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LEGAL FORMS REVIEWER IBP 12389 1-12-07; Manila

SAMPLE LEGAL FORMS:


I. AFFIDAVIT:
Sample Jurat:
1. Title
Simplest Jurat 2. Venue
3. Person
SIGNED AND SWORN before me in Manila, this 3 July 2009 after 4. Oath
identified affiant through his Driver’s License N10-68-32398 dated 27 May 5. Statement
2007. 6. [date]
(SGD) JUAN C. MENDOZA 7. Jurat
Notary Public for Manila
Suite 212 Burke Building, Escolta, Manila Signed and sworn (not subscribed)
Commission Serial 23124
Until Dec 31, 2008
Sample Affidavit #1:
Roll of Attorney 23892
PTR 38928 1-12-07; Manila
Republic of the Philippines)
IBP 12389 1-12-07; Manila
City of Manila ) S.S.
Doc. 12;
AFFIDAVIT
Page 23;
I, Jose Ong, of legal age, married, residing at V.G. Cruz Sampaloc,
Book II;
Manila, state under oath that I lost the Registration og my car, a 2004
Series of 2007.
Toyota Corolla, with motor number A2372837, body number D23121,
and placte number ASD 123 in a fire at my house in the address stated
above on May 5, 2005.
(Acknowledgment if NP knows affiant personally)

Jose W. Ong
Angel A. Cruz, whom I personally know, appeared before me this
Affiant
30 August 2016. He executed the foregoing deed of sale and
(JURAT)
acknowledged to me that his signature on it proves his voluntary act for
the purposes stated in the document.
Republic of the Philippines)
City of Manila ) S.S.
(SGD) JUAN C. MENDOZA
Notary Public for Manila
Sample Affidavit # 2
Suite 212 Burke Building, Escolta, Manila
Commission Serial 23124
AFFIDAVIT
Until Dec 31, 2008
(Petition for Change of Name)
Roll of Attorney 23892
PTR 38928 1-12-07; Manila
I, BATMAN BRUCE RELOVA y ROSALES, Filipino, single, of legal age 5. I have not filed any affidavit-petition and that, to the best of my
and residing at 8 Enders St. Filinvest Homes East, Cainta, Rizal, under knowledge, no other similar affidavit-petition is pending with any LCRO,
oath, declare court, or Philippine Consulate.
that:
6. I will file my affidavit-petition at the Manila LCRO in accordance
1. I was born on 13 May 1999 from the union of Benjamin P. with Republic Act 9048 and its implementing rules and regulations.
Relova and Leonor C. Rosales and was given the first name “BATMAN
BRUCE” as shown by my birth certificate, here enclosed, recorded on SIGNED this 10 September 2017, in Manila.
such date in the Manila Local Civil Registrar’s Office (LCRO) under registry (SGD.) BATMAN BRUCE R.
number 1234567. RELOVA
Affiant
2. The first name to be changed is from “BATMAN BRUCE” to plain
“BRUCE.” (JURAT)

3. I execute this affidavit to support a change of my first name II. DEED AND CONTRACT FORMS
because my given first name is downright ridiculous and has caused me A Deed indicates the unilateral act of a person in disposing his property
dishonor ever since. or right in favor of another after his receipt of a consideration. The
transaction is terminated by the conveyance of the thing or right. A
4. To support this, I also enclose here the following documents: typical deed has the following parts:

a. A certified true copy of the registry book page containing the 1. Title
entry sought to be changed; 2. Announcement
b. My elementary and high school transcripts of record where the 3. First Party
name “BATMAN BRUCE R. RELOVA” appears and upon which the 4. Consideration
change shall be based; 5. Act or Conveyance
c. The affidavits of Mrs. Maria R. Buenaventura and Mr. Pedro C. 6. Second Party
Vitug, my elementary school and high school classmates, both 7. Signature
stating separately that I have been known in school as “BATMAN 8. Acknowledgment
BRUCE R. RELOVA, and upon which the change shall be based;
(Code:TAF-CAS-SA) Observe these parts in the deed below.
d. A certification of posting;
e. A certification from Barangay Santo Domingo, Cainta, stating
Sample Deed:
that I am known in the community as BRUCE R. RELOVA;
f. Separate certifications from the Philippine National Police and
(T) DEED OF SALE
the National Bureau of Investigation that I have no pending
administrative, civil or criminal cases, or any criminal record;
(A) THE PUBLIC IS INFORMED:
g. An affidavit of publication from the Manila Bulletin confirming
the requisite publication under the law; and,
(F) I, PROCOPIO C. CRUZ, of legal age, married, and residing at 12
h. A copy of the newspaper clipping from Manila Bulletin.
Apo St., Quezon City, (C) for and in consideration of the sum of
PHP100,000.00, (A) hereby sell on an “as is where is” basis my motor 6. Conditions
vehicle, more particularly described as follows: 7. Signatories
8. Acknowledgment. (Code: TAA-RAC-SA)
Make: Toyota Corolla 1987; Motor: EMC14356C
Serial /Chassis: CDC042094, File: 2345567E Observe these parts in the contract of lease below,
Reg. Cert.: 4567EC, Plate: PPA 863 a possible contract that the examiner may ask:

(S) to RICARDO LIM, of legal age, married, and residing at 2 Bangkal St., Sample Lease Contract:
Manila.
(T) LEASE CONTRACT
(S) SIGNED this 8 July 2014 in Quezon City.

(SGD.) PROCOPIO C. CRUZ (A) The Public Is Informed:


Seller
(A) This contract is executed between:
With my consent:
(SGD.) Helen Y. Cruz
FELIPE D. GUZMAN, Filipino, of legal age, single, residing at 28
Spouse
Aurora Blvd., Quezon City;

(A) (ACKNOWLEDGMENT)
- and -

If we change the subject matter to a real property, the act or conveyance


ARTHUR E. MIRANDA, Filipino, of legal age, married to Agnes
part above would read like this:
Torres, residing at 30 Aurora Blvd., Quezon City.

“hereby sell a 150 square meter parcel of land located in Tondo, Manila,
(R) Felipe wants to lease the residential apartment he owns
covered by Transfer Certificate of Title 42349-B, particularly described as
located at 30 Aurora Blvd., Quezon City and Arthur expressed his desire
follows: (insert technical description)”
to lease it from Felipe.

In drafting an agreement using a contract form, you must remember that


(A) Consequently, the parties agree on the following conditions:
it should contain the essential requirements of object, consideration, and
consent. The peculiarities of a specific contract should also be taken into
(C) 1. Felipe leases to Arthur the apartment unit for one year from
consideration. Using a contract form means that you must show the
the signing date of this agreement.
parties’ respective undertakings. A contract usually has the following
parts:
2. Arthur shall pay Felipe Php5,000.00 monthly rental, payable in
advance within the first five days of each month.
1. Title
2. Announcement
3. Arthur warrants that he received the apartment in good and
3. Actors
habitable condition.
4. Recitals
5. Agreement
4. Arthur shall not sublet the apartment to any one without Notary Public for Manila
Felipe’s written Suite 212 Burke Building, Escolta,
consent. (S) Manila
Commission Serial 54342
10 April 2017, Quezon City Until Dec. 31, 2017
Roll of Attorney 38718
(Sgd.) FELIPE D. GUZMAN (Sgd.) ARTHUR E. MIRANDA PTR 56789; 12 Jan. 16; Manila
IBP 24680; 12 Jan. 16; Manila
Witnessed by: (Sgd.) Rene A. Miranda (Sgd.) Cito C. Jose
Doc. 12;
(A) (Acknowledgment) Page 8;
Book II;
Note well that deeds and contracts forms both speak of agreements and, Series of 2016.
therefore, covered by the civil law concept of contracts. They vary in templates
or forms used as shown above. Deed forms are unilateral and, therefore, a (Special Requirement in Conveyance of Real Property pursuant to Act
496, as amended)
first person’s point of view is utilized. Contract forms demonstrate bilateral or
multilateral acts or undertakings. As such, the third person’s viewpoint is
This paragraph should be added before the notary public’s signature:
recommended to draft this. Notice too that the lease contract your saw above
This deed/contract relates to the sale of a parcel of land situated in Quezon
can be drafted using the deed form. Thus, if the examiner does not qualify, I
City consisting of two pages, including this where the acknowledgment is
suggest that you use the deed form, as it is simpler and, therefore, quicker to
stated and was signed by the parties and their witnesses in the left margin of
draft, saving you so much precious time. – Atty. Carillo
every page.

The notary public speaks in this part of the deed or contract. Take a look at
*Based on Section 1, Rule II of the 2004 Notarial Rules, only individuals can
the sample below.
be parties in the acknowledgment process. Corporations cannot take part in
the process even if they are the real party to the contract or deed. If a
ACKNOWLEDGMENT
corporation is a party to the contract, its representative must act for it and
The following personally appeared before me:
must so indicate in the acknowledgment that he acts in such representative
capacity. Unless required, It is advisable to simply refer in the drafted deed or
Name Passport No. Date/ Place Issued
contract the specific authority of the corporation’s representative.
1. Tomas S. Balatan CC123330 1-05-2002/ Baguio City
2. Juan N. Buelta JJ200345 1-17-2004/ Manila
*The absence of an acknowledgment will not render the contract or deed void
except when the law requires that a contract be in some form in order that it
They are known to me to be the same persons who executed the
may be valid or enforceable like acts and contracts which have for their
foregoing contract and they acknowledged that their signatures prove
object the creation, transmission, modification or extinguishment of real
their voluntary acts for the purposes stated in the document.
rights over immovable property; sales of real property or of an interest in it
which under the law must appear in a public instrument. An
SIGNED AND SEALED in Manila, 15 August 2016.
acknowledgment, therefore, in these special cases is a must.

(SGD.) Juan C. Mendoza


III. Secretary’s Certificate
Plaintiff
Secretary’s Certificate
- versus - Civil Case: 12374
As Secretary of Q-Prex Corporation, I, MYRNA CASTRO, hereby For: Unlawful Detainer
certify under oath that during its regular meeting on 30 June 2017 at its
Makati City office, there being a quorum,, the Corporation’s Board of JOSE B. LINAW
Directors unanimously adopted the following resolution, which to date Defendant.
remains in full force and effect: x-------------------------x

“RESOLVED that Amado Santos, President of the Corporation, and Plaintiff, by counsel, states
Aida Ruiz, Treasurer, be authorized to open a bank account with Metro
Bank (Ayala Ave. branch), and to jointly sign on behalf of the corporation The Parties
all checks and documents relatives to such bank account.”
1. Pedro is a resident of 143 Vicente Cruz St. Sampaloc, Manila
12 September 2017, Makati City
(SGD.) Myrna Castro 2. Jose on the other hand, is a Filipino, married and resides in 789
Corporate Secretary Mayhaligue St. Binondo, Manila, where he may be served with summons
and other court processes.
IV. JUDICIAL FORMS (COURT-BOUND DOCUMENTS)
Cause/s of Action

Parts of a Civil Complaint: 3. The parties executed a lease contract on 28 August 2005
1. Caption
2. Title 4. While initially Jose paid his obligation, he suddenly breached
3. Intro his undertaking by not paying his rental beginning January 2007. Oral and
4. Body written demands to pay his obligation fell on deaf ears. To date, his
5. Relief unpaid obligation ballooned to PhP120,000.00. A copy of the last demand
6. Attorney’s Box letter urging him to pay his arrears and vacate the premises is attached
7. Addenda as Annex B, while a copy of his latest unpaid billing is enclosed as Annex
(IF INITIATORY DON’T PUT BRANCH) C.
(Cap-TIBRA-A)
5. Because of Jose’s unjustified refusal to heed his just demands,
Sample Civil Complaint: Pedro was constrained to institute this suit, incur litigation expenses to
be proved during trial and retain the services of a lawyer for a fee of
Republic of the Philippines PhP50,000.00, all of which he deserves to be reimbursed.
METROPOLITAN TRIAL COURT
Relief
National Capital Region
Branch 13, Manila ACCORDINGLY, Pedro asks that judgment be rendered ordering
Jose and all other persons acting on his behalf to:
PEDRO C. LABO,
1. Vacate the house and lot subject of this complaint; Sample Information:
2. Pay plaintiff the sum of PhP 120,000 as unpaid rentals with
legal interest from the date the complaint is filed; and Republic of the Philippines
3. Pay him litigation expenses and attorney’s fees of PhP50,000. METROPOLITAN TRIAL COURT
National Capital Region
Other reliefs just and equitable are also prayed for. Branch 13, Manila

Manila, 7 August, 2008. PEOPLE OF THE PHILIPPINES,


Plaintiff
MARCELO B. DEL PILAR
Counsel for Plaintiff - versus - Criminal Case: 12374
Suite 1234 Richmond Tower
E .Rodriguez Avenue. Quezon City FEDERICO B. CORCOLON,
Roll of Attorney 47823 Accused.
IBP 23128; 1-19-07; Quezon City x-------------------------x
PTR 283192; 1-20-07; Quezon City
MCLE Compliance Cert 11; 5-10-06 INFORMATION

(ADDENDUM) The undersigned prosecutor accuses FEDERICO B. CORCOLON of


the crime of robbery, committed as follows:
VERIFICATION AND CERTIFICATION
On or about 14 January 2007 in the City of Manila, the accused
I, Julio Lopez, state under oath: (a) that I have read the above did then and there, willfully, unlawfully and feloniously with intent of gain
complaint and (b) that the allegations in it are true and correct of my and without the owner’s consent took and stole the Persian Mariana gold
personal knowledge based on authentic record. necklace of Gregorio Morales valued at PhP75,000.00 by frcing open with
an ice pick the personal vault where the necklace is located to the
I also certify under oath: (a) I have not previously filed any action damage and prejudice of the owner.
involving the same issues in any court, tribunal or quasi-judicial agency
(b) that, to the best of my knowledge, no such action is pending in any of CONTRARY TO LAW
them; and(c) if I should learn of the filing of such an action, I shall report
it to the court within five days from notice. 14 June 2007, Manila

9 September 2017, Quezon City CERTIFICATION

Julio Lopez I hereby certify that: the preliminary investigation in this cae has
Affiant been conducted. I have examined the complainant and his witnesses on
the basis of their sworn statements and other evidence submitted before
(JURAT) me that there is reasonable ground to believe that the offense charged
has been committed; the accused was informed of the evidence that the Suite 1234 Richmond Tower
filing of this information was with the City Prosecutor’s authority. E .Rodriguez Avenue. Quezon City
Roll of Attorney 47823
IBP 23128; 1-19-07; Quezon City
(SGD) NARCISO PEREZ PTR 283192; 1-20-07; Quezon City
Assistant Prosecutor MCLE Compliance Cert 11; 5-10-06

SIGNED AND SWORN to before me this 14 June 2007, in the City Notice and Copy furnished:
of Manila.
Atty. PETRA PENDUKO
Witnesses: Paula Barrios, 14 Singalong St., Manila Counsel for Plaintiff
Petra Labo 19 Singalong St., Manila 2321 Quintos Street, Manila

Bail recommended: PhP5,000 Please take notice that the undersigned shall submit the
foregoing motion for the Court to resolve on March 3, 2015 at 2 o’clock in
the afternoon.
Sample Motion to Dismiss:
MARCELO B. DEL PILAR
MOTION TO DISMISS Counsel for Defendant
Suite 1234 Richmond Tower
Defendant, by counsel, moves to dismiss the complaint filed by E .Rodriguez Avenue. Quezon City
Pedro C. Labo (Pedro) on the sole ground that the venue of the litigation Roll of Attorney 47823
is improperly laid. IBP 23128; 1-19-07; Quezon City
PTR 283192; 1-20-07; Quezon City
Argument MCLE Compliance Cert 11; 5-10-06

The contract between the parties declares that in case litigation (PROOF OF SERVICE)
becomes inevitable, “all cases shall be brought before the proper court of
Pasig City to the exclusion of all others.” And by filing the complaint Sample Motion to Reset:
before this court in Manila, a place observed to be more convenient to
Pedro, he violates the clear tenor of his agreement. MOTION TO RESET

ACCORDINGLY, defendant respectfully asks that Pedro’s Plaintiff Pedro C. Labo (Pedro), by counsel, states:
complaint be dismissed forthwith.
1. The Court set a hearing on 20 August 2007 at 8:30 o’clock in the
Other reliefs just and equitable are also asked for morning.

MARCELO B. DEL PILAR 2. Unfortunately, on that date and time, the undersigned counsel
Counsel for Defendant has committed to attend another case entitled Labo vs. Bawil (Civil Case
12323) before the Regional Trial Court of Manila, Branch 42, the schedule
of which was prior set to this. Defendant, by counsel states that:

3. Plaintiff shall file this motion in good faith with without any Admissions and Denials
intention to cause delay.
1. He admits paragraphs 1 and 2 of the complaint.
ACCORDINGLY, Pedro respectfully asks that the hearing set on 20
August 2007 be cancelled and move to a later date preferably on 8 2. The rest of the paragraphs are denied, the truth being stated in
September 2008 or any date convenient to the Court and adverse party. his special and affirmative defenses.

[Explanation of Service: Due to limitations of time and distance of Special and Affirmative Defenses
the offices of the parties, a copy of the motion shall be served by
registered mail.) 3. The foregoing allegations are repealed by reference

Manila, 12 August 2007. 4. The claim that Ricardo breached his obligation with BDI is
baseless. He delivered the required software CD’s at the close of business
(Attorney’s Box) hours of the extended period’s last day.

(Notice of Hearing) Compulsory Counterclaim

Sample Answer with Compulsory Counterclaim: 5. The foregoing allegations are repealed by reference.

6. The institution of this groundless and malicious action,


Republic of the Philippines Ricardo’s reputation was besmirched for which he deserves to recover
Regional Trial Court PhP60,000.00 as moral damages.
National Capital Region
Branch 22, Quezon City 7. The institution of this baseless action also caused Ricardo to
lose clients and income, he deserves PhP60,000.00 as actual damages
Banner Dynamics Inc. (BDI),
Plaintiff 8. For having been compelled to defend himself, Ricardo is
entitled to PhP10,000.00 as attorney’s fees.
- versus - Civil Case: 23728
For: Recovery of a Relief
Ricardo Vela, Sum of Money
Defendant Accordingly, Ricardo asks that after the hearing, judgment be
rendered in this case dismissinf BDI’s complaint for lack of merit and
x-------------------------x ordering BDI to pay actual and moral damages amounting to
PhP120,000.00 and attorney’s fees amounting to PhP10,000.00 and such
ANSWER expenses of litigation as he may prove during the trial.
Other reliefs just and equitable are also prayed for.

Quezon City, 27 February 2018

(Attorney’s Box)

(Verification and Certification)

Copy Furnished:
Atty. Beatrice Manuel
Counsel for Plaintiff
2312 Matalino St., East Avenue, Quezon City

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