Forms
Forms
TABLE OF CONTENTS
NOTES 1
FORM NO. 12. AFFIDAVIT OF ADJUDICATION BY SOLE HEIR OF ESTATE OF DECEASED PERSON 22
FORM NO. 34. ACTION FOR CONVEYANCE OF TITLE OBTAINED IN BREACH OF TRUST 76
NOTES:
What are the cardinal rules in drafting legal documents? Explain each.
1) The usual commencement of a contract should be: “This Agreement”, “An
Agreement”, or “Articles of Agreement”, although it is better to state the
particular kind of contract or agreement to be drafted, as “This Mortgage”,
“This Contract of Sale”, “This Contract of Lease,” etc.
2) The full (not abbreviated or initial) names of the parties, their capacity, civil
status, and their residences, should come next. A logical order in which
parties are to be named in the document must be observed. Thus, in deed
of conveyance, the name of the seller, mortgagor, or grantor must first be
stated; in employment contracts, the name of the employer usually comes
first.
3) The principal or operational clauses of the document should be stated in
separate, numbered paragraphs to facilitate ready reference thereto.
4) Verbosity should be avoided.
5) Specific or technical terms, which have special meanings in the document
should be especially defined.
6) Names of parties should be repeated, where the use of pronouns would
give rise to ambiguity.
7) The document must be neat, free from erasures, interlineations, or
suspicions of alterations.
8) A clause may be inserted at the end of an agreement that “this contract shall
extend and be binding upon the parties thereto, their executors,
administrators, and assigns.”
9) The place and date of execution of the document usually come last, and
may be stated thus: “Signed in the City of Manila, Philippines, this __ day
of, 2__.”
Any instrument notarized by a notary public or a competent public official
with the solemnities required by law, is a “public document”.
What are the qualifications in order for one to be eligible for appointment as
a notary public?
To be eligible for appointment as notary public, a person must be:
1) A citizen of the Philippines;
2) Over 21 years of age;
3) A resident in the Philippines for at least one (1) year and maintains a regular
place of work or business in the place where the commission is to be issued;
4) A member of the Philippine Bar in good standing with clearances from the
Office of the Bar Confidant and the Integrated Bar of the Philippines;
5) Must not have been convicted of any crime involving moral turpitude.
What should a notary public enter in the register at the time of notarization?
The notary public shall enter in the register, at the time of notarization:
1) The entry number and page number;
2) The date and time of day of the notarial act;
3) The type of notarial act;
4) The title or description of the instrument;
5) The name and address of each principal;
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LEGAL FORMS 2021 BY MARIA ROSARIO CASTILLO EBREO
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JURAT is that part of an affidavit in which the officer certifies that the
instrument was sworn to before him. It is not part of the affidavit. A jurat should be
used only in affidavits, sworn statements, certifications, verifications and the like –
NEVER IN CONTRACTS.
Efficient Use of Paper Rule, A.M. No. 11-9-4-SC (Resolution), [November 13,
2012]
See also:
• Judicial Affidavit Rule A.M. No. 12-8-8-SC
• Formal Parts of Pleading (Rule 7, Revised Rules of Court)
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BY MARIA ROSARIO CASTILLO EBREO
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2. The facts stated in the above complaint are true and correct to
the best of my knowledge and authentic record;
3. I have not 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 in them; and
4. If I should learn that the same or similar action or claim has been
filed or is pending after its filing, I shall report that fact within five
(5) days from notice to the court or where the complaint or
initiatory pleading has been filed.
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BY MARIA ROSARIO CASTILLO EBREO
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BY MARIA ROSARIO CASTILLO EBREO
_________________
(Signature of Affiant)
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_________________
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
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BY MARIA ROSARIO CASTILLO EBREO
PROMISSORY NOTE
(MONTH), (DAY), (YEAR)
₱__________
___________ after date, I _______________, promise to pay
the order of ____________, the sum of
_________________(₱________) PESOS (Philippine currency),
_____________________
(Signature of the Maker)
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LEGAL FORMS 2021 BY MARIA ROSARIO CASTILLO EBREO
(Copy of draft)
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BY MARIA ROSARIO CASTILLO EBREO
DEED OF SALE
(Description)
It is hereby mutually agreed that the vendee shall bear all the
expenses for the execution and registration of this deed of sale.
___________________
(Vendor)
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BY MARIA ROSARIO CASTILLO EBREO
With my consent
___________________
(Vendor’s wife)
_____________________ _____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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BY MARIA ROSARIO CASTILLO EBREO
_____________________ _____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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WITNESSETH
right of way over the aforementioned property of said “B” limited to not
more than two (2) meters wide throughout the whole length of the
western side of said property as specifically indicated in the attached
plan which is made an integral part of this contract as, Annex “A”
It is further agreed that “B” shall deliver unto “A” all the necessary
papers, deeds, and titles in relation to the servient estate in order to
facilitate the registration of the above-mentioned right of way, in
accordance with law.
___________________ ___________________
(Signature of owner of (Signature of owner
dominant estate) of servient estate)
_____________________ _____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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BY MARIA ROSARIO CASTILLO EBREO
PARTITION AGREEMENT
WITNESSETH
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BY MARIA ROSARIO CASTILLO EBREO
_________________ ___________________
(Co-owner) (Co-owner)
_____________________ _____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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BY MARIA ROSARIO CASTILLO EBREO
AFFIDAVIT
REPUBLIC OF THE PHILIPPINES )
CITY OF __________________ ) S.S.
(Description)
5. That the net value of said estate is not more than there
thousand pesos (Php 3,000), and is therefore exempt from the
estate and inheritance taxes, as evidenced by a certificate of
exemption issued by the Bureau of Internal Revenue hereto
attached as Annex “B” and made an integral part of this affidavit;
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BY MARIA ROSARIO CASTILLO EBREO
_____________
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
(Description)
__________________________
(Mortgagor)
With my consent:
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BY MARIA ROSARIO CASTILLO EBREO
__________________________
(Wife of mortgagor)
WITNESSES
______________________ ______________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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LEGAL FORMS 2021
BY MARIA ROSARIO CASTILLO EBREO
CHATTEL MORTGAGE
WITNESSETH:
______________________
(Mortgagee)
WITNESSES
______________________ _____________________
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BY MARIA ROSARIO CASTILLO EBREO
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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BY MARIA ROSARIO CASTILLO EBREO
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CONTRACT OF LEASE
4. That all the ordinary repairs within the premises that arise
in the daily use of the facilities therein shall be for the sole account and
expense of the lessee, without right of reimbursement;
7. That all charges for water, light, gas, telephone used within
the premises shall be at the sole account of the lessee;
10. That violation of any of the above terms and conditions will
produce ipso facto the rescission of this contract of lease.
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LEGAL FORMS 2021 BY MARIA ROSARIO CASTILLO EBREO
_________________ ___________________
(Lessor) (Lessee)
WITNESSES:
_____________________ _____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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BY MARIA ROSARIO CASTILLO EBREO
MAKE:
TYPE:
MOTOR NO.:
SERIAL/CHASSIS NO.:
PLATE NO.:
That I further declare that the said described motor vehicle is free
from liens and/or encumbrances and shall defend its ownership from
any/all claim/s whatsoever.
____________________
(Vendor)
WITNESSES:
_____________________ _____________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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BY MARIA ROSARIO CASTILLO EBREO
To ask, demand, sue for, recover, collect any and all sums of
money, debts, dues, accounts, legacies, bequests, interests,
dividends, receivables, and other things of value of whatever nature or
kind as may now be or may hereafter be due, owing, payable, or
belonging to me, and to have, sue, and to take any and all lawful ways
and means for the recovery thereof by suit, attachment, compromise
or otherwise;
____________________
(Principal)
WITNESSES:
_____________________ _____________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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BY MARIA ROSARIO CASTILLO EBREO
(Description of property)
____________________
(Principal)
WITNESSES:
_____________________ ____________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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________________________
(Signature)
WITNESSES:
______________________ ______________________
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BY MARIA ROSARIO CASTILLO EBREO
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
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BY MARIA ROSARIO CASTILLO EBREO
TRUST RECEIPT
Consular Invoice__________________________
Bill of Lading_____________________________
The said bank may at any time cancel this trust and take
possession of said merchandise or of the proceeds of such of the same
as may then have been sold, wherever the said merchandise or
proceeds may then be found, and all the provisions of the trust receipt
shall be applied to and be deemed to include said abovementioned
merchandise if the same shall have been made up or used in the
manufacture of any other goods, or merchandise, and the said bank
shall have the same rights and remedies against the said merchandise
in its manufactured state, or the product of said manufacture as it would
have had in the event that such merchandise had remained in its
original state, and irrespective of the fact that other and different
merchandise is used in completing such manufacture. In the event of
any suspension or failure of assignment for the benefit of creditors on
the part of the undersigned or of the nonfulfillment of any obligation or
of the non-payment at maturity of any acceptance made under said
credit, or any other credit issued by the said bank on account of the
undersigned or of the non-payment of any indebtedness on the part of
the undersigned to the said bank, all obligations, acceptance,
indebtedness and liabilities whatsoever shall thereupon without notice
mature and become due and payable.
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________________________
Amount _______________
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pertaining to, and/or in any manner connected with this trust receipt,
this in the event of default and/or non-fulfilment in any respect of the
undertaking of the aforesaid ______________________, We further
agree that our liability in this guaranty shall be direct and immediate
and not contingent upon the pursuit by the Philippine National Bank of
whatever remedies it may have against the aforesaid
______________________.
_________________ ________________
(Guarantors ) (Guarantors)
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______________,
Plaintiff,
______________,
Defendant/s.
x-----------------------------x
COMPLAINT
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6. The facts stated in the above complaint are true and correct to
the best of my knowledge and authentic record;
7. I have not 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 in them;
and
8. If I should learn that the same or similar action or claim has been
filed or is pending after its filing, I shall report that fact within five (5)
days from notice to the court or where the complaint or initiatory
pleading has been filed.
(Signature of Affiant)
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Respondent/s.
x-----------------------------x
PETITION
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
Respondent/s.
x-----------------------------x
PETITION
PETITIONER, thru counsel, respectfully avers that:
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
Respondent/s.
x-----------------------------x
PETITION
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
x-----------------------------x
COMPLAINT
4. The defendant has failed to pay the rents for the months of
________, which now amounts to _________;
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
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x-----------------------------x
COMPLAINT
Plaintiff, thru counsel, respectfully avers that:
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
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BY MARIA ROSARIO CASTILLO EBREO
In Re:
Petition to Approve the
Will of _______, Deceased, S.P. Proc. No: ______
Mr. ______,
Petitioner.
x-----------------------------x
PETITION
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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x-----------------------------x
PETITION
Petitioners, thru counsel, unto this Honorable Court, respectfully
avers that:
2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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LEGAL FORMS 2021BY MARIA ROSARIO CASTILLO EBREO
- versus –
______________,
Respondent/s.
x-----------------------------x
PETITION
Petitioners thru counsel, unto this Honorable Court respectfully
avers that:
4. Our child was violated of his right to life, liberty and security
when members of the military unit under the respondent officer, forcibly
took him on ________________;
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
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- versus –
______________,
Respondent/s.
x-----------------------------x
PETITION
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
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BY MARIA ROSARIO CASTILLO EBREO
_____________________
Petitioner.
x-----------------------------x
PETITION
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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LEGAL FORMS 2021BY MARIA ROSARIO CASTILLO EBREO
______________,
Plaintiff,
x-----------------------------x
COMPLAINT
1. Both the plaintiff and the defendant are of age and residents
of ______________;
2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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______________,
Plaintiff,
x-----------------------------x
COMPLAINT
Plaintiff thru counsel, and unto this Honorable Court,
respectfully avers that:
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
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BY MARIA ROSARIO CASTILLO EBREO
______________,
Plaintiff,
x-----------------------------x
COMPLAINT
1. That both the plaintiff and the defendant are of age, and
residents of ________________;
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
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BY MARIA ROSARIO CASTILLO EBREO
______________,
Protestant,
______________,
Protestee.
x-----------------------------x
PETITION
Petitioner through counsel and unto this Honorable Court,
respectfully alleges that:
2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
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BY MARIA ROSARIO CASTILLO EBREO
(Signature of Affiant)
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_____________,
Plaintiff,
______________,
Defendant/s.
x-----------------------------x
______________,
Third-Party Plaintiff,
- versus –
______________,
Third-Party Defendant.
x-----------------------------x
THIRD-PARTY COMPLAINT
1.
That the defendant and the third-party defendant are both
of age and resident of
________________________________________;
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2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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BY MARIA ROSARIO CASTILLO EBREO
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_____________,
Plaintiff,
______________,
Defendant/s.
______________,
Intervenor.
x-----------------------------x
COMPLAINT IN INTERVENTION
2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic record;
(Signature of Affiant)
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_____________,
Complainant,
x-----------------------------x
INFORMATION
The undersigned Assistant City Prosecutor, upon sworn
complaint originally filed by the offended party accuses ___________
of the crime of Adultery, committed as follows:
Contrary to law.
(Venue, date)
Witnesses:
BAIL RECOMMENDED:
Certification
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BY MARIA ROSARIO CASTILLO EBREO
_____________,
Complainant,
x-----------------------------x
INFORMATION
The undersigned Assistant City Prosecutor, upon sworn
complaint originally filed by the offended party, accuses __________
of the crime of ESTAFA, committed as follows:
Contrary to law.
(Venue, date)
Assistant City Prosecutor
Witnesses:
BAIL RECOMMENDED:
Certification
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BY MARIA ROSARIO CASTILLO EBREO
_____________,
Complainant,
Respondent.
x-----------------------------x
INFORMATION
The undersigned Assistant City Prosecutor, upon sworn
complaint originally filed by the offended party, accuses __________
of the crime of ESTAFA, committed as follows:
Contrary to law.
(Venue, date)
Assistant City Prosecutor
Witnesses:
BAIL RECOMMENDED:
Certification
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BY MARIA ROSARIO CASTILLO EBREO
_____________,
Complainant,
Respondent.
x-----------------------------x
INFORMATION
The undersigned Assistant City Prosecutor, upon sworn
complaint originally filed by the offended party, accuses __________
of the crime of ESTAFA, committed as follows:
Contrary to law.
(Venue, date)
Assistant City Prosecutor
Witnesses:
BAIL RECOMMENDED:
Certification
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BY MARIA ROSARIO CASTILLO EBREO
_____________,
Complainant,
Respondent.
x-----------------------------x
INFORMATION
Contrary to law.
(Venue, date)
Assistant City Prosecutor
Witnesses:
BAIL RECOMMENDED:
Certification
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BY MARIA ROSARIO CASTILLO EBREO
_____________,
Complainant,
Respondent.
x-----------------------------x
INFORMATION
Contrary to law.
(Venue, date)
Assistant City Prosecutor
Witnesses:
BAIL RECOMMENDED:
Certification
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BY MARIA ROSARIO CASTILLO EBREO
_____________,
Complainant,
______________,
Defendant/s.
x-----------------------------x
MOTION TO QUASH
ARGUMENTS
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BY MARIA ROSARIO CASTILLO EBREO
(Here state, among other, the crime under which the name of the
court in which he was in jeopardy, and the date and place of such
jeopardy)
PRAYER
(Explanation of Service)
(Notice of Hearing)
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_____________,
Plaintiff-Appellee,
GROUND
ARGUMENT
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BY MARIA ROSARIO CASTILLO EBREO
PRAYER
(Explanation of Service)
(Notice of Hearing)
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_____________,
Plaintiff,
(Explanation of Service)
(Notice of Hearing)
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_____________,
Plaintiff-Appellee,
x-----------------------------x
NOTICE OF APPEAL
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