PHILIPPINE LEGAL FORMS 2015

TABLE OF CONTENTS

PARTS OF A PLEADING ......................................................................... 1

COMPLAINT AFFIDAVIT ............................................................. 2
COMPLAINT ............................................................................... 3
VERIFICATION AND CERTIFICATION AGAINST NON-FORUM
SHOPPING .............................................................................................. 5
ACKNOWLEDGEMENT .............................................................. 6
JURAT .......................................................................................... 7

AFFIDAVITS ............................................................................................. 8
AFFIDAVIT OF LOSS .................................................................. 9
AFFIDAVIT IN SUPPORT OF FACTS ALLEGED IN MOTION ..... 11
AFFIDAVIT OF ADVERSE CLAIM ............................................ 13
AFFIDAVIT OF CITIZENSHIP ...................................................... 15
AFFIDAVIT OF CHANGE OF MOTOR REGISTRATION ........... 17
AFFIDAVIT OF CHANGE OF COLOR OF MOTOR VEHICLE .. 19 AFFIDAVIT OF
CESSATION OF BUSINESS OPERATION .......... 21 AFFIDAVIT OF CANCELLATION OF
ENCUMBERANCE ........ 23
AFFIDAVIT OF CANCELLATION ............................................. 25
AFFIDAVIT OF BIRTH ................................................................ 27 AFFIDAVIT OF
AUTHORIZATION ............................................. 29 AFFIDAVIT OF
ALTERATION .................................................... 30
AFFIDAVIT OF AGGREGATE LAND HOLDINGS .................... 32
AFFIDAVIT OF CONSENT AND SUPPORT .............................. 34 AFFIDAVIT OF
PARENTAL CONSENT TO MARRIAGE ............ 36
AFFIDAVIT OF NO KNOWLEDGE ........................................... 38 AFFIDAVIT OF
NATURALIZATION ........................................... 40
AFFIDAVIT OF RECANTATION ................................................ 42
AFFIDAVIT OF INSURANCE CLAIMS ...................................... 44 AFFIDAVIT OF
INCOME .......................................................... 46 AFFIDAVIT OF
ILLEGITIMACY ................................................. 47
AFFIDAVIT OF IDENTITY ........................................................... 49
AFFIDAVIT OF EMPLOYMENT ...................................... 50 AFFIDAVIT OF DECLARATION OF
OWNERSHIP .................... 52 AFFIDAVIT OF CONSOLIDATION OF OWNERSHIP ............... 54
AFFIDAVIT FOR PRELIMINARY ATTACHMENT ....................... 56
AFFIDAVIT OF UNDERTAKING ................................................ 58

JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS ............ 60

AFFIDAVIT OF SINGLE STATUS ................................................ 63 AFFIDAVIT OF

SERVICE ............................................................ 65
AFFIDAVIT OF SELF- ADJUDICATION .................................... 67
AFFIDAVIT OF PUBLICATION .................................................. 69
AFFIDAVIT TO USE THE SURNAME OF THE
FATHER/ACKNOWLEDGMENT ....................................................... 71

CORPORATION FORMS ...................................................................... 73

AFFIDAVIT OF NON OPERATION ............................................ 74 NOTICE OF

CALL ..................................................................... 75 NOTICE OF PRE-EMPTIVE

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RIGHTS ........................................... 76 PROXY TO

VOTE ...................................................................... 77
RESOLUTION DECLARING CASH DIVIDEND .......................... 78 UNDERTAKING TO
CHANGE CORPORATION NAME ........... 79
WAIVER OF PRE EMPTIVE RIGHTS ........................................... 80 WAIVER TO
SUBSCRIBE NEW STOCK ...................................... 81 TREASURER’S
AFFIDAVIT .......................................................... 82
AFFIDAVIT OF NON OPERATION ............................................ 84
ARTICLES OF LIMITED PARTNERSHIP ....................................... 86

REAL ESTATE AND PERSONAL PROPERTY FORMS ............................. 88

AFFIDAVIT OF CONSOLIDATION OF OWNERSHIP ................. 89

DEED OF ABSOLUTE SALE ......................................................... 91
EARNEST MONEY RECEIPT AGREEMENT ................................. 93
OFFER TO PURCHASE ............................................................... 95 DEED OF SALE
(MOTOR VEHICLE) .......................................... 97
DEED OF ASSIGNMENT TRANSFER OF RIGHTS ........................ 99
CONTRACT OF LEASE ............................................................. 101 CHATTEL
MORTGAGE ............................................................. 103 DISCHARGE OF
MORTGAGE ................................................. 106 PETITION FOR RESTITUTION OF
TCT ........................................ 108
ACTION TO REMOVE CLOUD ................................................ 110
AFFIDAVIT OF ADJUDICATION BY SOLE HEIR OF ESTATE OF
DECEASED PERSON ........................................................................... 112
ASSIGNMENT OF REAL ESTATE ............................................... 114 COMPLAINT FOR
FORECLOSURE .......................................... 116 DEED OF
PURCHASE ............................................................... 118
DEED OF SALE OF AGRICULTURAL LAND ............................. 120 DEED OF SALE OF
REGISTERED LAND ................................... 121
DEED OF SALE OF REGISTERED LAND WITH PACTO DE RETRO
.................................................................................................. 123
DEED OF SALE OF UNREGISTERED LAND .............................. 125 DEED OF SALE
WITH MORTGAGE .......................................... 127

MANIFESTATIONS / MOTIONS AND COMMENTS ........................... 129

MANIFESTATION AND MOTION TO ISSUE CERTIFICATE OF

FULL COMPLIANCE WITH CIVIL OBLIGATION ..................... 130

MOTION OF REQUEST FOR OFFICIAL COPY ....................... 134
MOTION FOR ALLOWANCE TO APPEAR AS AMICUS CURIAE
............................................................................................................. 136
MOTION FOR BILL OF PARTICULARS .................................... 138 MOTION FOR
CONSOLIDATION OF CASES ........................ 141 URGENT MOTION FOR EARLY
RESOLUTION ........................ 143 MOTION FOR ISSUANCE OF A HOLD DEPARTURE ORDER
145 MOTION FOR LEAVE TO SERVE SUMMONS BY PUBLICATION
............................................................................................................. 149
MOTION FOR PERMANENT DISMISSAL ................................ 153
MOTION TO ADMIT AFFIDAVIT OF RECANTATION ............. 156
MOTION TO CANCEL LIS PENDENS ..................................... 159 MOTION TO CITE WITNESS
FOR CONTEMPT ........................ 162
EX-PARTE MOTION TO DISMISS ............................................. 165

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JOINT MOTION TO DISPOSE CONJUGAL REAL PROPERTIES

............................................................................................................. 168
MOTION TO EXERCISE VISITATION RIGHTS OF PETITIONER 172 MOTION TO
INHIBIT................................................................ 175
MOTION WITH LEAVE TO INTERVENE AND TO ADMIT
ATTACHED COMPLAINT- IN- INTERVENTION ....................... 177
MOTION TO LIFT ORDER OF ARREST .................................... 179 MOTION TO RELEASE
MOTOR VEHICLE .............................. 182 MOTION TO RENDER
JUDGMENT ....................................... 185
MOTION FOR RE-RAFFLE AND TO SET CASE FOR
ARRAIGNMENT .................................................................................. 188 MOTION TO
RESET ................................................................. 192
MOTION TO REVIVE CRIMINAL ACTION AND FOR THE
ISSUANCE OF WRIT OF EXECUTION ON THE COMPROMISE
AGREEMENT ........................................................................... 195
MOTION TO SET CASE FOR PRELIMINARY CONFERENCE . 199 MOTION FOR LEAVE TO
FILE DEMURRER TO EVIDENCE .... 202
MOTION WITH NOTICE TO TAKE DEPOSITION ..................... 203
MOTION TO WITHDRAW AS COUNSEL ................................ 207

CIVIL AND SPECIAL ACTION ............................................................ 210 COMPLAINT FOR

UNLAWFUL DETAINER ............................. 211 COMPLAINT FOR EJECTMENT WITH
DAMAGES ................. 214 COMPLAINT FOR SUM OF MONEY ...................................... 216
ANSWER WITH COMPULSORY COUNTERCLAIM ................ 218
CERTIORARI ............................................................................ 221
PROHIBITION .......................................................................... 223
MANDAMUS ........................................................................... 225
COMPLAINT IN INTERPLEADER ............................................. 226
ACTION FOR DECLARATORY RELIEF .................................... 228
QUO WARRANTO .................................................................. 230

APPEAL ON CIVIL CASES .................................................................. 231 NOTICE OF

APPEAL ............................................................... 232
RECORD ON APPEAL ............................................................ 233 PETITION FOR REVIEW
ON CERTIORARI ............................... 235
APPELLANT’S BRIEF ................................................................ 237
APPELLEE’S BRIEF ................................................................... 239

PROVISIONAL REMEDY ..................................................................... 241 COMPLAINT WITH

PRAYER FOR ATTACHMENT................... 242 COMPLAINT WITH PRELIMINARY
INJUNCTION ................... 244
REPLEVIN ................................................................................ 246
APPLICATION FOR REPLEVIN ................................................ 248
AFFIDAVIT FOR REPLEVIN ...................................................... 250
COMPLAINT FOR SEPARATE SUPPORT ................................ 252

CRIMINAL ACTION / INFORMATION ............................................... 254

ABDUCTION WITH CONSENT ................................................ 255
ABDUCTION, FORCIBLE......................................................... 255
ABORTION .............................................................................. 260 ACTS OF
LASCIVIOOUSNESS ................................................ 261
ADULTERY ............................................................................... 262

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BRIBERY ................................................................................... 263

CONCUBINAGE ..................................................................... 264 CORRUPTION OF
MINORS .................................................... 265
DAMAGE TO PROPERTY THROUGH RECKLESS IMPRUDENCE
............................................................................................................. 266
ESTAFA .................................................................................... 269
HOMICIDE .............................................................................. 270 HOMICIDE THROUGH
ABORTION ........................................ 271
LIBEL ........................................................................................ 272
MALVERSATON ...................................................................... 275
MURDER .................................................................................. 276
PARRICIDE .............................................................................. 277 PHYSICAL
INJURIES ................................................................ 280
ROBERRY ................................................................................ 283
THEFT ....................................................................................... 284
SEDITON .................................................................................. 285
QUALIFIED TRESPASS TO DWELLING .................................... 286

CRIMINAL PROCEEDING .................................................................. 287

MOTION TO RELEASE CASH BAIL BOND ............................. 288 AFFIDAVIT OF

DESISTANCE ................................................... 289 AFFIDAVIT OF DESISTANCE
THEFT......................................... 291
AFFIDAVIT OF DESISTANCE VIOLATION OF BP 22 .............. 293 COMMENT ON
FORMAL OFFER OF EVIDENCE .................. 295
PRE-TRIAL BRIEF ...................................................................... 298
LABOR CASES .................................................................................... 301

POSITION PAPER .................................................................... 302

REPLY ...................................................................................... 318
REJOINDER ............................................................................. 325
MEMORANDUM .................................................................... 333
CERTIORARI ............................................................................ 353

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PARTS OF A PLEADING

FORM NO.1:

Republic of the Philippines)

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____________, ________ ) s.s.

x- - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT AFFIDAVIT

The UNDERSIGNED, __________________________, accuses

_________, of _____________, committed as follows, to wit:

That on or about _________, at about _____________ in the _________________,

______________, Philippines, the said accused did then and there willfully, unlawfully, feloniously,
and by means of _____________, committed _____________, upon the undersigned directly by overt
acts to wit: (state the details how the crime was committed).
The undersigned executed this affidavit to attest the truthfulness of the foregoing facts and to
support the filing of Criminal Cases against
_______________________________ for violations of
________________________.

___________, this _____ day of __________, ____.

____________________________
Offended Party

SUBSCRIBED AND SWORN to before me this ___ day of _______ at _______________. I

HEREBY CERTIFY that I have personally examined the herein offended party and I am satisfied that
they voluntarily executed and understood their given affidavit.

_______________________
Prosecutor

WITNESSES

FORM NO.2: COMPLAINT

(Caption and Title)

COMPLAINT

, MOST RESPECTFULLY STATES THAT; COMES NOW, the plaintiff together with
the undersigned counsel to this most honorable court

1. The Plaintiff is of legal age, married and a resident of _______________________. The Defendant is
likewise of legal age, married and temporary residing at _____________________
2. The Plaintiff is the owner of the two-storey house unit located at the Petersville Subdivision, Baguio
City, and having the residential address of PV 123 as evidenced by pertinent documents like tax
declaration and deed of sale. ( EXHIBIT “A” )

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3. The Defendant is the lessee of the house unit that is owned by the Plaintiff as evidenced by the written
contract of lease that both parties signed. (Exhibit “B”)
4. The Plaintiff and the Defendant came up with a written agreement of Lease on June 26, 2007, which
they both agreed upon and was duly signed by the two parties as shown in their contract of lease.
(Exhibit “B”)
5. Item No. 16 of the contract which the defendant signed expressly provides that he will only be
occupying the property for one (1) year, after which, he will vacate the house when that term expires.
(Exhibit “B”)
6. The contract also provides that the defendant should also take care of the property and its premises”
with the utmost diligence”.
7. On June 28, 2008, the plaintiff, after returning from Japan, was surprised to discover that the defendant
did not vacate the property as he expected. Worse,
he installed a “sari-sari store” in the original building structure of the house unit.
8. The plaintiff confronted the defendant about it but the defendant claimed that it was a “DEED OF
SALE” which they signed and not a “CONTRACT OF LEASE” and therefore, the defendant is the
new owner of the house unit.
9. On August 20, 2008, after continuous demands, the defendant constantly refuses to vacate the house
unit and even invited relatives to stay with him.
10. The defendant willfully and maliciously violated the agreement which they mutually agreed upon, and
which the defendant signed.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgement be rendered in favor of the plaintiff and that after judgement;

a. The defendant shall vacate the house unit owned by the plaintiff.
b. The defendant shall be ordered to pay P 120, 000 for the Attorney’s Fees.

Such other reliefs and remedies under the premises are likewise prayed for.

_________________, Philippines, this ____ day of _________ 20__.

______________________
Counsel for
the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City

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FORM NO.3: VERIFICATION AND CERTIFICATION OF

NONFORUM SHOPPING

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, _______________________, of legal age, after having been duly sworn in accordance with law,
depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

___________________________
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his Community Tax Certificate
No.____________________ issued on ________________ 200_ at ______________ City.

Doc. No. ;
Page No. ;
Book No. ; Series of 20__.

FORM NO.4: ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES) CITY/MUNICIPALITY OF ______) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________,

personally appeared _____________ with Community Tax Certificate No. _____________ issued on
_____________ at _____________ (and Tax Identification No. (T.I.N.) _____________), known to
me and to me known to be the same person who executed the foregoing instrument which (he/she)
acknowledged to me as (his/her) free and voluntary act and deed, consisting of only ______ (____)
page/s, including this page in which this Acknowledgement is written, duly signed by (him/her) and
(his/her) instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this _____________ at _____________,

Philippines.

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NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

FORM NO.5: JURAT

JURAT

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SUBSCRIBED AND SWORN to before me, this _____________ day of ______________, in the City
of __________________, by ___________________ with Passport No.________________ issued on
__________________at_____________.

Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

AFFIDAVITS
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FORM NO.1: AFFIDAVIT OF LOSS

REPUBLIC OF THE PHILIPPINES)

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) S.S.

AFFIDAVIT OF LOSS

I, AAA, messenger of BBB, of Legal Age, Filipino, Married, born on with residential address at
316 Palin St., Block 27, Lot 77, Ai- Ai, General Tinio, GMA, Cavite, subscribing under oath, hereby
depose and state:

1. That abovementioned is the plaintiff in the case of Spouses BBB vs Porntakers Industry
Corporation filed in the Regional Trial Court of Imus
City, Cavite, Branch 22, for Annulment of Title with Damages;

2. Plaintiff is entitled to the relief demanded in the complaint in whole or in part and such other
relief consists in restraining the commission or continuance of the acts complained of either for a
limited period or perpetually;

3. The commission or continuance of the acts complained of during the litigation will work injury
to herein plaintiff and that the defendant is doing, threatens, or is about to do, or is procuring or
suffering to be done the acts tending to render the judgment ineffectual;

4. That plaintiff is willing and ready to file a bond in the amount which may be fixed by the Court
to the effect that he, the plaintiff, will pay the defendant all the damages which the latter may
sustain by reason of the injunction if the court should finally decide that the plaintiff was not
entitled thereto.

AAA

Affiant

________________________________________

________________________________________

BEFORE ME, appears the person of AAA presenting the above Affidavit, who is personally
known to me or identified by me through competent evidence of identity as defined by the Notarial
Rules as the person who signs the document and in my presence taken an oath or affirmation before
me as to such document.

WITNESS MY HAND AND SEAL this 8th day of January, 2014 in

Imus City, Cavite

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Doc. No. ____;

Page No. ____;
Book No. ____; Series of 2014.

FORM NO.2: AFFIDAVIT IN SUPPORT OF FACTS ALLEGED IN

MOTION

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Republic of the Philippines

City of Puerto Princesa ) s.s.

AFFIDAVIT IN SUPPORT OF FACTS ALLEGED IN MOTION

I, RUBEN R. PADILLA, of legal age and with residence at Blk 1, Lot 1, Brgy. Sta Monica, Puerto
Princesa City, having been duly sworn, depose and say:

That I, RUBEN R. PADILLA, married and of legal age, currently working as an analyst at the
Palawan Diagnostic Laboratory, Puerto Princesa City, Palawan.

That I personally know that the person named herein in the complaint and the person whom I
personally know are one and the same person.

That he is my classmate in High school, and a friend of mine.

RUBEN R. PADILLA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of
Puerto Princesa and the Province of Palawan this 3 rd day of November 2013. Affiant personally came
and appeared with Driver’s License ID No. D11-125477 issued by the Land Transportation Office and
valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as
the same person who personally signed the foregoing instrument before me and avowed under penalty
of law to the whole truth of the contents of said instrument

ATTY. PERCIVAL JAMES L.

LACEBAL
Notary Public
My commission expires
on December 31, 2011
PTR No. 906760 issued Jan. 3, 2007
IBP No. 918300 Roll
No.
13466

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2013;

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FORM NO.3: AFFIDAVIT OF ADVERSE CLAIM

REPUBLIC OF THE PHILIPPINES)

CITY OF MAKATI ) S.S.

AFFIDAVIT OF ADVERSE CLAIM

I, SASHA GREY, of legal age, Filipino, single and a resident of 2223 Washington Street,
Pio del Pilar, Makati City, after having been duly sworn to in accordance with law, depose and
state:

1. That on July 10, 2013, I have entered into a Deed of Conditional Sale which was
acknowledged on the same date before Notary Public Juan Tamad of Makati City and entered
in his Notarial Register as Doc. No. 2, Page 2, Book II, Series of 2013.

A copy of the said Deed is hereto attached as ANNEX “A” and made an integral part of
this Affidavit;

2. That in the said Deed of Conditional Sale, I was the VENDEE of a certain parcel of land
covered by Transfer Certificate of Title No.

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111222, more particularly described as follows:

(Technical Description of Property)

3. That because I still have a balance on the purchase price in the amount of P500,000.00
which is payable within one (1) (year) from the date of signing thereof, it was stipulated in the
aforementioned Deed that title and ownership over the subject property will only be
transferred upon full payment of the same;

4. That the VENDOR in the said Deed of Conditional Sale agreed that upon its execution,
said Deed shall be annotated in the Title with the
Office of the Register of Deeds of Makati City;

5. However, since the said Deed of Conditional Sale per se could not be annotated on the
Title with the Office of the Register of Deeds, I am therefore executing this Affidavit for the
purpose of attesting to the truthfulness of the foregoing allegations and in support of my
request for the annotation of an adverse claim over the parcel of land covered by the Transfer
Certificate of Title No. 111222.

IN WITNESS WHEREOF, I have hereunto set my hand this 27TH day of January 2014 in
Makati City, Metro Manila, Philippines.

SASHA GREY
Affiant
With Philippine Passport No. 123456

SUBCRIBED AND SWORN TO before me this 27 TH day of January 2014 in Makati City,
Metro Manila, Philippines, affiant exhibiting to me her Philippine Passport No. 123456 issued
in Manila on January 12, 2012 and valid until January 12, 2017.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.4: AFFIDAVIT OF CITIZENSHIP

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

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AFFIDAVIT OF CITIZENSHIP

I, AAA, of legal age, Filipino, respectively, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and
state:

1. I am a Filipino Citizen from birth until the present.

2. On 09 June 1979, my son BBB was born in Brussels , Belguium.

3. BBB is also a Filipino Citizen pursuant to the provisions of the 1987 Philippine
Constitution.

4. At the time of birth of BBB, both his parents, were, and still is, Filipino Citizens.

5. I therefore have executed this Affidavit to attest to the truth I mentioned herein and for
whatever legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd day of February 2014
in Imus City, Cavite, Philippines.

AAA
Affiant
Voter's ID No. 5555

SUBCRIBED AND SWORN TO before me this 3rd day of February 2014 in Imus City,
Cavite, Philippines, affiant exhibiting to me her valid proof of identification.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.5: AFFIDAVIT OF CHANGE OF MOTOR

REGISTRATION

REPUBLIC OF THE PHILIPPINES)

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CITY OF IMUS ) S.S.

AFFIDAVIT OF CHANGE OF MOTOR REGISTRATION

I, SASHA GREY, of legal age, Filipino, married, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and state:

1. I am the owner of a certain registered motor vehicle, which I inherited from my deceased
father through intestate succession, with the particular description as follows, to wit:

MAKE: Honda
BODY: Sedan
SERIES: Civic
MODEL: 1998
PLATE NO.: UTS 101
Serial/Chassis No.: US15- 2B3509
MV FILE No.: 2477- 33438

2. However, its motor part has been recently junked, and in its stead was replaced by Motor No.
C240300014.

3. I therefore have executed this Affidavit to attest the truth I mentioned herein and for whatever
legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of January 2014 in Imus
City, Cavite, Philippines.

SASHA GREY
Affiant
Philippine Passport No. 123456 valid until January 13, 2018

SUB
th
CRIBED AND SWORN TO before me this 30 day of January 2014 in Imus City, Cavite,
Philippines, affiant exhibiting to me her competent evidence of identity indicated below his above-
stated name.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

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FORM NO. 6: AFFIDAVIT OF CHANGE OF COLOR OF MOTOR

VEHICLE

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF CHANGE OF COLOR OF MOTOR VEHICLE

I, SASHA GREY, of legal age, Filipino, married, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and state:

1. I am the owner of a certain registered motor vehicle, which I inherited from my deceased
father through intestate succession, with the particular description as follows, to wit:

MAKE: Honda
BODY: Sedan
SERIES: Civic
MODEL: 1998
PLATE NO.: UTS 101
Serial/Chassis No.: US15- 2B3509
MV FILE No.: 2477- 33438

2. I recently changed the color of the said motor vehicle from color blue to pink.

3. I therefore have executed this Affidavit to cause the necessary changes in the registration of
the above- mentioned vehicle in the Land Transportation Office, to attest the truth I mentioned
herein and for whatever legal purposes it may serve.

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IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of January 2014 in Imus
City, Cavite, Philippines.

SASHA GREY
Affiant
Philippine Passport No. 123456 valid until January 13, 2018

SUBCRIBED AND SWORN TO before me this 30th day of January 2014 in Imus City, Cavite,
Philippines, affiant exhibiting to me her competent evidence of identity indicated below his above-
stated name.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.7: AFFIDAVIT OF CESSATION OF BUSINESS

OPERATION

Republic of the Philippines )

City of Imus ) S.S.

AFFIDAVIT OF CESSATION OF BUSINESS OPERATION

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 PHILIPPINE LEGAL FORMS 2015

I, SASHA GREY, of legal age, married, Filipino, and presently residing at Blk 55, Lot
66, Ibarra Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law,
do hereby depose and say:

1. That I am the Sole Proprietor of XHamster Pet Shop located at Lot

67 Caloocan Business Park, Caloocan City;

2. That said business is registered with the Bureau of Internal Revenue (BIR) on January 16,
2011 with Certificate of Registration OCN No.
189998-11;

3. That I am applying for the termination of the business effectively on January 30, 2014
because I am about to migrate to the United States;

4. That the business has no outstanding liability and obligation;

5. That I am executing this affidavit to attest to the truth of all the foregoing statements and
for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of 27 th day of January,
2014 at Imus City, Cavite, Philippines.

SASHA GREY
Affiant

SUBSCRIBED AND SWORN to before me this 27TH day of January 2014 in Imus
City, Cavite, Philippines, his/her competent evidence of identity by way of _______________
issued at ___________ on ________________.

Doc No. : _____

Page No.: ______
Book No.: ______
Series of 2014.

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FORM NO.8: AFFIDAVIT OF CANCELLATION OF

ENCUMBERANCE

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF CANCELLATION OF ENCUMBRANCE

I, SASHA GREY, of legal age, Filipino, married, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and state:

1. I am the registered owner of a parcel of land situated in Tagaytay City, with Transfer
Certificate of Title No. T- 73879 of the Registry of Deeds for Tagaytay City.

2. It was annotated in the previous certificate of title, which was copied from the certificate of
title in my name, “Pursuant to Sec. 8 of Republic Act No. 26, this certificate of title is without
prejudice to any party whose right or interest in the property was duly noted on the original of
the reconstituted certificate of title RT- 5 (130-a-1337) at the time it was lost or destroyed.”

3. From the time of the encumbrance was duly annotated, more than two (2) years have already
lapsed since the title was transferred in my name.

4. Thus, as can be deduced from the foregoing, the cancellation of the said encumbrance is
warranted and is in order.

5. I therefore have executed this Affidavit to attest the truth I mentioned herein and for whatever
legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of January 2014 in Imus
City, Cavite, Philippines.

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SASHA GREY
Affiant
Philippine Passport No. 123456 valid until January 13, 2018
SUBCRIBED AND SWORN TO before me this 30th day
of January 2014 in Imus City, Cavite, Philippines, affiant
exhibiting to me her competent evidence of identity
indicated below his above- stated name.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.9 : AFFIDAVIT OF CANCELLATION

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF CANCELLATION

I, SASHA GREY, of legal age, Filipino, married, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and state:

1. I am presently engaged in a business under the name and style of Prime Choose Consultancy
Services.

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2. The business is now aiming for expansion and is now attracting other investors in the process.

3. To protect all the investors who are putting not an inconsiderable amount of capital, the plan is
to change the present business organization from sole proprietorship to incorporation.

4. Thus in so doing, the cancellation of the business registration in the Department of Trade and
Industry is now properly called for.

5. In changing the present organizational set- up, no creditors will be prejudiced because the
business has no obligation arising from contract, other monetary claims and sources of
obligation.

6. I therefore have executed this Affidavit to attest the truth I mentioned herein and for whatever
legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of January 2014 in Imus
City, Cavite, Philippines.

SASHA GREY
Affiant
Philippine Passport No. 123456 valid until January 13, 2018
SUBCRIBED AND SWORN TO before me this 30th day of
January 2014 in Imus City, Cavite, Philippines, affiant
exhibiting to me her competent evidence of identity indicated
below his above- stated name.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.10 : AFFIDAVIT OF BIRTH

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF BIRTH

I, AAA, of legal age, Filipino, married, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and
state:

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1. I was born on February 15, 1990, in Aguy, Iloilo, to spouses BBB;

2. This is supported by numerous authentic documents attached in this affidavit; and I

hereby certify that the foregoing statements are correct.

3. I therefore have executed this Affidavit to attest the truth I mentioned herein and for
whatever legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014 in
Imus City, Cavite, Philippines.

AAA
Affiant
Philippine Passport No. 123456 valid until January 13, 2018

SUBCRIBED AND SWORN TO before me this 30th day of January 2014 in Imus City,
Cavite, Philippines, affiant exhibiting to me her competent evidence of identity indicated
below his above- stated name.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.11: AFFIDAVIT OF AUTHORIZATION

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF AUTHORIZATION

I, SASHA GREY, of legal age, Filipino, single, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and state:

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1. I am the owner of a certain parcel of land in the subdivision in Tagaytay City- known as Block
1, Lot 3- which is being developed by Doroteaville Developer Corporation.
2. Through this Affidavit, I hereby authorize Mr. Cedric Lee not only to use and possess the said
property but also to continue paying it in the event there are still balances to be paid to the
developer, and have it consequently registered in his name.
3. I therefore have executed this Affidavit to attest to the truth I mentioned herein and for
whatever legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of January 2014 in Imus
City, Cavite, Philippines.

SASHA GREY
Affiant

SUBCRIBED AND SWORN TO before me this 30th day of January 2014 in Imus City, Cavite,
Philippines, affiant exhibiting to me her Philippine Passport No. 123456 issued in Manila on January
12, 2014 and valid until January 13, 2018.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO 12: AFFIDAVIT OF ALTERATION

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF ALTERATION

I, SASHA GREY, of legal age, Filipino, single, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and state:

1. As Assistant Treasurer of the Salinas Electrical Company Inc., I issued in such capacity the
Charge Invoice No. 7095 dated 06 July 2009 to the
Manila Electric Company;

2. However, the first digit in the serial number of the said Charge Invoice, which was number
seven (7), appeared to be unclear and thus unreadable;

3. To remedy the problem, i caused the superimposition of such first digit with no other purpose
than to make it clear to the person/s concerned or in whose favour the same was issued;

4. The same was done in good faith and for no other reason than to directly address the problem
and pursuant to the purpose stated in the immediately preceding paragraph.

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5. I therefore have executed this Affidavit to attest to the truth I mentioned herein and for
whatever legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of January 2014 in Imus
City, Cavite, Philippines.

SASHA GREY
Affiant

SUBCRIBED AND SWORN TO before me this 30th day of January 2014 in Imus City, Cavite,
Philippines, affiant exhibiting to me her Philippine Passport No. 123456 issued in Manila on January
12, 2014 and valid until January 13, 2018.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.13: AFFIDAVIT OF AGGREGATE LAND HOLDINGS REPUBLIC OF THE

PHILIPPINES)

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CITY OF ILOILO ) S.S.

AFFIDAVIT OF AGGREGATE LANDHOLDINGS

I, NANA OGUYA, of legal age, Filipina, married and a resident of Balabago, Jaro, Iloilo
City, after having been duly sworn to in accordance with law, depose and state:

1. That I am the VENDEE of a parcel of land located at Brgy. Fooday,

Miag-ao, Iloilo with an area of TWENTY THOUSAND TWO
HUNDRED (20,200) square meters, more or less, covered by Original
Certificate of Title No. 54321;

2. That aside from the above-mentioned parcel of land, I do not own any agricultural land in
Miag-ao, Iloilo or anywhere in the Philippines;

3. That I am executing this affidavit to attest to the truth of the foregoing facts and for
whatever legal intents and purposes that it may legally serve;

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of January 2014 in
Iloilo City, Metro Manila, Philippines.

NANA OGUYA
Affiant
Voter's ID No. 5555

SUBCRIBED AND SWORN TO before me this 27th day of

January 2014 in Iloilo City, Philippines, affiant exhibiting to me his valid proof of
identification.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

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FORM NO.14: AFFIDAVIT OF CONSENT AND SUPPORT Republic of the Philippines)

) s.s.

AFFIDAVIT OF CONSENT AND SUPPORT

I, RAPHAEL ENRIQUE V. CORONADO, of legal age, Filipino, married to Ellen A. Adarna,

and presently residing at Blk. 5, Lt. 20, Narra Homes, Imus City, Cavite, after being duly sworn to in
accordance with law do hereby depose and say:

1) That I am the father of minor children MARIO MAURER CORONADO born on December 4,
1996, B. JOHN LLOYD CORONADO, born on 09 February 1998, and C.
KATHRINE BERNARDO
CORONADO, born on 28 September 1999;

2) That I am giving my consent for my children to travel abroad to be accompanied by my wife,

Ellen A. Adarna;

3) That my wife and I are sponsoring their trip and financially capable to support their stay abroad;

5) That I guarantee that they will not violate any existing laws of their country of destination
(FRANCE) and

6) That I am executing this affidavit in connection with my children application for a passport at the
Department of Foreign Affairs and/or travel clearance from the Department of Social Welfare and
Development for their travel abroad.

IN WITNESS HEREOF, I hereunto set my signature at the ___________________, this

______ day of__________________.

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RAPHAEL ENRIQUE V. CORONADO

Affiant
(Father)
________________________
________________________
________________________

BEFORE ME, appears the person of Raphael Enrique V. Coronado presenting the above
Affidavit, who is personally known to me or identified by me through competent evidence of identity
as defined by the Notarial Rules as the person who signs the document and in my presence taken an
oath or affirmation before me as to such document.

WITNESS MY HAND AND SEAL this ______ day of

________________ in ______________________.

Doc. No. ____;

Page No. ____; Book No. ___; Series of
2013.

FORM NO.15: AFFIDAVIT OF PARENTAL CONSENT TO

MARRIAGE

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

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AFFIDAVIT OF PARENTAL CONSENT TO MARRIAGE

WE, SASHA GREY and RON JEREMY, both of legal age,

Filipinos, husband and wife, respectively, and presently residing at Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and
state:

1. I am/we are the parents of Rocco Siffredi born in born on 18 October

1998 in Grace Park, Caloocan City

2. My/Our child is intending to contract marriage with Nana Oguya in

Meycauayan, Bulacan;

3. I we are giving our consent to our child, Rocco Siffredi, marrying said Nana Oguya;

4. We are executing this Affidavit for the purpose of informing the authorities concerned of
the veracity of the foregoing facts and for whatever legal purposes it may serve.

IN WITNESS WHEREOF, we have hereunto set our hands this 27 th day of January, 2014 in
Imus City, Cavite, Philippines.

SASHA GREY
Affiant (Mother)

RON JEREMY
Affiant (Father)

SUBCRIBED AND SWORN TO before me this 30th day of January 2014 in Imus City, Cavite,
Philippines, affiant exhibiting to me her Philippine Passport No. 123456 issued in Manila on January
12, 2014 and valid until January 13, 2018.

Doc. No. _____;

Page
No.
_____;
Book No. _____; Series of 2014.

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FORM NO.16: AFFIDAVIT OF NO KNOWLEDGE

REPUBLIC OF THE PHILIPPINES)

IMUS CITY, CAVITE ) S.S

AFFIDAVIT OF NO KNOWLEDGE

(CIRCUMSTANCES REGARDING PLACE AND LOCATION OF GRANDPARENTS’

MARRIAGE)

I, SASHA GREY of legal age, Filipino with blk. 12 lt.1, Talisay St., Ibarra Homes Subdivision,
Kalayaan Uno, Imus City, Cavite, 4103, after having been duly sworn to in accordance with law, do
hereby
depose and say:

1. That I am the only child of FIFTY and SHADES GREY, both now deceased.

2. I am currently requesting for the late registration of the Birth Certificate of FIFTY GREY,
whose maiden name was FIFTY CENTS, who is the daughter of One and Two Cents, in the
Civil Registrar Office in Imus City, Cavite.

3. That we are causing its registration for the reason that I am in the process of claiming my
mother’s survivorship claims in GSIS.

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4. That one of the requirements for the said late registration is the determination of the location
and date of my maternal grandparents, which unfortunately cannot be retrieved anymore
because the marriage certificate of my maternal grandparents got lost.

5. That I have no knowledge of any circumstances regarding the marriage of my maternal

grandparents, as they died when I was still young, and thus had no clear recollection of them.

6. That I am executing this affidavit to attest the truth of the foregoing facts and for whatever
legal purpose it may serve.

AFFIANTS FURTHER SAYETH NOT.

IN WITNESS WHEREOF, we have hereunto set our hands this 6 th day of January 2014 at
Imus City, Cavite.

SASHA GREY
Affiant
Employment SRUDC ID no. 113- 2014

BEFORE ME, appears the person of:

SASHA GREY

presenting the above JOINT AFFIDAVIT OF NO KNOWLEDGE, who are personally known to me or
identified by me through competent evidence of identity as defined by the Notarial Rules as the
persons who sign the document and in my presence taken an oath or affirmation before me as to such
document.

SUBSCRIBED AND SWORN to before me this 6th day of January 2014 at Imus City, Cavite.

Doc. No. ______;

Page No. ______;
Book No. ______; Series of 2014.

FORM NO.17: AFFIDAVIT OF NATURALIZATION

REPUBLIC OF THE PHILIPPINES)

CITY OF BACOOR ) S.S.

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AFFIDAVIT OF NATURALIZATION

I, JAMAICA MAY DELA CRUZ, Filipino, of legal age, single, residing at 194 Salinas, City
of Bacoor, Cavite, after being sworn to in accordance with law, deposes and say:

1. That I am the vendee in the sale of the above-described private agricultural land;

2. That I am naturalized citizen of the Philippines by virtue of a final decision of the RTC
Imus Branch on February, 25 1990 ;

3. that a certified copy of my certificate of naturalization is hereto attached as Annex “A”;

4. That I am qualified to acquire and hold public and private lands in the Philippines.

5. That I am executing this affidavit in all good faith and to attest the truth of the foregoing
facts.

IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of January, 2014, in the
City of Bacoor, Cavite Philippines

JAMAICA MAY DE LA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 18th day of January, 2014, in the City of
Bacoor, Cavite Philippines, affiant having exhibited to me his License No. 3790682 issued
until July 29, 2016.

Doc. No. : ________; Page No. : ________;

Book No. : ________; Series of 2014.

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FORM NO.18: AFFIVIT OF LOSS

REPUBLIC OF THE PHILIPPINES)

) S.S.

AFFIDAVIT OF LOSS

I, ELLEN A. ADARNA, of Legal Age, Filipino, Married, born on with residential address at
316 Palin St., Block 27, Lot 77, Ai- Ai, General Tinio, GMA, Cavite, subscribing under oath, hereby
depose and state:

1. That I am the holder of a valid Philippine Passport issued by the Department of Foreign
Affairs;

2. That last December 23, 2012, I placed the aforesaid passport inside my bag while I am at
the Central, Commonwealth, Quezon City;

3. That when I looked for the passport inside my bag, I could no longer locate it;

4. That my said passport could not be found notwithstanding diligent efforts to locate the
same and is now considered lost for all legal intents and purposes;

5. That I certify this oath to report the loss of my Philippine Passport issued by the
Department of Foreign to avoid the said missing passport from being used for illegal purposes by other
persons;

6. That I execute this affidavit to attest to the truth of all the foregoing facts and for securing
a new Philippine passport. Affiant further says none.

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ELLEN A. ADARNA

Affiant

________________________________________

________________________________________

BEFORE ME, appears the person of ELLEN A. ADARNA presenting the above Affidavit,
who is personally known to me or identified by me through competent evidence of identity as defined
by the Notarial Rules as the person who signs the document and in my presence taken an oath or
affirmation before me as to such document.

WITNESS MY HAND AND SEAL this 8th day of January, 2014 in

Imus City, Cavite

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2014.

FORM NO.19: AFFIDAVIT OF INSURANCE CLAIMS

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF INSURANCE CLAIMS

I,
SASHA GREY, of legal age, Filipino, married, and presently residing at Blk 55, Lot 66, Ibarra Homes,
Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and state:

1. I am the owner of a certain registered motor vehicle, which I inherited from my deceased
father through intestate succession, with the particular description as follows, to wit:

MAKE: Honda
BODY: Sedan
SERIES: Civic
MODEL: 1998
PLATE NO.: UTS 101
Serial/Chassis No.: US15- 2B3509
MV FILE No.: 2477- 33438

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2. On 03 October 2013 at 2 oçlock in the afternoon, the said motor vehicle met an accident.

3. This had happened while i was parking in front of a hardware store between the two motor
vehicles, at the left side was an elf van, and while at the right was a car. At that time, I was
carefully looking at the
car on my right, that I did not notice the elf van in the parking area.
When I made a reverse turn, i hit the elf by my tail light and bumper

4. It is for that reason that i am executing this affidavit to file a claim for insurance.

5. I therefore have executed this Affidavit to attest the truth I mentioned herein and for whatever
legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 30 th day of January 2014 in Imus
City, Cavite, Philippines.

SASHA GREY
Affiant
Philippine Passport No. 123456 valid until January 13, 2018

SUBCRIBED AND SWORN TO before me this 30th day of January 2014 in Imus City, Cavite,
Philippines, affiant exhibiting to me her competent evidence of identity indicated below his above-
stated name.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.20: AFFIDAVIT OF INCOME

REPUBLIC OF THE PHILIPPINES)

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CITY OF IMUS ) S.S.

AFFIDAVIT OF INCOME

I, SASHA GREY, of legal age, Filipino, respectively, and presently residing at Blk 55, Lot 66,
Ibarra Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law,
depose and state:

6. I have been engaged in the business of selling merchandise.

7. The business is now firmly established ever since I have started it a couple of years ago.

8. Having been engaged in this business for a long time, I already have been earning income
in the amount of approximately THIRTY THOUSAND PESOS (PHP 30,000.00) a month.

9. I therefore have executed this Affidavit to attest to the truth I mentioned herein and for
whatever legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd day of February 2014
in Imus City, Cavite, Philippines.

SASHA GREY
Affiant
Voter's ID No. 5555

SUBCRIBED AND SWORN TO before me this 3rd day of February 2014 in Imus City,
Cavite, Philippines, affiant exhibiting to me her valid proof of identification.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.21: AFFIDAVIT OF ILLEGITIMACY

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF ILLEGITIMACY

I, SASHA GREY, of legal age, Filipino, single and a resident of Blk 55, Lot 66, Ibarra
Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and
state:

1. That I am a the mother of Rocco Siffredi who was born in Davao City on October 5, 2006
as evidenced by the attached Birth Certificate issued by the local civil registrar of Davao City;

2. That my son Rocco Siffredi was born out of wedlock;

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3. That I am not legally married to his father who I no longer have any contact with;

4. That I am executing this affidavit to attest to the above facts and to confirm the
illegitimate status of my child;

5. That I am further executing this affidavit to comply with the regulations of the Philippine
authorities in connection with his travel to Japan and for all legal purposes and intents
beneficial to my child.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of January 2014
in Imus City, Cavite, Philippines.

SASHA GREY
Affiant
Voter's ID No. 5555

SUBCRIBED AND SWORN TO before me this 27th day of January 2014 in Imus City,
Cavite, Philippines, affiant exhibiting to me her valid proof of identification.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

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FORM NO.21: AFFIDAVIT OF IDENTITY

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF IDENTITY

I, SASHA GREY, Filipino, of legal age, single/married to RON JEREMY, and a resident of Blk 55,
Lot 66, Ibarra Homes, Tulingan, Cavite, after having been duly sworn in accordance with law, hereby
depose and say:

1. That VHONGH NAVARRO and BONG NABARO are one and the same person.

2. That I executed this Affidavit of Identity for the purpose of attesting to the truth of all the
foregoing statements and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27 th day of January 2014 in
Imus City, Cavite, Philippines.

SASHA GREY
AFFIANT

SU
BCRI
BED AND SWORN TO before me this 27th day of January 2014 in Imus City, Cavite, Philippines,
affiant exhibiting to me his Philippine Passport No. 123456 issued in Manila on January 12, 2014 and
valid until January 13, 2018.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.22: AFFIDAVIT OF DESISTANCE

Republic of the Philippines

Fourth Judicial Region REGIONAL TRIAL COURT

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 PHILIPPINE LEGAL FORMS 2015

Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft
JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
AFFIDAVIT OF DESISTANCE

I, OG SABADO, of legal age, Filipino with postal address at c/o Imelda Bautista 448- C, YOLO
Street, Pinasgsukuan, Pasay City, after having duly sworn to in accordance with law, hereby depose
and state:

1.That I am the private complainant of the above-entitled criminal complaint that is now pending at
Branch 21, Imus City, Cavite;

2.That after having thoroughly considered the facts and circumstances surrounding the case, I
realized that the case filed against the respondents was merely on account of misunderstanding and
misapprehension of the facts and I am requesting for the dismissal of the case against him;

3.That for the record, I am no longer interested in prosecuting this case and will further desisting
there from;

4.I am executing this Affidavit of Desistance without Force, Intimidation, Undue Influence of threats
exerted upon me and to the best of my knowledge and ability, and realizes that once the charge is
dismissed, the same cannot be refilled, reinstate or revived anymore.

5.Further, I executing this Affidavit of Desistance to attest to the truthfulness of all the foregoing
facts and for the purpose of securing a dismissal of the above-entitled criminal complaint against the
respondent.

IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of January, 2014 at Temporary
Village, Imus City.

OGSABADO
Affiant
____________________
_____________________

SWORN ATTESTATION

BEFORE ME, appears the person of OGSABADO presenting the above Affidavit of Desistance, who
is personally known to me or identified by me through competent evidence of identity as defined by

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the Notarial Rules as the person who signs the document and in my presence taken an oath or
affirmation before me as to such document.

WITNESS MY HAND AND SEAL this 9th day of January 2014 in

Imus City.

Doc. No. ____;

Page No. ____;
Book No. ____; Series of 2014.

FORM NO.23: AFFIDAVIT OF DECLARATION OF OWNERSHIP

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF DECLARATION OF OWNERSHIP

I, SASHA GREY, of legal age, Filipino, single, Manager of Rubinzons Corporation, after having
been duly sworn to in accordance with law, depose and state:

1. That said Corporation is the owner of certain parcel of land, more particularly described as
follows:

TCT No. T-2222

A PARCEL OF LAND (Lot 32 of the consolidationsubdivision plan (LRC)

Pcs-5141, being a portion of the consolidation of Lots 1 and 2, Psu-112287
Amd., LRC (GLRO) Rec. No. N-17511), situated in the Dist.
Of Concepcion, City of Sta. Rosa, Laguna, Island of
Luzon. Bounded on the NE., points 3 to 6, by Lot 85;
on the S., points 6 to 1 by Lot 30; on the SW., points 1 to 2, by Lot 31; and on
the N., points 2 to 3 by Lot 35, all of the consolidation-subdivision plan.
Beginning at a pont marked "1" on plan, being N. 51 deg. 36' E.,
1321.76 m. from B.L.L.M. No.1, Sta. Rosa, Laguna

2. That the said aforementioned Transfer Certificate of Title over said property includes and
contains all the permanent improvements and buildings located and situated thereon;

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3. That I execute this Affidavit to attest and declare the truth of the foregoing facts and for
whatever legal purposes that this Affidavit may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of January 2014 in Imus
City, Cavite, Philippines.

SASHA GREY
Affiant

SUBCRIBED AND SWORN TO before me this 27th day of January 2014 in Imus City, Cavite,
Philippines, affiant exhibiting to me his Philippine Passport No. 123456 issued in Manila on January
12, 2014 and valid until January 13, 2018.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.24: AFFIDAVIT OF CONSOLIDATION OF OWNERSHIP

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF CONSOLIDATION OF OWNERSHIP

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I, SASHA GREY, of legal age, Filipino, single and a resident of Blk 55, Lot 66, Ibarra Homes,
Tulingan, Cavite, after having been duly sworn to in accordance with law, depose and state:

1. That in the public auction conducted by the City Sheriff of Makati City on September 3, 2012
pursuant to the provisions of Act No. 3135 as amended, the undersigned affiant became the purchaser
of a certain foreclosed property with all its improvements, more particularly described as follows:

TCT No. T-2222

A PARCEL OF LAND (Lot 32 of the consolidation-subdivision plan (LRC) Pcs-5141,

being a portion of the consolidation of Lots 1 and 2, Psu-112287 Amd., LRC (GLRO)
Rec. No. N17511), situated in the Dist. Of Concepcion, City of Sta. Rosa, Laguna,
Island of Luzon. Bounded on the NE., points 3 to 6, by Lot 85; on the S., points 6 to 1
by Lot 30; on the SW., points 1 to 2, by Lot 31; and on the N., points 2 to 3 by Lot 35,
all of the consolidation-subdivision plan. Beginning at a pont marked "1" on plan,
being N. 51 deg. 36' E., 1321.76 m. from B.L.L.M. No.1, Sta. Rosa, Laguna

2. That the said Sheriff sold the above-described property with all the improvements and buildings
thereon to the undersigned affiant as the highest bidder for the sum of ONE MILLION PESOS
(P1,000,000.00), Philippine
Currency;

3. That That a Certificate of Sale at Public Auction was issued by the said Sheriff in favor of the
undersigned affiant and the same was duly registered with the Office of the Registry of Deeds of
Makati City on September 14, 2012 as Entry No. 123 on the aforementioned title;

4. That a Certificate of Sale at Public Auction was issued by the said Sheriff in favor of the
undersigned affiant is proper and in accordance with law.

WHEREFORE, by failure of the Mortgagor to redeem the said property, I am executing this
Affidavit for the purpose of consolidating title and ownership of the above-described property with all
the improvements and buildings thereon, as provided for by law, and I am requesting the Office of the
Registry of Deeds to register the same and issue a new title in the name of the undersigned affiant.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of January 2014, in Imus City,
Cavite, Philippines.

SASHA GREY
Affiant

SUBCRIBED AND SWORN TO before me this 27th day of January 2014, in Imus City, Cavite,
Philippines, affiant exhibiting to me her Philippine Passport No. 123456 issued in Manila on January
12, 2014 and valid until January 12, 2017.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

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FORM NO.25: AFFIDAVIT FOR PRELIMINARY ATTACHMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF BACOOR ) S.S.

AFFIDAVIT FOR PRELIMINARY ATTACHMENT

I, JAMAICA MAY DELA CRUZ, Filipino, of legal age, single, residing at 194 Salinas, City of
Bacoor, Cavite, after being sworn to in accordance with law, deposes and say:

1. That I am the plaintiff above-entitled case;

2. That a sufficient cause of actions exists against the defendant named therein;

3. That this action is one of those specifically mentioned in Sec. 1 of Rule 57 of the Rules of Court,
whereby a writ of preliminary attachment may lawfully issue, namely:

“ in an action against a party who has removed or deposed of

his property, or is about to do so, with intent to defraud his creditors;”

4. That there is no sufficient security for the claim sought to be enforced by the present action;

5. That the amount due to the plaintiff in the above-entitled case is as much as the sum for which an
order of attachment is proper.

IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of

January, 2014, in the City of Bacoor, Cavite Philippines

JAMAICA MAY DE LA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 18th day of January, 2014, in the City of Bacoor,
Cavite Philippines, affiant having exhibited to me his License No. 3790682 issued until July 29, 2016.

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Doc. No. : ________; Page No. : ________;

Book No. : ________; Series of 2014.

FORM NO.26: AFFIDAVIT OF UNDERTAKING

REPUBLIC OF THE PHILIPPINES)

) S.S

AFFIDAVIT OF UNDERTAKING

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I, RAPHAEL ENIRQUE V. CORONADO, of legal age, Filipino, married, with residence at

Blk. 5, Lot 20, Narra Homes, Imus City, Cavite after having been duly sworn to in accordance with
law, do hereby depose and say:

7. That I am presently assigned by our Horsepower Agency in VELTLOG Realty

Corporation as Floor Manager.

8. That the said assignment commenced on January 3, 2014.

9. That upon my resignation, or separation from employment from our agency, I undertake
not to secure an employment to any realty corporation which is a direct or indirect competitor of
VELTLOG.

10. That I also undertake not to reveal any company secret or any knowledge or information
which I obtained directly or indirectly from VELTLOG in the course of my assignment as Floor
Manager.

11. That in case of breach of this Undertaking, I, willingly and voluntarily without fear or
intimidation employed by VELTLOG to indemnify the latter for all damages and losses that might
result from my disclosure of any company secrets or information which are prejudicial to VELTLOG.

12. That we are executing this affidavit to attest the truth of the foregoing facts.

IN WITNESS WHEREOF, we have hereunto set our hands and affix our signatures on this 8 th
day of January, 2014, in Imus City, Cavite.

RAPHAEL ENRIQUE V. CORONADO

Affiant
______________________
______________________

______________________

BEFORE ME, appear the person of RAPHAEL ENRIQUE V.

CORONADO presenting the above Affidavit, who are personally known to me or identified by me
through competent evidence of identity as defined by the Notarial Rules as the persons who sign the
document and in my presence taken an oath or affirmation before me as to such document.

WITNESS MY HAND AND SEAL this 8TH day of January 2014 in

Imus City, Cavite.

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Doc. No. ____;

Page No. ____;
Book No. ____; Series of 2014.

FORM NO.27: JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS

REPUBLIC OF THE PHILIPPINES)

IMUS CITY, CAVITE ) S.S

JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS

We, FIFTY CENTS GREY and SHADES O. GREY, both of legal age, Filipinos and residents
of Block 5 Lot 2 Phase 4, Perla Street, Kalayaan Cinco, Immortal Village Village 8, Imus City, after
having been duly sworn to in accordance with law, do hereby depose and say:

1. That we personally know JOLINA MAGDANGAL and SHAINA MAGDANGAL since their
parents, PEDRO V. MAGDANGAL and
JOYCE Q. MAGDANGAL are neighbors and close friends of ours;

2. That we are fully cognizant of the fact that SPOUSES PEDRO V. MAGDANGAL and JOYCE
Q. MAGDANGAL got married in
Malabon City, Metro Manila sometime in April 20, 1993. Photocopy of the marriage contract
is hereto attached as Annex “A”;

3. That the above-named persons are known in our barangay;

4. That the date of marriage appearing in the certificates of live birth of JOLINA MAGDANGAL
and SHAINA MAGDANGAL, August 16,
1981 and August 16, 1980, respectively, was erroneously written.

Photocopies of the certificates of live birth are hereto attached as Annexes “B” and “C”;

5. That the true and correct date of marriage of SPOUSES PEDRO V.

MAGDANGAL and JOYCE Q. MAGDANGAL is March 19, 1992;

6. That we come to know the abovementioned facts because we are good friends of the above-
mentioned couple, living in the same neighborhood and close friends of their family;

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7. That we are not in anyway related to the above mentioned person nor do we have pecuniary
interest in this matter whatsoever;

8. That we are executing this affidavit to attest the truth of the foregoing facts and for whatever
legal purpose it may serve.

AFFIANTS FURTHER SAYETH NOT.

IN WITNESS WHEREOF, we have hereunto set our hands this 4 th day of January 2014 at
Imus City, Cavite.

FIFTY CENTS GREY SHADES O. GREY

Affiant Affiant
Senior Citizens ID Senior Citizens ID
with no. 114150 with no. 18820

BEFORE ME, appear the persons of:

FIFTY CENTS GREY SHADES O. GREY

presenting the above JOINT AFFIDAVIT OF TWO (2) DISINTERESTED PERSONS, who are
personally known to me or identified by me through competent evidence of identity as defined by the
Notarial Rules as the persons who sign the document and in my presence taken an oath or affirmation
before me as to such document.

SUBSCRIBED AND SWORN to before me 4th day of January 2014 at Imus City, Cavite.

Doc. No. ______;

Page No. ______; Book No. ______; Series of
2014.

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FORM 28: AFFIDAVIT OF SINGLE STATUS

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF SINGLE STATUS

I, SASHA GREY, of legal age, Filipino, respectively, and presently residing at Blk 55, Lot 66,
Ibarra Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law,
depose and state:

1. THAT I have never contracted any marriage in the Philippines or elsewhere and I remain
SINGLE to this very day and hour;

2. THAT there is no legal impediment for me to contract marriage under the Philippine
Laws;

3. THAT I am executing this Affidavit for the purpose of complying with the requirements
relating to my forthcoming marriage to RON
JEREMY in Caloocan City;

4. THAT I declare that the statements made in this affidavit are true and correct and I am
willing to bear all the legal responsibilities arising therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of January 2014
in Imus City, Cavite, Philippines.

SASHA GREY
Affiant
Voter's ID No. 5555

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SUBCRIBED AND SWORN TO before me this 27th day of January 2014 in Imus City,
Cavite, Philippines, affiant exhibiting to me her valid proof of identification.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.29: AFFIDAVIT OF SERVICE

REPUBLIC OF THE PHILIPPINES)

) S.S.
AFFIDAVIT OF SERVICE

I, ELLEN A. ADARNA, of legal age, with residential address at 316 Palin St., Block 27, Lot 77, Ai-
Ai, General Tinio, GMA, Cavite, after being sworn in accordance with law depose and state:

That I am the wife of RAPHAEL ENRIQUE V. CORONADO.

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That on 26 July 2013, Rica Kaye O. Lomibao, President of XHamsters Corporation, personally went to
the business office of my husband to talk with him and settle her financial obligations.

As my husband was not around during that time, I personally handed to Rica Kaye O. Lomibao a
demand letter dated sometime in the month of June 2012 as per my husband’s instruction.

However, Rica Kaye O. Lomibao refused to receive the demand letter and told me instead that she will
just talk and settle her obligation to my husband personally.

That I am executing this affidavit in all good faith and to attest the truth of the foregoing facts.

AFFIANT FURTHER SAYETH NONE.

ELLEN A. ADARNA
Affiant
____________________
____________________

BEFORE ME, appears the person of ELLEN A. ADARNA presenting the above Affidavit of Service,
who is personally known to me or identified by me through competent evidence of identity as defined
by the Notarial Rules as the person who signs the document and in my presence taken an oath or
affirmation before me as to such document.

WITNESS MY HAND AND SEAL this _____ day of August 2014 in ___________________.

Doc. No. ____;

Page No. ____;
Book No. ____; Series of 2014.

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FORM NO.30: AFFIDAVIT OF SELF- ADJUDICATION

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT OF SELF- ADJUDICATION

I, SASHA GREY, of legal age, Filipino, respectively, and presently residing at Blk 55, Lot 66,
Ibarra Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law,
depose and state:

1. I am the sole heir of the late HUGH HEFNER, being his only biological daughter;

2. The late HUGH HEFNER passed away on January 2, 2014, and died without any last will
and testament;

3. At the time of death my father, he had no debts, liabilities or obligations to any persons,
agency or institution;

4. The only property left by my late father is a house and lot, more particularly described as
follow:

TCT No. T-2222

A PARCEL OF LAND (Lot 32 of the consolidationsubdivision plan (LRC) Pcs-

5141, being a portion of the consolidation of Lots 1 and 2, Psu-112287 Amd.,

LRC (GLRO) Rec. No. N-17511), situated in the Dist. Of Concepcion, City of Sta.
Rosa, Laguna, Island of Luzon. Bounded on the NE., points 3 to 6, by Lot 85; on
the S., points 6 to 1 by Lot 30; on the SW., points 1 to 2, by Lot 31; and on the N.,
points 2 to 3 by Lot 35, all of the consolidation-subdivision plan. Beginning at a
pont marked "1" on plan, being N. 51 deg. 36' E., 1321.76 m.
from B.L.L.M. No.1, Sta. Rosa, Laguna

5. As sole heir of the herein decedent, I hereby adjudicate the abovementioned property
solely for and in my name as well as any and all liabilities arising from the said property;

6. I hereby execute this affidavit for the purpose of processing the transfer of the said
property in my name, the settlement of the estate of the late HUGH HEFNER, as well as for

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the release of any other claim or benefit in relation to his death before any government/private
office and banking institution and for any other legal purpose this may best serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of January 2014
in Imus City, Cavite, Philippines.

SASHA GREY
Affiant
Voter's ID No. 5555

SUBCRIBED AND SWORN TO before me this 27th day of

January 2014 in Imus City, Cavite, Philippines, affiant exhibiting to me her valid proof of
identification.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2014.

FORM NO.31: AFFIDAVIT OF PUBLICATION

REPUBLIC OF THE PHILIPPINES)

) S.S.

AFFIDAVIT OF PUBLICATION

I, DIANA ZUBIRI, of legal age, Filipino, single, born on with business address at 567 Ogbaog
Street, General Rojopotsu Avenue, Cavite City, Cavite, after being duly sworn in accordance with law,
hereby depose and state:

5. That I am the Advertising Director of BDSM Inc. that publishes Tiktik Magazine, a newspaper
of general circulation in the Philippines, printed and published in Port Area, Quezon City;

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6. That a NOTICE OF PUBLICATION- ORDER AND SUMMONS (by publication) Raphael

Enrique V. Coronado, petitioner, -versus- Ellen A. Adarna, respondent, Civil Case no. C-QTZ-
24-25285-D for: Declaration of Nullity of Marriage, RTC, National Capital Judicial Region,
Branch 113, Pasay City.

A printed copy of which is hereto attached, was published in the said newspaper on July 26 and August
09, 2013.

AFFIANT FURTHER SAYETH NAUGHT.

DIANA ZUBIRI

Affiant

________________________________________

________________________________________

BEFORE ME, appears the person of DIANA ZUBIRI presenting the above Affidavit, who is
personally known to me or identified by me through competent evidence of identity as defined by the
Notarial Rules as the person who signs the document and in my presence taken an oath or affirmation
before me as to such document.

WITNESS MY HAND AND SEAL this 8th day of January, 2014 in

Imus City, Cavite

Doc. No. ____;

Page No. ____;
Book No. ____; Series of 2014.

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FORM NO.32: AFFIDAVIT TO USE THE SURNAME OF THE

FATHER/ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF IMUS ) S.S.

AFFIDAVIT TO USE THE SURNAME OF THE

FATHER/ACKNOWLEDGMENT

I, SASHA GREY, of legal age, Filipino, respectively, and presently residing at Blk 55, Lot 66,
Ibarra Homes, Tulingan, Cavite, after having been duly sworn to in accordance with law,
depose and state:

1. That I am the biological mother of ROCCO SIFFREDI.

2. That the biological father of the child is RON JEREMY.

3. That my child ROCCO SIFFREDI was born on 18 October 1998 in

Grace Park, Caloocan City;

4. That the facts of birth of my child were duly registered at the Office of the Caloocan City
Civil Registrar.

5. That I, RON JEREMY being the father of ROCCO SIFFREDI, hereby acknowledged and
recognized him as my child and legal heir.

6. That I am allowing my child ROCCO SIFFREDI to use my surname JEREMY to be his

surname in his Certificate of Live Birth.

7. That I execute this affidavit to attest to the truth of the above facts in compliance with the
provisions of Republic Act No. 9255.

IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd day of February 2014
in Imus City, Cavite, Philippines.

SASHA GREY
Affiant
Voter's ID No. 5555

SUBCRIBED AND SWORN TO before me this 3rd day of February 2014 in Imus City,
Cavite, Philippines, affiant exhibiting to me her valid proof of identification.

Doc. No. _____;

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Page No. _____;

Book No. _____; Series of 2014.

CORPORATION FORMS

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FORM NO.1: AFFIDAVIT OF NON-OPERATION

REPUBLIC OF THE PHILIPPINES ) City/Municipality of_________ ) S.S.

x----------------------------------------x

AFFIDAVIT OF NON-OPERATION

I, the undersigned Corporate Secretary of _____________________ Corporation, a domestic

corporation duly organized and existing by virtue of the laws of the Republic of the Philippines, with
principal office at ___________________, Philippines, DO HEREBY CERTIFY:

1. That after its incorporation in ____________, the aforesaid corporation has not yet started
its operation nor commenced the transaction of its business until the present date;
2. As such, I am executing this affidavit to attest to the truth of the foregoing.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ in ___________,

Philippines.

CORPORATE SECRETARY

(JURAT)

FORM NO.2: NOTICE OF CALL

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_____________________________
(Name of Corporation)

NOTICE OF CALL

Notice is hereby given that at a meeting of the board of directors of the _____________ held on
________, 2____, unpaid subscriptions to the capital stock of the corporation (or the percentage
thereof declared due) were declared due and payable to the principal office of the corporation at
___________________ on ________________, 2________.

All stock upon which the subscription, with interest accrued, has not been paid on
________________, 2____, will be delinquent and advertised for sale at public auction, and unless
payment of the subscription, with interests and costs accrued, is made before sale of the stock, same
will be sold on ___________________, 2_____ to pay the amount of the subscription and accrued
interest together with the costs of advertising and expenses of sale.

________________________, 2_____.

_______________________

(Secretary)

FORM NO.3: NOTICE OF PRE-EMPTIVE RIGHTS

Date: __________________

TO: __________________

__________________

NOTICE OF PRE-EMPTIVE RIGHTS

Dear Valued Stockholder:

Please be informed that in connection with the application of the corporation to amend its Articles of
Incorporation increasing its authorized capital stock from ___________________ PESOS to
_______________ PESOS – common shares (which amendment was approved by the stockholders
representing more than 2/3 of the outstanding capital stock at the annual stockholders’ meeting and
unanimously approved by the Board of Directors in the Board meeting, both held _______________),
you may now exercise your pre-emptive rights to subscribe to the increase in the authorized capital
stock in proportion to your present shareholding.

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Considering that the corporation needs to process the increase as soon as possible in line with its
expansion programs for this year, you are hereby given (10) days from receipt of this NOTICE within
which to exercise your pre-emptive rights, otherwise you will be deemed to have waived the same.

___________________, Philippines.

Very Truly Yours, Corporate Secretary

Noted by:

President

FORM NO.4: PROXY TO VOTE IN STOCKHOLDERS MEETING PROXY TO VOTE IN

STOCKHOLDERS MEETING

KNOW ALL MEN BY THESE PRESENTS:

That I, _____________________, Filipino, of legal age,

(single/married/widow), and a resident of __________________, Philippines, do hereby constitute and
appoint Name of Proxy, who is also of legal age, Filipino, (single/married/widow), and a resident of
_____________,
Philippines, to represent me and vote the ________________________
(_________) shares of the capital stock appearing in my name at the Annual Stockholders Meeting of
Name of Corporation, to be held on _________________.

IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ______, 2____, at the City
of _______________, Philippines.

STOCKHOLDER

Accepted by:

PROXY

SIGNED IN THE PRESENCE OF:

_____________________ ______________________

ACKNOWLEDGMENT

FORM NO.5: RESOLUTION DECLARING CASH DIVIDEND RESOLUTION DECLARING

CASH DIVIDEND

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of

___________________________

(Name of Corporation)

RESOLVED, that cash dividend of ___________________________ percent is hereby declared,

payable on ___________________, 2 ________, to stockholders of record at the close of business on
_____________________, 2 _______.

Approved this __________ day of ___________, 2 ______.

(Sgd.) _______________________ (Directors)

Countersigned:

______________________

(Secretary)

FORM NO.6: UNDERTAKING TO CHANGE CORPORATE NAME UNDERTAKING TO

CHANGE CORPORATE NAME

Date________________

The Honorable Commissioner

Securities and Exchange Commission

SEC Building, EDSA

Greenhills, Mandaluyong

Metro Manila

Sir:

In connection with the registration of the articles of Incorporation of _______________, the

undersigned representative and on behalf of the organizers thereof, hereby manifest our willing-ness to
change its corporate name in the event that another person, firm or entity has acquired a prior right to
the use of the said firm name or one deceptively or confusingly similar to it.

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Very truly yours,

Corporate Legal Counsel

FORM NO.7: WAIVER OF PRE-EMPTIVE RIGHTS

WAIVER OF PRE-EMPTIVE RIGHTS

I, the undersigned stockholder of Name of Corporation, do hereby waive my pre-emptive

rights to subscribe to the increase in the authorized capital stock of the said corporation
_________________________ (P___________) Pesos to ____________________ (P____________)
Pesos.

_________________, Philippines. __________ day of __________, 20___.

STOCKHOLDER

FORM NO.8: WAIVER TO SUBSCRIBE TO NEW STOCK

WAIVER TO SUBSCRIBE TO NEW STOCK

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WE, the undersigned stockholders of ___________________ hereby declare:

That on ______________________, 2 _______, the capital stock of

_________________ had been duly increased from __________________ to __________________;
that under the law by reason of such increase, we have a right to subscribe to the new stock to be
issued by the Corporation in proportion to the number of shares owned and held by us in said
Corporation; that we, individually, hereby voluntarily renounce and waive our right to exercise our
right of pre-emption to subscribe to the new stock by reason of said increase.

Signed on this _____________ day of____________________, 20_____.

(Sgd.) ___________________________

(Stockholders)

FORM NO.9: TREASURER’S AFFIDAVIT

Republic of the Philippines ) City of ______ )

S.S.
x--------------------------x

TREASURER’S AFFIDAVIT

I,
__________________, being duly sworn, depose and say:

That I have been elected by the subscribers of the corporation as Treasurer thereof, to act as such
until my successor has been duly elected and qualified in accordance with the by-laws of the
corporation, and that as such Treasurer, I hereby certify under oath that at least 25% of the authorized
capital stock of the corporation has been subscribed and at least 25% of the subscription has been paid,
and received by me in cash for the benefit and credit of the corporation.

This is also to authorize the Securities and Exchange Commission and Bangko ng Pilipinas to
examine and verify the deposit in the
____________________ in my name as treasurer in trust for

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__________________________________ in the amount of ______________________ (P

_________________________) representing the paid-up capital of the corporation which is in the
process of incorporation. This authority is valid and inspection of said deposit may be made even after
the issuance of the Certificate of Incorporation. Should the deposit be transferred to another bank prior
to or after incorporation, this will serve as authority to verify and examine the same. The representative
of the Securities and Exchange Commission is also authorized to examine pertinent books and records
of accounts of the corporation as well as supporting papers to determine the utilization and
disbursement of our Certificate of Incorporation.

In case the said paid up capital is not deposited or withdrawn prior to the approval of the articles
of incorporation, waive our right to a notice and hearing in the revocation of our Certificate of
Incorporation.

_____________________

Treasurer

(JURAT)

FORM NO.10: AFFIDAVIT OF NON-OPERATION

Republic of the Philippines ) City of ______ )

S.S.

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x--------------------------x

AFFIDAVIT OF NON-OPERATION

I, _________________, of legal age, Filipino citizen, and presently residing at

_____________________, after having been duly sworn to in accordance with law, do hereby depose
and say:

1. That I am the (state position in corporation) of (state name of corporation), a corporation duly
organization under the laws of the Philippines with principal office at (state office address).

2. That said corporation was incorporated on (state date of incorporation) with SEC Registration
Number (state SEC registration number).

3. That to date, the corporation has not commenced operations due to (state reason/s for non-
operation).

4. That The stockholders and directors of the corporation intend to commence operations in the
future.

5. That I am executing this affidavit in order to attest to the truth of the foregoing and for the purpose
of complying with the reportorial requirements of the Securities and Exchange Commission.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _______ 2014 at
______________, Philippines.

________________

Affiant

(JURAT)

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FORM NO.11: ARTICLES OF LIMITED PARTNERSHIP

ARTICLES OF PARTNERSHIP
Of
“ _____________ , LTD.”

KNOW ALL MEN BY THESE PRESENTS:

These Articles of Partnership, made and executed by and among:
______________ , general partner, (citizenship), residing at
_______________ ;
______________ , general partner, (citizenship), residing at
_______________ ;
______________ , general partner, (citizenship), residing at
_______________ ;
all of legal age, witnesseth:
1. That the above-named partners have formed a limited partnership among themselves under the

name and style of

_______________________ Ltd. ;
2. That the purposes for which said partnership is formed are:
(state the object or character of the business)
3. That the principal office of the partnership shall be located at _______________ ;
4. That the term of existence of this partnership shall be ______ years from and after the
execution of these articles;
5. That the capital of the partnership shall be __________ PESOS (P_____) contributed by the
partners, as follows, to wit:
___________ (general partner)…………. P ____________;

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___________ (limited partner) …………. P ____________; ___________ (limited partner)

…………. P ____________; thereby making a TOTAL CAPITAL of
………………………………… P ________
6. That _____________________, general partner, is hereby designated the manager of the
partnership , with a monthly salary of __________ PESOS (P________);
7. That the profits and losses shall be apportioned among the partners of the partnership
_________ (state in what proportion they shall share in the profits and in the losses).
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, this
______ day of ____________, 20 ____, in ________________ Philippines.

__________
_________________
_________________
_________________
_________________
(Signature of partners)

_____________________
_____________________

(Witnesses)

REAL ESTATE AND

PERSONAL PROPERTY FORMS

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FORM NO.1: AFFIDAVIT OF CONSOLIDATION OF OWNERSHIP

REPUBLIC OF THE PHILIPPINES)

CITY OF ____ ) S.S.
x-------------------------------------x

AFFIDAVIT OF CONSOLIDATION OF OWNERSHIP

I, ______________, of legal age, Filipino, single and a resident of _____________, after having
been duly sworn to in accordance with law, depose and state:

1. That on__________, ______________, of legal age, Filipino, single, residing at __________ sold to me
a certain parcel of land under pacto de retro, executed before Notarial Public ________ and bearing
Not. Reg. No._, Page _, Book _, Series of ___ of his Notarial Register (copy of the said pacto de retro
sale is hereto attached as ANNEX “A”);

2. That pursuant to the deed of sale

3. with pacto de retro, the said vendor, ________, should have exercised his right to repurchase the said
property within the period of ___;

4. That the period expired on ______ without the said vendor, by himself or by any other person in his
behalf complying with the condition and stipulation required for the repurchase of the said property;

5. That the said period of repurchase has not been extended, either expressly or impliedly, by affiant
vendee a retro;

6. That by virtue of the said deed of sale with pacto de retro, and by the failure of the vendor, _______, to
duly repurchase the property within the period stipulated, there was consolidated in the affiant, as
vendee a retro, the absolute ownership of the said property. Attached hereto, as ANNEX “B,” is
an order of the Regional Trial Court of ______ issued on ______, approving and confirming the above
consolidation of ownership in the name of affiant.

IN WITNESS WHEREOF, I have hereunto set my hand this _th day of ________in
__________.

_____________
Affiant

(JURAT)

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FORM NO.2: DEED OF ABSOLUTE SALE

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

_________________, Filipino citizen, of legal age, married to _________________ and resident of

_______________hereinafter referred to as the SELLER

-AND-

Spouses _______ and _____________, of legal ages, both Filipino and with residence and postal
at ________________ hereinafter referred to as the BUYER.

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located
at ________________________ and covered by Transfer Certificate of Title No.__________ with a
total area of __________square meters more or less and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO.______

(DETAILS OF THE PROPERTY)

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WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above
mentioned property for the amount of Three Million Three
Hundred Thousand Pesos (Php 3,300,000.00) Philippine Currency;

NOW THEREFORE, for and in consideration of the sum of Three Million Three Hundred
Thousand Pesos (Php 3,300,000.00) Philippine
Currency, hand paid by the buyer to the seller, the SELLER DO HEREBY SELL, TRANSFER, and
CONVEY by way of Absolute Sale unto the said BUYER, his heirs and assigns, the certain parcel of
land together with all the improvements found thereon, free from all liens and encumbrances of
whatever nature including real estate taxes as of the date of this sale

_________
Seller

WITH MARITAL CONSENT:

_________
Spouse

SIGNED IN THE PRESENCE OF:

__________________________ ____________________________

ACKNOWLEDGMENT

FORM NO.3: EARNEST MONEY RECEIPT AGREEMENT

EARNEST MONEY RECEIPT AGREEMENT

Received from __________with postal address at ______________, the sum of

________________ covered by ______ dated _____________ representing EARNEST
MONEY for payment of a _____________ Located at __________________________
covered by T.C.T. No.
_____________

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This EARNEST MONEY forms part of the purchase price of _____________. The balance
and full payment shall be paid on or before _____________.

The BUYER hereby reserves the exclusive right to purchase the aforementioned property and
the SELLER cannot offer the aforementioned property to any third party until _____________

Upon full payment, the SELLER shall execute a DEED OF ABSOLUTE SALE in favor of the
BUYER, conveying the subject property with full warranty of a legal and valid title as
provided by law, free and clear from any liens and encumbrances.

Upon execution of the DEED OF ABSOLUTE SALE, the SELLER shall undertake the
payment of the Capital Gains Tax. The BUYER shall shoulder the payment of the
Documentary Stamps Tax, Transfer Tax, Registration Fee and all other expenses to transfer
the title of the property under his name.

In case of voluntary cancellation of this agreement by the BUYER without any cause on the
part of the SELLER or if the BUYER fails to comply with his obligations mentioned, then the
SELLER shall have the right to terminate this agreement in which case the EARNEST
MONEY in the amount of __________________________ shall be forfeited in favor of the
SELLER as liquidated damages.

(DATE)

Signature over Printed Name Signature over Printed Name

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FORM NO.4: OFFER TO PURCHASE

DATE

OFFER TO PURCHASE

____________
____________
____________

Re: (PROPERTY)

Dear______________,

This is to express our firm offer to buy the above stated property through our authorized
brokers, _______, subject to the following terms and conditions:

Purchase Price _________________

Terms and Conditions:

1) Upon acceptance of this offer, earnest money in the amount of __________________
shall be paid and shall be credited as part of the purchase price.
2) The balance, in the amount of ______________shall be paid in full within ___ working
days.
3) The Capital Gains Tax and Broker's commission shall be for the account of the SELLER,
while the Documentary Stamps, Transfer Tax and Registration Fees shall be for the account of
the BUYER.

Note: Revise above conditions / add or delete terms and conditions as applicable to you.

If the above terms and conditions are acceptable to you, please signify your conformity by signing
on the space provided below.

Truly yours,

--------------------------------

Conforme:

--------------------------------

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FORM NO.5: DEED OF SALE OF MOTOR VEHICLE

DEED OF SALE OF MOTOR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:

That I, AAA , of legal age, Filipino, single and a resident of #14 Mount Ville, Muntinlupa City, for and
in consideration of the amount of FOUR HUNDRED THOUSAND (4000, 000.00) PESOS, Philippine
Currency, receipt of which is hereby acknowledged from BBB, of legal age, Filipino, single and a
resident of #16 Lightsaber Ville, Pasay City , do hereby SELL, CEDE, TRANSFER and CONVEY
unto and in favor of BBB his heirs, successors and assigns a motor vehicle particularly described as
follows:

Make and Type : TOYOTA VIOS SEDAN

Motor Number : 900-87654-PP8765
Serial/Chassis No. : YT98-009754-9
Plate No. : ZSX 678
MV FILE NO. : 09978-9977
COLOR : SILVER

Free from liens and encumbrances.

IN
th
WITNESS WHEREOF, I have hereunto set my hand this 4 day of January 2014 at Muntinlupa City,
Philippines.

____________________________
AAA

SIGNED IN THE PRESENCE OF:

______________________ ________________________

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ACKNOWLEDGMENT

FORM NO.6: DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS

DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS

KNOW ALL MEN BY THIS PRESENTS:

This deed made and entered into this 4th day of January, 2014 at the City of Manila, by and
between:

RONALD RAE C. DEL MUNDO, Filipino Citizen, of legal age, married to JESSY
MENDIOLA-DEL MUNDO with residence and postal address at 1234 Oak Lane,
Standard Subdivision, Quezon City, hereinafter referred to as the
"ASSIGNOR"

-and-

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 PHILIPPINE LEGAL FORMS 2015

PAUL JASON C. DOLENDO, Filipino Citizen, of legal age, married to PATRICIA M.

DOLENDO with residence and postal address at 123A Somerville Plaza Tower, 5678
Mahogany Avenue, Manila, hereinafter referred to as the "ASSIGNEE".

WITNESSETH that -

WHEREAS the ASSIGNOR is the buyer of a 2-bedroom unit, located at 18C, Beeranda Towers
Condominium, 234 Taft Avenue, Manila, with an area of SEVENTY EIGHT (78) SQUARE METERS
more or less, covered by Condominium Certificate Title No. 98765 of the register of Deeds of
Manila, registered in the name of the Bank of the Philippine Islands.;

WHEREAS, the ASSIGNOR has offered to assign all his rights, title and interest over the above
unit, as referred in said Contract to Sell and the ASSIGNEE hereby accepts the assignment in
accordance with the terms herein set forth;

NOW, THEREFORE, for and in consideration of the foregoing premises and the sum of ONE
MILLION PESOS (1,000,000.00), PHILIPPINE CURRENCY, which the ASSIGNOR hereby
acknowledged to have received from the ASSIGNEE, the ASSIGNOR hereby assigns, transfers and
conveys unto the ASSIGNEE, all his rights, title and interest to the aforementioned property and
appurtenant interest in the Condominium project pursuant to this Agreement and the ASSIGNEE by
these presents hereby accepts the assignment and agrees to be bound by the terms and conditions of the
Contract to Sell and the rules and regulations, and restrictions pertaining to the said unit.

IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and place first above
written.

RONALD RAE C. DEL MUNDO PAUL JASON C.

DOLENDO
ASSIGNOR
ASSIGNEE

Signed in the presence of:

______________________ _____________________
ALLAN JAMES T. ULIT CHRISTIAN V. CORPUZ

(ACKNOWLEDGEMENT)

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FORM NO.7: CONTRACT OF LEASE

CONTRACT OF LEASE (Motor Vehicle)

KNOW ALL MEN BY THESE PRESENTS:

This contract made and executed by and between: RONALD RAE C. DEL
MUNDO, of legal age, Filipino and a resident of #14 Mount Ville, Muntinlupa City, hereinafter
referred to as the LESSOR; and WARNER BROS., a corporation duly organized and existing under
Philippine laws with offices at 6750 Ayala, Makati City , represented by PAUL JASON C. DOLENDO
of legal age and a resident of #16 Lightsaber Ville, Pasay City , hereinafter referred to as the LESSEE;

WITNESSETH:

That the parties have hereto agreed as follows: 1. That the LESSOR hereby lets and leases unto the
LESSEE his motor vehicle described as follows:

MAKE: BMW SERIES 3 SEDAN

MOTOR NO. : DW-00987899-94
CHASSIS NO. : RF-9864-754

2. That the monthly rental shall be in the amount of TWENTY FIVE THOUSAND (25, 000.00), per
month, payable at the end of each and every month;

3. That the term of this contract shall be one (1) year commencing on January 1, 2014 and ending on
January 1, 2015 and automatically renewed from year to year unless sooner terminated by a notice of
at least thirty (30) days before such termination;

4. All the expenses for the registration, insurance, tire, battery, fuel, care and maintenance of the
leased unit, as well as any and all damages and liabilities caused to third parties or the public by reason
of any accident whatsoever, shall be for the sole account of the LESSEE;

5. L
ESSE
E may sublease the unit to any other person but the right of LESSOR as herein stipulated shall not be
affected whatsoever.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 4th day of December 2013 at
Muntinlupa City, Philippines.

__________________
RONALD RAE C. DEL MUNDO
Lessor

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______________________ WARNER BROS.

Lessee

______________________ by: PAUL JASON C.

DOLENDO
(authorized representative)

SIGNED IN THE PRESENCE OF :

_____________________ ______________________
ALLAN JAMES T. ULIT CHRISTIAN V. CORPUZ

(ACKNOWLEDGMENT)

FORM NO.8: CHATTEL MORTGAGE

CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

I, (Name of Mortgagor) of legal age, single/married to____________________ with postal address

at
_____________________________hereinafter known as the MORTGAGOR, and
_________________________________ of legal age, single/married to

______________________ with postal address at _______________________________ hereinafter

known as the MORTGAGEE, witnesseth:

That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of (Amount in Words)
(000,000.00), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR upon the
signing of this instrument, payable within a period of _____ years, with interest thereon at the rate of
(___) % per annum;
That for, and consideration of , this indebtedness, and to assure the performance of said obligation
to pay, the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the
MORTGAGEE, his heirs and assigns, the following personality now in the possession of said
MORTGAGOR

MAKE :
MOTOR NO. :

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SERIES :
SERIAL/CHASSIS NO. :
TYPE OF BODY : PLATE NO.
: YEAR MODEL :
FILE NO. :

That the condition of this obligation is that should the MORTGAGOR perform the obligation to pay
the hereinabove cited indebtedness of (Amount in Words) (000,000.00) together with accrued interest
thereon, this chattel mortgage shall at once become null and void and of no effect whatsoever,
otherwise, it shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____day of ____________
20___ at ____ Philippines.

_______________________ _______________________

MORTGAGOR MORTGAGEE

IN THE PRESENCE OF:

________________________ __________________________ ACKNOWLEDGEMENT

Republic of the Philippines)

________________________ ) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name
of
Mortgagor) 10000000 Jan 01, __ / Quezon City

(Name of Mortgagee) 10000000 Jan 11, __ / Las Pinas City

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

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Notary Public

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

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR AND MORTGAGEE hereby jointly and severally swear that we
executed the foregoing Chattel Mortgage in order to secure the indebtedness therein and for no other
purpose or purposes contrary to law.

_________________________ _________________________ MORTGAGOR

MORTGAGEE

FORM NO.9: DISCHARGE OF REAL ESTATE MORTGAGE

DISCHARGE OF REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

I, JUAN DELA CRUZ, of legal age, single and with residence and postal address at No. 17 Acacia
Street, Pembo, Makati City, is the mortgagee in that Deed of Real Estate Mortgage executed by
PEDRO DUHAYLUNGSOD on
May 1,
2013
and noted as Doc. No. 2; Page No. 3; Book No. IV; Series of 2013, of the Notarial Register of BEN
HUR, Notary Public for and in the City of Makati;

That having received the full amount of ONE HUNDRED THOUSAND PESOS (P100,000.00),
Philippine Currency together with accrued interest from the Mortgagor, the said PEDRO
DUHAYLUNGSOD , I do hereby forever RELEASE, DISCHARGE, and CANCEL the Mortgage
mentioned above, covering Lot No. 35 with Transfer Certificate of Title No. 123456 of the Registry of
Deeds of Makati City.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of January 2014 at Makati
City.

JUAN DELA CRUZ

Signed in the presence of:

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__________________________ ________________________

MARIA MAKILING JUAN TAMAD

ACKNOWLEDGMENT

Republic of the Philippines)

City of Makati ) S.S.
BEFORE ME, a Notary Public, for and in the City of Makati, this 7th day of January 2014 personally
appeared:

Name Identification Card Issued On/At

JUAN DELA CRUZ SSS I.D. No. 123 1-1-11/Makati

MARIA MAKILING SSS I.D. No. 444 4-1-11/Makati

JUAN TAMAD SSS I.D. No. 555 5-1-11/Makati

all known to me to be the same persons who executed the foregoing instrument and hereby
acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. ____

Page No. ____
Book No. ____ Series of 2014.

FORM NO.10: PETITION FOR RECONSTITUTION OF TRANSFER

CERTIFICATE OF TITLE

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Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch _____
Makati City

IN THE MATTER OF RECONSTITUTION

OF ORIGINAL COPY OF TRANSFER
CERTIFICATE OF TITLE NO. T-123456

Spec. Proc. No. ____

ALA TITULO,
Petitioner.
x---------------------------x

PETITION FOR RECONSTITUTION

OF TRANSFER CERTIFICATE OF TITLE

COMES NOW, petitioner ALA TITULO through counsel, unto this Honorable Court, respectfully
alleges:

1. That petitioner is of legal age, married, Filipino citizen and residing at 222 Teresa Street,
Valenzuela, Makati City; that respondent REGIE STER is the Register of Deeds of Makati City where
he may be served with summons and other court processes;

2. That petitioner is the registered owner of a parcel of land located at 4522 Acacia Street, Pembo,
Makati City and covered by Transfer Certificate of Title
No. T-123456, Register of Deeds of Makati City, free of any encumbrances;

3. That on April 5, 2013 the office of the register of Deeds of Makati City was burned and all the
Torrens Titles in said office including T.C.T. No. T-123456 were burned;

4. That said transfer certificate of title was never mortgaged or sold to anyone.

WHEREFORE, it is respectfully prayed that the Register of Deeds of Makati City issue a
reconstituted original certificate of title based on the owner’s duplicate certificate of title hereto
attached in the name of herein petitioner.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

15 August 2013 City of Makati.

ATTY. VX YZ

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Counsel for the Petitioner FORM NO.11: ACTION

TO REMOVE CLOUD ON, OR QUIET
TITLE TO, REAL PROPERTY

ACTION TO REMOVE CLOUD ON, OR QUIET TITLE TO, REAL

PROPERTY

(Caption and Title)

PETITION

COMES NOW the petitioner and respectfully avers:

1. That he is the special administrator of the estate of ______________, deceased;

2. That the deceased, during his lifetime, executed a certain deed of sale of a piece of real estate
in favor of the respondent, dated ___________,
and particularly described as follows, to wit:
________________________________________ ;
3. That the said sale is forged and fictitious, and is therefore in truth and in fact invalid;
4. That the existence of the said alleged deed of sale is prejudicial to the title of the lawful heirs
of the deceased upon the above-described real property;
5. That equity demands that the said deed of sale be surrendered and cancelled, as it is a cloud
upon the title of the deceased and his lawful heirs.
WHEREFORE, it is respectfully prayed that:
a. _____________________________________________________
_________
b. _____________________________________________________
_________

___________________

(Attorney for the Petitioner)

___________________
(Address)

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FORM NO.12: AFFIDAVIT OF ADJUDICATION BY SOLE HEIR OF

ESTATE OF DECEASED PERSON

AFFIDAVIT

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ________________ SS
MUNICIPALITY OF _____________

I, _____, of legal age, married to _______ (or single) and now residing at ________, Philippines, after
having been sworn in accordance with law, depose and say:

1. That I am the only surviving son of one, named ______ who died interstate in the municipality
of ________, Philippines, on _________ as evidence by Death Certificate issued by the
_______ hereto attached as ANNEX “A” and made an integral part of this Affidavit;

2. That said deceased left an estate consisting of a parcel of land measuring ____ sq.m., located
in the municipality of ______, and evidenced by Transfer of Title No. _______ of the Registry
of Deeds of ______;

3. That the said parcel of land is more particularly described as follow to wit:

(Description)

4. That said deceased left no debts;

5. That the net value of said estate is not more than three thousand pesos (P 3,000.00), and is
therefore exempt from the estate and inheritance taxes, as evidenced by a certificate of
exemption issued by the Bureau of Internal Revenue hereto attached as ANNEX “B” and
made an integral part of this affidavit;

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 same with the Register
of Deeds of _____ 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 day of ______, 20___, in
the ____, Philippines.

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________________

(Signature of Affiant)

JURAT

FORM NO.13: ASSIGNMENT OF REAL ESTATE IN PAYMENT OF DEBT

DEED OF ASSIGNMENT

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ASSIGNMENT, made and executed by and between

(full name of debtor-assignor), Filipino, of legal age, single (or married to
_____________), with residence and post-office address at
_____________________________________, hereinafter called the
ASSIGNOR, and (full name of creditor-assignee), Filipino, of legal age, single
(or married to _____________), with residence and post-office address at
_____________________________________, hereinafter called the ASSIGNEE witnesseth:

That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ PESOS
(P_________), Philippine currency and in full payment and complete satisfaction thereof, the
ASSIGNOR does hereby ASSIGN, TRANSFER, and CONVEY unto the ASSIGNEE that certain real
estate with all the buildings and improvements thereon situated in __________________, and more
particularly described as follows, to wit:

(Description of property assigned)

of which real estate the ASSIGNOR is the registered owner, his title thereto being evidence by
Transfer (or Original) Certificate of Title No. ________ of the Register of Deeds of _____________:
That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt
of __________________ PESOS (P________).

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this ________ day of
____________, 20 ____, in _________________ Philippines.

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____________________ ___________________

(Assignor) (Assignee)

Signed in the presence of:

_____________________ ____________________

ACKNOWLEDGMENT

FORM NO.14: COMPLAINT FOR FORECLOSURE OF REAL

ESTATE MORTGAGE

COMPLAINT FOR FORECLOSURE OF REAL ESTATE

MORTGAGE

(Caption and Title)

COMPLAINT

COMES NOW, the plaintiff by the undersigned attorney, and unto this Honorable Court, respectfully
states:
1. That both the plaintiff and the defendant are of age, and residents of
______________________________________________;
2. That on _____________, the defendant, in order to secure the payment of the sum of
______________, acknowledged to have been received by him on said date, executed in favor
of the plaintiff a first mortgage on certain real property located in

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________________________, a true copy of said mortgage contract is hereto attached as Exh.

“A”, and made an integral part of this complaint.
3. That the condition of said mortgage, as stated therein, is such, that if within the period of
_______________ from and after the execution of same, the defendant shall pay or cause to be
paid to the plaintiff, his heirs or assigns, the said sum of ________________ together with the
stipulated interest of ________% per annum, then the said mortgage shall be discharged;
otherwise, it shall remain in full force and effect, to be enforceable in the manner prescribed
by law;
4. That the defendant has not paid or caused to be paid the mortgage debt of _________ or any
part thereof, in spite of the lapse of the stipulated period;
5. That the plaintiff has demanded of the defendant to pay the above sum of _____________,
plus the stipulated interest, but said defendant has failed to pay the same;
6. That the defendant has also agreed in the mortgage contract that should the plaintiff foreclose
the mortgage, the latter is entitled to receive the further sum of __________% of the total
amount due as attorney’s fees, expenses and costs.
7. That there are no other persons having or claiming an interest in the mortgaged property.
WHEREFORE, it is respectfully prayed:
(a) That, upon due hearing, judgment be rendered: (1) ordering the defendant to pay unto the
court within the reglementary period of ninety days the sum of _____________ together with
the stipulated interest at _______% per annum from and after _______________, plus the
additional sum of ______% of the total amount due as attorney’s fees, expenses and costs; (2)
and that in default of such payment, the above-mentioned property be ordered sold to pay off
the mortgage debt and its accumulated interest, plus _____% of the total amount due as
attorney’s fees, expenses and costs, (b) That plaintiff be granted such other relief in law and
equity.
___________, ______________________, 20 _____.

__________________

(Attorney for the Plaintiff)

________________

(Address)

FORM NO.15: DEED OF REPURCHASE OF LAND SOLD UNDER

PACTO DE RETRO

DEED OF RESALE

KNOW ALL MEN BY THESE PRESENTS:

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I, (full name of vendor) Filipino, of legal age, (single or married to ________________),

with residence and post-office address at
____________________; for and in consideration of the sum of _______________________ PESOS
(P_________), Philippine currency, to me in hand paid by

(full name of vendee),

Filipino, of legal age, (single or married to ________________), with residence and post-office
address at ____________________ do hereby by these presents RESELL, RETRANSFER, AND
RECONVEY unto the said _______________________ that certain parcel of land, with all the
buildings and improvements thereon, situated in ____________________________ and more
particularly described as follows, to wit:

(Description of land as stated in original contract of sale with pacto de retro) covered by Transfer (or
Original) Certificate of Title No. ______ of the Registry of Deeds of ________________, and which
property was previously sold to me under pacto de retro by the said _________ on
_________________, executed before Notary Public _____________, and bearing No. Reg. No.
_____, Page ______, Book ________, Series of _______ of his notarial register, copy of which is
hereto attached as ANNEX “A”.

IN WITNESS WHEREOF, I have hereunto set my hand this day of ____________ , 20 ____ , in
_________________, Philippines.

__________________

(Vendor)

With my consent:

_______________________

(Vendor’s wife, if any)

Signed in the presence of:

_____________________ _____________________

ACKNOWLEDGMENT

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FORM NO.16: DEED OF SALE OF PRIVATE AGRICULTURAL LAND

DEED OF SALE OF PRIVATE AGRICULTURAL LAND

AFFIDAVIT

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ________________ SS
MUNICIPALITY OF _____________

I, __________________, of legal age, single (or married to ________________), resident of

______________________________, after being sworn in accordance with law, depose and say:

That I am the vendee in the sale of the above-described private agricultural land; That I am a
naturalized citizen of the Philippines, by virtue of a final decision of the CFI _____________ ; on
________________ that a certified copy of my certificate of naturalization is hereto attached as Annex
“A”; that I am qualified to acquire and hold public and private lands in the Philippines.

_________________

(Signature of Affiant)

JURAT

FORM NO.17: DEED OF SALE OF REGISTERED LAND

DEED OF SALE

KNOWN ALL MEN BY THESE PRESENTS:

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I, (Full name of vendor), Filipino, single/married to ____________, of legal age, with

residence and post-office address at _____________________________________________, for and
in consideration of the sum of __________ PESOS (P_______) , Philippine currency, to me in hand
paid by

(Full name of vendee),

Filipino, of legal age, with residence and post-office address at

_______________________________,

do hereby SELL, TRANSFER, and CONVEY, absolutely and unconditionally, unto the said
______________ his/her heirs and assigns, that certain parcel (or parcels) of land, together with the
buildings, improvements thereon, situated in (city or municipality, and province) and more particularly
described as follows, to wit:

(Description)

of which I am the registered owner in fee simple in accordance with the Land Registration Act, my
title thereto being evidenced by Transfer (or Original) Certificate of Title No. _______, issued by the
Register Deeds of _____________________.

It is hereby mutually agreed that the vendee shall bear all the expenses for the execution and
registration of this deed of sale.

IN WITNESS WHEREOF, I have hereunto signed this deed of sale, this ________ day of _____,
20_____, at _______________ (city or municipality), Philippines.

_________________
(Vendor)

With my consent:

_________________
(Vendor’s wife)
SIGNED IN THE PRESENCE OF:

____________________ _____________________ (Witness)

(Witness) ACKNOWLEDGMENT

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FORM NO.18: DEED OF SALE OF REGISTERED LAND UNDER PACTO de RETRO

DEED OF SALE UNDER PACTO DE RETRO

KNOWN ALL MEN BY THESE PRESENTS:

This Deed of Sale with Pacto de Retro made and executed by and between

(full name of vendor), Filipino, of legal age, single (or married to

______________) , with residence and post-office address at ___________________, hereinafter
called the VENDOR, and

(full name of vendee), Filipino, of legal age, single (or married to

______________), with residence and post-office address at ____________________, hereinafter
called the VENDEE,

Witnesseth:

That the VENDOR is the absolute owner of a certain parcel of land with all the
buildings and improvements thereon, situated in
_________________, and more particularly described as follows, to wit: (Copy description stated in
certificate of title),

his title thereto being evidenced by Transfer (or Original) Certificate of Title No. ______________
issued by the Register of Deeds of ____________ ;

That the VENDOR, for and in consideration of the sum of __________ PESOS (P______), in
Philippine currency, to him in hand paid and receipt whereof is hereby acknowledged, does hereby
SELL, TRANSFER, and CONVEY, under PACTO DE RETRO unto the said VENDEE, his heirs and
assigns, the above-described property with all the buildings and improvements thereon, free from all
liens and encumbrances whatsoever;

That
the VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the
VENDEE, in accepting same, hereby obligates himself to RESELL, the property herein conveyed
within a period of ______ years from and after the date of this ________ instrument, for the same price
of _________________ PESOS (P_______), Philippine currency: Provided, however, that if the
VENDOR shall fail to exercise his right to repurchase as herein granted within the period stipulated,
then this conveyance shall become absolute and irrevocable, without the necessity of drawing up a new
deed of absolute sale, subject to the requirements of the law regarding consolidation of ownership of
real property.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this ______ day of
__________, 20_____ , in _________________, Philippines.

_________________
(Vendor)

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________________
(Vendee)

With my marital consent:

___________________

(Vendor’s Wife)

Signed in the presence of:

_____________________ _____________________

ACKNOWLEDGMENT

FORM NO.19: DEED OF SALE OF UNREGISTERED LAND

DEED OF SALE

KNOW ALL MEN BY THESE PRESNTS:

(Full name of vendor), Filipino, single/married to ____________, of legal age, and with residence and
post-office address at _________________________________ for and in consideration of the sum of
_____________PESOS (P_____), Philippine currency, to him in hand and paid by

(Full name of vendee), Filipino, of legal age, with residence and postoffice address at
__________________________________________, DOES HEREBY SELL, TRANSFER, AND
CONVEY unto the said

(Full name of vendee), his/her heirs and assigns, that certain parcel (or parcels of land, together
with all the buildings and improvements thereon belonging to the vendor and in
present possession of
_______________________, situated in ______________________________, and more particularly
described as follows, to wit:
(Description: State nature of each piece of land and its improvements,
situation, boundaries, are in square meters, whether or not the boundaries are visible
on the land by
means of monuments or otherwise, and in the affirmative
case, in what they consist; the permanent improvements, if any, existing on the
property; the page number of the
assessment of each property for current year or years when

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registration is made; the assessed value of the property for the year.)

That it is hereby declared that the boundaries of the foregoing land are visibly by means of
____________________; that the permanent and improvements existing thereon consists of
_____________________(If none, state so; that the land is assessed for the current year at P_______
as per Tax Declaration No. ______, and the buildings and/or

improvements, at P_____ as per Tax Declaration No. _____ of the

City/Provincial Assessor of _______;
The above-described real estate, not having been registered under Act No. 496 or under the
Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions
of Sec. 194 of the Revised Administrative Code, as amended by Act No. 3344.

IN WITNESS WHEREOF, the parties hereto have signed this deed this ____day of ____,
20____ in ______________, Philippines.

______________
(Vendor)

______________
(Vendee)

Signed in the presence of:

_____________________ _____________________ ACKNOWLEDGMENT

FORM NO.20: DEED OF SALE WITH MORTGAGE

DEED OF SALE WITH MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF SALE WITH MORTGAGE, made and executed by and between

(Full name of vendor), Filipino, of legal age, single (or married to

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______________) , with residence and post-office address at

___________________, hereinafter called the VENDOR-MORTGAGEE, and

(Full name of vendee), Filipino, of legal age, single (or married to

______________), with residence and post-office address at
____________________, hereinafter called the VENDEE-MORTGAGOR, Witnesseth:

That the VENDOR-MORTGAGEE is the owner in fee simple of a certain parcel of land together with
all the buildings and improvements thereon, situated in ___________, his title thereto being evidence
by Transfer (or Original) Certificate of Title No. _____ of the Registry of Deeds of ____________
which land is more particularly described as follows, to wit:

(Description of land)

That for and in consideration of the sum of __________ PESOS

(P_________), Philippine currency, of which amount the sum of
____________________ PESOS (P________) has been paid by the VENDEEMORTGAGOR and
receipt whereof is hereby acknowledged by the VENDOR-MORTGAGEE, the said VENDOR-
MORTGAGEE does hereby SELL, TRANSFER, and CONVEY unto the said VENDEE-
MORTGAGOR the above-described real estate together with all the buildings and improvements
thereon, free from all liens and encumbrances whatsoever;

That it is hereby agreed and stipulated that the UNPAID BALANCE of _______________ PESOS
(P_______), Philippine currency, of which amount the sum of __________________ PESOS
(P_________) shall be paid by the VENDEE-MORTGAGOR to the VENDOR-MORTGAGEE at the
latter’s residence, as follows, to wit:

(here state manner of payment)

That, in order to guarantee the fulfillment of the above obligations, the

VENDEE-MORTGAGOR does hereby MORTGAGE unto the VENDOR-
MORTGAGEE, his heirs and assigns, the real estate herein above described, together with all the
buildings and improvements thereon, under the express stipulation that if the said VENDEE-
MORTGAGOR shall well and truly pay or cause to be paid unto the VENDOR-MORTGAGEE the
aforesaid obligations, then this MORTGAGE shall be of no further force and effect; otherwise, the
same shall remain in full force and effect and shall be enforceable in the manner prescribed by law.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this ______ day of
_________, 20 _____, in ______________, Philippines.

_______________ ________________

(Vendor-Mortgagee) (Vendee-Mortgagor)

Signed in the presence of:

_____________________ _____________________

ACKNOWLEDGMENT

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MANIFESTATIONS/MOTIONS AND
COMMENTS

FORM NO.1: MANIFESTATION AND MOTION TO ISSUE

CERTIFICATE OF FULL COMPLIANCE WITH CIVIL
OBLIGATION

Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

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-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft
JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MANIFESTATION AND MOTION TO ISSUE CERTIFICATE OF

FULL COMPLIANCE WITH CIVIL OBLIGATION

Accused by counsel, to this Honorable Court respectfully states:

On 10 March 2012, herein parties submitted to this Honorable Court a Motion to Approve
Compromise Agreement and To Render Judgment on the Basis Thereof the pertinent portion of which
are, to wit:

For the settlement of the civil aspect of the above-entitled case, First Party hereby agrees to the
following sum of money as the total amount of civil liability of the Second Party, to wit:
Php 200,000.00 - the total amount of money allegedly stolen by the
Second Party
Php 50,000.00 - Attorney’s Fee

4.3 The Second Party, upon signing hereof, hereby agrees to pay the First Party and tenders the sum:

Php 100,000.00 - as down payment of the aforesaid amount

Php 50,000.00 - as and in payment for the said Attorney’s fee

The First Party hereby acknowledged receipt of the total sum of Php 100,000.00 from the second party
on the date of signing this instrument to be applied for the purpose aforesaid;
The Second Party hereby agrees and undertakes to pay the remaining balance of Php 100,000.00 in
four (4) equal monthly installments at Php 100,000.00 per month. The schedule of payments are as
follows:

1st installment Php 25,000.00 – payable on or before April 9, 2011

2nd installment Php 25,000.00 – payable on or before May 9, 2011
3rd installment Php 25,000.00 – payable on or before June 9, 2011
4th installment Php 25,000.00 – payable on or before July 9, 2011

It is hereby agreed that the payment of the foregoing four (4) installments shall be covered by four (4)
postdated checks;

The failure and/or refusal of the Second Party to replace with cash any and /or all of the above
postdated check/s, if the same is/are dishonored upon presentment for payment on its due date, after
five banking days from notice shall render the entire remaining obligation immediately due and
demandable;

In the latter case, Second Party hereby agree that an Order of the Court for the issuance of the writ of
execution shall be issued outright upon motion for the satisfaction of his remaining civil obligation;

The parties herein agree that the foregoing Compromise Agreement shall be submitted to the
Honorable Court for approval.

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On 09 July 2012, accused has fully complied with his full obligation by paying the total amount of
TWENTY FIVE THOUSAND PESOS (Php 25,000.00) in accordance with the said Agreement.

To support its claim, the undersigned attached the bank certification, photocopies of the encashed
checks and application form of BPI Managers Checks in favor of private prosecutor Atty. Jeffrey Paril
Into and private complainant Og Sabado which are hereto attached as Annexes “A” to A-1,B and C
respectively.

In view of the foregoing, accused prays for the issuance of the certificate of full compliance of the civil
obligation and permanent dismissal of the aboveentitled criminal case.

City of Manila, for Imus City, 25 July 2012.

BAQUIRAN, CORONADO & RICAFRANCA

Counsel for Accused Jasper Sol Cruz
2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

by:

RAPHAEL ENRIQUE V. CORONADO

Roll No. 690069
IBP No. 990905/ 1-03-2012/Cavite
PTR No. 1678611/ 1-02-2012/Dasmarinas
MCLE Compliance No. IV- 111255

Notice of Hearing

PROSECUTOR JACK MIOF

Office of the City Prosecutor
Imus City, Cavite

CLERK OF COURT
Regional Trial Court

Branch 21, Imus City

ATTY. JEFFREY PARIL

1080 Negros Street, Balic- Balic
Sampaloc, Manila

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

Greetings:

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Please submit the foregoing Manifestation for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

Copy furnished:

PROSECUTOR JACK MIOF

Office of the City Prosecutor
Imus City, Cavite

ATTY. JEFFREY PARIL

1080 Negros Street, Balic- Balic
Sampaloc, Manila

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

Explanation

The pleading is being filed, with copy furnished the other parties, by private couriers due to the
distance of the undersigned from the Court and the said parties, making personal service thereof not
practicable.

RAPHAEL ENRIQUE V. CORONADO

FORM NO. 2: MOTION OF REQUEST FOR OFFICIAL COPY

Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

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-versus- CRIMINAL CASE NO. 9935-

FOR: Qualified Theft
JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION OF REQUEST FOR OFFICIAL COPY

(OF HONORABLE COURT’S RESOLUTION DATED 23
SEPTEMBER 2010)

Accused, by counsel, to this Honorable Court respectfully states:

Accused was formerly represented xxx by JANSEN ABESAMIS KALAW OLAGUER LAPUZ LAW
FIRM (JAKOL Law).

On 24 August 2011, accused served notice to JAKOL Law of its decision to cease all legal
representation handled by the latter on behalf of the petitioner. Petitioner also requested JAKOL Law
to make arrangements for the transfer of all files relating to its legal representation on behalf of
petitioner to the undersigned counsel.

The undersigned counsel was engaged to act as counsel for the accused in the above-entitled case; and
thus, filed its entry of appearance on 12 September 2011.

The undersigned counsel, through petitioner, has received information that the Honorable Court
promulgated a Resolution on accused’s Motion for Reconsideration.

To date, the undersigned counsel has yet to receive an official copy of the above-mentioned
Resolution.
WHEREFORE, undersigned counsel hereby respectfully requests for an official copy of the Honorable
Court’s Resolution on accused’s Motion for
Reconsideration

Imus City, October 19 2011.

BAQUIRAN, CORONADO & RICAFRANCA

Counsel for Accused Jasper Sol Cruz
2nd
Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

by:

RAPHAEL ENRIQUE V. CORONADO

Roll No. 690069
IBP No. 990905/ 1-03-2012/Cavite
PTR No. 1678611/ 1-02-2012/Dasmarinas
MCLE Compliance No. IV- 111255

Notice

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CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

Greetings:

Please submit the foregoing motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

RAPHAEL ENRIQUE V. CORONADO

FORM NO. 3: MOTION FOR ALLOWANCE TO APPEAR AS AMICUS CURIAE

Republic of the Philippines

SUPREME COURT
Manila

PATRICIO TAN, FELIX FERRER,

JUAN M. HAGAD, SERGIO HILADO,
VIRGILIO GASTON, CONCHITA MINAYA,
TERESITA ESTACIO, DESIDERIO DEFERIA,
ROMEO GAMBOA, ALBERTO LACSON,
FE HOFILENA, EMILY JISON,
NIEVES LOPEZ AND CECILIA MAGSAYSAY,
Petitioners,

-versus- G.R. DOCKET NO. 667-SC-901-V

FOR: Petition for Prohibition and Mandamus

THE COMMISSION ON ELECTIONS and THE PROVINCIAL

TREASURER OF NEGROS OCCIDENTAL,
Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
MOTION FOR ALLOWANCE TO APPEAR AS AMICUS CURIAE

Movant, by himself, by special appearance to this Honorable Court, most respectfully states:

That herein Movant was an elected Senator and served during the year 19881995.

Movant was the principal author of Batas Pambansa Blg. 885 or “An Act Creating a New Province in
the Island of Negros to be known as the Province of Negros del Norte.” Movant has extensively and
exhaustively crafted the said bill during the senate deliberations for the same during the years he
served as a Senator.

That the present case sprung from the construction of Sec 5(3) therein, which the committee
deliberations have not accompanied an explanatory note.

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That to ensure the meaningful discussion and appreciation of the issues as raised in the
abovementioned case before the Honorable Court, Movant request that he be made a resource speaker
to aid the Court in the case’s speedy disposition.

WHEREFORE, undersigned hereby respectfully requests that he be allowed to appear before the
Honorable Court as an amicus curiae to aid the court in the speedy disposition of the present case.

City of Manila, October 19 1996.

AMBROSIO PADILLA

Movant
Notice

HONORABLE SUPREME COURT

City of Manila

Greetings:

Please submit the foregoing motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

AMBROSIO PADILLA

FORM NO. 4: MOTION FOR BILL OF PARTICULARS

Republic of the Philippines REGIONAL TRIAL COURT

Branch 47
Puerto Princesa City, Palawan

ALEX
BERMEJ
Plaintiff, Civil case No. 5524

-versus-
FOR: DAMAGES

ROEL PONCE DE LEON

Defendant
x --------------------------------------x

MOTION FOR BILL OF PARTICULARS

Defendant, by counsel and to this Honorable Court, respectfully states:

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1. The complaint alleges that defendant public official, together with herein defendant movant,
acting singly or collectively, and or in unlawful concert with one another, in flagrante breach
of public trust and of sheer fiduciary obligations as public officers with gross and scandalous
abuse of right and power and in brazen violation of the Constitution and laws of the
Philippines, embarked upon a systematic plan to accumulate ill-gotten wealth.

2. The foregoing allegations are conclusions of law, which plaintiff should clarify and flesh them
with facts and specific acts to enable defendant-movant to prepare and file a responsive
answer thereto which requires information as to precise nature, character, scope and extent of
plaintiff’s cause of action.

WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars of the facts and
acts constituting the conclusions alleged in the complaint.

ATTY. PERCIVAL JAMES L.

LACEBAL
Counsel for the Defendant

NOTICE OF HEARING

Atty. Juan S. Magbanua

Counsel for the defendant
Bgy. San Pedro, Puerto Princesa City

Sir:

Please be informed that the undersigned counsel has set the foregoing
Motion for Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the
Honorable Court or soon thereafter as counsel maybe heard.

ATTY. PERCIVAL JAMES L.

LACEBAL
Counsel for the Plaintiff
Bgy. Sta. Monica. Puerto Princesa

City

AFFIDAVIT OF PERSONAL SERVICE

I, RUBEN R. PADILLA, of legal age and having been duly sworn depose and say:

That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled
Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served
upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as
follows:

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Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of
said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial
on the said pleading, this 23rd day of October 2013

IN WITNESS WHEREOF, I have signed this affidavit this 24 th day of October 2013 at Puerto
Princesa City.

Ruben R. Padilla
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto
Princesa and the Province of Palawan this 24 th day of October 2013. Affiant personally came and
appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May
1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same
person who personally signed the foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument

ATTY. PERCIVAL JAMES L. LACEBAL

Notary Public

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2013;

Copy furnished:

Atty. Marilen Saniel

Counsel for plaintiff
Bgy. San Pedro, PPcity

FORM NO. 5: MOTION FOR CONSOLIDATION OF CASES

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,

Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of
Marriage

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ELLEN A. ADARNA,
Respondent
x------------------------------------------x

EX PARTE MOTION FOR CONSOLIDATION OF CASES

Petitioner, by counsel, to this Honorable Court respectfully states:

This is a Petition for Declaration of Nullity of Marriage which was filed on 26 June 2013.

On the same date, a Protection Order with application for TPO and Support Pendente Lite pursuant to
Administrative Matter No. 04-10-11-C or the Rules on Violence Against Women and Their Children
Act involving the abovementioned parties was filed and raffled before the Regional Trial Court of
Pasay City Branch 113 with Civil Case no. BCV 2013-84.

That the two petitions involve the same parties with intertwined issues and subject matters.

WHEREFORE, it is respectfully prayed that an order be granted to consolidate the two actions in the
Regional Trial Court Branch 113, Pasay City where the declaration of nullity of marriage was raffled
which may tend to avoid unnecessary costs or delay and to serve the best interests of the parties and to
settle expeditiously the issues involved

Imus City for Pasay City, 7 July 2013.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:

RICA KAYE O. LOMIBAO

IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201
Notice

THE CLERK OF COURT

RTC Branch 113
Pasay City

Greetings:

Please submit the foregoing motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

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RICA KAYE O. LOMIBAO

FORM NO. 6: URGENT MOTION FOR EARLY RESOLUTION

Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Hall of Justice Compound, Aguinaldo Highway, Imus City

OG SABADO,
Complainant,

-versus- NPS DOCKET NO. V-14-INV-22C-1653

JASPER SOL CRUZ,

Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

URGENT MOTION FOR EARLY RESOLUTION

Complainant, by counsel, to the Honorable Prosecutor, respectfully states that:

1. This is a criminal action for Qualified Theft under the Revised Penal Code which was filed on 06
May 2011.

2. Since then, complainant is patiently waiting for the resolution of the above-captioned case.

3. T
ruth to tell, private complainant has received reliable information from unimpeachable sources that
respondents are processing papers to go abroad.

4. Thus, the undersigned is requesting for the early resolution of the above-entitled case so as not
frustrate the ends of justice.

WHEREFORE, it is respectfully prayed that a Resolution be rendered in this case based on the
evidence presented.

Other just and equitable reliefs are likewise prayed for.

Imus City, 17 December 2012.

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PARIL LAW OFFICE

Counsel for Private Complainant
1080 Negros Street, Balic- Balic
Sampaloc, Manila

by:

JEFFREY PARIL
IBP#941296, Sampaloc Chapter, 12-27-2010
PTR#176413, Sampaloc, Manila, 1-2-2012
Attorney’s Roll No. 48000
MCLE Compliance No. II- 0009569
MCLE Compliance No. III- 0000923
MCLE Compliance No. IV- 0007733

Copy furnished:

PROSECUTOR JACK MIOF

Office of the City Prosecutor
Imus City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

FORM NO. 7: MOTION FOR ISSUANCE OF A HOLD DEPARTURE

ORDER

Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

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-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
MOTION FOR ISSUANCE
OF A HOLD DEPARTURE ORDER

Private Complainant, by counsel, under the direct control and supervision of the Honorable
Public Prosecutor respectfully alleges that:

This is a criminal complaint for Qualified Theft under the Revised Penal Code against the accused.

Private complainant has reliable information that said accused is intending to go abroad to evade
criminal prosecution.

Consequently, to insure that accused do not leave the country to evade criminal prosecution and to
guarantee that he is properly brought before the bar of justice to face his charge, it becomes
imperative that he be placed in the “hold departure order” list of the Bureau;

For the guidance and information of the Court, we furnish the complete data, regarding accused
JASPER SOL CRUZ to wit;

Complete Name : JASPER SOL CRUZ

Sex : male
Civil Status : Separated
Complete Address : No. 866 W. Cornetto Street,
Malibay, Pasay City
Date of Birth : May 18, 1958
Birthplace : Tanauan, Batangas
Age : 54 years old

Photocopy of the photograph of the JASPER SOL CRUZ is hereto attached as Annex “A” for easy
reference.

WHEREFORE, premises considered, it is respectfully prayed that this

Honorable Court issue an order directing the Commissioner of the Bureau of
Immigration to place accused JASPER SOL CRUZ in their “Hold Departure Order” list.

Other relief and remedies just and equitable under the premises are prayed for.

City of Manila, for Imus City, 25 July 2011.

PARIL LAW OFFICE

Counsel for Private Complainant
1080 Negros Street, Balic- Balic
Sampaloc, Manila

by:

JEFFREY PARIL

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IBP#941296, Sampaloc Chapter, 12-27-2010

PTR#176413, Sampaloc, Manila, 1-2-2012
Attorney’s Roll No. 48000
MCLE Compliance No. II- 0009569
MCLE Compliance No. III- 0000923
MCLE Compliance No. IV- 0007733

With my conformity and

Under my control and supervision:

PROSECUTOR JACK MIOF

Asst. City Prosecutor

Notice

Office of the City Prosecutor

Imus City, Cavite

CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

Greetings:

Please be notified the undersigned has requested the Branch Clerk of Court to include the foregoing
Motion in the Court Calendar on August 23, 2011 at 8:30 a.m. that counsel and matter may be heard.

JEFFREY PARIL

Copy furnished:
Office of the City Prosecutor
Imus City, Cavite

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ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite
Explanation

Copy of the Motion was furnished to the respondent by private courier due to the distance of the
undersigned from the said parties, making personal service thereof not practicable.

JEFFREY PARIL

FORM NO. 8: MOTION FOR LEAVE TO SERVE SUMMONS BY

PUBLICATION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 113
Pasay City

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RAPHAEL ENRIQUE V. CORONADO,

Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of Marriage

ELLEN A. ADARNA,
Respondent
x------------------------------------------x

MOTION FOR LEAVE

TO SERVE SUMMONS BY PUBLICATION

Petitioner, by counsel to this Honorable respectfully states that:

On 26 June 2013, petitioner filed a Petition for Judicial Declaration of Nullity of Marriage.

On 21 July 2013, the undersigned received a Return of Summons from Fernando Pohwz Jr., process
server of the Office of the Clerk of Court and Sheriffs of Pasay City, stating to wit:

THIS IS TO CERTIFY that on July 11, 2013, undersigned tried to cause the service of Summons
issued in the above-entitled case together with a copy of complaint with its annexes upon Defendant
ELLEN A. ADARNA at her given address in Barangay 316 Palin St., Block 27, Lot 77, Ai- Ai,
General Tinio, GMA, Cavite, but failed an unavailing on the ground that said
Defendant is no longer residing at her given address. Information given by Brgy chief CVO, JESSIE
VINEGAR as evidenced by his signature appearing at the bottom of the copy Summons.

WHEREFORE, the copy of Summons and Complaint is now hereby respectfully returned to the
Honorable Court UNSERVED.

Pasay City, for Carmona, Cavite, this 13 day of July, 2013.

FERNANDO POWHZ, JR.

Process server
Despite the process server’s diligent efforts and after being furnished with a map to the address of the
respondent, the summons was returned to the court unserved. A copy of the Return of Summons is
attached herewith as Annex “A”.

Section 6 of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages (Supreme Court A.M. No. 02-11-10) states the following, to wit:

Section 6. Summons. - The service of summons shall be governed by Rule 14 of the Rules of Court
and by the following rules:

(1) Where the respondent cannot be located at his given address or his whereabouts are unknown and
cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon
him by publication once a week for two consecutive weeks in a newspaper of general circulation in the
Philippines and in such places as the court may order In addition, a copy of the summons shall be

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served on the respondent at his last known address by registered mail or any other means the court
may deem sufficient.

(2) The summons to be published shall be contained in an order of the court with the following data:
(a) title of the case; (b) docket number; (c) nature of the petition; (d) principal grounds of the petition
and the reliefs prayed for; and (e) a directive for the respondent to answer within thirty days from the
last issue of publication.

Thus, petitioner hereby prays that summons be served on respondent by publication in accordance with
the above quoted rule.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court, in

accordance with A.M. No. 02-11-10, that summons be served by publication.

Other equitable reliefs are likewise prayed for.

Imus City for Pasay City, 25 July 2013.
LOMIBAO LAW OFFICE
406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:

RICA KAYE O. LOMIBAO

IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

Notice of Hearing

THE CLERK OF COURT

RTC Branch 113
Pasay City
HON. SOLICITOR GENERAL
134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Greetings:

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Please take notice that the undersigned has set the foregoing Motion for Leave to Serve Summons by
Publication for the consideration and approval of this Honorable Court on July 29, 2013 at 8:30 a.m.

RICA KAYE O. LOMIBAO

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Explanation

The foregoing motion is being filed to the Honorable Court with copy therefore furnished to the
Office of the Solicitor General, Office of the Provincial Prosecutor and the other party by registered
mails, due to the distance of the undersigned from the said offices and other party, making personal
service thereof not practicable.

RICA KAYE O. LOMIBAO

FORM NO. 9: MOTION FOR PERMANENT DISMISSAL

Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite
REPUBLIC OF THE PHILIPPINES,
Complainant,

-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft

JASPER SOL CRUZ,

Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

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MOTION FOR PERMANENT DISMISSAL

ACCUSED, by the undersigned counsel, unto this Honorable Court, most respectfully states that:

1. On 02 September 2012, an Order was issued by this Honorable Court dismissing the case
provisionally with the expressed conformity of the accused. Attached is a copy of the said Order hereto
marked as Annex "1" and forms and integral part hereof;

2. Under the Rules on Criminal Procedure, the provisional dismissal of the offenses punishable by
imprisonment not exceeding six (6) years, shall become permanent one (1) year after the issuance of
the order without the case having been revived;

3. A year had already lapsed, and the prosecution has not instituted any action to revive the case;
hence, accused respectfully moves that the case be permanently dismissed.

PRAYER

WHEREFORE, premises considered and in the interest of justice, it is respectfully prayed that the
Honorable Court render the case permanently dismissed.

Other reliefs just and equitable are also prayed for.

Imus City, for Pasay City, 29 December 2013.

BAQUIRAN, CORONADO & RICAFRANCA

Counsel for Accused Jasper Sol Cruz
2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

by:

RAPHAEL ENRIQUE V. CORONADO

Roll No. 690069
IBP No. 990905/ 1-03-2012/Cavite
PTR No. 1678611/ 1-02-2012/Dasmarinas
MCLE Compliance No. IV- 111255

Notice

PROSECUTOR JACK MIOF

Office of the City Prosecutor
Imus City, Cavite

CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

ATTY. JEFFREY PARIL

1080 Negros Street, Balic- Balic
Sampaloc, Manila

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ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

G r e e t i n g s:

Please submit the foregoing motion for the consideration and approval of the Honorable Office
immediately upon receipt hereof.

RAPHAEL ENRIQUE V. CORONADO

Copy furnished:
CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

ATTY. JEFFREY PARIL

1080 Negros Street, Balic- Balic
Sampaloc, Manila

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

FORM NO. 10: MOTION TO ADMIT AFFIDAVIT OF

RECANTATION

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Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 9935-1

FOR: Qualified Theft
JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO ADMIT AFFIDAVIT OF RECANTATION

Respondent, by counsel, respectfully states:

1. That the instant case was assigned for preliminary investigation to Honorable City Prosecutor Jack
Miof.

That the complainant voluntarily executed an Affidavit of Recantation assisted by his principal, Rosa
Rosal, pertinent portion of which states:

“That after profound review and contemplation, taking into consideration of the facts and
circumstances of the above-entitled case, I fully realized that I committed a serious error as to the
identity of all the accused and his purported participation in the above-cited case.”

Thus, in the interest of justice, respondent through the undersigned counsel implore this Honorable
Office to admit the Affidavit of Recantation as part of the records of this case.

The instant motion is filed in good faith and not meant to delay the proceedings of this case nor
prejudice the rights of complainant.
PRAYER

WHEREFORE, premises considered and in the interest of justice, it is respectfully prayed that the
Office of the City Prosecutor to admit the Affidavit of Recantation as part of the records of this case.

Other reliefs just and equitable are also prayed for.

Imus City, for Pasay City, 29 December 2013.

BAQUIRAN, CORONADO & RICAFRANCA

Counsel for Accused Jasper Sol Cruz
2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

by:

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RAPHAEL ENRIQUE V. CORONADO

Roll No. 690069
IBP No. 990905/ 1-03-2012/Cavite
PTR No. 1678611/ 1-02-2012/Dasmarinas
MCLE Compliance No. IV- 111255

Notice

PROSECUTOR JACK MIOF

Office of the City Prosecutor
Imus City, Cavite

CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

ATTY. JEFFREY PARIL

1080 Negros Street, Balic- Balic
Sampaloc, Manila

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village, Palico III, Imus City,
Cavite G r e e t i n g s:

Please submit the foregoing motion for the consideration and approval of the Honorable Office
immediately upon receipt hereof.

RAPHAEL ENRIQUE V. CORONADO

Copy furnished:
CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

ATTY.
JEFFREY PARIL
1080 Negros Street, Balic- Balic
Sampaloc, Manila

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

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FORM NO. 11: MOTION TO CANCEL LIS PENDENS

Republic of the Philippines

REGIONAL TRIAL COURT
Branch 47
Puerto Princesa City, Palawan

ALEX BERMEJO,
Plaintiff, Civil case No. 5524

-versus-
FOR:
DAMAGES
ROEL PONCE DE LEON,
Defendant
x--------------------------------------x

MOTION TO CANCEL LIS PENDENS

Plaintiff, by counsel and to this Honorable Court, respectfully states:

1. Defendant caused the annotation or registration of a notice of lis pendens on the subject matter of
the
instant
suit,

2. 2. Defendant caused the recording of the lis pendens for the purpose of molesting plaintiff, and the
recordal thereof is not necessary to protect his rights to the property, his right thereto, if any, is only
indirect and contingent.

3. The recordal of the lis pendens is prejudicial to plaintiff’s interest to the property because, being
the owner of said property, it is burden and it restricts its transferability by sale, as no one will buy it
during the pendency of the case and for as long as the lis pendens is not canceled.

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RELIEF

WHEREFORE, plaintiff respectfully prays that the notice of lis pendens be ordered cancelled.

Other just and equitable reliefs are likewise prayed for.

City of Puerto Princesa, December 2, 2013

ATTY. FELY Q. BALADAD

Counsel for the plaintiff
Brgy. San Pedro, Puerto Princesa City
Roll No. 75648
IBP No. 0457 - Palawan,
PTR No. 11456788, issued on April 13, 2012,
MCLE Compliance Cert. No. 66587

NOTICE OF HEARING

Atty. Juan S. Magbanua

Counsel for the defendant
Bgy. San Pedro, Puerto Princesa City

Sir:

Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for
hearing on November 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon
thereafter as counsel maybe heard.

ATTY. FELY Q. BALADAD

Counsel for the Plaintiff
Bgy. Sta. Monica. Puerto Princesa City

AFFIDAVIT OF PERSONAL SERVICE

I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say:

That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant in the case entitled
Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served
upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as
follows:

Atty. Arnel Belarmino, counsel for the Defendant, by personal service by delivering personally copy
of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or
initial on the said pleading, this 23rd day of October 2013

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IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013 at Puerto
Princesa City.

JOSEPH D. DAJAY
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto
Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and
appeared with Driver’s License ID No. D11-125477 issued by the Land Transportation Office and
valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as
the same person who personally signed the foregoing instrument before me and avowed under penalty
of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD

Notary Public
Until December 31, 2014

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2013;
FORM NO. 12: MOTION TO CITE WITNESS FOR CONTEMPT Republic of the Philippines
REGIONAL TRIAL COURT
Branch 47
Puerto Princesa City, Palawan

PEDRO MANZANO
Plaintiff, Civil case No. 5524

-versus-
For: DAMAGES

JUAN DE CASTRO
Defendant
x --------------------------------------x

MOTION TO CITE WITNESS FOR CONTEMPT

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. Plaintiff is of legal age and with residence at 335 Malvar Street, Puerto Princesa while respondent
is also of legal age and wit residence at 433 Rizal Avenue, Puerto Princesa City where he may be serve
with summons and other legal processes.

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2. Plaintiff is the Plaintiff I the above –captioned case.

3. On November 3, 20103, upon plaintiff’s application, the curt issued a subpoena for respondent to
appear and testify on December 3, 2013 before the Honorable Court, and said subpoena was served on
him on November 15, 2013 by the sheriff, per letter’s return. Certified true copies of the subpoena and
the sheriff’s return are attached hereto as Annexes “A” and “B”, respectively.

4. Respondent did not honor the subpoena, as he did not appear on the date, time and place indicated
in said subpoena, thereby delaying plaintiff’s presentation of his evidence, as respondent would have
been plaintiff’s last witness.

WHEREFORE, plaintiff prays that after respondent shall have been given the opportunity to be heard,
judgment be rendered punishing him for indirect contempt of court for willful defiance and disregard
of the subpoena served on him on November 15, 2013.
Puerto Princesa City, December 12, 2013.

ATTY. PERCIVAL
JAMES L. LACEBAL
Counsel for the Plaintiff
Bgy. Tanglaw, Puerto
Princesa City
Roll No. 75648
IBP No. 0457 - Palawan,
PTR No. 11456788, issued on April 13, 2012,
MCLE Compliance Cert.
No. 66587

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, PEDRO MANZANO, of legal age and with residence at Lagan St. Puerto Princesa City,
after having been duly sworn, depose and say:

1. That I am the plaintiff in the above entitled complaint.

2. That I have caused the preparation by my counsel of said complaint.

3. That I have read the allegations therein contained, and that the same are true and
correct of my personal knowledge or based on authentic records.

4. That I have not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending therein; and if I should thereafter
learn that the same or similar action or aclim has
been filed or is pending to the court wherein the aforesaid complaint or initiatory
pleading has been filed.

Witness my hand this 23rd day of October 2013 at Puerto Princesa City, Palawan.

PEDRO
MANZANO

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Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto
Princesa and the Province of Palawan this 24 th day of October 2013. Affiant personally came and
appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May
1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same
person who personally signed the foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument

ATTY. PERCIVAL JAMES L.

LACEBAL
Notary Public
My commission expires
on December 31, 2011
PTR No. 906760 issued Jan. 3, 2007
IBP No. 918300 Roll
No. 13466

FORM NO. 13: EX-PARTE MOTION TO DISMISS

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,

Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of
Marriage

ELLEN A. ADARNA,
Respondent
x------------------------------------------x

EX-PARTE MOTION TO DISMISS

Petitioner, to the Honorable Court, most respectfully state that:

This is an action for declaration of nullity of marriage filed on 26 June 2013 on the ground of
psychological incapacity of the respondent.

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Without the knowledge of the petitioner, respondent filed a declaration of nullity of marriage based on
Article 35,par (4) of the Family Code on bigamous and polygamous marriage before the Regional Trial
Court (Branch 143) of Urdaneta City, Pangasinan.

Then sometime in November 2013, petitioner received a copy of the Decision in the said case filed by
respondent the dispositive portion of which states: WHEREFORE, premises duly considered, the
marriage BETWEEN RAPHAEL ENRIQUE V. CORONADO and ELLEN A. ADARNA is hereby
declared void from the very beginning.

SO ORDERED.

PRISCILLA ALMEDA
Presiding Judge

Upon verification with the aforesaid Honorable Court, the said DECISION is now already final and
executory.

Thus, petitioner is constrained to move for the dismissal of this case due to the aforesaid reason.

Other reliefs as are just and equitable under the circumstances are likewise prayed for.

Pasay City, February 14, 2014.

RAPHAEL ENRIQUE V. CORONADO

Petitioner

NOTICE

The Clerk of Court

RTC-Branch 113
Pasay City

G R E E T I N G S:

Please submit the foregoing ex parte motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

RAPHAEL ENRIQUE V.
CORONADO

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

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ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Explanation

This Ex Parte Motion to Dismiss is being filed, with copy thereof furnished the other party, to the
Office of the Solicitor General by registered mail due to the distance of the undersigned from the said
other party, making personal filing and service thereof not practicable.

RAPHAEL ENRIQUE V. CORONADO

FORM NO. 14: JOINT MOTION TO DISPOSE CONJUGAL REAL

PROPERTIES

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,

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Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of
Marriage

ELLEN A. ADARNA,
Respondent
x------------------------------------------x

JOINT MOTION TO DISPOSE CONJUGAL REAL PROPERTIES

HEREIN Parties, by the undersigned counsel, to this Honorable Court respectfully states:

That this Honorable Court rendered a Decision on 06 January 2014 declaring marriage contracted by
herein parties on 17 May 1995 in Imus City, Cavite to be NULL and VOID AB INITIO.

That the aforesaid Decision is now final and executory.

That there is a pressing need to liquidate the two (2) parcels of land with improvement owned by
herein parties described as follows:

TCT No. T-408811

Registered in the name of SPOUSES RAPHAEL and ELLEN A.
CORONADO

A parcel of land (Lot 47, Blk. 29 of the cons.-subd. plan Pcs-04-116928, being a portion of the cons. of
Lots 4762-A, Fls-2076-D, Lot 4762-B-2 (LRC) Psd-99595 & Lot 4755-A, Psd-04-018362, L.R.C.
Rec. No. ), situated in the Bo. of Pag-Asa 1, Mun. of Imus, Prov. of Cavite. Bounded on the NW.,
along line 1-2 by lo37, Blk. 18; on the NE., along line 2-3 by Road 20; on the SE., along lines 3-4-5 by
Road 13; on the SW., along line 5-1 by Lot 35, Blk. 18, all of the cons.-subd. plan. Beginning at a pt.
marked “1” on plan, being N. 16 deg., 18.3., 708.69 m. from Mon. No. 181, Imus Estate; thence N. 63
deg. 01’E., 9.56 m. to pt. 2; thence S.51 deg. 22’E., 10.41 m. to pt. 3; thence S. 5 deg. 48’W., 3.00 m.
to pt. 4; thence S.62 deg. 59’W., 11.93 m. to pt. 5; thence N. 27 deg. 01’W., 12.00 m. to the pt. of
beginning containing an area of ONE HUNDRED FORTY (140) SQ. METERS. All pts. referred to
are indicated on the plan and marked on the ground by P.S. cyl. conc. mons. 15x40 cm.; beatings true;
date of
orig. survey, July 5-6 & 12-13, 1994, and was approved on Sept. 6, 1995.

TCT No. T-050018

Registered in the name of SPOUSES RAPHAEL and ELLEN A.
CORONADO

A parcel of land (Lot 6 Blk. 19 of the cons./subd. plan Pcs-04-015051 being a portion of the cons. of
Lot 4696, Imus Estate, Blk 21, Psd-04-108597 LRC Rec. No. 8843), situated in the Brgy. of Pag-Asa
1, Mun. Of Imus, Prov. Of Cavite, Is. of Luzon. Bounded on the NE.,along lines 1-2-3-4 by Rd. Lot
15; on the SE., along lines 4-5-6-7 by Rd. Lot 16; on the SW., along line 7-8-9-10 by Lot 7 of Blk. 19;
on the NW., along line 10-1 by Lot 5 of Blk. 19, all of the cons./subd. plan. Beginning at a pt. marked
“1” on plan being S. 65-09 E 2477.37 m. from Mon. No. 111, Imus Estate; thence S. 27-39 E., 4.38 m.
to pt. 2; thence S, 24-59 E., 4.38 m. to pt. 3;thence S. 08-57 E., 2.29 m. to pt. 4; thence S. 20-28 W.,

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2.29 m to pt. 5; thence S. 49-53 W., 2.29 m. to pt. 6; thence S. 64-36 W., 7.28 m. to pt. 7; thence N. 21-
49 W., 4.14 m. to pt. 8; thence N. 24-41 W., 4.14 m. to pt. 9; thence N. 27-33 W., 4.14 m. to pt. 10;
thence N. 61-01 E., 11.50 m. to the pt. of beginning, containing an area of ONE HUNDRED FORTY
TWO (142) SQ. M. All pts. referred to are indicated on the plan and are marked on the ground by Ps
cyl. cons. mons. 15x40 cm.; bearings true; date of orig. Survey July 27, 1905- June 11, 1909 and that
of the cons./subd. survey Feb. 15-22, 1998 and was approved on April 8, 2000.

That herein parties mutually and voluntarily agree to divide and liquidate the above-mentioned
conjugal estate in the following manner to wit;

That the parcel of land covered by Transfer Certificate of Title No T-408811 situated in the Bo. of Pag-
Asa 1, Mun. of Imus, Prov. of Cavite registered in the name of SPOUSES RAPHAEL and ELLEN
CORONADO containing an area of ONE HUNDRED FORTY (140) SQ. METERS be assigned
solely in favor of RAPHAEL ENRIQUE V. CORONADO.

4.2 That the parcel of land covered by Transfer Certificate of

Title No TCT No. T-050018 located in Brgy. of Pag- Asa 1, City Of Imus, Prov. Of Cavite registered in
the name of RAPHAEL CORONADO, married to ELLEN CORONADO containing an area of ONE
HUNDRED FORTY TWO (142) SQ. METERS be assigned solely in favor of ELLEN A.
ADARNA.

4.3 That both parties agree that the lot assigned to them by virtue of this disposition shall be
their rightful share in the conjugal assets.

4.4 That both parties have agreed that all taxes/fees/charges for the transfer of ownership
and the issuance of new certificate of title of each assigned parcel of land in their names shall be
shouldered by each party.

WHEREFORE, in view of all foregoing, it is respectfully prayed that an ORDER be issued by this
Honorable Court;

Ordering the corresponding Registrar of Deeds for the Province of Cavite to cancel Transfer Certificate
of Titles TCT No. T-408811 registered in the name of registered in the name of RAPHAEL
CORONADO, married to ELLEN CORONADO, containing an area of ONE HUNDRED FORTY
(140)
SQ.
METERS and ISSUED A NEW CERTIFICATE OF TITLE in favor of RAPHAEL ENRIQUE V.
CORONADO.
Ordering the corresponding Registrar of Deeds for the Province of Cavite to cancel Transfer Certificate
of Titles TCT No. T-050018 registered in the name of RAPHAEL CORONADO, married to ELLEN
CORONADO containing an area of ONE HUNDRED FORTY TWO (142) SQ. METERS and
ISSUED A NEW CERTIFICATE OF TITLE in favor of ELLEN A.
ADARNA.
Other reliefs, which are just and equitable, are also prayed for.

Imus City, for Pasay City, January 9, 2014.

RAPHAEL ENRIQUE V. CORONADO ELLEN A.

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ADARNA

Assisted by:

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:

RICA KAYE O. LOMIBAO

IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

Notice of Hearing

THE CLERK OF COURT

RTC Branch 113
Pasay City

Greetings:
Please be notified that in view of the nature of the foregoing pleading, the undersigned has
requested the Clerk of Court to submit the same to the Honorable Court immediately upon receipt
thereof, for its consideration and approval.

RICA KAYE O. LOMIBAO

FORM NO. 15: MOTION TO EXERCISE VISITATION RIGHTS OF
PETITIONER

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region

BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,

Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of
Marriage

ELLEN A. ADARNA,

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Respondent
x------------------------------------------x

MOTION TO EXERCISE VISITATION RIGHTS OF PETITIONER

Petitioner, by counsel, to this Honorable Court respectfully states:

Since separation de facto of herein parties, petitioner has not seen nor meet
KATHRINE BERNARDO CORONADO, his daughter with herein
respondent. Petitioner’s daughter has been in the custody of respondent ever since he decided to pack
his things and leave the conjugal abode in December 2003 due to unbearable circumstances.
Efforts to visit his daughter proved exceedingly difficult if not almost impossible on the part of the
petitioner due to herein parties’ personal animosity.

Since the separation de facto of herein parties, petitioner has continued to support to his daughter by
depositing the money in the account of the respondent.

Petitioner wishes to exercise his visitation rights over his daughter. Henceforth, petitioner proposed to
pick up her daughter every other Saturday every month in the mall or residence of the respondent or
any other place designated or agreed upon by herein parties to be returned on the same day or the next
day as agreed upon by both parties.

PRAYER

WHEREFORE, it is respectfully prayed that after due notice and hearing, an order by this Honorable
Court enforcing the visitation right over his daughter be issued in favor of the petitioner.

Imus City for Pasay City, 10 December 2013.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:

RICA
KAYE O. LOMIBAO
IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

Notice
THE CLERK OF COURT
RTC Branch 113
Pasay City

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,

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Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Greetings:

Please take notice that on Tuesday, 21 May 2013 at 3:00 o clock in the afternoon, or as
soon as counsel may be heard, undersigned shall submit the foregoing urgent motion for the
consideration and approval of this Honorable Court.

RICA KAYE O. LOMIBAO

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Explanation

The foregoing motion is being filed to the Honorable Court with copy therefore furnished to the
Office of the Solicitor General, Office of the Provincial Prosecutor and to the other party by registered
mails, due to the distance of the undersigned from the said office and other party, making personal
service thereof not practicable.

RICA KAYE O. LOMIBAO

FORM NO. 16: MOTION TO INHIBIT

Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR

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Hall of Justice Compound, Aguinaldo Highway, Imus City

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft
JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
MOTION TO INHIBIT

Complainant, by counsel, to the Honorable Court, alleges that:

The instant complaint was filed sometime in 06 May 2011. However, up to this time, no resolution has
yet been issued by the honorable office;

This has been the case despite several follow-ups made by the complainant and it is very apparent that
there is an unreasonable delay in rendering the resolution to the extreme prejudice of the complainants;

In view of the foregoing, to avoid the appearance of bias and impropriety, it is most respectfully
prayed of the Honorable Office that the honorable investigating prosecutor inhibit himself from
resolving this criminal complaint.

Other reliefs just and equitable are likewise prayed for.

City of Manila, for Imus City, 25 May 2012.

PARIL LAW OFFICE

Counsel for Private Complainant
1080 Negros Street, Balic- Balic
Sampaloc, Manila

by:

JEFFREY PARIL
IBP#941296, Sampaloc Chapter, 12-27-2010
PTR#176413, Sampaloc, Manila, 1-2-2012
Attorney’s Roll No. 48000
MCLE Compliance No. II- 0009569
MCLE Compliance No. III- 0000923
MCLE Compliance No. IV- 0007733

Copy Furnished:

PROSECUTOR JACK MIOF

Office of the City Prosecutor

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Imus City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

EXPLANATION

The foregoing motion is being served to the other party by registered mail due to distance and lack
of office personnel to effect personal service thereof.

FORM NO. 17: MOTION WITH LEAVE TO INTERVENE AND TO

ADMIT ATTACHED COMPLAINT- IN- INTERVENTION

Republic of the Philippines

SUPREME COURT
Manila

WHITE LIGHT CORPORATION,

Plaintiff,

-versus- G.R. DOCKET NO. 868-SC-922-VI

FOR: Petition for Declaratory Relief

CITY OF MANILA, represented by

MAYOR ALFREDO S. LIM,

Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION WITH LEAVE TO INTERVENE AND TO ADMIT

ATTACHED COMPLAINT- IN- INTERVENTION

Movant-Intervenors, by counsel, to this Honorable Court respectfully states:

This is a Complaint for Declaratory Relief with Prayer for a Writ of

Preliminary Injunction and/or Temporary Restraining Order filed on January 2, 2014, to declare
Ordinance 7774 prohibiting the admission of customers on a short- time basis or for a short- time rate
invalid and unconstitutional.

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Herein movants are operators and proprietors of various business establishments in the City of Manila
whose main customers are local tourists and people from far- flung areas in the country having their
vacation in the Metro.

That the passage of the aforesaid Ordinance will adversely affect herein movant’s lawful occupation
and businesses, due to the fact that the establishments they operate are tourist- and people- fueled, and
the passage of the Ordinance in controversy may affect the patronage of the movant’s customers.

The passage of the aforesaid Ordinance 7774 will adversely affect the business operation and
occupation of movants, to their detriment and prejudice.

WHEREFORE, it is respectfully prayed that an order be rendered admitting herein Movants as

Intervenors in the above- entitled case.

Imus City for City of Manila, 7 January 2014.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:

RICA KAYE O. LOMIBAO

IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

Notice

HONORABLE SUPREME COURT

City of Manila

Greetings:
Please submit the foregoing motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

RICA KAYE O. LOMIBAO

FORM NO. 18: MOTION TO LIFT ORDER OF ARREST

Republic of the Philippines

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Fourth Judicial Region

REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft

JASPER SOL CRUZ,

Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO LIFT ORDER OF ARREST

Accused Jasper Sol Cruz, by counsel, to the Honorable Court, most respectfully states that:

That on 20 November 2013, the Honorable Court ordered the arrest of the accused for her failure to
appear during the scheduled hearing on the same date despite due notice;

With the kind indulgence of this Honorable Court, the accused did not neglect her appearance and to
refuse and disobey the lawful orders of this Honorable Court. However, due to the fact that he was
indisposed on the said hearing date, he failed to appear before this Honorable Court. Moreover,
accused hereby undertakes to attend on the said hearing date;

The filing of this motion is not in any manner intended to delay the proceedings and early resolution of
the above- captioned case but is solely for the reasons above-stated;

RELIEF

IN VIEW WHEREOF, it is respectfully prayed of this Honorable Court that the instant motion be
granted and the Order of Arrest dated 20 November 2013, be lifted.

Accused prays for such other reliefs as are just and equitable under the circumstances.

Dasmarinas City, for Imus City, 13 December 2013.

BAQUIRAN, CORONADO & RICAFRANCA

Counsel for Accused Jasper Sol Cruz
2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

by:

RAPHAEL ENRIQUE V. CORONADO

Roll No. 690069

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IBP No. 990905/ 1-03-2012/Cavite

PTR No. 1678611/ 1-02-2012/Dasmarinas
MCLE Compliance No. IV- 111255

Notice of Hearing

PROSECUTOR JACK MIOF

Office of the City Prosecutor
Imus City, Cavite

CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

ATTY. JEFFREY PARIL

1080 Negros Street, Balic- Balic
Sampaloc, Manila

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

G r e e t i n g s:

Please submit the foregoing Motion to Lift Order of Arrest and kind consideration of the Honorable
Court immediately upon receipt hereof.

RAPHAEL ENRIQUE V.
CORONADO

Copy furnished:

PROSECUTOR JACK MIOF

Office of the City Prosecutor
Imus
City, Cavite

ATTY. JEFFREY PARIL

1080 Negros Street, Balic- Balic
Sampaloc, Manila

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

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FORM NO. 19: MOTION TO RELEASE MOTOR VEHICLE

Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft
JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO RELEASE MOTOR VEHICLE

Accused, by counsel, to this Honorable Court respectfully states:

That in the hearing for the Petition for Bail held last 12 December 2013, it was admitted by PO1
Engelbert Villafranca, one of the arresting officers, that a motor vehicle with body number LBI-
XX3499tt and bearing plate number DUO 789 belonging to the accused is in police custody.
Accused maintained that the impounded motor vehicle was not used in the commission of the offense,
nor was it included in the inventory of confiscated items from the accused as admitted by the
prosecution witness PO2 Villafranca during the 12 December hearing.

With all due respect, it is illogical to confiscate, much more retain custody, over the said vehicle, when
the same was not even included in the inventory of property confiscated from the accused.

Truth to tell, the said motor vehicle was being used by the accused to earn a living and that it was
never intended to be used for any illegal purpose;

The continued impounding of said vehicle has directly or indirectly deprived the accused of its work-
related and personal use and has impaired his capacity to earn.

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In addition, continued impounding of said vehicle needless to state, would further caused its
deterioration beyond repair.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that an Order be issued directing PO2
Engelbert Villafranca to turn over the possession of the said vehicle to the accused or his duly
authorized representatives in the interest of justice.

Other reliefs, which are just and equitable, are also prayed for.

Dasmarinas City, for Imus City, 13 January 2014.

BAQUIRAN, CORONADO & RICAFRANCA

Counsel for Accused Jasper Sol Cruz
2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

by:

RAPHAEL ENRIQUE V. CORONADO

Roll No. 690069
IBP No. 990905/ 1-03-2012/Cavite
PTR No. 1678611/ 1-02-2012/Dasmarinas
MCLE Compliance No. IV- 111255

Notice of Hearing:

CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

G r e e t i n g s:

Please
submit
the foregoing motion for the consideration and approval of the Honorable Court on January 25, 2014
at 1:30 p.m. or at such time and date as may be convenient to the Honorable Court.

RAPHAEL ENRIQUE V.
CORONADO

Explanation

Copy of the Motion was furnished to the defendant by private courier due to the distance of the
undersigned from the said party, making personal service thereof not practicable.

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RAPHAEL ENRIQUE V.
CORONADO

Copy furnished:

OFFICE OF THE CITY PROSECUTOR

Imus City, Cavite

SUPT. NORAINAH BALAGUER, PESE

Imus Police Station
Imus City, Cavite

PO1 ENGELBERT VILLAFRANCA

Imus Police Station,
Imus City, Cavite

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FORM NO. 20: MOTION TO RENDER JUDGMENT

Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft
AAA,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO RENDER JUDGMENT

Private Complainant, by counsel, to this Honorable Court respectfully states:

The above-entitled complaint was filed on 06 May 2011.

Respondent should have filed his Answer on 21 May 2011 yet, to date, upon verification with the court
records, respondent AAA has not yet filed the aforesaid Answer.

Private Complainant prays for the speedy resolution of this case as provided for by the Revised Rules
of Court and in consonance with the timeless legal maxim that justice delayed is justice denied.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that a decision be rendered in the above-
entitled case in the interest of justice.

Other
reliefs,
which are just and equitable, are also prayed for.

City of Manila, for Imus City, 25 May 2011.

PARIL LAW OFFICE

Counsel for Private Complainant
1080 Negros Street, Balic- Balic
Sampaloc, Manila

by:

BBB
IBP#941296, Sampaloc Chapter, 12-27-2010

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PTR#176413, Sampaloc, Manila, 1-2-2012

Attorney’s Roll No. 48000
MCLE Compliance No. II- 0009569
MCLE Compliance No. III- 0000923
MCLE Compliance No. IV- 0007733

Copy furnished:

PROSECUTOR CCC
Office of the City Prosecutor
Imus City, Cavite

CLERK OF COURT
Branch 21, Imus City

ATTY. DDD
Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

ATTY. EEE
2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

Greetings:

In view of the nature of the foregoing motion, the undersigned is requesting the Clerk of Court to
submit the same to the Honorable Court immediately upon receipt thereof, for its consideration and
resolution.

AAA

Notice:

CLERK OF COURT

Regional Trial Court

Branch 21, Imus City
Explanation

Copy of the pleading was furnished to the defendant by registered mail due to the distance of the
undersigned from the said parties, making personal service thereof not practicable.

AAA

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FORM NO. 21: MOTION FOR RE-RAFFLE AND TO SET CASE FOR
ARRAIGNMENT

Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 9935-11

FOR: Qualified Theft
JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
MOTION FOR RE-RAFFLE
AND TO SET CASE FOR ARRAIGNMENT

Private complainant, by Counsel, to this Honorable Court respectfully states:

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This is a criminal case for Qualified Theft which was filed on 06 May 2011 before the Office of the
City Prosecutor of Cavite.

On 14 August 2011, the Honorable 3rd Assistant City Prosecutor Jack Miof, finding probable cause,
recommended the filing of Qualified Theft against the accused.

That the case was raffled before the sala of retired Honorable Judge Tori Black.

On 10 December 2011, the Honorable Court issued an Alias Warrant of Arrest against Accused Jasper
Sol Cruz.

Photocopy of the Alias Warrant of Arrest is hereto as Annex “A” for easy reference.

Then on 27 January 2012, accused was arrested by Parañaque Police. He was detained at Parañaque
Police Station 7 and later transferred to Imus Jail. Said accused posted a bail for his provisional
release.

To date, there was no available judge to hear the case thus the undersigned respectfully requests to re-
raffle the same in order to set the case for arraignment considering that the case was filed more than
two years.

Needless to state, the long years of delay in the arraignment of accused has caused untold suffering and
mental anguish on the part of the private complainant.

To make matters worse, said accused has already gone abroad sometime in 2012 in Bahrain during the
pendency of this case.
That based on reliable information, accused Jasper Sol Cruz is again intending to leave the country for
the purpose of absconding and thereby evading prosecution of this case.

That in order to expedite the trial of this case, the undersigned respectfully begged the indulgence of
this Honorable Court that the instant case be reraffled and set for hearing so as not to frustrate the ends
of justice.

WHEREFORE, it is respectfully prayed that this Honorable Court issue an order granting that the
above-captioned case be re-raffled to another sala in order to set the case for arraignment.

Other relief and remedies just and equitable under the premises are prayed for.
Imus City, Cavite, March 6, 2013.

PARIL LAW OFFICE

Counsel for Private Complainant
1080 Negros Street, Balic- Balic
Sampaloc, Manila

by:

JEFFREY PARIL
IBP#941296, Sampaloc Chapter, 12-27-2010
PTR#176413, Sampaloc, Manila, 1-2-2012
Attorney’s Roll No. 48000

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MCLE Compliance No. II- 0009569

MCLE Compliance No. III- 0000923
MCLE Compliance No. IV- 0007733

With conformity:

JACK MIOF
Asst. Provincial Prosecutor

Notice
THE CLERK OF COURT
RTC Branch 21
Imus City, Cavite

Office of the City Prosecutor

Imus City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

Greetings:

Please submit the foregoing Motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

JEFFREY PARIL

Copy furnished:

Office of the City Prosecutor

Imus City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,

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Don P. Campa Avenue, Barrio Uno,

2662 Dasmarinas City, Cavite

Explanation

The foregoing motion is being filed to the Honorable Court and City Prosecutor with copy
therefore furnished to the other party by registered mail, due to the distance of the undersigned from
the said other party, making personal service thereof not practicable.

JEFFREY PARIL

FORM NO. 22: MOTION TO RESET

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,

Petitioner,
-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of
Marriage

ELLEN A. ADARNA, Respondent

x------------------------------------------x

MOTION TO RESET

Petitioner, by counsel, to the Honorable Court, most respectfully states that:

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The hearing of the above-captioned case was set on October 4, 2013 at 8:30 AM.

However, the aforesaid hearing schedule on October 4, 2013 has a conflict with the Global LPO
Conference and Exhibition organized by Global outsourcing Association of Lawyers to be held from
October 7 to 8, 2013 at the New York City BAR Association, 42 West 44th Street New York NY 10036
of which the undersigned is a participant.

Attached herewith is the Delegate Pass issued to the undersigned by the Global outsourcing
Association of Lawyers as Annex “A.”

Henceforth, it is respectfully prayed that the hearing set by the Honorable Court on the same date be
moved to October 24, 2013 at 8:30 AM or at such time and place as may be convenient to the schedule
of the Honorable Court.

Plaintiff prays for such other reliefs as are just and equitable under the circumstances.

Imus City, for Pasay City, 19 September 2013.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:

RICA KAYE O. LOMIBAO

IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

Notice

THE CLERK OF COURT

RTC Branch 113
Pasay City
HON. SOLICITOR GENERAL
134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

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G r e e t i n g s:

Please submit the foregoing Motion to reset and approval of the Honorable Court immediately upon
receipt hereof.

RICA
KAYE O. LOMIBAO
Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Explanation

This motion is being filed, with copy thereof furnished the other parties, by registered mails due to the
distance of the undersigned from the said party, making personal filing and service thereof not
practicable.

RICA KAYE O. LOMIBAO

FORM NO. 23: MOTION TO REVIVE CRIMINAL ACTION AND

FOR THE ISSUANCE OF WRIT OF EXECUTION ON THE
COMPROMISE AGREEMENT

Republic of the Philippines

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 21, Imus City, Cavite
REPUBLIC OF THE PHILIPPINES,
Complainant,

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-versus- CRIMINAL CASE NO.

9935-11
FOR: Qualified
Theft
JASPER SOL CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO REVIVE CRIMINAL ACTION

AND FOR THE ISSUANCE OF WRIT OF EXECUTION ON THE
COMPROMISE AGREEMENT

Plaintiff, by counsel to this Honorable Court respectfully states:

On 17 March 2012, the Honorable Court issued an Order in the above-entitled case, the dispositive
portion of which reads:

Finding the mutual agreement of the parties before the mediator to be meritorious, the same is hereby
APPROVED.

Pending compliance of the Compromise Agreement let the criminal aspect of this case for
ARCHIVED.

SO ORDERED.

Dasmariñas, Cavite, March 17, 2012.

AMERI ICHINOSE
Acting Judge

That the defendant started paying only THREE THOUSAND PESOS on 09 April 2011.

To date, defendant has defaulted in paying his monthly obligation to Plaintiff

Corporation for the last THREE (3) MONTHS. To date, HE HAS ONLY PAID THREE THOUSAND
PESOS ONLY.

That defendant made his last payment on 10 May 2011. On 16 June 2012, plaintiff sent a demand letter
to defendant by registered mail.

Photocopies of the latest Statement of Account of the defendant and the demand letter and proof of
service are hereto attached as Annex “A”, “B” and “B-1” for easy reference.

It bears stressing that par.5 and 6 of the aforesaid Compromise Agreement states that:

That in case of the Second Party’s failure and/or refusal to pay to the First Party any monthly
installment for two (2) cumulative months, it is understood that the remaining balance of the total
obligation shall become due and demandable, without the need of any written demand.

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That in case of breach of the terms and conditions of this Agreement, the Second Party shall pay
THIRTY THOUSAND PESOS (Php 30,000.00) as liquidated damage in case of breach of this
Agreement.

In the latter case, Second Party hereby agree that an Order of the Court for the issuance of the writ of
execution shall be issued outright upon motion for the satisfaction of his remaining civil obligation;

WHEREFORE, premises considered, it is respectfully prayed that the Writ of Execution be issued
against the defendant, ordering him to pay to plaintiff the remaining obligation in the amount of Php
60,000.00 representing the total amount of his civil liability.

Other just and equitable reliefs are likewise prayed for.

City of Manila, for Imus City, 17 July 2011.

PARIL LAW OFFICE

Counsel for Private Complainant
1080 Negros Street, Balic- Balic
Sampaloc, Manila

by:

JEFFREY PARIL
IBP#941296, Sampaloc Chapter, 12-27-2010
PTR#176413, Sampaloc, Manila, 1-2-2012
Attorney’s Roll No. 48000
MCLE Compliance No. II- 0009569
MCLE Compliance No. III- 0000923
MCLE
Compliance No. IV- 0007733

Notice of Hearing

Office of the City Prosecutor

Imus City, Cavite

CLERK OF COURT
Regional Trial Court
Branch 21, Imus City

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

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Greetings:

Please submit the foregoing motion for consideration and approval of the Honorable Court on
August 1, 2011 at 8:30 a.m. or at such time and date as may be convenient to the Honorable Court.
JEFFREY PARIL

Copy furnished:

Office of the City Prosecutor

Imus City, Cavite

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,
Don P. Campa Avenue, Barrio Uno,
2662 Dasmarinas City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,
Aguinaldo Highway, Perpetual Village,
Palico III, Imus City, Cavite

Explanation

The foregoing motion is being filed to the Honorable Court with copy therefore furnished to the
Office of the Provincial Prosecutor and to the other party by registered mails, due to the distance of the
undersigned from the said office and other party, making personal service thereof not practicable.

JEFFREY PARIL

FORM NO. 24: MOTION TO SET CASE FOR PRELIMINARY

CONFERENCE

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 113
Pasay City

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RAPHAEL ENRIQUE V. CORONADO,

Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of
Marriage

ELLEN A. ADARNA,
Respondent
x------------------------------------------x

MOTION TO SET CASE FOR PRELIMINARY CONFERENCE

Petitioner, by counsel, to this Honorable Court respectfully states:

1. This is a petition for the Declaration of Nullity of Marriage filed on 26 June 2013.

2. As the service of Summons to the respondent failed because the respondent was no longer residing
in his given address, petitioner through counsel filed a motion for leave to serve summons by
publication which was subsequently granted.

3. The last day of publication being on 2 August 2013 in Dalaginding, a newspaper of general
circulation, this case can now be set for preliminary conference.

WHEREFORE, plaintiff respectfully prays that the above-entitled case be set for preliminary
conference on ___________________________ or such date available in the court calendar.

Imus, Cavite, 28 August 2013.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:
RICA KAYE O. LOMIBAO
IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

NOTICE

THE CLERK OF COURT

RTC Branch 113
Pasay City

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HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

G r e e t I n g s:

Please submit the foregoing motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.
RICA KAYE O. LOMIBAO

Copy furnished:

THE CLERK OF COURT

RTC Branch 113
Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Explanation

This motion is being filed, with copy thereof furnished the other party, by registered mail due to the
distance of the undersigned from the Honorable Office and said other party, making personal filing and
service thereof not practicable.

RICA KAYE O. LOMIBAO

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FORM NO. 25: MOTION FOR LEAVE TO FILE DEMURRER TO

EVIDENCE

Republic of the Philippines

REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE
9th Judicial Region
DIPOLOG CITY
Branch VI

PEOPLE OF THE PHILIPPINES,

Plaintiff Criminal Case No. 77
-versus-
-for- Murder
JUAN DE LA CRUZ,
Accused x--------------------------x

MOTION FOR LEAVE TO FILE

DEMURRER TO EVIDENCE

The accused through counsel, unto this Honorable Court, most respectfully states:

1. That the prosecution in the above entitled case has already rested its case;

2. That the defense believes that the evidence of the prosecution against the accused is
insufficient to establish the guilt of the accused beyond reasonable doubt, thus, the defense prays for
leave to file demurrer to evidence in accordance with Section 33, Rule 113 of the Rules of Criminal
Procedure.

WHEREFORE, premised on the foregoing consideration and in the highest interest of justice,
it is most respectfully prayed of this Honorable Court that the aforesaid motion be granted.

September 16, 2010. Dipolog City, Philippines.

FORM NO. 26: MOTION WITH NOTICE TO TAKE DEPOSITION REPUBLIC OF THE
PHILIPPINES
REGIONAL TRIAL COURT

National Capital Judicial Region

BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,

Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of
Marriage

ELLEN A. ADARNA,

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Respondent
x------------------------------------------x

MOTION WITH NOTICE TO TAKE DEPOSITION

PETITIONER, by counsel, to this Honorable Court respectfully alleges:

That petitioner would be coming home solely to testify in this case on November 24 to 26, 2013.

The petitioner deems it imperative that he report for work after the last week of November 2013, as his
absence from work might disrupt his monthly remittances to support his three children with
respondent.

In view hereof, it is hereby requested of this Honorable Court that petitioner be allowed to testify prior
to his departure as provided under Section 1 and 14 Rule 23 of the Rules of Court which will continue
from day to day at the same place and time until completed.
Thus in the interest of substantial justice and equity, and considering that petitioner needs to go back to
work abroad after the last week of November 2013 and shall remain there for an indefinite period of
time, petitioner respectfully moves that the Honorable Court allow the taking of his deposition upon
oral examination before the Honorable Presiding Judge pursuant to Rule 23, Section 1, 10 and 15 of
the 1997 Rules of Civil Procedure, within the stated time and date, based on the discretion of the
Honorable Court.

This motion is not in any way intended to delay the proceedings but dictated solely for the reasons
stated above.

WHEREFORE, petitioner respectfully prays that the Honorable Court allow the taking of
deposition upon oral examination of petitioner on 26 November 2013 at 8:30 o’clock in the morning
pursuant to Rule 23 of the 1997 Rules of Civil Procedure on the dates and time stated above.

Petitioner prays for such further or other relief as may be deemed just or equitable under the
premises.

Imus, City for Pasay City, 18 October 2013.

LOMIBAO LAW OFFICE
406
Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:

RICA KAYE O. LOMIBAO

IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

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Notice of Hearing

THE CLERK OF COURT

RTC Branch 113
Pasay City

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Greetings:

Please submit the foregoing motion for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

RICA KAYE O. LOMIBAO

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Explanation

The foregoing motion is being filed to the Honorable Court, Office of the City Prosecutor and to
the other party by personal service with copy therefore furnished to the Office of the Solicitor General
by registered mail, due to the distance of the undersigned from the said Honorable Solicitor General,
making personal service thereof not practicable.

RICA KAYE O. LOMIBAO

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FORM NO. 27: MOTION TO WITHDRAW AS COUNSEL

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 113
Pasay City

RAPHAEL ENRIQUE V. CORONADO,

Petitioner,

-versus-
CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of
Marriage

ELLEN A. ADARNA,
Respondent
x------------------------------------------x

MOTION TO WITHDRAW AS COUNSEL

COMES NOW the undersigned counsel and to this Honorable Court respectfully states that:

She is the counsel of record for the petitioner in the above-entitled case.

Diligent efforts were exerted to communicate with the petitioner in relation to the above-entitled
petition, which proved to be unfruitful. Also, there are some reasons, which are confidential in nature,
thus, the undersigned counsel is constrained to withdraw, as he hereby withdraws his appearance as

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counsel for the petitioner whose conformity hereto cannot be obtained despite previous efforts exerted
by the undersigned counsel.

WHEREFORE, it is respectfully prayed that the appearance of the undersigned counsel for the
petitioner be considered withdrawn.

Imus City, for Pasay City, December 24, 2013.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City
Tel. No. 0917- 8032- 788
Email Add.: [email protected]

by:

RICA KAYE O. LOMIBAO

IBP No. 119739 CAVITE CHAPTER
PTR No. 3181314, Imus City, 1-11-12
Attorney’s Roll No. 58500
MCLE Compliance No. VI-1111201

Notice

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Greetings:

Please take notice that in view of the nature of the foregoing Motion, the undersigned has
requested the Clerk of Court to submit the same for the consideration and approval to the Honorable,

immediately upon receipt hereof.

RICA KAYE O. LOMIBAO

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City

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OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA
316 Palin St., Block 27 Lot 77
Ai- Ai, General Tinio, GMA, Cavite

Explanation

This motion is being filed, with copy thereof furnished the other party, by registered mail due to
the distance of the undersigned from the Court and said other party, making personal filing and service
thereof not practicable.

RICA KAYE O. LOMIBAO

CIVIL AND SPECIAL ACTIONS

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FORM NO. 1: COMPLAINT FOR UNLAWFUL DETAINER

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
City of Manila
Branch 1

KRUL ACOSTA,
Plaintiff,
CIVIL CASE No. 98765
-versus- FOR: Unlawful Detainer

MEGAN VITUG,
Defendant.

x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court,
most respectfully avers:

1. That the plaintiff, KRUL ACOSTA, is of legal age, Filipino citizen, single, with residence and postal
address at 123 Benitez Street, Manila;
2. That the defendant, MEGAN VITUG, is of legal age, Filipino citizen, single, with residence and postal
address at 456 Modesto Street, Manila, where they may be served with summons and other court
processes;
3. The plaintiff is the owner of a land over which an apartment had been constructed located 654 San
Pedro Street, Manila;
4. By virtue of a contract of lease, the plaintiff leased unto the defendant the aforesaid apartment for a
consideration of P5,000.00 a month as rental to be paid within the first ten (10) days of each month
starting November 3, 2011;
5. The defendant failed to pay the agreed rental for several months starting February 19, 2012 up to the
present;
6. On May 3, 2012, the 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 as Annex “A”;
7. Despite said letter of demand which was repeated by oral demands, the defendant failed and still
refused to
pay the
agreed amount of rentals and to vacated the apartment;
8. By reason of failure of the defendant to vacate the premises and to pay the unpaid rentals, the plaintiff
was compelled to file this complaint engaging the services of counsel in the amount of P10,000.00.
WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
that, after hearing, judgment be rendered ordering the defendant:

1. To vacate the subject premises;

2. To pay the amount of P5,000.00 per month as compensation for the reasonable use of the subject
premises until they finally vacate the said premises;
3. To pay the plaintiff the cost of the suit.

City of Manila, September 24, 2012.

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REYES, TOLENTINO AND CRUZ LAW OFFICE

Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila

By:
Louise Reyes
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

City of Manila ) S.S.
I, KRUL ACOSTA, of legal age, Filipino citizen, single and resident of 123 Benitez Street,
Manila, after having been duly sworn to in accord Nance with law do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing complaint and have read the allegations contained
therein;
3. The allegations in the said complaint are true and correct of my own knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or proceeding involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or
claim is pending therein;
5. That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I
hereby undertake to report that fact within five (5) days therefrom to the court or agency where the
original pleading and sworn certification contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with
the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 24th of September 2012, in
the City of Manila.

KRUL ACOSTA

SUBSCRIBED AND SWORN to before me this _______ day of September, 2012, in the City of

Manila, affiant exhibiting to me his Driver’s License No. 12345 issued by the Land Transportation
Office on April 8, 2012 at the City of Manila.

ATTY. NO CASE
Notary Public
My Commission Expires Dec. 31, 2012
Roll of Attorney No. 34567
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

Doc. No. ________

Page No. _______ Book No. _______ Series of
2012.

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FORM NO. 2: COMPLAINT FOR EJECTMENT WITH DAMAGES

Regional Trial Court

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Quezon City, Branch 33

ALIS DI-YAN COMPANY,

Plaintiff,
Civil Case No. 2222
- versus - For: Ejectment

YOKO NGA, Defendant.

x ----------------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a foreign corporation organized and existing under the laws of France with business
address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age,
single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be
served with summons and other pertinent processes.

2. Plaintiff owns that property located at 112 Ocean Drive, Tuna

Compound, Quezon City which it leased to defendant under the terms and conditions stated in the
Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A copy of the
contract is attached as ANNEX A.

3. U
pon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as it
would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiff’s letter to defendant is attached as ANNEX B.

4. Despite demand duly made and received, defendant has refused to vacate the premises and
continues to occupy the property without plaintiff’s consent. Resort to the Barangay conciliation
system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A
Certification to File Action is attached as ANNEX C.

5. Defendant’s act of dispossession has caused plaintiff to suffer material injury because plaintiff’s
business expansion plans could not be implemented despite the arrival of machineries specifically
leased for this purpose at the rental rate of US$500 per month. Defendant’s continued occupation of

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the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand
Pesos (P50,000.00).

WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate
the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the
amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand
Pesos (P50,000.00) for Attorney’s fees.

Other just and equitable reliefs are also prayed for.

Quezon City; 13 April 2007.

(Sgd.) ATTICUS FINCH

Counsel for Plaintiff
[Address]

FORM NO. 3: COMPLAINT FOR SUM OF MONEY

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 101, Makati City
ESTA PADORA,
Plaintiff,
Civil Case No. 000882
- versus - For: Sum of Money

MANGGA GANTSO, Defendant.

x -------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

[2] 1. Plaintiff is a Filipino, of legal age, and resident of 6750 Forbes

Park, Makati City; defendant is also a Filipino, of legal age and resident of 6752, Forbes Park, Makati
City, where he may be served with summons and other processes.

[3] 2. Sometime in January 2005 and over a period of six (6) months, defendant borrowed certain
amounts from plaintiff. Defendant promised to pay these amounts on an installment basis monthly.
These amounts now total Nine Hundred Thousand Pesos (P900,000.00).

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[4] 3. Despite repeated demands, both oral and written, defendant failed or has refused to pay any
amount to plaintiff as no installment payment has even been made. A copy each of plaintiff’s two
(2) demand letters is attached as ANNEX A and B.

4. Resort to the Barangay Conciliation process proved fruitless as defendant failed to appear, despite
notice on him to appear. Thus, a Certification to File Action, a copy of which is attached as ANNEX C,
was issued by the Barangay Chairman.

5. Defendant’s 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 defendant’s unreasonable failure or refusal to pay his due and demandable obligation,
plaintiff was forced to engage the services of counsel to vindicate his 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 Attorney’s
Fees.

Other just and equitable reliefs are also prayed for.

Quezon City for Makati; 13 April 2007.

(Sgd.) ATTICUS FINCH

Counsel for Plaintiff
[Address]

FORM NO. 4: ANSWER WITH COMPULSORY COUNTERCLAIM

Regional Trial Court

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 33, Quezon City

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ALIS DI-YAN COMPANY,

Plaintiff,
Civil Case No. 2222
- versus - For : Ejectment

YOKO NGA,
Defendant.
x ----------------------------------- x

ANSWER
(With COUNTERCLAIM)

DEFENDANT, by counsel, respectfully states that:

Admissions/Denials

1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically
denies the contents insofar as plaintiff’s 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 falseness..

4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative
Defenses below.

Affirmative Defense

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, superceded 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.

Counterclaim

6. 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:

6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his
name and reputation were besmirched by this malicious and baseless suit.

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6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100,000.00)

because he was compelled to secure services of counsel to vindicate his legal rights.

WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the
Complaint and granting defendant’s counterclaim by awarding defendant: (a) One Million Pesos as
Moral Damages, and (b) Fifty Thousand as Attorney’s Fees.

Other just and equitable reliefs are prayed for.

Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE

Counsel for Defendant
[Address]

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FORM NO. 5: CERTIORARI

(Caption and Title)

PETITION

PETITIONER, by counsel, respectfully states that:

1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)

2. (State the date on which copy of Decision was received and/or Resolution on Motion for
Reconsideration, if filed, denied.)

3. (State briefly the facts and circumstances under which the respondent/s exercising judicial
functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to
lack or excess of jurisdiction.)

4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which
is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave
and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to
be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising
from the writ should petitioner be found not to be entitled to the writ.)

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary
course of law, except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached as
ANNEX A.

WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act,
decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction
and/or temporary restraining order issue to ENJOIN any further proceedings by respondents.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCH

Counsel for the Petitioner
[Address]

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FORM NO. 6: PROHIBITION

(Caption and Title)

PETITION

PETITIONER, by counsel, respectfully states that:

1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)

2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion
for Reconsideration, if filed, denied.)

3. (State briefly the facts and circumstances under which the respondent/s whether exercising
judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction.)

4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which
is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave
and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to
be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising
from
the writ should petitioner be found not to be entitled to the writ.)

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary
course of law, except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached as
ANNEX A.

WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to

desist and refrain from further proceedings in the premises, and that after due notice and hearing, a writ
of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings
(in the said action or matter).

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Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCH

Counsel for the Petitioner
[Address]

FORM NO. 7: MANDAMUS

(Caption and title)

PETITION

PETITIONER, by counsel, respectfully states that:

1. (State the capacity of petitioner and respondent/s and their addresses.)

2. (State the facts and circumstances whereby respondent/s unlawfully neglected the performance of
an act which the law specifically enjoins as a duty resulting from an office, trust or station, or
unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is
entitled.)

3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the
ordinary course of law, except this petition.

WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issue
commanding respondent/s forthwith to:
(state the act required to be done), with costs against them.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCH

Counsel for the Petitioner
[Address]

FORM NO. 8: COMPLAINT IN INTERPLEADER

NALI LITO,
Plaintiff,
SCA No.
____________
- versus -

UMA AGAW and INA AGAWAN, Defendants.

x --------------------------------------- x

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COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff and defendants are all of legal age; plaintiff resides at

________________ while defendants reside at _______________ and _______________,
respectively, where they may be served with pertinent notices.

2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner
is. The watch is now in plaintiff’s possession. On or about 5 June 1999, defendants made similar
representations to plaintiff as to ownership of the watch.

3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of
defendants and thus seeks to compel defendants to interplead and litigate their several claims between
themselves.

WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants
to interplead with one another to determine their respective rights and claims and to allow plaintiff to
recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of
this action.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCH

Counsel for Plaintiff
[Address]

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FORM NO. 9:ACTION FOR DECLARATORY RELIEF INA API,

Plaintiff,

- versus -
Civil Case No. 2468

THE CITY COUNCIL

OF QUEZON CITY, Defendant.
x --------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City
Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be
served with notices at Quezon City Hall.

2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to
operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of
P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions
of the Ordinance are, as follows:

(Quote the relevant portions)

3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to
stop even urgent and important calls which may be made only while the person is in transit. It fails to
consider that, due to the worsening traffic conditions in Metro Manila, majority of business is
conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to dictate
important pleadings over the phone while in transit due to the worsening traffic condition. The
Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under
the Ordinance.

4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is
unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and
when such use may lead to confiscation and a fine.

WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and
declare plaintiff’s rights and duties under the Ordinance.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCH

Counsel for Plaintiff [Address]

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FORM NO. 10: QUO WARRANTO

(Caption and title)

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. (State the capacity and address of both plaintiff and defendant.)

2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying
a public office and that plaintiff is entitled to hold the same office.)

3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but
that defendant has unlawfully refused to do so.)

WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding
defendant from occupying the office of ____________ and declare that plaintiff is entitled to the said
office and that he be placed forthwith in possession thereof.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCH

Counsel for the Plaintiff
[Address]

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APPEAL ON CIVIL CASES

FORM NO. 1: NOTICE OF APPEAL

(Caption and Title)

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NOTICE OF APPEAL

DEFENDANT (or plaintiff as the case may be) by the undersigned counsel, hereby files a notice of
appeal from the judgement of this Honorable Court in the above-entitled case, dated
______________, a copy of which was received by counsel on _____________________, and appeals
the same to the Court of Appeals.

( Venue, Date, Signature)

FORM NO. 2: RECORD ON APPEAL

(Caption and Title)

RECORD ON APPEAL

BE IT REMEMEBERED, that on the dates herein respectively mentioned, the following

proceedings were had in the Regional Trial Court of __________________:

1. That on _____________, the plaintiff-appellee filed a complaint against the defendant-

appellant, in the following:

(Copy complaint)

2. That_______________, the defendant-appellant filed his Answer to said complaint, as

follows:
(Copy complaint)
3. That after due hearing, the court, on ______________rendered the following decision:
(Copy
Decision)
4. That on______________, defendant-appellant filed a motion for reconsideration of the
following tenor:
(Copy Motion for reconsideration)
5. That on _______________, the court issued an order denying the said motion for
reconsideration, to wit:

6. That on_____________, defendant-appellant received notice of the said order denying his
motion for reconsideration, and on ___________ filed his Notice of Appeal to the Court of
Appeals as follows:

(Copy notice of appeal)

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WHEREFORE, the defendant-appellant prays for the approval of this Record on Appeal and
that the same be transmitted to the Court of Appeal, together with all the oral and documentary
evidence give and presented at the trial of the above-entitled case.

(Venue, date,signature)

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motionFORM NO. 3: PETITION FOR REVIEW ON CERTIORARI

(Caption and Title)

PETITION FOR REVIEW

PETITIONER in the above-entitled case, and unto this Honorable Court, respectfully avers:

1. That the petitioner is ______________; that the respondent is ____________;

2. That the following, in brief, are facts of this:

SUMMARY STATEMENT OF FACTS

(Here give a summary statement of the matters involved, in numbered paragraphs, attaching
copies of such matters necessary in the determination of the legal issues to be raised, each copy being
marked as Annex “A,”etc.)

3. The following assignment of errors had been made in the Court of

Appeals, to wit:______________________________________ ;

4. That there are special and important reasons consisting mainly of questions of law
justifying a review by this Honorable Supreme Court of the decision of the respondent
Court of Appeals (or Regional Trial Court, Etc., as the case may be). Among said
reasonsare the following:

REASONS FOR ALLOWANCE OF WRIT

(1) (Here raise ony questions of law
(2) Which must be distinctly set
(3) Forth)

5. That attached to this petition is certified copy of the decision of the Court of Appeals ( or

RTC, etc., as the case may be) herein sought to be reviewed, marked “Annex___,”

together with twenty

(20) printed copies of the record of appeal.

PRAYER
WHEREFORE, it is respectfully prayed that this petition for on writ of certiorari be granted.
(Venue,date, signature)

(verification)

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FORM NO. 4: APPELLANT’S BRIEF

(Caption and Title)

STATEMENT OF THE CASE

(Clear and concise statement of the nature of the action)

STATEMENT OF THE FACTS

(A summary of the proceedings, the appealed rulings and orders of the court, the nature of the
judgement and any other matters necessary to an understanding of the nature of the controversy, with
page references to the record)

THE ISSUES/ASSIGNMENT OF ERRORS

ARGUMENT
(Under this heading, the appellant should argue on each assignment of error with page reference to
the record. The authorities relied upon shall be cited by page of the report at which the case begins
and the page of the report at which the citation is found.)

1. First error;
2. Second error; 3. Third error.

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RELIEF

(Under this heading, appellant should make specification of the order of judgment which he seeks)

(Venue, date, signature)

(Explanation)

(Affidavit of Service)

FORM NO. 5: APPELLEE’S BRIEF

(Caption and Title)

BRIEF FOR THE APPELLEE

Appellee, thru counsel, and unto this Honorable Court respectfully submits the brief in answer to that
of the appellant.

COUNTER-STATEMENT OF FACTS

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The statement of facts made by appellant in his brief is so insufficient and inaccurate in many details,
that we prefer to make our own counterstatement of facts as appearing in the records of this case.

(Here, state the facts of the case, with reference to the pages of the record in support thereof, but
without repetition of matters in the appellant’s statement of facts)

ARGUMENT

First alleged error: (here quote the first assignment of error made by appellant in his brief.)
In answer to the above assignment of error allegedly committed by the lower court
_________________ (Here the appellee shall set forth references to the record. The authorities reline
on shall cited by the page of the report of which the case begins and the page of the report at which
the citation is found; viz, Macondray v. Eustaquio, 64 Phil. 446, 456.)

Second alleged error: (Here quote second assignment of error made by the appellant in his brief.)

In answer to the above assignment of error allegedly committed by the lower court
___________________ (Here the appellee shall set forth his arguments in answer to the second
assignment of error, etc.)

IN VIE OF THE FOREGOING, it is respectfully prayed that the appeal interposed by the appellant in
the above-entitled case be dismissed, with cost in both instances.

(Venue, date, signature)

(Explanation)

(Affidavit of service)

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PROVISIONAL REMEDY

FORM NO. 1: COMPLAINT WITH PRAYER FOR ATTACHMENT

Republic of the Philippines

Regional Trial Court
National Capital Judicial Region
Branch 1, Manila

Juan Tamad
Plaintiff,
Civil case no. 11111
For: Sum of Money -versus-

Maria Makiling

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Defendant

x-------------------------------------------------------------x

COMPLAINT
(with prayer for attachment)

Plaintiff, by the undersigned counsel respectfully states that:

1. Plaintiff Juan tamad, of legal age, residing at 22 San Miguel St. Manila; while defendant
Maria Makiling is of legal age, residing at 42 San Antonio St. Manila;
2. Defendand borrowed money from the plaintiff amounting to P100,000 and evidenced by a
promissory note on December 4, 2009, herein attatched as Annex A;
3. The defendant is about to depart the Phiippines with intent to defraud her creditors;
4. There is no sufficient security for the claim sought to be recovered from the defendant in
the instant action, and the amount due to plaintiff is as much as the sum for which the
order of attachment may be granted above all legal counterclaims;
5. Plaintiff is willing to put up a bond for the issuance of the preliminary attachment in an
amount fixed by court, which is not exceeding the amount of plaintiff’s claim;

WHEREFORE, it is respectfully prayed that, pending the hearing of the case, a writ of
preliminary attachment be issued against the property of the defendant to serve as security for
the satisfaction of any judgment that may be recovered herein, and after due hearing on the
principal cause of this action, judgment be rendered against the defendantfor the sum of
P100,000 with interest at the stipulated rate of twelve per centum per annum (12%) from
January 20, 2010 plus cost of the suit.

City of Manila; March 3 2010.

SIGNATURE OF COUNSEL

Certification of non forum shopping

Affidavit for Preliminary Attachment

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FORM NO. 2: COMPLAINT WITH PRELIMINARY INJUNCTION

Republic of the Philippines

Regional Trial Court
National Capital Judicial Region
Branch 1, Manila

Juan Tamad
Plaintiff,
Civil case no. 11111
For: Sum of Money -versus-

Maria Makiling
Defendant

x-------------------------------------------------------------x

COMPLAINT

Plaintiff, by the undersigned counsel respectfully states that:

1. Plaintiff Juan tamad, of legal age, residing at 22 San Miguel St. Manila; while defendant
Maria Makiling is of legal age, residing at 42 San Antonio St. Manila;
2. Plaintiff is engaged in the exclusive distribution of Nike products in the Philippines;
3. Defendant is also engaged in the sale of Nike products in the Phillipines;
4. As a result of defendants acts , plaintiff suffered damage amounting to P500,000 a month

starting January 20, 2010;

5. Defendant continues to commit the act of illegally interfering with the agreement between
plaintiff and Nike;
6. Plaintiff is entitled to the relief demanded in whole or part, such relief consists in the
discontinuing of the acts complained of for a limited time or perpetually;
7. Plaintiff hereby applies for a writ of preliminary injunction to restrain the defendant from
the act herein complained of, and for the purpose offers a bond in such sum this Honorable
Court may fix;

PRAYER

WHEREFORE it is respectfully prayed that, after due notice and having a preliminary injunction be
issuedforthwith to restrain defendant from doing the act complained of, to cease and desist from selling

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products of Nike in the Philippine, and that after trial, said injunction be made permanent, with costs
and such orders which are deemed equitable.
City of Manila March 3 2010.

SIGNATURE OF COUNSEL

VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING FORM NO. 3:

REPLEVIN

Republic of the Philippines

Regional Trial Court
National Capital Judicial Region
Branch 1, Manila

Juan Tamad
Plaintiff,
Civil case no. 11111
For: Replevin -versus-

Maria Makiling
Defendant

x-------------------------------------------------------------x

COMPLAINT

Plaintiff by the undersigned counsel and unto this Honorable court respectfully avers that:

1. Both Plaintiff and defendat are of age and is currently residing at 3

Rose st. Tondo Manila and 4 Rose St. Tondo Manila respectively;
2. Plaintiff is the owner of a certain personal property, namely a Hyundai Starex valued at
P450,000 and more particularly described as follows to wit;

A motor Vehicle namely a 4 cylinder 1999 hyundai starex van rented by the defendant

on January 4 2012 to be used in defendants company outing. Which van defendant failed
to return on the same day agreed upon by both parties.

3. Said property has not been distrained or taken for a tax assessment or seized under a writ
of execution or preliminary attachment or custodial egis.
4. P;aintiff has demanded from defendant the return of said property but the later refuse and
continues to refuse to do so.
5. Plaintiff has executed a performance bond in double the value of the property, in favor of
the defendant, for the return of the property to former if such return be adjudged, and for
the payment of such sum as the defendant may recover in the action.

WHEREFORE it is respectfully prayed that

a. The subject property be delivered to the plaintiff;

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b. Defendant be made for the cost of this suit;

c. The plaintiff be granted such other releifs consistent with law and equity;

City of Manila March 29, 2012.

SIGNATURE OF COUNSEL
VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING FORM NO. 4:
APPLICATION FOR REPLEVIN

Republic of the Philippines

Regional Trial Court
National Capital Judicial Region
Branch 1, Manila

Juan Tamad
Plaintiff,
Civil case no. 11111
For: Sum of Money -versus-

Maria Makiling
Defendant

x-------------------------------------------------------------x

PETITION FOR APPLICATION FOR REPLEVIN

Plaintiff by counsel and by this Honorable court respectfully alleges that:

1. Plaintiff has filed an action for Replevin and damages in the above captioned case against
the defendant, in connection of the refusal of the defendant to return the personal property
of the plaintiff despite repeated demands.
2. Plaintiff have been deprived of the use of said personal property and income as a result of
failure to return property.
3. Plaintiff is ready to and willing to post a bond as the court may fix, executed to the

defendant in case judgment be not in favor of the plaintiff, and for the payment of such
sum as the defendant may recover in the action.

WHEREFORE, plaintiff respectfully prays that said personal property be returned by the
defendant with such other costs by which the court may deem just aunder law and equity.

Manila, Philippines. March 5, 2012.

SIGNATURE OF COUNCEL

NOTICE OF HEARING
SERVICE OF PETITION

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PROOF OF SERVICE

FORM NO. 5: AFFIDAVIT

FOR REPLEVIN

Republic of the Philippines

Regional Trial Court
National Capital Judicial Region
Branch 1, Manila

Juan Tamad
Plaintiff,
Civil case no. 11111
For: Replevin -versus-

Maria Makiling
Defendant

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x-------------------------------------------------------------x

AFFIDAVIT

Plaintiff by the undersigned counsel and unto this Honorable court respectfully states that:

6. Both Plaintiff and defendat are of age and is currently residing at 3

Rose st. Tondo Manila and 4 Rose St. Tondo Manila respectively;
7. Plaintiff is the owner of a certain personal property, namely a Hyundai Starex valued at
P450,000 and more particularly described as follows to wit;

A motor Vehicle namely a 4 cylinder 1999 hyundai starex van rented by the defendant
on January 4 2012 to be used in defendants company outing. Which van defendant failed
to return on the same day agreed upon by both parties.

8. Said property has not been distrained or taken for a tax assessment or seized under a writ
of execution or preliminary attachment or custodial egis.
9. P;aintiff has demanded from defendant the return of said property but the later refuse and
continues to refuse to do so.
10. Plaintiff has executed a performance bond in double the value of the property, in favor of
the defendant, for the return of the property to former if such return be adjudged, and for
the payment of such sum as the defendant may recover in the action.

WHEREFORE it is respectfully prayed that

d. The subject property be delivered to the plaintiff;

e. Defendant be made for the cost of this suit;
f. The plaintiff be granted such other releifs consistent with law and equity;

City of Manila March 29, 2012.

SIGNATURE OF COUNSEL
VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING

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FORM NO. 6: COMPLAINT FOR SEPARATE SUPPORT

COMPLAINT

Plaintiff by the undersigned counsel, and unto this Honorable court, respectfully avers that:

1. Plaintiff and the defendant are wife and husband, respectively, having been married in
______________________________ on __________________________:
2. That out of wedlock (number) of children were born namely:
_________;
3. Up to (date) the marital relations between the plaintiff and the defendant were
harmonious, until (date) when the defendant frequently _______________;

(state the sufficient facts entitling the plaintiff to a separate support)

4. In view of the infidelity of the defendant, the plaintiff was compelled to live separately,
with her minor children;
5. The defendant earns a fixed monthly income of ______________ pesos; while the
plaintiff and her children have nothing, and at present, live on charity of friends;
6. In view of the necessities of the plaintiff and her minor children, the sum of ____ pesos
would be a reasonable amount for the support of the plaintiff and her minor children,
pendete lite;
7. Plaintiff, without the fault on her part, was compelled to file action for separate support,
thereby having incurred the sum of __________ pesos by way of attorney’s fees.

WHEREFORE, it is respectfully prayed that:

1. Pendent elite, the defendant be ordered to pay the plaintiff the sum of __________ pesos
per month;
2. After due hearing on the principal cause of this suit, the defendant be ordered to pay the
plaintiff by way of regular support and maintenance the sum of _____ pesos, payable on
or before the fifth of the month;
3. Plaintiff to recover from the defendant the sum of ________pesos for attorney’s fees and
the cost of the suit.

City of Manila, March 23, 2010.

Signature of counsel

Verification and Certification of non forum shopping.

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CRIMINAL ACTION / INFORMATION

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FORM NO 1: ABDUCTION WITH CONSENT

(CAPTION)

COMPLAINT

The undersigned, _____________, accuses _____________ of the crime of ABDUCTION,

committed as follows, to wit:

That on or about _____________, at about __________ (a.m./p.m.), in the City/Municipality

of _____________, Province of _____________ and within the jurisdiction of this Honorable Court,
the said accused, did then and there willfully, unlawfully and feloniously abduct a woman named
_____________ who is a minor of 14 years while she was on her way home from school, taking and
carrying her away on board a black passenger van, against her will and with lewd designs.

Contrary to law.

_____________, Philippines, __Date__.

COMPLAINANT

(JURAT)

Witnesses:

____________________

____________________

FORM NO. 2: ABDUCTION, FORCIBLE

REPUBLIC OF THE PHILIPPINES)

Province Of____________________) S.S.
City/Municipality Of_____________

x------------------------------------------x

COMPLAINT AFFIDAVIT

I, Alicia Brazil, of legal age, single, Filipino citizen and a resident of 583-D Matibay Street Sta.
Mesa, Manila after having been duly sworn according to law hereby depose and say:

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1. That defendant Julio Jose is of legal age, single, Filipino citizen and resident of 3456
Gitnang-Liko Street, Paco Manila.
2. That the plaintiff works as a paralegal for Walang Lokohan Law Office with an office
located at 678 Marupok Street, Makati City as evidenced by ANNEX ‘A’.
3. That the defendant is a security guard for the same company as evidenced by ANNEX ‘B’.
4. That on or about 10:30 in the evening of February 14, 2014, in the City of Makati,
Philippines, the said accused, with lewd designs, did then and there willfully, unlawfully
and feloniously abducted me while coming out of a toilet in my office by means of force,
violence and intimidation by pulling me and forcing me to walk at the parking lot of the
same office with a gun pointed at the top of my head and hearing death threats from the
defendant should I disobey his wishes.
5. He succeeded in bringing me into his car which is a Toyota Corolla ’98 with plate number
TYU 789, and brought me to his house where the said accused tried to force me to have
sexual intercourse and marry him on several occasions but stops when I start crying.

6. He was able to abduct me for three days leaving me with no means of communication and
locking the door of the house when he goes to work.
7. Eventually, I was able to escape with a help of his landlord named Augusto Celis.

RELIEF

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
that, after hearing, judgment be rendered ordering the defendant:

1. To pay moral damages

2. To pay the plaintiff actual damages for the days that I was not able to go to work
3. To pay the plaintiff the cost of the suit;
4. Such other relief as the court may deem proper.

City of Manila, February 20, 2014.

FADERUGAO-FORTALEZA LAW OFFICE

Counsel for the Plaintiff

Unit 123, Victoria Tower I

Taft Avenue, Manila

By:

Maricris Faderugao

Roll of Attorney No. 98765

IBP No. 12345/2-5-12/Manila

PTR No. 87654/12-22-11/Manila

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CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines)

Province of ____________________) S.S. City/Municipality of _____________)

x-----------------------x

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines, after being sworn in accordance with law, hereby depose and certify that:

(a) I have not theretofore commenced any other action or proceeding or filed any claim involving the
same issues or matter in any court, tribunal, or quasijudicial agency and, to the best of my knowledge,
no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar
action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,

Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by

_____________ who exhibited to me (his/her) Community Tax Certificate No. _____________ issued
at _____________, Philippines on _____________.

Notary Public

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FORM NO 3: ABORTION

INFORMATION

The undersigned, _____________, accuses _____________ of the crime UNINTENTIONAL

ABORTION, committed as follows, to wit:

That on or about _____________, in the City/Municipality of _____________, Province of

_____________ and within the jurisdiction of this Honorable Court, the accused _____________ who
did then and there willfully, unlawfully, feloniously, while having a quarrel with one, ____________,
beat , assault, strike and use personal violence upon the latter, thereby causing an abortion by violence,
but unintentionally.
Contrary to law.

_____________, Philippines, __Date__.

ASSISTANT PROSECUTOR

CERTIFICATION

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FORM NO. 4: ACTS OF LASCIVIOOUSNESS

(CAPTION)

COMPLAINT

The undersigned, _____________, accuses _____________ of the crime of ACTS OF

LASCIVIOUSNESS, committed as follows, to wit:

That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of

_____________, Province of _____________ and within the jurisdiction of this Honorable Court, the
said accused _____________ did then and there willfully, unlawfully, and feloniously embrace the
undersigned, when the latter was about to enter a public toilet, holding her breasts and taking liberties
upon her person by force and against the will of the undersigned.

Contrary to law.

_____________, Philippines, __Date__.

COMPLAINANT

(JURAT)

Witnesses:

____________________

____________________

FORM NO.5: ADULTERY

Republic of the Philippines

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Regional Trial Court

National Capital Judicial Region Branch 1, Manila

Given Tulio
Plaintiff
Criminal Case no. 12345
For: Adultery -Versus-

Marian Rivera
Accused

x--------------------------------------------------------------x

INFORMATION

The undersigned City Prosecutor, upon sworn complaint filed by the offended party, accuses
_____________________ of the crime of adultery, commited as follows:

That in or about and during the months of _______ and ____________ and for some time prior
thereto in the city of ___________, province of____________, Philippines, within the jurisdiction of
the court, the said______, wilfully and feloniously had sexsual intercourse with her
coaccused__________, who is not her husband, while the latter, knowing her to be married, wilfully,
unlawfully and feloniously had carnal knowledge of her.
Contrary to Law.
City of Manila, March 2, 2001.

City Prosecutor Witnesses:

BAIL RECOMMENDED:

Certification

FORM NO.6: BRIBERY

COMPLAINT

The UNDERSIGNED,__________________________, accuses _________, of _____________,

committed as follows, to wit: That on or about _________, at about _____________ in the

_________________, ______________, Philippines, the said accused did then and there willfully,
unlawfully, feloniously, committed BRIBERY, upon the undersigned directly by overt acts to wit: by
means of corrupt solicitation, demanded, accepted and agreed to accept cash bribery payments from a
confidential informant intending to be rewarded in connection with business a series of transactions in
the city of Pasay involving a thing of value P100,000.00. The undersigned executed this affidavit to
attest the truthfulness of the foregoing facts and to support the filing of Criminal Cases against
_______________________________ for violations of ________________________. ___________,
this _____ day of __________, ____.

Offended Party

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SUBSCRIBED AND SWORN to before me this ___ day of _______ at _______________. I

HEREBY CERTIFY that I have personally examined the here in offended party and I am satisfied that
they voluntarily executed and understood their given affidavit.

Judge

WITNESSES:

__________________________

__________________________

FORM NO.7: CONCUBINAGE

(CAPTION)

COMPLAINT

The undersigned, _____________, accuses _____________ of the crime of

CONCUBINAGE, committed as follows, to wit:

That on or about _____________, in the City/Municipality of _____________, Province of

_____________ and within the jurisdiction of this Honorable Court, the accused _____________ who
is the husband of the undersigned Complainant, cohabited and lived together with his co-accused
_____________ as husband and wife in a private dwelling, begetting out of such cohabitation, a child
named _____________, the co-accused _____________ knowing fully well that accused
_____________ was a very much married man.

Contrary to law.

_____________, Philippines, __Date__.

COMPLAINANT

(JURAT)

Witnesses:

____________________

____________________

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FORM NO.8: CORRUPTION OF MINORS

INFORMATION

The undersigned, _____________, accuses _____________ of the crime CORRUPTION OF

MINORS, committed as follows, to wit:

That on or about _____________, in the City/Municipality of _____________, Province of

_____________ and within the jurisdiction of this Honorable Court, the accused _____________ ,
who did then and there willfully, unlawfully, feloniously, maliciously conceal his true name to public
officer , ____________________, duly appointed, qualified and acting as such, and while in the
performance of his duties, asked the said accused for his true name and the said accused then and there
willfully, unlawfully, feloniously and with abuse of confidence and authority, promote and facilitate the
prostitution and corruption of a girl named _____________, a minor of _____________ of age , for the
purpose of satisfying the carnal lust of others.
Contrary to law.

_____________, Philippines, __Date__.

ASSISTANT PROSECUTOR

CERTIFICATION

FORM NO. 9: DAMAGE TO PROPERTY THROUGH RECKLESS IMPRUDENCE

REPUBLIC OF THE PHILIPPINES)

Province Of____________________) S.S.
City/Municipality Of_____________

x------------------------------------------x

COMPLAINT AFFIDAVIT

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I, Frederick Lupito, of legal age, single, Filipino citizen and a resident of 185-C Maganda Street,
Sta. Mesa, Manila after having been duly sworn according to law hereby depose and say:

1. That I am instituting this complaint against Kristian Buenaventura who is of legal age,
Filipino citizen and a resident of 197 Maganda Street Sta. Mesa Manila.
2. That on February 20, 2014, at about 4:00 a.m. Mr. Buenaventura was driving along the
neighbourhood in his Toyota Altis while drunk as evidenced by testimonies of witnesses
on the incident attached hereto as ANNEX ‘A’ and ANNEX ‘B’.
3. Without any extraordinary circumstance that would warrant an accident, his car bumped
the gate of my house, rendering the same to be beyond repair as evidenced by a CCTV
footage attached hereto as ANNEX ‘C’.
4. That in view of the foregoing facts, I am instituting this complaint as the owner of the
aforesaid property.

RELIEF

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
that, after hearing, judgment be rendered ordering the defendant:

5. To pay actual damages in the amount of fifty thousand pesos representing the cost of the
property damaged.
6. To pay the plaintiff the cost of the suit;
7. Such other relief as the court may deem proper.

City of Manila, March 23, 2014.

FADERUGAO-FORTALEZA LAW OFFICE

Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila

By:
Maricris Faderugao
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila
CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines)

Province of ____________________) S.S. City/Municipality of _____________)

x-----------------------x

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines, after being sworn in accordance with law, hereby depose and certify that:

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(a) I have not theretofore commenced any other action or proceeding or filed any claim involving the
same issues or matter in any court, tribunal, or quasijudicial agency and, to the best of my knowledge,
no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar
action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,

Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by

_____________ who exhibited to me (his/her) Community Tax Certificate No. _____________ issued
at _____________, Philippines on _____________.

Notary Public

FORM NO. 10: ESTAFA

(CAPTION)

INFORMATION
The undersigned, _____________, accuses _____________ of the crime of SWINDLING / ESTAFA,
committed as follows, to wit:
That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of
_____________, Province of _____________ and within the jurisdiction of this Honorable Court, the
said accused having received from _____________ a variety of Ready-to-Wear goods valued at

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P_____________ for the purpose of selling the same on commission, under the express obligation of
holding the same in trust for _____________ and to remit the proceeds of thesale of the said goods, if
sold, or to return the same in case of non-sale, within ________ (____) days from receipt thereof,the
said accused did then and there, willfully, unlawfully, and feloniously, misappropriate and convert the
said goods or their proceeds to his own personal use and benefit to the damage and prejudice of
_____________ in the amount of P_____________.
Contrary to law.

_____________, Philippines, __Date__.

PROSECUTOR

Witnesses:

____________________
____________________

(Certification of Preliminary Investigation)

FORM NO. 11: HOMICIDE

(CAPTION)

INFORMATION
The undersigned, _____________, accuses _____________ of the crime of FRUSTRATED
HOMICIDE, committed as follows, to wit:
That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of
_____________, Province of _____________ and within the jurisdiction of this Honorable Court, the
said accused, armed with a jungle knife, and with evident intent to kill, did then and there willfully,
unlawfully, and feloniously assault, attack and wound one _____________ inflicting mortal wounds in
different parts of his body, which would have directly caused the death of said _____________, 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 caused independent of his will, that is, because of
the timely medical assistancerendered on the said _____________.
Contrary to law.
_____________, Philippines, __Date__.

PROSECUTOR
Witnesses:
____________________
____________________

(Certification of Preliminary Investigation)

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FORM NO. 12: HOMICIDE THROUGH ABORTION

(CAPTION)

INFORMATION

The undersigned, _____________, accuses _____________ of the crime of HOMICIDE

THROUGH ABORTION, committed as follows, to wit:

That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of

_____________, Province of _____________ and within the jurisdiction of this Honorable Court, the
said accused, armed with a jungle knife, and with evident intent to kill, did then and there willfully,
unlawfully, and feloniously assault, attack and wound one _____________ inflicting mortal wounds in
various parts of his body resulting to his instantaneous death.

Contrary to law.

_____________, Philippines, __Date__.

PROSECUTOR
Witnesses:

____________________

____________________

(Certification of Preliminary Investigation)

FORM NO. 13: LIBEL

REPUBLIC OF THE PHILIPPINES)

Province Of____________________) S.S.

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City/Municipality Of_____________

x------------------------------------------x

COMPLAINT AFFIDAVIT

I, Christina San Juan, of legal age, single, Filipino citizen and a resident of 163-D Maganda Street Sta.
Mesa, Manila after having been duly sworn according to law hereby depose and say:

1. I am instituting this complaint affidavit against Reklamador Swanget who is of legal age,
single, Filipino citizen and resident of 728 Santol Street, Bacood Manila.
2. Plaintiff is the dean of the College of Communication in Polytechnic College of Manila
with good standing as evidenced by ANNEX ‘A’.
3. Defendant is the editor-in-chief of ‘The Insider’ which is the official student publication of
Polytechnic College of Manila.
4. That on March 15, 2014, the student publication released 2,500 copies of their latest issue
with an article entitled, “They Who Should Be Famous – For the Wrong Reasons” written
by the defendant as evidenced by ANNEX ‘B’.
5. That in the same article, this statement was found, “Dean Christina San Juan is
incompetent in her position but could not be replaced by a better faculty member because
of her romantic affair with a married man up in the ranks of PCC administrative
officials”. I vehemently deny any truth to this allegation by the defendant.
6. The statement was read by my colleagues and bosses and I was called for an emergency
meeting on March 16, 2014 and was asked to take a leave of absence by the board for 60
days without pay as evidenced by ‘ANNEX C’.
7. As a direct and proximate result of the defamatory statement, I suffered injury to my
reputation including shame, mortification, hurt and emotional distress and was deprived of
earning opportunity by virtue of the salary that I was supposed to get had I not been
ordered to take a leave of absence for 60 days without pay in the amount of Php 80,000.00

RELIEF

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
that, after hearing, judgment be rendered ordering the defendant:

8. To pay moral damages

9. To pay actual damages in the amount of eighty thousand pesos representing the salary of
the plaintiff for two months
10. To pay the plaintiff the cost of the suit;
11. Such other relief as the court may deem proper.

City of Manila, March 20, 2014.

FADERUGAO-FORTALEZA LAW OFFICE

Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila

By:
Maricris Faderugao
Roll of Attorney No. 98765

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IBP No. 12345/2-5-12/Manila

PTR No. 87654/12-22-11/Manila

CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines)

Province of ____________________) S.S.

City/Municipality of _____________)

x-----------------------x

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines, after being sworn in accordance with law, hereby depose and certify that:

(a) I have not theretofore commenced any other action or proceeding or filed any claim involving the
same issues or matter in any court, tribunal, or quasijudicial agency and, to the best of my knowledge,
no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar
action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,

Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by

_____________ who exhibited to me (his/her) Community Tax Certificate No. _____________ issued
at _____________, Philippines on _____________.

Notary Public

FORM NO. 14: MALVERSATON

(CAPTION)

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INFORMATION

The undersigned, _____________, accuses _____________ of the crime MALVERSATION,

committed as follows, to wit:

That on or about _____________, in the City/Municipality of _____________, Province of

_____________ and within the jurisdiction of this Honorable Court, the accused _____________ who
is acting as cashier of said court, and as such accountable for the public funds collected and received
by reason of his position, in the way of fees, cost and bonds, willfully, unlawfully, and feloniously, and
with grave of abuse of confidence, misappropriated, misapplied, and embezzled and converted to his
own personal use and benefit, from said funds, the sum ____________________, Philippines currency,
to great detriment of public interest.

Contrary to law.

_____________, Philippines, __Date__.

ASSISTANT PROSECUTOR

CERTIFICATION

FORM NO. 15: MURDER

(CAPTION)

INFORMATION

The undersigned, _____________, accuses _____________ of the crime MURDER,

committed as follows, to wit:

That on or about _____________, in the City/Municipality of _____________, Province of

_____________ and within the jurisdiction of this Honorable Court, the accused _____________ , did
then and there, with malice aforestated and with deliberate intent to take the life of ____________,
willfully, unlawfully, feloniously, suddenly, unexpectedly, and treacherously attack the latter with a
knife, first wounding him in the chest, and afterwards, when enfeebled and unable to defend himself,
again in the stomach, both wounds being necessarily mortal, thereby causing the direct and immediate
death of said ___________________.

Contrary to law.

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_____________, Philippines, __Date__.

ASSISTANT PROSECUTOR

CERTIFICATION

Witnesses:

FORM NO. 16: PARRICIDE

REPUBLIC OF THE PHILIPPINES)

Province Of____________________) S.S. City/Municipality
Of_____________ x------------------------------------------x

COMPLAINT AFFIDAVIT

I, Roberto Nores, Filipino, 65, male, single, and a resident of 60 Pureza Street Sta. Mesa, Manila,
Philippines, after being sworn to in accordance with law, depose and state:

1. Defendant Carles Nores, is my son residing at the same house at Pureza Street Sta. Mesa,
Manila, Philippines;
2. That, at around 10:00 in the evening of October 29, 2012, after dinner, my son arrived at our

house;
3. That, he saw my wife, Cecilia Nores in the kitchen washing the dishes, the kitchen being at
least 5 feet from the dining table;
4. Without provocation, the defendant pulled a knife from the sink and proceeded to stab my wife
with it.
5. That, upon seeing what my son did, rushed to my wife’s aid and called the hospital;
6. That, upon seeing that I was approaching he left immediately without even saying anything;
7. Upon calling for medical assistance and reaching the hospital, my wife was dead on arrival
because of severe blood loss from the stabbing;
8. After attending to my wife, I reported the said incident to the nearest police station. A true and
faithful machine copy of the police report is hereby attached here as “Annex A”;
9. I am therefore executing this Complaint-Affidavit against my son Carles Nores who may be
served with subpoena and other processes of this Honorable Office at his residence at 60
Pureza Street, City of Manila, Philippines;

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RELIEF

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
that, after hearing, judgment be rendered ordering the defendant:

12. To pay moral damages

13. To pay the plaintiff the cost of the suit;
14. Such other relief as the court may deem proper.

City of Manila, March 20, 2014.

FADERUGAO-FORTALEZA LAW OFFICE

Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila

By:
Maricris Faderugao
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines)

Province of ____________________) S.S. City/Municipality of _____________)

x-----------------------x

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines, after being sworn in accordance with law, hereby depose and certify that:

(a) I have not theretofore commenced any other action or proceeding or filed any claim involving the
same issues or matter in any court, tribunal, or quasijudicial agency and, to the best of my knowledge,
no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar
action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,

Philippines.

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AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by

_____________ who exhibited to me (his/her) Community Tax Certificate No. _____________ issued
at _____________, Philippines on _____________.

Notary Public

FORM NO. 17: PHYSICAL INJURIES

REPUBLIC OF THE PHILIPPINES)

Province Of____________________) S.S. City/Municipality
Of_____________ x------------------------------------------x

COMPLAINT AFFIDAVIT

I, Jason Dyer, 25 years of age, single, Filipino citizen, a resident of Brgy. Bayanihan, Butuan
City, after having been sworn to in accordance with law, do hereby depose and state:

1. That on November 1, 2011 at around 6 o’clock in the evening while I was heading home
from the cemetery, I met Redentor Toro, Sr. at the corner of Intino Building along J. C.
Aquino Avenue;
2. That without warning, he suddenly attacked me with a 2x2 piece of wood while saying
“layuan mo sya! akin sya!” ;
3. That despite being gripped to stop by the bystanders nearby, he still kept on attacking me
while shouting “mang-aagaw ka!” ;
4. That due to the said incident, I suffered a 8-inch wound in my head, a fractured left leg
and two broken ribs due to the severe beating, and has been hospitalized for 16 days and
advised to a complete rest for 4 weeks or more until my leg brace will be removed and my
ribs will be completely healed.

5. I am executing this complaint-affidavit in order to file a case of Serious Physical Injuries

against Redemtor Oja, Sr.

RELIEF

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
that, after hearing, judgment be rendered ordering the defendant:

15. To pay moral damages

16. To pay actual damages in the amount to be proved in court
17. To pay the plaintiff the cost of the suit;
18. Such other relief as the court may deem proper.

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City of Manila, March 23, 2014.

FADERUGAO-FORTALEZA LAW OFFICE

Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila

By:
Maricris Faderugao
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines)

Province of ____________________) S.S. City/Municipality of _____________)

x-----------------------x

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines, after being sworn in accordance with law, hereby depose and certify that:
(a) I have not theretofore commenced any other action or proceeding or filed any claim involving the
same issues or matter in any court, tribunal, or quasijudicial agency and, to the best of my knowledge,
no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar
action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,

Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by

_____________ who exhibited to me (his/her) Community Tax Certificate No. _____________ issued
at _____________, Philippines on _____________.

Notary Public

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FORM NO. 18: ROBERRY

INFORMATION

The undersigned, _____________, accuses _____________ of the crime ROBBERY ,

committed as follows, to wit:

That on or about _____________, in the City/Municipality of _____________, Province of

_____________ and within the jurisdiction of this Honorable Court, the accused _____________ who
did then and there willfully, unlawfully, feloniously, with intent to gain and by force upon things to
wit: by forcibly breaking open with blunt instrument a wardrobe belonging to __________________,
take and carry away therefrom a gold neck chain set with three diamonds and four diamonds valued at
_____________________, to the damage and prejudice of the said owner in the sum.
Contrary to law.

_____________, Philippines, __Date__.

ASSISTANT PROSECUTOR

CERTIFICATION

FORM NO. 19: THEFT

INFORMATION

The undersigned, _____________, accuses _____________ of the crime THEFT, committed

as follows, to wit:

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That on or about _____________, in the City/Municipality of _____________, Province of

_____________ and within the jurisdiction of this Honorable Court, the accused _____________ who
did then and there willfully, unlawfully, feloniously, with intent to gain and by force upon things to
wit: by forcibly breaking open with blunt instrument a wardrobe belonging to __________________,
take and carry away therefrom a gold neck chain set with three diamonds and four diamonds valued at
_____________________, to the damage and prejudice of the said owner in the sum.
Contrary to law.

_____________, Philippines, __Date__.

ASSISTANT PROSECUTOR

CERTIFICATION

FORM NO. 20: SEDITON

INFORMATION

The UNDERSIGNED, __________________________, accuses _________, of _____________,

committed as follows, to wit: That on or about _________, at about _____________ in the
_________________, ______________, Philippines, the said accused did then and there willfully,
unlawfully, feloniously, committed SEDITION , upon the undersigned directly by overt acts to wit: by
means of violence against lawful civil authority with the intent to cause Makati Mayor Binay

overthrow . The undersigned executed this affidavit to attest the truthfulness of the foregoing facts and
to support the filing of Criminal Cases against _______________________________ for violations
of ________________________. ___________, this _____ day of __________, ____.

Offended Party
SUBSCRIBED AND SWORN to before me this ___ day of _______ at _______________. I
HEREBY CERTIFY that I have personally examined the here in offended party and I am satisfied that
they voluntarily executed and understood their given affidavit.

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Judge

WITNESSES:

__________________________

FORM NO. 21: QUALIFIED TRESPASS TO DWELLING

INFORMATION

The undersigned, _____________, accuses _____________ of the crime QUALIFIED

TRESPASS TO DWELLING , committed as follows, to wit:

That on or about _____________, in the City/Municipality of _____________, Province of

_____________ and within the jurisdiction of this Honorable Court, the accused _____________ , a
private person and without any justifiable cause, entered the house of ______________, against the
will of the latter.
Contrary to law.

_____________, Philippines, __Date__.

ASSISTANT PROSECUTOR

CERTIFICATION

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CRIMINAL PROCEEDING

FORM NO. 1: Motion to Release Cash Bail Bond

(caption)

EX PARTE MOTION TO RELEASE BAIL

DEFENDANT, unto this Honorable Court, most respectfully moves for the release of his Bail Bond in
the above-captioned case, alleging as follows:

1.That the herein Defendant has posted Cash Bail Bond for his provisional liberty during the pendency
of the above-captioned case, as evidenced by Official Receipt No. _____________, dated
_____________, a copy of which is hereto attached as Annex “A” and made an integral part hereof;

2.That in the Judgment of the Honorable Court promulgated on _____________, the herein Defendant
was acquitted of all charges and liabilities;

3.However, the said Judgment failed to provide for the release of the Bail Bond posted by the herein

accused.

PRAYER
WHEREFORE, in view of the foregoing, Defendant most respectfully prays that his Cash Bail Bond
be released.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

DEFENDANT

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FORM NO. 2: AFFIDAVIT OF DESISTANCE

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S.S.

(the persons and circumstances below is fictional, please revise)

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila,
after having duly sworn to in accordance with law hereby depose and state:

1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in
the case entitled "People of the Philippines versus Jesus Santos", Criminal Case No.
12345, Metropolitan Trial Court, Branch No. 11, City of Manila.

2. After my sober and soul searching assessment and analysis of the incident, I have
realized that because I was not wearing my eyeglasses and it was dark, I can not
point out, without a doubt the accused or any other person/s who inflicted harm
against me.

3. Since I could not state with certainty and without doubt the liability of Jesus Santos,
in fairness to him, I am permanently withdrawing my complaint against him. I clear
him of whatever responsibility or liability to me.

4. I hereby inform the City Prosecutor of Manila that I

am withdrawing my complaint for Serious Physical Injuries in Criminal Case No.
12345 entitled"People of the Philippines versus Jesus Santos", Metropolitan Trial
Court, Branch No. 11, City of Manila.

5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to
dismiss with prejudice the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this __ day of September 20__ at

the City of Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City of
Manila, Philippines.

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Romeo Abad
Public Prosecutor

FORM NO. 3: AFFIDAVIT OF DESISTANCE THEFT

Republic of the Philippines)

Province of_________________) S.S. City/Municipality of ____________)
x------------x

AFFIDAVIT OF DESISTANCE

I,__________, of legal ages, Filipino,(single / married / widow), and a resident of ____________,

Philippines, after having been duly sworn in accordance with law, hereby depose and say:

That I am the private complainant in the criminal case entitled

"____________"; for Theft docketed as____________before___________Trial Court,
Branch
_____,__________City, Philippines;

That I found out that the said accused at the time of the incident was not in his right mind and did not
know that what he was doing was wrongful and criminal considering that he was suffering from
Schizophrenia, Paranoid Type in acute exacerbation as certified to by
Dr.____________of____________;
That the items taken by the accused, consisting of____________and____________were immediately
recovered from him and their values had been voluntarily reimbursed by the relatives of the said

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Accused;

In view of the foregoing, I finally manifest that I now completely and absolutely exonerate the
accused__________from any liability in connection with the above-mentioned criminal case and that I
am no longer interested, and I hereby desist, in prosecuting the said criminal case;

That I execute this Affidavit of Desistance so that the abovementioned criminal case be immediately
dismissed and considered finally closed and the bond posted by the herein accused be released to him;

As such, I am respectfully praying that the aforementioned case against the Accused____________ be
dismissed and finally closed.

IN WITNESS WHEREOF,I have hereunto set my hand this____________at__________City,

Philippines.

Affiant

(JURAT)

Form No 4: AFFIDAVIT OF DESISTANCE VIOLATION OF BP 22

Republic of the Philippines)

Province of _________________) S.S. City/Municipality of____________)
x----------x

AFFIDAVIT OF DESISTANCE

I,___________, of legal age, Filipino and a resident of Bacolod City, after having been duly sworn in
accordance with law, hereby depose and say:

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1.That I am the private complainant in the Criminal

Cases Nos.____________to____________entitled "People of the Philippines vs._____________"; for
Violation of Batas Pambansa Bilang 22 pending before the Municipal Trial Court, Branch______,
____________City,
Philippines.

2.In this regard, the accused___________has already paid in full the amount represented by the checks
subject of the above-mentioned cases, to with:
Criminal Case No.Check No.Amount

3.That in view of the payment in full by the accused, I would like to manifest that I am no longer
interested in the prosecution of the aforementioned criminal cases and I am respectfully requesting the
Honorable Public Prosecutor to move for the dismissal of the aforementioned cases against the
accused.

IN WITNESS WHEREOF, I have hereunto set my hand this_____________ at___________,

Philippines.

AFFIANT

(JURAT)

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FORM NO. 5: Comment on Formal Offer of Evidence

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 33, TAGUIG CITY

KRIS AQUINO,
Plaintiff, CIVIL CASE NO. 189-09
FOR: DAMAGES
- versus –

MELDY MARCOS, Defendant.

X------------------------------X

COMMENT ON THE FORMAL OFFER OF DEFENDANT’S EVIDENCE

PLAINTIFF, thru undersigned counsel, in the above-entitled case, and unto this Honorable
Court most respectfully manifests her comments and objections to the Defendant’s Formal Offer of
Evidence for the following reasons:

EXHIBIT DESCRIPTION COMMENT/OBJECTION

Exhibit 1-1 Official Receipt of Tiffany Plaintiff admits the same with
Circlet Triple Drop reservation as to its
Necklace genuineness and due
execution.
Exhibit 1-2 Official Receipt of Frank Same as above.
Gehry Morph Earrings
Exhibit 1-3 Official Receipt of Same as above.
Diamonds by the Yard
Bracelet
Exhibit 1-4 Official Receipt of Tiffany Same as above.
Metro Ring
Exhibit 1-5 Official Receipt of Lucinda Same as above.
Ring
Exhibit 2 Hotel Security Camera Exhibit “2” should not be
Footage admitted for being irrelevant

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and merely circumstantial. The

mere fact of being recorded as
the only person entering the
suite does not sufficiently
prove that Plaintiff was the one
who took the jewelry as the
exact time and circumstances
of the loss have not been
conclusively established.
Exhibit 3 Official Incident Report Plaintiff admits the same but
From Hotel Security with reservation as to its
genuineness and due execution
and comments that the same is
merely circumstantial and
insufficient to establish that
Defendant did not publicly
impute a crime to Plaintiff and
utter defamatory words against
the latter in front of the Bride’s
wedding party in Suite 1051
on 10 October 2009.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that this Honorable Court take
cognizance of the matters herein set forth and exclude the object evidence identified above.

Other reliefs just and equitable are likewise prayed for.

Makati City for the City of Taguig, 4 February 2010.

PROOF OF SERVICE

I,
Speedy Gonzales, messenger of Atty. Jonathan Nepomuceno, herein counsel for Plaintiff Kris Aquino,
hereby certify that I personally delivered Plaintiff’s Comment to Defendant’s Formal Offer of
Evidence dated 4 February 2010 to Atty. Laurice Marie Angela Austria, counsel for the Defendant,
with address at 8th Floor, Strata 4000 Towers, Emerald Ave., Pasig City. The Comment to Defendant’s
Formal Offer of Evidence was received by counsel personally.

SPEEDY GONZALES

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SUBSCRIBED AND SWORN to before me this 4TH day of February 2010 at Makati City, Metro
Manila, personally appeared affiant SPEEDY GONZALES and exhibiting to me his Driver’s License
with License No. N-12345, issued at the Quezon City on 14 February 2008.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2010

FORM NO. 6: Pre-Trial Brief

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 112

DEREK RAMSEY,
Plaintiff,

- versus - Civil Case No. 100110

For: Collection of sum of money

JOHN LLOYD,
Defendants.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial

Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

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POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably, subject to a concrete proposal that is fair and
reasonable and a reciprocal manifestation of openness from defendant,

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff respectfully submits that the
desired terms of any amicable settlement would involve, first, an admission of amount due and owing
to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant failed to pay the purchase price of FIVE HUNDRED THOUSAND
PESOS (Php 500,000.00) for the Rolex watch delivered to the defendant.

2.2 Defendant raise as defenses that no sale ever transpired and that the checks issued to Mr. Ramsey
were stolen and the defendant’s signature forged.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer, i.e., their personal
circumstances and the existence of the bank account and corresponding checks.

IV. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issue is subject to proof:

4.1.1. The loss of the defendant’s checks as the cause for the account’s closure and forgery of
his signature

4.2. Defendant submits that the following issues are subject to proof:

4.2.1. There was a contract of sale with the plaintiff;

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Ms. Shaina Magdayao, to establish that the plaintiff and defendant actually met at
the Shangri-La Makati Hotel, that the Rolex was the subject matter of a contract of sale
between the plaintiff and defendant, and that the defendant paid in cash FOUR HUNDRED
THOUSAND PESOS
(P400,000) and issued the checks covering the balance;
5.1.2 Ms. Cristine Reyes, manager of the hotel restaurant, as witness to the meeting and
the transaction;
5.2. Plaintiff reserves the right to present any and all documentary evidence, which shall
become relevant to rebut defendants’ claims in the course of trial as well as any other witnesses whose
testimony will become relevant to belie defendants’ witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff does not intend to avail of discovery at
this time;

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6.2. Subject, however, to a concrete and reasonable request for discovery from defendant, plaintiff
reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES

March 17, 2011, March 23, 2011, March 30, 2011 and April 4, 2011

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LABOR CASES

FORM NO. 1: POSITION PAPER

Republic of the Philippines

Department of Labor and Employment NATIONAL LABOR RELATIONS
COMMISSION
National Capital Region Arbitration Branch
Quezon City

JESUS T SOCORRO,
Complainant, NLRC-RAB Case No.
NCR-07-11054-11

- versus -
Hon. Labor Arbiter
ROMELITA N RIOFLORIDO

UNISPORT MARKETING CORP., JOSE YU, ELEANOR YU

OCAMPO,
Respondents.
x ---------------------------------------------x

P O S I T I O N PA P E R

COMPLAINANT, through the undersigned counsels and to this

Honorable Office, most respectfully submits this Position Paper –

PREFATORY STATEMENT

When a person has no property, his job may possibly be his ONLY possession or means of livelihood
and those of his dependents.

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When a person loses his job, his dependents suffer as well. The worker should therefore, be
protected and insulated against any arbitrary deprivation of his job1.

The esteemed educator, economist, author and dedicated freemason Dean Conrado F.
Benitez, always reminded his brother masons that:
“One of the five cardinal principles of our Constitution is the promotion of
social justice ‘to insure the well-being and economic security of all the people’ which
‘should be the concern of the State’. But Social Justice should not be the concern of
the State alone. It should be the concern of all successful citizens whose success is
possible only in a free society that enables them to succeed according to their
individual merit and initiative. Hence, the Christian and democratic duty of giving
and sharing, for verily, “it is more blessed to give than to receive”.2

Unfortunately, nowadays this exhortation finds application more in its violation than in its observance
especially in the treatment by the employer of his worker. Hence, in case of severance from
employment, the poor laborer has no one else to turn to but the State alone.

This call for aid is brought to fore once again in the instant complaint. A hapless employee who, after
spending the best years of his life with the same employer was constructively dismissed from
employment through a series of discriminatory and oppressive acts.

ACTION

This is a complaint for illegal constructive dismissal with claim for payment of backwages, moral and
exemplary damages, unpaid commissions, separation pay and attorney’s fees.

THE
PARTIES

1. Complainant, prior to his severance from employment worked as a Sales Manager at

Unisport Marketing Corporation, with residence at No 4 Garden Groove St., Park Place Village,
Cainta, Rizal, 1900, and for purposes of this case, is duly represented by the JAWID LAW OFFICE
through the undersigned counsels where he may be served with summons and other processes of this
Honorable Office;
1 Philips Semiconductors [Phils.], Inc v Fradiquela, G.R. No 141717, April 14, 2004.
2 underscoring and emphasis supplied; Sovereign Grand Commander’s Message (MW
Conrado Benitez, PGM), Christmas Thoughts, Far Eastern Freemason, from the
compilation, Reynold S.
Fajardo, Conrado Benitez, the Mason, p. 209.

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2. On the other hand, Respondent UNISPORT MARKETING CORPORATION

(UNISPORT, for brevity) is a corporation duly organized and existing under the laws of the Republic
of the Philippines with principal office at 497 President Quirino Avenue., Ext., Corner Zulueta
St., Paco, Manila, NCR 1007. Co-Respondents Jose Yu and Eleanor Yu Ocampo are the President
and Vice-President of UNISPORT, respectively.

FACTS OF THE CASE

3. Complainant started working for UNISPORT in September 1998 initially under Bradgate
Marketing Corporation (Marketing Office of UNISPORT). Mr Jose Yu (Mr Yu), the company president
offered him a job under its Sales Department. As the department then was experiencing trouble in
marketing and selling their REVA products (slippers), Complainant literally organized and developed
measures intended to promote and increase the sales output of UNISPORT;

4. Considering that the marketing office of UNISPORT only started in July 1998 and
Complainant was engaged only two (2) months after as sales manager, he performed the following
activities to strengthen the marketing office, to wit:
a) He systematized Customer Lists nationwide;
b) He formatted several sales document needed to process Sales Order;
c) Initially, he was also involved in the Production, Costing,
Distribution, Collection and Merchandising of the Product;
d) He established Planning and Marketing Strategies and Sales
Program to boost Input Orders from customers;
e) Complainant was also responsible for training Eleanor Yu Ocampo, the daughter of the
President and also the Vice President of UNISPORT. He introduced her to various
longtime clients and storeowners alike to have her familiarize with UNISPORT’s
prospective customers;

5. The effort put forth by Complainant eventually paid off. From UNISPORT’s humble
beginnings, its Reva Brand was able to have a place of its own in the entire Philippine market - Luzon,
Visayas and Mindanao;

6. In November 2007, although Complainant had completed and reached the sales
quota for that year-end, Respondent Ocampo sought additional sales of THREE MILLION

PESOS (PhP3 Million) in the Visayas area. In as much as Complainant did not want to
disappoint her, Complainant proceeded to Visayas and tried to pull-off once more the sales. This
is in spite of the fact that it was nearing December and it is difficult to

get orders at that time since most of the products by then, should have been already out in the stores;

7. Because of additional leg-work required and too much stress, Complainant suffered a
stroke on December 10, 2007, not long after he arrived from various provinces in the Visayas.

8. Complainant had to be confined in the hospital for 13 days. However, because of financial
predicament, the doctors allowed him to take a rest in his house but was strictly prohibited from
engaging in any stressful activity;

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9. Complainant reported back for work in April 2008. At this point, without any hint of
compassion for a person who suffered a stroke, Complainant was told by Ocampo that if he
should suffer again a major health problem, she will terminate his services;

10. On December 11, 2008, Mr Yu, issued a Memorandum3 which provides, among others,
the increase of Sales Quota for 2009, 2010 and 2011. The said issuance indicated that while the sales
quota was increased the commission was reduced. All the more frustrating is that the memorandum
specifically targets Complainant in the following manner-

“It is also advise (sic) to all sales personnel to discipline your health, a sickly
person can’t be tolerated. The management expects that all sales personnel
should keep their healthy body; a sick person is also considering having a sick
mind.”

11. By the period 2010 up to the early part of 2011, there were drastic drop in the sales of
products. The Product Development headed by Ocampo, placed her orders in China without
consulting the Sales Department on the product category and style. As a result, there was a high
rejection rate from clients, high inventory in the warehouses and negative comments from the
dealers. This fact is supported by several correspondences from UNISPORT’s customers and also
from its very own managers. The problem with the declining sales of the product REVA was not
because of the sales managers’ inefficiency but because of the very style of the product being
introduced by the product development department, headed by Respondent herself. However,
despite the obvious reason why clients were backing off from placing their orders, Ocampo blamed
Complainant on the reduction of sales;

12. During the second week of May 2011, a Memorandum was issued announcing the transfer
of each Department to another location. Ocampo ordered that the air conditioning unit at
Complainant’s room dismantled, including the cabinet, sofa and the glass partition of the room. What
is appalling is that only Complainant’s air-con unit was pulled out while the rest of the rooms then
maintained ventilation. To make matters worse, the period of transfer was extended until June 30,
2011. The intentional pull-out of the air-con unit was to make the working environment of
Complainant an unbearable one.

13. As early as April to May 2011 the designs of the products affected the decrease in sales.
This is evidenced by emails4 sent by other managers of UNISPORT, indicating the problem with the
products’ style;

14. Even in the latter days of complainant’s service with

UNISPORT, in an email5 sent on June 13, 2011 by Donna Sia, Merchandising Manager of Gaisano
Capital Group (client of Unisport), she expressed her problem with the designs of the slippers and that
she cannot force her buyers to order. This information is well within the knowledge of Ocampo. In
fact, as early as October 2010, Ocampo sent an email6 to the managers telling them of the problem.
Again, at this point, it bears stating that the Product Development Department headed by Ocampo is
the one responsible in the selection of the product styles and designs;

3 Annex “A”
4 Annex “B” – “C”
5 Annex “D”
6 Annex “E” 7 Annex “F”

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15. Ocampo did not stop pressuring Complainant. In fact, for four (4) straight days,
Complainant was quarantined from June 14-17, 2011 inside Ocampo’s office. She incessantly
accused him of being answerable for the sales output. Ocampo blamed Complainant for the low
sales in spite of the fact that she was aware that the very problem was the designs of the product she
selected;

16. On June 14, 2011, in another email7 sent by Ocampo to Complainant, she again faulted
him on the reduced sales booking. Ocampo never stopped pressuring Complainant and torturing him of
the problem. In fact, again on June 15, 2011, in an email7 sent by Ocampo, she again manifested her
ill-will and personal resentment against Complainant. Ocampo threatened Complainant that she
will retire him, thus:

“6.) AT THE END OF THE YEAR IF JTS STILL NO

IMPROVEMENT THAN (sic) WE WILL RETIRE HIM”

17. On that same day, Ocampo took pains to remove from Complainant several accounts he
was then handling thereby diminishing and depriving him of his duties as sales manager. This is
evidenced by an email8 she sent to other employees. This was undertaken without the knowledge of
Complainant;

18. Not long thereafter or on June 16, 2011, Respondent Ocampo called Complainant to her
office. She relentlessly pressured him on the product sales. At this point, Respondent uttered to
Complainant –

“JES MAS MABUTI PA MAG RESIGN KA NA LANG.

MAGPAHINGA KA NA. BABAYARAN KA NALANG NAMIN NG COMMISSION MO”

19. On June 17, 2011, Ocampo told Complainant to just go home when he reported for work.
Ocampo’s animosity against Complainant is shown in the email9 she sent to the staff on the same day,
instigating them to come together and pressure Complainant, thus:

“x x x. Awaiting your opinions so will forward to jts (Jesus T Socorro)/bom, thus

they will see it’s a committee who is deciding.

i’m empowering all of you so that you have a voice that jts will also learn to work
with you and hindi parang boss dating niya.

AKO LANG ANG BOSING DITO HAHA”

(Italic, emphasis and underscoring supplied)

7 Annex “G”
8 Annex “H”
9 Annex “I”

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20. By June 21, 2011 when he reported back to work, Efren Granada, the Manager of the
Human Resource Department and Warehouse Division, called complainant’s attention and showed him
a copy of the directive issued by Ocampo in her own handwriting, directing him to compute
Complainant’s accrued benefits. When Complainant saw this, he was so overwhelmed with emotions
that he thought that Ocampo was really serious in having him terminated.

21. Feeling at a loss, unwanted, and despised by Ocampo, because of the torture and never
ending accusations of dismal performance, Complainant eventually gave in.

22. He was ordered by Efren Granada of HRD to sign a Quitclaim. Complainant,

however refused until he sees the computation and receives all his unclaimed salaries and
commission. When Complainant went back to office on July 1, 2011 Ocampo went to his room
and directed him that he has to make a Resignation Letter 10 first so the Accounting Department
can start the computation of his receivables. All the while Complainant was making a resignation
letter, Ocampo dictated the matters which Complainant must write in his Resignation Letter as
he was sitting just in front of her;

23. It will have to be emphasized in here that the resignation letter of Complainant was
initially dated July 1, 2011, the day he went to the office. However, as appearing at the latter portion
of the letter, the effectivity of said resignation was changed to June 30, 2011. This was
written under the

direction of Ocampo, bearing upon her promise to process all his salaries and commissions
immediately;

24. Complainant went back on July 15, 2011 to follow up on his unpaid salary and
commissions. To his dismay, upon checking with the accounting, he was informed that NO
COMPUTATION was ever made. To this date, Respondents turned a deaf ear and a blind eye upon
Complainant;

25. Complainant was coerced to resign because of the anxiety and burden imposed upon him
by Respondents. He was not only forced but also enticed and incited into making a resignation letter
under the pretext that he will be given his commission and salary promptly. Albeit the same, up to now,
his claims were totally ignored;

26. Due to the foregoing, Complainant filed this instant action for illegal dismissal before this
Honorable Office on July 19, 2011.

27. With the failure to settle amicably, both parties were then directed to file their respective
Position Paper, hence this submission.

ISSUES

The issues to be resolved in this case are as follows:

A. Whether there was constructive dismissal;

10 Annexes “J”

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B. Whether complainant is entitled to reliefs prayed for.

DISCUSSION

Complainant was Constructively Dismissed

28. There is constructive dismissal if an act of clear discrimination, insensibility, or disdain

by an employer becomes so unbearable on the part of the employee that it would foreclose any
choice by him except to forego his continued employment. It exists where there is cessation of work
because continued employment is rendered impossible, unreasonable or unlikely 11, as an offer
involving a demotion in rank and a diminution in pay;

29. Complainant was with UNISPORT for almost thirteen (13) years. He basically
institutionalized and established the marketing arm of UNISPORT until it reached its peak of earning
its place in the market through its REVA slippers.

30. However, when progress had stopped and signs of declining sales appeared due to several
dogged erroneous decision making-policy in the product development, Complainant was blamed and
pressured at the very expense of his own health. Not only did Respondents bury Complainant’s
accomplishment and contribution with the company, little by little he was boxed at a very
compromising situation;

31. The discrimination started with a Memorandum12 which obviously singled out
Complainant but evidently was issued on the pretext that the issue is his health condition. The
Memorandum was issued the same year Complainant reported back to work after his stroke.
Instead of compassion, Complainant was treated with disdain and oppression. In spite of the fact
that his stroke was principally associated with every effort and stress he put across for his work at
UNISPORT, Respondents treated his health condition with contempt;

32. Respondents tortured Complainant into thinking that his condition was his own doing and
that this made him a liability to UNISPORT. This continued when the company was due to transfer to
another location. Respondents made Complainant feel that he was no longer welcome in the Company.

33. Of all people against whom this could have been done, it was Complainant’s air-
conditioning unit which was first pulled-out from the building. Without regard to
Complainant’s health, Respondents made Complainant work in such a fatiguing and wearying
environment;

34. Jurisprudence established that the gauge for constructive dismissal is whether a
reasonable person in the employee's position would feel compelled to give up his employment, under
the prevailing circumstances13. In this case, Respondents made Complainant feel that he is

11 Norkis Trading v Gnilo, 544 SCRA 279.

12 Annex “A”
13 Siemens Philippines, Inc. v. Domingo, G.R. No. 150488, July 28, 2008, 560 SCRA 86.

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no longer needed by the company, short of sending him a termination notice. Respondents made it
impossible for Complainant to perform his work with motivation but rather only with unreasonable
pressure and unnecessary burden;

35. Ocampo’s animosity towards Complainant is so clear to be mistaken. Her intent to

separate him from UNISPORT is well identified in various correspondences she issued through email.
Words such as, “we will retire him” is unmistakable - Ocampo wants him out of the company;

36. She made it appear that the cause of the decline in sales was the failure of the sales
department to handle the accounts of the customers. To cut short, Ocampo wanted to clean her hands
off the dirt at the expense of another. Sadly in this case, it was at the expense of Complainant’s
employment;

37. Thirdly, Ocampo’s ulterior motive to terminate Complainant from work was visibly
manifested when she directed him to resign with a false promise that she will just give him his unpaid
commissions and salaries;

38. At this point, Complainant had already lost hope. Instead of encouragement, they gave
him frustration. Instead of hope, he was castigated with resentment. Until all this put a serious toll
upon Complainant, he was disheartened and eventually forced to resign;

39. Complainant knew that staying would only make Respondents render it more difficult for
him to continue working. He felt that he just had to let go of his employment. This plan eventually
materialized when after four
(4) days of being pressured, Ocampo induced him into writing a resignation letter

under the pretext that the company would immediately account all money claims due him if he does
so resign.

40. However, although almost two (2) months had already passed still no single centavo was
spared to Complainant. This made it more difficult for Complainant to find the means for his family’s
daily wherewithal especially now that he sends his four (4) children to school;

41. To stress out the matter of the forced resignation of complainant, this letter was written in
front
of Respondent Ocampo and solely upon her direction. This assertion is highlighted by the fact that
even the date of such resignation letter which was written and supposed to be dated July 1, 2011, was
made to become effective retroactively on June 30, 2011;

42. As discussed above, Complainant was promised to have his salary and due commissions
released provided he executes first his resignation letter in his own handwriting. Complainant was
strategically forced to separate himself from the company with the promise of financial assistance.
This fact was distinctly manifested in the resignation letter Complainant drafted in the presence of
Ocampo, to wit –

“And the assistance your going to give would be a big help so I wuld start again and
will be treasured. this will be a big help

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to the education of children’s education”

43. Cleary, Complainant was promised financial assistance. Yet, no amount of monetary aid
was ever extended to him even up to this time. Even the manner in which the resignation letter was
written could have been constructed in a more articulate and ardent fashion if it was really written
voluntarily. Apparently, even the words as spelled and sentences phrased indicated that Complainant
was under a lot of pressure and stress at the time he was writing it;

44. Complainant would not have opted to resign. Circumstances surrounding his resignation
show that there was no reason for him to do so. He basically started the Marketing Arm of
UNISPORT. It was by his initial effort, skills and strategy which made the face of REVA product
recognized in the consumer market.

45. REVA is practically Complainant’s very own “child” which he nurtured and developed
through the years. And just because of an illness which was rooted on Complainant’s own effort to
empower UNISPORT, he was later on underrated and disowned. Instead of gratitude and
benevolence he was treated with scorn, contempt and oppression;

46. Was there any reason for Complainant to resign? Complainant prior to being coerced into
resigning from work has four (4) children to send to school. He had school fees to pay, allowances to
disburse and utility bills to settle. Why would he resign when he had every reason to stay for his
family?
This is only because he was forced to do so;

47. In sum, Complainant sought relief and justice before this Honorable Office, against the
oppression he suffered in the hands of Respondents. Complainant has passion and love for his
employment which was a source of a

great deal of pride. He even went to the extent of severely compromising his health, but his effort was
returned with ridicule and worst, he was stricken off with the hope of a better life for his children and
family;

48. Having been illegally constructively dismissed, Complainant is thus entitled to the
payment of his backwages and his unpaid commissions. A constructively dismissed employee having
been separated from employment in a manner which the law considers illegal is entitled to receive
backwages;

49. As regards Complainant’s claim for unpaid commissions, the Memorandum issued by Mr
Yu dated December 11, 200814 clearly declares that sales personnel are entitled to receive an over-
riding commission based on total sales nationwide. Complainant’s commission however for the
months of March, April, May and June 2011 were never released to him. To date, Respondents
still withhold Complainant’s due commissions without any just cause. Taking into account that
Complainant in this case was compelled to litigate and engage the services of a counsel to protect his
interest15, the award of attorney’s fees is justified under the premises;

50. Considering also that the relationship of Complainant with Respondents has been severely
strained, payment of separation pay instead of reinstatement is warranted.

14 Please see Annex “A”.

15 Article 2208 (2) of the New Civil Code.

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51. Also, as the acts perpetuated by Respondents manifest conscious and intentional design to
do a wrongful act against Complainant, the latter is also entitled to be paid moral and exemplary
damages.
PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Office that

after due consideration of this case, judgment be rendered declaring Complainant illegally dismissed
and order Respondents jointly and severally liable to pay his backwages, separation pay, unpaid
commissions, damages and attorney’s fees.
Praying for such other relief just and equitable under the premises. Pasig City for Quezon City,
14 September 2011.

JAWID LAW OFFICE

Counsel for Complainant

Unit 910 Antel Global Corporate Center
Nr 3 Doña Julia Vargas Avenue,
Ortigas CBD, Pasig City
Tel Nos. 782-42-97 / 687-5363
Mobile Nos. 0918-9115853 /
0932-8827435
Email Add.
[email protected]

By:

ARIEL GENARO GARCIA

JAWID
PTR Nr 10113456;01.04.11;Las
Piñas City
IBP Lifetime Member Nr 01904
Roll Nr39314
MCLE Compliance Nr IV-
0001196;01.19.11

CHATO ANCHETA CABIGAS

PTR Nr A-
1142858;01.05.11;Taguig City
IBP Nr 858976; 03.31.11; Makati
City
Roll Nr 58436
MCLE Compliance No IV-
0002307;08.03.11

Copy Furnished

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UNISPORT MARKETING CORP

JOSE YU, ELEANOR YU OCAMPO
Respondents
497 President Quirino Avenue., Ext.,
Corner Zulueta St., Paco,
Manila, NCR 1007

VERIFICATION AND CERTIFICATION FOR

NON-FORUM SHOPPING

I, JESUS T SOCORRO, Filipino, married, of legal age, and with address at No 4 Garden Groove St.,
Park Place Village, Cainta, Rizal, 1900, hereby depose and state that:
1. I am the Complainant in the above-captioned case;

2. I cause the preparation of the foregoing position paper;

3. I have read the allegations contained therein and hereby certify that they are true and correct to
my knowledge and based on the true records of the case;

4. I hereby certify that I have not filed or caused to be filed any other case or proceeding
involving the same issues or subject matter in the Supreme Court, the Court of Appeals, or any
other Court, tribunal or quasi-judicial agency, and to the best of my knowledge, no such action
or claim is pending therein;

5. Should hereafter I learn that there is a similar pending before any such Courts, tribunal or
agency, I undertake to report such fact tot his agency within five (5) days from such
knowledge;

IN WITNESS WHEREOF, I hereunto affixed my signature on the same date as above

written.

JESUS T SOCORRO
Affiant

SUBSCRIBED AND SWORN to before me this 14 day of September 2011 at the

City of _________, affiant exhibiting to me his

____________________ .

Doc No.______;
Page No._____;
Book No._____; Series of 2011.

FORM NO. 2: REPLY

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Republic of the Philippines

Department of Labor and Employment NATIONAL LABOR RELATIONS
COMMISSION
National Capital Region Arbitration Branch
Quezon City
JESUS T SOCORRO,

Complainant, NLRC-RAB Case No.

NCR-07-11054-11

- versus -
Hon. Labor Arbiter
ROMELITA N RIOFLORIDO

UNISPORT MARKETING CORP., JOSE YU, ELEANOR YU

OCAMPO,
Respondents.
x ---------------------------------------------x

R E PLY

COMPLAINANT, through the undersigned counsels and to this Honorable Office, most respectfully
submits this Reply to Respondents’ Position Paper –

1. Respondents alleged in their position paper that Complainant was receiving quite a
“comfortable” compensation package of P53,000/month prior to severance of his employment. While
Complainant admits such an amount he receives as his monthly salary from UNISPORT, he begs to
contend that the compensation is nowhere near being comfortable. Taking into account the fact that
Complainant basically structured and established the initial operation of UNISPORT, until such time
that it reached its stature and position in the market, the amount he is getting as monthly pay is not as
much as he deserves;

2. In addition, it is bears emphasizing that Complainant’s work does not only include simple
task of procuring sales in a limited area and market. When Benjie Valenzuela, sales manager of Luzon,
resigned back in 2009, he was the one who took over his place and cover the Luzon market for sales.
In the coming year of 2010, when the sales manager of Visayas also left UNISPORT, Complainant was
also disposed off to replace the position in the Visayas market. This goes to show only that while
Complainant was backing up and covering market areas of Luzon and Visayas, which supposedly
should be filled-in by two (2) different managers, he was actually holding three (3) positions at one
time, yet, his salary was nailed to P53,000.00. Respondents now had the audacity to call
Complainant’s salary comfortable;

3. Complainant strongly denies that he insisted in resigning out of UNISPORT. In support of

their theory that Complainant did so voluntarily, they argued that the resignation letter was made in

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Complainant’s own handwriting; that he applied for employment clearance 16; and that he surrendered
all office tools and gadgets issued to him by UNISPORT.

4. First, the fact that Complainant applied for an employment clearance, does not ipso facto
conclude that the resignation was freely made. In fact the Release and Quitclaim form attached thereto
was never filled-out nor signed by Complainant. Complainant was left without any choice but to apply
for a clearance considering that he was told that he can only get the payment of his due commission
and unpaid salaries after the completion of his clearance;

5. Second, he returned the issued laptop and mobile phones as he deemed it appropriate
considering that these things were not his own but of the company. There is just no reason for
Complainant to withhold the same. Third, while the resignation letter is indeed written in
Complainant’s own handwriting, the same does not at all paint a picture of voluntary resignation;

6. Complainant firmly reiterates that the execution of said letter was undertaken under
relentless compulsion and pressure coming from Respondent Eleanor Ocampo. To start with, the
resignation letter was prepared in front and in the very presence of Ocampo. She was practically
directing Complainant as regards what his letter of resignation should contain. Even the date
appearing in the letter suggests a clear notion that someone was directing him the things ought to be
written therein. The letter was initially dated July 1, 2011, but what could Complainant be possibly
thinking when he changed the effectivity of his resignation to June 30 if not that someone actually
ordered him to do so, and, when complainant is fully aware that resignation must be made with at least
30 days prior notice to his employer;

7. Again Complainant was required to draft a resignation letter right there and then with the
false promise of paying his commissions at the soonest possible time. If Respondents truly intended to
give Complainant what is due him, why is it that to date not a single centavo was paid to him? Worse,
he is even being demanded to pay the loan he supposedly owe UNISPORT. And, although
Complainant admits that he has an existing loan obligation with the Respondent company, is that the
right treatment that should be accorded to someone who has practically spent 13 years of his best life
to establish, develop and improve UNISPORT. Complainant will never deny his loan obligation, but
what truly hurts him is that it now appears that Respondents had totally discounted and
disacknowledged Complainant’s worth and contribution to the company by shoving off to his face that
he is not deserving of anything, not even compassion;

8. Complainant was constructively dismissed by Respondents. He was thrown with

overwhelming circumstances prompting him to feel that he has no place in the company. The
following are but just of the particulars and conditions which eventually constrained Complainant to
let go of his employment;
a. Memorandum17 issued in 2008 directed against the Complainant although
depicted as if meant for every and all employees’ notice;

b. Complainant was held for days inside

Respondent Ocampo’s office where he was verbally pressured and psychologically
stressed out by respondent;

16 See Annex “2” – Respondents’ Position Paper.

17 See Annex “A” of Complainant’s Position Paper.

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c. Email (Annex F) dated June 14, 2011 sent by Respondent Ocampo

urging him to explain the drop in sales when she knew all along that the very problem
was the design she herself chose for the products;

d. Email (Annex G) dated June 15, 2011,

Respondent Ocampo declared her ill-will against Complainant by stating “WE WILL
RETIRE HIM” ;

e. Email (Annex H) dated June 15, 2011, sent by Respondent Ocampo to

everyone with words like; “decided to lessen accounts of jts xxx” (referring to Jesus
T Socorro);

f. June 16, 2011 – Respondent Ocampo verbally told Complainant to just

resign and take a rest and that they will just give him his commissions;

g. Email (Annex I) sent by Respondent Ocampo

inciting other individuals to go against Complainant;

h. Resignation Letter is in itself a proof that Complainant was directed and

forced to resign;

i. Respondent Ocampo after forcing

Complainant to resign, by means of deception, made it appear that Complainant would be
receiving something when in truth and in fact, Respondent had really no intention to do
so;

9. There is no truth that Complainant willingly wanted to separate himself from UNISPORT
and that he insisted to resign. The animosity of Respondent Ocampo against Complainant, as she
exhibited in various emails18, sent to various employees, would evidently disclose her ulterior motive
of putting Complainant under extreme condition of stress until such time he was forced to resign. On
this matter, Respondent Ocampo was successful.

10. As regards the claim of Respondents for payment of Complainant’s loan obligation, while
admittedly the same in fact is true; Respondents cannot just automatically deduct the same against his
13th month pay and unpaid commissions. There is no agreement, whether verbal or written, no contract
was ever entered into by Complainant with Respondents allowing them to deduct automatically the
employee’s loan from those that are due him under the law. Since no notice was ever given him, this is
completely a violation of Complainant’s right to due process. If Respondents want to recover

Complainant’s loan obligation, there is an appropriate forum for that. It is wrong to muddle such issue
in this controversy as the same should not in any manner affect Complainant’s right granted by the
Constitution and labor laws;

11. Lastly, Complainant emphasizes that it is a horn-book doctrine that the courts in deciding
cases between labor and employer, they should be guided by the time-honored principle that if doubt
exists between the evidence presented by the employer and the employee, the scales of justice must be
tilted in favor of the latter. The rule in controversies between a laborer and his master distinctly states
that doubts reasonably arising from the evidence, or in the interpretation of agreements and writing,
should be resolved in the former’s favor1920;
18 See Annexes “F” ,“G” , “H” and “I” of Complainant’s Position Paper.
19 Lores Realty Enterprises, Inc., v Pacia, G.R. No. 171189, March
20 , 2011 citing E.G. & I Corporation v. Sato, G.R. No. 182070, February 16, 2011.

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52. Considering that Complainant was indeed constructively illegally dismissed, he is entitled
to be paid his backwages, unpaid commission, moral and exemplary damages, attorney’s fees and
separation pay in lieu of reinstatement;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Office that

after due consideration of this case, judgment be rendered declaring Complainant constructively
illegally dismissed and order Respondents to be jointly and severally liable to pay his backwages,
separation pay, unpaid commissions, damages and attorney’s fees.
Praying for such other relief just and equitable under the premises. Pasig City for Quezon City,
06 October 2011.

JAWID LAW OFFICE

Counsel for Complainant

Unit 910 Antel Global Corporate Center
Nr 3 Doña Julia Vargas Avenue,
Ortigas CBD, Pasig City
Tel Nos. 782-42-97 / 687-5363
Mobile Nos. 0918-9115853 /
0932-8827435
Email Add.
[email protected]

By:

ARIEL GENARO GARCIA

JAWID
PTR Nr 10113456;01.04.11;Las
Piñas City
IBP Lifetime Member Nr 01904
Roll Nr39314
MCLE Compliance Nr IV-
0001196;01.19.11

CHATO ANCHETA CABIGAS

PTR Nr A-
1142858;01.05.11;Taguig City
IBP Nr 858976; 03.31.11; Makati
City
Roll Nr 58436
MCLE Compliance No IV-
0002307;08.03.11

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Copy Furnished

UNISPORT MARKETING CORP

JOSE YU, ELEANOR YU OCAMPO
Respondents
497 President Quirino Avenue., Ext.,
Corner Zulueta St., Paco,
Manila, NCR 1007

FORM NO. 3: REJOINDER

Republic of the Philippines

Department of Labor and Employment NATIONAL LABOR RELATIONS
COMMISSION
National Capital Region Arbitration Branch
Quezon City

JESUS T SOCORRO,
Complainant, NLRC-RAB Case No.
NCR-07-11054-11

- versus -
Hon. Labor Arbiter
ROMELITA N RIOFLORIDO

UNISPORT MARKETING CORP., JOSE YU, ELEANOR YU

OCAMPO,
Respondents.
x ---------------------------------------------x

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REJOINDER

COMPLAINANT, through the undersigned counsels and to this

Honorable Office, most respectfully submits this Reply –

1. Respondents, in their Reply, attached the affidavit of Unisport’s President, Mr Jose

Yu, who made various allegations that are wholly irrelevant to controvert the material
allegation of constructive illegal dismissal and corresponding proofs proffered by
Complainant;

2. Mr Yu even declared that although Complainant’s job and duties are indeed
multifarious, his theory is that they were far from being stressful. To reiterate the
purposes of Complainant’s job, are as follows:

a. To deliver the assigned nationwide sales quota for the year;

b. To supervise the sales force in the implementation of the sales program;

c. To complement with Consignment and Boutique Section in the implementation of

overall corporate strategies;

d. To administer the daily activities of the Collection Unit

e. To assist the CMSO in the development of marketing plans and sales program.

3. While Mr Yu’s opinion that Complainant’s job was never stressful, the same observation
runs counter against the very purpose of Complainant’s job. It is his responsibility to see to it that he
delivers the assigned sales quota for the year. Even an ordinary person, not adept to the intricacies
of the sales world, would find it difficult to think in the outstretched imagination that procuring sales
quota is like a walk in a park. Let alone to be burdened with additional multitude of duties, such as,
but not limited to: providing strategic and operating guidelines to the sales force, taking care of the
collection of payables, ensuring proper disposition and receipt of deliveries, directly handling key
accounts in Metro Manila, developing sales program and training, directly handling sales
complaint beyond the level of the sales force and making periodic rounds to key provincial
customers to sustain business relation;

4. Mr Yu also denies Complainant’s allegations in paragraphs 3, 4, and 5 of his Position

Paper. He mentioned that, Complainant’s alleged claim that he single-handedly developed measures
intended to increase the sales output, is fallacious. To start with, Complainant never said that he
singlehandedly developed measures adopted in sales. Complainant merely pointed out that the
strategies used in increasing the sales mostly originated from his ideas which were later on adopted by
the sales workforce to boost sales output;

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5. What is mostly depressing in this case is that, Mr Yu, under paragraph 6 of Respondents’
Reply, in desperate attempt to reject Complainant’s cause, opted to attack the very person of
Complainant by imputing against him the disposition of being a drunkard, a womanizer, and even his
working habits. These allegations apparently were embodied in an Incident Report21 made by a
certain Dolores R Resuello and a document22 containing several imputations allegedly signed by a
certain Ms Macam;

6. These documents are wanting of any probative value. It is a basic rule on evidence that the
moral character of a party is generally inadmissible. It may be admitted only when the issue of
pertinent character is itself involved in the case. 23 Also, not only that the allegations in the incident
report are self-serving, the incident report itself does not have any evidentiary weight considering that
it can be easily prepared at any time, even at present, with printed date allegedly pertaining to a 2008
incident. Complainant would also wish to make an observation anent the written cellphone number on
the incident report. From this standpoint, what appears is that the same is written in order to relate it to
a cellphone bill of Bradgate Marketing Corporation indicating several calls made to the same
cellphone number. The only problem is that such billing statement alone could never prove who made
the calls much less the identity of the owner of such cellphone number;

7. In this case, Complainant’s primary cause of action against Respondents is that his
working environment was attended with so much animosity, insecurity and hatred against him. The
circumstances Complainant had to put up with at the company starting at the time he suffered stroke
were so much for him to bear. Adding insult to the injury, Mr Yu’s daughter Eleanor Ocampo
maliciously paved the way in order to make Complainant’s remaining days with the company so
strenuous and unyielding;

8. In Mr Yu’s own statement, he maintained that the purpose of the Memorandum24 is to

REWARD those who EXERTED EFFORT to attain their targets and PENALIZE those who had
lackluster sales performance. The subject Memorandum provides the following mandated Sales
Quota:

2009 QUOTA Php 85,000,000.00

QUOTA RATE OF COMMISSION
Above 100% 1.03%
91% - 100% 1.00%

86% - 90% 0.90%

81% - 85% 0.85%
76% - 80% 0.80%
75% and Below .0.00%

21 Annex “9” – Respondents’ Reply.

22 Annex “10” – Respondents’ Reply.
23 Section 51, Rule 130, Rules on Evidence.
24 Annex “A” – Complainant’s Position Paper.

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2010 QUOTA Php 95,000,000.00

QUOTA RATE OF COMMISSION
Above 100% 0.96%
91% - 100% 0.93%
86% - 90% 0.84%
81% - 85% 0.79%
76% - 80% 0.74%
75% and Below .0.00%

2011 QUOTA Php 85,000,000.00

QUOTA RATE OF COMMISSION
Above 100% 0.93%
91% - 100% 0.90%
86% - 90% 0.81%
81% - 85% 0.76%
76% - 80% 0.72%
75% and Below .0.00%

9. While Mr Yu claims that the purpose of the new commission scheme is to reward those
who exert effort to attain the target quota, this appears quite contrary to the figures reflected in the
memorandum. Observe the change of commission rate from 2009, 2010 to 2011. The AMOUNT OF
COMMISSION WHICH A SALESMAN MAY RECEIVE CLEARLY
DECREASES in the years following through;

10. Now Respondent Yu argues that the purpose of the commission scheme is to REWARD
those who exerted effort to attain the quota sales. How can this be true when the commission rate is
markedly reduced and diminished while the sales percentage quota is retained. One does not need to
have a brilliant mind to realize that there can never be a REWARD in this case
WHEN THE COMMISSION IS DISCOUNTED while the TOTAL SALES QUOTA REQUIRED
EVERY YEAR INCREASES;

11. While more effort is required to be extracted from the salesmen, the corresponding
commissions pertinent thereto never commensurate the exertion put forth by them. It seems to us that
whether one attains the quota or not, the memorandum leads to the same effect - dissatisfaction and
disheartenment on the part of the salesmen.

12. Mr Yu averred that the memorandum is an exercise of management prerogative. He added

under second stanza, paragraph 10 of their Reply that he also made it a policy to withhold any
commission from those who have been sick leave for a continuous one-month period. Evidently,
what Respondent sought to impose against an employee who had just suffered from illness is to hold
back the commission due from him at the moment he needs it the most. Clearly, compassion for the
sick is not one of the virtues being practiced by Respondents. This merely bolsters the allegation of
Complainant that the memorandum was ill-motivated and was issued to personally attack and further
aggravate the poor health condition of Complainant;

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13. Respondents also questioned why the 2008 Memorandum was used as basis of the charge
of constructive dismissal when Complainant separated from Unisport only on July 1, 2011. In reply to
this query, it bears emphasizing that the Memorandum was not the sole basis utilized by Complainant
in his claim for constructive illegal dismissal. The memorandum merely ignited the series of
harassment and discrimination undertaken against him, by and through his daughter Eleanor Ocampo;

14. In addition to the memorandum, several correspondences sent through e-mail evidencing
Respondent Ocampo’s display of disdain and contempt against Complainant literally led him to feel
the stress in staying and pressured him in letting go of his employment;

15. Words used in the emails such as, “WE WILL RETIRE
HIM”, “DECIDED TO LESSEN THE ACCOUNTS OF JTC” and “I’M EMPOWERING ALL
OF YOU SO THAT YOU HAVE A VOICE SO THAT JTS WILL ALSO LEARN TO WORK
WITH YOU AND HINDI
PARANG BOSING DATING NYA… AKO LANG ANG BOSING DITO
HAHA, which literally call for employees to rise up against Complainant are too hard pieces of
evidence showing that up to the last days of Complainant in the company, Respondent Ocampo made it
so difficult for him to continue working at Unisport;

16. Lastly, in the sworn statement of Efren Grandana, he denied having shown Complainant a
written directive from Respondent Ocampo, to compute his accrued benefits. This bare denial cannot
stand against an affirmative allegation of an employee. Nonetheless, in the regular course of business,
the accounting department undertakes the computation of whatever is due an employee. However, this
procedure was no longer followed by the cohorts of Respondent Ocampo who were also equally
responsible in pressuring Complainant to leave the company;

17. Efren Granada also allegedly saw only Complainant in writing his resignation letter
without Respondent Ocampo. This declaration is a blatant lie. All the while Complainant was writing
his resignation letter, he was in the very presence of Ocampo who directed the matters to be written
therein. Noteworthy to state, in the normal course of events, an employee most willing to resign would
not have drafted, prepared and written the same inside the company premises, or at the very least, in
the presence of his own boss;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Office that

after due consideration of this case, judgment be rendered declaring Complainant constructively
illegally dismissed and order Respondents to be jointly and severally liable to pay his backwages,
separation pay, unpaid commissions, damages and attorney’s fees.
Praying for such other relief just and equitable under the premises. Pasig City for Quezon City,
27 October 2011.

JAWID LAW OFFICE

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Counsel for Complainant

Unit 910 Antel Global Corporate Center
Nr 3 Doña Julia Vargas Avenue,
Ortigas CBD, Pasig City
Tel Nos. 782-42-97 / 687-5363
Mobile Nos. 0918-9115853 /
0932-8827435
Email Add.
[email protected]

By:

ARIEL GENARO GARCIA

JAWID
PTR Nr 10113456;01.04.11;Las
Piñas City
IBP Lifetime Member Nr 01904
Roll Nr39314
MCLE Compliance Nr IV-
0001196;01.19.11

CHATO ANCHETA CABIGAS

PTR Nr A-
1142858;01.05.11;Taguig City
IBP Nr 858976; 03.31.11; Makati
City

Roll Nr 58436
MCLE Compliance No IV-
0002307;08.03.11

Copy Furnished

UNISPORT MARKETING CORP

JOSE YU, ELEANOR YU OCAMPO
Respondents
497 President Quirino Avenue., Ext.,

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Corner Zulueta St., Paco,

Manila, NCR 1007

FORM NO. 4: MEMORANDUM

REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS

MANILA

(Special Fourth Division)

JESUS T. SOCORRO, C.A. G.R. S.P. No.

126946
Petitioner,

(NLRC RAB No. 07-11054-

11)
-versus-
(NLRC LAC No. 03-001067-
12)

NATIONAL LABOR RELATIONS COMMISSION, UNISPORT

MARKETING CORP., ET AL.,

Respondents.
X------------------------------------------X

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MEMORANDUM FOR PETITIONER

PETITIONER, through the undersigned counsels, in compliance with the Resolution of this
Honorable Court dated March 13, 2013, most respectfully submits this Memorandum and state:

PREFATORY STATEMENT

It is said that one of the most painful hurt is caused by the one close to us. The pain is even
exacerbated when what is used to beat us is a hard and very cold implement called INGRATITUDE.

STATEMENT OF FACTS

1. Petitioner started out working for UNISPORT as sales manager in September 1998 under
Bradgate Marketing Corporation, which is then the marketing arm of UNISPORT. As the company at
that time was experiencing trouble in marketing and selling their REVA products (slippers), Petitioner
organized and developed measures to promote and increase the sales of UNISPORT. All the efforts
exerted by Petitioner paid off. UNISPORT’s Reva Brand was able to establish a niche of its own in the
entire Philippine market.

2. Because of too much stress brought about by the additional sales demand, Petitioner
suffered from stroke on December 10, 2007 after he came back from the Visayas province.
Petitioner reported back to work only in April 2008. At this point, without due regard to Petitoner’s
health condition, OCAMPO told him that if he should suffer again a major health problem, she will
terminate his services. On December 11, 2008, YU, issued a Memorandum (Please refer to Annex
“D” – Annex “A” of petitioner’s Position Paper) which provides, among others, the requirement of

increase in Sales Quota for 2009, 2010 and 2011. The Memorandum advised all sales personnel to
discipline their health and made a pronouncement that a sickly person cannot be tolerated;

3. By year 2010 up to the early part of 2011, there were drastic drop in the sales of products.
The Product Development headed by OCAMPO, placed her orders in China without considering
the position of the Sales Department on the product category and style. What OCAMPO did was
merely to circulate to the sales department the image of the products which have already been placed
in order, only FOR NOTICE. As a result, there was a high rejection rate from clients, high inventory
in the warehouses and negative comments from dealers;

4. During the second week of May 2011, a Memorandum was issued announcing the transfer
of each Department to another location. OCAMPO ordered that the air conditioning unit at
Petitioner’s room dismantled, including the cabinet, sofa and the glass partition of the room.
What was more awful was that it was only Petitioner’s air-conditioning unit that was pulled out

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while the rest of the rooms maintained theirs. To make matters worse, the period of transfer was
extended up to June 30, 2011. The motive behind the intentional pull-out of the air-con unit was
undoubtedly clear - to make the working environment of Petitioner more unbearable;

6. OCAMPO did not stop pressuring Petitioner OCAMPO always put the blame on
Petitioner for the low sales in spite of the fact that she was well aware that the very problem was the
designs of the product she selected;

7. On June 14, 2011, in another email (Please refer to Annex “D” – Annex “F” of
petitioner’s Position Paper) sent by OCAMPO to Petitioner, she again faulted him on the reduced sales
booking. OCAMPO never stopped pressuring and torturing him of the problem she herself created. In
fact, again on June 15, 2011, in an email (Please refer to Annex “D” – Annex “G” of petitioner’s
Position Paper) she again manifested her ill-will and personal resentment against HIM. OCAMPO
even threatened him that she would retire him early by mentioning in the email that if at the end of the
year and Petitioner still has not improved, then she will terminate his employment. The threat was
followed by series of harassment when OCAMPO removed from Petitioner several accounts he
was then handling. By doing so, Petitioner was deprived of possible commissions for the lost
accounts. This was evidenced by an email (Please refer to Annex “D” – Annex “H” of petitioner’s
Position Paper) she sent to other employees.

8. Not long thereafter OCAMPO verbally demanded that

Petitioner might as well resign from the company. OCAMPO’s grudge against Petitioner escalated. In
an email (Please refer to Annex “D” – Annex “I” of petitioner’s Position Paper) OCAMPO sent to
her staff she even instigating them to come together and pressure Petitioner, by saying:

i’m empowering all of you so that you have a voice that jts will also
learn to work with you and hindi parang boss dating niya.

AKO LANG ANG BOSING DITO HAHA”

(emphasis and underscoring supplied)

9. By June 21, 2011 when Petitioner reported to work, Efren Granada, the Manager of the
Human Resource Department (HRD) and
Warehouse Division, called his attention and showed him a copy of the directive issued by OCAMPO
in her own handwriting, directing him to compute Petitioner’s accrued benefits. At this point,
Petitioner could not believe that OCAMPO was really serious in terminating his employment. All
these put a huge toll upon him that he was eventually forced to just leave his work. Sometime on July
1,
2011
OCAMPO went to his room and directed him that he has to make a Resignation Letter which was
written under the direction of OCAMPO who dictated the matters to be written thereon. Petitioner was
left with no other option but to resign because of the anxiety, discriminatory working environment,
malicious remarks urging him to resign, and other unnecessary burden imposed upon him by
OCAMPO;

10. Due to the foregoing, Petitioner filed this instant action for illegal constructive dismissal
before the Office of the Labor Arbiter on July 19, 2011. The Labor Arbiter subsequently rendered a
decision dated February 23, 2012 resolving the case in favor of Respondents. Petitioner appealed the
decision of the Labor Arbiter to the NLRC which decided in favor of the Respondents. Petitioner’s
Motion for Reconsideration was likewise denied. Hence, this petition.

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II

ISSUES TO BE RESOLVED

Whether or not Public Respondent NLRC, gravely abused its discretion when it affirmed
the Decision of the Honorable Labor Arbiter finding that Petitioner voluntarily resigned.

Whether or Public Respondent NLRC, gravely abused its discretion when it found that
there is no constructive dismissal in this case.

III

ARGUMENTS AND DISCUSSION

The NLRC erred in affirming the findings of the

Labor Arbiter that:
Respondents were able to show that the
resignation of Petitioner was made voluntary.

11. Public Respondent affirmed the ruling of the Labor Arbiter finding that Petitioner’s
resignation was done voluntarily. It harped on the resignation letter executed by Petitioner
emphasizing that resignation is written in Petitioner’s own handwriting and that it contained words of
gratitude. Additionally, it mentioned that Petitioner was promised the release of his receivables
(commissions) and that he filed this complaint upon learning that Respondents did not make a

computation of his commissions. Moreover, Public Respondent likewise reiterated the rationale
adopted by the Labor Arbiter in rebutting Petitioner’s claim of forced resignation;

12. We submit that while the letter of resignation was in fact written in Petitioner’s own
handwriting it did not ipso facto make the resignation voluntary. The circumstances as to how the
letter was written must be scrutinized to determine the voluntary or, to put it more accurately,
the involuntary nature of the act;

13. The Labor Arbiter stressed that the words of gratitude appearing on the letter could
hardly come from someone forced to resign.

14. All we can say is that this observation could have been correct if it were freely written by
the hapless employee. But sad to say this is not the case in here. Once more and with a renewed

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emphasis - we would like to stress that at the time the resignation was made OCAMPO was at
Petitioner’s throat directing the matters which should be put in the letter;

15. The denial made by Granada who allegedly saw Petitioner writing his resignation letter by
himself could not be treated as a reliable source of truth. This allegation was not only specifically
denied by Petitioner, the facts are undisputed that during the entire time Petitioner was writing his
resignation letter, the only one present was OCAMPO who directed and checked the contents
written in his letter. Granada was nowhere in the room when OCAMPO ordered Petitioner to write
the letter. How could he have known what Petitioner was writing in his resignation letter? Granada’s
claim is incredible in light of these circumstances. Granada had no personal knowledge of the events
surrounding the incident when Petitioner wrote such letter under the dictates of OCAMPO, thus, his
statements are not only incompetent but also doubtful.

16. More than that, why would such an act of appreciation toward the company which
Petitioner has helped established and eventually came to love for 13 years, be taken against Petitioner?
Petitioner does not deny that he was grateful for having become a part of UNISPORT. And true
enough, his love for the company is declared in his letter. But it should not be overlooked that the
incidents that steered him and pushed him into resigning and to write the letter of resignation
was due to OCAMPO’s unfair treatment, hatred, and clear disdain against him. Sadly, this was
never passed upon nor considered by the Honorable Public Respondent.

17. The Labor Arbiter mentioned that Petitioner is not a gullible person who could be
influenced in writing a resignation letter in such tenor.
18. True enough, Petitioner is not an unlettered individual, but it is noteworthy that at the time
the letter was written Petitioner was under severe stress and pressure. It is not highly unlikely for any
individual to act upon things which under normal circumstance would have been carefully thought of.
Petitioner, still as a human being, became sensitive to highly hostile and antagonizing environment he
had to put up with. Petitioner here spent thirteen
(13) years of his life with a company that he helped build. It was his dream to place the brand REVA
in the map of the sporting world - a dream and promise which he successfully fulfilled. How would a
man who helped improve the REVA brand feel when faced with such resentment? There was just so
much disdain and utter ingratitude thrown at him? In the face of all these, who would not have lost his
equanimity, balance and focus?

19. We believe that the voluntariness of the resignation must not only be assessed on the
basis solely of a handwritten resignation letter and its cold wordings but also on the
circumstances and reasons why it was written;

20. In the case of Peñaflor vs. Outdoor Clothing Manufacturing Corporation 25, the Supreme
Court ruled in favor of Peñaflor, who after submitting his resignation letter also filed a case for
constructive dismissal against his employer. The Court in deciding in his favor ruled that he “ was
constructively dismissed given the hostile and discriminatory working environment he found
himself in”.

21. The Supreme Court also ruled in the case of SHS Perforated Materials Incorporated vs.
Diaz26 that the respondent was forced to resign despite the fact that the latter served his resignation

25 G.R. No. 177114, January 21, 2010.

26 G.R. No. 185814, October 13, 2010.

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letter. The Court considered the same as constructive dismissal, citing the case of Duldulao v. Court of
Appeals27, where the court ruled that “there is constructive dismissal if an act of clear discrimination,
insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it
would foreclose any choice by him except to forego his continued employment. It exists where there is
cessation of work because continued employment is rendered impossible, unreasonable or unlikely, as
an offer involving a demotion in rank and a diminution in pay”. In that case, what made it impossible,
unreasonable or unlikely for respondent to continue working for SHS was the unlawful withholding of
his salary;

22. The foregoing cases only show that in numerous instances, the Highest Court of this land
looked beyond the existence of a resignation letter and considered the circumstances surrounding the
case and the evidence presented in ruling that the resignations were not voluntary and that the same
constitute constructive dismissal;

23. Public Respondent even agreed with the Honorable Labor Arbiter that when Petitioner
returned his laptop, cellular phones, calculator, stapler and company car assigned to him this was an
indication of the voluntary nature of his resignation;

24. We beg to disagree on the above conclusion. Petitioner had to return the issued laptop and
mobile phones considering that these things were not his but that of the company. Not only that there is
no reason for him to withhold them, he was also afraid that his continued possession of these company
supplies might be used against him. This is not rocket science nor unfounded supposition but is
practical reality;

25. Public Respondent is of the opinion that Petitioner filed this complainant upon learning
that Respondents did not make a computation of his receivables as promise.

26. With all due respect to the Public Respondent, but it seemed to have erroneously
concluded of the proximate cause why Petitioner decided to leave work. The promise of Respondent
to give Petitioner his commission came in the latter part of the events only after the series of
discrimination Ocampo burdened Petitioner. This was never THE PROXIMATE REASON why
Petitioner had to resign. The receivables were merely the consequence of the forced resignation. And
what further infuriated Petitioner was that he was deceived by respondents. They never intended to
fulfill their promise. It was just a scheme, a ploy to throw Petitioner out of the company destitute in
all. Is this not a classic case of INJUSTICE CRYING OUT TO HIGH HEAVENS?

27. Petitioner had no choice but to file this case. In fact, it is our stand that the promise of
disbursing Petitioner’s receivables was even adopted by Ocampo to entice Petitioner and ultimately
overwhelm Petitioner to grab in the opportunity to leave his work and receive his money in return. To
Petitioner’s mind, if he would not write such letter of resignation, Respondent Ocampo will just hurt
him more and cause further difficulty in claiming his commissions. If Respondents were even acting in
all good faith when they offered Petitioner to release his receivables, why is that to date there is still no
attempt on their to give what is due Petitioner? If this is not corrected, where is Social Justice in here
as eloquently described by Justice Laurel in Calalang v Williams28?
27 G.R. No. 164893, March 1, 2007.
28 G.R. No. 47800, December 2, 1940; “Social justice is “neither communism, nor
despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of
social and economic forces by the State so that justice in its rational and objectively secular
conception may at least be approximated. Social justice means the promotion of the welfare
of all the people, the adoption by the Government of measures calculated to insure

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28. Resignation is a formal pronouncement or relinquishment of an office, with the intention

of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must
concur with the overt act of relinquishment, the acts of the employee before and after the alleged
resignation must be considered in determining whether, in fact, he intended to sever his employment 29;

29. In this case, the overt acts of Petitioner before and after the alleged resignation do not
show his intention to sever his employment. What even strongly negates the claim of resignation
is the subsequent filing of complaint for constructive dismissal;

30. Resignation is inconsistent with the filing of the complaint for illegal dismissal. 30 It would
have been illogical for petitioner to resign and then file a complaint for illegal dismissal later on .31 If
Petitioner was determined to resign, he would not have filed the complaint for illegal dismissal. This
is plain and simple;

31. The truth of the matter is that Petitioner was compelled by circumstances at the
workplace created by Respondent OCAMPO. These events was deliberately adopted by
Respondent OCAMPO to ensure that Petitioner would be put in a place where he no longer has
any choice but to leave work;
32. The circumstances surrounding Petitioner’s resignation must also be taken into
consideration to determine whether the resignation was voluntary:

31.1 May we invite the attention of this Honorable Court to the series of emails32 sent
by OCAMPO to several employees of UNISPORT which shows her hostility and
antagonism towards Petitioner;

31.2 OCAMPO, with lack of respect and courtesy, likewise removed several
accounts from Petitioner thereby diminishing his duties as sales manager, without
his knowledge. By reducing his accounts, Petitioner likewise loss commissions for
sales he could earn from these accounts. This is evidenced by an email that
OCAMPO sent to her employees;

31.3 On June 17, 2011, OCAMPO told Petitioner to just go home when he reported
for work. On June 21, 2011, Efren Granada directive issued by OCAMPO, in her own
handwriting, directing Granada to compute Petitioner’s accrued benefits. When

Petitioner saw this, he was deeply hurt and saddened by the thought that OCAMPO
was serious in having his employment terminated;

economic stability of all the competent elements of society, through the maintenance of a
proper economic and social equilibrium in the interrelations of the members of the
community, constitutionally, through the adoption of measures legally justifiable, or
extraconstitutionally, through the exercise of powers underlying the existence of all
governments on the time-honored principle of salus populi est suprema lex.”
29 BMG Records (Phils.), Inc. v. Aparecio, G.R. No. 153290, September 5, 2007.
30 Blue Angel Manpower and Security Services, Inc. v. Court of Appeals, G.R. No. 161196, July
28, 2008.
31 Fungo v. Lourdes School of Mandaluyong, G.R. No. 152531, July 27, 2007.
32 Please refer to Annex “D” – Petitioner’s Position Paper (See Annexes “G”, “H”, and “I”).

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31.4 He was subsequently ordered by Granada to sign a quitclaim but petitioner

refused. On July 1, 2011, OCAMPO went to Petitioner’s room and directed him to
make a resignation letter on the pretext that the Accounting Department would start
computing his receivables upon receipt of his resignation letter. Hopeless and
dejected, Petitioner was emotionally compelled to write a resignation letter. To
make the situation worse, he wrote it in front of OCAMPO who dictated the
matters which he must write in his resignation letter.

33. There can be no valid resignation where the act was made under compulsion or
under circumstances approximating compulsion, such as when an employee’s act of handing in
his resignation was a reaction to circumstances leaving him no alternative but to resign.33 Clearly
in this case, Petitioner did not resign voluntarily. He resigned upon submission to Respondent’s
pressure and clear act of discrimination. He was scorned by Respondent Ocampo, this is the reason
why she had to device a scheme and set a plan that eventually compelled Petitioner to resign.

The NLRC erred in ruling that this was

33Peñaflor vs. Outdoor Clothing Manufacturing Corp. ,et al, G.R.No.

177114, January 21, 2010 citing Metro Transit Organization, Inc. v.
NLRC, G.R.No.122046, January 16,1998.
not a case of constructive dismissal

34. The Public Respondent allegedly found an “apparent voluntariness of writing the
resignation personally without any duress and which showed no force employed in its execution”;

35. It must be pointed out however that while there may not be actual physical force or even
threat employed by Respondents which eventually lead Petitioner to write the resignation letter, the
conditions then existing should have been considered in their totality in ascertaining whether
petitioner’s resignation was voluntary or that he was merely compelled to resign and write a letter in
such manner and tenor;

36. What impelled Petitioner to resign were not only due to the unreasonable acts and unfair
treatment he suffered in the hands of OCAMPO and other colleagues but the dictate of no less than his
boss OCAMPO that he should resign. The Honorable Public Respondent failed to consider the
evidence that were presented in support of this claim. It simply ignored the fact that on several
occasions, OCAMPO through emails expressed her desire to end the employment of Petitioner
and this desire was VERBALIZED and practically DICTATED to the hapless employee first on
June 16, 2011 and finally on July 1, 2011 when OCAMPO went to see Petitioner in his room;

37. It is notable likewise that while the company at that time may have been experiencing
problems on the sales of its slipper products due to poor designs, it was respondent OCAMPO herself
who heads the Product Development Department and who is responsible for the selection and product
styles. Why would OCAMPO solely blame Petitioner for low turn-out of sales when she knew that the
end-result of whatever sales output; is a by-product of the company’s consolidated effort?

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38. True enough, petitioner was a manager at that time, but he was also a part of a team and
respondent OCAMPO on the other hand was the Head of the Product Development Department. Yet,
what is apparent and which the Honorable Public Respondent failed to take cognizance of is that
OCAMPO seemingly burdened petitioner ALONE with all these struggles and pushed him to his
limits in order to make him feel unwanted and unworthy of continuing the service he was rendering for
the company in more than a decade;

39. These feelings did not arise out of thin air, but the following specifically identified
circumstances established the oppressive working environment for the petitioner, to wit –

39.1 After petitioner came back to work in April 2008, without the slightest
consideration to petitioner’s health condition, OCAMPO told him that if he should
suffer again a major health problem, she will terminate his services; and while he was
still recovering from stroke, by the month of December 2008, respondent issued
Memorandum (Please refer to Annex “D” – Annex “A” of Petitioner’s Position
Paper) directed against petitioner yet disguised as if applicable and notice to all
employees which provides:

“It is also advise (sic) to all sales personnel to discipline your

health, a sickly person can’t be tolerated. The management expects
that all sales personnel should keep their healthy body; a sick
person is also considering having a sick mind.”

39.2 That was just the beginning of Petitioner’s predicament. By June 2011, after the
company experienced problems on sales, petitioner was solely blamed for the sales
output. He was pressured to the point that he was even held for days in OCAMPO’s
room where he anguished after OCAMPO told him fabricated issues and alleged
negative comments coming from other employees;

39.3 The email (Please refer to Annex “D” – Annex “F” of Petitioner’s Position
Paper) dated June 14, 2011 sent by OCAMPO who urged him to explain the drop in
sales when she knew all along that the root cause of the problem was the design she
herself selected;

39.4 The email (Please refer to Annex “D” – Annex “G” of Petitioner’s Position
Paper) dated June 15, 2011 sent by OCAMPO where she showed her personal grudge
against petitioner by declaring:

“AT THE END OF THE YEAR IF JTS STILL NO IMPROVEMENT

THAN (sic) WE WILL RETIRE HIM”

39.5 The email (Please refer to Annex “D” – Annex “H” of Petitioner’s Position
Paper) dated June 15, 2011 sent by OCAMPO to everyone saying “ i have decided to
lessen the accounts of jts xxx” (referring to petitioner Jesus T Socorro);

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39.6 On June 16, 2011, after pressuring him on the product sales, OCAMPO verbally
pressed on petitioner to resign by telling him:

“JES MABUTI PA MAGRESIGN KA NALANG. MAGPAHINGA

KA NA. BABAYARAN KA NAMIN NG
COMMISSION MO”

39.7 The email (Please refer to Annex “D” – Annex “I” of Petitioner’s Position
Paper) dated June 16, 2011 sent by OCAMPO inciting some of the employees to go
against petitioner in the following manner:

“x x x. Awaiting your opinions so will forward to jts (Jesus T

Socorro)/bom, thus they will see it’s a committee who is deciding.

i’m empowering all of you so that you have a voice that jts will also
learn to work with you and hindi parang boss dating niya.

AKO LANG ANG BOSING DITO HAHA”

40. All the foregoing incidents were capped by OCAMPO

personally seeing Petitioner on July 1, 2011 demanding his resignation;
41. As the company was experiencing low sales of slippers due to poor designs adopted and
selected by OCAMPO as head of the Product Development Department, she could not bear the
thought that her father would blame her later for what the company has suffered. There is no
better escape goat and later on as sacrificial lamb but herein Petitioner. OCAMPO knew what
was coming. In order to save herself from her father’s disappointment, she had to devise a way
to pass all the blame to petitioner. She had to do this so petitioner would be compelled to leave
the company before her father comes back from abroad. That is the reason why OCAMPO had to
resort to all these things for petitioner to feel constrained in resigning from the company;

42. Clearly, the Honorable Public Respondent altogether ignored the pieces of evidence
presented showing the hostile and discriminatory working environment which Petitioner had dealt with
and which finally culminated with OCAMPO’s demand for his resignation.

43. The Honorable Commission likewise erred in giving weight to the text messages sent by
OCAMPO to Petitioner telling him to wait YU’ s return before submitting his resignation letter as
evidence that Petitioner was not compelled to resign;

44. The text messages do not prove the voluntariness of resignation. If the content of the text
message is examined, OCAMPO was merely suggesting that Petitioner should defer his resignation
until the arrival of YU. The message suggests, however, that he still has to resign. Whether or not
Petitioner was compelled to resign is determined not merely on the basis of a single isolated act
or circumstance but the totality of his conduct before, during, and after the resignation;

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45. At length, other than the self-serving allegations of OCAMPO and the allegedly
corroborative testimony of one of Respondent’s employees, UNISPORT has not substantially
discharged its burden of proving that Petitioner’s resignation was voluntary. Petitioner was on the
losing end in this case for he has no access to the company records and has less influence on the people
that could testify on his defense. It is also for these reasons that Petitioner meekly seeks the assistance
of this Honorable Court to give him the justice that he was unfairly deprived of. Petitioner is even of
the opinion that apparently the Public Respondents were guilty of DOUBLE STANDARD and of
being SELECTIVE in their discussion of the facts and arguments of both parties;

46. Surely the decision to resign was that of Petitioner but this was brought about by the
antipathy he experienced from OCAMPO. It is unmistakable that OCAMPO’s ill feeling revealed her
ulterior motive to put petitioner under extreme condition of a stressful environment which compelled
him to finally forego of his employment. Clearly the resignation was never voluntary;

47. In an illegal dismissal case, the onus probandi still rests on the employer to prove that the
dismissal of an employee is for a valid cause. Having based their defense on resignation, it is likewise
incumbent upon respondents, as employer, to prove that petitioner voluntarily resigned. From the
totality of circumstances and the evidence on record, it is clear that Respondents failed to discharge
this burden. In fact, even if the evidence presented by the employer and the employee are in
equipoise, the scales of justice must be tilted in favor of the latter33;

48. Unfortunately, the Honorable Public Respondent totally ignored the facts and the evidence
that were presented showing not only the attendant hostile and discriminatory working environment of
Petitioner but, more so, the manner by which Respondent OCAMPO practically forced and eventually
compelled him to write the resignation letter;

49. Article 4 of the Labor Code provides that all doubts in the interpretation and
implementation of the Labor Code should be interpreted in favor of labor. The evidence that the
Petitioner presented has shown serious doubts on the merits of his employer’s case. The Supreme
Court has held that in such contest of evidence, Article 4 should operate in favor of the employee. 34 To
Petitioner’s disappointment however, this principle was disregarded by the Honorable Public
Respondent at the expense of Petitioner.

PRAYER

WHEREFORE, in the light of the foregoing, it is most respectfully prayed of this Honorable Court
of Appeals, that the Petition be given due course, and that the assailed NLRC Decision dated 31 May
2012, dismissing Petitioner‘s Appeal and the NLRC Resolution dated 23 July 2012, denying
petitioner’s Motion for Reconsideration, be set aside.

33 Uy v Centro Ceramica Corporation et al., G.R. No. 174631, October 19, 2011 citing
Mobile Protective & Detective Agency v. Ompad, G.R. No. 159195, May 9, 2005.
34 Peñaflor vs. Outdoor Clothing Manufacturing Corp., et al, G.R.
No. 177114, January 21, 2010.

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Praying for such other reliefs as may be just and equitable under the premises.

Pasig City for the City of Manila, 10 April 2013.

JAWID LAW OFFICE

Counsel for Petitioner

Unit 910 Antel Global Corporate Center

No. 3 Doña Julia Vargas Ave.,

Ortigas CBD, Pasig City 1605

By:

ARIEL GENARO GARCIA

JAWID

PTR Nr 104478828;01.02.13;Las Piñas

City

IBP Lifetime Member Nr 01904

Roll Nr 39314

MCLE Compliance Nr IV-

0001196;01.19.11

CHATO ANCHETA CABIGAS

PTR Nr 3671587; 01.03.13; Makati

City

IBP No. 824626; 04.19.10

Roll No. 58436

MCLE Compliance No IV-

0002307;08.03.11

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Copy furnished:

REYES-FAJARDO & ASSOCIATES

Counsel for Private Respondents

Unit 12-F, 12th Floor, IBM Plaza Bldg.,

No. 8 Eastwood Ave., Eastwood City

Cyber Park, Bagumbayan, Quezon City

National Labor Relations Commission

Third Division

Public Respondent

PPSTA Bldg., Banawe St.,

1100 Quezon City

EXPLANATION FOR SERVICE BY MAIL

A copy of this Memorandum was sent to Plaintiffs’ counsel and Public Respondent through
registered mail due to distance and for practical considerations.

CHATO ANCHETA CABIGAS FORM NO. 5: PETITION

FOR CERTIORARI

REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

JESUS T. SOCORRO,

Petitioner,

C.A. G.R. S.P. No.

-versus-
(NLRC RAB No. 07-11054-
11)

(NLRC LAC No. 03-001067-

12)

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NATIONAL LABORS RELATIONS

COMMISSION, UNISPORT
MARKETING CORPORATION,
JOSE YU and ELEANOR YU
OCAMPO,

Respondents.

x---------------------------------------------------x

PETITION FOR CERTIORARI

PREFATORY STATEMENT

“When the pendulum of judgment swings to and fro and the forces are equal
on both sides, the same must be stilled in favor of labor. (Marcopper Mining v.
National Labor Relations Commission, 325 Phil. 618). Any doubt concerning the
rights of labor should be resolved in its favor pursuant to the social justice policy
(Terminal Facilities and Services Corporation v. NLRC , 199 SCRA 265).”

PETITIONER, through counsel, most respectfully states that:

NATURE AND TIMELINES OF THE PETITION

A. NATURE

This is a special civil action for Certiorari under Rule 65 of the Rules of Court seeking the
review and annulment of the Decision35 of the Third Division Honorable National Labor Relations
Commission (thereafter referred to as NLRC or Commission for brevity) dated 31 May 2012 in NLRC
LAC Case No. 03-001067-12 affirming the Decision36 of Labor Arbiter Romelita N. Rioflorido in

35 A certified copy is hereto attached as Annex “A”-Certiorari.

36 A certified copy is hereto attached as Annex “B”-Certiorari.

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NLRC RAB No. 07-11054-11 dated 23 February 2012; and the Resolution37 of the NLRC dated 23
July 2012 denying petitioner’s Motion for Reconsideration dated 5 July 2012.

Petitioner assails the aforesaid Decision of the Honorable Commission affirming the earlier
decision of the Honorable Labor Arbiter, as well as its Resolution on the Motion for Reconsideration
for having been rendered not in accordance with law and with grave abuse of discretion, amounting to
lack and/or excess of jurisdiction, correctible only by a writ of Certiorari.

Petitioner likewise maintains that it has no plain, speedy and adequate remedy in the ordinary
course of law, other than this Petition.

B. TIMELINESS OF THE PETITION

The chronological sequence of the promulgation of

Decision/Resolutions on the instant case can be enumerated as follows:

1. Initially, Petitioner JESUS T. SOCORRO (SOCORRO for brevity) lodged a complaint

against Respondents UNISPORT MARKETING CORPORATION, (UNISPORT for brevity), JOSE
YU (YU for brevity) and ELEANOR YU-OCAMPO (OCAMPO for brevity) with the Regional
Arbitration Branch – NCR of the NLRC on 19 July 2011.

2. Mandatory Conciliation/ Mediation Conference were previously set but

for failure to amicably settle, both parties were directed to submit their respective position paper. After
both parties have submitted their respective pleadings – Position Paper 38, Reply39 and Rejoinder41, the
case was deemed submitted for Resolution.

3. On 23 February 2012, Labor Arbiter Romelita N. Rioflorido rendered her Decision40, the
dispositive portion of which reads, thus:

“WHEREFORE, a decision is hereby rendered dismissing the

complaint of constructive dismissal. Respondents however are
ordered to pay complainant Jesus T. Socorro the sum of P76,996.89.
Other claims are denied.

SO ORDERED.

37 A certified copy is hereto attached as Annex “C”-Certiorari.

38 Copy of the Position Paper of Petitioner and Private Respondents are hereto attached as
Annexes “D”-Certiorari; “E”-Certiorari, respectively.
39 Copy of the Reply of Petitioner and Private Respondents are hereto attached as Annexes
“F”-Certiorari; and “G”-Certiorari, respectively. 41 Copy of the Rejoinder of Petitioner and
Private Respondents are hereto attached as Annexes “H”-Certiorari; and “I” – Certiorari,
respectively.
40 Please see Annex “B”-Certiorari.

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Quezon City, Philippines, 23 February 2012.

4. SOCORRO appealed the aforecited Decision on 21 March 201241, which was denied on
31 May 2012, the dispositive portion of which reads thus:

“WHEREFORE, premises considered, the appeal is hereby

DENIED.The 23 February 2012 Decision of Labor Arbiter Romelita
N. Rioflorido is hereby AFFIRMED with the modification that in
addition to his award, the respondents are ordered to pay
complainant financial assistance in the amount of P100,000.00.

SO ORDERED.

Quezon City, Philippines.”

5. When SOCORRO received a copy of this Decision on 25 June 2012, he timely moved for
a reconsideration by filing his Motion for Reconsideration 42 on 5 July 2012 to which respondents filed
their Opposition dated 10 July 2012 and the same Third Division of the Honorable Commission
promulgated a Resolution43 on 23 July 2012 denying the motion for reconsideration a copy of which
was received by petitioner’s counsel on 14 August 2012.

6. Under Section 4, Rule 65 of the Rules of Court, a Petition for Certiorari may be filed not
later than sixty (60) days from notice of judgment, order or resolution sought to be assailed. Since
petitioner’s counsel received the Resolution of the Honorable Commission on its Motion for
Reconsideration last 14 August 2012, it has 60 days from thereon or until 14 October 2012 within
which
to file
his petition, hence, the timeliness of this Petition.

II

THE PARTIES

7. Petitioner SOCORRO worked as a Sales Manager at

41 A copy is hereto attached as Annex “J” - Certiorari

42 Attached as Annex “K” - Certiorari
43 Please see Annex “C” - Certiorari

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UNISPORT prior to his severance from employment. He is residing at No 4 Garden Groove St., Park
Place Village, Cainta, Rizal, 1900, and for purposes of this appeal, he may be served with summons
and other processes of this Honorable Commission through the undersigned counsels (JAWID LAW
OFFICE);

8. Respondent UNISPORT is a corporation duly organized and existing under the laws of the
Republic of the Philippines with principal office at 497 President Quirino Avenue Extension
corner Zulueta St., Paco, Manila, NCR 1007. Co-respondents YU and OCAMPO are the President
and Vice-President of UNISPORT, respectively;

9. Petitioner and Private Respondents may be served with legal processes as may be issued
by this Honorable Court through their respective counsel;

10. Lastly, the Honorable Public Respondent, the National Labor Relations Commission is
hereby impleaded as a nominal party, and may be served with summons and other processes of this
Honorable Court at the PPSTA Building, Banawe St., 1100 Quezon City;

III

STATEMENT OF ESTABLISHED FACTS AND THE CASE

As can be culled from the records, the facts of the case may be capsulized into the following:

12. SOCORRO initially started working for UNISPORT in

September 1998 with Bradgate Marketing Corporation, the then marketing arm of UNISPORT. YU,
the company president offered him to work under its sales department. As the company then was
experiencing trouble in marketing and selling their REVA products (slippers), petitioner organized
and developed measures to promote and increase the sales of UNISPORT;
13. Considering that the marketing arm of UNISPORT only started in July 1998 and
SOCORRO was engaged only two (2) months after as sales manager, he performed the following
activities to strengthen the marketing office with the end in view of increasing its sales, to wit:

a) He systematized Customer Lists nationwide;

f) He formatted several sales document needed to process Sales
Order;
g) Initially, he was also involved in the Production, Costing,
Distribution, Collection and Merchandising of the Product;
h) He established Planning and Marketing Strategies and Sales
Program to boost Input Orders from customers;

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i) He was also responsible for training OCAMPO, the daughter of the President and also
the Vice President of UNISPORT. He introduced her to various long-time clients and
storeowners alike to have her familiarize with UNISPORT’s prospective customers;

53. All the efforts exerted by the SOCORRO paid off.

UNISPORT’s Reva Brand was able to establish a niche of its own in the entire Philippine market -
Luzon, Visayas and Mindanao;

54. In November 2007, although SOCORRO had already reached his sales quota for that
year-end, respondent OCAMPO sought additional sales of THREE MILLION PESOS (P3
Million) in the Visayas area. With tremendous pressure from OCAMPO, SOCORRO proceeded
to Visayas and tried to further increase the company’s sales output. This was in spite of the fact
that it was nearing December and it was difficult to get orders at that time since most of the products
by then should have already been out in the stores;

55. Because of too much work and untold stress brought about by the additional sales
demand, SOCORRO suffered a stroke on December 10, 2007, not long after he arrived from
various provinces in the Visayas. For this reason he had to be confined in the hospital for 13 days.
However, because of financial constraints, the doctors allowed him to just take a rest in his house and
prohibited him from engaging in any stressful activity;

56. After months of rest, SOCORRO reported back for work in April 2008. At this point,
without due regard to SOCORRO’s health condition, OCAMPO told him that if he should suffer again
a major health problem, she will terminate his services;

57. On December 11, 2008, YU, issued a Memorandum (Please refer to Annex “D” – Annex
“A” of petitioner’s Position Paper) which provides, among others, the requirement of increase in Sales
Quota for 2009, 2010 and 2011. The issuance indicated that while the sales quota was increased the
commission was reduced. It was also frustrating that the memorandum specifically targeted
SOCORRO in the following manner-

“It is also advise (sic) to all sales personnel to discipline your

health, a sickly person can’t be tolerated. The management expects
that all sales personnel should keep their healthy body; a sick
person is also considering having a sick mind.”

58. By year 2010 up to the early part of 2011, there were drastic drop in the sales of products.
The Product Development headed by OCAMPO, placed her orders in China without considering
the position of the Sales Department on the product category and style. What OCAMPO did was
merely to circulate to the sales department the image of the products which have already been placed
in order, only FOR NOTICE. As a result, there was a high rejection rate from clients, high inventory
in the warehouses and negative comments from dealers. This fact was supported by several
correspondences from UNISPORT’s customers and also from its very own managers. The problem
with the declining sales of the REVA product was not because of the sales managers’ inefficiency
but because of the very style of the product being introduced by the product development
department, headed by OCAMPO herself. However, despite the obvious reasons why clients were
backing off from placing their orders, OCAMPO blamed
SOCORRO on the reduction of sales;

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59. During the second week of May 2011, a Memorandum was issued announcing the transfer
of each Department to another location. OCAMPO ordered that the air conditioning unit at
SOCORRO’s room
dismantled, including the cabinet, sofa and the glass partition of the room. What was more
awful was that it was only SOCORRO’s air-con unit that was pulled out while the rest of the
rooms maintained their units. To make matters worse, the period of transfer was extended up to June
30, 2011. The motive behind the intentional pull-out of the air-con unit was undoubtedly clear -
to make the working environment of SOCORRO more unbearable;

60. As early as April to May 2011 the designs of the products affected the decrease in sales.
This was evidenced by emails (Please refer to Annex “D” – Annexes “B” and “C” of petitioner’s
Position Paper) sent by other managers of UNISPORT, indicating the problem with the products’
styles. Even in the latter days of SOCORRO’s service with UNISPORT, in an email (Please refer to
Annex “D” – Annex “D” of petitioner’s Position Paper) sent on June 13, 2011 by Donna Sia,
Merchandising Manager of Gaisano Capital Group (client of UNISPORT), she expressed her problem
with the designs of the slippers and that she cannot force her buyers to order. This was well within the
knowledge of OCAMPO because as early as October 2010, OCAMPO sent an email (Please refer to
Annex “D” – Annex “E” of petitioner’s Position Paper) to the managers telling them the problem. It
bears stating at this point that the Product Development Department headed by OCAMPO is the one
responsible in the selection of the product styles and designs;

61. OCAMPO did not stop pressuring SOCORRO. In fact, for four (4) straight days
from June 14-17, 2011, SOCORRO was quarantined inside Ocampo’s office every time he came
in for work. She incessantly accused him of being answerable for the declining sales output.
OCAMPO blamed SOCORRO for the low sales in spite of the fact that she was well aware that the
very problem was the designs of the product she selected;

62. On June 14, 2011, in another email (Please refer to Annex “D” – Annex “F” of
petitioner’s Position Paper) sent by OCAMPO to SOCORRO, she again faulted him on the reduced
sales booking. OCAMPO never stopped pressuring and torturing him of the problem she herself
created. In fact, again on June 15, 2011, in an email (Please refer to Annex “D” – Annex “G” of
petitioner’s Position Paper) she again manifested her ill-will and personal resentment against HIM.
OCAMPO even threatened him that she will retire him, thus:

“6.) AT THE END OF THE YEAR IF JTS STILL NO IMPROVEMENT

THAN (sic)
WE WILL RETIRE HIM”

63. On that same day, OCAMPO removed from SOCORRO several accounts he was then
handling thereby further diminishing his duties as sales manager and depriving him of possible
commissions for the lost accounts. This was evidenced by an email (Please refer to Annex “D” –
Annex “H” of petitioner’s Position Paper) she sent to other employees. This was undertaken without
the knowledge of SOCORRO;

64. Not long thereafter or on June 16, 2011, OCAMPO summoned SOCORRO to her office.
She relentlessly pressured him again on the product sales. At this point, she casually but firmly told
him –

“JES MABUTI PA MAG RESIGN KA NA

LANG. MAGPAHINGA KA NA.

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BABAYARAN KA NALANG NAMIN NG COMMISSION MO”

65. On the following day, June 17, OCAMPO told SOCORRO to just go home when he
reported for work. OCAMPO’s grudge against him was shown in the email (Please refer to Annex
“D” – Annex “I” of petitioner’s Position Paper) she sent to the staff on the same day, instigating them
to come together and pressure SOCORRO, thus:

“x x x. Awaiting your opinions so will forward to jts (Jesus T

Socorro)/bom, thus they will see it’s a committee who is deciding.

i’m empowering all of you so that you have a voice that jts will also
learn to work with you and hindi parang boss dating niya.

AKO LANG ANG BOSING DITO HAHA”

(emphasis and underscoring supplied)

66. By June 21, 2011 when SOCORRO reported back to work, Efren Granada, the Manager of
the Human Resource Department and Warehouse Division, called his attention and showed him a copy
of the directive issued by OCAMPO in her own handwriting, directing him to compute SOCORRO’s
accrued benefits. When SOCORRO saw this, he was so overwhelmed with emotions that he thought
that OCAMPO was really serious in terminating his employment. SOCORRO felt at a loss,
unwanted, and despised by OCAMPO because of the torture and never ending accusations of dismal
performance. All these put a huge toll upon him that he was eventually forced to just leave his work;

67. SOCORRO was instructed by Efren Granada of HRD to sign a Quitclaim, but he refused
until he sees the computation and receives all his unclaimed salaries and commission. When he went
back to the office on July 1, 2011 OCAMPO went to his room and directed him that he has to make a
Resignation Letter (Please refer to Annex “D” – Annex “J” of petitioner’s Position Paper) first so
that the Accounting Department can proceed with the computation of his receivables. The resignation
letter was written under the direction of OCAMPO who dictated the matters to be written thereon;

68. It will have to be emphasized in here that the resignation letter of SOCORRO was
originally dated July 1, 2011, the day he went to the office. However, as appearing at the latter portion
of the
letter, the effectivity of said resignation was changed to June 30, 2011. This was written under no
less than the strict direction of OCAMPO;

69. SOCORRO went back on July 15, 2011 to follow up on his unpaid salaries and
commissions. To his dismay, upon checking with the accounting, he was informed that NO
COMPUTATION was ever made;

70. SOCORRO was coerced to resign because of the anxiety and the myriad of problems and
burden imposed upon him by OCAMPO. He was not only forced but also deceived into making a
resignation letter under the pretext that he will be promptly given his commission and overdue salary
which up to now remains unpaid;

71. Due to the foregoing, SOCORRO filed this instant action for illegal dismissal before the
Office of the Labor Arbiter on July 19, 2011.

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72. For failure to amicably settle, the parties were directed to submit their respective position
paper. Thereafter, the parties were also given the opportunity to submit their respective reply, and
rejoinder, afterwards, the Labor Arbiter rendered the instant decision dated February 23, 2012;

73. The Labor Arbiter resolved the case in favor of the Respondents on the basis of the
opinion that SOCORRO was not forced to resign, thus he was not illegally constructively dismissed.
Hence, SOCORRO appealed the case to the NLRC which decided in favor of the respondents.
SOCORRO’S Motion for Reconsideration was likewise denied. Hence, this petition,

IV

GROUNDS FOR THE ALLOWANCE OF THE PETITION

1. Public respondent NLRC gravely abused its discretion in affirming the Decision of
the Honorable Labor Arbiter in finding that Petitioner was not constructively dismissed.

2. Public respondent NLRC gravely abused its discretion in denying petitioner’s Motion
for Reconsideration without clearly and distinctly explaining the reason for its denial.

ARGUMENTS AND DISCUSSION

The NLRC erred in ruling

that the

Resignation was Voluntary.

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34. Resignation is a formal pronouncement or relinquishment of an office, with the

intention of relinquishing the office accompanied by the act of relinquishment. As the intent to
relinquish must concur with the overt act of relinquishment, the acts of the employee before
and after the alleged resignation must be considered in determining whether, in fact, he
intended to sever his employment (BMG Records (Phils.), Inc. v. Aparecio, G.R. No. 153290,
September 5, 2007);

35. In this case, the overt acts of SOCORRO before and after the alleged resignation
do not show his intention to sever his employment. What strongly negates the claim of
resignation is the subsequent filing of complaint for constructive dismissal;

36. Resignation is inconsistent with the filing of the complaint for illegal dismissal
(Blue Angel Manpower and Security Services, Inc. v. Court of Appeals, G.R. No. 161196, July
28, 2008). It would have been illogical for petitioner to resign and then file a complaint for
illegal dismissal later on (Fungo v. Lourdes School of Mandaluyong, G.R. No. 152531, July
27, 2007). If SOCORRO was determined to resign he would not have filed the complaint for
illegal dismissal;

37. The circumstances surrounding petitioner’s resignation must also be taken into
consideration to determine whether the resignation was voluntary:

37.1 May we invite the attention of this Honorable Court to the series of emails44 sent
by OCAMPO to several employees of UNISPORT which shows her hostility and
antagonism
towards SOCORRO;

37.2 OCAMPO, with lack of respect and courtesy, likewise removed several accounts
from SOCORRO thereby diminishing his duties as sales manager, without his
knowledge. This is evidenced by an email that OCAMPO sent to her employees;

37.3 On June 17, 2011, OCAMPO told the SOCORRO to just go home when he
reported for work. On June 21, 2011, Efren Granada (Granada), the Manager of
the Human Resource Department and Warehouse Division, called his attention
and showed him a copy of the directive issued by OCAMPO, in her own
handwriting, directing Granada to compute SOCORRO’S accrued benefits. When
SOCORRO saw this, he was overwhelmed with emotions that he thought
OCAMPO was serious in having his
employment terminated;

37.4 He was subsequently ordered by Granada to sign a

quitclaim but petitioner refused;

37.5 On July 1, 2011, OCAMPO went to SOCORRO’s room and directed him to make
a resignation letter first so the Accounting Department can start the computation
of his receivables. Hopeless and downhearted, SOCORRO was emotionally

44 Please refer to Annex “D” – Petitioner’s Position Paper (See Annexes “G”, “H”, and “I”).

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compelled to write a resignation letter. To make the situation worse, he wrote it in

front of his boss who dictated the matters which he must write in his resignation
letter.

38. In an illegal dismissal case, the onus probandi rests on the employer to prove that
the dismissal of an employee is for a valid cause. Having based their defense on
resignation, it is likewise incumbent upon respondents, as employer, to prove that
petitioner voluntarily resigned. From the totality of circumstances and the evidence on
record, it is clear that respondents failed to discharge this burden. In fact, even if the evidence
presented by the employer and the employee are in equipoise, the scales of justice must be
tilted in favor of the latter45;

39. We believe that the respondents were not able to discharge this burden. The
voluntariness of the resignation must not only be assessed on the basis solely of a
handwritten resignation letter and its wordings but also on the circumstances and
reasons why it was written;

40. Unfortunately, the Honorable Commission totally ignored the facts and the
evidence that were presented showing not only the attendant hostile and discriminatory
working environment of petitioner but, more so, the manner by which respondent OCAMPO
practically forced and eventually compelled the complainant to write the resignation letter;

41. The Honorable Commission agreed with the Honorable Labor Arbiter that the
return by SOCORRO of his laptop, cellphones, calculator, stapler and company car assigned to
him was an indication of the voluntary nature of his resignation. We beg to disagree. Petitioner
had to return the issued laptop and mobile phones considering that these things were not his
but that of the company. Not only that there is no reason for him to withhold them, he was also
afraid that his continued possession of these company supplies might be used against him;

42. The denial made by Granada who allegedly saw SOCORRO writing his
resignation letter by himself was bereft of merit. This allegation was specifically denied by
petitioner. During the entire time SOCORRO was writing his resignation letter, the only one
present was OCAMPO who directed and checked the contents written in his letter. Granada
was nowhere in the room when OCAMPO ordered SOCORRO to write the letter. Assuming
without admitting that he saw SOCORRO writing a letter, how could he have known that what
SOCORRO was writing was his resignation letter. Granada had no personal knowledge on the
circumstances surrounding the incident when SOCORRO wrote such letter under the dictates
of OCAMPO, thus, his statements are not only incompetent but also totally untrue;

The NLRC erred in ruling that this was

Not a case of constructive dismissal

45 Uy v Centro Ceramica Corporation et al., G.R. No. 174631, October 19, 2011 citing Mobile
Protective & Detective Agency v. Ompad, G.R. No. 159195, May 9, 2005.

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43. Clearly, this is a case of constructive dismissal. Constructive dismissal does not
always involve forthright dismissal or diminution in rank, compensation, benefit and
privileges. There may be constructive dismissal if an act of clear discrimination, insensibility
or ‘disdain by an employer becomes so unbearable on the part or the employee that it could
foreclose any choice by him except to forego his continued employment;

44. Constructive dismissal is defined as quitting when continued employment is

rendered impossible, unreasonable or unlikely as the offer of employment involves a demotion
in rank or diminution in pay (New Ever Marketing, Inc. v. Court of Appeals, G.R. No. 140555,
July 14, 2005);

45. It exists when the resignation on the part of the employee was involuntary due to
the harsh, hostile and unfavorable conditions set by the employer. It is brought about by the
clear discrimination, insensibility or disdain shown by an employer which becomes unbearable
to the employee. An employee who is forced to surrender his position through the employer's
unfair or unreasonable acts is deemed to have been illegally terminated and such termination is
deemed to be involuntary (Aguilar v. Burger Machine Holdings Corporation, G.R. No.
172062, October 30, 2006);

46. The Honorable Commission allegedly found an “apparent voluntariness of

writing the resignation personally without any duress and which showed no force employed in
its execution”. It must be pointed out however that while there may not be actual physical
force or even threat employed by respondents which eventually lead petitioner to write the
resignation letter, the conditions then existing should have been considered in their totality in
ascertaining whether petitioner’s resignation was voluntary or that he was merely compelled to
resign and write a letter in such manner and tenor;

47. What prompted SOCORRO to resign were not only the unreasonable acts and
unfair treatment he suffered in the hands of OCAMPO and other colleagues but the dictate of
no less than his boss OCAMPO that he should resign. The Honorable Commission failed to
consider the evidence that were presented in support of this claim. It overlooked the fact that
on several instances, OCAMPO through emails expressed her desire to end the employment of
SOCORRO and this desire was VERBALIZED and practically DICTATED to the hapless
employee first on June 16, 2011 and finally on July
1, 2011 when OCAMPO went to see SOCORRO in his room;

48. It is notable likewise that while the company at that time may have been
experiencing problems on the sales of its slipper products due to poor designs, it was
respondent OCAMPO herself who heads the Product Development Department and who is
responsible for the selection and product styles. Why would OCAMPO solely blame petitioner
for low turn-out of sales when she knew that the end-result of whatever sales output; is a by-
product of the company’s consolidated effort?

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49. True enough, petitioner was a manager at that time, but he was also a part of a
team and respondent OCAMPO on the other hand was the Head of the Product Development
Department. Yet, what is apparent and which the Honorable Commission failed to take
cognizance of is that OCAMPO seemingly burdened petitioner ALONE with all these
struggles and pushed him to his limits in order to make him feel unwanted and unworthy of
continuing the service he was rendering for the company in more than a decade;

50. These feelings did not arise out of thin air, but the following specifically identified
circumstances established the oppressive working environment for the petitioner, to wit -

50.1 After petitioner came back to work in April 2008, without the slightest
consideration to petitioner’s health condition, OCAMPO told him that if he should
suffer again a major health problem, she will terminate his services; and while he
was still recovering from stroke, by the month of December 2008, respondent
issued Memorandum
(Please refer to Annex “D” – Annex “A” of petitioner’s Position Paper) directed
against petitioner yet disguised as if applicable and notice to all employees which
provides: “It is also advise (sic) to all sales personnel to discipline your health,
a sickly person can’t be tolerated. The management expects that all sales
personnel should keep their healthy body; a sick person is also considering
having a sick mind.”

50.2 That was just the beginning of petitioner’s predicament. By June 2011, after the
company experienced problems on sales, petitioner was solely blamed on the sales
output. He was pressured to the point that he was even held for days
in OCAMPO’s room where he anguished after OCAMPO told him fabricated
issues and alleged negative comments coming from other employees;

50.3 The email (Please refer to Annex “D” – Annex “F” of petitioner’s Position
Paper) dated June 14, 2011 sent by OCAMPO who urged him to explain the drop
in sales when she knew all along that the root cause of the problem was the design

she herself selected;

50.4 The email (Please refer to Annex “D” – Annex “G” of petitioner’s Position
Paper) dated June 15, 2011 sent by OCAMPO where she showed her personal
grudge against petitioner by declaring:

“AT THE END OF THE YEAR IF JTS STILL

NO IMPROVEMENT THAN (sic) WE WILL
RETIRE HIM”

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50.5 The email (Please refer to Annex “D” – Annex “H” of petitioner’s Position
Paper) dated June 15, 2011 sent by OCAMPO to everyone saying “ i have
decided to lessen the accounts of jts xxx” (referring to petitioner Jesus T
Socorro);

50.6 On June 16, 2011, after pressuring him on the product sales, OCAMPO verbally
pressed on petitioner to resign by telling him:

“JES MABUTI PA MAGRESIGN KA NALANG. MAGPAHINGA KA NA.

BABAYARAN KA NAMIN NG COMMISSION MO”

50.7 The email (Please refer to Annex “D” – Annex “I” of petitioner’s Position Paper)
dated June 16, 2011 sent by OCAMPO inciting some of the employees to go
against petitioner in the following manner:

“x x x. Awaiting your opinions so will forward to jts (Jesus T

Socorro)/bom, thus they will see it’s a committee who is deciding.

i’m empowering all of you so that you have a voice that jts will also
learn to work with you and hindi parang boss dating niya.

AKO LANG ANG BOSING DITO HAHA”

51. All the foregoing incidents were capped by OCAMPO personally seeing SOCORRO on
July 1, 2011 demanding his resignation. The worst part is that OCAMPO did not even bother to
pay SOCORRO the unpaid commissions which she dangled as promise for the employee’s
resignation. Is this not the height of injustice against a worker who faithfully served his employers
with the best years of his life?

52. As the company was experiencing low sales of slippers due to poor designs adopted and
selected by OCAMPO as head of the Product Development Department, she could not bear the thought
that her father would blame her later for what the company has suffered. The easy prey to target is no
less than petitioner. OCAMPO knew what was coming. In order to save herself from her father’s
disappointment, she had to devise a way to pass all the blame to petitioner. She had to do this so
petitioner would be compelled to leave the company before her father comes back from abroad. That is
the reason why OCAMPO had to resort to all these things for petitioner to feel constrained in resigning
from the company;

53. Clearly, the Honorable Commission altogether ignored the pieces of evidence presented
showing the hostile and discriminatory working environment which petitioner had to deal with and
which finally culminated with OCAMPO’s demand for his resignation. Moreover, although the words
of gratitude may have been expressed in petitioner’s resignation letter, it is our humble submission

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nonetheless that this alone should not be taken on its own without concomitantly considering the
events which transpired before, during and after its preparation;

54. Beyond that, why would such an act of appreciation toward the company which petitioner
has helped established and eventually came to love for 13 years, be taken against petitioner? Petitioner
would not deny that he was grateful for having become a part of UNISPORT. And true enough his love
for the company is declared in his letter. But it should not be overlooked that the incidents that
steered him to resolve in resigning and to write the letter of resignation was due to OCAMPO’s
unfair treatment, hatred, and clear disdain against him. Sadly, this was never seen nor
considered by the Honorable Commission;

55. The Honorable Commission even affirmed the Labor Arbiter’s conclusion “that what
respondent did was normal for those who supervised a marketing unit and that petitioner should not
have felt bad about them she being his trainee and that allegedly all petitioner had to do was to thresh
out the differences and make the adjustments if necessary.” This conclusion we believe however was
arrived in light of misplaced reflection and evaluation of facts;

56. To begin with, during the time material to this case, OCAMPO was no longer a trainee
but the Vice President and Head of the Product Development Department of UNISPORT. She
not only has the authority and power; she also has the capacity to influence the minds of petitioner’s
coemployees and even directly tell them to go against petitioner. In fact OCAMPO admitted it herself
when she said in her June 16, 2011 email –

“i’m empowering all of you so that you have a voice so that jts will also learn to work with
you and hindi parang bosing dating nya. AKO
LANG ANG BOSING DITO HAHA”;

57. The Honorable Commission together with the Labor Arbiter mistakenly assumed
that petitioner could have opted to thresh out their differences. Under what circumstances could
petitioner be expected to just settle whatever differences he and OCAMPO had when as early as
June
16, 2011, OCAMPO already manifested her plan of terminating petitioner by retiring him?

58. The Honorable Commission likewise erred in giving weight to the text messages sent by
OCAMPO to SOCORRO telling him to wait YU’ s return before submitting his resignation letter as
evidence that SOCORRO was not compelled to resign. The text messages do not prove the
voluntariness of SOCORRO’s resignation. If the content of the text message is examined, OCAMPO
was merely suggesting that SOCORRO should defer his resignation until the arrival of YU. The
message suggests, however, that he still has to resign. Whether or not SOCORRO was compelled to
resign is determined not merely on the basis of a single isolated act or circumstance but the totality of
his conduct before, during, and after the resignation;

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59. While it is true that the SOCORRO “is not an unlettered and gullible individual who can
be easily cajoled or forced to resign”, yet he is also a human being whose sensitivity to hostility and
antagonism could not be doubted. The complainant here spent thirteen (13) years of his life with a
company that he helped build. It was his dream to place the brand REVA in the map of sporting world
- a dream and promise which he successfully fulfilled. How would a man who helped improve the
REVA brand feel when the company that he holds dearly to his heart treat him with such resentment?

60. Surely, a man whose feelings have been wounded and bruised would be felt compelled to
write such resignation letter. It might be true that the decision to resign was that of petitioner but the
antipathy he experienced from OCAMPO forced him to do so and left him with no choice but to leave
UNISPORT. And it is unmistakable that OCAMPO’s ill feeling revealed her ulterior motive to put
petitioner under extreme condition of a stressful environment which compelled petitioner to finally
forego of his employment.

61. At length, other than the self-serving allegations of OCAMPO and the allegedly
corroborative testimony of one of its employees, UNISPORT have not substantially discharged its
burden of proving that SOCORRO’s resignation was voluntary. SOCORRO was on the losing end in
this case for he has no access to the company records and has less influence on the people that could
testify in his defense. It is also for these reasons that petitioner meekly seeks the assistance of this
Honorable Tribunal to give him the justice which he was unfairly deprived;

PRAYER

WHEREFORE, in the light of the foregoing, it is most respectfully prayed of this Honorable Court
that the instant Petition be given due course, and that the assailed Labor Arbiter’s Decision dated 23
February 2012, the NLRC Decision dated 31 May 2012, dismissing SOCORRO’S Appeal and the
NLRC Decision dated 23 July 2012, denying SOCORRO’S Motion for
Reconsideration, be set aside.

Praying for such other reliefs as may be just and equitable under the premises.

Pasig City for the City of Manila, 11 October 2012.

JAWID LAW OFFICE

Counsel for Petitioner

Unit 910 Antel Global Corporate
Center
Nr 3 Doña Julia Vargas Avenue,
Ortigas CBD, Pasig City

By:

ARIEL GENARO GARCIA

JAWID

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PTR Nr 10273767;01.02.12;Las
Piñas City
IBP Lifetime Member Nr 01904
Roll Nr 39314
MCLE Compliance Nr IV-
000196;01.19.11

CHATO ANCHETA CABIGAS

PTR Nr 3247131; 02.23.12;
Makati City
IBP Lifetime Member Nr 011053
Roll Nr 58436
MCLE Compliance No IV-
0002307;08.03.11

Copy furnished:

Atty. Ernesto S. Dinopol Counsel for Respondents

Suite 405-B, Web-Jet Bldg., 64 Quezon Avenue cor. BMA
Ave. Quezon City

National Labor Relations Commission

Third Division
PPSTA Bldg., Banawe St.,
1100 Quezon City

VERIFICATION AND CERTIFICATION

FOR NON-FORUM SHOPPING

I, JESUS T. SOCORRO, married, of legal age, and with address at No. 4 Garden Groove St.,
Park Place Village, Cainta, Rizal, 1900, hereby depose and state that:

1. I am the petitioner in the above-captioned Petition for Certiorari;

2. I caused the preparation of the foregoing Petition for Certiorari and that I have read and
understood the contents thereof;

3. The allegations contained therein are true and correct of my personal knowledge and/or
based on authentic records of this case;

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4. I hereby certify that I have not filed or caused to be filed any other case or proceeding
involving the same issues or subject matter in the Supreme Court, the Court of Appeals, or
any other Court, tribunal or quasi-judicial agency, and to the best of my knowledge, no
such action or claim is pending therein;

5. Should hereafter I learn that there is a similar pending before any such Courts, tribunal or
agency, I undertake to report such fact to this agency within five (5) days from such
knowledge.

IN WITNESS WHEREOF, I hereunto affixed my signature on 11 October 2012 at the City

of Manila.

JESUS T. SOCORRO
Affiant

SUBSCRIBED AND SWORN TO BEFORE me this 11th day of

October 2012 at the City of Manila, affiant exhibiting to me his Driver’s License No. 1-82-025377 as
competent evidence of affiant’s identity.

Doc. No. _____;

Page No. _____;
Book No. _____; Series of 2012.

AFFIDAVIT OF SERVICE

I, MARVIN PLATON, Filipino, of legal age, single and with postal address at Unit 910
Antel Global Corporate Center, No. 3 Dona Julia Vargas Avenue, Ortigas CBD, Pasig City
1605, after having been duly sworn to in accordance with law, hereby depose and state the
following:

I am the liaison officer of the Jawid Law Office, the representative of the Petitioner in the
above-entitled
Petition for Certiorari;

On October 12, 2012, I served the following pleading/paper:

PETITION FOR CERTIORARI

in

JESUS T SOCORRO
vs.
NATIONAL LABOR RELATIONS COMMISSION ET
AL.,

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pursuant to Sections 3, 5, and 13 of Rule 13 of the Rules of Court by personal service to the
following:

Atty. Ernesto S. Dinopol

Counsel for Respondents-Appellees Suite 405-B, Web-Jet Bldg.,
64 Quezon Avenue cor. BMA Ave.
Quezon City

NATIONAL LABOR RELATIONS COMMISSION

Third Division
PPSTA Bldg., Banawe St., 1100 Quezon City

I am executing this affidavit in order to attest to the truth of all the foregoing.

City of Manila, October 12, 2012.

MARVIN
PLATON
Affiant

SUBSCRIBED AND SWORN to before me this 12th day of October, 2012 affiant exhibiting to me his
____________________ as competent evidence of affiant’s identity.

Doc. No.:____;
Page No.____;
Book No.____; Series of 2012.

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