Arellano University School of Law

Taft Avenue Corner Menlo St. Pasay City, Philippines

Legal Forms
under

Atty. Jessica Siquijor-Magbanua

Group 8

Members:

Dela Peña- Notice of Hearing

Diagro- Petition for Bail
Erazo- Special Power of Attorney
 Special Power of Attorney

 It is a legal instrument wherein a person (principal) designates another person (agent) to do a

particular act in his behalf.

 It states authority of a person and the limit of his authority in doing particular act.

Art. 1868. By the contract of agency a person binds himself to render some service or to do something in
representation or on behalf of another, with the consent or authority of the latter.

As to FORM:

 It must be in writing duly signed by the signatories.

 It should be notarized. (Art. 1873 in relation to Art. 1358, NCC)

 When executed in a foreign country, it must be certified and authenticated according to the
Rules of Court (Sec. 24, Rule 132)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, HARVEY SPECTER, of legal age, Filipino, single, and a resident of 5588 North Street, Westeros
Avenue, Makati City, do hereby name, appoint and constitute MICHAEL “Mike” ROSS, of legal age,
Filipino, single and a resident of Dorne Street, Brgy. Sunspear, Iloilo City to be my Attorney-in-
Fact, for and in my stead, to do and perform the following acts, deeds and things, to wit:

1. To sell, assign and dispose a parcel of land covered by TCT No. 123459 situated at Brgy.
Stormlands, Miag-ao, Iloilo including the improvements thereon under such terms and conditions
acceptable to my Attorney-in-Fact;

2. To sign, execute and deliver the necessary Deed of Sale covering such sale including any and all
documents that may be necessary or required thereto and to deliver possession of the property
to said Vendee;

3. To receive the proceeds of the sale, either in cash or in check and to pay expenses for capital
gains, real property tax and any all such expenses that may be agreed upon by the parties;

4. To do such any other act or thing that may be required necessary or incidental to carry our
effectively any and all of the purposes this authority is hereby given.
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority to do and
perform any and every act, and things whatsoever requisite and necessary to be done in and
about the premises, as fully to all intents and purposes as I might or could lawfully do if personally
present and hereby ratifying and confirming all that my said attorney-in-fact shall lawfully do or
cause to be done by virtue of these presents.

IN WITNESS WHEREOF, I have hereto set my hand this 10th of March 2019 at Iloilo City,
Philippines.

HARVEY SPECTER (Sgd.)

Principal

CONFORME:

MICHAEL “MIKE” ROSS (Sgd.)

Attorney-In-Fact

SIGNED IN THE PRESENCE OF:

OBERYN MARTELL CERSEI LANNISTER

(Sgd.) (Sgd.)
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES }

CITY OF ILOILO }S.S.

BEFORE ME, this 10th day of March 2019 in the City of Iloilo, Philippines personally appeared:

Name Competent Evidence of Identity Place and Date of Issue

HARVEY SPECTER _______________ _______________

MICHAEL “Mike” ROSS _______________ _______________

known to me to be the same person who executed the foregoing instrument, and who
acknowledged to me that the same are their free act and deed.
 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES }

CITY OF ILOILO }S.S.

BEFORE ME, this 10th day of March 2019 in the City of Iloilo, Philippines personally appeared:

Name Competent Evidence of Identity Place and Date of Issue

HARVEY SPECTER _______________ _______________

MICHAEL “Mike” ROSS _______________ _______________

known to me to be the same person who executed the foregoing instrument, and who
acknowledged to me that the same are their free act and deed.

This instrument consisting of two (2) pages, including the page on which this acknowledgment is
written, has been signed on the left margin each and every page thereof by the concerned parties
and their witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand on the place and date above written.

ATTY. ANNALISE KEATING

Notary Public
Commission Serial No.59581
Until December 31, 2019
PTR No. 12345 issued Jan. 3, 2017
IBP No. 561088 Roll No. 55688
MCLE No. 12345

Doc No. ________

Page No. _______
Book No. _______
Series of 2019.
 GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

THAT I/WE, , Filipino/ U.S. citizen(s), of legal age(s),
single/married to and resident(s) of
do hereby appoint, name and constitute Filipino/ U.S. citizen, of legal
age, single/married and resident of ________________________________________________
to be my/our true and lawful attorney to act in, manage and conduct all my/our affairs and for
that purpose in my/our name(s) and on my/our behalf to do and execute any or all of the following
acts, deeds, and things, to wit:

1. To exercise administration, general control and supervision over my/our business and property
in the Philippines, and to act as my/our general representative(s) and agent(s) with full authority
to buy, sell, negotiate, and contract for me/us and my/our behalf;

2. To ask, demand, sue for, recover, and receive all sums of money, debts, dues, goods, wares,
merchandise, chattels, effects and things of whatsoever nature or description, which now or
hereafter shall be or become due, owing, payable or belonging to me/us, in or by any right, title,
ways or means howsoever, and upon receipt thereof or any part thereof, to make, sign, execute
and deliver such receipts, releases or other discharges;

3. To buy or otherwise acquire, to hire or lease, and to pledge or otherwise hypothecate, assign,
and to dispose of, any or all of my/our personal property or any interest therein, upon such terms
and conditions, and under such covenants, my/our attorney(s) shall dim fit or proper, and to
execute in my/our name(s) any and all papers relating thereto, and to sign, execute, acknowledge
and deliver any and all agreements, or other writings therefore, or in any way connected
therewith, or with any business or property;

4. To deposit money and to withdraw same by check, receipt, draft or otherwise in any bank in
my/our name(s), to sign, endorse, draw, accept, make, execute, deliver and pay checks, drafts,
bills of exchanges, promissory notes, letters of credit, quarantees, and all other writings, contracts
and agreements;

5. To borrow any sum or sums of money that are urgent and indispensable for the prevention of
things which are under his/their administration on such terms, conditions, and stipulations, and
on such security, as my/our attorney(s) may think fit for that purpose; to execute all promissory
notes, bonds, mortgages, and other instruments which maybe necessary and proper;
6. To settle any account or reckoning whatsoever wherein I am/we are, or at any time hereafter
shall be in anywise, interested or are concerned with any person whomsoever, and to pay or
receive the balance thereof as the case may be;

7. To compound with or make allowances to any person for and in respect to any debts or demand
whatsoever which now is or shall any time hereafter become due and payable to me/us, and to
take and receive any composition or dividend thereof or thereupon and to give releases or other
discharges for the whole of such debts or demands, or to settle, compromise or submit to
arbitration every such debts or demand and every other right, matter and thing due to or
concerning me/us as my/our attorney(s) may deem advisable in the premises;
8. To make, sign, seal, execute and deliver contracts, documents, agreements and other writings
upon such terms and conditions acceptable to my/our said attorney(s);

9. In general, to do all other acts, deeds, matters and things whatsoever, in or about my/our
estate, property and affairs, or to concur with persons jointly interested with myself/ourselves
therein doing all acts, deeds, matters, and things herein, either particularly or generally described,
as fully and effectually to all intents and purposes as I/we could do in my/our proper person(s) if
personally present.

HEREBY GIVING AND GRANTING unto my/our said attorney(s) full power and authority
whatsoever requisite or proper to be done in or about the premises, as fully to all intents and
purposes as I/we might or could lawfully do if personally present, and hereby certifying and
confirming all that my/our said attorney(s) shall do or cause to be done under these presents.

IN WITNESS WHEREOF, I/WE have hereunto set my/our hand(s) this_______ day of __________
in the ______________________.

__________________________ __________________________
Signature Signature

SIGNED IN THE PRESENCE OF:

__________________________ _____________________________
Art. 1873. If a person specially informs another or states by public advertisement that he has given a
power of attorney to a third person, the latter thereby becomes a duly authorized agent, in the former
case with respect to the person who received the special information, and in the latter case with regard
to any person.

Art. 1358. The following must appear in a public document:

xxx 3) The power to administer property, or any other power which has for its object an act appearing or
which should appear in a public document, or should prejudice a third person; xxx
Sec. 24, Rule 132, Revised Rules on Evidence

Sec. 24. Proof of official record. – xxx If the office in which the record is kept is in a foreign
country, the certificate may be made by a secretary of the embassy or legation, consul-general,
consul, vice-consul, or consular agent or by any officer in the foreign service of the Philippines
stationed in the foreign country in which the record is kept, and authenticated by the seal of his
office.

Is SPA really NECESSARY when the person selling the real property is not the owner?

YES. Art. 1878. Special Powers of Attorney are necessary in the following cases:

xxx;
5) To enter into any contract by which the ownership of an immovable is transmitted or
acquired either gratuitously or for a valuable consideration; xxx (Art.1878)

Art. 1874. When a sale of piece of land or any interest therein is through an agent, the
authority of the latter shall be in writing; otherwise, the sale shall be void.

Does spa expire?

Yes. Art. 1919. Agency is extinguished:

(1) By its revocation;

(2) By the withdrawal of the agent;

(3) By the death, civil interdiction, insanity or insolvency of the principal or of the agent;

(4) By the dissolution of the firm or corporation which entrusted or accepted the agency;

(5) By the accomplishment of the object or purpose of the agency; and

(6) By the expiration of the period for which the agency was constituted.

Notice of Hearing

 Legal Basis

Rule 15 of Rules of Court

 General Rule

Every written motion shall be set for hearing by the applicant (Section 4).

All motions shall be scheduled for hearing on Friday afternoons (Section 7).

 The requirement of notice is an integral component of procedural due process.

NOTICE OF HEARING

Atty. Juan Malabanan

Counsel for Plaintiff
123 Sandejas St., Barangay 41, Pasay City

Sir:
Please be informed that the undersigned counsel has set the foregoing motion for hearing on March 15,
2019 at 10:30 a. m. for the consideration of the Honorable Court or soon thereafter as counsel may be heard.

Atty. Juana Change

Counsel for Defendant

Revised Rules of Procedure for Small Claims Cases

 When issued?

 To whom issued?

 Contents?
 Republic of the Philippines
Metropolitan Trial Court
National Capital Judicial Region
Branch 48, Pasay City

Sophie Valentin,
Plaintiff Civil Case No. 001

- versus - For: Collection of the Sum

of P50,000.00
Boss Hugo Valentin ,
Defendant.

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

NOTICE OF HEARING

YOUR CASE IS SET for hearing before the Presiding Judge of this Court on March 15, 2019 at the City Hall
of Pasay.

YOU MUST ATTEND THE HEARING, IF YOU CANNOT ATTEND BECAUSE IT IS PHYSICALLY IMPOSSIBLE FOR
YOU TO DO SO, YOU MAY AUTHORIZE A REPRESENTATIVE WHO IS NOT A LAWYER TO APPEAR FOR YOU, FOR THIS
PURPOSE YOU SHOULD FILL UP FORM 5-SCC (SPECIAL POWER OF ATTORNEY).

WITNESS the HON. CHIKAY GATBONTON, Presiding Judge of this Court, this 7th day of March 2019 at Pasay
City, Philippines.

Shalom Goñi
Branch Clerk of Court

NOTE: FOR INQUIRIES, CALL TEL. # 825-5766

Petition for Bail

 Bail is defined as the “security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required under the
conditions herein specified” (Sec. 1, Rule 114, Rules of Criminal Procedure)
 Bail emanates from a person’s constitutional right to be presumed innocent until proven
otherwise. The right to bail is guaranteed by our Constitution.
 Section 13 of Article III of the 1987 Constitution states that, “All persons, except those charged
with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided
by law. Xxx” Sec. 3, Rule 114 of the Rules on Criminal Procedure states that:
o “All persons in custody shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognizance as prescribed by law or this Rule (a) before or after
conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial
Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.”
 Republic of the Philippines

Regional Trial Court

NATIONAL CAPITAL JUDICIAL REGION

Branch 115, Pasay City

PEOPLE OF THE PHILIPPINES,

- versus - CRIM. CASE NO. 06-0205 to 06-0208

For: ILLEGAL RECRUITMENT (Large Scale) &

ESTAFA

MADONNA BLANCO & DANIEL BLANCO,

Accused.

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

PETITION FOR BAIL

COMES NOW, accused MADONNA BLANCO & DANIEL BLANCO thru counsel, most

respectfully petition to the Honorable Court to grant them bail, upon these

considerations:
 1. Accused MADONNA Blanco and DANIEL Blanco are charged of ILLEGAL

RECRUITMENT (Large Scale) and ESTAFA , the Information for Illegal Recruitment read as

follows:

In Criminal Case No.06-0205, for Illegal Recruitment (Large Scale);

“That on or about the period from October to November 2004, in Pasay City,

Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the

above-named accused, ELMA GOMEZ, DANIEL BLANCO and MADONNA BLANCO,

conspiring and confederating with each other and mutually helping one another,

by transacting business under Europe Immigrant Document & Visa Assistance

Corporation, by means of false representation and fraudulent allegation to the

effect that they could secure employment abroad [LONDON] for ELVIE GADOS,

VINA PALAUBSANON and ANNALISA ROSALES, did then and there willfully,

unlawfully and feloniously recruit for a fee the aforesaid persons without the

necessary license or authority from the POEA.

2. With respect to Criminal Case No. 06-0205 for Illegal Recruitment (Large

Scale), no bail was recommended while Criminal Case Nos. 06-0206 to 0208 for

Estafa, the recommended bail are Php 16,000 each;

3. Under the Constitution and by statute, every person charged with an

offense, including a capital offense, like criminal case no. 06-0205 for Illegal Recruitment

(Large Scale) is entitled to bail, as a matter of right, before conviction. The only exception

is in the case of capital offense when the evidence of guilt is strong, in which case there

is no right to bail.

Thus, the constitutional provision is worded as follows:

 “Sec. 13. All persons, except those charged with offenses punishable

by reclusion perpetua when the evidence of guilt is strong, shall, before

conviction, be bailable by sufficient sureties, or be released on recognizance as

may be provided by law. The right to bail shall not be impaired even when the

privilege of the writ of habeas corpus is suspended. Excessive bail shall not be

required.” (Article III, Bill of Rights, 1987 Constitution)

4. It is the humble position of the defense that the evidences submitted and

offered by the prosecution in support of the charges are not strong as to deny both

accused of their constitutional right to bail. This is shown by the following consideration:

(a) Records bear that it was ELMA GOMEZ, another accused who is at

large, who introduced the complainants to herein accused and it was indeed

ELMA GOMEZ who promised them employment;

(b) The prosecution, who bears the burden of proving that the evidence

of guilt is strong, only introduced the testimony of herein complainants and the

alleged receipts, which specifically bears that the amount received was for

document facilitation, visa assistance, and seminar for migrant clients only,

nowhere does it show that the receipts were intended for placement fees

specifically for employment abroad. Likewise there were no documents offered

to prove that there were employment contracts offered by the accused to herein

complainants. Thus, considering that the prosecution failed to prove that the

evidence of guilt of both accused was strong, accused should be allowed to post

bail. Basic in our jurisdiction that, “Allegations must be proven by sufficient

 evidence – mere allegation is not evidence” (Ramoran vs. Jardine CMG Life

Insurace Co., Inc., 326 SCRA 208).

(c) Furthermore, in the line of cases decided by the Supreme Court, time
and time again the Court held that, “To overcome the presumption of innocence,
proof beyond reasonable doubt of every fact essential to constitute the offense
with which the accused is charged must be clearly established by the
prosecution”. (People vs. Mamalias, 328 SCRA 760).

Based on the foregoing facts and jurisprudence, and by the evidence submitted,
it is the accused humble position that the prosecution cannot sufficiently proved the
Information for Illegal Recruitment (Large Scale).

PRAYER

WHEREFORE, it is accused fervent prayer of this Honorable Court that they be

allowed to post bail in the crime of Illegal Recruitment.

Respectfully submitted.

April 21, 2010. Pasay City.

PUBLIC ATTORNEY’S OFFICE

4th Flr., Hall of Justice

F.B. Harrison, Pasay City

BY:

MICHAEL PHILIP B. SILVALA

Public Attorney I
 NOTICE OF HEARING

THE CLERK OF COURT

REGIONAL TRIAL COURT

PASAY CITY

Greetings!

Please submit the foregoing motion for the kind consideration and approval of
this Honorable Court on April 23, 2010 at 2:00 in the afternoon or soon thereafter as the
complainant may be heard.

April 23,2010, Pasay City, Metro Manila, Philippines.

MICHAEL PHILIP B. SILVALA

Copy furnished:

ACP MANUEL LOTEYRO

Public Prosecutor

Office of the Prosecutor,

Pasay City