Appendix of Forms
2. Unless otherwise indicated, each pleading, motion or other paper should have the following caption and title:
REPUBLIC OF THE PHILIPPINES
IN THE COURT OF FIRST INSTANCE OF _____________________________ (Name of province)
or
IN THE JUSTICE OF THE PEACE COURT OF _____________________________
(Name of municipality)
A. B., plaintiff versus Case Number _____________ C. D., defendant
or
In the Matter of __________________________
(When the case is a special proceeding)
Case Number _____________
3. Each pleading, motion or other paper is to be signed by at least one attorney of record in his individual name, followed by his address. If a party is not represented by an attorney, the signature and address of the party are required in place of those of the attorney.
Form 1. — COMPLAINT FOR EJECTMENT.
Plaintiff alleges that defendant has unlawfully turned him but of possession (or unlawfully withholds from him the possession, as the case may be) of certain lands and building (here describe the premises), situated in the municipality of ___________________________________________________________________
Wherefore, he prays that he be restored to the possession of said premises, with damages and costs.
Form 2. — SUMMONS.
To ___________________________________________________, defendant.
You are hereby summoned and required to file and serve your answer to the complaint copy of which is here with served upon you, within fifteen (15) days after service hereof exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
__________________, Clerk,
Court of First Instance of _________________
Form 3. — ANSWER WITH DEFENSES.
FIRST DEFENSE
The complaint fails to state a claim against defendant upon which relief can be granted.
SECOND DEFENSE
If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is a resident of the City of Manila, is subject to the jurisdiction of this court, as to both service of process and venue.
THIRD DEFENSE
Defendant admits the allegations contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies the allegation contained, in paragraph 3, the true facts being the following (here set out the facts in support of denial).
Form.4. — ANSWER WITH COUNTERCLAIM AND CROSS-CLAIM.
Defendant admits the allegations contained in paragraphs 1 and 2 of the complaint, and, as
COUNTERCLAIM
(Here set forth any claim as counterclaim in the same manner in which a claim is pleaded in a complaint), and, as
CROSS-CLAIM
(Here set forth any claim constituting the cross-claim against the defendant M. N. in the same manner in which a claim, is pleaded in a complaint.)
Form 5. — ANSWER WITH COUNTERCLAIM FOR INTERPLEADER
DEFENSES
Defendant admits the allegations stated in paragraph 1 of the complaint; and denies the allegations stated in paragraph 2 to the extent set forth in the counterclaim herein.
COUNTERCLAIM FOR INTERPLEADER
Defendant received the sum of ten thousand pesos as a deposit from E. F.
Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E. F.
E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.
Wherefore, defendant demands:
(a) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim;
(b) That the court order the plaintiff and E. F. to inter-plead their respective claims;
(c)That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money;
(d)That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money;
(e)That the court award to the defendant its costs and attorneys fees.
Form 6. — MOTION TO BRING IN THIRD-PARTY DEFENDANT.
Defendant moves for leave to make E. F. a party to this action and that there be served upon him summons and third-party complaint as set forth in Exhibit A hereto attached.
Form 7. — THIRD PARTY COMPLAINT.
Plaintiff A. B. has filed against defendant C. D. a complaint, copy of which is hereto attached as Exhibit C.
(Here state the grounds upon which CD. is entitled to recover from E. F., all or part of what A. B. may recover from C. D., or upon which A. B. is entitled to recover from E. F. and not from C. D. The statement should be framed as in an original complaint).
Wherefore, C. D. demands judgments against third-party defendant E. F. for all sums that may be adjudged against defendant C. D. in favor of plaintiff A. B.
Form 8. — MOTION TO DISMISS
Defendant moves:
To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted;
To dismiss the action on the ground that it is barred by a former judgment, copy of which is hereto attached;
To dismiss the action, on the ground of improper venue because the property in litigation is situated in the City of Iloilo.
Form 9. — MOTION TO INTERVENE AS DEFENDANT.
E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that he is the manufacturer and vendor to the defendant, as well as to others, of the articles alleged in the complaint to be an infringement of plaintiffs patent, and as such has a defense to plaintiffs claim presenting both questions of law and of fact which are common to the main action.
Form 10. — INTERVENORS ANSWER.
Intervenor admits the allegations in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert the legality of the issuance of the Letters Patent to the plaintiff, the true facts being as follows (here set out the facts in support of denial).
Form 11. — MOTION FOR PRODUCTION OF DOCUMENTS.
Plaintiff A. B. moves for an order requiring defendant C. D.:
To produce and permit plaintiff to inspect and to copy each of the following documents:
(Here list the documents and describe each of them.)
To produce and permit plaintiff to inspect and to photograph each of the following objects:
(Here list the objects and describe each of them.)
To permit plaintiff to enter (here describe property to be entered) and to inspect and photograph (here describe the portion of the real property and the objects to be inspected and photographed).
Defendant C D. has the possession, custody, or control of each of the foregoing documents and objects and of the above-mentioned real estate. Each of them constitutes or contains evidence relevant and material to the matter involved in this action.
Form 12. — REQUEST FOR ADMISSION.
Plaintiff A. B. requests defendant C. D. to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial.
That each of the following documents, exhibited with this request, is genuine. (Here list the documents and describe each of them.)
That each of the following statements is true. (Here list the statements.)
Form 13. — OFFER OF COMPROMISE.
______________________________________________, the above-named defendant, hereby offers to allow judgment to be taken against him and in favor of___________________, the above-named plaintiff, in the above-entitled action which is now pending in this court, for the sum of _________________.pesos, with interest from__________, 19___________, together with costs.
Form 14. — SUBPOENA.
To _______________________________________________., (address)
You are hereby commanded to appear before the Court of First Instance of _________________________, on the _____________ day of________, 19__________, at______________ oclock, then and there to testify in the action of ________________, against_________ (here set out the number of the case).
Witness the Honorable __________________________________________, judge of said court, this _____________ day of ____________, 19_________,
______________________________, Clerk
Form 15. — SUBPOENA DUCES TECUM.
You are hereby required to appear before the Court of First Instance of
On the________ day of________, 19 _________at____________ o clock, and to bring with you into court the following (describe book, deed, writing, or other documents), it being necessary to use the same as testimony in a cause there pending, wherein ___________.is plaintiff and _____________is defendant.
Witness the Honorable ___________________________, judge of said court, this________________ day of_____________, 19___________.
___________, Clerk
Form 16. — ORDER OF ATTACHMENT.
To the Sheriff (or his deputy)
Province of___________________________________________
Whereas_____________________, of___________________________ (or __________________________ as agent or attorney of_____________________ for the plaintiff) has complained on oath to _______________________, Judge of the Court of First Instance of _____________________________ that ___________, of ________________is justly indebted to the said ______________ (plaintiff), in the amount of _____________ pesos, and that said__________________ (defendant) is a nonresident (or is about to abscond from the Philippines, etc.reciting the affidavit), and
Whereas, security has been given by the plaintiff according to these rules;
We, therefore, command you that you attach the estate, real and personal, of the said______________________. (defendant) in your province, to the value of the said demands and costs of suit, and that you safely keep the same according to these rules, unless the defendant gives security to pay such judgment as may be recovered in the said action in the manner provided by the Rules of Court, and that you summon the said ________________________ (defendant), if to be found in your province, to appear before the Court of First Instance of _________________on the ______________ day of________, 19______________, to answer the complaint, copy of which is hereto annexed, and return this writ with your proceedings endorsed thereon.
Witness my hand this ___________ day of __________, 19__________.
_________________________, Judge
Form 17. — ORDER OF EXECUTION.
To the Sheriff (or his deputy)
Province of________________________________________________
You are hereby commanded that, of the goods and chattels of __________________ (defendant), you cause to be made the sum of _____________ pesos for damages, together with interest thereon from the date of this execution until the date of payment, at the: rate of six per centum per annum; and the further sum of ______________ pesos for costs of suit, together with your lawful fees for the service of this execution, all in the Philippine currency, which______________(plaintiff) recovered in our Court of First Instance of on the day of _______, 19___________, against _______________ (defendant) for damages, interest, and costs, and that you render the same to the said________________ (plaintiff) aside from your own fees on this execution, and do you likewise return this writ into court within _________ days from date, with your proceedings endorsed thereon. But, if sufficient personal property cannot be found whereof to satisfy this execution and lawful fees thereon, then you are commanded that of the lands and buildings of the said defendant you make the said sums of money in the manner required by the Rules of Court, and make return of your proceedings with this writ within _____________ days from date.
Witness the Honorable ___________________________________, Judge of said court, this ____________ day of_________, 19______________.
_______________, Clerk
Form 18. — OFFICERS RETURN OF SERVICE.
I have this day served a copy of the within complaint and process upon__________________________personally (or, state the other manner of service employed).
Dated this ____________ day of_____________, 19______________.
_________________ (Sheriff or his Deputy)
Form 19. — OFFICERS DEED.
KNOW ALL MEN BY THESE PRESENTS:
That, whereas, an execution against ______________, of ______________, in the province (or city) of _______________, in the action of ____________________ of _________________________ in the province (or city) of ______________________, was by me, Sheriff (or Deputy) for the province (or city) of_________ on the _________ day of _________, 19_________, levied on (here describe the premises), and
Whereas, on the_________ day of_________, 19_________ all the estate, right, title, interest, and property of the said _________ (defendant) in the premises aforesaid were by me, the said (herein insert the name of the officer), sold at public auction, for the satisfaction of said execution to ______________________, of ______________________, province (or city) of _______________who was the highest bidder, for the sum of_______________ pesos which the said _______________ has since fully paid to me.
Now, by force and virtue of the Rules of Court in such cases made and provided, I, the said _______________ (the officer), in consideration of the sum of money paid unto me as aforesaid, do, by these presents, sell and assign and set over unto the said purchaser, his heirs, and assigns, forever, all the estate, right, title, interest, property and inheritance of the said_______________________. (defendant) in and to the said premises and appurtenances, at the time of the levy thereon (or of the attachment, as the case may be).
To have and to hold the said premises and appurtenances to the said ________________________ (purchaser), his heirs and assigns forever.
In witness whereof, I hereunto set my hand and seal, on this day of _______, 19_______.
(Acknowledgement)
Form 20. — TRANSMITTAL OF RECORD BY JUSTICE OF THE PEACE OR MUNICIPAL JUDGE.
Copy of the record of the proceedings before _______________________, justice of the peace of the municipality of____________________, province of _______________________ (or municipal judge as the case may be), in the case herein set forth, to wit: (here copy the entries on the docket), and certify as follows, namely:
Philippines, Province of_______________________,
I, _______________________, justice of the peace of said municipality (or municipal judge), certify that the foregoing is a copy of the record and proceedings before me in the case stated therein as appears on my docket.
Given under my hand this _________ day of _________, 19_________.
Form 21. — PETITION FOR LETTERS ROGATORY.
Petitioner shows:
1. He is the plaintiff (or defendant) in the above-entitled action;
2. The above action is pending and undetermined in the Court of First Instance of ________________________;
3. A commission issued by this Court on the _________ day of _________, 19_________, to take the testimony of (here name the witness or witnesses) in (here name the foreign country in which the testimony is to be taken), before __________________ (name of officer), was returned unexecuted by _________________on the ground that _________, all of which more fully appears from the certificate of said_______________ to said commission and made a part hereof by attaching it hereto (or state other facts to show commission is inadequate ox cannot be executed).
Wherefore, petitioner prays that this court order the issuance by the clerk of this court of letters rogatory directed to __________________ and requesting the examination of ______________________ as a witness (or witnesses) on the interrogatories filed herewith and made a part hereof.
Form 22. — LETTERS ROGATORY.
The Court of ___________________ (name of the court) to Judge or Tribunal having jurisdiction of Civil Causes at __________________. (name of foreign country);
Whereas, a certain suit is pending in the Court of First Instance of _________________________, in which___________________ is plaintiff and____________________ is defendant, and it has been suggested to us that there are witnesses residing within your jurisdiction without whose testimony justice cannot completely be done between said parties.
We, therefore, request you that in furtherance of justice you will by the proper and usual process of your court cause such witness (or witnesses) as shall be named or pointed out to you by the said parties or either of them (if witnesses are named, omit the last clause), to appear before you or some competent person by you for that purpose to be appointed and authorized at a precise time and place by you to be fixed and there to answer on their oaths and affirmations to the several interrogatories hereunto annexed; and that you will cause their depositions to be committed to writing and returned to us under cover duly closed and sealed up together with these presents. And we shall be ready and willing to do the same for you in a similar case when required.
__________________________, Clerk,
Court of First Instance of_____________________
Form 23. — CRIMINAL COMPLAINT.
THE PEOPLE OF THE PHILIPPINES, plaintiff Versus Criminal Case No. _________ for SEDUCTION A. B., Accused _____________________________}
The undersigned accuses A. B. of the crime of seduction committed as follows:
(Here set out the time and place when and where the crime is committed, and the facts constituting the offense.)
Contrary to law.
(Complainant)
(Verification)
A preliminary investigation has been conducted in this case under my direction, having examined the witnesses under oath.
_______________________________
(Justice of the Peace)
(Verification)
Witnesses:
Form 24. — INFORMATION.
THE PEOPLE OF THE PHILIPPINES, plaintiff Versus Criminal Case No. _________ for ESTAFA A. B., Accused _____________________________}
The undersigned accuses A.B. of the crime of estafa committed as follows:
(Here set out the time and place when and where the crime complained of has been committed, and the facts constituting the offense.)
Contrary to law.
_______________________________
(Fiscal)
(Verification)
A preliminary investigation has been conducted in this case under my direction, having examined the witnesses under oath.
____________________, Fiscal
(Verification)
Witnesses:
BAIL RECOMMENDED P______________
Form 25. — PETITION FOR THE ISSUANCE OF A SEARCH WARRANT.
THE PEOPLE OF THE PHILIPPINES, plaintiff Versus Criminal Case No. _________ for (State nature of the offense) A. B., Accused _____________________________}
APPLICATION FOR SEARCH WARRANT
The undersigned (name of applicant) after having been duly sworn, states:
1. That (name of the person to be searched), who may be found at (describe premises) is in possession or has in in his control (name property subject of the offense; or stolen or embezzled and other proceeds or fruits of the offense; or used or intended to be used as the means of committing an offense) which he is keeping and concealing in premises above described. (Cancel description not applicable.)
2. That a search warrant should be issued to enable any agent of the law to take possession and bring to this court the following described property: (give a complete and detailed description of the property to be seized.)
Wherefore, the undersigned prays this Honorable Court to issue a search warrant authorizing any agent of the law to search the premises above described and to seize and surrender to this Honorable Court the personal property mentioned above to be dealt with as the law directs.
____________________ Philippines, _________ 19 _________.
______________________, Applicant
Form 26. — SEARCH WARRANT.
THE PEOPLE OF THE PHILIPPINES, plaintiff Versus Criminal Case No. _________ for (State nature of the offense) A. B., Accused _____________________________}
TO ANY PEACE OFFICER:
Greetings:
It appearing to the satisfaction of the undersigned after examining under oath (name of applicant) and his witness (name of witness) that there is probable cause to believe that (describe the act charged) has been committed or is about to be committed and that there are good and sufficient reasons to believe that (name of person or persons to be searched) has in his possession or control in (describe premises) in (name of street), district of ________________, (name property subject of the offense; or stolen or embezzled and other proceeds or fruits of the offense; or used or intended to be used as the means of committing an offense) which should be seized and brought to the undersigned. (Cancel description not applicable.)
You are hereby commanded to make an immediate search at any time in the day (or night) of the premises above described and forthwith seize and take possession of the following personal property, to wit: (give a complete and detailed description of the property to be seized) and bring said property to the undersigned to be dealt with as the law directs.
Witness my hand this _________ day of _________, 19_________.
_________________________, Judge
Form 27. — ORDER OF ARREST.
(Title)
TO ANY LAWFUL OFFICER:
You are hereby commanded to arrest A. B., who is said to be at (name of place where accused resides) and who stands charged before me of the crime of estafa and to bring him before me as soon as possible to be dealt with as the Rules of Court direct.
_____________________________
Judge, Court of First Instance
of __________________
The bond for the release of the accused in this case is fixed at P_________ which may furnished by the said accused either by depositing the amount in the office of the local municipal treasurer who should transmit the same to this court or by furnishing a personal bond subscribed by two solvent sureties whose solvency may be shown by their land tax receipts. The constabulary officers making his arrest are hereby authorized to accept either of said bond.
___________________________
Judge, Court of First Instance
of __________________
Form 28. — ATTORNEYS OATH.
I, ___________________________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.