legal forms f.167-172

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Form No. 167 - PETITION FOR DECLARATION OF PRESUMPTION OF DEATH AND AUTHORITY TO EXECUTE DEED OF SALE (Caption) PETITION PETITIONER, alleges that: (1) Petitioner is of legal age and resident of _______________; (2) Petitioner was civilly marries to [name of husband] , copy of the marriage certificate is attached hereto and made part hereof as Annex “A”; (3) On _____________, 20___, petitioner’s husband [name of the husband] boarded Philippine Airlines Flight No. ____________ bound for the United States of America. Unfortunately, the plane he was then riding was then declared missing somewhere in the Pacific Ocean and for more than five (5) years now, the plane he was riding has not been heard of. Hence, she has all the reasons to believe that her husband is now dead;

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Page 1: Legal Forms f.167-172

Form No. 167 - PETITION FOR DECLARATION OF

PRESUMPTION OF DEATH AND AUTHORITY

TO EXECUTE DEED OF SALE

(Caption)

PETITION

PETITIONER, alleges that:

(1) Petitioner is of legal age and resident of _______________;

(2) Petitioner was civilly marries to [name of husband], copy of the marriage certificate is attached hereto and made part hereof as Annex “A”;

(3) On _____________, 20___, petitioner’s husband [name of the husband] boarded Philippine Airlines Flight No. ____________ bound for the United States of America. Unfortunately, the plane he was then riding was then declared missing somewhere in the Pacific Ocean and for more than five (5) years now, the plane he was riding has not been heard of. Hence, she has all the reasons to believe that her husband is now dead;

(4) During their marriage, they were able to acquire a parcel of land covered by T.C.T. No. _____________ which is now in the name of the petitioner, married to her husband [name of husband];

Page 2: Legal Forms f.167-172

(5) Petitioner and her husband did not have any child;

(6) Petitioner needs funds for her sustenance. Hence, there is a need for judicial authorization to sell the property aforementioned as her husband’s consent is needed.

WHEREFORE, petitioner respectfully prays that judgment be rendered declaring [name], the petitioner’s husband, presumed dead for all legal intents and purposes. Petitioner further prays that judicial authority be granted to her to sell the aforementioned conjugal property without the consent of her husband. Petitioner furthermore prays for such other relief just and proper under the premises.

(Place, date and Signature)

(Verification)

(Jurat)

Page 3: Legal Forms f.167-172

Form No. 168 – PETITION FOR LEGAL SEPARATION

(Caption)

PETITION FOR LEGAL SEPARATION

PETITIONER, respectfully alleges that;

(1) Petitioner and respondent are both of legal age, Filipinos. Petitioner is a resident of ______________, while respondent is presently residing at ______________ where she may be served with legal processes;

(2) Petitioner and respondent are husband and wife having been married in a civil ceremony on ______________, copy of their marriage certificate is attached hereto and made part hereof as Annex “A”;

(3) Since their marriage five (5) years ago, they were able to acquire the following properties:

NATURE OF PROPERTY LOCATION VALUE

_________________________ ____________ ___________________________________ ____________ __________

(4) Petitioner, after having been married to respondent, learned that she has committed and continuously commits act of infidelity by committing adultery such that she abandoned

Page 4: Legal Forms f.167-172

the conjugal dwelling and is now openly cohabitating with her paramour at her given address aforementioned;

(5) Petitioner and respondent, despite being married for more than five (5) years, never begot any child;

(6) Petitioner never condoned such act of adultery committed by the respondent. In fact, reconciliation between the parties herein is definitely impossible.

WHEREFORE, Petitioner respectfully prays that:

(1) After due hearing, a decree of legal separation between the petitioner and respondent be issued by the Honorable Court;

(2) The conjugal partnership be ordered dissolved and liquidated, depriving the respondent of her share of the conjugal partnership profits;

(3) Such other relief just and equitable under the circumstances be granted.

(Place, date and Signature)

(Verification and Certification of non- forum shopping)

Page 5: Legal Forms f.167-172

Form No. 169 – PETITION FOR ANNULMENT OF MARRIAGE

(Caption)

PETITION

PETITIONER, respectfully alleges that:

(1) Petitioner and defendant are both of legal age, married and resident of _______________, where they may be served with legal processes;

(2) On _____________, 20 ____, petitioner and defendant were married in a civil ceremony as shown in the marriage contract, copy if which is attached hereto and made part hereof as Annex “A”;

(3) At the time of marriage, respondent, unknown to the petitioner, had another wife living and was thus legally married to [name of the other spouse ] ;

(4) At the time of the marriage to the petitioner, respondent’s former marriage was in full force and effect. But the petitioner had no knowledge or notice of respondent’s prior marriage when the petitioner contracted marriage with respondent;

(5) The petitioner and respondent have no children, the issue of the marriage;

Page 6: Legal Forms f.167-172

(6) No property has been accumulated during the marriage of petitioner and respondent.

WHEREFORE, it is respectfully prayed that:

(1) A decree of annulment be entered in this action declaring the marriage between petitioner and respondent to be null and void;

(2) An order be issued commanding the Local Civil Registrar of _______________ to cancel said marriage from the book of marriages and order the marriage between the petitioner and respondent to be of no further legal effect;

(3) Petitioner be granted such other and further relief as the court may deem proper.

(Place, date and Signature)

(Verification and Certification of non- forum shopping)

Page 7: Legal Forms f.167-172

Form No. 170 – APPLICATION FOR LAND REGISTRATION

(Caption and Title)

APPLICATION

APPLICANT in the above-entitled land registration case, hereby applies to have the land hereinafter described brought under the operation of Property Registration Decree (P.D. 1529), and to have the title thereto be confirmed in his/her name and;

FURTHER DECLARES ….

1. That applicant is the owner of that real property situated in ________________, fully bounded and respectively described per plan Psu _____________ and of the accompanying technical description which is hereto attached and made part of the application;

2. That the real property subject of application is assessed for taxation purposes at P _____________ as per hereto attached Tax Declaration No. _____________;

3. That as far as known to the applicant, the real property being applied for registration is not within any government

Page 8: Legal Forms f.167-172

project, civil, air naval or military reservations nor there exist any proposed project therein programmed by the government;

4. That applicant acquired the real property thru inheritance from his/her late ________________, and that applicant and his/her predecessors-in-interest has been in actual ownership and possession of the lot in concept of true and legal owner, open and adversed against the whole world since time immemorial;

5. That the civil status and personal circumstances of applicant are as follows:

______________________, of legal age, married/single, Filipino, and a resident of ___________________.

6. That the names of the owners of the lots adjoining the property applied for registration are as follows:

(state the names and the location of the properties in relation to the property being applied for)

7. That the following documents are hereto attached and made parts hereof, to wit:

a. Three (3) copies of plan Psu _______________;

b. Certified true copy of technical description plus three (3) copies;

c. Three (3) copies of Geodetic Engineer’s Certificate;

d. Owner’s copy of Tax Declaration No. ______________ and four (4) copies.

_______________________(Place, Date)

Page 9: Legal Forms f.167-172

________________________ Applicant’s Signature

______________________ Address

Form No. 171 – NOTICE OF DEATH AND FOR

SUBSTITUTION OF PARTIES IN LAND REGISTRATION CASE

(Caption)

NOTICE AND MOTION FOR SUBSTITUTION OF PARTIES

UNDERSIGNED COUNSEL, respectfully states:

(1) One of the applicants herein [name of applicant] died on ________________ at __________________, as evidenced by his Death Certificate attached herewith and made part hereof as Annex “A”;

(2) Pursuant to the Rules of Civil Procedure, the undersigned is required to give notice to the Honorable Court the fact of death of said [name of the deceased applicant] and to give the names, addresses and civil status of the legal and compulsory heirs of the deceased;

(3) In view of such requirement, the undersigned is giving notice that hereunder are the decedent’s legal and compulsory heirs and as such, the deceased should be substituted by all of

Page 10: Legal Forms f.167-172

the following legal and compulsory heirs with their respective addresses and spouses:

NAMES ADDRESS NAME OF SPOUSES

_________________ _________________ _______________________________________ _________________ ______________________

WHREFORE, it is respectfully prayed that the deceased, [name], be substituted by his above-named legal and compulsory heirs with their respective spouses and to have their names registered accordingly in the Original Certificate of Title that may be issued by virtue of this Land Registration proceedings.

(Place, date and Signature)

(Copy furnished)

(Proof of service)

Page 11: Legal Forms f.167-172

Form No. 172 – INFORMATION – GENERAL FORM

(Caption)

INFORMATION

Undersigned, Provincial/City Prosecutor, accuses [Name of the accused] of the crime of [Name of crime], committed as follows:

(State the date, time and place of the commission of the crime complained of and narrate the facts constituting

the essential elements of the offense charged, the aggravating circumstances, if any)

CONTRARY TO LAW.

(Place and Date)

BAIL RECOMMENDED.

_______________________

Page 12: Legal Forms f.167-172

[Signature]

_____________________________

Provincial/City Prosecutor

(Oath)

A preliminary investigation in this case has been conducted under my direction and I have examined the witnesses under oath.

[Signature]

_____________________________

Provincial/City Prosecutor

WITNESSES: ADDRESSES:

1. ___________________________ 1. _________________________

2. ___________________________ 2. _________________________