LEGAL FORMS Q: When is an acknowledgment made?
A: An acknowledgment is made in documents where there is
Form is important when the law requires a document or other
special form, such as those mentioned in Article 1358 of the New
Civil Code, donation of an immovable property under Art. 749, NCC,
pledge under Art. 2096, NCC. (Suarez, 2007)
Q: What does the study of Legal Forms include?
A: It includes the following:
1. Business Forms – Forms used in conveyance, or of the
forms of deeds, instruments or documents creating,
transferring, modifying or limiting rights to real as well as
personal properties, and other forms related to business
contracts or transactions. (Legal Forms, Suarez 2007)
2.
3. Judicial Forms – Forms which pertain to different kinds of
pleadings, applications, petitions, affidavits, motions and
the like. (Ibid)
Q: What is a document?
A: It is a writing or instrument by which a fact may be proven or
affirmed. A document may either be private or public.
1. Private Document – a deed or instrument executed by a
private person, without the intervention of a notary public
or of other person legally authorized, by which a
document, some disposition or agreement is proved,
evidenced or set forth.
2. Public Document
a. An instrument authenticated by a notary public or a
competent public official, with the formalities
required by law
b. An instrument executed in due form before a notary
certified by him
c. That which is made by a notary public in the
presence of the parties who executed it, with the
assistance of two witnesses. (Suarez, 2007)
A. COMMON FORMS
1. ACKNOWLEDGMENT
Note: Acknowledgment is a statutory act such that only those
instruments that are required by law to be acknowledged shall be
acknowledged; it is also a personal act such that it cannot be
acknowledged by a person other than the one who executed it.
(Suarez, 2007)
Q: What are examples of instruments that must be acknowledged?
A:
a. Deeds
b. Conveyances
d. Mortgages
a. Leases
e. Releases and discharges affecting lands whether
registered under Act 496 or unregistered
Note: If not acknowledged, such documents will not be accepted by
the Register of Deeds for registration. (Suarez, 2007)
Note: The person who executed the instrument is the one who
executes an acknowledgment.
transfer or conveyance of title to property, transmission of rights or
manifestation of agreement of parties (fulfillment of a prestation to
give, to do or not to do).
Note: It should be used only in contracts, never in affidavits or
sworn statements. (Albano, Albano, Jr. and Albano, 2004)
Q: What is the meaning of Scilicet or “S.S.”?
A: “S.S.” literally means more particularly (Suarez, 2007), to wit, or
namely (Guevara, 2010). It is used to particularize a general
statement. (Ibid)
In notarized documents, it indicates that the legal document was
executed in the designated place within that particular jurisdiction
for such an act.
Note: The omission of “S.S.” in a legal document is not material so
as to invalidate it. (McCord, et al. v. Glenn, 6 Utah 139, 21 Pac. 500;
Guevara, 2010)
Q: What are the contents of an acknowledgment?
A:
[1] Title of the notarial act
[2] Place of execution
[3] Date
[4] Name of person acknowledging the document (as well as
name/s of the entity/ies being represented, if
such is the case)
[5] Competent evidence of identity presented
[6] Date and place of issue of the competent evidence of
identity presented
[7] Acknowledgment made to the notary public that it is the
person’s voluntary act and deed
[8] Type of document executed and number of pages
[9] Notarial certificate
[10] Identity of notary public
[11] Details of the notarial register
[12] If executed in a representative capacity, a statement to
that effect
Form 1: General Form of Acknowledgment
[1] ACKNOWLEDGMENT
[2] REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________)
CITY/MUNICIPALITY OF _______) S.S.
[3] BEFORE ME, a NOTARY PUBLIC for and in the above
jurisdiction, this ___ day of _____, 2012, personally appeared the
following persons
[4] NAME [5] IDENTIFICATION
[6] DATE AND PLACE OF ISSUANCE
____________________ ___________________
_______________________ ____________________
___________________
_______________________
[7] Known to me to be the same persons who executed
the foregoing instrument and they acknowledged to me that the
same is their own free and voluntary act and deed [12] and of the
corporations herein represented.
 [8] This instrument refers to a (title of document) and REPUBLIC OF THE PHILIPPINES)
consists of ___ pages including the page on which this PROVINCE OF _______________)
acknowledgment is written and signed by the parties and their CITY/MUNICIPALITY OF ______) S.S.
instrumental witnesses on each and every page thereof.
[1] SUBSCRIBED AND SWORN to before me, in the Municipality/City
[9] WITNESS MY HAND AND SEAL on the date and at the of_____, this ____ day of ____, 2012, the affiant exhibiting to me his
place above written. (any competent evidence of identity) issued by (issuing agency) on
(date of issue) at (place of issue).

[10] JUAN DELA CRUZ

[2] JUAN DELA CRUZ
NOTARY PUBLIC- Makati City
NOTARY PUBLIC- Makati City
Appointment No. ____
Appointment No. ____
Until December 31, 2012
Until December 31, 2012
Roll no. ____
Roll no. ____
PTR no. ____, date of issue, place of issue
PTR no. ____, date of issue, place of issue
IBP no. _____, date of issue, place of issue
IBP no. _____, date of issue, place of issue
Office Address:
Office Address:
Email:
Email:
Contact Number:
Contact Number:
[11] Doc. No._____; [3] Doc. No._____;
Page No. ____; Page No. ____;
Book No.____; Book NO.____;
Series of 2012 Series of 2012

2. JURAT Q: What are the contents of a Jurat?

A: Three (3) sections of Jurat:
Q: What is a Jurat?
A: It is that part of an affidavit in which the officer certifies that the [1] The Notary’s declaration regarding when and where the person
instrument was sworn to before him. It is not part of the affidavit. took an oath or affirmation as to the document or instrument and
(Suarez, 2007) his competent evidence of identity, bearing his picture and signature
was presented.
Note: Jurat is important as it gives the document a legal
character.(Ibid) [2] The identity of the notary public with the following:
a. Complete Name of the Notary Public
Q: Who executes a Jurat? b. Place of Commission
A: The notary public. He certifies that the same was sworn before c. Appointment Number
him. d. Expiration Date of the Notarial Commission
e. Roll Number
Q: When should jurats be executed? f. PTR Number
A: It is used in any notarized document that is declaratory in nature, g. IBP Number Office Address
such as:
a. Affidavits [3] The details of the Notarial Register:
b. Certifications a. Document Number
c. Whenever the person executing the document makes a b. Page Number
statement of facts or attests to the truthfulness of an event, under c. Book Number
oath. d. Series Number (year)

Note: A jurat should be used only in affidavits, sworn statements, 3. PLEADING

certifications, verifications and the like. Never use it in contracts. Q: What are pleadings?
(Albano, Albano, Jr. and Albano, 2004) A: Pleadings are the written statements of the respective claims and
defenses submitted to the court for appropriate judgment. (Sec. 1,
Form 2: Jurat Rule 6, RRC)
Q: What is the purpose of a pleading?
A: Its purpose is to define the issues and form the foundation of the
proof to be submitted at the trial. It narrows the case down to a
specific issue or issues which will be submitted to the court for trial
and judgment. (Suarez, 2007)
Q: What are the parts of a pleading?
A: Cap-Ti-BRA PLUS
[1] Caption
[2] Title
[3] Body
[4] Relief
[5] Attorney
[6] PLUS
a. Verification, if required
b. Certificate of non-forum shopping, when appropriate
c. Notice of hearing, when required
d. Proof of service
e. Explanation
4. PRAYER
Q: What is a Prayer?
A: This is a part of the pleading which states the relief or reliefs
prayed for by the parties.
Note: It is not a part of the cause of action.
Note: The relief or reliefs prayed for may be proper or not, but as
long as the plaintiff deserves a relief, the court will grant him the
relief to which he is entitled under the facts as proven. (Guidotte v
Yeung, CA-CR No. 6268, July 10, 1951)
6. CERTIFICATION OF NON-FORUM SHOPPING
Q: What is a certificate of non-forum shopping?
A: It is a certification under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a sworn certification
annexed to such pleading and simultaneously filed therewith, where
the party:
a. Certifies that he has not theretofore commenced any
action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the best of
his knowledge, no such other action or claim is pending.
b. If there is such other pending action or claim, gives a
complete statement of the present status thereof
c. Undertakes that if he should thereafter learn that the
same or similar action or claim has been filed or is
pending, he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid complaint or
initiatory pleading has been filed.
Q: What is the consequence on failure to execute such certification
when necessary?
A: Failure to comply shall be cause for dismissal of the case without
prejudice, unless otherwise provided, upon motion and hearing. The
foregoing requirements shall not be curable by mere amendment of
the complaint or other initiatory pleading. (Suarez, 2007)
Note: Submission of a false certification or non-compliance with any
of the undertakings shall constitute indirect contempt of court,
without prejudice to the corresponding administrative and criminal
actions.
Q: Who executes the certification against forum shopping?
A: The plaintiff or principal party
Q: When should the certification be executed?
A: It is executed simultaneously with a complaint or any other
initiatory pleading.
7. VERIFICATION
What is verification?
A: It is a statement, under oath that the pleading is true. It includes
both the actual swearing to the truth of the statements by the
subscriber and also the certification thereto by the notary or other
officer authorized by law to administer oaths. (Pamaran, 2004)
Q: When is verification necessary?
A: Verification is necessary only when the law or rule specifically
requires it. Example, under the Rules of Court, verification is
necessary in the following pleadings:
1. Complaint and other initiatory pleadings
2. Answer, if there are actionable documents
3. Petition for review under Rule 42, RRC
4. Appeal from CTA and quasi-judicial agencies to
the CA (Rule 43, RRC)
5. Appeal by certiorari under Rule 45, RRC
6. Certiorari, prohibition and mandamus (Rule 65,
RRC)
Q: What are the contents of verification?
A: It contains a statement that an affiant has read the pleading, that
he has caused the preparation of said pleading and that the
allegations therein are true and correct based on authentic records
and of his personal knowledge.
Form 8: Verification
Republic of the Philippines)
City of _______________ ) S.S.
(Person verifying) after having been duly sworn deposes
and says that he is the (designation) in the above-entitled (name of
pleading); that he has caused its preparation; that he has read it and
the allegations therein are true and correct based on his personal
knowledge and based on authentic records.
Party verifying
JURAT
Form 9: Verification and Certification of Non-forum Shopping
Republic of the Philippines)
City of ________________) S.S.
(Person verifying) after having been duly sworn deposes
and says:
1. That he is the (designation) in the above- entitled (name of
pleading); that he has caused its preparation; that he has read it and
the allegations therein are true of his own personal knowledge and
based on authentic records;

2. That he certifies that he has not heretofore commenced any
action or filed any claim involving the same issues before any other
court, tribunal or quasi-judicial agency, that to the best of his
knowledge, there is no other pending action or claim, and that if he
should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report such fact within five (5) days
therefrom to this Honorable Court.
Party executing
JURAT
A: A deed is a written instrument under seal containing a contract or
agreement which has been delivered by the parties to be bound and
accepted by the obligee or covenantee. (Suarez, 2007)
Note: In a deed, a person disposes of his property or right in favor of
another.
Q: What is the difference between a deed and a will?
A: A deed, once executed and delivered is irrevocable in the absence
of reservation of the right to revoke. On the other hand, a will
operates only upon and by reason of the death of the maker. During
his lifetime, it is ambulatory and revocable.

B. BUSINESS FORMS Q: What are the typical parts of a deed?

A: TAP-CAP-SA
Note: Conveyance is a deed whereby the ownership of a real [1] Title
property is transferred from one person to another. (Suarez, 2007) [2] Announcement
[3] Party one
1. CONTRACTS [4] Consideration
[5] Act or Conveyance
A contract is a meeting of minds between two persons whereby one [6] Party two
binds himself, with respect to the other, to give something or to [7] Signatures
render some service. (Art. 1305, NCC) [8] Acknowledgment

Contract is a juridical convention manifested in legal form, by virtue Note: You can use this pattern for all kinds of deeds. You need only
of which one or more persons or parties bind themselves in favor of vary the “act or conveyance” portion to convert it into a deed of
another or others, or reciprocally, to the fulfillment of a prestation assignment, a deed of easement of right of way, a deed of real
to give, to do or not to do. estate mortgage, a deed of chattel mortgage, and others.

Q: What are the parts of a contract of lease of personal property? 3. POWER OF ATTORNEY
A: TAP-WAC-SA
[1] Title Q: How is a General Power of Attorney different from Special
[2] Announcement Power of Attorney?
[3] Parties A: A special power of attorney is a very limited power of attorney as
[4] Conditions or terms it allows the Attorney-in-Fact to do only those things specified by
[5] Signatures the principal. The authority granted is usually very limited and
[6] Acknowledgement clearly defined in the power of attorney form. A general power of
attorney allows the Attorney-in-Fact to do anything the principal
would legally be able to do in his name.
Q: What are the parts of a contract of lease of real property?
A: TAP-WAC-SA Q: What are the parts of a general power of attorney?
[1] Title A: VeT-PAP-GA
[2] Announcement [1] Venue and Title
[3] Parties [2] Personal Circumstance
[4] Whereases [3] Appointment operative words
[5] Agreement proper [4] Power
[6] Conditions or terms [5] Granting authority operatives
[7] Signatures [6] Acknowledgment
[8] Acknowledgement

Note: State citizenship, if the transaction involves titled property. Q: What are the parts of a special power of attorney?
(Albano, Albano, Jr. and Albano, 2004) A: VeT-PAP-GA
[1] Venue and Title
Note: State marital status, if the transaction involves titles real [2] Personal Circumstance
property. If a party is married, state full name and his/ her [3] Appointment operative words
citizenship. (Ibid) [4] Power
[5] Granting authority operatives
Note: In the “whereas” clauses, the representations of the parties as [6] Acknowledgment
well as their respective intentions or motives, are usually stated.
(Ibid)

2. DEED Q: What does a secretary’s certificate contain?

Q: What is a deed? A:
[1] Personal circumstances of the secretary Q: What is an Affidavit of Merit?
[2] Date of the Meeting and Resolution of the Board A: It is an affidavit which states that the defendant has a meritorious
[3] Resolutions still in force defense of a substantial and not merely technical nature and stating
[4] Jurat the facts constituting the same.

Note: Being regular on its face, a Secretary's Certificate is sufficient
for a third party to rely on. It does not have to investigate the truth
of the facts contained in such certification; otherwise business
transaction of corporations would become tortuously slow and
unnecessarily hampered.
Q: What does a treasurer’s affidavit contain?
[1] Name of treasurer
[2] Election as treasurer
[3] Certification as to amount of subscription received (25%-25%
rule)
[4] Authority to examine account
[5] Jurat
Note: In executing an affidavit, the affiant’s primary qualification is
that he has knowledge of the facts which he states, and the truth of
which he affirms. (Suarez, 2007)
Q: What is an Affidavit of Good Faith?
A: A certificate included in the chattel mortgage contract executed
by both the mortgagor and mortgagee that the mortgage is
constituted to secure the specified obligation, and that the said
obligation is a valid, just and subsisting obligation and not one
entered into for the purpose of fraud. (Sec. 5, Chattel Mortgage
Law)
2. MOTIONS

JUDICIAL FORMS Q: What is a motion?

A: A motion is an application for relief other than by a pleading. (Sec.
Note: All judicial forms have one mold or pattern. The parts of a 1, Rule 15)
typical judicial form are:
[1] Caption Note: A motion shall state the relief sought to be obtained and the
[2] Title grounds upon which it is based, and if required by the Rules or
[3] Introduction necessary to prove facts alleged therein, shall be accompanied by
[4] Body supporting affidavits and other papers. (Sec. 3, Rule 15, RRC)
[5] Relief
[6] Attorney Note: The plus for a motion is the notice of hearing (mandatory if
[7] Plus or addendums the motion is a litigated motion). If filing of a pleading or service of
its copy on adverse party is done by registered mail, another plus is
the need to give an explanation why personal filing or service could
not be done.

Q: What are the parts of a motion:

1. AFFIDAVITS [1] Caption
Q: What is an Affidavit?
[2] Title of the case
A: It is an ex parte statement in writng made under oath before a
[3] Body of the motion
notary public or other officer authorized to administer oaths, about
facts which the affiant either knows of his personal knowledge or is
Note: The body of a motion usually has two parts:
aware of to the best of his knowledge. (Khan, Jr., 2007)
a. The ground for the motion
b. The argument in support of the motion
Q: Is oath similar from an affidavit?
A: No. An affidavit consists of statement of fact which is sworn as to
[4] Prayer
the truth, while an oath is a pledge. (Suarez, 2007)
[5] Place, date and signature
[6] Notice of Hearing
Q: Who is an affiant?
[7] Proof of Service
A: It refers to a person who signs an affidavit and swears to its truth
before a Notary Public or some person authorized to take oath

Q: What are the parts of a typical sworn statement or affidavit?

A:
[1] Venue
[2] Title
[3] Person
[4] Oath
[5] Statement
[6] Signature
[7] Jurat