Sample Pleading 4534m

Republic of the Philippines SUPREME COURT Manila ______________________, Plaintiff-Appellant, G.R. No. _____________ - versus (Designation of the Pleading) ______________________, Defendant-Appellee, x-----------------x PETITION COMES NOW the Petitioner, by the undersigned attorney, and unto this Honorable Court, respectfully avers: 1. That petitioner _____________ is of legal age, married and a resident of _____________, Philippines, while respondent is also of legal age and may be served with summons, writs and all orders of the Honorable Court at his office address at _____________, Philippines; 2. That the petitioner, _____________, in whose behalf this application is being made, is actually restrained of his liberty by the respondent _____________ who is the Chief of Police of _____________ at the _____________ Police Station; 3. That sometime in the morning of _____________, petitioner was taken into custody by the said respondent without a warrant of arrest and detained at the _____________ Police Station without any criminal charges being filed against him before the proper judicial authorities despite the lapse of ________ (______). Moreover, petitioner was taken by the respondent not under any of the circumstances where a warrantless arrest is allowed by the law or the Rules of Court;

4. That such restraint of liberty of the petitioner by the respondent is therefore without any legal authority; 5. That the petitioner through counsel has exhausted all efforts available at law but to no avail, and that he has no other plain, speedy, and adequate remedy to protect his personal rights and secure his personal liberty except by his application for a Writ of Habeas Corpus. PRAYER WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus be issued by this Honorable Court, directed to the respondent _____________ commanding the latter to produce the body of _____________ before this Court at the time and place therein specified, and to summon the respondent _____________ then and there to appear and to show cause of the detention of said _____________; and that after due proceedings, the said _____________ be restored of his liberty and forthwith discharged from confinement . _____________, Philippines, __Date__.

(COUNSEL) VERIFICATION AND CERTIFICATION REPUBLIC OF THE PHILIPPINES) Province of ____________________) S.S. City/Municipality of _____________) x-----------------------x I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines, after being sworn in accordance with law, hereby depose and say:

That I am the (Plaintiff / Complainant / Petitioner) in the above-entitled case; That I have caused the preparation of the above (Complaint / Petition) and I have read the same and knows the contents thereof; That the allegations contained therein are true and correct of my own personal knowledge. That I further certify that: (a) I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________, Philippines. AFFIANT SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who exhibited to me (his/her) Community Tax Certificate No. _____________ issued at _____________, Philippines on _____________.

NOTARY PUBLIC Doc. No. ______; Page No. ______; Book No. ______; Series of ______;