Sample Motion for Inhibition

Republic of the Philippines

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch LXII (62)
Makati City

AMER KADO,
Plaintiff,
- versus -

Civil Case No. 111222

KARLA BAN,
Defendant.
x-------------------------------------------x

MOTION TO INHIBIT
DEFENDANT, through the undersigned counsel, respectfully moves this Honorable
Court to desist from trying the above-entitled case on the following averments:
1. That defendant has been summoned before this Honorable Court;
2. That it appears that there is danger of partiality, bias and prejudice in favor of the plaintiffs
for the reason that Honorable Judge Maka Tarungan is related to the plaintiff within the 4th
civil degree of consanguinity;
3. That defendant will be prejudiced if the Honorable Judge continues to hear the above-entitled
case;
4. That it is necessary that the Honorable Judge inhibit himself so as to promote the
administration of justice.
WHEREFORE, in view of the foregoing, it is respectfully prayed that Honorable Judge
Maka Tarungan inhibit himself from hearing and trying the above-entitled case.

Makati City, Philippines. August 5, 2013.

ATTY. BEN TONG
Counsel for Defendant

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 62
Makati City
ATTY. BEN TAMBLING
Counsel for the Plaintiff
1234 Zamora Street, Pasay City
Greetings!
Please take notice that the undersigned counsel will submit the foregoing Motion to
the Honorable Court on August 27, 2013 at 8:30 in the morning for its favorable
consideration and approval.

BEN TONG
Copy furnished by registered mail:
ATTY. BEN TAMBLING
Counsel for the Plaintiff
2233 Zamora Street, Pasay City

EXPLANATION
Due to lack of messengerial services to effect personal service, a copy of the foregoing
motion was sent to defendant's counsel through registered mail.
BEN TONG

Sample Motion to Release Cash Bail Bond

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 67
Makati City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Crim Case No. 123456
- versus -

for

Frustrated Homicide
AKU SADO,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x

EX PARTE MOTION TO RELEASE BAIL

Accused, through the undersigned counsel, unto this Honorable Court, respectfully
states:

1. That accused posted bail for his provisional liberty in the above-entitled case as evidenced by
Official Receipt No. 222224, dated March 4, 2011, a copy of which is hereto attached as
Annex A and made an integral part hereof;
2. That in the Judgment of the Honorable Court promulgated on July 24, 2013, the accused was
acquitted of all charges and liabilities;
3. However, the said Judgment failed to provide for the release of the bail bond posted by the
accused.
WHEREFORE, in view of the foregoing, accused most respectfully prays that his cash
bail bond be released.
Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.
15 August 2013
City of Makati.
ATTY. BEN TONG
Counsel for the Accused

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 67
Makati City
Greetings!
Being a non-litigated motion, please submit the foregoing motion for consideration
and approval of this Honorable Court immediately upon receipt hereof.
BEN TONG

Sample Motion for Production of Documents

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 67
Makati City

ABC CORPORATION,
Plaintiff,
- versus -

Civil Case No. 111222

RAYMOND CORPUZ MAPA,

Defendant.
x-------------------------------------------x

MOTION FOR PRODUCTION OF DOCUMENTS

PLAINTIFF, by counsel, moves for an order requiring defendant Raymond Corpuz

Mapa:
1. To produce and permit plaintiff to inspect and to copy each of the following
documents:
(Here, list the documents and describe each of them)
2. To produce and permit plaintiff to inspect and to photograph each of the following
objects:
(Here, list the objects and describe each of them)
3. To permit plaintiff to enter (here describe property to be entered) and to inspect
and photograph (here describe the portion of the real property and the objects to be
inspected and photographed)

Defendant has the possession, custody or control of each of the foregoing documents
and objects and of the above-mentioned real estate. Each of them constitutes or contains
evidence relevant and material to the matter involved in this action.
Makati City, Philippines. September 13, 2013.
ATTY. VX YZ
Counsel for Plaintiff

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 67
Makati City
Greetings!
Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the courts calendar for
hearing on Friday, 27 September 2013 at 8:30 in the morning
VX YZ
Copy furnished:
ATTY. AB CD
Counsel for the Defendant
2233 Zamora Street, Pasay City
Please take notice that counsel has requested to be heard on Friday, 27 September
2013 at 8:30 in the morning.
VX YZ

Motion to Set Case for Pre-Trial

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 67
Makati City

ABC CORPORATION,
Plaintiff,
- versus -

Civil Case No. 111222

RAYMOND CORPUZ MAPA,

Defendant.
x-------------------------------------------x

EX-PARTE MOTION TO SET CASE FOR PRETRIAL

PLAINTIFF, by counsel, through the undersigned counsel unto this Honorable Court,
most respectfully moves that the instant case be set for pre-trial considering that the issues
have been joined by the filing of defendant's Answer.
WHEREFORE, in view of the foregoing, it is most respectfully prayed that the instant
case be immediately set for pre-trial.
Makati City, Philippines. August 30, 2013.
ATTY. VX YZ
Counsel for Plaintiff

NOTICE OF HEARING
THE BRANCH CLERK OF COURT

MeTC - Branch 67
Makati City
Greetings!
Being a non-litigated motion, please submit the foregoing motion for consideration
and approval of this Honorable Court immediately upon receipt hereof.

VX YZ
Copy furnished:
ATTY. AB CD
Counsel for the Defendant
2233 Zamora Street, Pasay City
Please take notice that counsel has requested for the approval of this motion
immediately upon receipt.
VX YZ

Sample Motion for Permanent Dismissal

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch LXI (61)
Makati City
PEOPLE OF THE PHILIPPINES,
- versus Crim. Case Nos. 555555
ROD SANTOS y PEREZ,
Accused.
x----------------------------------------x

MOTION FOR PERMANENT DISMISSAL

ACCUSED, assisted by the undersigned counsel, unto this Honorable
Court, most respectfully alleges 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 action
to revive the case; hence, accused respectfully moves that the case be
permanently dismissed.
for

WHEREFORE, premises considered, accused most respectfully moves

the
permanent
dismissal
of
this
case.

Other reliefs just and equitable in the premises are likewise sought.
Makati City, Philippines. September 2, 2013.

ATTY. VX YZ
Counsel
for the Accused

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 61
Makati City
Greetings!
Please submit the foregoing motion to the Honorable Court on September 18, 2013 at
8:30 in the morning for its favorable consideration and approval.

VX YZ
Copy

furnished

PROSECUTOR WX
Office of the City Prosecutor, Makati City
ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City

by

personal

service:
YZ

Sample Motion for Extension of Time to File Comment

Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39
Quezon City

ABC CORPORATION,
Plaintiff,
- versus -

Civil Case No. 111222

RAYMOND CORPUZ MAPA,

Defendant.
x-------------------------------------------x

MOTION FOR EXTENSION OF TIME

TO FILE COMMENT TO OFFER OF EVIDENCE
Defendant, by counsel, respectfully alleges that:
1.

On August 3, 2013, he received a copy of the plaintiff's Offer of Evidence dated July 25, 2013.
Hence, pursuant to the order of the Honorable Court in open court during the July 22, 2013
hearing, defendant has five (5) days or until August 8, 2013 within which to file its
Comment to the same;

2.

However, due to volume and pressure of work, coupled with other equally important and
urgent professional commitments, the undersigned counsel cannot complete the said
Comment to the Offer of Evidence within the period required and will need an additional ten
(10) days from August 8, 2013 or until August 18, 2013 within which to do so;

3.

This motion is being filed due to the reason above-stated and not for the purpose of delaying
the instant case.

WHEREFORE, defendant prays that he be granted an additional ten (10) days from
August 8, 2013 or until August 18, 2013 within which to submit a Comment to the Offer of
Evidence.
Quezon City, Philippines. August 30, 2013.
ATTY. VX YZ
Counsel for Defendant

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
RTC - Branch 39
Quezon City
Greetings!
Kindly submit the foregoing motion for consideration and approval of this Honorable
Court immediately upon receipt hereof.

VX YZ
Copy furnished by registered mail:
ATTY. AB CD
Counsel for the Defendant
2233 Zamora Street, Pasay City
Please take notice that counsel has requested for the approval of this motion
immediately upon receipt.
VX YZ

Sample Motion to Order the Sheriff to Make a Return

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch LXIII (63)
Makati City

XYZ CORPORATION,
Plaintiff,
- versus -

Civil Case No. 123456

RODA M. PEREZ,
Defendant.
x----------------------------------------x

MOTION TO ORDER THE SHERIFF

TO MAKE A RETURN

PLAINTIFF, by counsel, before this Honorable Court, most respectfully moves that
the Sheriff of this Honorable Court, be ordered to make the Sheriff's Return on the
summons intended for the defendant. The Complaint was filed as early as March 6, 2013,
and to date, plaintiff still has not received the Sheriff's Return.
WHEREFORE, it is respectfully prayed that the foregoing motion be granted.
Other reliefs just and equitable are also prayed for.
Makati City, Philippines. August 12, 2013.

ATTY. VX YZ
Counsel for the Plaintiff

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

MeTC - Branch 63
Makati City
Greetings!
Kindly set and submit the foregoing Motion for the consideration and approval of
this Honorable Court immediately upon receipt hereof.
VX YZ

Motion to Reduce Bail

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch LXIII (63)
Makati City

PEOPLE OF THE PHILIPPINES,

- versus -

Crim. Case Nos. 123456 &

555555
ROD MAPA y PEREZ,
Accused.
x----------------------------------------x

MOTION FOR REDUCTION OF BAIL

ACCUSED, assisted by the undersigned counsel, unto this Honorable Court, most
respectfully alleges that:
1.

The accused has been charged with Malicious Mischief and Attempted Homicide;

2.

Consequently, warrants of arrest were issued against accused and the bail for his provisional
liberty has been set at P12,000.00 for Malicious Mischief and P15,000.00 for Attempted
Homicide with a total of P27,000.00 for the two cases;

3.

Accused desires to post the required bail but due to financial constraints considering that he is
jobless and is only depending upon his family, he can only raise the amount of P12,000.00
for the two cases.
WHEREFORE, in view of the foregoing, it is most respectfully prayed that Accused be
allowed to post his bail bond for the above two (2) cases at a reduced CASH BOND in the
total amount Twenty-Seven Thousand Pesos (P27,000.00).

Other reliefs just and equitable in the premises are likewise sought.
Makati City, Philippines. August 12, 2013.

ATTY. VX YZ
Counsel for the Accused

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 63
Makati City
Greetings!
Please submit the foregoing motion to the Honorable Court on August 27, 2013 at
8:30 in the morning for its favorable consideration and approval.

VX YZ
Copy furnished by personal service:
PROSECUTOR WX YZ
Office of the City Prosecutor, Makati City
ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City

Motion for Judgment on the Pleadings Sample

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch LXII (62)
Makati City

STERLING BANK OF ASIA,

Plaintiff,
- versus -

Civil Case No. 111222

ELLA CORPUZ MAPA,

Defendant.
x-------------------------------------------x

MOTION FOR JUDGMENT ON THE PLEADINGS

Plaintiff, by counsel, respectfully alleges that:
1.

On May 5, 2013, plaintiff sued defendant for a sum of money in the amount of Two Hundred
Thousand Pesos (P200,000.00);

2.

In his Answer, defendant admitted the obligation and merely stated that he was asking to be
given an extension of time to pay his obligation but that plaintiff instead filed the
Complaint;

3.

Said Answer has not tendered any issue and in fact it can be read therefrom that defendant
admitted the obligation; consequently, a judgment on the pleadings may be rendered.
WHEREFORE, it is respectfully prayed that this Honorable Court render a judgment
on the pleadings.
Makati City, Philippines. August 5, 2013.

ATTY. VX YZ
Counsel for Plaintiff

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 62
Makati City
ATTY. AB CD
Counsel for the Defendant
1234 Zamora Street, Pasay City
Greetings!
Please take notice that the undersigned counsel will submit the foregoing Motion to
the Honorable Court on August 27, 2013 at 8:30 in the morning for its favorable
consideration and approval.

VX YZ
Copy furnished by registered mail:
ATTY. AB CD
Counsel for the Defendant
2233 Zamora Street, Pasay City

EXPLANATION
Due to lack of messengerial services to effect personal service, a copy of the foregoing
motion was sent to defendant's counsel through registered mail.
VX YZ

Motion for Execution of Judgment

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch LXIII (63)
Makati City

PREMIERE BANK,
Plaintiff,
- versus -

Civil Case No. 11

100000
LIELA PADILLA CORPUZ,
Defendant.
x-------------------------------------------x

MOTION FOR EXECUTION OF JUDGMENT

COMES NOW, the Plaintiff through undersigned counsel and to this Honorable Court
respectfully alleged:
1.

That judgment was rendered by this Honorable Court in favor of the plaintiff on June 1, 2013;

2.

That said judgment was duly received by the defendant on June 5, 2013 as shown in the
registry return card;

3.

That up to the present, the defendant had not filed any motion for reconsideration or had
appealed from said decision, hence the decision has become final and executory.
WHEREFORE, it is respectfully prayed that an order be issued by this Honorable
Court for a writ of execution of said judgment.
Makati City, Philippines. July 5, 2013.

ATTY. XYZ
Counsel for Plaintiff

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
MeTC - Branch 63
Makati City
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City
Greetings!
Please take notice that the undersigned counsel will submit the foregoing Motion for
Execution to the Honorable Court on July 25, 2013 at 8:30 in the morning for its favorable
consideration and approval.

XYZ
Copy furnished by registered mail:
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

EXPLANATION
Due to lack of messengerial services to effect personal service, a copy of the foregoing
motion was sent to defendant's counsel through registered mail.
XYZ

Sample Motion for Execution in Small Claims Cases

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch XV (123)
Makati City
DEREK M. RUIZ,
Plaintiff,
- versus -

Civil Case No. 1

ANDREW C. LOPEZ,
Defendant.
x - - - - - - - - - - - - - - - - - - -x

MOTION FOR EXECUTION

Plaintiff, unto this Honorable Court, respectfully alleges that:
1. On January 11, 2013, a judgment was rendered by the Court, the dispositive portion
of which reads:

WHEREFORE, premises considered, the claim is granted. This court orders defendant
ANDREW C. LOPEZ to pay plaintiff DEREK M. RUIZ the amount of P65,359.50 plus 1%
interest per month from September 10, 2012 until fully paid.
2. The judgment is final and unappealable.
3. The defendant has not complied with the judgment.
WHEREFORE, premises considered, it is respectfully prayed that a writ of execution be
issued to implement the judgment of the court dated 11 January 2013 .

Respectfully submitted.
14 March 2013
City of Makati.
DEREK M. RUIZ
Plaintiff

Motion to Plead as Indigent

Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch XV(123)
Makati City

DEREK M. RUIZ,
Plaintiff,

- versus -

Civil Case No. 12345

ANDREW C. LOPEZ,
Defendant.
x - - - - - - - - - - - - - - - - - - -x

MOTION TO PLEAD AS INDIGENT

Plaintiff,

unto

this

Honorable

Court, respectfully

alleges

1. I am a resident of MANILA;

2. My gross income and that of my immediate family does not exceed 8,000.00php;

that:

3. I do not own real property with an assessed value of more than (amount as provided in the
Revised Rules of Court, as amended) as shown by the attached Certification issued by the
Office of the City/Municipal Assessor and the City/Municipal Treasurers Office;

4. Due to financial constraint, I cannot afford to pay for the expenses of a court litigation as I
do not have enough funds for food, shelter and other basic necessities;

5. Should the court render judgment in my favor, the amount of the docket and other legal fees
which I was exempted from paying shall be a lien on the judgment, unless the court orders
otherwise.

WHEREFORE, premises considered, it is respectfully prayed that that I be exempted

from the payment of docket and other legal fees as indigent pursuant to Section 21, Rule 3
in relation to Section 18, Rule 141 of the Revised Rules of Court.
Other reliefs just and equitable under the premises are likewise prayed for.

Respectfully submitted.
14 March 2013
City of Makati.

DEREK M. RUIZ
Plaintiff