PRACTICAL EXERCISES

(Prof. Rhett Emmanuel C. Serfino)

 Practical Exercises - Coverage
A. Demand and authorization letters
B. Simple contracts: lease and sale
C. Special power of attorney
D. Verification and certificate of non-forum shopping
E. Notice of hearing and explanation in motions
F. Judicial Affidavits
G. Notarial certificates: jurat and acknowledgement
H. Motions for extension of time, to dismiss, and to
declare in default
 Parts of a Demand Letter
• Letterhead
• Date
• Recipient’s Name and Address
• Re: (Optional, if addressee is an organization)
• Salutation (always with a colon)
• Opening paragraph (whom you represent, enough
information about the dispute so reader knows what you
are writing about)
• The facts
• The law
• The demand and the consequences of failing to comply
• Ending formalities (closing, signature over typed name)
 SAMPLE DEMAND LETTER

10 November 2019

JUAN S. DELA CRUZ

President
Republika Construction and Development Corporation
#1 North Street, Quezon City

Mr. Dela Cruz:

I am writing to you on behalf of my client, PETRA REYES, in connection with the Banco De Oro – Muñoz Branch Check No.
00045678 dated 26 August 2019, in the amount of TWO MILLION PESOS (P2,000,000.00) which you issued to my client.

When Check No. 00045678 was deposited by my client with her bank on 28 August 2019, the same was dishonored for the reason
“Non Suff Funds” [Non Sufficient Funds]. For your reference, a photocopy of said check is attached hereto as Annex “A”.

In this connection, demand is hereby made upon you to make payment in full of the amount of said check, within five (5) banking
days from receipt of this demand letter, otherwise we will file the corresponding criminal action against you.

Your prompt compliance on this matter will avoid the inconvenience and anxiety of a criminal suit, as well as avoid the added
expenses brought on by litigation. Likewise worth mentioning is the possible prejudice to your character, integrity and reputation
brought about by pending litigation.

You may call the undersigned or Ms. Reyes at her telephone number: (0917)123-4567 to settle the same.

We trust that you will give this matter your preferential attention.

RHETT EMMANUEL C. SERFINO

Counsel for Petra Reyes
 SAMPLE DEMAND LETTER

07 June 2019

MR. REDENTOR SABLAY

MS. MA. CRISANTA SABLAY
8888 Acacia Street, Santa Monica
1100 Quezon City

Dear Mr. Redentor Sablay and Ms. Ma. Crisanta Sablay:

I am writing to you on behalf of my clients, EUGENE PORTER, ROSITA ESPINOSA, and ABRAHAM FORD, as represented by their
Attorney-in-Fact SASHA WILLIAMS, the owners of the house and lot located at No. 8888 Acacia Street, Santa Monica, Quezon City
which you are presently occupying against the will and without the consent of said owners.

Please be informed that my clients intend to repair and renovate said premises as the same is no longer habitable. In this
connection, DEMAND is hereby made upon you to vacate the premises within five (5) days from receipt of this letter, otherwise
we will be constrained to institute the necessary action in court against you.

Your prompt compliance on this matter will avoid the inconvenience and anxiety, as well as avoid the added expenses brought on
by litigation. Likewise worth mentioning is the possible prejudice to your character, integrity and reputation brought about by
pending litigation.

You may call the undersigned or Ms. Sasha Williams at her telephone number: (0917)123-4567 to settle the same.

RHETT EMMANUEL C. SERFINO

Counsel for Porter et al.
 Parts of an Authorization Letter
• Letterhead
• Date
• Recipient’s Name and Address
• Salutation (always with a colon)
• Conferment of authority (name of person being
authorized
• Acts authorized to perform
• Additional/Incidental powers conferred
• Ending formalities (closing, signature over typed
name)
 SAMPLE AUTHORIZATION LETTER

17 November 2019

TO WHOM IT MAY CONCERN:

This is to authorize the bearer, JUAN DELA CRUZ, to do and perform the following
acts:

To claim and pick up my Ford Everest (Titanium model), with plate Number ABC 1234.

To make, sign, and execute contracts, documents, and other writings of whatever
nature or kind in connection with claiming, picking up, and release of the said unit
from your workshop.

Your usual assistance and cooperation on this matter is highly appreciated.

PETRA DELA CRUZ

 SAMPLE AUTHORIZATION LETTER

30 October 2019

TO WHOM IT MAY CONCERN:

This is to authorize our brother-in-law, MAX DETWEILER, to do and perform the following acts:

To apply and file, on our behalf, an application for a 2-Year Clearance to Travel for our minor child MARTA VON
TRAPP, with the Department of Social Welfare and Development, for the latter’s travel abroad with her uncle
and aunt, HANS ZELLER and ELSA ZELLER

To make, sign, and execute contracts, documents, and other writings of whatever nature or kind in connection
with said application for Clearance to Travel.

Your usual assistance and cooperation on this matter is highly appreciated.

GEORG VON TRAPP MARIA RAINER VON TRAPP

 SUBSTANCE OF THE CONTRACT

• Parties and subject matter

• Operative provisions
• Contingencies
• Boilerplate provisions
 Deed of Sale Checklist
1. Parties and subject matter
• Parties
• Date of the contract
• Description of Property Sold
2. Operative Provisions
• Price/Terms of Payment
• Obligation of Seller
• Obligation of Buyer
• Time of Performance
3. Contingencies
• Warranties
• Remedies of Buyer/Seller
4. Boilerplate
5. Signature Line
6. Acknowledgment
 Simple Deed of Absolute Sale
KNOW ALL MEN BY THESE PRESENTS:

That I, XXX, a Filipino, of legal age, with residence and post-office address at ______________;

for and in consideration of the amount of __________ PESOS (P__________), Philippine Currency, to me in hand paid by and
receipt of which is hereby acknowledged from YYY, Filipino, of legal age, and with residence and post-office address at
__________,

do hereby SELL, TRANSFER AND CONVEY, absolutely and unconditionally unto the said YYY, his heirs and assigns, that certain
parcel of land, together with the improvements thereon, situated in _________, covered by Original Certificate of Title No.
_________, registered in my name.

It is hereby mutually agreed that YYY shall bear all the expenses for the execution and registration of this Deed of
Absolute Sale.

IN WITNESS WHEREOF, we have hereunto affixed our hands this ___ day of ___________________, 2017 at
___________________, Philippines.
________________________ _____________________
XXX YYY

With my marital consent:

Signed in the presence of:

________________________ _________________________

ACKNOWLEDGMENT
 Contract of Lease Checklist
1. Parties and subject matter
• Parties
• Date of the contract
• Description of Property Leased
2. Operative Provisions
• Duration of Lease/Renewal
• Terms of Rental Payment
• Obligation of Landlord
• Obligation of Tenant
3. Contingencies
• Termination of Lease Prior to End of Term
• Non-payment of Rentals
• Remedies of Landlord/Tenant
4. Boilerplate
• Assignment
• Venue
• Damages/Attorney’s Fees
5. Signature Line
6. Acknowledgment
 Simple Contract of Lease
KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE made and entered into by and between _________, of legal age, with residence and
post-office address at _________, hereinafter referred to as the LANDLORD; and _________, of legal age, with residence and
post-office address at _________, hereinafter referred to as the TENANT;

WITNESSETH:

1, That in consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) , payable within the first five days of the
month, the LANDLORD hereby leases unto the TENANT description of premises located at _________ owned by and belonging to
the LANDLORD;

2. That the term of the Lease shall be for two years starting on _________ and ending on _________;

3. That the electric, water, telephone, and other utility bills shall be for the account of the TENANT.

IN WITNESS WHEREOF, we have hereunto affixed our hands this ___ day of ___________________, 2017 at
___________________, Philippines.
________________________ _____________________
XXX YYY

Signed in the presence of:

________________________ _________________________

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

An agency is either general or special. 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 (Article 1868 in relation to Articles 1876 and
1877, Civil Code of the Philippines).

The power couched in a General Power of Attorney is the power of administration in contrast to
the power which is given in a Special Power of Attorney.

A special power of attorney refers to a clear mandate (express or implied) specifically

authorizing the performance of the act and must therefore be distinguished from an agency
couched in general terms (Paras, Civil Code of the Philippines, Fourteenth Edition, 2000, Book V,
Page 733).

Simply put, in a special power of attorney, there is a specific authority which is given to the
representative or attorney-in-fact which does not only pertain to the power of administration but
to the power of disposition, i.e., the sale, mortgage or disposition of a property.
Art. 1878. Special powers of attorney are necessary in the following cases:

1) To make such payments as are not usually considered as acts of administration;

2) To effect novations which put an end to obligations already in existence at the
time the agency was constituted;
3) To compromise, to submit questions to arbitration, to renounce the right to
appeal from a judgment, to waive objections to the venue of an action or to
abandon a prescription already acquired;
4) To waive any obligation gratuitously;
5) To enter into any contract by which the ownership of an immovable is
transmitted or acquired either gratuitously or for a valuable consideration;
6) To make gifts, except customary ones for charity or those made to employees in
the business managed by the agent;
7) To loan or borrow money, unless the latter act be urgent and indispensable for
the preservation of the things which are under administration;
8) To lease any real property to another person for more than one year;
9) To bind the principal to render some service without compensation;
10) To bind the principal in a contract of partnership;
11) To obligate the principal as a guarantor or surety;
12) To create or convey real rights over immovable property;
13) To accept or repudiate an inheritance;
14) To ratify or recognize obligations contracted before the agency;
15) Any other act of strict dominion. (n)
 SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, XXX is the registered owner of a parcel of land located in Brgy. Xxx, Municipality of xxx, Province of xxxx covered by Transfer Certificate of Title No. ___________;

WHEREAS, the aforesaid registered owner is now desirous of selling the aforementioned parcel of to any party who may be interested in purchasing the same;

WHEREAS, XXX is unable to personally sell, transfer, and convey his interest in the aforementioned parcel, being a resident of XXX, USA;

WHEREAS, XXX has decided to delegate the power to sell, transfer, and convey his interest in the aforementioned parcel to an attorney-in-fact;

NOW, THEREFORE, I, XXX, a Filipino (change to “an American national”, if this is the case), of legal age, married to (name of his spouse), with residence and post-office
address at _________________,

do hereby name, constitute, and appoint YYY, of legal age, with residence and post-office address at ___________________, Philippines, to be my true and lawful attorney, for me and in my
name, place, and stead, to SELL, TRANSFER, and CONVEY, to whosoever may buy or purchase my interest in the above-mentioned parcel of land, which is more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE No. ###

Technical Description

To collect, receive and/or demand any amount of money or similar claims relative to and in connection with the foregoing grant of powers and authorities in relation to the
aforesaid property

To make, sign, and execute contracts, documents, and other writings of whatever nature or kind in connection with the foregoing authority to sell and convey the property aforementioned;

HEREBY GIVING AND GRANTING unto my said attorney full power and authority to do and perform all and every act requisite or necessary or proper to carry into effect the foregoing authority to
sell, as fully to all intents and purposes as I might or could lawfully do if personally present, and hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done by
virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hands this ___ day of _____________, 2017, in ________________________________.

__________________________
XXX
With my marital consent:

__________________________
(Name of XXX’s wife)
Signed in the presence of:

____________________ ____________________

ACKNOWLEDGMENT
 Verification and Certification Against Forum-Shopping
I, AAA, of legal age, with residence and post-office addresses at _________;
after having been duly sworn in accordance with law hereby depose and state:

1. That I am the petitioner in this case;

2. That I caused the preparation of the foregoing Petition; I have read the same; and
the allegations therein are true and correct of my personal knowledge and based on
authentic records;
3. That I further certify that I have not heretofore commenced any action or filed any
claim involving the same issues before the Supreme Court or any of its Divisions, in
any other court, tribunal or quasi-judicial agency and, to the best of my knowledge, no
such other action or claim is pending therein; if we should thereafter learn that the
same or similar action has been filed or is pending, we shall report that fact within five
(5) days therefrom to the Honorable Court, where this petition has been filed.

(Sgd) AAA
Affiant

JURAT
 NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Regional Trial Court – Br. __
Address

OPPOSING COUNSEL
Address

G r e e t i n g s:

Please take notice that the undersigned counsel will submit the state name of
pleading for the consideration and resolution of the Honorable Court on date at 8:30 o’clock in
the morning.

Valenzuela City for Court Address, Date.

ATTY. XXX

Copy furnished:

Opposing Counsel
Address
 EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

That due to the distance involved and the lack of

adequate manpower, service of the foregoing state name of
pleading, enclosed in a sealed envelope, was done by registered
mail.

ATTY. XXX
 AFFIDAVIT OF SERVICE and EXPLANATION

I, AAA, of legal age, with residence and post-office address at _________, after having been duly sworn in
accordance with law hereby depose and state:

That due to the distance involved and the lack of adequate manpower, I served a copy of the foregoing
Petition for Review on Certiorari, enclosed in a sealed envelope, properly addressed as indicated hereunder, to
respondents, as follows:

COURT OF APPEALS
Ma. Orosa Street, Manila
Registry Receipt No. ___________

OPPOSING COUNSEL
Address
Registry Receipt No. ___________

by registered mail, depositing the same with the ______________ Post Office, today, __ November 2017, with
instruction to the postmaster to return the same if unserved within ten (10) days, as evidenced by the registry receipt
hereunder opposite the name of the addressee.

AAA

JURAT
 JURAT

SUBSCRIBED AND SWORN TO before me this __

day of November, 2017, affiant exhibiting to me her
__________ issued in ___________ on ______________
as competent evidence of her identity.

NOTARY PUBLIC

Doc. No. ____

Page No. ____
Book No. ___
Series of 2017.
 ACKNOWLEDGMENT

Republic of the Philippines)

City of _______________ ) S.S.

BEFORE ME, a notary public for and in _________________, personally appeared and exhibited to
me

Name ID No. Issued at On

as competent evidence of their identity, known to me to be the same persons who executed the foregoing
instrument and who acknowledged to me that the same is their free and voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _______________, 2017 in
_____________.

NOTARY PUBLIC

Doc. No. ____

Page No. ____
Book No. ____
Series of 2017.
 Caption

MOTION FOR EXTENSION OF TIME TO FILE ANSWER

Defendants MANUEL L. QUEZON, AURORA A. QUEZON, PEDRO L. QUEZON, and RUFINA MOLINA QUEZON, by themselves, respectfully
state: That–

1, Defendants received, on 05 August 2019 a copy of the Summons of the Honorable Court dated 29 July 2019 requiring defendants to file
their Answer to the Complaint within fifteen days from service of the summons. The last day of filing said Answer would thus expire on 20 August 2019;

2. Unfortunately, due to their number, defendants have been having difficulty procuring, and still have to procure, the services of a lawyer
to represent them in this case. They are likewise also still securing documents relevant to their defenses in this case. Accordingly, defendants humbly
request that they be given an additional period of at least fifteen (15) days, from 20 August 2018, or up to 04 September 2019, within which to secure the
services of a lawyer and to file their Answer;

3. This motion is not intended to delay the case, but solely because of the reason above-mentioned;

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that defendants be given an extension of at least fifteen (15) days from
20 August 2019, or until 04 September 2010, within which to file their Answer.

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

Quezon City, 19 August 2019.

MANUEL L. QUEZON AURORA A. QUEZON

PEDRO L. QUEZON RUFINA MOLINA QUEZON

Notice of Hearing

Explanation
 Caption

MOTION FOR EXTENSION OF TIME TO SUBMIT MEMORANDUM

ACCUSED MANUEL L. QUEZON, AURORA A. QUEZON, PEDRO L. QUEZON, and RUFINA MOLINA QUEZON, through undersigned counsel,
unto the Honorable Court, respectfully states:

1. That on 10 July 2018, accused received a copy of the Resolution in the above-captioned case requiring them to submit their
Memorandum within a period of thirty (30) days from notice thereof, or up to 09 August 2018;

2. However, undersigned counsel, aside from court hearings,, has to prepare pleadings in other equally important cases. For these
reasons, undersigned counsel is constrained to ask for an extension of thirty (30) days from 09 August 2018, or until 08 September 2018 within which to file
the requisite Memorandum, as undersigned counsel, due to heavy pressure of work, finds it impossible to file said memorandum on or before its due date
and he needs additional time to review the records of the case;

3. That the filing of this motion is made in good faith and for the reasons aforecited and is not intended for delay.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that accused be given an extension of at least thirty (30) days from 09
August 20148 or until 08 September 2018, within which to file their Memorandum.

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

Valenzuela City for Quezon City, 09 August 2018.

RHETT EMMANUEL C. SERFINO

Counsel for Accused
Notice of Hearing

Explanation
 Motion to Dismiss
GROUNDS:

a) That the court has no jurisdiction over the person of the defending
party;
b) That the court has no jurisdiction over the subject matter of the claim;
c) That venue is improperly laid;
d) That the plaintiff has no legal capacity to sue;
e) That there is another action pending between the same parties for the
same cause;
f) That the cause of action is barred by a prior judgment or by the statute
of limitations;
g) That the pleading asserting the claim states no cause of action;
h) That the claim or demand set forth in the plaintiff's pleading has been
paid, waived, abandoned, or otherwise extinguished;
i) That the claim on which the action is founded is unenforceable under
the provisions of the statute of frauds; and
j) That a condition precedent for filing the claim has not been complied
with.
 CAPTION

MOTION TO DISMISS

DEFENDANTS SPOUSES SALOME and HEROD ANTIPAS, through undersigned counsel, most respectfully move for the dismissal of the
Complaint, a copy of which they received on 12 April 2019, on the following grounds:

THE COMPLAINT STATES NO CAUSE OF ACTION

A reading of the Complaint will show that the land sought to be recovered xxx xxx xxx

THE COMPLAINT IS BARRED BY THE STATUTE OF LIMITATIONS AND LACHES

Again, a reading of the Complaint will show xxx xxx xxx

THE COMPLAINT HAS A DEFECTIVE CERTIFICATION AGAINST FORUM-SHOPPING AND IS DISMISSIBLE ON SAID GROUND

Section 5, Rule 7 of the 1997 Rules of Civil Procedure requires xxx xxx xxx

PRAYER

PREMISES CONSIDERED, it is most respectfully prayed that the Complaint be DISMISSED for failure to state a cause of action, prescription,
laches, and defective certification against forum shopping.

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

Valenzuela City for Pandan, Antique, 18 April 2019.

RHETT EMMANUEL C. SERFINO

Counsel for XYZ Manpower

Notice of Hearing

Explanation
 CAPTION

MOTION TO DISMISS

XYZ MANPOWER SERVICES, INC. most respectfully moves for the dismissal of the instant case on the
following ground:

THE DOLE HAS NO JURISDICTION OVER THE INSTANT CASE AS THE SAME FALLS UNDER THE EXCEPTION IN ART. 128 OF
THE LABOR CODE

It is not denied that the DOLE Secretary and her authorized representatives, such as xxx xxx
xxx

PRAYER

PREMISES CONSIDERED, it is most respectfully prayed that the instant case be DISMISSED, as jurisdiction
over the same properly lies with the National Labor Relations Commission, not the Department of Labor and
Employment.

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

Valenzuela City for Makati City, 27 February 2019.

RHETT EMMANUEL C. SERFINO

Counsel for XYZ Manpower

Notice of Hearing

Explanation
 CAPTION

MOTION TO DECLARE DEFENDANT RICARDO DALISAY IN DEFAULT

Plaintiffs, through undersigned counsel, and to this Honorable Court, most respectfully aver: That–

1. After being summoned, defendant Ricardo Dalisay filed a Motion to Dismiss the Complaint herein;

2. In an Order dated 19 December 2018, the Honorable Court denied said Motion;

3. Section 4, Rule 16 of the 1997 Rules of Civil Procedure pertinently provides:

Section 4. Time to plead. If the motion is denied, the movant shall file his answer within the balance of the period prescribed by
Rule 11 to which he was entitled at the time of serving his motion, but not less than five (5) days in any event, computed fr om
his receipt of the notice of the denial. If the pleading is ordered to be amended, he shall file his answer within the period
prescribed by Rule 11 counted from service of the amended pleading, unless the court provides a longer period.

4. Notably, plaintiffs, up to the present, have yet to receive an Answer to the Complaint from defendant Dalisay;

5. As such, it appears that defendant Dalisay has failed to file an Answer to the Complaint within the period
prescribed by the Rules. Accordingly, it is respectfully prayed that defendant Dalisay be declared in default pursuant to the Rules
of Court;

PRAYER

PREMISES CONSIDERED, it is most respectfully prayed that defendant RICARDOP DALISAY be declared IN DEFAULT
pursuant to the Rules of Court.

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

Valenzuela City for Makati City, 27 February 2019.

Notice of Hearing

Explanation