ATTY. MA. JESUSA ELEANOR S.
MAGBANUA
SECTION 160 | MONDAY | 5:30-7:30PM |
GROUP 6
GAYADOS, KHAYLE
LASTIMOZA, PRINCESS FAY
NABARTEY, HAZEL
PIMENTEL, CHRISCELLE ANN
ROLLON, ALYANNA
PLEADINGS/MOTION
1. PETITION FOR LEGAL
SEPARATION
2. COMPLAINT FOR UNLAWFUL
DETAINER
3. COMPLAINT FOR FORCIBLE
ENTRY
4. NOTICE OF LIS PENDES and
MOTION TO SERVE SUMMONS BY
PUBLICATION
5. MOTION TO ISSUE ALIAS
SUMMONS
PETITION FOR
LEGAL SEPARATION
GAYADOS, Khayle
OVERVIEW
A Petition for Legal Separation in the Philippines is a legal remedy
provided under the Family Code of the Philippines (Executive Order No.
209). It allows a married couple to live separately and manage their assets
independently while maintaining the validity of their marriage. Unlike
annulment or declaration of nullity of marriage, legal separation does not
dissolve the marital bond, meaning neither spouse can remarry.
UNDER SIGNIFICANT
PLEADING/ PARTY WHERE
GROUNDS WHAT PORTION/CON PRESCRIPTION
MOTION WHO FILED TO FILE
RULE TENT
(1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common child,
or a child of the petitioner Under Article 57 of
The petition
the Family Code of
must be filed
(2) Physical violence or moral pressure to compel the the Philippines, the
petitioner to change religious or political affiliation personally 1. Caption and
petition for legal
by the The Title
separation must be
(3) Attempt of respondent to corrupt or induce the innocent aggrieved 2. Allegations of
petitioner, a common child, or a child of the petitioner, to Rule 103 of filed within five (5)
spouse. spouse Jurisdiction
engage in prostitution, or connivance in such corruption
the Rules years from the time
or inducement It cannot be must file a 3. Material
of Court of the occurrence
filed by a verified Allegations
and of the cause of
(4) Final judgment sentencing the respondent to representati petition for 4. Prayer for
imprisonment of more than six years, even if pardoned Articles 55 action.
ve, except legal Relief
to 67 of under separation 5. Verification
(5) Drug addiction or habitual
LEGAL alcoholism of the respondent the Family special before the and
SEPARATION Code of circumstanc Regional Certification
(6) Lesbianism or homosexuality of
the respondent the es such as Trial Court Against Forum
Philippines mental in the Shopping
(7) Contracting by the respondent of a subsequent
(Executive incapacity or locality 6. Annexes and
bigamous marriage, whether in the Philippines or abroad
physical where Supporting
Order No.
disability (in either of Documents
209, as
(8) Sexual infidelity or perversion which case, the 7. Signature and
amended).
a legal spouses Notarization
guardian resides.
(9) Attempt by the respondent against
the life of the petitioner may file on
their behalf).
(10) Abandonment of petitioner by
respondent without justifiable cause
for more than one year.
PETITION FOR LEGAL SEPARATION
PETITION FOR LEGAL SEPARATION
PETITION FOR LEGAL SEPARATION
COMPLAINT
FOR UNLAWFUL DETAINER
PIMENTEL,
CHRISCELLE ANN
OVERVIEW
Unlawful detainer and forcible entry suits are designed to summarily restore
physical possession of a piece of land or building to one who has been
illegally or forcibly deprived thereof, without prejudice to the settlement of the
parties' opposing claims of juridical possession in appropriate proceedings.
UNDER PARTY
WHERE TO SIGNIFICANT
GROUNDS WHAT WHO PRESCRIPTION
FILE PORTION/CONTENT
RULE FILED
a lessor,
vendor,
vendee, or MTC
complaint sufficiently alleges a
other
cause of action for unlawful detainer
person
if it recites the following:
[Link] of property by the
against a. Initially, possession of property by
defendant was by contract with or by whom the the defendant was by contract with
tolerance of the plaintiff; possession or by tolerance of the plaintiff;
[Link] possession became illegal upon of any land b. Eventually, such possession
notice by plaintiff to defendant of the or building became illegal upon notice by
termination of the latter’s right of is plaintiff to defendant of the
possession; unlawfully termination of the latter’s right of
COMPLAINT one-year (1) —
c. Defendant remained in possession of Rule 70 of withheld possession;
FOR counted from the date of
the property and deprived the plaintiff of the Rules after the c. Thereafter, the defendant
UNLAWFUL the last demand to
the enjoyment thereof; of Court expiration remained in possession of the
DETAINER pay/comply and vacate
d. Demand upon lessee to pay the rental or property and deprived the plaintiff of
or comply with the terms of the lease and termination the enjoyment thereof;
vacate the premises; and of the right d. Demand upon lessee to pay the
e. Within one year from the last demand to hold rental or comply with the terms of
on defendant to vacate the property, the possession the lease and vacate the premises;
plaintiff instituted the complaint for ; or and
ejectment e. Within one year from the last
legal
demand on defendant to vacate the
representat
property, the plaintiff instituted the
ives or
complaint for ejectment
assigns of
such
SAMPLE:
SAMPLE:
COMPLAINT
FOR FORCIBLE ENTRY
ROLLON, Alyanna R.
OVERVIEW
PLEADING/ UNDER WHAT PARTY WHO
GROUNDS WHERE TO FILE SIGNIFICANT PORTION/CONTENT PRESCRIPTION
MOTION RULE FILED
1. Caption: Must be titled as “Forcible
Entry” Rule 70.
Forcible entry and
detainer actions
One is deprived of the 2. Averments
shall be
physical possession (a) A clear statement that plaintiff had
commenced and
of real property be prior physical possession of the The following actions
tried in the
means of: Any person property. must be filed within
municipal trial court
Sec. 1 , Rule 70, deprived of the (b) Allegations that defendant one year:
COMPLAINT FOR of the municipality
(a) force; Rule of Civil possession of deprived the plaintiff of possession by (1) For forcible entry
FORCIBLE ENTRY or city wherein the
(b) intimidation; Procedure any land or force, intimidation, threat, strategy, or and detainer;
real property
(c) strategy; building stealth. (2) For defamation
involved, or a
(d) threats; or (c) Date when such deprivation (Article 1147, NCC).
portion thereof, is
(e) stealth occurred.
situated (Section 1,
Rule 4, Rules of
3. Attachments - Evidence of
Civil Procedure).
possession (e.g., lease contract,
receipts, affidavits)
SAMPLE:
NOTICE OF LIS PENDENS
AND
MOTION TO SERVE SUMMONS BY
PUBLICATION
LASTIMOZA, PRINCESS FAY
OVERVIEW
LIS PENDENS
IS A LATIN TERM WHICH LITERALLY MEANS A PENDING SUIT.
NOTICE OF LIS PENDENS IS FILED FOR THE PURPOSE OF WARNING ALL PERSONS THAT THE
TITLE TO CERTAIN PROPERTY IS IN LITIGATION AND THAT IF THEY PURCHASE THE SAME,
THEY ARE IN DANGER OF BEING BOUND BY AN ADVERSE JUDGMENT.
RULE 13 SECTION 19 OF THE RULES OF COURT AND RULE 76 OF PD 1529
NOTICE OF LIS PENDENS. — IN AN ACTION AFFECTING THE TITLE OR THE RIGHT OF
POSSESSION OF REAL PROPERTY, THE PLAINTIFF AND THE DEFENDANT, WHEN AFFIRMATIVE
RELIEF IS CLAIMED IN HIS ANSWER, MAY RECORD IN THE OFFICE OF THE REGISTRY OF
DEEDS OF THE PROVINCE IN WHICH THE PROPERTY IS SITUATED A NOTICE OF THE
PENDENCY OF THE ACTION.
UNDER
PLEADING/ PARTY WHO SIGNIFICATION
GROUNDS WHAT WHERE TO FILE PRESCRIPTION
MOTION FILED PORTION/ CONTENT
RULE
A notice of lis 1. ADDRESSED TO THE
pendens is proper REGISTRY OF DEEDS OF
COURT WHERE
in:
THE COMPLAINT THE CITY/MUNICIPALITY
IS PENDING WHERE THE THE
(1) an action to
recover possession COMPLAINT WAS FILED WITHIN
1ST LEVEL
of real estate; REASONABLE
COURTS
2. CONTAIN THE NAMES TIME AFTER
1. Actions involving
(2) an action to quiet FILING OF THE
Section 76 personal property OF THE PARTIES AND
title to real estate, or COMPLAINT
of PD 1529 valued at not more THE OBJECT OF THE
remove clouds upon
NOTICE OF the title thereof; and than P300,000.00 ACTION OR DEFENSE, ,
Section 19, Plaintiff Or or in MM,
LIS DESCRIPTION OF THE OF
Rule 13 of Defendant P400,000.00
PENDENS (3) an action for the Rules THE PROPERTY IN THAT
partition; and
of Court PROVINCE
2ND LEVEL
(4) other
COURTS 3. ANNEXES
proceedings of any
1. Actions involving
kind in court directly a. Certification
value of property
affecting the title to attesting to the
in controversy
land or the use or
exceeds pendency of the
occupation or
P300,000.00 or in subject case
possession thereof
MM, 400,000.00 b. Copy of filed
or the buildings
thereon. Complaint
SAMPLE:
OVERVIEW
MOTION TO SERVE
SUMMONS BY PUBLICATION
SERVICE OF SUMMONS BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION
IS ALLOWED WHEN THE DEFENDANT OR RESPONDENT IS DESIGNATED AS AN UNKNOWN
OWNER OR IF HIS OR HER WHEREABOUTS ARE "UNKNOWN AND CANNOT BE
ASCERTAINED BY DILIGENT INQUIRY." IT MAY ONLY BE EFFECTED AFTER
UNSUCCESSFUL ATTEMPTS TO SERVE THE SUMMONS PERSONALLY, AND AFTER
DILIGENT INQUIRY AS TO THE DEFENDANT’S OR RESPONDENT’S WHEREABOUTS
PARTY SIGNIFICATION
PLEADING/ UNDER WHERE
GROUNDS WHO PORTION/ PRESCRIPTION
MOTION WHAT RULE TO FILE
FILED CONTENT
Rule 14, Section 14
or when the
defendant is a
In any action where the
defendant is designated as an resident but his
unknown owner, or the like, or whereabouts are
whenever his or her
whereabouts are unknown and unknown, or when 1. Plaintiff must first
cannot be ascertained by the defendant is a
diligent inquiry, obtain leave of court
non-resident who is
(court permission) to
not found in the within ninety (90)
effect service of
Philippines. calendar days from the
summons by
commencement of the
publication
Extraterritorial Actions (Rule 14,
action, service may, by
Section 15 of the 1997 Rules, Court Mention - the Return
MOTION TO SERVE now Section 16 in the 2019 leave of court.
amendments): where of Summons
SUMMONS BY The action affects the Plaintiff
PUBLICATION personal status of the complaint 2. Mention - Diligent
plaintiff (e.g., actions for
declaration of nullity of
was filed Efforts of the
marriage, annulment of Petitioner to locate
marriage, or legal
separation, where the present address of the
defendant is outside the
Philippines);
Rule 14, Section Respondents
The action involves Section 14- 16 Rules 3. Prayer
property within the
Philippines in which the
of Court
defendant has or claims
an interest (real or
personal property), and
the defendant is outside
the Philippines; or
The property of the
defendant within the
Philippines has been
attached (e.g., quasi in
rem actions).
SAMPLE:
NOTICE OF LIS PENDENS AND
MOTION TO SERVE SUMMONS BY VIDEO REPORT
PUBLICATION
LASTIMOZA, PRINCESS FAY
MOTION TO ISSUE ALIAS SUMMONS
NABARTEY, HAZEL Z.
OVERVIEW
An Alias Summon is a legal document which is issued when the original
summon is returned without being served on any of the defendants. It is
identical in form and substance to the original summon since it is purely a
replacement of the unserved or invalid original summon. A motion to issue an
alias summon is typically filed to ensure due notice to the defendant.
Section 4, Rule 14 of the Rules of Civil Procedure provides that in case of loss
or destruction of summons, the court may upon motion, issue an alias
summon.
PARTY
PLEADING/ UNDER WHAT WHERE TO SIGNIFICANT
GROUNDS WHO PRESCRIPTION
MOTION RULE FILE PORTION/CONTENT
FILED
Caption
Non-service of summon due to:
Allegations containing the
Loss or Destruction of date of issuance of the
At a reasonable time
Original Summon At the Court original summon, reason of
Section 4, Rule non-service or defective after the loss or
MOTION TO ISSUE Original Summon was Plaintiff or that issued the
14, Rules of Civil service of issuance of destructin of orignal
ALIAS SUMMON improperly served or Counsel original summon
Procedure summon; depending on
returned unserved summon Prayer for issuance of Alias
Summon
the type of case filed
Discovery of a new address
Explanation (manner of
of the defendant service)
SAMPLE:
THANK
YOU
