Ora et labora
LEGAL FORMS (1ST EXAM)
I. Nature and Consequences of Formalities
a. Governing Laws as to Formalities
 NCC, Article 17. The forms and solemnities of
contracts, wills, and other public instruments
shall be governed by the laws of the country in
which they are executed.
b. Formalities in Contracts
 Article 1356. Contracts shall be obligatory, in
whatever form they may have been entered into,
provided all the essential requisites for their
validity are present. However, when the law
requires that a contract be in some form in order
that it may be valid or enforceable, or that a
contract be proved in a certain way, that
requirement is absolute and indispensable. In
such cases, the right of the parties stated in the
following article cannot be exercised.
 Article 1358. The following must appear in a
public document:
(1) Acts and contracts which have for their
object the creation, transmission, modification
or extinguishment of real rights over immovable
property; sales of real property or of an interest
therein are governed by articles 1403, No. 2, and
1405;
(2) The cession, repudiation or renunciation of
hereditary rights or of those of the conjugal
partnership of gains;
(3) The power to administer property, or any
other power which has for its object an act
appearing or which should appear in a public
document, or should prejudice a third person;
(4) The cession of actions or rights proceeding
from an act appearing in a public document.
All other contracts where the amount involved
exceeds five hundred pesos must appear in
writing, even a private one. But sales of goods,
chattels or things in action are governed by
articles, 1403, No. 2 and 1405.
c. Concept of Formal Contracts, c.f.:
i. Donations Propter Nuptias (Art. 83, Family
Code)
ii. Deeds of Sale of Common/ Conjugal Properties
(Arts. 96/ 124, FC)
iii. Sale/ Encumbrance/ Transfer of the Family
Home (Art. 158, FC)
iv. Donation of personal property whose value
exceeds P5,000, the law requires that the
donation and the acceptance shall be made in
writing (Art. 748, CC)
v. Donation of immovable property, the law
requires that the donation shall be made in a
public document, while the acceptance shall be
made either in the same deed of donation or in a
separate public document (Art. 749, CC)
vi. Contract of sale of a piece of land or any interest
therein through an agent, the law requires that
the authority of the latter shall be in writing (Art.
1874, CC)
vii. Contract of simple loan or mutuum, the law
requires that any agreement with respect to
interest shall be expressly stipulated in writing
(Art. 1956, CC)
viii. Contract of antichresis, the law requires that the
amount of the principal and of the interest shall
be specified in writing (Art. 2134, CC)
ix. Contract of partnership where immovable
property or real rights are contributed to the
common fund, the law requires that the contract
shall be in a public instrument to which an
inventory of the property or real rights, signed by
the parties, must be attached. (Arts. 1771, 1773,
CC)
x. Contract of chattel mortgage, the law requires
that the personal property which is the subject
matter of the contract shall be recorded in the
Chattel Mortgage
xi. Contract involving the sale or transfer of large
cattle, the law requires that the ale or transfer
shall be registered (Sec. 22, Act No. 1147; Art.
1581, CC)
d. Remedies in case of defects
i. NCC, Article 1357. If the law requires a
document or other special form, as in the acts
and contracts enumerated in the following
article, the contracting parties may compel each
other to observe that form, once the contract has
been perfected. This right may be exercised
simultaneously with the action upon the
contract.
ii. Reformation of Instruments
 Article 1359. When, there having been a
meeting of the minds of the parties to a
contract, their true intention is not expressed
in the instrument purporting to embody the
agreement, by reason of mistake, fraud,
inequitable conduct or accident, one of the
parties may ask for the reformation of the
instrument to the end that such true intention
may be expressed.
If mistake, fraud, inequitable conduct, or
accident has prevented a meeting of the
minds of the parties, the proper remedy is not
reformation of the instrument but annulment
of the contract.
 Article 1360. The principles of the general
law on the reformation of instruments are
hereby adopted insofar as they are not in
conflict with the provisions of this Code.
 Article 1361. When a mutual mistake of the
parties causes the failure of the instrument to
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 disclose their real agreement, said instrument
may be reformed.
 Article 1362. If one party was mistaken and
the other acted fraudulently or inequitably in
such a way that the instrument does not show
their true intention, the former may ask for
the reformation of the instrument.
 Article 1363. When one party was mistaken
and the other knew or believed that the
instrument did not state their real agreement,
but concealed that fact from the former, the
instrument may be reformed.
 Article 1364. When through the ignorance,
lack of skill, negligence or bad faith on the
part of the person drafting the instrument or
of the clerk or typist, the instrument does not
express the true intention of the parties, the
courts may order that the instrument be
reformed.
 Article 1365. If two parties agree upon the
mortgage or pledge of real or personal
property, but the instrument states that the
property is sold absolutely or with a right of
repurchase, reformation of the instrument is
proper.
 Article 1366. There shall be no reformation
in the following cases:
(1) Simple donations inter vivos wherein no
condition is imposed;
(2) Wills;
(3) When the real agreement is void.
 Article 1367. When one of the parties has
brought an action to enforce the instrument,
he cannot subsequently ask for its
reformation.
 Article 1368. Reformation may be ordered at
the instance of either party or his successors
in interest, if the mistake was mutual;
otherwise, upon petition of the injured party,
or his heirs and assigns.
 Article 1369. The procedure for the
reformation of instrument shall be governed
by rules of court to be promulgated by the
Supreme Court.
 Rule 64, Rules of Court
2. Review on the 2004 Rules on Notarial Practice/ Rules of Court
a. Common Parts of Affidavits/ Public Documents
i. Scilicet
ii. Notarial Certification- Jurat vs.
Acknowledgment
Jurat- an act in which an individual on a single occasion:
(a) appears in person before the notary public
presents an instrument or document;
(b) is personally known to the notary public or
identified by the notary public through
competent evidence of identity as defined by
these Rules;
(c) signs the instrument or document in the
presence of the notary; and
(d) takes an oath or affirmation before the notary
public as to such instrument or document. (This
means that the declarant vows under penalty of
law to the whole truth of the contents of his
statement. Note also that the elements of a jurat
are connected by a conjunctive “and”. As such,
each one act should be reflected in the jurat.)
Acknowledgment- an act in which an individual on a
single occasion:
(a) appears in person before the notary public
and presents an integrally complete
instrument or document;
(b) is attested to be personally known to the
notary public or identified by the notary
public through competent evidence of
identity as defined by the Rules; and,
(c) represents to the notary public that the
signature on the instrument or document
was voluntarily affixed by him for the
purposes stated in the instrument or
document, declares that he has executed the
instrument or document as his free and
voluntary act and deed, and, if he acts in a
particular representative capacity, that he
has the authority to sign in that capacity.
From the foregoing, it becomes clear that a
notary public speaks in this part of the deed
or contract. He confirms that each of the
acts mentioned above took place in one
occasion.
iii. Signature and details of Notary Public
iv. Entries of Recording in the Notarial Book
b. Common Parts of Pleadings & Other Legal Documents
(Rules of Court)
i. Captions and Titles
Sec. 1, Rule 7. Caption. — The caption sets
forth the name of the court, the title of the
action, and the docket number if assigned.
The title of the action indicates the names of
the parties. They shall all be named in the
original complaint or petition; but in
subsequent pleadings, it shall be sufficient if
the name of the first party on each side be
stated with an appropriate indication when
there are other parties.
Their respective participation in the case
shall be indicated.
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ii. Body
Rules 7, Section 2. The body. — The body of
the pleading sets fourth its designation, the
allegations of the party's claims or defenses, the
relief prayed for, and the date of the pleading. (n)
(a) Paragraphs. — The allegations in the
body of a pleading shall be divided into
paragraphs so numbered to be readily identified,
each of which shall contain a statement of a
single set of circumstances so far as that can be
done with convenience. A paragraph may be
referred to by its number in all succeeding
pleadings. (3a)
(b) Headings. — When two or more
causes of action are joined the statement of the
first shall be prefaced by the words "first cause
of action,'' of the second by "second cause of
action", and so on for the others.
When one or more paragraphs in the answer are
addressed to one of several causes of action in
the complaint, they shall be prefaced by the
words "answer to the first cause of action" or
"answer to the second cause of action" and so on;
and when one or more paragraphs of the answer
are addressed to several causes of action, they
shall be prefaced by words to that effect. (4)
(c) Relief. — The pleading shall specify
the relief sought, but it may add a general prayer
for such further or other relief as may be deemed
just or equitable. (3a, R6)
(d) Date. — Every pleading shall be
dated.
iii. Signatures and Addresses
Rule 7, Section 3. Signature and address. —
Every pleading must be signed by the party or
counsel representing him, stating in either case
his address which should not be a post office
box.
The signature of counsel constitutes a certificate
by him that he has read the pleading; that to the
best of his knowledge, information, and belief
there is good ground to support it; and that it is
not interposed for delay.
An unsigned pleading produces no legal effect.
However, the court may, in its discretion, allow
such deficiency to be remedied if it shall appear
that the same was due to mere inadvertence and
not intended for delay. Counsel who deliberately
files an unsigned pleading, or signs a pleading in
violation of this Rule, or alleges scandalous or
indecent matter therein, or fails promptly report
to the court a change of his address, shall be
subject to appropriate disciplinary action.
iv. Details of Preparing Counsel- SC En Banc
Resolution on Bar Matter No. 1132 dated Nov.
12, 2002 and A.M. No. 07-6-5-SC
v. Verification
Rule 7, Section 4. Verification. — Except
when otherwise specifically required by law or
rule, pleadings need not be under oath, verified
or accompanied by affidavit .(5a)
A pleading is verified by an affidavit that the
affiant has read the pleading and that the
allegations therein are true and correct of his
knowledge and belief.
A pleading required to be verified which
contains a verification based on "information
and belief", or upon "knowledge, information
and belief", or lacks a proper verification, shall
be treated as an unsigned pleading.
vi. Certificate of Non-Forum Shopping/ Against
Forum Shopping
Rule 7, Section 5. Certification against forum
shopping. — The plaintiff or principal party
shall certify under oath in the complaint or other
initiatory pleading asserting a claim for relief, or
in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has
not theretofore commenced any action or filed
any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best
of his knowledge, no such other action or claim
is pending therein; (b) if there is such other
pending action or claim, a complete statement of
the present status thereof; and (c) if he should
thereafter learn that the same or similar action or
claim has been filed or is pending, he shall report
that fact within five (5) days therefrom to the
court wherein his aforesaid complaint or
initiatory pleading has been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of
the case without prejudice, unless otherwise
provided, upon motion and after hearing. The
submission of a false certification or non-
compliance with any of the undertakings therein
shall constitute indirect contempt of court,
without prejudice to the corresponding
administrative and criminal actions. If the acts of
the party or his counsel clearly constitute willful
and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice
and shall constitute direct contempt, as well as a
cause for administrative sanctions.
vii. In case of motions, Notice of Hearing
Rule 15, Section 5. Notice of hearing. — The
notice of hearing shall be addressed to all parties
concerned, and shall specify the time and date of
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 the hearing which must not be later than ten (10)
days after the filing of the motion.

viii. Proof of Service

Rule 13, Section 13.Proof of Service. — Proof

of personal service shall consist of a written
admission of the party served, or the official
return of the server, or the affidavit of the party
serving, containing a full statement of the date,
place and manner of service. If the service is by
ordinary mail, proof thereof shall consist of an
affidavit of the person mailing of facts showing
compliance with section 7 of this Rule. If service
is made by registered mail, proof shall be made
by such affidavit and the registry receipt issued
by the mailing office. The registry return card
shall be filed immediately upon its receipt by the
sender, or in lieu thereof the unclaimed letter
together with the certified or sworn copy of the
notice given by the postmaster to the addressee.

c. Petition for Notarial Commission

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