Category: FORMS


CASE 2020-0012: MERIAM M. URMAZA VS. HON. REGIONAL PROCESUTOR NANNATUS CAESAR R. ROJA/HON. ASSISTANT PROVINCIAL PROSECUTOR JUDYLITO V. ULANDAY AND RAMON TORRES DOMINGO (G.R. NO. 240012. JANUARY 22, 2020) (SUBJECT/S: PROCEDURE IN APPEALING RESOLUTIONS OF THE PROVINCIAL AND CITY PROSECUTORS; ORAL DEFAMATION; INTRIGUING AGAINST HONOR) (BRIEF TITLE: URMANZA VS REGIONAL PROSECUTOR ROJA ET AL)

 

DISPOSITIVE:

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER FILED AT THE PROVINCIAL PROSECUTOR’S OFFICE A CASE FOR ORAL DEFAMATION AND INTRIGUING AGAINST HONOR. THE PROSECUTOR DISMISSED THE CASES  FOR INSUFFICIENCY OF EVIDENCE. PETITIONER FILED AN APPEAL WITH THE OFFICE OF THE REGIONAL PROSECUTOR WHO ALSO DISMISSED THE APPEAL. PETITIONER THEN FILED PETITION FOR CERTIORARI AT CA. CA DISMISSED PETITION FOR BEING FILED INCORRECTLY AT CA. IT SHOULD HAVE BEEN FILED AT DOJ. SUPREME COURT AFFIRMED RULING OF CA BUT STILL RULED ON THE MERITS. ACCORDING TO THE SUPREME COURT THERE WAS INSUFFICIENT EVIDENCE.

 

WHAT IS THE APPEAL PROCEDURE FROM RESOLUTION OF THE PROVINCIAL PROSECUTOR OR CITY PROSECUTOR?

 

PROCEDURE 1

PROCEDURE 2

 

WAS CA CORRECT IN DISMISSING THE PETITION?

 

CA COULD HAVE GIVEN  THE PETITION DUE COURSE BECAUSE THE RESOLUTION OF THE REGIONAL PROSECUTOR IS FINAL, MEANING THE DISPUTE  CAN NOW BE RAISED  IN COURT. BUT PETITION DID NOT STATE THE DATE WHEN SHE RECEIVED COPY OF THE RESOLUTION DENYING HER MOTION FOR RECON. THUS, THE PETITION WAS STILL DEFECTIVE AND COULD BE DISMISSED. YET THE SUPREME COURT PROCEEDED TO RULE ON THE MERITS.

  

WHAT IS ORAL DEFAMATION AND INTRIGUING AGAINST HONOR?

 

ORAL 1

ORAL 2

 WAS THERE SUFFICIENT EVIDENCE (CONSTITUTING PROBABLE CAUSE) TO INDICT RESPONDENT IN THE CRIMINAL COMPLAINT FOR INTRIGUING AGAINST HONOR AND ORAL DEFAMATION?

 

NO SUFFICIENT EVIDENCE.

 

EVIDENCE

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

 

SCD-2020-0012-Meriam M. Urmaza Vs. Hon. Regional Procesutor Nannatus Caesar R. Roja, Hon. Assistant Provincial Prosecutor Judylito V. Ulanday and Ramon Torres Domingo 

 

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FORM 0028 – PARKING LEASE AGREEMENT

 

YOU MAY ACCESS THE FORM IN MICROSOFT WORD. JUST CLICK THE FORM FILE BELOW:

 

FORM 0028 – PARKING LEASE AGREEMENT

 

OR YOU MAY COPY THE FILE BELOW. (HIGHLIGHT CTRL C, OPEN WORD, CTRL V):

 

PARKING LEASE AGREEMENT

 

LESSOR :________________________       ADDRESS:            ___________________________________

___________________________________

___________________________________

 

LESSEE:________________________         ADDRESS:            ___________________________________

___________________________________

___________________________________

 

BUILDING:           _________________________________________

 

PARKING SLOT NO.: ___________________           CONTACT:  _______________________________

TEL. NO.: _________________________________

 

MONTHLY RENTAL AMOUNT: PHP_____________ INCLUSIVE OF VAT, INCLUSIVE  OF

MONTHLY DUES AND INCLUSIVE OF COMMON AREA FEES.

 

PAYMENT SCHEDULE: UPON SIGNING OF THIS AGREEMENT LESSEE PAYS SECURITY DEPOSIT EQUIVALENT TO ONE MONTH RENT AND ONE MONTH ADVANCE RENT AND SHALL SUBMIT POSTDATED CHECKS PAYABLE TO LESSOR FOR SUCCEEDING MONTHLY RENTS TO BE DATED FIFTH DAY OF THE MONTH.

 

OTHER TERMS AND CONDITIONS

 

 

  1. The LESSEE shall use the Leased premises exclusively for parking use only. The LESSEE shall not use the leased premises for any other purpose. No loss or damage in leased premises shall impair the LESSEE’s obligations under this Agreement.

 

  1. The LESSOR reserves the right to terminate the LEASE CONTRACT in the event that the parking slot is already sold by the LESSOR and the LESSEE hereby agrees to vacate the said parking slot within Fifteen (15) Calendar days after written notice by the LESSOR. After lapse of the Fifteen (15) day notice, the LESSOR shall automatically have the right to repossess the leased premises without need of further court action. All expenses incurred to re-possess the leased premises shall be for the account of the LESSEE.

 

  1. In the event of pre-termination due to Section 4, LESSOR may transfer the lessee to another parking slot which is available for lease if there is any.

 

  1. In case of pre-termination other than due to Section 2, the LESSEE must forward written notice/advice to the LESSOR three(3) weeks prior to cancellation of contract. The rentals for the period that the parking slot is not leased to any third party shall be charged to the LESSEE. In case the unit shall have been rented out anew, the postdated checks for the remaining period shall be returned by the LESSOR to the LESSEE. Any Pre-termination advice with less than three(3) weeks’ notice shall not entitle the LESSEE to any refund. In any case security deposit shall be forfeited in favor of the LESSOR.

 

 

  1. The LESSEE shall comply with any and all rules, regulations and policies currently existing or which may be promulgated from time to time by the LESSOR or the relevant Condominium Corporation as well as the rules, regulations, ordinances and laws established by all duly constituted authorities of the Municipal / City or National Government arising from or regarding the use, occupancy, sanitation and pollution of the leased premises.

 

  1. The LESSEE will be responsible for securing required parking car pass and will only park his / her vehicle at the designated parking slot and must display the car pass on the dashboard or windshield for inspection or entry. Only Registered Cars will be allowed to use the said leased slot. Any change of vehicle during the lease term must be subject for registration to Property Management Office (PMO) and Leasing Department of the building.

 

  1. The LESSEE agrees to vacate immediately and surrender the leased parking slot as soon as this Agreement expires or is terminated. In the event that the LESSEE has not renewed his / her contract with the LESSOR, the  PROPERTY MANAGEMENT OFFICE (PMO) will have full authority to confiscate car pass and barricade the Parking Slot. The  LESSOR shall automatically have the right to re-possess the leased premises without need of further court action. All expenses incurred to re-possess the leased premises shall be for the account of the LESSEE.

 

  1. Upon the dishonor by the bank of any of the post-dated checks or the LESSEE’s failure to pay rent, associations due, common dues and / or the violation of any of the terms and conditions of this AGREEMENT by the LESSEE, the LESSOR may immediately declare, without need of a written notice, the LESSEE in default. Upon the LESSEE being in default, the LESSOR shall exercise, in addition to any other remedies as may be prescribed by law, the following rights:

 

A) To terminate the Agreement without the need of any prior notice, demand or judicial declaration;

 

B) To immediately repossess the Leased Premises without the necessity of instituting any court or judicial action.

 

C) To demand and receive from the LESSEE payment for any and all unpaid rentals and other financial obligations stipulated in, or arising out of this Agreement;

 

D) To demand and receive from the LESSEE payment for the rentals and fees corresponding to the unexpired portion of the lease period;

 

  1. The LESSOR and LESSEE may renew this agreement but solely on the discretion of the LESSOR and under such terms and conditions as the parties may mutually agree. In the event that the LESSEE wishes to renew this Lease, the LESSEE must notify the LESSOR in writing of its wish to renew at least thirty 30) calendar days before the expiration of the lease. The LESSOR and LESSEE shall endeavor to execute a contract of lease for the renewed term at least thirty (30) calendar days before the actual expiration of this agreement.

 

  1. The LESSOR shall not be accountable or liable for any loss, injury or damages that may be suffered by the LESSEE, his/her family, agents, guests or his parked motor vehicle, by reason of theft, robbery, arson or other crimes or caused by fire, earthquake, strike, demonstration, riot, rebellion, typhoon, war or other unforeseen cause or event.

 

  1. The LESSEE is not allowed to assign or transfer its right in this Agreement to another party without the LESSOR’s prior written consent.

 

  1. The LESSEE hereby declares that he/she is the registered owner of the motor vehicle and agrees to give the LESSOR a copy of the OR and CR. If the LESSEE is a corporation, the user of the leased premises must secure authorization from the corporation.

 

  1. The LESSOR will refund Five Hundred PESS (Php500.00) security deposit upon surrender of car pass and upon clearance with (Property Management Office) PMO provided that the LESSEE has no outstanding obligation to the LESSOR in which case the security deposit shall be applied.

 

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures  this _______________ at _______________________________.

 

 

LESSOR: _____________________                                      LESSEE : ____________________________

Signature over Printed Name                                     Signature over Printed Name

Date : ________________________                                    Date: _____________________________

 

Signed in the presence of:

 

 

_____________________                     _____________________

ACKNOWLEDGMENT

Republic of the Philippines)

_____________________                  ) SS.

 

BEFORE ME, a Notary Public for  and in ___________________________ this ______________________  personally appeared the following persons  whose identities I have confirmed through competent evidence of identity bearing their pictures and signatures as described below:

 

NAME TYPE OF ID. NUMBER DATE AND PLACE OF ISSUANCE/EXPIRY DATE.
 

 

     
 

 

     

 

All known to me to be the same persons who executed  the foregoing instrument consisting of ____ pages including this page where the Acknowledgment is written and they acknowledged to me that the same is their free and voluntary act and deed as well as that of the entities that they respectively represent.

 

WITNESS MY HAND AND SEAL at the place and on the date first-above written.

 

Doc. No. _______;

Page No. _______;

Book No. _______;

Series of ________.

 

SAMPLE FORM OF SECRETARY’S CERTIFICATE AUTHORIZING TRANSACTIONS WITH SMART COMMUNICATIONS, INC. (SMART), DIGITEL MOBILE PHILIPPINES, INC. (DMPI/SUN) and ePLDT, INC. (ePLDT)

 

 

REPUBLIC OF THE PHILIPPINES)

Makati City                               ) SS.

 

SECRETARY’S CERTIFICATE

 

I, AAAAA, Corporate Secretary of XXXXX INC. organized and existing under and by virtue of the laws of the Philippines with office address at ___________________________, do hereby certify that the Board of Directors of said corporation has passed during their meeting held on ­­­­­­­________________ the following RESOLUTION:

 

  1. That at the Regular Meeting of the Board of Directors of the Corporation held on 01 July 2016 at which meeting a quorum was present and acting throughout, the following resolutions were approved and passed:

 

“RESOLVED, that the Corporation be, as it is hereby authorized to enter into transactions and contracts with, and/or avail of products, facilities, services of or through the representation of PHILIPPINE LONG DISTANCE TELEPHONE COMPANY (PLDT), and its wholly/partly owned subsidiaries and/or affiliates including but not limited to SMART COMMUNICATIONS, INC. (SMART), DIGITEL MOBILE PHILIPPINES, INC. (DMPI/SUN) and ePLDT, INC. (ePLDT) (hereinafter referred to individually or collectively as the “PLDT Group” for purposes of these resolutions) , including but not limited to wire-line telephone, wireline data, wireline internet, wireless telephone, wireless data service, SMS, GPRS, wireless value added services, wireless broadband internet, and other  present or future product, facilities and services of the PLDT Group, as the Corporation’s authorized signatories may deem reasonable, proper and beneficial for the interest of the Corporation;

 

“RESOLVED, FURTHER, that any _______ of the following Officers and/or Directors of the Corporation whose specimen signatures appear below be, as they are hereby authorized to sign, execute and/or deliver any and all documents, contracts, instruments for and in behalf of the Corporation, as may be appropriate and required by the foregoing transactions authorized above:

 

Name                 Position Signature

 

BBBBB               Chairman      ___________________

 

“RESOLVED, FURTHER, that the foregoing authorized signatories be, as they are hereby authorized to transmit their instructions from time to time via letter correspondence, electronic mail, telecopier (facsimile), and phone in connection with the exercise of the foregoing powers in accordance with which the PLDT Group shall be entitled but not bound to rely and act upon such communications which it believes to be in good faith to be signed and authorized or apparently signed and/or authorized by the authorized signatories of the Corporation; and

 

“RESOLVED, finally, that the Corporate Secretary be, and is hereby, authorized to issue certifications covering the foregoing resolutions adopted by the Board of Directors of the Corporation.”

 

  1. The foregoing resolutions have not been revoked, amended, or in any manner modified and, accordingly, the same may be relied upon until a written notice to the contrary is issued by the Corporation.

 

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of ­­­­­­_____________________ at ____________________.

 

 

 

 

       AAAAA                             

 Corporate Secretary

 

ATTESTED BY:

 

                               CCCCC

                               President

 

SUBSCRIBED AND SWORN to before me, this  ______________ at _____________, AAAAA  exhibiting to me his/her TIN ID bearing ________________.

 

Doc. No.  ______;

Page No. ______;

Book No. ______;

Series of  ______.