Escolar Documentos
Profissional Documentos
Cultura Documentos
Subject-Verb-Agreement
Use of Who or Whom
Use of Personal Pronouns
Use of Reflexive Pronounces
Which to Use the: Who, Whom, or That
Pronoun Reference
Use of Sex-Linked Pronouns
Use of Subjunctive Mood
Comma
Semicolon
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Colon
Parenthesis
Hyphen
Dash
Quotation Marks
Apostrophe
Exclamation Point
Brackets
Punctuation of Citations
Punctuation of Structured Enumerations
III. THE NOTARIAL LAW (AM NO. 02-8-13 SC) as amended by Supreme
Courts Resolution dated February 19, 2008 on Sec. 12 (a), Rule II of 2004
Rules of Notarial Practice Competent Evidence of Identity such as
government issued IDs.
A. Definition of Notary Rule (Rule II, Sec. 9)
B. Appointment and Qualification of Notaries Public (Rule III, Secs. 1-10)
C. Jurisdiction and Powers of Notaries Public (Rule III, Sec. II, AM No. 02-13 SC., Rule IV)
D. Notarial Register (Rule VI)
E. Revocation of Commission (Rule XI)
F. Offenses Against Notarial Law (Sec. 1, Rule XII)
G. Notarial Fees (Rule V)
IV. AFFIDAVITS
A.
B.
C.
D.
E.
Preliminary Statement
Narration/Declaration of Facts
Purpose of Statements
Jurat (Rule II, Sec. 6/Sec. 12, AM No. 02-8-13 SC)
Acknowledgment (Rule II, Sec. 1/Sec. 12, A.M No. 02-8-13 SC)
F. Commonly-used Affidavits:
Affidavit of Loss
Affidavit of Desistance
Affidavit of Publication
Quitclaim (Employer/Employee Relationship)
Direct testimony of the witness, subject to the right to object
to inadmissible portions and to the right to cross-examination
by the other party (A.M. No. 03-1-09-SC, August 16, 2004,
ACKNOWLEDGMENT
JURAT
Act of one who has executed a deed, Part of an affidavit where the officer
in going before some competent officer certifies that the same was sworn
or court and declaring it to be his act before him
or deed
Authorizes the deed to be given in Gives the document a legal character
evidence without further proof of its
execution AND entitles it to be
recorded
When used:
When used:
-to
authenticate
an
agreement -affidavits
between 2 or more persons
-certifications
-where the document contains a
-when person executing makes a
disposition of property
statement of facts or attests to the
truth of an event, under oath
Cardinal Rules in Drafting Legal Contracts:
1. State the particular kind of contract or agreement to be drafted.
2. The FULL NAMES of the parties, their capacity, civil status and residences
should come next.
3. The PRINCIPAL or OPERATIONAL CLAUSES of the document should be
stated in separate, numbered paragraphs.
4. Verbosity should be avoided
5. Specific or technical terms, which have special meanings in the document
should be defined.
Contract or Agreement
DEED POOL/UNILATERAL CONTRACT
DEED OF INDENTURE/BILATERAL
CONTRACT
No need for the vendee or other party Vendee or other party must sign both
to sign the deed/contract nor the the deed and acknowledgment
acknowledgment thereof
Parts of a Typical Deed
Title
Announcement
Part one:
Consideration
Act of conveyance
Part two:
Signature
Acknowledgment
A. Forms in a Partnership
Articles of Partnership
B. Forms in a Corporation
B. Memorandum of Facts
C. Legal Brief
D. Legal Opinion
Supreme Court
Court of Appeals
Regional Trial Court
Metropolitan Trial Court
NLRC
Other Administrative Agencies
C. Content
1.
2.
3.
4.
5.
6.
7.
8.
9.
Preliminary Statements
Parties
Jurisdictional Grounds
Statement of the Case
Issues
Summary of Arguments
Discussion of Arguments
Conclusion/Prayer/Relief
Signature
and Address Lawyers credentials, such as,
Statement of Contact Details of Parties or their counsels in all
papers and pleadings filed with the SC telephone numbers, fax
numbers, cellphone or e-mail address in addition to the
counsels PTR, IBP and Roll of Attorneys Numbers (Bar Matter
No. 1132) and MCLEE (Bar Matter No. 1922) requirements (A.M.
No. 07-6-5-SC, July 10, 2007).
Pleadings in Civil Cases
Pleadings in Criminal Cases
Motions
Special Proceedings (Refer to Part II, Special Proceedings, Rules of
D.
E.
F.
G.
Court)
H. Provisional Remedies (Refer to Rules of Court)
I. Appeals (Refer to Secs. 10, 11 and 12 of Rule 46 for Civil Cases; Sec.
5 and 6 of Rule 124 for Criminal Cases)
J. Filing and service of the pleadings (personal, registered mail under the
provisions of the Revised Rules of Court, and Rules on E-Filing under A.M. No.
10-3-7-SC, in relation to Rule for the Efficient Use of Paper under A.M. No. 119-4-SC).
VIII. MANNER OF PREPARATION OF A LEGAL CITATION
The following are lifted from the Fifth Revised Edition of the Philippine Manual of
Legal Citations, which was prepared by the U.P. Law Center. The manual is
closely patterned after the Uniform System of Citation (the Bluebook of
Harvard) of the United States of America, from which many of our laws were
taken.
A. Primary Sources
1. Court Decisions
a. Case Names
General Rule
When you cite cases, give the surname of the parties, the volume, the
title & page of reports, and the year of promulgation in parenthesis.
Abbreviate the word versus or contra as v. When used in text,
underscore the title of the case (if printed, italicize); and place the source
or citation in the footnote.
Ex: Pacquai v. Dela Joyau, 123 sCRA 456 (2008)
If two (2) or more actions are consolidated in one (1) decision, cite only
the first case listed.
Ex: Correct
Pacquai v. Dela Joyau, 123 SCRA 456 (2008)
Wrong
Pacquai v. Dela Joyau; Pacquai v. Abarrera; Pacquai vs.
Marquez;
Pacquai v. Morales, 123 SCRA 456 (2008)
Case titles used in pleadings must be underlined if used in text.
printed, italicize it.
If
Ex: In Pacquiao vs. Dela Hoya, 123 SCRA 456, the Supreme Court
ruled that x x x.
Crime does not pay. (Pacquiao v. Dela Joya, 123 SCRA 456)
Exceptions
Islamic and Chinese names must be cited in full because their similar
names, coupled with the absence of a middle name/initial, would make it
hard to distinguish one person from another. For those with Christian or
regular first names, follow the general rule.
Ex. Luk Yu Wen v. Arroyo, instead of Luk v. Arroyo
Fong v. Gan, instead of Louie Fong v. Gunther Gan
Compound names must be cited in full
Ex: People v. De la Merced, instead of People v. Merced
Macapagal-Arroyo v. Estrada, instead of Arroyo v. Estrada
Philippine Reports
Volume Phil. Page (year)
Ex: Pacquiao v. Dela Hoya, 123 Phil. 456 (1945)
Official Gazette
G.R. No. ______, date promulgated, volume O.G. page (month &
year)
Ex: Pacquiao v. Dela Hoya, G.R. No. 12345, September 11, 1945,
12 O.G. 34 (Sept. 1947)
Official Gazette
10
Sandiganbayan
11
12
13
14
o List each authors last name in the order listed in the article, with the last
two names separated by the symbol &. Do not use et al.
Ex: Pe, Manansala & Manansala, Philippine Barangay Justice System,
Manila, 1999
7. Symposium Articles
o Cite in the same manner as any other periodical article, without reference
to the title of the symposium
Ex: Lapuz, Law: View form the Academe, HUMAN RIGHTS TODAY, 2
(2000)
8. Articles in More Than One Part
o Indicate the number of parts in parenthesis and cite the first page of each
part.
Ex: Parlade, Problem Areas in International Commercial Arbitration
(pts. 1-2) 25, THE LAWYERS REVIEW 14-19 (1999)
9. Newspapers
o Titles of newspaper are cited with the date of issue, page, and column.
Ex: Philippine Daily Inquirer, Dec. 25, 2007, p. 1, col. 1
o Meanwhile, cite a signed article (but not a news report) by its author and
title.
Ex: Arroyo, Two Months Behind the Iron Curtain, Manila Times, Dec.
12, 1966, p. 1, col. 2
10. Annotations
o Cite by volume number, title of the case report, page number of the
beginning of the annotation, and date of publication of said volume.
However, if the annotation is signed and has a distinctive title, follow the
rule on periodical article.
Ex: Annot., 19 SCRA 280 (1967)
11. Letters, Speeches & Interviews
o General Rule
Cite the name of the letter written and his correspondent, and the
date the letter was written. If available, include citation to printed
work and follow the rule on Collection of Essays or Articles.
o Interviews
15
16
Ex:
Larry Innes, Aboriginal Rights and Interpretative
Responsibility, 4 E. Law (1977) http://www.murdoch.edu.au/claw/
[15-158]
o Cases Published in Electronic Form
Use this only if case has not been published in print form yet.
surname of parties, [court] G.R. No. __, date of promulgation
(Unreported, ponente, uniform source locator at date file retrieved
[pinpoint]
Ex: People v. Alquizales, [Supreme Court] G.R. No. 128386,
March
25,
1999
(Unreported,
Quisumbing,
J.
www.supremecourt.gov.ph November 15, 1999 [11-12]
o Statutes/Rules Cited in Electronic Form
state/county, title of statutes/rules, date of adoption/promulgation
by name of authority uniform source locator at date file retrieved
[paragraph pinpoint]
o E-mail
Author of e-mail message, subject line of the message [online]
available e-mail: name of recipient @address.edu. from
author@address.edu. date of message
Ex: B. Taylor, Children and Teleconferencing [online] available
email: myrna@claw.upd.edu.ph from tayoer@claw.upd.edu.ph
April, 1997
C. Transcript of Stenographic Notes (T.S.N.)
o TSN, (name of witness, in any) pp. ___, date notes were taken
Ex: TSN (Rowena Agustin), p. 19, Nov. 8, 1994, TSN (Amora Duque),
pp. 7 8m Nov. 22, 1994 (See 330 SCRA 546)
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18