Académique Documents
Professionnel Documents
Culture Documents
Deeds
Conveyances
Mortgages
Leases
Releases and discharges affecting lands
whether registered under Act 496 or
unregistered
Q: What is a document?
1.
2.
176
[5] IDENTIFICATION
___________________
___________________
[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
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
him. It is not part of the affidavit. (Suarez, 2007)
177
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
178
[4] Relief
[5] Attorney
[6] PLUS
a.
b.
A: Cap-Ti-BRA PLUS
[1] Caption
[2] Title
[3] Body
c.
d.
e.
Verification, if required
Certificate of non-forum shopping,
when appropriate
Notice of hearing, when required
Proof of service
Explanation
[1] ________________________,
Plaintiff,
-versus________________________,
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
179
Q: What is a Prayer?
A: This is a part of the pleading which states the
relief or reliefs prayed for by the parties.
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 attorneys 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. __________
Counsel for _______________
(Firm Name)
(Office Address)
Registry Receipt
Date: _______________
Post Office:
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
180
LEGAL FORMS
b.
c.
7. VERIFICATION
2.
What is verification?
3.
4.
5.
6.
181
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
B. BUSINESS FORMS
Note: Conveyance is a deed whereby the ownership of
a real property is transferred from one person to
another. (Suarez, 2007)
1. CONTRACTS
A contract is a meeting of minds between two
persons whereby one binds himself, with respect to
the other, to give something or to render some
service. (Art. 1305, NCC)
182
LEGAL FORMS
ARTHUR MIRANDA
Lessee
[6] (ACKNOWLEDGMENT)
183
[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
Lessor
ARTHUR MIRANDA
Lessee
184
[4] Mortgagee
[5] Conveyance of real property with technical
description
[6] Ownership of real property
[7] Discharge of mortgage
[8] Acknowledgment
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
185
_____ 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
________________
[6] (ACKNOWLEDGMENT)
[7] (AFFIDAVIT OF GOOD FAITH)
[8] (JURAT)
186
LEGAL FORMS
__________________
Pledgee
2. DEED
Q: What is a deed?
A: A deed is a written instrument under seal
containing a contract or agreement which has been
delivered by the parties to be bound and accepted
by the obligee or covenantee. (Suarez, 2007)
Note: In a deed, a person disposes of his property or
right in favor of another.
__________________
187
Note: You can use this pattern for all kinds of deeds.
You need only vary the act or conveyance portion to
188
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:
___________________
(Vendors wife)
Signed in the Presence of:
_______________
_______________
Acknowledgment
189
________________
(Vendee)
With my consent:
___________________
(Vendors wife)
Signed in the Presence of:
_________________
_________________
Acknowledgment
________________
(Vendee)
With my consent:
___________________
(Vendors wife)
With my consent:
_____________________
(Vendees Wife)
190
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
191
JOINT ACKNOWLEDGMENT
192
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
193
194
LEGAL FORMS
Q: What are the parts of a special power of
attorney?
A: VeT-PAP-GA
[1] Venue and Title
[2] Personal Circumstance
____________________
195
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 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.)
197
_________________________
(Signature of Stockholder)
________________________
(Signature of Stockholder)
198
LEGAL FORMS
Q: What does a secretarys certificate contain?
A:
[1] Personal circumstances of the secretary
[2] Date of the Meeting and Resolution of the Board
[3] Resolutions still in force
[4] Jurat
199
A:
[1] Name of treasurer
[2] Election as treasurer
Form 28: Treasurers Affidavit
REPUBLIC OF THE PHILIPPINES
PROVINCE OF ______________ S.S.
CITY/MUNICIPALITY OF_______
TREASURERS 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.
___________________________
(Treasurers name &
signature)
[5] JURAT
5. PARTNERSHIP
Q: What are the contents of an Articles of
Partnership?
A: PeN-POM-TeCa-DiSa-Dis-Jack
[1] Personal circumstances of the partners
[2] Name of partnership
200
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
201
202
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
)
7. WILL
2.
3.
203
___________________________________________
(residence)
___________________________________________
(residence)
___________________________________________
(residence)
JOINT ACKNOWLEDGMENT
204
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.
No.
Place of
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:
[1] Caption
[2] Title
[3] Introduction
[4] Body
[5] Relief
[6] Attorney
[7] Plus or addendums
1. AFFIDAVITS
Q: What is an Affidavit?
A:
[1] Venue
[2] Title
[3] Person
[4] Oath
205
[7] Jurat
206
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)
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)
207
2. MOTIONS
Q: What is a motion?
A: A motion is an application for relief other than by
a pleading. (Sec. 1, Rule 15)
A motion shall state the relief sought to be
obtained and the grounds upon which it is based,
and if required by the Rules or necessary to prove
facts alleged therein, shall be accompanied by
supporting affidavits and other papers. (Sec. 3, Rule
15, RRC)
Note: The plus for a motion is the notice of hearing
(mandatory if the motion is a litigated motion). If filing
of a pleading or service of its copy on adverse party is
[4] Prayer
[5] Place, date and signature
[6] Notice of Hearing
[7] Proof of Service
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 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 Sheriffs return of even date, a copy of which is attached as Annex A;
2. Defendants 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.
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.
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.
2.
209
210
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 defendants 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 defendants answer to the complaint. Other just and equitable
reliefs are also prayed.
211
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 attorneys 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)
212
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.
213
214
LEGAL FORMS
4. ANSWER
Q: What is an answer?
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. attorneys 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
215
216
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 Plaintiffs 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 petitioners 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 petitioners 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.
A:
1.
2.
3.
4.
5.
Jurisdictional facts
Personal circumstance of the ward
Ground for guardianship
Death of parents of the minor or
termination or suspension of parental
authority
Remarriage of minors surviving parent
7.
8.
9.
217
1.
2.
3.
218
LEGAL FORMS
the filing of the petition by an authorized
party on behalf of the aggrieved party
suspends the right of all others, observing
the order established herein. (Sec. 2, Writ
of Amparo)
219
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)
220
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, petitioners
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.
221
A:
1.
2.
3.
4.
5.
6.
222
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 plaintiffs rights and duties
thereunder.
(Venue, date, signature)
(VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)
223
Q: What is prohibition?
A: It is a special civil action directed against any
tribunal, corporation, board or person whether
exercising judicial or ministerial functions claiming
that said tribunal, corporation, board or persons
acted without jurisdiction or with grave abuse of
discretion and there is no appeal, nor any plain,
Q: What is mandamus?
A: It is a special civil action directed against any
tribunal, corporation, board or person claiming that
said tribunal, corporation, board or person has
unlawfully neglected the performance of an act
which the law specifically enjoins as a duty resulting
from an office, trust or station or has excluded
another from the use and enjoyment or the right or
office to which such person is entitled form the use
224
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
225
226
LEGAL FORMS
6. CRIMINAL ACTIONS
Form 69: Criminal Complaint-Affidavit
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____, QUEZON CITY
xxx
Accused,
x--------------------------------------------x
CRIMINAL COMPLAINT
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.
227
________________________,
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).
228
LEGAL FORMS
229
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 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.
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).
231
232
LEGAL FORMS
Form 74: Comment/Opposition to Offer
COMMENT ON THE PROSECUTIONS
FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully opposes the Prosecutions 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 prosecutions 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
_________________
233
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 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 voters 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
235
3.
3.
2.
236
b.
Knowing
the
essential
statements of your legal
argument is important because
the effectiveness of your
argument depends on how ably
you write up each statement of
your argument into a convincing
part. Knowing the essentials
enables you to dismantle your
argument, reinforce or improve
the weak parts, emphasize the
strong, and put them together
again to produce a persuasive
argument (Abad, 2009).
a.
a.
b.
4.
LEGAL FORMS
- List all the pertinent laws and jurisprudence
which are not in your favor to show your client
both sides as to not incite overexcitement to a
winning case nor distress over a possibly losing
case.
5.
6.
237
238
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 latters
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 latters 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 resale,
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
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 latters 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:
239
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 Furnitures 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 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
clients 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 attorneys 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.
241
242
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 takers gain, but the owners loss. (NPC v. Manubay AgroIndustrial, 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.
243
5.
1.
HEADING
2.
3.
244
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
Plaintiffs version of the facts
Defendants 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,
-versusGONZALO REALTY CORP.,
Defendant
x--------------------------------x
DEFENDANTS MEMORANDUM
245
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 Realtys president in 1998 did not mean that all his acts were the acts of the
corporation. Consider the following:
246
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;
-andRAMON 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 latters 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 Maranans 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 Realtys
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:
CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE SANTOS
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
247
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 corporations 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 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 Guillermos 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 Realtys 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 Realtys 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 Gonzalos 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 attorneys 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
attorneys 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.]
249
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 Paraaque City
Source: Abad, Roberto.
The Fundamentals of Legal Writing. 2009.
250