received several text messages from the cellular
phone of her son Mark asking her, among others, to remedy P20,000.00 apart from the
computer;
14.
About 11:55 oclock that same evening, petitioner went back to the Narcotics
Office and told MADLON that they do not have cash. She then asked MADLON to show the
alleged item seized from her son Mark but MADLON simply said that they will see it in court.
When the petitioner told the respondent MADLON to better bring her son to the City Jail, the
latter did not mind her as he talked to his companions;
15.
At about 1:00 oclock in the early morning of June 17, 2012, when MADLON was
obviously getting mad at the petitioner, the latter left the Narcotics Office and went home;
16.
At about 4:00 oclock in the morning, petitioner tried to call the cellular phone of
her son mark but no one was answering;
17.
At about 9:00 oclock, while at the Justice Hall purposely to attend to a hearing
265
of her son Marks case pending at the Regional Trial Court, Branch 61, Baguio City, petitioner
called up her sons phone but it was MADLON who answered. and arrogantly told her that Mark
allegedly went home;
18.
Petitioner waited for a while inside the Court Room of RTC 61 but Marks case
was reset since he was not around for the arraignment;
19.
About 3:30 in the afternoon of June 17, 2012, petitioner went to the Narcotics
Office but her son and MADLON together with his companion were no longer there. When she
asked where her son is, petitioner was just informed by those from whom she asked that they do
not even know who was on duty the night before that day of June 17, 2012;
20.
On June 19, 2002, petitioner went back to the Narcotics Office but she was told
that they are not aware of any reported operation or arrest on June 16, 2012 as there is no record
of such in their Office;
21.
On June 20, 2012, petitioner went to the Narcotics Office and met for the first
time P/SINSP MARCOS EBLAHAN, the Regional Chief of the 14 th Regional Narcotics Office,
whose name was earlier used by MADLON as his own name when he introduced himself to the
petitioner;
22.
Petitioner has been going back to the Narcotics Office up to June 25, 2012 but all
that she was told is that they have no record that her son Mark was arrested by any of their
Office members;
23.
To petitioners personal knowledge, no case has yet been filed against Mark
Dumeg anent his unlawful arrest on June 16, 2012;
24.
Pursuant to Section 1, Rule 102 of the Revised Rules of Court, any person who is
deprived of his liberty shall be entitled to avail of the Writ of Habeas Corpus.
PRAYER
WHEREFORE, PREMISES CONSIDERED , petitioner respectfully prays that a Writ
of Habeas Corpus issue, directed to P/SINSP MARCOS C. EBLAHAN JR, Regional Chief of
the 14th Regional Narcotics Office, Philippine National Police Narcotics Group, commanding
him or any of his policemen like SPOIII MARQUEZ MADLON and any of their agents or
representatives, to produce the body of MARK SALVADOR DUMEG immediately before this
Honorable Court, to show cause for the detention, and after hearing, set the person of MARK
SALVADOR DUMEG at liberty.
La Trinidad, Benguet for Baguio City, Philippines this 27th day of June, 2012.
266
ELVIS P. RESLEY
Of counsel
PTR No. 2134632, 01-04-13, Benguet
Roll No. 60500; 05-03-12; 11-NC-211
Mobile No. 09273848873;TIN: 123-456-789
Copy Furnished:
P/SINSP MARCOS C. EBLAHAN JR
DPS Compound, Baguio City
SPOIII MARQUEZ K. MADLON
DPS Compound, Baguio City
Form 30eii. Petition for Habeas Corpus (Custody of a Minor Child)
BRANCH 6
Baguio City
MARIAURORA QUEZON,
Two (2) years of age,
Represented by her mother,
PERLITA STA. CRUZ QUEZON,
Petitioner,
v.
S.P. No.
For: HABEAS CORPUS
ANTONIO QUEZON and

LILY QUEZON,
Respondents.
X-------------------------------------------X
P E T I T I O N
267
Petitioner, represented by her mother, Perlita Sta. Cruz Quezon, through her
undersigned counsel and unto this honorable court states that:
1. The petitioner is a minor, two years of age, and under the legal custody of and residing
with her mother Perlita Sta. Cruz Quezon at JC-153 Pico, La Trinidad, Benguet, while the
respondents are of legal age and are residing at Number 53-A Trancoville, Baguio City
where they may be served with processes;
2. The petitioner is the legitimate child of Perlita Sta. Cruz Quezon with the respondent
Antonio Quezon;
3. Due to several attempts made by respondent Antonio Quezon on the life of his wife
Perlita Sta. Cruz Quezon, the parties have separated with the minor child remaining in
the custody of her mother;
4. The legal custody of the said minor, being under five years of age, is vested in Perlita Sta.
Cruz Quezon;
5. On March 20, 2013, at about 2:30 in the afternoon, the respondent Antonio Quezon,
resorting to ruse and trickery, absconded with the minor Mariaurora Quezon
surreptitiously leaving Perlita Sta. Cruz Quezon in a mall at Magsaysay Avenue, Baguio
City without returning the said minor to the custody of her mother;
6. The petitioner, in whose behalf this application is being made, is actually restrained of
her liberty by the respondent Antonio Quezon in the residence of his mother Lily Anton
who has knowledge that her son is continuously restraining the petitioner;
7. The petitioner is a child of a very delicate state of health and easily get sick without
special care and attention;
8. The petitioner has exhausted all efforts available at law, and that she has no other plain,
speedy or adequate remedy to protect her rights except by application for a writ of
Habeas Corpus.
PRAYER
WHEREFORE, the petitioner prays that a Writ of Habeas Corpus issue out of this
Honorable Court, directed to the respondents Antonio Quezon and Lily Quezon commanding
them to have the body of the minor, Mariaurora Quezon before this Court at the time and place
specified therein, and summon the said respondents then and there to appear and to show cause
of the detention of the said petitioner, and that after due proceedings, the said Mariaurora
Quezon be discharged from restraint. Petitioner likewise prays for other reliefs just and
equitable.
Baguio City, Philippines. 19 April 2013.
268

Form 30f. Petition for Voluntary Recognition of a Minor Child

Branch __
IN THE MATTER OF JUDICIAL APPROVAL OF
THE
VOLUNTARY
RECOGNITION OF
HEREIN
MINOR,
JADE
ALCANTARA.
ROGER BRIGHTMAN,
Petitioner.
x-----------------------------------------------------------x
SP. PROC. CASE No.
PETITION
Petitioner, by and through the undersigned counsels, states that:
1. He is of legal age, married, Filipino citizen, with permanent residence and postal
address at No. 11 Lake Drive Avenue, Makati City where he may be served with summons and
other processes of the Honorable Court.;
2. The minor, JADE ALCANTARA is the petitioners illegitimate daughter with Ruby
269
Rose Josefa Alcantara. The minor was born sometime on August 2004, at Benguet General
Hospital. The minor, Jade Alcantara now currently resides at JF 47 Toyong, Pico La Trinidad,
Benguet with her maternal grandmother where she may be served with summons and other
processes of the Honorable Court. A copy of Jade Alcantaras Certificate of Live Birth is hereto
attached as Annex A and made an integral part of this petition.;
3. Petitioner and his former live-in partner, Ruby Rose Josefa Alcantara did not have the
best of relationships. Though they have long been living together from 1997 until 2004, their
relationship eventually ended shortly after the birth of their daughter, Jade Alcantara. In fact,
when Ruby Rose was being asked at the hospital who the childs father is, she wouldnt even
want to answer. She even proudly and loudly declared at the hospital that the child has no father
much to the dismay of herein petitioner. If it hadnt been for the insistence of herein petitioner,
Ruby Rose would never have let petitioners name be put as an entry as the Father of Jade
Alcantara in her Birth Certificate.;
4. Due to the animosity that sprang at that time, Ruby Rose Josefa Alcantara took
custody of their daughter and eventually cut all forms of communication with herein petitioner.
Ruby Rose made it very clear that she never wanted the petitioners aid in rearing the child. As if
her previous actions were not enough, Ruby Rose eventually made the worst course of actions
possible. Sometime in February, 2005, Ruby Rose left their residence at La Trinidad, Benguet
carting away with her, Jade Alcantara. Ruby Rose Josefa Alcantara even stopped communicating
with her family and friends so as not to be traced by the petitioner. Ruby Rose Alcantara, along
with their daughter were never seen nor heard of since then.;
5. During this time, petitioner exerted his best efforts to trace and locate both Ruby Rose
and their daughter. His efforts were futile however. It is as if Ruby Rose and Jade suddenly
vanished into thin air.;
6. Petitioner eventually married Graciela Brightman with whom he now has two (2)
children, namely Joy Brightman and Randy Brightman. However, since the moment that Jade
Alcantara was taken by Ruby Rose, not a day passed by without the petitioner wondering deep in
his heart and mind how his daughter was faring.;
7. For that reason, the petitioner was overjoyed when she received a letter from Jade
Alcantaras maternal grandmother informing him that Jade Alcantara and Ruby Rose returned
at their residence at La Trinidad, Benguet sometime in May 2012. The letter was received by the
petitioner sometime only in July, 2012 as it was addressed at his old offices address, and it took
quite some time for the Postal Services Office to locate his new address. No words could ever
describe the petitioners joy upon seeing her daughters pictures that came along with the letter.
The letter also revealed that Jade Alcantara was about to enroll as a grade one pupil at Little
270
Flower Elementary School, which is also located at La Trinidad, Benguet.;

8. Without waiting for another day, petitioner immediately went to visit her daughter.
Upon visiting her daughter, the petitioner learned that Ruby Rose again left their home, and she
specifically instructed her mother not to contact the petitioner or inform her that Jade was now
residing at La Trinidad, Benguet.;
9. Petitioners compulsory heirs now include his wife, Graciela Brightman, his daughter
with Ruby Rose Alcantara, Jade Alcantara, and his children with Graciela Brightman, namely
Joy Brightman and Randy Brightman. A copy of petitioners Marriage Certificate with Graciela
Brightman, and the Birth Certificates of Joy Brightman and Randy Brightman are hereto
attached as Annexes B, C, and D respectively and made an integral part of this petition.;
10. Petitioner expressly and voluntarily recognizes Jade Alcantara as his daughter for all
purposes it may serve. A copy of Petitioners affidavit attesting to this fact is hereto attached as
Annex E and made an integral part of this petition.;
PRAYER
WHEREFORE, PREMISES CONSIDERED , it is prayed that after due notice,
publication, and hearing, judgment be rendered:
a. Approving the Voluntary Recognition of herein minor, Jade Alcantara as a natural
child of herein petitioner, Roger Brightman; and
b. Furnishing all government offices such as the Local Civil registrar of La Trinidad,
Benguet, and the National Statistics Office a copy of the decision of the Honorable
Court for their information and guidance.
La Trinidad, Benguet, Philippines, this 19th day of April, 2013.
271
ELVIS P. RESLEY
Of counsel
PTR No. 2134632, 01-04-13, Benguet
Roll No. 60500; 05-03-12; 11-NC-211
Mobile No. 09273848873;TIN: 123-456-789
Form 30g. Petition for Adoption

Branch __
IN THE MATTER OF THE PETITION FOR THE
ADOPTION OF MINORS APRIL MAY TRILLO
AND JUNE JULY TRILLO,
SP. PROC. CASE NO.
ANASTACIA TRILLO,
Petitioner.
x---------------------------------------------------x
P E T I T I O N
WITH OUR GREATEST RESPECT TO THIS HONORABLE COURT.
Petitioner, by and through the undersigned counsel, to this Honorable Court, most
272
humbly states that:

1.
Petitioner is of legal age, single, Filipino citizen, and resident of JF-83 Toyong,
Central Pico, La Trinidad, Benguet;
2.
Petitioner is the grandmother of minors APRIL MAY TRILLO and JUNE JULY
TRILLO as the minors legitimate and biological father DENNIS TRILLO is her biological but
ILLEGITIMATE son with her late common law husband LOK SAI LEUNG;
3.
Since their mother CARLENE TRILLO gave birth to the subject minors, they were
left in the custody and care of the herein petitioner at her residence at JF-83 Toyong, Central
Pico, La Trinidad, Benguet;
4.
Petitioner then took care, loved, supported and reared the said minors as her own
children up to the present;
5.
Petitioner now desires to adopt minors April May Trillo and June July Trillo and
the minors natural parents Spouses Carlene Trillo and Dennis Trillo have given their consent to
their adoption. Their affidavit of consent is hereto attached as ANNEX A hereof;
6.
The other children of the petitioner have also given their consent to this petition
for adoption, a copy of their affidavit consent is hereto attached as ANNEX B hereof;
7.
The petitioner is not laboring under any impediment or disqualification to adopt
the said minors April May Trillo and June July Trillo;
8.
Petitioner is likewise physically, financially, morally and spiritually qualified and
capable of providing the minors the love and affection of parents, and in bringing them up as
normal, responsible and responsive adults;
9.
This petition for adoption, if granted, will serve the best interest and welfare of
the said minors as they are already adjusted to and emotionally attached with the petitioner as
their parent.
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that upon due
notice, publication and hearing, a judgment be rendered granting this petition and ordering that
henceforth, the minors April May Trillo and June July Trillo be declared for all legal intents and
purposes, the children of the herein petitioner in accordance with law.
Such other reliefs just and equitable in the premises are likewise prayed for.
La Trinidad, Benguet, Philippines, this 19th day of April, 2013.
273
ELVIS P. RESLEY
Of counsel
PTR No. 2134632, 01-04-13, Benguet
Roll No. 60500; 05-03-12; 11-NC-211
Mobile No. 09273848873;TIN: 123-456-789

Form 30h. Petition for Administration

BRANCH 9
Baguio City
In the Matter of the Intestate
Estate of PETER DOES
NO. 188888
SP. PROC.
SP. PROC CASE NO.
WILMA DASENT-DOES,
Petitioner.
x------------------------------ ----x
274
PETITION
FOR ISSUANCE OF LETTERS ADMINISTRATION
PETITIONER, through counsel, unto this Honorable Court respectfully alleges:
1. That the Petitioner, who is of legal age, Filipino, and a resident of 182 Honeymoon
Road, Baguio City, is the widow of PETER DOES;
2. That on February 20, 2013, PETER DOES died without leaving any will in the City of
Baguio 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 wit:
Names
Ages
Relation
John D. Does
City
23
Son
Haley D. Does
21
Daughter
Gina S. Calumpang 19
Union
Residence
Makati City
Baguio
Texas, USA
Daughter
San
Fernando,
La
4. That the deceased left the following real and personal properties:
Character
Location
Probable Value
House and Lot
Baguio City
P 3,000,000
House and Lot
Texas, USA
USD 150,000
Farm Lot La Union

Shares of Stock
P 800,000
X Corporation, Makati City
P 28,000,000
5. That the decedent has no known creditors and debtors.

PRAYER
WHEREFORE, it is prayed that, after due notice, publication, and hearing letters of
275
administration of the estate of the deceased PETER DOES be issued to petitioner.

Baguio City. April 19, 2013

ANSWER
The answer is a pleading in which a defending party sets forth his defenses. 80 This
pleading may be an answer to a complaint, a counter-claim, a cross-claim, a third-party
complaint or complaint-in-intervention.81
The answer to the complaint must specifically deny the material averments of the
complaint because material averments not specifically denied are deemed admitted.
80
81

supra, Riano
276
An Answer need not be verified but if there is a specific denial of an actionable

document,82 then the Answer must be verified.
Counterclaim
An answer may be coupled with a counterclaim. This is a pleading which sets
forth a claim which a defending party may have against an opposing party. 83
Counterclaim is a separate pleading but it may be included in the answer.
Any initiatory pleading, among which is a counterclaim, must be accompanied by
a Certification against Forum Shopping.84
Cross-claim
A claiming defendant may answer in his answer interpose a pleading against his
co-defendant. This pleading is known as a cross-claim. This is a pleading containing
the claim by one party against a co-party. A cross-claim that a party has at the time the
answer is filed shall be contained in said answer. 85
Defenses in the Answer

Affirmative Defense
An affirmative defense is an allegation of a new matter which, while
hypothetically admitting the material allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him. This includes fraud, statute of limitations,
and release, payment, ad illegality among others. 86
Negative Defense
A negative defense is the specific denial of the material fact alleged in the
pleading of the claimant essential to his cause of action. 87

82

84
85
86
Sec 5(b), Rule 6, Rules of Court
87
Sec 5(a), Rule 6, Rules of Court
83
277
I, MARIO REYES, of legal age, do hereby state that: I am the defendant in the case filed
by Alis Di-yan Company for ejectment; in response, I have caused the preparation of this Answer
with Counterclaim; I have read its contents and affirm that they are true and correct to the best
of my own personal knowledge; I specifically deny the genuineness and due execution
as well as the binding effect of the actionable documents pleaded by plaintiff, I
hereby certify that there is no other case commenced or pending before any court involving the
same parties and the same issue and that, should I learn of such a case, I shall notify the court
within five days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 19 April 2013 in the City of
Baguio, Philippines.
(Sgd.) MARIO REYES
Form 31. Verification and Certification against forum shopping
with specific denial under oath in an answer
Form 32a. Answer Denying Genuineness and Due Execution of Instrument

BRANCH 1
Baguio City
Kim X. Lim
Plaintiff,
v.
CIVIL CASE No. 8076

FOR: Specific Performance with
Damages
Maja G. Anderson
278
Defendant.
X----------------------X
ANSWER DENYING GENUINENESS and

DUE EXECUTION OF INSTRUMENT
COMES NOW, Defendant, through the undersigned counsel, most respectfully files her
Answer in response to the Complaint of the Plaintiff, to wit:
1.
Paragraph 1 is admitted; however, the defendant is now presently residing at 43

Legarda Road, Baguio City;
2.
Paragraphs 2a, 2b, 2c, 2d, and 3 are denied for lack of information or knowledge
sufficient to form a reasonable belief thereof;
3.
Paragraph 4 is denied insofar as the allegation that both Plaintiff and Defendant
entered into a contract of sale and the subject of which is the latters Nissan Safari
4x4, 2011 model;
4.
That the alleged signature of the defendant in the said instrument is forged as the
defendant never entered into an agreement with the Plaintiff; hence, denying the
genuineness and due execution of instrument;
5.
The allegation in paragraph 4 is denied as the same is an erroneous conclusion

made by Plaintiff;
6.
The defendant has no knowledge sufficient to form a belief as to the allegations

made in paragraph 5, 6,7 and 8.
PRAYER
WHEREFORE, in view of the foregoing, Defendant most respectfully prays for the
dismissal of the complaint. Other reliefs are likewise prayed for.
279
ATTY. RODA GARCIA


VERIFICATION with SPECIFIC DENIAL UNDER OATH
JURAT
PROOF OF SERVICE
EXPLANATION (if by mail)
Form 32b. Answer of Debtor to Petition for Insolvency

BRANCH 1
Baguio City
Willie E. Revillame
Plaintiff,
v.
CASE NO. 8076

FOR: Petition for Insolvency
Ethel B. Loba
Defendant.
280
X----------------------X
ANSWER OF DEBTOR TO PETITION FOR INSOLVENCY

COMES NOW, the defendant, through the undersigned counsel, in the above-entitled
case and to this Honorable Court most respectfully avers the following:
1. Paragraph 1 is admitted pertaining to the personal circumstances of the parties;
2. Paragraphs 2 to 3 is admitted as to the circumstances surrounding the creditor-debtor
relationship between the parties, as well as the amount involved in the case;
3. Paragraph 4 is admitted; in which case, the Defendant is in fact solvent as she retains
substantial cash deposits and properties, as evidenced by her Statement of Assets and
Liabilities attached as Annex A, to answer for the debt involved in this case;
4. Also, the said indebtedness has not gain its maturity date yet since the same was subject
to an extension or until May 28, 2012, as agreed orally by the parties;
5. Paragraph 5 is partially denied in that the proposal of garnishment of the shares of stock
in Corporation A in the name of the Defendant cannot be garnished since the said
personal property is being held in trust by the respondent in favor of a ward;
6. Hence, this case was only maliciously filed to the effect that the Plaintiff be able to obtain
rights over the said shares of stock, in which he has no right.
WHEREFORE, the Defendant respectfully prays that the petition be dismissed for lack of
merit.
ATTY. JEAN VALDEZ

#18 Maharlika Bldg., Session Rd., Baguio City
Roll of Attorney No. 69874;
IBP No. 440959/Baguio City/01-11-13
PROOF OF SERVICE
281
Form 32c. Answer to petition for Cancellation of Title

BRANCH 1
Baguio City
JUAN DELA CRUZ,
Plaintiff,
v.
Civil Case No. 1234

For: Petition for Cancellation
of Title
PEDRO MENDOZA,
Defendant.
x----------------------------x
ANSWER
282
RESPONDENT, by undersigned counsel and to this Honorable Court,

answering the petition for cancellation of title, respectfully alleges:
1)
He admits the allegations in par. 1 of the petition regarding the personal
circumstances and addresses of the parties.
2)
He admits the allegations in pars. 2
to 5 to the petition, subject to
qualifications and affirmative defenses herein alleges;
By way of SPECIAL AND AFFIRMATIVE DEFENSES, respondent
alleges:
1)
That the parcel of land in question is a conjugal property of respondent and
his wife, Betty Diyosa;
2)
That the court in Civil Case NO. 123 has not acquired jurisdiction over the
person of his wife because she was not a party litigant therein:
3)
That the money judgment in Civil Case No 123 arose from the personal
transaction of petitioner in connection with the accommodation surety he executed to
secure payment of the loan extended by respondent to the corporation, X, which loan did
not benefit the conjugal property, and accordingly said conjugal property is exempt from
execution to satisfy said personal judgment of respondent.
4)
That the execution sale is invalid because there was no valid levy made by the
sheriff, as at the time the court in Civil Case No. 123 has not acquired jurisdiction over
the person of respondents wife, who was not a party litigant in said case.
5)
The value of the land in question has market value far exceeding the amount
of money judgment rendered in favor of petitioner, as to unfairly and unjustly enrich
petitioner.
6)
As the Supreme Court ruled in Padilla, Jr. v. Phil. Producers Cooperative

Marketing Assn., G.R. No. 141256, July 15, 2005:
It is clear that PD 1529 provides the solution to respondents quandary. The
reasons behind the law make a lot of sense; it provides due process to a registered
landowner (in this case the petitioner) and prevents the fraudulent or mistaken
conveyance of land, the value of which may exceed the judgment obligation. Petitioner
contends that only his interest in the subject lots, and not that of his wife who was not a
party to the suit, should have been subjected to execution, and he should have had the
opportunity to prove as much.
PRAYER
WHEREFORE, respondent respectfully prays that the petition be dismissed for lack of
merit.
283
JOSE ABOGADO

PROOF OF SERVICE
Form32d. Answer to Petition for Habeas Corpus

BRANCH 6
Baguio City
In the Matter of the Petition of
LIBERA T. REYES,
Plaintiff,
S.P. No. 1234
For: Habeas Corpus
v.
The Chief Of Police Of Baguio City
Defendant.
x -------------------------------- x
284
ANSWER
The undersigned respondent in the above-entitled case hereby makes due return of the
writ of Habeas Corpus issued by this Court on April 18, 2013, and by way of answer, most
respectfully states:
1) That the herein respondent has LIBERA T. REYES under restraint in the police
detention cell at the Baguio Police Department headquarters, pending completion of and
transfer to the city jail now under reconstruction;
2) That the herein respondent caused the apprehension of the said LIBERA T.
REYES on April 9, 2013, and the authority, the true, and the whole story and cause of the said
restraint of the said person are the following, to wit:
a)
That said party, LIBERA T. REYES , was apprehended and placed under
police custody on suspicion of having smuggled unlicensed firearm found abandoned in an
army bag at the corner of Kayang and Abano Streets, of this city, to have been carried by said
LIBERA T. REYES as reported by a witness;
b)
That in the evening of April 8, 2013, while investigation of the detainee was
being conducted, the Warrant Section of the Baguio City Police Department discovered among
its files a warrant for the arrest of said LIBERA T. REYES issued by the Regional Trial Court
of this city, Branch II, in Criminal Case No. 1234 entitled People of the Philippines vs.
LIBERA T. REYES for the crime of Assault upon a person in Authority;
c) That in the above-mentioned criminal case, the detainee has not posted a bond for
her provisional liberty up to the present time;
d) That said detainee has been detained temporarily in the police detention cell of the
Baguio City Police Department in view of the destruction through fire of the Baguio City Jail;
e) That a copy of the warrant of arrest issued against LIBERA T. REYES is
Criminal Case No. 1234
entitled People of the Philippines vs. Libera T. Reyes
commanding her apprehension, is hereto attached as Annex A made an integral part of this
return and answer.
WHEREFORE, all the foregoing premises considered, it is respectfully prayed that the
petition for Habeas Corpus be dismissed, and that the said LIBERA T. REYES be ordered to
remain in the custody of the Baguio City Police Department.
KOBE K. WANG
285
Chief of Police, Baguio City
Form 32e. Answer to Petition for Legal Separation

BRANCH 10
Baguio City
AIKO MELENDEZ,
Petitioner,
CIVIL CASE NO. 1234

For: Legal Separation
v.
JOMARI YLLANA,
Respondent.
x------------------------------x
286
ANSWER TO PETITION FOR LEGAL SEPARATION

COMES NOW, the Defendant, by counsel and to this Honorable Court, by way of
answer, most respectfully avers the following:
1. Paragraph 1 is admitted as to the personal circumstances of the parties;
2. Paragraphs 2 , 4, 5, and 7 are also admitted by the defendant;
3. Paragraph 3 is hereby partially admitted in that he and the petitioner have only three
sons and one daughter; such that the allegation of having six children entitled to
support is denied;
4. Furthermore, the two children, namely Cesar and Beth, having been successfully
adjudged in Case No. 9876 to have been impossibly the children of the herein
respondent, it is but just to exclude them from the persons rightful to support from
the respondent;
5. Paragraph 6 is partially denied in that he is presently holding a managerial position
in a private company but such company is at the verge of closing business due to
insolvency and that as of present time, there is delay in the reception of his monthly
salary; hence, the amount of support being demanded by the Petitioner cannot be
afforded by the Respondent;
6. Paragraph 8 is likewise partially denied by the Respondent since the lot located at
Malolos, Bulacan is the Respondents exclusive property having been donated by his
parents to him during the marriage, as evidenced by the Deed of Donation executed
on February 11, 2013; having been so, it cannot form a part of the conjugal properties
subject to the proposed dissolution of properties by the Petitioner.
WHEREFORE, after due hearing, judgment be rendered declaring a decree of legal
separation between petitioner and respondent, ordering the liquidation of the conjugal property
with the exception of the Bulacan property, and reducing the amount of support to the lawful
children of the respondent only, excluding the illegitimate children of the petitioner, until they
reached majority age or until they finished their college education, in such amount as the
Honorable Court may reasonably fix.
ATTY. KRISTEN CAYANGAO

287

VERIFICATION
JURAT
PROOF OF SERVICE
Form32f. Answer with Negative and Affirmative Defense

BRANCH 1
Baguio City
A-Z COMPANY,
Plaintiff,
Civil Case No. 2222
For : Ejectment
v.
PETRONICIA AGTALBOG,
Defendant.
x ----------------------------------- x
ANSWER WITH NEGATIVE AND AFFIRMATIVE DEFENSE

COMES NOW, DEFENDANT, by counsel, respectfully states that:
288
Admissions/Denials
1.
He admits the contents of paragraph 1 only insofar as his personal circumstances

but specifically denies the contents insofar as plaintiffs personal circumstances for
the reason stated in the Affirmative Defenses below;
2.
He admits the contents of paragraph 2 only where it states that a Contract of Lease
was entered into but specifically denies that the Contract reflects the true intent of
the parties as explained in the Affirmative Defenses below;
3.
He admits the contents of paragraph 3 only as to the fact that demand to vacate was
made but specifically denies its contents as to the truth of the reasons for the letter
for lack of knowledge sufficient to form a reasonable belief as to its truth or
falsehood;
4.
He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the
Affirmative Defenses below.
Affirmative Defenses
5.
Defendant reiterates, repleads and incorporates by reference all the foregoing

insofar as they are material and additionally submit that the Complaint should be
dismissed because:
5.1.
Plaintiff has no capacity to sue as it is a foreign corporation doing

business in the Philippines without a license.
5.2.
The Complaint fails to state a cause of action as the Contract of

Lease (ANNEX A) was, before its expiration, superseded by a Deed
of Absolute Sale whereby plaintiff sold to defendant the parcel of
land in question, a copy of which is attached as ANNEX 1.
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by

dismissing the Complaint.
Other just and equitable reliefs are prayed for.
Baguio City for Quezon City. 19 April 2013.
ATTY. KRIS YAP


289

Roll of Arty No. 45678
VERIFICATION
JURAT
PROOF OF SERVICE
Form 32g. Answer with Permissive Counterclaim

City of Baguio
Branch 1
GAVIN REYES,
Plaintiff
v.
CIVIL CASE NO. 12345

FOR: Action For Specific Performance
ARTHUR SANTOS,
Defendant.
x--------------------------------------------x
ANSWER WITH PERMISSIVE COUNTERCLAIM
COMES NOW, the defendant, through the undersigned counsel and unto this Honorable
290
Court, most respectfully avers:

That the subject matter of the complaint is specific performance of contract, and the
permissive counterclaim has no relation to such subject matter of the complaint, as follows:
Plaintiff and defendant entered into a contract of sale of clothing
materials on or about December 18, 2012, whereby defendant would
deliver to plaintiff such materials worth P300,000.00 and the
plaintiff would in turn pay the same, upon such delivery on March 2,
2013.
Defendant having delivered said clothing materials on March 2, 2013 to plaintiff, but the
latter, notwithstanding repeated demands, both oral and written, failed and refused to pay the
same and still fails and continues to refuse to pay the purchase thereof, in breach of his
obligation.
WHEREOF, defendant prays that the complaint be dismissed for lack of merit.
Under his counterclaim, judgment be rendered ordering plaintiff to pay the amount of
THREE HUNDRED THOUSAND PESOS (P300, 000.00 ) with legal interests thereon until the
principal amount and interest are fully paid.
Such other relief and remedies as may be deemed just and equitable under the premises
are likewise prayed for.
City of Baguio, Philippines. 19 April 2013.
ATTY. JUAN LUNA


VERIFICATION and CERTIFICATION AGAINST FORUM SHOPPING
JURAT
PROOF OF SERVICE
291
Form 32h. Answer

Counterclaim
with
Special
and
Affirmative
Defenses
with

City of Baguio
Branch 1
JUAN DELA CRUZ,
Plaintiff,
CIVIL CASE NO. 12368
v.
PEDRO REYES,
Defendant,
x------------------------------------------x
ANSWER with SPECIAL AND AFFIRMATIVE DEFENSES

WITH COUNTERCLAIM
NOW COMES the defendant, by the undersigned counsel, in the above-entitled case
and to this Honorable Court most respectfully alleges:
292
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 for lack of
information and sufficient knowledge to form a belief as to the truth thereof;
3) Defendant does not admit the allegations contained in paragraph 5 and 6 of the
complaint as it lacks in form and substance to support any cause of action against the defendant;
4) Defendant does not admit the allegation in paragraph 7 as it has no basis in law and in
facts.
Special and Affirmative Defense

Defendants adopt and replead the foregoing allegations, and raise by way of special and
affirmative defenses the following:
The complaint states no cause of action. The rule requires that every action must be
prosecuted or defended in the name of the real party in interest. (Sec. 2, Rule 3 of 1997 Rules of
Civil Procedure). Only parties to a contract may sue or be sued upon that contract.
In the instant case, it is plain in the verification / certification appeared to the complaint
that A is suing in his own name by stating, under oath, that he is the plaintiff in the case, not A &
Z Corporation. A is not a party to the contract, she has no cause of action against herein
defendant.
Counterclaim
Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as
they are material and additionally submit that he is entitled to relief arising from the filing of
this malicious and baseless suit, as follows:
1. Moral Damages amounting to Fifty Thousand Pesos (PHP50,000.00) because
his name and reputation were besmirched by this malicious and baseless suit.
2. Attorneys Fees amounting to Ten Thousand Pesos (P10,000.00) because he
was compelled to secure services of counsel to vindicate his legal rights.
PRAYER
WHEREFORE, it is respectfully prayed that the complaint be dismissed for lack of
cause of action and defendant be awarded the amount of fifty thousand pesos (Php 50,000.00)
and ten thousand pesos (Php 10,000.00) for moral damages and attorneys fees respectively.
Other relief and remedy just and equitable under the premises are likewise prayed for.
293
ATTY. GREGORIO DEL PILAR


JURAT
PROOF OF SERVICE
Form 32i. Answer with Specific Denial under Oath

BRANCH 3
Baguio City
JUAN DELA CRUZ,
Plaintiff,
Civil Case No. 2222
For : Damages with Specific
Performance
v.
PEDRO REYES,
Defendant.
x ----------------------------------- x
ANSWER with SPECIFIC DENIAL UNDER OATH

DEFENDANT, by counsel, respectfully states that:
294
1. He admits the contents of paragraph 1 only insofar as his personal circumstances but
specifically denies the contents insofar as plaintiffs personal circumstances for the reason stated
in the Affirmative Defenses below.
2. He denies Paragraphs 2, 3 and 4 for the lack of knowledge and reasonable belief as to
the truthfulness of the allegations thereon.
3. He specifically denies under oath the genuineness and due execution of the
instrument, a copy of which is attached to Plaintiffs complaint as Annex A, the truth being
that his signature thereon is forged and that he did in fact sign the said instrument.
4. He admits the contents of paragraph 3 only as to the fact that demand to deliver
goods but specifically denies its contents as to the truth of the reasons for the letter for lack of
knowledge sufficient to form a reasonable belief as to its truth or falseness.
PRAYER
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
dismissing the Complaint.
Other just and equitable reliefs are prayed for.


VERIFICATION (with SPECIFIC DENIAL UNDER OATH)
JURAT
PROOF OF SERVICE
295
Form 32j. Answer-in-intervention

BRANCH 6
Baguio City
JUAN DELA CRUZ,

Plaintiff,
Civil Case No.1237
For: EJECTMENT
v.
PEDRO REYES, Respondent
ANDRES BONIFACIO, Intervenor-Respondent.
X-------------------------------------------X
ANSWER-IN-INTERVENTION
COMES NOW, the intervenor-respondent, though the undersigned counsel, by way of
Answer, avers the following:
296
1. Paragraph 1 is admitted as to the personal circumstances of the parties, but denies

before the filing of the Complaint the knowledge on the person and identity of the
Petitioner;
2. Paragraphs 2 to 5 are denied for lack of information or knowledge sufficient to form a
reasonable belief thereof;
3. Paragraph 6 is denied insofar as the allegation that the owner of the entire lot subject
in the case is Juan Dela Cruz alone;
4. Furthermore, the 300 square meters of the subject lot is sold to the intervenor on
January 12, 2003; as a result of which a Tax Declaration is awarded to the intervenor;
5. That by virtue of such sale, there was an absolute transfer of ownership from the
Respondent to the Intervenor; hence, the claim of the Plaintiff on the entire 1000 sq.
m., including the 300 sq. m. lot sold to the Intervenor, of the subject lot, is not
tenable;
6. Besides, the Plaintiff herein claims her right to the land by virtue of tenancy for a
period of 9 years; being such, she has no right as to the ownership of the subject lot;
7. The claim on paragraph 7 therefore that the Plaintiff is the absolute owner of the
subject property is denied for being erroneous.
WHEREFORE, it is prayed that the Complaint be dismissed for lack of merit.


297
PROOF OF SERVICE ( upon all parties)

INFORMATION
Information is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court.88
Rule 110, section 6-13, 2000 Rules on Criminal Procedure provides the matters
required to be stated in Information as enumerated below.
1.
2.
3.
4.
5.
6.
7.
8.
Parties
a. Name of offended party
b. Name of accused
Designation of offense by statute
Acts or omissions complained of as constituting the offense including a
statement of the qualifying or aggravating circumstances
Approximate time of the commission of the offense
Place of commission
Signature of Prosecutor (for Information)
Signature of Offended Party, Peace officer or Public officer charged with
enforcement of the law (for Complaint)
NOTE: if Information is filed after inquest (and not preliminary investigation),
ADD:
a. Place where accused is actually detained
b. Full name and address of evidence custodian
88
298
c. Detailed description of recovered items, if any

9.
10.
11.
Verification
Certification of Preliminary Investigation or Inquest
Jurat ( by a Public Officer, as per Sec 3-4, Rule 110 of the Rules of Court)
CERTIFICATION OF PRELIMINARY INVESTIGATION (or Inquest)

I hereby certify that a preliminary investigation in this case was conducted by me in
accordance with law; that I examined the Complainant and his witnesses; that there is
reasonable ground to believe that the offense charged had been committed and that the accused
is probably guilty thereof; that the accused was informed of the Complaint and of the evidence
submitted against him and was given the opportunity to submit controverting evidence; and that
the filing of this Information is with the prior authority and approval of the City Prosecutor.
MISS PROSECUTOR
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 19th day of April 2013 in Baguio City.*
MISTER FISCAL
City Prosecutor
Form 33. Certification of preliminary investigation (or inquest) with Jurat*
by a PUBLIC OFFICER
299
Form 34a. Information for Acts of Lasciviousness

BRANCH 16
Baguio City
PEOPLE OF THE PHILIPPINES
Plaintiff,
CRIM. CASE NO.1234-D
For: Acts Of Lasciviousness
v.
JUAN DELA CRUZ,
Accused.
x-------------------------------------------x
INFORMATION
The undersigned accuses JUAN DELA CRUZ of the crime of ACTS OF
LASCIVIOUSNESS, committed as follows:
That on or about April 9, 2013 at about 4:00 p.m., in the City of Baguio and within the
jurisdiction of this Honourable Court, the said accused went to the house of the offended party,
MARIA CLARA, on the pretext of asking for a glass of water, stealthily approached her and,
without giving her an opportunity to defend herself, embraced and kissed her and caught hold of
300
her breasts, against her will and by means of force.

Contrary to law.
MISS PROSECUTOR
CERTIFICATION OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was conducted by me in
accordance with law; that I examined the Complainant and his witnesses; that there is
reasonable ground to believe that the offense charged had been committed and that the accused
is probably guilty thereof; that the accused was informed of the Complaint and of the evidence
submitted against him and was given the opportunity to submit controverting evidence; and that
the filing of this Information is with the prior authority and approval of the City Prosecutor.
MISS PROSECUTOR
SUBSCRIBED AND SWORN TO BEFORE ME this 19th day of April 2013 in Baguio City.
MISTER FISCAL
City Prosecutor
Bail Recommended: P 10,000.00
301
Form 34b.Information for Adultery

BRANCH 2
Baguio City
Plaintiff,
For: Adultery
v.
JUANA REYES
and JUAN DELA CRUZ
(Both of No. 28 Tacay Rd, Baguio City),
Accused.
x--------------------------------------------------x
INFORMATION
The undersigned hereby accuses JUANA REYES and JUAN DELA CRUZ of the
crime of ADULTERY, committed as follows:
That on or about April 9, 2013, prior to and subsequent thereto, and continuously up to
the present time, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable
Court, the said accused JUANA REYES, being then united in lawful wedlock with JUAN REYES,
willfully, unlawfully and feloniously lay with and have carnal knowledge with her co-accused
302
JUAN DELA CRUZ, who in turn, knowing that said JUANA REYES was a married woman,
willfully, unlawfully and feloniously lay with and have carnal knowledge of her.
CONTRARY TO LAW.
Baguio City, Philippines, this 3rd day of March 2013.
MISS PROSECUTOR
City Prosecutor
JURAT ( Form 33)
Form 34c. Information for Concubinage
BRANCH 5
Baguio City
Plaintiff,
v.

For: Concubinage
JUAN DELA CRUZ, and

JUANITA DELA ROSA
(Both of No 28, Queen of Peace,
Baguio City)
Accused.
x-------------------------------------------x
INFORMATION
The undersigned, Provincial Prosecutor, accuses JUAN DELA CRUZ of the crime of
CONCUBINAGE, committed as follows, to wit:
That on or about April 9, 2012 and continuously up to the present time, in the City of
Baguio, Philippines, and within the jurisdiction of this Honorable Court, the said JUAN DELA
CRUZ, willfully, unlawfully and feloniously at the said time and place, being then legally married
to complainant PEDRITA DELA CRUZ, cohabit with JUANITA DELA ROSA, a woman not his
wife, living with her as husband and wife at No.28 Queen of Peace, Baguio City, and the said
303
JUANITA DELA ROSA, knowing JUAN DELA CRUZ to be married, unlawfully and feloniously
cohabit with JUAN DELA CRUZ, living with him as husband and wife at No. 28 Queen of Peace,
Baguio City, begetting out of such cohabitation, a child named BASHA DELA CRUZ.
Contrary to law.
MISS PROSECUTOR
JURAT (Form 33)
Form 34d. Information for Damages
Plaintiff,
v.

For: Damages to Property
Through Reckless Imprudence
JUAN DELA CRUZ,

Accused.
x-----------------------------------------x
INFORMATION
The undersigned, City Prosecutor, accuses JUAN DELA CRUZ of the crime of
DAMAGE TO PROPERTY THROUGH RECKLESS IMPRUDENCE, committed as
follows, to wit:
That on or about April 9, 2013 at about 2 a.m., in the City of Baguio, and within the
jurisdiction of this Honourable Court, the said accused did then and there, while driving her
SUV with Plate No. XYZ123 under the influence of liquor and in a reckless and imprudent
manner, bumped his said vehicle into the residential house of PEDRO REYES situated at No. 12
Magsaysay Avenue, Baguio City, thereby causing damage to the front wall of the said residential
house to the damage and prejudice of its owner, PEDRO REYES in the amount of P500,00.00.
Contrary to law.
304
MISS PROSECUTOR
City Prosecutor
JURAT (Form 33)
Form 34e. Information for Estafa

BRANCH 2
Baguio City
Plaintiff,
v.

For: Estafa
JUANA DELA CRUZ,

Accused.
x-------------------------------------------x
INFORMATION
The undersigned, City Prosecutor, accuses JUANA DELA CRUZ of the crime of
ESTAFA committed as follows, to wit:
That on or about March 7, 2013 at about 5: 00 p.m., in the City of Baguio, and within the
jurisdiction of this Honourable Court, the said accused having received from PEDRO REYES a
variety of jewelry valued at ONE MILLION (P1,000,000.00) for the purpose of selling the same
on commission, under the express obligation of holding the same in trust for PEDRO REYES
and to remit the proceeds of the sale of the said goods, if sold, or to return the same in case of
non-sale, within ten (10) days from receipt thereof, the said accused did then and there, wilfully,
unlawfully, and feloniously, misappropriate and convert the said goods or their proceeds to her
own personal use and benefit to the damage and prejudice of PEDRO REYES in the amount of
305
ONE MILLION FIVE HUNDRED THOUSAND (P1,500,000.00).

Contrary to law.
MISS PROSECUTOR
City Prosecutor
JURAT (Form 33)
Form 34fi. Information for Homicide (Attempted)

BRANCH 16
Baguio City
Plaintiff,
For: Attempted Homicide
v.
JUAN DELA CRUZ,
Accused.
x-------------------------------------------x
INFORMATION
ATTEMPTED HOMICIDE, committed as follows, to wit:
That on or about March 7, 2013, at about 3 p.m., in the City of Baguio, and within the
jurisdiction of this Honourable Court, the said accused, armed with a jungle knife, and with
evident intent to kill, did then and there wilfully, unlawfully, and feloniously assault, attack and
wound one Severino Co with his said weapon, missing said arm by only a fraction of an inch, and
would have continued his criminal act had not the said victim successfully resisted him with the
help of some bystanders who responded to his cry for help.
306
Contrary to law.
JURAT (Form 33)
Form 34fii. Information for Homicide (Frustrated)

BRANCH 16
Baguio City
Plaintiff,

For: Frustrated Homicide
v.
JUAN DELA CRUZ,
Accused.
x-------------------------------------------x
INFORMATION
FRUSTRATED HOMICIDE, committed as follows, to wit:
That on or about April 9, 2013, at about 3 p.m., in the City of Baguio, and within the
jurisdiction of this Honourable Court, JUAN DELA CRUZ, armed with a jungle knife, and with
evident intent to kill, did then and there wilfully, unlawfully, and feloniously assault, attack and
wound one Severino Magbanua inflicting mortal wounds in different parts of his body, which
would have directly caused the death of said Severino Magbanua, thus performing all acts of
execution which would have produced the crime of homicide as a consequence, but nevertheless
did not produce the same by reason of cause independent of his will, that is, because of the
timely medical assistance rendered on the said wounds.
307
Contrary to law.
MISS PROSECUTOR
City Prosecutor
JURAT (Form 33)
Form 34g. Information for Physical Injuries

BRANCH 16
Baguio City
Plaintiff,
For: Less Serious Physical
Injuries
v.
JUAN DELA CRUZ,
Accused.
x-------------------------------------------x
INFORMATION
SLIGHT PHYSICAL INJURIES, committed as follows, to wit:
That on or about April 9,2013, at about 10 a.m., in the City of Baguio , Province of
Benguet and within the jurisdiction of this Honourable Court, the said accused did there and
then wilfully, unlawfully and feloniously, and without justifiable cause therefor, attack, assault,
and beat one Lindo Naban, punching him on the face, thereby inflicting on the latter physical
injuries, which have required and will require medical attention for a period of one to nine days,
and have incapacitated and will incapacitate him from labor for the same period of time.
308
Contrary to law.
Baguio City Philippines. 9 April 2013.
MISS PROSECUTOR
City Prosecutor
JURAT (Form 33)
Form 34h. Information for Illegal Detention
BRANCH 16
Baguio City
Plaintiff,
v.

For: Illegal Detention
MANNY Y. JONES,
LANNY V. JONES,
JOHN DOE,
Accused.
x-------------------------------------------x
INFORMATION
The undersigned, City Prosecutor, accuses Spouses Manny Y. Jones and Lanny Y.
Jones of the crime of ILLEGAL DETENTION, committed as follows, to wit:
That within the period of April 9, 2013 to April 10, 2013, in the City of Baguio,
Philippines, and within the jurisdiction of this Honourable Court, the above-named accused who
are private individuals, conspiring, confederating and mutually helping one another for a
common purpose, did then and there, wilfully, unlawfully and feloniously detain Rosario B.
Amorsolo, a female, in the following manner: When Rosario B. Amorsolo was in the house of
309
accused Manny V. Jones, accused 'John Doe' tied her hands with wire on her back while accused
Manny V. Jones covered her head with a knapsack and told her that accused 'John Doe' was a
policeman and accused Lanny V. Jones asked Rosario B. Amorsolo to sign a document for the
withdrawal of a civil case; and as a consequence thereof said Rosario B. Amorsolo was deprived
of her liberty against her will for a period aforestated.
Contrary to law.
Baguio City Philippines. 19 April 2013.
MISS PROSECUTOR
City Prosecutor
JURAT (Form 33)
Form 34i. Information for Malversation
Plaintiff,
For: Malversation
v.
JUAN DELA CRUZ,
Accused.
x---------------------------------------------x
INFORMATION
The undersigned, Assistant City Prosecutor, accuses JUAN DELA CRUZ of the crime
of MALVERSATION, committed as follows, to wit:
That on or about April 9, 2013 , at about 5 p.m., in the City of Baguio and within the
jurisdiction of this Honourable Court, the said accused, then being the Treasurer of the City of
Baguio, did then and there wilfully, unlawfully, and feloniously, and with grave abuse of
confidence, misappropriate, take, withdraw, and convert for his own personal use and benefit,
the total amount of P1,500,000.00 which are public funds belonging to the City of Baguio, to the
damage and prejudice of the public interest.
310
Contrary to law.
MISS PROSECUTOR
JURAT (Form 33)
Form 34j. Information for Parricide


Plaintiff,
v.

For: Parricide
JUAN DELA CRUZ,

Accused.
x--------------------------------------x
INFORMATION
of PARRICIDE, committed as follows, to wit:
That on or about April 9, 2013, at about 10:00 a.m., in the City of Baguio and within the
jurisdiction of this Honourable Court, the said accused, motivated by extreme jealously, and
while armed with a .38 caliber pistol, did then wilfully, unlawfully, and feloniously, suddenly,
unexpectedly, and treacherously fired several shots at JUANITA DELA CRUZ, his lawfully
311
wedded wife, which caused the instantaneous death of his said wife while she is walking along
Session Road with her friend, Pedro Masangkay.
Contrary to law.
JACK R. GO
City Prosecutor
JURAT (Form 33)
Form 34k. Information for Rape
BRANCH 16
Baguio City

Plaintiff,
v.

For: Rape
JUAN DELA CRUZ,

Accused.
x--------------------------------------x
INFORMATION
The undersigned, City Prosecutor, accuses JUAN DELA CRUZ of the crime of RAPE,
committed as follows, to wit:
That on or about April 9, 2013, at about 11 p.m., in the City of Baguio and within the
312
jurisdiction of this Honourable Court, the said accused entered the house of Lisa Laya who was
then and there alone, and did there and then, wilfully, unlawfully, and feloniously, had carnal
knowledge of the said minor against her will and by means of force, violence, intimidation and
threats.
Contrary to law.
JACK I. ENRILE
City Prosecutor
JURAT (Form 33)
Form 34l. Information for Robbery
Plaintiff,
For: Robbery
v.
JUAN DELA CRUZ,
Accused.
x-------------------------------------------x
INFORMATION
of ROBBERY, committed as follows, to wit:
That on or about April 9,2013, at about 10 p.m., in the City of Baguio and within the
jurisdiction of this Honourable Court, the said accused did then and there, wilfully, unlawfully,
feloniously, with intent to gain and with intimidation upon the person of Louie Campo by
threatening him with a .38 caliber pistol, took and carry away the latters O2 XDA II mobile
313
phone valued at P35,000.00, Philippine Currency, to the damage and prejudice of the said
victim in the said amount.
Contrary to law.
JACKI P. RODRIGUEZ
JURAT (Form 33)
Form 34m. Information for Seduction

BRANCH 16
Baguio City
Plaintiff,
For: Seduction
v.
JUAN DELA CRUZ,
Accused.
x-------------------------------------------x
INFORMATION
The undersigned upon sworn complaint filed by the offended party, JUANITA GANDA,
copy of which is attached hereto, accuses JUAN DELA CRUZ, of the crime of SIMPLE
SEDUCTION, committed as follows:
That on or about and during the month of February and March, 2013, in the City of
Baguio, within the jurisdiction of this Honourable Court, the above-named accused by means of
314
deceit by promising to marry the offended party, did then and there wilfully, unlawfully and
feloniously have sexual intercourses with one Juanita Ganda, a 17 year old unmarried woman of
good repetition, thereby resulting to the pregnancy of the said offended party.
CONTRARY TO LAW.
JACK O. UY
City Prosecutor
JURAT (Form 33)
Form34n. Information for Violation of R.A. 9262

BRANCH 2
Baguio City
Plaintiff,
For: Violation of R.A. 9262
v.
JUAN DELA CRUZ,
Accused.
x-------------------------------------------x
INFORMATION
The undersigned hereby accuses JUAN DELA CRUZ of VIOLATION OF R.A. 9262
(ANTI-WOMENS VIOLENCE ACT) committed as follows:
That sometime on April 9, 2013 in the City of Baguio, Philippines and within the
315
jurisdiction of this Honorable Court, the above-named accused did there and then, willfully,
unlawfully and criminally and with intent to manipulate the conduct of his wife and children to
beg money from him, commit acts of economic abuse against his wife, JUANA DELA CRUZ and
their minor children, by refusing to give them any financial support, which is legally due them
under the law, to their damage and prejudice.
CONTRARY to Section 5 par.e (2) in relation to Sec 3 sub. Par.d, of RA 9262 (economic
abuse).
PEDRO LIWANAG
City Prosecutor
JURAT (Form 33)
316

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INTRODUCTION

If you can't write, you can't win." 1

Hon. William D. Stein

Know Your Audience

California Court of Appeals, First Appellate District The Recorder (5/21/97) p. 1

Front-Load Your DocumentContext Before Detail

Frame the Issue in Fewer than 75 Words

State the Facts Succinctly

Avoid Overchronicling, Most Dates Are

Headings are SignpostsThey should Inform

Write Short Paragraphs

Form is ImportantMake it Look Good

Check the Document Carefully

Use No Talking Footnotes

Edit, Edit, Edit

Write Short Sentences

Long sentences are especially difficult when strung together. Sophisticated

Use Mainly Active Voice

Use But and And to Begin Sentences

Distinguish between That and Which

Use the Dash, Parenthesis,

One Word is Usually Enough

Hyphenate Phrasal Adjectives

Use the Serial Comma

Avoid Unnecessary Preambles

It is important to add that . . .

The Parties have Names

Use Quotations Sparingly

Use Persuasive Language

Daniel Smith likewise proposes persuasive legal writing. Writing is persuasive

Continue the Research Work

DEVELOPMENT OF LEGAL FORMS

Legal and Judicial Forms, Martin and Gregorio, 1974, pp. 1

2004 RULES ON NOTARIAL PRACTICE

supra, Camus and Cinco

Purpose of Notarial Law

Qualifications of a Notary Public

Scope of Practice of the Notary Public

Sec 1, Rule I, 2004 Rules on Notarial Practice

Powers and Duties of a Notary Public

Limitations and Prohibitions in the Practice of

As to place of work or business

Handbook on Legal and Judicial Forms, Martin and Gregorio, pp. 5

As to circumstances warranting refusal of

Competent Evidence of Identification

supra, Sec 2, Rule IV

The Seal of the Notary Public

Roll No. 8689

Fig. 1. Sample Notarial Seal

Baylon v. Almo, A.C. No 6962, June 25, 2008

The Notarial Register of a Notary Public

supra, Sec 1, Rule VI

Judicial Form No. 143, As Amended

Form 1. Sample Notarial Register

Revocation of the Commission of a Notary Public

supra, Sec 1, Rule VI

(8) fails to identify a principal on the basis of personal knowledge or

JUDICIAL AFFIDAVIT RULE

The Purpose of the Rule

The Scope of the Application of the Rule

As to the courts hearing the case

Sec 9(a), Judicial Affidavit Rule A.M. No. 12-8-8-SC

Contents of Judicial Affidavit

Submission of Judicial Affidavits and Exhibits