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QUICK REVIEWER ON LEGAL FORMS

By: Atty. Edwin M. Carillo

The patterns of legal forms are either Business Legal Forms or Judicial Legal
Forms. Familiarize yourselves with their respective templates to save you time when
drafting any of them during the examinations.

A. BUSINESS LEGAL FORMS


As the term suggests, Business Legal Forms are the templates or moulds used
or required in the ordinary course of trade or commerce. These templates are usually
divided into three (3) patterns, namely: (i) affidavits; (ii) deed forms; and, (iii)
contract forms.
I. AFFIDAVITS or SWORN STATEMENTS
An affidavit is a sworn declaration of facts known to a declarant or affiant. It
consists of the following parts: the venue of execution, title, persons bona fides, the
oath, statement, the signature and the jurat. (Code: VeTiPe-OSta-SiJu) Of all these
parts, the jurat is the most important as this is the certification of an officer that the
statement was sworn before him. Section 6, Rule II of the 2004 Rules on Notarial
Practice (RNP) (effective August 2004), however, defines a jurat as an act in which
an individual on a single occasion:
(a) appears in person before the notary public and 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.)

Check out the following sample of an affidavit:


Republic of the Philippines)
City of Manila
) S.S.
AFFIDAVIT
I, RAUL C. SALONGA, of legal age, married, residing at 505 V.G. Cruz,
Sampaloc, Manila, state under oath that:
1. I am a licensed physician.

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2. I examined accused Ferdinand Ramos at 4 oclock in the afternoon


today and found him suffering from intestinal flu for which I prescribed medicine
and best rest for three days.
Manila, 14 August 2008.
(SGD.) RAUL C. SALONGA
Affiant
SIGNED AND SWORN before me this 14 August 2008 at Manila,
after affiant exhibited to me his Passport JJ2003*, issued on 09 January
2007 at Manila.

The
Notarial
Certificate

Doc. 12;
Page 8;
Book II;
Series of 2008.

(SGD) JUAN C. MENDOZA


Notary Public for Manila
Suite 212 Burke Building, Escolta, Manila
Commission Serial 54342
Until Dec. 31, 2008
Roll of Attorney 38718
PTR 56789; 1-12-08; Manila
IBP 24680; 1-12-08; Manila

Jura
t

NOTE:
*The passport number is indicated here instead of the usual community tax
certificate because of Section 12, Rule 2 of the 2004 RNP, which provides:
SEC 12. Competent evidence of Identity The phrase competent evidence of
identity refers to the identification of an individual based on:
(a) at least one current identification document issued by an official agency bearing
the photograph and signature of the individual; or
(b) the oath or affirmation of one credible witness not privy to the instrument,
document or transaction who is personally known to the notary public and who personally
knows the individual, or of two credible witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the individual and shows to the notary
public documentary identification.

It appears from the foregoing that a community tax certificate (also called
residence tax certificate) issued to individuals under Section 156 of Republic Act
7160, as amended (Local Government Code), is no longer a competent evidence of
identity for purposes of carrying out the notarial acts mentioned in Section 1, Rule 4
of the RNP. The Supreme Courts resolution issued on 19 February 2008 confirms this
position when it excluded the community tax certificate from a list of possible
documents that can be presented to a notary public. The resolution reads:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated February
19, 2008.

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"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. The Court Resolved, upon the
recommendation of the Sub Committee on the Revision of the Rules Governing Notaries
Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:
Rule II
DEFINITIONS
xxx
"Sec. 12. Component Evidence of Identity. The phrase "competent evidence of identity" refers
to the identification of an individual based on:
(a) at least one current identification document issued by an official agency bearing the
photograph and signature of the individual, such as but not limited to, passport, drivers
license, Professional Regulations Commission ID, National Bureau of Investigation
clearance, police clearance, postal ID, voters ID, Barangay certification, Government
Service and Insurance System (GSIS) e-card, Social Security System (SSS) card,
Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA)
ID, OFW ID, seamans book, alien certificate of registration/immigrant certificate of
registration, government office ID, certification from the National Council for the
Welfare of Disable Persons (NCWDP), Department of Social Welfare and Development
(DSWD) certification; or
(b) xxxx."

All other laws requiring its presentation for purposes of notarization are deemed
amended owing to the Supreme Courts sole authority under the constitution to
promulgate rules concerning the practice of law in the country, including notarial
practice that is now a lawyers exclusive work.
______________________________________________________________
AFFIDAVITS OF GOOD FAITH
This statement, jointly executed by the mortgage parties, is used only in chattel
mortgage contracts signifying that their agreement is valid and not for fraud. The
absence of this affidavit can render the contract void. This is a favorite form among
examiners, as it will require examinees to accomplish four (4) forms in one question.

Check the sample below:


1. (DRAFT OF BASIC CHATTEL MORTGAGE CONTRACT)
2. (ACKNOWLEDGMENT)
3. AFFIDAVIT OF GOOD FAITH
WE, the undersigned parties, under oath declare that:
1. We are the parties to the foregoing chattel mortgage; and,
2. We executed said mortgage in good faith to secure a valid obligation
not for the purpose of fraud.
9 January 2008, City of Manila.

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(SGD.) Mortgagor

(SGD.) Mortgagee
4. (JURAT)

______________________________________________________________
CERTIFICATIONS
Another common sworn statement is the corporate or partnership certification.
Corporations produce resolutions, which may be certified either by the Corporate
Secretary or by the Directors themselves. Such certifications are known as the
Secretary's Certificate or Directors Certificate, respectively. In case of the latter, the
Directors who actually took part in the deliberation of the resolution shall sign it. In
the case of partnerships, the managing partner or all the partners sign the certification.

Look at the sample certificate below executed by the corporate secretary:


SECRETARY'S CERTIFICATE
As corporate secretary, I certify that last 12 January 2008 the Board of
Directors of the All-Star Consumer Product Corporation met at its principal office
in Makati City and passed the following resolution which to date remains effective
without amendments:
"Resolved that the Corporation shall open and maintain a current
account with Piso Bank (Makati branch) and funds from it could be withdrawn
with the signature of the President and the Treasurer only."
Makati City, 5 January 2009.
(SGD). RODOLFO E. POLICARPIO
Corporate Secretary
(JURAT)

Look at the sample directors certificate below:


PAG-ASA TRI-FORUM NETWORK, INC.
Special Board of Directors Meeting held on
4 November 2007 at Room 109 ABC Building
2251 Pasong Tamo St., Makati City
Present:/Absent
All Board members are present in this special meeting called by the Chairman.
1. Approval of the Minutes:
The Board, upon motion made and duly seconded, approved to dispense with the
reading of the minutes of the previous meeting.
2. Appointment of Mr. Jose Antipuesto as General Manager.

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The Chairman apprised the Board Members that the meeting was specifically called
to discuss the proposal to appoint a General Manager. There being a quorum, the following
resolution was approved:
RESOLVED, that the Board of Directors of PAG-ASA TRI-FORUM
NETWORK, INC. appoints Mr. BENJAMIN T. ANTIPUESTO as General Manager
of the Corporation.
RESOLVED, FINALLY, that the Board authorizes Mr. ANTIPUESTO,
whose signature appears below, to deal, transact and otherwise sign checks,
drafts and other banking documents with RCBC, Tektite-Ortigas Branch
(SGD.) BENJAMIN T. ANTIPUESTO
There being no other matters to be discussed, the meeting was adjourned at 2:00 PM.
(SGD.) RODRIGO L. ANTIMANO
Chairman
Drivers License NO2-123456

(SGD.) CONCEPCION E. ANTIMANO


Corporate Treasurer
Drivers License NO1-56789

(SGD.) FRITZEL A. DACCIA


Corporate Secretary
Drivers License NO1-098765

(SGD.) RONALD L. ANTIMANO


Member
Drivers License NO2-356890
(SGD.) MANUEL F. ANTIMANO
Member
Drivers License NO1-345677

SIGNED AND SWORN to before me this 14 August 2008 at Manila, affiants exhibited to
me their respective competent evidences of identity stated above.
(NOTARIAL CERTIFICATE)

II. DEED FORMS


A Deed Form indicates an agreement of at least two parties but made to appear
as a unilateral act of a person disposing his property 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 typical deed has the following parts: Title, Announcement, First
Party, Consideration, Act or Conveyance, Second Party, Signature and
Acknowledgment (Code: TAF-CAS-SA).

Observe these parts in the deed below.


DEED OF SALE OF MOTOR VEHICLE
THE PUBLIC IS ALERTED:
I, PROCOPIO C. CRUZ, of legal age, married, and residing at 12 Apo
St., Quezon City, for and in consideration of P100,000.00, hereby sell, convey,
and transfer on an as is where is basis my motor vehicle, more particularly
described as follows:

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Make: Toyota Corolla 2000; Motor: EMC14356C


Serial /Chassis: CDC042094, File: 2345567E
Reg. Cert.: 4567EC, Plate: UAP 863
to RICARDO LIM, of legal age, married, and residing at 2 Bangkal St., Manila.
SIGNED: 8 July 2008, Quezon City.
(SGD.) PROCOPIO C. CRUZ
Seller
With my consent:
(SGD.) Helen Y. Cruz
Spouse
(ACKNOWLEDGMENT)

NOTE:
If the act or conveyance is altered, the deed could be converted into another
one. The operative statement would change depending on what the examiner demands
from the examinee. The common deeds asked in the bar are deeds of assignment,
donation inter vivos, easement of right of way, real estate or chattel mortgage, and
powers of attorney.
If you are asked to draft a deed of donation inter vivos, do not forget the
acceptance of the donee and the donors declaration that he reserved sufficient
properties for himself and his creditors. The operative statement that should be
remembered would be something like below:
"for and in consideration of my love and respect for CARMINA DE JOYA, I do hereby
transfer and convey by way of donation

Check out the sample donation deed below involving two corporations:
DONATION DEED
SO THE PUBLIC MAY KNOW:
As President and Chairman of the Board of Directors of CELTA REALTY
DEVELOPMENT CORPORATION (CRDC), a domestic corporation created and existing
under Philippine laws holding office at 1452 P. Burgos Street, Bel-Air, Makati City, I,
CONCEPCION C. TRINIDAD, Filipino, of legal age, holding office at the above address
and duly authorized for this purpose, as shown by the attached authority, in consideration
of our continuing solidarity with the Baptist ministers, do hereby surrender, transfer and
convey by way of donation in favor of CAYLAWAY BAPTIST CHURCH, INC. (CBCI), a
religious corporation created and existing under Philippine laws with principal office located
at Bgy. Caylaway, Batulao, Nasugbu, with powers to receive, hold and administer
properties donated to it for the furtherance of its religious and charitable purposes, the
parcel of land described as follows:
(Technical description)

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I warrant that CRDC has reserved for it in full ownership other properties sufficient
for its continued existence and for its creditors protection and I will surrender in CBCI's
favor all documents necessary to facilitate the transfer of the property in its name.
SIGNED on 9 November 2006, in Makati City.
CELTA REALTY DEVELOPMENT CORPORATION
Donor
By:
(SGD.) CONCEPCION C. TRINIDAD
ACCEPTANCE
On CBCIs behalf, I, High Minister REDENTOR C. INANTES, duly authorized for
this purpose as shown by the attached authority, do hereby accept the foregoing donation
of the above-described property even as I express the corporations sincere appreciation
and gratitude to CRDC, its stockholders, officers and staff for the kindness and solidarity
they have shown by virtue of this act.
SIGNED on 9 November 2006, in Makati City.
CAYLAWAY BAPTIST CHURCH, INC.
Donee
By:
(SGD.) REDENTOR C. INANTES
Witnessed by:
(SGD.) JOSE C. AMOS

(SGD.) BENEDICTO S. PAPA


(Acknowledgment)

Check out the following operative statements for the following specific deeds:
In a Deed of Repurchase of Land sold under Pacto de Retro:
"for and in consideration of the amount of P1 million, do hereby RESELL,
RETRANSFER, and RECONVEY"

In a Deed of Assignment:
"for and in consideration of the sum of P50,000 do hereby ASSIGN, TRANSFER,
AND CONVEY"

In an Easement of Right of Way:


"for and in consideration of the sum of P1 million, do hereby agree and permit
Ramon Santos a permanent easement of right of way over my above property not to exceed
two meters wide"

In Extrajudicial Settlement Among Heirs:


"the parties hereby agree to divide and adjudicate among themselves the above
described property as follows"

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If you are asked to draft a power of attorney, determine the intent of the
principal from the problem. A Special Power of Attorney should be drafted if the
principal's intent is to empower the agent to perform ACTS OF DISPOSITION (sale,
mortgage, lease, etc.), otherwise if only ACTS OF ADMINISTRATION is intended, a
General Power of Attorney would suffice.
A special form of deed is the last will. In the absence of any qualification by
the examiner, a holographic will is recommended to be drafted since its requirements
are simpler, i.e. it should only be entirely written, dated, and signed by the hand of the
testator himself. (Cf. Art. 810, Civil Code) Otherwise, remember the requirements of
a notarial will under Articles 805-806 of the Civil Code. Consider the sample will
below.
MY LAST WILL
It is my wish that upon my death, everything I
own be given to my only child named Eduardo L.
Montinola, Jr.
(SGD.) Eduardo L.
Montinola, Sr.
17 September 2004, Manila

III. CONTRACT FORMS


Just like deed forms, contract forms reflect an agreement of at least two parties.
The major difference in this form is that contract forms reveal each of the parties
specific undertakings. In using, therefore, contract forms, you must demonstrate the
specific obligations of the parties apart from ensuring the presence of the essential
requirements of object, consideration, and consent in all contracts. Take also into
consideration the peculiarities of specific contracts. A contract template usually has
the following parts: Title, Announcement, Actors, Recitals, Agreement, Conditions,
Signatories and Acknowledgment. (Code: TAA-RAC-SA)

Observe these parts in the contract below.


CONTRACT OF SERVICE
SO THE PUBLIC MAY KNOW:
This Agreement executed between:
TOMAS S. BALATAN, Filipino, of legal age, and residing at 1435 Mindanao
Avenue, Quezon City;
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JUAN N. BUELTA, Filipino, of legal age, and residing at 789 Craig St., Sampaloc,
Manila;
Antecedents:
TOMAS owns a house and lot at the above given address and his property requires
the prompt installation of a deep well;
JUAN is engaged by the business of supplying and installing deep wells to draw
potable water and has expressed his willingness to service the requirements of TOMAS
under certain terms and conditions;
Consequently, in consideration of the terms and conditions stated below, the
Parties mutually agree as follows:
1. TOMAS shall pay JUAN the sum of Pesos: Forty Thousand (P40,000.00) for
both materials and labor cost payable as follows:
1.1. Pesos: Fifteen Thousand (P15,000.00) upon signing this contract;
1.2. The balance shall be paid upon delivery to TOMAS of the completely functional
deep well utility.
2. JUAN warrants that the deep well it shall install and deliver to TOMAS shall be
free from hidden defects and against poor worksmanship.
3. JUAN assures TOMAS that the deep well shall yield the normal volume of
potable water for a standard family of six (6). Otherwise, the JUAN undertakes to re-do the
work at no cost to TOMAS. Should the project be redone that will require installation of
extra pipes of at least 12 feet long, TOMAS shall defray the cost of the materials.
The deficiency of this contract shall be supplemented by the provision of existing
law.
SIGNED: 17 August 2008, City of Manila.
(SGD.) TOMAS S. BALATAN

(SGD.) JUAN N. BUELTA

Signed in the presence of:


(SGD.) JACINTO C. TIRAPA

(SGD.) FELICITO F. NANLUMO

(ACKNOWLEDGMENT)

COMPROMISES
Another document that one may draft using the contract form would be
compromises. Article 2028 of the Civil Code defines a compromise as a contract
whereby the parties, by making reciprocal concessions, avoid a litigation or put an
end to one already commenced. Because a compromise is essentially a contract, the
label compromise agreement is altogether redundant.

Check out the sample compromise below:


COMPROMISE

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SO THE PUBLIC MAY KNOW:


This agreement executed among:
LARRY R. LUZ, Filipino, of legal age, married, and residing at 13 Pinecircle Street,
Vista Verde Country Homes, Cainta, Rizal;
SUPERHEM CONSUMER PRODUCTS, INC., (SUPERHEM) a corporation duly
organized and existing under Philippine laws with principal office located at 9/F Pacific Star
Building, Makati Avenue corner Sen. Gil Puyat Avenue, Makati City, represented by its
President, RICARDO R. COLARINA, duly authorized for this purpose, as shown by the
attached authority;
-andRICARDO R. COLARINA, JUAN A. DELA CRUZ, JUANA FE C. DELA PEA,
RONALDO B. JOSE, and ONOFRE G. REYES, all Filipinos, of legal ages, and all holding
offices at Building D, JY & Sons Compound, Veterans Center, Taguig City, as Superhems
Directors/Stockholders.
- Antecedents Larry filed a complaint against Superhem and its directors before the Regional Trial
Court of Makati City, Branch 61, docketed as Civil Case 06-973 for a number of issues
arising from the issuance and implementation of a questionable Board resolution dated 12
July 2004 that prejudiced him. Superhem and its directors have since filed their answer to his
complaint.
Later, the Court referred the parties to mediation pursuant to existing rules. After
several discussions and negotiations through the parties chosen mediator, they have jointly
and amicably settled their differences subject to certain conditions.
ACCORDINGLY, for and in consideration of the foregoing premises, the parties
agree as follows:
A. SUPERHEMs Obligations:
1. To pay Larry the sum of PhP600,000.00 cash upon execution of this compromise
on 30 May 2006.
2. To execute a deed of sale through its authorized representative that would
transfer its full ownership in Henrys favor over a motor vehicle described below:
Make
Model
Type
Color
Motor Number
Serial/Chasis Number
Plate Number

Honda Accord
2004
Sedan
Blue Silver
PALP5-Y00558
PADCF9630YV200552
WMB-888

B. Directors-Stockholders Obligations:
1. To jointly execute a quitclaim in Larrys favor releasing him and forever
discharging him from any claim, cause of action, or any further obligation in connection with
his involvement as Prochems director, stockholder and officer.
2. To assume Larrys stock subscriptions in Superhem at its par value.
C. Larrys Obligations:

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1. To receive the amount and other documents stated in both items A and B above.
2. To execute any and all documents to fully transfer and convey his stock
subscriptions in favor of his co-directors-stockholders consistent with item B-2 to expedite his
complete dissociation from Superhem.
3. To execute a quitclaim in Superhems favor and its directors and officers releasing
and forever discharging them from any claim, cause of action, or any further obligation in
connection with his involvement as Superhems director, stockholder and officer.
D. Common Obligations:
1. Within a reasonable time after the execution of this compromise, the parties
agree to jointly move the Makati City Regional Trial Court to render judgment in the pending
suit (Civil Case 04-973) based on the particulars stated in this agreement; and,
2. The parties further agree to forever waive all other claims and counterclaims
against each other in the form of damages, attorney's fees and costs of suit.
Signed this 17 May 2006 in Makati City.
(SGD.)LARRY R. LUZ

SUPERHEM CONSUMER PRODUCTS, INC.

BY: (SGD.) RICARDO R. COLARINA


(also for himself)
(SGD.) JUAN A. DELA CRUZ,
(SGD.)JUANA FE C. DELA PEA
(SGD.)RONALDO B. JOSE
(SGD.)ONOFRE G. REYES
Witnessed and Assisted by:
(SGD.) Hon. RUEL JOSEPH V. ESGUERRA, Mediator

ACKNOWLEDGMENT (COMMON TO ALL DEED & CONTRACT FORMS)


Section 1, Rule II of the 2004 RNP defined acknowledgment as 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.

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Take a look at the sample acknowledgment below.


ACKNOWLEDGMENT
BEFORE ME, personally appeared:
Name
1. Tomas S. Balatan
2. Juan N. Buelta

Passport
CC123330
JJ200345

Date/ Place Issued


1-05-2006/ Baguio City
1-17-2007/ Manila

They are known to me to be the same persons who presented the foregoing contract and
acknowledged to me that the signatures they affixed in it are their voluntary acts for the
purposes stated in their document.
SIGNED AND SEALED in Manila, 15 August 2008.
(SGD) Juan C. Mendoza
Notary Public for Manila
Suite 212 Burke Building, Escolta, Manila
Commission Serial 54342
Until Dec. 31, 2008
Roll of Attorney 38718
PTR 56789; 1-12-08; Manila
IBP 24680; 1-12-08; Manila
Doc. 12;
Page 8;
Book II;
Series of 2008.

(Special Requirement in Conveyance of Real Property pursuant to


Act 496, as amended)

This paragraph should be added before the notary publics signature:


This deed/contract relates to the sale of a parcel of land situated in Quezon City
consisting of two (2) pages including this where the acknowledgment is stated and was signed
by the parties and their witnesses in the left margin of every page.

(Special form of acknowledgment for notarial wills)


JOINT ACKNOWLEDGMENT
BEFORE ME, personally appeared:
Name
1. Tomas S. Balatan
2. Juan N. Buelta
3. Enrique C. Abergas
4. Marivic J. Cabron

Passports
CC123330
JJ200345
BB947556
DC234348

Date/ Place Issued


1-05-2004/ Baguio City
1-17-2005/ Manila
4-23-2006/ Manila
8-14-2005/ Manila

all known to me to be the same persons who signed the foregoing Will, the first as Testator, and
the last three as instrumental witnesses, and they respectively acknowledged to me that they
signed the same as their own free deed.

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This will consists of two pages, including the page on which this acknowledgment is
written, and has been signed on the left margin of each and every page of it by the testator and
his witnesses, and sealed with my notarial seal.
SIGNED AND SEALED on 16 August 2007, Manila.
(Add the notarial certificate)

(Special form of acknowledgment if deed/contract executed by a


corporation)
ACKNOWLEDGEMENT
BEFORE ME, personally appeared:
Name

Competent Evidence of
Identification

Date/ Place Issued

1. Tomas S. Balatan,
President of True All-Star,
Inc.

Passport CC123330

1-05-2005 / Baguio City

2. Juan N. Buelta,
President of Right Pak,
Inc.

Passport JJ200345

1-17-2005 / Manila

known to me to be the same persons who presented and executed the foregoing contract on
behalf of the corporations they represent and acknowledged to me that the same is their
voluntary acts and that of the corporation being represented.
SIGNED AND SEALED in Manila, 17 August 2007.
(Add Notarial Certificate)

NOTE:
*Based on Section 1, Rule II of the 2004 RNP, only individuals can 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 corporation is a party to the
contract, its representative must act for it and 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 contract the specific authority of the
corporations representative.
*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 may
be valid or enforceable like 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 in it which under the law must appear in a
public instrument. An acknowledgment, therefore, in these special cases is a must.

B. JUDICIAL FORMS

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A typical judicial form takes a single pattern and has the following parts: (1)
Caption; (2) Title (3) Introduction; (4) Body; (5) Relief; (6) Attorneys Box; and (7)
Addenda. (Code: Cap-TIBRA-A) The caption sets forth the name of the court, the
title of the action and the docket number if assigned. (Cf. Section 1, Rule 7, Rules of
Court) The title referred here is the title of the document, either complaint, petition,
motion, opposition, answer, reply, etc.
The Introduction presents the writing party to the reader. The Body sets forth
its designation, the allegations of the partys claims and defenses and the date of the
pleading. The Relief box indicates the specific relief sought by the party including the
general prayer for further relief as may be deemed just and equitable.
The Attorneys box indicates the name and signature of the lawyer, his office
address (not post office box), his Integrated Bar of the Philippines and professional
tax receipt numbers and roll number. The latest Supreme Court circular (AM No. 076-5-SC, 10 July 2007) also requires the inclusion of the parties and lawyers contact
details, e.g., telephone number, fax number, cellular phone number, or e-mail address
in all papers and pleadings filed with the Supreme Court. A counsels failure to
indicate his roll number renders the document a scrap of paper. An unsigned pleading
produces no legal effect. A lawyers signature is a certification that: he has read the
pleading; to the best of his knowledge, information, and belief, there is a good ground
to support it; and that it is not interposed for delay. Note also that Bar Matter 1922
dated 3 June 2008 requires practicing members of the bar to indicate in all pleadings
filed before the courts or quasi-judicial bodies, the number and date of issue of their
MCLE Compliance or Exemption Certificates, as may be applicable, for the
immediately preceding compliance period. Failure to disclose the required
information would cause the dismissal of the case and the expunction of the pleadings
from the records.
The Addenda to these documents usually vary depending on the judicial form
being drafted. Observe these parts from the samples below.
I. COMPLAINTS
Rule 6 of the Rules of Court, as amended, has consistently required that
complaints be concise enough to contain mere ultimate facts of a plaintiffs cause/s of
action. The body of the complaint is most important. In Javelosa vs. Court of Appeals,
(G.R. 124292, 265 SCRA 493 [1996]), the Supreme Court held that what determines
the nature of an action, as well as which court or body has jurisdiction over it, are the
allegations of the complaint and the character of the relief sought. In this regard, the
body of the complaint usually has two parts: the identity of the parties and the cause
of action (a statement of the right of the plaintiff and a statement of the defendant's
violation of such right). Note that in Manchester Development Corporation, et al. vs.
Court of Appeals, et al. (G.R. 75919, 7 May 1987), the Supreme Court held that all
complaints, petitions, answers and other similar pleadings should specify the amount
of damages being prayed for not only in the body of the pleading but also in the
prayer, and said damages shall be considered in the assessment of the filing fees in
any case. Any pleading that fails to comply with this requirement shall not be
accepted nor admitted, or shall otherwise be expunged from the record.

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The addenda in a complaint are the verification (when required by the rules)
and the certification of non-forum shopping (mandatory).
(1) Republic of the Philippines
METROPOLITAN TRIAL COURT
National Capital Judicial Region
Branch 13, Manila
PEDRO C. LABO,
Plaintiff,
- versus -

Civil Case: 5432


FOR: Unlawful Detainer

JOSE B. LINAW,
Defendant.
x-------------------x
(2) COMPLAINT
(3) Plaintiff, by counsel, states:
(4) The Parties
1. Pedro is a Filipino, single, and resides at 143 Vicente Cruz St., Sampaloc, Manila.
2. Jose, on the other hand, is a Filipino, married, and resides at 789 Mayhaligue St.
Binondo, Manila, where he may be served with summons and other court processes.
Causes of Action
3. The parties executed a lease contract on 28 August 2005 for Joses use of a house
and lot owned by Pedro located in Binondo. A copy of this contract is attached as Annex A. Part
of the agreement is the payment of monthly rent in the amount of PhP15,000.00.
4. While initially Jose paid his obligation, he suddenly breached his undertaking by not
paying his rental beginning January 2007. Oral and written demands to pay his obligation fell on
deaf ears. To date, his unpaid obligation ballooned to PhP120,000.00. A copy of the last demand
letter urging him to pay his arrears and vacate the premises is attached as Annex B, while a copy
of his latest unpaid billing is enclosed as Annex C.
5. Because of Joses unjustified refusal to heed his just demands, 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 PhP40,000.00, all of which he deserves to be reimbursed.
(5) Relief
ACCORDINGLY, Pedro asks that judgment be rendered ordering Jose and all other
persons acting on his behalf to:
1. Vacate the house and lot subject of this complaint;
2. Pay plaintiff the sum of PhP120,000.00 as unpaid rentals with legal interest from
the date the complaint is filed; and,
3. Pay him litigation expenses and attorneys fees of PhP40,000.00.
Other reliefs just and equitable are also prayed for.

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Manila, 7 August 2009.


(6) (SGD.) MARCELO B. FERNANDO
Counsel for Plaintiff
Suite 1234 Richmond Tower
E. Rodriguez Avenue, Quezon City
Roll of Attorney 35677
MCLE Compliance Certificate II; 5-11-08
IBP 14344; 1-19-07; Quezon City
PTR 867765; 1-20-07; Quezon City
(7) VERIFICATION/CERTIFICATION - See below

NOTE:
State in a chronological manner the facts constituting the plaintiff's cause
or causes of action. If the action is based on an actionable document, the
document or its portions must be copied and its copy be made an integral part of
the complaint by way of an annex properly marked. In unlawful detainer cases, a
prior demand to vacate must be asserted.
In proper cases, do not forget to make an averment regarding the
plaintiff's prior referral to the LUPON of the Barangay in compliance to the
Local Government Code. The barangay certification must be attached.
In case the action is between members of the family within the meaning
of the Family Code, an allegation must be made that earnest efforts to strike a
compromise were made but proved futile.
ADDENDUM TO COMPLAINTS AND PETITIONS:
VERIFICATION/CERTIFICATION. Verifications are required only in cases provided

for by the Rules of Court and other circulars. (Cf. Section 4, Rule 7, 1997 Rules on
Civil Procedure). The revised rules on summary procedure for instance require that all
pleadings be verified. (Cf. Section 3 (B) (II), revised rules on summary procedure)
Certifications against forum shopping are necessary in complaints or other
initiatory pleadings (Cf. Section 5, Rule 7, 1997 Rules on Civil Procedure). A counsel
cannot certify against forum shopping; it should be the plaintiff. A certification
against forum shopping by counsel is a defective certification. It is clearly equivalent
to non-compliance with the requirement under the rules and constitutes a valid cause
for dismissal of the complaint or petition. (Cf. Far Eastern Shipping Company vs.
Court of Appeals, et al., G.R. 130068, 1 October 1998) If the plaintiff is a
corporation, its authorized officers should sign it. Failure to comply with this
requirement is a cause for dismissal of the action but only upon motion and hearing.
The defect is not curable by amendment. (Cf. Barroso v. Ampig, Jr., 328 SCRA 530)
Since verifications and certifications against forum-shopping are required to be under
oath, they are usually combined to avoid repetitive process.

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See the sample below:


Verification/Certification
I, Pedro Labo, state under oath that I have read the above complaint and the
allegations in it are true and correct of my personal knowledge and/or based on authentic record.
I also certify under oath (a) that I have not previously filed any action 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 them; and (c) if I should learn of the filing of such action, I shall report
it to the court within five days from notice.
Manila, 7 August 2009.
(SGD.) PEDRO C. LABO
Affiant
(JURAT)

PETITIONS FOR THE RECONSTITUTION OF TITLE Review Section 12 of


RA 26 for this purpose.
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 4, Manila
IN THE MATTER OF THE RECONSTITUTION
OF THE ORIGINAL OF TCT 1234-E
ISSUED BY THE REGISTER OF DEEDS OF
MANILA,
LRC Case 98765
FIDEL V. REVENECIA,
Petitioner.
x------------------------------------x
PETITION
Petitioner, by counsel, respectfully states:
1. Fidel is a Filipino, of legal age and residing at 1878 Ma. Clara Street,
Sampaloc, Manila.
2. He owns a parcel of land located in Manila particularly described in TCT 1234E issued by the Register of Deeds of Manila as follows:
(Copy of Technical Description)
A copy of the TCT is enclosed as Annex A.
3. This parcel is declared for tax purposes under tax declaration 45678E of the
City Assessor of Manila, a copy attached as Annex B.
4. The realty taxes on the property are up to date.
5. The original of that TCT was lost with the Register of Deeds of Manila in the
fire that gutted the Register of Deeds last 4 January 2006, a certification to that
effect is attached as Annex C.
6. At the time of loss of this TCT, no transaction is pending registration with the
Register of Deeds of Manila.

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7. Not only is the property described above in his possession, but also the
owners' duplicate of the certificate of title. To date, no other duplicate copy has
been issued in favor of another.
8. The names and addresses of the owners of the adjoining properties are as
follows:
Adjoining Owners
a. Ricardo A. Zumel
b. Bonifacio C. Gallego

Address
1876 Ma. Clara St., Sampaloc, Manila
1890 Ma. Clara St., Sampaloc, Manila

ACCORDINGLY, Fidel asks that after due notice and hearing, an order be issued
directing the Register of Deeds of Manila to issue him a new title for TCT 1234-E.
(Attorneys Box)
(VERIFICATION/CERTIFICATION)

PETITION FOR THE ISSUANCE OF A NEW OWNER'S DUPLICATE OF A


SPECIFIC TITLE. Review Section 109 of PD 1529.
(CAPTION)
IN THE MATTER OF THE ISSUANCE
OF A NEW OWNER'S DUPLICATE
OF TCT 1234-E ISSUED BY
THE REGISTER OF DEEDS, MANILA,
LRDC Case 9876
FIDEL V. REVENECIA,
Petitioner.
x----------------------x
PETITION
Petitioner, by counsel, respectfully states:
1. (Averments in #1-4 above are equally applicable).
5. He used to keep the owner's duplicate of that certificate in his filing cabinet.
6. While he was looking for it, however, he could not find it despite all efforts
exerted.
7. He executed and filed with the Register of Deeds of Manila an affidavit of loss,
copy enclosed as Annex C.
8. He has not delivered the owner's duplicate to any other person to secure an
obligation.
ACCORDINGLY, Fidel asks that after due notice and hearing, an order be issued
declaring the lost owner's duplicate null and void and directing the Register of Deeds of
Manila to issue him a new owner's duplicate of TCT 1234-E in lieu of the lost one.
(Attorneys Box)
(VERIFICATION/CERTIFICATION)

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II. ANSWERS. Another common judicial form is the answer. (Cf. Sec. 4, Rule 6,
Rules of Court, as amended) The body of an answer usually has three parts: (a) the
admissions and denials, (b) the defenses, and (c) the counterclaim. The addendum in
an answer is a statement of copy furnished the adverse party. When an actionable
document has to be denied, the verification has to be added to the answer. If it
includes a permissible counterclaim, a certification of non-forum shopping must also
be added. Study the template below.
(Caption)
ANSWER
Defendant Jose C. Linaw (Jose), by counsel, states:
Admission and Denials

State the paragraphs in the complaint that you admit or deny.

1. He admits paragraphs 1, 2 and 3 of the complaint.


2. The rest of the paragraphs are denied, the truth being that stated in his special
and affirmative defenses.
Special and Affirmative Defenses

[Review Section 5, Rule 6 of the Rules of Court.]

3. The foregoing allegations are repleaded by reference.


4. The claim that Jose breached his obligation with Pedro is groundless. To be sure, his
rental payments have all been received by Pedros wife, Clarissa, as shown by the receipts she
herself issued. Jose never doubted Clarissas authority to receive his payments as the latter
produced a special power of attorney authorizing her to collect the rent.
Compulsory Counterclaim

[Here, state the defendants assertions of fact constituting


his claim against the plaintiff, which arises out of or is
connected with the transaction or occurrence constituting
the subject matter of opposing partys claim. (Cf. Section
7, Rule 6, Rules of Court, as amended) A compulsory
counterclaim if not set-up is barred.]

5. The foregoing allegations are repleaded by reference.


6. Because of the institution of this baseless and malicious action, Joses reputation was
besmirched for which he deserves to recover PhP100,000.00 as moral damages. To deter others
from filing similar baseless suits, Pedro must be ordered to pay PhP100,000.00 as exemplary
damages.
7. And for having been compelled to defend himself against this utterly baseless action,
defendants are entitled to a PhP50,000.00 award of attorneys fees, which he had agreed to
compensate his counsel and to reimbursement for expenses of litigation.

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Relief
ACCORDINGLY, Jose asks that after hearing, judgment be rendered in this case
dismissing Pedros complaint for lack of merit and ordering him to pay Jose moral and exemplary
damages for a total of P200,000.00 plus attorneys fees of P50,000.00 and such expenses of
litigation as he may prove during the trial.
Other reliefs just and equitable are also prayed for.
Manila, 2 September 2009.
(Attorneys Box)
(Verification)
[Per Section 4, Rule 70 of the Rules of Court]
Copy furnished:
MARCELO B. FERNANDO
Counsel for Plaintiff
Suite 1234 Richmond Tower
E. Rodriguez Ave., Quezon City

III. MOTIONS (Cf. Rules 15 and 16, Rules of Court, as amended) The Body of a
motion usually has two parts: the ground for the motion and the argument in support
of the motion. Motions can either be litigated or non-litigated.
Sample Motion 1 (Litigated)
(CAPTION)
MOTION TO DISMISS
Defendant Jose B. Linaw, by counsel, moves to dismiss the complaint filed by
Pedro C. Labo on the sole ground that the venue of the litigation is improperly laid.
Argument
The contract between the parties declares that in case litigation becomes
inevitable, all cases shall be brought before the proper court of Pasig City to the exclusion
of all others. By filing the complaint before this court in Manila, a place obviously convenient
to Pedro, he violates the clear tenor of his agreement with Jose. Consequently, a prompt
dismissal of the case becomes necessary.
Relief
ACCORDINGLY, Jose requests that Pedros complaint be dismissed forthwith.
Other reliefs just and equitable are also prayed for.
[Explanation: Due to constraints in distance and time, a copy of this motion shall be
served by registered mail.]

(Required under Section 11, Rule 13, Rules of Court, as amended. A violation
of this requirement may be cause to consider the paper as not filed.

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See: Solar Team Entertainment, Inc. v. Hon. Helen Bautista Ricafort, et al.
G.R. 132007, 5 August 1998. Section 11 of Rule 13 gives the court the
discretion to consider a pleading or paper as not filed if the other modes of
service or filing were not resorted to and no written explanation was made as
to why personal service was not done in the first place. The exercise of
discretion must, necessarily consider the practicability of personal service, for
Section 11 itself begins with the clause whenever practicable.
7 March 2007, Quezon City for Manila.
(Attorneys Box)
(Notice of Hearing) See Below

____________________________________________________________________________

Sample Motion 2 (Non-litigated)


(CAPTION)
MOTION TO RESET
Plaintiff Pedro C. Labo, by counsel, states:
1. The Court ordered the resumption of hearing in this case on 20 August 2007 at
8:30 in the morning.
2. Unfortunately, on that date and time, the undersigned counsel has committed to
attend another case entitled: Labo vs. Bawi (Civil Case 23456) before the Regional Trial Court
of Manila, Branch 42, the schedule of which was set before this.
ACCORDINGLY, Pedro requests that the hearing set on 20 August 2003 be
cancelled and moved to a later date preferably on 8 September 2003 or any date convenient
to the Court and the adverse party.
[Explanation: Due to lack of time and manpower, a copy of this motion shall be
served by registered mail.]
Manila, 10 August 2008.
(Attorneys box)
(Notice of Hearing)- See below

ADDENDUM TO MOTIONS.
NOTICES OF HEARING.

The Rules of Court requires that the notice should be directed to the parties
(counsel included) NOT TO THE CLERK OF COURT. Otherwise, the motion shall
be considered a sham or a mere scrap of paper (Cf. Mesina, et al. vs. Court of
Appeals, G.R.110946, 24 October 1994). Moreover, the rules provide that the motion
day and time be on Friday at 2:00 oclock in the afternoon. While in actual practice
this rule is usually observed in the breach, you are expected to conform strictly to this
requirement as a Bar examinee. Motions are either litigated or not. Non-litigious
motions are those that may be acted upon by the Court without further argument like a

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motion to reset or a motion for postponement. All other motions are litigated and
should be acted upon after due hearing.

Check the sample notice below.


(ASSUME THAT PARTS 1-6 OF A MOTION TEMPLATE HAVE BEEN DRAFTED)
Notice and Copy furnished:
Atty. PEDRO PENDUKO
Counsel for the Defendant
Suite 210 Makati Executive Center
Herrera St., Salcedo Village, Makati City
The undersigned shall submit the foregoing motion for the Courts resolution on 20
August 2002, Friday, at 2:00 oclock in the afternoon.

(or if a non-litigated motion)


Due to the non-litigious character of the foregoing motion, please submit the same to
the Court for its immediate consideration and approval.

(SGD.) KRISPULO Y. MARQUEZ

IV. COMPLAINT-AFFIDAVITS. These forms are resorted to initiate criminal


proceedings. In this regard, recall the issues in the drafting affidavits. Then see the
sample below. Note that the usual jurat has been changed because the complainant or
the respondent would take an oath or affirmation before a public prosecutor or any
officer authorized to conduct preliminary investigation.
Republic of the Philippines
OFFICE OF THE CITY PROSECUTOR
Department of Justice
Manila
EDGARDO S. SOTTO,
Complainant,
- versus -

I.S. : 123456
For: Violation of BP 22

WIGBERTO B. MACEDA,
Respondent.
x --------------------x
COMPLAINT
I, Edgardo S. Sotto, of legal age, residing at 143 Love Lane Avenue, PAG-IBIG Homes,
Manila, under oath, declare that:

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[In all the paragraphs of the affidavit, state the facts in chronology that
constitutes the various elements of the crime charged. Look at the
sample below.]

1. Respondent Wigberto Maceda is a Filipino, of legal age, a resident of Block 124 Lot
17 Phase III, Palipanan Site, Dasmarias, Cavite.
2. Sometime in January 2005, Wigberto purchased several computer parts from me for
a total amount of Pesos: Three Hundred Sixty Seven Thousand Nine Hundred (P367,900.00);
3. In payment for the goods, Wigberto drew and delivered to me in my Manila office, a
check particularly described as follows: PilipinasBank-Dasmarias, Cavite Branch, Check 12345
dated 19 March 2005 for P367,900.00.
4. Upon deposit of the check when it fell due, his bank dishonored the check for
having been drawn against insufficient fund. A copy of the check, stamped with the proper
reason for dishonor, is attached as Annex A.
5. Despite repeated demands, Wigberto failed to replace the check and pay the
amount stated in it plus interest of 12% per annum. As a result, I engaged the services of
counsel who demanded in writing the payment of his obligation. A copy of this last demand
together with my proof of service are attached as Annexes B, C, and C-1; respectively.
6. Constrained to institute this criminal complaint against Wigberto, I suffered actual
damages in the amount stated above. I also undertook to pay my counsel for his services the
sum of P75,000.00 on top of the litigation expenses I incurred in connection with this case, the
amount of which I shall prove during trial.
7. I execute this affidavit to confirm the truth of the foregoing and to support my
complaint against Wigberto for violation of Section 1 of Batas Pambansa 22.
City of Manila, 7 June 2007.
(SGD.) EDGARDO S. SOTTO
Affiant
SIGNED AND SWORN TO before me this 28 June 2007.
(SGD.) MAGNOLIA C. BUSTAMANTE
Assistant City Prosecutor

*Complaint-affidavits or counter-affidavits are usually sworn before a


prosecutor. The rules, however, allow oath-taking before a notary public. When they
are before a notary public, the rules require a notary to certify that he personally
examined the affiants and that he is satisfied that they voluntarily executed and
understood their affidavits (Cf. Sec.3(a) Rule 112, Rules of Court, as amended)
INFORMATIONS. In drafting informations, one should recall the material
distinctions among the various stages of execution of crimes. A felony is
consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution,
which would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator. There is an
attempt when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony
by reason of some cause or accident other than this own spontaneous desistance.
V.

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Notice that the information does not have a relief portion because it is presumed that
the prosecution would be asking for the appropriate penalty provided by law. One
need not state the obvious. For informations, the addenda would be: the list of
witnesses; the recommended bail; and, the prosecutors certification.

Take a look at the sample below.


Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 42, MANILA
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case: 123456

FEDERICO B. CORCOLON,
Accused.
x------------------------x
INFORMATION
The undersigned prosecutor accuses FEDERICO B. CORCOLON of the crime of
robbery, committed as follows:
On or about 14 February 2003 in the City of Manila, the accused did then and there
willfully, unlawfully and feloniously with intent of gain and without the owners consent took and
stole the Persian Mariana gold necklace of Gregorio Morales valued at PhP75,000.00 by forcing
open with an ice pick the personal vault where the necklace is located to the damage and
prejudice of the owner.
CONTRARY TO LAW.
14 June 2003, Manila
(SGD) NARCISO N. PEREZ
Assistant Prosecutor
Witnesses: Pamela Banos, 12 Singalong St. Manila
Tracy Buyas, 14 Singalong St, Manila
Bail Recommended: P8,000.00
CERTIFICATION
I hereby certify that: the preliminary investigation in this case has been conducted; I
have examined the complainant and his witnesses and on the basis of their sworn statements
and other evidence submitted before me there is reasonable ground to believe that the offense
charged has been committed; the accused was informed of the complaint and was given an
opportunity to submit controverting evidence and that the filing of this information was with the
authority of the City Prosecutor.
NARCISO N. PEREZ
SUBSCRIBED AND SWORN to before me this 27 July 2003 in the City of Manila.
JOSE C. BUSTOS
Administering officer

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ADDITIONAL INPUTS
A notary public under the new rules is empowered to perform the following
notarial acts: (a) acknowledgments; (b) oaths and affirmations; (c) jurats; (d)
signature witnessings; (e) copy certifications; and (f) any other act authorized by these
Rules (Cf. Section 1, Rule 4, 2004 RNP).
1. The 2004 RNP has an impact on drafting legal documents. Please note for
your consideration the following samples of legal documents that may be required
pursuant to these new rules:
A. Sample Petition for Notarial Commission (conformably with the new rules)
Republic of the Philippines
REGIONAL TRIAL COURT
Fourth Judicial Region
Lucena City
IN RE: PETITION FOR APPOINTMENT AS
NOTARY PUBLIC FOR AND IN LUCENA CITY
JUAN C. DELA ROSA,
Petitioner.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

Adm. Matter 2005-123

PETITION
Petitioner JUAN C. DELA ROSA, respectfully states:
1. He is a Filipino citizen, twenty eight (28) years of age, having been born on 21 May
1977 and has been residing in the Philippines since birth particularly at 343 Teresa Street,
Vista Monte Subdivision, Lucban, Quezon where he also holds office, well within the courts
jurisdiction. His contact numbers here are (042)5404977.
2. He obtained a degree in law from the San Sebastian College in Manila and had
been certified by the Supreme Court in May 2005 as a member of the Philippine Bar under
Roll of Attorney 50762 after he passed the Bar examination administered in September 2004.
A copy of his certificate of admission to the Philippine Bar is attached as Annex A.
3. He is of good moral character and has not been criminally charged with, much
more, convicted of any crime involving moral turpitude. He has no pending administrative case
before the Supreme Courts Office of the Bar Confidant. A copy of his certificate of good
standing issued by the Bar Confidant is attached as Annex B. In addition, two (2) members of
the Integrated Bar of the Philippines (IBP) chapter in Lucena City have vouched for his good
moral character as confirmed by the certifications enclosed as Annexes C and D.
5. Since becoming a lawyer and IBP member, he comported himself as a worthy
member of the profession. His annual dues were kept updated as shown by a copy of the IBP
receipt enclosed as Annex E, indicating his prompt payment of his dues for the current year.
He also paid the required professional tax for the privilege of practicing his profession as
shown by the appropriate receipt attached as Annex F. He is, therefore, a member in good
standing, a fact which the IBP confirmed by the enclosed certificate it issued in his favor
marked as Annex G.

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6. He is a taxpayer duly registered with the Bureau of Internal Revenue under Tax
Identification 115-890-345678.
7. He desires to serve as notary public ever convinced that he possesses all the
qualifications and none of the disqualifications imposed by the rules for the office. He also had
never been commissioned as notary public in any other jurisdiction or in any place in the
Philippines.
8. As further proof of his genuine interest to become a notary public, he has paid the
required filing fee as shown by the attached receipt marked as Annex H. Additionally, he
attached in a separate paper marked as Annex I for the courts ready reference three (3) of his
passport-size color photographs bearing his signature at each of the bottom parts.
9. Finally, he has attached as Annex J a copy of the receipt issued by the
manufacturer from whom he purchased the seal he will use once commissioned as notary
public. (Cf. A.M. 02-8-13-SC, 14 December 2004)
ACCORDINGLY, petitioner respectfully asks that:
(a) Upon filing this petition, a summary hearing be set consistent with the provisions
of Section 4 of the 2004 Rules on Notarial Practice; and,
(b) After due proceeding, issue in his favor the appropriate notarial commission to be
effective within the Courts territorial jurisdiction.
Other reliefs just and equitable are likewise prayed for.
Lucban for Lucena City, 28 August 2005.
(SGD.) JUAN C. DELA ROSA
Petitioner
Roll of Attorney 50672
13 Teresa Street Mira Monte Subdivision
Lucban, Quezon
PTR 4024157; 01-13-2005; Lucena City
IBP 560109; 01-13-2005; Lucena City
VERIFICATION
JUAN C. DELA ROSA, under oath state that, I have read and know the contents of
the foregoing petition that I personally drafted and the facts stated in it are true and correct to
my personal knowledge and/or based on official documents available to me.
28 August 2005, Lucena City, Quezon.
(SGD.) JUAN C. DELA ROSA
Drivers License NOH-2345678
Issued at Lucena City
Expires on 23 May 2007
SIGNED AND SWORN to before me this 28 August 2005 in Lucena City, Quezon
after I identified him with his competent evidence of identity stated above.
(SGD) Juan C. Mendoza
Notary Public of Lucena City
Suite 212 Nolasco Bldg., Pilar, Lucena City
Commission Serial 54342
Roll of Attorney 38719
PTR 4122327; 01-04-2005; Lucena City

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IBP 54109; 01-09-2005; Lucena City


Doc. 12;
Page 8;
Book II;
Series of 2005.

Copy certification is a new notarial act under


Section 4, Rule 2 of the 2004 RNP. It refers to a notarial act in which a notary public:
(a) is presented with an instrument or document that is neither a vital record, a public
record, nor publicly recordable; (b) copies or supervises the copying of the instrument
or document; (c) compares the instrument or document with the copy; and (d)
determines that the copy is accurate and complete. Check the sample below.
B. Sample Copy Certification.

Presented before me by Architect Noel Lastimoso is his punchlist inspection report to


Spouses Fidel and Myra de Guzman, owners of the a house and lot in 801 Matahimik Street,
U.P. Village, Quezon City, pertaining to a renovation project in the same address. After
personally supervising the copying of this document, I certify that this copy, where this
certificate is attached, is an accurate and complete copy of the original.
Signed and Sealed on 11 September 2007 in Quezon City.
(SGD) Macario C. Mendoza
Notary Public of Quezon City
Suite 212 Nolasco Bldg., Commonwealth
Quezon City
Commission Serial 54342
Roll of Attorney 38719
PTR 4122327; 01-04-2005; Quezon City
IBP 54109; 01-09-2005; Quezon City
*I agree with Justice Regalado E. Maambong who in his book wrote
that the notarys signature is already adequate without need of
assigning a document, page, or book number in the notarial register
because he obviously cannot swear before himself when acting as
such.

C. Sample Signature Witnessing . Another new notarial act under Section 14, Rule

2 of the 2004 RNP is signature witnessing. It refers to a notarial act in which an


individual on a single occasion: (a) appears in person before the notary public and
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; and (c) signs the instrument or document in the presence of the notary
public. Check out the sample below.
Before me personally appeared Juan C. dela Cruz and presented to me his passport
JJ 8972 issued by the Foreign Affairs Department in Manila that is valid up to 11 September
2007, known to me to be the same person who signed in my presence the assignment of loan
proceeds from PAG-IBIG in favor of Ms. Clarita D. Maligaya.
Signed and Sealed this 1 September 2007 in Quezon City.
(SGD) Macario C. Mendoza
Notary Public of Quezon City
Suite 212 Nolasco Bldg., Commonwealth

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Quezon City
Commission Serial 54342
Roll of Attorney 38719
PTR 4122327; 01-04-2005; Quezon City
IBP 54109; 01-09-2005; Quezon City

D. Jurat or Acknowledgment without the affiants presentation of a competent


evidence of identity. Under the new RNP, the presentation of a competent evidence

of identity may be dispensed with if a party taking an oath or acknowledgment is


personally known to the notary.
SIGNED AND SWORN to before me this 28 August 2007 in Lucena City, Quezon by
the affiant whom I personally know.
(Add the notarial certificate)
OR

BEFORE ME, appeared Tomas S. Balatan known personally to me. I know him to be
the same person who executed the foregoing deed of assignment. He acknowledged to me
that he signed it voluntarily for the purposes stated in the document.
City of Manila, 15 August 2004.
(Add the notarial certificate)

E. Special Competent Evidence of Identity . Because the rules on competent

evidence of identity is new, the bar examiner might ask you to draft a notarial act
requiring a competent evidence of identity based on paragraph (b) of section 12 of the
2004 RNP. This rule reads: (a) the oath or affirmation of one credible witness not
privy to the instrument, document or transaction who is personally known to the
notary public and who personally knows the individual, or (b) of two credible
witnesses neither of whom is privy to the instrument, document or transaction who
each personally knows the individual and shows to the notary public documentary
identification.
For the first situation, the requirements are: (a) the notary public personally knows the
witness; (b) the witness personally knows the principal party; (c) the witness is not
privy to the instrument, document or transaction; and (d) oath or affirmation of the
witness. In this regard, consider the sample acknowledgment below:
(a)
BEFORE ME, personally appeared Jose B. Ricalde whose identity is proven to me by
Tomas S. Balatan, personally known to the undersigned notary, and the latter acknowledged to
me that the signature he affixed in the foregoing deed of assignment is his voluntary act for the
purposes stated in it.
Tomas S. Balatan affirms under penalty of law that he personally knows Jose I.
Ricalde, who is without an identification document, to be same person who executed the
foregoing deed and that he is not privy to or interested in the document he signed.

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City of Manila, 15 August 2007.


(SGD) Macario C. Mendoza
Notary Public of Manila
Suite 212 Nolasco Bldg., Laong Laan Street,
Sampaloc, Manila
Commission Serial 54342
Roll of Attorney 38719
PTR 4122327; 01-04-2007; Quezon City
IBP 54109; 01-09-2007; Quezon City

Doc. 13;
Page 2;
Book IV;
Series of 2007.

For the second situation, the requirements are: (a) the witnesses each personally
knows the principal; (b) the witnesses show to the notary their respective evidence of
identity; (c) both witnesses are not privy to the instrument, document or transaction;
and (d) oath or affirmation of the witnesses. In this regard, consider the sample
acknowledgment below:
(b)
BEFORE ME, personally appeared Jose B. Ricalde who has proven to me his identity
through witnesses:
Name

Competent Evidence of
Identification

Date/ Place Issued

1. Tomas S. Balatan,

Passport CC123330

1-05-2005 / Baguio City

2. Juan N. Buelta,

Passport JJ200345

1-17-2005 / Manila

both of whom personally know Jose and the latter acknowledged to me that the signature he
affixed in the foregoing deed is his voluntary act for the purposes stated in the document.
We Tomas Balatan and Juan Buelta, Filipinos, of legal ages, affirm under penalty of
law that the following are true:
1. Jose B. Ricalde, personally known to us, is the same person named in the
foregoing deed of assignment.
2. Jose does not have any current identification document nor can he obtain one
within a reasonable time.
3. We are not privy to or are interested in the document he signed.
City of Manila, 15 August 2007.

Doc. 13;
Page 2;
Book IV;
Series of 2007.

FINAL CONSIDERATIONS

(SGD) Macario C. Mendoza


Notary Public of Manila
Suite 212 Solano Building
Binondo, Manila
Commission Serial 54342
Roll of Attorney 38719
PTR 4122327; 01-04-2007; Manila
IBP 54109; 01-09-2007; Manila

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Completing the required pleading or contract will not be enough. To ENSURE


an excellent work, try to edit your work. Here are some helpful editing tips:
1. Aside from avoiding needless words to save on time, use the active voice
instead of the passive voice. Active voice is direct, vigorous, and strong. Sense the
difference.
Abel was killed by Cain. (Passive)

Cain killed Abel. (Active)

2. Use the right connectives. You need the help of connectives or transitory
devices to link your ideas one after the other and present a unified thought. You
cannot assume that the examiner can read unspoken tie-ups between ideas. Consider
the following useful connectives:
Connective
And
Besides, what is more, furthermore, in
addition, and again
First, next, then, finally; meanwhile
Nearby, above, below
But, still, however, on the other hand,
nevertheless, rather
In fact, as a matter of fact,
Therefore, consequently, accordingly
In short, to sum up, in brief

Function
Connects two ideas of the same kind
Adds another thought to the first
Arranges ideas in order
Arranges ideas in space
Connects two contrasting ideas
Connects the first idea with the second one
that points it up; the second one affirms of
validates the first idea
Connects an idea with another that follows
from it.
Summarize several ideas

3. Avoid legalese and old English. Legal clichs have become trite and weak.
To some, they may sound pretentious, unnatural or artificial, if not arrogant. Phrases
and words like to wit, instant case, aforesaid complaint, herein method, thereat and
theretofore must be discarded in favor of simpler words.
4. Be simple. Some have the mistaken belief that they will sound more
dignified and lawyerly if they use polysyllabic words like accompanied or
informed instead of went with or told, respectively. Your written work will
have the same tone of formality and dignity as long as it is serious and thoughtful. As
a rule, a simple familiar word that means exactly the same thing is the better choice.
5. Observe grammar rules. In presenting your answers, ensure that: the subject
agrees with the verb; you used the proper verb tenses and forms; there is proper
coordination and subordination; and, proper punctuations were used.
oOo