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ACKNOWLEDGMENT
This Instrument consists of only ______ (____) page/s, including this page in which this
acknowledgment is written, duly signed by _____________ and his/her instrumental witnesses on
each and every page hereof.
NOTARY PUBLIC
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of
_____________, personally appeared _____________ with Community Tax Certificate No.
_____________ issued on _____________ at _____________, and _____________ with
Community Tax Certificate No. _____________ issued on _____________ at _____________
who represented to me that he/she is the __position in the corporation__ of __(name of
corporation)__ and that he/she has the authority to sign for and in behalf of the said corporation in
that capacity, both personally known to me (or whom I have identified through competent evidence
of identity), and who represented that their signatures on the foregoing instrument were voluntarily
affixed by them for the purposes stated in the instrument and who declared that the foregoing
instrument is their free and voluntary act and deed as well as the free act and deed of the corporation
herein represented.
This Instrument consists of only ______ (____) page/s, including this page in which this
acknowledgment is written, duly signed by the parties and their instrumental witnesses on each
and every page hereof.
NOTARY PUBLIC
ACKNOWLEDGMENT
This Instrument consists of only ______ (____) page/s, including this page in which this
acknowledgment is written, duly signed by the parties and their instrumental witnesses on each
and every page hereof.
NOTARY PUBLIC
ACKNOWLEDGMENT
all personally known to me (or whom I have identified through competent evidence of identity) and
who represented to me that their respective signatures on the foregoing instrument were voluntarily
affixed by them for the purposes stated in the instrument and who declared that they have executed
the foregoing instrument as their free and voluntary act and deed.
This Instrument consists of only ______ (____) page/s, including this page in which this
acknowledgment is written, duly signed by the parties and his instrumental witnesses on each and
every page hereof.
NOTARY PUBLIC
ACKNOWLEDGMENT
This Instrument consists of only ______ (____) page/s, including this page in which this
acknowledgment is written, duly signed by _____________ and his/her instrumental witnesses on
each and every page hereof.
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No.______;
Series of 20____.
SUBSCRIBED AND SWORN to before me, this _____________, by the Affiant who is
personally known to me (or whom I have identified through competent evidence of identity) and who
exhibited his/her Community Tax Certificate No. _____________ issued at _____________ on
_____________.
NOTARY PUBLIC
(Joint Affiants)
NOTARY PUBLIC
(Multiple Affiants)
SUBSCRIBED AND SWORN to before me, this _____________, by the following who are
all personally known to me (or whom I have identified through competent evidence of identity) and
who exhibited to me their respective Community Tax Certificates as follows:
NOTARY PUBLIC
COMPROMISE AGREEMENT
We, Complainant _____________, and the Respondent _____________, hereby enter into
this Compromise Agreement / Settlement of Any and All Claims, and by virtue thereof manifest
as follows:
3. That this Compromise Agreement / Settlement of Any and All Claims constitutes a
Release, Waiver and Quitclaim and that no further claim, suit or proceeding of
whatever nature may be filed in any court or agency of the government against the
herein Respondent or any person acting in its interest, since any and all claims in
connection with the previous employment of the said Complainant have been finally
settled once and for all.
4. As such, the parties hereto respectfully request the National Labor Relations
Commission to treat the above-captioned case as CLOSED and/or finally DISMISSED
with prejudice.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at
_____________, Philippines, after the contents of this Compromise Agreement / Settlement of
Any and All Claims were read and understood by me after they have been explained by the
Administering Officer.
COMPLAINANT RESPONDENT
__________________ __________________
(ACKNOWLEDGMENT)
(First Notice)
Date : _____________
To : __Name of Employee__
From : __Manager__
NOTICE
Company records and reports show that you have been remiss in your duties and
responsibilities to the Company by committing the following acts that are inimical to the interest
of the Company and its customers/clients, particularly in the following instances:
Please explain in writing, within _________ (____) days upon receipt hereof, why you
should not be subjected to appropriate disciplinary action in connection with the foregoing acts
and misconduct. Failure to respond within the period given will be construed as a waiver of your
right to be heard and the investigation on the foregoing matter will proceed. In the event that after
due investigation the imposition of disciplinary actions is warranted, same shall be made known
to you.
General Manager
Received by:
_________________
Date: _____________
Date : _____________
To : __Name of Employee__
From : __Manager__
NOTICE
Company records and reports show that you have been remiss in your duties and
responsibilities to the Company by committing the following acts that are inimical to the interest
of the Company and its customers/clients, particularly in the following instances:
Please explain in writing, within _________ (____) days upon receipt hereof, why you
should not be subjected to appropriate disciplinary action in connection with the foregoing acts
and misconduct. Failure to respond within the period given will be construed as a waiver of your
right to be heard and the investigation on the foregoing matter will proceed. In the event that after
due investigation the imposition of disciplinary actions is warranted, same shall be made known
to you.
Furthermore, considering the nature and gravity of the offense charged and the sensitivity
of the nature of the work you are currently occupying which is a position of trust and confidence
that gives you access to confidential files and documents that will be involved in the investigation,
you are hereby placed under PREVENTIVE SUSPENSION effective immediately and for a period
of thirty (30) days while this matter is being investigated.
General Manager
Received by:
_________________
Date: _____________
Date : _____________
To : __Name of Employee__
From : __Manager__
NOTICE OF DISMISSAL
After a thorough investigation and examination of all the evidences, evaluations and reports
submitted and on hand, including your letter of explanation dated _____________, you are found
guilty of the committing the following acts:
The foregoing acts constitute (serious misconduct / willful disobedience / gross and
habitual neglect of duties / fraud / willful breach of trust / crime against the person of the employer
or co-employee / gross disregard of company rules and regulations). As you are very well aware,
this is not the first time that you have committed the same violation. Despite repeated warnings
however, you have not heeded the same notwithstanding the fact that you were expressly warned
in a memo to you dated _____________ that a repeat of the violation will necessitate your
dismissal. Such __ground for dismissal__ cannot be condoned as it is inimical to company
discipline and sets a bad example to others.
As such, we regret to inform you that your employment with the company is hereby deemed
terminated effective immediately upon receipt of this notice.
General Manager
Received by:
_________________
Date: _____________
__Date__
__EMPLOYEE__
____Address____
Dear __Employee__:
As a probationary employee, you were made aware that your continued employment with
the company and conversion into regular or permanent status is dependent not only on your
satisfactory service and performance of the work assigned to you, but more importantly, on you
successfully meeting the strict Company standards for regularization as provided for in your
Probationary Employment Agreement. The stringent standards and selection process set by the
company is necessary considering the number of persons competing for the position given to you.
After a thorough observation and evaluation of your performance during the probationary
period, it has been decided by the management not to continue your employment with the company
at this time nor convert your status to a regular employee. While your performance has been
admirable in some respects, it has unfortunately fallen short of the stringent requirements and
standards set by the company for conversion into a regular employee taking into account the very
competitive nature of the selection process.
As such, please be informed that the company will no longer extend your contract of
employment after the expiration of your six (6) month probation period. Kindly surrender all
company property, records, identification, etc. given to you or which are presently in your custody
or possession prior to such termination date. However, considering your admirable service, we
are please to inform you that should you wish to apply for other available positions in the company
in the future, you are more than welcome to do so and your past "performance evaluation" will not
in any way be taken against you.
Again, we would like to thank you for your service to the company and wish you luck in
your future endeavors.
__Name of Company__
Received by:
_________________
Date: _____________
EMPLOYMENT CONTRACT
__Date__
__EMPLOYEE__
____Address____
Dear __Employee__:
We are pleased to inform you that we are engaging your services as a __Designation__
effective _____________ with a (daily/monthly) rate of __________________________
(P__________). The following are the conditions of your employment with this Company:
1. You shall be on probation for a period of six (6) months commencing on your first day of
work with the Company. During your probationary employment, you will be working with
us on a trial basis to determine your fitness for regularization. Your conversion to
permanent status shall be primarily conditioned and dependent upon your satisfactory
service and performance of the work assigned to you and it is within the exclusive
discretion of the Company to determine whether or not such service is satisfactorily
performed and on your having successfully passed / complied with our established
standards for regularization which include, among others, the following criteria:
dependability, trustworthiness, efficiency, initiative, attitude towards work/ the public/ the
Company, its officers and co-employees, cooperation, client response, judgment,
punctuality, quality/ quantity of work, educability, articulateness and professionalism;
2. The Company likewise reserves its rights to terminate your probationary employment, even
prior to the expiration of your probationary period, for any of the just and authorized causes
provided by existing law or for your having failed to satisfactorily meet and comply with
the above-mentioned standards, conditions and requirements. In such event, you will be
entitled to collect only your salary up to the end of working hours of the last day of your
actual service;
3. You are required to comply with the all existing rules, regulations and policies of the
Company as well as those which may hereafter be issued, including but not limited to those
governing order and discipline, honesty, safety and security, work assignments and
standard operating procedures, use of Company properties and access to matters of
confidentiality, and such other rules deemed necessary in the conduct of our business;
4. This probationary employment does not entitle you to the benefits that is or may hereafter
be granted only to regular and permanent employees, except those which the Company as
a matter of policy and upon its discretion, extends to all employees regardless of status and
to those provided by law;
5. You agree that all record and documents of the Company and all information pertaining to
its business and/or its affairs and that of its customers are absolutely confidential and
unauthorized disclosure or reproduction of the same will not be made by you at any time
during or after your employment. You agree that any breach of confidentiality will
constitute sufficient ground for immediate termination of your employment for cause
and/or civil and criminal liability;
6. You agree to be assigned to any work or work station or branch of the Company for such
periods as may be determined by the Company and whenever the service requires such
assignments;
7. In case you intend to resign from the Company, you are required to notify the Company at
least thirty (30) days prior to the effectivity of your resignation, otherwise, failure on your
part to do so will render you liable for damages. However, it is within the sole discretion
of the Company whether or not to accept such resignation earlier than the expiration of said
period.
If you agree with the above terms and conditions, please indicate your conformity by
signing on the space provided below for this purpose.
__Name of Company__
I HEREBY CERTIFY that I have read and have fully understood the foregoing terms and conditions
of my employment with the Agency and that I accept the same completely.
EMPLOYEE
EMPLOYMENT CONTRACT
__Date__
__EMPLOYEE__
____Address____
Dear __Employee__:
You are hereby hired for a period of ________ (_____) months starting on _____________
renewable at the instance of the Agency depending on your performance. However, the Agency
does not warrant that you will have an assignment during the whole period of this contract as the
continuity of your assignments shall be subject to the availability of clients that would engage our
services. During the period that you are without an assignment, you will be considered temporarily
laid without pay, but you shall remain on call to fill up new assignments that the Agency may get
from time to time.
You will not have a fixed or definite area of assignment or place of work and you agree to
be transferred and/or to accept any assignment to any location, if and when so requested by the
Agency as may be dictated by business exigencies.
You are required to strictly comply with all the rules, regulations and policies of the Agency
and its client where you will be assigned, including but not limited to those governing order and
discipline, honesty, safety and security, working hours, work assignments and standard operating
procedures, uniform, use of Agency properties and access to matters of confidentiality, and such
other rules deemed necessary in the conduct of the Agency business.
You agree that all record, documents or information pertaining to the business or affairs of
the Agency or its clients where you will be assigned are absolutely confidential and the
unauthorized disclosure or reproduction of the same will not be made by you at any time during
or after your employment. You agree that any breach of confidentiality will constitute sufficient
ground for immediate termination of your employment for cause and/or civil and criminal liability.
You likewise agree that any problem that you will encounter during your assignment with
a particular client should first be taken up with the Agency and must not in any way be discussed
with the client where you are assigned or decided or acted upon on your own.
You understand that your engagement as a Security Guard depends upon the continued
trust and confidence of the Agency and its clients on your person, integrity and trustworthiness.
As such, the Agency may terminate your services at anytime, even prior to the expiration of this
Contract, for any of the just or authorized causes provided by existing law, breach of trust, for
unsatisfactory performance, or for any violation of the of the rules, regulations or policies of the
Agency or the client where you are assigned. The Agency likewise reserves the right to terminate
your employment in case of termination or expiration of the contract of the Agency with the client
where you are assigned.
In case you intend to resign from the Agency, you are required to submit a thirty (30) day
written notice prior to the effectivity of such resignation, otherwise, failure on your part to do so
will render you liable for damages. However, it is within the sole discretion of the Agency whether
or not to accept such resignation earlier than the expiration of said period.
If you agree with the above terms and conditions of your employment with the Agency,
please indicate your conformity by signing on the space provided below for this purpose and this
shall constitute the Document of our Agreement.
I HEREBY CERTIFY that I have read and have fully understood the foregoing terms and
conditions of my employment with the Agency and that I accept the same completely.
EMPLOYEE
AGREEMENT
_____________, a domestic corporation duly organized and existing under and by virtue of
the laws of the Republic of the Philippines, with principal office at _____________, and
represented in this act by its __Position__, __Name of Officer__, (hereinafter referred to as
the "COMPANY");
- and -
W I T N E S S E T H: That -
1. The Business Development Officer shall make available his services, knowledge, training and skill to
COMPANY and agree to undertake the Scope of Services to wit:
c) To devise ways and means to ensure the profitability of the said ventures, projects,
productions or investments;
e) To make himself available to go on business trips to other cities, provinces or areas where
COMPANY has existing or prospective projects and to accept any assignment to another
location, if and when so requested by the President as may be dictated by business
exigencies.
f) To perform such other functions or tasks as may be assigned to him by the President.
2. The Business Development Officer understands and agrees that all records and documents of COMPANY
and all information, data, procedures or processes pertaining to the business or affairs of COMPANY or
that of its clients are absolutely confidential and he shall not disclose or divulge any such information or
data to any person or entity without the prior clearance of the President, even after the termination of
this Agreement. Breach of this confidentiality shall render the Business Development Officer liable for
criminal and civil liabilities under the applicable laws and shall be a cause for the immediate termination
of this Agreement;
3. For and in consideration of the Services to be rendered, COMPANY shall pay the Business
Development Officer a gross monthly remuneration of __________________________
(P__________) payable every 15th and 30th day of each month;
4. The Business Development Officer shall not engage in or have any share or ownership in a business
or occupation which may render himself a competitor of the COMPANY nor act or enter into any
transaction which may, in any manner compete or help any person to compete with COMPANY or
with any of its businesses;
5. The Business Development Officer shall not use his position for your own personal benefit;
6. In case the Business Development Officer intends to resign from COMPANY, he is required to submit
a thirty (30) day written notice prior to the effectivity of such resignation, otherwise, failure on his
part to do so will render him liable for damages. However, it is within the sole discretion of the
Company whether or not to accept such resignation earlier than the expiration of said period.
7. This Agreement shall be effective for a fixed period from _____________ to _____________.
IN WITNESS WHEREOF, the parties have hereunto set their hands this _____________ at
_____________, Philippines.
Officer
By: General Manager __________________
__________________ __________________
(ACKNOWLEDGMENT)
1. That by these presents, I hereby state that I have voluntarily resigned as __Position
Held__ of __Employer__;
4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in
bar to any suit or proceeding (Civil, SSS, PhilHealth, Medicare, Labor, etc.) to which
either I, or my heirs and assigns, may have against my employer in connection with my
employment with the latter and that the payment which I have received as provided
herein should not in any way be construed as an admission of liability on the part of
my employer and is voluntarily accepted by me and will, if need be, serve as full and
final settlement of any amount(s) due me or any claims or cause of action, either past,
present, future, which I may have in connection with my employment with my
employer;
5. As such, I finally make manifest that I have no further claim(s) or cause of action
against my employer nor against any person(s) connected with the administration and
operation of the latter and forever release the latter from any and all liability.
AFFIANT
(JURAT)
(Acknowledgment of Debt)
That I hereby promise and undertake to pay the said indebtedness unto the said
_____________ within a period of _____________ (_____) (months/years/days) from today, in
the amount of _____________ (P_____________) (monthly/daily) every _____________ with
interest at the rate of _____________ (_____%) per centum per (month/annum) until fully paid.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in
_____________, Philippines.
AFFIANT
__________________ __________________
(ACKNOWLEDGMENT)
PROMISSORY NOTE
P_____________
FOR VALUE RECEIVED, I/We jointly and severally promise to pay without need of
demand to the order of __Name of Payee__, at its office at _____________, Philippines, the sum
of PESOS: __________________________ (P_____________), payable in installment for a
period of _____________ months at the rate of __________________________
(P_____________) per _____________, starting on _____________ until fully and completely
paid.
Time is declared of the essence hereof and in case of default in the payment of any
installment due, all the other instalments shall automatically become due and demandable together
with all interest that may have accrued and shall make me liable for the additional sum equivalent
to _____________ (____%) percent per month based on the total amount due and demandable as
PENALTY, compounded monthly until fully paid; and in case it becomes necessary to collect this
note through any Attorney-at-Law, the further sum of _____________ (____%) percent thereof as
and for ATTORNEY'S FEES, which shall not be less than P_____________ in any event,
exclusive of costs and judicial/extra-judicial expenses; Moreover, I further empower the holder or
any of his authorized representative(s), at his option, to hold as security therefore any real or
personal property which may be in my possession or control by virtue of any other contract.
All actions arising from or connected with this note shall be brought exclusively in the
proper courts of Bacolod City, Philippines; and in case of judicial execution of this obligation or
any part of it, the debtor waives all rights under the provisions of Rule 39 Sec. 13, of the Rules of
the Court.
MAKER
__________________ __________________
PROMISSORY NOTE
P_____________
FOR VALUE RECEIVED, I, we, either, or any of us, jointly and severally, promise to
pay __Name of Payee__ or Order the principal sum of __________________________
(_____________), Philippine Currency, without need of demand on or before _____________.
(OR within a period of _____________ (_____) (days/weeks/months/years), payable in equal
(daily/weekly/monthly/yearly) installment of __________________________ (P_____________)
each.
MAKER CO-MAKER
(Promissory Note - Simple Form)
PROMISSORY NOTE
P_____________
FOR VALUE RECEIVED, I promise to pay without need of demand to the order of __Payee__, at
his office at _____________, the principal amount of PESOS: __________________________
(P_____________), on or before _____________.
MAKER
PROMISSORY NOTE
P_____________
FOR VALUE RECEIVED, I promise to pay without need of demand to the order of __Payee__, at
his office at _____________, the principal amount of PESOS: __________________________
(P_____________), on or before _____________. In addition to the foregoing, I promise to pay monthly
interest at the rate of _____________ (_______%) percent, without need of demand, starting from the
month of _____________ until this note is fully paid.
(Promissory Note - Simple Form with Interest, Penalty, and Attorney's Fee)
PROMISSORY NOTE
P_____________
FOR VALUE RECEIVED, I promise to pay without need of demand to the order of __Payee__, at
his office at _____________, the principal amount of PESOS: __________________________
(P_____________), on or before _____________. In addition to the foregoing, I promise to pay monthly
interest at the rate of _____________ (_______%) percent, without need of demand, starting from the
month of _____________ until this note is fully paid.
In case of default in the payment of this note plus interest when it becomes due and demandable,
I agree to pay an additional amount equivalent to _____________ (_______%) percent per month based
on the total amount due and demandable as penalty, compounded monthly until fully paid; and in case it
becomes necessary to collect this note through any Attorney-at-Law, the further sum of _____________
(_______%) percent thereof as and for attorney's fees, exclusive of costs and judicial/extra-judicial
expenses.
MAKER
- and -
WITNESSETH:
WHEREAS, the DONOR is the true and registered owner of a certain parcel of land, more
particularly described as follows:
NOW THEREFORE, for and in consideration of the love and affection the DONOR has
for the DONEE, the DONOR does hereby TRANSFER, GIVE and CONVEY unto the DONEE,
(his/her) heirs, assigns and successors-in-interest, the above-described parcel of land, to take effect
upon the DONOR'S demise, subject to the following conditions:
1. That should _____________, the spouse of the DONOR, survive (him/her), the
usufructuary rights over the above-described parcel of land shall pertain to her during her
lifetime;
2. That the DONEE shall not dispose of, or in any manner, encumber, the properties herein
donated during the lifetime of the said usufructuary;
3. That the DONEE hereby accepts and receives this donation made in (his/her) favor by the
DONOR, and hereby manifests (his/her) gratefulness for the latter's generosity and
liberality;
4. That further, the DONOR hereby reserves unto himself the right to possess and sell the
above-described property, as true owner thereof, before his death, without need of prior
consent or approval by the DONEE.
DONOR DONEE
ATTESTATION CLAUSE
WE, the undersigned witnesses hereby attest and certify: That the foregoing DONATION
MORTIS CAUSA was executed by _____________ and consist of _____________ (_____)
pages, including this page where the Attestation of Witness and the acknowledgment before the
Notary Public appears; That this was signed by the DONOR and the DONEE in our presence, and
we at their request, have signed these presents on the last page hereof, and on the left-hand margin
of each and every page, in their presence, and in front of each and everyone of us.
WITNESS ADDRESS
1. _____________________ ____________________________________
2. _____________________ ____________________________________
3. _____________________ ____________________________________
ACKNOWLEDGMENT
all known to me and to me known to be the same persons who executed the foregoing DEED OF
DONATION MORTIS CAUSA which they acknowledged to me to be their free and voluntary act
and deed, consisting of only ______ (____) page/s, including this page in which this
acknowledgment is written, duly signed by the Donor, the Donee and their three (3) instrumental
witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.
NOTARY PUBLIC
DEED OF DONATION
- and -
WITNESSETH:
WHEREAS, the DONOR is the registered owner of a certain condominium unit, more
particularly described as follows:
WHEREAS, the DONEE desires to donate the above-described condominium unit to her
_____________, and the latter is ready, willing and able to accept the same;
NOW, THEREFORE, for and in consideration of the love and affection which the
DONEE inspires in the DONOR, and as an act of gratitude, pure liberality and generosity on her
part, the DONOR hereby voluntarily and freely GIVES, TRANSFERS, and CONVEYS by way
of DONATION, unto the DONEE, (his/her) heirs, assigns, and successors-in-interest, the above-
described condominium unit, together with all the improvements found thereon, free from all liens,
encumbrances and charges of whatever kind;
That the DONOR affirms that this donation is not made with intent to defraud (his/her)
creditors, and that (he/she) has sufficient funds and property reserved for herself and her
obligations;
That the DONEE hereby accepts and receives this donation made in (his/her) favor by the
DONOR, and hereby manifests (his/her) gratefulness for the latter's generosity and liberality.
IN WITNESS WHEREOF, both parties have hereunder subscribed their names this
_____________ at _____________, Philippines.
DONOR DONEE
__________________ __________________
(ACKNOWLEDGMENT)
DEED OF DONATION
- and -
WITNESSETH:
WHEREAS, the DONOR is the true and registered owner of certain playground
equipment, listed and described in Annex "A" and attached hereto and made an integral part hereof;
WHEREAS, the DONOR recognizes and supports the noble task of the DONEE in
promoting the welfare and well-rounded development of the children of the City;
WHEREAS, the DONOR desires to assist the DONEE and give further impetus to its
numerous child welfare programs;
NOW, THEREFORE, for and in consideration of the foregoing premises and due to the
magnanimity of the DONOR, the latter hereby TRANSFERS and CONVEYS unto the DONEE,
by way of DONATION, the playground equipment listed in Annex "A" hereof subject to the
conditions that the DONEE shall, at its own expense, maintain the donated playground equipment
and its immediate surroundings in a clean and safe condition, re-paint the said equipment on a
regular basis to prevent corrosion and make all the necessary maintenance and repair at all times
to ensure that the playground equipment remain clean and safe for use by the children. In addition,
the DONEE shall install and maintain on the premises signs acknowledging the donation by the
DONOR of the playground equipment.
In the event that the conditions of the donation, as contained herein, are not complied with
by the DONEE within thirty (30) days after the latter's failure to comply with the same is brought
to its attention, this donation shall be automatically revoked and rendered ineffective and the
DONOR shall regain ownership over the playground equipment and shall have the right to recover
possession of the same.
The DONEE hereby accepts the donation of the playground equipment as listed in Annex
"A", together with the conditions herein imposed, and hereby expresses its gratitude and
appreciation for the support, kindness and liberality of the DONOR.
DONOR DONEE
__________________ __________________
(ACKNOWLEDGMENT)
(Deed of Revocation of Donation)
That, I, _____________, Filipino, of legal age, (single / married / widow), and a resident of
_____________, Philippines, by virtue of a certain public instrument made and executed on
_____________ at _____________, Philippines, and entered on the Notarial Register of Notary Public
_____________ as Doc. No. ______, Page No. ______, Book No. ______, Series of ______, did voluntarily
and freely give, by way of DONATION, unto _____________, who is also of legal age, Filipino, (single /
married / widow), and a resident of _____________, Philippines (hereinafter referred to as the "DONEE"),
a certain parcel of land more particularly described as follows:
WHEREAS, the DONEE undertook to render support to the undersigned DONOR such that the
undersigned then willingly and voluntarily donated the aforementioned parcel of land to the DONEE.
WHEREAS, in an act of ingratitude, the DONEE has refused to, still refuses and continues to refuse
to give support to the DONOR.
NOW, THEREFORE, I, _____________, by virtue of Article 765 of the New Civil Code, do hereby
REVOKE, AVOID, and CANCEL the above-mentioned donation, and demand from said DONEE,
_____________, the immediate reconveyance of title of the above-described property in the name of the
undersigned and turn-over of possession thereof from the date hereof.
__________________ __________________
(ACKNOWLEDGMENT)
AFFIDAVIT
1. That I am the only child and sole heir of _____________ who died intestate on
_____________ at _____________;
2. That said deceased left a certain parcel of land covered by Transfer Certificate of Title
No. _____________ and more particularly described as follows:
3. That said deceased left no debts, nor any Last Will and Testament;
4. That pursuant to Sec. 1 of Rule 74 of the Revised Rules of Court of the Philippines, I
hereby adjudicate unto myself the above-described parcel of land, and the
improvements found and standing thereon, and I hereby request the Register of Deeds
to issue a new Transfer Certificate of Title in my name;
5. That the above-described parcel of land does not come under the operation of the
Comprehensive Agrarian Reform Program.
AFFIANT
(JURAT)
(Declaration of Heirship with SPA to Negotiate the Voluntarily Offer-to-Sell (V.O.S.) of the
Landholding under CARP)
That we, _____________, _____________, and _____________, all of legal age, Filipinos
and residents of _____________, Philippines hereby declare as follows:
1. That we are all legitimate children and the only compulsory heirs of the late
_____________ who died INTESTATE on _____________ at _____________,
Philippines.
2. That the late _____________ is the registered owner of a certain parcel of land situated in
_____________, Philippines, more particularly described as follows:
4. In addition, by these presents and for the reason that the above-described parcel of land
with an area of __________________________ (______) hectares has been offered for
sale to the Government under its Comprehensive Agrarian Reform Program, (otherwise
known as Republic Act No. 6657), we, _____________, _____________, and
_____________ all surnamed _____________, have named, constituted and appointed and
by these presents, do hereby name, constitute and appoint __Attorney-in-Fact__ to be our
own, true and lawful ATTORNEY-IN-FACT, for us and in our name, place and stead to
do and perform the following acts and things:
a. To represent us and act in our behalf in the negotiation with the Department of Agrarian
Reform, the Land Bank of the Philippines and all other government agencies, of the
VOLUNTARY OFFER TO SELL (V.O.S.), as contemplated in the said program and
for him to execute, sign, seal and deliver all pertinent documents or papers required or
necessary for the attainment of the purpose;
b. That she shall have full power and authority to act for and in our behalf, and to bind us
on any action or undertaking she may pursue, or agreements she may conclude, and for
her to consummate the transfer and conveyance of the property, for and in our name,
to include, but not limited to, the process of determining what is just compensation and
for her to accept the valuation which she believes is beneficial and advantageous to us;
c. HEREBY GIVING AND GRANTING unto said Attorney-in-Fact full power and
authority to do and perform whatsoever act or things which may be required or
necessary to be done in and about the premises as fully to all intents and purposes as
we might or could lawfully do if personally present and hereby RATIFYING and
CONFORMING all that our attorney-in-fact shall lawfully do or cause to be done under
and by virtue of these presents.
(SIGNATURE OF HEIRS)
(ACKNOWLEDGMENT)
DECLARATION OF HEIRSHIP
WITH SPECIAL POWER OF ATTORNEY
That we, _____________, widow; _____________ and _____________, all of legal age,
Filipinos, and residents of _____________, Philippines, hereby declare:
1. That _____________ (our father) and _____________ (our mother) were legally married
and begot by reason of said union, _____________ and _____________, both of whom
are legitimate children;
3. During his lifetime, the spouses, the late _____________ and our mother _____________,
acquired a certain parcel of land described as follows:
4. That pursuant to the provisions of Section 1 of Rule 74 of the Revised Rules of Court of
the Philippines and by virtue of our laws on INTESTATE SUCCESSION, we, the
surviving spouse _____________, and the children, namely, _____________ and
_____________, do hereby adjudicate unto ourselves OWNERSHIP, TITLE and
INTERESTS over said parcels of land, excluding any other person or persons not herein
mentioned.
6. That she shall have full power and authority to act for and in our behalf, and to bind us on
any action or undertaking she may pursue, or agreements she may conclude, and for her to
consummate the transfer and conveyance of the property and execute the requisite
documents and/or instruments conveying such property as may be required, for and in our
name;
7. HEREBY GIVING AND GRANTING unto said Attorney-in-Fact full power and authority
to do and perform all and every act or things requisite or necessary which may be required
or necessary to be done in and about the premises to carry into effect the foregoing authority
to sell, as fully to all intents and purposes as we might or could lawfully do if personally
present and hereby RATIFYING and CONFORMING all that our attorney-in-fact shall
lawfully do or cause to be done under and by virtue of these presents.
(SIGNATURE OF HEIRS)
__________________ __________________
(ACKNOWLEDGMENT)
1. That we are the legitimate children and sole heirs of the deceased _____________ who
died on _____________ at _____________;
2. That said deceased died intestate, without any Last Will or Testament, and without any
outstanding debts or accounts;
3. That the deceased left a certain parcel of land covered by Transfer Certificate of Title No.
_____________ and more particularly described as follows:
4. That the above-described parcel of land is not tenanted and does not come within the
operation of the Comprehensive Agrarian Reform Program;
5. That pursuant to Section 1 of Rule 74 of the Revised Rules of Court of the Philippines, and
both being with full capacity to contract, we do hereby adjudicate unto ourselves the land
described above, in equal shares pro indiviso;
HEIR/SELLER HEIR/SELLER
__________________ __________________
(ACKNOWLEDGMENT)
(Declaration of Heirship / Extra-Judicial Settlement of Estate with Waiver of Share)
1. That the above-named parties are the widow and legitimate children and the sole and
compulsory heirs of the deceased _____________ who died on _____________ at
_____________;
2. That the decedent died intestate, without leaving any Last Will or Testament and without
leaving any debts or accounts whatsoever;
3. That the decedent left the following parcel of land which is conjugal and owned in common
with his wife, the herein _____________;
4. That pursuant to Section 1, Rule 74 of the Revised Rules of Court of the Philippines, and
the parties herein being all of age and full civil capacity, they have agreed to divide as they
do hereby divide and adjudicate, the real properties, above-described as follows:
_________________________;
5. That we hereby affirm that we have executed the this instrument out of our own free will
without force, intimidation or violence upon our person, and that we have hereby received
our just and proper share and have no more claim or demand against each other in
connection with the adjudication of the above-described parcel of land;
6. That I _____________, for my part and for and in consideration of the sum of
_____________ (P_____________), Philippine Currency, to me in hand paid by my herein
above-named children to wit, _____________, _____________ and _____________, I do
hereby SELL, TRANSFER and CONVEY unto my said children all my rights, interest
and participation in the above described parcel of land, do hereby WAIVE all my rights,
interest and participation in the above-described parcel of land, in favor of all my above-
named children, share and share alike, pro indiviso.
CHILD CHILD
__________________ __________________
(ACKNOWLEDGMENT)
1. That should I finally rest in eternal peace, it is my wish and desire that internment, vigil
and burial be made in accordance with the customs and traditions of the _____________
Church;
3. That should the Lord Almighty finally summon this soul from its earthly abode, it is my
wish and desire to bequeath, grant and devise my properties above-mentioned, as follows:
4. That should Divine Providence will it that I die ahead of my beloved (wife/husband), I
hereby proclaim as my wish and desire which my heirs, devisees and legatees should
respect, that the provisions of the foregoing Paragraph 3, Sub-Paragraphs b, c, and d be
rendered temporarily without force and effect, and my surviving (wife/husband) shall have
full use and enjoyment of all the above-listed properties; and only upon (his/her) demise
shall the provisions of Paragraph 3, Sub-Paragraphs b, c, and d come into effect;
5. That for the purpose of rendering this Last Will and Testament effective thru the proper
proceeding in Court, I hereby name and constitute _____________ as Executor and
Administrator of this Last Will and Testament, and that in his incapacity, I hereby name
_____________ as his substitute;
6. That the Executor and Administrator I hereby nominate shall be excused from posting any
bond;
7. That I hereby revoke, set aside, and annul any other will or testamentary disposition I have
made, signed, or proclaimed.
TESTATOR
ATTESTATION CLAUSE
WE, the undersigned witnesses, do hereby affirm that the foregoing is the Last Will and
'Testament of _____________ and we hereby certify: That (he/she) executed the same while of
sound and disposing mind and memory; That he signed the same in our presence, at the bottom of
the last page and on the left hand margin of each and every page, and we, at his behest, have signed
hereunder and on the left hand margin of each and every page, in (his/her) presence, in the presence
of the Notary Public, and in the presence of each and every one of us this _____________ at
_____________, Philippines.
WITNESS ADDRESS
1. _____________________ ____________________________________
2. _____________________ ____________________________________
3. _____________________ ____________________________________
ACKNOWLEDGMENT
known to me and to me known to be the same person who executed the foregoing Last Will and
Testament, which he acknowledged to me to be (his/her) own free and voluntary act and deed and
which (he/she) executed and signed in the presence of the three (3) above-named attesting
witnesses, who all signed their names as proof of their attestation on this page before the Testator
_____________ and in the presence of each and everyone of them, and they acknowledged the
same to be their free and voluntary act and deed.
This Last Will and Testament consists of _____________.(______) pages, including the
page on which the ratification and acknowledgment are written.
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;
My Attorney-in-Fact shall have full powers and authority to do and undertake all acts on
my behalf that I could do personally including but not limited to:
1) the right to sell, deed, buy, trade, lease, mortgage, assign, rent or dispose of any of, my
future real or personal property;
2) the right to execute, accept, undertake, and perform all contracts in my name;
3) the right to deposit, endorse, or withdraw funds to or from any of my bank accounts,
depositories or safe deposit box;
6) the right to vote (in person or by proxy) any shares or beneficial interest in any entity;
and
7) the right to retain any accountant, attorney, physician or other advisor deemed
necessary to protect my interests generally or relative to any foregoing unlimited
power.
My Attorney-in-Fact hereby accepts this appointment subject to its terms and agrees to act
and perform in said fiduciary capacity consistent with my best interests as in my attorney's best
discretion deems advisable, and I affirm and ratify all acts undertaken.
This Power of Attorney may be revoked by me at any time, and shall automatically be
revoked upon my death, provided any person relying on this power of attorney before or after my
death shall have full rights to accept the authority of my Attorney-in-Fact until in receipt of actual
notice of revocation.
IN WITNESS WHEREOF, I have hereunto set my hand, this _____________ at
_____________, Philippines.
PRINCIPAL
Accepted by:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
That I do hereby REVOKE, ANNUL, and RECALL the said power of attorney, and do
hereby revoke, recall, and annul all powers and authorities thereby given to the said __Attorney-
in-Fact__ together with any and all concomitant rights, powers and privileges given to him.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at
_____________, Philippines.
PRINCIPAL
__________________ __________________
(ACKNOWLEDGMENT)
1. To exercise general control and supervision over a certain parcel of land situated in
_____________, Philippines, of which I am the true and registered owner, more particularly
described as follows:
3. In general to do all other acts, deeds, matters, and things whatsoever relating to my interests over
the afore-described property, as fully and effectual to all intents and purposes as I could lawfully
do in my own proper person if personally present
4. Giving and granting unto my said Attorney-in-Fact full power and authority to do and perform all
and every act requisite or necessary to carry into effect the foregoing authorities, as fully to all
intents and purposes as I might or could lawfully do if personally present, with full power of
substitution and revocation, and hereby ratifying and confirming all that my said attorney or
(his/her) substitutes shall lawfully do or cause to be done by virtue hereof;
PRINCIPAL
ACCEPTED BY:
ATTORNEY-IN-FACT
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority to do
and perform all and every act requisite or necessary to carry into effect the foregoing authority to sell, as
fully to all intents and purposes as I might or could lawfully do if personally present, with full power of
substitution and revocation, and hereby ratifying and confirming all that any of my said attorney-in-fact
or his substitutes shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,
Philippines.
PRINCIPAL
ACCEPTED BY:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
1. To exercise general control and supervision over a certain parcel of land situated in
_____________, Philippines, of which I am the true and registered owner, more particularly
described as follows:
2. To make, sign, seal, execute and deliver contracts, documents, agreements and other writings of
whatever nature or kind concerning my interest and title over the afore-described real property,
including but not limited to sales, transfers, mortgages or exchange for shares of stocks with any
and all third persons, concerns, or entities upon such terms and conditions acceptable to my said
Attorney-in-Fact and to accept in my behalf any money, proceeds or payment resulting therefrom;
3. In general to do all other acts, deeds, matters, and things whatsoever relating to my interests over
the afore-described property, as fully and effectual to all intents and purposes as I could lawfully
do in my own proper person if personally present
4. Giving and granting unto my said Attorney-in-Fact full power and authority to do and perform all
and every act requisite or necessary to carry into effect the foregoing authorities, as fully to all
intents and purposes as I might or could lawfully do if personally present, with full power of
substitution and revocation, and hereby ratifying and confirming all that my said attorney or
(his/her) substitutes shall lawfully do or cause to be done by virtue hereof.
ACCEPTED BY:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
I, __Principal__, of legal age, Filipino, (single / married / widow), and a resident of Bacolod City,
do hereby appoint, name and constitute __Attorney-in-Fact__, also of legal age, Filipino, (single / married
/ widow), and a resident of _____________, to be my true and lawful Attorney-in-Fact, and for that
purpose, in my name and in my behalf, to do and perform all or any of the following acts, deeds, and
things, to wit:
1. To make, sign, seal, execute and deliver contracts, documents, agreements and other writings
of whatever nature or kind in relation to MORTGAGE with any and all third persons, concerns,
or entities, and upon such terms and conditions acceptable to my said Attorney-in-Fact, and
to accept in my behalf any money, proceeds or payment resulting therefrom, of a certain
parcel of land located in _____________, Philippines, of which I am the true and registered
owner, more particularly described as follows:
2. HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority to
do and perform all and every act requisite or necessary to carry into effect the foregoing
authority to mortgage, as fully to all intents and purposes as I might or could lawfully do if
personally present, with full power of substitution and revocation, and hereby ratifying and
confirming all that any of my said attorney-in-fact or his substitutes shall lawfully do or cause
to be done by virtue hereof.
PRINCIPAL
Accepted by:
ATTORNEY-IN-FACT
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
That I, __Principal__, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, do hereby appoint, name, and constitute __Attorney-in-Fact__, also of legal
age, Filipino, (single / married / widow), and a resident of _____________, Philippines, to be my true and
lawful Attorney-in-fact, for me and in my name and stead, for my use and benefit, to do and perform all
or any of the following acts, deeds, and things, to wit:
1. To conduct the necessary negotiations, with the concerned office/s of the Land Bank of the
Philippines for the transfer to the farmer-beneficiaries and payment/s settlement due me of my
share in an agricultural land covered by Transfer Certificates of Title No. _____________ of the
Register of Deeds of the _____________ in accordance with the provision of Presidential Decree
No. 27, Executive Order No. 229 and Republic Act No. 6657;
2. To collect and receive any or all of the following in accordance with the existing laws, policies,
rules and regulations of the Land Bank:
2.1. Settlement / compensation in cash and/or in bonds or other securities due me under
Claim No. _____________ involving the above-mentioned real property;
2.4. Land Bank issued or hereinafter will be issued in my name as a result of approved
request for bond transfer assignment, conversion, or exchange;
2.5. Land Bank bonds issued or hereinafter will be issued in my name as a result of
approved request for replacement of lost, destroyed, mutilated or defaced Land Bank
bonds;
2.6. Land Bank interim bonds reissued or hereinafter will be reissued as Land Bank 10-
year bonds;
2.7. Land Bank 10-year bonds issued or hereinafter will be as replacement for Land Bank
interim bonds;
2.8. Any and all checks issued or hereinafter will be issued by the Land Bank of the
Philippines in my name;
3. To make, execute and sign any and all papers, writings or documents such as but not limited to
DAWU, DOT, undertakings or warranties required or necessary in the processing, perfection, or
consummation of any or all of the above transactions / activities, including the authority to
assign/ endorse any and all Land Bank bonds in my name for the purpose of bond redemption;
4. To sell, assign, dispose, transfer or endorse any and all Land Bank bonds in my name for such
price or prices and under such terms and conditions as my Attorney-in-Fact may deem proper
and to execute, sign and deliver such instruments, conveyances or contacts as may be necessary
therefor;
5. To secure emergency loan from Land Bank and use the sale proceeds for my bonds in the Board
Trading Board to settle these obligations;
6. To receive payments, either in cash, check or any other form of payment, from the buyer
thereof;
7. To encash, sign and endorse any and all checks by the Land Bank in my favor as settlement /
compensation and/or by virtue of a bond transaction, and to acknowledge to have received the
cash equivalent of the said checks;
8. To deliver to me for my disposition any and all checks/cash and /or Land Bank bonds claimed,
collected or received by my Attorney-in-Fact from the Land Bank of the Philippines by reason of
any or all the above transaction/activities, unless otherwise authorized by me;
GIVING AND GRANTING unto my Attorney-in-Fact full power and authority to do and perform all
and every act requisite and necessary to carry into effect the foregoing authority as fully to all intents and
purposes as we might or could lawfully do if personally present, with full power of substitution and
revocation, and hereby confirming and ratifying all that my said Attorney-in-Fact shall lawfully do or cause
to be done under the premises.
It is understood that this Special Power of Attorney shall remain valid and effective until
LandBank shall been notified in writing by me or its revocation/ cancellation/amendments/modification
and that the LandBank shall be free from any liability that may have risen from the above delegated acts
and things done and performed by my Attorney-in-fact prior to its receipt of the notice of revocation/
cancellation/amendments/modification hereof as we shall assume full and unconditional responsibility
thereof.
It is further understood that this Special Power of Attorney will be used for transactions with the
LANDOWNERS' COMPENSATION DEPARTMENTS I & II, BOND SERVICING DEPARTMENT and
LANDOWNERS ASSISTANCE DEPARTMENT of the LAND BANK only and we are submitting myself to all
rules and regulations Land Bank has or may issue for the purpose of regulating the conduct of my
Attorney-in-Fact.
ACCEPTED BY:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
1. To personally represent me before the DAR and LBP and to follow up the status of my
said VOS claim; and
2. To make, sign, execute and submit to the DAR and/or LBP all such communications or
correspondence as may be necessary to facilitate the processing and approval of my VOS
claim and, once approved, to convey my acceptance or rejection of the valuation amount
as recommended by the LBP;
HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority to do and
perform every act and thing of whatever requisite and necessary to be done in and about the premises,
and hereby ratifying and confirming all that my said Attorney-in-Fact shall do or cause to be done under
and virtue of these presents.
PRINCIPAL
ACCEPTED BY:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
I, __Principal__, of legal age, Filipino, (single / married / widow), and a resident of Bacolod City,
do hereby appoint, name and constitute __Attorney-in-Fact__, also of legal age, Filipino, (single / married
/ widow), and a resident of _____________, to be my true and lawful Attorney-in-Fact for me and in my
name, place and stead to SELL, TRANSFER, and CONVEY, under such terms and conditions and for such
price as (he/she) may deem fit, and to whomsoever may buy or purchase a certain real property of which
I am the true and registered owner, which is more particularly described as follows, to wit:
(Technical Description of Property)
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority to do
and perform all and every act requisite or necessary to carry into effect the foregoing authority to sell, as
fully to all intents and purposes as I might or could lawfully do if personally present, with full power of
substitution and revocation, and hereby ratifying and confirming all that any of my said attorney-in-fact
or his substitutes shall lawfully do or cause to be done by virtue hereof.
PRINCIPAL
Accepted by:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
I, __Principal__, of legal age, Filipino, (single / married / widow), and a resident of Bacolod City,
do hereby appoint, name and constitute __Attorney-in-Fact__, also of legal age, Filipino, (single / married
/ widow), and a resident of _____________, Philippines, to be my true and lawful Attorney-in-Fact for me
and in my name, place and stead to SELL, TRANSFER, and CONVEY, under such terms and conditions and
for such price as (he/she) may deem fit, and to whomsoever may buy or purchase a certain motor vehicle
of which I am the true and registered owner, more particularly described as follows, to wit:
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority to do
and perform all and every act requisite or necessary to carry into effect the foregoing authority to sell, as
fully to all intents and purposes as I might or could lawfully do if personally present, with full power of
substitution and revocation, and hereby ratifying and confirming all that any of my said attorney-in-fact
or his substitutes shall lawfully do or cause to be done by virtue hereof.
PRINCIPAL
Accepted by:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
City/Municipality of _____________ )
x-----------------------x
2. That as a Corporate Secretary of the said corporation, I called for the annual stockholders'
meeting and board of directors' meeting on _____________ in accordance with the By-Laws
of the corporation, but because of lack of quorum due to the absence of some stockholders
and directors, the meeting was not held;
3. That since there was no quorum, it was decided after a consensus was taken from the
stockholders present that the annual meeting of the stockholders and the organizational
meeting of the board of directors for the year ________ be moved or, transferred to
_____________;
4. That I am executing this affidavit to attest to the fact that no meeting of the stockholders and
directors was held on _____________ and for submission to the Securities and Exchange
Commission as required.
CORPORATE SECRETARY
(JURAT)
(Affidavit of Non-Operation)
REPUBLIC OF THE PHILIPPINES)
Province of ____________________) S.S.
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF NON-OPERATION
1 That after its incorporation in _____________, the aforesaid corporation has not yet
started its operation nor commenced the transaction of its business until the present
date.
CORPORATE SECRETARY
(JURAT)
PROXY
That I, _____________, Filipino, of legal age, (single / married / widow), and a resident of
_____________, Philippines, do hereby constitute and appoint __Name of Proxy__, who is also of
legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines, to
represent me and vote the __________________________ (_________) shares of the capital stock
appearing in my name at the Annual Stockholders Meeting of __Name of Corporation__, INC. to
be held on _____________.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at the City
of _____________, Philippines.
STOCKHOLDER
Accepted by:
PROXY
__________________ __________________
(ACKNOWLEDGMENT)
ARTICLES OF INCORPORATION
OF
CORPORATION
That we, all of whom are of legal age and residents of the Philippines, Filipinos, have on this day,
voluntarily associated ourselves together for the purpose of forming a stock corporation under the laws
of the Republic of the Philippines:
SECOND: That the specific purposes for which said Corporation is formed are:
The purposes for which the corporation is organized is to engage in general financing business by
extending credit facilities to consumers and to industrial, commercial, or agricultural enterprises, either
by direct lending or by discounting, re-discounting or factoring commercial papers or accounts receivable,
or by buying and selling contracts, leases, chattel mortgages, or other evidences of indebtedness, or by
financial leasing of movable as well as immovable property, particularly as follows:
1. To undertake the acquisition and rental of all kinds of real and personal properties, and any and all
kinds of accounts receivables, notes receivables, general agency, negotiable instruments, letters of
credit, acceptances, drafts, bills of exchange and other evidences of indebtedness owned by any
person, partnership, corporation or association under such terms and conditions as the corporation
may deem fit, and to own, sell, rediscount, mortgage, assign or otherwise dispose of such properties,
real or personal, accounts receivables, notes receivables, general agency, negotiable instruments,
letters of credit, acceptances, drafts, bills of exchange, and other evidences of indebtedness.
2. To undertake the business of a commercial credit agency by the gathering, accumulation and
evaluation and consolidation of credit, financial and other allied information and disseminating such
information to clients or subscribers for a monetary fee.
3. To receive, purchase, own, sell, hold, assign, deposit, create trust with respect to, exchange, pledge,
mortgage or otherwise dispose of, and generally deal in and with all or any of the following: all kinds
of shares, stocks, voting trust certificates, bonds, mortgages, debentures, trusts receipts, notes, bills
of exchange and other certificates, obligations, contracts, choses in action and evidences of
indebtedness of any other corporation, partnership or association, persons or governmental,
municipal or public authority, domestic or foreign, and to acquire, purchase, sell or otherwise dispose
of its own shares of capital stock or any securities or other obligations of the corporation.
4. To extend credit facilities for home, building, and for agricultural, commercial and industrial
development.
5. To act or serve as the credit and collection agency of individuals, firms or corporations.
6. To purchase, acquire, and take over all or any part of the rights, assets, business and property of any
person, partnership, corporation or association, and to undertake and assume the liabilities and
obligations of such persons, partnership, corporation or association whose rights, assets, business or
property may be purchased, acquired or taken over.
7. To undertake, subject to such terms and conditions as the corporations may deem fit, the
management and financing of the operation of the business, industry or enterprise of any person,
partnership, corporation or association.
THIRD: That the place where the principal office of the corporation is to be established or located
is at _____________, Philippines.
FOURTH: That the term for which the Corporation is to exist is _____________ (________) years
from and after the date of issuance of the Certificate of Incorporation.
FIFTH: That the names, nationalities and residences of the incorporators are as follows:
SIXTH: That the number of directors of the Corporation shall be five (5) and that the names,
nationalities and residence of the Directors of said Corporation who shall act as such until their successors
are elected and have qualified as provided for in the by-laws are as follows:
EIGHT: That the authorized capital stock of the corporation has been fully subscribed representing
the sum of _____________ MILLION (P________,000,000.00) PESOS, Philippine Currency, and at least
twenty (25%) per cent of the total subscription has been paid as follows:
NINTH: That _____________ has been elected by the subscribers as Treasurer of the corporation
to act as such until his/her successor is duly elected and qualified in accordance with the by-laws; and that
as such Treasurer, (he/she) has been authorized to receive for and in the name and for the benefit of the
corporation, all subscriptions paid by the subscribers.
TENTH: That no transfer of stocks or interest therein which will reduce the ownership of Filipino
citizens to less than the percentage of the capital stock required by law shall be allowed or permitted to
be recorded in the Corporate Books and this restriction shall be indicated in the stock certificates issued
by the corporation. That in addition, any stockholder or his heirs desiring to dispose of his shares must
give the FIRST OPTION to this corporation to purchase the same at their net book value based upon the
latest audited financial statements of this corporation. The FIRST OPTION shall be valid and exclusive for
a period of THIRTY (30) days from receipt by the corporation of the formal written offer to sell from the
shareholder. Upon the expiration of such THIRTY (30) days, if the corporation has not exercised its FIRST
OPTION totally or partially, then the shareholder shall give the SECOND OPTION to fellow shareholders at
the same price and conditions as offered to the corporation. This SECOND OPTION shall be valid and
exclusive for a period of THIRTY (30) days from receipt by fellow shareholders of the notice of the
expiration of the FIRST OPTION together with the formal written offer to sell from the vendor-shareholder.
Should more than one fellow shareholder desire to exercise this SECOND OPTION, the number of shares
for sale shall be apportioned to them in proportion to their existing shareholdings. Upon the expiration
of the SECOND OPTION and the second thirty-day period, if none of the shareholders have exercised their
SECOND OPTION totally or partially, then the vendor-shareholder shall be free to sell the shares to third
persons at a price not lower and under terms and conditions not more favorable than that offered in the
FIRST and SECOND OPTIONS. Any sale or transfer, directly or indirectly in violation of the above conditions
and restrictions shall be null and void and shall not be registered in the books of the corporation; Provided,
however, that any transfer of shares by a shareholder to his heir either by sale, donation, estate or
intestate succession, or otherwise, shall be EXEMPTED from the afore-mentioned restrictions. The
foregoing restrictions must appear at the back of all stock certificate of the corporation.
ELEVENTH: That the corporation manifests its willingness to change its corporate name in the
event another person, firm or entity has acquired a prior right to use the said firm name or one deceptively
or confusingly similar to it.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this _____________, at the City
of _____________, Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
ARTICLES OF INCORPORATION
OF
SECOND: That the specific purposes for which said Corporation is formed are:
PRIMARY PURPOSE:
To engage in e-commerce business, including but not limited to the establishment and
maintenance of storefronts and sites for e-Marketplaces, e-Trading, and other electronic business
applications and services; to acquire, develop and market platforms, systems, or applications for business-
to-business integration and business-to-consumer solutions for e-Trading communities; to develop,
acquire, sell, or otherwise deal in end-to-end networking products and intelligent network services and
applications that support e-commerce network solutions; to acquire, import, export, sell, market or
otherwise deal in electronic products and equipment, computer systems, peripherals and accessories, and
To engage in any other business or undertaking that is expedient and/or connected with or related to e-
Commerce in all its aspects, Internet, Cyberspace, Computer Systems and Electronics.
SECONDARY PURPOSES
To do and perform all acts and things necessary, and suitable or proper for the accomplishment of
any of the purposes or the attainment of anyone or more of the objects herein enumerated, within or
without the Philippines, and in any and all foreign countries, and to do everything necessary, desirable or
incidental to the accomplishment of the purposes or the exercise of any one or more of the powers herein
enumerated, or powers and authorities conferred upon corporations organized under the laws of the
Republic of the Philippines in general, and upon domestic corporations of like nature in particular.
THIRD: That the place where the principal office of the corporation is to be established
or located is at _____________, Philippines.
FOURTH: That the term for which the Corporation is to exist is _____________
(________) years from and after the date of issuance of the Certificate of Incorporation.
FIFTH: That the names, nationalities and residences of the incorporators are as follows:
EIGHT: That the authorized capital stock of the corporation has been fully subscribed
representing the sum of __________________________ (P_______________) PESOS,
Philippine Currency, and at least twenty (25%) per cent of the total subscription has been paid as
follows:
NINTH: That _____________ has been elected by the subscribers as Treasurer of the
corporation to act as such until his/her successor is duly elected and qualified in accordance with
the by-laws; and that as such Treasurer, (he/she) has been authorized to receive for and in the name
and for the benefit of the corporation, all subscriptions paid by the subscribers.
TENTH: That no transfer of stocks or interest therein which will reduce the ownership of
Filipino citizens to less than the percentage of the capital stock required by law shall be allowed
or permitted to be recorded in the Corporate Books and this restriction shall be indicated in all the
stock certificates issued by the corporation.
ELEVENTH: That the corporation manifests its willingness to change its corporate name
in the event another person, firm or entity has acquired a prior right to use the said firm name or
one deceptively or confusingly similar to it.
__________________ __________________
(ACKNOWLEDGMENT)
ARTICLES OF INCORPORATION
OF
__________________________ FISHING
CORPORATION
That we, all of whom are of legal age and residents of the Philippines, Filipinos, have on this day,
voluntarily associated ourselves together for the purpose of forming a stock corporation under the laws
of the Republic of the Philippines:
SECOND: That the specific purposes for which said Corporation is formed are:
To engage in, conduct, and carry on the business of deep sea fishing and to engage in any activity in
connection with the catching, producing, marketing, selling, purchasing, handling, processing, importing,
exporting fish and other marine products and maintaining all kinds of fishing boats of any class or tonnage
and all kinds of equipment, commodity and products needed, necessary and incidental to the operation
of the business of fishing and to raise, buy, catch, process, import, export all kinds of fishes, materials and
products necessary and incidental to fishing and to buy, lease, hold or in any manner acquire any real or
personal property necessary and incidental to the business for which the corporation is established
without however engaging in the fishpond business.
THIRD: That the place where the principal office of the corporation is to be established or located
is at _____________, Philippines.
FOURTH: That the term for which the Corporation is to exist is _____________ (________) years
from and after the date of issuance of the Certificate of Incorporation.
FIFTH: That the names, nationalities and residences of the incorporators are as follows:
SIXTH: That the number of directors of the Corporation shall be five (5) and that the names,
nationalities and residence of the Directors of said Corporation who shall act as such until their successors
are elected and have qualified as provided for in the by-laws are as follows:
EIGHT: That the authorized capital stock of the corporation has been fully subscribed representing
the sum of __________________________ (P_______________) PESOS, Philippine Currency, and at least
twenty (25%) per cent of the total subscription has been paid as follows:
NINTH: That _____________ has been elected by the subscribers as Treasurer of the corporation
to act as such until his/her successor is duly elected and qualified in accordance with the by-laws; and that
as such Treasurer, (he/she) has been authorized to receive for and in the name and for the benefit of the
corporation, all subscriptions paid by the subscribers.
TENTH: That no transfer of stocks or interest therein which will reduce the ownership of Filipino
citizens to less than the percentage of the capital stock required by law shall be allowed or permitted to
be recorded in the Corporate Books and this restriction shall be indicated in all the stock certificates issued
by the corporation.
ELEVENTH: That the corporation manifests its willingness to change its corporate name in the
event another person, firm or entity has acquired a prior right to use the said firm name or one deceptively
or confusingly similar to it.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this _____________, at the City
of _____________, Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
ARTICLES OF INCORPORATION
OF
That we, all of whom are of legal age and residents of the Philippines, Filipinos, have on this day,
voluntarily associated ourselves together for the purpose of forming a stock corporation under the laws
of the Republic of the Philippines:
AND WE DO HEREBY CERTIFY:
SECOND: That the specific purposes for which said Corporation is formed are:
To engage in the business of assisting independent immigrant clients in the process of application
for permanent residence and in the process of obtaining temporary work visas for Canada, directly or as
a broker, and to engage in the recruitment and deployment of workers for Canada, after securing the
necessary government permits and licenses.
THIRD: That the place where the principal office of the corporation is to be established or located
is at _____________, Philippines.
FOURTH: That the term for which the Corporation is to exist is _____________ (________) years
from and after the date of issuance of the Certificate of Incorporation.
FIFTH: That the names, nationalities and residences of the incorporators are as follows:
SIXTH: That the number of directors of the Corporation shall be five (5) and that the names,
nationalities and residence of the Directors of said Corporation who shall act as such until their successors
are elected and have qualified as provided for in the by-laws are as follows:
EIGHT: That the authorized capital stock of the corporation has been fully subscribed representing
the sum of __________________________ (P_______________) PESOS, Philippine Currency, and at least
twenty (25%) per cent of the total subscription has been paid as follows:
NINTH: That _____________ has been elected by the subscribers as Treasurer of the corporation
to act as such until his/her successor is duly elected and qualified in accordance with the by-laws; and that
as such Treasurer, (he/she) has been authorized to receive for and in the name and for the benefit of the
corporation, all subscriptions paid by the subscribers.
TENTH: That no transfer of stocks or interest therein which will reduce the ownership of Filipino
citizens to less than the percentage of the capital stock required by law shall be allowed or permitted to
be recorded in the Corporate Books and this restriction shall be indicated in all the stock certificates issued
by the corporation.
ELEVENTH: That the corporation manifests its willingness to change its corporate name in the
event another person, firm or entity has acquired a prior right to use the said firm name or one deceptively
or confusingly similar to it.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this _____________, at the City
of _____________, Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
ARTICLES OF INCORPORATION
OF
That we, all of whom are of legal age and residents of the Philippines, Filipinos, have on this day,
voluntarily associated ourselves together for the purpose of forming a stock corporation under the laws
of the Republic of the Philippines:
AND WE DO HEREBY CERTIFY:
SECOND: That the specific purposes for which said Corporation is formed are:
To engage in, conduct and carry on the business of buying, selling, distributing, marketing at wholesale or
retail in so far as may be permitted by law all kinds of goods, commodities, wares and merchandise of
every kind and description; to enter into all kinds of contracts for the export, import, purchase,
acquisition, sale at wholesale or retail and other dispositions for its own account as principal or
representative capacity as manufacturing representatives, merchandise broker, indentor, commission
merchant, factors or agents upon consignment of all kinds of goods, wares, merchandise or product
whether natural or artificial.
THIRD: That the place where the principal office of the corporation is to be established or located
is at _____________, Philippines.
FOURTH: That the term for which the Corporation is to exist is _____________ (________) years
from and after the date of issuance of the Certificate of Incorporation.
FIFTH: That the names, nationalities and residences of the incorporators are as follows:
SIXTH: That the number of directors of the Corporation shall be five (5) and that the names,
nationalities and residence of the Directors of said Corporation who shall act as such until their successors
are elected and have qualified as provided for in the by-laws are as follows:
Name Nationality Residence
EIGHT: That the authorized capital stock of the corporation has been fully subscribed representing
the sum of __________________________ (P_______________) PESOS, Philippine Currency, and at least
twenty (25%) per cent of the total subscription has been paid as follows:
NINTH: That _____________ has been elected by the subscribers as Treasurer of the corporation
to act as such until his/her successor is duly elected and qualified in accordance with the by-laws; and that
as such Treasurer, (he/she) has been authorized to receive for and in the name and for the benefit of the
corporation, all subscriptions paid by the subscribers.
TENTH: That no transfer of stocks or interest therein which will reduce the ownership of Filipino
citizens to less than the percentage of the capital stock required by law shall be allowed or permitted to
be recorded in the Corporate Books and this restriction shall be indicated in all the stock certificates issued
by the corporation.
ELEVENTH: That the corporation manifests its willingness to change its corporate name in the
event another person, firm or entity has acquired a prior right to use the said firm name or one deceptively
or confusingly similar to it.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this _____________, at the City
of _____________, Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
ARTICLES OF INCORPORATION
OF
__________________________ PUBLISHING
CORPORATION
SECOND: That the specific purposes for which said Corporation is formed are:
To carry on the business as proprietors and publishers of newspapers, journals, magazines, books
and other literary works and undertakings; and also to carry on the business as printers, booksellers,
bookbinders, paper and stationary makers, engravers, photographers, photographic printers,
rishography, duplicators, electro-typers, lithographers, machinists, silkscreeners, or any other business or
manufacture that may seem expedient and / or connected with the publishing business.
THIRD: That the place where the principal office of the corporation is to be established or located
is at _____________, Philippines.
FOURTH: That the term for which the Corporation is to exist is _____________ (________) years
from and after the date of issuance of the Certificate of Incorporation.
FIFTH: That the names, nationalities and residences of the incorporators are as follows:
EIGHT: That the authorized capital stock of the corporation has been fully subscribed representing
the sum of __________________________ (P_______________) PESOS, Philippine Currency, and at least
twenty (25%) per cent of the total subscription has been paid as follows:
NINTH: That _____________ has been elected by the subscribers as Treasurer of the corporation
to act as such until his/her successor is duly elected and qualified in accordance with the by-laws; and that
as such Treasurer, (he/she) has been authorized to receive for and in the name and for the benefit of the
corporation, all subscriptions paid by the subscribers.
TENTH: That no transfer of stocks or interest therein which will reduce the ownership of Filipino
citizens to less than the percentage of the capital stock required by law shall be allowed or permitted to
be recorded in the Corporate Books and this restriction shall be indicated in all the stock certificates issued
by the corporation.
ELEVENTH: That the corporation manifests its willingness to change its corporate name in the
event another person, firm or entity has acquired a prior right to use the said firm name or one deceptively
or confusingly similar to it.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this _____________, at the City
of _____________, Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
ARTICLES OF INCORPORATION
OF
FIRST: That the name of the Corporation shall be __________________________ REALTY, INC.
SECOND: That the specific purposes for which said Corporation is formed are:
To acquire by purchase, lease, or otherwise, lands or interest in lands and realty, and to own,
hold, improve, develop, manage, and operate said land or lands or real estate so acquired, and to erect
or cause to be erected on any lands, owned, held, occupied, or acquired by the corporation, buildings and
other structures with their appurtenances, and to rebuild, enlarge, alter, improve, or remodel any building
or other structures now or hereafter erected on any lands or real estates so owned, held or occupied, or
otherwise dispose of any lands or real estate or interests in lands or real estates and in buildings and other
structures at anytime owned or held by the corporation.
THIRD: That the place where the principal office of the corporation is to be established or located
is at _____________, Philippines.
FOURTH: That the term for which the Corporation is to exist is _____________ (________) years
from and after the date of issuance of the Certificate of Incorporation.
FIFTH: That the names, nationalities and residences of the incorporators are as follows:
EIGHT: That the authorized capital stock of the corporation has been fully subscribed representing
the sum of __________________________ (P_______________) PESOS, Philippine Currency, and at least
twenty (25%) per cent of the total subscription has been paid as follows:
NINTH: That _____________ has been elected by the subscribers as Treasurer of the corporation
to act as such until his/her successor is duly elected and qualified in accordance with the by-laws; and that
as such Treasurer, (he/she) has been authorized to receive for and in the name and for the benefit of the
corporation, all subscriptions paid by the subscribers.
TENTH: That no transfer of stocks or interest therein which will reduce the ownership of Filipino
citizens to less than the percentage of the capital stock required by law shall be allowed or permitted to
be recorded in the Corporate Books and this restriction shall be indicated in all the stock certificates issued
by the corporation.
ELEVENTH: That the corporation manifests its willingness to change its corporate name in the
event another person, firm or entity has acquired a prior right to use the said firm name or one deceptively
or confusingly similar to it.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this _____________, at the City
of _____________, Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
Sir:
This is to authorize your office to examine and verify the deposit in the __Name of Bank__
(_____________ Branch) in my name as Treasurer-in-Trust for __Name of Corporation__, INC.
in the amount of __________________________ (P_____________) representing the paid-up
capital of the said corporation which is in process of incorporation.
This authority is valid and inspection of said deposit may be made even after the issuance
of certificate of incorporation to the company.
Should the deposit be transferred to another bank prior to or after incorporation, this letter
will also serve as authority to verify and examine the same.
By:
TREASURER-IN-TRUST
BY LAWS
OF
__________________________, INC.
Article 1
Meetings
Section 1. Annual Meetings - The Annual meetings of the members shall be held at the principal
office of the association on the _____________ of each year.
Section 2. Monthly/Special Meetings - Monthly/Special meetings of the members shall be called
every end of the month by the president of the association. During such meetings, the President shall
render his monthly report to the members regarding the activities of the association.
Special meetings may be called as the need thereof arises, by the Board of Trustees or the
President or upon petition of 1/3 of the general membership.
Section 3. Notices - Notices of the date, time and place of annual, monthly and special meetings
of the members shall be given either personally or by special delivery mail, at least one week before the
date set for such meeting. In urgent cases, the notice may be communicated at least two days before the
meeting personally or by telephone, or by telegram, if contact is not possible. The notice of every special
meeting shall state briefly the purpose or purposes of the meeting. No other business shall be considered
at such meeting, except with the consent of all the members present thereat.
Section 4. Waiver of Notice - Notice of meeting may be waived verbally by any member attending
it.
Section 5. Quorum - A quorum for any meeting of the members shall consist of a majority of the
members and a majority of such quorum may decide any question at the meeting, except those matters
where the Corporation Code requires the affirmative vote of a greater proportion.
Section 6. Order of Business - The order of business at the annual meeting of the members shall
be as follows:
a. Proof of service of the required notice of the meeting, except when such notice is waived by
the members constituting a quorum.
c. Reading and approval of the minutes of the previous annual meeting, except when such
reading is dispensed with by a majority vote of those present.
d. Unfinished business.
e. Report of the President.
g. Other matters.
The order of business at any meeting may be changed by a vote of a majority of the members
present.
Section 7. Voting Proxy - Members shall be entitled to one vote, and they may vote either in
person or by proxy, which shall be in writing and filed with the Secretary of the Association before the
scheduled meeting.
ARTICLE II
Trustees
Section 1. Board of Trustees - The corporate powers of the association shall be exercised, its
business conducted and its property controlled by the Board of Trustees.
Section 2. Qualifications - No members shall be eligible for election to the Board of Trustees
unless he has the following qualifications:
ARTICLE III
Officers
Section 2. Term of Office of Officers - All officers of the association shall hold office for one year
and until their successors are duly elected and qualified.
ARTICLE IV
Section 1. President - The President shall be the Chief Executive Officer of the association. In
addition to duties as such, he shall preside in all meetings of the Board of Trustees and those of the
members of the association.
He shall execute all resolutions and/or decisions of the Board of Trustees. He shall be charged
with directing and overseeing the activities of the association. He shall appoint and have control over all
employees of the association, review and approve expense vouchers. Together with the Secretary of the
association, he shall present to the Board of Trustees and the members an annual budget and, from time
to time as may be necessary, supplemental budgets. He shall submit to the Board as soon as possible
after the close of each fiscal year, and to the members of each annual meeting, a complete report of the
activities and operations of the association for the fiscal year under his term.
Section 2. Vice-President - The Vice President, if qualified, shall exercise all powers and perform
all duties of the President during the absence or incapacity of the latter and shall perform duties that
maybe assigned by the board of directors.
Section 3. Secretary - The Secretary shall give all the notices required by the by-laws and keep
the minutes of all meeting of the members and of the Board of Trustees and of all meetings of all
committees, in a book kept for the purpose. He shall keep the seal of the association and affix such seal
to any paper or instrument requiring the same. He shall have custody of the correspondence files and all
other papers that are to be kept by the Treasurer. He shall maintain the members' register, have charged
of the bulletin board at the principal office of the association. He shall also perform all such other duties
and work as the Board of Trustees may from time to time assign to him.
Section 4. Treasurer - The Treasurer shall have charge of the funds, receipt and disbursements of
the association. He shall keep all moneys and other valuables of the association in such bank or banks as
the Board of Trustees may designate. He shall keep and have charge of the books of accounts which shall
be open to inspection by any member of the Board of Trustees whenever required, an account of financial
condition of the association and of all transactions made by him as Treasurer. He shall also perform such
other duties and functions as may be assigned to him from time to time by the Board of Trustees. He shall
post a bond in such amount as may be fixed by the Board of Trustees.
Section 5. Auditor - He shall examine financial records and audit money. He shall also perform
other functions as may be provided for by the Board of Trustees.
ARTICLE V
Members
Section 1. Qualifications for Membership - The board shall determine the qualifications of an
applicant for membership.
a. To exercise the rights to vote on all matter relating to the affairs of the association;
b. To be eligible to any elective for appointive office of the association;
e. To examine all the records or books of the association during business hours.
a. To obey and comply with the by-laws, rules and regulations that may be promulgated by the
association from time to time;
ARTICLE VI
Suspension, expulsion and termination of membership, shall be in accordance with the rules and
regulations of the association.
Any member of the association may file charges against a member by filing a written complaint
with the Secretary of the association. The Board of Trustees shall call a special meeting of the members
to consider the charges. The affirmative vote of 1/3 of all the members of the association shall be
necessary to suspend a member; Provided that where the penalty is expulsion, the affirmative vote of
2/3 of all the members shall be necessary to expel a member.
ARTICLE VII
Fund
Section 1. Funds - The funds of the association shall be derived from admission fees, annual dues
and special assessments of members, gifts, donations or benefits.
Section 2. Fees and Dues - every member of the association shall, in addition to the membership
fee, pay dues and/or assessments that may be imposed by the association from time to time.
Section 3. Disbursements - Withdrawal from the funds of the association, whether by check or
any other instrument shall be signed by the Treasurer and countersigned by the President. If necessary,
the Board of Trustees may designate other signatories.
Section 4. Fiscal Year - The fiscal year of the association shall be from January 1st to December 31st
of each year.
ARTICLE VIII
Corporate Seal
Section 1. Form - The corporate seal of the association shall be in such form and design as may be
determined by the Board.
ARTICLE IX
Section 1. Amendments - These by-laws, or any provision thereof, may be amended or repealed
by a majority vote of the members and by a majority vote of the Trustees at any regular or special meeting
duly held for the purpose.
Adopted this _____________ in the City of _____________, Philippines, by the affirmative vote
of the undersigned members representing a majority of the members of the association in a special
meeting duly held for the purpose.
BY-LAWS
OF
__________________________, INC.
ARTICLE I
Section 1. Subscriptions - Subscribers to the capital stock of the corporation shall pay to
the corporation the subscription value or price of the stock in accordance with the terms and
conditions prescribed by the Board of Directors. Unpaid subscriptions shall not earn interest unless
determined by the Board of Directors.
Section 2. Certificate - Each stockholder shall be entitled to one or more certificates for
such fully paid stock subscription in his name in the books of the corporation. The certificates shall
contain the matters required by law and the Articles of Incorporation. They shall be in such form
and design as may be determined by the Board of Directors and numbered consecutively. The
certificates, which must be issued in consecutive order, shall bear the signature of the President,
mutually countersigned by the Secretary or Assistant Secretary, and sealed with the corporate seal.
Section 3. Transfer of Shares - Subject to the restrictions, terms and conditions contained
in the Articles of Incorporation, shares may be transferred, sold, ceded, assigned or pledged by
delivery of the certificates duly endorsed by the stockholder, his attorney-in-fact, or other legally
authorized person. The transfer shall be valid and binding on the corporation only upon record
thereof in the books of the corporation, cancellation of the certificate surrendered to the Secretary,
and issuance of a new certificate to the transferee.
No shares of stock against which the corporation holds unpaid claim shall be transferable
in the books of the corporation.
All certificates surrendered for transfer shall be stamped "Canceled" on the face thereof,
together with the date of cancellation, and attached to the corresponding stub with the certificate
book.
Section 4. Lost Certificates - In case any certificate for the capital stock of the corporation
is lost, stolen, or destroyed, a new certificate may be issued in lieu thereof in accordance with the
procedure prescribed under Section 73 of the Corporation Code.
ARTICLE II
MEETINGS OF STOCKHOLDERS
Section 1. Regular Meetings - The regular meetings of stockholders, for the purpose of
electing directors and for the transaction of such business as may properly come before the
meeting, shall be held at the principal office on the _____________ of each year, if a legal holiday,
then on the following day.
Section 2. Special Meeting - The special meetings of stockholders, for any purpose or
purposes, may at any time be called by any of the following: (a) Board of Directors, at its own
instance, or at the written request of stockholders representing a majority of the outstanding capital
stock, (b) President.
Section 4. Notice of Meeting - Notices for regular or special meetings of stockholders may
be sent by the Secretary by personal delivery or by mail at least two (2) weeks prior to the date of
the meeting to each stockholder of record at his last known post office address or by publication
in a newspaper of general circulation. The notice shall state the place, date and hour of the meeting,
and the purpose or purposes for which the meeting is called. In case of special meetings, only
matters stated in the notice can be subject of motions or deliberations at such meeting.
When the meeting of stockholders is adjourned to another time or place, it shall not be
necessary to give any notice of the adjourned meeting if the time and place to which the meeting
is adjourned are announced at the meeting at which the adjournment is taken. At the reconvened
meeting, any business may be transacted that might have been transacted on the original date of
the meeting.
Section 5. Quorum - Unless otherwise provided by law, in all regular or special meeting
of stockholders, a majority of the outstanding capital stock must be present or represented in order
to constitute a quorum. If no quorum is constituted, the meeting shall be adjourned until the
requisite amount of stock shall be present.
Section 6. Conduct of Meeting - Meeting of the stockholders shall be presided over by
the Chairman of the Board, or in his absence, the President, or if none of the foregoing is in office
and present and acting, by a chairman to be chosen by the stockholders. The Secretary shall act as
Secretary of every meeting, but if not present, the chairman of the meeting shall appoint a secretary
of the meeting. The chairman of the meeting may adjourn the meeting from time to time, without
notice other than announced at the meeting.
All proxies must be in the hands of the Secretary before the time set for the meeting. Such
proxies filed with the Secretary may be revoked by the stockholders either in an instrument in
writing duly presented and recorded with the Secretary prior to a scheduled meeting or by their
personal presence at the meeting.
Section 8. Closing of Transfer Books of Fixing of Record Date - For the purpose of
determining the stockholders entitled to notice of, or to vote at, any meeting of stockholders or any
adjournment thereof or to receive payment of any dividend, or of making a determination of
stockholders for any proper purpose, the Board of Directors may provide that the stock and transfer
books be closed for a stated period, but not to exceed, in any case, twenty (20) days. If the stock
and transfer books be closed for the purpose of determining stockholders entitled to notice of, or
to vote at, a meeting of stockholders, such books shall be closed for at least ten (10) working days
immediately preceding such meeting. In lieu of closing the stock and transfer books, the Board of
Directors may fix in advance a date as the record date which shall in no case be more than twenty
(20) days prior to the date on which the particular action requiring such determination of
stockholders is to be taken, except in instance where applicable rules and regulations provided
otherwise.
ARTICLE III
BOARD OF DIRECTORS
Section 1. Powers of the Board - Unless otherwise provided by law, the corporate powers
of the corporation shall be exercised, all business conducted and all property of the corporation
controlled and held by the Board of Directors to be elected by and from among the stockholders.
Without prejudice to such general powers and such other powers as may be granted by law, the
Board of Directors shall have the following express powers:
a) From time to time, to make and change rules and regulations not inconsistent with these
by-laws for the management of the corporation's business and affairs;
b) To purchase, receive, take or otherwise acquire in any lawful manner, for and in the
name of the corporation, any and all properties, rights, interest or privileges, including securities
and bonds of other corporations, as the transaction of the business of the corporation may
reasonably or necessarily require, for such consideration and upon such terms and conditions as
the Board may deem proper or convenient;
c) To invest the funds of the corporation in another corporation or business or for any other
purposes other than those for which the corporation was organized, whenever in the judgment of
the Board of Directors the interests of the corporation would thereby be promoted, subject to such
stockholders' approval as may be required by law;
d) To incur such indebtedness as the Board may deem necessary and, for such purpose, to
make and issue evidence of such indebtedness including, without limitation, notes, deeds of trust,
instruments, bonds, debentures, or securities, subject to such stockholders' approval as may be
required by law, and/or pledge, mortgage, or otherwise encumber all or part of the properties and
rights of the corporation; provided that the borrowing shall be sourced from not more than nineteen
(19) lenders;
e) To guarantee and secure payment of, for and in behalf of the obligations of other
corporations or entities in which it has lawful interest;
f) To make provisions for the discharge of the obligations of the corporation as they mature,
including payment for any property, or in stocks, bonds, debentures, or other securities of the
corporation lawfully issued for the purpose;
g) To sell, lease, exchange, assign, transfer or otherwise dispose of any property, real or
personal, belonging to the corporation whenever in the Board's judgment, the corporation's interest
would thereby be promoted;
j) To delegate, from time to time, any of the powers of the Board which may lawfully be
delegated in the course of the current business or businesses of the corporation to any standing or
special committee or to any officer or agent and to appoint any persons to be agents of the
corporation with such powers (including the power to sub-delegate), and upon such terms, as may
be deemed fit;
k) To implement these by-laws and to act on any matter not covered by these by-laws
provided such matter does not require the approval or consent of the stockholders under any
existing law, rules or regulation.
Section 2. Election and Term - The Board of Directors shall be elected during each regular
meeting of stockholders and shall hold office for one (1) year and until their successors are elected
and qualified.
Section 3. Vacancies - Any vacancy occurring in the Board of Directors other than by
removal by the stockholders or by expiration of term, may be filled by the vote of at least a majority
of the remaining directors, if still constituting a quorum; otherwise, the vacancy must be filled by
the stockholders at a regular or at any special meeting of stockholders called for the purpose. A
director so elected to fill a vacancy shall be elected only for the unexpired term of his predecessor
in office.
The vacancy resulting from the removal of a director by the stockholders in the manner
provided by law may be filed by election at the same meeting of stockholders without further
notice, or at any regular or at any special meeting of stockholders called for the purpose, after
giving notice as prescribed in this by-laws.
Section 4. Meetings - Regular meetings of the Board of Directors shall be held once every
quarter of the year on such dates and at such times and places as the Chairman of the Board, or in
his absence, the President, or upon the request of a majority of the directors and shall be held at
such places as may be designated in the notice.
Section 5. Notice - Notice of the regular or special meeting of the Board specifying the
date, time and place of the meeting, shall be communicated by the Secretary to each director
personally, or by telephone, telex, telegram, facsimile or by written or oral message. A director
may waive this requirement, either expressly or impliedly.
Section 7. Conduct of the Meetings - Meetings of the Board of Directors shall be presided
over by the Chairman of the Board, or in his absence, the President or if none of the foregoing is
in office and present and acting, by any other director chosen by the Board. The Secretary shall
act as secretary of every meeting, if not present, the Chairman of the meeting shall appoint a
secretary of the meeting.
ARTICLE IV
OFFICERS
The Board may, from time to time, appoint such other officers as it may determine to be
necessary or proper. Any two (2) or more positions may be held concurrently by the same person,
except that no one shall act as President and Treasurer or Secretary at the same time.
Section 2. Chairman of the Board - The Chairman of the Board of Directors shall preside
at the meetings of the directors and the stockholders. He shall also exercise such powers and
perform such duties as the Board of Directors may assign to him.
Section 3. President - The President, who shall be a director, shall be the Chief Executive
Officer of the corporation and shall also have administration and direction of the day-to-day
business affairs of the corporation. He shall exercise the following functions:
a) To preside at the meetings of the Board of Directors and of the stockholders in the
absence of the Chairman of the Board of Directors;
b) To initiate and develop corporate objectives and policies and formulate long range
projects, plans and programs for the approval of the Board of Directors, including those for
executive training, development and compensation;
c) To have general supervision and management of the business affairs and property of the
corporation;
d) To ensure that the administrative and operational policies of the corporation are carried
out under his supervision and control;
f) To oversee the preparation of the budgets and the statement of accounts of the
corporation;
g) To prepare such statements and reports of the corporation as may be required of him by
law;
i) To execute on behalf of the corporation all contracts, agreements and other instruments
affecting the interests of the corporation which require the approval of the Board of Directors,
except as otherwise directed by the Board of Directors;
l) To perform such other duties as are incident to his office or are entrusted to him by the
Board of Directors;
The President may assign the exercise or performance of any of the foregoing powers,
duties and functions to any other officer(s), subject always to his supervision and control.
Section 4. The Vice-President(s) - If one or more Vice- Presidents are appointed, he/they
shall have such powers and shall perform such duties as may from time to time be assigned to
him/them by the Board of Directors or by the President.
Section 5. The Secretary - The Secretary must be a resident and a citizen of the
Philippines. He shall be the custodian of and shall maintain the corporate books and record and
shall be the recorder of the corporation's formal actions and transactions. He shall have the
following specific powers and duties:
a) To record or see to the proper recording of the minutes and transactions of all meetings
of the directors and the stockholders and to maintain minute books of such meetings in the form
and manner required by law;
b) To keep or cause to be kept record books showing the details required by law with
respect to the stock certificates of the corporation, including ledgers and transfer books showing
all shares of the corporation subscribed, issued and transferred;
c) To keep the corporate seal and affix it to all papers and documents requiring a seal, and
to attest by his signature all corporate documents requiring the same;
d) To attend to the giving and serving of all notices of the corporation required by law or
these by-laws to be given;
g) To perform such other duties as incident to his office or as may be assigned to him by
the Board of Directors or the President.
Section 6. Treasurer - The Treasurer of the corporation shall be its chief fiscal officer and
the custodian of its funds, securities and property. The Treasurer shall have the following duties:
a) To keep full and accurate accounts of receipts and disbursements in the books of the
corporation;
b) To have custody of, and be responsible for, all the funds, securities and bonds of the
corporation;
c) To deposit in the name and to the credit of the corporation, in such bank as may be
designated from time to time by the Board of Directors, all the moneys, funds, securities, bonds
and similar valuable effects belonging to the corporation which may come under his control;
d) To render an annual statement showing the financial condition of the corporation and
such other financial reports as the Board of Directors, the Chairman, or the President, may, from
time to time require;
e) To prepare such financial reports, statements, certifications and other documents which
may, from time to time, be required by government rules and regulations and to submit the same
to the proper government agencies;
f) To exercise such powers and perform such duties and functions as may be assigned to
him by the President.
Section 7. Term of Office - The term of office of all officers shall be for a period of one
(1) year and until their successors are duly elected and qualified. Such officers may however be
sooner removed for cause.
Section 8. Vacancies - If any position of the officers becomes vacant by reason of death,
resignation, disqualification or for any other cause, the Board of Directors by majority vote may
elect a successor who shall hold office for the unexpired term.
Section 9. Compensation - The by-laws officers shall receive such remuneration as the
Board of Directors may determine. All other officers shall receive such remuneration as the Board
of Directors may determine upon recommendation of the President. A director shall not be
precluded from serving the corporation in any other capacity as an officer, agent, or otherwise, and
receiving compensation therefor.
ARTICLE V
OFFICE
Section 1. Office - The principal office of the corporation shall be located at the place
stated in Article III of the Articles of Incorporation. The corporation may have such other branch
offices, either within or outside the Philippines, as the Board of Directors may designate or as the
business of the corporation may, from time to time require.
ARTICLE VI
Section 1. External Auditors - At the regular stockholders' meeting, the external auditor
or auditors of the corporation for the ensuing year shall be appointed. The external auditor or
auditors shall examine, verify and report on the earnings and expenses of the corporation and shall
certify the remuneration of the external auditor or auditors as determined by the Board of Directors.
Section 2. Fiscal Year - The fiscal year of the corporation shall begin on the first day of
January and end on the last day of December of each year.
Section 3. Dividends - Dividends shall be declared and paid out of the unrestricted retained
earnings which shall be payable in cash, property or stock to all stockholders on the basis of
outstanding stock held by them, as often and at such times as the Board of Directors may determine
and in accordance with law and applicable rules and regulations.
ARTICLE VII
AMENDMENTS
SEAL
Section 1. Form and Inscriptions - The corporate seal shall be determined by the Board
of Directors.
ARTICLE IX
ADOPTION CLAUSE
The foregoing by-laws was adopted by all the stockholders of the corporation on
_____________ at the principal office of the corporation.
AGREEMENT
- and -
WITNESSETH; That:
WHEREAS, the Second Party intends to subscribe _____________ (______%) Percent
of the initial issuance of shares of __Name of Corporation__, Inc., a corporation that is in the
process of incorporation and registration;
WHEREAS, the First Party is able and willing to advance the paid-in amount of the said
subscription intended to be made by the Second Party;
NOW, THEREFORE, for and in consideration of the foregoing premises, Parties hereby
agree and covenant as follows:
2. That during the incorporation of the said corporation, the First Party shall advance the
amount of P_____________ mentioned in the immediately preceding paragraph which
will represent the amount paid-up by the Second Party in the Articles of Incorporation
and corporate records of __Name of Corporation__, Inc.;
3. That the said advance to be made by the First Party shall be paid by the Second Party
by way of deductions from dividends that may be declared and distributed in the course
of the operation of the said corporation until fully satisfied;
4. That before the said advance made by the First Party is fully satisfied in accordance
with the manner provided for in the immediately preceding paragraph, the shares to be
listed in the name of the Second Party shall be considered as merely held IN-TRUST
for the First Party to the extent of the amount that is not yet satisfied.
__________________ __________________
(ACKNOWLEDGMENT)
(Pre-Incorporation Subscription Agreement)
SUBSCRIPTION AGREEMENT
_____________, Philippines.
SUBSCRIBER
__________________ __________________
(ACKNOWLEDGMENT)
HEREBY GIVING AND GRANTING unto my said attorney full power and authority to
make, sign, seal, execute and deliver contracts, documents, agreements and other writings of
whatever nature or kind, with any and all third persons, concerns, government agencies or entities
upon terms and conditions acceptable to the said attorney-in-fact and execute such other
documents as may be necessary for the implementation and furtherance of such power and
authority as provided herein and to do and perform all and every act requisite or necessary to carry
into effect the foregoing authorities as fully to all intents and purposes as I might or could lawfully
do if personally present, with full power of substitution and revocation, and hereby ratifying and
confirming all that my said attorney or his substitutes shall lawfully do, have done or cause to be
done by virtue hereof.
PRINCIPAL
Accepted by:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
TREASURER'S AFFIDAVIT
That I have been elected by the subscribers of __Name of Corporation__, INC. as Treasurer
thereof, to act as such until my successor has been duly elected and qualified in accordance with
the by-laws of the corporation, and that as such Treasurer, I hereby certify under oath that at least
twenty-five (25%) percent of the authorized capital stock has been subscribed and at least twenty-
five (25%) percent of the subscription has been paid and received by me in cash for the benefit
and credit of the corporation.
This is also to authorize the Securities and Exchange Commission (SEC) and Bangko
Sentral ng Pilipinas (BSP) to examine and verify the deposit in the __Name of Bank__
(_____________ Branch) in my name as Treasurer-in-Trust for __Name of Corporation__, INC.
in the amount of __________________________ (P_____________) representing the paid-up
capital of the said corporation which is in the process of incorporation. This authority is valid and
inspection of said deposit may be made even after the issuance of the Certificate of Incorporation
to the corporation. Should the deposit be transferred to another bank prior to or after incorporation,
this will also serve as authority to examine the pertinent books and records of accounts of the
corporation as well as supporting papers to determine the utilization and disbursement of the said
paid-up capital.
TREASURER-IN-TRUST
(JURAT)
TREASURER'S AFFIDAVIT
That I have been elected by the subscribers of the __Name of Corporation__, INC. as
Treasurer thereof, to act as such until my successor has been duly elected and qualified in
accordance with the by-laws of the corporation, and that as such Treasurer, I hereby certify under
oath that at least twenty-five (25%) percent of the authorized capital stock has been subscribed and
at least twenty-five (25%) percent of the subscription has been paid and received by me in cash
for the benefit and credit of the corporation.
That one of the subscribers, _____________, is an (U.S. citizen), and (he/she) has
subscribed to _____________ shares with a total value of __________________________
(P_____________) and has fully paid his subscription in Philippine Currency which amount was
duly received by me to the benefit and credit of the corporation.
This is also to authorize the Securities and Exchange Commission (SEC) and Bangko
Sentral ng Pilipinas (BSP) to examine and verify the deposit in the __Name of Bank__
(_____________ Branch) in my name as Treasurer-in-Trust for __Name of Corporation__, INC.
in the amount of __________________________ (P_____________) representing the paid-up
capital of the said corporation which is in the process of incorporation. This authority is valid and
inspection of said deposit may be made even after the issuance of the Certificate of Incorporation
to the corporation. Should the deposit be transferred to another bank prior to or after incorporation,
this will also serve as authority to examine the pertinent books and records of accounts of the
corporation as well as supporting papers to determine the utilization and disbursement of the said
paid-up capital.
TREASURER-IN-TRUST
(JURAT)
Greenhills, Mandaluyong
Metro Manila
S I R:
OF
__________________________, INC.
That we the undersigned, the Chairman and the Secretary of the stockholders' meeting and
the majority members of the Board of Directors of __________________________, INC., a
corporation organized and existing under and by virtue of the laws of the Philippines with principal
office at _____________, Philippines, do hereby CERTIFY:
1. That at the meeting of the stockholders of the said corporation held in accordance with
Section 38 of the Corporation Code, B.P. Blg. 68, at its principal office on _____________
at which meeting stockholders representing at least two-thirds (2/3) of the outstanding
capital stock were present in person or by proxy, the stockholders present by unanimous
vote approved the increase of the corporation's authorized capital stock from
__________________________ (P_____________) divided into
__________________________ (_____________) shares with a par value of
_____________ (P_________) per share to __________________________
(P_____________) divided into __________________________ (_____________) shares
with a par value of _____________ (P_________) per share;
2. That the aforesaid increase in the authorized capital stock was likewise approved by at least
majority of the directors at a meeting held on _____________ at the principal office of the
corporation;
(SIGNATURES OF STOCKHOLDERS)
COUNTERSIGNED:
(JURAT)
(Directors' Certificate)
DIRECTOR'S CERTIFICATE
We, the undersigned majority members of the Board of Directors and the Secretary, do
hereby certify that the Articles of Incorporation and By-Laws of __Name of Corporation__, INC.
was amended by an affirmative vote of the stockholders owning or representing at least two-thirds
(2/3) of the outstanding capital stock at a meeting held for that purpose at the principal office of
the corporation on _____________.
The amendments to the Articles of Incorporation and By-Laws was likewise approved by
majority of the directors at a meeting held at the principal office of the corporation on
_____________.
(SIGNATURES OF DIRECTORS)
COUNTERSIGNED:
CORPORATE SECRETARY
(JURAT)
Date: _____________
TO: __________________________
__________________________
Please be informed that in connection with the application of the corporation to amend its
Articles of Incorporation increasing its authorized capital stock from ______________ PESOS to
_____________ PESOS - common shares (which amendment was approved by the stockholders
representing more than 2/3 of the outstanding capital stock at the annual stockholders' meeting and
unanimously approved by the Board of Directors in the Board meeting, both held
_____________), you may now exercise your pre-emptive rights to subscribe to the increase in
the authorized capital stock in proportion to your present shareholding.
Considering that the corporation needs to process the increase as soon as possible in line
with its expansion programs for this year, you are hereby given ten (10) days from receipt of this
NOTICE within which to exercise your pre-emptive rights, otherwise you will be deemed to have
waived the same.
_____________, Philippines.
Corporate Secretary
Noted by:
President
(Secretary's Affidavit)
AFFIDAVIT
2. That the said corporation is filing an application to increase its authorized capital stock
from __________________________ (p___________) to
__________________________ (p___________) - common shares and that in connection
with the aforesaid application for the increase of its authorized capital stock, a written
waiver of the non-subscribing stockholder(s) is required;
3. That several of the non-subscribing stockholders have executed written waivers expressly
waiving their pre-emptive rights to subscribe to the increase in the authorized capital stock;
4. That as to the other non-subscribing stockholders, NOTICES were sent to their last known
address informing them of their pre-emptive rights to subscribe to the increase in the
authorized capital stock in proportion to their stockholdings and were given ten (10) days
from receipt of the NOTICE within which to exercise their right to subscribe to the
increase;
5. That despite due notice, however, the other non-subscribing stockholders did not or failed
to exercise their pre-emptive rights within the period given and as such are deemed to have
waived their rights to subscribe to the increase in the authorized capital stock;
6. That I am executing this Affidavit to attest to the veracity of the above-mentioned facts and
for the purpose of requesting this Honorable Board/Commission to process the application
for the increase in the authorized capital stock of the corporation.
CORPORATE SECRETARY
(JURAT)
STOCKHOLDER
SECRETARY'S CERTIFICATE
"RESOLVED, FURTHER, that all the foregoing authorities shall and continue to
be in full force and effect until revoked or modified by written notice duly notarized
actually received by bank at its office, wherein the account of this corporation is
then maintained, setting forth a resolution to that effect certified to have been
adopted by the Board of Directors of this corporation, provided that such notice
shall not be effective with respect to any exercise of said authorities prior to the
receipt thereof, nor with respect to any checks or other instruments for the payment
of money or the withdrawal of funds dated to the date of such notice."
CORPORATE SECRETARY
ATTESTED TO BY:
PRESIDENT
(JURAT)
SECRETARY'S CERTIFICATE
CORPORATE SECRETARY
ATTESTED TO BY:
PRESIDENT
(JURAT)
(Secretary's Certificate to Apply for a Loan / Credit Accommodation)
SECRETARY'S CERTIFICATE
"RESOLVED, that the Corporation shall apply for and secure a loan or credit
accommodation from __Name of Bank / Financing Company__ in such amounts
and under such terms and conditions as the Officers authorized herein may deem
appropriate and that any TWO of the following three corporate officers: the
President _____________; the Vice-President _____________; or Corporate
Secretary _____________, be hereby authorized for and in behalf of the
corporation to apply and negotiate for the said loan or credit accommodation with
__Name of Bank / Financing Company__ in such amounts and under such terms
and conditions as they may deem proper, expedient and beneficial to the
corporation."
"RESOLVED, FURTHER, that any TWO of the three corporate officer named
herein be hereby authorized to convey to __Name of Bank / Financing Company__,
by way of mortgage/pledge/assignment, any and all of the corporate assets of the
corporation as security for the credit accommodation extended to the latter and to
sign for and in the name of the corporation all mortgages, pledges/assignments
and/or other instruments conveying such corporate properties to any person, bank
or financing institution by way of security, including applications for loan,
promissory notes, deeds of undertaking, and such other documents which may be
required by the Bank in connection with the loan or credit accommodation; to
negotiate for the renewal or extension of the loan accommodation and to accept all
the additional or modified terms and conditions which __Name of Bank / Financing
Company__ may impose with full power and authority to sign all such contracts or
documents embodying such additional or modified terms and conditions and to do
such other acts necessary in furtherance of the foregoing authority."
CORPORATE SECRETARY
ATTESTED TO BY:
PRESIDENT
(JURAT)
SECRETARY'S CERTIFICATE
"HEREBY GIVING AND GRANTING unto the said persons full power and
authority to do and perform all and every act and thing whatsoever requisite and
necessary to be done in and about the premises and hereby ratifying and confirming
all that the said persons shall lawfully do or cause to be done by virtue of this
Authority."
CORPORATE SECRETARY
ATTESTED TO BY:
PRESIDENT
(JURAT)
under such terms and conditions that he may deem beneficial and advantageous to
the corporation.
CORPORATE SECRETARY
ATTESTED TO BY:
PRESIDENT
(JURAT)
SECRETARY'S CERTIFICATE
I FURTHER CERTIFY that the person herein designated as officer of this Corporation
has been duly elected in accordance with the By-Laws and now hold the office/title in this
Corporation as stated herein.
CORPORATE SECRETARY
ATTESTED TO BY:
PRESIDENT
(JURAT)
(CAPTION)
ACCUSED, through counsel, by way of a special appearance solely for this purpose,
respectfully alleges:
1. That the accused has been charged with _____________ and that the bail for his
2. That the accused is a poor fellow of very limited means such that it is impossible for
him to pay the full amount of his bond and is therefore constrained to request for a
allowing him to continue with his gainful employment and as head of the family with
_____________ dependents;
4. As such, accused appeals to the mercy and compassion of this Honorable Court and
5. That this motion for reduction of bail is being filed without prejudice to any other
remedy which may be available to the accused and that the accused expressly reserves
the right to question the legality of the issuance of the search warrant or his warrantless
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
DEFENDANT, unto this Honorable Court, most respectfully moves for the release of his
1. That the herein Defendant has posted Cash Bail Bond for his provisional liberty during
PRAYER
WHEREFORE, in view of the foregoing, Defendant most respectfully prays that his Cash
DEFENDANT
(CAPTION)
COMES NOW Defendant _____________, by the undersigned counsel and unto this Honorable
1. That the Defendant is in custody for the alleged commission of an offense punishable by (life
2. That no bail has been recommended for (his/her) temporary release, on the assumption that the
3. That the burden of showing that evidence of guilt is strong is on the prosecution, and unless this
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the Defendant
_____________ be admitted to bail in such amount as this Honorable Court may fix.
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
PROSECUTOR
(CAPTION)
COMPLAINT
Contrary to law.
COMPLAINANT
(JURAT)
Witnesses:
____________________
____________________
(CAPTION)
COMPLAINT
Contrary to law.
COMPLAINANT
(JURAT)
Witnesses:
____________________
____________________
(CAPTION)
COMPLAINT
Contrary to law.
COMPLAINANT
(JURAT)
Witnesses:
____________________
____________________
(CAPTION)
COMPLAINT
The undersigned, _____________, accuses _____________ of the crime of FORCIBLE
ABDUCTION, committed as follows, to wit:
Contrary to law.
COMPLAINANT
(JURAT)
Witnesses:
____________________
____________________
COMPLAINT-AFFIDAVIT
2. That sometime in the morning of __date of issue__, at __place of issue__, Philippines, the
said __Respondent__ issued in my favor a __Name of Bank__ Check No. _____________ in
the amount of P_____________ as supposed payment for the loan accommodation of
P_____________, which I have extended to (him/her);
3. That the said check is drawn against the account of the said __Respondent__ at __Name of
Bank__ with Account No. _____________;
4. That at the time the said __Respondent__ issued the delivered the said check to me,
(he/she) made the assurance and representation that the said check is a good check and
would be covered by sufficient funds when presented for payment;
5. However, when the above-mentioned check was deposited, the same was dishonored and
returned by the bank on the ground that the same was drawn against a "CLOSED
ACCOUNT." A true and faithful machine reproduction of the said check is hereto attached
as Annex "____";
6. As such, I immediately notified said __Respondent__ of the dishonor and return of the said
check and demanded from (him/her) that (he/she) make good the said check within
_____________ (____) days from receipt thereof. A true and faithful machine reproduction
of my demand letter to (him/her) is hereto attached as Annex "____";
7. When said __Respondent__ failed to heed my demands, I endorsed the said check to my
legal counsel who immediately sent a formal demand letter through registered mail with
return card on _____________, which was received by the said __Respondent__ on
_____________. As of date however, __Respondent__ has unjustifiably ignored all these
demands to pay the said account and/or to redeem the said returned check. A true and
faithful machine reproduction of my demand letter to (him/her) is hereto attached as Annex
"____";
Administering Officer
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
The undersigned, _____________, accuses _____________ of the crime of MURDER,
committed as follows, to wit:
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(Certification of Preliminary Investigation)
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
The undersigned, _____________, accuses _____________ of the crime of SERIOUS
PHYSICAL INJURIES, committed as follows, to wit:
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
_____________, Philippines, __Date__.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(CAPTION)
INFORMATION
Contrary to law.
PROSECUTOR
Witnesses:
____________________
____________________
(Motion to Quash)
(CAPTION)
MOTION TO QUASH
COME NOW DEFENDANTS, by counsel and unto this Honorable Court, most respectfully move to
quash the information filed against the defendants on the ground of lack of jurisdiction over the subject
matter.
ARGUMENTS
1. Defendants are indicted for committing the crime of "Unjust Vexation" that is punished under
the Article 287, Paragraph 2 of the Revised Penal Code; Said provision states that:
2. DEFENDANTS, HOWEVER, MOST RESPECTFULLY SUBMIT THAT THIS HONORABLE COURT LACKS
JURISDICTION OVER THE SUBJECT MATTER OF THE OFFENSE FOR THE REASON THAT ARTICLE
287, PARAGRAPH 2 OF THE REVISED PENAL CODE THAT PUNISHES "UNJUST VEXATIONS"
CANNOT BE A BASIS OF ANY CRIMINAL PROSECUTION FOR BEING NULL AND VOID AND
1. It is a well-established doctrine that a criminal or penal legislation must clearly define or specify
the particular acts or omissions punished. As early as 1916, in the case of UNITED STATES VS.
LULING, 34 Phil. 725, our Honorable Supreme Court had the occasion to hold that:
"In some of the States, as well as in England, there exist what are known
as common law offenses. In the Philippine Islands no act is a crime
unless it is made so by statute. The state having the right to declare
what acts are criminal, within certain well defined limitations, has a right
to specify what act or acts shall constitute a crime, as well as what act or
acts shall constitute a crime, as well as what proof shall constitute prima
facie evidence of guilt, and then to put upon the defendant the burden
of showing that such act or acts are innocent and are not committed
with any criminal intent or intention." (emphasis and underscoring ours,
cited in the fairly recent case of Dizon-Pamintuan v. People of the
Philippines, G.R. No. 111426, July 11, 1994) (emphasis and underscoring
ours)
2. Two years later, this was followed by a scholarly exposition by Justice Johnson in the case of In
re: R. MCCULLOCH DICK, 38 Phil. 41, April 16, 1918, where he stated that:
"x x x In the Philippine Islands no act is a crime unless it is made so by
law. The law must specify the particular act or acts constituting the
crime. If that were not so, the inhabitants could not know when they
would be liable to be arrested, tried and punished. Otherwise the
mandatory provisions of the law, that all criminal laws shall be
prescribed, would prove to be a pitfall and a snare. The inhabitants of
the Philippine Islands, whether citizens, denizens or friendly aliens, have
a right to know, in advance of arrest, trial and punishment, the particular
acts for which they may be so tried. They cannot be arrested and tried,
and then be informed for the first time that their acts have been
subsequently made a crime, and be punished therefor. x x x" (emphasis
and underscoring ours)
3. Justice (later Chief Justice) Fernando in his concurring opinion in the case of PEOPLE v. CABURAL,
G.R. No. L-34105, February 4, 1983, also made a similar observation, stating that:
"The maxim Nullum crimen nulla poena sine lege has its roots in history.
It is in accordance with both centuries of civil law and common law
tradition. Moreover, it is an indispensable corollary to a regime of liberty
enshrined in our Constitution. It is of the essence then that while anti-
social acts should be penalized, there must be a clear definition of the
punishable offense as well as the penalty that may be imposed - a
penalty, to repeat, that can be fixed by the legislative body, and the
legislative body alone. So constitutionalism mandates, with its stress on
jurisdictio rather than guvernaculum. The judiciary as the dispenser of
justice through law must be aware of the limitation on its own power."
(emphasis and underscoring ours)
4. The rationale of said doctrine that a criminal or penal legislation must clearly define or specify
the particular act or acts punished is ably explained by the United Stated Supreme Court in the
case of LANZETTA v. STATE OF NEW JERSEY, 306 U.S. 451, where it held that:
"x x x It is the statute, not the accusation under it, that prescribes the
rule to govern conduct and warns against transgression. x x x No one
may be required at peril of life, liberty or property to speculate as to the
meaning of penal statutes. All are entitled to be informed as to what
the State commands or forbids. x x x" (emphasis and underscoring ours)
5. Paragraph 2 of Article 287 of the Revised Penal Code does not define, much less specify, the acts
constituting or deemed included in the term "unjust vexations" resulting to making the said
provision a sort of a "catch-all" provision patently offensive to the due process clause;
6. The right to define and punish crimes is an attribute of sovereignty. Each State has the authority,
under its police power, to define and punish crimes and to lay down the rules of criminal
procedure. Pursuant to this power to define and punish crimes, the State may not punish an act
as a crime unless it is first defined in a criminal statute so that the people will be forewarned as
to what act is punishable or not. The people cannot be left guessing at the meaning of criminal
statutes;
7. Moreover, Article 3 of the Revised Penal Code defines FELONIES (delitos) as "acts or omissions"
punishable by law. Article 287, Par. 2 of the Revised Penal Code condemns no specific act or
8. Philippine Jurisprudence is replete with examples that would readily show that Art. 287, Par. 2
of the Revised Penal Code has not been used to prosecute a well-defined or specific criminal act.
Instead, it was used as a "catch-all" provision to prosecute acts which are not expressly made
criminal by any other provision of the Revised Penal Code. This is anathema to criminal due
process that requires notice of what specific act or omission is punished by law;
9. An examination of the annals of our jurisprudence would likewise show that Art. 287, par. 2 of
the Revised Penal Code has not been used to punish a specific act:
a) In People v. Reyes, 60 Phil. 369, August 23, 1934, accused were found guilty of
unjust vexation by their act of disturbing or interrupting a ceremony of a religious
character;
b) In Lino v. Fugoso, 77 Phil. 983, January 30, 1947, it was used to prosecute the
accused of unjust vexation committed by stopping the jeep driven by the
complainant in a threatening attitude and without any just cause therefor and
telling him to stop driving for the City of Manila while the strike of city laborers was
still going on;
c) In People v. Reyes, 98 Phil. 646, March 23, 1956, it was held that the act of seizing,
taking and holding possession of passenger jeep belonging to complainant,
without the knowledge and consent of the latter, for the purpose of answering for
the debt of the said owner, constitutes unjust vexation;
d) In People v. Yanga, 100 Phil. 385, November 28, 1956, accused was convicted of
unjust vexation for the act of compelling the complainant to do something against
his will, by holding the latter around the neck and dragging him from the latter's
residence to the police outpost;
e) In People v. Abuy, G.R. No. L-17616, May 30, 1962, the accused was prosecuted for
unjust vexation for the act of embracing and taking hold of the wrist of the
complainant;
f) In People v. Carreon, G.R. No. L-17920, May 30, 1962, accused was convicted of
unjust vexation by the act of threatening the complainant by holding and pushing
his shoulder and uttering to the latter in a threatening tone the following words:
"What inspection did you make to my sister in the mountain when you are not
connected with the Bureau of Education?";
g) In People v. Gilo, G.R. No. L-18202, April 30, 1964, the Court held that the absence
of an allegation of "lewd design" in a complaint for acts of lasciviousness converts
the act into unjust vexation;
h) In Andal v. People of the Philippines, G.R. No. L-29814, March 28, 1969, accused
were found guilty of unjust vexation under an information charging them with the
offense of offending religious feelings, by the performance of acts notoriously
offensive to the feelings of the faithful;
i) In People v. Maravilla, G.R. No. L-47646, September 19, 1988, a accused was
convicted of unjust vexation for the act of grabbing the left breast of the
complainant against her will; and
j) Recently in Kwan v. Court of Appeals, G.R. No. 113006, November 23, 2000, the
act of abruptly cutting off the electric, water pipe and telephone lines of a business
establishment causing interruption of its business operations during peak hours
was held as unjust vexation;
1. From the above-cited cases, it clearly appears that Art. 287, par. 2 of the Revised Penal Code
does not punish a specific act. Instead, any and all kind of acts that are not specifically covered
by any other provision of the Revised Penal Code and which may cause annoyance, irritation,
vexation, torment, distress or disturbance to the mind of the person to whom it is directed may
2. The term "unjust vexation" is a highly imprecise and relative term that has no common law
meaning or settled definition by prior judicial or administrative precedents; Thus, for its
vagueness and overbreadth, said provision violates due process in that it does not give fair
3. This kind of challenge to the constitutionality of a penal statute on ground of vagueness and
overbreadth is not entirely novel in our jurisdiction. In an en banc decision in the case of
GONZALES v. COMELEC, G.R. No. L-27833, April 18, 1969, re: Constitutionality of Republic Act No.
4880, our Honorable Supreme Court had the occasion to rule that the terms "election campaign"
and "partisan political activity" which are punished in said R.A. 4880 would have been void for
their vagueness were it not for the express enumeration of the acts deemed included in the said
"If that is all there is to that provision, it suffers from the fatal
constitutional infirmity of vagueness and may be stricken down. x x x"
4. Article 287, par. 2 of the Revised Penal Code punishes "unjust vexations" and that is all there is
to it! As such, applying the incontestable logic of the Supreme Court in said case of GONZALES
v. COMELEC would lead us to the inescapable conclusion that said penal provision suffers from
5. In the case of CONNALLY V. GENERAL CONSTRUCTION CO., 269 U.S. 385, cited by our own
Supreme Court en banc in the case of Ermita-Malate Hotel and Motel Operators Assn., Inc. v. City
Mayor of Manila, G.R. No. L-24693, July 31, 1967), the United States Supreme Court ruled:
"That the terms of a penal statute creating a new offense must be
sufficiently explicit to inform those who are subject to it what conduct
on their part will render them liable to its penalties is a well-recognized
requirement, consonant alike with ordinary notions of fair play and the
settled rules of law; and a statute which either forbids or requires the
doing of an act in terms so vague that men of common intelligence
must necessarily guess at its meaning and differ as to its application
violates the first essential of due process of law." (emphasis and
underscoring ours)
6. In fact, it is worst in the case of the 2nd Paragraph of Article 287 of the Revised Penal Code
because it punishes "unjust vexations" without even defining or enumerating the acts
constituting the said crime thus leaving men of common intelligence necessarily guessing at its
meaning and differing as to its application in complete disregard of constitutional due process;
7. Our Supreme Court in the case of U.S. v. NAG TANG HO, 43 Phil. 1, held that one cannot be
convicted of a violation of a law that fails to set up an ascertainable standard of guilt. Said ruling
cites the landmark case of U.S. v. L. COHEN GROCERY CO., 255 U.S. 81, where the United States
Supreme Court in striking down Section 4 of the Federal Food Control Act of August 10, 1917, as
8. Recently, in COATES v. CITY OF CINCINNATI, 402 U.S. 611, the United States Supreme Court
passed upon the issue of constitutionality of a Cincinnati, Ohio, ordinance that provides that:
9. In hammering down the constitutionality of the above-cited Cincinnati, Ohio ordinance in its
"Conduct that annoys some people does not annoy others. Thus, the
ordinance is vague, not in the sense that it requires a person to conform
his conduct to an imprecise but comprehensible normative standard,
but rather in the sense that no standard of conduct is specified at all. As
a result, "men of common intelligence must necessarily guess at its
meaning." Connally v. General Construction Co., 269 U.S. 385, 391
"It is said that the ordinance is broad enough to encompass many types
of conduct clearly within the city's constitutional power to prohibit. And
so, indeed, it is. The city is free to prevent people from blocking
sidewalks, obstructing traffic, littering streets, committing assaults, or
engaging in countless other forms of antisocial conduct. It can do so
through the enactment and enforcement of ordinances directed with
reasonable specificity toward the conduct to be prohibited. It cannot
constitutionally do so through the enactment and enforcement of an
ordinance whose violation may entirely depend upon whether or not a
policeman is annoyed. " (emphasis and underscoring ours)
10. Same things can be said of Art. 287, par. 2 of the Revised Penal Code that punishes "unjust
vexations." As previously shown, the term "unjust vexations" is broad enough to encompass
many types of acts or conduct. But while these acts of types of conduct are within the State's
police power to prohibit and punish, it cannot however constitutionally do so when its violation
may entirely depend upon whether or not another is vexed or annoyed by said act or conduct
and whether or not said act or conduct is unjust is the estimation of the court;
11. The failure of Art. 287, par. 2 of the Revised Penal Code to define or specify the act or omission
that it punishes likewise amounts to an invalid delegation by Congress of legislative power to the
courts to determine what acts should be held to be criminal and punishable; Potestas delegata
non delegare potest. What has been delegated cannot be delegated. This doctrine is based on
the ethical principle that such as delegated power constitutes not only a right but a duty to be
performed by the delegate through the instrumentality of his own judgment and not through the
12. Congress alone has power to define crimes. This power as an attribute of sovereignty may not
be delegated to the courts. When a criminal legislation leaves the halls of Congress, it must be
complete in itself in that it must clearly define and specify the acts or omissions deemed
punishable; and when it reaches the courts, there must be nothing left for the latter to do, except
to determine whether person or persons indicted are guilty of committing the said acts or
omissions defined and made punishable by Congress. Otherwise, borrowing the immortal words
of Justice Isagani Cruz in Ynot v. Intermediate Appellate Court (148 SCRA 659), the law becomes
a "roving commission," a wide and sweeping authority that is not "canalized within banks that
keep it from overflowing," in short a clearly profligate and therefore invalid delegation of
legislative powers;
13. Art. 287, par. 2 of the Revised Penal Code fails to set an immutable and ascertainable standard
of guilt, but leaves such standard to the variant and changing views and notions of different
judges or courts which are called upon to enforce it. Instead of defining the specific acts or
omissions punished, it leaves to the courts the power to determine what acts or types of conduct
constitute "unjust vexation." Moreover, liability under the said provision is also made dependent
upon the varying degrees of sensibility and emotions of people. It depends upon whether or not
another is vexed or annoyed by said act or conduct. As previously intimated, one cannot be
convicted of a violation of a law that fails to set up an immutable and an ascertainable standard
of guilt.
CONCLUSION
14. In view of all the foregoing, Defendants submit that Art. 287, par. 2 of the Revised Penal Code
that punishes "unjust vexations" is unconstitutional on its face for its fatal failure to forbid a
specific or definite act or conduct resulting to its congenital vagueness and overbreadth which
are anathema to constitutional due process and the right to be informed of the nature of the
offense charged;
15. Moreover, by leaving it to the judiciary to determine the "justness" or "unjustness" of an act or
conduct that is not clearly defined or specified by law constitutes a fixing by Congress of an
legislative power;
16. Therefore, the conclusion is inevitable that Art. 287, par. 2 of the Revised Penal Code, being
offense to speak of and consequently, this Honorable Court cannot acquire any jurisdiction
PRAYER
WHEREFORE, it view of all the foregoing, it is most respectfully prayed that the information be
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
DEED OF ASSIGNMENT
ASSIGNOR
CONFORME:
IRREVOCABLE BENEFICIARY
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
DEED OF EXCHANGE
KNOW ALL MEN BY THESE PRESENTS:
W I T N E S S E T H:
WHEREAS, the FIRST PARTY is the true and registered owner of a certain parcel of land, situated
at _____________, Philippines, covered by Transfer Certificate of Title No. _____________ of the Register
of Deeds of _____________, more particularly described as follows:
WHEREAS, the FIRST PARTY and the SECOND PARTY have agreed to transfer and convey by way
of exchange the above-described parcel of lands in favor of each other;
NOW THEREFORE, for and in consideration of the foregoing premises, the FIRST PARTY by these
presents hereby CEDES, TRANSFERS and CONVEYS BY WAY OF EXCHANGE the parcel of land covered and
described under Transfer Certificate of Title No. _____________ of the Office of the Register of Deeds of
_____________, including all improvements found and standing thereon, in favor of the SECOND PARTY
and in the same manner, the SECOND PARTY CEDES, TRANSFERS and CONVEYS BY WAY OF EXCHANGE the
parcel of land covered and described under Transfer Certificate of Title No. _____________ of the Office
of the Register of Deeds of _____________, including all improvements found and standing thereon in
favor of the FIRST PARTY.
IN WITNESS WHEREOF, we have hereunto set our hands, this _____________ at _____________,
Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
(Deed of Exchange of Real Property for Shares of Stocks)
DEED OF EXCHANGE
KNOW ALL MEN BY THESE PRESENTS:
That for and in exchange of __________________________ (_________) shares of stocks
of the _____________, INC. (hereinafter referred to as the "TRANSFEREE"), a domestic
corporation duly organized and existing under and by virtue of the laws of the Republic of the
Philippines, with principal office at _____________, Philippines, with par value of
__________________________ (P___________) per share equivalent to a total of
__________________________ (P___________), Philippine Currency, I, _____________,
Filipino, of legal age, (single / married / widow), and a resident of _____________, Philippines, do
hereby TRANSFER and CONVEY BY WAY OF EXCHANGE in favor of the TRANSFEREE, a
certain parcel of land situated at _____________, Philippines, of which I am the true and registered
owner, more particularly described as follows:
TRANSFEROR
__________________ __________________
(ACKNOWLEDGMENT)
(Confidentiality Agreement)
CONFIDENTIALITY AGREEMENT
- and -
WITNESSETH:
WHEREAS, the FIRST PARTY agrees to furnish the SECOND PARTY access to certain
confidential information relating to the affairs and operation of the FIRST PARTY solely for
purposes of _____________;
WHEREAS, the SECOND PARTY agrees to review, examine, inspect or obtain such
information only for the purposes described above, and to otherwise hold such information
confidential and secret pursuant to the terms of this agreement.
NOW, THEREFORE, the FIRST PARTY shall furnish to the SECOND PARTY certain
confidential information not heretofore within the knowledge of the SECOND PARTY, described
on attached list (Annex "A", which shall be considered an integral part of this Agreement), subject
to the following conditions:
1. The SECOND PARTY agrees to hold all confidential or proprietary information or trade
secrets ("information") in absolute trust and confidence and agrees that it shall be used only
for the contemplated purpose, and shall not be used for any other purpose or disclosed to
any third party under any circumstances whatsoever;
2. After the accomplishment of the above-described purposes, or upon demand by the FIRST
PARTY, all information, including written notes, photographs, memoranda, drawings,
specifications, and designs shall be promptly returned to the FIRST PARTY. SECOND
PARTY shall retain no copies or written documentation relating thereto;
3. This information shall not be disclosed to any employee, consultant or third party unless
said party agrees to execute and be bound by the terms of this agreement, and disclosure is
first approved by the FIRST PARTY in writing;
4. It is understood that the SECOND PARTY shall have no obligation with respect to any
information known by the SECOND PARTY or as may be generally known within the
industry prior to date of this agreement, or that shall become common knowledge within
the industry thereafter;
5. The SECOND PARTY acknowledges the information disclosed herein is proprietary or
trade secrets and in the event of any breach, the FIRST PARTY shall be entitled to
injunctive relief as a cumulative and not necessarily successive or exclusive remedy to a
claim for monetary damages;
6. This agreement shall be binding upon and inure to the benefit of the parties, their successors
and assigns;
__________________ __________________
(ACKNOWLEDGMENT)
- and -
_____________, of legal age, Filipino, (single / married / widow),
and a resident of _____________, Philippines, (hereinafter referred
to as the "CONTRACTOR");
WITNESSETH: THAT -
The COMPANY and the CONTRACTOR, have agreed and covenanted as follows:
5. The CONTRACTOR shall bill his services on a progress billing basis at the end of each
month;
6. The CONTRACTOR shall not be entitled to any benefits extended by the Labor Laws
and Legislations to workers and employees or other such benefits that the COMPANY
offers to its regular employees;
7. During this project, CONTRACT may be in contact with or directly working with
confidential and proprietary information which is important to the COMPANY and its
competitive position. All such information must be treated with absolute and strict
confidentiality and may not be used at any time or in any manner in projects or works
that the CONTRACTOR may perform for others in the same industry.
COMPANY CONTRACTOR
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
AGREEMENT
- and -
WITNESSETH; That -
WHEREAS, both parties are the co-owners pro indiviso of a certain parcel of land situated
at _____________ and covered by Transfer Certificate of Title No. _____________, more
particularly described as follows:
WHEREAS, the parties have agreed to terminate and end such co-ownership, and for this
purpose, have caused the above property to be subdivided and designated into Lot No. ________
and Lot No. ________ as per tracing cloth and blueprint plan Psd. _____________ duly approved
by the Bureau of Lands on _____________ together with their corresponding technical
descriptions, which are made integral parts of this Agreement.
NOW THEREFORE, the parties have hereby agreed to subdivide and hereby subdivide
and adjudicate among themselves, the above-described common property as follows:
IN WITNESS WHEREOF, the parties have hereunto signed their hands this
_____________ at _____________, Philippines.
CO-OWNER CO-OWNER
__________________ __________________
(ACKNOWLEDGMENT)
DEED OF TRANSFER
- in favor of -
WHEREAS, the TRANSFEROR has secured a loan from the TRANSFEREE and as
security for the payment thereof, mortgaged a certain parcel of land, together with all the buildings
and/or improvements thereon, the land more particularly described as follows:
which Real Estate Mortgage is more particularly described as Doc No. ________, Page No.
________, Book No. ________, Series of ________ in the Notarial Registry of Notary Public
_____________ of the Province of _____________, and incorporated by way of reference as part
of this deed.
WHEREAS, in order to settle the said loan, the TRANSFEROR has offered to transfer by
way of dation in payment the above-mentioned property in favor of the TRANSFEREE in full
acquittance of his obligation with the latter, which offer was accepted by the TRANSFEREE.
NOW THEREFORE, for and in consideration of the foregoing stipulations and covenants
and for the full acquittance of the obligation of the TRANSFEROR in favor of the TRANSFEREE
secured by the real estate mortgage aforementioned, the TRANSFEROR does hereby CEDE,
TRANSFER and CONVEY the aforementioned parcel of land together with all the improvements
found thereon in favor of the TRANSFEREE, free from all liens and encumbrances, except those
already annotated prior the registration of the mortgage as aforementioned.
TRANSFEROR TRANSFEREE
__________________ __________________
(ACKNOWLEDGMENT)
(Dacion en Pago with Release of Mortgage)
DEED OF TRANSFER
WITH RELEASE OF MORTGAGE
- in favor of -
WITNESSETH: That -
WHEREAS, the TRANSFEROR has secured a loan from the TRANSFEREE and as
security for the payment thereof, mortgaged a certain parcel of land, together with all the buildings
and/or improvements thereon, the land more particularly described as follows:
which Real Estate Mortgage is more particularly described as Doc No. ________, Page No.
________, Book No. ________, Series of ________ in the Notarial Registry of Notary Public
_____________ of the Province of _____________, and incorporated by way of reference as part
of this deed.
WHEREAS, in order to settle the said loan, the TRANSFEROR has offered to transfer by
way of dation in payment the above-mentioned property in favor of the TRANSFEREE in full
acquittance of his obligation with the latter, which offer was accepted by the TRANSFEREE.
NOW THEREFORE, for and in consideration of the foregoing stipulations and covenants
and for the full acquittance of the obligation of the TRANSFEROR in favor of the TRANSFEREE
secured by the real estate mortgage aforementioned, the TRANSFEROR does hereby CEDE,
TRANSFER and CONVEY the aforementioned parcel of land together with all the improvements
found thereon in favor of the TRANSFEREE, free from all liens and encumbrances, except those
already annotated prior the registration of the mortgage as aforementioned.
TRANSFEROR TRANSFEREE
__________________ __________________
(ACKNOWLEDGMENT)
(Distributorship Agreement)
DISTRIBUTORSHIP AGREEMENT
WITNESSETH; That -
1. The purpose of this agreement is to establish the DISTRIBUTOR as an exclusive and authorized,
wholesale and retail DISTRIBUTOR for the sale and distribution of __Name of Product Line__ and to
set forth the respective duties, obligations and responsibilities of MANUFACTURER and of
DISTRIBUTOR in the sale of these products by MANUFACTURER to the DISTRIBUTOR and the sale and
servicing of these products by the DISTRIBUTOR.
2. DISTRIBUTOR has elected to enter into this agreement with MANUFACTURER with confidence in
MANUFACTURER's integrity and expressed intention to deal fairly with the DISTRIBUTOR.
3. MANUFACTURER has elected to enter into this agreement with DISTRIBUTOR with recognition that
MANUFACTURER's success depends on financially sound, responsible, efficient, vigorous and
successful independent wholesale and retail distributors whose business conduct is free of false,
deceptive or misleading advertising, merchandising, pricing and service practices, and with
competence in DISTRIBUTOR's integrity and ability, and in the DISTRIBUTOR's expressed intention to
deal fairly with MANUFACTURER and its customers, and to perform and carry out DISTRIBUTOR's
duties, obligations and responsibilities as set forth in this agreement.
4. It is the expectation of each of the parties that by entering into this agreement, and by the full and
faithful observance and performance of its duties, obligations and responsibilities, a mutually
satisfactory relationship between them will be established and maintained.
NOW, THEREFORE, for and in consideration of the mutual agreements and acknowledgments made
in this agreement, the parties hereby agree and covenant as follows:
I. APPOINTMENT
Subject to the terms and conditions contained below, MANUFACTURER hereby appoints DISTRIBUTOR as
the exclusive and sole DISTRIBUTOR of __Name of Product Line__ for the territory described in the
immediately succeeding paragraph, with rights to purchase, inventory, promote and resell
MANUFACTURER's products.
II. TERRITORY
The exclusive distributorship shall cover the entire territory of the Republic of the Philippines.
DISTRIBUTOR agrees that DISTRIBUTOR will not sell any of MANUFACTURER's products in any other
territory without the prior written consent of MANUFACTURER or the exclusive DISTRIBUTOR in whose
territory the sale is contemplated.
As used in this instrument, the term "MANUFACTURER's products" shall mean __Name of Product Line__,
service parts and accessories manufactured and/or sold by MANUFACTURER.
The quality of the MANUFACTURER's products shall be in full conformity with the product catalogues and
technical description of the manufacturing plant furnished to the DISTRIBUTOR and shall be confirmed by
a Certificate of Quality issued by the manufacturing plant or the MANUFACTURER.
All sales of MANUFACTURER's products to DISTRIBUTOR shall be made under and subject to the provisions
of this agreement at such prices as MANUFACTURER shall establish from time to time. Resale prices shall
be fixed by DISTRIBUTOR.
The packing of the MANUFACTURER's products for shipment shall ensure their safety during
transportation to the place of destination subject to proper handling.
Shipment of MANUFACTURER's products should be conducted from Port of the City of New York, USA on
terms "C.I.F. Manila, Philippines". The term "C.I.F" shall have the meaning assigned to it by the latest
edition of INCOTERMS, published by the International Chamber of Commerce, Paris.
The MANUFACTURER shall advise the DISTRIBUTOR the date of products' shipment. Partial shipment of
products is allowed. Transshipment is allowed.
VI. INSURANCE
The MANUFACTURER shall arrange and pay for the cargo or marine insurance to cover the full value or
purchase price of the products to be transported or shipped up to the ports of Manila, Philippines, naming
the DISTRIBUTOR as the beneficiary thereof.
The MANUFACTURER shall be entirely responsible for all taxes, duties, license fees, and other levies
imposed by the government of the United States of America. The DISTRIBUTOR shall be entirely
responsible for all taxes, duties, license fees, and other levies imposed by the government of Philippines.
VIII. PAYMENT
Payment for MANUFACTURER's products under this Agreement is to be effected by the DISTRIBUTOR in
the following way:
1. Initial shipment of two (2) exhibition models __Name of Product Line__ shall be paid by the
DISTRIBUTOR by opening an Irrevocable Standby Letter of Credit for the full value of said 2 units in US
Dollars in favor of the MANUFACTURER. The Letter of Credit is to be opened within fifteen (15) days
from the date of the signing of this Agreement. The Letter of Credit is to be executed in the
_____________ Bank. The Letter of Credit is to mature 60 days after the arrival of shipment at the
port of Manila in accordance with the Memorandum of Agreement signed on _____________ in
Manila clause 3 (k).
2. Subsequent shipments to the DISTRIBUTOR after the delivery of the exhibition models shall be paid
by opening a Confirmed Irrevocable Letters of Credit for the full value of the order in US Dollars in
favor of the MANUFACTURER in accordance with the Memorandum of Agreement. The Letter of
Credit is to be opened within fifteen (15) days from the acceptance of an order. The Letter of Credit
is to be executed in the _____________ Bank and to be valid for ninety (90) days from the date of its
opening.
Payment of the Letter of Credit is to be effected after submission to the Bank of the following documents:
The documents should be presented to the Bank within twenty-one (21) days from the Date of Shipment.
The Date of Shipment is to be considered the Date of the Bill of Lading.
The MANUFACTURER shall provide the DISTRIBUTOR with English language maintenance / operating
manuals, periodic maintenance manuals, technical descriptions, catalogues, and list of recommended
spare parts. MANUFACTURER shall also provide the necessary support and assistance in the establishment
of service and maintenance centers, provide necessary training and technical support to the service and
repair personnel of the DISTRIBUTOR together with the DISTRIBUTOR and make service or spare parts and
accessories available to the said service and maintenance centers.
X. MARKETING POLICIES
DISTRIBUTOR will promote vigorously the sale of MANUFACTURER's products through all channels of
distribution prevailing in DISTRIBUTOR's territory in conformity with MANUFACTURER's established
marketing policies and programs. DISTRIBUTOR will use its best efforts to sell MANUFACTURER's products
to aggressive, reputable, and financially responsible dealers providing satisfactory consumer service
throughout DISTRIBUTOR's territory. DISTRIBUTOR is authorized to enter into written agreements with its
dealers relating to the purchase, resale and service of MANUFACTURER's products.
MANUFACTURER will cooperate with DISTRIBUTOR and its dealers in providing for continuous and
effective advertising and promotion of MANUFACTURER's products throughout DISTRIBUTOR's territory
and DISTRIBUTOR agrees to participate in, actively promote and faithfully comply with the terms and
conditions of such cooperative advertising and merchandising programs as MANUFACTURER may
establish and offer to DISTRIBUTOR from time to time.
(a) MANUFACTURER's products are sold to DISTRIBUTOR at prices that contemplate that such products
are free from defect in manufacture and workmanship at the time of sale. In the event that any product
is proved to MANUFACTURER's satisfaction to have been defective at time of sale, MANUFACTURER will
make an appropriate adjustment in the original sales price of such product or replace the said product at
its option.
(b) The DISTRIBUTOR shall have the right to claim from the MANUFACTURER for:
1. Quality of the MANUFACTURER's products not covered by a relevant Warranty (including the
completeness or assortment) - within one (1) month from the date of arrival of the shipment at
the port of Manila, Philippines, the cases of damage caused by the carrier are excluded.
2. Quantity of the packed products (including breakage or damage) - within fifteen (15) days from
the date of arrival of the shipment at the port of Manila, Philippines if the packing of the products
is found intact at the place of destination and the carrier or the insurer would not bear the
responsibility for the damage.
3. Quality of the products covered by the Warranty - not later than sixty (60) days (since the date of
claim dispatching) after expiration of the Warranty period provided the defects are detected
within the Warranty period. The cases of damage through carrier's fault are excluded.
(c) Should the DISTRIBUTOR fail to submit a claim within the period as per paragraph (b), it shall not have
the right to refer to arbitration. The claim shall be forwarded from the DISTRIBUTOR to the
MANUFACTURER by a facsimile and coupled with a registered letter together with Claim Report, survey
reports, Bill of Lading, specifications, Quality Certificates, packing lists - in case of internal breakage and
damage, and other documents pertaining to the claim and justifying it.
(d) The Claims Report shall be drawn up with the participation of a MANUFACTURER's representative or
a competent independent control organization in the Philippines. The Claim Report shall contain the
following:
MANUFACTURER will employ its best efforts to fill DISTRIBUTOR's orders promptly on acceptance.
MANUFACTURER shall not be liable for failure to ship MANUFACTURER's products specified in any
accepted order because of strikes, inability to secure transportation facilities or other circumstances
beyond its control. DISTRIBUTOR shall not be liable for failure to accept shipments of products ordered
from MANUFACTURER when such failure is due to strikes or any other cause beyond DISTRIBUTOR's
control, provided MANUFACTURER receives notice in writing to suspend such shipments prior to delivery
to carrier.
This agreement shall continue in full force and effect from and after it has been signed by the parties until
terminated by either party under the provisions on Termination (immediately succeeding paragraph).
XVI. TERMINATION
(a) Either party may terminate this agreement without cause by written notice given to the other party
not less than six (6) months prior to the effective date of such notice.
(b) MANUFACTURER may terminate by notice given to distributor, effective immediately, in any of the
following events: (1) failure of DISTRIBUTOR to fulfill or perform any one or more of the duties, obligations
or responsibilities undertaken by distributor; (2) failure of DISTRIBUTOR for any reason to function in the
ordinary course of business.
In the event either party has any business relations with the other party after termination of this
agreement, such relations shall not be construed as a renewal of this agreement or as a waiver of such
termination, but all such transactions shall be governed by terms identical with the provisions of this
agreement relating thereto unless the parties hereto execute a new agreement superseding this
agreement.
(b) All unshipped orders shall be cancelled without liability of either party to the other;
(c) DISTRIBUTOR will resell and deliver to MANUFACTURER on demand, free and clear of all liens and
encumbrances, such of MANUFACTURER's products and materials bearing MANUFACTURER's name as
MANUFACTURER shall elect to repurchase, at a mutually agreed price, but not in excess of
MANUFACTURER's current DISTRIBUTOR price for such products and materials; and
Except as expressly provided in this agreement, waiver by either party, or failure by either party to claim
a breach, of any provision of this agreement shall not be, or held to be, a waiver of any breach or
subsequent breach, or as affecting in any way the effectiveness of such provision.
XIX. NOTICES
Any notice or order required or permitted by this agreement, or given in connection with it, shall be in
writing and shall be given to the appropriate party by facsimile, personal delivery or by first-class
registered mail, postage prepaid. Notices or orders shall be delivered to or addressed to the legal
addresses of the Parties.
MANUFACTURER: __________________________
__________________________
__________________________
DISTRIBUTOR: __________________________
__________________________
__________________________
The Parties shall make every effort to resolve amicably by direct informal negotiation any disagreement
or dispute arising between them or in connection with performance of this Agreement. In case the Parties
are unable to arrive at an amicable settlement, all disputes and dissents are to be referred to the, without
resort to ordinary courts, for the settlement in duly organized Arbitration Bodies in Sweden. The
arbitration awards shall be final and binding upon the Parties.
Both Parties certify that they understand all the terms, conditions, stipulations and provisions of this
Agreement as drawn up in the English language.
XXIII. AMENDMENTS
Amendments or adjustments to the present Agreement shall only be valid if made in writing and duly
signed by the authorized representatives of the Parties.
MANUFACTURER DISTRIBUTOR
__________________ __________________
(ACKNOWLEDGMENT)
MEMORANDUM OF AGREEMENT
- and -
WHEREAS, the FIRST PARTY is the true and registered owner of a certain parcel of
land, more particularly described as follows:
WHEREAS, the SECOND PARTY is the true and registered owner of a certain parcel of
land, more particularly described as follows:
WHEREAS, the SECOND PARTY had asked for a right of way passing traversing to the
above-described parcel of land belonging to the FIRST PARTY, and the FIRST PARTY is willing
and able to provide and grant a perpetual easement of right-of-way in favor of the SECOND
PARTY on the road described and marked in the Lot Plan herein described and hereto attached as
Annex "A" subject to the terms and conditions herein agreed upon.
The FIRST PARTY hereby authorizes the Office of the Register of Deeds of
_____________ to annotate this agreement at the back of the Transfer Certificate of Title No.
_____________ aforedescribed as a perpetual lien of the real property described therein.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
_____________ at the _____________, Philippines.
FIRST PARTY SECOND PARTY
__________________ __________________
(ACKNOWLEDGMENT)
(Franchise Agreement)
FRANCHISE AGREEMENT
This FRANCHISE AGREEMENT ("Agreement"), made and entered into, by and between:
- and -
W I T N E S S E T H: That -
WHEREAS, FRANCHISEE desires to be granted a franchise and the right to operate one
or more of such FRANCHISOR's Stores using the FRANCHISOR's concept and image under such
terms and conditions set forth under this Agreement.
NOW THEREFORE, for and in consideration of the foregoing and of the mutual
covenants and stipulations hereinafter set forth, FRANCHISOR and FRANCHISEE (hereinafter,
each party will be referred to individually as "Party" and collectively as "Parties") have agreed and
they hereby declare and agree as follows:
II. TERM
A. Unless earlier terminated as herein provided, this Agreement shall be for a term of two
(2) calendar years ("Term") commencing from the date of signing of this Agreement.
This Term may be extended for another two-year period, provided that a notice for
extension has been sent by the FRANCHISEE to FRANCHISOR at least thirty (30)
days prior to the expiration of this Agreement and that at the time of the expiration of
the original or initial two-year period, all of the following conditions have been
complied with:
2. FRANCHISEE shall have paid to FRANCHISOR the required fees then charged
by FRANCHISOR for the renewal of this Franchise;
3. FRANCHISOR has reviewed and is satisfied with the orders and re-orders and/or
wholesale purchases made by FRANCHISEE and compliance with
FRANCHISOR's concept and image and minimum inventory levels.
4. FRANCHISEE has fully settled and paid all monetary obligations that is then or
may be owed to FRANCHISOR.
III. EXCLUSIVITY
A. General Scope. During the term of this Agreement, FRANCHISEE will have the
exclusive right to establish and operate only such number of FRANCHISOR Stores in
the Area and for the agreed Term as may be modified from time to time upon prior
written approval of FRANCHISOR.
B. Right of First Refusal. If during the term of this Agreement, FRANCHISOR or an
interested third party wishes to open additional FRANCHISOR Stores within or near
the Area, then the FRANCHISEE shall have the right of first refusal with respect to
such opportunity, provided that FRANCHISEE satisfactorily meets the Mandatory
Ordering Requirements as provided for herein, and is otherwise complying with the
terms and conditions of this Agreement. Provided, however, that if the FRANCHISEE
decides to exercise its right to open and operate the additional FRANCHISOR Store
mentioned herein above, then the FRANCHISEE must inform FRANCHISOR in
writing of such decision within ten (10) days from receipt of the notice from
FRANCHISOR of the intent to open an additional FRANCHISOR Store. Provided,
further, the FRANCHISEE must pay the required up front fees and open the additional
FRANCHISOR Stores within sixty (60) days from the date FRANCHISEE notified
FRANCHISOR of its decision to open and operate the additional FRANCHISOR
Store. Otherwise, FRANCHISEE shall be considered to have automatically waived its
right to establish said addition FRANCHISOR Stores.
A. FRANCHISOR's Store Concept and Design. FRANCHISEE shall at its own cost and
expense establish, set up and maintain each FRANCHISOR Store fully complying with
the FRANCHISOR store concept and design as indicated in the plan, specification and
lay-out provided for by FRANCHISOR. The initial guidelines for the FRANCHISOR
store concept and design are described in Exhibit "A" attached hereto and made an
integral part of this Agreement. FRANCHISEE agrees to comply with any changes
and/or modifications as may be made by FRANCHISOR to bring the FRANCHISOR
Store up to set specifications as determined by FRANCHISOR.
B. Music. The FRANCHISEE shall ensure that as part of the concept and image of each
FRANCHISOR Store, only the music of _____________ or such other artist as may be
prescribed by FRANCHISOR shall be played in the FRANCHISOR Store.
C. Furniture, Fixtures and Paraphernalia. The FRANCHISEE shall use only such
furniture, fixtures and paraphernalia that are in accordance with the concept and image
of FRANCHISOR. The FRANCHISEE shall have the option to purchase the standard
FRANCHISOR Store furniture, fixtures and paraphernalia listed herein as Exhibit "B"
and made an integral part of this Agreement, from FRANCHISOR and/or its duly
authorized suppliers or from local suppliers, as long as these items conform to
FRANCHISOR specifications.
D. Uniforms. The FRANCHISEE shall require all sales staff to weal the standard and
complete sets of uniforms including shoes and accessories as may be imposed by
FRANCHISOR from time to time. The FRANCHISEE shall also be required to
maintain one complete set of uniforms as "buffer" stock.
B. The FRANCHISEE expressly agrees that this Up-front Franchise Fee shall be non-
refundable and is deemed to be earned upon the execution of this Agreement by
FRANCHISOR.
C. This Franchise Fee shall be valid only for the initial term of this Agreement and shall
not include or extend to any renewal of this Agreement.
VI. TRAINING
C. Costs and Fees. FRANCHISEE shall pay FRANCHISOR an up-front fee at least thirty
(30) days prior to the Initial Training or the Supplemental Training Programs such
reasonable costs and fees as indicated in Exhibit "C" hereto attached and made an
integral part of this Agreement.
D. Expenses. FRANCHISEE shall be responsible for the travel and living expenses
(including per diem, meals & transportation expenses) incurred by, and any
compensation of, any and all persons providing and attending any of the Initial and
Supplemental Training programs.
A. FRANCHISOR shall provide the FRANCHISEE during the term of this Agreement
with a manual containing information relative to the proper operation of each
FRANCHISOR Store ("FRANCHISOR Manual of Operations"). The FRANCHISOR
Manual of Operations shall also be known as "FRANCHISOR Franchise Guide". The
FRANCHISEE shall pay FRANCHISOR an up front fee or simultaneously upon
execution of this Agreement the non-refundable amount of
__________________________ (P_____________), Philippine Currency.
B. The FRANCHISEE shall diligently and faithfully conduct all operations of each
FRANCHISOR Store under the Agreement in accordance with the FRANCHISOR
Manual of Operations. The FRANCHISEE undertakes to keep and maintain the
contents of the Manual of Operations to be strictly confidential. It is hereby agreed by
the FRANCHISEE that the FRANCHISOR Manual of Operations and its contents shall
remain exclusive intellectual property of the FRANCHISOR. The FRANCHISEE will
not by itself or its employees nor authorize third parties to duplicate, photocopy or
otherwise reproduce the FRANCHISOR Manual of Operations or any part thereof
without the express written consent of FRANCHISOR.
E. It is hereby agreed and understood that in the event the FRANCHISEE operates more
that one FRANCHISOR Store, subsequent FRANCHISOR stores may maintain and
use copies of the original FRANCHISOR Manual, reproduced after securing
FRANCHISOR's written approval.
VIII. ADVERTISING
A. FRANCHISOR may provide the FRANCHISEE with advertising and marketing
advice, guidance and support as FRANCHISOR deems necessary. FRANCHISOR will
have the sole discretion over the creative concepts, materials and endorsements used
and the geographic, market and media placement and allocation of any programs
provided. FRANCHISOR shall strictly adopt and adhere to the window dressing
concept that FRANCHISOR shall impose for each calendar month or such other period
or season as FRANCHISOR shall designate. Reasonable costs and expenses incurred
for such advertising materials shall be for the account of the FRANCHISEE.
B. FRANCHISEE shall first secure the written approval of FRANCHISOR before (a)
using any advertising and/or marketing materials; and (b) undertaking any marketing
or promotional activities at its own initiative. Billboards may be installed in strategic
locations mutually agreed upon by FRANCHISOR and FRANCHISEE, with the
understanding that FRANCHISOR will shoulder the cost of production of said signage
and FRANCHISEE will shoulder the board space rental of same.
A. FRANCHISEE shall, at its own expense and for its exclusive account, obtain all
governmental approvals and consents including licenses and permits that are necessary
to operate the business of the FRANCHISOR Stores in the Area. FRANCHISEE shall
indemnify and hold FRANCHISOR free and harmless for any liability, penalty, fees
and charges arising from any delay or failure to secure or obtain such licenses and
permits.
D. FRANCHISEE will use in the operation of each FRANCHISOR Store only those types,
makes and models of equipment, fixtures, furnishings and signs that FRANCHISOR
has supplied, specified or approved in writing. FRANCHISOR reserves the right to
designate or approve one or more third party as supplier for goods and services for use
at each FRANCHISOR Store which FRANCHISOR cannot supply.
E. FRANCHISEE will observe and comply with at all times the various laws, rules and
regulations issued by the different government authorities in connection with its
operations such as, but not limited to, (a) labor, (b) health and sanitation, (c) taxes,
licenses, permits and fees, (d) social security system, Medicare and employee
compensation, (e) environmental, (f) and such related areas affecting the business
operating the FRANCHISOR Stores. FRANCHISEE shall hold FRANCHISOR free
and harmless from liability arising from any of the foregoing.
F. FRANCHISEE will not make any material alterations to any FRANCHISOR Store, its
equipment, fixtures, furnishings and signs, or to the appearance of each FRANCHISOR
Store, without securing the prior written approval of FRANCHISOR.
G. FRANCHISEE will operate FRANCHISOR Store seven (7) days a week following
strictly the required Store Operations hours, that is 10:00 a.m. - 9:00 p.m. for
independent stores or based on Mall time for stores located inside a Mall. Plans on not
opening a Store for a particular day should be with prior notice to FRANCHISOR.
H. Window Dressing. FRANCHISEE shall strictly adopt and adhere to the window
dressing concept that FRANCHISOR will impose from time to time. FRANCHISEE
must immediately implement such window dressing concept imposed by
FRANCHISOR to maintain uniformity with all existing FRANCHISOR Stores in
operations.
I. FRANCHISEE should not come up with any Promo Materials such as banners,
signages, leaflets, brochures without consulting FRANCHISOR. All designs should be
based upon the written instructions or otherwise approved by FRANCHISOR.
L. Invoices. FRANCHISEE shall submit to FRANCHISOR for approval all sales invoices
to be used in the operations of FRANCHISOR Stores in order to conform to the
standard invoice design of FRANCHISOR, as indicated in Exhibit "D" hereto attached
and made an integral part of this Agreement.
B. Order Form. All orders by the FRANCHISEE shall be made in writing and shall, at
the option or sole discretion of FRANCHISOR, be accepted or rejected in writing, in
full or in part, for any reason whatsoever. FRANCHISOR has the option to prescribe a
particular order form to be used by the FRANCHISEE
E. Running Inventory. Subsequent to the Initial Order, the FRANCHISEE shall maintain
a running inventory of at least two (2) months projected sales amounting to
__________________________ (P_____________).
F. Inventory Allocation. In order to maintain the image desired by the FRANCHISOR for
each FRANCHISOR Store with regards to the allocation of FRANCHISOR's Products
available for sale, it is hereby agreed that subsequent to the Initial Order, the inventory
allocation for any purchase order for any given month shall be in accordance with the
following distribution:
G. Cancellation. FRANCHISEE shall not be allowed to cancel any order that has already
been accepted by FRANCHISOR, whether before of after its shipment.
FRANCHISOR, however, upon given notice may cancel an order due to ordering
limitation or problem and FRANCHISEE should therefore make another amounting to
the cancelled order in order to fill in the POC.
I. No Warranties. No warranties, either express or implied, are made with respect to the
FRANCHISOR's Products sold and delivered to the FRANCHISEE.
_____________
_____________
_____________
B. Terms and Payment of FRANCHISOR's Products. The Initial Order shall be paid up
front upon execution of this Agreement.
E. Furniture, Fixture & Paraphernalia, Initial Training Fee and Uniforms. Upon
execution of this Agreement, FRANCHISEE shall pay to FRANCHISOR in MC, the
full cost or amount due to paraphernalia, training fee and uniforms. Any subsequent
order shall be on Cash on Delivery (COD) FRANCHISOR via MC or FRANCHISEE's
Company Check.
H. Penalty. In the event that FRANCHISEE fails to pay any amount due to the
FRANCHISOR for whatever reason, including the issuance of bounced checks, such
amount shall be subject to an interest rate of Two Percent (20%) per month
compounded monthly until the same has been satisfactorily paid. This is without
prejudice to whatever civil or criminal action or remedies that FRANCHISOR may
avail of against FRANCHISEE.
A. FRANCHISEE shall sell the FRANCHISOR's Products at retail to the public strictly
at the fixed prices indicated in the Current List Price to be specified by the
FRANCHISOR.
B. FRANCHISEE shall not sell the FRANCHISOR's Products at a discount or hold any
promotional "sale" or "sale event" or sell at "markdown" (i.e., sell for a retail price that
is lower than the Current List Price) unless such discount, sale or markdown has been
previously authorized in writing by the FRANCHISOR for uniform implementation
with other FRANCHISOR Stores outside the Area.
XIV. EMPLOYEES
A. Qualified and Competent Personnel. FRANCHISEE shall hire such minimum number
of qualified and competent managers and employees for each FRANCHISOR Store to
operate the FRANCHISOR Store in accordance with this Agreement and as prescribed
in the FRANCHISOR Manual of Operations. FRANCHISEE will be exclusively
responsible for the terms and conditions of said employees' employment and
compensation.
B. There is no employer-employee relationship established between FRANCHISOR and
the managers and employees hired by FRANCHISEE. FRANCHISEE shall hold
FRANCHISOR free and harmless from any suit or claim filed by such managers and
employees.
E. FRANCHISEE shall terminate the services of any employee who is found not to be
conforming to the FRANCHISOR marketing concept and image of FRANCHISOR
and the FRANCHISOR Manual of Operations.
F. FRANCHISEE shall be responsible for insuring that its managers and employees will
undergo the mandatory Initial and Supplemental Training programs as provided in this
Agreement.
B. FRANCHISOR will have no liability for any national, provincial and local income
taxes, withholding taxes, including withholding taxes on employees and corporate,
excise or value added taxes, real and personal property taxes, duties, imports and other
taxes and governmental charges, arrears or levies, and any related interests or penalties,
whether levied upon FRANCHISEE or FRANCHISEE's assets, or upon
FRANCHISOR in connection with services performed or business conducted by
FRANCHISEE under this Agreement ("Taxes"). Payment of all such Taxes shall be
the exclusive responsibility of the FRANCHISEE.
XVI. INDEMNIFICATION
A. FRANCHISEE agrees to indemnify and hold FRANCHISOR and its successors and
assignees "Indemnified Parties") fee and harmless against any losses and expenses that
FRANCHISEE or the Indemnified Parties may suffer, sustain or incur and which arise
out of or in relation to (a) any act or failure to act by the FRANCHISEE or
FRANCHISEE's officers or employees or any person controlled by or under contract
with FRANCHISEE; (b) the operation of any of the FRANCHISOR Stores not in
compliance with this Agreement
XVII. INSURANCE
A. The FRANCHISEE shall, at all times during the term of this Agreement, maintain, at
FRANCHISEE's expense, a general liability insurance for all the FRANCHISOR
Stores covered by this Agreement.
B. The FRANCHISEE shall, at all times during the term of this agreement maintain at the
FRANCHISEE's expenses, a Fire Insurance cover up to
__________________________ (P_____________) (equivalent to the required 3
months inventory level) which may be increased as the agreed monthly sales of the
FRANCHISEE are also increased.
A. The Parties agree that the happening of any of the following events shall constitute a
material breach of this Agreement and violates the essence of FRANCHISEE's
obligation, and, without prejudice to any of its other rights or remedies at law or in
equity, FRANCHISOR, at its election, may terminate this Agreement:
(a) FRANCHISEE fails to secure the necessary governmental approvals and consents within
an unreasonable length of time from the date of the execution of this Agreement or fails to
operate any FRANCHISOR Store in accordance with the FRANCHISOR Manual of
Operations or with this Agreement.
(b) FRANCHISEE sells goods, products and services other than FRANCHISOR's Products.
(c) FRANCHISEE diverts any FRANCHISOR's Products purchased for resale at the
FRANCHISOR Stores at the Area or sells the same at any other retail store or other location
outside the Area, or at wholesale.
(d) FRANCHISEE fails to meet the mandatory Ordering Requirements particularly the POC
for 3 consecutive quarters.
(e) Failure of the FRANCHISEE to pay to FRANCHISOR any amount owing to the
FRANCHISOR at least thirty (30) days after the date such payment is due.
(f) If the FRANCHISOR Store being operated by the FRANCHISEE under this Agreement is
rendered inoperable by any fortuitous event or casualty, and FRANCHISEE fails to rebuild
and reopen the FRANCHISOR Store within a reasonable period or time thereafter.
(h) If any money judgment against the FRANCHISEE or any national or local tax lien against
the FRANCHISEE's property shall remain unsatisfied or unbonded of record for thirty (30)
days or longer.
(i) FRANCHISEE shall cause, suffer or permit (voluntarily or involuntarily) his right of
possession as lessee or sub-lessee of the premises on which the FRANCHISOR Store being
operated is located to be terminated for any cause whatsoever.
(j) Failure on the part of the FRANCHISEE to cause an employee, while working in the
FRANCHISOR Store to:
(i) wear uniforms of such color, design and other specifications as FRANCHISOR
may designate from time to time;
(a) Any unauthorized purchase and/or use of furniture, paraphernalia, equipment and signs for
any FRANCHISOR Store that is not in accordance with the standards and specifications
of the FRANCHISOR.
(b) Any unauthorized disclosure of any confidential information or the whole or any part of
the FRANCHISOR Manual of Operations.
(i) makes any alteration in the setting up, concept, design or image of an
FRANCHISOR Store;
(a) FRANCHISEE permits a termination of any contract or agreement material for the
continuous operation of a FRANCHISOR Store by the FRANCHISEE under this
Agreement.
(c) FRANCHISEE engages directly or indirectly in any business or markets any goods,
products or services under a name or mark which, in FRANCHISOR's opinion, is
confusingly similar to the image and concept of FRANCHISOR Stores, and does not cease
such business within thirty (30) days after written notice is delivered to the FRANCHISEE.
(d) FRANCHISEE is convicted of any offense involving moral turpitude; provided, that if
FRANCHISEE is a corporation or a partnership, this Agreement may be terminated if the
President, Chairman, General Manager or one of the partners is convicted of said crime.
B. The purchase price for the repurchase of inventory and/or assets of the FRANCHISOR
Store of the FRANCHISEE shall be no more than ninety percent (90%) of the original
invoice cost charged to FRANCHISEE less any amount still owed by the
FRANCHISEE to the FRANCHISOR; provided that FRANCHISEE shall pay all
freight or delivery costs in connection with the shipment or delivery of the salable
inventory to such location as FRANCHISOR may designate.
(a) FRANCHISEE is executing this Agreement for FRANCHISEE's own account for
the operation of one or more FRANCHISOR Stores, and not for the purpose or
resale or redistribution or other speculative matter;
(b) All information provided to FRANCHISOR to induce FRANCHISOR to grant the
Franchise under this Agreement was true, correct, complete and accurate as of the
date made, and as of the date of this Agreement no material change has occurred
with respect to such information.
(c) FRANCHISEE's execution, delivery and performance of this Agreement does not
violate or constitute a breach under any agreement or commitment of
FRANCHISEE;
A. FRANCHISEE may terminate this Agreement at any time effective One Hundred
Twenty (120) days after written notice to FRANCHISOR of FRANCHISEE's election
terminate.
A. Upon termination of this Agreement for any reason, FRANCHISEE hereby agrees:
(a) To immediately liquidate any and all of its outstanding monetary obligations to
FRANCHISOR;
(c) To cease and desist from operating or doing business under any name or in any
manner that might tend to give the general public the impression that this
Agreement is still in force of that the FRANCHISEE is still connected in any way
with FRANCHISOR or has any right to use the FRANCHISOR Manual of
Operations;
XXIII. CONFIDENTIALITY
A. From the date of hereof until three (3) years after the termination hereof, neither Party
shall divulge or communicate to any third party or use or exploit for any purpose
whatsoever any of the trade secrets or confidential information belonging to or in
relation to the other Party received or obtained as a result of entering into this
Agreement.
(a) shall not apply to information which at the time of disclosure is in the public domain
or is in the possession of the party to whom it is disclosed by reason of disclosure
from an independent third party or otherwise than as a result of entry into this
Agreement;
(b) shall not preclude the disclosure of information to officers or persons professionally
engaged by FRANCHISEE for the purpose of executing this Agreement or
operating the FRANCHISOR Stores under this Agreement;
(c) shall not preclude the disclosure of information to the extent that disclosure is
required or ordered by any applicable law or competent judicial, governmental or
other similar authority or agency;
(d) shall cease to apply to information which subsequent to disclosure falls into the
public domain (otherwise than by a party in breach of this Section) or is lawfully
acquired through independent means by the party to whom it has been disclosed.
B. Neither Party shall use any technical and business information given by other Party for
any other purpose that the performance of this Agreement.
A. This Agreement shall inure to the benefit of the successors and assigns of
FRANCHISOR.
B. The rights and duties created by this Agreement are personal to the FRANCHISEE,
and FRANCHISOR has granted this Franchise in reliance on the individual or
collective character, skill, aptitude and business and financial capacity of the
FRANCHISEE. Any person with an interest in FRANCHISEE shall not, without
FRANCHISOR's prior written consent, directly or indirectly sell, assign, transfer,
convey, give away, pledge, mortgage, or otherwise encumber any interest in this
Franchise or any direct or indirect controlling interest in the FRANCHISEE. Any such
purported assignment occurring by operation of law or otherwise without the written
consent of FRANCHISOR shall constitute a default of this Agreement, and shall be
null and void.
C. At no time during the term of this Agreement or any renewals hereof shall
FRANCHISEE offer, without FRANCHISOR's prior written consent, any interest in
this Franchise, the business conducted hereunder, or in any of the equipment,
furnishings, paraphernalia, or personal property used in connection therewith, for sale,
transfer or assignment.
(i) The assignor has duly executed a general waiver, release and quitclaim in a manner
or form then prescribed by FRANCHISOR of any and all claims against
FRANCHISOR;
(ii) The assignee has demonstrated to FRANCHISOR's satisfaction that it meets all of
FRANCHISOR's then current requirements for a new FRANCHISEE or for holders
of an interest in a franchise, including, without limitation, possession of good moral
character and reputation, satisfactorily credit ratings, acceptable business
qualification, and the ability to comply fully with the terms of this Agreement; and
(iii) The assignee executes such other documents as FRANCHISOR may require in
order to assume all of the obligations of this Agreement, to the same extent, and
with the same effect, as previously assumed by the assignee.
(i) FRANCHISEE is not in default hereunder, and all of its accrued monetary
obligations to FRANCHISOR have been paid or satisfied;
(ii) The assignee had entered into a written assignment in a manner prescribed by
FRANCHISOR, assuming and agreeing to discharge al of FRANCHISEE's
obligations;
(iii) In the sole discretion of FRANCHISOR, the assignee, its manager, if any, and its
other key employees responsible for the operation of the FRANCHISOR Stores
have satisfactorily completed such training programs as FRANCHISOR may then
require;
(iv) The assignee has executed or in appropriate circumstances caused all necessary
parties to execute, FRANCHISOR's then current standard form of Franchise
Agreement (and such other then current ancillary agreements as FRANCHISOR
may require), for a term ending on the date of expiration of this Agreement or any
renewal hereof.
(a) Any consent given by FRANCHISOR to transfer any interest subject to the restrictions
of this Section shall not constitute a waiver of any claim FRANCHISOR may have against
the assignor or FRANCHISEE, as the case may be, not shall it be deemed a waiver of the
right of FRANCHISOR to demand exact compliance with any of the terms of this
Agreement.
A. Section Headings. The Section headings contained herein are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Agreement.
B. Entire Agreement. This Agreement constitutes the entire understanding and agreement
of the parties relating to the subject matter contained herein and cancels and supercedes
previous agreements, negotiations and understandings among all the parties. Any
matter which is not stipulated herein shall be discussed and agreed upon in writing by
the parties hereto.
C. Severability. If one or more of the provisions of this Agreement shall be held invalid,
illegal or unenforceable, the remaining provisions contained herein shall remain in and
shall be given full force and effect.
F. Waiver. Failure of a Party at any time to require performance by the other Party of any
provision of this Agreement shall in no way affect the right of such Party to require
performance of that or any other provision, and any waiver by such Party of any breach
of this Agreement shall not be construed as a waiver of any continuing or succeeding
breach of such provisions, a waiver of the provision itself or a waiver of any other right
under this Agreement.
I. Best Efforts. FRANCHISEE shall diligently and fully exploit his or its right in this
Agreement by devoting his or its best efforts. FRANCHISEE shall refrain from being,
directly or indirectly, involved in conflicting enterprises or any activities which would
be detrimental to or seriously interfere with the business contemplated under this
Agreement.
A. Neither Party shall be in default of its delay in the performance or failure to perform
any of its obligations under this Agreement, when and if the delay or failure arises from
a cause which is beyond the reasonable control of the party failing to perform ("Force
Majeure"). Such Force Majeure (which includes, inter alia, acts of God, war, civil
commotion, fire, natural disaster) would suspend the fulfillment of the obligations
under this Agreement. Upon occurrence of any of the above-enumerated events, the
Party being affected by such event shall, without delay, notify the other Party in writing.
If the Force Majeure lasts for more than three (3) months, FRANCHISOR shall have
the right to terminate this Agreement.
XXVII. NOTICES
FRANCHISOR FRANCHISEE
__________________ __________________
(ACKNOWLEDGMENT)
PRE-NUPTIAL AGREEMENT
1. That the parties hereto are about to enter into a contract of marriage, tentatively scheduled
to take place on _____________;
2. That they hereby mutually agree that their property relations as future spouses shall be
under the regime of COMPLETE SEPARATION OF PROPERTY during the marriage;
3. That all the property, real and personal, now owned or here after to be owned by the future
wife, _____________, shall remain to be her own exclusive and separate property, subject
to her sole disposition, administration, and enjoyment; while those of the future husband,
_____________ shall likewise remain to be his own absolute ownership, disposition, and
administration;
4. That all earnings from any profession, business, or industry shall likewise belong to each
future spouse;
5. That each future spouse shall proportionately bear the family expenses, including the
rearing and education of future children that may be begotten or that may be adopted during
the marriage;
6. That this agreement shall take effect upon the celebration of the marriage.
IN WITNESS WHEREOF, the parties hereto have signed their names this
_____________ at _____________, Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
__DATE__
______NAME OF CLIENT_________
_______________________________
_______________________________
Subject: Contract for Photo & Video Coverage Services
Sir / Madam:
We are very pleased to propose the following arrangement between you and our company in
connection with your WEDDING (BIRTHDAY, ETC.) CEREMONY on _____________ at the _____________,
Philippines:
1. Coverage: _____________ Video Services, Inc. shall be responsible in documenting the above-
mentioned affair in PHOTOGRAPHS and VIDEOTAPE from the dressing of the bride, the actual wedding
ceremony, and the reception banquet. And in particular, this wedding package shall include the
following:
__________________________
__________________________
__________________________
2. Service Fee: _____________ Pesos (P_____________) only, which shall be payable as follows:
P_____________ - as Full Payment of the Balance payable upon delivery of the products
(edited video tapes and photographs).
3. Limitation of Liability: The nature of our services is subject to special risks like brownouts, machine
& equipment breakdowns, accidents and other unavoidable circumstances. And since we maintain
low competitive prices for all our services, we are not therefore insurers of any fortuitous or
unavoidable circumstances that may result in the loss or damage of the material. In this case, you
expressly agree that our liability shall be limited to the following:
a. In case of loss, damage or defect in all or some of the negatives, in such a way that no still
pictures can be printed out, then you agree that _____________ Video Services, Inc. will
deliver a set of Videoprints as substitute for the pictures;
b. In case no videoprints can be made and delivered by _____________ Video Services, Inc.,
then the latter's liability shall be limited to the refund of all money that you have paid;
c. In case of any defects in the edited video, then _____________ Video Services, Inc. will try to
remedy the same in accordance with your desires. However, if the same could no longer be
remedied, then the liability of _____________ Video Services, Inc. shall be limited to the
refund of all money that you have paid;
d. In case of refund of your payments, all the pictures, tapes and negatives shall become the
property of _____________ Video Services, Inc..
1. Insurance Package: If you wish to cover a greater value than just the refund of payments made in
case of breakdown of equipment, loss or damage of the negatives, pictures or video, then
_____________ Video Services, Inc. can arrange an insurance package for you subject to the payment
of higher service fee to cover the payment of insurance coverage.
Should the foregoing terms and conditions be acceptable to you, please indicate your conformity
by signing on the space provided below for this purpose and this document shall constitute our Contract
for Photo & Video Coverage Services. We look forward to a mutually beneficial relationship and should
you have any questions regarding the foregoing, please do not hesitate to see us or call us at our office.
Regards.
By:
MANAGER
CONFORME:
__Name of Client__
(Contract of Pledge)
CONTRACT OF PLEDGE
- and -
WITNESSETH: That -
WHEREAS, the PLEDGOR has executed in favor of and delivered to the PLEDGEE a
promissory note for the amount of __________________________ (P_____________), a copy of
which is attached hereto as Annex "A" and is made an integral part of this Agreement;
WHEREAS, the PLEDGOR has agreed to secure payment of said note by the pledge of
several personal properties, more particularly described as follows:
NOW, THEREFORE, for and in consideration of the foregoing premises and the
stipulations here following, the PLEDGOR does hereby deliver to the PLEDGEE the above-listed
and described personal properties under pledge as security for the payment of the above-mentioned
promissory note and the interest and penalties thereon accruing.
In the event of the failure of the PLEDGOR to pay the said note, or any part thereof, or the
interest or penalty thereon accruing, or any part thereof on or before _____________, the
PLEDGEE is hereby authorized to foreclose this pledge upon the said personal properties hereby
created by selling, the same at public or at private sale with or without notice to the PLEDGOR,
at which sale the PLEDGEE may be the purchaser at his option.
Upon the payment of the said note and interest in full, the PLEDGEE will, on demand of
the PLEDGOR, redeliver to him the said personal properties.
IN WITNESS WHEREOF, the parties have hereunto set their hands, this _____________
at _____________, Philippines.
PLEDGOR PLEDGEE
__________________ __________________
(ACKNOWLEDGMENT)
www.attyralph.com
1. DEFINITIONS:
(a) "SOFTWARE" - refers to the computer program Everyone's Legal Forms, A Program and Compilation by
Atty. Ralph A. Sarmiento;
(c) "CD Key" - the CD Key printed on the face of the original Installation CD which is needed to register the
SOFTWARE;
(d) "Lock Code" - the unique code generated by a computer where the SOFTWARE is installed. The Lock
Code locks the full features of the SOFTWARE until a valid Activation Code is entered;
(e) "Activation Code" - the Code supplied by the Programmer that is required to unlock the full features of
the SOFTWARE.
2. PERMITTED USES & LIMITATIONS. The CD Key printed on the SOFTWARE Installation CD-ROM may be used to
register only once. The Programmer will entertain request for an Activation Code only once for each unique CD
Key that comes with every sealed genuine copy of the SOFTWARE Installation CD-ROM. Once a CD Key is used
to register a copy of the SOFTWARE, it becomes invalidated and the SOFTWARE may be re-installed in the same
computer unit or installed and activated in another computer unit only upon new registration and payment of
a Software Activation Fee at the prevailing rate published at www.attyralph.com. Installing the SOFTWARE in a
new harddisk or in the same but reformatted harddisk will result in the invalidation of the Activation Code and
will require new registration and payment of the Software Activation Fee aforementioned.
If you are not the original purchaser of the sealed genuine copy of the SOFTWARE Installation CD-ROM or you
only borrowed your copy from the original purchaser, you can still install and use the SOFTWARE but only upon
registration and payment of the Software Activation Key mentioned in the immediately preceding paragraph.
The Activation Code supplied by the Programmer may be used only in the particular computer unit which
generated the Lock Code submitted to the Programmer upon registration.
3. USES NOT PERMITTED. YOU MAY NOT copy, decompile, reverse engineer, reverse assemble, disassemble,
reverse translate, electronically decompile, modify, rent, lease, loan, or create derivative works or
improvements from the Software, or any portion thereof, or otherwise attempt to discover any source code of
the SOFTWARE's Binary Object Code.
YOU MAY NOT sell, lease, loan, distribute, transfer, or sublicense the SOFTWARE or license thereto, whether for
direct commercial or monetary gain or otherwise, without the Programmer's prior, express, written permission.
You may not copy or distribute the SOFTWARE for commercial purposes or for a fee without being appointed a
dealer or distributor for a particular area.
4. BACKUP COPY. You may make one (1) copy of the SOFTWARE solely for your own backup purposes but in no
case shall the copyright notices be removed. You must maintain an accurate record of the location of the backup
copy at all times.
5. COPYRIGHT NOTICE. This SOFTWARE is protected by Philippine Intellectual Property Laws and International
Intellectual Property Conventions. Everyone's Legal Forms, Crawler Technologies, Crawler product names, logos,
and other support materials are copyrighted, patented, trademarked, or are otherwise proprietary to the
Programmer. You agree never to remove any such notices and product identifications.
The Programmer, however, does not claim copyright, authorship, or ownership over the Legal and Government
Forms contained in the SOFTWARE. You may freely edit, modify, alter, and use them AT YOUR OWN RISK.
MS Word is a registered trademark of Microsoft Corporation, while Acrobat Reader is a registered trademark of
Adobe Systems Incorporated.
6. TERM. This License Agreement is effective until terminated. You may terminate this License Agreement by
destroying, deleting or uninstalling the SOFTWARE or your copies thereof. This License Agreement will also
terminate if you fail to comply with any term or condition herein. Upon termination, there will be no refund of
any monies or other consideration paid by you to the Programmer or his Licensed Distributors or Dealers.
7. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE IS WITH YOU.
The Programmer does not warrant that the functions contained in the SOFTWARE will meet your requirements
or expectations or that the operation of the SOFTWARE will be uninterrupted, error free or bug free.
Due to the dynamism of law and jurisprudence, especially of the fast changing procedures and requirements of
courts, tribunals, quasi-judicial bodies, administrative offices, department and agencies of the governments, the
Programmer makes no warranty as to the validity, correctness, usefulness or acceptability of the Legal and
Government Forms contained in the SOFTWARE. To ensure that you have the latest Government Forms, check
and download directly from the concerned government official websites and download pages.
The legal and government forms contained in the software are general samples only and are not intended to
provide legal advice. To ensure the validity and acceptability of the Legal and Government Forms contained in
the SOFTWARE, you must CONSULT AN ATTORNEY-AT-LAW BEFORE USING THEM. Use of the said forms shall
be AT YOUR OWN RISK. IN NO CASE shall the Programmer be held responsible or liable for any damage, harm
or injury that may arise from the use of the said Legal or Government Forms.
8. LIMITATION OF REMEDIES. IN NO EVENT will the programmer or his dealers or distributors be liable to
you for any damages, including any lost profits, lost savings or other incidental or consequential
damages arising out of the use or inability to use the software even if the programmer or his
authorized representative has been advised of the possibility of such damage.
9. UPDATE POLICY. The Programmer may, at his sole discretion, advise you of, and license your use of PRODUCT
UPDATES and NEW RELEASES of the Software at the current prices for such PRODUCT UPDATES and NEW
RELEASES. ALL PRODUCT UPDATES and NEW RELEASE which are provided to you shall be governed by the same
terms of this License Agreement. The Programmer reserves the right to charge fees for future updates to or
releases of the SOFTWARE, at his sole discretion. If the Programmer decides to charge fees for future updates
or releases, such charges and their rates shall be published at www.attyralph.com.
10. MISCELLANEOUS. This License Agreement shall be governed exclusively by the laws of the Republic of the
Philippines, and shall inure to the benefit of the Programmer's heirs, successors, and assigns. Any legal action
arising from, or regarding, the subject matter of this License Agreement shall be initiated or filed exclusively and
only before the proper courts of the City of Bacolod, Philippines, to the exclusion of all other venues.
In the event that one or more of the provisions contained in this Agreement shall be invalid, illegal or
unenforceable in any respect under any applicable statute or rule of law, then such provision shall be considered
inoperable to the extent of such invalidity, illegality or unenforceability and the remainder of this Agreement
shall continue in full force and effect.
11. acknowledgment. BY INSTALLING AND USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTOOD THIS AGREEMENT IN ITS ENTIRETY, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT
BETWEEN THE PARTIES AND SUPERSEDES ALL REPRESENTATIONS, PROPOSALS OR PRIOR AGREEMENTS, ORAL
OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT.
12. CONTACTING THE PROGRAMMER. You may contact the Programmer at:
Website: www.attyralph.com
Email: attyralph@gmail.com
2. That by these presents, I hereby declare and acknowledge that I am holding the aforesaid
shares listed in my name as a nominal shareholder and in-trust for _____________,
Filipino, of legal age and a resident of Bacolod City, Philippines.
3. That the true and beneficial owner of the aforesaid shares of stocks is _____________ and
as such, I am executing this Deed of Acknowledgment of Trust to attest to the truth of the
foregoing and agree to the recording of all necessary entry in the corporate books of the
corporation to reflect the true ownership of the aforementioned shares of stocks.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the City
of _____________, Philippines.
TRUSTEE
__________________ __________________
(ACKNOWLEDGMENT)
DEED OF RECONVEYANCE
KNOW ALL MEN BY THESE PRESENTS:
- in favor of -
WITNESSETH:
WHEREAS, the TRUSTEE is the registered owners of a certain parcel of land situated in
_____________, more particularly described as follows:
WHEREAS, the TRUSTEE is merely holding the above-described property in trust for
the true and real owner of the afore-described parcel of land who is the TRUSTOR as duly
acknowledged by the TRUSTEE in a document entitled "Deed of Acknowledgment of Trust"
executed on _____________ and registered Doc. No. ______, Page No. ______, Book No.
______, Series of ______ in the Notarial Register of Notary Public _____________, a machine
copy of which is hereto attached as Annex "A" and made integral part of this deed.
__________________ __________________
(ACKNOWLEDGMENT)
(Trust Receipt)
TRUST RECEIPT
I further undertake (a) to hold the said articles IN TRUST for __(Name of Entrustor)__; (b)
to be responsible for the loss of, or damage to, the said articles for whatever cause or reason; (c) to
sell the articles and receive the proceeds thereof in trust for __(Entrustor)__ and to turn over and remit
the same to __(Entrustor)__ in the total amount as above-stated on or before _____________ OR to
return the said articles in good and merchantable condition to __(Entrustor)__ in the event of their
non-sale on or before _____________.
ENTRUSTEE
(ACKNOWLEDGMENT)
- and -
W I T N E S S E T H:
WHEREAS, the GRANTOR is the true and registered owner of a certain motor vehicle,
more particularly described as follows:
WHEREAS, the GRANTOR desires to give the GRANTEE the right of usufruct over the
aforedescribed motor vehicle with the latter having the full right to the possession, use and
enjoyment of the said motor vehicle in return for it assuming the obligation to shoulder the yearly
registration fees, insurance, and other charges over the said motor vehicle, as well as the obligation
to make the necessary maintenance and repairs to preserve the vehicle during the lifetime of the
usufruct.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants and
stipulations hereinafter set forth, the GRANTOR hereby transfers and conveys unto the
GRANTEE by way of USUFRUCT the aforedescribed motor vehicle, subject to the following
terms and conditions:
1. This grant of Usufruct shall be valid and binding during the entire lifetime of the
GRANTEE subject to the condition that (he/she) shall actually retain possession and
control of the motor vehicle covered by the grant;
2. The GRANTEE shall pay and be liable for all registration fees, insurance, taxes, licenses,
permits, duties, levies and such other charges as the Government or any of its
instrumentalities and agencies may impose by reason of the use and operation of the motor
vehicle and/or arising out of this agreement and its implementation;
3. The GRANTEE may make improvements on the motor vehicle subject of this grant and
may make any addition, alteration or improvements on the vehicle without the prior
approval of the GRANTOR provided such additions, alterations or improvements is
necessary in the safe and proper operation of the vehicle or is desirable in order to maximize
the use for which it was intended;
4. The GRANTEE shall, at (his/her) own expense, make all necessary maintenance and
repairs to keep the motor vehicle in good running condition and to prevent it and all its
accessories from deteriorating in value or condition during the term of the grant, ordinary
wear and tear excluded;
5. Only the GRANTEE or his duly-authorized agents or employees may operate the motor
vehicle and they shall have complete and unimpeded possession and use of the afore-said
vehicle during the lifetime of this grant;
6. The GRANTEE shall not lease the motor vehicle without the express consent of the
GRANTOR;
7. The GRANTOR hereby covenants with the GRANTEE that the latter shall peaceably hold
and enjoy the full use and possession of the motor vehicle afore-described during the period
of the grant;
8. During the effectivity of this usufruct or during the entire time that the GRANTEE has
material possession and/or control of the vehicle, the GRANTEE shall assume any and all
claims or liabilities in connection with any injury or wrongful death inflicted on any person
or for any damage to property caused by or arising out of the operation or use of the motor
vehicle, holding the GRANTOR free and harmless from any liability thereby. Should a
claim be filed against the GRANTOR, the GRANTEE undertakes that (he/she) shall
immediately intervene and assume all liabilities or claims in behalf of the GRANTOR in
the event that the claimant is justly entitled to his claim;
9. The GRANTOR may immediately recover possession the afore-mentioned motor vehicle
and terminate the usufruct should the GRANTEE violate any of the provisions of the Grant
or fail to comply with its obligations as a usufructuary as provided under the New Civil
Code of the Philippines, the applicable provisions of which are incorporated herein and
deemed part of the provisions of this Deed;
10. Both parties acknowledge that this agreement is entered into in good faith and shall require
the faithful compliance of the respective obligations of the parties concerned and respect
of each other's rights as contained in this Deed. Any party who shall, by its action or
omission, directly or indirectly be responsible for the non-implementation of any provision
of this agreement shall be liable for actual, moral and exemplary damages.
GRANTOR GRANTEE
__________________ __________________
(ACKNOWLEDGMENT)
- and -
_____________, of legal age, Filipino, (single / married / widow), and
a resident of _____________, Philippines, (hereinafter referred to as the
" GRANTEE");
W I T N E S S E T H:
WHEREAS, the GRANTOR is the true and registered owner of a certain parcel of land
situated at _____________, Philippines, more particularly described as follows:
WHEREAS, the GRANTOR desires to give to the GRANTEE the right of usufruct over
the said real property with the latter having the full right to the use and enjoyment of the fruits of
the property in return for (his/her) assuming the obligation to preserve the property during the term
of the usufruct.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants and
stipulations hereinafter set forth, the GRANTOR hereby transfers and conveys unto the
GRANTEE by way of USUFRUCT the aforedescribed parcel of land, subject to the following
terms and conditions:
1. This grant of Usufruct shall be valid and binding during the lifetime of the GRANTEE and
(his/her) descendants subject to the condition that they shall actually be in possession and
residing in the premises covered by the grant;
2. The GRANTEE shall pay and be liable for all taxes, licenses, permits, duties, levies and
such other charges as the Government or any of its instrumentalities and agencies may
impose by reason of and arising out of this agreement and its implementation, including
the real property taxes;
3. The GRANTEE may build and construct any building or improvement on the property
subject of this grant provided that the GRANTEE hereby agrees and binds (himself/herself)
to insure at (his/her) expense the building, furnishing and equipment built or placed thereon
against loss by fire, typhoon, flood or other similar natural events. In no case shall the
GRANTOR be liable for any loss, damage or injury that may arise by reason of the use and
enjoyment of the fruits of said property by the GRANTEE;
4. The GRANTEE shall defray all expenses for building and maintenance including cost of
power, water, telephone and other utilities attached, connected or related to the operation
of the improvement introduced on the property subject of this agreement;
5. The GRANTEE shall, at (his/her) own expense, make all necessary repairs to keep the
premises and all its equipment and facilities from deteriorating in value or condition during
the term of the grant;
6. The GRANTEE shall not lease any part or portion of the premises or the whole thereof,
without the express consent of the GRANTOR;
7. The GRANTOR hereby covenants with the GRANTEE that the latter shall peaceably hold
and enjoy the full use and possession of the premises during the period of the grant. The
GRANTEE, her representatives, agents and employees shall have complete and unimpeded
access to and from the premises at any time;
8. The GRANTOR may immediately recover possession the aforedescribed real property,
including all permanent structures and improvements introduced thereon, without
obligation to reimburse the herein GRANTEE, and terminate the usufruct should the
GRANTEE violate any of the provisions of this Deed or fail to comply with its obligations
as a usufructuary as provided in the New Civil Code of the Philippines, the applicable
provisions of which are incorporated herein and deemed part of the provisions of this Deed.
GRANTOR GRANTEE
__________________ __________________
(ACKNOWLEDGMENT)
x-----------------------x
JOINT AFFIDAVIT
We, _____________ and _____________, both Filipinos, of legal ages, and residents of
_____________ and _____________, respectively, having been duly sworn in accordance with law,
1. That we have personally known the person of MARIA CLARA for a long period of time having
2. That we know for a fact that the person by the name of "MARIA CLARA" appearing in some
documents and records or specifically in her Certificate of Live Birth and the name "MARA
CLARA" as appearing in the records of Social Security Systems (SSS), refer to one and the same
person and that her true and correct name is MARIA CLARA;
3. As such, we execute this Affidavit to certify or attest to the truth of the foregoing facts and
Philippines.
AFFIANT AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
JOINT AFFIDAVIT
We, _____________ and _____________, both of legal ages, Filipinos, and residents of
_____________ and _____________, respectively, after having been duly sworn to in accordance with
law, do hereby depose and state the following:
1. That we are Barangay Officials of the aforementioned Barangay being the _____________
and _____________, respectively.
3. That we know for a fact the said _____________ died on _____________ at _____________
due to _____________;
4. That we are executing this affidavit to attest to the truthfulness of the fact of death of the
person of _____________ and for whatever legal purposes that this statement may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________, in the City of
_____________, Philippines.
AFFIANT AFFIANT
(JURAT)
(Affidavit of Doctor to Establish the Birth of a Person for Late Registration with the Civil Registrar)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT
I, Dr. _____________, Filipino, of legal age, (single / married / widow), and a resident of
_____________, Philippines, having been duly sworn in accordance with law, hereby depose and state:
3. That I execute this Affidavit to attest to the truth of the foregoing facts and for any
other legal purpose that this Affidavit may serve.
IN WITNESS WHEREOF, I have hereunto set our hands this _____________, at _____________,
Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF ILLEGITIMACY
2. That as appearing in the records of Office of the Civil Registrar of the City of _____________,
Philippines, the father of the said child is _____________, who is a _____________ citizen.
The same is certified by the attached Certificate of Live Birth of the said child.
3. That I hereby affirm and attest to the truth of the fact that the father of the above-mentioned
child is indeed _____________.
4. That I also declare that under the laws of the Philippines or of the _____________, I and
_____________ were not incapacitated to marry each other at the time of the conception or
birth of the said child, nor are we incapacitated to marry each other now or in the future.
5. That I am executing this affidavit to attest to the truth of the foregoing facts.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
JOINT AFFIDAVIT
We, _____________ and _____________, both Filipinos, of legal ages, and residents of
_____________, Philippines, having been duly sworn in accordance with law, hereby depose and state:
1. That we know the person of _____________ as the same has been a close acquaintance for a
long period of time;
2. That we know for a fact that _____________ and _____________ were lawfully joined
together on _____________ in a marriage ceremony solemnized by _____________;
3. That we are likewise aware that the date of marriage appearing in the Certificate of Live Birth
issued for their child, _____________, is not the true and correct one as they have not yet
taken each other as husband and wife at the time of his birth;
4. That it was discovered but recently when _____________ requested for a copy of their
Marriage Contract from the Civil Registrar that the said document has not yet been registered
probably through oversight and so the said Marriage Contract was only registered last
_____________;
5. As such, we execute this Affidavit to certify or attest to the truth of the foregoing facts and
for whatever any and all legal purposes that this Affidavit may serve.
(JURAT)
We, _____________ and _____________, both Filipinos, of legal age, married and
presently residing at _____________, Philippines, having been duly sworn in accordance with
law, hereby depose and state:
2. That prior to our marriage and outside of wedlock, a child, named _____________, was
conceived and born on _____________ at _____________.
3. That at the time of the conception of said child, we were not disqualified by any
impediment to marry each other, and, therefore, by virtue of our subsequent marriage, the said
child is now legitimated by operation of law, particularly Article 177 of the Family Code.
4. That we execute this affidavit to declare the truth of the foregoing facts.
AFFIANT AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
2. That since I was young, I have always been known and called by the first name "PEDRO" and
that it is the same first name that I have been using in all my documents and identification
papers;
3. However, it appears from the records of the Office of the Civil Registrar of _____________
City that I was registered therein without a given first name;
4. That it is my desire to be registered with the said Office of the Civil Registrar of
_____________ City with the first name "PEDRO";
5. That the failure to state my first name was purely the inadvertence of my parents who failed
to do so because of their uncertainty at first as to what name would be given me at the time
of the registration of the facts of my birth with the said office;
6. As such, I execute this Affidavit to certify or attest to the truth of the foregoing facts and for
whatever legal purpose that this Affidavit may serve.
IN WITNESS WHEREOF, I have set our hands this _____________, in the _____________,
Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
JOINT AFFIDAVIT
We, _____________ and _____________, both Filipinos, of legal ages and residents of
_____________, Philippines, having been duly sworn in accordance with law, hereby depose and state:
1. That we both personally know the person of _____________ since his childhood
because formerly, we had lived in the same locality for a long time, and his family has
been a close family friend;
2. That we also know and we hereby declare that the said _____________ was born on
_____________ at _____________, Philippines;
3. That we are not related in any way, either by consanguinity or affinity, to the said
_____________;
4. As such, we execute this Joint Affidavit to attest to the truth of the foregoing facts
and for any other legal purpose that this Affidavit may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________, at _____________,
Philippines.
AFFIANT AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT / CERTIFICATION
2 That the said company has been granted a License to Operate by the Bureau of Food and
Drugs (BFAD) under License No. _____________ issued on _____________;
3 That the company is presently applying for a renewal of its BFAD license (or a new BFAD
License because of its change of business address from _____________ to _____________,
Philippines);
4 That I hereby certify that the company is using the following food chemicals: (enumerate and
describe the food chemicals used);
5 That I hereby certify that we are getting our supply of the said food chemicals from
_____________ Laboratory and are using the same in the accordance with proportions and
limitations set by the said Laboratory, which are in compliance with the requirements of U.S.
Pharmacoepia (USP) and Food Chemicals Codex (FCC) and are using only food grade
ingredients;
6 That I am executing this Affidavit/Certification to attest to the truth of the foregoing and in
support of our application for a new BFAD license and for whatever other legal purposes it
may serve.
(JURAT)
We, _____________ and _____________, both Filipinos, of legal age, married and
presently residing at _____________, Philippines, having been duly sworn in accordance with
law, hereby depose and state:
3. That we are unable to support said child and that believing that it would be for
(his/her) own interest and benefit, we, hereby signify our written intent, freely and
voluntarily to have our (son/daughter) _____________ be adopted.
4. That we also signify our written consent, freely, willingly and voluntarily to have our
(son/daughter) _____________ be legally adopted by the spouses _____________
and _____________ of _____________, Philippines in accordance with law.
5. That we are ready and willing, freely and voluntarily to abdicate our parental
authority over said child in favor of the spouses _____________ and
_____________, who are _____ and _____ years of age, respectively, and who are
both possessed of the necessary civil and legal rights as well as the financial capacity
to raise, rear and support said child, after the adoption proceeding had been instituted
and an order of adoption be issued.
6. That we execute this affidavit to declare our intention and consent to the adoption of
our (son/daughter) _____________ as well as to the truth of the foregoing facts.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at
_____________, Philippines.
AFFIANT AFFIANT
(JURAT)
(Affidavit of Parental Consent for Child to Apply for Student Driver's Permit)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF CONSENT
1. That I am the father of _____________, who is applying for a Student Driver's Permit at the
Land Transportation Office (LTO);
3. That there is no criminal case pending in court against (him/her) nor has she been charged of
subversion, rebellion or insurrection in any court of the Philippines;
4. That I am executing this affidavit to declare the truth of the foregoing facts as to my
undertaking to give consent to my (son/daughter)'s application for Student Driver's Permit.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at _____________,
Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT
1 That I am a duly licensed driver with Driver's License No. _____________, which is valid until
the year ________ and that I usually drive a vehicle in bringing my son to school at
_____________, which vehicle is specifically described as a _____________ with Motor No.
_____________, Chassis No. _____________ and with Plate No. _____________ issued by
the Land Transportation Office of the City of Bacolod and is registered in the name of
_____________, with Certificate of Registration No. _____________ issued on
_____________ and with MVMRR No. _____________ dated _____________;
2 That on _____________ at around ________ PM, when I brought my son to school and when
the said vehicle was parked at _____________, another vehicle, identified as a
_____________ with Plate No. _____________ and _____________ in color, stopped in front
of my vehicle to also bring an a student to school;
3 That after the student who alighted from the said _____________ had entered the school
gate, the driver of the said _____________, recklessly and impudently, tried to make a U-
Turn and hit / bumped my vehicle and that when I instantaneously blew my horn, the driver
of the said _____________ quickly accelerated and feloniously fled away in the direction
going to _____________;
4 That as a result of the incident, the _____________ I was driving sustained damage in its
_____________.
5 That the said incident was witnessed by many persons, most of whom are also parents of
students who were likewise bringing their children to school, and has been duly documented
in the Blotter of the Traffic Division of the _____________.
6 That upon inquiry with the Security Office of the _____________, it was discovered that the
said _____________ has been issued a Car Pass by the school upon application of a certain
_____________, a Grade ________ student of _____________, with residence at
_____________.
7 That I am executing this Affidavit to attest to the truth of the foregoing and in support of
charges for "RECKLESS IMPRUDENCE" against the driver of the said _____________ or for
whatever other action that may be filed against the driver and/or registered owner of the
said vehicle and in support of claims against the insurer for the repair of the damage caused
to the vehicle I was driving.
(JURAT)
City/Municipality of _____________)
x-----------------------x
JOINT DECLARATION
We, _____________ and ATTY. _____________, both Filipinos, of legal age, and residents of
_____________, Philippines, having been duly sworn in accordance with law, hereby depose and state:
3. That Declarant _____________ would appeal the said decision to the National Labor Relations
Commission and that for this purpose he is posting an Appeal Bond {Surety Bond No.
_____________} executed by _____________ Surety & Insurance, Inc. to satisfy the
aforementioned judgment, if and when the said case prosper in favor of the Complainant, or if
said appeal is not considered. The said bond has been ratified before Notary Public
_____________ and was entered in his Notarial Register as Doc. No. ______; Page No. ______;
Book No. ______; Series of ______;
4. That for purposes of appeal, ATTY. _____________, would act as counsel for Declarant
_____________ and _____________ Corporation.
5. THAT WE (_____________ and Atty. _____________) HEREBY JOINTLY DECLARE THAT THE ABOVE-
MENTIONED APPEAL BOND IS GENUINE AND WILL BE IN EFFECT UNTIL THE FINAL DISPOSITION OF
THE AFOREMENTIONED CASE.
IN WITNESS WHEREOF, We have hereunto set our hands this _____________, at _____________,
Philippines.
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF DENIAL
1. That I am NOT the same person as one _____________ a.k.a. _____________ who was
charged under I.S. No. _____________ / Criminal Case No. _____________ before the
_____________ for the crime of _____________;
2. That I have never been the subject of any criminal complaint, charge or proceeding before
any prosecutor or court;
3. As such, I am executing this Affidavit to certify or attest to the truth of the foregoing facts and
for purpose of denying that I am the _____________ who is the subject of the
aforementioned case and for whatever legal purpose that this Affidavit may serve.
IN WITNESS WHEREOF, we have set our hands this _____________, in the City of _____________,
Philippines.
AFFIANT
(JURAT)
AFFIDAVIT OF DESISTANCE
1. That I am the complainant in Criminal Case No. _____________ for alleged "RAPE"
against accused _____________, which case is pending before the Regional Trial Court,
Branch ______, _____________ City, Philippines;
2. That I signed the aforesaid complaint against accused _____________ against my will, my
signature in the complaint having been obtained thru force, violence and intimidation done
to me by my parents;
4. I therefore respectfully request that the above-mentioned case filed against said
_____________ be dismissed as in fact I now withdraw my complaint against him and I
further manifest under oath that I am now desisting from testifying against him in Court or
in any other government entity or agency in connection with the said criminal case.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF DESISTANCE
1 That I am the private complainant in the criminal case entitled "_____________" for Theft
docketed as _____________ before _____________ Trial Court, Branch _______, _____________
City, Philippines;
2 That I found out that the said accused at the time of the incident was not in his right mind and did
not know that what he was doing was wrongful and criminal considering that he was suffering
from SCHIZOPHRENIA, PARANOID TYPE IN ACUTE EXACERBATION as certified to by Dr.
_____________ of _____________;
3 That the items taken by the accused, consisting of _____________ and _____________ were
immediately recovered from him and their values had been voluntarily reimbursed by the
relatives of the said Accused;
4 In view of the foregoing, I finally manifest that I now completely and absolutely exonerate the
accused _____________ from any liability in connection with the above-mentioned criminal case
and that I am no longer interested, and I hereby desist, in prosecuting the said criminal case;
5 That I execute this Affidavit of Desistance so that the above-mentioned criminal case be
immediately dismissed and considered finally closed and the bond posted by the herein accused
be released to him;
6 As such, I am respectfully praying that the aforementioned case against the Accused
_____________ be dismissed and finally closed.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________ City,
Philippines.
AFFIANT
(JURAT)
AFFIDAVIT OF DESISTANCE
I, _____________, of legal age, Filipino and a resident of Bacolod City, after having been
duly sworn in accordance with law, hereby depose and say:
2 In this regard, the accused _____________ has already paid in full the amount represented
by the checks subject of the above-mentioned cases, to wit:
3 That in view of the payment in full by the accused, I would like to manifest that I am no
longer interested in the prosecution of the aforementioned criminal cases and I am
respectfully requesting the Honorable Public Prosecutor to move for the dismissal of the
aforementioned cases against the accused.
IN WITNESS WHEREOF, I have hereunto set my hand this ________________ at
_____________, Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF DISCREPANCY
1. That in my Certificate of Live Birth as recorded in the Office of the Civil Registrar of
_____________ City, Philippines and Secondary Student Permanent Record at _____________
High School, it is stated that I was born on 21 May 1970 at _____________, Philippines;
2. That my relatives, acting on the honest belief that I was born on 21 May 1971, had used 21
May 1971 as my birth date in all pertinent school records when they processed my enrollment
at _____________ in _____________;
3. That when I filled up my voter's registration record required by the Commission on Election
last _____________, I had inadvertently and erroneously written the date of my birth as 21
May 1971 instead of 21 May 1970;
4. That I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing facts
and to explain the discrepancy in my Certificates of Live Birth, Secondary Student Permanent
Record, Transcript of Records and Voter Registration Form as regards to my date of birth;
5. Further, I am declaring that from this date hereon I would be using my true and correct date
of birth of 21 May 1970 in all my papers, records and other documents.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF DISCREPANCY
2. That however, in the said Certificate of Live Birth, the date of marriage of my parents was
erroneously written as "May 8, 1960" instead of the true and correct date "May 28, 1960" as
evidenced by the Certificate of Marriage of my parents issued by the City Civil Registrar of the
City of _____________, hereto attached as Annex "A";
3. That said discrepancy in my Certificate of Live Birth was an error done inadvertently;
4. That I execute this Affidavit of Discrepancy to attest to the truth of the foregoing facts.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF DISCREPANCY
1. That in my Certificate of Live Birth as recorded in the Office of the Civil Registrar of
_____________ City, Philippines, my middle name was erroneously written as "CRUX"
instead of my true and correct middle name of "CRUZ";
2. That my true middle name is "CRUZ" as appearing in the same Certificate of Live as
the maiden name of my mother.
3. That in all pertinent documents which I had used, to include that of my scholastic
records (transcript of records), I used my true and correct middle name of "CRUZ";
4. That I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing
facts and to explain the discrepancy in my Certificates of Live Birth, as regards my true
middle name.
AFFIANT
(JURAT)
(Affidavit of Discrepancy - Surname / Family Name)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF DISCREPANCY
I, JUAN DELA CRUZ, of legal age, married, Filipino and a resident of _____________, Philippines
having been duly sworn in accordance with law, hereby depose and state:
2. That before the expiration of the aforementioned passport on _____________, I had applied
with Philippine Embassy in _____________ for the issuance of a new passport and on
_____________, I was issued a new Philippine passport with passport no. _____________;
3. However, in the said new passport my surname had been erroneously misspelled as DELA CRUX;
4. That I execute this Affidavit of Discrepancy to attest to the truth of the foregoing facts and to
explain the discrepancy in my Philippine Passport with regards my surname.
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT
1 That I am the true and registered owner of a certain motor vehicle, more particularly
described as follows:
Make: _____________
4 That after an _____________ later, when I returned to the said vehicle, I was surprised as I
arrived to find the _____________ of my motor vehicle stolen and my car vandalized. There
were scratches on the front right side of it, with its paintwork damaged and needs repair.
5 That I am executing this Affidavit to attest to the truth of the foregoing and in support of my
claim on the insurance of the said motor vehicle.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________, the City of
_____________, Philippines.
AFFIANT
(JURAT)
AFFIDAVIT
1 That I am a duly licensed driver with Driver's License No. _____________ covered
by DLR No. _____________, which is valid until _____________.
2 That on _____________, at around ________, I was driving a motor vehicle owned
and registered in my name which is more particularly described as follows:
3 That while I was slowly backing out of the driveway along _____________ Street,
_____________, to park my car at the parking area of _____________, the
aforementioned vehicle suddenly hit the post of the building from where I was backing
out and as a result the said vehicle sustained damage at its _____________;
4 That I am executing this Affidavit to attest to the truth of the forgoing and in support
of the claim against the insurer for the repair of the damage caused to my vehicle.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT
I, _____________, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, after being sworn in accordance with law, depose and state:
2 That the said company maintains a warehouse for its products at _____________,
Philippines;
4 That the said fire was controlled and put off only about ______ hours later by the efforts of
the different fire brigades which responded to our call for assistance;
5 That I am executing this Affidavit to attest to the truth of the foregoing and in support of the
company's claim on the fire / building insurance of the said warehouse / building.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at the City of
_____________, Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT
I, _____________, legal age, widow and a resident of _____________, Philippines, after having
been duly sworn to in accordance with law, do hereby depose and state the following:
4. That my husband was a duly licensed driver at the time of the incident and was carrying
Driver's License No. _____________ and was riding on a _____________, _____________ in
color and with Plate No. _____________ owned by _____________ with Certificate of
Registration No. _____________;
5. That I am executing this affidavit to attest to the truth of the foregoing and for whatever legal
purposes that this statement may serve.
IN WITNESS WHEREOF, I have hereunto set my hands this _____________, in the City of
_____________, Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
2. That being registered with the Bureau of Internal Revenue, _____________ has been
issued a BIR Certificate of Registration;
3. That sometime in _____________, the original copy of the said BIR Certificate of
Registration could not be found and that despite of diligent search and efforts, the same
could no longer be found such that I now believe that it is now lost beyond recovery.
4. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and
for whatever legal purposes that this may serve.
AFFIANT
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
I, _____________, Filipino, of legal age and a resident of _____________, Philippines, after being
duly sworn in accordance with law, depose and state:
1 That I am a regular subscriber / user of a (Smart / Globe / Sun) Mobile SIM Card with No.
_____________;
2 That in the afternoon of _____________, I forgot my (O2 / Sony-Ericsson / Motorola /
Samsung) cellular phone with the said SIM Card in it inside my car which I have parked along
_____________;
3 That when I returned to my car at around ________, I discovered that my cellular phone was
missing together with my said Mobile SIM Card which was inside the said cellular phone;
4 That despite diligent search and efforts to locate said cellular phone, I could not find the
same such that I now believe that said is now lost beyond recovery together with the
aforesaid SIM Card;
5 As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and in
support of my request / application for the replacement of the said SIM Card.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
I, _____________, Filipino, of legal age, (single / married / widow), and with residence at
_____________, Philippines, after being duly sworn to in accordance with law, hereby depose and state:
1 That I am a duly-licensed driver in accordance with pertinent Land Transportation laws, rules
and regulations, and was issued a corresponding Driver's License with number
_____________ which is valid until _____________;
2 That sometime last week, said Driver's License was misplaced and got lost;
3 That despite diligent search and efforts to locate my Driver's License, I could not find the
same such that I now believe that it is now lost beyond recovery;
4 That said Driver's License has not been confiscated by the LTO, Police or other Traffic
Enforcers for any traffic violation;
5 As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to
support my application for the issuance of a new Driver's License, in lieu of the one that was
lost.
(JURAT)
(Affidavit of Loss - Driver's License, ATM Card, etc. due to Loss of Wallet)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
3 That inside the said wallet are my Driver's License and ATM Card issued by _____________
Bank, _____________ Branch;
4 That despite diligent search and efforts to locate the said wallet and my Driver's License and
my ATM Card, I could not find them such that I now believe that they are now lost beyond
recovery;
5 That my Driver's License has not been confiscated by the LTO, Police or other Traffic Enforcers
for any traffic violation;
6 As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to
support my application for the issuance of a new Driver's License and a new ATM Card, in lieu
of the ones that were lost.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
3. That recently, when we looked for the original copy of the said DTI Certificate Business
Name Registration, the same could not be found and must have been misplaced and that
despite of diligent search and efforts, the same could no longer be found such that I now
believe that it is now lost beyond recovery;
4. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and
for whatever legal purposes that this Affidavit may serve.
AFFIANT
(JURAT)
x-----------------------x
AFFIDAVIT OF LOSS
1 That I am the true and licensed owner of a one (1) unit _____________ firearm with Serial
No. _____________.
2 That on _____________, after having lunch at home, I was surprised to see our gate open
and when I went to close it, I discovered that my vehicle parked at our garage was also
opened;
3 I then discovered that my belt bag that I had left in the said vehicle was gone and with it are
the above-mentioned firearm, several rounds of ammunition, the original copy of my License
to carry the said firearm, some identification cards, and other important documents;
4 That despite diligent search and efforts to locate said firearm, my belt bag and its
aforementioned contents, I could not find the same such that I now believe that all the
foregoing items were stolen and are now lost beyond recovery.
5 As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
1. That I am the registered owner of a certain motor vehicle, more particularly described as follows:
Make: _____________
2. That on or about _____________, the front license plate of the said vehicle was lost;
3. That despite diligent search and efforts to locate the said license plate, I could not find the same
such that I now believe that they are now lost beyond recovery.
4. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to support
the application for the issuance of a new one in lieu of the one that was lost.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
I, _____________, Filipino, of legal age, and a resident of _____________, Philippines, after being
duly sworn in accordance with law, depose and state:
1. That I am defendant in Criminal Case No. _____________ before the _____________
Trial Court, Branch ______, _____________ City, which is for _____________;
2. That on _____________ and to secure my provisional liberty in the said criminal case, I
posted a Cash Bail Bond in the amount of _____________ (P_____________) and was
issued Official Receipt No. _____________;
3. As the aforementioned criminal case against me was already dismissed, I looked for the
original copy of the said Official Receipt No. _____________ to get back my cash bail
bond;
4. However, despite diligent search and efforts to locate the said original copy of the said
Official Receipt No. _____________, the same could not be found and must have been
misplaced and irretrievably lost, such that I now believe that it is now lost beyond
recovery;
5. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and in
support for my request for the release of my P_____________ cash bail bond and for
whatever legal purposes that this may serve.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
1. That I am the registered owner of a certain motor vehicle, which is more particularly described as
follows:
Make : _____________
Series : _____________
Type of Body : _____________
Motor No. : _____________
Chassis No. : _____________
2. That as a registered owner, I was issued a Certificate of Registration (C.R.) and an Original Receipt
(O.R.) for my registration for the year _______ by the Land Transportation Office of
_____________ City, Philippines;
3. That when I was about to register the said motor vehicle for year _________, I could no longer
find said Certificate of Registration and Official Receipt of the said motor vehicle;
4. That despite diligent search and efforts to locate the said documents, I could no longer find the
same such that I believe that they are now lost beyond recovery;
5. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to support
my application for the issuance of new Certificate of Registration and Original Receipt, in lieu of
the ones that were lost.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the City of
_____________, Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
I, _____________, Filipino, of legal age, (single / married / widow), and a resident of
_____________, Philippines, after being duly sworn in accordance with law, depose and state:
2. That being registered with BFAD, I was issued a BFAD License to Operate LTO No.
_____________ on _____________ which is valid until _____________.
4. However, upon verification and inquiry with the said office of the BFAD, the original copy of
the said license could not be found and that despite of diligent search and efforts, the same
could no longer be found such that I now believe that it is now lost beyond recovery.
5. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and for
whatever legal purposes that this may serve.
AFFIANT
(JURAT)
(Affidavit of Loss - Passbook)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
I, _____________, Filipino, of legal age, (single / married / widow), and with residence at
_____________, Philippines, after being duly sworn to in accordance with law, hereby depose and state:
1 That I maintain a Savings Account with S/A No. _____________ with _____________ Bank
with a credit balance of _____________ (P_____________);
3 That I now request the _____________ Bank to issue a new Passbook/Certificate in lieu of
the lost one and I bind myself to surrender the lost Passbook/Certificate in the event that the
same is found and/or located;
4 That I bind myself to indemnify _____________ Bank for any loss and damage it may incur
by reason of its issuance or replacement Passbook/Certificate;
5 That each and every fact herein stated is true and I am willing to testify before any court of
justice to substantiate the truth of each and all the said facts.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________,
Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
2 That recently I had tried to look for the said passport but the came could not be found;
3 That despite diligent search and efforts to locate the said passport, I could not find the same
such that I now believe that it is now lost beyond recovery;
4 As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to
support the application for the issuance of new one in lieu of the one which was lost.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
_____________, Philippines, after being duly sworn in accordance with law, depose and state:
1 That sometime on _____________, I pawned my _____________ with Agencia
_____________ located at _____________ and for which I was issued Pawn Tickets / Receipt
No. _____________.
2 That sometime on _____________, my wallet that contains the said Pawn Ticket was
3 That despite diligent search and efforts to locate the said wallet and pawn ticket, I could not
find the same such that I now believe that they are now lost beyond recovery.
4 As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing facts.
Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF LOSS
I, _____________, Filipino, of legal age, (single / married), and a resident of _____________, after
being duly sworn in accordance with law, depose and state:
2 That to my surprise, I discovered last _____________ that the said Identification Card could
not be found;
3 As all efforts to find the same proved unrewarding, it is now safe to conclude that recovery
of the same is an impossibility;
4 Thus, I execute this affidavit to establish its loss and to support my application for the
issuance of a new Identification Card.
AFFIANT
(JURAT)
(Marine Protest by Ship Captain)
City/Municipality of _____________)
x-----------------------x
MARINE PROTEST
Address: ________________________________________________________________
Burden/Cargo: ___________________________________________________________
After being duly sworn to in accordance with law, do hereby declared and state on protest. That
on (continue with facts and circumstances that transpired in the incident)
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
___.
Visibility: _________________________________________________________
That this incident likewise resulted to loss or slight damage to the _____________ belonging to
_____________ in the estimated amount of ______________________________ (P____________) and
detailed in Exhibit "B" of this PROTEST:
Company: ___________________________________________________
Address: ____________________________________________________
Telephone(s) ________________________________________________
Fax: _______________________________________________________
(JURAT)
AFFIDAVIT
1 That I am the registered owner of a certain motor vehicle that is more particularly
described as follows:
2 That the original body type of the said motor vehicle was "_____________";
3 That to have more use of the said vehicle in my business, I have decided to change the
body type of the said vehicle from "_____________" to "_____________";
4 That the change of body type is not intended for any illegal or unlawful purpose but
solely due to the foregoing reasons;
5 That I am executing this Affidavit to attest to the truth of the foregoing and in support
of the application for the change of body type of the above-described motor vehicle on
its Certificate of Registration.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in
_____________, Philippines.
AFFIANT
(JURAT)
AFFIDAVIT
1 That I am the registered owner of a certain motor vehicle that is more particularly
described as follows:
2 That the original color of the said motor vehicle was "_____________";
3 That when the paint of the above-described motor vehicle had faded, I had its color
repainted to "_____________" such that the color of the said motor vehicle was
changed from "_____________" to "_____________";
4 That said change of color is not intended for any illegal or unlawful purpose but solely
due to the foregoing reasons;
5 That I am executing this Affidavit to attest to the truth of the foregoing and in support
of the application for the change of color of the above-described motor vehicle on its
Certificate of Registration.
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF OWNERSHIP
1. That I am the true and absolute owner of the following personal properties, to wit:
2. That I intend to deliver the said personal properties as a collateral to secure the loan that I am
applying for from _____________;
3. That I hereby warrant title and ownership over the above-mentioned personal properties and
I will defend the possession of the Pledgee from eviction;
4. That I execute this Affidavit of Ownership to attest to the truth of the aforementioned facts
and in support of my application for a loan and for any other legal purposes that this Affidavit
could serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____________ at
_____________, Philippines.
AFFIANT
(JURAT)
1. On _____________, I have entered into a Deed of Conditional Sale which was acknowledged
on the same date before Notary Public _____________ of _____________ and entered in his
Notarial Register as Doc. No. ______; Page No. ______; Book No. ______, Series of ______.
A copy of the said Deed is hereto attached and made an integral part of this Affidavit;
2. That in the said Deed of Conditional Sale, I was the VENDEE of a certain parcel of land
covered by Transfer Certificate of Title No. _____________, more particularly described as
follows:
3. That, because I still have a balance on the purchase price in the amount of P_____________
which is payable within _____________ (______) (year/months) from the date of signing
thereof, it was stipulated in the aforementioned Deed that title and ownership over the subject
property will only be transferred upon full payment of the same;
4. That the VENDOR in the said Deed of Conditional Sale agreed that upon its execution, said
Deed shall be annotated in the Title with the Office of the Register of Deeds of
_____________;
5. However, since the said Deed of Conditional Sale per se could not be annotated on the Title
with the Office of the Register of Deeds, I am therefore executing this Affidavit for the purpose
of attesting to the truthfulness of the foregoing allegations and in support of my request for the
annotation of an adverse claim over the parcel of land covered by the Transfer Certificate of
Title No. _____________.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
2. That a certain _____________ previously entered into a Deed of Conditional Sale with the
(Government Service Insurance System (GSIS) or Pag-IBIG) for the purchase of a parcel of land
(including the improvements thereon) located at _____________, more particularly
described as follows:
(Technical Description of Property)
5. That as such, _____________ has since then relinquished all his rights, interest and
participation over the aforedescribed parcel of land in favor of the late _____________ and
his heirs.
6. However, it has come to my knowledge that _____________ is presently claiming to still have
an interest over the aforementioned parcel of land and is attempting to sell or dispose of the
same despite the fact that he has already conveyed all his rights and interests thereon to
_____________ and his heirs.
7. That unless an adverse claim is annotated on the aforedescribed Transfer Certificate of Title,
the heirs of _____________ are in danger of being defrauded and deprived of their just and
valid right over the aforedescribed parcel of land and, as such, I am executing this Affidavit in
support of my request for the annotation of an adverse claim over the parcel of land described
herein.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________, in the City /
Municipality of _____________, Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT
1. That I am the true and registered owner of a certain parcel of land which is covered by
Transfer Certificate of Title No. _____________, more particularly described as follows:
2. That annotated on said Transfer Certificate of Title No. _____________ are the following
entries, to wit:
3. That the effectivity and efficacy of said entries have since expired as shown by the dates
thereon and/or were correspondingly superseded by other entries which are also being
caused to be cancelled in view of the fact that the party to said annotation has registered no
opposition to its cancellation.
4. That I am executing this affidavit purposely requesting the Register of Deeds to cause the
cancellation of the above-mentioned entries in the aforementioned Transfer Certificate of
Title.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF CONSOLIDATION
OF OWNERSHIP
2 That the said Sheriff sold the above-described property with all the improvements and
buildings thereon to the undersigned Affiant as the highest bidder for the sum of
__________________________ (P__________), Philippine Currency;
3 That a Certificate of Sale at Public Auction was issued by the said Sheriff in favor of the
undersigned Affiant and the same was duly registered with the office of the Registry of Deeds
of _____________ on _____________ as Entry No. _____________ on the aforementioned
title;
4 That the one (1) year period for redemption has already expired without the Mortgagor or
any person in his representation having exercised their right of redemption over the said
property and therefore, the consolidation of title and ownership over the said property in
favor of the undersigned Affiant is proper and in accordance with law;
5 WHEREEFORE, by failure of the Mortgagor to redeem the said property, I am executing this
Affidavit for the purpose of consolidating title and ownership over the above-described
property with all improvements and buildings thereon, as provided for by law, and I hereby
request the Office of the Register of Deeds to register the same and issue a new title in the
name of the undersigned Affiant.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
DECLARATION OF OWNERSHIP
1. The said Corporation is the owner of certain parcel of land, more particularly described as
follows:
2. That the said aforementioned Transfer Certificate of Title over said property includes and
contains all the permanent improvements and buildings located and situated thereon.
3. That I execute this Affidavit to attest and declare the truth of the foregoing facts and for
whatever legal purposes that this Affidavit may serve.
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF SERVICE
1. That I am a Secretary / Legal Aide of the law office of Atty. _____________ with office address
at _____________, Philippines;
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF SUPPORT
4. That I am fully aware that any false statement or misrepresentation as to the facts mentioned
above will be a ground for automatic disapproval of the PHILHEALTH application.
IN WITNESS WHEREOF, I have set my hand this _____________ in the City of _____________,
Philippines.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
We, _____________ and _____________, of legal ages, married, Filipinos, and residents of
_____________, Philippines, with residential telephone no. _____________ and with Tax Identification
Nos. (T.I.N.) _____________ and _____________, respectively, after having been duly sworn in
accordance with law, hereby depose and state:
1. That we are the parents of _____________ who is of legal age and a citizen of the Republic
of the Philippines and a holder of valid Philippine Passport with No. _____________ and who
is going for a trip abroad specifically to _____________ this _____________;
2. That we are giving our full consent to our said (son/daughter) to travel abroad or specifically
to _____________;
3. That for this purpose, we have sufficient and adequate financial capacity to support and
defray the said travel and do hereby undertake to finance (his/her) trip abroad from the
application fees, airline tickets, board and lodging, pocket money and such other expenses
that (he/she) may incur so that (he/she) would neither be a burden to the state nor at their
place of destination at any time during (his/her) trip abroad;
4. That there is no criminal case pending in court against (him/her) nor has (he/she) been
charged of subversion, rebellion, insurrection or any crime or offense involving moral
turpitude in any court of the Philippines;
6. That we are hereby giving my full consent to the said _____________ to accompany or escort
_____________ in (his/her) travel abroad;
7. That we are executing this affidavit to declare the truth of the foregoing facts and for
whatever legal purpose it may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at _____________,
Philippines.
AFFIANT AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
We, _____________ and _____________, of legal ages, married, Filipinos, and residents of
_____________, Philippines, with residential telephone no. _____________ and with Tax Identification
Nos. (T.I.N.) _____________ and _____________, respectively, after having been duly sworn in
accordance with law, hereby depose and state:
1. That we are the parents of _____________ who is of legal age and a citizen of the Republic
of the Philippines and a holder of valid Philippine Passport with No. _____________ and who
is going for a trip abroad specifically to _____________ this _____________;
2. That for this purpose, we have sufficient and adequate financial capacity to support and
defray the said travel and do hereby undertake to finance (his/her) trip abroad from the
application fees, airline tickets, board and lodging, pocket money and such other expenses
that (he/she) may incur so that (he/she) would neither be a burden to the state nor at their
place of destination at any time during (his/her) trip abroad;
3. That there is no criminal case pending in court against (him/her) nor has (he/she) been
charged of subversion, rebellion, insurrection or any crime or offense involving moral
turpitude in any court of the Philippines;
4. That we are executing this affidavit to declare the truth of the foregoing facts and for
whatever legal purpose it may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at _____________,
Philippines.
AFFIANT AFFIANT
(JURAT)
DEED OF UNDERTAKING
1. That I and the members of my family are presently occupying a property comprising
a house and lot belonging to _____________ and located at _____________;
2. That I expressly undertake to completely and fully vacate and peaceably surrender or
redeliver the physical possession of the said property, including the keys appertaining
thereto, to _____________ on or before _____________, without any extension
whatsoever;
3. That I further expressly undertake to redeliver the physical possession of the said
property to _____________, as aforesaid, in good, clean, and sanitary condition,
devoid of all occupants, boarders, furnitures, articles, merchandise, etc., except those
belonging to the _____________;
5. That the above undertakings shall also be valid and binding on all the members of my
family, heirs, agents, representatives, successors, and assigns.
OCCUPANT
(ACKNOWLEDGMENT)
WAIVER OF LIABILITY
We, spouses _____________ and _____________, both of legal ages, Filipinos and
residents of _____________, Philippines, after being duly sworn to in accordance with law, hereby
depose and say:
2. That we intend to deposit in our account in the said bank second endorsed
checks which we request the Bank to honor and accept for deposit without the
need of a notarized power of attorney;
3. That, by these presents, we hereby hold the said Bank free and harmless from
any and all liability or cause of action arising from the encashment or deposit
of the above-mentioned second endorsed checks;
4. That we further authorize the said Bank to automatically debit our account
without prior notice should any second endorsed check which may have
already been credited to our account be returned or dishonored and that in case
the balance in our account be insufficient to cover the said returned or
dishonored check, then we shall pay the Bank on demand.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________, at
_____________, Philippines.
AFFIANT AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
_____________, Philippines, after being sworn in accordance with law, hereby declare that I do hereby
WAIVE, TRANSFER AND CONVEY all my rights, interest and obligations over the electric power line with
Account No. _____________ with the _____________ Electric Cooperative to _____________, who is also
of legal age, Filipino, (single / married / widow), and a resident of _____________, and who is able and
willing to assume all my rights and obligations in connection with the said account with _____________
Electric Cooperative.
(JURAT)
We, the spouses _____________ and _____________, both of legal ages, Filipinos, and residents
of _____________, Philippines, hereby DECLARE AND MANIFEST:
That for and in consideration of the amount of _____________ (P_____________) in cash, in hand
received by us to our full and complete satisfaction, and the payment and settlement by _____________
of the hospital and medical bills and expenses incurred by the _____________ for injuries sustained, I,
WE hereby absolutely release, completely clear, and forever discharge the said _____________ and his
driver _____________ from any action, cause of action, sum of money, liability, damages, claims and
demands whatsoever, which in law or in equity I/we have, or which I/we, our heirs, insurer, successors
and assigns hereafter may have upon or by reason of the injuries sustained by me/us, and the damage
sustained by our _____________ motor vehicle with Plate No. ______________ arising from the accident
which happened on _____________ at _____________ involving our said _____________ registered in
the name of the undersigned _____________ and the _____________ motor vehilce with Plate No.
_____________ owned by the said _____________ with the intention to completely and absolutely waive
all our right of action, causes of action, claims and demands, of whatever nature, arising from, or in
connection with the aforementioned accident.
I/We further warrant that I/we will institute no further action against the said _____________
and/or his driver _____________ arising from, by reason of, or in connection with, the aforementioned
vehicular accident. I/We also manifest that the said payment / settlement made by the said
_____________ shall not be taken by us, our heirs, our insurer or assigns, as a confession and/or
admission of liability on the part of the said _____________ or by his driver _____________ in connection
with the aforementioned accident.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at _____________,
Philippines.
AFFIANT AFFIANT
__________________ __________________
(ACKNOWLEDGMENT)
CHATTEL MORTGAGE
WITNESSETH; That:
That it is the condition of this Mortgage that should the MORTGAGOR perform the
obligation to pay the afore-cited indebtedness of _____________ together with accrued interest
thereon, within the agreed term, this Chattel Mortgage shall be discharged and shall at once
become null and void and of no effect whatsoever, otherwise, it shall subsist and remain in full
force and effect and be subject to foreclosure in the manner and form prescribed by law.
MORTGAGOR MORTGAGEE
MORTGAGOR'S SPOUSE
(ACKNOWLEDGMENT)
We, the undersigned MORTGAGOR and MORTGAGEE hereby jointly and severally
swear that we executed the foregoing Chattel Mortgage in order to secure the indebtedness therein
cited and for no other purpose or purposes contrary to law.
MORTGAGOR MORTGAGEE
(JURAT)
(Petition for Extra-Judicial Foreclosure of Chattel Mortgage under Act 1508)
S I R:
GREETINGS:
4. That under the terms and conditions of the Chattel Mortgage Contract, the Mortgagee
is entitled to foreclose extra-judicially the mortgaged property, which is more
particularly described as follows, to wit:
5. That by the terms and conditions of the Chattel Mortgage Contract herein-above
referred to, the principal obligation of the Mortgagor which has become overdue as of
_____________ is in the amount of __________________________ (P___________),
excluding penalties, liquidated damages, past due interest, attorney's fee representing
_______% of the total obligation due, other charges and expenses of foreclosure.
MORTGAGEE
(VERIFICATION)
RELEASE OF MORTGAGE
WITNESSETH:
MORTGAGEE
__________________ __________________
(ACKNOWLEDGMENT)
(Petition for Extra-Judicial Foreclosure of Real Estate Mortgage under Act 3135 as
amended)
S I R:
GREETINGS:
2. That the Mortgagor-Debtor defaulted in its obligation under the aforementioned Real
Estate Mortgage Contract and Promissory Note;
3. That under the terms and conditions of the Real Estate Mortgage Contract, the
Mortgagee is entitled to foreclose extra-judicially the mortgaged property, which is
more particularly described as follows:
4. That by the terms and conditions of the Real Estate Mortgage Contract herein-above
referred to, the principal obligation of the Mortgagor which has become overdue as of
_____________ is in the amount of __________________________ (P___________),
excluding penalties, liquidated damages, past due interest, attorney's fee representing
______% of the total obligation due, other charges and expenses of foreclosure.
MORTGAGEE
(VERIFICATION)
- and -
WITNESSETH; That:
That it is the condition of this Mortgage that should the MORTGAGOR perform the
obligation to pay the afore-cited indebtedness of _____________ together with accrued interest
thereon, within the agreed term, this Real Estate Mortgage shall be discharged and shall at once
become null and void and of no effect whatsoever, otherwise, it shall subsist and remain in full
force and effect and be subject to foreclosure in the manner and form prescribed by law.
MORTGAGOR MORTGAGEE
With my Marital Conformity:
MORTGAGOR'S SPOUSE
__________________ __________________
(ACKNOWLEDGMENT)
(Release of Mortgage)
RELEASE OF MORTGAGE
That I, _____________, Filipino, of legal age, (single / married / widow), and a resident of
_____________, Philippines, MORTGAGEE of __Property Mortgaged__ in a Deed of (Real Estate /
Chattel) Mortgage executed by __Name of Mortgagor__ on _____________ and entered as Doc. No.
_______; Page No. _______; Book No. _______; Series of _______ in the Notarial Register of Notary
Public _____________, hereby RELEASE and completely DISCHARGE the aforementioned
mortgage on the above-mentioned property, the loan secured having been completely paid and
settled to my full satisfaction.
MORTGAGEE
__________________ __________________
(ACKNOWLEDGMENT)
RELEASE OF MORTGAGE
WITNESSETH:
MORTGAGEE
__________________ __________________
(ACKNOWLEDGMENT)
(Articles of Partnership - General Partnership)
ARTICLES OF PARTNERSHIP
of
__________________________
That we, __Partner 1__, (single / married / widow), and __Partner 2__, (single / married /
widow), and __Partner 3__, (single / married / widow), all Filipinos, of legal ages, and residents
of _____________, Philippines, have on this day, covenanted to establish a partnership, in
accordance with the laws of the Republic of the Philippines;
1. That the names and addresses of the respective partners are as follows:
Name Address
_____________ __________________________
_____________ __________________________
_____________ __________________________
2. That the name of this partnership shall be _____________ and it shall exist for
_____________ (_____) years from the execution of this instrument, unless the partners
mutually agree in writing to a shorter period. Should the partnership be terminated by
unanimous vote, the assets and cash of the partnership shall be used to pay all creditors,
with the remaining amounts to be distributed to the partners according to their
proportionate share.
The partnership shall maintain a capital account record for each partner; should any
partner's capital account fall below the agreed to amount, then that partner shall (1) have
his share of partnership profits then due and payable applied instead to his capital account;
and (2) pay any deficiency to the partnership if his share of partnership profits is not yet
due and payable or, if it is, his share is insufficient to cancel the deficiency.
4. That the purpose(s) for which this partnership is established (is/are) as follows:
__________________________;
5. The partners shall provide their full-time services and best efforts on behalf of the
partnership. No partner shall receive a salary for services rendered to the partnership. Each
partner shall have equal rights to manage and control the partnership and its business.
Should there be differences between the partners concerning ordinary business matters, a
decision shall be made by unanimous vote. It is understood that the partners may elect one
of the partners to conduct the day-to-day business of the partnership; however, no partner
shall be able to bind the partnership by act or contract to any liability exceeding Pesos:
__________________________ (P_____________), Philippine Currency, without the
prior written consent of each partner.
6. That the profits and losses shall be divided among the partners pro rata, in proportion to
their respective contributions.
7. In the event a partner withdraws or retires from the partnership for any reason, including
death, the remaining partners may continue to operate the partnership using the same name.
A withdrawing partner shall be obligated to give _____________ (______) days' prior
written notice of (his/her) intention to withdraw or retire and shall be obligated to sell
(his/her) interest in the partnership.
8. No partner shall transfer interest in the partnership to any other party without the written
consent of the remaining partner(s). The remaining partner(s) shall pay the withdrawing
or retiring partner, or to the legal representative of the deceased or disabled partner, the
value of his interest in the partnership, or (a) the sum of his capital account, (b) any unpaid
loans due him, (c) his proportionate share of accrued net profits remaining undistributed in
his capital account, and (d) his interest in any prior agreed appreciation in the value of the
partnership property over its book value. No value for good will shall be included in
determining the value of the partner's interest.
9. A partner who retires or withdraws from the partnership shall not directly or indirectly
engage in a business which is or which would be competitive with the existing or then
anticipated business of the partnership for a period of _____________ (____) years within
the City/Province of _____________ where the partnership is currently doing or planning
to do business.
__________________ __________________
(ACKNOWLEDGMENT)
ARTICLES OF PARTNERSHIP
of
__________________________, LTD.
That we, __Co-Partner 1__, (single / married / widow), and __Co-Partner 2__, (single /
married / widow), and __Co-Partner 3__, (single / married / widow), all Filipinos, of legal ages,
and residents of _____________, Philippines, have on this day, covenanted to establish a limited
partnership, in accordance with the laws of the Republic of the Philippines, under the following
terms and conditions:
1. That the name of this Co-Partnership shall be _____________, LTD. and it shall exist for
_____________ (_____) years from the execution of this instrument, with the right of
transfer or retirement of any partner provided written notice and approval are made to and
by the others;
2. That the names and addresses of the respective co-partners are as follows:
Name Address
_______________ (General Partner) __________________________
_______________ (Limited Partner) __________________________
_______________ (Limited Partner) __________________________
3. That the initial capital of this Co-Partnership shall be _____________ (P_________),
Philippine Currency, broken down, in contributions, as follows:
4. That the purpose(s) for which this partnership is established (is/are) as follows:
__________________________;
5. __Co-Partner 1__ shall be designated as the General Manager of the Partnership, who shall
perform such acts and enter into transactions as may be necessary, in the name of the
partnership, for the conduct of its business; and who shall receive a monthly salary of
P_____________;
6. That the profits and losses shall be divided among the partners as follows:
Name
_______________ (50%)
_______________ (25%)
_______________ (25%)
(SIGNATURES OF PARTNERS)
__________________ __________________
(ACKNOWLEDGMENT)
__NAME OF CLIENT__
_______Address_______
Dear _____________:
We are pleased to propose the following engagement agreement in relation to Civil Case
No. _____________ which was filed by __Name of Plaintiff__ and is now pending before the
_____________ Trial Court, Branch _____, _____________, Philippines:
1. Scope of Work: As your legal counsel, we shall provide you with all legal services
necessary to protect your interests in relation to the said case filed against you. This will
include the filing of the Answer or other responsive pleading with Counterclaims, as well
as all the necessary pleadings, motions and other papers that may be required in the course
of the proceedings; presentation of evidence in your behalf and appearance for and in your
behalf in all hearings or conferences before the _____________ Trial Court, Branch _____,
_____________, Philippines.
It is agreed, however, that this engagement agreement shall be limited to proceedings and
processes before the _____________ Trial Court, Branch _____, _____________,
Philippines. Should it be necessary to litigate the matter in other or to higher tribunal(s),
same shall be subject to a separate agreement.
P_____________ - as Acceptance Fee which shall include research and study of the case
as well as the preparation of all pleadings up to the Pre-trial stage;
P_____________ - after the completion of the presentation of evidence for the plaintiff/s;
P_____________ - after the completion of the presentation of evidence for the defense,
submission of the Formal Offer of Evidence, and submission of the
case for decision;
4. Pleading Fee: After the pre-trial stage, there shall be a pleading fee of P_____________
for the preparation and filing of all other pleadings, briefs, memoranda, reply, oppositions,
comments or other written papers which may be required by the court or which may be
necessary in the course of the trial with the exception of routine motions like motions for
the resetting of hearings and the like;
6. Out-of-Pocket Expenses: Expenses for the costs of transcript of stenographic notes, filing
& docket fees, mediation fees, sheriff's fees, photocopy & mailing expenses, transportation,
hotel, and representation expenses, and other expenses incidental to the proceedings
SHALL BE FOR YOUR EXCLUSIVE ACCOUNT. The same shall be pre-cleared with
you when they are expected to be incurred.
Should the foregoing terms and conditions be acceptable to you, please indicate your
conformity by signing on the space provided below and immediately transmitting the original to
us for our files. We look forward to a mutually beneficial relationship and should you have any
questions regarding the foregoing, please do not hesitate to call. Regards.
CONFORME:
____CLIENT____
__Date__
__NAME OF CLIENT__
_______Address_______
Re: "Engagement Proposal for _____________"
Dear _____________:
We are pleased to propose the following engagement agreement in relation to your desire
to file an action for __Nature of Action/Case__ against __Defendant/s__:
It is understood that this agreement shall be limited to proceedings and processes before
the proper _____________ Trial Courts of _____________, Philippines. Should it be
necessary to litigate the matter to other or higher tribunals or appellate courts, same shall
be subject to a separate agreement.
2. Acceptance Fee: P_____________ which shall be paid upon the signing of this
Agreement;
5. Pleading Fee: Each Pleading or paper filed as required by the Rules of Court or by the
Court or which may be necessary for the effective prosecution of the case filed shall be
subject to separate billings at the following rates:
6. Out-of-Pocket Expenses: Expenses for the costs of transcript of stenographic notes, filing
& docket fees, mediation fees, sheriff's fees, photocopy & mailing expenses, transportation,
hotel, and representation expenses, and other expenses incidental to the proceedings
SHALL BE FOR YOUR EXCLUSIVE ACCOUNT. The same shall be pre-cleared with
you when they are expected to be incurred.
Should the foregoing terms and conditions be acceptable to you, please indicate your conformity
by signing on the space provided below and immediately transmitting the original to us for our
files. We look forward to a mutually beneficial relationship and should you have any questions
regarding the foregoing, please do not hesitate to call. Regards.
CONFORME:
____CLIENT____
__Date__
__NAME OF CLIENT__
_______Address_______
Dear _____________:
1. Scope of Work: To appear as Defense Counsel in the case; to prepare all witnesses for
trial; to prepare and file all such pleadings, motions, and memoranda that may be required
in the course of the proceedings; and to do such other acts that shall be necessary to protect
your interest in the case. It is understood, however, that this agreement shall be limited to
proceedings and processes before the _____________ Trial Court of _____________,
Philippines. Should it be necessary to litigate the matter to higher tribunals or appellate
courts, same shall be subject to a separate agreement.
2. Acceptance Fee: P_____________ which shall be payable upon the signing of this
Agreement.
Should the foregoing terms and conditions be acceptable to you, please indicate your
conformity by signing on the space provided below and immediately transmitting one copy to us
for our files. We look forward to a mutually beneficial relationship and should you have any
questions regarding the foregoing, please do not hesitate to call. Regards.
CONFORME:
____CLIENT____
__Date__
__NAME OF CLIENT__
_______Address_______
Dear _____________:
1. Scope of Work: To prepare and file the Complaint-Affidavit and the Affidavits of our
Witnesses; Appearance as Private Prosecutor in the case; preparation and presentation of
witnesses for trial; preparation and filing of all such pleadings, motions, and memoranda
that may be required in the course of the proceedings; and to do such other acts that shall
be necessary in the effective prosecution of the case. It is understood, however, that this
agreement shall be limited to proceedings and processes before the _____________ Trial
Court of _____________, Philippines. Should it be necessary to litigate the matter to higher
tribunals or appellate courts, same shall be subject to a separate agreement.
2. Acceptance Fee: P_____________ which shall be payable upon the signing of this
Agreement.
Should the foregoing terms and conditions be acceptable to you, please indicate your
conformity by signing on the space provided below and immediately transmitting one copy to us
for our files. We look forward to a mutually beneficial relationship and should you have any
questions regarding the foregoing, please do not hesitate to call. Regards.
CONFORME:
____CLIENT____
RETAINER CONTRACT
__Client__, a domestic corporation duly organized and existing under and by virtue of the
laws of the Republic of the Philippines, with principal office at _____________, Philippines and
represented in this act by its __Position__, __Name of Officer__, (hereinafter referred to as the
"CLIENT");
- and -
__Law Firm__, a law firm organized under and by virtue of the laws of the Republic of the
Philippines as a general professional partnership, with principal office at _____________,
Philippines, and represented in this act by its Managing Partner, __Name of Managing Partner__,
(hereinafter referred to as the "LAW FIRM");
WITNESSETH: That -
WHEREAS, the LAW FIRM has offered its professional legal services to the CLIENT
and CLIENT agrees to retain the professional legal services of the LAW FIRM under a retainership
basis, subject to the terms and conditions hereinafter stipulated:
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein agreed upon, the CLIENT and the LAW FIRM, by these presents, have entered, as they
hereby enter, into a contract of services whereby the LAW FIRM shall render legal services to the
CLIENT, under the following terms and conditions:
1. The term or duration of this contract shall be for one (1) year effective upon signing of this
agreement and shall automatically renewed on a year to year basis unless either party pre-
terminates the same upon serving a thirty (30) day-prior written notice to the other party,
without need of cause;
2. The LAW FIRM, while in the performance of its duties, shall be entitled to a fixed monthly
retainer fee of PESOS: __________________________ (P_________);
3. The LAW FIRM shall make itself available for ready consultation by the CLIENT or its
duly authorized officers in all matters or business requiring legal advice and opinion
affecting the said corporation in general. Written opinions rendered by the LAW FIRM on
matters affecting the business and operations of the corporation shall be subject to
confirmations;
4. The LAW FIRM shall render documentation and notarial services to the CLIENT as part
of this retainership. Client documents shall be notarized free of charge while documents
requiring the participation and signature of a party other than the Client shall be subject to
fees or charge at the following rates:
(Notarial Rates)
6. In collection cases other than extra-judicial foreclosure of mortgage, the attorney's fees
shall be at the rates provided as follows:
7. The LAW FIRM shall handle other cases as referred to it by the CLIENT for a fee that
shall be determined by mutual agreement of the LAW FIRM and the CLIENT, on a case
to case basis, such as, but not limited to, all suits or cases for or against the CLIENT,
including officers and employees of the CLIENT sued in their official capacity;
8. The LAW FIRM shall not compromise or settle judicially or extra-judicially any account,
foreclosure proceeding or suit wherein the CLIENT is a party, without the written consent
and conformity of the CLIENT or his duly authorized officer;
9. Routinary expenses for mailing of demand letters, pleadings to court and copies thereof to
adverse parties, costs of photocopy of evidentiary documents, payment of stenographic
notes, costs of publications of notices, as well as filing fees and other legal expenses in
court and other appropriate government offices shall be for the account of the CLIENT;
10. The LAW FIRM shall, whenever requested by the CLIENT take immediate measures to
investigate the facts and ascertain the legal position of the CLIENT concerning any
accidents, claim or liability, and shall on such cases do what may be required for the
protection of the CLIENT. The LAW FIRM may represent the CLIENT in all suits and
proceedings pending or which may be pending in Bacolod City or its environs wherein the
CLIENT is a party, or its rights or interest are involve, at the direction of the CLIENT;
11. The LAW FIRM shall keep in its office a docket of record in which it shall cause to be
recorded all proceedings connected with nay action which the CLIENT is interested and
shall keep such other records necessary to preserve a complete history of the business of
the CLIENT entrusted to its charge. Said docket and records shall be subject to the
inspection and control of the CLIENT or his representative;
12. The LAW FIRM shall submit to the CLIENT at least once every quarter or as often as
required, written reports on all pending matters handled by the LAW FIRM for the
CLIENT;
13. The LAW FIRM, in addition to the herein enumerated services, shall well and faithfully
serve the CLIENT and shall at all times devote its whole time and attention to the
assignments and tasks given and/or entrusted to it by the CLIENT and shall do and perform
all such services, acts and things connected therewith as the CLIENT shall from time to
time direct; nor shall the LAW FIRM at any time get itself in a situation where a conflict
of interest may arise between those of the CLIENT and the LAW FIRM and/or its
CLIENTS;
14. The LAW FIRM shall not, either during the term of this contract or any time thereafter,
use or disclose to any person, office, corporation or entity any confidential information
concerning the affairs of the CLIENT which he nay have acquired in the course of or as
incident to this contract for its own benefit, or to the detriment or probable detriment of the
CLIENT;
15. It is understood and agreed that nothing in this contract shall be construed as establishing
the relationship of employer-employee between the CLIENT and the LAW FIRM,
including its personnel;
16. Any violation of the terms and conditions of this contract by the LAW FIRM shall give the
CLIENT the option to rescind or cancel immediately the contract without necessity of
judicial proceedings;
17. The CLIENT reserves the right to terminate this Agreement without need of cause or
reason upon thirty-day written notice to the LAW FIRM.
IN WITNESS WHEREOF, the parties have signed this instrument this _____________
at _____________, Philippines.
__________________ __________________
(ACKNOWLEDGMENT)
__Date__
__NAME OF CLIENT__
_______Address_______
Sir / Madam:
We are pleased to propose the following revolving fund arrangement between you and our
Law Firm:
2. Purpose and coverage: The revolving fund shall operate as a trust account which
shall be administered by our Law Firm and which shall be used exclusively as a source
of fund to defray all expenses which may be incurred in all cases and matters being
handled by the Firm in your behalf.
4. Revolving fund replenishment: You shall receive a request for replenishment of the
fund whenever the amount of the fund is already very low and expenses are anticipated;
5. Liquidation: You shall receive a summary of expenses charged on the revolving fund
every quarter of the year or upon your request. The fund shall be also be subject to
liquidation at any time upon request. Any excess of the fund after the termination of
this agreement shall be returned to you.
Should the foregoing terms and conditions be acceptable to you, please indicate your
conformity by signing on the space provided below and immediately transmitting the original to
us for our files. We look forward to a mutually beneficial relationship and should you have any
questions regarding the foregoing, please do not hesitate to call. Regards.
LAW FIRM
CONFORME:
____CLIENT____
(CAPTION)
ANSWER
WITH COUNTERCLAIMS
COMES NOW Defendant _____________, by counsel and unto this Honorable Court, most
2. Insofar as paragraphs 6 and 7 are concerned, the best evidence thereof are the actual stipulations
as set forth in Paragraph 7 of the Promissory Note and Paragraph 11 of the Deed of Chattel
Mortgage;
3. Defendant vehemently denies the allegations contained in paragraph 8 of the Complaint.
Defendant's mode of payment of her car loan with the Plaintiff Bank has always been by way of
auto-debit of her account with the same bank under Account No. _____________. To pay off her
monthly amortization, Defendant had continuously and religiously deposited the required
amounts on her said account since April 2002, which was in turn likewise religiously auto-debited
4. To cover her monthly amortization for July 8, 2004, which was falsely alleged by the Plaintiff Bank
to have not been paid, Defendant deposited the amount of P24,000.00 to her said Account No.
_____________ so that it could be auto-debited by the Plaintiff Bank the following day when the
said amortization for July 2004 became due. Machine copy of deposit slip dated July 7, 2004 in
the amount of P24,000.00 is hereto attached as Annex "1" and made an integral part of this
Answer;
5. To cover her monthly amortizations after July 2004, Defendant likewise continued to make
September 3, 2004; and another P24,000.00 on October 5, 2004. The said continuous deposits of
P24,000.00 monthly from July to October, 2004 were more than enough to cover her alleged
default of four (4) months. Machine copies of Defendants deposit slips for the months of August
to October, 2004 are hereto attached as Annexes "1-A" to "1-C" and made integral parts of this
Answer;
6. Sometime in July 2004, the attention of the Defendant was called by the bank that she had not
paid her due for July 2004 which she thought was impossible considering that she had always
been paying by way of auto-debit and she had not failed to deposit the required amount in her
account;
7. Defendant immediately visited Plaintiff's branch and it was alleged that she had not signed an
auto-debit agreement with the bank, which was ridiculous considering that the bank had made
auto-debits on her account from April 2002 through June 2004. Nonetheless, to ensure that she
would not be in default in the payment of her loan amortization, she paid the amortizations for
July to October, 2004 over the counter in the presence of Plaintiff's Branch Manager
_____________. Machine copies of Defendant's Loan Payment Slips: P13,357.53 on July 9, 2004,
P13,357.53 on August 9, 2004, P13,357.53 on September 10, 2004, and P13,357.53 on October 8,
2004 are hereto attached as Annexes "2-A" to "2-D", respectively and made integral parts of this
Answer;
8. Defendant's admits the receipt of Plaintiff's demand letter dated October 29, 2004 mentioned in
paragraph 9 of the Complaint but vehemently denies the rest of the allegations contained therein,
especially Plaintiff's malicious denial of Defendant's payments for the months of July to October
2004;
9. Upon receipt of the said demand letter, Defendant immediately visited the Plaintiff's branch to
complain about the said demand letter and to pay her amortization for November 2004 over-the-
counter. However, the said payment was refused by the Plaintiff Bank which insisted on the
payment of the full amount of P289,229.84 as claimed in its demand letter and falsely claiming
that Defendant defaulted in payment of her amortization for four (4) months, i.e., from July to
October 2004. As such, Defendant there and then requested and demanded for a print-out of her
statement of account and summary of all payments made but the same could not be produced
by the Plaintiff Bank and she was even arrogantly told to make her request through their Manila
office;
10. Considering that Defendant has not defaulted in the payment of her amortizations as previously
intimated, there is therefore no factual and legal basis for the Plaintiff's claims and allegations set
forth in paragraphs 10, 11 and 12 of the Complaint as well as for the issuance of a Writ of Replevin
for the seizure of the subject motor vehicle from the Defendant;
11. The allegation contained in paragraph 13 (b) of the Complaint as to the actual value of the subject
motor vehicle as only approximately P290,000.00 is specifically denied. The subject motor vehicle
is well maintained and is in good condition and as such it still has an actual market value of
approximately P500,000.00 and therefore, Plaintiff's Replevin Bond of only P580,000.00 should
AS COMPULSORY COUNTERCLAIMS
12. Defendant hereby restates and repleads all the allegations in the preceding paragraphs by way of
13. As a consequence of the malicious and wrongful filing of this entirely baseless and unjustified
starting on December 16, 2004 when the Defendant had been unjustifiably deprived of the
possession, use and enjoyment of the subject vehicle, until actual possession of the subject
14. As a consequence of the malicious and wrongful filing of this entirely baseless and unjustified
action, which is attended by extreme bad faith, lies and deception, denial of payments made, and
the unjustified seizure of the subject motor vehicle from the Defendant, the latter and her family
had suffered sleepless nights, mental anguish, serious anxiety, severe stress, wounded feelings,
besmirched reputation and social humiliation for which Plaintiff should be made liable for moral
15. In instituting this unwarranted and clearly unfounded suit against the Defendant, Plaintiff had
acted in a wanton, fraudulent, reckless and malevolent manner and, by way of example or
correction for the public good, Plaintiff should be made liable to pay Defendant exemplary
16. As a further consequence of the malicious and wrongful filing of the present action, Defendant
was constrained to hire the services of counsel for a legal fee of __________________________
appearance, and to incur expenses of litigation for which plaintiff should be made to pay.
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that after hearing on the
2. Ordering the immediate re-delivery of the subject motor vehicle to the Defendant
and/or to pay Defendant its actual market value at the time of dispossession should
actual delivery be no longer possible, plus interest at the rate of five (5%) per month
__________________________ (P_____________);
__________________________ (P_____________);
Other reliefs just and equitable under the premises are likewise prayed for.
(COUNSEL)
(VERIFICATION)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
______________________,
Plaintiff-Appellant,
C.A.-G.R. No. _____________
- versus -
(Designation of the Pleading)
______________________,
Defendant-Appellee,
x-----------------x
Republic of the Philippines
IN THE MUNICIPAL TRIAL COURT OF __MUNICIPALITY__
_________ Judicial Region
Branch _____, __ Municipality__
______________________,
Plaintiff,
Civil Case No. _____________
- versus -
(Designation of the Pleading)
______________________,
Defendant,
x-----------------x
Republic of the Philippines
IN THE MUNICIPAL TRIAL COURT OF __MUNICIPALITY__
_________ Judicial Region
Branch _____, __ Municipality__
______________________,
Plaintiff,
Civil Case No. _____________
- versus -
(Designation of the Pleading)
______________________,
Defendant,
x-----------------x
Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
_________ Judicial Region
Branch _____, __ City __
______________________,
Plaintiff,
Civil Case No. _____________
- versus -
(Designation of the Pleading)
______________________,
Defendant,
x-----------------x
Republic of the Philippines
REGIONAL TRIAL COURT
_________ Judicial Region
Branch _____, __Province/City__
______________________,
Plaintiff,
Civil Case No. _____________
- versus -
(Designation of the Pleading)
______________________,
Defendant,
x-----------------x
Republic of the Philippines
SUPREME COURT
Manila
______________________,
Plaintiff-Appellant,
G.R. No. _____________
- versus -
(Designation of the Pleading)
______________________,
Defendant-Appellee,
x-----------------x
CERTIFICATION OF NON-FORUM SHOPPING
(a) I have not theretofore commenced any other action or proceeding or filed any claim
involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of
my knowledge, no such action or proceeding is pending therein; (c) if I should thereafter learn that
the same or similar action or proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within
five (5) days therefrom to the court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
NOTARY PUBLIC
(CAPTION)
COMPLAINT
COMES NOW Plaintiff, by counsel and to this Honorable Court, respectfully states that:
1. Plaintiff _____________ is of legal age, Filipino, (single / married / widow), and a resident
of _____________, Philippines. For purposes of this action, plaintiff may be served with
all orders, notices, and other processes of this Honorable Court through the office address
2. Defendant _____________, of legal age, Filipino, (single / married / widow), and may be
served with summons and other processes of this Honorable Court at his last known address
at _____________, Philippines;
4. A true and faithful machine reproduction of the Promissory Note made by the Defendant
failed and neglected to pay, without just and valid grounds, the said Outstanding Balance
6. Despite Plaintiff's repeated demands, both written and verbal, Defendant failed, neglected
and refused, and continues to fail and refuse to pay and to settle the said Outstanding
Balance, without just and valid grounds, to the continued damage and prejudice of Plaintiff;
7. A true and faithful machine reproduction of the Plaintiff's demand letter to Defendant dated
PRAYER
WHEREFORE, after due notice and hearing, Plaintiff respectfully prays that judgment be
Note;
conference;
c. _____________ (_____%) percent of the total amount due as Collection
2. Plaintiff respectfully prays for such other reliefs as may be just and equitable in the
premises.
(COUNSEL)
(VERIFICATION)
(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a Writ of Preliminary
Mandatory Injunction)
(CAPTION)
COMPLAINT
COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable Court, most
1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines. For purposes of this action, Plaintiff may be served with copies of our notices and
orders of the Honorable Court at the office address of the undersigned counsel indicated
below;
2. Defendant is also of legal age, Filipino, and for purposes of this action, he may be served with
summons and other processes of this Honorable Court at his residence and post-office
3. Plaintiff is the true and registered owner of a certain parcel of land situated in
meters, and identified as Lot ________ and covered by Transfer Certificate of Title No.
4. That sometime in _____________, Defendant and his family began to be in possession of the
said property, not by virtue of any title or contract, but merely upon the Plaintiff's tolerance,
5. That on _____________, Plaintiff demanded that Defendant vacate and return the possession
of the said parcel of land to the herein Plaintiff, but despite numerous demands for him and
his family to vacate, Defendant has remained in illegal possession of the said land and, up to
the present, still retain such possession. Machine copy of the said demand letter is attached
6. While possession by tolerance is lawful, such possession becomes illegal upon demand to
vacate is made by the owner and the possessor by tolerance refuses to comply with such
demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA 786, 788; Isidro vs. Court of
any contract between them, is necessarily bound by an implied promise that he will vacate
upon demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of Appeals, G.R. No. 108817,
9. That due to the unjust refusal of the Defendant to vacate and to return the said land to the
Plaintiff, the latter was constrained to endorse the said matter to its legal counsel for the filing
10. That this action is being filed within a period of one (1) year from the demand on Defendant
11. Plaintiff repleads by reference all of the foregoing allegations as may be material and relevant
12. Defendant's continued illegal occupation of the said parcel of land and refusal to vacate the
same and to peacefully surrender possession thereof to herein Plaintiff is working grave
the immediate delivery and surrender by the defendants of possession of the land to the
Plaintiff;
14. In the event that a writ of preliminary mandatory injunction is granted to Plaintiff, she is
ready, willing and able to post a bond to answer for all damages Defendant may sustain by
reason of said injunction if the court should finally decide that Plaintiff is not entitled thereto.
PRAYER
WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be rendered in favor
of the plaintiffs:
a) Ordering the Defendant, his family, successors, assigns and all persons acting under him, to
vacate Lot _____________ that is covered by Transfer Certificate of Title No. _____________
of the Registry of Deeds for the Province of _____________ and to peacefully turn over the
b) Ordering Defendant to pay Plaintiff monthly rental at the rate of P_____________ per month
from the time of the filing of this action to the time possession is returned to the Plaintiff;
d) That pending the outcome of the instant case, a writ of preliminary mandatory injunction be
immediately issued ordering the Defendant, his family, successors, assigns and all persons
acting under him, to immediately vacate the said parcel of land and return possession of the
Other reliefs just and equitable under the premises are likewise prayed for.
Date _____________, Philippines, __Date__.
(COUNSEL)
(VERIFICATION)
AFFIDAVIT OF MERIT
1. That I am the plaintiff in the above-captioned case filed against _____________ before the
Municipal Trial Court of _____________, Philippines;
2. That I am the true and registered owner of a certain parcel of land situated in _____________,
identified as Lot ________ and covered by Transfer Certificate of Title No. _____________ of
the Registry of Deeds for the Province of Negros Occidental;
4. That sometime in _____________, I demanded from the Defendant that he and his family
vacate and return the possession of the said property, but despite numerous demands for
him to vacate, the Defendant has remained in illegal possession of the said land and, up to
the present, still retain such possession;
5. That the reasonable rental value of the said land is __________________________
(P___________) per month;
6. That Defendant's continued illegal occupation of the property and refusal to vacate the same
and to peacefully surrender possession thereof is working grave injustice and causing damage
to the undersigned;
7. That I am entitled to the reliefs demanded in my complaint, and the whole or part of such
relief consists in the immediate delivery and surrender by the Defendant of possession of the
land to the undersigned;
8. That in the event that I am granted a writ of preliminary mandatory injunction, I am ready,
willing and able to post a bond to answer for all damages that the Defendant may sustain by
reason of said injunction if the court should finally decide that I am not entitled thereto.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the _____________,
Philippines.
AFFIANT
(JURAT)
(CAPTION)
COMPLAINT
PLAINTIFF, by counsel and unto this Honorable Court, most respectfully alleges:
1. Plaintiff is a domestic corporation duly organized and existing under Philippine laws with principal
office at _____________, Philippines. For purposes of this action, plaintiff may be served with all
orders, notices and other processes through the office address of its undersigned counsel;
2. Defendant _____________ is of legal age, Filipino and may be served with summons, orders and other
processes of this Honorable Court at (his/her) last known address at _____________, Philippines;
3. Defendant JOHN DOE, whose real name and address is presently unknown to Plaintiff, is herein joined
as an alternative party defendant being the person in whose possession or custody the mortgaged
chattel subject of this action may have been transferred or could be found considering that the subject
4. On _____________, for value received, Defendant _____________ executed and delivered to the
amount of P_____________ each according to the schedule of payment indicated in said Promissory
Note, a copy of which hereto attached as Annex "A" made an integral part hereof;
5. In order to secure the payment of the above mentioned Promissory Note and other obligations
defined in the Chattel Mortgage Contract, Defendant _____________ executed in favor of the herein
plaintiff on the same date, a Chattel Mortgage over the motor vehicle described below, a copy of
which is hereto attached as Annex "B" and made integral part hereof:
6. That the above-described motor vehicle is presently in the possession of the Defendants
_____________ or the defendant JOHN DOE, or their agents, representatives or persons acting in
their behalf, and are unlawfully, maliciously and wrongfully detaining it;
7. Defendant _____________ defaulted in complying with the terms and conditions of the said
Promissory Note and Chattel Mortgage (Annexes "A" and "B") by failing to pay (his/her) instalments
due since _____________ for this reason, plaintiff demanded from said Defendant the payment of
(his/her) outstanding account but Defendant still failed and refused to do so. Copy of Plaintiff's
demand letter dated _____________ is hereto attached as Annex "C" and made an integral part
hereof;
8. Thus, pursuant to the provisions of the Chattel Mortgage, plaintiff initiated a Petition for Extra-Judicial
Foreclosure of Chattel Mortgage under Act 1508 with the Office of the (City/Provincial) Sheriff of
_____________, a copy of which is attached hereto as Annex "D" and made an integral part hereof;
9. Despite the foreclosure however, and despite notice and demand to the Defendant _____________
to surrender the subject motor vehicle subject for foreclosure, Defendant failed and continued to fail
to surrender the same without any legal or justifiable cause. A copy of the said demand letter dated
10. By virtue of the unjustifiable failure and refusal of the Defendant to turn-over the possession of the
subject chattel / motor vehicle for purposes of foreclosure, plaintiff was constrained to institute the
instant action and secure the services of the undersigned counsel for attorney's fees equivalent to
_____________ (_____%) percent of the total amount due and outstanding on the Promissory Note
and Chattel Mortgage, liquidated damages and expenses incurred in relation with the manual delivery
of the above-described motor vehicle, including the expenses for the payment of the premium on the
replevin bond filed in support of the prayer for the issuance of a warrant for the seizure thereof;
11. Plaintiff is entitled to the immediate possession of the mortgaged motor vehicle described above,
which Defendants are wrongfully detaining for the purpose of defeating plaintiff's mortgage lien
thereon;
12. That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or
seized under a writ of executed or preliminary attachment, or otherwise placed under custodia legis,
13. That the estimated actual market value of the said motor vehicle is P_____________;
14. Plaintiff is ready, willing and able to put up a good and solvent bond of double the actual market value
of the above-described motor vehicle conditioned on the return of the same to the Defendants if such
return be adjudged, and for payment of such sum as they may recover from the plaintiff in the instant
action.
PRAYER
a) To forthwith issue a Writ of Replevin for the immediate seizure and recovery of possession of the
afore-described chattel / motor vehicle, complete with all its accessories and equipments,
together with the Registration Certificate thereof, with authority to break open and enter any
premises where the same may be found and to direct the manual delivery thereof to the plaintiff
in accordance with law for purposes of foreclosure, and after due hearing, to confirm the said
b) Or, in the event that manual delivery of the said motor vehicle cannot be effected, to render
judgment in favor of the plaintiff against the Defendants, ordering them to pay plaintiff jointly
and severally the principal sum of P_____________, plus liquidated damages, penalties, and
c) In either case, to order Defendants to pay Plaintiff the sum of _____________ (_____%) percent
of the total amount due as Attorney's Fees, and to reimburse plaintiff its expenses for getting a
replevin bond, litigation expenses as may be proved during trial, and other expenses incurred in
the seizure of the said motor vehicle, and the cost of suit.
Other relief as may be deemed just and equitable in the premises are likewise prayed for.
(COUNSEL)
City/Municipality of _____________)
x-----------------------x
VERIFICATION / CERTIFICATION
AND AFFIDAVIT OF MERIT
I, _____________, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, after being sworn to in accordance with law, depose and state:
1. That I am the Manager of _____________, the plaintiff in the above-captioned case which is for
replevin / recovery of possession of the following motor vehicle:
2. That the Plaintiff is the mortgagee of the above-described motor vehicle and is entitled to the immediate
possession thereof for purposes of foreclosure of the Chattel Mortgage on the said motor vehicle;
3. That the above-described motor vehicle is presently in the possession of the Defendants
_____________ or a certain JOHN DOE, or their agents, representatives or persons acting in their
behalf, and are unlawfully, maliciously and wrongfully detaining it;
4. That the above-described motor vehicle has an estimated actual market value of P_____________;
5. That the said motor vehicle has not been distrained or taken for a tax assessment or a fine pursuant
to law, or seized under a writ of execution or preliminary attachment, or otherwise placed under
custodia legis, or if so seized, that it is exempt from such seizure or custody;
6. That the plaintiff is ready, willing and able to put up a good and sufficient bond of double the actual
market value of said motor vehicle conditioned on the return thereof to the Defendants if such return
be adjudged, and for payment of such sum as they may recover from the plaintiff in the instant action;
7. That I have caused the preparation of the foregoing Complaint; that I have read the allegations contained
therein and I know the contents thereof. The allegations contained herein are true and correct based on
my own personal knowledge and based on authentic records at hand;
8. That I further certify that: (a) I and the plaintiff _____________ have not theretofore commenced any
other action or proceeding involving the same matter in the Supreme Court, the Court of Appeals, or any
other tribunal or agency; (b) to the best of my knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency; and (c) if a similar action or
proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I and the corporation undertake to report such fact within five (5) days therefrom to
the court or agency wherein the original pleading and sworn certification contemplated herein have been
filed.
AFFIANT
(JURAT)
(Compliance with Order to Inform the Court of Date of Receipt of Order / Resolution)
(CAPTION)
COMPLIANCE
compliance with the directive of the (Order / Resolution) dated _____________ of the Honorable
Court in the above-entitled case, wishes to inform the Honorable Court that it received a copy of the
RESPECTFULLY SUBMITTED.
COPY FURNISHED:
OPPOSING COUNSEL
(EXPLANATION)
(CAPTION)
NOTICE OF DISMISSAL
Plaintiff, by counsel and to this Honorable Court, most respectfully alleges that:
1. Defendants have already settled all their obligations to the herein Plaintiff;
2. No Answer or Motion for Summary Judgment has yet been filed by the Defendants in
this case;
3. As such, Plaintiff hereby gives notice of dismissal of its Complaint pursuant to Section
PRAYER
WHEREFORE, Plaintiff hereby gives notice of the dismissal of its Complaint in the
above-captioned case pursuant to Section 1 of Rule 17 of the 1997 Revised Rules on Civil
Procedure.
(COUNSEL)
COPY FURNISHED:
OPPOSING COUNSEL
(Explanation for Not Serving/Filing Pleading Personally)
EXPLANATION
The foregoing (Pleading / Motion) is being filed with this Honorable Court and served on
the opposing counsel by registered mail in view of the impracticability of personal filing and
service due to distance considering that the office of this Honorable Court is at _____________
and that of the opposing counsel is at _____________, while undersigned counsel holds office in
_____________.
COUNSEL
(CAPTION)
ATTY. __________________________
COUNSEL FOR _____________
Greetings:
Kindly take notice that the undersigned counsel's new office and official address is now at
__________________________, and that his new Phone/Fax No. is _____________. It is
requested that henceforth, the undersigned be served with copies of orders, judgments, notices,
pleadings, motions and all other papers through his new address as presently indicated.
(COUNSEL)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
Notice is hereby given to this Honorable Court of the death of (Plaintiff / Defendant)
spouse _____________ and son _____________, who are both residing at _____________.
RESPECTFULLY SUBMITTED.
(COUNSEL)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
Please be notified that on _____________, Plaintiff filed a Complaint for Quieting of Title
dated _____________ against Defendant docketed as Civil Case No. _____________. A copy of
The said Complaint involves title and ownership over a certain parcel of land situated at
A copy of the aforesaid Transfer Certificate of Title No. _____________ is attached hereto
as Annex "B".
case (Civil Case No. _____________) be annotated on the Transfer Certificate of Title No.
_____________.
(COUNSEL)
(VERIFICATION)
MUNICIPALITIES of _____________________,
______(Name of Petitioner)______,
Petitioner.
x --------------------------------------------------- x
PETITION
COMES NOW Petitioner to this Honorable Court, most respectfully states that:
1. He is a citizen of the Philippines, born on _____________, over 21 years of age and has completed
2. He was admitted to the Philippine Bar on _____________ and was assigned Attorney's Roll No.
_____________;
3. He has been a resident in the Philippines for more than one (1) year and holds regular office at
4. He is a member of good standing of the Integrated Bar of the Philippines, Negros Occidental
Chapter, as evidenced by IBP Official Receipt No. _____________ dated _____________ and the
Certification of good moral character issued by two (2) executive officers of the local chapter of
the Integrated Bar of the Philippines, copies of which are hereto attached and made an integral
5. He has paid his Professional Tax for the current year and was issued Professional Tax Receipt (PTR)
6. He has submitted his complete notarial records for the period of his previous notarial commission
to the Office of the Clerk of Court, Regional Trial Court, _____________ City;
7. He undertakes to immediately inform the Honorable Court of any change in his address and/or
telephone numbers;
8. He now desires to be (re-)appointed and (re-)commissioned as Notary Public acting for and in the
9. He has not been appointed Notary Public by any other Executive Judge for the term applied for;
10. He has never been convicted of any crime involving moral turpitude; and
11. He has affixed hereto three (3) facsimile signatures and true impressions of his dry seal, as well as
three (3) passport-size unretouched color photographs with light background taken within thirty
PRAYER
WHEREFORE, Petitioner most respectfully prays that he be (re-)appointed and (re-) commissioned
as Notary Public for and in the City of _____________ and the Municipality of _____________, all in the
(PETITIONER)
(VERIFICATION)
City/Municipality of _____________)
x-----------------------x
g to submit the case for judgment on the pleadings or summary judgment or to dismiss
the action should a valid ground therefor be found to exist;
i to do and agree on such other matters as may aid in the prompt disposition of the
action.
HEREBY GIVING AND GRANTING unto the said Attorney-in-Fact full power and authority to do
and perform all and every act and thing whatsoever requisite and necessary to be done in and about the
premises and hereby ratifying and confirming all that the said Attorney-in-Fact shall lawfully do or cause
to be done by virtue of this Special Power of Attorney.
By: PRESIDENT
__________________ __________________
(ACKNOWLEDGMENT)
City/Municipality of _____________)
x-----------------------x
g to submit the case for judgment on the pleadings or summary judgment or to dismiss
the action should a valid ground therefor be found to exist;
i to do and agree on such other matters as may aid in the prompt disposition of the
action.
HEREBY GIVING AND GRANTING unto the said Attorney-in-Fact full power and authority to do
and perform all and every act and thing whatsoever requisite and necessary to be done in and about the
premises and hereby ratifying and confirming all that the said Attorney-in-Fact shall lawfully do or cause
to be done by virtue of this Special Power of Attorney.
__________________ __________________
(ACKNOWLEDGMENT)
(CAPTION)
PRE-TRIAL BRIEF
DEFENDANT, by counsel and unto the Honorable Court, most respectfully submits this Pre-Trial
Brief:
Defendant is open and willing to enter into an amicable settlement or compromise under the
following terms:
1. __________________________
2. __________________________
3. __________________________
Defendant is willing to submit itself to mediation and other alternative modes of dispute
resolution.
Defendant, in its Answer with Counterclaims, dated _____________, prays for the dismissal of
Admitted Facts
1. __________________________
2. __________________________
3. __________________________
1. __________________________
2. __________________________
3. __________________________
Issues
Witnesses to be presented
Defendant will present the following witnesses:
2. _____________ - to corroborate the testimony of the Defendant on its material points and to
testify that __________________________;
3. _____________ - to corroborate the testimony of the Defendant on its material points and to
testify that __________________________;
Defendant will need at least ___________ (______) (hour/minutes) per witness, exclusive of
Reservation
Defendant expressly reserves the right to present such additional witnesses and other exhibits
It is respectfully requested that the trial dates be set during the pre-trial conference to dates
(COUNSEL)
COPY FURNISHED:
OPPOSING COUNSEL
(EXPLANATION)
(CAPTION)
PRE-TRIAL BRIEF
PLAINTIFF, by counsel and unto the Honorable Court, most respectfully submits this Pre-Trial
Brief:
following terms:
1. __________________________
2. __________________________
3. __________________________
Plaintiff is willing to submit itself to mediation and other alternative modes of dispute resolution.
Admitted Facts
1. __________________________
2. __________________________
3. __________________________
1. __________________________
2. __________________________
3. __________________________
Issues
1. Plaintiff (himself/herself) - to testify on the materials allegations, causes of action, and claims
as set forth in the Complaint;
2. _____________ - to corroborate the testimony of the Plaintiff on its material points and to
testify that __________________________;
3. _____________ - to corroborate the testimony of the Plaintiff on its material points and to
testify that __________________________;
Plaintiff will need at least ___________ (______) (hour/minutes) per witness, exclusive of cross-
Reservation
Plaintiff expressly reserves the right to present such additional witnesses and other exhibits and
It is respectfully requested that the trial dates be set during the pre-trial conference to dates
(COUNSEL)
COPY FURNISHED:
OPPOSING COUNSEL
(EXPLANATION)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF ATTACHMENT
3. That this action is one of those specifically mentioned in Rule 57 of the Revised Rules of Court,
whereby a writ of attachment may issue, to wit: This is an action against Defendant who was
guilty of a fraud in incurring the obligation upon which the action is brought or in the performance
thereof and that the defendant has already removed or disposed of some of his valuable
properties and is still about to do so with respect to those remaining with intent to defraud his
creditors including herein Plaintiff thereby rendering nugatory whatever money judgment this
Honorable Court may render in the above-entitled case;
4. That there is no other sufficient security for the claim sought to be enforced by this action;
5. That the amount due to the Plaintiff is as much the sum for which an Order of Attachment is
sought to be granted, above all legal counterclaim on the part of the Defendant.
AFFIANT
(JURAT)
City/Municipality of _____________)
x-----------------------x
AFFIDAVIT OF ATTACHMENT
2. That there is a valid and sufficient cause of action against the Defendants named therein;
3. That this action is one of those specifically mentioned in Rule 57 of the Revised Rules of Court,
whereby a writ of attachment may issue, to wit: (state specific grounds)
4. That there is no other sufficient security for the claim sought to be enforced by this action;
5. That the amount due to the Plaintiff is as much the sum for which an Order of Attachment is sought
to be granted, above all legal counterclaim on the part of the Defendants.
AFFIANT
(JURAT)
(Recovery of Personal Property with Prayer for a Writ of Replevin)
(CAPTION)
COMPLAINT
PLAINTIFF, by counsel and unto this Honorable Court, most respectfully alleges:
1. Plaintiff is a domestic corporation duly organized and existing under Philippine laws with principal
office at _____________, Philippines. For purposes of this action, plaintiff may be served with all
orders, notices and other processes through the office address of its undersigned counsel;
2. Defendant _____________ is of legal age, Filipino and may be served with summons, orders and other
processes of this Honorable Court at (his/her) last known address at _____________, Philippines;
3. Defendant JOHN DOE, whose real name and address is presently unknown to Plaintiff, is herein joined
as an alternative party defendant being the person in whose possession or custody the mortgaged
chattel subject of this action may have been transferred or could be found considering that the subject
4. On _____________, for value received, Defendant _____________ executed and delivered to the
amount of P_____________ each according to the schedule of payment indicated in said Promissory
Note, a copy of which hereto attached as Annex "A" made an integral part hereof;
5. In order to secure the payment of the above mentioned Promissory Note and other obligations
defined in the Chattel Mortgage Contract, Defendant _____________ executed in favor of the herein
plaintiff on the same date, a Chattel Mortgage over the motor vehicle described below, a copy of
which is hereto attached as Annex "B" and made integral part hereof:
6. That the above-described motor vehicle is presently in the possession of the Defendants
_____________ or the defendant JOHN DOE, or their agents, representatives or persons acting in
their behalf, and are unlawfully, maliciously and wrongfully detaining it;
7. Defendant _____________ defaulted in complying with the terms and conditions of the said
Promissory Note and Chattel Mortgage (Annexes "A" and "B") by failing to pay (his/her) instalments
due since _____________ for this reason, plaintiff demanded from said Defendant the payment of
(his/her) outstanding account but Defendant still failed and refused to do so. Copy of Plaintiff's
demand letter dated _____________ is hereto attached as Annex "C" and made an integral part
hereof;
8. Thus, pursuant to the provisions of the Chattel Mortgage, plaintiff initiated a Petition for Extra-Judicial
Foreclosure of Chattel Mortgage under Act 1508 with the Office of the (City/Provincial) Sheriff of
_____________, a copy of which is attached hereto as Annex "D" and made an integral part hereof;
9. Despite the foreclosure however, and despite notice and demand to the Defendant _____________
to surrender the subject motor vehicle subject for foreclosure, Defendant failed and continued to fail
to surrender the same without any legal or justifiable cause. A copy of the said demand letter dated
subject chattel / motor vehicle for purposes of foreclosure, plaintiff was constrained to institute the
instant action and secure the services of the undersigned counsel for attorney's fees equivalent to
_____________ (_____%) percent of the total amount due and outstanding on the Promissory Note
and Chattel Mortgage, liquidated damages and expenses incurred in relation with the manual delivery
of the above-described motor vehicle, including the expenses for the payment of the premium on the
replevin bond filed in support of the prayer for the issuance of a warrant for the seizure thereof;
11. Plaintiff is entitled to the immediate possession of the mortgaged motor vehicle described above,
which Defendants are wrongfully detaining for the purpose of defeating plaintiff's mortgage lien
thereon;
12. That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or
seized under a writ of executed or preliminary attachment, or otherwise placed under custodia legis,
13. That the estimated actual market value of the said motor vehicle is P_____________;
14. Plaintiff is ready, willing and able to put up a good and solvent bond of double the actual market value
of the above-described motor vehicle conditioned on the return of the same to the Defendants if such
return be adjudged, and for payment of such sum as they may recover from the plaintiff in the instant
action.
PRAYER
afore-described chattel / motor vehicle, complete with all its accessories and equipments,
together with the Registration Certificate thereof, with authority to break open and enter any
premises where the same may be found and to direct the manual delivery thereof to the plaintiff
in accordance with law for purposes of foreclosure, and after due hearing, to confirm the said
b) Or, in the event that manual delivery of the said motor vehicle cannot be effected, to render
judgment in favor of the plaintiff against the Defendants, ordering them to pay plaintiff jointly
and severally the principal sum of P_____________, plus liquidated damages, penalties, and
c) In either case, to order Defendants to pay Plaintiff the sum of _____________ (_____%) percent
of the total amount due as Attorney's Fees, and to reimburse plaintiff its expenses for getting a
replevin bond, litigation expenses as may be proved during trial, and other expenses incurred in
the seizure of the said motor vehicle, and the cost of suit.
Other relief as may be deemed just and equitable in the premises are likewise prayed for.
(COUNSEL)
City/Municipality of _____________)
x-----------------------x
VERIFICATION / CERTIFICATION
AND AFFIDAVIT OF MERIT
1. That I am the Manager of _____________, the plaintiff in the above-captioned case which is for
replevin / recovery of possession of the following motor vehicle:
2. That the Plaintiff is the mortgagee of the above-described motor vehicle and is entitled to the immediate
possession thereof for purposes of foreclosure of the Chattel Mortgage on the said motor vehicle;
3. That the above-described motor vehicle is presently in the possession of the Defendants
_____________ or a certain JOHN DOE, or their agents, representatives or persons acting in their
behalf, and are unlawfully, maliciously and wrongfully detaining it;
4. That the above-described motor vehicle has an estimated actual market value of P_____________;
5. That the said motor vehicle has not been distrained or taken for a tax assessment or a fine pursuant
to law, or seized under a writ of execution or preliminary attachment, or otherwise placed under
custodia legis, or if so seized, that it is exempt from such seizure or custody;
6. That the plaintiff is ready, willing and able to put up a good and sufficient bond of double the actual
market value of said motor vehicle conditioned on the return thereof to the Defendants if such return
be adjudged, and for payment of such sum as they may recover from the plaintiff in the instant action;
7. That I have caused the preparation of the foregoing Complaint; that I have read the allegations contained
therein and I know the contents thereof. The allegations contained herein are true and correct based on
my own personal knowledge and based on authentic records at hand;
8. That I further certify that: (a) I and the plaintiff _____________ have not theretofore commenced any
other action or proceeding involving the same matter in the Supreme Court, the Court of Appeals, or any
other tribunal or agency; (b) to the best of my knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency; and (c) if a similar action or
proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I and the corporation undertake to report such fact within five (5) days therefrom to
the court or agency wherein the original pleading and sworn certification contemplated herein have been
filed.
AFFIANT
(JURAT)
(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a Writ of Preliminary
Mandatory Injunction)
(CAPTION)
COMPLAINT
COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable Court, most
1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines. For purposes of this action, Plaintiff may be served with copies of our notices and
orders of the Honorable Court at the office address of the undersigned counsel indicated
below;
2. Defendant is also of legal age, Filipino, and for purposes of this action, he may be served with
summons and other processes of this Honorable Court at his residence and post-office
3. Plaintiff is the true and registered owner of a certain parcel of land situated in
meters, and identified as Lot ________ and covered by Transfer Certificate of Title No.
4. That sometime in _____________, Defendant and his family began to be in possession of the
said property, not by virtue of any title or contract, but merely upon the Plaintiff's tolerance,
5. That on _____________, Plaintiff demanded that Defendant vacate and return the possession
of the said parcel of land to the herein Plaintiff, but despite numerous demands for him and
his family to vacate, Defendant has remained in illegal possession of the said land and, up to
the present, still retain such possession. Machine copy of the said demand letter is attached
6. While possession by tolerance is lawful, such possession becomes illegal upon demand to
vacate is made by the owner and the possessor by tolerance refuses to comply with such
demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA 786, 788; Isidro vs. Court of
7. A person who occupies the land of another at the latter's tolerance or permission, without
any contract between them, is necessarily bound by an implied promise that he will vacate
upon demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of Appeals, G.R. No. 108817,
9. That due to the unjust refusal of the Defendant to vacate and to return the said land to the
Plaintiff, the latter was constrained to endorse the said matter to its legal counsel for the filing
10. That this action is being filed within a period of one (1) year from the demand on Defendant
12. Defendant's continued illegal occupation of the said parcel of land and refusal to vacate the
same and to peacefully surrender possession thereof to herein Plaintiff is working grave
13. Plaintiff is entitled to the reliefs demanded, and the whole or part of such relief consists in
the immediate delivery and surrender by the defendants of possession of the land to the
Plaintiff;
14. In the event that a writ of preliminary mandatory injunction is granted to Plaintiff, she is
ready, willing and able to post a bond to answer for all damages Defendant may sustain by
reason of said injunction if the court should finally decide that Plaintiff is not entitled thereto.
PRAYER
WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be rendered in favor
of the plaintiffs:
a) Ordering the Defendant, his family, successors, assigns and all persons acting under him, to
vacate Lot _____________ that is covered by Transfer Certificate of Title No. _____________
of the Registry of Deeds for the Province of _____________ and to peacefully turn over the
b) Ordering Defendant to pay Plaintiff monthly rental at the rate of P_____________ per month
from the time of the filing of this action to the time possession is returned to the Plaintiff;
immediately issued ordering the Defendant, his family, successors, assigns and all persons
acting under him, to immediately vacate the said parcel of land and return possession of the
Other reliefs just and equitable under the premises are likewise prayed for.
(COUNSEL)
(VERIFICATION)
AFFIDAVIT OF MERIT
1. That I am the plaintiff in the above-captioned case filed against _____________ before the
Municipal Trial Court of _____________, Philippines;
2. That I am the true and registered owner of a certain parcel of land situated in _____________,
identified as Lot ________ and covered by Transfer Certificate of Title No. _____________ of
the Registry of Deeds for the Province of Negros Occidental;
3. That since _____________, Defendant _____________ and his family began to be in
possession of the said property upon my mere tolerance, as I had no immediate need of the
said property at that time;
4. That sometime in _____________, I demanded from the Defendant that he and his family
vacate and return the possession of the said property, but despite numerous demands for
him to vacate, the Defendant has remained in illegal possession of the said land and, up to
the present, still retain such possession;
6. That Defendant's continued illegal occupation of the property and refusal to vacate the same
and to peacefully surrender possession thereof is working grave injustice and causing damage
to the undersigned;
7. That I am entitled to the reliefs demanded in my complaint, and the whole or part of such
relief consists in the immediate delivery and surrender by the Defendant of possession of the
land to the undersigned;
8. That in the event that I am granted a writ of preliminary mandatory injunction, I am ready,
willing and able to post a bond to answer for all damages that the Defendant may sustain by
reason of said injunction if the court should finally decide that I am not entitled thereto.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the _____________,
Philippines.
AFFIANT
(JURAT)
(Petition for Certiorari)
(CAPTION)
PETITION
COMES NOW Petitioner _____________, by counsel and unto this Honorable Court of Appeals,
Prefatory Statement
1. This is a Petition for Certiorari to annul the Orders dated 14 May 2002 and 21 January 2002 of the
Public Respondent Presiding Judge of the Regional Trial Court, Branch _____, _____________ City in
Civil Case No. _____________ entitled "_____________ and _____________, Plaintiffs, versus
2. Certified true copies of the said orders are attached to the original of this Petition as Annexes "A" and
"B";
3. The first Order dated 21 January 2002 (Annex "B") denied Petitioner's Motion to Dismiss the
Complaint in the aforementioned civil case, while the second Order dated 14 May 2002 (Annex "A")
denied petitioner's Motion for Reconsideration of the Order dated 21 January 2002;
4. The second Order (Annex "A") denying petitioner's Motion for Reconsideration was received by
5. Petitioner _____________ is a domestic corporation duly organized and existing under and by virtue
of the laws of the Republic of the Philippines with principal office at _____________, Philippines. For
purposes of this action, Plaintiff may be served with notices and other court processes through the office
6. Public Respondent JUDGE _____________ is being impleaded in his official capacity as the Presiding
Judge of Regional Trial Court, Branch _____, _____________ City and may be served with any notice
or order of this Honorable Court at the Hall of Justice Building, _____________ City, Philippines;
7. Private Respondents _____________ and _____________ are both Filipino citizens, of legal ages, and
residents of _____________. They may be served with notices and orders of this Honorable Court
THE FACTS
8. On 02 May 2001, Private Respondents filed a Complaint for Collection with Preliminary Attachment
impleading the Petitioner and _____________ as defendants. Said complaint was docketed as Civil
Case No. _____________ and was raffled to the sala of the herein Public Respondent Judge. A copy
9. The Public Respondent then issued Summons dated 08 May 2001 for the Petitioner and
_____________ to file their respective Answers within fifteen (15) days from service thereof;
10. That on 07 September 2001, Sheriff IV _____________ executed a Return of Service of Summons
11. Machine copy of the said Return of Service of Summons is attached hereto as Annex "D";
12. That said Maria Clara has neither been authorized nor tasked by the Petitioner Corporation to receive
13. That since under Section 11, Rule 14 of the Rules of Court (1997 Revised Rules of Civil Procedure) said
Maria Clara is not one of those persons upon whom service of summons upon a domestic corporation
of juridical entity may be made, on 18 December 2001, Petitioner Corporation entered its special
appearance only for the purpose of filing a Motion to Dismiss on the ground that the Honorable Court
has no jurisdiction over the person of the defending party (herein Petitioner Corporation). Machine
copy of the said Motion to Dismiss is hereto attached as Annex "E" and made an integral part of this
Petition;
14. On 21 January 2002, the Public Respondent issued an Order (Annex "B") denying Petitioner's Motion
to Dismiss mainly relying on the case of Vlason Enterprises Corporation vs. Court of Appeals, G.R. Nos.
"A corporation may be served summons through its agents or officers who under
the Rules are designated to accept service of process. A summons addressed to
a corporation and served on the secretary of its president binds that corporation.
This is based on the rationale that service must be made on a representative so
integrated with the corporation sued, that it is safe to assume that said
representative had sufficient responsibility and discretion to realize the
importance of the legal papers served and to relay the same to the president or
other responsible officer of the corporation being sued."
15. The Honorable Public Respondent likewise ruled in the said Order that "the fact that the corporation
(herein Petitioner) filed its answer to the complaint is a clear indication that the summons and
complaint were relayed to the president of the corporation by the authorized representative."
16. Said answer, however, which the Honorable Public Respondent Judge considered as Answer for the
herein Petitioner was actually filed by the legal counsel of Petitioner's co-defendant _____________
without the knowledge of nor authority from the herein Petitioner Corporation; Machine copy of the
said Answer filed on 01 October 2001 by a certain Atty. _____________ is hereto attached as Annex
"E";
17. On 26 February 2002, Petitioner filed a "Motion for Reconsideration" of the said Order arguing that:
(I) the reliance of the Honorable Public Respondent in the case of Vlason Enterprises Corporation vs.
Court of Appeals is misplaced; (II) that service of summons upon a juridical person is strictly construed;
and (III) that the Answer filed by its co-defendant _____________ does not bind the Petitioner
Corporation. Machine copy of the said Motion for Reconsideration is hereto attached as Annex "F"
18. On 22 May 2002, Petitioner Corporation received the Order dated 14 May 2002 (Annex "A") from the
19. That from the said Order there is no appeal, nor any plain, speedy, and adequate remedy in the
DISCUSSION
20. Section 11, Rule 14 of the Rules of Court (1997 Revised Rules of Civil Procedure) provides that:
21. This provision revised the former Section 13, Rule 14 of the Rules of Court which provided that:
"If the defendant is a corporation organized under the laws of the Philippines
or a partnership duly registered, service may be made on the president,
manager, secretary, cashier, agent, or any of its directors."
22. In the case of E.B. VILLAROSA & PARTNER CO., LTD. vs. HON. HERMINIO I. BENITO, et al., G.R. No.
136426, August 6, 1999, the Honorable Supreme Court had the occasion to pass upon the construction
and interpretation of the requirements of the new rule on service of summons upon a corporation
24. In addition thereto, the Supreme Court likewise cited with approval the comment of the distinguished
Retired Justice Oscar Herrera, a consultant of the Rules of Court Revision Committee, from page 147
of his book on Remedial Law, Vol. VII, 1997 Edition, where he stated that:
"The rule must be strictly observed. Service must be made to one named
in (the) statute . . ." (emphasis ours)
25. Previously, in the case of SOLAR TEAM ENTERTAINMENT, INC. vs. HON. HELEN BAUTISTA RICAFORT,
et al., G.R. No. 132007, August 5, 1998, the Honorable Supreme Court already had the occasion to
rule that "for the guidance of the Bench and Bar, strictest compliance with Section 11 of Rule 13 is
26. In the E.B. VILLAROSA case, the Supreme Court again reiterated this rule on strict compliance with the
"… for the guidance of the Bench and Bar, "strictest" compliance with
Section 11 of Rule 13 of the 1997 Rules of Civil Procedure (on Priorities in
modes of service and filing) is mandated and the Court cannot rule
otherwise, lest we allow circumvention of the innovation by the 1997 Rules
in order to obviate delay in the administration of justice." (Emphasis and
Underscoring Supplied)
27. It is therefore beyond pale that strict compliance with the mode of service is necessary to confer
jurisdiction of the court over a corporation or in the case at bar, over the Petitioner _____________,
Inc. The officer upon whom service is made must be one who is named in the statute; otherwise the
service is insufficient to confer jurisdiction over the person of the defendant as in the case where the
28. In the present case, a cursory reading of the Sheriff's Return of Service (Annex "____") would readily
show that the copy of the Summons dated 08 May 2001 together with the Complaint and its
corresponding annexes was allegedly delivered and tendered upon the Petitioner Corporation
through a certain Maria Clara, who is alleged to be the authorized personnel of the herein Petitioner
Corporation;
29. However, Petitioner Corporation has never authorized said Maria Clara to receive summons or any
correspondence or paper addressed to the Petitioner Corporation. Moreover, said Maria Clara, who
is not connected in any way with the Petitioner Corporation, is not one of those enumerated in Section
11, Rule 14 of the 1997 Revised Rules of Civil Procedure upon whom service of summons on a
30. As such, the supposed service of summons on the herein Petitioner Corporation was manifestly
improper; consequently, the trial court did not acquire jurisdiction over the person of the Petitioner
Corporation;
31. Reliance of the Public Respondent Judge on the jurisprudence elucidated in the case of Vlason
Enterprises Corporation vs. Court of Appeals (310 SCRA 26, G.R. Nos. 121662-64, July 6, 1999) in
denying Petitioner's Motion to Dismiss is misplaced because the service of summons in the said case
was done on 18 January 1990, long before the effectivity of the 1997 Revised Rules on Civil Procedure
on 01 July 1997. In fact, a good seven (7) years before the effectivity of the 1997 Revised Rules on Civil
32. In the challenged Orders, the Honorable Public Respondent considered the Answer and other Motions
filed by the Petitioner's co-defendant _____________ through his legal counsel, Atty.
_____________, as equivalent to voluntary submission to the jurisdiction of the court, which cures
legal counsel Atty. _____________ were not and never authorized file an Answer or any pleading or
motion for and in behalf of the Petitioner Corporation; In fact, _____________ stated in paragraph 3
34. In fact, the undersigned counsel for the Petitioner has specifically challenged the engagement of Atty.
_____________ to act for and in behalf of the corporation. Undersigned counsel has specifically
placed on record during the 20 February 2002 hearing before the Honorable Public Respondent that
the engagement of Atty. _____________ to represent Petitioner Corporation has no proper authority
from the Petitioner Corporation. Copy of the said Order dated February 20, 2002 of the Honorable
Public Respondent is hereto attached as Annex "_____" while a certified true copy thereof is attached
35. That in answer to the said challenge to his authority to represent the herein Petitioner Corporation as
defendant in the Civil Case No. _____________, Atty. _____________ merely manifested, as stated
or his legal counsel Atty. _____________ to file any Answer, Motion or any pleading for and in behalf
of herein Petitioner Corporation. Obviously, being a mere Past President of the Petitioner Corporation
did not give co-defendant _____________ an authority to engage the services of Atty. _____________
to file an Answer, motions or pleadings for and in behalf of the herein Petitioner Corporation;
37. Notwithstanding said challenge to the authority of Atty. _____________ to represent the herein
Petitioner as co-defendant in Civil Case No. _____________, the Honorable Public Respondent Judge
merely sought refuge on the principle that "an attorney is presumed to be properly authorized to
represent an cause in which he appears, and no written power of attorney is required to authorize
him to appear in court for his client," which is based on Section 21 of Rule 138 of the Rules of Court;
38. The Honorable Supreme Court, however, has time and again clarified that the presumption
established under the provision of Section 21, Rule 138 of the Revised Rules of Court is disputable.
(See Commissioner of Customs vs. K.M.K. Gani, Indrapal & Co., G.R. No. 73722, February 26, 1990;
Azotes vs. Blanco, 78 Phil. 739; Garostiaga vs. Sarte, 68 Phil. 4; Tan Lua vs. O'Brien, 55 Phil. 53);
39. In the case of NEW YORK MARINE MANAGERS, INC., vs. COURT OF APPEALS, et al. (G.R. No. 111837,
_____________, then the herein Petitioner Corporation will effectively lose its right to file a Cross-
41. In view thereof, the Answer filed by Defendant _____________, through his legal counsel Atty.
_____________, could not be and could never be considered as an Answer for the Petitioner
Corporation. Thus, Petitioner Corporation could not be deemed to have submitted itself to the
42. As such, the Honorable Public Respondent Judge _____________ gravely abused his discretion
tantamount to lack or excess of jurisdiction when it considered the Answer and other motions filed
submission on the part of the herein Petitioner Corporation to the jurisdiction of the trial court
43. That from the said challenged Orders, there is no appeal, nor any plain, speedy, and adequate remedy
PRAYER
against Respondents from further continuing Civil Case No. _____________ insofar as
Petitioner is concerned;
b) After hearing, to render judgment ANULLING and SETTING ASIDE the questioned Orders of
the Honorable Public Respondent as having been issued with grave abuse of discretion
tantamount to lack or excess of jurisdiction and DECLARING Public Respondent Regional Trial
Court, Branch _____ of _____________ City without jurisdiction to take cognizance of Civil
Case No. _____________ insofar as Petitioner is concerned, and that all its orders and
Petitioner likewise prays for such other reliefs as may be deemed just and equitable in the
premises.
(COUNSEL)
(VERIFICATION)
(AFFIDAVIT OF SERVICE)
(Prohibition with Prayer for Writ of Preliminary Injunction and Temporary Restraining
Order - TRO)
(CAPTION)
PETITION
COME NOW Petitioners, by counsel and unto this Honorable Court, most respectfully allege:
1. Petitioners are both of legal ages, Filipinos and residents of _____________, Philippines, while
Respondents are being sued in their official capacities as sheriffs of the (City/Province) of
_____________, Philippines and may be served with summons and other processes of this Honorable
2. Petitioners and their family have been in actual and peaceful possession of several rooms or spaces
3. When Petitioners began their occupancy of the said premises, they had no notice that there was a
pending litigation involving the title over the building and after being in actual and peaceful possession
of the premises for several years without receiving any challenge to their possession and without
having been given their day in court, all of a sudden on _____________, Respondent Sheriff
_____________, armed with a writ of execution issued by the Municipal Trial Court, Branch ______
4. Respondent Sheriff demanded that Petitioners vacate the premises in ________ (_______) days
threatening to forcibly eject them therefrom and to padlock the premises in case they fail to do so;
Respondents from making any further acts of ejectment of, or disturbing, the possession of the
Petitioners over the above-mentioned spaces at the _____________ Building, the Petitioners are
certain to suffer grave injustice and irreparable damage and injury incapable of pecuniary estimation;
6. The Petitioners are entitled to the reliefs demanded in this complainant, and the whole or part of such
reliefs consist in restraining the Respondents from the performance of acts that would eject, or
disturb the peaceful possession of, the Petitioners over the aforementioned spaces they are
7. The commission by the Respondents of the acts complained of would work some serious injustice to
Petitioners who would be deprived of their possession over certain premises without being given their
day in court;
8. Not being parties to the ejectment case, there is no appeal, nor have the Petitioners any other plain,
PRAYER
WHEREFORE, it is respectfully prayed that an Order in favor of the Petitioners be issued, to wit:
1. Ordering the preservation of the status quo by restraining Respondents from committing acts,
specifically that of ejecting or disturbing the actual and peaceful possession of the Petitioners
over the premises involved pursuant to the Writ of Execution issued in an ejectment case
2. That pending the hearing of the case, a Temporary Restraining Order and/or a Writ of
Preliminary Injunction be issued ordering Respondents to immediately cease and desist from
committing acts, specifically that of ejecting or disturbing the peaceful possession of the
Petitioners over the questioned premises pursuant to the said Writ of Execution issued in the
above-mentioned ejectment case wherein they were not parties. That after hearing on the
3. That a Temporary Retraining Order be immediately issued ex parte due to the urgency of the
matter.
Other reliefs that are deemed just and equitable in the premises are likewise prayed for.
(COUNSEL)
(VERIFICATION)
AFFIDAVIT OF MERIT
I, _____________, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, being duly sworn in accordance with law, declare and state that:
1. I and my family have been, since _____________ or for more than ___________ (_____) years now,
in actual and peaceful possession of several rooms or spaces at the _____________ Building,
particularly Room ____ thereof located at _____________, Philippines;
2. When I and my family began our occupancy of the said premises, we had no notice that there was a
litigation involving the title over the said building and that it was only later that we had learned about
this litigation over the ownership of the building;
3. However, after being in actual and peaceful possession of the said rooms or spaces for several years
without receiving any challenge to our possession and without having been given our day in court, all
of a sudden, Sheriff _____________, armed with a writ of execution in Civil Case No. _____________,
went to the premises on _____________ and informed us that we too will be ejected from the
building despite our protestations that we are not parties to the said ejectment case. The said Sheriff
further threatened to forcibly eject us from the premises and padlock the same should we fail to
vacate the same within __________ (______) days.
AFFIANT
(JURAT)
(CAPTION)
PETITION
COMES NOW Petitioner, by the undersigned counsel and unto this Honorable Court, most
respectfully avers:
1. That the Petitioner is of legal age, (single / married / widow), and a resident of
_____________, Philippines;
2. That I am a legitimate child of the late __Name of Decedent__ who died intestate in the City
certificate is hereto attached as Annex "____" and made an integral part of this Petition;
3. That the deceased __Name of Decedent__ left the following legal heirs, to wit:
(List all legal heirs with their respective ages, civil status, and addresses)
4.
5. That the deceased __Name of Decedent__ at the time of (his/her) death left real and personal
Philippines Currency;
6. That since the death of the late __Name of Decedent__, no settlement, judicial or extra-
7. That the Petitioner is competent, able, and willing to act as administrator of the estate of the
deceased;
8. That the Petitioner has all the qualifications of a judicial administrator and none of the
disqualifications and is ready and willing to post the bond as may be required by the
Honorable Court.
PRAYER
WHEREFORE, in view of the foregoing, it is respectfully prayed:
(a) That after due notice and hearing, letters of administration be issued to the herein
Petitioner for the administration of the estate of the deceased __Name of Decedent__,
upon the giving of a bond in such reasonable sum as this Honorable Court may fix;
(b) That after all the properties of the deceased __Name of Decedent__ have been inventoried
and expenses and just debts, if any, have been paid and the legal heirs of the deceased fully
determined, that the said estate of __Name of Decedent__ be settled and distributed
(c) Such other relief and remedies just and equitable under the premises are likewise prayed
for.
(COUNSEL)
(VERIFICATION)
PETITION
COMES NOW Petitioner, by the undersigned counsel and unto this Honorable Court, most
respectfully states:
1. That petitioner is a Filipino, female, of legal age, single, and a resident of _____________,
Philippines. For purposes of this petition, petitioner may be served with all notices, orders, and
other processes thru the office address of the undersigned counsel indicated below;
2. Petitioner was born on _____________ in the City of _____________ as the daughter of Mr. Juan
3. However, when petitioner's birth was registered with the Office of the Civil Registrar of
_____________ City on July 12, 1952, the data for registration were supplied only by the
attending physician, Dr. _____________, who was also the signatory of Petitioner's Birth
A. Petitioner's first name was registered as "BABYGIRL CRUZ" because at the time
parents were still undecided about what name they would give to Petitioner or that they
failed to communicate the name they have given to the Petitioner to the said attending
physician;
and
C. Lastly, Petitioner's mother's name was recorded as "Magdalena Quijano-Cruz" instead
of "Magdalena Pilapil-Cruz";
1. The intended First or Given Name of the Petitioner is "MARIA" and not "BABYGIRL". Petitioner
grew up being called "MARIA" by her own parents and the people around her. Petitioner used
the first name "MARIA" when she attended school and the university and she still uses the said
first name in all her business and official transactions, identifications and records, like in her
records with the Social Security Systems (SSS), Bureau of Internal Revenue (BIR), Department of
Foreign Affairs (DFA), and Commission on Elections (COMELEC). As such, Petitioner prays that
the first name "BABYGIRL" recorded in the Civil Registry and appearing in her Birth Certificate by
2. As to her Sex or Gender, Petitioner is a FEMALE, not MALE. Thus, the entry of Male registered in
her records of birth in the Civil Registry and appearing in her Birth Certificate should be corrected
3. Lastly, as to her mother's name, what was registered was "Magdalena Quijano-Cruz".
Petitioner's mother's maiden name was "Magdalena Quijano Pilapil", i.e., before her marriage
to Petitioner's father, and after her marriage to the latter, it became "Magdalena Pilapil-Cruz".
As such, the entry on Petitioner's Mother's Name recorded in the Civil Registry and appearing on
her Birth Certificate is wrong and must be corrected to "Magdalena Pilapil-Cruz" to reflect
4. That the above-discussed errors in the entries in the Civil Registry were all innocently,
5. That in support of this petition, the following are hereto attached and correspondingly marked:
Annex "A" - Certified true copy of Petitioner's Birth Certificate issued by the Office of the Civil
Registrar-General;
Annex "B" - Photocopy of Petitioner's SSS Personal Data Record (Form E-1);
Annex "C" - Photocopy of Petitioner's Intermediate Pupil's Record issued by the University
of _____________;
Annex "D" - Photocopy of Petitioner's Secondary Student's Permanent Record issued by the
University of _____________;
Annex "E" - Photocopy of Petitioner's Voter Affidavit / Certification issued by the Commission
on Elections;
Annex "F" - Photocopy of Petitioner's Voter's Identification Card issued by the Commission
on Elections;
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court that an order be issued directing
the Local Civil Registrar of the City of _____________ to make the following corrections and/or changes in
the entries in the Civil Registry and in the Birth Certificate of the Petitioner, viz.:
1. The entry on Petitioner's First Name which says "BABYGIRL" should be corrected and/or changed
to "MARIA";
2. The entry on Petitioner's Sex which states "Male" should be corrected and/or changed to
"FEMALE"; and
3. The entry on Petitioner's Mother's Name, which says "Magdalena Quijano-Cruz", must be
(COUNSEL)
(VERIFICATION)
(CAPTION)
PETITION
COMES NOW Petitioner, by the undersigned counsel and unto this Honorable Court, most
respectfully states:
1. That petitioner is a Filipino, female, of legal age, single, and a resident of _____________,
Philippines. For purposes of this petition, petitioner may be served with all notices, orders, and
other processes thru the office address of the undersigned counsel indicated below;
2. Petitioner was born on _____________ in the City of _____________ as the daughter of Mr. Juan
_____________ City on July 12, 1952, the data for registration were supplied only by the
attending physician, Dr. _____________, who was also the signatory of Petitioner's Birth
A. Petitioner's first name was registered as "BABYGIRL CRUZ" because at the time
parents were still undecided about what name they would give to Petitioner or that they
failed to communicate the name they have given to the Petitioner to the said attending
physician;
and
of "Magdalena Pilapil-Cruz";
1. The intended First or Given Name of the Petitioner is "MARIA" and not "BABYGIRL". Petitioner
grew up being called "MARIA" by her own parents and the people around her. Petitioner used
the first name "MARIA" when she attended school and the university and she still uses the said
first name in all her business and official transactions, identifications and records, like in her
records with the Social Security Systems (SSS), Bureau of Internal Revenue (BIR), Department of
Foreign Affairs (DFA), and Commission on Elections (COMELEC). As such, Petitioner prays that
the first name "BABYGIRL" recorded in the Civil Registry and appearing in her Birth Certificate by
her records of birth in the Civil Registry and appearing in her Birth Certificate should be corrected
3. Lastly, as to her mother's name, what was registered was "Magdalena Quijano-Cruz".
Petitioner's mother's maiden name was "Magdalena Quijano Pilapil", i.e., before her marriage
to Petitioner's father, and after her marriage to the latter, it became "Magdalena Pilapil-Cruz".
As such, the entry on Petitioner's Mother's Name recorded in the Civil Registry and appearing on
her Birth Certificate is wrong and must be corrected to "Magdalena Pilapil-Cruz" to reflect
4. That the above-discussed errors in the entries in the Civil Registry were all innocently,
5. That in support of this petition, the following are hereto attached and correspondingly marked:
Annex "A" - Certified true copy of Petitioner's Birth Certificate issued by the Office of the Civil
Registrar-General;
Annex "B" - Photocopy of Petitioner's SSS Personal Data Record (Form E-1);
Annex "C" - Photocopy of Petitioner's Intermediate Pupil's Record issued by the University
of _____________;
Annex "D" - Photocopy of Petitioner's Secondary Student's Permanent Record issued by the
University of _____________;
Annex "E" - Photocopy of Petitioner's Voter Affidavit / Certification issued by the Commission
on Elections;
Annex "F" - Photocopy of Petitioner's Voter's Identification Card issued by the Commission
on Elections;
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court that an order be issued directing
the Local Civil Registrar of the City of _____________ to make the following corrections and/or changes in
the entries in the Civil Registry and in the Birth Certificate of the Petitioner, viz.:
1. The entry on Petitioner's First Name which says "BABYGIRL" should be corrected and/or changed
to "MARIA";
2. The entry on Petitioner's Sex which states "Male" should be corrected and/or changed to
"FEMALE"; and
3. The entry on Petitioner's Mother's Name, which says "Magdalena Quijano-Cruz", must be
Petitioner prays for such other reliefs as may be just and equitable in the premises.
(COUNSEL)
(VERIFICATION)
(CAPTION)
PETITION
COMES NOW Petitioner, by the undersigned counsel and unto this Honorable Court, most
respectfully states:
1. That petitioner is a Filipino, female, of legal age, single, and a resident of _____________,
Philippines. For purposes of this petition, petitioner may be served with all notices, orders, and
other processes thru the office address of the undersigned counsel indicated below;
2. Petitioner was born on _____________ in the City of _____________ as the daughter of Mr. Juan
3. However, when petitioner's birth was registered with the Office of the Civil Registrar of
_____________ City on July 12, 1952, the data for registration were supplied only by the
attending physician, Dr. _____________, who was also the signatory of Petitioner's Birth
A. Petitioner's first name was registered as "BABYGIRL CRUZ" because at the time
parents were still undecided about what name they would give to Petitioner or that they
failed to communicate the name they have given to the Petitioner to the said attending
physician;
and
C. Lastly, Petitioner's mother's name was recorded as "Magdalena Quijano-Cruz" instead
of "Magdalena Pilapil-Cruz";
1. The intended First or Given Name of the Petitioner is "MARIA" and not "BABYGIRL". Petitioner
grew up being called "MARIA" by her own parents and the people around her. Petitioner used
the first name "MARIA" when she attended school and the university and she still uses the said
first name in all her business and official transactions, identifications and records, like in her
records with the Social Security Systems (SSS), Bureau of Internal Revenue (BIR), Department of
Foreign Affairs (DFA), and Commission on Elections (COMELEC). As such, Petitioner prays that
the first name "BABYGIRL" recorded in the Civil Registry and appearing in her Birth Certificate by
2. As to her Sex or Gender, Petitioner is a FEMALE, not MALE. Thus, the entry of Male registered in
her records of birth in the Civil Registry and appearing in her Birth Certificate should be corrected
3. Lastly, as to her mother's name, what was registered was "Magdalena Quijano-Cruz".
Petitioner's mother's maiden name was "Magdalena Quijano Pilapil", i.e., before her marriage
to Petitioner's father, and after her marriage to the latter, it became "Magdalena Pilapil-Cruz".
As such, the entry on Petitioner's Mother's Name recorded in the Civil Registry and appearing on
her Birth Certificate is wrong and must be corrected to "Magdalena Pilapil-Cruz" to reflect
4. That the above-discussed errors in the entries in the Civil Registry were all innocently,
5. That in support of this petition, the following are hereto attached and correspondingly marked:
Annex "A" - Certified true copy of Petitioner's Birth Certificate issued by the Office of the Civil
Registrar-General;
Annex "B" - Photocopy of Petitioner's SSS Personal Data Record (Form E-1);
Annex "C" - Photocopy of Petitioner's Intermediate Pupil's Record issued by the University
of _____________;
Annex "D" - Photocopy of Petitioner's Secondary Student's Permanent Record issued by the
University of _____________;
Annex "E" - Photocopy of Petitioner's Voter Affidavit / Certification issued by the Commission
on Elections;
Annex "F" - Photocopy of Petitioner's Voter's Identification Card issued by the Commission
on Elections;
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court that an order be issued directing
the Local Civil Registrar of the City of _____________ to make the following corrections and/or changes in
the entries in the Civil Registry and in the Birth Certificate of the Petitioner, viz.:
1. The entry on Petitioner's First Name which says "BABYGIRL" should be corrected and/or changed
to "MARIA";
2. The entry on Petitioner's Sex which states "Male" should be corrected and/or changed to
"FEMALE"; and
3. The entry on Petitioner's Mother's Name, which says "Magdalena Quijano-Cruz", must be
(COUNSEL)
(VERIFICATION)
(CAPTION)
PETITION
COMES NOW Petitioner, by counsel and unto this Honorable Court, most respectfully
avers:
_________, etc.;
_____________ at _____________;
7. That the names, sex, date and place of birth and the residence of each of his children
ten (10) years as a permanent resident immediately preceding the date of this petition;
10. That he speaks and writes English, Filipino (Tagalog), and __Local language /
dialect__;
11. That his trade or profession is that of a _____________ in which he has been engaged
_____________;
12. That he is the owner of real estate, situated in _____________ that is worth not less
13. That he has enrolled his minor children of school age in the following schools
recognized by the Government, where Philippine history, government and civics are
taught as part of the school curriculum, said enrollment having lasted during the entire
_____________ _____________
_____________ _____________
_____________ _____________
14. That he believes in the principles underlying the Philippines Constitution; is of good
moral character and had conducted himself in a proper and irreproachable manner
during the entire period of his residence in the Philippines in his relations with the
constituted government as well as with the community in which he lives; has mingled
socially with the Filipinos, and has evinced a genuine desire to learn and embrace the
15. That he is not opposed to organized government or affiliated with any association or
group of persons who uphold and teach doctrines opposing all organized government;
that he does not defend or teach the necessity or propriety of violence, personal assault,
or assassination for the success and predominance of their ideas; that he is not a
been convicted of any crime involving moral turpitude; that he is not suffering from
mental alienation or incurable contagious disease; and that he is not a citizen or subject
16. That he has complied with the requirements of the Revised Naturalization Law (C.A.
No. 473) regarding the filing with the Office of the Solicitor General of his bona fide
intention to become a citizen of the Philippines (That is exempted form the requirement
of the Naturalization Law (C.A. No. 473) regarding the filing with the Office of the
considering that he was born in the Philippines and received his primary and secondary
education in Philippine schools and has resided at least thirty (30) years in the
Philippines);
17. That it is his intention in good faith to become a citizen of the Philippines and to
renounce absolutely and forever all allegiance and fidelity to any foreign state or
this time he is a citizen or subject and that he will reside continuously in the Philippines
from the date of filing of this petition up to the time of his admission to Philippine
citizenship;
18. That he has not heretofore made petition for citizenship to any court;
legal age, residing at _____________, who are Filipino citizens, will appear and testify
20. That attached hereto and made integral parts of this petition are:
PRAYER
Philippines.
Petitioner prays for such other remedies as may be just and equitable in the premises.
(COUNSEL)
(VERIFICATION)
(CERTIFICATION OF NON-FORUM SHOPPING)
(Petition for the Issuance of a Writ of Possession in accordance with Act. 3135, as
amended)
(CAPTION)
PETITION
COMES NOW Petitioner, by counsel and unto this Honorable Court, most respectfully avers that:
1. Petitioner is of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines. For purposes of this Petition, Petitioner may be reached by court processes thru the
2. Petitioner is the registered owner of a parcel of land and all improvements thereon situated at
_____________ and within the jurisdiction of this Honorable Court, currently covered by Transfer
Certificate of Title No. _____________ in Petitioner's name, and more particularly described as
follows:
Machine copy of Transfer Certificate of Title No. _____________ is attached hereto as Annex "A";
3. Petitioner has acquired the above-described parcel of land by purchase at the foreclosure sale
held in accordance with Act 3135, as amended. Machine copy of the Certificate of Sale dated
_____________ issued by the Office of the Provincial Sheriff of _____________ is attached hereto
as Annex "B";
4. For failure of the previous owner of the property, __Name of Previous Owner__, to redeem the
said property within the legal period of redemption, Petitioner consolidated its title to the
property. Machine copy of the Affidavit of Consolidation dated _____________ is attached hereto
as Annex "C";
5. However, despite the consolidation and transfer of title in Petitioner's name, the previous owner,
and other persons authorized by the latter continued to possess the said subject property and
refused, refuse and continue to refuse to vacate the same despite repeated demands;
6. That in view of their continued refusal to surrender the possession of the subject property,
Petitioner sent a formal demand letter to the said __Name of Previous Owner__ dated
_____________ (_____) days to vacate the subject property. Machine copy of the said demand
7. To date, the said __Name of Previous Owner__ and/or the persons authorized by (him/her) failed
and refused and still fail and refuse to vacate the said property, for which reason, Petitioner was
8. As purchaser at the foreclosure sale, and now the registered owner of the subject property in fee
simple, the Petitioner is entitled to possess the subject property and to the issuance of a Writ of
Possession in accordance with Sec. 7 of Act. 3135, as amended. The Honorable Supreme Court
held in the case of Malonzo vs. Mariano, G.R. No. L-53998, May 31, 1989, that:
9. Moreover, considering that the period of legal redemption has already expired and title has
already been consolidated in the name of the Petitioner, there is no need of filing a bond in
accordance with the ruling of Supreme Court in the case of Navarra vs. Court of Appeals, G.R. No.
10. The issuance of a Writ of Possession is summary in nature and is a ministerial act on the part of
this Honorable Court (Angeles vs. Intermediate Appellate Court, G.R. No. 75009, September 29,
1989; Vda. de Jacob vs. Court of Appeals, G.R. No. 88602, April 6, 1990; Vaca vs. Court of Appeals,
PRAYER
WHEREFORE, it is most respectfully prayed that after summary proceedings, a Writ of Possession
be immediately issued ordering the Provincial Sheriff of _____________ to place the Petitioner in the
possession of the above-described parcel of land with all the improvements found and standing thereon,
(COUNSEL)
(VERIFICATION)
VERIFICATION
2. That in my capacity as such __position__, I have caused the preparation of the above
(Complaint / Petition) and I have read the same and knows the contents thereof; That
the allegations contained therein are true and correct of my own personal knowledge
and the authentic records at hand.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at
_____________, Philippines.
AFFIANT
NOTARY PUBLIC
VERIFICATION
That I am the (Plaintiff / Complainant / Petitioner) in the above-entitled case; That I have
caused the preparation of the above (Complaint / Petition) and I have read the same and knows the
contents thereof; That the allegations contained therein are true and correct of my own personal
knowledge.
AFFIANT
That I am the (Plaintiff / Complainant / Petitioner) in the above-entitled case; That I have
caused the preparation of the above (Complaint / Petition) and I have read the same and knows the
contents thereof; That the allegations contained therein are true and correct of my own personal
knowledge.
That I further certify that: (a) I have not theretofore commenced any other action or proceeding
or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency
and, to the best of my knowledge, no such action or proceeding is pending therein; (c) if I should
thereafter learn that the same or similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to
report such fact within five (5) days therefrom to the court or agency wherein the original pleading
and sworn certification contemplated herein have been filed.
AFFIANT
(CAPTION)
Defendant, through the undersigned counsel and unto this Honorable Court, respectfully
avers:
2. The said allegation is not averred with sufficient definiteness and particularity, specifically
it does not mention the amount of the check therein mentioned, its check number, date, and
enable the defendant to prepare its responsive pleading because from the very onset of this
controversy, the main dispute was on what was actually and exactly agreed upon by the
4. However, due to the fact that defendant corporation had to transfer its liaison offices
depending on its project sites, the check stub where the above-mentioned check came from
which was allegedly issued by the defendants as partial payment for the first month would
definitely simplify the issues in this case, and hopefully uncomplicate the negotiations
PRAYER
Honorable Court requiring the plaintiff to make more definite statement as to the particulars of the
check mentioned in paragraph 5 of his complaint, particularly stating its amount, check number,
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
MOTION
(TO DECLARE DEFENDANT IN DEFAULT)
1. The records of the Honorable Court show that Defendant was served with copy of the
summons and of the complaint, together with annexes thereto on _____________;
2. Upon verification however, the records show that Defendant _____________ has failed
to file his Answer within the reglementary period specified by the Rules of Court
pursuant to the Rules of Court and that the Honorable Court proceed to render judgment
PRAYER
default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(Motion to Dismiss)
(CAPTION)
MOTION TO DISMISS
COMES NOW the Respondent, _____________ Inc., through the undersigned counsel, appearing
especially and solely for this purpose, and to this Honorable Court, most respectfully moves for the
dismissal of the Complaint on the following ground that THE HONORABLE COURT HAS NOT ACQUIRED
DISCUSSION
1. A cursory reading of the Summons and Return of Service would readily show that the copies of the
Summons dated 08 May 2001 and the Complaint and its corresponding annexes were allegedly
delivered and tendered upon the Movant _____________ INC. through a certain Maria Clara alleged
to be the authorized personnel of Movant _____________ INC., Bacolod City on 29 August 2001.
Copies of the said Summons and Return of Service that form part of the records on the case are hereto
2. Said service of Summons, however, constitutes an improper service of summons amounting to lack of
jurisdiction over the person of the herein Movant Corporation _____________ INC. since the
summons was improperly served upon a person who is not one of those persons named or
enumerated in Section 11, Rule 14 of the 1997 Rules of Civil Procedure upon whom service of summons
shall be made;
3. The material provision on the service of summons provided for in Section 11 of Rule 14 of the 1997
"Section 11. Service upon domestic private juridical entity.- When the
defendant is a corporation, partnership or association organized under
the laws of the Philippines with a juridical personality, service may be
made on the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel;" (underscoring
ours)
4. It bears no further emphasis that the service of the summons was done on a person who is not
included in the exclusive enumeration provided for under the said Section, as service was done only
5. This new revision of the Rules of Court for the service of summon is a clear departure from the old
rule as stated in Section 13, Rule 14 of the Rules of Court which provided that:
6. It must be equally noted that the changes in the new rules are substantial and not just general
semantics as the new rules restricted the service of summons on persons clearly enumerated therein.
In effect, the new provision makes it more specific and clear such that in the case of the word
"manager", it was made more precise and changed to "general manager", "secretary" to "corporate
7. The designation of persons or officers who are authorized to accept summons for a domestic
corporation or partnership is under the new rules, limited and more clearly specified, departure from
which is fatal to the validity of the service of the summons and resulting in the failure of the court to
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant Corporation
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
COMES NOW PLAINTIFF, by counsel and unto this Honorable Court, most respectfully states:
1. That on _____________, the Honorable Court rendered decision on the above-captioned
2. That inquiry into the records of this case with this Honorable Court shows that no appeal has
been taken from the said decision after it has been rendered by the Honorable Court;
3. That the reglementary period for appeal has already expired, and said decision is now final,
PRAYER
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
DEFENDANT, by the undersigned counsel, and unto this Honorable Court, most
2. Defendant was served with Summons and copy of the Complaint on _____________
and thus has until _____________ within which to submit an Answer or Responsive
Pleading;
3. However, due to the pressures of equally urgent professional work and prior
commitments, the undersigned counsel will not be able to meet the said deadline;
Pleading. Moreover, this additional time will also allow the undersigned to interview
5. This Motion is not intended for delay but solely due to the foregoing reasons.
PRAYER
WHEREFORE, Defendant most respectfully prays of this Honorable Court that he be
given an additional period of _____________ from today within which to submit an Answer or
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
RESPONDENT, by the undersigned counsel, and unto this Honorable Office of the City
3. However, due to the pressures of equally urgent professional work and prior
commitments, the undersigned counsel will not be able to meet the said deadline;
4. As such, undersigned counsel is constrained to request for an additional period of
other supporting evidence. Moreover, this additional time will also allow the
5. This Motion is not intended for delay but solely due to the foregoing reasons.
PRAYER
_____________ that he be given an additional period of _____________ from today within which
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
MOTION FOR INTERVENTION
COMES NOW the Intervenor, by the undersigned counsel, and unto this Honorable Court, most
respectfully requests for leave to intervene in the above-captioned case, for the following reasons:
1. That the Intervenor is a purchaser of some of the subdivided portions of Lot No. _______, the
2. That the Intervenor has a legal interest in the matter in litigation, or in the success of the
3. That this intervention will not, in the least, unduly delay or prejudice the adjudication of the
4. That the Intervenor's rights can be fully protected in this proceeding rather than by filing a
separate proceeding.
PRAYER
WHEREFORE, it is most respectfully prayed that the said _____________ be allowed to intervene
in this action by filing a Complaint in Intervention, a copy of which is attached to this motion.
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
NOTICE OF HEARING
Atty. _______________________
Counsel for the _______________
__Counsel's Address of Record__
Greetings: Please take notice that the foregoing Motion for _____________ shall be
submitted for the consideration and approval of the Honorable Court on Friday, __date__, at
________ (a.m./p.m.) or as soon as counsel and matter may be heard.
COUNSEL
(CAPTION)
Plaintiff, by undersigned counsel and unto this Honorable Court, respectfully states:
Answer does not raise any new or substantial issue, or raise issues which should more
properly be addressed during the trial proper, the said Answer is therefore the last pleading
3. As such, undersigned respectfully requests that the instant case be immediately set for pre-
trial.
WHEREFORE, it is respectfully prayed that the instant case be immediately set for pre-
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(CAPTION)
MOTION TO WITHDRAW
COMES NOW, the undersigned counsel, unto the Honorable Court, most respectfully states:
1. That the undersigned counsel has already terminated his attorney-client relationship with the
Defendant _____________, particularly because of the latter's deliberate failure to pay the fees
for the undersigned's legal services despite repeated requests for payment and repeated
promises to pay, in violation of the Defendant's Retainer Contract with the undersigned counsel;
2. That the statement of accounts of the undersigned counsel merely fell on deaf ears and not a
single centavo was paid to this date by the said Defendant contrary to all its representations;
3. That the undersigned counsel's previous request for said Defendant to give consent and
conformity to the undersigned counsel's Motion for Withdrawal was never acted upon to this
date;
4. That in view of the foregoing reasons, the undersigned counsel could no longer adequately fulfill
5. That Rule 22.01 par. (f) of the Code of Professional Responsibility states that a lawyer may
withdraw his services when the client deliberately fails to pay the fees for the services or fails to
6. That there is a need to protect the members of the legal profession from clients who take
advantages of their professional services. In fact, the Honorable Supreme Court had the occasion
to state that:
"Counsel, any counsel, if worthy of his hire, is entitled to be fully recompensed for
his services. With his capital consisting solely of his brains and with his skill,
acquired at tremendous cost not only in money but in the expenditure of time and
energy, he is entitled to the protection of any judicial tribunal against any attempt
on the part of the client to escape payment of his fees. It is indeed ironic if after
putting forth the best that is in him to secure justice for the party he represents,
he himself would not get his due. Such an eventuality this Court is determined to
avoid. It views with disapproval any and every effort of those benefited by counsel's
services to deprive him of his hard-earned honorarium. Such an attitude deserves
condemnation." (Albano vs. Coloma, 21 SCRA 411)
7. As such, undersigned most respectfully requests that he be allowed by this Honorable Court to
withdraw his appearance in this case as Counsel for the Defendant _____________ WITHOUT THE
PRAYER
allowed to withdraw his appearance in this case as counsel for the Defendant _____________, dispensing
with the latter's express conformity, and that he be relieved of all his responsibilities relative to this case.
Other reliefs just and equitable under the premises are likewise prayed for.
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
(Motion to Withdraw Appearance with Conformity)
(CAPTION)
MOTION TO WITHDRAW
COMES NOW the undersigned counsel for the Defendant, unto this Honorable Court, most
respectfully states that due to professional and personal reasons, undersigned respectfully requests
that he be allowed by this Honorable Court to withdraw his appearance in this case as counsel for
the Defendant.
Court and pleadings/motions/correspondence from the prosecution in this case be sent directly to
the Defendant or to any counsel who may subsequently enter his appearance for the Defendant.
PRAYER
allowed to withdraw his appearance in the above-captioned case and that future notices/processes
of this Honorable Court and pleadings/motions/correspondence from the prosecution in this case
be sent directly to the Defendant or to any counsel who may subsequently enter his appearance for
the Defendant and that undersigned be relieved of all his responsibilities relative to this case.
Other reliefs just and equitable under the premises are likewise prayed for.
(COUNSEL)
With my conformity:
DEFENDANT
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
CONTRACT OF LEASE
- and -
WITNESSETH; that -
WHEREAS, the LESSOR desires to lease out a portion of the afore-described property in
favor of the LESSEE and the LESSEE accepts the lease subject to the terms and conditions herein set
forth.
NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants
hereinafter stipulated, the parties hereby agree as follows:
ARTICLE I
PROPERTIES FOR LEASE
1. The LESSOR hereby transfers and conveys by way of LEASE in favor of the LESSEE a portion
of the afore-stated properties (hereinafter referred to as the Leased Properties) specifically
described as follows:
_____________ ___________________
2. Inspection; No Warranty. - The LESSOR leases the Leased Properties to the LESSEE on an
"AS IS, WHERE IS" basis. The LESSEE hereby declares that it has inspected the Leased
Properties prior to the execution of this Lease Agreement, and acknowledges that it is fully
satisfied with the conditions thereof. The LESSOR makes no warranty as to the condition,
operational or structural capability, or as to any hidden defects of the Property which the LESSEE
warrants to know by virtue of the LESSEE's duty to inspect.
3. Condition Precedent. - It is a condition precedent for the effectivity of this Lease Agreement that
the LESSEE submits to the LESSOR a copy of its Articles of Incorporation and By-Laws and
latest General Information Sheet including a Board Resolution specifically authorizing the
corporation and the person representing the same in this instance to enter into this lease agreement
with the LESSOR under the terms and conditions contained herein.
ARTICLE II
CONSIDERATION
1. Rental Payment and Escalation Clause. - Within the first five (5) days of each calendar month,
the LESSEE shall pay the LESSOR a monthly rent at the rate of __________________________
(P_____________) per square meter or the total amount of __________________________
(P_____________). In addition, the monthly rent shall escalate yearly by _____________
(_____%) percent of the base monthly rent starting on the _____________ year and each year
thereafter until the termination of this contract, the base rent being understood to be the monthly
rent applicable for the said year as opposed to the original rent provided above.
2. Advance Rental Payment. - Within five (5) days from the signing of this Lease Agreement, the
LESSEE shall remit to the LESSOR an amount equivalent to __________ (_____) months rent
or the total sum of __________________________ (P_____________) to be applied as rental
payment for the last two (2) months of this contract.
3. Security Deposit. - Within five (5) days upon the signing of this Lease Agreement, the LESSEE
shall remit to the LESSOR an amount equivalent to _____________ (_______) month's rent or
__________________________ (P___________) to serve as security deposit for any unpaid
utility bills such as electricity, water, telephone, sanitation, sewerage and others, and to answer
for any damages which the Leased Properties may suffer as well as to cover any unpaid monthly
rent; interests or penalties. This amount is refundable to the LESSEE free of any interest thirty
(30) days after the termination of this Lease Agreement subject to deduction for whatever utility
bills and monthly rentals, interests, penalties that have remained unpaid and damages that may
have been incurred, provided, that the LESSEE shall still be liable for any and all bills, rentals,
interests, penalties and damages that may exceed this security deposit. The LESSEE shall not be
allowed to offset or use its security deposit as its monthly rental payment.
ARTICLE III
TERM OF LEASE
1. Term. - Unless earlier terminated for reasons specified herein, the term of this Lease Agreement
shall be for _____________ (_____) years to start on _____________ and end at noontime on
_____________ renewable upon mutual agreement of the parties.
ARTICLE IV
PURPOSE OF THE LEASE
1. Use of the Leased Properties. - The LESSEE shall use the Leased Properties strictly and
exclusively as __________________________. If the Leased Properties are used for other
purposes, the LESSOR has the choice to:
In no case shall the Leased Properties be used for immoral or illicit purposes and illegal acts or
purposes.
2. Sub-Lease. - The LESSEE may sub-lease the Leased Properties; provided, that it has secured the
prior express written consent of the LESSOR and that the provisions of this Lease Agreement is
incorporated by reference in the proposed sub-lease; provided, further, that the purpose of the sub-
lease will be substantially similar to that of the original lease; provided, finally, that if the
LESSOR so consents to the sub-lease, the LESSOR shall receive a fixed percentage of ten (10%)
of the sub-lease rates over and above the regular rent already collected under this Lease
Agreement.
It is understood that the LESSEE shall act as the surety of the sub-lessee for purposes of this Lease
Agreement. The LESSEE shall provide LESSOR with a copy of the sub-lease agreement not
later than ten (10) days after the execution of the sub-lease agreement. In addition, the LESSEE
shall remit LESSOR'S percentage participation in the sub-lease rentals within the first five (5)
days of each calendar month.
ARTICLE V
DEFAULT
1. Interest Payment. - In the event the LESSEE fails to pay its monthly rent within the first five (5)
days of each month, the LESSOR shall charge interest on the monthly rent at the rate of
_____________ (______%) percent per month, which shall be compounded monthly until full
payment is made.
Furthermore and whenever applicable, in the event the LESSEE fails to remit the LESSOR'S
percentage participation in the sub-lease rentals within the first five (5) days of each month, the
LESSOR shall charge interest on the LESSOR'S percentage participation in the sub-lease rentals
at the rate of _____________ (______%) percent per month, which shall be compounded monthly
until full payment is made.
ARTICLE VI
CANCELLATION
1. Grounds for Cancellation. - The LESSOR may cancel or terminate this Lease Agreement, upon
the happening of any of the following events:
2.1. The LESSEE fails to pay its monthly rent when the same falls due.
2.2. The LESSEE fails to remit LESSOR'S percentage participation in the sub-lease
rentals, if any, when the same falls due.
2.3. The LESSEE uses the Leased Properties for purposes other than those specified
herein, without prejudice to the options available to LESSOR under Section 1, Article
IV hereof.
2.4. The LESSEE violates any of the other terms and conditions of this Lease Agreement
or fails to get the necessary permits from the national and/or local government units /
agencies.
ARTICLE VII
MISCELLANEOUS
1. Insurance. - The LESSEE shall obtain insurance coverage for the Leased Properties, against all
insurable risks applicable from a duly accredited and reputable insurance company in an amount
equal to the maximum insurable value of the Leased Properties. The LESSOR shall be the
Beneficiary of the required Insurance. In case of complete loss or damage to the Leased
Properties, and/or the improvements therein, during the term of this lease, the LESSOR shall have
the option to reconstruct or restore the lost or damaged Leased Properties, and/or the
improvements therein, to their original condition or to consider this lease automatically
terminated. In case of damage in part, rental shall be reduced in proportion to the remaining
tenantable or useable area.
2. Utilities. - All expenses for water, electricity, telephone, sanitation, sewerage, gas and other public
utility services shall be for the account of the LESSEE. The cost of installation of utilities within
the Leased Properties, such as water and electricity, shall be for the account of the LESSEE;
provided, that any installation shall be under the control and supervision of the LESSOR and the
latter has the right to indicate where the meter connections shall be placed.
3. Improvements. - The LESSEE shall not make any structural changes, alterations, additions or
improvements on the Leased Properties without the prior written consent of the LESSOR. Any
alterations or improvements made or introduced by the LESSEE on the Leased Properties with
the written consent of the LESSOR shall, upon the termination of this Lease Agreement,
automatically be owned by the LESSOR without any obligation on the part of the LESSOR to
pay or refund its value or cost to the LESSEE.
4. Signs and Advertisements. - Subject to prior written consent of the LESSOR, the LESSEE may
install, erect or affix upon the Leased Properties, signs or advertisements as may be necessary to
promote and/or advertise the business in which it is engaged in. In requesting the approval of the
LESSOR, LESSEE should submit a description and the specification of its proposed sign or
advertisement.
5. Care of Leased Properties. - The LESSEE shall, at its own expense, maintain the Leased
Properties in a clean and sanitary condition free from noxious odors, disturbing noises or other
nuisances. The LESSEE, its employees, agents or representatives shall not in any manner damage
or deface any part of the Leased Properties.
The LESSEE shall comply with any and all reasonable rules and safety regulations which may be
promulgated from time to time by the LESSOR, together with all the rules, regulations, ordinances
or laws made by the duly constituted authorities; either by the National or City government or any
of its agencies and instrumentalities, arising from or regarding the use, occupancy and sanitation
of the Leased Properties.
6. General Maintenance, Sanitation, Repairs and Safety. - The cost of general maintenance and
upkeep of the Leased Properties shall be for the account of the LESSEE. The LESSEE shall keep
the Leased Properties in a clean, safe and sanitary condition and introduce all the needed repairs
at all times. The LESSEE shall dispose all its garbage, waste, and other pollutants in accordance
with the rules promulgated by the national or local government. All major repairs resulting from
damages not attributable to the LESSEE's negligence shall be for the account of the LESSOR.
For purposes of this contract, repairs in amount not exceeding TWENTY THOUSAND PESOS
(P20,000,00) per occurrence of repairs shall be considered as minor repairs.
In case of damage to the Leased Properties or its appurtenances by fire, earthquake, volcanic
eruption, war or any unforeseen cause, the LESSEE shall give notice to the LESSOR within a
reasonable time. In the event that the LESSEE through its own fault or negligence or that of its
employees, agents or representatives, damages the Leased Properties, and LESSEE fails to repair
the damage within a reasonable time, then the LESSEE shall be liable to LESSOR for liquidated
damages in an amount equivalent to six months rent without prejudice to such other amounts as
may be due LESSOR under this Lease Agreement and/or the law.
7. Fire Hazard and Obnoxious Substances. - The LESSEE shall not introduce, keep, deposit or
store in the Leased Properties any obnoxious substance or inflammable material or substance not
reasonably connected with the herein stated purpose of the lease which might constitute a fire
hazard, without the prior written consent of the LESSOR. The LESSEE shall also not install
within the Leased Properties any apparatus, machinery or equipment which may cause obnoxious
tremors or noises nor store newspapers, cartons, wood, or other articles of light nature which may
expose the Leased Properties to fire or increase the fire hazard of the Leased Properties or change
its insurance rate.
8. Inspection of Premises. - The LESSOR reserves the right to enter and inspect the Leased
Properties at reasonable times during business hours and with prior notice. The LESSEE agrees
to cooperate with the LESSOR in keeping the Leased Properties in good and tenantable condition.
9. Assignment. - The LESSOR reserves the right to assign, transfer or encumber any of its rights
and interests under this Lease Agreement to any entity without the need of obtaining the consent
of the LESSEE except to notify the latter of the same. In the event of such transfer, assignment
or encumbrance, the rights and interest of the LESSEE under this Lease Agreement shall be
respected and observed in its entirety by such assignee, transferee or mortgagee, and for the entire
term hereof unless otherwise mutually agreed upon by the parties including the LESSEE.
10. Return of Premises. - Upon the termination of this Lease Agreement for any reason whatsoever,
the LESSEE shall peacefully and immediately vacate the Leased Properties and return possession
thereof to the LESSOR in good and tenantable condition, devoid of all occupants, equipment and
effects of any kind. Failure of the LESSEE to return the Leased Properties as provided herein
shall make it liable to pay liquidated damages to the LESSOR in an amount equivalent to six (6)
months rent without prejudice to such other amounts as may be due LESSOR and/or such other
remedies available to the LESSOR under this Lease Agreement and/or under the law.
11. Right to Enter the Premises to Recover Actual Possession. - Upon the failure of the LESSEE,
or the sub-lessee as the case may be, to comply with any of the terms and conditions of this lease
or its failure to vacate and return the premises as provided herein, the LESSOR or her authorized
representative(s) shall have the right, upon five (5) days written notice to the LESSEE, or upon
written notice posted at the entrance of the Leased Properties for the same period, to enter and
take possession of the said premises, without need of resorting to any court action, holding, taking
custody and impounding such possessions and belongings of the LESSEE found therein after
conducting an inventory of the same in the presence of witnesses, until such time that all the
rentals, interests, penalties, unpaid utility bills, damages or other amounts due to the LESSOR has
been fully settled by the LESSEE. All these acts being hereby agreed to by the LESSEE as
tantamount to his voluntary vacation of the leased premises without necessity of suit in court and
authorizing LESSOR to use all necessary and reasonable force to break open doors and to enter
the premises and take actual possession thereof, and such entry and use of reasonable force should
not be regarded as trespass, nor be sued as such, or in any wise be considered as unlawful.
12. Transfer of Rights. - The LESSEE shall not assign, or transfer or encumber its rights under this
lease without the prior written consent of the LESSOR and no right, title or interest thereto or
therein shall be conferred on or vested in any other party other than the LESSEE without such
written consent.
13. Indemnity. - The LESSEE shall hold LESSOR free and harmless from any loss, damage, injury
suffered by the LESSEE, its agents or employees, clients, guests or customers or other third
persons arising out of the use of the Leased Properties by LESSEE, its agents, employees, clients,
guests, or customers including but not limited to, claims for property damage, personal injury or
wrongful death, or losses or damages occasioned by reason of any event or cause which could not
be foreseen, or which, though foreseen, were inevitable such as but not limited to fire, earthquake,
lightning, typhoons, flood, volcanic eruption, robbery, theft or other crimes. In addition, the
LESSOR shall not be liable nor responsible:
(i) For the presence of bugs, vermin, rats, insects, or other similar creatures, if
any, in the Leased Properties:
(ii) For the failure of electrical and/or water supply due to causes beyond
LESSOR's control;
(iii) For any injury, loss or damage which the LESSEE, its agents or employees,
might sustain while in the Leased Properties due to causes attributable to the
fault of said LESSEE, employees, agents and/or representatives, or those of
its clients, guests or customers;
(iv) For any damage done or occasioned by, or arising from the plumbing, gas,
water, and/or other pipes or air-conditioning system or for the bursting,
leaking or destruction of any tank, cistern, washers, and water closets or waste
pipelines in, above, upon, or about said Leased Properties, nor for any damage
arising from or attributable to acts of negligence of the LESSEE or its agents,
employees, representatives or any and all other persons over which the
LESSOR has no control.
14. Non-Waiver. - The failure of the LESSOR to insist upon a strict performance of any of the terms,
conditions and covenants hereof shall not be deemed a relinquishment or waiver of any of the
rights or remedies that the LESSOR may have, nor shall it be construed as a waiver of any
subsequent breach or default of its terms, conditions and covenants which shall continue to be in
full force and effect. No waiver by the LESSOR of its rights under this Lease Agreement shall
be deemed to have been made unless expressed in writing and signed by the LESSOR.
15. Amendments. - Any amendments or additional terms and conditions to this Lease Agreement
must be in writing.
16. Venue. - In case of any dispute arising in connection with this Lease Agreement, the parties
hereby agree that the venue for the settlement of the dispute shall fall exclusively within the
jurisdiction of the proper courts in the City of _____________, Philippines.
IN WITNESS WHEREOF, the parties have set their hands and affixed their signatures this
_____________ in the City of _____________, Philippines.
LESSOR LESSEE
__________________ __________________
(ACKNOWLEDGMENT)
CONTRACT OF LEASE
- and -
WITNESSETH: that -
NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants
hereinafter stipulated, the parties hereby agree as follows:
1. Term: This LEASE shall be for a duration of _________ (____) year commencing from
_____________ and to end on _____________, renewable at the option of the LESSEE at
such new terms and conditions as may agreed upon by the parties.
2. Rental: The LESSEE agrees to pay the LESSOR the monthly rental fee of Pesos:
__________________________ (P_____________), Philippine currency. Upon signing of
this Contract of Lease, the LESSEE shall pay the LESSOR __________ (_____) months'
rentals in advance to be applied on the last __________ (_____) months of the term of this
LEASE. The LESSEE shall also issued ________ (____) post-dated checks covering the
monthly rentals for the duration of this LEASE.
3. Deposit: The LESSEE shall also pay the LESSOR the sum of __________ (_____) months
deposit of Pesos: _____________ (P___________), Philippine Currency, to guarantee the
payment of any damage to the leased premises, unpaid utilities and other obligations to
third parties by the LESSEE during the term of the agreement, which deposit shall bear no
interest. Unless applied to said damages, unpaid utilities and other obligations to third
parties, said deposit shall be returned to the LESSEE within _________ (_____) days after
the termination of this agreement: Provided, however, that the deposit cannot be applied to
unpaid back rentals owed by the LESSEE prior to the expiration of this agreement.
Furthermore, if the LESSEE vacates the premises before the expiration of the period of
lease, the total amount of the deposit and advance rentals shall be forfeited in favor of the
LESSOR.
5. Use of the Premises: The premises shall be used exclusively for residential purposes only
of the LESSEE and the immediate members of (his/her) family and shall not in any way
be used for any illegal or unlawful activity or to keep materials, chemicals and other matters
considered as fire hazards or nuisance to the building.
6. Improvements: The LESSEE shall not make any alteration, structural changes or
improvement in the leased premises without the prior written consent of the LESSOR.
However, at the termination of the lease, the same not having been renewed by the parties,
the LESSEE shall restore the leased premises in its original state existing at the
commencement of the agreement. Restoration of the LEASED PREMISES shall be for the
exclusive account of the LESSEE. Any improvement after the lease is terminated and after
the LESSEE shall have vacated the premises shall belong to the LESSOR.
7. Facilities: All charges for water, electricity, telephone, association dues and other public
utilities used in the leased premises as well as janitorial and security services or any other
charges as may be imposed by the building administrator of the condominium building
shall be for the account of the LESSEE. The LESSEE hereby guarantee the prompt
payment of any and all charges heretofore mentioned as they fall due. Any delay in the
payment thereof shall constitute a material breach of this agreement.
8. Insurance: The LESSOR shall insure the leased premises against fire. Should the leased
premises be damaged by fire, earthquake, storm or any fortuitous events to the extent that
the same be rendered untenable this agreement shall be automatically canceled and the
deposit as well as the unused portion of the advance rentals be refunded within
_____________ (_______) days, minus any unpaid obligation.
9. Repairs: The LESSEE shall, during the duration of the lease, make all minor repairs on
the leased premises to preserve the same in serviceable or tenantable conditions at the
LESSEE's expense except replacement of parts due to natural wear and tear. The LESSEE,
however, shall give advance written notice to the LESSOR of Ten (10) days prior to
undertaking any minor repair. All damages caused to the leased premises due to the fault,
misuse, carelessness, and/or negligence or on account of the use thereof by the LESSEE
and other occupants therein shall be made good and repaired by the repairs done. Should
the LESSEE fails to make the necessary and appropriate repairs within five (5) days from
demand, the LESSOR shall undertake the needed repairs and shall charge the costs thereof
to the LESSEE.
10. Inspection of the Premises: To ensure that the lease premises is being maintained in good
and tenantable conditions, the LESSOR or his authorized representative is hereby given
the right after due notice, to enter and inspect any part of the leased premises during
reasonable hours and as the occasion thereof might require.
11. Assignment and Sub-Lease: The LESSEE hereby shall have no right to assign or transfer
its rights, interest and obligations under the lease contract or sub-lease contract premises
or any portion thereof to any person or entity without the prior written consent of the
LESSOR.
12. Injury or Damage: The LESSEE hereby assumes the full responsibility for any damage
which may be caused to the person or property of any third person in the leased premises
during the duration of the lease. LESSEE further binds himself to hold the LESSOR free
and harmless from damages as a result thereof, unless such damage or liability arose out
of structural or other inherent defects in the leased premises or is due to the fault of the
LESSOR, his agent or representatives.
13. Sale of Leased Premises: The LESSEE recognizes the right of the LESSOR to sell or
otherwise convey ownership of the leased premises to any other interested party, provided
the LESSEE's rights under the lease are respected.
14. Hazardous and Prohibited Materials: The LESSEE shall not keep or store in the lease
premise any hazardous and obnoxious substance or inflammable material or substance that
might constitute a fire hazard or other chemicals and materials or prohibitive drugs in
violations of the laws of the Philippines.
15. Rules and Regulations: The LESSEE binds himself to comply with the existing rules and
regulations promulgated by the building administrator and/or association and any other
environmental or other laws, ordinances, rules and regulations applicable to the leased
premises.
16. Violations: The LESSOR may, at this options, consider this agreement automatically
rescinded and canceled, without need of any court action, upon ten (10) days notice given
to the LESSEE based on any of the following grounds:
a. Failure of the LESSEE to pay two (2) months advance rental and other bills or charges
therefore mentioned as they fall due for any reason whatsoever within the period to
pay.
b. For any violation made by the LESSEE or its agents and representatives of any of the
terms and conditions stipulated in this contract.
c. In case the leased premises shall be vacated or abandoned for a period of thirty (30)
days without prior written notice to the LESSOR. Consequently, the LESSOR is hereby
permitted authorized by the LESSEE to enter the premises, either by force or otherwise,
without being liable to prosecution therefor.
Upon termination of the contact of lease based on any of the foregoing grounds and upon
demand, the LESSEE shall immediately vacated and peacefully surrender possession of
the lease premises to the LESSOR or his duly authorize representative.
17. Remedies: In addition to the provisions of the proceeding paragraph, the LESSEE hereby
acknowledges and recognizes the right of the LESSOR to avail or resort to any or all of the
following remedial measures without need of court action:
a. In case of failure of the LESSEE to pay or settle any due and unpaid obligations
(rentals, electricity, water, telephone, association dues etc.) as provided for under this
lease contract , the LESSEE hereby authorizes the LESSOR, who is hereby given the
right, to disconnect all facilities such as but not limited to disconnect all facilities such
as but not limited to electricity, telephone, water in the leased premises without need
of further notice to the LESSEE.
b. Likewise, until the aforesaid unpaid obligations are paid or settled, the LESSEE hereby
given the rights, to re-renter the lease premises, remove all persons therefrom, take
possession of any of all furniture, fixtures and equipment's found thereon or therein
and/or padlocked the door of the premises.
d. If after ten (10) days from the date the LESSOR shall have taken possession of the
aforesaid furniture, fixtures and equipment by way of security, the LESSEE still fails
to pay or settle its unpaid obligations to the LESSOR the LESSEE hereby consents and
authorizes the LESSOR to sell by way of public or private sale any or all the furniture's
fixtures equipment as may be sufficient to pay or settle the lessee's unpaid obligations
plus the accrued interests and attorney's fee equivalent to 25% of the total amount due
and unpaid. All expenses that may be incurred in the sale shall be for the account of the
LESSEE.
For purposes of selling the aforesaid properties, the LESSEE hereby irrevocably appoint
the LESSOR as its attorney-in-fact to sell and dispose of any or all of the aforesaid the
property of the LESSEE in a private or public sale at a price as may be determined to be
just and reasonable by the LESSOR and to apply the proceeds therefrom to any or all the
unpaid obligations of the LESSEE.
If the sale proceeds should proved to be inadequate to fully payer settle the unpaid
obligations of the LESSEE, the LESSEE shall remain liable to the LESSOR for any of the
deficiency.
Should the proceeds of the sale of any of the aforesaid properties be sufficient to pay or
settle all of the lessee's unpaid obligations, the LESSEE may get back its other properties
not sold by the LESSOR. If after thirty(30) days from written notice of the LESSOR
directed to the last known address of the LESSEE, the LESSEE still fails to get back the
remaining properties, said properties shall then be deemed abandoned in favor of the
LESSOR.
The above enumerated remedies oproved for the LESSOR shall not be exclusive, but shall
be cumulative and without prejudice to any court action that may be instituted by the
LESSOR for any causes of action that may arise under this contract of lease.
18. Attorney's Fee: In case the LESSOR resorts to judicial action base upon or in connection
with this lease contract, the LESSEE hereby agrees to pay attorney's fee equivalent to
_____________ (_______%) percent of the total amount involved pr claimed by the
LESSOR as against the LESSEE plus all court expenses and/or costs of litigation.
19. Venue: All court actions from this contact of lease shall be filed only in the proper courts
of _____________, Philippines to exclusion of all other courts.
20. Time of Essense: Time is the essence hereof any waiver by the LESSOR of a breach of
any term, covenant or condition herein contained, whether express or implied, shall not
constitute of a waiver of any subsequent breach thereof, or a breach of covenant to pay the
rent so accepted. No waiver by the LESSOR shall be deemed to have been made unless
expressed in writing and signed by the LESSOR.
IN WITNESS WHEREOF, the parties have hereunto set their hands, this _____________
at _____________, Philippines.
LESSOR LESSEE
__________________ __________________
(ACKNOWLEDGMENT)
(Extension of Lease)
AGREEMENT
(Extension of Lease)
- and -
WITNESSETH:
WHEREAS, LESSOR and LESSEE were parties and signatories to a Contract of Lease
executed on _____________ whereby the __Leased Property__ belonging to the LESSOR was
leased by the LESSEE for _____________ (_____) years, up to and including _____________.
WHEREAS, LESSOR and LESSEE have mutually agreed to extend the term of the said
lease contract for _____________ (_______) year(s), from _____________ to _____________.
NOW, THEREFORE, by mutual agreement, both parties have agreed to extend the term
of the said Contact of Lease for another _____________ (_______) year(s), from _____________
to _____________, under the same applicable terms, consideration, and conditions of the original
Contract of Lease, a copy of which is hereto attached and made an integral part of this Agreement.
LESSOR LESSEE
__________________ __________________
(ACKNOWLEDGMENT)
CONTRACT OF LEASE
- and -
WITNESSETH
WHEREAS, the LESSOR is the absolute and registered owner in fee simple of a parcel of land,
situated in the _____________, Philippines, and more particularly described as follows:
WHEREAS, the LESSEE desires to lease the above-mentioned parcel of agricultural land with a
total plantable area of approximately __________________________ (_________) hectares which shall
be the basis for the computation of the rentals, under the terms and conditions hereinafter provided.
NOW, THEREFORE, for and in consideration of the terms and conditions mutually agreed upon by
the parties, the LESSOR, his heirs, successors and assigns, hereby convey of way of lease unto the LESSEE,
his heirs, successors and assigns, the above-described parcel of land, including the improvements found
and existing thereon, subject to the following terms, conditions and stipulations, to wit:
1. PERIOD OF THE LEASE: This contract of lease shall be for a period of _____________ (______)
agricultural sugar crop-years, to commence with sugar crop-year (C.Y.) _____________ up to and
including sugar crop year (C.Y.) _____________, provided further that the LESSEE shall harvest
only _____________ times during the term of this lease, otherwise the LESSEE shall pay rental pro
rata based on the period and hectarage without a need of court order.
2. RENTAL: The consideration of this lease contract shall be an annual lease rental of _____________
(_____) "LKG" per hectare computed on the basis of actual hectarage planted to sugarcanes or
the amount is __________________________ (P_____________) per hectare. The total
hectarage is _____________ therefore the total yearly rental is __________________________
(P_____________). The sum of __________________________ (P_____________) will be the
total rental for this contract.
4. TURN-OVER OF LEASED PROPERTY TO LESSEE: The LESSEE shall permit the LESSOR or its
authorized representatives to take gradual possession of the leased premises as the C.Y.
_____________ standing crops are being harvested by the LESSEE to enable the LESSOR to
propagate and cultivate the crops for C.Y. _____________. The LESSOR shall deliver full physical
possession of the leased premises to the LESSEE upon the termination of this contract and that all
ratoon crops found therein shall inure to the benefit of the LESSOR.
5. IMPROVEMENTS AND ALTERATIONS: The LESSEE may with the written consent of the LESSOR
build houses and other structures in the leased premises which however shall not exceed four (4)
units for use of the LESSEE's or his management team to include but not limited to the encargado
and staff and if the LESSEE so desires, structures for a small poultry, piggery or the like;
The LESSEE is also authorized to alter the fields' divisions, roads, canals including its culverts
provided that such alteration will not result in the diminution of the plantable area;
6. RIGHT OF INSPECTION: Since the LESSOR will be operating a pumping station for the water needs
of her other farms, parties agree that the LESSOR or her duly authorized representative shall have
free access at all times to the leased premises for the sole purpose of operating said pumping
station and the water-ways traversing through the leased premises;
7. REAL ESTATE TAXES, ETC.: The real estate taxes and other land assessments over the leased
premises shall be for the exclusive account of the LESSOR while this lease is in effect;
8. TERMINATION DUE TO FORCE MAJEURE, ETC.: This contract was entered into by the parties in
good faith and under the assumption that no event or circumstances will obtain that will make it
extremely difficult or impossible for the LESSEE to continue planting and cultivating the leased
premises as intended under this contract, therefore, in the event that the LESSEE feels that his life
is in danger, and/or that the peace and order situation in the locality or region where the aforesaid
parcel of land is found or situated deteriorates to such an extent that it would no longer be either
feasible or possible to still plant or cultivate sugarcane over the leased premises, or where the
prices of sugar make the operation of the farm no longer profitable, then the herein parties are
agreed that the LESSEE may preterminate this lease by giving the LESSOR at least THREE (3)
months prior notice, provided that the LESSEE may still harvest his standing sugarcane crops and
the LESSOR is paid the pertinent rentals due thereon;
9. WARRANTY, RIGHT OF WAY. The LESSOR hereby agree, by these presents that she shall provide
and guaranty the necessary right-of-way to the benefit of the LESSEE, including use and access to
common roads and other hacienda facilities and that the LESSOR further warrants the peaceful
possession and occupation of the LESSEE over said parcels of lands or from eviction thereof.
10. AGRICULTURAL PRODUCT. That the LESSEE shall devote the said parcel of land, subject matter of
this contract, to the cultivation of sugar cane or such other agricultural products he may deem
suitable and financially viable and shall be free to introduce therein whatever improvements he
may deem proper and convenient, provided that upon the termination of this contract, all
improvements introduced therein by the LESSEE shall remain and will inure to the benefit of the
LESSOR.
11. MISCELLANEOUS. That in the event that any provisions of Rep. Act No. 6657, otherwise known as
the Comprehensive Agrarian Reform Law of 1988, shall cover or be implemented in the leased
premises or any portion thereof, the rental due shall be reduced in proportion to the area actually
being occupied by the LESSEE;
IN WITNESS WHEREOF, the parties have hereunto set their hands this _____________ at
_____________, Philippines.
LESSOR LESSEE
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
CONTRACT OF LEASE
- and -
WITNESSETH That:
WHEREAS, the LESSOR desires to lease the afore-described property in favor of the
LESSEE and the LESSEE accepts the lease subject to the terms and conditions herein set forth.
NOW, THEREFORE, for and in consideration of the terms and conditions mutually
agreed upon by the parties, the LESSOR hereby lease unto the LESSEE, his heirs, successors and
assigns, the above-described parcel of land subject to the following terms and conditions, to wit:
1. That the term of this lease shall be for a period of _____________ (_____) (years/months)
to commence upon the signing of this Contract and shall be renewable for another
_____________ (_____) (years/months) at the option of the LESSEE, and thereafter
renewable upon mutual agreement of the parties;
3. That upon the signing of this Contract, the LESSEE agrees to pay advanced rentals for
_____________ (_______) months;
4. That the LESSOR shall pay the real property taxes levied of the leased premises
corresponding to the aforementioned parcel of land while the LESSEE shall pay the real
property taxes levied on the building and other improvements that shall be introduced by
the latter;
5. It is expressly agreed by the parties herein that any fixed improvements or renovations that
will be introduced in the subject stall shall become the property of the LESSOR after the
expiration of the term of this Contract.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
_____________ at _____________, Philippines.
LESSOR LESSEE
__________________ __________________
(ACKNOWLEDGMENT)
LEASE AGREEMENT
and
WITNESSETH That:
WHEREAS, the LESSOR is the Lessor of a certain one (1) unit motor vehicle, more
particularly described as follows and hereafter referred to as "the subject Vehicle":
WHEREAS, the Lessor desires to lease the subject vehicle in favor of the Lessee and the
Lessee accepts the lease subject to the terms and conditions herein set forth.
NOW, THEREFORE, for and in consideration of the terms and conditions mutually
agreed upon by the parties, the Lessor hereby lease unto the Lessee, his heirs, successors and
assigns, the above-described motor vehicle, subject to the following terms and conditions, to wit:
1. Lessor's Warranty: The Lessor represents that to the best of his knowledge and belief that
the above-described motor vehicle is in good and safe condition and free of any known
faults or defects which would affect its safe operation under normal use;
2. Lease Period: The Lessor agrees to lease the above-described motor vehicle to the Lessee
for a period of _____________ beginning at __(time)__ (a.m./p.m.) on __(date)__ and
ending at at __(time)__ (a.m./p.m.) on __(date)__;
3. Restrictions on Use: The Lessee agrees (a) that the subject vehicle shall not be used to
carry passengers or property for hire; (b) that the subject vehicle shall not be used to carry
passengers other than in the interior or cab of the vehicle; (c) that the subject vehicle shall
not be used to carry passengers in excess of the capacity thereof; (d) not to use the subject
vehicle to push, propel or tow another vehicle, trailer or any other thing without the written
permission of the Lessor; (e) not to use the subject vehicle for any race or competition; (f)
not to use the subject vehicle for any illegal purpose; (g) not to operate the subject vehicle
in a negligent manner; (h) not to permit the subject vehicle to be operated by any other
person without the written permission of the Lessor; and (i) not to carry passengers,
property or materials in excess of the rated weight carrying capacity of the vehicle.;
4. Indemnity: The Lessee hereby agrees that he shall fully indemnify the Lessor for any and
all loss of or damage to the vehicle or its equipment or accessories during the term of this
Lease Agreement whether caused by collision, fire, flood, vandalism, theft or any other
cause, except that which shall be determined to be caused by a fault or defect of the vehicle
or equipment;
5. Rental Rate: The Lessee hereby agrees to pay the Lessor at the rate of
__________________ (P_________) per _____________ for the use of subject vehicle.
All fuel used shall be paid for by the Lessee;
7. Return of the Subject Vehicle: The Lessee hereby agrees to return said vehicle to the
Lessor at no later than __(time)__ (a.m./p.m.) on __(date)__.
LESSOR LESSEE
__________________ __________________
(ACKNOWLEDGMENT)
(Deed of Sale with Right of Repurchase)
DEED OF SALE
WITH RIGHT OF REPURCHASE
This Deed of Sale with Right of Repurchase, made and executed by and between:
- and -
WITNESSETH; That:
WHEREAS, the VENDOR is the true and absolute owner of a certain parcel of land
covered by Transfer Certificate of Title No. _____________, situated in _____________, and
more particularly described as follows:
That the VENDOR, in executing this assignment and conveyance, hereby reserves the right
to REPURCHASE, and the VENDEE, in accepting the same, hereby obligates himself to
RESELL, RETRANSFER, and RECONVEY, the above-described parcel of land herein conveyed
within a period of _____________ (________) (years/months/days), from and after the date of this
instrument, for the price of __________________________ Pesos (P_____________), Philippine
Currency; Provided, however, that if the VENDOR shall fail to exercise his right to repurchase by
fully and completely paying the said price within the period stipulated, then this conveyance shall
become ABSOLUTE AND IRREVOCABLE, without necessity of drawing up a new deed of
absolute sale.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____________ at _____________, Philippines.
VENDOR VENDEE
__________________ __________________
(ACKNOWLEDGMENT)
- and -
WITNESSETH: That -
NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants
hereinafter stipulated, the parties hereby agree as follows:
1. Term. This Contract shall commence on _____________, and end upon the last delivery,
which shall be shipped, with or without requisition for the balance of goods then unshipped,
by _____________, unless the parties agree otherwise. However, if as of such date,
BUYER is in arrears on the account, the SELLER may then cancel this Contract and sue
for its damages, including lost profits, offsetting the deposit there against, and further
recover its cost of suit including attorney fees;
2. Delivery. The BUYER will give SELLER _____________ days' advance notice regarding
the quantity requested for delivery. Upon receipt of the request for delivery, SELLER will
arrange for delivery through a carrier chosen by SELLER, the costs of which shall be
F.O.B. _____________;
3. Risk of Loss. The risk of loss from any casualty to the Goods, regardless of the cause, will
be the responsibility of the SELLER until the Goods have been received by the BUYER;
4. Acceptance. BUYER will have the right to inspect the goods upon receipt, and within
____________ business days after delivery, BUYER must give notice to SELLER of any
claim for damages on account of condition, quality, or grade of the goods, and BUYER
must specify the basis of the claim in detail. Failure of BUYER to comply with these
conditions will constitute irrevocable acceptance of the goods by BUYER. All notices
between the parties must be in writing and delivered by courier or by certified mail, return
receipt requested;
5. Charges. SELLER shall invoice BUYER upon and for each shipment. BUYER shall pay
all charges on terms of _____________. Any late payment shall bear a late charge of
_____%. Overdue invoices shall also bear interest at the rate of _____% per
_____________. If SELLER undertakes collection or enforcement efforts, BUYER shall
be liable for all costs thereof, including attorney fees. If BUYER is in arrears on any
invoice, SELLER may, on notice to BUYER, apply the deposit thereto and withhold further
delivery until the deposit and all arrearages are brought current;
6. Deposit. Upon signing this Contract, BUYER shall pay SELLER a deposit of
__________________________ (P__________) toward the total price as a precondition
for SELLER's performance, which deposit is to be credited to the last shipment;
7. Warranty. SELLER warrants that the goods sold hereunder are new and free from
substantive defects in workmanship and materials. SELLER's liability under the foregoing
warranty is limited to replacement of goods or repair of defects or refund of the purchase
price at SELLER's sole option. No other warranty, express or implied, is made by SELLER,
and none shall be imputed or presumed;
8. Taxes. All sales taxes, tariffs, and other governmental charges shall be paid by BUYER
and are BUYER's Responsibility;
9. Force Majeure. SELLER may, without liability, delay performance or cancel this Contract
on account of force majeure events or other circumstances beyond its control, including,
but not limited to, strikes, acts of God, political unrest, embargo, failure of source of supply,
or casualty;
10. Entire Agreement. This Contract contains the entire agreement between the parties and
supersedes and replaces all such prior agreements with respect to matters expressly set
forth herein.
12. Venue. All legal actions arising from this Contract shall be initiated only in the proper
courts of _____________ to the exclusion of all other courts or tribunals.
IN WITNESS WHEREOF, the parties have hereunto set their hand, this _____________
at _____________, Philippines.
SELLER BUYER
__________________ __________________
(ACKNOWLEDGMENT)
- and -
WITNESSETH; That -
WHEREAS, the VENDOR is the lawful and registered owner of a certain motor vehicle
more particularly described as follows:
WHEREAS, the VENDOR desires to sell the aforementioned vehicle to the VENDEE and
the latter is willing to purchase the same from the VENDOR;
NOW, THEREFORE, for and in consideration of the foregoing premises and the
covenants hereinafter stipulated, the parties hereby agree as follows:
B. Delay or Default in Payment - Should the VENDEE fail to pay any installment due on
the purchase price in accordance with the immediately preceding paragraph, the VENDOR
shall have the option of rescinding the instant Agreement by serving on the VENDEE, his
agents or representatives, a notarized Notice of Rescission;
C. Delivery - The subject motor vehicle shall be delivered to the possession of the VENDEE
upon the signing of this Deed of Conditional Sale and from that time on and up to full
payment thereof, the risk of loss, damage, and accident of the subject motor vehicle, shall
be borne by the VENDEE;
D. Transfer of Ownership - To secure the payment of the balance of the purchase price and
other obligations of the VENDEE under this Agreement, title or ownership over the subject
motor vehicle is expressly reserved by the VENDOR and shall be transferred to the
VENDEE only upon full payment of the purchase price;
E. Absolute Deed of Sale - Upon full payment of the balance of the purchase price including
any interest due, the VENDOR shall immediately execute, sign and deliver all necessary
documents and/or absolute deed of sale, to the VENDEE to allow the latter to transfer title
over the motor vehicle in his name;
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
signatures this _____________ at _____________, Philippines.
VENDOR VENDEE
__________________ __________________
(ACKNOWLEDGMENT)
DEED OF SALE
This Deed of Sale, made and entered into by and between _____________, of legal age, Filipino,
(single / married / widow), and a resident of _____________, Philippines (hereinafter referred to as the
"VENDOR");
- and -
_____________, likewise of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines (hereinafter referred to as the "VENDEE");
WITNESSETH: That
WHEREAS, the VENDOR is the true and registered owner of a certain motor vehicle, which is more
particularly described as follows:
WHEREAS, the VENDOR desires to sell the said motor vehicle and the VENDEE is ready, willing and
able to buy the same.
IN WITNESS WHEREOF, the parties have hereunto affixed their respective signatures this
_____________, in _____________, Philippines.
VENDOR VENDEE
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
DEED OF SALE
WITNESSETH: That
WHEREAS, the VENDOR is the true and registered owner of a certain motor vehicle, which is more
particularly described as follows:
Make: _____________Motor No.: _____________
WHEREAS, the VENDOR desires to sell the said motor vehicle and the VENDEE is willing and able
to buy the same.
The Vendee has agreed to buy the above-described motor vehicle from the Vendor on an "AS IS,
WHERE IS" basis. The Vendee hereby declares that, with the aid of highly competent mechanics, he has
inspected the said motor vehicle prior to the execution of this Deed, and acknowledges that he is fully satisfied
with the conditions thereof. As such, the Vendor makes no warranty as to the condition, operational or
structural capability, or as to any hidden defects of the subject motor vehicle, which the Vendee warrants to
know by virtue of his duty to inspect; and that for this purpose, both Parties hereto hereby expressly waive
all the implied warranties in the Law on Sales as embodied in the New Civil Code of the Philippines.
IN WITNESS WHEREOF, the parties have hereunto affixed their respective signatures this
_____________, in _____________, Philippines.
VENDOR VENDEE
(ACKNOWLEDGMENT)
DEED OF SALE
- and -
W I T NE S S E T H:
NOW, THEREFORE, for and in consideration of the foregoing premises and the
stipulations and covenants hereinafter provided, the VENDOR does hereby SELL, TRANSFER
and CONVEY, absolutely and unconditionally, the __________________________ (_________)
shares of stocks of _____________ CORPORATION as aforementioned, unto the VENDEE,
(his/her) heirs, successors, and assigns, in consideration of the total sum of
__________________________ (P__________), Philippines Currency.
It is mutually agreed upon by both parties that all expenses for the execution and
registration of this sale and all taxes, fees and charges necessary for the transfer of the title to the
afore-described shares of stocks shall be for the sole account of the VENDOR.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
_____________ at _____________, Philippines.
VENDOR VENDEE
__________________ __________________
(ACKNOWLEDGMENT)
(Contract to Sell - Real Property / the Vendor to Evict Squatters before payment of the full
consideration)
CONTRACT TO SELL
- and -
WITNESSETH: that -
WHEREAS, the VENDOR is the absolute and registered owner of a certain parcel of land,
including all the improvements thereon, situated in _____________, Philippines, more particularly
described as follows:
(Technical Description of Property)
WHEREAS, the VENDOR desires to sell and the VENDEE agrees to buy the above-
described parcel of land and all the improvements thereon;
NOW, THEREFORE, for and in consideration of the foregoing premises and the
stipulations and covenants hereinafter provided, the VENDOR does hereby agree to SELL,
TRANSFER and CONVEY, absolutely and unconditionally free from all liens and encumbrances,
the above-described parcel of land and all the improvements thereon, unto the VENDEE, his heir,
successors and assigns, in consideration of the sum of __________________________ PESOS
(P_____________), Philippine Currency, the payment of which shall be as follows:
_____________ Pesos (P___________) immediately upon the signing of this agreement, receipt
of which is herein acknowledged by the VENDOR to his full and complete satisfaction, and the
balance to be paid immediately upon full compliance of the VENDOR with his obligations
contained hereunder:
2. Within the same period, the VENDOR shall cause the eviction / removal of any and all
occupants on the premises and deliver possession of the same to the VENDEE within the
said period free of any tenants, occupants, lessees, squatters, etc.
3. Should any of the parties fail to strictly comply with any of their obligations contained
herein, the offended party shall have the option of either rescinding this Contract to Sell
and demand the return of any documents given or demand the return of any payments made
or advanced, as the case may be, or require the strict performance by the guilty party of
(his/her) obligations contained herein. In both instances, the guilty party shall be liable to
the offended party for liquidated damages in an amount not less than _____________ Pesos
(P___________), Philippines Currency;
4. It is mutually agreed upon by both parties that all the expense(s) for the execution and
registration of the sale from the VENDOR to the VENDEE, including notarization of this
contract and payment of the capital gains tax, documentary stamp tax, transfer tax and all
other fees and charges necessary for the transfer of the title to the VENDEE shall be for
the sole account of the (VENDOR/VENDEE). (The VENDOR shall shoulder all expenses
for the cancellation of any and all mortgage(s) annotated on the title by the Register of
Deeds of Bacolod City.);
5. The VENDOR hereby undertakes that (he/she), (his/her) heirs and assigns shall warrant
and defend the title to the real property subject of this Deed against all just claims of all
persons or entities and will defend the VENDEE against all judicial or administrative
actions for eviction;
6. This Agreement shall be valid and binding not only on the parties represented herein but
also on their heirs, agents, representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
_____________ at _____________, Philippines.
VENDOR VENDEE
__________________ __________________
(ACKNOWLEDGMENT)
This Deed of Absolute Sale made and entered into by and between:
WITNESSETH:
WHEREAS, the VENDOR is the true and registered owner of a parcel of land covered by
Transfer Certificate of Title No. _____________, situated in _____________, Philippines, more
particularly described as follows:
WHEREAS, the VENDOR desires to sell and the VENDEE agrees to buy the
aforementioned parcel of land, including all the improvements found and standing thereon.
The VENDOR hereby undertakes that (he/she), (his/her) heirs, successors and assigns shall
warrant and defend the title to the real property subject of this Deed against all claims of all persons
or entities. The VENDOR also guarantees the right of the VENDEE to take possession of the
property subject of this agreement upon the signing and execution of this agreement and will
defend the latter against all judicial or administrative actions for eviction.
Capital gains tax, transfer tax and other taxes, fees and charges that may be imposed on the
transfer of title in favor of the VENDEE shall be for the sole account of the (VENDOR/VENDEE).
This Agreement shall be valid and binding not only on the parties herein but also on their
heirs, agents, representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
_____________ at _____________, Philippines.
VENDOR VENDEE
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
(Deed of Conditional Sale of House and Lot with Risk of Loss Clause)
This Deed of Conditional Sale made and entered into by and between:
WITNESSETH:
WHEREAS, the VENDOR is the true and registered owner of a parcel of land located in
_____________, Philippines, including residential house and other the improvements found and
standing thereon, which parcel of land is more particularly described as follows:
WHEREAS, the VENDOR desires to sell and the VENDEE agrees to buy the
aforementioned parcel of land, including the residential house and all the improvements thereon,
subject to certain terms and conditions mutually acceptable to the parties;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants
and stipulations hereinafter set forth, the parties hereto have agreed, stipulated and covenanted and
hereby agree, stipulate and covenant as follows:
1. Purchase Price - The total purchase price shall be __________________________ PESOS
(P_____________), Philippine Currency, payable as follows, without need of demand:
1. Delay / Default in Payment - Should the VENDEE fail to pay the balance on the purchase
price in accordance with the schedule of payment provided in the immediately preceding
paragraph, the VENDOR shall have the option of rescinding the instant Agreement by serving
on the VENDEE, his agents or representatives, a notarized Notice of Rescission;
2. Delivery - The subject property shall be delivered to the possession of the VENDEE upon the
signing of this Agreement and from that time on, the subject property, particularly the
residential house and other improvements found thereon, shall be at the risk of the VENDEE.
However, to secure the payment of the purchase price and other obligations of the VENDEE
under this Agreement, title or ownership over the subject property is expressly reserved by the
VENDOR and shall be transferred to the VENDEE only upon full payment of the purchase
price;
3. Effects of Rescission - Should the instant Agreement be rescinded for any cause whatsoever,
there shall be mutual restitution, provided that the VENDEE shall be liable to pay the
VENDOR the amount of P_____________ per month to be considered as rental payments for
the use and occupation of the property, whether or not the subject property has been actually
occupied or used by the VENDEE; The foregoing remedy is without prejudice to other legal
remedies available to the VENDOR under the law;
4. Inspection and Warranty - The VENDOR has agreed to sell the subject property to the
VENDEE on an "AS IS, WHERE IS" basis. The VENDEE hereby declares that he has inspected
the subject property prior to the execution of this Agreement, and acknowledges that he is fully
satisfied with the conditions thereof. The VENDOR makes no warranty as to the condition,
operational or structural capability, or as to any hidden defects of the subject property, which the
VENDEE warrants to know by virtue of the VENDEE' duty to inspect;
5. Improvements. - Prior to transfer of ownership to the VENDEE, the latter shall not make any
structural changes, alterations, additions or improvements on the property without the prior
written consent of the VENDOR. Any violation of this prohibition shall be a ground for the
rescission of this Agreement. Any alterations or improvements made or introduced by the
VENDEE on the property with the written consent of the VENDOR shall, in the event that the
instant conditional sale is rescinded, be automatically owned by the VENDOR without any
obligation on the part of the VENDOR to pay or reimburse its value or cost to the VENDEE;
6. Transfer of Ownership - Upon full payment of purchase price including any interest due, the
VENDOR shall immediately execute, sign and deliver all necessary documents and/or deed of
sale or conveyance, as well as the original Transfer Certificate of Title No. _____________,
to the VENDEE to allow the latter to transfer title over the property in their names;
7. Warranty of the VENDOR - The VENDOR hereby warrants that prior to the transfer of
ownership in favor of the VENDEE, the VENDOR shall not alienate, encumber or otherwise
transfer the property without the prior written consent of the VENDEE;
8. Taxes, Registration and Transfer Expenses - All taxes such as capital gains tax and
documentary stamp tax, necessary for the transfer of title and ownership from the VENDOR
to the VENDEE, including legal fees for the preparation and notarization of all documents
related to this transaction, shall be for the account of the VENDOR. On the other hand,
registration fees and charges and other transfer costs shall be for the account of the VENDEE;
9. Binding Effect. - The instant Agreement shall be binding not only on the parties herein, but also
on their heirs, assigns and successors-in-interests;
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
_____________ at the _____________, Philippines.
VENDOR VENDEE
__________________ __________________
(ACKNOWLEDGMENT)
DEED OF REPURCHASE
That I, _____________, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, am the purchaser of a certain parcel of land which was sold to me
on _____________ by _____________ under a DEED OF SALE WITH RIGHT TO
REPURCHASE registered as Doc. No. ______, Page No. ______, Book No. ______, Series of
______ of the Notarial Register of Notary Public _____________, which parcel of land is more
particularly described as follows:
(Technical Description of Property)
VENDEE A RETRO
__________________ __________________
(ACKNOWLEDGMENT)
CONTRACT OF OPTION
Should the option to purchase herein granted is not exercised as above-stated, then this
Contract of Option shall at once be revoked and cancelled and shall be of no force and effect and
the amount paid herein shall be forfeited in my favor. However, should the option to purchase be
exercised in accordance herewith, then the amount paid herein shall be deemed as a Down Payment
and shall be deducted on the purchase price as above-stated.
__________________________
__________________ __________________
(ACKNOWLEDGMENT)
- and -
WHEREAS, parties herein are the same parties in a Deed of Conditional Sale identified
as Doc. No. ______; Page No. ______; Book No. ______; Series of ______ of the Notarial
Register of Notary Public _____________ of _____________, wherein the VENDOR, for and in
consideration of the sum of __________________________ (P_____________), Philippine
Currency, sold to the VENDEE a certain parcel of land, more particularly described as follows:
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties
hereto make known, by all these presents, that the aforementioned Deed of Conditional Sale
involving the above-described property is hereby RESCINDED and ANNULLED, and declare the
aforementioned Deed of Conditional Sale as without any force and effect and by these presents
hereby authorize the Register of Deeds of _____________ to rescind and annul said Deed after
payment of the required fees.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
_____________ at _____________, Philippines.
VENDOR VENDEE
__________________ __________________
(ACKNOWLEDGMENT)