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UST GOLDEN NOTES 2012

III. LEGAL FORMS person other than the one who executed it. (Suarez,
2007)
Form is important when the law requires a
Q: What are examples of instruments that must be
document or other special form, such as those
acknowledged?
mentioned in Article 1358 of the New Civil Code,
donation of an immovable property under Art. 749,
A:
NCC, pledge under Art. 2096, NCC. (Suarez, 2007)
a. Deeds
b. Conveyances
Q: What does the study of Legal Forms include?
d. Mortgages
a. Leases
A: It includes the following:
e. Releases and discharges affecting lands
1. Business Forms – Forms used in
whether registered under Act 496 or
conveyance, or of the forms of deeds,
unregistered
instruments or documents creating,
transferring, modifying or limiting rights
Note: If not acknowledged, such documents will not be
to real as well as personal properties, and accepted by the Register of Deeds for registration.
other forms related to business contracts (Suarez, 2007)
or transactions. (Legal Forms, Suarez
2007) Q: When is an acknowledgment made?
2. Judicial Forms – Forms which pertain to
different kinds of pleadings, applications, A: An acknowledgment is made in documents
petitions, affidavits, motions and the like. where there is transfer or conveyance of title to
(Ibid) property, transmission of rights or manifestation of
agreement of parties (fulfillment of a prestation to
Q: What is a document? give, to do or not to do).

A: It is a writing or instrument by which a fact may Note: It should be used only in contracts, never in
be proven or affirmed. A document may either be affidavits or sworn statements. (Albano, Albano, Jr.
private or public. and Albano, 2004)

1. Private Document – a deed or instrument Q: What is the meaning of Scilicet or “S.S.”?


executed by a private person, without the
intervention of a notary public or of other A: “S.S.” literally means more particularly (Suarez,
person legally authorized, by which a 2007), to wit, or namely (Guevara, 2010). It is used
document, some disposition or to particularize a general statement. (Ibid)
agreement is proved, evidenced or set
forth. In notarized documents, it indicates that the legal
document was executed in the designated place
2. Public Document within that particular jurisdiction for such an act.
a. An instrument authenticated by a
notary public or a competent public Note: The omission of “S.S.” in a legal document is not
official, with the formalities material so as to invalidate it. (McCord, et al. v. Glenn,
required by law 6 Utah 139, 21 Pac. 500; Guevara, 2010)
b. An instrument executed in due form
before a notary certified by him Q: What are the contents of an acknowledgment?
c. That which is made by a notary
public in the presence of the parties A:
who executed it, with the assistance [1] Title of the notarial act
of two witnesses. (Suarez, 2007) [2] Place of execution
[3] Date
A. COMMON FORMS [4] Name of person acknowledging the
document (as well as name/s of the
1. ACKNOWLEDGMENT entity/ies being represented, if
such is the case)
Note: Acknowledgment is a statutory act such that [5] Competent evidence of identity
only those instruments that are required by law to be presented
acknowledged shall be acknowledged; it is also a [6] Date and place of issue of the
personal act such that it cannot be acknowledged by a competent evidence of identity presented

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LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
JUDICIAL ETHICS – DISCIPLINE OF MEMBERS OF THE JUDICIARY

[7] Acknowledgment made to the notary [9] Notarial certificate


public that it is the person’s voluntary act [10] Identity of notary public
and deed [11] Details of the notarial register
[8] Type of document executed and number [12] If executed in a representative
of pages capacity, a statement to that effect

Form 1: General Form of Acknowledgment

[1] ACKNOWLEDGMENT
[2] REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________)
CITY/MUNICIPALITY OF _______) S.S.

[3] BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this ___ day of _____, 2012,
personally appeared the following persons

[4] NAME [5] IDENTIFICATION [6] DATE AND PLACE OF ISSUANCE


____________________ ___________________ _______________________
____________________ ___________________ _______________________

[7] Known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free and voluntary act and deed [12] and of the corporations
herein represented.

[8] This instrument refers to a (title of document) and consists of ___ pages including the page on which
this acknowledgment is written and signed by the parties and their instrumental witnesses on each and every
page thereof.

[9] WITNESS MY HAND AND SEAL on the date and at the place above written.

[10] JUAN DELA CRUZ


NOTARY PUBLIC- Makati City
Appointment No. ____
Until December 31, 2012
Roll no. ____
PTR no. ____, date of issue, place
of issue
IBP no. _____, date of issue, place
of issue
Office Address:
Email:
Contact Number:

[11] Doc. No._____;


Page No. ____;
Book No.____;
Series of 2012

2. JURAT Note: Jurat is important as it gives the document a


legal character.(Ibid)
Q: What is a Jurat?
Q: Who executes a Jurat?
A: It is that part of an affidavit in which the officer
certifies that the instrument was sworn to before A: The notary public. He certifies that the same was
him. It is not part of the affidavit. (Suarez, 2007) sworn before him.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
177
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Q: When should jurats be executed? attests to the truthfulness of an event,


under oath.
A: It is used in any notarized document that is
declaratory in nature, such as: Note: A jurat should be used only in affidavits, sworn
a. Affidavits statements, certifications, verifications and the like.
b. Certifications Never use it in contracts. (Albano, Albano, Jr. and
c. Whenever the person executing the Albano, 2004)
document makes a statement of facts or

Form 2: Jurat

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF _______________)
CITY/MUNICIPALITY OF ______) S.S.

[1] SUBSCRIBED AND SWORN to before me, in the Municipality/City of_____, this ____ day of ____, 2012, the
affiant exhibiting to me his (any competent evidence of identity) issued by (issuing agency) on (date of issue) at
(place of issue).

[2] JUAN DELA CRUZ


NOTARY PUBLIC- Makati City
Appointment No. ____
Until December 31, 2012
Roll no. ____
PTR no. ____, date of issue, place
of issue
IBP no. _____, date of issue, place
of issue
Office Address:
Email:
Contact Number:
[3] Doc. No._____;
Page No. ____;
Book NO.____;
Series of 2012

Q: What are the contents of a Jurat? [3] The details of the Notarial Register:
a. Document Number
A: Three (3) sections of Jurat: b. Page Number
c. Book Number
[1] The Notary’s declaration regarding when and d. Series Number (year)
where the person took an oath or affirmation as to
the document or instrument and his competent 3. PLEADING
evidence of identity, bearing his picture and
signature was presented. Q: What are pleadings?

[2] The identity of the notary public with the A: Pleadings are the written statements of the
following: respective claims and defenses submitted to the
a. Complete Name of the Notary Public court for appropriate judgment. (Sec. 1, Rule 6,
b. Place of Commission RRC)
c. Appointment Number
d. Expiration Date of the Notarial Q: What is the purpose of a pleading?
Commission
e. Roll Number A: Its purpose is to define the issues and form the
f. PTR Number foundation of the proof to be submitted at the trial.
g. IBP Number Office Address It narrows the case down to a specific issue or

178
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
JUDICIAL ETHICS – DISCIPLINE OF MEMBERS OF THE JUDICIARY

issues which will be submitted to the court for trial [4] Relief
and judgment. (Suarez, 2007) [5] Attorney
[6] PLUS
Q: What are the parts of a pleading? a. Verification, if required
b. Certificate of non-forum shopping,
A: Cap-Ti-BRA PLUS when appropriate
[1] Caption c. Notice of hearing, when required
[2] Title d. Proof of service
[3] Body e. Explanation

Form 3: General Format of a Pleading

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ________, MAKATI CITY

[1] ________________________,
Plaintiff,
-versus- Civil Case No.____
________________________, For: ____________
Defendant.

x--------------------------------------x

[2] (TITLE)

(Plaintiff/ Defendant), through Counsel, unto this Court, respectfully states:

[3] (BODY)

-allegations-

[4](PRAYER)

Makati City, Philippines, ________ (date) __________.

_________________
[5] Attorney

[6] VERIFICATION, if required


CERTIFICATE OF NON-FORUM SHOPPING, when appropriate
NOTICE OF HEARING, when required
PROOF OF SERVICE
EXPLANATION

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
179
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

4. PRAYER
Note: The relief or reliefs prayed for may be proper or
Q: What is a Prayer? not, but as long as the plaintiff deserves a relief, the
court will grant him the relief to which he is entitled
A: This is a part of the pleading which states the under the facts as proven. (Guidotte v Yeung, CA-CR
relief or reliefs prayed for by the parties. No. 6268, July 10, 1951)

Form 4: Prayer

PRAYER

WHEREFORE, it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay
the plaintiff the amount of One Million Pesos (Php1,000,000.00) for actual and compensatory damages, Fifty
Thousand Pesos (Php50,000.00) for moral damages, Fifty Thousand Pesos (Php50,000.00) for exemplary
damages and Fifty Thousand Pesos (Php50,000.00) for attorney’s fees.

Other reliefs just and equitable under the circumstances are also prayed for.

5. PROOF OF SERVICE

Form 5: Proof of Service

Copy furnished through personal service:


Atty. __________ Received By: ______
Counsel for _______________ Date: ____________
(Firm Name)
(Office Address)

Form 6: Proof of Service Through Registered Mail with Explanation

Copy furnished through registered mail:


Atty.____________ Registry Receipt
No.___________
Counsel for ______ Date: _______________
(Firm Name) Post Office:
____________
(Office Address)

EXPLANATION

Pursuant to the Rules of Court, service of the above (designation of pleading or document) was effected
through registered mail because of the impracticability of personal service. The office of the undersigned counsel
is located at (Makati City for example) while that of the adverse counsel is located at (Baguio City for example),
and there are no messengerial personnel in the employ of the undersigned counsel who could effect personal
service.

Name and signature

6. CERTIFICATION OF NON-FORUM SHOPPING and simultaneously filed therewith, where the


party:
Q: What is a certificate of non-forum shopping?
a. Certifies that he has not theretofore
A: It is a certification under oath in the complaint or commenced any action or filed any claim
other initiatory pleading asserting a claim for relief, involving the same issues in any court,
or in a sworn certification annexed to such pleading tribunal or quasi-judicial agency and, to

180
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

the best of his knowledge, no such other requirements shall not be curable by mere
action or claim is pending. amendment of the complaint or other initiatory
b. If there is such other pending action or pleading. (Suarez, 2007)
claim, gives a complete statement of the
present status thereof Note: Submission of a false certification or non-
c. Undertakes that if he should thereafter compliance with any of the undertakings shall
learn that the same or similar action or constitute indirect contempt of court, without
claim has been filed or is pending, he shall prejudice to the corresponding administrative and
report that fact within five (5) days criminal actions.
therefrom to the court wherein his
aforesaid complaint or initiatory pleading Q: Who executes the certification against forum
has been filed. shopping?

Q: What is the consequence on failure to execute A: The plaintiff or principal party


such certification when necessary?
Q: When should the certification be executed?
A: Failure to comply shall be cause for dismissal of
the case without prejudice, unless otherwise A: It is executed simultaneously with a complaint or
provided, upon motion and hearing. The foregoing any other initiatory pleading.

Form 7: Certification of Non-forum Shopping

Republic of the Philippines)


City of _______________) S.S.

(Person verifying) after having been duly sworn deposes and says:

That he is the (usually the one executing is the plaintiff but it may be the defendant in the case of a
permissive counterclaim) in the above-entitled case and he certifies that he has not heretofore commenced any
action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency, that to
the best of his knowledge, there is no other pending action or claim, and that if he should thereafter learn that
the same or similar action or claim has been filed or is pending, he shall report such fact within five (5) days
therefrom to this Honorable Court.

Party executing

JURAT

7. VERIFICATION 2. Answer, if there are actionable


documents
What is verification? 3. Petition for review under Rule
42, RRC
A: It is a statement, under oath that the pleading is 4. Appeal from CTA and quasi-
true. It includes both the actual swearing to the judicial agencies to the CA (Rule
truth of the statements by the subscriber and also 43, RRC)
the certification thereto by the notary or other 5. Appeal by certiorari under Rule
officer authorized by law to administer oaths. 45, RRC
(Pamaran, 2004) 6. Certiorari, prohibition and
mandamus (Rule 65, RRC)
Q: When is verification necessary?
Q: What are the contents of verification?
A: Verification is necessary only when the law or
rule specifically requires it. Example, under the A: It contains a statement that an affiant has read
Rules of Court, verification is necessary in the the pleading, that he has caused the preparation of
following pleadings: said pleading and that the allegations therein are
1. Complaint and other initiatory true and correct based on authentic records and of
pleadings his personal knowledge.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
181
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 8: Verification

Republic of the Philippines)


City of _______________ ) S.S.

(Person verifying) after having been duly sworn deposes and says that he is the (designation) in the
above-entitled (name of pleading); that he has caused its preparation; that he has read it and the allegations
therein are true and correct based on his personal knowledge and based on authentic records.

Party verifying

JURAT

Form 9: Verification and Certification of Non-forum Shopping

Republic of the Philippines)


City of ________________) S.S.

(Person verifying) after having been duly sworn deposes and says:

1. That he is the (designation) in the above- entitled (name of pleading); that he has caused its preparation; that
he has read it and the allegations therein are true of his own personal knowledge and based on authentic records;

2. That he certifies that he has not heretofore commenced any action or filed any claim involving the same issues
before any other court, tribunal or quasi-judicial agency, that to the best of his knowledge, there is no other
pending action or claim, and that if he should thereafter learn that the same or similar action or claim has been
filed or is pending, he shall report such fact within five (5) days therefrom to this Honorable Court.

Party executing

JURAT

B. BUSINESS FORMS others, or reciprocally, to the fulfillment of a


prestation to give, to do or not to do.
Note: Conveyance is a deed whereby the ownership of
a real property is transferred from one person to Q: What are the parts of a contract of lease of
another. (Suarez, 2007) personal property?

1. CONTRACTS A: TAP-WAC-SA
[1] Title
A contract is a meeting of minds between two [2] Announcement
persons whereby one binds himself, with respect to [3] Parties
the other, to give something or to render some [4] Conditions or terms
service. (Art. 1305, NCC) [5] Signatures
[6] Acknowledgement
Contract is a juridical convention manifested in
legal form, by virtue of which one or more persons
or parties bind themselves in favor of another or

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LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 10: Contract of Lease of Personal Property

[1] Contract of Lease

[2] Know All Men by These Presents:

That [3] __________, of legal age, (citizenship), (single/married) an resident of ______, Philippines,
hereby leases his/her car (make/model), with Plate No. ____, Motor No. ____ and Engine No. ____ to [3] _____,
of legal age, (citizenship), single/married, and resident of _____, who hereby accepts to lease the said motor
vehicle, subject to the following terms and conditions:

[4] (State terms and conditions)

IN WITNESS WHEREOF, the parties have hereunto set their hands this ____day of ___,2012, in ______,
Philippines.

[5]FELIPE DE GUZMAN ARTHUR MIRANDA


Lessor Lessee

[6] (ACKNOWLEDGMENT)

Q: What are the parts of a contract of lease of real


property? Note: State citizenship, if the transaction involves
titled property. (Albano, Albano, Jr. and Albano, 2004)
A: TAP-WAC-SA
[1] Title State marital status, if the transaction involves
[2] Announcement titled real property. If a party is married, state full
[3] Parties name and his/ her citizenship. (Ibid)
[4] Whereases
[5] Agreement proper In the “whereas” clauses, the representations of the
[6] Conditions or terms parties as well as their respective intentions or
[7] Signatures motives, are usually stated. (Ibid)
[8] Acknowledgement

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
183
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 11: Contract of Lease of Real Property

[1] Contract of Lease

[2] Know All Men by These Presents:

This Contract of Lease is made and executed by and between:

[3] FELIPE DE GUZMAN, of legal age, Filipino, married to Linda Conanan, with address at # 28 Aurora Blvd.,
Quezon City, hereinafter called the LESSOR;

- and -

ARTHUR MIRANDA, of legal age, Filipino, married to Agnes Sison, with address at # 30 Aurora Blvd.,
Quezon City, hereinafter called the LESSEE;

Witnesseth that:

[4] WHEREAS, the LESSOR is the true and absolute owner of a residential house and lot located at #30 Aurora
Boulevard, Quezon City, herein after referred to as “Property”; and

WHEREAS, the LESSOR leases unto the lessee, and the latter hereby accepts the lease from the former.

[5] NOW THEREFORE, for and in consideration of the above premises and covenants provided below, the LESSOR
hereby leases the PROPERTY to the LESSEE who accepts it [6] under the following terms and conditions:

1. The lease shall be for one year from execution of this agreement;
2. The monthly rental on the PROPERTY leased shall be P5,000.00, payable in advance within the first five (5)
days of each month;
3. All ordinary repairs concerning the PROPERTY shall be for the sole account and expense of the LESSEE,
without right to reimbursement;
4. The LESSEE shall use the PROPERTY exclusively for family dwelling, and shall have no right to use the same
for business and other purposes;

The Lessee hereby acknowledges that he has received the Property in good, habitable condition and
undertakes to maintain that such condition throughout the duration of the lease.

[7] FELIPE DE GUZMAN ARTHUR MIRANDA


Lessor Lessee

With my marital consent:


Zenaida de Guzman

Signed in the Presence of:


_____________________ ________________

[8] (ACKNOWLEDGMENT)

Q: What are the parts of a real estate mortgage? [4] Mortgagee


[5] Conveyance of real property with technical
A: VeT-MAm-CODAck description
[1] Venue and Title [6] Ownership of real property
[2] Mortgagor [7] Discharge of mortgage
[3] Amount of loan [8] Acknowledgment

184
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 12: Contract of Real Estate Mortgage

[1] Real Estate Mortgage

Know All Men By These Presents:

[2] I, ______________, of legal age, Filipino, single/married to __________ and with residence at
________, Philippines, for and in consideration of [3]________________ Pesos (Php__________), Philippines
currency, to me and in hand paid by [4] _____________ of legal age, Filipino, single/married to __________ and
with residence at ________, Philippines, do hereby convey, by way of MORTGAGE unto said _________(full name
of the mortgagee), his/her heirs and assigns, that certain parcel of land, together with all the buildings and
improvements thereon, situated in _______, particularly described as follows:

[5] (description of property)

“Containing an area of ___ square meters, more or less.


xxx xxx xxx

Bounded on the S. along 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the N. along lines 7-8-9
by Lot 2345 and on the E. along line 9-1 by Lot 3456, all Cad-7890, Manila Cadastre.”
xxx xxx xxx

[6] Of which real property I am the registered owner as evidenced by Original/Transfer Certificate of
Title No. ____ of the Registry of Deeds of ____: [7] PROVIDED, HOWEVER, that if said __________(Full name of
mortgagor) shall pay or cause to be paid to the said (Full name of mortgagee), his heirs or assigns, the said sum of
___________ pesos (Php________), Philippine Currency, within the period of ___________ (__) years from and
after the execution of this MORTGAGE together with the interest thereon at the rate of _______ per centum
(__%) per annum, this MORTGAGE shall be discharged and be of no effect; OTHERWISE, it shall remain in full force
and effect and shall be enforceable in the manner provided for by law.

IN WITNESS WHEREOF, these presents are signed at the City of ____, Philippines, on this ____ day of
____, 2012.

________________ _______________
Mortgagor Mortgagee

With my marital consent (if married):


__________________
(Wife of mortgagor)

Signed in the Presence of:


_______________ ________________

[8] (ACKNOWLEDGMENT)

Q: What are the parts of a Chattel Mortgage? [4] Fact that the property was given as a Security
A: Vet-PeCon-SDAGJ for a loan or a copy of the PN
[1] Venue and Title [5] Discharge of the mortgage
[2] Personal Circumstances of the Parties [6] Acknowledgment
[3] Conveyance of mortgage and technical [7] Affidavit of Good Faith
description of personal property [8] Jurat

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
185
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 13: Chattel Mortgage

Know All Men By These Presents:

[2] JUAN DE LA CRUZ, of legal age, Filipino, single with residence at _______________________,
hereinafter referred to as the “MORTGAGOR”

and

PEDRO DE LOS SANTOS, of legal age, Filipino, married with residence at ___________________,
hereinafter referred to as the “MORTGAGEE”,

WITNESSETH: That:

[3] The Mortgagor does hereby convey by way of chattel mortgage unto the Mortgagee, the following
described personal property, ordinarily situated and presently in the possession of the said Mortgagor, to wit:

(Specify and describe the article/s mortgaged)


Make and type:
Serial/Chassis No.:
Motor No.:
Plate No.:

[4] That this Chattel Mortgage is given as security for the payment to the Mortgagee, of a certain
promissory note, dated ______ for the sum of ___________ Pesos (Php_______), Philippine Currency, with
interest thereon at the rate of _____ per centum (___%)per annum, according to the terms and in the words and
figures following: (option 2: attach the promissory note and make reference to such attachment)

(Copy of the promissory note)

Date______
P_____________

_____ days after date, I, ______, promise to pay to the order of ______, the sum of _____ pesos
(Php______).

Maker_____

[5] That the condition of this Chattel Mortgage is such that if the said Mortgagor, his heirs, executors, or
administrators shall well and truly perform the full obligation above-stated according to the terms thereof, this
Chattel Mortgage shall be discharged and be of no effect, otherwise, it shall remain in full force and effect and
shall be enforceable in the manner provided by law.

IN WITNESS WHEREOF, the parties have hereunto set their hands this ___ day of ____ 2012 in _____,
Philippines.

________________ _______________
Mortgagor Mortgagee

Signed in the Presence of:

______________ ________________

[6] (ACKNOWLEDGMENT)
[7] (AFFIDAVIT OF GOOD FAITH)
[8] (JURAT)

186
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 14: Pledge Agreement

This AGREEMENT, made and entered into this ___ day of ____ 2012 by and between __________, of
legal age, Filipino, single and residing at _____, Philippines, now and hereinafter called the Pledgor, and
_____________, likewise of legal age, married and residing at ________, Philippines, now and hereinafter called
the Pledgee.

Witnesseth that:

WHEREAS the Pledgor has executed a promissory note dated ____, 2011 in favor of the Pledgee and
made payable within ___ (___) days after date at _______. Philippines, for the amount of _____ (Php______),
Philippine currency;

WHEREAS, the Pledgor has agreed with the Pledgee to secure the payment of said note;

NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein contained,
the Pledgor has, as collateral security for the payment of the aforementioned note and by way of pledge,
deposited with the said Pledgee the following personal property of his own exclusive ownership, and of which he
has the free disposal, to wit:

(Description of the property)

And the said parties to this instrument agree that the Pledgee who acknowledges the receipt of the
aforementioned personal property of the Pledgor shall take good care of the said property until redeemed by the
said Pledgor;

That should the said note or any part thereof, or interest to grow thereon, remain due and unpaid, after
the note shall have been due, according to the terms thereof, the said Pledgor, irrevocably empowers and
authorizes the said Pledgee, his heirs, executors, administrators and assigns, to sell or dispose of the above-
mentioned property or any part thereof at public auction as provided for in Article 2112, of the Civil Code, from
the proceeds of such sale to pay the principal and interests due therefore, otherwise, this Agreement shall
become null and void and of no further effect and the above-named securities are to be returned to the Pledgor.

IN WITNESS WHEREOF, we have set our hands this ____ day of ____, 2012 at ______, Philippines.

____________________ __________________
Pledgor Pledgee

In the Presence of:


__________________ __________________

2. DEED A: A deed, once executed and delivered is


irrevocable in the absence of reservation of the
Q: What is a deed? right to revoke. On the other hand, a will operates
only upon and by reason of the death of the maker.
A: A deed is a written instrument under seal During his lifetime, it is ambulatory and revocable.
containing a contract or agreement which has been
delivered by the parties to be bound and accepted Q: What are the typical parts of a deed?
by the obligee or covenantee. (Suarez, 2007)
A: TAP-CAP-SA
Note: In a deed, a person disposes of his property or [1] Title
right in favor of another. [2] Announcement
[3] Party one
Q: What is the difference between a deed and a [4] Consideration
will? [5] Act or Conveyance

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
187
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

[6] Party two convert it into a deed of assignment, a deed of


[7] Signatures easement of right of way, a deed of real estate
[8] Acknowledgment mortgage, a deed of chattel mortgage, and others.

Note: You can use this pattern for all kinds of deeds.
You need only vary the “act or conveyance” portion to

Form 15: Deed of Sale of Personal Proper

[1] DEED OF SALE OF MOTOR VEHICLE

[2] KNOW ALL MEN BY THESE PRESENTS:

[3] I, ANGEL CRUZ, of legal age, Filipino, married, with address at No. 12 Apo St., Quezon City (SELLER), [4] for and
in consideration of the sum of One Hundred Thousand Pesos (P100,000.00), [5] hereby sell, convey, and transfer
my motor vehicle, more particularly described as follows:
Make ________, Type ________, Motor No. ________,
Serial/Chassis No. ___________, File No.___________,
Reg. Cert. No. ______________, Plate No.__________,

[6] to RICARDO LIM, of legal age, married, with postal address at No. 2 Bangkal St., Manila (BUYER).

[7] ANGEL CRUZ


Seller

With my consent:
Helen Cruz
Wife

[8] ACKNOWLEDGMENT

Form 16: Deed of Sale of Unregistered Land

DEED OF ABSOLUTE SALE

Know All Men By These Presents:

I, ____________, of legal age, Filipino, single, and resident of _______________ (VENDOR), for and in
consideration of the amount of ______________, paid to me today by _______________, of legal age, Filipino,
single and resident of _______________(VENDEE), do hereby SELL, TRANSFER, and CONVEY absolutely and
unconditionally unto said ____________ that certain parcel(s) of land, together with the buildings and
improvements thereon situated in the City of Makati, and more particularly described as follows:

(description: state the nature of each piece of land and its improvements, situations and boundaries,
area in square meters, whether or not the boundaries are visible on the land by means of monuments or
otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the
assessment of each property for current year(s) when registration is made, the assessed value of the property for
the year)

It is hereby declared that the boundaries of the foregoing land are visible by means of
_______________; that permanent improvements existing thereon consist of ________ (if none, state so); that
the land is assessed for the current year at Php___________ as per Tax Declaration No.________, and the
buildings and/or improvements, at Php___________ as per Tax declaration No._______________, of the City
Assessor of Makati.

188
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

The above described real estate, not having been registered under Act No. 496 nor under the Spanish
Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the
Revised Administrative Code, as amended.

IN WITNESS WHEREOF, I have signed this deed this ____ day of ______, 2012 at _________.

________________

(Vendor)

With my consent:
___________________
(Vendor’s wife)

Signed in the Presence of:


_______________ _______________

Acknowledgment

Form 17: Deed of Sale with Pacto de Retro

DEED OF SALE WITH PACTO DE RETRO

Know All Men By These Presents:

This Deed of Sale with Pacto de Retro made and executed by and between:

____________________, of legal age, Filipino, married to ______, with residence at ______________


(Vendor);

-and-

__________________, Filipino, of legal age, married to _________, with residence at


________________ (Vendee);

WITNESSETH: That

The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements
thereon, situated in the City of Makati, covered by Transfer (or Original) Certificate of Title (TCT/OCT)
No.__________ issued by the Registry of Deeds of Makati City and more particularly described as follows:

(Copy technical description in TCT/OCT)

The VENDOR, for and in consideration of the amount of _________ Pesos (Php________), to him paid
by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro
unto the said VENDEE, his heirs and assigns, the said property with all the buildings and improvements thereon,
free from all liens and encumbrances whatsoever;

The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE,
in accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of _____
years from date of this Deed for the same price of ______ (Php_______); provided, however, that if the VENDOR
shall fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance
shall become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements
of law regarding consolidation of ownership of real property.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
189
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

IN WITNESS WHEREOF, the parties have signed this Deed this ____ day of ____, 2012 at _________.

________________ ________________
(Vendor) (Vendee)

With my consent:
___________________
(Vendor’s wife)

Signed in the Presence of:


_________________ _________________

Acknowledgment

Form 18: Deed of Repurchase of Land Sold Under Pacto de Retro

DEED OF RESALE

Know All Men By These Presents:

I, ______________, of legal age, Filipino, married to ______, with residence at ______________


(VENDOR), for and in consideration of __________________ Pesos (Php___________), to me paid by
_______________, of legal age, Filipino married and resident of ____________________ (VENDEE), do hereby
RESELL, RETRANSFER and RECONVEY unto said ___________that certain parcel of land, with all the buildings and
improvements thereon, situated at Makati City, covered by Transfer (or Original) Certificate of Title No. _____ of
the Registry of Deeds of Makati City, and more particularly described as follows:

(Copy technical description of title)

and which property was previously sold under pacto de retro by the said ____________, executed
before Notary Public ______ and bearing Notarial Registration No. ____, Page No. ____, Book No. ____ and Series
of 2012 of his Notarial Register, a copy of which is attached as ANNEX A.

IN WITNESS WHEREOF, the parties have signed this Deed this ____ day of ____, 2012 at Makati City.

________________ ________________
(Vendor) (Vendee)

With my consent: With my consent:


___________________ _____________________
(Vendor’s wife) (Vendee’s Wife)

Signed in the Presence of:


_________________ _________________

Acknowledgment

190
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 19: Deed of Assignment

DEED OF ASSIGNMENT

Know All Men By These Presents:

That I, _____, of legal age, Filipino, single/married to __________ and residing at _____________,
Philippines (ASSIGNOR), for and in consideration of the sum of ___________ Pesos (Php______________) to me
and in hand paid by ______________, of legal age, Filipino, single/married to _______________, and residing at
____________, Philippines (ASSIGNEE), the receipt of which is hereby acknowledged, do hereby sell, assign,
transfer and set over unto said _____________, his heirs, executors, administrators and assigns, a certain debt
now due and owing to me by _________________, of legal age, Filipino, single/married to _______, and residing
at ______________, Philippines, amounting to ________________ Pesos (Php___________), plus interest due
and accruing thereon, for money loaned by me to the said ______________.

And I do hereby grant said __________, his heirs, executors, administrators and assigns, the full power
and authority, for his/their own use and benefit, but at his/their own cost and expense, to demand, collect,
receive, compound, compromise and give acquaintance for the same or any part thereof, and in my name and
stead or otherwise to prosecute and withdraw any suit or proceeding thereof.

And I do hereby agree and stipulate to and with said ____________, his heirs, assigns, executors,
administrators and assigns that the said debt is justly owing and due to me from said _________ and that I have
not done and will not cause anything to be done that will diminish or discharge said debt, or to delay or prevent
said ________, his heirs, assigns, executors or administrators, from collecting the same.

And I further agree and stipulate as aforesaid that I, my heirs, executors, administrators, assigns, shall
and will at all times hereafter at the request of said __________, his heirs, executors, administrators and assigns
at his cost and expense, execute and do all such further acts and deeds as shall be reasonably necessary for
proving said debt and to more effectually enable him to recover same in accordance with the true intent and
meaning of these presents.

IN WITNESS WHEREOF, we have hereunto set our hands on this __ day of ______, 2008 at the city of
_____________.

___________________________
(Assignor)
___________________________
(Assignee)

In the presence of:


______________________
______________________

Acknowledgment

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
191
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 20: Deed of Donation Inter Vivos

Know All Men By These Presents:

This DEED OF DONATION made and executed in ____________, Philippines, by _______________, of


legal age, single/married to ______________, Filipino citizen and with residence and postal address at
________________, hereinafter called the DONOR

-In favor of-

_____________, of legal age, single/married to ____________, Filipino citizen and with residence and
postal address at ________________, hereinafter called the DONEE

WITNESSETH:

WHEREAS, the Donor is the absolute owner of that certain real property situated at ____________--
and more particularly described as follows:

(Description of Property)

“Containing an area of ___ square meters, more or less.


xxx xxx xxx
Bounded on the S. along line 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the N. along lines 7-
8-9 by Lot 2345 and on the E., along line 9-1 by Lot 3456, all Cad-7890, Manila Cadastre.
xxx xxx xxx

NOW, THEREFORE, for and in consideration of the love and affection of the Donor for the Donee (and
for the faithful services the latter has rendered in the past to the former), the said DONOR by these presents,
hereby cedes, transfers and conveys, by way of donation, unto said Donee the real property above described,
together with all the buildings and improvements existing thereon, free and clear of all liens and encumbrances.

That the Donor hereby states that, for the purpose of giving effect to the donation, he has reserved for
himself in full ownership sufficient property to support him in a manner appropriate to his needs.

ACCEPTANCE

That the Donee hereby accepts the foregoing donation of the above-described property for which
he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberality shown by the Donor.

IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this _____ day of ______, 2012 at
_____________, Philippines.

__________________

Donor

Accepted:
__________________
Donee

Signed in the presence of:


__________________ _______________

JOINT ACKNOWLEDGMENT

192
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 21: Deed of Donation Mortis Causa

Know All Men By These Presents:

This DEED OF DONATION made and executed in ____________, Philippines by _______________, of legal age,
single/married to ______________, Filipino citizen and with residence and postal address at ________________,
hereinafter called the DONOR, in favor of _____________, of legal age, single/married to ____________, Filipino citizen
and with residence and postal address at ________________, hereinafter called the DONEE

WITNESSETH:

That the Donor is the absolute owner of that certain real property situated at ____________ and more
particularly described in Original/Transfer Certificate of Title No. _____ of the Land Registry of ______, as follows:

(Description of Property)

“Containing an area of ___ square meters, more or less.


xxx xxx xxx
Bounded on the S. along 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the N. along lines 7-8-9 by Lot
2345 and on the E., along line 9-1 by Lot 3456, all Cad-7890, Manila Cadastre.
xxx xxx xxx

That for and in consideration of the love and affection which the Donor has for the Donee, said Donor by
these presents do hereby cedes, transfers and conveys unto said Donee the real property above described, together
with all the buildings and improvements existing thereon, to become effective upon the death of the Donor, but in the
event that the Donee should die before the Donor, the present donation shall be deemed rescinded and of no further
force and effect.

That the Donee does hereby accepts this donation of the above-described real property and do hereby
expresses gratitude for the kindness and liberality of the Donor.

That the Donor hereby retains the right to rescind the right to control and dispose at will the above-described
property before his death, without need of the consent or intervention of the Donee.

IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this _____ day of ______, 2012 at
_____________, Philippines.

___________________ ___________________
(Donor) (Donee)

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do
hereby certify: That the donor, ________, has made known unto us the foregoing donation mortis causa consisting of
____ pages numbered correlatively in letters on the upper part of each page, as her donation mortis causa and has
signed the same and every page therein in the left margin, in our joint presence and we, in turn, at his request have
witnesses and signed the same and every page thereof, on the left margin, in the presence of the donor and in the
presence of each and all of us.
__________________________ ___________________________________________
(name and signature of witness) (residence)
__________________________ ___________________________________________
(name and signature of witness) (residence)
__________________________ ___________________________________________
(name and signature of witness) (residence)

JOINT ACKNOWLEDGMENT

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
193
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

3. POWER OF ATTORNEY
Q: What are the parts of a general power of
Q: How is a General Power of Attorney different attorney?
from Special Power of Attorney?
A: VeT-PAP-GA
A: A special power of attorney is a very limited [1] Venue and Title
power of attorney as it allows the Attorney-in-Fact [2] Personal Circumstance
to do only those things specified by the principal. [3] Appointment operative words
The authority granted is usually very limited and [4] Power
clearly defined in the power of attorney form. A [5] Granting authority operatives
general power of attorney allows the Attorney-in- [6] Acknowledgment
Fact to do anything the principal would legally be
able to do in his name.

Form 22: General Power of Attorney

KNOW ALL MEN BY THESE PRESENTS:

[2] I, ____________, of legal age, Filipino, single/married to ____________, resident of ___________,


do hereby [3] name, constitute and appoint ____________, of legal age, Filipino, single/married, resident of
___________, to be my true and lawful attorney-in-fact, and in my name, place and stead, to do and perform the
following acts, to wit:

[4] (specify general acts that Attorney-in-Fact may do)

[5] GIVING AND GRANTING unto the said Attorney-in-Fact full power and authority necessary to carry out the acts
stated above as fully to all intents and purposes as I might or could lawfully do if personally present, with full
power of substitution, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall
lawfully do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, we have set our hands this __day of __________, 2012, in ___________, Philippines.

_________________
(Principal)

Conforme:
___________________
(Attorney-in-Fact)

Signed in the presence of:


________________ _________________

[6] JOINT ACKNOWLEDGMENT

194
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Q: What are the parts of a special power of [3] Appointment operative words
attorney? [4] Power
A: VeT-PAP-GA [5] Granting authority operatives
[1] Venue and Title [6] Acknowledgment
[2] Personal Circumstance

Form 23: Special Power of Attorney

KNOW ALL MEN BY THESE PRESENTS:

[2] I, ____________, of legal age, Filipino, single/married to ____________, resident of ___________,


do hereby [3] name, constitute and appoint ____________, of legal age, Filipino, single/married, resident of
___________, to be my true and lawful attorney-in-fact, for me and in my name, place and stead within the
period of ____ months (or years), [4] to SELL, TRANSFER and CONVEY, for the price not less than ___________
Pesos (Php_____), Philippine Currency, to whosoever may purchase or buy the parcel of land, with (or without)
improvements, located in __________, and more particularly described, to wit:

(copy technical description of property from the TCT)

of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer/Original Certificate
of Title No. _______________, issued by the Registry of Deeds of _________, free from all liens and
encumbrances; and,

[5] HEREBY GIVING AND GRANTING unto the said attorney-in-fact full powers and authority to do and
perform all and every act requisite or necessary to carry into effect the foregoing authority to sell, as fully to all
intents and purposes as I might or could lawfully do if personally present, with full power of substitution, and
hereby ratifying and confirming all that the said attorney or his substitute shall lawfully do or cause to be done by
virtue hereof.

IN WITNESS WHEREOF, we have set our hands this __day of __________, 2012, in ___________,
Philippines.

_________________
(Principal
)

Conforme:
___________________
(Attorney-in-Fact)

Signed in the presence of:


____________________ ______________________

[6] JOINT ACKNOWLEDGMENT

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
195
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 24: Revocation of Power of Attorney

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, I, _________________, of legal age, Filipino, single/married to ___________, resident of


_______________, by certain public instrument made and executed in _______________ on ________________
before ____________, Notary Public for and in the City of ____________, and bearing Notarial Register No. ___,
Page No. ___, Book No. ___, Series of 20__ of his notarial register, did name, constitute, and appoint
______________, resident of _______________ as my true and lawful ATTORNEY-IN-FACT, for the purpose and
with powers mentioned in the said public instrument.

WHEREAS, the said public instrument or Power of Attorney, was duly registered in the Office of the
Register of Deeds of _______ on ___________, 20__, as per Entry No. ___, Vol.___, Book___ of said Office.

NOW, THEREFORE, I _______________, by virtue of these presents, hereby REVOKE, ANNUL, and make
VOID the said power of attorney and all powers and authority therein or thereby given and granted, or intended
to be given or granted to said _______________.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ______________, 20__, in
______________, Philippines.

_________________

(signature)

Signed in the presence of:


_____________________ ______________________

ACKNOWLEDGMENT

4. CORPORATION

Form 25: Articles of Incorporation

ARTICLES OF INCORPORATION
OF ___________(Name of Corporation)

KNOW ALL MEN BY THESE PRESENTS:

The undersigned incorporators, all of legal age and a majority of whom are residents of the Philippines, have this
day voluntarily agreed to form a stock (non-stock) corporation under the laws of the Republic of the Philippines;

AND WE HEREBY CERTIFY:

FIRST: That the name of said corporation shall be “.............................................., INC. (NB: Must end with Inc.,
Incorporated, Corp. or Corporated)

SECOND: That the purpose or purposes for which such corporation is incorporated are: (If there is more than one
purpose, indicate primary and secondary purposes);

THIRD: That the principal office of the corporation is located in the City/Municipality of
............................................., Province of .................................................., Philippines;

FOURTH: That the term for which said corporation is to exist is fifty years from and after the date of issuance of
the certificate of incorporation;

196
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

FIFTH: That the names, nationalities and residences of the incorporators of the corporation are as follows:

NAME NATIONALITY RESIDENCE


..................................... ..................................... .....................................
..................................... ..................................... .....................................
..................................... ..................................... .....................................
..................................... ..................................... .....................................
..................................... ..................................... .....................................

SIXTH: That the number of directors of the corporation shall be .............; and the names, nationalities and
residences of the first directors or trustees of the corporation who are to serve until their successors are elected
and qualified as provided by the by-laws are as follows:

NAME NATIONALITY RESIDENCE


..................................... ..................................... .....................................
..................................... ..................................... .....................................
..................................... ..................................... .....................................
..................................... ..................................... .....................................
..................................... ..................................... .....................................

SEVENTH: That the authorized capital stock of the corporation is ................................. (P......................) Pesos
in lawful money of the Philippines, divided into ............... shares with the par value of ...................................
(P.......................) Pesos per share.

(In case all the share are without par value):


That the capital stock of the corporation is ........................... shares without par value. (In case some shares
have par value and some are without par value): That the capital stock of said corporation consists of
........................ shares of which ....................... shares are of the par value of ..............................
(P.....................) Pesos each, and of which ................................ shares are without par value.

EIGHTH: That the amount of said capital stock which has been actually subscribed is __________________ Pesos
(P________________) and the following persons have subscribed for the number of shares and amount of capital
stock set out after their respective names which constitutes at least twenty five (25%) per cent of the authorized
capital:

Name of Subscriber Residence Nationality No. of Shares Amount Subscribed


.................................. .................... ........................ ....................... .......................
.................................. .................... ........................ ....................... .......................
.................................. .................... ........................ ....................... .......................
.................................. .................... ........................ ....................... .......................
.................................. .................... ........................ ....................... .......................

NINTH: That the above-named subscribers have paid at least twenty-five (25%) percent of the total subscription
as follows:

Name of Subscriber Amount Subscribed Total Paid-In


................................... ...................................... ...............................
................................... ...................................... ...............................
................................... ...................................... ...............................
................................... ...................................... ...............................
................................... ...................................... ...............................

(Modify Nos. 8 and 9 if shares are with no par value. In case the corporation is non-stock, Nos. 7, 8 and 9 of the
above articles may be modified accordingly, and it is sufficient if the articles state the amount of capital or money
contributed or donated by specified persons, stating the names, nationalities and residences of the contributors
or donors and the respective amount given by each.)

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
197
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

TENTH: That ....................................... has been elected by the subscribers as Treasurer of the
Corporation to act as such until his successor is duly elected and qualified in accordance with the by-laws, and
that as such Treasurer, he has been authorized to receive for and in the name and for the benefit of the
corporation, all subscription (or fees) or contributions or donations paid or given by the subscribers or
members.

ELEVENTH: That no transfer of stock or interest which shall reduce the ownership of Filipino citizens to less than
the required percentage of the capital stock as provided by existing laws shall be allowed or permitted to
recorded in the proper books of the corporation and this restriction shall be indicated in all stock certificates
issued by the corporation.

TWELFTH: That the incorporators undertake to change the name of the corporation immediately upon receipt of
notice or directive from the Securities and Exchange Commission that another corporation, partnership or person
has acquired a prior right to the use of that name or that the name has been declared as misleading, deceptive,
confusingly similar to a registered name, or contrary to public morals, good customs or public policy.
IN WITNESS WHEREOF, we have hereunto signed these Articles of Incorporation, this .
....................................................................... day of
..........................., 2012 in the City/Municipality of ........................................, Province of
................................., Republic of the Philippines.

.............. ............................................
............. .............................................
..............................................................................

(Names and signatures of the incorporators WITH Taxpayer Identification Number)

SIGNED IN THE PRESENCE OF:

....................................... .............................................

(Acknowledgment)
Form 26: Waiver of Pre-emptive Rights

WAIVER OF PRE-EMPTIVE RIGHTS

We, the stockholders of XXX REALTY DEVELOPMENT, INC. (the “Corporation”), hereby waive our right
to subscribe to the increase in the authorized capital stock (or additional issuance from the unissued capital stock,
as the case may be) of the Corporation from ONE BILLION PESOS (P1,000,000,000.00) to TWO BILLION PESOS
(P2,000,000,000.00), as approved by at least majority of the board of directors and stockholders owning or
representing at least two-thirds (2/3) of the outstanding capital stock of the Corporation in meetings both held on
___________________.

Signed this ___ day of ____________, 2012.

_________________________ _________________________
(Signature of Stockholder) (Signature of Stockholder)

________________________
(Signature of Stockholder)

198
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Q: What does a secretary’s certificate contain? Note: Being regular on its face, a Secretary's Certificate
is sufficient for a third party to rely on. It does not have
A: to investigate the truth of the facts contained in such
[1] Personal circumstances of the secretary certification; otherwise business transaction of
[2] Date of the Meeting and Resolution of the Board corporations would become tortuously slow and
[3] Resolutions still in force unnecessarily hampered.
[4] Jurat

Form 27: Secretary’s Certificate

Republic of the Philippines)


_____________________ ) S.S.

SECRETARY’S CERTIFICATE

[1] I, _______________, of legal age, Filipino, single/married with residence at ____________ after having been
sworn in accordance with law hereby depose and state that:

1. I am the corporate secretary of X corporation, a corporation duly organized and existing under the laws
of the Philippines with principal office at ______________;

2. As such officer of the Corporation, I have custody and access to all the corporate records of X
corporation;

3. [2]On _______________, the board of directors of X corporation, in a meeting duly called for the
purpose, wherein quorum was present and acted throughout, passed the following resolution;

Resolution No. ______________

RESOLVED as it is hereby RESOLVED, that the President, Mr. Jose Cruz, __________ be, as he is hereby
authorized to enter into a Service Agreement with Y Corporation

RESOLVED FURTHER that Mr. Cruz be authorized to negotiate and determine the terms and conditions of
said Agreement as may be beneficial to the Corporation, to sign, execute and deliver any and all
documents
necessary and desirable and to do such acts and deeds as may be proper and necessary to implement the
foregoing authority.

[3]The above-quoted resolution is still in force and has not yet been revoked by the board as of this date.

IN WITNESS WHEREOF, I have hereunto affixed my signature and the seal of the corporation, this ___
day of ____, 2012.

______________________________
(Name & Signature of
Secretary)
[4] JURAT

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
199
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Q: What does a treasurer’s affidavit contain? [3] Certification as to amount of subscription


received (25%-25% rule)
A: [4] Authority to examine account
[1] Name of treasurer [5] Jurat
[2] Election as treasurer

Form 28: Treasurer’s Affidavit

REPUBLIC OF THE PHILIPPINES


PROVINCE OF ______________ S.S.
CITY/MUNICIPALITY OF_______

TREASURER’S AFFIDAVIT

[1] I, _________________, of legal age, Filipino, single, after having been sworn in accordance with law,
hereby depose and state that:

1. [2] I have been elected by the subscribers as the Corporate Treasurer of


____________________________, to act until my successor has been duly elected and qualified in
accordance with the By-laws of the Corporation.

2. [3] As such Treasurer, I hereby certify under oath that at least 25% of the authorized capital stock of the
Corporation has been subscribed and that at least 25% of the total subscriptions has been paid, and
received by me in cash, in the amount not less that P5,000.00, in accordance with the Corporation Code.

3. [4] The Securities and Exchange Commission and Bangko Sentral ng Pilipinas are hereby authorized to
examine and verify the deposit in the ___________ , _________________ Branch, in my name as
treasurer
in trust for __________________________ in the amount of ___________________________ Pesos
(P________________) representing the paid-up capital of the said corporation which is in the process of
incorporation. This authority is valid and inspection of said deposit may be made even after the issuance
of
the Certificate of Incorporation to the corporation. Should the deposit be transferred to another bank
prior
to or after incorporation, this will also serve as authority to verify and examine the same. The
representative of the Securities and Exchange Commission is also authorized to examine the pertinent
books and records of accounts of the corporation as well as all supporting papers to determine the
utilization and disbursement of said paid-up capital.

In case the paid-up capital is not deposited or withdrawn prior to the approval of the Articles of
Incorporation, I, on behalf of the above named corporation, waive our right to a notice and hearing in the
revocation of our Certificate of Incorporation.

___________________________
(Treasurer’s name &
signature)

[5] JURAT

5. PARTNERSHIP [3] Purposes of partnership


[4] Principal Office address
Q: What are the contents of an Articles of [5] Managing partner and duties
Partnership? [6] Term of existence
[7] Capital contribution of each partner
A: PeN-POM-TeCa-DiSa-Dis-Jack [8] Division of profits
[1] Personal circumstances of the partners [9] Salary of managing partner
[2] Name of partnership [10] Dissolution of partnership

200
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

[11] Joint Acknowledgment

Form 29: Articles of General Partnership

ARTICLES OF PARTNERSHIP OF
______________________________________

KNOW ALL MEN BY THESE PRESENTS

[1] These Articles of Partnership made and executed by and among;


__________, (citizenship), residing at _______________________;
__________, (citizenship), residing at _______________________; and
__________, (citizenship), residing at _______________________; all of legal age,

WITNESSETH:

[2] They have formed a partnership among themselves under the name and style of _________________.

[3] The purposes for which said partnership is formed are: (here state purposes of the firm)

[4] The principal office for which said partnership shall be located is at _________________;

[5] It is hereby stipulated that ________________ shall be the partner upon whom the management of the
firm and the use of its signature shall be entrusted; that he shall exercise such powers necessary to attain the purpose of
this partnership, including the power to draw drafts, bills of exchange and other negotiable instruments and accept the
same the same for in the name of the firm; to appoint and dismiss employees and to fix their tenure and compensation;
to deposit money in banks and with the counter-signature of the Treasurer, withdraw the same for purposes of the
partnership; and (others).

[6] The term of existence of this partnership shall be ___ years commence from and after the execution of
these articles;

[7]The capital of the partnership as contributed by the partners is as follows, to wit:


__________________ Php______;
__________________ Php______;

Thereby making a TOTAL CAPITAL of Php______;

[8] The profits and losses shall be divided share and share alike among the partners of the partnership (or in
proportion to their respective capital);
The treasurer shall be ___________________;

[9] The managing partner is hereby given a salary of _____________Pesos (Php________) per month;

[10] If during the term of the partnership, any of the partners shall die, the partnership shall continue among
the surviving partners, unless one of the latter expressly requests for dissolution.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ___day of _______, 2012, in ____________,
Philippines.

_______________________
_______________________
_______________________
(Name and Signature of partners)

Signed in the Presence of:


___________________ ___________________

[11] JOINT ACKNOWLEDGMENT

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
201
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Q: What are the parts of the articles of limited [4] Principal place of business
partnership? [5] Term of existence
A: PNP-PrinTeC-DDJ [6] Capital contribution
[1] Personal circumstances of partners [7] Designation and salary of general partner
[2] Name of limited partnership should always be [8] Division of profits
accompanied by LTD after the name [9] Joint Acknowledgment
[3] Purposes of limited partnership

Form 30: Articles of Limited Partnership

ARTICLES OF PARTNERSHIP OF
______________________________
LTD

KNOW ALL MEN BY THESE PRESENTS:

[1] These Articles of Partnership made and executed by and among: __________,
general partner, (citizenship), residing at __________;
__________, general partner, (citizenship), residing at __________ ; (and)
__________, general partner, (citizenship), residing at __________; all of legal
age,

WITNESSETH:

[2] That above-named partners have formed a limited partnership among themselves under the name
and style of _________________Ltd;

[3] That the purposes for which said partnership is formed are; (state the object or character of the
business);

[4] That the principal place of business of the partnership shall be at__________;

[5] That the term for which the partnership is to exist shall be ___ years from and after the execution of
this agreement;

[6] That the capital of this partnership shall be ____Pesos (Php__________), Philippine currency,
contributed by the partners, as follows, to wit:
_____________ (general partner)..... Php_______________;
_____________ (limited partner). .... Php_______________; and
_____________ (limited partner). .... Php_______________;

[7] That ___________, general partner, is hereby designated the manager of the partnership, with a
monthly salary of Php_______________;

[8] That the profits and losses shall be apportioned among the partners of the partnership___________
(state in what proportion they shall share in the profits and in the losses).

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this ____ day of ___________,
2012, in ___________________, Philippines.

_______________________
_______________________
(Name and Signature of partners)

Signed in the presence of: __________________


_________________

[9] JOINT ACKNOWLEDGEMENT

202
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

6. NEGOTIABLE INSTRUMENTS

Form 31: Promissory Note

(Date)

P _________ _______________, Philippines

_____________ month (or days) after date, I promise to pay, for value received, to _______________ or
order the sum of ________________ Pesos, with interest at ____ per centum per annum until fully paid. The
makers and endorsers severally waive presentment for payment, protest and notice of non-payment of this note.

________________
(Maker
)

Form 32: Bill of Exchange


Manila, August ____, 2012

For value received, pay to ______ (name of payee) or order the sum of ______ (Php________) pesos, Philippine
Currency, and charge the same to the account of _______ (name of drawer).

_________________________
(Name & Signature of Drawer)

To: (Name of Drawee)


(Address)

7. WILL 2. Need not be acknowledged or subscribed


before a notary public
Note: A holographic will: 3. For purposes of its PROBATE, it is better that
1. Should be entirely written, dated and signed the signature of the testator of a holographic
by the hand of the testator (Art. 810, NCC) will be witnessed by at least three (3)
witnesses. (Art. 811, NCC)

Form 33: Holographic Will

(Date)

I, _____________________, of ________________, being of sound and disposing mind, do hereby


declare this to be my last will and testament which I have written in my own handwriting in English, a language
known to me, and I hereby declare that all my properties shall upon my death be distributed to my wife
______________ and to my only child ____________ share and share alike.

______________________
(Name &
Signature)

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
203
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Note: A notarial will must be- [5] Testator and witnesses must sign in each and every
[1] In writing page thereof, except the last page, on the left margin
[2] In a language or dialect known to the testator [6] Pages should be numbered correlatively in letters
[3] Subscribed at the end by the testator or by on the upper part of each page
testator’s name written by a person in his presence [7] Attestation clause
[4] Attested and subscribed by at least three [8] Acknowledged before a notary public
instrumental witnesses (Art.797,798,802,819,NCC)

Form 34: Notarial Will

Last Will and Testament


of
____________________

Know All Men By These Presents:

I, ____________, of legal age, Filipino, single/ married to ____________, a native of _______________, now
actually residing at _____________, being of sound and disposing mind and memory, and not acting under
influence, violence, fraud or intimidation of whatever kind, by these presents declare this to be my Last Will and
Testament which I have caused to be written in English, the language which is known to me and I hereby declare
that:

The following are my children and their addresses:

(names and addresses)

I give and bequeath to my children ___________, _____________, and ______________, in equal shares, the
following properties, real and personal, whatsoever and wheresoever located:

(Description)

I designate _______________ as the sole executor of this Last Will and Testament.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ________, 2012, in ____________,
Philippines.

__________________
(Signature of testator)

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby
certify: That the donor, ________, has made known unto us the foregoing donation mortis causa consisting of
____ pages numbered correlatively in letters on the upper part of each page, as her donation mortis causa and
has signed the same and every page therein in the left margin, in our joint presence and we, in turn, at his request
have witnessed and signed the same and every page thereof, on the left margin, in the presence of the donor and
in the presence of each and all of us.

__________________________ ___________________________________________
(name and signature of witness) (residence)
__________________________ ___________________________________________
(name and signature of witness) (residence)
__________________________ ___________________________________________
(name and signature of witness) (residence)

JOINT ACKNOWLEDGMENT

204
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Republic of the Philippines)


City of ___________ ) S.S.

At the City of __________, on this ___ day of (month and year), personally appeared the Testator “X”,
and his three (3) instrumental witnesses to wit: AB, BC and CD, all known to me to be the same persons who
executed and attested, respectively, the foregoing Last Will and Testament, consisting (number of pages),
including this page on which this acknowledgment is written, and they all acknowledged to me that the Testator
signed the will and every page thereof on the left margin in the presence of the instrumental witnesses, that the
latter signed and witnessed the will on every page thereof on the left margin in the presence of the testator and
of one another ; that all the pages of said will are numbered correlatively in letters placed on the upper part of
each page, and that the attestation clause is in English, a language known to the instrumental witnesses; they
further acknowledged to me that the said will and attestation are their own free and voluntary act and deed. The
community tax certificates and competent evidences of identities of the said Testator and three (3) instrumental
witnesses were exhibited to me, to wit:

Com. Tax Cert. Date and Sr. Citizen Place of


No. Place of Issue I.D. No. Issue

WITNESS MY HAND AND SEAL at the place and date first above stated.

NOTARY PUBLIC
For the City of ________
Commission Serial No. __
Until December 31, 201__
Office address _________
Roll No._______________
PTR OR No. ___________
issued at ______________
on ________________
IBP Membership No. ____
Doc. No.___
Page No.___
Book No. ___
Series of 201__

C. JUDICIAL FORMS
Q: Is oath similar from an affidavit?
Note: All judicial forms have one mold or pattern. The
parts of a typical judicial form are: A: No. An affidavit consists of statement of fact
[1] Caption which is sworn as to the truth, while an oath is a
[2] Title pledge. (Suarez, 2007)
[3] Introduction
[4] Body Q: Who is an affiant?
[5] Relief
[6] Attorney
A: It refers to a person who signs an affidavit and
[7] Plus or addendums
swears to its truth before a Notary Public or some
person authorized to take oath
1. AFFIDAVITS
Q: What are the parts of a typical sworn statement
Q: What is an Affidavit?
or affidavit?
A: It is an ex parte statement in writng made under
A:
oath before a notary public or other officer
[1] Venue
authorized to administer oaths, about facts which
[2] Title
the affiant either knows of his personal knowledge
[3] Person
or is aware of to the best of his knowledge. (Khan,
[4] Oath
Jr., 2007)

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
205
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

[5] Statement [7] Jurat


[6] Signature

Form 35: Affidavit

[1] REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA . ......................) S.S.

[2] AFFIDAVIT

[3] I, HENRY ROBLES, of legal age, married, residing at 5 V.G. Cruz, Sampaloc, Manila, [4] state under oath that:

1. [5] I am a licensed physician.

2. I examined accused Raul Ramos at 5 p.m. today and found him suffering from intestinal flu for which I
prescribed medicine and bed rest for three days.

[6] HENRY ROBLES


Affiant

[7] SUBSCRIBED AND SWORN to before me in the City of Manila, Philippines, this 10th day of July, 2012.
I have identified affiant through his LTO Driver's License No. N10-68-034785 dated May 22, 2012.

Name _______________________
Notary Public for (City/ Province)
Office Address of Notary Public
Appointment No. _______ until (date)
Roll of Attorney No. ___
PTR No.__, __ (date and place of issue)
IBP No. __, __ (date of issue) (chapter)
Serial No. of Commission_____
Doc. No._____;
Page No. ____;
Book No.____;
Series of 2012.

Q: What is an Affidavit of Merit?


Note: In executing an affidavit, the affiant’s primary
A: It is an affidavit which states that the defendant qualification is that he has knowledge of the facts
has a meritorious defense of a substantial and not which he states, and the truth of which he affirms.
merely technical nature and stating the facts (Suarez, 2007)
constituting the same.

Form 36: Affidavit of Merit

REPUBLIC OF THE PHILIPPINES)


CITY OF MAKATI) S.S.

AFFIDAVIT OF MERIT

I, ___________, of legal age, Filipino and resident of _______________, after being duly sworn to in accordance
with law, hereby depose and state that:

1. I am the Petitioner in the case entitled ___________docketed as Civil/Criminal Case No._______ and
pending before the Regional Trial Court;

2. I have caused the preparation of the “Motion for Reconsideration” to which this affidavit is attached;

206
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

3. I have read the allegations contained therein and I hereby state that the same is true and correct of my
personal knowledge and based on authentic records;

4. I have received a copy of the resolution of the Regional Trial Court dismissing my petition for failure to
prosecute for an unreasonable length of time;

5. The reason for my failure to proceed with the steps necessary for my case was due to the fact that my
counsel, Atty. _____ was admitted in the National Kidney Institute for an emergency operation;

6. The partners of my lawyer were not able to handle my case because of their individual work load and
hectic schedule;

7. The foregoing circumstance that led to the dismissal of my petition constitute mistake and/or excusable
negligence which ordinary prudence could not have guarded against and by reason of which I have been
impaired of my rights, especially because a judgment was rendered by the court without affording me
the
chance to present my evidence;

8. I voluntarily execute this Affidavit of Merit to attest to the truth of the foregoing facts and in order to
support the grounds in my “Motion for Reconsideration” as it really shows that the same is meritorious
and in order that the Order or Judgment rendered against me be reconsidered and set aside and a new
one be issued reinstating the instant case.

Affiant adds nothing more at this time.

August 1, 2012, Makati City


___________________
(Affiant)

(JURAT)

Q: What is an Affidavit of Good Faith? secure the specified obligation, and that the said
obligation is a valid, just and subsisting obligation
A: A certificate included in the chattel mortgage and not one entered into for the purpose of fraud.
contract executed by both the mortgagor and (Sec. 5, Chattel Mortgage Law)
mortgagee that the mortgage is constituted to

Form 37: Affidavit of Good Faith

We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel
mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other
purpose and that the same is a just and valid obligation and one not entered into for purposes of fraud.

August 1, 2012, Makati City.

______________ _____________
(Mortgagor) (Mortgagee)

(JURAT)

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
207
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

2. MOTIONS done by registered mail, another plus is the need to


give an explanation why personal filing or service could
Q: What is a motion? not be done.

A: A motion is an application for relief other than by Q: What are the parts of a motion:
a pleading. (Sec. 1, Rule 15) [1] Caption
[2] Title of the case
A motion shall state the relief sought to be [3] Body of the motion
obtained and the grounds upon which it is based,
and if required by the Rules or necessary to prove Note: The body of a motion usually has two parts:
facts alleged therein, shall be accompanied by a. The ground for the motion
supporting affidavits and other papers. (Sec. 3, Rule b. The argument in support of the motion
15, RRC)
[4] Prayer
Note: The plus for a motion is the notice of hearing [5] Place, date and signature
(mandatory if the motion is a litigated motion). If filing [6] Notice of Hearing
of a pleading or service of its copy on adverse party is [7] Proof of Service

Form 38: Motion for Judgment on the Pleadings

[1] Republic of the Philippines


REGIONAL TRIAL COURT
National Capital Judicial Region
Branch ___
Manila

[2] A,
Plaintiff,
- versus- Civil Case No. ___
B,
Defendant,
x- - - - - - - - - - - - - - - -x

Plaintiff, by counsel, respectfully states that:

1. [3] In the answer of the defendant filed on _________--- he admitted having signed the promissory note and merely
interposed the defense that he was asking for time within which to pay the obligation;
2. Said answer does not tender any issue and in fact it can be read therefrom that defendant admitted his obligation.

[4] WHEREFORE, it is respectfully prayed that this Honorable Court render judgment on the pleadings.

[5]________ City, Philippines, this _____ day of _______2012..

Name
____________________________
Office Address
____________________
Roll of Attorney No.
________________
PTR No.___, ___ (date and place of
issue)
IBP No. ____, ___ (date of issue)
(chapter)
MCLE Compliance No. ___

[6] NOTICE OF HEARING


[7] PROOF OF SERVICE (affidavit of service by mail)
EXPLANATION

208
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Following the above format, the body and prayer for other types of motions should be as follows:

Form 39: Motion to Declare Defendant in Default

1. Plaintiff filed this Complaint against defendant on _________; summons were served on defendant on
_________ as indicated by the Sheriff’s return of even date, a copy of which is attached as Annex A;

2. Defendant’s reglementary period to file Answer ended on ________; no motion for extension of such
period was filed nor was any granted motu propio by this Honorable Court. Despite the lapse of time, defendant
has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to
present evidence ex parte against defendant.

WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be
allowed to present evidence ex parte before the Clerk of Court acting as Commissioner.

Form 40: Motion to Lift Order of Default

1. That ten (10) days after the summons of the complaint was received by this defendant, she filed a
motion to dismiss;
2. That plaintiff had not filed any opposition to said motion and no hearing was held on said motion to
dismiss;
3. That while the said motion to dismiss was still pending, this Honorable Court declared defendant in
default; and

That said order declaring defendant in default is premature and without legal basis since there is still a pending
motion to dismiss.

Note: A motion to lift an order of default based on FAME (fraud, accident, mistake, excusable negligence), should be
accompanied by an affidavit of merits. However if it is grounded on the very root of the proceedings, i.e. invalid service
of summons, affidavit of merits is not necessary.

Form 41: Motion for Postponement of Hearing

1. That the above-entitled case is set for hearing on __________;


2. That counsel for defendant is afflicted with chicken pox and is now under the medical care of Dr.
________. A copy of the physician’s certificate under is hereto attached;

WHEREFORE, it is respectfully prayed that the hearing set for ___________ be reset to another day
preferably on the first week of June 2012 or at the convenience of this Honorable Court.

Note: For a motion to postpone trial on the ground of illness by a party or counsel, the following must appear in an
affidavit or sworn certification:

1. The appearance of counsel or party is indispensable


2. The illness is such as to render his non-attendance excusable (Sec. 4, RRC)

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
209
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 42: Motion to Dismiss

Defendant, by counsel, respectfully moves that the complaint be dismissed on the following grounds:

(Here mention one or more grounds provided for in Rule 16, Rules of Court: Lack of Jurisdiction, Payment;
Novation; Prescription; Lack of Capacity)

ARGUMENTS

(Here set forth the reasons in support of the grounds mentioned)

PRAYER

WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Form 43: Motion to Intervene

NAME, by counsel, respectfully prays that he be permitted to intervene in this case as a party
plaintiff/party-defendant on the ground that he has legal interest in the matter under litigation and that he may
be adversely affected in these proceedings as shown in the attached Complaint-in-Intervention/Answer-in-
Intervention.

WHEREFORE, it is respectfully prayed that ______________ be allowed to intervene as party


plaintiff/party defendant and the attached complaint or answer in intervention be admitted and that herein
intervenor be allowed to serve copy of the same to the plaintiff/defendant.

Form 44: Motion for New Trial

Defendant/Plaintiff, by counsel, respectfully moves that the decision of this Honorable Court dated _________
and received on _________ be set aside and new trial be granted on the following grounds:

(Here give the grounds provided for in Rule 37, Rules of Court; such as fraud, accident, mistake, or newly
discovered evidence or excessive damages awarded)

ARGUMENTS

(Here set forth the reasons in support of the ground/s mentioned)

WHEREFORE, it is respectfully prayed that the decision of this Honorable Court be set aside and new
trial be granted.

Note: Grounds for filing a Motion for New Trial include:


1. Fraud
2. Accident
3. Mistake
4. Excusable negligence
5. Newly discovered evidence which with reasonable diligence have discovered and produced at the trial, which
if presented will alter the results.

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LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 45: Motion for Extension

1. That on _____ he received a copy of a summons in the above-entitled case, with a copy of a summons
in the above-entitled case, with a copy of the complaint attached thereto, giving him a period of fifteen (15) days
within which to file his answer, or until _______;
2. That considering the numerous causes of actions raised in the complaint, and the other equally
important cases which require the almost daily attendance in court by the under-signed, he may not be able to
file the defendant’s answer by ____ and would require an additional fifteen (15) days from that day or until
______ within which to file the requisite answer;
3. That this motion is filed solely for the above reason and is not interposed for delay.

PRAYER
WHEREFORE, it is respectfully prayed that the defendant be given an extension of time of fifteen (15) days from
______ or until _______ within which to file defendant’s answer to the complaint. Other just and equitable
reliefs are also prayed.

Form 46: Motion for Bail

1. That the defendant is presently in custody of the law for the alleged commission of a capital offense
and is being detained at ____________;

2. That no bail has been recommended for his temporary release on the assumption that the evidence of
guilt is strong;

3. That the burden of showing that evidence of guilt is strong is on the prosecution and unless this fact is
satisfactorily shown, the defendant may be granted bail at the court’s discretion.

WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant be admitted to bail
in such amount as this Honorable Court may fix.

Form 47: Motion to Quash

Accused, by counsel, respectfully moves to quash the information filed against him on the ground that:

Lack of Jurisdiction
Prescription
Facts alleged do not constitute an offense, etc.

ARGUMENTS
(Here set forth the reasons in support of the motion to quash)

WHEREFORE, it is respectfully prayed that the information filed against the accused be dismissed.

Form 48: Demurrer to Evidence

Accused, __________________, through counsel, and pursuant to leave granted by this Honorable Court, in its order
dated _____________ respectfully submits this motion to dismiss by way of demurrer to evidence and alleges that:

THE INDICTMENT
THE EVIDENCE FOR THE PROSECUTION
ARGUMENTS
(why the case should be dismissed; insufficiency of evidence should be among those enumerated showing why the same
is insufficient)

WHEREFORE, it is respectfully prayed that the case against the accused be dismissed.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
211
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

3. COMPLAINT

Form 49: Complaint

COMPLAINT

Plaintiff, by counsel, respectfully alleges:

1. That the plaintiff is of legal age, single and a resident of ______, while the defendant is of legal age,
single and a resident of _______ where he may be served with summons;

2. That on _______ (date), defendant obtained a loan from the plaintiff in the amount of ________
Pesos (Php__________) for which he executed and delivered to plaintiff a promissory note, a copy of which is
hereto attached as “Annex A”, and made part of this complaint, to wit:

(copy promissory note)

Date_____________

P___________

__________ after date, I ______, promise to pay to the order of _______, the sum of ________ pesos
(Php_____________).

____________
M
aker

3. That despite the lapse of the period for the payment of the amount stated in said note, defendant has
not paid the same, or any part thereof or interest thereon;

WHEREFORE, it is respectfully prayed that judgment be rendered in favor of plaintiff and against defendant
for the sum of _____________ (total sum of the promissory notes) Pesos (Php________) with interest at the rate
of twelve per centum (12%) per annum on each of the aforesaid notes, until paid; interest at the legal rate on the
interest due from the time of the filing of the complaint and attorney’s fees plus costs.

Such other reliefs as may be just and equitable under the premises are likewise prayed for. ________

City, Philippines, this _____ day of _______2012.

Name ____________________________
Office Address ____________________
Roll of Attorney No. ________________
PTR No.___, ___ (date and place of issue)
IBP No. ____, ___ (date of issue) (chapter)

VERIFICATION with CERTIFICATION OF NON-FORUM SHOPPING

212
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Following the above format, the body and prayer for other types of Complaints should be as follows:

1. That the plaintiff and the defendant are both of age and residents of _____________;
2. That the said parties are co-owners, by virtue of intestate inheritance from their deceased parents, of
certain real properties located in ______________, more particularly described as follows, to wit:

(description of the estate which partition is demanded)

3. That the plaintiff desired that the above real estate be partitioned between the plaintiff and the
defendant;

4. That the plaintiff has requested of the defendant that the above-described real estate be amicably
partitioned between them by mutual agreement, but said defendant refused and continued to refuse to do so.

WHEREFORE, it is respectfully prayed:

1. That after due hearing, the partition of the above-described real estate be ordered between the plaintiff
and the defendant, share and share alike;
2. That the costs and expenses of these proceedings be taxed solely against the defendant.
3. Other reliefs just and equitable under the premises are likewise prayed for.

Form 50: Complaint for Unlawful Detainer

1. That Plaintiff is married, Filipino citizen and residing at _________-- where he may be served with court
processes, motions and decisions while defendant is a Filipino citizen, married and residing at _______ where he
may be served with summons and other court processes;

2. That plaintiff is the owner of a land over which an apartment had been constructed, located at ______;

3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid apartment for a
consideration so _______________ (Php__________) a month as rental to be paid within the first ten (10) days of
each month starting ______ (date);

4. That defendant failed to pay the agreed rental for several months starting from ______ up to present;

5. That on ______, plaintiff sent a letter of demand to vacate the apartment which was received by the
defendant as shown in the registry return receipt hereto attached;

6. That despite said letter of demand which was repeated by oral demands defendant failed and still
refused to pay the agreed rentals and to vacate the apartment;

7. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid rentals,
plaintiff was compelled to file this complaint engaging the services of counsel in the amount of ______;

WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defendant to vacate the
premises to pay the unpaid monthly rentals in the amount of ______ and further rentals until the said defendant
fully vacates the premises and to pay the costs of the suit.

Plaintiff prays for such other reliefs, as the Honorable Court may deem just and equitable under the
premises.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
213
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 51: Complaint for Replevin


1. That both the plaintiff and the defendant are of age and residents of ______________;
2. That said plaintiff is the lawful owner of a personal property, namely, _____________, valued at
_____________ and more particularly described as follows:

(description of property)

3. That on or about the ____ day of _____, herein defendant borrowed said property from Plaintiff
promising to return the same the next day;
4. That on _____, and for ten (10) days thereafter, the herein Plaintiff demanded for the return of the said
property but despite repeated demands, said Defendant refused and still refuses the said property claiming that
the same belongs to him;
5. That plaintiff, in accordance with the Rules of Court, hereby applies for an order for the delivery of said
________________- and hereby files the necessary affidavit and bond hereto attached, as “Annex
A” and “Annex B”, respectively, and made integral parts of this application and complaint;
6. That the herein plaintiff is ready and willing to file a bond, executed to the defendant in double the
value of the property stated above, for the return of the property to the Defendant if the return thereof be
adjudged and for the payment to the Defendant of such sum as he may recover from the Plaintiff in the action.

WHEREFORE, it is respectfully prayed:

1. That the property in question be ordered delivered to the plaintiff or if material delivery be not possible,
that defendant be ordered to pay the plaintiff its actual value, namely the sum of _________.

2. That the defendant be made to pay the costs of this suit, and plaintiff be granted such other equitable
relief consistent with law and equity.

Form 52: Complaint for Interpleader

CAPTION AND TITLE


COMPLAINT

1. Averment of names, personal circumstances and residences of the parties;


2. That on December 18, 2000, XYZ took a life insurance policy for P2 million from the plaintiff and that the
primary beneficiary designated was simply “wife”;
3. That said XYZ died intestate on June 30, 2008;
4. That both defendants, claiming to be the wife of XYZ, filed their respective claims with the plaintiff;
5. That the plaintiff is ready, willing and able to pay the proceeds of such insurance policy, however, it has
no means of knowing definitely to whom as to the two defendants payment should be made;
6. That defendants should interplead and litigate their conflicting claims to the insurance proceeds.

PRAYER

WHEREFORE it is respectfully prayed that judgment issue:

1. Ordering defendants to interplead and litigate their conflicting claims between them;
2. Ordering the deposit with this Honorable Court the insurance proceeds and that the plaintiff be
discharged from whatever claims that may be had against it relative to the life insurance policy of XYZ.

Other just and equitable reliefs are also prayed.

PLACE AND DATE

COUNSEL’S NAME,
ADDRE
SS, etc.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

214
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

4. ANSWER 1. Admissions and denials


2. Special and affirmative defenses
Q: What is an answer? 3. Counterclaim

A: An answer is a pleading in which a defending Note: The plus in an answer is a statement of copy
party sets forth his defenses. (Sec. 4, Rule 6, RRC) furnished the adverse party. When an actionable
document has to be denied, verification has to be
Q: What does the body of an answer contain? added to the answer. If it includes a permissible
counterclaim, a certification of non-forum shopping
A: The body of an answer usually has three parts must also be added.

Form 53: Answer with Special and Affirmative Defenses and Counterclaim

ANSWER

Defendant, by counsel, respectfully alleges:

1. Defendant admits the averment in paragraph 1, 2 and 3 of the complaint;


2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being that
(state here the fact being claimed by the defendant as the true state of facts or the truth being those stated in the
special and affirmative defenses herein set forth);
3. Defendant has no knowledge or information to form a belief as to the truth of the averment on
paragraphs 5, 6, 7 and 8 of the complaint;

By way of special and affirmative defenses, defendant avers:


4. (state defenses, e.g. that the obligation has already been paid)

By way of counterclaim, defendant alleges:


5. (state counterclaim, e.g. attorney’s fees at Php50,000.00)

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the
amount of _________________ Pesos (Php____________). Other reliefs just and equitable under the premises
are likewise prayed for.

________ City, Philippines, this _____ day of _______2012.

Name
____________________________
Office
Address_____________________
Roll of Attorney No.
________________
PTR No.___, ___ (date and place of
issue)
IBP No. ____, ___ (date of issue)
(chapter)
MCLE Compliance No.
_______________
Copy furnished:
_________________________________
Name and Address of adverse counsel

PROOF OF SERVICE (affidavit of service by mail)


EXPLANATION

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
215
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Following the above format, the body and prayer for other types of Answer should be as follows:

Form 54: Answer with Third Party Complaint

1. He admits the allegations contained in paragraph 1 of the complaint;


2. He admits paragraphs 3 and 4 of the complaint;
3. He admits partially the allegations of paragraph 3 of the complaint in the sense that he signed a
promissory note for five thousand (Php5,000.00) Pesos, but he qualifies his admission in the sense that not a
single centavo of the loan was used by him, he being only an accommodation maker;
4. He admits that the loan is now long overdue but he specifically denies that he has failed and refused to
pay the same, because he did not get anything out of the loan, as it was Jose Maximo who pocketed the whole
amount of said loan;
5. He admits that he has not paid any interest on said loan, because he had no obligation of paying said
interest, the whole amount having accrued to the benefit of Jose Maximo;
6. He specifically denied the allegations of paragraph 7 of the complaint, because his failure to pay the
loan is not justified nor was there any refusal on his part;
7. He has no knowledge or information to form a belief as to the truth of paragraph 8 of the complaint
and therefore, he specifically denies the same.

BY WAY OF THIRD-PARTY COMPLAINT, he alleges:

1. Third-party plaintiff is of legal age, married and with residence and postal address at
________________;
2. Defendant Jose Maximo is likewise of legal age, and he may be served with summons at
_____________;
3. (here state the circumstances how Jose Maximo got involved)

BY WAY OF SPECIAL AND AFFIRMATIVE DEFENSES TO THE COMPLAINT, defendant alleges:

1. The complaint states no cause of action, because the obligation has been satisfied, for, on
___________, the plaintiff proceeded before the notary public _______________ for the sale of the 100 shares of
stock put up as collateral of the loan mentioned in “Annex A” of plaintiff’s complaint;
2. Defendant was only an accommodation maker, as may be seen from the promissory note itself that
the amount of Php5,000.00 was credited to Jose Maximo which reads as follows: “Please credit
Php5,000.00 to Jose Maximo”;

WHEREFORE, it is most respectfully prayed that judgment be rendered as follows:

1. Dismissing plaintiff’s complaint for failure to state a cause of action, the obligation having been fully
satisfied;
2. Ordering the plaintiff to pay the costs, and granting unto defendant such other remedy which this
honourable Court may deem proper.

ON THE THIRD-PARTY COMPLAINT

1. That summons be issued against third-party defendant, Jose Maximo;


2. That after sue hearing, he be sentenced to pay the defendant whatever amount this Honorable Court may
order him to pay unto the plaintiff;
3. That he be ordered to pay unto third-party plaintiff the sum of Php5,000.00 as and for attorney’s fees;
4. That Jose Maximo be ordered to pay the costs; Third-party plaintiff prays for such other relief that may be
reasonable in the premises.

216
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 55: Answer with Specific Denial of Document Under Oath

THAT defendant, by counsel, specifically denies under oath the genuineness and due execution of the
instrument a copy of which is attached to Plaintiff’s complaint as Annex “A”, the truth being that his signature
thereon is forged and that he did not in fact sign the said instrument.

5. PETITIONS

Form 56: Petition for Adoption

CAPTION/TITLE

PETITION

PETITIONERS, by counsel, respectfully state that:

1. Petitioners are husband and wife, both of legal age, and residents of _________;
2. They have no legitimate children of their own and desire to jointly adopt a minor named
_______________, ______ years old, the legitimate child of _______;
3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they
have not abandoned the minor child. With full knowledge of petitioner’s intention they have expressly
given their written consent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A;
4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they
are also morally qualified to bring up and educate the said minor;

WHEREFORE, it is respectfully prayed that judgment be rendered in petitioner’s favor adjudging


the minor child _______ freed from all legal obligations of obedience and maintenance with respect to his/her
natural parents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and
that his/her surname be changed to that of the petitioners.

________ City, Philippines, this _____ day of _______2012

Name _______________________________
Appointment No. _____________________
Roll of Attorney No. ___________________
PTR No.____, ____ (date and place of issue)
IBP No. ____, ____ (date of issue) (chapter)
Office Address________________________
Email Address ________________________
Contact No. __________________________
MCLE Compliance (or Exemption) No._____

VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

Q: What shall the petition contain? 6. Personal circumstances of the relatives of


the minor within the fourth civil degree
A: and reasons having himself the care and
1. Jurisdictional facts custody
2. Personal circumstance of the ward 7. Probable value, character and location of
3. Ground for guardianship property
4. Death of parents of the minor or 8. Personal circumstances of the prospective
termination or suspension of parental guardian
authority 9. Verification and certification of non-
5. Remarriage of minor’s surviving parent forum shopping

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
217
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Following the above format, the body and prayer for other types of Petitions should be as follows:

Form 57: Petition for Guardianship

1. That he is the father of the minor _____;


2. That minor _____ is presently a resident of the City of _____;
3. That minor ______ is the owner of a parcel of land located in the City of Manila valued at ________
Pesos (Php_______) and as such minor can make no transactions regarding the same;
4. That the nearest of kin of minor _____ are the following:

(here mention the nearest kin and their addresses)

5. That due to the minority of the said ______, it is necessary and convenient that a guardian over his
person and property be appointed;
6. That, as above states, _______ is the person having the said minor in his care, and that he possesses all
qualifications of a person to whom letters of guardianship should issue.

(furnish a bond of not less than 10% of the value of the property or annual income if it exceeds P50,000.00)

WHEREFORE, it is respectfully prayed that, after due notice and hearing, petitioner be appointed
guardian over the estate of ______.

Q: What is habeas corpus?


Q: Who files the petition for writ of habeas
A: This is a writ directed to a person detaining corpus?
another and commanding him to produce the body
of the prisoner at a certain time and place and to A: It is filed by the party for whose relief it is
state the cause of his capture and detention. intended, or by some person on his behalf.
Habeas corpus is a remedy to relieve persons from
unlawful restraint.

Form 58: Petition for Habeas Corpus

1. That he is the father of Y, who is presently in the custody of Z, maternal grandmother of Y, who (Z)
forcibly abducted him (Y) and up to now actually restrains him (Y) of his liberty;
2. That despite demands, Z refuses to turn over the custody to petitioner;

WHEREFORE, it is respectfully prayed that an order be issued to Z to bring the minor to this Honorable Court
at the hour and date to be set by this Honorable Court, and thereafter that the custody of the minor Y be turned
over to the petitioner.

Q: What is Writ of Amparo? 1. Any member of the immediate family,


namely, the spouse, children and parents
A: It is a remedy available to any person whose of the aggrieved party
right to life, liberty and security is violated or 2. Any ascendant, descendant or collateral
threatened with violation by an unlawful act or relative of the aggrieved party within the
omission of a public official or employee, or of a fourth civil degree of consanguinity or
private individual or entity. The writ shall cover affinity, in default of those mentioned in
extralegal killings and enforced disappearances or the preceding paragraph
threats thereof. (Sec 1, Rule on the Writ of Amparo) 3. Any concerned citizen, organization,
association or institution, if there is no
Q: Who may file? known member of the immediate family
or relative of the aggrieved party. The
A: It may be filed by the aggrieved party or by any filing of a petition by the aggrieved party
qualified person or entity in the following order: suspends the right of all other authorized
parties to file similar petitions. Likewise,

218
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

the filing of the petition by an authorized A: The petition may be filed on any day and at any
party on behalf of the aggrieved party time with the RTC of the place where the threat, act
suspends the right of all others, observing or omission was committed or any of its elements
the order established herein. (Sec. 2, Writ occurred, or with the Sandiganbayan, the Court of
of Amparo) Appeals, the Supreme Court, or any justice of such
courts. The writ shall be enforceable anywhere in
Q: Where is the petition filed? the Philippines.
(Sec. 3, Writ of Amparo)

Form 59: Petition for Writ of Amparo

1. That petitioner is a Filipino citizen, of legal age, with address at ________ and the respondent is a
Filipino citizen, of legal age, with address at _________;
2. That the petitioner, ______, in whose behalf this application is being made, is actually restrained of
his liberty by the respondent, _____ at the latter’s residence at _________;
3. (State facts pertaining to the right to life, liberty and security of the aggrieved party violated or
threatened with violation by the unlawful act or omission of the respondent, and how such threat or violation is
committed with the attendant circumstance detained in supporting affidavits);
4. (The investigation conducted, if any, specifying the names, personal circumstances and addresses of the
investigating authority or individuals, as well as the manner and conduct of the investigation together with any
report);
5. (The actions and recourses taken by the petitioner to determine the fate and whereabouts of the
aggrieved party and the identity of the person responsible for the threat, act or omission).

PRAYER

WHEREFORE, petitioner respectfully prays that a WRIT OF AMPARO be issued by this Honorable Court,
ordering respondents ________ to immediately release from their custody the person of _________ to
petitioners if still alive, or if already dead, to show the place where his remains is placed or buried and to pay the
petitioner _____________.

(may also include prayer for:


1. Order enjoining respondent from doing harm or harassment.
2. Order allowing inspection by the court of the premises
3. Order respondents to produce documents to or in their custody related to the detention.)

Form 60: Petition for Habeas Data

I
NATURE OF THE PETITION

1. This is a petition for the writ of habeas data filed under A.M. No. 08-1-16-SC, also known as the Rule on
the Writ of Habeas Data to require the respondent/s to produce and, if necessary update and rectify, or, in the
alternative, suppress or destroy information within its control and/or contained in its database, which relates to
petitioner, his/her family, his/her home and his/her correspondence.
2. Petitioner respectfully submits that respondent obtained the information through an unlawful act, has
unjustifiably failed to disclose the information to petitioner, and/or has unjustifiably refused to update, rectify,
suppress or destroy the information.
3. This act or omission of respondent to comply with petitioner's demand is a violation of, or poses a
threat of violation to, petitioner's right to privacy in life, liberty and security.
4. In view of the foregoing, petitioner brings this petition before this Honorable Court praying that the
respondent be required to cause the immediate production of the information requested so that the same may
be revealed to petitioner for proper updating, rectification or, in the alternative, for its suppression or
destruction, whatever may be necessary to protect petitioner's privacy.
5. Finally, petitioner respectfully submits that he/she is an indigent person and prays that this Honorable
Court exempt him/her from docket and other legal fees in this case, subject to the submission of proof of his/her
indigency within fifteen days from the filing of this petition.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
219
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

II
PARTIES

6. Petitioner is a Filipino, of legal age, and residing at [state address]. He/She may be served with notices
from this Honorable Court through his/her undersigned counsel.
7. Respondent is being impleaded in his capacity as a public officer or employee, in charge of the
information or database of [state office], which office is engaged in the gathering, collecting, and storing of data.
He/She may be served summons and other processes of this Honorable Court at the [state office address].
Respondent is of legal age, residing at [state address] and is engaged in the gathering, collecting, and storing of
data. He/She may be served summons and other processes of this Honorable Court at the [state office address].
8. Respondent is a corporation organized and existing by virtue of the laws of the Republic of the
Philippines. It is engaged in the gathering, collecting, and storing of data. It may be served summons and other
processes of this Honorable Court at [state office address].

III
MATERIAL ALLEGATIONS

9. Petitioner is a citizen of the Republic of the Philippines whose right to privacy is protected by the Bill of
Rights found in Article III of the 1987 Philippine Constitution, which provides:

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise as prescribed by law.

Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in
any proceeding.

Section 7. The right of the people to information of matters of public concern shall be recognized.

Access to official records and documents, and papers pertaining to official acts, transactions, or decisions
as
well as to government research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.

10. Also, in Lourdes T. Marquez vs. Hon. Aniano A. Desierto, et al., this Honorable Court had occasion to
rule:
Zones of privacy are recognized and protected in our laws. The Civil Code provides that "[e]very person
shall
respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons" and
punishes
as actionable torts several acts for meddling and prying into the privacy of another. It also holds a public
officer or employee or any private individual liable for damages for any violation of the rights and liberties
of
another person, and recognizes the privacy of letters and other private communications. The Revised Penal
Code makes a crime of the violation of secrets by an officer, the revelation of trade and industrial secrets,
and trespass to dwelling. Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law,
the
Secrecy of Bank Deposits Act, and the Intellectual Property Code. (G.R. No. 135882, June 27, 2001.)

11. Finally, Republic Act 6713, known as the Code of Conduct and Ethical Standards for Public Officials and
Employees, makes it a duty of every public officer and employee to allow the inspection of all public documents,
and to respond to requests within fifteen days. Viz:

Section 5. Duties of Public Officials and Employees. — In the performance of their duties, all public
officials
and employees are under obligation to:

(a) Act promptly on letters and requests. — All public officials and employees shall, within fifteen (15)

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LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

working days from receipt thereof, respond to letters, telegrams or other means of communications sent
by
the public. The reply must contain the action taken on the request.
xxx xxx xxx

(e) Make documents accessible to the public. — All public documents must be made accessible to, and
readily available for inspection by, the public within reasonable working hours.

12. On [date], petitioner requested access to all information held about him/her by the respondent,
within fifteen days from respondent's receipt. A copy of the written request is attached as Annex "A".
13. The period given to respondent to allow petitioner access to its database has already lapsed.
14. As a result of respondent's failure or unjustifiable refusal to allow access to its database, petitioner’s
right to privacy is being violated.
15. The use and possible dissemination of the information held by respondent is an unlawful intrusion into
petitioner's privacy, which intrusion threatens to ultimately violate petitioner's right to life, liberty and security.
16. The information which remains hidden from petitioner is in the database of respondent located in the
following offices: [state the offices or known location of the information].

PRAYER

WHEREFORE, petitioner prays that this Honorable Court give due course to this petition and issue the
writ of habeas data and rule, as follows:
1. Upon the filing of the petition, ENJOIN respondent from disseminating the information;
2. Upon notice and hearing, ORDER respondent to:
a. Produce the information in its possession regarding petitioner's person, his/her family, home
and
correspondence;
b. Correct, suppress or destroy the information in its database, whatever may be applicable as
determined by this Honorable Court; and
c. Rectify the damage caused to petitioner's reputation by making a public apology to petitioner,
which shall be circulated in the manner and to such persons as the petitioner may deem
appropriate.

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

Q: What is the writ of habeas data? when the action concerns public data files of
government offices.
A: It is a remedy available to any person whose
right to privacy in life, liberty or security is violated Q: Who may file a petition for the writ of habeas
or threatened by an unlawful act or omission of a data?
public official or employee, or of a private individual
or entity engaged in the gathering, collecting or A: Any aggrieved party may file a petition for the
storing of data or information regarding the person, writ of habeas data. However, in cases of extralegal
family, home and correspondence of the aggrieved killings and enforced disappearances, the petition
party. may be filed by:
1. Any member of the immediate family of
Note: The petition may be filed with the RTC where the aggrieved party, namely: the spouse,
the petitioner or respondent resides, or that which has children and parents
jurisdiction over the place where the data or 2. Any ascendant, descendant or collateral
information is gathered, collected or stored, at the relative of the aggrieved party within the
option of the petitioner. fourth civil degree of consanguinity or
affinity, in default of those mentioned in
The petition may also be filed with the Supreme the preceding paragraph
Court or the Court of Appeals or the Sandiganbayan

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
221
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 61: Petition for Change of Name

1. That the petitioner is of age, single/married, and a resident of ___________;


2. That he has been a bona fide resident of the province of _______ since year ______ or for at least three
(3) yeas prior to the date of the filing of this petition;
3. That his present name is______________;
4. That the petitioner is also knows as (a.k.a.) __________________;
5. That (here state the reason for which the change of petitioner’s name is sought);
6. That petitioner requests that his present name be change to ______;

WHEREFORE, it is respectfully prayed that, after due notice and publication in accordance with the Rules
of Court, and hearing this Honorable Court adjudge that the petitioner’s name of _____________ be
change to _________________.

Q: Who shall file the petition for change of name?


Q: What are the grounds for change of name?
A: A person desiring to change his name shall file
his petition to the RTC of the province in which he A:
resides or in the City of Manila, to the Juvenile and 1. Name is ridiculous, dishonorable and
Domestic Court or RTC. extremely difficult to pronounce
2. Change of name is a legal consequence as
Q: What shall the petition contain? in legitimation
3. When the change will avoid confusion
A: It shall be signed and verified by the person 4. Having continuously used and been
desiring to change his name or some other persons known since childhood by a Filipino name,
in his behalf. The petition shall set forth: unaware of her alien parentage
1. That the petitioner has been bona fide 5. A sincere desire to adopt a Filipino name
resident of the province where the to erase signs of former alienage, all in
petition is filed for at least three (3) years good faith and without prejudicing
prior to the date of such filing anybody
2. The cause for which the change of the 6. When the surname causes
petitioner’s name is sought embarrassment, and no fraudulent
3. The name asked for purpose is intended for such change

Form 62: Petition for Certiorari

1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public
and private respondents);
2. That (state the facts and circumstances under which the respondent tribunal, board or officer,
exercising judicial functions) has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in
the exercise of his judicial functions (including your arguments);
3. That (state that there is no appeal from such decision or any plain, speedy and adequate remedy in the
ordinary course of law);
4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as
“Annex A”, together with copies of all pleadings and documents relevant and pertinent thereto.
5. That (state the material dates showing when notice of judgment or final order or resolution subject
thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial
thereof was received).

WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued annulling the judgment or order herein
complained of (with prayer for a preliminary injunction as the case may be, for the protection of the rights of
petitioner pending such proceedings), and after due hearing, that judgment be rendered annulling or modifying
the decision or order subject of this petition and the proceedings of (the defendant tribunal, board or officer),
with costs against private respondent.

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LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 63: Complaint Declaratory Relief

(Caption and Title)

COMPLAINT

PLAINTIFF, thru counsel, respectfully avers that:

1. (State the capacity, civil status, and residence of the plaintiff and defendant/s, who have or claim any
interest which would be affected by the declaration.)
2. (State the deed, will, contract, or statute or ordinance under which a declaratory relief is sought.)
3. (State or quote in full the particular parts of the instrument or statue or ordinance which affect the
rights of the plaintiff, or in which he is particularly interested.)
4. (If the plaintiff or petitioner attacks the validity of the statute, state why such law is invalid or
unconstitutional.)
5. (State or show why the plaintiff is interested under such instrument, or how his rights are affected by
such statute or ordinance.)
6. (Make an allegation that the declaration by the court on this question is necessary and proper at the
time all the circumstances, and that the declaration would terminate the uncertainty or controversy which gave
rise to the action.)

WHEREFORE, it is respectfully prayed of this Honorable Court to determine the validity of the statue in
question (or the construction of the instrument in question) and to declare plaintiff’s rights and duties
thereunder.

(Venue, date, signature)

(VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)

Q: What is declaratory relief? statute, executive order or regulation, or ordinance


before breach or violation thereof in order to
A: It is a special civil action instituted by any person determine any question of construction or validity
interested under a deed, will, contract, or other arising under the instrument or statue and for a
written instrument, or whose right are affected by declaration of his right or duties thereunder.

Form 64: Petition for Prohibition

1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public
and private respondents);
2. That (state the facts and circumstances under which the respondent-tribunal, board or officer,
exercising judicial functions, has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in
the proceedings complained of);
3. That (state that there is no appeal from such act or any plain, speedy and adequate remedy in the
ordinary course of law);
4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as
“Annex A”, together with copies of all pleadings and documents relevant and pertinent thereto.
5. That (state the material dates showing when notice of judgment or final order or resolution subject
thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial
thereof was received).

WHEREFORE, it is respectfully prayed, that pending the proceedings in the action, a preliminary injunction be
granted ordering the respondent _________ to desist and refrain from further proceedings in the premises, and
that after due notice and hearing, a Writ of Prohibition be issued commanding the said respondent to desist
absolutely and perpetually from further proceedings (in the action or matter in question), with costs.

________ City, Philippines, this _____ day of _______2012.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
223
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Q: What is prohibition? speedy, and adequate remedy in the ordinary


course of law. All these must be alleged by the
A: It is a special civil action directed against any plaintiff through a verified petition filed in a proper
tribunal, corporation, board or person whether court and praying that judgment be rendered
exercising judicial or ministerial functions claiming commanding the defendant to desist from further
that said tribunal, corporation, board or persons proceedings in the action or matter specified
acted without jurisdiction or with grave abuse of therein. (Suarez, 2007)
discretion and there is no appeal, nor any plain,

Form 65: Mandamus

1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public
and private respondents);
2. That (state the facts and circumstances under which the respondent-tribunal, board or officer)
unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an
office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the
petitioner is entitled;
3. That the petitioner has no other plain, speedy and adequate remedies in the ordinary course of law
other than this action;
4. That (state the material dates showing when notice of judgment or final order or resolution subject
thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial
thereof was received).
5. That the petitioner by reason of the wrongful act of the respondent has sustained damages in the sum
of __________ Pesos (Php___________);

WHEREFORE, it is respectfully prayed, that after due notice and hearing, a Writ of Mandamus be issued,
commanding the respondent forthwith to: (here state the act required to be done, with damages and costs.)

Q: What is mandamus? and there is no other plain, speedy, and adequate


remedy in the ordinary course of law. All these
A: It is a special civil action directed against any must be alleged by the plaintiff through a verified
tribunal, corporation, board or person claiming that petition filed in a proper court and praying that
said tribunal, corporation, board or person has judgment be rendered commanding the defendant
unlawfully neglected the performance of an act immediately or at some other specified time to do
which the law specifically enjoins as a duty resulting the act required to be done to protect the life of
from an office, trust or station or has excluded the petitioner and to pay the damages sustained by
another from the use and enjoyment or the right or the petitioner by reason of the wrongful acts of the
office to which such person is entitled form the use defendant.

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LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 66: Probate of Will

Petitioner, by counsel, respectfully avers:

1. That the petitioner, of legal age and resident of ______, is the executor named in the last will and
testament of _______, deceased who died in ______, on ______;
2. That the said last will and testament (photostatic copy only) is hereto attached as Annex “A” and made
an integral part of this petition, the original thereof to be presented to this Honorable Court at the time
of the probate;
3. That the subscribing witnesses to said will are _____, _____, _____, all of whom are residents of
________;
4. That the decedent is an inhabitant of the Philippines and a resident of _______ at the time of his death;
5. That the petitioner, named in the will as executor thereof, is legally qualified to act as such and hereby
consents and agrees to accept said trust;
6. That the following persons, all of age, have been named in the said will as devisees of the deceased, to
wit: ___________
7. That the property left by the deceased consists of the real and personal property, the gross value of
which is _______;
8. That the testator, at the time of the execution of the said will, was _____ years old, of sound and
disposing mind, and not acting under duress, fraud, or undue influence and was in every respect capacitated to
dispose of his estate by will.

WHEREFORE, it is respectfully prayed:

1. That, upon proper notice and hearing, the above-mentioned Will be admitted to probate;
2. That letters testamentary (or of administration) be issued to herein petitioner, without bond;
3. That such other relief be granted as may be deemed just and equitable in the premises.

________ City, Philippines, this _____ day of _______2012.

Name
_______________________________
Appointment No.
_____________________
Roll of Attorney No.
___________________
PTR No.____, ____ (date and place
of issue)
IBP No. ____, ____ (date of issue)
(chapter)
Office
Address________________________
Email Address
________________________
Contact No.
__________________________
MCLE Compliance (or Exemption)
No._____

VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
225
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 67: Quo Warranto

1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public
and private respondents);
2. That (state fully and clearly the facts and circumstances showing that the defendant is in unlawful
possession of a public office and that the plaintiff is entitled to hold the same)
3. That (state that the plaintiff has demanded of defendant to vacate the office in question and to deliver
the same to the plaintiff, but the defendant unlawfully refused);

WHEREFORE, it is respectfully prayed:

1. That a writ of quo warranto be issued ousting and altogether excluding the defendant from the office of
_________;
2. That the plaintiff be declared entitled to said office and that he be placed forthwith in possession
thereof;
3. That the plaintiff recovers his costs.

Form 68: Petition for Extradition

In view of the Extradition Treaty entered into between the Republic of the Philippines and (country where the fugitive is),
effective (date of effectively of the treaty), the Solicitor General of the Republic of the Philippines requests that the (officer-in-
charge) of the (state where the fugitive is found) issue a requisition for the return of a fugitive who is charged with violations of
the (specific offense) and with being a fugitive from justice. I offer the following information to request that the (country) law
enforcement officer(s) cited herein be empowered as authorized agents to receive and return the fugitive to the Republic of the
Philippines.

In support of this application, I certify that:

1. The fugitive who is the subject of this application was in the republic of the Philippines at the time of the commission
of the crime;
2. In my opinion, the end of justice required that this fugitive be brought to the Republic of the Philippines at public
expense for trial;
3. In my opinion, I have sufficient evidence to secure the conviction of the fugitive;
4. The Philippine law enforcement officer(s) who are proposed to receive and return the fugitive are qualified to do so
and have no private interest in the arrest of the fugitive;
5. No other application has been made for a requisition of this fugitive growing out of the same transaction herein
alleged;
6. This fugitive is not known to be under either civil or criminal arrest in my jurisdiction, except as set forth in this
application;
7. This application is not made for the purpose of enforcing the collection of a debt, for removing the fugitive to a
foreign jurisdiction with a view there to serve him with civil process or for any private purpose whatsoever. If this application for
requisition is granted the criminal proceedings shall not be used for any other purpose not set forth in this application;
8. There has been no avoidable delay in making this application;
9. The fugitive has been indicted;

FULL NAME AND GENDER OF THIS FUGITIVE AND ALL KNOWN ALIASES.

JURISDICTION THAT WILL BE RENDERING THIS FUGITIVE:

TITILES, FIRST AND LAST NAMES AND GENDERS OF QUALIFIED PHILIPPINE LAW ENFORCEMENT OFFICERS WHO ARE TO BE
EMPOWERED TO RECEIVE AND RETURN THIS FUGITIVE TO THE PHILIPPINES

NAME IF OTHER JURISDICTION IN WHICH THIS FUGITIVE IS KNOWN TO BE UNDER CIVIL OR CRIMINAL ARREST

A LISTING OF THE NATURE OF EACH CRIME THAT THIS FUGITIVE IS CHARGED WITH COMMITTING INCLUDING THE CITATIONS OF
WHAT SECTION OF THE PHILPPINE LAWS FOR THE CRIME AND THE PUNISHMENT THEREFORE,

DATE OF THIS FUGITIVE’S ARREST BY THE RENDERING JURISDICTION NAME OF THE RENDERING JURISDICTION

This application is submitted this ____ day of ______ 2012.

_________________________
Solicitor General

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LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

6. CRIMINAL ACTIONS

Form 69: Criminal Complaint-Affidavit

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____, QUEZON CITY

THE PEOPLE OF THE PHILIPPINES,


Complainant,

-versus- Criminal Case No._____________


xxx For: ________________________

Accused,
x--------------------------------------------x

CRIMINAL COMPLAINT

The undersigned accuses ________________ of the crime of ______________, committed as follows:

(Here set out the time and place, when and where the crime is committed, and the facts constituting the
offense.)

Contrary to law.

________________________
Complainant

VERIFICATION

A preliminary investigation has been conducted in this case under my direction, having examined the
witnesses under oath.

(MTC Judge)

Witnesses:

Note: A complaint affidavit is in the form of an affidavit, narrating the facts and circumstances surrounding the alleged
crime, based on the point of view of the complainant. The narration may also include the elements of the crime as
applied in the set of facts or circumstances.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
227
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Form 70: Counter- Affidavit

CAPTION

COUNTER-AFFIDAVIT

I, _______, of legal age, with assistance of counsel, do hereby state under oath that:

(state the circumstances)

It is utterly inexplicable that _____ would hold me liable for estafa when all that I did was to refer
______ to Mr. _____; to a certain extent, I even exerted my best efforts to see that Ms.____ was paid due simply
to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay
for an obligation.

I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even
remotely resembles ANY of the acts punished under Article 315 of the Revised Penal Code. If at all, any cause of
action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a
showing that I benefited from the Nextel units; any liability should pertain to the office of the mayor, not to me.

Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the
crime of estafa or that any crime at all has been committed. The complaint against me should, thus, be dismissed.

To the truth of the foregoing, I have signed this Counter-Affidavit on _____________.

Affiant

Jurat

Form 71: General Form of Information

[1]REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH ________, MAKATI

2]________________________,
Plaintiff,
-versus- Criminal Case No.____
I.S. No.__________
For: ____________

________________________,
Accused,

x--------------------------------------x

INFORMATION

[3] The undersigned Public Prosecutor accuses (name of accused) of the crime of (name of the crime) punishable
under (Revised Penal Code or state the special law violated) committed as follows:

[4] That on (date when crime was committed), the said accused did then and there willfully, and unlawfully
(include feloniously if it is a violation of the Revised Penal Code) (state how committed and the name of the
private offended party) in the (place where committed) within the City of (place where committed) resulting to
damage to the private offended party in the amount of (state amount).

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LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

[5] Contrary to law.


date and place

Asst. Public Prosecutor


[6]CERTIFICATION OF PRELIMINARY INVESTIGATION

I hereby certify a) that I have conducted a preliminary investigation in the case; b) that I examined the
complainant and his witnesses; c) that based on the evidence presented, there is reasonable ground to believe
that the accused is probably guilty of the offense charged; d) that I gave the accused the opportunity to submit
controverting evidence; and e) that the filing of this information has been approved by the City Prosecutor.

Asst. City Prosecutor

[7]JURAT

[8] 1st Public Prosecutor

[9]List of Witnesses:
[10]Bail Recommended:

Essential parts of information include:


[1] Heading
[2] Caption
[3] Opening sentence
[4] Body alleging the acts or omissions constituting the crime
[5] Contrary to law
[6] Certification of preliminary investigation
[7] Jurat
[8] Approval of city prosecutor if filed by assistant city prosecutor
[9] List of witnesses
[10] Bail recommended

Following the above format, you may draft the information for other crimes using the following accusatory
portions:

i. Acts of Lasciviousness

That on or about ____________, in the Municipality of ______________, Province of


_________________, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust, did then
and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness on the person of ___________ by
then and there embracing and kissing her and touching her breasts and sexual organs, against her will, and by
means of force.

ii. Serious Illegal Detention

That about and during the period beginning the _____ day of _____, 2012, in the Municipality of
______________, Province of _________________, Philippines, and within the jurisdiction of this Court, said
accused suspecting that one ____ had knowledge of the elopement of her sister, did then and there willfully,
unlawfully, feloniously and by force, take said _______, a man of 50 years old, while the latter was walking in
_______, to whom said accused detained and kept locked in his room from ____________ to ___________ or a
period of ____ days under restraint and against the will of the said ____, and said accused did, during said period
of detention, maltreat and refuse to release said ____ until the sister of the accused was found.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
229
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

iii. Simple Seduction

That on or about ____________, 2012, in _____________, Province of _____________, Philippines,


within the jurisdiction of this court, the said accused did then and there willfully, unlawfully, and feloniously, and
by means of deceit, have sexual intercourse with _________, an unmarried girl over twelve but under eighteen
years of age.

iv. Attempted Rape

That on or about _____, in __________, the accused did then and there willfully, unlawfully, and
feloniously enter the house of ____________, a married woman, and finding that her husband was away, with
lewd designs and by means of force and intimidation, commenced directly by overt acts to commit the crime of
attempted rape upon her person, to wit: while ______ was cooking lunch, the accused seized her from behind,
threw her to the floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his
sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought
her neighbors to her assistance, causing the accused to flee from the premises without completing all the acts of
execution.

v. Frustrated Murder

That on or about _____, in __________, the accused did then and there take a loaded .45 Caliber
Magnum Pistol, directly aim the same firearm at the person of ___________, an invalid septuagenarian and at
point blank range, with intent to kill, discharge the firearm twice against the person of said ___________,
inflicting on said _______ two (2) wounds on his chest and stomach, which would have been fatal had not timely
medical assistance been rendered to the said _______.

vi. Rape

That on or about _______________, Province of ___________, Philippines, within the jurisdiction of this
court, the said accused entered the house of ________ who was then and there alone, and by means of force and
intimidation, willfully, unlawfully, and feloniously did lie and succeeded in having carnal knowledge of said
___________, without her consent.

vii. Murder

That on or about _______, in the Province of _________, Philippines, within the jurisdiction of this
court, the said accused did, then and there, with malice aforethought and with deliberate intent to take the life of
___________, willfully unlawfully, feloniously, suddenly, unexpectedly, and treacherously, attack the latter with a
knife, first wounding him in the chest, and afterwards, when enfeebled and unable to defend himself, again
stabbed him in the stomach, both wounds being necessarily mortal, thereby causing the direct and immediate
death of said ________.

viii. Bigamy

That on or about _______, in the City of _________, Philippines, within the jurisdiction of this
Honorable Court, the said accused being legally married to ___________ and without such marriage having been
legally dissolved and thus valid and existing, did willfully, unlawfully and felicitously contract a second marriage
with ________ in the City of _______.

230
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

ix. Theft
That on or about _______, in the City of _________, Philippines, within the jurisdiction of this court, the
said accused, then 11 years old and without any known address, willfully unlawfully, feloniously, with intent to
gain, without force upon things or violence upon persons and without the knowledge and consent of ________,
the owner, took a gold necklace studded with diamonds valued at ____________ to the prejudice of said owner.

x. Homicide thru Reckless Imprudence

That on or about the ___ day of _____, ____, in the City of _____, the said accused, being then the
driver and person in charge of service jeepney bearing plate no. _____, did then and there unlawfully and
feloniously drive, manage and operate the said vehicle along _____ Blvd. in the City of _____, in a careless,
reckless and imprudent manner, by then and there making the vehicle run at a speed greater than was reasonable
and proper, without taking the necessary precaution to avoid accident to person or damage to property, causing
by such carelessness, recklessness, imprudence and lack of precaution the said vehicle so driven, managed and
operated by him to hit and bump, as in fact it hit and bumped Y, a pedestrian who was crossing said
_____________ Blvd., thereby inflicting upon said Y mortal physical injuries which were the direct and immediate
cause of his death soon thereafter.

xi. Anti-graft and Corrupt Practices Act (RA 3019) filed by Ombudsman

That on or about ________________ in ____________, Province of __________, Philippines, within the


jurisdiction of this court (or the Sandiganbayan depending on the salary grade of the accused), the said accused
did, then and there, with malice afterthought and with deliberate intent committed a violation of Section 3 (e) of
RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act (or whatever private complainant is
involved, you may include the amount malversed if it is the case or the specific act complained of).

xii. Information for Highway Robbery

That on (date when crime was committed), the said accused did then and there willfully, and unlawfully
(state how committed and the name of the private offended party) in the (place where committed) within the
City of (place where committed) resulting to damage to the private offended party in the amount of (state
amount).

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
231
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

D. OTHER FORMS

Form 72: Substitution of Counsel

THE UNDERSIGNED respectfully enters his appearance as counsel for defendant ________ in
substitution of former counsel ______, as shown by her express conformity below. Henceforth, kindly address all
pertinent notices to the undersigned at the address given below.

RESPECTFULLY SUBMITTED.

________ City, Philippines, this _____ day of _______2012.

Name
_______________________________
Appointment No.
_____________________
Roll of Attorney No.
___________________
PTR No.____, ____ (date and place of
issue)
IBP No. ____, ____ (date of issue)
(chapter)
Office
Address________________________
Email Address
________________________
Contact No.
__________________________
MCLE Compliance (or Exemption)
No._____

With my conformity:
_________________
Defendant

Form 73: Notice of Appeal

The defendant, (or plaintiff as the case may be) by counsel, hereby gives notice that he is appealing
from the judgment of this Honorable Court in the above-entitled case, dated ___________, a copy of which was
received by him on ________________, to the Court of Appeals.

________ City, Philippines, this _____ day of _______2012.

Name ______________________________
Appointment No. _____________________
Roll of Attorney No. ___________________
PTR No.____, ____ (date and place of issue)
IBP No. ____, ____ (date of issue) (chapter)
Office Address________________________
Email Address ________________________
Contact No. _________________________
MCLE Compliance (or Exemption) No._____

Copy furnished:
_________________________________
Name and Address of adverse counsel

PROOF OF SERVICE (affidavit of service by mail)

232
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 74: Comment/Opposition to Offer

COMMENT ON THE PROSECUTION’S


FORMAL OFFER OF EVIDENCE

THE ACCUSED, by counsel, respectfully opposes the Prosecution’s Offer of Evidence for the following
reasons:

Exhibit A, the sworn statement of “A”, the private complainant, and Exhibit A-1, his signature are
INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected
to cross-examination, thus, the document is hearsay and inadmissible.

Exhibit B, the post-dated check dated ________, issued by the accused in the amount of
__________________; Exhibit B-1, the dorsal side of the check with notation “DAIF”, Exhibit B-2, the signature of
accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was
never presented; and no basis for the presentation of secondary evidence laid.

ACCORDINGLY, the ACCUSED respectfully submits that the prosecution’s Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.

________ City, Philippines, this _____ day of _______2012.

Name
_______________________________
Appointment No. _____________________
Roll of Attorney No. ___________________
PTR No.____, ____ (date and place of issue)
IBP No. ____, ____ (date of issue) (chapter)
Office Address________________________
Email Address ________________________
Contact No. __________________________
MCLE Compliance (or Exemption) No._____

Copy furnished:
________________
Public Prosecutor
_________________
Private Prosecutor
_________________

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
233
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

1. ELECTION FORMS

Form 75: Certificate of Candidacy

CERTIFICATE OF CANDIDACY
OF
___________________

To: The Commission on Elections


Manila

Sir:
Pursuant to the requirements of the Election Code, the undersigned hereby files his certificate of candidacy for
the general elections on _______________, and states the following:

1. That his full name is ______________, also generally known with the nickname of ________;
2. That he announces his candidacy for the office of ________;
3. That he is eligible for the said office, he being a natural-born citizen of the Philippines, ____years of age,
having been born in _________ on _______, a qualified voter, and a resident of the Province of __________ and
of the city/municipality of ________ for the last ____years;
4. That his residence is ______, and that his post-office address for all election purposes is that his
profession or occupation is _______________, his civil status is _______ and that the full name of his spouse is
________;
5. That the name of the political party to which he belongs is ________;
6. That for the last two years of _____ and _____ his gross incomes, including deductions and exemptions
therefrom, income tax payment, were as follows:

(income)

______________________
Signature of
Candidate

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF ______________ )
CITY/MUNICIPALITY OF ______ ) S.S.

I, _________________, being sworn to in accordance with law, hereby declare that I will support and defend the
Constitution of the Philippines and will maintain true faith and allegiance thereto; that I will obey the laws, legal
orders, and decrees promulgated by its duly constituted authorities; that the obligation imposed by my oath is
assumed voluntarily by me, without mental reservation or purpose of evasion; and that the facts stated in this
certificate of candidacy are true to the best of my knowledge.

______________________
Signature of
Candidate

JURAT

234
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Form 76: Election Protest

PETITION

Petitioner through counsel respectfully alleges:

1. That he is a qualified voter and was one of the registered candidates voted for in the general election
held on _____________ in the Province of _______________, Philippines, within the jurisdiction of the court;
2. That according to the certificate of canvass of the provincial board of canvassers for the province of
________, the total votes for the Office of the Provincial Governor for the said province was ___________ the
respondent appearing to have received ______ votes, the petitioner ____________votes and the other registered
candidate voted for, as follows:_______________
3. That on _______, the said provincial board of canvassers proclaimed the respondent ________ elected
to the office of the provincial Governor of the province of _______;
4. That the petitioner contests the election of the said respondent on the following grounds:
__________________
5. That the petitioner is willing to give a bond, as this Honorable Court may determine to cover all
reasonable expenses and costs and damages, incidental to these proceedings;

WHEREFORE, it is respectfully prayed:

1. That upon service of summons in accordance with law, a day be set for the hearing of the protest;
2. That an order be issued to the municipal treasurers of the Municipalities of ______ to bring and present
before the Honorable Court on or before the day of the hearing of this protest the ballot boxes, copies of the
registry list, the election statements, the voter’s affidavits, and other documents used in the said
election in said municipalities, in order that this Honorable Court may re-examine and revise the same;
3. That after due proceedings, the election of the respondent, and ________________ for the office of
Provincial Governor ____________ be annulled and that the petitioner be declared duly elected instead;
4. That the expenses and costs incurred in these proceedings be assessed against the respondent.

City, Philippines, this _____ day of _______2012.

Name
_______________________________
Appointment No.
_____________________
Roll of Attorney No.
___________________
PTR No.____, ____ (date and place of
issue)
IBP No. ____, ____ (date of issue)
(chapter)
Office
Address________________________
Email Address
________________________
Contact No.
__________________________
MCLE Compliance (or Exemption)
No._____
Copy Furnished:
_________________________________
Name and address of adverse counsel
(Personal Service)

VERIFICATION

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
235
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

E. LEGAL OPINION or event involved to enable the


court or reader to see the issues
HOW TO WRITE A LEGAL OPINION: in the proper context. (Ibid.)
- narrates the transaction or
Points to remember in writing a legal opinion: event that created the legal
dispute and led to the filing of
1. Ascertain the purpose for which your the suit.
client seeks your opinion; (Abad, 2009)
2. Do pre-work.
a. Get all the facts you need for 3. THE POSITION YOU TAKE ON THOSE
forming a competent opinion; ISSUES
b. Make a summary of the
relevant facts of the case and a. State the issue or issues – this is
put them in correct sequence. the query in which the client
c. Identify the issues that have to seeks out your opinion
be resolved and rough out the concerning the facts
arguments that support your surrounding the issue. (Ibid.)
thesis; (Ibid.)
3. After pre-work, do write up.(Ibid.) b. State the position you take on
those issues - This is the part
Note: As a general rule, there is no prescribed form where you answer the query,
for Legal Opinion. However, the substance must answering based on relevant
meet certain minimum requirements of content. laws and jurisprudence. (Ibid.)
(Abad,2009)
How to create an argument?
PARTS OF A LEGAL OPINION: The legal argument is the right rule and
the right fact put together. A legal argument is
1. HEADING AND INTRODUCTION made up of three statements:
- Consist of the letterhead of the law firm, a. The statement of a rule that
date, name and address (inside address) applies to a given fact or set of
of the client, salutation and a short facts (the rule statement);
introduction. (Tabucanon, 2010) b. The statement of the fact of a
particular case that opens up
2. BACKGROUND FACTS THAT ADEQUATELY such case or closes it to the
INTRODUCE THE ISSUES IN THE CASE application of the rule (the case
- Introduce the issues by providing the fact statement); and
background of facts that are needed to c. The conclusion that the rule
understand those issues. (Abad, 2009) applies or does not apply to the
particular case (the conclusion
Note: Only as much background facts as are needed statement).
for an understanding of the issue or issues included.
(Ibid.) Knowing the essential
statements of your legal
- Standard of sufficiency in introducing an argument is important because
issue or issues of the case requires the the effectiveness of your
following: argument depends on how ably
you write up each statement of
a. The Statement of the Case your argument into a convincing
Purpose: To provide a clear and part. Knowing the essentials
concise statement of the nature of the enables you to dismantle your
action. (Ibid.) argument, reinforce or improve
- it describes the nature of the the weak parts, emphasize the
action and the proceedings it had gone strong, and put them together
through. (Ibid.) again to produce a persuasive
argument (Abad, 2009).
b. The Statement of Facts
Purpose: To provide a 4. THE ARGUMENTS THAT MAY BE MADE
background of the transaction AGAINST YOU

236
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

- List all the pertinent laws and jurisprudence - The Recommendation on the other hand
which are not in your favor to show your client answers the question: “What do you
both sides as to not incite overexcitement to a propose the client would do?” It states
winning case nor distress over a possibly losing the proposed solution to the issue. (Ibid.)
case.
The idea behind every closing statement is to
5. ARGUMENTS IN YOUR FAVOR depart on a good note after pacing your
pleading with every sort of argument in
6. CONCLUSION AND RECOMMENDATION support of your stand. The closing statement
(WHAT YOU WHAT YOUR READER TO should not appear to argue even if it may
UNDER THE CIRCUMSTANCES) appeal to the good sense of the judge
- In the Conclusion, reiterate the answer to the exercised in your favor (Abad, 2009).
question raised in the issue/issues. (Tabucanon,
2010)

ILLUSTRATION 1: LEGAL OPINION:

HEADING AND INTRODUCTION

September 14, 2011

Mr. Rogelio G. Chan


Milan Furniture Co., Inc.
245 Juan Luna Street
Binondo, Manila

Dear Mr. Chan:

Here is the opinion that you requested.

The facts, as I gathered from you and your documents, are as follows:

BACKGROUND FACTS THAT ADEQUATELY INTRODUCE THE ISSUES IN THE CASE

On May 12, 2008 you applied with the Century Bank in Binondo, Manila, on behalf of Milan Furniture
Co., Inc., for a letter of credit, Annex “A”, covering its importation of hardwood from Vietnam. On arrival of the
goods, the bank agreed to advance the payment of their price to your supplier. In turn, you executed a
promissory note in the name of Milan Furniture, Annex “B”, undertaking to pay back the bank’s
advance within three months of the date of the note. You also signed a trust receipt, Annex “C”,
covering receipt of the goods.

The trust receipt provided that, in case of the sale of the imported hardwood, Milan Furniture would
turn over the proceeds of that sale to the bank to apply to your loan. Because Milan Furniture had been unable to
pay its promissory note to the bank when it fell due, on October 17,2008 the lawyers of the bank sent you a
demand letter, Annex “D”, requesting full payment of the debt of return of the goods.

I understand that, on receipt of the letter, you tried to negotiate with the manager of the bank, offering
to return the imported hardwood that you were yet unable to sell or use. But the bank manager rejected your
offer, stating that the bank did not accept goods in payment of debts owed it. Since further negotiations also
failed, the bank sent you a final demand for payment on December 4 under a threat of filing a criminal complaint
for estafa involving the trust receipt that you executed in its favor.

The question you pose is whether or not, under the above facts, you may be held liable for estafa under
PD 115, the Trust Receipt Law, in relation to Section 1(b) of Article 315 of the Revised Penal Code.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
237
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

THE POSITION YOU TAKE ON THOSE ISSUES

In my opinion, since the bank opted not to accept the goods even when you offered to return them on
behalf of Milan Furniture, it should be deemed to have withdrawn its earlier demand from you to pay or “return
the goods covered by said Trust Receipt.” Effectively, the bank chose to consider Milan Furniture to have
already bought those goods, altogether removing the transaction from the coverage of Section 13 of the Trust
Receipt Law.

I base my opinion on the following:

The relevant provision of the Trust Receipt Law or PD 115 provides:

SEC.13. Penalty Clause.—The failure of an entrustee to turn over the proceeds of the sale of
goods,
documents or instruments covered by a trust receipt to the extent of the amount owing to the
entruster or as appears in the trust receipt or to return said goods, documents or instruments if
they
were not sold or disposed of in accordance with the terms of the trust receipt shall constitute the
crime of estafa, punishable under the provisions of Article Three Hundred and Fifteen, Paragraph
One (b), of Act Numbered Three Thousand Eight Hundred and Fifteen, as amended, otherwise
known
as the Revised Penal Code.xxx

The related provisions of Section 1(b), Article 315 of the Revised Penal Code, under which the violation
is made to fall, states:

ART. 315. Swindling (estafa).—Any person who shall defraud another by any of the means
mentioned
herein below xxx:

1. With unfaithfulness or abuse of confidence, namely:


xxx xxx xxx

b. By misappropriating or converting, to the prejudice of another, money, goods or any other


personal property received by the offender in trust or on commission, or for administration, or
under
any other obligation involving the duty to make delivery of or to return the same, even though
such
obligation be totally or partially guaranteed by a bond; or by denying having received such money,
goods, or other property.”

From the above, the following are the elements of estafa involving a trust receipt:

1. The entrustee received the goods under a trust receipt from the entruster under an obligation to turn
over the proceeds of the sale of goods or to return said goods;

2. The entrustee misappropriated or converted the goods by failing to turn over the proceeds of their sale
or to return said goods to the entruster;

3. The misappropriation or conversion is to the prejudice of the entruster; and

4. The entruster made a demand on the entrustee.

One of the elements of estafa involving a trust receipt is that the entrustee [in this case, you or Milan
Furniture] received the goods under a trust receipt from the entruster [in this case, Century Bank] under an
obligation to turn over the proceeds of the sale of the goods or to return said goods. The Trust Receipt Law, PD
115, provides in Section 11 that the liability for estafa under paragraph 1(b) of Article 315 of the Penal Code arises
in case of “the failure of an entrustee to turn over the proceeds of the sale of the goods or to return said goods.”

238
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

ARGUMENTS IN YOUR FAVOR

The trust receipt in this case, Annex “A”, echoes the above provisions of the Trust Receipt Law. Under it,
Milan Furniture or you as its signatory, undertook “to turn over to the BANK the proceeds” of the sale
1
of the goods or, “in case on non-sale,” to “return the goods covered by this Trust Receipt to the BANK
2
upon its demand.”

But the terms of the trust receipt does not end there. The trust receipt, Annex “A”, gives Century
Bank an option not “to accept the return of the goods.” In effect, Century Bank could chose to
regard such goods already sold to Milan Furniture even though the latter could and wanted to return them.
The seventh paragraph of the Trust Receipt, Annex “A”, thus reads:

We agree that the BANK is not obliged to accept any return of the goods under this Trust
Receipt by us or to consider any return thereof if accepted or demanded by the BANK, as
satisfaction of our indebtedness to the BANK.

Century Bank in fact availed itself of the above option. It opted not to accept the goods even when you
offered to return them. Consequently, Century Bank should be deemed to have withdrawn its earlier demand
that you or Milan Furniture pay or “return the goods covered by said Trust Receipt immediately.”
Effectively, Century Bank chose by its action to consider the subject goods sold to Milan Furniture, altogether
removing the transaction from the coverage of Section 13 of the Trust Receipt Law.

The essence of the crime of conversion or misappropriation is that the offender to whom money or goods
has been entrusted has unfaithfully or with abuse of confidence failed to return what was merely entrusted to
him and appropriated it for his own. Here, neither Milan Furniture nor you could be considered as having
unfaithfully or with abuse of confidence misappropriated and converted the goods subject of the trust receipt.
Century Bank did not want those goods back. It had regarded them sold outright to Milan Furniture. The latter’s
liability for the goods should, therefore, be considered purely civil.

Moreover, Section 13 of the Trust Receipt Law provides that the “failure of an entrustee to turn over the
proceeds of the sale of the goods or to return said goods if they were not sold or disposed of in accordance with
the terms of the trust receipt shall constitute the crime of estafa.” The essence of the penal provision of the law,
therefore, is that the entrusted [here, Century Bank] has entrusted the good to the entrustee [Milan Furniture or
you] for him to sell. Once sold, the entrustee was to turn over the proceeds of the sale to the entruster.

Section 13 does not embrace instances where the goods are turned over by the entrustor to the
entrustee for the latter’s use in his own business. This is clear from the ruling of the Supreme Court in
3
Colinares v. Court of Appeals that reads:

Also, noteworthy is the fact that Petitioners are not importers acquiring the goods for re-
sale,
contrary to the express provision embodied in the trust receipt. They are contractors who
obtained the fungible goods for their construction project. At no time did title over the
construction materials pass to the bank, but directly to the Petitioners from CM Builders
Centre.
This impresses upon the trust receipt in question vagueness and ambiguity, which should not
be
4
the basis for criminal prosecution in the event of violation of its provisions.

In this case, on May 12, 2008 Century Bank agreed with Milan Furniture to open a letter of credit
(LC) on the latter’s behalf to cover a shipment of hardwood from Vietnam for use in its manufacture of furniture.

Notwithstanding that Milan Furniture imported the hardwood in question so it could use them in
manufacturing furniture, Century Bank made you, a representative of your company, sign a trust receipt that
made it appear as if Century Bank had turned over the hardwood to Milan Furniture for it to sell to others and to
turn over to the bank the proceeds of the sale. The Supreme Court has long condemned such practice. Thus, it
said in the Colinares case:

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
239
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

The practice of banks of making borrowers sign trust receipts to facilitate collection of
loans
and place them under the threats of criminal prosecution should they be unable to pay it may
the
unjust and inequitable, if not reprehensible. Such agreements are contracts of adhesion which
borrowers have no option to sign lest their loan be disapproved. The resort to this scheme
leaves
poor and hapless borrowers at the mercy of banks, and is prone to misinterpretation, as had
happened in this case. Eventually, PBC showed its true colors and admitted that it was only
after
5
collection of the money as manifested by its Affidavit of Desistance.

That the transaction was a loan is made clear from paragraph 1 of the agreement for the opening of a
letter of credit between Century Bank and MHTI, Annex “A”. It provides that, in consideration of the
opening of the letter of credit on behalf of Milan Furniture in the amount of US$39,060, the latter undertook
to pay the bank on demand for all drafts drawn against such letter of credit, with 13% per annum. The title to the
goods never really passed to the bank. Century bank did not import them from Vietnam; it merely opened a letter
of credit for the benefit of Milan Furniture. The supplier shipped the hardwood to Milan Furniture under the
cover of that letter of credit. In short, Century Bank merely provided the loan that financed the shipment.

Since the transaction was a loan, Milan Furniture’s liability to Century Bank should only be
regarded as civil. The criminal action against you must fail. It is but fair and the investigating prosecutor or the
court should see the point.

CONCLUSION AND RECOMMENDATION

A word of reservation: I base my opinion on the language of the laws involved as well as on settled
judicial precedents. But, in the event the bank files criminal complaint against you, there is the chance, however
small, that the public prosecutor may just decide to file it in court, subjecting you to the hassle, expense, and risk
that criminal trials entail. But I am confident that, ultimately, you will be absolved.

Please let me know if I can be of further service to you in this matter.

Very truly yours,


ANNA ELIZABETH A. DE DIOS

_____________________
1 Third paragraph, Trust Receipt, Annex “B”.
2 Id., fifth paragraph.
3 339 SCRA 609 (2000)
4 At pp. 623.
5 Supra, at pp. 623-624.

240
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

There is one last point. Legal opinions have their limitations. You have to realize that not all legal disputes are best
resolved through judicial remedies. Litigations are best avoided if the economics do not make sense as when your
client’s debtor is practically bankrupt. In such a case, your client would merely be throwing away good money
after bad by incurring expenses for docket fees and attorney’s fees with no hope of recovering anything.
Further, a legal confrontation could irreparably damage relationships that may be far more valuable than the
benefits derived from a judicial resolution of the dispute.

Law is based on wisdom but law is not wisdom.

_________________

Source: Abad, Roberto. The Fundamentals of Legal Writing. 2009.

SAMPLE: LEGAL OPINION

OPINION NO. 51, S.2010

November 11, 2011

Secretary Rogelio L. Singson


Department of Public Works and Highways
Manila

Dear Secretary Singson:

This refers to your request for legal opinion on the amount of just compensation Mesdames Nelly S.
Sarabia and Louce S. Ozoa are entitled to when their property was partially taken by the Department of Public
Works and Highways (DPWH) in 2001 in connection with the Construction of the Metro Manila Flood Control
Project – West of Manggahan.

As a backgrounder, it appears that the DPWH offered the claimants to acquire their property needed as
right-of-way in the construction of the Metro Manila Flood Control Project-West of Manggahan through a
negotiated sale; that the latter accepted the value of P600.00 per square meter as just compensation based on
the Bureau of Internal Revenue (BIR) zonal valuation of the property per certification dated December 15, 2004,
of the Acting Revenue District Officer who classified it as agricultural lot; that however, when the claimants went

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
241
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

to the BIR to pay the capital gains tax on the sale of the said property, it refused to accept the said payment based
on the zonal valuation of land of P600.00 per square meter on the ground that the current zonal valuation of the
property is P2,000.00 per square meter as shown by the certification previously issued by the BIR dated October
4, 2004, stating that the current zonal valuation of the said property is P2,000.00 per square meter and
categorized it as residential in nature; that on account of the refusal of the BIR to accept the payment of the
capital gains tax based on the zonal valuation of land of P600.00 per square meter, the Deed of Sale for the
property cannot be registered in the Office of the Registry of Deeds for Taguig City resulting in the non-
registration of the certificate of title of the property in the name of the Republic of the Philippines and the non-
payment of just compensation to the claimants up to the present.

It also appears that on July 4, 2007, the claimants executed a notarized Revocation and Rescission of the
subject Deed of Sale invoking the Civil Code Provisions on void and inexistent contracts because of the two (2)
conflicting zonal valuations issued by the BIR; that, however, the Office of the Solicitor General opined in its letter
dated November 29, 2007, that the Deed of Sale executed by the parties is a perfected contract, and the fact that
the BIR assessed a capital gains tax based on a higher zonal value does not affect the validity of the sale, and its
mere inadequacy of the purchase price is not a valid ground for rescission.

It further appears that to clarify the true zonal valuation for the subject property, the BIR stated in its
BIR Technical Committee on Real Property Valuation (TCPRV) Resolution No. 17- 2008 dated March 4, 2008, that
pursuant to revenue Memorandum Order (RMO) No. 41-91 dated November 11, 1991, the actual consideration
appearing on the Deed of Absolute Sale shall be an acceptable tax base in the computation of capital gains and
documentary stamp taxes in cases of negotiated purchase and/or sale of land by a government agency or
government-owned corporation; that, however, the Central IROW-Committee passed a resolution recommending
the reformation of the Deed of Sale by adopting the P2,000.00 per square meter as the just compensation for the
property based on equity and Article 1359 of the Civil Code, which provides that when there having been a
meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument
purporting to embody the agreement, by reason of mistake, fraud, inequitable conduct or accident, one of the
parties may ask for reformation of the instrument to the end that such true intention may be expressed.

With regret, this Department has to decline rendition of the requested opinion.

Please be informed that as a matter of policy and established precedents, this Department does not
render opinion on questions of just compensation, which is a justiciable matter and could at best resolved only
tentatively by the administrative authorities because the final decision rests not with them but with the courts of
justice. (Secretary of Justice Opinion No. 95, s. 2002)

Moreover, the specific issue raised in the instant query necessarily affects the substantive rights of
private parties upon whom the opinion of the Secretary of Justice which is merely advisory in nature, has no
binding effect, and who may, in all probability, contest the same in court if the opinion turns out to be adverse to
the interests. Inasmuch as the matter herein might subsequently be the subject of judicial controversy, it is
neither advisable nor proper for this Office to comment thereon. (Secretary of Justice Opinions No. 89, s. 1999
and No. 31, s. 1997)

Further, the resolution of the issue would require us to pass upon the legality/validity of the action of
the BIR relative to the payment of the capital gains tax and the refusal of the Registry of Deeds to register the
Deed of Sale. Both the BIR and the register of Deeds of Taguig City are, however, beyond the revisory authority of
the Department. Pursuant to settled practice and precedents, the Secretary of Justice does not render opinion or
express any comments on questions involving the interpretation and/or application of administrative rules and
regulations of other departments/offices over which he exercises neither supervisory nor revisory authority,
unless requested by the issuing agencies/departments by reason of their familiarity with the intent and purposes
of the issuance and the extent of the application thereof. (Secretary of Justice Opinions No. 88, s. 1998; No. 74, s.
1989)

Nonetheless, for your information and guidance, we invite your attention to Section 7 of the
Implementing Rules and Regulations (IRR) of R.A. No. 8974 which directs the Implementing Agency to offer
“as just compensation the price indicated in the current zonal valuation issued by the Bureau of Internal
Revenue (BIR) for the area where the private property is located,” to wit:

242
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

“Section 7. Negotiated Sale of Purchase. – If the owner of the property needed for a
ROW is
not willing to donate his property to the government, the Implementing Agency shall
negotiate with the owner for the purchase of the property, offering as just compensation
the
price indicated by the Bureau of Internal Revenue (BIR) for the area where the private
property is located....” (Emphasis supplied.)

Just compensation has been described as “the just and complete equivalent of the loss
which the owner of the thing expropriated has to suffer by reason of the expropriation.” (Bernas, Joaquin G.,
The 1987 Philippine Constitution, A Reviewer-Primer, 1997 Ed., pp. 118, citing Province of Tayabas v. Perez, 66
Phil. 467, 469 (1938)) The measure is not the taker’s gain, but the owner’s loss. (NPC v. Manubay Agro-
Industrial, G.R. No. 150936, 18 August 2004) To compensate is to render something which is equal in value to
that taken or received. The word “just” is used to intensify the meaning of the word
“compensation”; to convey the idea that the equivalent to be rendered for the property taken shall
be real substantial, full, and ample. (Jose Y. Feria and Maria Concepcion S. Noche, Civil Procedure Annonated, Vol.
2, 2001 Ed., p. 543; citing Manila Railroad Co. v. Velasquez, 32 Phil. 286, 313-314 (1915) and Province of Tayabas
v. Perez, 66 Phil. 467 (1938) It includes not only the correct determination of the amount to be paid to the owner
of the land but also the payment of the land within a reasonable period of time from its taking. (Ibid., p. 119,
citing Municipality of Makati v. Court of Appeals, 190 SCRA 206, 213 (1990) Expressed differently, the
compensation given to the owner is just if he receives for his property a sum equivalent to its “market
value” (Ibid.) which, according to Section 6 (Section 6. Guidelines for Negotiated Sale. – Should the implementing
agency and the owner of the property agree on a negotiated sale for the acquisition of right-of-way, site or
location for any national government infrastructure project, the standards prescribed under Section 5 hereof shall
be used to determine the fair market value of the property, subject to review and approval by the head of the
agency or department concerned. (Italics supplied.) of R.A. No. 8974, must be determined following the standards
prescribed by Section 5 thereof.

Section 5 of R.A. No. 8974 reads as follows:

“Section 5. Standards for the Assessment of the Value of the Land Subject of

Expropriation Proceedings or Negotiated Sale. – In order to facilitate the determination of


just
compensation, the court may consider, among other well-established factors, the
following
relevant standards:

The classification and use for which the property is suited;


(a) The developmental costs for improving the land;
(b) The value declared by the owners;
(c) The current selling price of similar lands in the vicinity;
(d) The reasonable disturbance compensation for the removal and/or
demolition
of certain improvement on the land and for the value of improvements
thereon;
(e) This size, shape or location, tax declaration and zonal valuation of the
land;
(f) The price of the land as manifested in the ocular findings, oral as well as
documentary evidence presented; and
(g) Such facts and events as to enable the affected property owners to have
sufficient funds to acquire similarly-situated lands of approximate areas as
those
required from them by the government, and thereby rehabilitate
themselves as
early as possible.”

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
243
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Finally, it may not be amiss to state that it is an elementary rule in administrative law that
administrative rules and regulations or policies enacted by administrative bodies to interpret the law which they
are entrusted to enforce, have the force of law, and are entitled to grant weight and respect. (Rizal Empire
Insurance Co. v. National Labor Relations Commission, 150 SCRA 565 (1987), Gonzales v Landbank of the
Philippines, 183 SCRA 520 (1990); Nestle Philippines, Inc. v. Court of Appeals, 203 SCRA 504 (1991)) The best
authority to interpret a rule is the source of the rule itself. (Bacobo v. Commission on Elections, 191 SCRA 576
(1990))

Since it appears that the two (2) conflicting zonal valuation of the land were both issued by the BIR over
a span of only two (2) months, the best authority to interpret the rule on zonal valuation of the land is the source
itself, which is the BIR. Thus, if the BIR state that the zonal valuation of the subject land is P2,000.00 per square
meter, then the said valuation should be controlling.

Very truly yours,

(Sgd.) LEILA M. DE
LIMA
Secretary

Source: The Lawyer's Review, 2010

F. TRIAL MEMORANDA without veering towards any of the


parties’ side. (Ibid.)
HOW TO WRITE A TRIAL MEMORANDUM:
- Determine the legal dispute by
Note: Pre-work is indispensable to a substantial and ascertaining what right of a party the
convincing trial memorandum. It will do well for other has violated. Afterwards, study the
you, therefore, to go over the pleadings, the laws and rules involved in such dispute.
transcript of testimonies of the witnesses, and the (Abad, 2009)
documentary exhibits. Working on these materials,
identify the legal dispute involved and based on it, 4. STATEMENT OF RELEVANT ISSUES THAT
draw up the principal issue in the case. From there, THE PARTIES PRESENT FOR RESOLUTION
proceed to make an outline of the relevant facts - List down all the issues involved and
that the opposing parties claim and pin point the identify the controlling issue or issues
issues that you need to address. (Abad, 2009) that, when resolved, will end the legal
dispute. (Ibid.)
1. HEADING
5. AN ORDERLY PRESENTATIONS OF THE
2. SUMMARY OF THE NATURE OF THE ARGUMENTS THAT SUPPORT YOUR
ACTION CLIENT’S POSITION
- Determine what actions were filed by - Rough out your argument on a paper,
the plaintiff against the defendant and using the balance sheet format (Ibid.).
other proceedings which the parties have You need to be guided by your
undergone prior to the filing of the proposition or where you stand on the
present action. (Ibid.) issue. Draft out arguments against you as
well as those arguments in your favor.
3. A SUMMARY OF THE FACTS OF THE CASE
- This refers to the transaction or event - Lastly, write your closing statement
that brought about the legal dispute and appealing to the good senses of the
the lawsuit as seen from the opposing reader.
points of view of the parties. (Ibid.)
- Write up your memorandum introducing
- Read the materials and make an outline the issue/issues, arguments and closing
of the relevant facts of the case, arranging statement. Edit your work to rid out of
them the order of time and carefully needless words.
narrating each if the parties’ version

244
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Below is the structure of a memorandum, opinion, brief, petition, comment, position paper, decision, or similar
legal writing: (Ibid.)
Statement of the Case
Statement of the Facts
Plaintiff’s version of the facts Defendant’s version of the facts
The issue or issues
Body of Arguments
Relief

ILLUSTRATION 2: TRIAL MEMORANDUM:

HEADING

Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Mandaluyong City, Branch 156

RAMON C. MARANAN,
Plaintiff,
-versus- SCA No. CV 0341
GONZALO REALTY CORP.,
Defendant
x--------------------------------x

DEFENDANT’S MEMORANDUM

Defendant, by counsel, respectfully submits its memorandum in the case:

SUMMARY OF THE NATURE OF THE ACTION AND THE COURT PROCEEDING

The Case

Plaintiff Ramon C. Maranan filed this action for declaratory relief and damages against the defendant
Gonzalo Realty Corporation, claiming that the Court needed to ascertain the rights of the parties under a contract
of lease between them before its terms were violated. In its answer, Gonzalo Realty claimed that it did not
authorize the contract of lease and that the action was improper for declaratory relief. The parties claimed moral
damages and attorney’s fees against each other.

A SUMMARY OF THE FACTS OF THE CASE

The Facts

At the trial, Maranan gave his version of the events. He had been renting the land in question from
Gonzalo Realty from April 1998 under a Contract of Lease, Exhibit “A”, (Transcript of Stenographic
Notes, August 27, 2008, p.5). Ted Gonzalo, its president and director, represented Gonzalo Realty in that contract
(id., p.6). The contract was for twenty-five years at P3,000.00 rent per month, which he had always paid. At the
beginning Ted or Celia, his secretary, gave Maranan unofficial receipts for the rents but from August 2006
Gonzalo Realty began to give him official receipts (id., p.13). From September 2007, however, Gonzalo Realty
refused to take his monthly rents, insisting that he should increase this P8,000 (id., p.14).

Maranan went to Gonzalo Realty’s office and asked Edmundo Gonzalo, its new president, to honor the
contract signed by the former president, Ted Gonzalo. But Edmund and her sister, Judith Gonzalo, told him that
the contract was void. Maranan had not since seen Ted Gonzalo. These events prompted him to file the present

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
245
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

action. A second witness, Fred Simon testified that he had been paying Maranan’s rents to Susan, the secretary of
Gonzalo Realty at its office and that, although Edmund knew of such payments, he did not object to them (Exh.
“H”).

Judith Gonzalo, a stockholder, a member of the board of directors, and the corporate secretary of
Gonzalo Realty (TSN January 30, 2009, p.5-6), presented her company’s version. She served as company president
from August 2006 to December 2007, succeeding her brother Ted (id., p.7) who served from 2000 to July 2006.
Later, her other brother Edmund took over as president. Gonzalo Realty had been leasing lots and a building in
San Dionisio, Baclaran and Tambo in Paranaque (id., p.8), including the two small lots subject of this case (id., p.9).

Judith first learned of the lease of the two small lots to Maranan in 2006 when, on becoming Gonzalo Realty’s
president, she asked their secretary to instruct all the tenants to pay their rents directly to Gonzalo Realty and no
longer to Ted. Beginning in August 2006 Maranan paid his rents to Gonzalo Realty, which issued him official
receipts (id., p. 10; Exhs. “B” to “B-19”). The company did not issue the other receipts that Maranan presented
in court (Exhs. “D” to “D-34”), some of which included official receipts issued by his brother Ted’s company, the
TRG Enterprises (id., p.11). TRG stood for Ted R. Gonzalo.

Gonzalo Realty did not authorize Ted to enter into the lease contract, Exh. “A”, with Maranan (id.,
p.12). Judith first saw it only in August or September 2007 while she was making her rounds of their properties.
When Judith asked Maranan if they could already increase his rents, the latter produced a lease contract with Ted
Gonzalo for twenty-five years at P2,000.00 rent per month with no escalation (id., p.13). As soon as she saw the
contract, Judith wrote Maranan informing him of its invalidity and demanded an increase in his rent to P8,000.00
per month, subject to a 10% yearly increase (id., p.14).

According to Gonzalo Realty’s by-laws, its president’s powers were purely managerial or administrative
(id., p.14; see Sections 4 and 5). This allowed him to lease corporate properties for not more than one year; for
lease corporate properties for not more than one year; for leases over one year, the contracts had to pass Judith
and be approved by the board of directors of the company (id., p. 15). In this case, the board learned of
Maranan’s contract with Ted only in August 2007. It neither authorized nor ratified the contract (id., p.17). To
defend itself against the suit, Gonzalo Realty had to hire the services of counsel for P100,000.00 and P3,000.00 for
every hearing he attend (id., pp. 17-18).

STATEMENT OF RELEVANT ISSUES PARTIES PRESENT FOR RESOLUTION

The Issues

The Court defined the issues in this case in its pre-trial order as follows:

1. Whether or not the Contract of Lease executed by and between Ted Gonzalo and Ramon Maranan
binds Gonzalo Realty
2. Whether or not either party is entitled to damages and attorney’s fees

BODY OF ARGUMENTS

The Arguments

I.
TED GONZALO DID NOT HAVE AUTHORITY TO BIND GONZALO REALTY TO THE LONG-TERM LEASE
AGREEMENT THAT HE SIGNED

Maranan claims that Gonzalo Realty is bound by the contract that he entered into with Ted Gonzalo
since, as president of Gonzalo Realty’s president in 1998 did not mean that all his acts were the acts of the
corporation. Consider the following:

246
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

First. Ted did not enter into the subject contract of lease on behalf of Gonzalo Realty, either as its
president or as its agent. The portion of the contract, Exhibit “A”, which identified who the parties were
to that agreement, shows that Maranan contracted only with Ted in the personal capacity. Thus –

This Contract is made and entered into by and between:

TED R. GONZALO, of legal age, Filipino, married, with residence and postal address at 336 J.P.
Rizal St., Mandaluyong City, hereinafter referred to as the LESSOR;

-and-

RAMON C. MARANAN, of legal age, Filipino with residence and postal address at 478 Tangco
St.,
Mandaluyong City, hereinafter referred to as the LESSEE.

Since the above contract specified Ted Gonzalo as the “lessor” of the property, Maranan
cannot pretend that he entered into that contract with Gonzalo Realty itself. The latter’s name does not
appear on the face of the contract at all. As a businessman, Maranan is intelligent and his eyes were open. He
should be held bound by the representations in that contract that he had dealt only with Ted in his personal
capacity.

Second. The contract falsely claimed that Ted owned the subject lots. The “whereases” clause
unmistakably states:

WITNESSETH:

WHEREAS, the LESSOR [Ted Gonzalo] is the registered owner of two (2) parcel of land, covered
and
embraced by Lot 25, containing an area of 102 square meters and Lot 26 with an area of 15 square
meters, both situated at Banaba Subdivision, Poblacion, Mandaluyong City.

WHEREAS, the LESSEE desires to lease the above mentioned two (2) Lots and the Lessor is willing
to
lease the same unto said Lessee, under the following terms and conditions, to wit:”

XXX XXX XXX XXX

Maranan testified that he knew that the two lots belonged to Gonzalo Realty even before he leased
them (TSN, August 27, 2008, p. 29). He, therefore, acted with malice and bad faith when he nonetheless agreed to
lease them from Ted under an understanding, which was a false one as Maranan very well knew, that Ted owned
the property. A party who had acted in this way could not avail himself of any equitable relief from the
consequences of his improper conduct.

Third. It does not help Maranan’s case that he admitted in the course of re-cross that before he leased
the property from Ted, he had seen the deed of exchange, Exhibit “G,” which Gonzalo Realty entered into with
Acme Realty Corp. for a swap of the lots between them. Since the document was a sample of how Gonzalo Realty,
a corporation, contracted with third persons, Maranan was familiar with the form used. Indeed, he admitted that
he read the front portion of the deed of exchange and saw that, although the contracting party was Gonzalo
Realty, the document declared that Ted, its president, represented it in the transaction.

Still, when it came to the two lots that Maranan allegedly leased from Gonzalo Realty, he went along
with the idea that Ted would act on his own, in a personal capacity, rather than as Gonzalo Realty’s
representative. Maranan could not, therefore, claim ignorance of what it took to bind a corporation to a contract.
He knew that the lease contact did not bind Gonzalo Realty.

Fourth. Even if Maranan and Ted had wanted the latter to bind Gonzalo Realty into that contract, still
Ted could not do so. Section 23 of the Corporation Code vests in the board of directors the corporate powers of a
corporation, including the power of control over all its properties.

THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS


CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
247
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

Sec. 23. The board of directors or trustees.- Unless otherwise provided in this Code, the
corporate powers of all corporations formed under this Code shall be exercised, all
business
conducted and all property of such corporation controlled and held by the board of
directors
or trustees to be elected from among the holders of stocks, or where there is no stock,
from
among the members of the corporation, who shall hold office for one (1) year and until
their
successors are elected and qualified.

As president, Ted only had powers of general administration under the corporation’s by-laws (TSN,
January 30,2007, p.14). Article 1877 of the Civil Code governs the scope of his authority. Thus:

Art. 1877. An agency couched in general terms comprises only acts of administration, even
if
the principal should state that he withholds no power or that the agent may execute such
acts
as he may consider appropriate, or even though the agency should authorize a general and
unlimited management.

Consequently, with his limited powers, Ted could not encumber the properties of the corporation for a
twenty-five-year lease with no adjustments in rent. Such is not an act of general administration. Indeed, Article
1878 (8) of the Civil Code provides that a person acting for his principal, like Ted acting for Gonzalo Realty, needs
a special power of attorney “ to lease any real property to another for more than one year.“ Thus:

Art. 1878. Special powers of attorney are necessary in the following cases:
XXX XXX XXX XXX

8. To lease any real property to another person for more than one year;
XXX XXX XXX XXX

Here, neither the complainant nor the contract of lease states that Ted had been empowered with a
special power of attorney approved by the Board of Directors of Gonzalo Realty to lease its two lots to Maranan
for twenty-five years with no change in rental.

Fifth. Assuming that Ted had the authority to enter into long-term lease contracts on behalf of Gonzalo
Realty even without a special power of attorney from its board of directors (a point that is not conceded), still he
could not have bound Gonzalo Realty to the particular contract subject of this case. Article 1883 of the Civil Code
provides that, if an agent “acts in his own name, the principal has not right of action against the persons with
whom the agent has contracted; neither have such persons against the principal.”

Here, clearly, Ted acted in his own name. Consequently, Maranan had no right of action against Gonzalo
Realty.

II.
GONZALO REALTY HAS NOT RATIFIED THE CONTRACT OF LEASE BETWEEN TED GONZALO AND MARANAN

Maranan next claims that Gonzalo Realty should be considered as having ratified the contract in
question considering how it had received monthly rents from him as evidenced by the receipts that it issued.

But Gonzalo Realty could not ratify a contract that it did not know existed. Judith Gonzalo testified that
they learned of the contract of lease between Ted and Maranan only in August 2006and Gonzalo Realty lost no
time to assail it. Indeed, neither Maranan nor his warehouseman, Fred Simon, testified to having previously
discussed with Judith or Edmund Gonzalo, whom they knew were directors and later presidents of the company,
the matter of the twenty-five year contract of lease.

248
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO
LEGAL FORMS

Nor could Maranan capitalize on the fact that he had faithfully paid monthly rentals of P2,000.00 for the
property from 2003 to August 2007. Consider the following:

1. As Judith Gonzalo testified, when she took over from Ted as president of Gonzalo Realty in August 2006,
she simply continued to have the rentals collected from the known existing tenants on their properties. She had
assumed, in the absence of any written contract in the files of the corporation, that these tenants were,
consistent with Guillermo’s limited authority, on a month-to-month lease only since they were paying rents on a
monthly basis.

Consequently, Maranan cannot infer from the fact of Gonzalo Realty’s receipt of rentals from him
beginning in August 2006 that it had knowledge and approved of his 2003 contract of lease. Only when
Maranan invoked his alleged twenty-five year contract with Ted and sent a copy of it to Gonzalo Realty around
August 2007 did the latter learn of its existence. And Gonzalo Realty promptly informed Maranan that the
contract was void.

2. The receipts that Maranan got for the rents he paid are consistent with Gonzalo Realty’s lack of
knowledge of the contract and his occupation of the property in 2003. The paper trail of receipts he offered is
interesting and proves this point. Consider the following:

First. The lease evidently ran for over two years from April 2003 to July 2006 as a secret,
illicit
agreement solely between Maranan and Ted. The receipts corresponding to this period were
mostly
unofficial, written on scratch papers of various sizes (Exhs. “D” to “D-34”). In some cases,
official
receipts had been issued but these were in the name of TRG Enterprises, a business that
belonged
to Ted. TRG stood for Ted R. Gonzalo. For five years, therefore, Maranan and Ted actually cheated
Gonzalo Realty of earnings from its property.

Second. Official receipts from Gonzalo Realty appeared only from August 2006,
consistent
with Judith Gonzalo’s testimony that only from that month did their company begin to collect
rents from Maranan (Exhs. “B” to “B-19”). She testified that they assumed that
Maranan
had been leasing the property on a month-to-month basis and they collected rents from him in
good
faith on the basis of that belief.

III.
GONZALO REALTY IS ENTITLED TO DAMAGES

For having instituted this baseless and malicious suit, Maranan should be held liable to Gonzalo Realty
for moral damages and attorney’s fees.

RELIEF

WHEREFORE, defendant Gonzalo Realty Corporation respectfully prays the Court to render judgment:

1. Dismissing the petition for lack of merit; and


2. Ordering plaintiff Ramon C. Maranan to pay defendant moral damages of P1 million and
attorney’s fees of P100,000.00 plus appearance fee for counsel at P3,000.00 per hearing.

[Explanation: A copy of this memorandum has been served on the adverse party by registered mail in view of
the distance and the absence of a messenger who could make a personal service.]

Manila for Muntinlupa City, May 12, 2012.


THE ACADEMICS COMMITTEE: UNIVERSITY OF SANTO TOMAS
CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
Facultad de Derecho Civil
249
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012

ISABELA H. FONTANILA
Counsel for Gonzalo Realty Corp.
2nd Flr. Olympia Bldg
445 Buendia Avenue
Makati City
Atty. Roll No. 23456
IBP 544498 12-21-12
PTR 8723254 01-02-12
MCLE Compliance III-295
Email: ihfontanilla@yahoo.com

Copy furnished:

Atty. Shaira A. Cruz


346 President Avenue Parañaque City
Source: Abad, Roberto.
The Fundamentals of Legal Writing. 2009.

250
LEGAL AND JUDICIAL ETHICS WITH LEGAL FORMS TEAM
ADVISER: JUDGE PHILIP AGUINALDO; SUBJECT HEAD: JANCE G. NADAL
ASST. SUBJECT HEADS: LANI LAURETTE P. FRANCISCO; MEMBERS: ANNE ROSE DE GUIA, GIRLIE ANN BASILIO