Legal Forms and Writing Course Outline Atty. Alvin T. Claridades 2nd Sem.

, AY 2013 - 2014 Saturday, 5:00-8:00 p.m. A. Legal Writing 1. The importance of legal writing course 2. Philippine legal research a. Research of statute laws b. 1987 Philippine Constitution c. Treaties and other international agreements d. Statutes proper (Legislative enactments) e. How a bill becomes a law f. Research of case laws 3. Grammar, punctuation, style and restrictions a. Basic English grammar rules b. Parts of speech c. Effective punctuation in legal writing d. Identifying the relevant facts and legal issues e. Rules on citation and bibliography f. Plagiarism Legal Forms B.1 Notarial Laws and Rules 1. Legislative Enactments and Judicial Issuances a. Act No. 2103 An Act Providing for the Acknowledgement and Authentication of Instruments and Documents Without the Philippine Islands enacted on January 26, 1912 b. The Old Notarial Law - Sec. 245 to 246 of Act No. 2711 or the Revised Administrative Code of the Philippines c. Official Oaths - Sec. 40 to 42, Book I, Chapter 10 of Executive Order No. 292, s. 1987 - Administrative Code of 1987, as amended by Republic Act No. 6733 d. Presentation of Community Tax Certificate on Certain Occasions Sec. 163, Republic Act No. 7160, Local Government Code of 1991 e. Effect of Failure to Stamp Taxable Document Sec. 201, Title VII [Documentary Stamp Tax] of Republic Act No. 8424 or the Tax Reform Act of 1997 f. 2004 Rules on Notarial Practice - A.M. No. 02-8-13-SC, SC En Banc Resolution dated July 6, 2004 g. Amendment to Sec 12(a) of the 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, SC En Banc Resolution dated February 19, 2008 2. Ex-Officio Notaries Public

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Power of Municipal Trial Court and Municipal Circuit Trial Court judges to act as Notaries Public Ex Officio, Supreme Court Circular 1-90, February 26, 1990 b. Guidelines relative to printing and distribution of notarial books, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, SC En Banc Resolution dated August 15, 2006 c. Cruz v. Centron, A.M. No. P-02-1644. November 11, 2004; 442 SCRA 53 (2004) d. Tigno v. Spouses Aquino, G.R. No. 129416. November 25, 2004; 444 SCRA 61 (2004) e. Fuentes v. Buno, A.M. No. MTJ-99-1204 (Formerly OCA IPI No. 97355-MTJ), July 28, 2008; 560 SCRA 22 (2008) Notarized Document as a Public Instrument a. Vda. De Rosales v. Ramos, A.C. No. 5645. July 2, 2002; 383 SCRA 498 (2002) b. Dela Cruz v. Zabala, A.C. No. 6294. November 17, 2004; 442 SCRA 407 (2004) c. Lee v. Tambago, A.C. No. 5281, February 12, 2008; 544 SCRA 393 (2008) d. Dela Cruz v. Dimaano, A.C. No. 7781, September 12, 2008; 565 SCRA 1 (2008) Admissibility of Documents a. Classes of documents and Proof of private documents, Sections 19 & 20, Rule 132 of the Revised Rules on Evidence b. Public documents as evidence and Proof of notarial documents, Sections 23 & 30, Rule 132 of the Revised Rules on Evidence c. Heirs of Amparo Del Rosario v. Santos, G.R. No. L-46892 September 30, 1981; 108 SCRA 43 (1981) d. Permanent Savings and Loan Bank v. Velarde, G.R. NO. 140608, September 23, 2004; 439 SCRA 1 (2004) e. Tigno v. Spouses Aquino, G.R. No. 129416. November 25, 2004; 444 SCRA 61 (2004) Validity of Contracts - General Rule: A defective notarization does not affect the validity of a contract. a. Chong v. Court of Appeals, G.R. No. 148280, July 10, 2007 b. Competent evidence of the affiant's identity - The President of the Church of Jesus Christ of Latter Day Saints v. BTL Construction Corporation, G.R. No. 176439, February 26, 2007 Exceptions: Where the law requires notarization as a requisite for validity. a. Donation of immovable property 1. Article 749 of the Civil Code 2. Quilala v. Alcantara, G.R. No. 132681. December 3, 2001; 371 SCRA 311 (2001)

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Abellana v. Spouses Ponce, G.R. No. 160488, September 3, 2004; 437 SCRA 531 (2004) b. Partnership where immovable is contributed 1. Article 1771 to 1773 of the Civil Code c. Notarial Will 1. Article 805 and 806 of the Civil Code 2. Garcia v. Gatchalian, G.R. No. L-20357, November 25, 1967; 21 SCRA 1056 (1967) 3. Azuela v. Court of Appeals, G.R. No. 122880, April 12, 2006; 487 SCRA 119 (2006) d. Registration of Documents 4. Forms in conveyancing Section 112 of Presidential Decree No. 1528 or the Property Registration Decree e. Transfer of Ownership 1. Delivery of the thing sold - Articles 1498 and 1544 of the Civil Code 2. Dy, Jr. v. Court of Appeals, G.R. No. 92989, July 8, 1991; 198 SCRA 826 (1991) f. Effectivity as against Third Persons 1. Assignment of credits and Partnership having a capital of P3,000.00 or more - Articles 1625 and 1772 of the Civil Code 2. Marriage settlements Article 77 of the Family Code 3. Santiago v. Pioneer Savings and Loan Bank, G.R. No. 77502, January 15, 1988; 157 SCRA 100 (1968) Notarial Acts a. Jurat Section 6, Rule II of the 2004 Rules on Notarial Practice b. Acknowledgment Section 1, Rule II of the 2004 Rules on Notarial Practice; Gamildo v. New Bilibid Prisons, G.R. No. 114829 March 1, 1995; 242 SCRA 83 (1995) c. Affirmation or Oath - Section 2, Rule II of the 2004 Rules on Notarial Practice d. Commission - Section 3, Rule II of the 2004 Rules on Notarial Practice e. Copy certification Section 4, Rule II of the 2004 Rules on Notarial Practice f. Notarial Register Section 5, Rule II of the 2004 Rules on Notarial Practice g. Notarial Certificate Section 8, Rule II of the 2004 Rules on Notarial Practice h. Competent Evidence of Identity Section 12, Rule II of the 2004 Rules on Notarial Practice i. Signature witnessing Section 14, Rule II of the 2004 Rules on Notarial Practice

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Authority to certify the affixing of a signature by thumb or other mark Section 1(b), Rule IV of the 2004 Rules on Notarial Practice k. Signing on behalf of a person physically unable to sign or make a mark Section 1(c), Rule IV of the 2004 Rules on Notarial Practice Basic Legal Forms 1. Affidavit 2. Special Power of Attorney - Article 1878 of the Civil Code 3. Last Will and Testament a. Notarial Will - Article 805 and 806 of the Civil Code b. Holographic Will - Article 810 to 814 of the Civil Code 4. Release, Waiver and Quitclaim Article 6 of the Civil Code 5. Demand Letter a. Preparatory to filing an ejectment case - Rule 70 of the Rules of Court b. Preparatory to filing a complaint for violation of Batas Pambansa Blg. 22 or the Bouncing Checks Law Forms for Contracts 1. Extra-Judicial Settlement - Secs. 1 and 2, Rule 74 of the Rules of Court 2. Affidavit of Self-Adjudication 3. Deed of Sale of Registered Land 4. Contract of Lease with right of first refusal 5. Deed of Donation - Article 725 to 773 of the Civil Code 6. Real Estate Mortgage - Article 2085 to 2092, 2124 to 2131 of the Civil Code 7. Chattel Mortgage - Article 2085 to 2123, 2140 to 2141 of the Civil Code; Act No. 1508, as amended, with Affidavit of Good Faith 8. Deed of Release of Real Estate or Chattel Mortgage 9. Pre-Nuptial Agreement Articles 74 to 81 of the Family Code 10. Deed of Assignment of Credits Article 1624 to 1635 of the Civil Code Partnership and Corporate Forms 1. Articles of Partnership - Articles 1767, 1770 to 1774 of the Civil Code 2. Articles of Incorporation - Sec. 10 to 15 of the Corporation Code 3. By-Laws - Sec. 46 to 47 of the Corporation Code 4. Board Resolution authorizing corporate officer to obtain a bank loan 5. Secretary's Certificate 6. Proxy to attend a stockholder's meeting - Sec. 58 of the Corporation Code 7. Notice of Stockholder's meeting - Sec. 50 to 51 of the Corporation Code 8. Minutes of Meetings 9. Arbitration Clause - Republic Act. No. 9285 or the Alternative Dispute Resolution Act of 2004 Judicial Forms C.1 All Pleadings 1. Rule 7 to 9; Sec. 11, Rule 13 of the Rules of Court

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Sec. 139 of Republic Act No. 7160 or the, Local Government Code of 1991 3. Bar Matter No. 287, SC En Banc Resolution dated July 9, 1985, quoted in OCA Circular No. 10-85, July 24, 1985 4. Bar Matter No. 1132, SC En Banc Resolution dated 12 November 2002 5. A.M. No. 07-6-5-SC, SC En Banc Resolution dated July 20, 2007, Statement od Contact Details of the Parties or their Counsel in all Pleadings or Papers filed with the Supreme Court 6. Bar Matter No. 1922, SC En Banc Resolution dated June 3, 2008,Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to Indicate in All Pleadings Filed the Courts the Counsel's MCLE Certificate of Compliance or Certificate of Exemption 7. A.M. No. 05-11-07-CTA, SC En Banc Resolution dated November 3, 2005, Sec. 6, Rule 6 of the Revised Rules of the Court of Tax Appeals 8. Bar Matter No. 2012, February 10, 2009, Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers 9. Public Estates Authority v. Uy, G.R. Nos. 147933-34. December 12, 2001; 372 SCRA 180 (2001) 10. Clavecilla v. Quitain, G.R. No. 147989, February 20, 2006; 482 SCRA 623 (2006) 11. Heirs of Dicman v. Cario, G.R. No. 146459, June 8, 2006; 490 SCRA 240 (2006) 12. Solar Team Entertainment v. Ricafort, G.R. No. 132007. August 5, 1998; 293 SCRA 661 (1998). Motions 1. Rule 15 of the Rules of Court 2. Azajar vs CA, G.R. No. L-40945 November 10, 1986; 145 SCRA 333 (1986) 3. Neri v. Dela Pea, A.M. No. RTJ-05-1896. April 29, 2005; 457 SCRA 538 (2005) 4. Boiser v. Aguirre, Jr., A.M. No. RTJ-04-1886. May 16, 2005; 458 SCRA 430 (2005) 5. De Jesus v. Dilag, A.M. No. RTJ-05-1921 (Formerly OCA IPI No. 041973-RTJ); 471 SCRA 176 (2005) Civil Cases 1. Complaint for Forcible Entry or Unlawful Detainer (Ejectment) - Rule 70 of the Rules of Court 2. Complaint for a Sum of Money (based on a Promissory Note) with application for the issuance of a temporary restraining order (TRO) and/or a writ of preliminary attachment - Sec. 6 to 8, Rules 8 and 57 of the Rules of Court

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Complaint for Replevin with application for Replevin Rule 60 of the Rules of Court Entry of Appearance Withdrawal of Counsel - Sec. 26, Rule 138 of the Rules of Court Affidavit of Service - Rule 13 of the Rules of Court Answer with Counterclaim - Rules 8, 9 and 16 of the Rules of Court; Permanent Savings and Loan Bank v. Velarde, G.R. NO. 140608. September 23, 2004; 439 SCRA 1 (2004) Motion to Dismiss - Rules 15 and 16 of the Rules of Court Motion to Admit - Sec. 9, Rule 15 of the Rules of Court Motion for Extension of Time Sec. 11, Rules 15 and 11 of the Rules of Court Motion to Declare Defendant in Default Sec. 3, Rule 9 of the Rules of Court Motion to Lift Order of Default Sec. 3, Rule 9 of the Rules of Court Ex-Parte Motion to Set Case for Pre-Trial Sec. 1, Rule 18 of the Rules of Court Special Power of Attorney for Pre-Trial - Rule 18 of the Rules of Court; Boaz International Trading Corporation v. Woodward Japan, Inc., G.R. No. 147793. December 11, 2003; 418 SCRA 287 (2003) Pre-Trial Brief - Rule 18 of the Rules of Court; A.M. No. 03-1-09-SC, SC En Banc Resolution dated July 13, 2004, Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-trial and Use of Deposition-Discovery Measures Motion for Postponement - Sec. 3 and 4, Rule 30 of the Rules of Court Motion for Intervention - Rule 19 of the Rules of Court Request for the Issuance of Subpoena - Rule 21 of the Rules of Court Formal Offer of Evidence - Sec. 34 and 35, Rule 132 of the Rules of Court Motion for Execution - Rule 39 of the Rules of Court Notice of Lis Pendens - Sec. 14, Rule 13 of the Rules of Court; Sec. 76 of Presidential Decree No. 1259 Third Party Claim - Sec. 16, Rule 39 of the Rules of Court Motion for Reconsideration - Rule 37 of the Rules of Court Notice of Appeal - Rules 40 and 41 of the Rules of Court Appeal Brief - Sec. 13, Rule 44 of the Rules of Court; De Liano v. Court of Appeals, G.R. No. 142316. November 22, 2001; 370 SCRA 349 (2001) Affidavit of Merit attached to a petition for relief from judgment Rule 38 of the Rules of Court Petition for Review from the Regional Trial Courts to the Court of Appeals - Rule 42 of the Rules of Court

Petition for Review (Appeal from the quasijudicial agency to the Court of Appeals) - Rule 43 of the Rules of Court 29. Petition for Review on Certiorari - Rule 45 of the Rules of Court 30. Petition for Certiorari, Prohibition or Mandamus - Rule 65 of the Rules of Court C.4 Special Proceedings 1. Petition for Letters of Administration - Rule 79 of the Rules of Court 2. Petition for the Appointment of Guardians - Rule 93 of the Rules of Court C.5 Criminal Cases 1. Complaint-Affidavit - Rules 110 and 112 of the Rules of Court 2. Petition for Review - DOJ Circular No. 70, July 3, 2000, 2000 NPS Rules on Appeal 3. Comment - DOJ Circular No. 70, July 3, 2000, 2000 NPS Rules on Appeal 4. Counter-Affidavit - Rule 112 of the Rules of Court 5. Affidavit of Desistance 6. Information - Rules 110 and 117 of the Rules of Court; DOJ Circular No. 61, September 21, 1993, New Rules on Inquest 7. Motion to Quash Information - Rules 110 and 117 of the Rules of Court 8. Petition for Bail - Rule 114 of the Rules of Court

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