LEGAL FORMS
has a meritorious defense.
1.) Section 1 Rule 6 - Pleadings defined.
Pleadings are the written statements of the respective
claims and defenses of the parties submitted to the
court for appropriate judgment.
2.) Section 1 Rule 15 - Motion defined.
A motion is an application for relief other than by a
pleading.
3.) 15 Legal forms/documents mentioned in Rules of
Court and basis
(legal document, what is that document?, basis)
1. Verification - Section 4, Rule 7
It is an affidavit attached to a pleading
in which the pleader will certify that that
he/she prepared the pleading, that all
allegations therein are true and correct.
2. Certification of Non-Forum Shopping - Section
5, Rule 7
It is certification in which the plaintiff
or the principal party will certify under oath in
the complaint or other initiatory pleading
asserting a claim for relief that he has not
commence any action or filed any claim
involving the same issues in any court, tribunal
or quasi-judicial agency and that to the best of
his knowledge, no such other action or claim is
pending therein or that if there is such other
pending action or claim, a complete statement
of the status thereof.
3. Notice of Hearing - Section 5, Rule 15 (Motions)
It is a notice that shall be addressed to
the parties concerned upon filing of a motion
which shall specify the time and date of the
hearing which must not be later than ten days
after the filing of the motion.
4. Motion to Lift Order of Default - Section 3 (b),
Rule 9
It is filed by a defendant who has been
declared in default, provided that there is still
no judgment, asking the court to set aside the
order of default upon a proper showing that his
failure to answer was due to fraud, accident,
mistake or excusable negligence and that he
5. Motion to Dismiss - Rule 16
It is a document filed by any party
before filing an answer asking the court to
dismiss a complaint or any pleading asserting a
claim based on the grounds provided under
Section 1 Rule 16.
6. Motion to Withdraw with Substitution of
Counsel - Section 26, Rule 138
7. Motion to Intervene – Rule 19 Section 1
It is a document filed by a person not a
party to the case but who has a legal interest in
the matter in litigation or in the success of
either of the parties or an interest against both
or is to be adversely affected by a distribution
or disposition of the property in custody of the
court or of an officer, asking the court to be
allowed to intervene and be a party to the
case.
8. Motion for New Trial – Rule 37 Section 1
It is a document filed by any aggrieved
party to a case before the judgment becomes
final and executory asking the court to set
aside the judgment or final order and to grant
a new trial based on the following causes:
fraud, accident, mistake, excusable negligence,
newly discovered evidence.
9. Motion for Reconsideration – Rule 37 Section 1
It is a document filed by any aggrieved
party to a case before the judgment becomes
final and executory asking the court to
reconsider the judgment or final order upon
the grounds that the damages awarded are
excessive, that the evidence is insufficient to
justify the decision or final order or that the
decision or final order is contrary to law.
10. Motion for Execution of Judgment - Rule 39,
Sections 1 and 6
11. Notice of Appeal - Rule 41 Appeal from the
RTC. Section 2 (a) Modes of appeal – ordinary
appeal. Appeals to the CA in cases decided by
 the RTC in the exercise of its original 4.) Jurat Definition.
jurisdiction shall be taken by filing a notice of
It is a part of an affidavit where the officer
appeal with the court which rendered the
certifies that the same was sworn before him.
judgment or final order appealed from, and
service a copy thereof upon the adverse party. 5.) Acknowledgment Definition.
Section 3 – Period of Appeal. The appeal shall
be taken within 15 days from notice of the An Acknowledgment is the act of an individual
judgment or final order appealed from. Section who has executed a deed, in going before some
5 – Notice of Appeal. The notice of appeal shall competent officer or court and declaring the same to
indicate the parties to the appeal, specify the be his act or deed.
judgment or final ordered or part thereof Represents to the notary public that the signature was
appealed from, specify the court to which the voluntarily affixed for the purposes stated in the
appeal is being taken, and state the dates instrument and declares that instrument was executed
showing the timeliness of the appeal. as a free and voluntary act.
12. Interpleader - Rule 62 (complaint) – sec.1 – is a
complaint filed by a person against whom to 6.) When do you use a Jurat?
conflicting claims are made upon the same
A jurat is usually used in affidavits.
subject matter and over which he claims no
interest whatever, or if he has an interest, it is > when the affiant is swearing to the content of the
one which, in whole or in part, is not disputed document. The affiant signs the instrument and takes
by the claimants to compel them to interplead an oath or affirmation before the notary public as to
and litigate their claims among themselves. such instrument.
13. Petition for Letters of Administration - Section
6, Rule 78 – it is a document asking the court to 7.) When do you use Acknowledgment?
authorize the petitioner or a competent person An acknowledgement is usually used in
to administer the estate of the deceased who contracts and deeds.
died intestate.
14. Criminal Complaint - Rule 110 Section 3 – is a > used to verify the identity of the affiant or parties of
sworn written statement charging a person the instrument and to confirm whether they signed the
with an offense, subscribe by the offended instrument.
party, any peace officer, or other public officer
8.) Affidavit Definition.
charge with the enforcement of the law
violated. A written statement of facts voluntarily made
15. Criminal Information - Rule 110, Section 4. – is by an affiant under an oath or affirmation administere
an accusation in writing charging a person with d by a person authorized to do so by law.
an offense, subscribed by the prosecutor and
filed with the court.
16. Petition for Bail - RULE 114 -
17. Motion to Quash - RULE 117
18. Demurrer to Evidence - Rule 119 Section 23
19. Petition for Change of Name – Rule 103 – it is a
document filed by a person asking the court to
allow him or her to change his or her name.
20. Petition for Cancellation or Correction of
Entries in the Civil Registry – Rule 108
- it is a document asking the court to allow the
petitioner to correct or to change entries in the
civil registry.