legal forms 3rd quarter1

8/13/2019 Legal Forms 3rd Quarter1

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COMPLAINT FOR RECOVERY OF PERSONAL PROPERTY(Replevin)

(CAPTION AND TITLE)

COMES NOW, the Plaintiff, through the undersigned counsel in the above entitled case and to this Honorable Courtalleges:

1. That said plaintiff is the lawful owner of the following described personal property;2. That on or about the 1stday of March 1988, herein defendant borrowed said property from Plaintiff promising

to return the same the next day;

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

4. That said property has not been taken from the said plaintiff for tax assessment or fine pursuant to law, orseized under an execution, or attachment against the property of the Plaintiff (or if so seized, that it is ex-

empted from such seizure);

5. That the actual value of the said personal property is P10, 000.00;6. That the herein plaintiff is ready and willing to file a bond, executed to the defendant in double the value of

the property stated above, for the return of the property to the Defendant if the return thereof be adjudged,and for the payment to the Defendant of such sum as he may recover from the Plaintiff in the auction.

WHEREFORE, Plaintiff prays for judgment:

1. Ordering the sheriff or other officer of the Court forthwith to take such property into his custody and to dispose of itin accordance with the Rules of Court;

2. After trial of the issues, adjudging that the Plaintiff has the right to the possession of said personal property andrendering judgment in the alternative against the Defendant for the delivery thereof to the Plaintiff of the valuethereof in case delivery cannot be made;

3. Ordering the defendant to pay the costs of this suit, and for such other equitable relief in the premises.

_________________________Counsel

VERIFICATION/CERTIFICATIONOF NON-FORUM SHOPPING

I, NAPOLEON C. GATMAITAN, Filipino, of legal age with address at#11 Bohol St., Barangay Horseshoe, Quezon City afterhaving been duly sworn in accordance with law depose and say:

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

2.That I caused the preparation of the foregoing Complaint and I have read the allegations therein and certify that the same aretrue and correct of my own personal knowledge;

3.That I further certify that I have not commenced any other action involving the same issues before the Supreme Court, Courtof Appeals or any division thereof or any tribunal or agency; and to the best of my knowledge no such action is pending beforeThe Supreme Court, Court of Appeals or any division thereof or any tribunal oragency;4.That in the event that any action involv-ing the same should be made known, I hereby bind myself to report the same within five (5)days from knowledge thereof to thisHonorable Court.

WITNESS WHEREOF, I hereunto set my hand this _______ day of ________, ________ at Quezon City, Metro Manila, Philip-pines.

NAPOLEON C. GATMAITANPlaintiff

SUBSCRIBED AND SWORN TObefore me this ______ day of ______, ______ at Quezon City, affiant having exhibited to me her CTC No. ___________ issuedon __________ at __________.


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NOTARY PUBLICDoc. No._____Page No. ____Book No. _____Series of _____

COMPLAINT FOR EJECTMENT

XYZPlaintiff,

CIVIL CASE NO. _______________-versus-

ABCDefendant.

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

COMPLAINT

COMES NOW the Plaintiff in the above entitled case, through counsel, and to this Honorable Court alleges;

I

That the plaintiff is of legal age and a resident of the City of Manila; that defendant is likewise of legal age, residing atNo. 2 Cruz Street, Manila and may be served with summons at said address;

II

That defendant on January 7, 2001, leased from the plaintiff the premises located at No. 7 Cruz Street, Manila, agree-ing to pay monthly rental of P 1, 000.00

III

However, defendant failed to pay the aforesaid monthly rentals on their due dates, such that as of the date hereof, hisarrearages have accumulated up to P_____________;

IV

That on March 7, 2001, demands was made on defendant to pay his rental in arrears and vacate the premises, but de-spite said demands, written and oral, defendant failed and refused to pay the rentals in arrears and vacate the premises leasedby him;

V

As a result, plaintiff was constrained to institute this case, incurring in the process obligations for litigation expensesand attorneys fess in the amount of _______________

PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him:

1. To vacate the premises leased by him;2. To pay the monthly sum of P1, 000.00 beginning with the month of __________, 2001, with interest thereon

at the legal rate until fully paid until the defendant vacates said premises;

3. To pay the sum of P_________ as litigation expenses and attorneys fees.Plaintiff further prays for such other reliefs as this Court may deem just and equitable.

Manila, Philippines, May 1, 2001.

DEFGAttorney for the Plaintiff

_________________________________


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Address

P.T.R. No._______ Date & Place of Issue_____IBP O.R. No._____ Date & Place of Issue_____

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

_______________________Plaintiff

JURAT

REPUBLIC OF THE PHILIPPINESLOCAL CIVIL REGISTRY OFFICE

Province of PangasinanCITY OF ALAMINOS

Republic of the Philippines )Province of Pangasinan )City of Alaminos ) Petition No. ______________

______________________) SSPETITION FOR CORRECTION OF CLERICAL ERROR

IN THE CERTIFICATE OF LIVE BIRTHI, ___________________________________________, of legal age, ____________________,

(complete name of petitioner) (nationality/citizenship)and a resident of ____________________________________________________________________(complete address)after having been duly sworn to in accordance with law, hereby declare that:

1. I am a petitioner seeking correction of the clerical error in:a) my Certificate of Live Birthb) the Certificate of Live Birth of _________________________________________________(complete name of owner)

who is my ___________________________________________________________________(relation of owner to the petitioner)

2. I/He/She was born on _________________________ at ______________________________(date of birth) (city/municipality)

_______________________________________, ____________________________________.(province) (country)

3. The birth was recorded under registry number __________________________________.4. The clerical error(s) to be corrected is (are): (Use additional sheets, if necessary.)Item No. Description From To5. The facts/reasons for filling this petition are the following: (Use additional sheets, if necessary.)

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________6. I submit the following documents to support this petition: (Use additional sheets, if necessary.)a) ________________________________________________________________________b) ________________________________________________________________________c) ________________________________________________________________________d) ________________________________________________________________________7. I have not filed and similar petition and that, to the best of my knowledge, no longer similarpetition is pending with any LCRO, Court or Philippine Consulate.8. I am filing this petition at the LCRO of ______________________, _______________________

(city/municipality) (province)in accordance with RA No. 9048 and its implementing rules and regulations.

__________________________________

Signature over printed name of petitioner

VERIFICATIONI, ____________________________________, the petitioner, hereby certify that the allegationsherein are true and correct to the best of my knowledge and belief.

______________________________Signature over printed name of petitioner

SUBSCRIBED AND SWORN to before me this ___________ day of _____________________


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in the city / municipality of _____________________________, petitioner exhibiting his Community TaxCertificate No. __________________ issued at __________________ on ______________________.

Doc. No. ________________Page. No. ________________ __________________________Book No. ________________ Administering OfficerSeries of ________________

COMPLAINT

COMES NOW, the Plaintiff in the above-entitled case, through counsel, and to this Honorable Court alleges:

1.That plaintiff is of age, married and residing at No. 80 Agno Street, Quezon City, while defendant is likewise of age, marriedand residing at No. 100 Agno Street, Quezon City, where he may be served with summons;

2.That plaintiff is the owner of a semi-concrete bungalow located at No. 100 Agno Street, Quezon City;

3.That on June 10, 2001, plaintiff leased the said bungalow to the defendant for the next three (3) years at a monthly rental ofP1,000.00, payable within the first five days of each month, and that the lease contract thereon is hereto attached as Annex A;

4.That since June 11, 2004, the lease contract had already expired and, despite repeated demands, defendant had refused tovacate the premises and continues to occupy the same.

5.That written demand (Annex Bhereof) to vacate and pay rentals in arrears was sent to and received by defendant but despitesaid demand, he failed to vacate the same or pay said rentals.

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering her:

1.To vacate the premises;

2.To pay the monthly sum of P1,000.00 beginning on June 11, 2004, with interest thereon at the legal rate until fully paid, untilthe defendant vacates said premises;3.To pay the sum of P2,000.00 as litigation expenses and attorneysfees. Quezon City,July 7, 1983.

LAWRENCE VILLEGASAttorney for the Plaintiff

XYZ Building, Quezon CityIBP No. 12345; 1/3/1983; Quezon City

PTR No.61879; 2/2/1983;Quezon City Roll of Attorneys No. 12344

VerificationJurat

Republic of the PhilippinesMETROPOLITAN TRIAL COURTNational Capital Judicial Region

Branch ____, Quezon City

NAPOLEON C. GATMAITANPlaintiff,-versus- CIVIL CASE NO. _____

For: Collection of a Sum of Money

EDGARDO S. SANTOSDefendant .

X - - - - - - - - - - - - - - - - - - - - - - - - - - -XCOMPLAINT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court, respectfully alleges:


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Counsel for the PlaintiffPhoenix Sun Business Park E. Rodriguez Jr. Ave., Libis, Quezon City

Roll No. 76430IBP No. 352980 dated 1-2-08MCLE Compliance No. 11-00043527

VERIFICATION/CERTIFICATIONOF NON-FORUM SHOPPING

I, NAPOLEON C. GATMAITAN, Filipino, of legal age with address at#11 Bohol St., Barangay Horseshoe, Quezon City afterhaving been duly sworn in accordance with law depose and say:

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

2.That I caused the preparation of the foregoing Complaint and I have read the allegations therein and certify that the same aretrue and correct of my own personal knowledge;

3.That I further certify that I have not commenced any other action involving the same issues before the Supreme Court, Courtof Appeals or any division thereof or any tribunal or agency; and to the best of my knowledge no such action is pending beforeThe Supreme Court, Court of Appeals or any division thereof or any tribunal oragency;4.That in the event that any action involv-ing the same should be made known, I hereby bind myself to report the same within five (5)days from knowledge thereof to this

Honorable Court.

WITNESS WHEREOF, I hereunto set my hand this _______ day of ________, ________ at Quezon City, Metro Manila, Philip-pines.

NAPOLEON C. GATMAITANPlaintiff

SUBSCRIBED AND SWORN TObefore me this ______ day of ______, ______ at Quezon City, affiant having exhibited to me her CTC No. ___________ issuedon __________ at __________.

NOTARY PUBLICDoc. No._____Page No. ____Book No. _____Series of _____

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGION

MUNICIPAL TRIAL COURTLingayen, Pangasinan

REKLAMADORPlaintiff,

Civil Case No. _______- Versus For: Forcible Entry

NIREREKLAMODefendant.

X - - - - - - - - - - - - -x

COMPLAINT

COMES NOW the Plaintiff in the above entitled case, through counsel, and to this Honorable Court alleges:

I.

That the plaintiff is of legal age and a resident of # 350 Reyes St. Quezon City; that the defendant is likewise oflegal age, residing at # 25 Sct. Albano St. Quezon City and may be served with summons at said address;

II.

That the plaintiff had been in the lawful and peaceful possession of a house

and lot situated at # 544 Gumamela St. Quezon City being the owner thereof, since October 21, 1988 until the day and incidentin the following paragraph hereof;


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III.

That on or about June 1, 2001, by means of force, strategy and stealth, unlawfully entered said house ejectingBANTAY who, for and in behalf of plaintiff, was staying in and looking after the house, thereby illegally depriving plaintiff of thepossession of the premises;

IV.

That since the day mentioned in the preceding paragraph, defendants have remained in illegal possession of thesaid premises and, up to the present, still retain such possession thereof;

V.

That the reasonable rental value of said premises is EIGHTEEN THOUSAND PESOS (Php 18,000.00) a month;

VI.

As a result, plaintiff was constrained to institute this case, including in the process obligations for litigation ex-penses and attorneys fees in the amount of _______.

PRAYER

WHEREFORE, it is most respectfully prayed that judgment be rendered in favor of plaintiff and against defendants:

1. Ordering the latter to vacate premises in question and to restore the possession thereof to plaintiff;

1. Ordering the defendants to pay plaintiff P80.00 a month, from the time of forcible entry to the time possession isreturned to plaintiff;

2. Other just and equitable relief are also prayed for.Quezon City, Philippines, August, 24, 2001.

Atty. WALANG KWENTAAttorney for Plaintiff

____________________Address

IBP #_________1/2/2001; Pasig CityPTR#_______2/2/2001;Pasig City


VERIFICATION

JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that:

I am the petitioner in the instant case.

I have read the foregoing Petition and the allegations therein are true and correct of my own knowledge and/or basedon the records on hand.

I attest to the authenticity of the annexes thereof.

CERTIFICATION

I certify that:

a. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Courtof Appeals, or different Divisions thereof, or any other tribunal or agency.


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b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions there-of, or any other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, theCourt of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify thisHonorable Court within five (5) days from such notice.

_______________________JUAN DELA CRUZ

_______________Plaintiff

JURAT

SUBSCRIBED AND SWORN to before me, in the City/Municipality of _____________, this ________________day of

____________, 20____, by ______________ with Community Tax Certificate No. _________ issued at __________ on

_______________, 20______.

NOTARY PUBLICUntil Dec. 31, 20______IBP#________1/2/2001;Pasig City

Doc. No. ; PTR#_______2/2/2001;Pasig CityPage ;Book ;Series of 2001 .

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGION

MUNICIPAL TRIAL COURTLingayen, Pangasinan

XYZPlaintiff,

CIVIL CASE NO. _______________-versus- For: Unlawful Detainer

ABCDefendant.

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

COMPLAINT

COMES NOW the Plaintiff in the above entitled case, through counsel, and to this Honorable Court alleges;

I

That the plaintiff is of legal age and a resident of the City of Manila; that defendant is likewise of legal age, residing atNo. 2 Cruz Street, Manila and may be served with summons at said address;

II

That defendant on January 7, 2001, leased from the plaintiff the premises located at No. 7 Cruz Street, Manila, agree-ing to pay monthly rental of P 1, 000.00

III

However, defendant failed to pay the aforesaid monthly rentals on their due dates, such that as of the date hereof, hisarrearages have accumulated up to P_____________;

IV

That on March 7, 2001, demands was made on defendant to pay his rental in arrears and vacate the premises, but de-spite said demands, written and oral, defendant failed and refused to pay the rentals in arrears and vacate the premises leasedby him;


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V

As a result, plaintiff was constrained to institute this case, incurring in the process obligations for litigation expensesand attorneys fees in the amount of _______________

PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him:

4. To vacate the premises leased by him;5. To pay the monthly sum of P1, 000.00 beginning with the month of __________, 2001, with interest thereon

at the legal rate until fully paid until the defendant vacates said premises;6. To pay the sum of P_________ as litigation expenses and atto rneys fees.Plaintiff further prays for such other relief as this Court may deem just and equitable.

Manila, Philippines, May 1, 2001.


_________________________________Address



VERIFICATION

JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that:

I am the petitioner in the instant case.

I have read the foregoing Petition and the allegations therein are true and correct of my own knowledge and/or basedon the records on hand.

I attest to the authenticity of the annexes thereof.

CERTIFICATION

I certify that:

a. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Courtof Appeals, or different Divisions thereof, or any other tribunal or agency.

b. No such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions there-of, or any other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, theCourt of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify this

Honorable Court within five (5) days from such notice.

_______________________JUAN DELA CRUZ

_______________________Plaintiff


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JURAT

SUBSCRIBED AND SWORN to before me, in the City/Municipality of _____________, this ________________day of

____________, 20____, by ______________ with Community Tax Certificate No. _________ issued at __________ on

_______________, 20______.

NOTARY PUBLICUntil Dec. 31, 20______IBP#________1/2/2001;Pasig City

Doc. No. ; PTR#_______2/2/2001;Pasig CityPage ;Book ;Series of 2001 .

COMPLAINT

NOW COMES plaintiff to this Honorable Court and for cause of action against the defendant, respectfully alleges:

That on March 6, 1988, defendant executed a promissory note (Annex A hereof) in favor of the plaintiff in terms andconditions as follows:

(COPY)That to secure the payment of the said promissory note, defendant executed on March 1, 1988 a Deed of Mortgage in

favor of plaintiff over a parcel of land whose technical description is as follows:

(COPY DESCRIPTION)

Copy of said Deed of Mortgage is attached hereto, marked annex B and made as integral part of this complaint;

That said mortgage was registered with the Office of the Registrar of Deeds of Quezon City on March 2, 1988;

That payment of said promissory note is long overdue and defendant has failed to pay the same despite repeated de-mands;

WHEREFORE, it is respectfully prayed that judgment be issued in favor of the plaintiff, ordering the defendant to pay:

1. The principal sum of P50,000.00 until fully paid;2. That the aforementioned parcel of land be sold at a public auction should the defendant fail to pay the sums

set forth in this complaint and apply the proceeds thereof in accordance with the dispositions of law.


________________________________________Address



_______________________Plaintiff

JURAT

legal forms 3rd quarter1

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