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Form No. 1--Motion to Declare Defendant in Default

(Motion to Declare Defendant in Default)

(CAPTION)

MOTION

(TO DECLARE DEFENDANT IN DEFAULT)

Plaintiff, by counsel and unto this Honorable Court, respectfully states

1.The records of the Honorable Court show that Defendant was served with copy of the summons and of the complaint, together with annexes thereto on _____________;

2.Upon verification however, the records show that Defendant _____________ has failed to file his Answer within the reglementary period specified by the Rules of Court despite the service of the summons and the complaint;

3.As such, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.

Form No. 1--Motion for Bill of Particulars

(Motion for Bill of Particulars)

(CAPTION)

MOTION FOR BILL OF PARTICULARS

Defendant, through the undersigned counsel and unto this Honorable Court, respectfully avers:

1. That the plaintiff's complaint in paragraph 5 alleges:

From August 3 to December 2003, defendant never paid anything to herein plaintiff. The check that he issued as partial payment for the first month also bounced. x x x(underscoring supplied)

2.The said allegation is not averred with sufficient definiteness and particularity, specifically it does not mention the amount of the check therein mentioned, its check number, date, and the drawee bank;

3.That a more definite statement on the matters as above-indicated is necessary in order to enable the defendant to prepare its responsive pleading because from the very onset of this controversy, the main dispute was on what was actually and exactly agreed upon by the parties as the amount of monthly rentals on the lease of plaintiff's property;

4.However, due to the fact that defendant corporation had to transfer its liaison offices depending on its project sites, the check stub where the above-mentioned check came from was probably misplaced and could no longer be found;

5.That a bill of particulars or a more definite statement as to particulars of the said check which was allegedly issued by the defendants as partial payment for the first month would definitely simplify the issues in this case, and hopefully uncomplicate the negotiations between the parties for an amicable settlement.

PRAYER

WHEREFORE, defendant most respectfully prays that an order be issued by this Honorable Court requiring the plaintiff to make more definite statement as to the particulars of the check mentioned in paragraph 5 of his complaint, particularly stating its amount, check number, date, and the name of the drawee bank.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

Form No. 3--Release of Mortgage

(Release of Mortgage)

RELEASE OF MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

That I, _____________, Filipino, of legal age, (single / married / widow), and a resident of _____________, Philippines, mortgagee of __Property Mortgaged__ in a Deed of (Real Estate / Chattel) Mortgage executed by __Name of Mortgagor__ on _____________ and entered as Doc. No. _______; Page No. _______; Book No. _______; Series of _______ in the Notarial Register of Notary Public _____________, hereby release and completely discharge the aforementioned mortgage on the above-mentioned property, the loan secured having been completely paid and settled to my full satisfaction.

IN WITNESS WHEREOF, I have hereunto set my hand, this _____________ at _____________, Philippines.

Mortgagee

SIGNED IN THE PRESENCE OF:

_________________ _________________

(ACKNOWLEDGMENT)

Form No. 4--Release of Real Estate Mortgage

(Release of Real Estate Mortgage)

RELEASE OF MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines,

WITNESSETH:

That I am the Mortgagee in that Deed of Real Estate Mortgage executed by _____________ on _____________ and registered as Doc. No. ______; Page No. ______; Book No. ______; Series of ______, in the Notarial Register of Notary Public _____________;

That having this date received the full amount of __________________________ (P__________), in Philippine Currency, from the Mortgagor, which is in full and complete settlement of the obligation secured by the said mortgage, I do hereby forever RELEASE, DISCHARGE, AND CANCEL the aforementioned Mortgage, covering the parcel of land covered by Original/Transfer Certificate of Title No _____________ of the Registry of Deeds of _____________, situated in the City/Municipality of _____________ with an area of _____________ (________) square meters, more or less.

IN WITNESS WHEREOF, I have hereunto set my hand, this _____________ at _____________, Philippines.

Mortgagee

SIGNED IN THE PRESENCE OF:

_________________ _______________

(ACKNOWLEDGMENT)

Form No. 2--Real Estate Mortgage Without Separate Promissory Note

(Real Estate Mortgage Without Separate Promissory Note)

REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Real Estate Mortgage, made by and between:

_____________, of legal age, (single / married / widow), and a resident of _____________, Philippines (hereinafter known as the MORTGAGOR);

- and -

_____________, of legal age, (single / married / widow), and a resident of _____________, Philippines (hereinafter known as the MORTGAGEE);

WITNESSETH; That:

The MORTGAGOR is indebted unto the MORT­GAGEE in the sum of _____________ (P__________), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR upon the signing of this instrument, payable to the order of the MORGAGEE without need of prior demand or notice within a period of _____________ (years/months/weeks/days), at _____________ (P__________) (monthly/weekly/daily) starting on _____________ and on every _____________ thereafter until fully paid, with interest thereon at the rate of _____________ (______%) percent per (month/annum).

NOW, THEREFORE, for and consideration of the afore-mentioned indebtedness, and to assure the performance of said obligation to pay, the MORTGAGOR does hereby convey and DELIVER by way of MORTGAGE unto the MORTGAGEE, (his/her) heirs, successors and as signs, the following parcel of land, together with all the improvements found and standing thereon, more particularly described as follows:

(Technical Description of Property)

That it is the condition of this Mortgage that should the MORTGAGOR perform the obligation to pay the afore-cited indebtedness of _____________ together with accrued interest thereon, within the agreed term, this Real Estate Mortgage shall be discharged and shall at once become null and void and of no effect whatsoever, otherwise, it shall subsist and remain in full force and effect and be subject to foreclosure in the manner and form prescribed by law.

IN WITNESS WHEREOF, we have have hereunto set their hands, this _____________ at _____________, Philippines.

MORTGAGOR MORTGAGEE

With my Marital Conformity:

Mortgagor's Spouse

SIGNED IN THE PRESENCE OF:

_________________ __________________

(ACKNOWLEDGMENT)

 

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