MOTIONS (NOTE: All motions must be addressed to the other/adverse party; it must contain a notice of hearing and proof

of service or an explanation why personal service was not resorted to. MOTION TO INTERVENE COMES NOW X, by his under signed counsel, to this Honorable Court respectfully prays that he be permitted to intervene in this case as a party plaintiff (or as a party defendant) on the ground that he has legal interest in the matter under litigation, and that he may be adversely affected in these proceedings as shown in the attached Complaint-in-Intervention (or answer in intervention). WHEREFORE, it is respectfully prayed that X be allowed to intervene as party plaintiff (or defendant) and the attached complaint be admitted and served on the defendant (or answer be admitted and X be allowed to serve copy of the same to the Plaintiff).

1. 2. 3.

Lack of jurisdiction Prescription Facts alleged do not constitute an offense, etc. ARGUMENTS

( here set forth the reasons in support of the motion to quash) WHEREFORE, it is respectfully prayed information filed against the accused be dismissed. ( notice of hearing) MOTION TO DISMISS that the

NOW COMES Defendant, by his undersigned attorney, to this Honorable Court and respectfully moves that the complaint be dismissed on the following grounds: ( here mention one or more grounds provided for in Rule 16, Rules of Court) 1. Lack of Jurisdiction; 2. Payment; 3. Novation; 4. Prescription; 5. Lack of capacity. ARGUMENTS ( here set forth the reasons in support of the grounds mentioned) WHEREFORE, it is respectfully prayed that the complaint be dismissed. (With Notice Explanation) of Hearing, Proof of Service and

Atty. Y Counsel for X (With Notice of Hearing, Proof of Service and Explanation) MOTION TO QUASH COMES NOW X, accused in the above titled case, through his undersigned attorney and respectfully moves to quash the information filed against him on the ground that:

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Jonna Maye S. Canindo

LLB-A

Motions

MOTION FOR NEW TRIAL NOW COMES Defendant (or plaintiff) by his undersigned attorney to this Honorable Court and respectfully moves that the decision of this Honorable Court dated March 1, 1987 and received on March 7, 1988 be set aside and new trial be granted on the following grounds: (here give the grounds provided for in Rule 37, Rules of Court; such as fraud, accident, mistake, or newly discovered evidence or excessive damages awarded) ARGUMENTS (here se forth the reasons in support of the ground/s mentioned) WHEREFORE, it is respectfully prayed that the decision of this Honorable Court be set aside and new trial be granted. (With Notice of Hearing, Proof of Service and Explanation)

That in the substitution thereof, Atty. BFG whose services have been engaged by defendant hereby enters his appearance as counsel for defendant; That upon approval of this Honorable Court, all pleadings, notices, and papers in connection with this case be addressed to new counsel BFG with address at No. 7 Sta. Catalina, Sampaloc, Manila. With my consent: ___________________________ BFG New counsel _____________ ___________ Address P.T.R. No.______ Date & Place of Issue______ IBP O.R. No._____ Date & Place of Issue_____

MOTION TO WITHDRAW WITH SUBSTITUTION OF COUNSEL (copy furnished: adverse counsel) COMES NOW, JRC, Counsel on record for the defendant and to this Honorable Court respectfully moves to withdraw as counsel of said defendant with the express consent of said defendant as shown in this motion; (Proof of Service and Explanation)

MOTION FOR POSTPONEMENT OF HEARING

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Jonna Maye S. Canindo

LLB-A

Motions

COMES NOW Defendant through undersigned counsel unto this Honorable Court respectfully states: 2. That the above entitled case is set for hearing on July 7, 1988; That counsel for defendant is afflicted with influenza and is now under the medical care of Dr. PTB. A copy of the physicians certificate under is hereto attached. WHEREFORE, it is respectfully prayed that the hearing set on July 7, 1988 be reset to another day preferably on the first week of August 1988 or at the convenience of this Honorable Court. Manila, Philippines, July 2, 1988.

note and merely interposed defense that he was asking for time within which to pay the obligation. That said answer does not tender any issue and in fact it can be read therefrom that defendant admitted his obligation. this

WHEREFORE, it is respectfully prayed that Honorable Court render judgement on the pleadings. Manila, Philippines, July 5, 1988.

XYZ Counsel for Plaintiff (With Notice of Hearing, Proof of Service and Explanation)

MOTION FOR EXECUTION OF JUDGMENT Sgd. ALC Counsel for defendant (Notice of Hearing) (Proof of Service and Explanation) COMES NOW, the Plaintiff through undersigned counsel and to this Honorable Court respectfully alleged: 1. 2. 3. That judgment was rendered by this Honorable Court in favor of the plaintiff on June 1, 1988. That said judgment was duly received by the defendant on June 5, 1988 as shown in the registry return card; 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.

MOTION FOR JUDGMENT ON THE PLEADINGS 4. COMES NOW, the Plaintiff through the undersigned counsel and to this Honorable Court respectfully alleged: 1. That in the answer of defendant filed on July 1, 1988 be admitted having signed the promissory

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Jonna Maye S. Canindo

LLB-A

Motions

WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court for a writ of execution of said judgment.

Manila, Philippines. July 5, 1988.

XYZ Counsel for Plaintiff (With Notice of Hearing, Proof of Service and Explanation)

NOTICE OF HEARING IN EX-PARTE AND NON-LITIGOUS MOTION

The Branch Clerk of court RegionalTrial Court National Capital Judicial Region Branch______, Makati, Metro Manila GREETINGS: Considering the urgency and non-litigious nature of the above motion, please submit the same forthwith upon receipt for the consideration and approval of the Honorable Court.

_______________________ (Counsel for the Defendant)

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Jonna Maye S. Canindo

LLB-A

Motions