Forms.
Section 784
SEC. 784. Forms. — The following forms may be used in civil courts in the Philippine Islands in actions and special proceedings, and shall, as near as circumstances will permit, be adopted and used and shall be sufficient in law; but alterations may be made and allowed by rules of court, and pleadings and process not in these forms, but in substantial compliance with the law, shall be sufficient. Form number one shall be changed to adapt it to the court in which it is to be used. 1. Form of general heading for all written pleadings in an action. United States of America, Philippine Islands. In the Court of First Instance for the Province of _______________ Between A. B. Plaintiff, and C. D., defendant. (Or, in the matter of ______________) (when the proceeding is not in an action) 2. Form of complaint to recover money lent. - The plaintiff says that: 1. On the ______ day of _____, 190___ at _______, he lent the defendant the sum of $_______- repayable on demand (or, on the _____ day of 190__) with interest on the same from the said ____ day of ____, 190__), until payment at the rate of ____ per centum per annum. 2. The defendant has not paid the said sum or any interest thereon or any part of the same (except as follows _______); 3. The plaintiff prays judgment for the said sum of $ ________, remaining unpaid, with interest from the said ______ day of _______, 190___, at the above rate, together with the costs of the action. 3. For money received to plaintiff's use. - The plaintiff says, that: 1. On or about the _____ day of ____, 190___, the defendant received $ ______, (or, a certain bank check or draft upon the bank of _______ amounting to $ _______) from one E. E., for the use the plaintiff; 2. The defendant has not paid (or delivered_ the same; 3. The plaintiff prays judgment for $ _____ with interest at ________ per cent from the ______ day of _____, 90___, together with the costs of the action. 4. For price o f goods sold by a factory. - The plaintiff says, that: 1. On the ____ day of _____, 190___, at ______, he delivered to the defendant (here state the goods delivered) for sale on commission; 2. On the _____ day of ______, 190____, (or, on some day unknown to the plaintiff before the _____ day of _____, 190___,) the defendant sold the said merchandise for $ _____ 3. The commission and expenses of the defendant thereon amounted to $ ________ 4. On the _____ day of _____, 190____, the plaintiff demanded from the defendant the proceeds of said merchandise, 5. The defendant has not paid the same. 6. The plaintiff prays judgment, for said sum of $ _____, with interest from said _____ day of _____, 190___, at the rate of six percent per annum, together with the costs of the action. 5. For goods sold at a fixed price and delivered. - The plaintiff says, that: 1. On the ____ day of ____, 190___, at _______ , he sold and delivered to the defendant (here describe the goods sold and delivered); 2. The defendant promised to pay $ _____ for said goods on delivery (or, state manner in which payment was to be made); 3. The defendant has not paid the same. 4. (Demand for judgment as in previous forms.) 6. For goods sold at a reasonable price and delivered. - The plaintiff says, that: 1. On the ____ day of ____, 190___, at _____, he sold and delivered to the defendant (here state the goods sold and delivered), but no express agreement was made as to the price. 2. The said goods were reasonably worth $ _______ 3. The defendant has not paid the same. 4. (Demand for judgment as in previous forms.) 7. For goods made at defendant's request and not accepted. - The plaintiff says, that: 1. On the ____ day of ____, 190____, at ______, the defendant agreed with the plaintiff that the plaintiff should make for the defendant (here describe the articles), and that the defendant should pay for the same upon delivery thereof $ ________; 2. The plaintiff made the said goods, and on the ___ day of ____, 19____, offered to deliver the same to the defendant, and has ever since been ready and willing so to do. 3. The defendant has not accepted the goods or paid for the same; 4. (Demand for judgment.) 8. For deficiency upon resale of goods sold at auction. - The plaintiff says, that: 1. On the ____ day of ____, 190____, at _______, the plaintiff put up the auction (sundry articles of merchandise) subject to the condition that all goods not paid for and removed by the purchaser thereof immediately after the sale should be resold by auction on his account, of which condition the defendant had notice; 2. The defendant purchased (describe the articles), at the said auction at the price of $ ______; 3. The plaintiff was ready and willing to deliver the same to the defendant on the said date of which the defendant has knowledge; 4. The defendant did not take away the said goods purchased by him nor pay therefor, at the time of said purchase nor since; 5. On the same day at the same place, the plaintiff resold the said goods on account of the defendant at public auction for $________; 6. The expenses attendant upon such resale amounted to $________; 7. The defendant has not paid the deficiency thus arising, amounting to $ _________; 8. (Demand for judgment.) 9. For services at a fixed price. - The plaintiff, says, that: 1. On the ____ day of ____, 190____, at ______, the defendant employed plaintiff as clerk at a salary of $ _____ per year (or otherwise employed hum, as the case may be); 2. From the said day until the ____ day of _____, 190____, the plaintiff served the defendant as clerk (or otherwise, as the case may be); 3. The defendant has not paid the said salary (except the sum of $_____); 4. (Demand for judgment.) 10. For rent reserved in lease. - The plaintiff says, that: 1. The plaintiff, by deed, let the defendant a piece of land (or certain buildings) for _____ years (or months or days, as the case may be), to hold from the ______ day of ____, 190_____, at $ _______ a year, payable quarterly (or upon other terms, as the case may be); 2. Of such rent _____ quarters are due and unpaid, amounting to $ _______; 3. (Demand for judgment.) 11. For use and occupation at a reasonable rent. - The plaintiff says, that: 1. The defendant used and occupied the (land or buildings, located at ______ ), belonging to the plaintiff from the ______ day of _____, 190_____, but no agreement was made as to amount of payment for the use of said premises; 2. The use of the said premises for the said period was reasonably worth $ _______; 3. Defendant has not paid the same; 4. (Demand for judgment.) 12. For carriage of goods. - The plaintiff says, that: 1. On the ____ day of ____, 190____, the plaintiff at the request of the defendant, carried in his ship (wagons, railroad cars, by hand, or otherwise, as the case may be) certain goods (stating them) from _____ to ______; 2. The defendant promised to pay the plaintiff the sum of $ _____ as freight thereon; 3. The defendant has not paid the plaintiff the sum of $ ______. 4. (Demand for judgment.) 13. Payee against maker of promissory note. - The plaintiff says, that: 1. On the ____ day of ____, 190____, at ______, the defendant, by his promissory note, now overdue, promised to pay to the plaintiff $ ______ on the ______ day of _____, 190____ (or _______ days after date); 2. The said note was in t he words and figures following: (here copy note); 3. The defendant has not paid the same (except $ _______on the ______ day of ______, 190_____). 4. (Demand for judgement.) 14. First endorsee against maker of note. - The plaintiff says, that: 1. On the _____ day of _____, 190_____. at ______, the defendant, by his promissory note, now overdue, promised to pay to the order of __________ $ ______ on the _____ day of _____, 190____ (or ______ days after date). 2. The said _________ endorsed the same to the plaintiff. 3. The said note and endorsements are in the words and figures following: (here copy); 4. The defendant has not paid the same; 5. (Demand for judgment.) 15. Subsequent endorsee against maker. - The plaintiff says, that: 1. On the ____ day of _____, 190_____, at ______, the defendant, by his promissory note, now overdue, promised to pay to the order of E. F. $_____ on the _____ day of _____, 190_____, (or, ______ days after date); 2. The same was by endorsement of the said E. F. (and others, if there were other endorsers) transferred to the plaintiff; 3. The said note and endorsements were in the words and figures following: (here copy); 4. The defendant has not paid the same; 5. (Demand for judgment.) 16. First endorsee against first endorser. - The plaintiff says, that: 1. On the ____ day of _____, at _____, E.F., by his promissory note, now overdue, promised to pay to the order of the defendant $ _______ on the ______ day of _____, 190____ (or, ______ days after date); 2. The defendant endorsed the same to the plaintiff; 3. The said note and endorsement were in the words and figures following : (here copy); 4. On the ____ day of _____, 190____, the same was duly presented for payment, but was not paid (or, state facts excusing want of presentment); 5. The defendant had due notice thereof; 6. The defendant has not paid the same; 7. (Demand for judgment.) 17. Subsequent endorsee against maker, first and second endorser. - The plaintiff says, that: 1. On the _____ day of _____, 190_____, at _______, the defendant, C. D., by his promissory note, now overdue, promised to pay to the order of the defendant, E. F., $ _____ on the _______ day of ______, 190______, (or, ________ days after date); 2. The said promissory note and the endorsements thereon were in the words and figures following: (here copy); 4. On the ______ day of _____, 190_____, the same was presented (or, state facts excusing want of presentment) to the said C. D. For payment, but was not paid; 5. The said E. F. And G. H. Had due notice thereof; 6. The defendants, or either of them, have not paid the same; 7. (Demand for judgment.) 18. On a marine insurance policy on a vessel lost by the perils of the sea. - The plaintiff says, that: 1. The plaintiff was the owner of (or, had an interest in) the ship ______ at the time of its loss as hereinafter mentioned; 2. On the _____ day of _____, 190_____, the defendant, in consideration of $ _____ to him paid (or, which the plaintiff then promised to pay) executed to him a policy of insurance upon said ship, whereby he promised to pay the plaintiff _______ days after the proof of loss and interest, all loss and damage accruing to him by reason of the destruction or injury of the said ship during its next voyage from ________ to ________, whether by perils of the sea or by fire or by other causes therein mentioned, not exceeding $ ________; 3. The said vessel, while proceeding on the voyage mentioned in the said policy, was on or about the ______ day of ______, 190_____, totally lost by the perils of the sea (or otherwise); 4. The plaintiff’s loss thereby was $_______; 5. The plaintiff duly performed all the conditions of the said policy on his part; 6. The defendant has not paid the said loss; 7. (Demand for judgment.) 19. Action on a fire insurance policy. - The plaintiff says, that: 1. The plaintiff was the owner of (or, had an interest in) a dwelling house (or other building) known as No. __________, ________ street in the city of _______, at the time of its destruction (or injury) by fire, as hereinafter mentioned; 2. On the ______ day of _____, 190_____, at ______, in consideration of $ ______ paid to it (or, promised to be paid to it) the defendant executed to the plaintiff a policy of insurance on said premises for the amount of $ _________; 3. On the _____ day of _____, 190____, the said (dwelling house or other building) was totally destroyed (or greatly damaged) by fire; 4. The plaintiff’s loss thereby was $________; 5. The plaintiff has duly performed all the conditions of said policy on his part; 6. The defendant has not paid the said loss; 7. (Demand for judgment.) 20. For breach of agreement to convey land. - The plaintiff says, that: 1. On the ____ day of _____, 190_____, at ______, the plaintiff and defendant entered into an agreement, in writing, under their hands (here state the terms of agreement); 2. On the _____ day of _____, 190_____, (the date mentioned in the agreement, if any), the plaintiff demanded the conveyance of the said property from the defendant and tendered the said sum of $ __________ to the defendant, and all conditions were fulfilled, and all things happened and that the time elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part; 3. The defendant has not executed any conveyance of the said property to the plaintiff; 4. (Here state damages, ordinary and special.) 5. The plaintiff prays judgment for $_______, compensation for breach of said agreement, together with the costs of the action. 21. For breach of contract to serve. - The plaintiff says that: 1. On the ______ day of ______, 190______, at ______, the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at (an annual or other) compensation of $_____, and that the defendant should serve the plaintiff (as clerk or otherwise), for the term of __________; 2. The plaintiff has always been ready and willing to perform his part of the said agreement, and on the _____ day of ______, 190_______, offered to do so; 3. The defendant entered upon the service of the plaintiff on the above-mentioned day, but afterwards, on the ________ day of _______, 190______, without just cause, refused longer to serve the plaintiff aforesaid; 4. (Here state damages, ordinary or special); 5. (Demand for judgment.) 22. For breach of warranty of chattels. - The plaintiff says, that: 1. On the ______ of ______, 190_____, at _______, the defendant warranted to the plaintiff (a steam engine, or other chattel), to be in good working order, and thereby induced the plaintiff to purchase the same of him, and to pay him (or to promise to pay him) $_______ therefor; 2. The said (steam engine or other chattel) was not then in good working order, whereby the plaintiff incurred expense in having the same (engine) repaired, and lost the profit which would otherwise have accrued to him while the (engine) was under repair; 3. The expense incurred in such repair was $ ______, and the loss of profit which would otherwise have accrued to him while the engine was under repair was $_______; 4. (Demand for judgment.) 23. Trespass on land. - The plaintiff says, that: 1. On the ____ day of _____, 190_____, the defendant entered upon certain land of the plaintiff, known as (insert brief description of the premises) and depastured the same with cattle, trod down the grass, cut the timber, and otherwise injured the same; 2. The damages sustained by the plaintiff by reason thereof amount to $______; 3. (Demand for judgment). 24. For the conversion of chattels. - The plaintiff says that: 1. On the ____ day of _____, 190_____, at ______, the plaintiff was in possession of certain goods (described in the schedule hereto annexed), (or, say, was in possession of one hundred barrels of flour, for instance), of the value of $_______; 2. On that day, at ______ the defendant converted the same to his own use and wrongfully deprived the plaintiff of the possession of the same; 3. (Demand for judgment.) 25. For damages and an injunction for carrying on a noxious manufactory. - The plaintiff says that: 1. The plaintiff is, and for ______ years has been, possessed of certain lands called ______ situated at _________; 2. Continually since the _______ day of _____, 190_____, the defendant has wrongfully caused to issue from certain smelting works owned by the defendant large quantities of offensive and unwholesome smoke and other vapors and noxious matter, which spread themselves over and upon the said lands, and corrupt the air and settle on the surface of the said lands, and still continues to do so; 3. Thereby the trees, hedges, herbage, and crops of the plaintiff, growing on the said lands, were damaged and deteriorated in value, and the cattle and live stock of the plaintiff on said lands became unhealthy and divers of them were poisoned and died; 4. By reason of the facts aforesaid, the plaintiff was unable to depasture the said lands with cattle and sheep, as he otherwise might have done, and was obliged to remove his cattle, sheep, and farming stock, therefrom, and has been prevented from having so beneficial and healthy a use and occupation of the said lands as he otherwise would have had; 5. The damages sustained by the plaintiff by reason of the said wrongful acts of the defendant amount to $_________ 6. The plaintiff prays judgment for the said sums of $ ______ damages, and that a final injunction may issue restraining the defendant from a continuance of said wrongful acts, or any of them, and for the costs of the action. 26. For assault and battery, with special damage. - The plaintiff says that: 1. On the day ______ of ______, 190_____, at _________, the defendant assaulted and beat the plaintiff; 2. The plaintiff was thereby disabled from attending to his business (for a period stated), and was compelled to pay $ ______ for medical attendance and nursing, and has been ever since disabled from using his right arm (or otherwise state the damage, as the case may be); 3. By reason of the premises the plaintiff sustained damage to the amount of $ ______ in all; 4. (Demand for judgment.) 27. For libel. - The plaintiff says that: 1. The plaintiff is and was on and before the ______ day of ______, 190______, a merchant doing business in the city of _______; 2. On the ______ day of ______, 190_____, at ________, the defendant published in a certain newspaper called _________ (or otherwise show how published), the following words concerning the plaintiff (here insert the words of the publication); 3. The defendant meant thereby and in said publication charged that the plaintiff had been guilty of (here insert the meaning of the charge); 4. The said publication was false and malicious; 5. By reason of such false and malicious publication, the plaintiff was injured to the amount of $_______; 6. (Demand for judgment.) 28. To recover possession of land, and for damages. - The plaintiff says that: 1. The defendant on the _____ day of _____, 190______, unlawfully took possession of certain land (or building) belonging to the plaintiff, being (here describe the premise); 2. The defendant has retained possession of the said land from the said _____ day of _____ and still retains possession thereof, and withholds the same from the plaintiff; 3. The plaintiff has sustained damages to the amount of $ ______ in loss of profits and otherwise from the unlawful retention of said premises by the defendant; 4. The plaintiff prays judgment for the possession of said land, and for said sum of $______ damages and profits, and for costs of the action. 29. For movable property wrongfully taken. - The plaintiff says that: 1. On the _____ day of _____, 190_____, at __________, the plaintiff owned (here state fact showing the right to the possession) the goods mentioned in the schedule hereto annexed (or describe the goods), the value of which is $_________; 2. From that day until the commencement of this action the defendant has detained the same from the plaintiff; 3. Before the commencement of this action, to wit, on the ______ day of ______, 190_____, at _______, the plaintiff demanded the same of the defendant, but he wrongfully refused to deliver them; 4. The plaintiff prays judgment for the possession can not be had, and for $ _______ damages for the detention thereof, and for costs of the action. 30. For specific performance. - The plaintiff says that: 1. On the _______ day of _______, 190_____, the defendant was absolutely entitled to the parcel of land described in the agreement hereto annexed; 2. On the same day the plaintiff and defendant entered into an agreement under their hands, a copy of which is hereto annexed; 3. On the ______ day of ______, 190_____, at ______, the plaintiff tendered $_______ to the defendant and demanded a conveyance of said property; 4. The defendant then and there refused to convey the same to the plaintiff; 5. The defendant has not executed such conveyance; 6. The plaintiff is still ready and willing to pay the purchase money for the said property to the defendant; 7. The plaintiff prays judgment that the defendant be ordered to execute to the plaintiff a conveyance of said property in accordance with the terms of said agreement, and damages to the amount of $______ for withholding the same, and for costs of the action. 31. Answer, general denial. — The defendant denies each and every allegation in each and every paragraph of the plaintiff's complaint. 32. More specific answer. — For answer to the plaintiff's complaint the defendant says that: 1. He admits (or denies) the first paragraph; 2. He admits (or denies) the second paragraph, and so forth. 33. Answer of duress to action on promissory note. — For answer to the plaintiff's complaint the defendant says that: 1. He admits each paragraph thereof; 2. For special defense the defendant says that the promissory note sued on was extorted from the defendant by threats of bodily harm (or during imprisonment brought about by the plaintiff for that purpose) and was executed by the defendant under fear of the same (or from fear while in prison). (In either case state particulars); 3. Said note was executed by the defendant without any consideration therefor. 34. Accord and satisfaction. — For answer to the plaintiff's complaint the defendant says that: 1. He admits each paragraph of the complaint; 2. For special defense the plaintiff says: a. That on the _____________ day of ______________ 190 , at ___________ the defendant delivered to the plaintiff the promissory note of (_______________); b. That the plaintiff then and there accepted the same in full satisfaction and discharge of the claim set up in his complaint. 35. Statute of Limitations. — For answer to the plaintiff's complaint the defendant says that: 1. He admits each paragraph of the complaint; 2. For special defense the defendant says that the cause of action set forth in plaintiff's complaint did not accrue within ______________ years before the filing of the said complaint. 36. Demurrer Stating Grounds Therefor. — The defendant demurs to the complaint; and he shows the following causes for demurrer, to wit: 1st. 2d. 3d. (Setting out each cause separately.) 37. Demurrer to answer. — The plaintiff demurs to the answer (or to the answer of defendant ___________________), and he shows the following causes for demurrer, to wit: 38. Subpoena. — To _____________ of _______________ greeting: You are hereby commanded to be and appear at (the Court of First Instance) in and for the Province of _________________ on the _____________ day of ______________ 190 _____, at _____________ o'clock in the forenoon (or afternoon) then and there to testify in the action of _______________ against ________________ there pending. Fail not, under penalty of law. Witness the Honorable ____________, judge of said court this _______ day of _____ 190 ________________ Clerk. 39. Subpoena duces tecum. — To _________________ of ______________, greeting: You are hereby required to appear before the (Court of First Instance) in and for the Province of _______________ (or other court, as the case may be), on the __________ day of ___________ 190____ at _____ o'clock in the forenoon (or afternoon) and to bring with you into the court the following described (book, deed, writing, or other document); it being necessary to use the same as testimony in a cause there pending, wherein _____________ is plaintiff and ___________ is defendant. Hereof fail not, under penalty of law. Witness the Honorable _________________ judge of said court, this ____________ day of ______, 190. ________________ Clerk. 40. Summons. — To ______________, of __________, in the Province of ______________: You are hereby required to enter your appearance in the clerk's office of the above named court at _________________ in the said Province of ___________________ within twenty days after the service of this summons upon you, exclusive of the day of such service, if it is served on you in the said Province of ___________________ otherwise within forty days; and to answer the complaint of the said plaintiff which is hereto attached and herewith served upon you, within the time fixed by the rules of said court. If you fail to appear within the time aforesaid, the plaintiff will take judgment against you by default and demand from the said court the relief applied for in said complaint. Witness the Honorable ________________, judge of said court this ____________ day of ___________, 190 ___. _________________ Clerk. 41. Officer's Return of Service. — United States of America, Philippine Islands, Province of _________________. I have this day served a copy of the within complaint and process upon _____________ personally (or state the other manner of service employed). Dated this ____________ day of ______ 190 ___ Governor (or sheriff or deputy governor). 42. Order of attachment of property. — United States of America, Philippine Islands, Province of _______________________. To the governor or sheriff, or any of his deputies of the Province of _______________ greeting: Whereas ______________, of ___________ (or ___________________ as agent or attorney, of _____________________ for the plaintiff) has complained on oath to ________________ one of the judges of the Supreme Court (or judge of the Court of First Instance of the province, as the case may be), that _________________ of _______________, is justly indebted to the said _______________ (plaintiff), in the amount of $ ___________ and that said _____________ (defendant) is a non resident (or is about to abscond from the Islands, and so forth), (reciting the affidavit), and whereas security has been given by the plaintiff according to law; we, therefore, command you, that you attach the estate, real and personal, of the said _____________ defendant in your province, to the value of the said demands and costs of suit, and that you safely keep the same according to law, unless the defendant gives security to pay such judgment as may be recovered in the said action, in the manner provided by law, and that you summon the said _____________ defendant, if to be found in your province, to appear before the Court of First Instance (or other court) of the said province, on the _________ day of __________ to answer the above complaint, a copy of which is hereto annexed, and do you have there in said court then this writ with your proceedings endorsed thereon. Witness my hand this __________ day of ______, 190. ______________ Judge. An order for arrest of the person of the defendant may be in the same form, with the necessary modifications. 43. Ordinary execution. — United States of America, Philippine Islands, Province of ______________. To the governor (or sheriff) of said province, and their lawful deputies, greeting: We command you that of the goods and chattels of ___________ (the defendant) you cause to be made the sum of $ ________ damages, together with interest thereon from the date of this execution until the date of payment, at the rate of six per cent per annum; and the further sum of $ ____________ for costs of suit, together with your lawful fees for the service of this execution, all in money of the United States (or insular currency, as the case may be), which ____________ the plaintiff, recovered in our Court of First Instance for the said province on the __________ day of _________ 190 ______, against __________ (the defendant) for damages, interest, and costs, and that you render the same to the said _______________ (the plaintiff), aside from your own fees on this execution, and do you likewise return this writ into court within ____________ days from date, with your proceedings endorsed hereon. But, if sufficient personal property can not be found whereof to satisfy this execution and lawful fees thereon, then we command you of the lands and buildings of the said defendant, to make the said sums of money in the manner required by law, and to make return of your proceedings with this writ within ____________ days from date. Witness the Honorable _______________ judge of said court, this ___________ day of __________, 190 _____. ___________ Clerk. FEES