Motion to Withdraw Appearance with Conformity

MOTION TO WITHDRAW

COMES NOW the undersigned counsel for the Defendant, unto this Honorable Court, most respectfully states that due to professional and personal reasons, undersigned respectfully requests that he be allowed by this Honorable Court to withdraw his appearance in this case as counsel for the Defendant.

Henceforth, undersigned respectfully prays that future notices/processes of this Honorable Court and pleadings/motions/correspondence from the prosecution in this case be sent directly to the Defendant or to any counsel who may subsequently enter his appearance for the Defendant.

PRAYER

WHEREFORE, premises considered, undersigned counsel respectfully prays that he be allowed to withdraw his appearance in the above-captioned case and that future notices/processes of this Honorable Court and pleadings/motions/correspondence from the prosecution in this case be sent directly to the Defendant or to any counsel who may subsequently enter his appearance for the Defendant and that undersigned be relieved of all his responsibilities relative to this case.

Other reliefs just and equitable under the premises are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

With my conformity:

DEFENDANT

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

Motion to Withdraw Appearance as Counsel for Cause

MOTION TO WITHDRAW

COMES NOW, the undersigned counsel, unto the Honorable Court, most respectfully states:

1.That the undersigned counsel has already terminated his attorney-client relationship with the Defendant _____________, particularly because of the latter’s deliberate failure to pay the fees for the undersigned’s legal services despite repeated requests for payment and repeated promises to pay, in violation of the Defendant’s Retainer Contract with the undersigned counsel;

2.That the statement of accounts of the undersigned counsel merely fell on deaf ears and not a single centavo was paid to this date by the said Defendant contrary to all its representations;

3.That the undersigned counsel’s previous request for said Defendant to give consent and conformity to the undersigned counsel’s Motion for Withdrawal was never acted upon to this date;

4.That in view of the foregoing reasons, the undersigned counsel could no longer adequately fulfill his obligations as legal counsel for the said Defendant;

5.That Rule 22.01 par. (f) of the Code of Professional Responsibility states that a lawyer may withdraw his services when the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;

6.That there is a need to protect the members of the legal profession from clients who take advantages of their professional services. In fact, the Honorable Supreme Court had the occasion to state that:

“Counsel, any counsel, if worthy of his hire, is entitled to be fully recompensed for his services. With his capital consisting solely of his brains and with his skill, acquired at tremendous cost not only in money but in the expenditure of time and energy, he is entitled to the protection of any judicial tribunal against any attempt on the part of the client to escape payment of his fees. It is indeed ironic if after putting forth the best that is in him to secure justice for the party he represents, he himself would not get his due. Such an eventuality this Court is determined to avoid. It views with disapproval any and every effort of those benefited by counsel’s services to deprive him of his hard-earned honorarium. Such an attitude deserves condemnation.”(Albano vs. Coloma, 21 SCRA 411).

7.As such, undersigned most respectfully requests that he be allowed by this Honorable Court to withdraw his appearance in this case as Counsel for the Defendant _____________ without the latter’s express conformity.

PRAYER

WHEREFORE, premises considered, undersigned counsel most respectfully prays that he be allowed to withdraw his appearance in this case as counsel for the Defendant _____________, dispensing with the latter’s express conformity, and that he be relieved of all his responsibilities relative to this case.

Other reliefs just and equitable under the premises are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

Motion to Set Case for Pre Trial

EX PARTE MOTION TO SET CASE FOR PRE-TRIAL

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

1. On _____________, undersigned received a copy of defendant’s Answer in this case;

2. Considering that a Reply to the said Answer is no longer necessary due to the fact that said Answer does not raise any new or substantial issue, or raise issues which should more properly be addressed during the trial proper, the said Answer is therefore the last pleading contemplated by the Rules of Court;

3. As such, undersigned respectfully requests that the instant case be immediately set for pre-trial.

WHEREFORE, it is respectfully prayed that the instant case be immediately set for pre-trial, pursuant to Rule 18 of the Rules of Court.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

Motion for Intervention

MOTION FOR INTERVENTION

COMES NOW the Intervenor, by the undersigned counsel, and unto this Honorable Court, most respectfully requests for leave to intervene in the above-captioned case, for the following reasons:

That the Intervenor is a purchaser of some of the subdivided portions of Lot No. _______, the subject matter of the above-captioned case;

That the Intervenor has a legal interest in the matter in litigation, or in the success of the complainant, or is so situated as to be adversely affected by a distribution or other disposition of the parcel of land, subject matter of the above-captioned case;

That this intervention will not, in the least, unduly delay or prejudice the adjudication of the rights of the original parties in the case;

That the Intervenor’s rights can be fully protected in this proceeding rather than by filing a separate proceeding.

PRAYER

WHEREFORE, it is most respectfully prayed that the said _____________ be allowed to intervene in this action by filing a Complaint in Intervention, a copy of which is attached to this motion.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

(Attach a Complaint / Answer in Intervention, as the case may be)

Motion for Extension of Time to Submit Counter Affidavit

MOTION FOR EXTENSION OF TIME

Respondent, by the undersigned counsel, and unto this Honorable Office of the City Prosecutor, most respectfully states that:

1. Respondent engaged the services of undersigned counsel only on _____________;

2. Respondent received the subpoena on _____________ and thus has until _____________ within which to submit his counter-affidavit;

3. However, due to the pressures of equally urgent professional work and prior commitments, the undersigned counsel will not be able to meet the said deadline;

4. As such, undersigned counsel is constrained to request for an additional period of _____________ from today within which to submit Respondent’s counter-affidavit and other supporting evidence. Moreover, this additional time will also allow the undersigned to interview the available witness and study this case;

5. This Motion is not intended for delay but solely due to the foregoing reasons.

P R A Y E R

WHEREFORE, Respondent most respectfully prays of this Honorable City Prosecutor of _____________ that he be given an additional period of _____________ from today within which to submit his counter-affidavit and other documentary evidence.

MOST RESPECTFULLY SUBMITTED.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

Motion for Extension of Time to File Answer Responsive Pleading

MOTION FOR EXTENSION OF TIME

DEFENDANT, by the undersigned counsel, and unto this Honorable Court, most respectfully states that:

1. Defendant engaged the services of undersigned counsel only on _____________;

2. Defendant was served with Summons and copy of the Complaint on _____________ and thus has until _____________ within which to submit an Answer or Responsive Pleading;

3. However, due to the pressures of equally urgent professional work and prior commitments, the undersigned counsel will not be able to meet the said deadline;

4. As such, undersigned counsel is constrained to request for an additional period of _____________ from today within which to submit Defendant‘s Answer or Responsive Pleading. Moreover, this additional time will also allow the undersigned to interview the available witness and study this case further;

5. This Motion is not intended for delay but solely due to the foregoing reasons.

P R A Y E R

WHEREFORE, Defendant most respectfully prays of this Honorable Court that he be given an additional period of _____________ from today within which to submit an Answer or other Responsive Pleading.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

Motion for Execution of Judgment

MOTION for execution

COMES NOW Plaintiff, by counsel and unto this Honorable Court, most respectfully states:

That on _____________, the Honorable Court rendered decision on the above-captioned case, ordering as follows:

(State the Dispositive Portion of the Judgment)

That inquiry into the records of this case with this Honorable Court shows that no appeal has been taken from the said decision after it has been rendered by the Honorable Court;

That the reglementary period for appeal has already expired, and said decision is now final, unappeasable and executory.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that a Writ of Execution be issued in the above-captioned ordering _____________.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

Motion to Dismiss

MOTION TO DISMISS

COMES NOW the Respondent, _____________ Inc., through the undersigned counsel, appearing especially and solely for this purpose, and to this Honorable Court, most respectfully moves for the dismissal of the Complaint on the following ground that THE HONORABLE COURT HAS NOT ACQUIRED JURISDICTION OVER THE PERSON OF THE DEFENDING PARTY.

DISCUSSION

A cursory reading of the Summons and Return of Service would readily show that the copies of the Summons dated 08 May 2001 and the Complaint and its corresponding annexes were allegedly delivered and tendered upon the Movant _____________ INC. through a certain Maria Clara alleged to be the authorized personnel of Movant _____________ INC., Bacolod City on 29 August 2001. Copies of the said Summons and Return of Service that form part of the records on the case are hereto pleaded as integral part of this Motion;

Said service of Summons, however, constitutes an improper service of summons amounting to lack of jurisdiction over the person of the herein Movant Corporation _____________ INC. since the summons was improperly served upon a person who is not one of those persons named or enumerated in Section 11, Rule 14 of the 1997 Rules of Civil Procedure upon whom service of summons shall be made;

The material provision on the service of summons provided for in Section 11 of Rule 14 of the 1997 Rules of Civil Procedure reads as follows:

“Section 11. Service upon domestic private juridical entity.- When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel” (underscoring ours)

It bears no further emphasis that the service of the summons was done on a person who is not included in the exclusive enumeration provided for under the said Section, as service was done only on an alleged authorized personnel of the Movant Corporation;

This new revision of the Rules of Court for the service of summon is a clear departure from the old rule as stated in Section 13, Rule 14 of the Rules of Court which provided that:

“SECTION 13.Service upon private domestic corporation or partnership. – If the defendant is a corporation organized under the laws of the Philippines or a partnership duly registered, service may be made on the president, manager, secretary, cashier, agent, or any of its directors.”

It must be equally noted that the changes in the new rules are substantial and not just general semantics as the new rules restricted the service of summons on persons clearly enumerated therein. In effect, the new provision makes it more specific and clear such that in the case of the word “manager”, it was made more precise and changed to “general manager”, “secretary” to “corporate secretary”, and excluding therefrom agent and director;

The designation of persons or officers who are authorized to accept summons for a domestic corporation or partnership is under the new rules, limited and more clearly specified, departure from which is fatal to the validity of the service of the summons and resulting in the failure of the court to acquire jurisdiction over the person of the respondent corporation.

PRAYER

WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant Corporation be dismissed for lack of jurisdiction over the person of the defendant.

Other reliefs just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

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.

P R A Y E R

WHEREFORE, 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.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

Motion for Bill of Particulars

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