Bar Questions & Suggested Answers Legal Forms 1980-1989
Bar Questions & Suggested Answers Legal Forms 1980-1989
Bar Questions & Suggested Answers Legal Forms 1980-1989
1980 to 1989
BAR QUESTIONS
Group 1
Ballentos, Brawn C.
Capadocia, Merchadel O.
Chaves, Consuelo G.
Dibansa, Ramly M.
Diego, Aljalil E.
Dinero, Dafodille T.
Enriquez, Aidalyn P.
Galano, Roberto A.
Gumapon, Hannah Lou
Illana, Numie A.
Mambuay, Norhanifah M.
Pepito, Romeca
Rafols, Ivy Florence
Sarmen, Dominic C.
Submitted to:
1. Prepare a complaint for judicial determination of the period of the lease of an urban residential
apartment. The lessor and the lessee have not stipulated on a fixed period for the lease, but the
rental agreed upon is monthly. Supply other details necessary but refer to plaintiff simply as
"X," to defendant as "Y," to the leased premises as No. 1-A Cruz St., Pasay City. The signatory
lawyer is Atty. "Q." (Omit caption, title and your name)
Answer:
COMPLAINT
COMES now X through undersigned counsel and to this Honorable Court respectfully alleges:
1. That plaintiff, X Filipino citizen of legal age and married to X-1 and residing at No. 1-A Cruz St.,
Pasay City, Metro Manila while Y herein defendant, a Filipino citizen married to Y-1 residing at No.
1 Frisco St., Pasay City where he may be served with summons.
2. That on January 1, 1976, herein defendant Y who is owner of an apartment located at No. 1-A
Cruz St., Pasay City, leased unto herein plaintiff X the aforesaid apartment for a monthly rental of
P500 said rental to be paid within the first ten days of each month.
3. That there is no fixed period for said lease agreement, except for fact that the rentals are paid by
the month.
4. That herein plaintiff has been paying faithfully said rentals every month wherein the defendant gave
notice to said plaintiff that he is terminating the lease agreement by the end of December 1980.
5. That considering that the period of the lease has not been fixed pursuant to the Article 1687 of the
Civil Code that the court may fix a longer period of time the lease as herein lessee had been
occupying the premises for period of about five years.
6. That a period of at least four years of the lease is reasonable considering that herein lessee has
no place to transfer immediately. Moreover said lessee had introduced improvements on the
premises amounting at P10,000.
WHEREFORE, it is respectfully prayed that this court fix a period of years for the lease.
Plaintiff further prays for the other relief that this Honorable Court may deem just and equitably in the
premises.
Atty. Q
2 Fresco Street, Pasay City.
2. You are counsel for plaintiff, Pedro Rodriguez, against defendants, Juan Santos, Celso Santos,
Maria Santos and Pablo Santos, in Civil Case No. 123 in the Court of First Instance of Rizal,
Branch V. The object of the action is to compel the defendants to re-convey to the plaintiff an
undivided one-sixth (1/6) share in a parcel of land situated in Antipolo, Rizal, covered by TCT
No. 12345 in the Office of the Register of Deeds of the province of Rizal.You believe that a
notice of lispendens is advisable. Prepare one (omit your name).
Answer:
x--------------------------------------------------------------------x
Please be informed or notified that a parcel of land located at Antipolo, Rizal covered by TCT No.
12345 Register of Deeds of Rizal registered in the name of the above named defendants is the subject
matter of an action for reconveyance of undivided one-sixth (1/6) share filed by Pedro Rodriguez, above
named plaintiff.
In behalf of said plaintiff whom, I represent, I respectfully request that anotice of lispendens be
recorded on said title.
Respectfully submitted.
Pasig, Rizal.
November 22, 1980
3. Draft an Information for Theft against P.P. as principal, and A.A., as accessory, for having
knowingly purchased the stolen property, one (1) Elmswood typewriter, model S-4, with Serial
No. 0987, valued at P1,500.00, owned by the victim, V.V.The offense was committed on
November 1, 1980, in Hagonoy, Bulacan. PP. has thrice been convicted of Theft, with dates of
convictions/releases that make of him a habitual delinquent under Article 62, par. 5, of the
Revised Penal Code. (In alleging habitual delinquency, you may leave blank the dates of P.P.'s
previous offenses, convictions and releases)
Answer:
INFORMATION
Undersigned Provincial Fiscal accuses P.P. as principal and A.A. as accessory of the crime of theft,
defined under Article 308 of the Revised Penal Code, committed as follows:
That on or about November 1, 1980 in the Municipality of Hagonoy, Province of Bulacan, P.P. then and
there willfully, unlawfully, and feloniously with intent to gain and without knowledge and consent of the
property owner, V.V. took one Elsmwood typewriter, model S-4 with Serial No. 0987, valued at P1,500;
That P.P. is a habitual delinquent having been convicted previously for the crime of theft within ten
years from November 1, 1980 and have served said sentence thereof, hence the aggravating circumstance
of habitual delinquency to be considered.
That A.A. fully knowing that the aforesaid typewriter was stolen from V.V., purchased said typewriter
from P.P. for the amount of P1,000.
CONTRARY TO LAW.
PEDRO SANTOS
Provincial Fiscal
I, PERDO CRUZ, Provincial fiscal of Bulacan, after having been duly sworn in accordance with law hereby
certify that I have conducted a preliminary investigation and have examined the complainant and his
witnesses, that on the basis of the sworn and statements and other evidence submitted before me; that
there is reasonable ground to believe that a crime has committed and that the accused are probably guilty
thereof, that the accused were informed of the complaint and of the evidence submitted against them and
that they were given an opportunity to submit controverting evidences.
PEDRO CRUZ
SUBSCRIBED AND SWORN to before me this 2nd. day of November 1980 in Malolos, Bulacan.
Affiant having exhibited to me his residence certificate No. 123456 issued at Malolos, Bulacan on
January 5, 1980.
JOSE CRUZ
Assistant Fiscal
1. On August 1, 1982, ''A", with intent to gain, entered the house of ''B'' while the latter was away.
But instead, after gaining entrance, ''A'' tried to rape ''B 's” wife ''C''. Prepare an information to
be filed in court.
Answer:
INFORMATION
That on or about 6 June 1982, in Macasandig, Cagayan de Oro City, the said accused did then and
there willfully, unlawfully, and feloniously enter the house of “B”, a married woman, and finding that her
husband was away, with lewd designs and by means of force or intimidation, commenced directly by overt
acts to commit the crime of attempted rape upon her person, to wit; while “B” was cooking the evening meal
the accused seized her from behind, threw her to the floor, raised her skirt, pulled down her panties and
attempted to penetrate her with his sexual organ, her loud and vigorous cries and resistance brought her
neighbors to her assistance and the accused had to flee without completing all the acts of execution.
CONTRARY TO LAW, with aggravating circumstance that the attempted rape was committed in
the dwelling of the offended party.
2. The lease contract between Mr. "X'' and Mr. ''Y'' having expired as of June 30, 1982, Mr. ''X'', the
lessor, retained your services as a lawyer to file the appropriate legal action against Mr. ''Y'', the
lessee, for the failure of the latter to vacate the leased premises despite repeated demands.
Prepare the complaint for ejectment.
Answer:
COMPLAINT
1. That he is of age, married and residing at No. 80 Rizal Street, Cagayan de Oro City, while
defendant is likewise of age, married and residing at No. 100 Rizal Street, Cagayan de Oro
City, where he may be served with summons;
2. That plaintiff is owner of a semi-concrete bungalow located at No. 100 Rizal Street, Cagayan
de Oro City;
3. That on January 10, 1978, he leased the said bungalow to defendant for the next 3 years at a
monthly rental of P600, payable within the first 5 days of each month, and that the lease
contract thereon is hereto attached as Annex “A”;
4. That since January 11, 1981, the lease contract had already expired and, despite repeated
demands, defendant had refused to vacate the premises and continues to occupy the same.
3. When plaintiff ''X'' filed a complaint for damages before the City of Quezon City, ''X 's” attorney
of record was Atty. ''J''. However, due to a misunderstanding with Atty. ''J'', plaintiff secured the
services of Atty. ''Z'' to replace Atty. ''J''. Based on the foregoing facts, prepare a motion for
substitution of attorney. (Omit caption.)
Answer:
(CAPTION OMITTED)
x----------------------------------x
Undersigned counsel respectfully moves that he be allowed to substitute for Atty. J as X’s counsel
of record in the above case.
This substitution bears hereunder the conformity of X and Atty J.
Respectfully submitted:
Atty. Z
With my conformity:
Atty J
With my conformity:
X
NOTICE
GREETINGS:
Upon receipt kindly submit the foregoing motion for the approval of the Honorable Court.
Copy furnished:
Atty. B
Counsel of Defendant
1983 Bar Questions
Answer:
BEFORE ME, this ___ day of ________, 20__ in the Municipality of ____________,
Province of _________________, Philippines, personally appeared ____________________, with
Residence Certificate No. ____________ issued at ___________, __________, on __________,
known to me to be the same person who executed the foregoing instrument, and he acknowledged
to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the
day, year and place above written.
Answer:
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, do hereby affirm that the forgoing is the last Will and
Testament of ___name of testator___ and we certify that the testator executed this document while of
sound mind and memory. That the testator signed this document in our presence, at the bottom of the last
page and on the left hand margin of each and every page, and we, in turn, at the testator's behest have
witnessed and signed the same in every page thereof, on the left margin, in the presence of the testator
and of the notary public, this _____ day of __________, 20__ at____________.
______________________________ ____________________________________________
Signature of Witness Address
______________________________ ____________________________________________
Signature of Witness Address
______________________________ ____________________________________________
Signature of Witness Address
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and in the city of Cagayan de Oro , personally appeared:
The testator ________________, with CTC No. __________ issued at ___________ on ____________;
all known to me to be the same persons who executed the foregoing Will, the first as testator and the last
three as instrumental witnesses, and they respectively acknowledged to me that the same as their
own free act and deed.
This Last Will and Testament consists of __ page/s, including the page on which this acknowledgment is
written, and has been signed on the left margin of each and every page thereof by the testator and his
witnesses, and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place above written.
Notary Public
3. Prepare a complaint for unlawful detainer of an apartment for failure to pay rent, indicating the
name of the court but without attaching the necessary affidavits which must be referred to only
in the complaint.
Answer:
COMPLAINT
COMPLAINT COMES NOW, the plaintiff, through undersigned counsel, and to this Honorable
Court respectfully alleges:
1. That plaintiff is a Filipino citizen and residing at _______________ where he may be served with court
processes, motions, and decision while defendant is a Filipino citizen, married and residing at
____________________ where he may be served with summons and other court processes;
2. That plaintiff is the owner of a land over which an apartment had been constructed, located at 43
Burgos, Cagayan de Oro City;
3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid apartment for a
consideration of P5,000.00 (Five Thousand Pesos) a month as rental to be paid within the first ten
days of each month starting December 1, 2015;
4. That defendant failed to pay the agreed rental for several months starting from February 2016 up to
the present;
5. That on April 2, 2016, 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;
6. That despite said letter of demand which was repeated by oral demands, defendant failed and still
refused to pay the agreed amount of rentals and to vacate the apartment;
7. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid rentals,
plaintiff was compelled to file this complaint engaging the services of counsel in the amount of
P10,000.
Plaintiff prays for such other remedy, as this Honorable Court may deem just and equitable.
Signature of Counsel
4. Your client, Richard Poe, brought an action against John Doe to collect the sum of P100,000.
While the case was pending, you were told by your client that he had received reliable
information that John Doe was trying to sell his house and lot at No. 10 Acacia Road,
Dasmariñas Village, Makati, Metro Manila, his (John’s) only visible property.Prepare the
necessary pleading so that Richard Roe would be protected even if John Doe succeeds in
selling his house and lot. (State the caption of the pleading but exclude the name of the court
and title of the case).
Answer:
Answer:
MOTION TO QUASH
THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of forcible
abduction on the following:
GROUNDS
That the accused is indicted for having committed the crime of forcible abduction, however, the court
has no jurisdiction over the case.
In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused ________________ is thirty (30) years old and Under
Article 267 of the Revised Penal Code, the prescribed penalty for forcible abduction is reclusion temporal.
The petitioner seeks to quash the allegation as the complaint was lodged in the Municipal Trial Court, such
court having no jurisdiction on the crime of forcible abduction as provided for by Batas PambansaBlg. 129,
as amended by RA 7691.
WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and
that the accused be released immediately from detention.
Place and date.
Signature of Counsel
NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION
1984 Bar Questions
Answer:
(CAPTION)
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
INFORMATION
Thu undersigned Assistant City Fiscal accuses John Doe of the crime of Theft, committed as
follows:
That on or about the 5th day of December, 1983, in Quezon City, Philippines, and within the
jurisdiction of this Honorable Court, the said accused, with intent to gain and without the consent of the
owner thereof, did then and there, willfully, unlawfully and feloniously take, steal and carry away two (2)
boxes of Yeoman Carbon Paper (short), and four (4) boxes of Yeoman Carbon Paper (long) all valued at
P2,432.00, Philippine Currency, from and belonging to X Bookstore, Cubao Branch, in said City, to the
damage and prejudice of the latter in the aforesaid sum.
Contrary to law.
A
Assistant City Fiscal
I hereby certify that a preliminary investigation in this case has been conducted by me in
accordance with law; that I have examined the complainant and his witnesses and on the basis of the
sworn statement and other evidence submitted before me, there is reasonable ground to believe that the
offense charged has been committed and that the accused is probably guilty thereof; that the accused was
informed of the complaint, and of the evidence submitted against him and were given an opportunity to
submit controverting evidence.
A
Assistant City Fiscal
SUBSCRIBED AND SWORN to before me this 24th day of November 1984, in Quezon City,
Philippines.
A
Assistant City Fiscal
Witnesses:
1. A – 70 Scout Alcaraz St., La Loma Quezon City
2. B – c/o SS- 1 QCPS
3. C – to bring evidence of this case
AND OTHERS:
BAIL RECOMMENDED: P1,800.00 Property Recovered
2. Draft a complaint for forcible entry in respect of a parcel of land in Quezon City registered
under the Torrens System, indicating the name of the court but without attaching the
necessary affidavits which must only be referred to in the complaint.
Answer:
(CAPTION)
A, ET. AL.,
Plaintiffs
-----versus------ CIVIL CASE NO. ____________
B, ET. AL., FOR: EJECTMENT AND DAMAGES
Defendants
x- - - - - - - - - - - - - - - - - - - - - - - -x
COMPLAINT
1. Plaintiffs are all of age, and with residence and postal address at 834 Gen. Solano St., Manila;
2. Defendants are likewise of age, with capacity to sue and be sued, and residing at Bo.
Mambugan, Antipolo, (Rizal) Metro Manila, where they may be served with summons and
other processes of this Honorable Court;
3. Plaintiffs are the owners of two (2) parcels of land located at Mambugan, Antipolo, (Rizal)
Metro Manila, which they acquired in 1966 and now covered by T.C.T. Nos. 1 and 2 issued on
22 February 1966 and 15 June 1966, respectively, and they have been in possession of the
same since acquisition;
4. That the parcel of land covered by T.C.T. No. 2 was acquired from the defendant C and her
husband D on 15 June 1966;
5. Immediately after the said sale by defendant C and her husband, the latter requested the
plaintiffs that they be allowed to stay in the property on condition that they will immediately
vacate upon plaintiff’s demand, and to which request the plaintiffs acceded;
6. Defendant C and her children defendants E and F are still in plaintiff’s property, despite
plaintiff’s notice for them to vacate;
7. Sometime in September 1980, defendants B, G, H, and I, by means of strategy and stealth,
unlawfully entered plaintiff’s parcels of land, and since that day, the same defendant refused
have remained in the legal possession of the property, and up to the present, still retain such
possession thereof;
8. Despite demand, and a written notice in advance, copy of which is hereto attached as Annex
“A” and made an integral part of this complaint, defendants refused and still refuse to vacate
the property;
9. The reasonable rental value of the property occupied by the defendants is P500.00 a month;
10. Defendants acted and continue to act in a gross and evident bad faith in refusing to satisfy
plaintiff’s plainly valid, just and demandable claim for them to vacate the premises, which
compelled the plaintiffs to engage the services of counsel for the protection of their interest and
for which they should be held liable to pay attorney’s fees in such amount will be proved during
trial;and
11. Defendants acted and continue to act in wanton, fraudulent, reckless, oppressive and/ or
malevolent manner, and for which they must be held liable to pay exemplary or corrective
damages in such amount as may reasonably assessed by this Honorable Court.
ATTY. X
Counsel for the Plaintiffs
Address
VERIFICATION
I, MR. A, after being duly sworn in accordance with law, depose and say:
1. I am one of the plaintiffs in the above-entitled case;
2. I have caused the preparation of, and have read, the foregoing Complaint; and
3. That all the allegations contained therein are true and correct to my own knowledge.
MR.A
Affiant
SUBSCRIBED AND SWORN to before me at the City of Manila, Philippines, this…. Day of
November, 1981, affiant exhibiting to me Res. Cert. No. ………issued at ……….. on ……………………
NOTARY PUBLIC
3. In a complaint for the delivery of a parcel of land, the plaintiff, A alleged that the defendant,
B, sold a parcel of land to him but after receiving the price agreed upon, and for no reason
whatsoever, B, refused to deliver the land to him. The complaint also alleged that the
contract is evidenced by a deed of sale, duly signed by B, a copy of which was attached to
the complaint and made an integral part thereof. Prepare the answer (heading excluded) in
which the defendant raises in issue the genuineness and due execution.
Answer:
(CAPTION)
ANSWER WITH COMPULSORY COUNTERCLAIM
Counterclaim
Prayer
Place, date, signature
VERIFICATION
I, X, of legal age, after being duly sworn, depose and say:
1. I am the defendant in the above-entitled case;
2. I have caused the preparation of all the foregoing answer;
3. All the allegations contained therein are true and correct to my own knowledge.
“X”
Affiant
SUBSCRIBED AND SWORN to before me at the City of Manila, Philippines, this …… day of
November 1984, affiant exhibiting to me his Res. Cert. No. 12345 issued at Manila on ___ November 1984.
NOTARY PUBLIC
Until 31 December 1984
P. T. R. No.___________
Issued at______________
On___________________
Answer:
DEED OF SALE
I, JOHN DOE, Filipino, of legal age, single and with residence and postal address at . . . . . . . . . . . .
. . . , freely and voluntary state:
1. I am registered owner of a parcel of land covered by T.C.T. No. 1 of the Registry of Deeds
Province of Y, and which is more particularly described as follows:
(copy description)
2. For all in consideration of the sum of One Hundred Thousand (P100,000.00) Pesos, Philippines
currency, receipt of which is hereby acknowledged, I hereby Sell Transfer and Convey the parcel of
land covered by T.C.T. No. 1 of the Registry of Deeds of the Province of Y to Juan Cruz, Filipino, of
legal age, single his heirs, successors and assigns, with all the warranties provided by law; and
3. I bind myself to submit Juan Cruz the tax clearance certificate on capital gains, within one (1) week
from the execution of this Deed of Sale.
In witness whereof, I have signed these presents at the City of Manila, Philippines, this . . . . . . day
of November 1984.
JOHN DOE
Seller
TAN
Signed in the Presence of:
....................... ......................
5. Prepare the requisite acknowledgement for the deed of sale in the preceding item.
Answer:
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the City of Manila, Philippines, personally appeared:
JOHN DOE, with Res. Cert. No. 12345 issued at Manila on 30 January 1984; known to me to be
the same person who executed the foregoing DEED OF SALE and he acknowledged to me that the same
is his free and voluntary act and deed.
I FURTHER CERTIFY that this document consists of three (3) pages on which the
acknowledgement is written, signed by the party and his instrumental witnesses on all pages thereof and
that it refers to the sale of a parcel of land located in the Municipality of Antipolo, Province of Rizal,
Philippines.
WITNESS MY HAND AND SEAL on this . . . . . . day of November 1984 at the City of Manila,
Philippines.
NOTARY PUBLIC
Until 31 December 1984
P.T.R. No.
issued at
on
1. The lease contract between Tom Cruise and Katie Holmes having expired as of June 30,
2004, Tom Cruise, the lessor, retained your services as a lawyer to file the appropriate legal
action against Katie Holmes, the lessee, for failure of the latter to vacate the leased
premises despite repeated demands. Prepare the complaint for ejectment.
Answer:
TOM CRUIZE,
Plaintiff, Civil Case No. 61879.
For: Ejectment
Versus
KATIE HOLMES,
Defendant,
*…………………………..*
COMPLAINT
COMES NOW, the plaintiff in the above entitled case, through counsel, and to this Honorable court alleges:
1. That the Plaintiff is of age, married and residing at No. 80 Agno Street, Quezon City, while
defendant is likewise of age, married and residing at No. 100 Agno Street, Quezon City, where he
may be served with summons.
2. That for: Ejectment 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 years
at a monthly rental of P1,000.00, payable within the first five days of each month, and that the
lease contract thereon is hereto attached as “Annex A”;
4. That since Jun 11, 2004, the lease contract had already expired and, despite repeated demands,
defendant had refused to vacate the premises and continues to occupy the same.
5. That written demand (Annex B hereof) to vacate and pay rentals in arrears was sent to and
received by defendant but despite said 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:
LAWRENCE VILLEGAS
Attorney for the Plaintiff
XYZ Building, Quezon City
IBP No. 12345; 1/3/1983; Quezon City
PTR No.61879; 2/2/1983; Quezon City
Roll of Attorneys No. 12344
2. Romy Tan is the owner of an apartment situated of 25 masbatequezon city. he lives in a unit
thereof known as, 25-a. Fed up with the unfulfilled promises of his tenant ABC, occupant of
25-b whose arrears foe seven months amount to 21,000 covering the period from May 1985
to Nov 1985 and which remained unpaid despite repeated demands, he now would like you
to handle this case against said tenant.
Draft the necessary complaint alleging all the necessary and pertinent facts that you will file
against ABC.
Answer:
ROMY TAN
Plaintiff
---versus---
ABC,
Defendant
COMPLAINT
COMES NOW, the complaint through undersigned counsel and to his Honorable Court, respectfully
alleges:
1. that the plaintiff is a Filipino citizen, of legal age and residing at 25 Masbate, Quezon City and that
the defendant is a Filipino citizen, of legal age and residing at Apartment 25-b Masbate Street,
Quezon City where he may be served with summons:
2. That plaintiff is the owner and lessor of apartment No. 25-b covered by transfer certificate of title
No. 12356, Registry of Deeds of Quezon City, which is located at 25 Masbate, Quezon City.
3. That on January 1, 1985, Plaintiff leased apartment 25-b to defendant at a monthly rental of
P3,000.00 be paid within the first ten days of each month.
4. That defendant failed to pay the monthly rental of P3,000.00 beginning May 1, 1985 and all months
thereafter until November, 1985 for a period of seven months.
5. That plaintiff demanded orally and in writing the payment of said rentals in arrears. The last
demand having been made on October 1, 1985;
6. That despite said demand, defendant failed to pay said rental in arrears now amounting to P21,000
7. That this matter was referred to KatarungangPambarangay in accordance with PD 1508, but no
settlement was made as certified to by KatarungangPambarangay.
8. That due to the unjustified refusal to comply with the demands, the plaintiff was compelled to
institute the instant action.
a.) To order that defendant to pay the plaintiff P21,000.00 and such other monthly rentals due until
he finally vacate the place plus interest at the legal rate;
______________________
Counsel for the plaintiff
PTR NO. 578
IBP No.
VERIFICATION
I, Romy Tan, of legal age, Filipino citizen, resident of 25, Masbate, Quezon City, after being
sworn in accordance with law depose state: that I am the plaintiff in the above entitled case, that he has
caused the above complaint to be filed and he has read the same: and that all the allegations therein are
true and correct.
SUBCRIBED AND SWORN to before me this 25th day of November, 1985 in Quezon City,
affiant having exhibited to me his residence Certificate No. 12356 issued at Quezon City on Jan. 10, 1985.
3. A complaint for collection of a sum of money was filed by RP against your client TY with
Regional trial court of Manila. Ten days after service of summons and copy of the
complaint, you filed a motion to dismiss on the ground of novation and prescription.
Although said motion is get unresolved, TY was, however, declared in default last Nov 20,
1985. Draft the necessary motion to lift said order of the default.
Answer:
RP,
Plaintiff,
----versus---
TY,
Defendant.
COMES NOW, the defendant in the above entitled case and to his Honorable Court through
undersigned counsel respectfully alleges:
1. That ten days after the summons of the Complaint was received by this defendant, she filed a
motion to dismiss on the ground of novations and prescription.
2. That Plaintiff had not filed any opposition to said motion and no hearing was held on said motion to
dismiss.
3. That while the said motion to dismiss was still pending unresolved, this honorable court declared
defendant in default.
4. That said order declaring defendant in default the premature and without legal basis since there is
still a pending motion to dismiss.
5. As held in Luz vs. CFI of tacloban, 77 phil. 697 the order declaring the defendant in default was
premature because the motion to dismiss the compliant on the point of lack of jurisdiction was still
pending consideration of the court.
WHEREFORE, it is respectfully prayed that the order declaring defendant in default be lifted
and that this Honorable Court rule on the aforesaid pending motion to dismiss.
P.J
Counsel for the Defendant
NOTICE OF HEARING
To clerk of Court
Regional Trial Court of Manila (Br. I)
Greetings:
Please set the foregoing motion for hearing on Friday, November 29, 1985 at 8:30am, or as soon
thereafter as counsel may be heard.
1986 Bar Questions
1. Prepare a Motion to Quash a criminal complaint for seduction filed against the accused
John Doe who is your client on the ground that the complaining witness Jane Colt and your
client subsequently contracted marriage in a civil ceremony solemnized by Judge
Magistrado of Tarlac, Tarlac on November 12, 1986. Omit caption and title of the case. Sign
as Atty. Abogado. Service should be made on your adverse counsel, Atty. Compañero.
Answer:
1. Defendant is accused in the above titled case of seduction allegedly committed against Jane
Colt
2. On November 12 1986 defendant and complaining witness Jane Colt entered into a contract of
marriage solemnized by JudgeMagistrado of Tarlac, evidence of which is a certified copy of the
certificate of marriage, attached hereto as Annex “A”.
Wherefore, considering said marriage and Article 344 of the revised penal code, it is
respectfully prayed that the complaint and information be quashed.
AttyAbogado
Counsel for defendant
ABC Bldg. Rizal Avenue, Manila
PTR NO. _ _ _ _ _ _ _ _ _
IBP NO. _ _ _ _ _ _ _ _ _ _
Copy furnished:
AttyCompanero
Counsel for complainant
XYZ Blg, Juan Luna St.
Mnila
2. You are Judo Doe, a resident of Vigan, Ilocos Sur. Prepare a simple Holographic Will
disposing of all your properties, whether real, personal, or mixed, in favor of your wife Beth
Doe and your two children, Pearl Doe and Rose Doe.
Answer:
(The following sample of holographic will should be understood as entirely handwritten)
I, Judo Doe, Resident of Vigan, Illocos Sur, sixty years of age and of sound and disposing
mind, herby declared this my last will and testament:
1. I give and devise to my daugeters pearly doe and rose doe, pro indiviso, y fishpond
located in Malabon, Rizal and covered by a certificate of titelNo. _____________, of
the register of deeds of Rizal province
2. The net residue of my estate, real and personal, after payment of my just dets, I give,
bequeath and devise to my wife Juanita Does.
Vigan, Illocos Sur, December 3, 1986.
3. You won a Damage claim for your plaintiff client, John Doe, before the Regional Trial Court
of Makati which awarded him a total of P300, 000 in damages in a decision dated November
21, 1986. Today, defendant Peter Ewe delivers a manager's check payable to the order of
your client in the amount of P300, 000 and insists that the court be advised immediately.
John Doe and Peter Ewe show up at your house and you are requested to prepare the
proper pleading so that Peter Ewe can get a signed copy right away. Prepare the
appropriate pleading. (Omit caption and title, refer to yourself as Atty. Abogado)
Answer:
1. On November 21 1986 judgement was rendered ordering defendant to pay plantiff P300,000 in
damages
2. On November 30, 1986, defendant fully satisfied the aforementioned judgement by tendering,
and the plaintiff accepting, the sum adjudged against him
Wherefore, in view of the payment and acceptance, plaintiff executes this admission and prays that
satisfaction of judgement in the instant case be noted and entered by the clerk in his docket
Quezon City, November 30, 1986
AttyAbogado
Counsel for plaintiff
Address _ _ _ _ _ _ _ _ _ _
PTR No. _ _ _ _ _ _ _ _ _
IBP No. _ _ _ _ _ _ _ _ _
Copy Furnished:
Pete Ewe
Address
4. Prepare a Special Power of Attorney for Mr. Ahmed Agaz, Filipino, married and a resident of
Jolo, Sulu, empowering Juan Doe, Filipino, married and a resident of No. 5 Santolan Street,
Quezon City, to collect for one year starting January 1, 1987 Ahmed's pension checks from
the Social Security System, SSS Building, Quezon City, and to pay the proceeds of the
pension checks to Blue Chips Corporation, with offices at Quezon Circle, Diliman, Quezon
City, until the full amount of P12,000 has been paid. Omit the notarial acknowledgment.
Answer:
That I , AhmendAgaz, of legal age, Filipino, married and a resident of Jolo, Sulu have named,
constituted and appointed Juan Doe, of legal age, Filipino, married and a resident of No. 5,
Santolan Street Quezon City to be my true and lawfull attorney-in-fact, and in my name, place and
stead, do and perform the following:
1. To collect for the next 12 months, starting January 1, 1987, my pension checks from the social
security system SSS Bldg, Quezon City;
2. To pay from the proceeds of said pension checks to Blue Chips Corporation, located at
Quezon Circle, Diliman Quezon City, the sum of P12,000 until the said amount is fully paid;
Giving and granting unto my said attorney-in-fact power and authority to do every act necessary
and requisite in connection with the said premises, hereby ratifying and confirming all that he may
do by virtue of these presents.
_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _
In the presence of:
_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _
5. Mr Gene Manger, General Manager of Avis Rent-A-Car (Philippines), Inc. with offices at 311
P. Casal St., Quiapo, Manila, entered into a contract for the company whereby a car, Lancer
Model 1984 valued at P290, 000 with Plate No. DAY-203, was rented out for the week of
October 11 to 18, 1986 to Mr. John Doe, an American who had indicated that he resides at
Room 1024 of the Manila Hotel. The car was not returned by the latter on the date agreed
upon. Prepare the verified complain for replevin. Sign as Atty. Abogado. Omit caption and
title.
Answer:
1. That the plaintiff is a general manager of Avis Rent-a-Car (Philippines) Inc, with offices
at 311 P Casal St. Quiapo Manila, and the defendant is an American citizen, residing
at room 1024, Manila Hotel, where he may be served summons;
2. That Avis Rent-A-Car is the registered owner of a Lancer car model 1984, with plate
no DAY 203;
3. That on October 11, 1986m defendant rented from plaintiff said Lancer car for a week
from October 11, to 18, 1986;
4. That on October 20, 1986, and for the next 3 days thereafter, plaintiff demanded from
defendant the return of said car, but defendant avoided returning the car by giving on
reason of another;
5. That said car has not been taken for tax assessment of fine pursuant to law, or seized
on execution or attached;
6. That the value of the said car is P290,000;
7. The plaintiff is ready and willing to give bond executed to the defendant in double the
value of the property for the return of the property to the defendant should be
adjudged, or for the payment of such sum that defendant may recover from the plaintiff
in auction.
Whereof, plaintiff prays that:
1. The sheriff or other proper officer be ordered to take possession of the car and
dispose of it in accordance with the Rules of Court;
2. After hearing, judgement be rendered declaring that plaintiff is entitled to the
possession of the car or, should this prove unavailing, sentencing defendant to pay the
value of the car.
AttyAbogado
Counsel for plaintiff
PTR NO _ _ _ _ _ _ _ __ _ _ _ _ _ _ _
IBP NO _ _ _ _ _ _ _ __ _ _ _ _ _ _ _
Verification
I, Gene Manger, of legal age, with office at 311 P Casal St, Quiapo Manila after being
sworn according to Law, hereby depose and say:
_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _
GENE MANGER
_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _
Until Dec 31, 198_
Doc No. _ _ _ _ _ _ _ _
Page No. _ _ _ _ _ _ _ _
Book No. _ _ _ _ _ _ _ _
Series of 1986.
1987 Bar Questions
1. You represent the defendant in a civil case pending in Manila Regional Trial Court, Branch 299.
It is now December 8, 1987 and the case is set for trial for December 17, a Thursday; but
because of a previously set business meeting in which your presence is indispensable, you
want to postpone the court hearing set for December 17. Prepare a complete motion for
postponement.
Answer:
-versus-
JUAN PEREZ,
Defendant.
x---------------------------------------------------------------------------------------------------------------------------------x
Comes now the defendant through undersigned counsel and to this Honorable Court respectfully
alleges:
1. That the above entitled case was set for trial on December 17, 1987 at 8:30 A.M.;
2. That the undersigned counsel had to attend a business meeting on December 17, 1987 which
was previously set;
3. That his presence in said meeting is indispensable, hence, will not be able to attend the trial on
said date;
4. That this request for postponement of the hearing is not for the purpose of delaying the trial of
the case.
WHEREFORE, it is respectfully prayed that the hearing on December 17, 1987 be postponed to
another day at the convenience of this Honorable Court.
Manila, December 4, 1987.
XYZ
Counsel for the Defendant
NOTICE OF HEARING
Attorney ConradoJuez
Counsel for the Plaintiff
37 Calamba, Quezon City
Please be notified that the foregoing motion for postponement is set for hearing and for the
consideration of the Honorable Court on December 10, 1987 at 8:30 A.M.
XYZ
Copy served on
Atty. ConradoJuez
37 Calamba, Quezon City
Answer:
(A)
XYZ CORPORATION
WHEREAS, in a meeting called for the purpose, wherein all stockholders were duly notified in
accordance with law, the meeting of stockholders representing 90% of the subscribed and paid capital
stock was held on November, 1987 in principal office of XYZ Corporation.
WHEREAS, during said meeting presided by AC President of the said corporation by a vote of
stockholders representing more than 2/3 of the subscribed and paid up capital stock voted to amend the
Articles of Incorporation by increasing the number of board of directors from five to seven.
WHEREAS, the stockholders have resolved to submit the said amendments for approval of the
Security and Exchange Commission.
JPC
Secretary of the Corporation
Attested:
PV
President
(B)
WHEREAS, in a meeting of the stockholders of the corporation called for the purpose on
November 2, 1987 in the provincial office of the XYZ Corporation in Manila by a vote representing more
than 2/3 of the subscribed and paid-up capital stock of said corporation, Article 5 of the Articles of
Incorporation is hereby amended to read:
IN WITNESS WHEREOF, I JPC, Secretary of the Corporation attest to the approval of said
Resolution.
JPC
Secretary of the Corporation
Attested:
PV
President
3. Prepare a contract of lease covering an apartment located in 001 Atis St., Makati. The lessee
agrees to pay a monthly rental of P5,000.00. The entire period of the lease shall be 12 months,
renewable upon mutual agreement of the parties. Furnish the terms and conditions that in your
opinion will protect the lessor who is your client.
Answer:
CONTRACT OF LEASE
This agreement made and entered into at Makati, Metro Manila, Philippines, this 27 th day
of November 1987 by and between Jose Uy, of legal age, married to Petra Uy, and a resident of
Makati, hereinafter called the landlord, and Jess Cruz, of legal age, single, and a resident of
Makati, hereinafter called the tenant evidences that the parties have agreed as follows:
1. In consideration of the rent and the tenant’s covenants hereinafter reserved and
contained, the lessor hereby demises and leases to the tenant an apartment located at
001 Atis St., Makati, belonging to the landlord, covered by TCT No. 100, Register of
Deeds of Makati.
To hold the Tenant for the term of 12 months.
Yielding and praying therefore during the said term, rent at the rate of Php5,000.00 to
be made on the first 10 days of each month of which the first shall be made on the first
day of January 1988.
2. The tenant hereby covenants with the landlord as follows:
(a) To pay the rent as aforesaid without the necessity of express demand therefor, at
the residence of the landlord;
(b) To keep the leased premises in good and habitable condition, making the
necessary repairs and painting inside and outside the house;
(c) Not to make alterations and improvements on the premises without the written
consent of the landlord, and, in case of such authorized alterations and
improvements on the premises, any and all such improvements shall become the
property of the landlord at the expiration of this lease.
IN WITNESS WHEREFOR, We have hereunto set our signatures on this 29 th day of November 1987
at Makati.
_______________________ _______________________
Witness Witness
ACKNOWLEDGMENT
On this 29th day of November 1987 personally appeared before me Jose Uy, landlord, and Jess
Cruz, tenant, to me known and known to me to be the same persons who executed the foregoing contract
of lease and acknowledged to me that the same is their free act and voluntary deed.
XYZ
Notary Public
My commission expires
December 31, 1988
Doc No. ___________
Book No. __________
Page No. __________
Series of 1987.
4. Your client was the victim of a hit and run car owned by DD and driven by FF. After you had
taken the steps to file the required court actions against DD and the driver, your client was
convinced by the car owner to accept a sum of money by way of settlement, since the amount
offered was fair and reasonably covered all the expenses incurred. Prepare the document of
Release and Waiver that in your opinion will best protect the interest of your client, the victim
and will likewise be legally sufficient and acceptable to the car owner and his driver.
Answer:
I, JUAN DE LA CRUZ, Filipino citizen, of legal age and resident of 7 Kitanlad, Quezon City
after been duly sworn in accordance with the law hereby states:
JUAN DE LA CRUZ
SUBSCRIBED and sworn to before me this 29th day of November 1987 in Quezon City, by affiant
Juan de la Cruz, who exhibited to me his Residence Certificate No. 5789, issued at Quezon City, on July 1,
1987, and TAN 7987.
PC
Notary Public
My commission expires
December 31, 1987
Doc No. ___________
Book No. __________
Page No. __________
Series of 1987
1988 Bar Questions
1. Prepare a contract of lease of an apartment unit for P5, 000 a month between Mr. Jesus
Santos as lessor and Mrs. Olivia Palpallatoc as lessee, for a period of twenty-four (24)
months. Supply the other facts requires in a contract of lease. Include an acknowledgment.
Answer:
CONTRACT OF LEASE
This Agreement made on this 30th day of September 1987 between JESUS SANTOS, hereinafter
known as LESSOR, Filipino citizen residing at No. 40 Limon Street, Quezon City and Mrs. Olivia
Palpallatoc, Filipino citizen married to Juan Palpallatoc residents of No. 40 Kitanlad, Quezon City,
hereinafter known as LESSEES hereby agree by the presents:
1. That the LESSOR is registered owner of an apartment located at No. 10 Kitanlad, Quezon City,
covered by TCT No. 14789, Registry of Deeds, Quezon City;
2. That for the consideration of the rental of P5,000.00 a month for a period of 24 months from the
date of the execution of this contract, the LESSOR hereby lease unto the LESSEES the aforesaid
described apartment;
3. That the LESSEES bind themselves to pay the said monthly rental within the first 10 days of each
month;
4. That the LESSEES shall use the said apartment for residential purposes only.
IN WITNESS HEREOF, we have set our signatures on this 30th day of September 1987 in Quezon City.
In this 1st day of October 1987 personally appeared before me JESUS SANTOS, OLIVIA
PALPALLATOC and JUAN PALPALLATOC, to me known as the same persons who executed the
foregoing contract of lease and acknowledged to me that the same is their free act and voluntary deed.
JESUS SANTOS exhibited to us his Residence Certificate No. 123 issued at Quezon City on January 10,
1988 and TAN 512356-18. OLIVIA PALPALLATOC Residence Certificate No. 78766 issued at Quezon City
on January 11, 1988 and TAN 571179.
JUAN CRUZ
Notary Public
My Commission Expires on
December 31, 1988
DCR. No. 5
Page No. 7
Book No. 1
Series of 1988
2. a) Prepare a complaint for ejectment under the facts started in the question immediately
preceding (Question No. 1) for failure to pay three consecutive monthly rentals. Supply the
other necessary facts.
Answer:
Jesus Santos
Plaintiff,
COMPLAINT
COMES NOW, the plaintiff through the undersigned counsel and to either Honorable Court,
respectfully alleges;
1. The Plaintiff is a Filipino citizen resident of 40 Luis St. While the defendants are spouses,
Filipino citizens and residing at No. 10, Kitanlad St., Quezon City where they may be served
with summons;
2. That on Septemberr 30, 1988, a contract of lease entered into between the plaintiff leased unto
the defendants a certain apartment for a monthly rental of P5,000.00 a monthly. A copy of said
contract is hereto attached as Annex “A”;
3. That defendants have failed to pay the monthly rental from January to March 1987 in the total
amount of P15,000.00;
4. That despite written and oral demands, the last demand having made on April 1, 1987,
defendants failed and refused to pay said rentals in area thereby notifying them to vacate the
apartment;
5. That due to the unjustified refusal of the defendants to pay the rental for over 3 months, the
plaintiff was compelled to file the instant suit engaging the services of counsel for the amount
of P5,000.00;
WHEREFOR, it is respectfully prayed that judgment be rendered ordering the defendants to vacate
the apartment and to pay the unpaid rentals starting from January 1988 until they have actually vacated the
premises and to pay the attorney’s fees in the amount of P5,000.00 and costs of this suit.
JOSE REYES
Counsel for Plaintiff
PTR No. 7755
January 19, 1988
VERICATION
JESUS SANTOS, after having been duly sworn in accordance with law hereby deposes:
That he is the plaintiff in the above entitled case for ejectment and that all the allegations therein
are true and correct.
Quezon City, October 1, 1987.
JOSE REYES
SUBSCRIBED AND SWORN TO before me this 1st day of October 1987 in Quezon City, affiant
having exhibited to me his Residence Certificate No. 1423 issued in Quezon City on January 10, 1987.
BEN ROSARIO
Notary Public
Until December 31, 1988
Doc. No. 5
Page No. 6
Book No. II
Series of 1988
b) Prepare a motion to dismiss the complaint referred to in (a) hereof on two legal grounds.
Answer:
Jesus Santos
Plaintiff,
MOTION TO DISMISS
COMES NOW, the defendants through undersigned counsel in the above entitled case to this
Honorable Court respectfully move to dismiss the complaint on the following grounds:
1. That the claim or demand for rentals from January to March 1988 have been paid;
2. That the complaint does not state a sufficient cause to action.
A R G U M EN T S
1. That the rentals for the months of January to March 1987, have been tendered to the plaintiff as
shown in the checks sent to him by registered mail but plaintiff refused them on the pretext that he
was raising the amount of rentals to P10,000.00 a month.
2. That the complaint states no sufficient cause of action since the demand have been deemed to be
satisfied.
WHEREFORE, it is respectfully prayed that the complaint be dismissed with costs against the
plaintiff.
Quezon City, October 10, 1988.
ESTEBAN REYES
Counsel for Defendants
PTR No. 7999
IBR OR No. 7999
NOTICE OF HEARING
Please be notified that the foregoing motion to dismiss will be set for hearing on October 7, 1988 at
9:00 A.M. or as soon as counsel may be heard.
ESTEBAN REYES
Counsel for Defendants
PTR No. 7999
IBR OR No. 7999
Copy served to:
3. a) Don PaquitoPamintuan, with a wife (Alma) and a son (Casimiro), asks you to draft a
holographic will for him so that in his own handwriting he can copy it and thus avoid
payment of attorney's fees. Make a draft of a holographic will. Supply the necessary facts
but use the alphabet for other necessary names.
HOLOGRAPHIC WILL
Manila, Philippines
September 30, 1987
I hereby executes this holographic will in my handwriting and in the English language which I know
how to read and write bequeathing my lot and house located at No. 4 Taft Avenue, Manila to my son
CASIMIRO PAMINTUAN; my apartment located at 4 Remedios Street, Manila to my wife, ALMA
PAMINTUAN.
Answer:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch I
COMES NOW, the petitioner through undersigned counsel in the above entitled petition and to this
Honorable Court respectfully alleges:
1. That petitioner is a Filipino citizen residing at No. 4 Taft Avenue, Manila and the widow of the
deceased PAQUITO PAMINTUAN;
2. That on December 1, 1987, PAQUITO PAMINTUAN died in the Philippine General Hospital, Manila
where he last resided;
3. That on September 30, 1987, he executed a holographic will in his own handwriting in English
known to him. A copy of said holographic will is hereto attached as Annex “A”, as his last will and
testament;
4. That said will soon can be attested to as the handwriting of the testator by Juan Cruz, who was his
private secretary for a period of 17 years;
5. That the deceased left only two properties namely a lot and house located at Taft Avenue and an
apartment located at Remedios Street, Manila;
6. That he left as his only heirs the herein petitioner as his widow and his son Casimiro both of whom
are residing at No. 4, Taft Avenue, Manila;
7. That the deceased left no debts.
WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court
fix the date for the probate of said holographic will and that letters of administration be issued in favor of the
herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said
holographic will.
JUAN CRUZ
Counsel for the Petitioner
PTR No. 7890
IBP OR No.1 7987
January 5, 1988
VERICATION
I, ALMA PAMINTUAN, after having been duly sworn to in accordance with law hereby state that I
am the petitioner in the above entitled petition, that the allegations wherein is true and correct
PONCIANO CRUZ
Notary Public
Until December 31, 1988
Doc. No. 5
Page No. 7
Book No. 2
Series of 1988
4. a) Using the alphabet as names, draft a criminal information for the crime of theft. Supply
the necessary facts.
Answer:
X, Y, Z
Defendant.
INFORMATION
That on or about September 1, 1988, in the City of Manila, the herein accused willfully, unlawfully
and feloniously, with intent to gain and without the knowledge and consent of ABC, the owner took a gold
necklace studded with diamonds valued as P50,000.00 to the prejudice of said contrary to law.
PTC
Assistant City Fiscal
Manila
C ER T I F I C A T I O N
I hereby certify that a preliminary investigation has been conducted by me in accordance with law;
that I have examined the complaint and her witnesses; that there is a reasonable ground to believe that a
crime has been committed and that said accused in probably guilty thereof; that the accused was informed
of the complaint against him and was given an opportunity to submit controverting evidence and the filing of
this information was with the prior authority of the Fiscal. Manila, January 18, 1988.
PTC
SUBSCRIBED AND SWORN TO before me this 18th day of January 1988 in the City of Manila.
LBC
Assistant Fiscal
List of Witness:
Bail Recommended:
b) Fiscal Bartolo filed an information for the crime of theft of a Rolex watch valued at
P50,000 against Jose Pobre, an 11 year old orphan, with no known address, with the
Metropolitan Trial Court of Manila. You are the counsel for Jose Pobre.
Draft a motion to quash the information (Do not use your name).
Answer:
MOTION TO QUASH
Comes now the accused Jose Pobre through undersigned counsel and to this Honorable Court in
the above entitled case respectfully moves to quash the information for the crime of theft on the grounds
that:
ARGUMENT
The information alleges that the accused Jose Pobre is eleven years old with no known address.
Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under
fifteen unless he acted with discernment is exempt from criminality liability.
Moreover, there is no allegation that the accused acted with discernment. Even granting that he
had acted with discernment, such minor shall be proceeded against in accordance with Article 80 of the
Revised Penal Code.
Article 80 of the Revised Penal Code provides among others that a minor unless sixteen years of
age at the time of the commission of a grave or less grave felony. The court shall suspend the proceedings
and shall commit such minor or to the custody or case of a public or private, benevolent or charitable
institutions established under the law for the care or educational of orphaned, homeless, defective, and
delinquent children, or to the case and custody of any other responsible person in any other place subject
to the violation of the Director of Social Welfare.
WHEREFORE, it is respectfully prayed that the instant information be dismissed and the accused
be immediately be released for detention.
PEDRO SISON
Counsel of Accused
PTR No. _________
IBP No. _________
NOTICE OF HEARING
Fiscal J. Bartolo
Office of the City Fiscal
Manila
Please be notified that the foregoing motion to quash is set on Friday, Sept. 9, 1988 at 9:00 A.M. or
as soon thereof as counsel bay be heard.
PEDRO SISON
Copy furnished:
Fiscal Bartolo
Office of the City Fiscal
Manila
1989 Bar Question
1. Gabriel, married to Bonita, wants to sell a residential lot in Ayala Alabang, to Anastacia, a
widow. The property is covered by Transfer Certificate of Title No, 1434477 and consists of
1, 500 square meters, more or less. The agreed purchase price is Five Thousand Pesos (P5,
000) per square meter. The Parties also agreed on other matters such as payment of taxes,
registration and transfer fees, and village association fees.
Prepare the appropriate contract together with the notarial page. Do not use your name as
notary public.
Answer:
That I, GABRIEL, married to Bonita, Filipino Citizen, of legal age, and resident of 261 R. Hidalgo
St., Quezon City, herein after known as VENDOR and ANASTASIA, widow, Filipino citizen, of legal age
and resident of 262 R. Hidalgo St., Quezon City, hereinafter known as VENDEE, hereby execute this
document,
(1) That the VENDORS are the absolute owners of a residential lot in Ayala Alabang, with an area of
1,500 square meters covered by Transfer Certificate Title No, 1434477, Registry of Deeds of Rizal;
(2) That for and in consideration of the sum of FIVE THOUSAND PESOS (P5, 000.00) per square
meter or a total of P2, 500,000.00 receipt of which we acknowledged by these presents, we hereby
sell, transfer and convey to the VENDEE, ANASTASIA, the aforesaid described parcel of land
together with all improvements thereon;
(3) That the VENDORS undertake to pay all taxes, registration and transfer fees while the VENDEE
shall pay the village association dues.
IN WITNESS WHEREOF, we hereunto sign this Deed of Absolute Sale at Ayala Alabang, Province
of Rizal on this 24th day of September 1989.
ANASTASIA GABRIEL
Vendee Vendor
With my marital consent:
BONITA
On this 24th day of September 1989 in Alabang, Province of Rizal personally appeared
befor me, to known, and known to me to be the same persons who execeuted the foregoing Deed
of Sale, Gabriel and his spouse, Bonita, with Residence Certificate Nos. 12345 and 6789
respectively issued at Pasig, Rizal on January 5, 1989 and Tax Account No. A47896 And
Anastasia and Residence Certificate No. 76543, issued at Quezon City on January 5, 1989 and
Tax Account No. 7475.
JUAN CRUZ
Notary Public
My Commission expires
December 31, 1989.
IBP No. 12345
PTR No, 12345
Doc. No. 1
Page No. 15
Book No. 1
Series of 1989
2. Prepare an information charging the accused with bigamy
Answer:
JUAN CRUZ,
Accused
INFORMATION
Undersigned Fiscal accuses JUAN CRUZ of the crime of Bigamy committed as follows:
That on or about August 10, 1989, in the City of Manila, Philippines, the said accused,
being then legally married to Petrda de Jesus and without such marriage having been legally
dissolved, said marriage still existing and valid, did then and there and wilfully, unlawfully,
felicitously contract a second marriage with Elizabeth Sison in the City of Manila.
Contrary to law.
DOMINGO PEREZ
Fiscal
I hereby certify that preliminary investigation in this case had been conducted by me in
accordance with law; that I have examined the complainant and her witnesses; that there is
reasonable ground to believe that the offense charged had been committed; and that the accused
is probably guilty thereof; that the accused was informed of the complaint and of the evidence
submitted against him and was given the opportunity to submit controverting evidence; and that the
filing of this information is with the prior authority and approval of the City Fiscal.
DOMINGO PEREZ
Fiscal
Prepare a motion for judgment on the pleadings. Omit Caption and Title. Assume all
necessary details. Do not use your name.
Answer:
COMES now the Plaintiff, through the undersigned counsel in the above-entitled case and
to this Honorable Court respectfully alleges:
1. That on Spetembe 1, 1989, plaintiff filed a complaint for sum of money in the amount of P50,
000. 00 against the defendant;
2. That in his answer, defendant admitted the obligation, but that he was asking for an extension
of time to pay his obligation and instead the herein complaint was filed:
3. That said answer admits the material allegations of the complaint and has not tendered any
issue;
4. That in view of thereof, a judgment on the pleadings can be rendered.
WHEREFORE, it is respectfully prayed that this Honorable Court render judgment on the
pleadings.
MANUEL PEREZ
Counsel for Plaintiff
32 Melvar, Manila
NOTICE OF HEARING
Please be notified that the foregoing motion is set for hearing on Friday, September 29, 1981, at
8:30 AM or as soon thereafter as counsel may be heard.
MANUEL PEREZ
Copy Furnished:
Atty. Pedro Cruz
261 R. Hidalgo, Manila