Princess F.

Magpatoc
LLB I

1. What is an affidavit?
Ans. An affidavit is a type of verified statement or showing confirmed by oath
or affirmation that serves as evidence to its veracity and is required for court
proceedings.

2. What are the parts of an affidavit? Provide a sample affidavit.

Ans.
1. The Header - Usually seen on the upper left of an Affidavit, it appears like
this. this part of an Affidavit refers to the venue where the same was executed.
It also indicates the jurisdiction within which the notary public may administer
oaths.
2. The Title - the common title of an Affidavit is Affidavit or if there are two or
more affiants, Joint Affidavit. However, there are some Affidavits which has
been designated with a name such as Affidavit of Loss, Affidavit of Quitclaim
and Affidavit of One and the Same Person.
3. The Body - The body is the majority of the affidavit. It can still be divided
into two sub-parts.
A. Opening Statement
An opening statement where the affiant states his name, nationality, that he is of
legal age, his residential address and that he has been sworn to in accordance
with law.
B. The Statement of Facts
Here you simply narrate facts. You divide them by paragraphs which you may
identify with numbers or letters. Accurately narrating the facts.
4. Signature of the Affiant - This is placed after the body. This is where the
affiant signs his name.
5. Jurat - The last part of an Affidavit is a jurat. It is the part of the Affidavit
wherein the notarial officer indicates that the affiant has subscribed and sworn
to in his presence and that the latter has shown a proof of his/her identity to the
former. Furthermore, this part is where the notarial officer affixes his seal and
signature, notarial information and the record details of the Affidavit.
Sample Affidavit
3. How does a jurat differ from an acknowledgement?
Notary acknowledgement is mostly used on real estate transfers, powers of
attorneys, and in general in all documents such as a contract, where the goal is
to verify that a certain person indeed signed the document. Interestingly, the
signer of a notary acknowledgement is not required to sign in the presence of
the notary, as long as he/she appears in front of a notary. A common
misconception is that the signer needs to wait until in front of a notary before
executing the document. That’s not necessary – only the personal appearance is.
Jurat is used for affidavits (such as affidavit of death) or to swear that certain
facts are true. The signer needs to appear in front of the notary to take the oath.

4. What is a legal opinion

Legal refers to a written statement by a court, judicial officer, or legal expert as
to the legality or illegality of an action, condition, or intent. An attorney
provides his or her understanding of the law as applied to assumed facts.
Explanation by a judge or group of judges of a decision rendered by the court is
also termed legal opinion.

5. What are the different parts of a legal opinion

1. Title and Heading
2. Introduction
3. Brief Summary of decision
4. Facts/Background
5. Standard of review
6. Issues/Analysis
7. Legal reasoning
8. Holding
9. Conclusion
6. Legal Opinion

September28, 2019
Mel G
Tindalo Street
Muntinlupa City.

Dear Ms. Mel G:

I am writing you this letter regarding the case we have discussed whether you
and Jake Cyruz can still proceed with your wedding and whether Jake can be
charged of bigamy if he continues with the wedding.
You and Jake Cyruz, of Dian Street, Makati City, scheduled your wedding on
October 17. Last month, you received a mail containing copies of a marriage
license issued by the Civil Registrar’s office of Imus, Cavite, dated September
17, 2017 in favor of Jake and Ester and a certificate of marriage showing that
they were married at the office of some religious pastor at the back of Manila
City Hall on August 4, 2012. Ester is Jake’s ex-girlfriend to which he has with
her an illegitimate child. Ester on the other hand, confessed that such marriage
license was fraudulent and that Ester paid someone to manipulate the said
license. This fact is also supported because the handwritten details and
signatures on the documents were definitely not those of Jake as confirmed by
experts and also the information about where he lived and the names of his
parents were all wrong.
For the purpose of rendering this opinion, I have made such legal and factual
inquiries of the laws which are deemed relevant:
1. The alleged marriage of Jake to Ester is one that of a void marriage since it
lacks the essential and formal requisites of marriage in which Article 2 and
Article 3 of the Family Code provides:
Art. 2. No marriage shall be valid, unless these essential
requisites are present:
(1) Legal capacity of the contracting parties who must be a male
and a female; and
(2) Consent freely given in the presence of the solemnizing
officer.
Art. 3. The formal requisites of marriage are: (1) Authority of
the solemnizing officer;
(2) A valid marriage license except in the cases provided for in
Chapter 2 of this Title;
 and
(3) A marriage ceremony which takes place with the
appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses
of legal age.

Clearly, the consent was not freely given as Jake was not even aware of the said
marriage. The marriage license is invalid for it was manipulated by Ester and
there was no marriage ceremony that took place with the appearance of the
contracting party. Article 4 the Family Code provides that the absence of any of
the essential or formal requisites shall render the marriage void ab initio.

2. Article 349 of the revised penal code provides that a person may be charged of
bigamy if he shall contract a second or subsequent marriage before the former
marriage has been legally dissolved, provided, the offender has been legally
married.

Although the Jake is not legally married to Ester, Article 40 of the Family Code
further provides that:

Art. 40. The absolute nullity of a previous marriage may be

invoked for purposes of remarriage on the basis solely of a final
judgment declaring such previous marriage void.

“It is now settled that the fact that the first marriage is void from the beginning
is not a defense in a bigamy charge. One who enters into a subsequent marriage
without first obtaining such judicial declaration is guilty of bigamy. This principle
applies even if the earlier union is characterized by statutes as “void.”

In conclusion, Jake Cyruz must obtain a final judgment declaring his marriage
with Ester void in order to proceed with your wedding. Although the evidences
you have gathered are strong to prove that such marriage between Jake and
Ester was void, I still recommend that you gather more evidences to secure the
court’s decision be in your favor.

Sincerely Yours,
Atty. Xander Ford