MOTION OF REQUEST FOR OFFICIAL COPY

A motion that may be filed by an interested party or through their counsel to the court
or office involved, in order to request for a certified true copy of a decision, order, resolution, or
any other document issued by the said court or office.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 15681

FOR: Qualified Theft

JANIZA C. SERDAN,

Accused.

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

MOTION OF REQUEST FOR OFFICIAL COPY

Accused, by counsel, to this Honorable Court respectfully states:

1. Accused was formerly represented xxx by SILVA LAW FIRM.

2. On 24 August 2011, accused served notice to SILVA LAW FIRM of its decision to cease
all legal representation handled by the latter on behalf of the petitioner.
3. Petitioner also requested SILVA LAW FIRM to make arrangements for the transfer of all
files relating to its legal representation on behalf of petitioner to the undersigned
counsel.
 4. The undersigned counsel was engaged to act as counsel for the accused in the above-
entitled case; and thus, filed its entry of appearance on 01 September 2019.
5. The undersigned counsel, through petitioner, has received information that the
Honorable Court promulgated a Resolution on accused’s Motion for Reconsideration.
6. To date, the undersigned counsel has yet to receive an official copy of the above-
mentioned Resolution.

WHEREFORE, undersigned counsel hereby respectfully requests for an official copy of the
Honorable Court’s Resolution on accused’s Motion for Reconsideration.

Tagum City, October 19 2011.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for Accused Janiza C. Serdan

Notice

CLERK OF COURT
Regional Trial Court
Branch 31, Tagum City

Greetings:

Please submit the foregoing motion for the consideration and approval of the Honorable
Court immediately upon receipt hereof.

ATTY. APRIL JULIE MAE P. GONZAGA

 MOTION FOR BILL OF PARTICULARS

A motion which may be filed before rendering a respond to a pleading to amplify or limit
a pleading, specify more minutely and particularly a claim or defense set up and pleaded in
general terms, give information, not contained in the pleading, to the opposite party and the
court as to the precise nature, character, scope, and extent of the cause of action or defense
relied on by the pleader, and apprise the opposite party of the case which he has to meet, to
the end that the proof at the trial may be limited to the matter specified, and in order that
surprise at, and needless preparations for, the trial may be avoided, and that the opposite party
may be aided in framing his answering pleading and preparing for trial.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

ALEX GONZAGA

Plaintiff, Civil case No. 5524

-versus- FOR: DAMAGES

ROEL P. ENRILE

Defendant

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

MOTION FOR BILL OF PARTICULARS

Defendant, by counsel and to this Honorable Court, respectfully states:

1. The complaint alleges that defendant public official, together with herein defendant
movant, acting singly or collectively, and or in unlawful concert with one another, in
flagrante breach of public trust and of sheer fiduciary obligations as public officers with
 gross and scandalous abuse of right and power and in brazen violation of the
Constitution and laws of the Philippines, embarked upon a systematic plan to
accumulate ill-gotten wealth.

2. The foregoing allegations are conclusions of law, which plaintiff should clarify and
flesh them with facts and specific acts to enable defendant-movant to prepare and file a
responsive answer thereto which requires information as to precise nature, character,
scope and extent of plaintiff’s cause of action.

WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars of the
facts and acts constituting the conclusions alleged in the complaint.

Tagum City, 25 September 2020.

ATTY. APRIL JULE MAE P. GONZAGA

Counsel for the Accused

NOTICE OF HEARING

Atty. Juan S. Dela Cruz

Counsel for the Defendant
Bgy. San Pedro, Davao City

Sir:
Please be informed that the undersigned counsel has set the foregoing Motion for
Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the
Honorable Court or soon thereafter as counsel maybe heard.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Accused
 MOTION FOR CONSOLIDATION OF CASES

A motion requesting the court to consolidate cases arising from the same incident or
series of incidents, or involving common questions of fact and law.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

JOHN LLOYD C. CRUZ,

Petitioner,
-versus- CIVIL CASE NO. C-QTZ-24-25285-D
For: Declaration of Nullity of Marriage

ELLEN A. ADARNA,
Respondent.
x------------------------------------------x

EX PARTE MOTION FOR CONSOLIDATION OF CASES

Petitioner, by counsel, to this Honorable Court respectfully states:

1. This is a Petition for Declaration of Nullity of Marriage which was filed on 26
June 2019.
2. On the same date, a Protection Order with application for TPO and Support
Pendente Lite pursuant to Administrative Matter No. 04-10-11-C or the Rules on
Violence Against Women and Their Children Act involving the abovementioned
parties was filed and raffled before the Regional Trial Court of Davao City Branch 10
with Civil Case no. BCV 2013-84.
3. That the two petitions involve the same parties with intertwined issues and subject
matters.
 WHEREFORE, it is respectfully prayed that an order be granted to consolidate the two
actions in the Regional Trial Court Branch 10, Davao City where the declaration of nullity of
marriage was raffled which may tend to avoid unnecessary costs or delay and to serve the best
interests of the parties and to settle expeditiously the issues involved
Davao City, 7 July 2013.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel of the Petitioner
 MOTION FOR ISSUANCE OF A HOLD DEPARTURE ORDER

A motion which may be filed by the Complainant through his Counsel under the control
and supervision of the Public Prosecutor with the court (RTC or Sandiganbayan) having
jurisdiction over the place where the crime was committed against a party or a foreign national
who is charged with a crime where the penalty prescribed by law is at least six (6) years and
one (l) day to prevent the respondent from leaving the Philippines. The primary objective is to
ensure that the party that is the subject of the HDO or precautionary HDO is brought to the
court’s jurisdiction to face the charges against him.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

REPUBLIC OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 592-12

FOR: Qualified Theft

SAM DAVID YOUNG,

Accused.
x-----------------------------------------x

MOTION FOR ISSUANCE OF A HOLD DEPARTURE ORDER

Private Complainant, by counsel, under the direct control and supervision of the
Honorable Public Prosecutor respectfully alleges that:
 This is a criminal complaint for Qualified Theft under the Revised Penal Codeagainst the
accused.
Private complainant has reliable information that said accused is intending to go abroad
to evade criminal prosecution.
Consequently, to insure that accused do not leave the country to evade criminal
prosecution and to guarantee that he is properly brought before thebar of justice to face his
charge, it becomes imperative that he be placed in the “hold departure order” list of the
Bureau;
For the guidance and information of the Court, we furnish the complete data, regarding
accused SAM DAVID YOUNG to wit;

Complete Name : SAM DAVID YOUNG

Sex : Male
Civil Status : Married
Complete Address : No. 866 W. Cornetto Street,
Malibay, Pasay City
Date of Birth : May 18, 1958
Birthplace : Tanauan, Batangas
Age : 54 years old

Photocopy of the photograph of the JASPER SOL CRUZ is hereto attached as Annex “A”
for easy reference.
WHEREFORE, premises considered, it is respectfully prayed that this Honorable Court
issue an order directing the Commissioner of the Bureau of Immigration to place accused SAM
DAVID YOUNG in their “Hold Departure Order” list.
Other relief and remedies just and equitable under the premises are prayed for.
Davao City, 25 July 2011.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Complainant
 URGENT MOTION FOR EARLY RESOLUTION

A motion filed by the complainant in criminal a case through counsel with the Prosecutor
requesting for an early resolution of a complaint due to the fact that the case has dragged on
for so long awaiting for resolution and that the respondent is attempting to evade the charge
against him by going abroad. The objective of such motion is for the court to acquire
jurisdiction over the person of the accused and so as not to frustrate the ends of justice.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

OG SABADO,
Complainant,
-versus- NPS DOCKET NO. V-14-INV-22C-
1653

JASPER SOL CRUZ,

Respondent.
x-----------------------------------------x

URGENT MOTION FOR EARLY RESOLUTION

Complainant, by counsel, to the Honorable Prosecutor, respectfully states that:

1. This is a criminal action for Qualified Theft under the Revised Penal Code which was
filed on 06 May 2011.
2. Since then, complainant is patiently waiting for the resolution of the above-captioned
case.
 3. Truth to tell, private complainant has received reliable information from
unimpeachable sources that respondents are processing papers to go abroad.
4. Thus, the undersigned is requesting for the early resolution of the above-entitled case
so as not frustrate the ends of justice.
WHEREFORE, it is respectfully prayed that a Resolution be rendered in this case based
on the evidence presented. Other just and equitable reliefs are likewise prayed for.
General Santos City, 17 December 2012.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Private Complainant
 MOTION FOR PERMANENT DISMISSAL

A motion requesting the court to permanently dismissed the case filed when the
prosecution has not instituted any action to revive the case after the lapsed of one year. Under
the Rules on Criminal Procedure, the provisional dismissal of the offenses punishable by
imprisonment not exceeding six (6) years, shall become permanent one (1) year after the
issuance of the order without the case having been revived.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

REPUBLIC OF THE PHILIPPINES,

Complainant,
-versus- CRIMINAL CASE NO. 9935-11
FOR: Qualified Theft

GUILLERMO CADUSALE JR.,

Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION FOR PERMANENT DISMISSAL

ACCUSED, by the undersigned counsel, unto this Honorable Court, most respectfully
states that:

1. On 02 September 2012, an Order was issued by this Honorable Court dismissing the
case provisionally with the expressed conformity of the accused. Attached is a copy of
the said Order hereto marked as Annex "1" and forms and integral part hereof;
 2. Under the Rules on Criminal Procedure, the provisional dismissal of the offenses
punishable by imprisonment not exceeding six (6) years, shall become permanent one
(1) year after the issuance of the order without the case having been revived;
3. A year had already lapsed, and the prosecution has not instituted any permanently
dismissed.

WHEREFORE, premises considered and in the interest of justice, it is respectfully prayed

that the Honorable Court render the case permanently dismissed. Other reliefs just and
equitable are also prayed for.
Tagum City, 29 December 2013.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Accused
 MOTION TO CANCEL LIS PENDENS

A motion filed to request the court to issue an order to cancel the notice of lis pendens
on the subject property. It is usually filed after the resolution of the case. However, it may also
be filed even before final judgment after proper showing that the notice is for the purpose of
molesting the adverse party, or that it is not necessary to protect the rights of the party who
caused it to be registered.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

ALEX BERMEJO,
Plaintiff, Civil case No. 5524
-versus-
FOR: DAMAGES
ROEL PONCE DE LEON,
Defendant
x--------------------------------------x

MOTION TO CANCEL LIS PENDENS

Plaintiff, by counsel and to this Honorable Court, respectfully states:

1. Defendant caused the annotation or registration of a notice of lis pendens on the

subject matter of the instant suit,
2. Defendant caused the recording of the lis pendens for the purpose of molesting
plaintiff, and the recordal thereof is not necessary to protect his rights to the property,
his right thereto, if any, is only indirect and contingent.
3. The recordal of the lis pendens is prejudicial to plaintiff’s interest to the property
because, being the owner of said property, it is burden and it restricts its transferability
 by sale, as no one will buy it during the pendency of the case and for as long as the lis
pendens is not canceled.

WHEREFORE, plaintiff respectfully prays that the notice of lis pendens be ordered
cancelled. Other just and equitable reliefs are likewise prayed for.
Panabo City, 24 October 2018.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Plaintiff
 MOTION TO CITE WITNESS FOR CONTEMPT

A motion to cite witness for contempt is a motion filed by the plaintiff containing a
formal charge in writing addressed before a court of competent jurisdiction to require the
respondent to show cause why he should not be punished for contempt. Such motion must be
based on the following grounds:

1. Misbehavior of an officer of a court in the performance of his official duties or in his official
transactions;

2. Disobedience of or resistance to a lawful writ, process, order, or judgment of a court;

3. Any abuse of or any unlawful interference with the processes or proceedings of a court not
constituting direct contempt;

4. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice;

5. Assuming to be an attorney or an officer of the court, and acting as such without authority;

6. Failure to obey a subpoena duly served;

7. The rescue, or attempted reduce, of a person or property in the custody of an officer by

virtue of an order or process of a court held by him.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

PEDRO MANZANO
Plaintiff, Civil case No. 5524
-versus-
For: DAMAGES
JUAN DE CASTRO
Defendant
x --------------------------------------x
 MOTION TO CITE WITNESS FOR CONTEMPT

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. Plaintiff is of legal age and with residence at 335 Malvar Street, Puerto Princesa while
respondent is also of legal age and wit residence at 433 Rizal Avenue, Puerto Princesa
City where he may be serve with summons and other legal processes.
2. Plaintiff is the Plaintiff I the above –captioned case.
3. On November 3, 20103, upon plaintiff’s application, the court issued a subpoena for
respondent to appear and testify on December 3, 2013 before the Honorable Court, and
said subpoena was served on him on November 15, 2013 by the sheriff, per letter’s
return. Certified true copies of the subpoena and the sheriff’s return are attached hereto
as Annexes “A” and “B”, respectively.
4. Respondent did not honor the subpoena, as he did not appear on the date, time and
place indicated in said subpoena, thereby delaying plaintiff’s presentation of his
evidence, as respondent would have been plaintiff’s last witness.

WHEREFORE, plaintiff prays that after respondent shall have been given the opportunity
to be heard, judgment be rendered punishing him for indirect contempt of court for willful
defiance and disregard of the subpoena served on him on November 15, 2013.
Puerto Princesa City, December 12, 2013.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Plaintiff

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, PEDRO MANZANO, of legal age and with residence at Lagan St. Puerto Princesa City,
after having been duly sworn, depose and say:
1. That I am the plaintiff in the above entitled complaint.
 2. That I have caused the preparation by my counsel of said complaint.
3. That I have read the allegations therein contained, and that the same are true and
correct of my personal knowledge or based on authentic records.
4. That I have not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending therein; and if I should thereafter
learn that the same or similar action or claim has been filed or is pending to the court
wherein the aforesaid complaint or initiatory pleading has been filed.

Witness my hand this 23rd day of October 2013 at Puerto Princesa City, Palawan.

PEDRO MANZANO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto
Princesa and the Province of Palawan this 24th day of October 2013. Affiant personally came
and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid
until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me
as the same person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument.

ATTY. APRIL JULIE MAE P. GONZAGA

 MOTION TO INHIBIT

It is an application for a relief in a legal proceeding praying that a judge or any officer
be restrained from resolving a complaint or a case.

Republic of the Philippines

Department of Justice
Office of the City Prosecutor
Manila City

REPUBLIC OF THE PHILIPPINES,

Complainant,
-versus- CRIMINAL CASE NO. 9935-11
FOR: Qualified Theft
JASPER WARREN SILVA,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO INHIBIT

Complainant, by counsel, to the Honorable Court, alleges that:

The instant complaint was filed sometime in 06 May 2011. However, up to

this time, no resolution has yet been issued by the honorable office;

This has been the case despite several follow-ups made by the complainant and it is
very apparent that there is an unreasonable delay in rendering the resolution to the extreme
prejudice of the complainants;

In view of the foregoing, to avoid the appearance of bias and impropriety, it is most
respectfully prayed of the Honorable Office that the honorable investigating prosecutor inhibit
himself from resolving this criminal complaint. Other reliefs just and equitable are likewise
prayed for.
City of Manila, for Imus City, 25 May 2012.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Complainant
 MOTION TO LIFT ORDER OF ARREST

It is a motion to lift the order of the arrest due to the failure of the accused to appear
on the scheduled hearing despite due notice because of some reasonable causes.

Republic of the Philippines

REGIONAL TRIAL COURT
10TH Judicial Region
Branch 31
Davao City

REPUBLIC OF THE PHILIPPINES,

Complainant,
-versus- CRIMINAL CASE NO. 9935-11
FOR: Qualified Theft
JERRY WARREN SILVA,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
MOTION TO LIFT ORDER OF ARREST

Accused Jerry Warren Silva, by counsel, to the Honorable Court, most respectfully
states that:

That on 20 November 2013, the Honorable Court ordered the arrest of the accused for
her failure to appear during the scheduled hearing on the same date despite due notice;
With the kind indulgence of this Honorable Court, the accused did not neglect her
appearance and to refuse and disobey the lawful orders of this Honorable Court. However, due
to the fact that he was indisposed on the said hearing date, he failed to appear before this
Honorable Court.
Moreover, accused hereby undertakes to attend on the said hearing date;
 The filing of this motion is not in any manner intended to delay the proceedings and
early resolution of the above- captioned case but is solely for the reasons above-stated;

IN VIEW WHEREOF, it is respectfully prayed of this Honorable Court that the instant
motion be granted and the Order of Arrest dated 20 November 2013, be lifted. Accused prays
for such other reliefs as are just and equitable under the circumstances.
Davao City, 13 December 2013.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Accused
 MOTION TO RELEASE MOTOR VEHICLE

A motion where the police, pending investigation collects the motor vehicle which is
relevant for investigation during the case and thereafter keeps the same. The owner of this
vehicle or property in order to get the same released from the court has to apply to court and
seek its release as per the conditions which may be imposed on the owner. He has to file an
application before the court in order to seek release of his vehicle. This is called superdari. The
Court may then make an order for proper custody of vehicle or other such property for the
period of inquiry or when trial is pending before the court.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

REPUBLIC OF THE PHILIPPINES,

Complainant,
-versus- CRIMINAL CASE NO. 9935-11
FOR: Qualified Theft
KENNY ROGERS,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO RELEASE MOTOR VEHICLE

Accused, by counsel, to this Honorable Court respectfully states:

That in the hearing for the Petition for Bail held last 12 December 2013, it was admitted
by PO1 Engelbert Villafranca, one of the arresting officers, that a motor vehicle with body
number LBI-XX3499tt and bearing plate number DUO 789 belonging to the accused is in police
custody.
 Accused maintained that the impounded motor vehicle was not used in the commission
of the offense, nor was it included in the inventory of confiscated items from the accused as
admitted by the prosecution witness PO2 Villafranca during the 12 December hearing.
With all due respect, it is illogical to confiscate, much more retain custody, over the said
vehicle, when the same was not even included in the inventory of property confiscated from the
accused.
Truth to tell, the said motor vehicle was being used by the accused to earn a living and
that it was never intended to be used for any illegal purpose;
The continued impounding of said vehicle has directly or indirectly deprived the accused
of its work-related and personal use and has impaired his capacity to earn.
In addition, continued impounding of said vehicle needless to state, would further
caused its deterioration beyond repair.

WHEREFORE, premises considered, it is respectfully prayed that an Order be issued

directing PO2 Engelbert Villafranca to turn over the possession of the said vehicle to the
accused or his duly authorized representatives in the interest of justice. Other reliefs, which are
just and equitable, are also prayed for.
Tagum City, 13 January 2014.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Accused
 MOTION TO RENDER JUDGMENT

A motion asking the court to issue summary judgment on at least one claim. If the
motion is granted, a decision is made on the claims involved without holding a trial. Typically,
the motion must show that no genuine issue of material fact exists, and that the opposing party
loses on that claim even if all its allegations are accepted as true, or that the opposing party
failed to file a responsive pleading.

Republic of the Philippines

REGIONAL TRIAL COURT
11TH Judicial Region
Branch 31
Tagum City

REPUBLIC OF THE PHILIPPINES,

Complainant,
-versus- CRIMINAL CASE NO. 9935-11
FOR: Qualified Theft

JENNY CHANG,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
MOTION TO RENDER JUDGMENT

Private Complainant, by counsel, to this Honorable Court respectfully states:

The above-entitled complaint was filed on 06 May 2011.

Respondent should have filed his Answer on 21 May 2011 yet, to date, upon
verification with the court records, respondent Jasper Sol Cruz has not yet filed the
aforesaid Answer.
 Private Complainant prays for the speedy resolution of this case as provided for
by the Revised Rules of Court and in consonance with the timeless legal maxim that
justice delayed is justice denied.

WHEREFORE, premises considered, it is respectfully prayed that a decision be

rendered in the above-entitled case in the interest of justice. Other reliefs, which are
just and equitable, are also prayed for.
Tagum City, 25 May 2011.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the Private Complainant