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Legal Forms and Writing Finals Reviewer Complaint for Collection of Sum of Money Republic of the Philippines National Capital Judicial Region Regional Trial Court Branch 88, Quezon City PARAMOUNT BANK Plaintiff, -

versus -

Civil Case No. 123-456789 For: Collection of Sum of Money

JUAN REYES Defendant. x-----------------------------------------------------------------x COMPLAINT COMES NOW, the plaintiff, through its counsel, and unto this Honorable Court, most respectfully avers: Parties 1. 2.

Plaintiff is a juridical entity organized under the laws of the Philippines with principal office at #7 La Salle St., Cubao, Quezon City and represented in this case by its President Gorgonio Magalpoc; Defendant is a Filipino citizen, single, of legal age and with residence at #1 La Salle St., Cubao, Quezon City; Allegations

3. 4. 5. 6. 7. 8.

That sometime during January 2015, the plaintiff granted the defendant a loan in the amount of ONE MILLION Pesos (Php 1,000,000) with 12% interest per annum, secured by a real estate mortgage over a property located in Cavite City That the full amount, plus interest was due and payable on the 1st day of February 2015; Despite repeated demands, defendant refused to pay any amount to plaintiff. A copy of the plaintiff’s 1st notice of demand dated Jan. 31, 2015 and final notice of demand Feb. 5, 2015, is attached as Annex “A” and Annex “B”, respectively That a Board Resolution was issued by the Plaintiff appointing its President to cause this action. A copy of the Board Resolution is attached as Annex “C” Defendant’s obligation is due and demandable and plaintiff is entitled to the payment of ONE MILLION Pesos (Php 1,000,000); By reason of defendant’s refusal to pay, plaintiff was forced to engage the services of counsel to vindicate his rights thereby committing him to pay legal expenses amounting to FIFTY THOUSAND PESOS (Php 50,000) PRAYER WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered as

follows: 1. 2.

Ordering the defendant to pay plaintiff ONE MILLION PESOS (P1,000,000), representing unpaid account excluding legal fees and other charges as of date; Ordering the defendant to pay plaintiff FIFTY THOUSAND PESOS (P50,000) by way of attorney’s fees

Such other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for Quezon City, Feb. 28, 2015

ATTY. ANGELO VANGUARDIA Counsel for Plaintiff Roll No. 123456 IBP No. 123456/1-6-14 PTR No. 0897112/1-6-14/Q.C. MCLE No. 1234, Nov. 21, 2012 Tel No. 02 901-14-83 Republic of the Philippines Quezon City, Metro Manila

) ) S.S.

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING I, GORGONIO MAGALPOC, of legal age, married, Filipino and the representative of the plaintiff in the above entitled case, after being duly sworn to in accordance with law, do hereby depose and say: 1. 2. 3. 4.

That I am the Plaintiff in the above-entitled case; That I caused the preparation of the complaint and I read the allegations therein and understood each of them to be true and correct of my personal knowledge and beliefs and based on authentic records; That I further certify that I have not commenced any action or proceeding in any court, tribunal or agency That should I learn thereafter of the filing or pendency of such action(s), I undertake to inform this Honorable Court of said fact within five (5) days from knowledge therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th day of February 2015 at Quezon City. GORGONIO MAGALPOC Plaintiff SUBSCRIBED AND SWORN TO before me this 28th day of February 2015 at Quezon City Denzel Weta Notary Public Roll No. 54321 IBP No. 654321/1-12-12 PTR No. 98765432/1-16-15 MCLE No. 1234/ 2-2-12 Tel No. (02) 901-83-14

Answer with Compulsory Counterclaim Republic of the Philippines National Capital Judicial Region Regional Trial Court Branch 88, Quezon City PARAMOUNT BANK Plaintiff, -

versus -

Civil Case No. 123-456789 For: Collection of Sum of Money

JUAN REYES Defendant. x-----------------------------------------------------------------x ANSWER WITH COUNTERCLAIM COMES NOW, the defendant, through his counsel, and unto this Honorable Court, most respectfully avers: Admissions/Denials 1. 2. 3.

The defendant admits the allegations in paragraph 2 of the complaint regarding his personal circumstances; He is without knowledge or information to form a belief as to the truth of the allegations in 1,3,4,5 and 6 of the complaint; He specifically denies each and every material allegations in paragraph 3 of the complaint, since such allegations are maliciously false and meant only to unjustly enrich plaintiff at defendant’s expense; Counterclaim

4. 5.

Moral damages amounting to FIFTY THOUSAND PESOS (P50,000) because his name and reputation were besmirched by this malicious and baseless suit; Defendant incurred litigations expenses in the sum of TWENTY THOUSAND PESOS (P20,000). For all said fees and litigation expenses, plaintiff should be adjudged liable to the defendant.

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered as follows:

1. 2. 3.

The Complaint in Civil Case No. 123-456789 be dismissed The defendant be granted moral damages in the amount of FIFTY THOUSAND PESOS (P50,000); The defendant be granted litigation expenses in the amount of (P20,000) for litigation expenses.

Quezon City, March 1, 2015. FRANKIE ARINOLI Counsel for Defendant Roll No. 123456 IBP No. 123456/1-6-14 PTR No. 0897112/1-6-14/Q.C. MCLE No. 1234, Nov. 21, 2012 Tel No. 02 901-14-83 Republic of the Philippines Quezon City, Metro Manila

) ) S.S. VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

I, JUAN REYES, of legal age, married, Filipino and the representative of the plaintiff in the above entitled case, after being duly sworn to in accordance with law, do hereby depose and say: 1. 2. 3. 4.

That I am the Plaintiff in the above-entitled case; That I caused the preparation of the complaint and I read the allegations therein and understood each of them to be true and correct of my personal knowledge and beliefs and based on authentic records; That I further certify that I have not commenced any action or proceeding in any court, tribunal or agency That should I learn thereafter of the filing or pendency of such action(s), I undertake to inform this Honorable Court of said fact within five (5) days from knowledge therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th day of February 2015 at Quezon City. JUAN REYES Plaintiff SUBSCRIBED AND SWORN TO before me this 28th day of February 2015 at Quezon City Lito Go Notary Public Roll No. 54321 IBP No. 654321/1-12-12 PTR No. 98765432/1-16-15 MCLE No. 1234/ 2-2-12 Proof of Service I, Carlo Caballo, messenger of Atty. Angelo Vanguardia certifies that I personaly deliver the Answer for the Complaint at the business office of Atty. _____ at Ayala, Makati and the same was personally receive by him.

Motion to Declare Defendant in Default Republic of the Philippines National Capital Judicial Region Regional Trial Court Branch 88, Quezon City

GORGONIO MAGALPOC Plaintiff, -

versus -

Civil Case No. 123-456789 For: Collection of Sum of Money with Damages

FRANKIE ARINOLI Defendant. x-----------------------------------------------------------------x

MOTION TO DECLARE DEFENDANT IN DEFAULT COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers: 1. 2.

That in the above-entitled case was duly served on October 1, 2015 to the defendant; That notwithstanding the lapse of fifteen (15) days, defendant failed to file his answer or responsive pleading.

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that (1) defendant be declared in default, and the (2) plaintiff be allowed to present his evidence ex parte Such other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for. Quezon City, 1 October 16, 2015. ANGELO VANGUARDIA Counsel for Plaintiff Roll No. 123456 IBP No. 123456/1-6-14PTR No. 0897112/1-6-14/Q.C. MCLE No. 1234, Nov. 21, 2012 Tel No. 02 901-14-83 NOTICE OF HEARING

To:

Branch Clerk of Court

GREETINGS: Please submit the foregoing motion for the consideration and approval of the Honorable Court on October 16, 2015 at 2:00pm. ANGELO VANGUARDIA Counsel for Plaintiff CC: MR. FRANKIE ARINOLI Defendant No. 1 La Salle St., Brgy Silangan, Cubao, Quezon City EXPLANATION OF SERVICE Copy of the Motion to Declare Defendant in Default was served to the defendant by registered mail due to time and distance constraints and for lack of the undersigned’s staff who can serve the same in person ANGELO VANGUARDIA Counsel for Plaintiff I.

Motion for Extension of Time to File Pleading Republic of the Philippines National Capital Judicial Region Regional Trial Court Branch 88, Quezon City

GORGONIO MAGALPOC Plaintiff, -

versus -

Civil Case No. 123-456789 For: Collection of Sum of Money with Damages

FRANKIE ARINOLI Defendant. x-----------------------------------------------------------------x MOTION FOR EXTENSION OF TIME COMES NOW, the defendant, through the undersigned counsel and unto this Honorable Court, most respectfully avers:

1. 2.

That on October 1, 2015, defendant received a copy of the summons issued by the Honorable Court with the attached complaint and annexes, requiring him to file his Answer to said complaint; That the defendant only secyred the services of the undersigned counsel only today October 14, 2015, and he need to familiarize himself of the facts of the case, and needs additional time of fifteen (15) days to file said answer/responsive pleading.

Wherefore, defendant prays to be granted an additional time of fifteen (15) days from October 14, 2015 within which to file his answer/responsive pleading. Such other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for. Quezon City, October 15, 2015. ANGELO VANGUARDIA Counsel for Plaintiff Roll No. 123456 IBP No. 123456/1-6-14PTR No. 0897112/1-6-14/Q.C. MCLE No. 1234, Nov. 21, 2012 Tel No. 02 901-14-83

CC: MR. FRANKIE ARINOLI Defendant No. 1 La Salle St., Brgy Silangan, Cubao, Quezon City EXPLANATION OF SERVICE Copy of the Motion to Declare Defendant in Default was served to the defendant by registered mail due to time and distance constraints and for lack of the undersigned’s staff who can serve the same in person ANGELO VANGUARDIA Counsel for Plaintiff AFFIDAVIT OF MERIT Complaint for Ejectment Republic of the Philippines National Capital Judicial Region Regional Trial Court Branch 88, Quezon City

GORGONIO MAGALPOC Plaintiff, -

versus -

Civil Case No. 123-456789 For: Ejectment

FRANKIE ARINOLI Defendant. x-----------------------------------------------------------------x COMPLAINT COMES NOW, the plaintiff, through his counsel, and unto this Honorable Court, most respectfully avers that: Parties 1. 2.

Plaintiff is a Filipino citizen, of legal age, married and with residence at #14 La Salle St. Cubao, Quezon City; Defendant is a Filipino citizen, of legal age, married and with residence at #1 La Salle St. Cubao, Quezon City, where he may be served with summons and other court processes; Allegations

3.

4.

5. 6. 7.

Plaintiff is the absolute owner of the property located at #1 La Salle St., Cubao, Quezon City, which it leased to Defendant under the terms and conditions stated in the Contract of Lease dated January 1, 2015. A copy of the said Contract of Lease is attached as Annex “A” and made an integral part of the complaint; Upon the expiration of the contract, plaintiff informed the defendant of his intention not to renew the lease as he would use the property to his business. Plaintiff then asked to vacate the premises. A copy of the plaintiff’s demand to vacate is attached as Annex “B” and made an integral part of this complaint. Despite demand duly made and received, defendant refused to vacate the premises and continues to occupy the property without the 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” and made an integral part of this complaint. Defendant’s act of dispossession has caused plaintiff to suffer business losses in the amount of ONE HUNDRED THOUSAND PESOS (P100,000) per month. Prayer

WHEREFORE, plaintiff respectfully prays for judgment in his favor by declaring defendant to vacate the property and peacefully turn over the possession to plaintiff and for defendant to pay the plaintiff the amount of ONE MILLION PESOS (P1,000,000) representing rentals on the property for 10 months. Quezon City, October 5, 2015. ATTY. ANGELO VANGUARDIA Counsel for Plaintiff Roll No. 123456 IBP No. 123456/1-6-14 PTR No. 0897112/1-6-14/Q.C. MCLE No. 1234, Nov. 21, 2012 Tel No. 02 901-14-83 Republic of the Philippines Quezon City, Metro Manila

) ) S.S. VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

I, GORGONIO MAGALPOC, of legal age, married, Filipino and the representative of the plaintiff in the above entitled case, after being duly sworn to in accordance with law, do hereby depose and say: 1. 2. 3. 4.

That I am the Plaintiff in the above-entitled case; That I caused the preparation of the complaint and I read the allegations therein and understood each of them to be true and correct of my personal knowledge and beliefs and based on authentic records; That I further certify that I have not commenced any action or proceeding in any court, tribunal or agency That should I learn thereafter of the filing or pendency of such action(s), I undertake to inform this Honorable Court of said fact within five (5) days from knowledge therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th day of February 2015 at Quezon City. GORGONIO MAGALPOC Plaintiff SUBSCRIBED AND SWORN TO before me this 28th day of February 2015 at Quezon City Denzel Weta Notary Public Roll No. 54321 IBP No. 654321/1-12-12 PTR No. 98765432/1-16-15 MCLE No. 1234/ 2-2-12 Tel No. (02) 901-83-14 Contents of Judicial Affidavit Section 3. Contents of judicial Affidavit - A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the following: (1) The (1) name, (2) age, (3) residence or business address, and (4) occupation of the witness (NARO);

(2) The (a) name and (b) address of the lawyer who conducts or supervises the examination of the witness and (c) the place where the examination is being held; (3) (a) A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury; (4) Questions asked of the witness and his corresponding answers, consecutively numbered, that: (a) Show the circumstances under which/ the witness acquired the facts/ upon which he testifies; (b) Elicit from him those facts which are relevant to the issues that the case presents; and (c) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court; (5) The signature of the witness over his printed name; and (6) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same. Section 4. Sworn attestation of the lawyer – (a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the examination of the witness, to the effect that: (1) He faithfully recorded or caused to be recorded (a )the questions he asked and (b) the corresponding answers that the witness gave; and (2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers. (b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment. Section 10. Effect of non-compliance with the judicial Affidavit Rule. –

(a) A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may, however, allow only once the late submission of the same provided, (a) the delay is for a valid reason, (b) would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less than P 1,000.00 nor more than P 5,000.00 at the discretion of the court. (c) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as required. Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his client's right to confront by cross-examination the witnesses there present. (d) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and provided further, that public or private counsel responsible for their preparation and submission pays a fine of not less than P 1,000.00 nor more than P 5,000.00, at the discretion of the court. Two types of Counterclaim 1.

2.

Rule 6, Sec. 7. Compulsory counterclaim — A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counter-claim may be considered compulsory regardless of the amount. Permissive Counterclaim

Define Pleadings are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment Motion is an application for relief other than by a pleading Reply is a pleading, the office or function of which is to deny, or allege facts, in denial or avoidance of new matters alleged by way of defense in the answer and thereby join and make issues as to such new matters. Substantial amendment refers to an amendment made, with leave of court, after the responsive pleading has been filed by the defendant Amendment as a matter of right is an amendment exercised by the plaintiff only once before a responsive pleading of the opposing party is filed, or in case of a reply, 10 days after service

Exclusive Original of RTC (1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation; (2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such the value exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts; (3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (200,000.00); (4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (200,000.00); (5) In all actions involving the contract of marriage and marital relations; Note: This jurisdiction is deemed modified by R.A. 8369, Sec. 5 (Family Courts). However, under Sec. 17 of the same law, in areas where there are no Family Courts, the cases referred to in Sec. 5 shall be adjudicated to the RTC. (6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction or any court, tribunal, person or body exercising judicial or quasi-judicial functions; Note: This jurisdiction is often described as the ‘general jurisdiction’ of the RTC making it a court of ‘general jurisdiction’

(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law; and Note: The jurisdiction of the RTC over cases under the exclusive original jurisdiction of the Juvenile and Domestic Relations Court is subject to R.A. 8369 (Family Courts) (8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos (100,000.00) or, in such other abovementioned items exceeds Two hundred thousand pesos (200,000.00). (as amended by R.A. No. 7691) Exclusive Original of MTC (1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: Provided, further, That where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions; (2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the questions of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and (3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots."