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JURISTS BAR REVIEW CENTER

SAMPLE FORMS IN PRACTICAL EXERCISES

A.1. DEMAND LETTER

1 April 2019

JUAN DEBTOR
[Address]

Dear Mr. Debtor:

We write in behalf of our client Jose Creditor regarding the check you issued to him
dated 15 March 2019 in the amount of ₱700,000, drawn against Bank of the Philippine
Islands, Zapote, Las Piñas City Branch. Upon presentment for payment, the same
was dishonored for reason of “account closed.”

Demand is hereby made upon you to pay to our client the amount of the check within 5
days from receipt of this letter. Otherwise we shall file against you the criminal
complaint for violation of the Bouncing Checks Law without further notice and demand.

Please give this matter your immediate attention.

Yours truly,

ATTY. ANDRES MAGDAMIT


Counsel for Jose Creditor
[Address of Counsel]

A.2. AUTHORIZATION LETTER

BANK OF THE PHILIPPINE ISLANDS


[Address]

Ladies and Gentlemen:

This serves to authorize the bearer SUSAN AGENTE to pick up the deed of cancellation
of real estate mortgage over my property covered by TCT No. 123456, located in Imus,
Cavite.

Please find attached a copy of my Driver’s License No. 7890123.


Thank you for your attention in this matter.

Yours truly,

JOSEPH PRINCIPALI
[Address]

B.1. SIMPLE LEASE CONTRACT

CONTRACT OF LEASE

I, (full name of lessor), of legal age, single, with residence at


______________________, do hereby LEASE unto (full name of lessee) of legal age,
single, with residence and postal address at ____________________ that certain
building, together with the lot on which it stands, situated at ____________, and more
particularly described as follows, to wit:

(Technical Description of
Building and Lot)

of which lot and building I am the registered owner, my title thereto being evidenced by
Transfer Certificate of Title No. ______, of the Registry of Deeds of _________.

That the term of this lease is for _________ years from and after the execution of
this contract of lease.

And I, (full name of lessee), do hereby bind myself and promise to pay the said
lessor at the latter’s residence a monthly rental of P_________ during the first five days
of each and every month.

IN WITNESS WHEREOF, the parties have signed this agreement on


___________at ___________________.

____________________ ____________________
LESSOR LESSEE

SIGNED IN THE PRESENCE OF:


_________________________ _____________________

(ACKNOWLEDGMENT)
B.2. SIMPLE SALE OF REALTY

DEED OF SALE

I, ___________________________, Filipino, single/married to


_____________________, of legal age, with residence at
_________________________, for and in consideration of the sum of
P_________________ to me in hand paid by (full name of vendee), Filipino, of legal
age, with residence at _________________________, do hereby SELL, TRANSFER
AND CONVEY, absolutely and unconditionally, in favor of the said ___________, that
certain parcel of land, particularly described as follows to wit:

(Technical description)

of which I am the registered owner as evidenced by Transfer Certificate of Title No.


______ issued by the Registry of Deeds of ____________, free from all liens and
encumbrances.

IN WITNESS WHEREOF, I have signed this Deed of Sale, on ___________ at


______________________.

________________________
Vendor

TIN ________________

SIGNED IN PRESENCE OF:

____________________________ ___________________________

(ACKNOWLEDGMENT)

B.3. SIMPLE SALE OF PERSONAL PROPERTY (CAR)

DEED OF ABSOLUTE SALE

I, JUAN A. DELA CRUZ, of legal age, single, Filipino, with residence at 123
Northville Homes, Molino, Bacoor City, Cavite, in consideration of the sum of P400,000
which I have received from the Buyer, PEDRO A. SANTOS, do hereby sell and transfer
to him the motor vehicle particularly described as follows:
MAKE: MITSUBISHI
TYPE: AUV
MODEL: ADVENTURE 2008
ENGINE NO.: 12345
SERIAL NO.: 67890

IN WITNESS WHEREOF, I hereby sign this Deed of Sale on 1 April 2017 at


Bacoor City, Cavite.

JUAN A. DELA CRUZ

(Acknowledgment)

C. SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

I, JOSEPH PRINCIPALI, Filipino, of legal age, and a resident of No. 7 M.


Fernandez St., BF Resort Village, Las Piñas City, do hereby name, constitute and
appoint SUSAN AGENTE of the Agente & Agente Law Office, Filipino, of legal age and
with office address at 2/F Azucena Arcade, 255 Alabang-Zapote Road, Las Piñas City
to be my true and lawful attorney-in-fact, for me and in my name, place and stead and
to do the following:

Sell and/or encumber my shares of stock in Manila Water Corporation, whether


in my name or held in the name of my broker, BPI Securities, Inc., for my benefit, under
such terms as he may deem suitable and proper.

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and
authority whatsoever requisite or necessary or proper to be done in and about the
premises as full to all intents and purposes as I might and could lawfully do if personally
present, with power of substitution and revocation, and hereby, ratifying and confirming
all that my said attorney or her substitute shall lawfully do or cause to be done under
and by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ August 2018 at
Las Piñas City.

JOSEPH PRINCIPALI

SIGNED IN THE PRESENCE OF:


_________________________ _________________________

REPUBLIC OF THE PHILIPPINES)


LAS PINAS CITY ) S.S.

ACKNOWLEDGMENT

BEFORE ME, a notary public, on ___ August 2018 at Las Pinas City, personally
appeared JOSEPH PRINCIPALI and exhibited to me his SSS No. 06-0958807-5 issued
by Social Security System. Known to me and to me known to be the same person who
executed the foregoing Special Power of Attorney and he acknowledged before me that
the same is his own free and voluntary act and deed.

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

Doc. No. _____


Page No._____
Book No. _____
Series of 2018.

D. VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, JUAN DELA CRUZ, of legal age, Filipino, married/single and resident of


1234 Masayahin St. Brgy. 1, Sta. Cruz, Manila, hereby depose and state
under oath that:

1. I am the Petitioner in the above-stated case.

2. I have caused the preparation of the foregoing Petition.

3. I have read the contents thereof and the facts stated therein are true
and correct of our personal knowledge and/or on the basis of copies of
documents and records in our possession.

4. I have not heretofore commenced any action or filed any claim


involving the same issues in any court, tribunal or quasi-judicial agency, and
to the best of our knowledge, no such action or claim is pending therein.
5. If I should thereafter learn that the same or similar action or claim has
been filed or is pending, we shall report this fact within five (5) days therefrom
to this Honorable Court.

AFFIANT

SUBSCRIBED AND SWORN to before me on _____________________


at _____________________, Affiant exhibiting to me his Driver’s License No.
____________ valid until ______________.

Doc. No. __________


Page No. __________ NOTARY PUBLIC
Book No. __________ (Notarial Commission)
Series of 2018.

E. NOTICE OF HEARING & EXPLANATION

NOTICE OF HEARING

To:

ATTY. JOHN SMITH


Counsel for the Plaintiff

ATTY. JUAN DELA CRUZ


CLERK OF COURT
RTC, Branch 21
City of Manila

Greetings:

Please take notice that the undersigned counsel for the Defendant shall
submit the foregoing motion for approval of the Honorable Court on 17
February 2019 at 1:30 pm.

ATTY. JUANA CRUZ


EXPLANATION

Due to the distance to the Plaintiff’s counsel and to manpower limitations,


the undersigned counsel for the Defendant is constrained to file and/or serve
this Motion by registered mail.

ATTY. JUANA CRUZ

F. JUDICIAL AFFIDAVIT

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 45, QUEZON CITY

JOSE CREDITOR, Civil Case No. 19-12345


Plaintiff,

-versus- For: Sum of Money

JUAN DEBTOR,
Defendant.
x-----------------------------------------------------x

JUDICIAL AFFIDAVIT OF JOSE CREDITOR

Note: Questions propounded by the Plaintiff’s counsel, Atty. Rufo Enrique, with address
at ___________ and the answers made by the witness Jose Creditor. The examination
was conducted by Atty. Enrique at ______________________, Makati City.

I, JOSE CREDITOR, 37 years of age, Filipino citizen, with residence address at


____________________, Makati City, Metro Manila, and with occupation of
businessman, do hereby depose and state under oath that:

Q1 Mr. Creditor, are you fully conscious that you are answering the questions asked
of you under oath and that you will be liable for false testimony or perjury if you do not
answer truthfully?

A Yes, sir.
Q2 Are you the Plaintiff in this case?

A Yes.

Q3 Do you know the Defendant in this case?

A Yes.

Q4 Why do you know the Defendant?

A Because we have been friends since grade school.

Q5 On 3 March 2018, did the Defendant visit your house?

A Yes.

Q6 Why did he visit your house?

A He just dropped by uninvited. Since we were close friends, I invited him in and
we had a talk.

Q7 What did you talk about?

A We talked about old times. And then he asked me if I could lend him P700,000
for a business he was putting up.

Q8 Did you lend him the P700,000?

A Yes. But I asked that he execute a promissory note in my favor as proof of the
loan and that the due date should be one year or on 3 March 2019.

Q9 What did he say to your requirement?

A He agreed and he executed the promissory note in my favor promising to pay the
loan on 3 March 2019.

Q10 After he had executed the promissory note, what happened?

A I gave to him the P700,000 and he gave to me the promissory note.

Q11 I’m showing to you this Promissory Note dated 3 March 2018 in the amount of
P700,000 and payable on 3 March 2019 without need of notice or demand. Is this the
promissory note which was executed by Defendant?

A Yes.
Q12 I’m showing to you this signature on the promissory note above the printed name
Juan Debtor. Is this the signature of the Defendant?

A Yes.

Q13 How do you know that it is his signature?

A He signed the promissory note in front of me and besides I’m familiar with his
signature since we are long-time friends and I’ve seen him sign several times.

ATTY. ENRIQUE: Your Honor we move that the Promissory Note be marked as
Exhibit A and that the Defendant’s signature thereon be sub-marked as Exhibit A-1.

Q14 What happened if any when the due date arrived?

A I called up the Defendant and demanded payment, but he said he could not pay
because his business had folded up.

Q15 What was your response to his statement?

A I said I’m sorry about his business but he should repay me because one year is
long enough and I need the money.

Q16 What was his response to your statement?

A He said he was so sorry but he could not repay me.

Q17 What did you do after he said he could not repay you?

A I engaged Atty. Rufo Enrique to file a collection case against him, which Atty.
Enrique did.

Q18 Has the Defendant paid his loan obligation to you?

A No, up to now he has not paid me a single centavo on his loan obligation.

Q19 What damages are you seeking from the Defendant?

A Apart from the repayment of the P700,000, I am also seeking interest by way of
damages at the rate of 6% per annum starting from 3 March 2019 until payment.

JOSE CREDITOR
SUBSCRIBED AND SWORN to before me on ______ June 2019 at
________________, Affiant exhibiting to me his Driver’s License No.
_______________________ valid until ____________________.

Doc. No. _____ NOTARY PUBLIC


Page No. _____ (Notarial Commission)
Book No. ______
Series of 2019

ATTESTATION

I, RUFO ENRIQUE, after having being duly sworn in accordance with law,
hereby attest that I conducted the foregoing examination of JOSE CREDITOR; that I
faithfully recorded the questions that I asked and the corresponding answers that the
affiant gave; that neither I nor any person present or assisting me or the witness
coached him regarding his answers, and that I am aware that a false attestation shall
subject me to disciplinary action, including disbarment.

RUFO ENRIQUE

SUBSCRIBED AND SWORN to before me on ______ June 2019 at


________________, Affiant exhibiting to me his Driver’s License No.
________________valid until ____________________.

Doc. No. _____ NOTARY PUBLIC


Page No. _____ (Notarial Commission)
Book No. ______
Series of 2019

G.1 NOTARIAL CERTIFICATE: JURAT

SUBSCRIBED AND SWORN to before me on _____________________ at


_____________________, Affiant exhibiting to me his Driver’s License No.
____________ valid until ______________.

Doc. No. ______ JUAN DELA CRUZ


Page No. ______ Commission LP-18-1231
Book No.______ Until 31 December 2019
Series of ______ Pall Mall Bldg., Las Pinas City

1
See NOTES.
PTR 1234/1-9-18/Las Pinas City
IBP No. 4567/1-9-18/Pasig City
Roll No. 34567/4 June 1992
MCLE Compliance No. VI-0015071
Issued on 23 October 2018, Pasig City

G.2.1 NOTARIAL CERTIFICATE: ACKNOWLEDGMENT (one-page document)

BEFORE me, a Notary Public for and in the City of Las Pinas, on ___________
personally appeared JOSE REYES who exhibited to me his Driver’s License No. __________
valid until _________________, known to me to be the same person who executed the
foregoing lease contract which he acknowledged before me as his free and voluntary act and
deed.

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

Doc. No. ______ JUAN DELA CRUZ


Page No. ______ Commission LP-18-123
Book No.______ Until 31 December 2019
Series of ______ Pall Mall Bldg., Las Pinas City
PTR 1234/1-9-18/Las Pinas City
IBP No. 4567/1-9-18/Pasig City
Roll No. 34567/4 June 1992
MCLE Compliance No. VI-0015071
Issued on 23 October 2018, Pasig City

G.2.2 NOTARIAL CERTIFICATE: ACKNOWLEDGMENT [2 or more pages]

BEFORE ME, a Notary Public for and in Las Pinas City, on ____________________,
personally appeared the following:

Name Gov’t ID No. Valid until

____________________ _____________ _______________

____________________ _____________ _______________

all known to me and to me known to be the same persons who executed the foregoing
Agreement and they acknowledged to me that the same is their free and voluntary act and
deed. This instrument, consisting of 3 pages, including the page on which this acknowledgment
is written, has been signed on the left margin of each and every page hereof by the concerned
parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL at the place and date above written.
Doc. No. ______ JUAN DELA CRUZ
Page No. ______ Commission LP-18-123
Book No.______ Until 31 December 2019
Series of ______ Pall Mall Bldg., Las Pinas City
PTR 1234/1-9-18/Las Pinas City
IBP No. 4567/1-9-18/Pasig City
Roll No. 34567/4 June 1992
MCLE Compliance No. VI-0015071
Issued on 23 October 2018, Pasig City

NOTES:

1. Below notary public, you can just write: “(Notarial Commission)” instead of the
full notarial commission details (which are quite long) unless instructed to write
the notarial commission details.
2. When pressed for time, you can just write “(Jurat)” or “(Acknowledgment).” If you
have adequate time, we advise you write out fully the jurat and acknowledgment.

H.1. MOTION FOR EXTENSION OF TIME

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Manila, Branch 45

PETER PAN,
Plaintiff,

-versus- Civil Case No. 19-1234


For: Sum of Money
CAPTAIN HOOK,
Defendant,
x--------------------------------x

MOTION FOR EXTENSION OF


TIME TO FILE ANSWER

Defendant, through the undersigned counsel, most respectfully avers that:

1. Defendant received the summons and complaint on 2 April 2019. Defendant


has fifteen days or until 17 April 2019 within which to file his answer or other responsive
paper.
2. Due however to his heavy caseload, the undersigned counsel would be
unable to file the answer or responsive paper by 17 April 2019.

WHEREFORE Defendant prays for an extension of 15 days from 17 April 2019


or until 2 May 2019 within which to file his answer.

Las Piñas City for Manila, 15 April 2019.

ATTY. ROBERT STEVENSON


Counsel for Defendant
2/F Pentax Building
235 Alabang-Zapote Road, Las Pinas City
MCLE Compliance No. V- 0012345
Issued on 10 October 2016
PTR No. 67891/1-2-2019/Las Piñas City
IBP No. 456789/1-2-2019/Pasig City
Roll No. 37840/4 June 1992

NOTICE

TO:

QUIBBLE & QUIBBLE


Counsel for the Plaintiff

ATTY. JUAN DELA CRUZ


Clerk of Court
RTC-Manila, Branch 45

Greetings:

Please take notice that the Defendant shall submit the foregoing motion for the
immediate consideration and approval of the court without further arguments, the
motion being non-litigious.

ATTY. ROBERT STEVENSON

EXPLANATION

Due to the distance to Plaintiff’s counsel and to lack of personnel, the


undersigned counsel for Defendant was constrained to serve a copy of this motion upon
Plaintiff’s counsel by registered mail.
ATTY. ROBERT STEVENSON

COPY FURNISHED:

QUIBBLE & QUIBBLE


Counsel for Plaintiff
3/F Anime Tower
123 C. Aguila Street
Manila

H.2. MOTION TO DISMISS

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Manila, Branch 45

PETER PAN,
Plaintiff,

vs. Civil Case No. 19-1234


For: Sum of Money
CAPTAIN HOOK,
Defendant,
x-----------------------x

MOTION TO DISMISS

Defendant, through the undersigned counsel, most respectfully avers that:

1. The allegations of the Complaint show that both the Plaintiff and the
Defendant are residents of Manila.

2. The dispute however had not been referred for mediation and conciliation
before the barangay captain and/or council, which is a condition precedent for filing the
case as required under the Local Government Code. No certificate to file action coming
from the barangay has been attached to the Complaint.

WHEREFORE, it is most respectfully prayed that the complaint be dismissed for


failure to comply with a condition precedent.

Las Piñas City for Manila, 2 May 2019.


ATTY. ROBERT STEVENSON
Counsel for Defendant
2/F Pentax Building
235 Alabang-Zapote Road, Las Pinas City
MCLE Compliance No. V- 0012345
Issued on 10 October 2016
PTR No. 67891/1-2-2019/Las Piñas City
IBP No. 456789/1-2-2019/Pasig City
Roll No. 37840/4 June 1992

NOTICE OF HEARING

To:

QUIBBLE & QUIBBLE


Counsel for the Plaintiff

ATTY. JUAN DELA CRUZ


Clerk of Court
RTC-Manila, Branch 45

Greetings:

Please take notice that the undersigned counsel for the Defendant shall submit the
foregoing motion for the approval of the Honorable Court on 10 May 2019 at 1:30 pm.

ATTY. ROBERT STEVENSON

EXPLANATION

Due to the distance to the Plaintiff’s counsel and to manpower limitations, the
undersigned counsel for the Defendant was constrained to file and/or serve this Motion
by registered mail.

ATTY. ROBERT STEVENSON

COPY FURNISHED:
QUIBBLE & QUIBBLE
Counsel for Plaintiff
3/F Anime Tower
123 C. Aguila Street
Manila

H.3. MOTION TO DECLARE DEFENDANT IN DEFAULT

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Manila, Branch 45

HENRY JEKYLL,
Plaintiff,

vs. Civil Case No. 19-1234


For: Sum of Money
EDWARD HYDE,
Defendant,
x-----------------------x

MOTION TO DECLARE DEFENDANT IN DEFAULT

Plaintiff, through the undersigned counsel, most respectfully avers that:

1. The Defendant was served with summons and the complaint on 2 May 2019,
as shown by the Sheriff’s return of even date.

2. Up to now, or more than 15 days from the service of the summons and
complaint upon him, the Defendant has not filed any answer.

WHEREFORE, it is most respectfully prayed that the Defendant be declared in


default and that the Honorable Court proceed to render judgment granting the Plaintiff
such relief as the Complaint may warrant.

Manila, 29 May 2019.

ATTY. FRANK N. STEIN


Counsel for Plaintiff
3/F Anime Tower
123 C. Aguila Street
Manila
MCLE Compliance No. V- 0012345
Issued on 10 October 2016
PTR No. 67891/1-2-2019/Las Piñas City
IBP No. 456789/1-2-2019/Pasig City
Roll No. 37840/4 June 1992

NOTICE OF HEARING

To:

ATTY. ROBERT STEVENSON


Counsel for the Defendant

ATTY. JUAN DELA CRUZ


Clerk of Court
RTC-Manila, Branch 45

Greetings:

Please take notice that the undersigned counsel for the Plaintiff shall submit the
foregoing motion for the approval of the Honorable Court on 7 June 2019 at 1:30 pm.

ATTY. FRANK N. STEIN

EXPLANATION

Due to the distance to the Defendant’s counsel and to manpower limitations, the
undersigned counsel for the Plaintiff was constrained to file and/or serve this Motion by
registered mail.

ATTY. FRANK N. STEIN

COPY FURNISHED:

ATTY. ROBERT STEVENSON


Counsel for Defendant
2/F Pentax Building
235 Alabang-Zapote Road, Las Piñas City

-oOo-
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