Legal Forms Reviewer

QUICK REVIEWER ON LEGAL FORMS By: Atty. Edwin M. Carillo

A. BUSINESS LEGAL FORMS

As the term suggests, Business Legal Forms are the templates or moulds used or required in the ordinary course of trade or commerce. These templates are usually divided into three (3) patterns, namely: (i) affidavits; (ii) deed forms; and, (iii) contract forms.

I. AFFIDAVITS or SWORN STATEMENTS

An affidavit is a sworn declaration of facts known to a declarant or affiant. It consists of the following parts: the venue of execution, title, person’s bona fides, the oath, statement, the signature and the jurat. (Code: VeTiPe-OSta-SiJu) Of all these parts, the jurat is the most important as this is the certification of an officer that the statement was sworn before him. Section 6, Rule II of the 2004 Rules on Notarial Practice (RNP) (effective August 2004), however, defines a jurat as an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrument or document;

(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;

(c) signs the instrument or document in the presence of the notary; and

(d) takes an oath or affirmation before the notary public as to such instrument or document. (This means that the declarant vows under penalty of law to the whole truth of the contents of his statement. Note also that the elements of a jurat are connected by a conjunctive “and”. As such, each one act should be reflected in the jurat.)

Republic of the Philippines)City of Manila ) S.S.

AFFIDAVIT

I, RAUL C. SALONGA, of legal age, married, residing at 505 V.G. Cruz, Sampaloc, Manila, state under oath that:

1. I am a licensed physician.

2. I examined accused Ferdinand Ramos at 4 o’clock in the afternoon today and found him suffering from intestinal flu for which I prescribed medicine and best rest for three days.

Manila, 14 August 2008.

(SGD.) RAUL C. SALONGA Affiant

SIGNED AND SWORN before me this 14 August 2008 at Manila, after affiant exhibited to me his Passport JJ2003*, issued on 09 January 2007 at Manila.

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

Jurat

NOTE:

*The passport number is indicated here instead of the usual community tax certificate because of Section 12, Rule 2 of the 2004 RNP, which provides:

“SEC 12. Competent evidence of Identity – The phrase “competent evidence of identity” refers to the identification of an individual based on:

(a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or

(b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.”

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The Notarial Certificate

(SGD) JUAN C. MENDOZANotary Public for Manila

Suite 212 Burke Building, Escolta, ManilaCommission Serial 54342

Until Dec. 31, 2008Roll of Attorney 38718

PTR 56789; 1-12-08; ManilaIBP 24680; 1-12-08; Manila

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

Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 19, 2008.

"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. The Court Resolved, upon the recommendation of the Sub Committee on the Revision of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:

Rule II

DEFINITIONS

xxx

"Sec. 12. Component Evidence of Identity. The phrase "competent evidence of identity" refers to the identification of an individual based on:

(a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual, such as but not limited to, passport, driver’s license, Professional Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman’s book, alien certificate of registration/immigrant certificate of registration, government office ID, certification from the National Council for the Welfare of Disable Persons (NCWDP), Department of Social Welfare and Development (DSWD) certification; or

(b) xxxx."

All other laws requiring its presentation for purposes of notarization are deemed amended owing to the Supreme Court’s sole authority under the constitution to promulgate rules concerning the practice of law in the country, including notarial practice that is now a lawyer’s exclusive work.

______________________________________________________________AFFIDAVITS OF GOOD FAITH

This statement, jointly executed by the mortgage parties, is used only in chattel mortgage contracts signifying that their agreement is valid and not for fraud. The absence of this affidavit can render the contract void. This is a favorite form among examiners, as it will require examinees to accomplish four (4) forms in one question.

Check the sample below:

1. (DRAFT OF BASIC CHATTEL MORTGAGE CONTRACT)

2. (ACKNOWLEDGMENT)

3. AFFIDAVIT OF GOOD FAITH

WE, the undersigned parties, under oath declare that:

1. We are the parties to the foregoing chattel mortgage; and,

2. We executed said mortgage in good faith to secure a valid obligation not for the purpose of fraud.

9 January 2008, City of Manila.

(SGD.) Mortgagor (SGD.) Mortgagee

4. (JURAT)

______________________________________________________________

CERTIFICATIONS

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

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

SECRETARY'S CERTIFICATE

As corporate secretary, I certify that last 12 January 2008 the Board of Directors of the All-Star Consumer Product Corporation met at its principal office in Makati City and passed the following resolution which to date remains effective without amendments:

"Resolved that the Corporation shall open and maintain a current account with Piso Bank (Makati branch) and funds from it could be withdrawn with the signature of the President and the Treasurer only."

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Makati City, 5 January 2009.

(SGD). RODOLFO E. POLICARPIO Corporate Secretary

(JURAT)

Look at the sample directors’ certificate below:

PAG-ASA TRI-FORUM NETWORK, INC.Special Board of Directors’ Meeting held on

4 November 2007 at Room 109 ABC Building 2251 Pasong Tamo St., Makati City

Present:/Absent

All Board members are present in this special meeting called by the Chairman.

1. Approval of the Minutes:

The Board, upon motion made and duly seconded, approved to dispense with the reading of the minutes of the previous meeting.

2. Appointment of Mr. Jose Antipuesto as General Manager.

The Chairman apprised the Board Members that the meeting was specifically called to discuss the proposal to appoint a General Manager. There being a quorum, the following resolution was approved:

“RESOLVED, that the Board of Directors of PAG-ASA TRI-FORUM NETWORK, INC. appoints Mr. BENJAMIN T. ANTIPUESTO as General Manager of the Corporation.”

“RESOLVED, FINALLY, that the Board authorizes Mr. ANTIPUESTO, whose signature appears below, to deal, transact and otherwise sign checks, drafts and other banking documents with RCBC, Tektite-Ortigas Branch”

(SGD.) BENJAMIN T. ANTIPUESTO

There being no other matters to be discussed, the meeting was adjourned at 2:00 PM.

(SGD.) RODRIGO L. ANTIMANOChairman

Driver’s License NO2-123456

(SGD.) CONCEPCION E. ANTIMANO Corporate Treasurer


(SGD.) FRITZEL A. DACCIACorporate Secretary


(SGD.) RONALD L. ANTIMANOMember


(SGD.) MANUEL F. ANTIMANOMember


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

(NOTARIAL CERTIFICATE)

II. DEED FORMS

A Deed Form indicates an agreement of at least two parties but made to appear as a unilateral act of a person disposing his property or right in favor of another after his receipt of a consideration. The transaction is terminated by the conveyance of the thing or right. A typical deed has the following parts: Title, Announcement, First Party, Consideration, Act or Conveyance, Second Party, Signature and Acknowledgment (Code: TAF-CAS-SA).

Observe these parts in the deed below.

DEED OF SALE OF MOTOR VEHICLE

THE PUBLIC IS ALERTED:

I, PROCOPIO C. CRUZ, of legal age, married, and residing at 12 Apo St., Quezon City, for and in consideration of P100,000.00, hereby sell, convey, and transfer on an “as is where is” basis my motor vehicle, more particularly described as follows:

Make: Toyota Corolla 2000; Motor: EMC14356CSerial /Chassis: CDC042094, File: 2345567E

Reg. Cert.: 4567EC, Plate: UAP 863

to RICARDO LIM, of legal age, married, and residing at 2 Bangkal St., Manila.

SIGNED: 8 July 2008, Quezon City.

(SGD.) PROCOPIO C. CRUZSeller

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With my consent:

(SGD.) Helen Y. CruzSpouse

(ACKNOWLEDGMENT)

NOTE:

If the act or conveyance is altered, the deed could be converted into another one. The operative statement would change depending on what the examiner demands from the examinee. The common deeds asked in the bar are deeds of assignment, donation inter vivos, easement of right of way, real estate or chattel mortgage, and powers of attorney.

If you are asked to draft a deed of donation inter vivos, do not forget the acceptance of the donee and the donor’s declaration that he reserved sufficient properties for himself and his creditors. The operative statement that should be remembered would be something like below:

"for and in consideration of my love and respect for CARMINA DE JOYA, I do hereby transfer and convey by way of donation”

Check out the sample donation deed below involving two corporations:

DONATION DEED

SO THE PUBLIC MAY KNOW:

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

(Technical description)

I warrant that CRDC has reserved for it in full ownership other properties sufficient for its continued existence and for its creditors’ protection and I will surrender in CBCI's favor all documents necessary to facilitate the transfer of the property in its name.

SIGNED on 9 November 2006, in Makati City.

CELTA REALTY DEVELOPMENT CORPORATIONDonor

By:(SGD.) CONCEPCION C. TRINIDAD

ACCEPTANCE

On CBCI’s behalf, I, High Minister REDENTOR C. INANTES, duly authorized for this purpose as shown by the attached authority, do hereby accept the foregoing donation of the above-described property even as I express the corporation’s sincere appreciation and gratitude to CRDC, its stockholders, officers and staff for the kindness and solidarity they have shown by virtue of this act.

SIGNED on 9 November 2006, in Makati City.

CAYLAWAY BAPTIST CHURCH, INC.Donee

By: (SGD.) REDENTOR C. INANTES

Witnessed by:

(SGD.) JOSE C. AMOS (SGD.) BENEDICTO S. PAPA

(Acknowledgment)

Check out the following operative statements for the following specific deeds:

In a Deed of Repurchase of Land sold under Pacto de Retro:

"for and in consideration of the amount of P1 million, do hereby RESELL, RETRANSFER, and RECONVEY"

In a Deed of Assignment:

"for and in consideration of the sum of P50,000 do hereby ASSIGN, TRANSFER, AND CONVEY"

In an Easement of Right of Way:

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

In Extrajudicial Settlement Among Heirs:

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

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If you are asked to draft a power of attorney, determine the intent of the principal from the problem. A Special Power of Attorney should be drafted if the principal's intent is to empower the agent to perform ACTS OF DISPOSITION (sale, mortgage, lease, etc.), otherwise if only ACTS OF ADMINISTRATION is intended, a General Power of Attorney would suffice.

A special form of deed is the last will. In the absence of any qualification by the examiner, a holographic will is recommended to be drafted since its requirements are simpler, i.e. it should only be entirely written, dated, and signed by the hand of the testator himself. (Cf. Art. 810, Civil Code) Otherwise, remember the requirements of a notarial will under Articles 805-806 of the Civil Code. Consider the sample will below.

MY LAST WILL

It is my wish that upon my death, everything I own be given to my only child named Eduardo L. Montinola, Jr.

(SGD.) Eduardo L. Montinola, Sr.

17 September 2004, Manila

III. CONTRACT FORMS

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

Observe these parts in the contract below.

CONTRACT OF SERVICE

SO THE PUBLIC MAY KNOW:

This Agreement executed between:

TOMAS S. BALATAN, Filipino, of legal age, and residing at 1435 Mindanao Avenue, Quezon City;

- and -

JUAN N. BUELTA, Filipino, of legal age, and residing at 789 Craig St., Sampaloc, Manila;

Antecedents:

TOMAS owns a house and lot at the above given address and his property requires the prompt installation of a deep well;

JUAN is engaged by the business of supplying and installing deep wells to draw potable water and has expressed his willingness to service the requirements of TOMAS under certain terms and conditions;

Consequently, in consideration of the terms and conditions stated below, the Parties mutually agree as follows:

1. TOMAS shall pay JUAN the sum of Pesos: Forty Thousand (P40,000.00) for both materials and labor cost payable as follows:

1.1. Pesos: Fifteen Thousand (P15,000.00) upon signing this contract;

1.2. The balance shall be paid upon delivery to TOMAS of the completely functional deep well utility.

2. JUAN warrants that the deep well it shall install and deliver to TOMAS shall be free from hidden defects and against poor worksmanship.

3. JUAN assures TOMAS that the deep well shall yield the normal volume of potable water for a standard family of six (6). Otherwise, the JUAN undertakes to re-do the work at no cost to TOMAS. Should the project be redone that will require installation of extra pipes of at least 12 feet long, TOMAS shall defray the cost of the materials.

The deficiency of this contract shall be supplemented by the provision of existing law.

SIGNED: 17 August 2008, City of Manila.

(SGD.) TOMAS S. BALATAN (SGD.) JUAN N. BUELTA

Signed in the presence of:

(SGD.) JACINTO C. TIRAPA (SGD.) FELICITO F. NANLUMO

(ACKNOWLEDGMENT)

COMPROMISES

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

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Check out the sample compromise below:

COMPROMISE SO THE PUBLIC MAY KNOW:

This agreement executed among:

LARRY R. LUZ, Filipino, of legal age, married, and residing at 13 Pinecircle Street, Vista Verde Country Homes, Cainta, Rizal;

SUPERHEM CONSUMER PRODUCTS, INC., (SUPERHEM) a corporation duly organized and existing under Philippine laws with principal office located at 9/F Pacific Star Building, Makati Avenue corner Sen. Gil Puyat Avenue, Makati City, represented by its President, RICARDO R. COLARINA, duly authorized for this purpose, as shown by the attached authority;

-and-

RICARDO R. COLARINA, JUAN A. DELA CRUZ, JUANA FE C. DELA PEÑA, RONALDO B. JOSE, and ONOFRE G. REYES, all Filipinos, of legal ages, and all holding offices at Building D, JY & Sons Compound, Veterans Center, Taguig City, as Superhem’s Directors/Stockholders.

- Antecedents -

Larry filed a complaint against Superhem and its directors before the Regional Trial Court of Makati City, Branch 61, docketed as Civil Case 06-973 for a number of issues arising from the issuance and implementation of a questionable Board resolution dated 12 July 2004 that prejudiced him. Superhem and its directors have since filed their answer to his complaint.

Later, the Court referred the parties to mediation pursuant to existing rules. After several discussions and negotiations through the parties’ chosen mediator, they have jointly and amicably settled their differences subject to certain conditions.

ACCORDINGLY, for and in consideration of the foregoing premises, the parties agree as follows:

A. SUPERHEM’s Obligations :

1. To pay Larry the sum of PhP600,000.00 cash upon execution of this compromise on 30 May 2006.

2. To execute a deed of sale through its authorized representative that would transfer its full ownership in Henry’s favor over a motor vehicle described below:

Make Honda AccordModel 2004Type SedanColor Blue Silver

Motor Number PALP5-Y00558Serial/Chasis Number PADCF9630YV200552

Plate Number WMB-888

B. Directors-Stockholders’ Obligations:

1. To jointly execute a quitclaim in Larry’s favor releasing him and forever discharging him from any claim, cause of action, or any further obligation in connection with his involvement as Prochem’s director, stockholder and officer.

2. To assume Larry’s stock subscriptions in Superhem at its par value.

C. Larry’s Obligations:

1. To receive the amount and other documents stated in both items A and B above.

2. To execute any and all documents to fully transfer and convey his stock subscriptions in favor of his co-directors-stockholders consistent with item B-2 to expedite his complete dissociation from Superhem.

3. To execute a quitclaim in Superhem’s favor and its directors and officers releasing and forever discharging them from any claim, cause of action, or any further obligation in connection with his involvement as Superhem’s director, stockholder and officer. D. Common Obligations:

1. Within a reasonable time after the execution of this compromise, the parties agree to jointly move the Makati City Regional Trial Court to render judgment in the pending suit (Civil Case 04-973) based on the particulars stated in this agreement; and,

2. The parties further agree to forever waive all other claims and counterclaims against each other in the form of damages, attorney's fees and costs of suit.

Signed this 17 May 2006 in Makati City.

(SGD.)LARRY R. LUZ SUPERHEM CONSUMER PRODUCTS, INC.BY: (SGD.) RICARDO R. COLARINA

(also for himself)(SGD.) JUAN A. DELA CRUZ,

(SGD.)JUANA FE C. DELA PEÑA(SGD.)RONALDO B. JOSE(SGD.)ONOFRE G. REYES

Witnessed and Assisted by:

(SGD.) Hon. RUEL JOSEPH V. ESGUERRA, Mediator

ACKNOWLEDGMENT (COMMON TO ALL DEED & CONTRACT FORMS)

Section 1, Rule II of the 2004 RNP defined acknowledgment as an act in which an individual on a single occasion:

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(a) appears in person before the notary public and presents an integrally complete instrument or document;

(b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules; and,

(c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.

From the foregoing, it becomes clear that a notary public speaks in this part of the deed or contract. He confirms that each of the acts mentioned above took place in one occasion.

Take a look at the sample acknowledgment below.

ACKNOWLEDGMENT

BEFORE ME, personally appeared:

Name Passport Date/ Place Issued1. Tomas S. Balatan CC123330 1-05-2006/ Baguio City2. Juan N. Buelta JJ200345 1-17-2007/ Manila

They are known to me to be the same persons who presented the foregoing contract and acknowledged to me that the signatures they affixed in it are their voluntary acts for the purposes stated in their document.

SIGNED AND SEALED in Manila, 15 August 2008.

(SGD) Juan C. Mendoza Notary Public for Manila

Suite 212 Burke Building, Escolta, Manila Commission Serial 54342

Until Dec. 31, 2008 Roll of Attorney 38718

PTR 56789; 1-12-08; Manila IBP 24680; 1-12-08; Manila


(Special Requirement in Conveyance of Real Property pursuant to Act 496, as amended)

This paragraph should be added before the notary public’s signature:

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

(Special form of acknowledgment for notarial wills)

JOINT ACKNOWLEDGMENT


Name Passports Date/ Place Issued1. Tomas S. Balatan CC123330 1-05-2004/ Baguio City2. Juan N. Buelta JJ200345 1-17-2005/ Manila3. Enrique C. Abergas BB947556 4-23-2006/ Manila4. Marivic J. Cabron DC234348 8-14-2005/ Manila

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

This will consists of two pages, including the page on which this acknowledgment is written, and has been signed on the left margin of each and every page of it by the testator and his witnesses, and sealed with my notarial seal.

SIGNED AND SEALED on 16 August 2007, Manila.

(Add the notarial certificate)

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

ACKNOWLEDGEMENT


Name Competent Evidence of Identification

Date/ Place Issued

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

Passport CC123330 1-05-2005 / Baguio City

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

Passport JJ200345 1-17-2005 / Manila

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known to me to be the same persons who presented and executed the foregoing contract on behalf of the corporations they represent and acknowledged to me that the same is their voluntary acts and that of the corporation being represented.

SIGNED AND SEALED in Manila, 17 August 2007.

(Add Notarial Certificate)

NOTE:

*Based on Section 1, Rule II of the 2004 RNP, only individuals can be parties in the acknowledgment process. Corporations cannot take part in the process even if they are the real party to the contract or deed. If a corporation is a party to the contract, its representative must act for it and must so indicate in the acknowledgment that he acts in such representative capacity. Unless required, it is advisable to simply refer in the drafted deed or contract the specific authority of the corporation’s representative.

*The absence of an acknowledgment will not render the contract or deed void except when the law requires that a contract be in some form in order that it may be valid or enforceable like acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest in it which under the law must appear in a public instrument. An acknowledgment, therefore, in these special cases is a must.

B. JUDICIAL FORMS

A typical judicial form takes a single pattern and has the following parts: (1) Caption; (2) Title (3) Introduction; (4) Body; (5) Relief; (6) Attorney’s Box; and (7) Addenda. (Code: Cap-TIBRA-A) The caption sets forth the name of the court, the title of the action and the docket number if assigned. (Cf. Section 1, Rule 7, Rules of Court) The title referred here is the title of the document, either complaint, petition, motion, opposition, answer, reply, etc.

The Introduction presents the writing party to the reader. The Body sets forth its designation, the allegations of the party’s claims and defenses and the date of the pleading. The Relief box indicates the specific relief sought by the party including the general prayer for further relief as may be deemed just and equitable.

The Attorney’s box indicates the name and signature of the lawyer, his office address (not post office box), his Integrated Bar of the Philippines and professional tax receipt numbers and roll number. The latest Supreme Court circular (AM No. 07-6-5-SC, 10 July 2007) also requires the inclusion of the parties and lawyer’s contact details, e.g., telephone number, fax number, cellular phone number, or e-mail address in all papers and pleadings filed with the Supreme Court. A counsel’s failure to indicate his roll number renders the document a scrap of paper. An unsigned pleading produces no legal effect. A lawyer’s signature is a certification that: he has read the pleading; to the best of his knowledge, information, and belief, there is a good ground to support it; and that it is not interposed for delay. Note also that Bar Matter 1 922 dated 3 June 2008 requires practicing members of the bar to indicate in all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Compliance or Exemption Certificates, as may be applicable, for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

The Addenda to these documents usually vary depending on the judicial form being drafted. Observe these parts from the samples below.

I. COMPLAINTS

Rule 6 of the Rules of Court, as amended, has consistently required that complaints be concise enough to contain mere ultimate facts of a plaintiff’s cause/s of action. The body of the complaint is most important. In Javelosa vs. Court of Appeals, (G.R. 124292, 265 SCRA 493 [1996]), the Supreme Court held that “what determines the nature of an action, as well as which court or body has jurisdiction over it, are the allegations of the complaint and the character of the relief sought.” In this regard, the body of the complaint usually has two parts: the identity of the parties and the cause of action (a statement of the right of the plaintiff and a statement of the defendant's violation of such right). Note that in Manchester Development Corporation, et al. vs. Court of Appeals, et al. (G.R. 75919, 7 May 1987), the Supreme Court held that “all complaints, petitions, answers and other similar pleadings should specify the amount of damages being prayed for not only in the body of the pleading but also in the prayer, and said damages shall be considered in the assessment of the filing fees in any case. Any pleading that fails to comply with this requirement shall not be accepted nor admitted, or shall otherwise be expunged from the record.”

The addenda in a complaint are the verification (when required by the rules) and the certification of non-forum shopping (mandatory).

(1) Republic of the PhilippinesMETROPOLITAN TRIAL COURTNational Capital Judicial Region

Branch 13, Manila

PEDRO C. LABO, Plaintiff,

- versus - Civil Case: 5432 FOR: Unlawful Detainer

JOSE B. LINAW, Defendant.

x - - - - - - - - - - - - - - - - - - - x

(2) COMPLAINT

(3) Plaintiff, by counsel, states:

(4) The Parties

1. Pedro is a Filipino, single, and resides at 143 Vicente Cruz St., Sampaloc, Manila.

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2. Jose, on the other hand, is a Filipino, married, and resides at 789 Mayhaligue St. Binondo, Manila, where he may be served with summons and other court processes.

Causes of Action

3. The parties executed a lease contract on 28 August 2005 for Jose’s use of a house and lot owned by Pedro located in Binondo. A copy of this contract is attached as Annex A. Part of the agreement is the payment of monthly rent in the amount of PhP15,000.00.

4. While initially Jose paid his obligation, he suddenly breached his undertaking by not paying his rental beginning January 2007. Oral and written demands to pay his obligation fell on deaf ears. To date, his unpaid obligation ballooned to PhP120,000.00. A copy of the last demand letter urging him to pay his arrears and vacate the premises is attached as Annex B, while a copy of his latest unpaid billing is enclosed as Annex C.

5. Because of Jose’s unjustified refusal to heed his just demands, Pedro was constrained to institute this suit, incur litigation expenses to be proved during trial and retain the services of a lawyer for a fee of PhP40,000.00, all of which he deserves to be reimbursed.

(5) Relief

ACCORDINGLY, Pedro asks that judgment be rendered ordering Jose and all other persons acting on his behalf to:

1. Vacate the house and lot subject of this complaint;2. Pay plaintiff the sum of PhP120,000.00 as unpaid rentals with legal interest from the date the complaint is filed; and,3. Pay him litigation expenses and attorney’s fees of PhP40,000.00.

Other reliefs just and equitable are also prayed for.


(6) (SGD.) MARCELO B. FERNANDO Counsel for Plaintiff

Suite 1234 Richmond Tower E. Rodriguez Avenue, Quezon City Roll of Attorney 35677

MCLE Compliance Certificate II; 5-11-08 IBP 14344; 1-19-07; Quezon City PTR 867765; 1-20-07; Quezon City

(7) VERIFICATION/CERTIFICATION - See below

NOTE:

State in a chronological manner the facts constituting the plaintiff's cause or causes of action. If the action is based on an actionable document, the document or its portions must be copied and its copy be made an integral part of the complaint by way of an annex properly marked. In unlawful detainer cases, a prior demand to vacate must be asserted.

In proper cases, do not forget to make an averment regarding the plaintiff's prior referral to the LUPON of the Barangay in compliance to the Local Government Code. The barangay certification must be attached.

In case the action is between members of the family within the meaning of the Family Code, an allegation must be made that earnest efforts to strike a compromise were made but proved futile.

ADDENDUM TO COMPLAINTS AND PETITIONS:

VERIFICATION/CERTIFICATION. Verifications are required only in cases provided for by the Rules of Court and other circulars. (Cf. Section 4, Rule 7, 1997 Rules on Civil Procedure). The revised rules on summary procedure for instance require that all pleadings be verified. (Cf. Section 3 (B) (II), revised rules on summary procedure)

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

See the sample below:

Verification/Certification

I, Pedro Labo, state under oath that I have read the above complaint and the allegations in it are true and correct of my personal knowledge and/or based on authentic record. I also certify under oath (a) that I have not previously filed any action involving the same issues in any court, tribunal or quasi-judicial agency; (b) that, to the best of my knowledge, no such action is pending in any of them; and (c) if I should learn of the filing of such action, I shall report it to the court within five days from notice.

Manila, 7 August 2009. (SGD.) PEDRO C. LABO

Affiant

(JURAT)

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PETITIONS FOR THE RECONSTITUTION OF TITLE – Review Section 12 of RA 26 for this purpose.

Republic of the PhilippinesREGIONAL TRIAL COURT

National Capital Judicial RegionBranch 4, Manila

IN THE MATTER OF THE RECONSTITUTION OF THE ORIGINAL OF TCT 1234-E ISSUED BY THE REGISTER OF DEEDS OFMANILA,

LRC Case 98765FIDEL V. REVENECIA,

Petitioner.x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

PETITION

Petitioner, by counsel, respectfully states:

1. Fidel is a Filipino, of legal age and residing at 1878 Ma. Clara Street, Sampaloc, Manila.2. He owns a parcel of land located in Manila particularly described in TCT 1234-E issued by the Register of Deeds of Manila

as follows:

(Copy of Technical Description)

A copy of the TCT is enclosed as Annex A.

3. This parcel is declared for tax purposes under tax declaration 45678E of the City Assessor of Manila, a copy attached as Annex B.

4. The realty taxes on the property are up to date.5. The original of that TCT was lost with the Register of Deeds of Manila in the fire that gutted the Register of Deeds last 4

January 2006, a certification to that effect is attached as Annex C.6. At the time of loss of this TCT, no transaction is pending registration with the Register of Deeds of Manila.7. Not only is the property described above in his possession, but also the owners' duplicate of the certificate of title. To date,

no other duplicate copy has been issued in favor of another.8. The names and addresses of the owners of the adjoining properties are as follows:

Adjoining Owners Addressa. Ricardo A. Zumel 1876 Ma. Clara St., Sampaloc, Manilab. Bonifacio C. Gallego 1890 Ma. Clara St., Sampaloc, Manila

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

(Attorney’s Box)

(VERIFICATION/CERTIFICATION)

PETITION FOR THE ISSUANCE OF A NEW OWNER'S DUPLICATE OF A SPECIFIC TITLE. Review Section 109 of PD 1529.

(CAPTION)

IN THE MATTER OF THE ISSUANCEOF A NEW OWNER'S DUPLICATEOF TCT 1234-E ISSUED BY THE REGISTER OF DEEDS, MANILA,

LRDC Case 9876

FIDEL V. REVENECIA, Petitioner.

x - - - - - - - - - - - - - - - - - - - - - - x

PETITION

Petitioner, by counsel, respectfully states:

1. (Averments in #1-4 above are equally applicable).

5. He used to keep the owner's duplicate of that certificate in his filing cabinet. 6. While he was looking for it, however, he could not find it despite all efforts exerted. 7. He executed and filed with the Register of Deeds of Manila an affidavit of loss, copy enclosed as Annex C.8. He has not delivered the owner's duplicate to any other person to secure an obligation.

ACCORDINGLY, Fidel asks that after due notice and hearing, an order be issued declaring the lost owner's duplicate null and void and directing the Register of Deeds of Manila to issue him a new owner's duplicate of TCT 1234-E in lieu of the lost one.

(Attorney’s Box)

(VERIFICATION/CERTIFICATION)

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

(Caption)

ANSWER

Defendant Jose C. Linaw (Jose), by counsel, states:

Admission and Denials

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

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

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

Special and Affirmative Defenses

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

3. The foregoing allegations are repleaded by reference.

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

Compulsory Counterclaim

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

5. The foregoing allegations are repleaded by reference.

6. Because of the institution of this baseless and malicious action, Jose’s reputation was besmirched for which he deserves to recover PhP100,000.00 as moral damages. To deter others from filing similar baseless suits, Pedro must be ordered to pay PhP100,000.00 as exemplary damages.

7. And for having been compelled to defend himself against this utterly baseless action, defendants are entitled to a PhP50,000.00 award of attorney’s fees, which he had agreed to compensate his counsel and to reimbursement for expenses of litigation.

Relief

ACCORDINGLY, Jose asks that after hearing, judgment be rendered in this case dismissing Pedro’s complaint for lack of merit and ordering him to pay Jose moral and exemplary damages for a total of P200,000.00 plus attorney’s fees of P50,000.00 and such expenses of litigation as he may prove during the trial.


Manila, 2 September 2009.

(Attorney’s Box)

(Verification)[Per Section 4, Rule 70 of the Rules of Court]

Copy furnished:

MARCELO B. FERNANDO Counsel for Plaintiff

Suite 1234 Richmond TowerE. Rodriguez Ave., Quezon City

III. MOTIONS (Cf. Rules 15 and 16, Rules of Court, as amended) The Body of a motion usually has two parts: the ground for the motion and the argument in support of the motion. Motions can either be litigated or non-litigated.

Sample Motion 1 (Litigated)

(CAPTION)

MOTION TO DISMISS

Defendant Jose B. Linaw, by counsel, moves to dismiss the complaint filed by Pedro C. Labo on the sole ground that the venue of the litigation is improperly laid.

Argument

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The contract between the parties declares that in case litigation becomes inevitable, “all cases shall be brought before the proper court of Pasig City to the exclusion of all others.” By filing the complaint before this court in Manila, a place obviously convenient to Pedro, he violates the clear tenor of his agreement with Jose. Consequently, a prompt dismissal of the case becomes necessary.

Relief

ACCORDINGLY, Jose requests that Pedro’s complaint be dismissed forthwith.


[Explanation: Due to constraints in distance and time, a copy of this motion shall be served by registered mail.]

(Required under Section 11, Rule 13, Rules of Court, as amended. A violation of this requirement “may be cause to consider the paper as not filed.” See: Solar Team Entertainment, Inc. v. Hon. Helen Bautista Ricafort, et al. G.R. 132007, 5 August 1998. Section 11 of Rule 13 gives the court the discretion to consider a pleading or paper as not filed if the other modes of service or filing were not resorted to and no written explanation was made as to why personal service was not done in the first place. The exercise of discretion must, necessarily consider the practicability of personal service, for Section 11 itself begins with the clause “whenever practicable”.

7 March 2007, Quezon City for Manila.

(Attorney’s Box)

(Notice of Hearing) – See Below____________________________________________________________________________

Sample Motion 2 (Non-litigated)

(CAPTION)

MOTION TO RESET

Plaintiff Pedro C. Labo, by counsel, states:

1. The Court ordered the resumption of hearing in this case on 20 August 2007 at 8:30 in the morning.

2. Unfortunately, on that date and time, the undersigned counsel has committed to attend another case entitled: Labo vs. Bawi (Civil Case 23456) before the Regional Trial Court of Manila, Branch 42, the schedule of which was set before this.

ACCORDINGLY, Pedro requests that the hearing set on 20 August 2003 be cancelled and moved to a later date preferably on 8 September 2003 or any date convenient to the Court and the adverse party.

[Explanation: Due to lack of time and manpower, a copy of this motion shall be served by registered mail.]


(Attorney’s box)

(Notice of Hearing)- See below

ADDENDUM TO MOTIONS.

NOTICES OF HEARING.

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

Check the sample notice below.

(ASSUME THAT PARTS 1-6 OF A MOTION TEMPLATE HAVE BEEN DRAFTED)

Notice and Copy furnished:

Atty. PEDRO PENDUKOCounsel for the DefendantSuite 210 Makati Executive CenterHerrera St., Salcedo Village, Makati City

The undersigned shall submit the foregoing motion for the Court’s resolution on 20 August 2002, Friday, at 2:00 o’clock in the afternoon.

(or if a non-litigated motion)

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

(SGD.) KRISPULO Y. MARQUEZ

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IV. COMPLAINT-AFFIDAVITS. These forms are resorted to initiate criminal proceedings. In this regard, recall the issues in the drafting affidavits. Then see the sample below. Note that the usual jurat has been changed because the complainant or the respondent would take an oath or affirmation before a public prosecutor or any officer authorized to conduct preliminary investigation.

Republic of the Philippines OFFICE OF THE CITY PROSECUTOR

Department of JusticeManila

EDGARDO S. SOTTO, Complainant,

- versus - I.S. : 123456 For: Violation of BP 22WIGBERTO B. MACEDA,

Respondent. x - - - - - - - - - - - - - - - - - - - - x

COMPLAINT

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

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

1. Respondent Wigberto Maceda is a Filipino, of legal age, a resident of Block 124 Lot 17 Phase III, Palipanan Site, Dasmariñas, Cavite.

2. Sometime in January 2005, Wigberto purchased several computer parts from me for a total amount of Pesos: Three Hundred Sixty Seven Thousand Nine Hundred (P367,900.00);

3. In payment for the goods, Wigberto drew and delivered to me in my Manila office, a check particularly described as follows: PilipinasBank-Dasmariñas, Cavite Branch, Check 12345 dated 19 March 2005 for P367,900.00.

4. Upon deposit of the check when it fell due, his bank dishonored the check for having been drawn against insufficient fund. A copy of the check, stamped with the proper reason for dishonor, is attached as Annex A.

5. Despite repeated demands, Wigberto failed to replace the check and pay the amount stated in it plus interest of 12% per annum. As a result, I engaged the services of counsel who demanded in writing the payment of his obligation. A copy of this last demand together with my proof of service are attached as Annexes B, C, and C-1; respectively.

6. Constrained to institute this criminal complaint against Wigberto, I suffered actual damages in the amount stated above. I also undertook to pay my counsel for his services the sum of P75,000.00 on top of the litigation expenses I incurred in connection with this case, the amount of which I shall prove during trial.

7. I execute this affidavit to confirm the truth of the foregoing and to support my complaint against Wigberto for violation of Section 1 of Batas Pambansa 22.

City of Manila, 7 June 2007.

(SGD.) EDGARDO S. SOTTO Affiant

SIGNED AND SWORN TO before me this 28 June 2007.

(SGD.) MAGNOLIA C. BUSTAMANTE Assistant City Prosecutor

*Complaint-affidavits or counter-affidavits are usually sworn before a prosecutor. The rules, however, allow oath-taking before a notary public. When they are before a notary public, the rules require a notary to certify that “he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits” (Cf. Sec.3(a) Rule 112, Rules of Court, as amended)

V. INFORMATIONS . In drafting informations, one should recall the material distinctions among the various stages of execution of crimes. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution, which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. Notice that the information does not have a relief portion because it is presumed that the prosecution would be asking for the appropriate penalty provided by law. One need not state the obvious. For informations, the addenda would be: the list of witnesses; the recommended bail; and, the prosecutor’s certification.

Take a look at the sample below.


National Capital Judicial RegionBranch 42, MANILA

PEOPLE OF THE PHILIPPINES, Plaintiff,

13

- versus - Criminal Case: 123456

FEDERICO B. CORCOLON, Accused.

x - - - - - - - - - - - - - - - - - - - - - - - - xINFORMATION

The undersigned prosecutor accuses FEDERICO B. CORCOLON of the crime of robbery, committed as follows:

On or about 14 February 2003 in the City of Manila, the accused did then and there willfully, unlawfully and feloniously with intent of gain and without the owner’s consent took and stole the Persian Mariana gold necklace of Gregorio Morales valued at PhP75,000.00 by forcing open with an ice pick the personal vault where the necklace is located to the damage and prejudice of the owner.

CONTRARY TO LAW.

14 June 2003, Manila(SGD) NARCISO N. PEREZ Assistant Prosecutor

Witnesses: Pamela Banos, 12 Singalong St. Manila Tracy Buyas, 14 Singalong St, Manila

Bail Recommended: P8,000.00

CERTIFICATION

I hereby certify that: the preliminary investigation in this case has been conducted; I have examined the complainant and his witnesses and on the basis of their sworn statements and other evidence submitted before me there is reasonable ground to believe that the offense charged has been committed; the accused was informed of the complaint and was given an opportunity to submit controverting evidence and that the filing of this information was with the authority of the City Prosecutor.

NARCISO N. PEREZ

SUBSCRIBED AND SWORN to before me this 27 July 2003 in the City of Manila. JOSE C. BUSTOSAdministering officer

ADDITIONAL INPUTS

A notary public under the new rules is empowered to perform the following notarial acts: (a) acknowledgments; (b) oaths and affirmations; (c) jurats; (d) signature witnessings; (e) copy certifications; and (f) any other act authorized by these Rules (Cf. Section 1, Rule 4, 2004 RNP).

1. The 2004 RNP has an impact on drafting legal documents. Please note for your consideration the following samples of legal documents that may be required pursuant to these new rules:

A. Sample Petition for Notarial Commission (conformably with the new rules)


Fourth Judicial Region Lucena City

IN RE: PETITION FOR APPOINTMENT AS NOTARY PUBLIC FOR AND IN LUCENA CITY

JUAN C. DELA ROSA, Petitioner.

x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x Adm. Matter 2005-123

PETITION

Petitioner JUAN C. DELA ROSA, respectfully states:

1. He is a Filipino citizen, twenty eight (28) years of age, having been born on 21 May 1977 and has been residing in the Philippines since birth particularly at 343 Teresa Street, Vista Monte Subdivision, Lucban, Quezon where he also holds office, well within the court’s jurisdiction. His contact numbers here are (042)5404977.

2. He obtained a degree in law from the San Sebastian College in Manila and had been certified by the Supreme Court in May 2005 as a member of the Philippine Bar under Roll of Attorney 50762 after he passed the Bar examination administered in September 2004. A copy of his certificate of admission to the Philippine Bar is attached as Annex A.

3. He is of good moral character and has not been criminally charged with, much more, convicted of any crime involving moral turpitude. He has no pending administrative case before the Supreme Court’s Office of the Bar Confidant. A copy of his certificate of good standing issued by the Bar Confidant is attached as Annex B. In addition, two (2) members of the Integrated Bar of the Philippines (IBP) chapter in Lucena City have vouched for his good moral character as confirmed by the certifications enclosed as Annexes C and D.

5. Since becoming a lawyer and IBP member, he comported himself as a worthy member of the profession. His annual dues were kept updated as shown by a copy of the IBP receipt enclosed as Annex E, indicating his prompt payment of his dues for the current year. He also paid the required professional tax for the privilege of practicing his profession as shown by the appropriate receipt attached as Annex F. He is, therefore, a member in good standing, a fact which the IBP confirmed by the enclosed certificate it issued in his favor marked as Annex G.

6. He is a taxpayer duly registered with the Bureau of Internal Revenue under Tax Identification 115-890-345678.

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7. He desires to serve as notary public ever convinced that he possesses all the qualifications and none of the disqualifications imposed by the rules for the office. He also had never been commissioned as notary public in any other jurisdiction or in any place in the Philippines.

8. As further proof of his genuine interest to become a notary public, he has paid the required filing fee as shown by the attached receipt marked as Annex H. Additionally, he attached in a separate paper marked as Annex I for the court’s ready reference three (3) of his passport-size color photographs bearing his signature at each of the bottom parts.

9. Finally, he has attached as Annex J a copy of the receipt issued by the manufacturer from whom he purchased the seal he will use once commissioned as notary public. (Cf. A.M. 02-8-13-SC, 14 December 2004)

ACCORDINGLY, petitioner respectfully asks that:

(a) Upon filing this petition, a summary hearing be set consistent with the provisions of Section 4 of the 2004 Rules on Notarial Practice; and,

(b) After due proceeding, issue in his favor the appropriate notarial commission to be effective within the Court’s territorial jurisdiction.

Other reliefs just and equitable are likewise prayed for.

Lucban for Lucena City, 28 August 2005.

(SGD.) JUAN C. DELA ROSA Petitioner

Roll of Attorney 5067213 Teresa Street Mira Monte Subdivision

Lucban, QuezonPTR 4024157; 01-13-2005; Lucena City IBP 560109; 01-13-2005; Lucena City

VERIFICATION

JUAN C. DELA ROSA, under oath state that, I have read and know the contents of the foregoing petition that I personally drafted and the facts stated in it are true and correct to my personal knowledge and/or based on official documents available to me.

28 August 2005, Lucena City, Quezon.

(SGD.) JUAN C. DELA ROSA

Driver’s License NOH-2345678Issued at Lucena City

Expires on 23 May 2007

SIGNED AND SWORN to before me this 28 August 2005 in Lucena City, Quezon after I identified him with his competent evidence of identity stated above.

(SGD) Juan C. MendozaNotary Public of Lucena City

Suite 212 Nolasco Bldg., Pilar, Lucena CityCommission Serial 54342

Roll of Attorney 38719PTR 4122327; 01-04-2005; Lucena City

IBP 54109; 01-09-2005; Lucena City


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

Presented before me by Architect Noel Lastimoso is his punchlist inspection report to Spouses Fidel and Myra de Guzman, owners of the a house and lot in 801 Matahimik Street, U.P. Village, Quezon City, pertaining to a renovation project in the same address. After personally supervising the copying of this document, I certify that this copy, where this certificate is attached, is an accurate and complete copy of the original.

Signed and Sealed on 11 September 2007 in Quezon City.

(SGD) Macario C. MendozaNotary Public of Quezon City

Suite 212 Nolasco Bldg., Commonwealth Quezon City

Commission Serial 54342Roll of Attorney 38719

PTR 4122327; 01-04-2005; Quezon CityIBP 54109; 01-09-2005; Quezon City

*I agree with Justice Regalado E. Maambong who in his book wrote that the notary’s signature is already adequate without need of assigning a document, page, or book number in the notarial register because he obviously cannot swear before himself when acting as such.

C. Sample Signature Witnessing . Another new notarial act under Section 14, Rule 2 of the 2004 RNP is signature witnessing. It refers to a

15

notarial act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and (c) signs the instrument or document in the presence of the notary public. Check out the sample below.

Before me personally appeared Juan C. dela Cruz and presented to me his passport JJ 8972 issued by the Foreign Affairs Department in Manila that is valid up to 11 September 2007, known to me to be the same person who signed in my presence the assignment of loan proceeds from PAG-IBIG in favor of Ms. Clarita D. Maligaya.

Signed and Sealed this 1 September 2007 in Quezon City.

(SGD) Macario C. MendozaNotary Public of Quezon City

Suite 212 Nolasco Bldg., Commonwealth Quezon City


PTR 4122327; 01-04-2005; Quezon CityIBP 54109; 01-09-2005; Quezon City

D. Jurat or Acknowledgment without the affiant’s presentation of a competent evidence of identity. Under the new RNP, the presentation of a competent evidence of identity may be dispensed with if a party taking an oath or acknowledgment is personally known to the notary.

SIGNED AND SWORN to before me this 28 August 2007 in Lucena City, Quezon by the affiant whom I personally know.


OR

BEFORE ME, appeared Tomas S. Balatan known personally to me. I know him to be the same person who executed the foregoing deed of assignment. He acknowledged to me that he signed it voluntarily for the purposes stated in the document.

City of Manila, 15 August 2004.


E. Special Competent Evidence of Identity. Because the rules on competent evidence of identity is new, the bar examiner might ask you to draft a notarial act requiring a competent evidence of identity based on paragraph (b) of section 12 of the 2004 RNP. This rule reads: (a) “the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or (b) of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.”

For the first situation, the requirements are: (a) the notary public personally knows the witness; (b) the witness personally knows the principal party; (c) the witness is not privy to the instrument, document or transaction; and (d) oath or affirmation of the witness. In this regard, consider the sample acknowledgment below:

(a)

BEFORE ME, personally appeared Jose B. Ricalde whose identity is proven to me by Tomas S. Balatan, personally known to the undersigned notary, and the latter acknowledged to me that the signature he affixed in the foregoing deed of assignment is his voluntary act for the purposes stated in it.

Tomas S. Balatan affirms under penalty of law that he personally knows Jose I. Ricalde, who is without an identification document, to be same person who executed the foregoing deed and that he is not privy to or interested in the document he signed.


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

(SGD) Macario C. MendozaNotary Public of Manila

Suite 212 Nolasco Bldg., Laong Laan Street, Sampaloc, ManilaCommission Serial 54342

Roll of Attorney 38719PTR 4122327; 01-04-2007; Quezon City

IBP 54109; 01-09-2007; Quezon City

For the second situation, the requirements are: (a) the witnesses each personally knows the principal; (b) the witnesses show to the notary their respective evidence of identity; (c) both witnesses are not privy to the instrument, document or transaction; and (d) oath or affirmation of the witnesses. In this regard, consider the sample acknowledgment below:

(b)

BEFORE ME, personally appeared Jose B. Ricalde who has proven to me his identity through witnesses:

Name Competent Evidence of Identification

Date/ Place Issued

1. Tomas S. Balatan, Passport CC123330 1-05-2005 / Baguio City

2. Juan N. Buelta, Passport JJ200345 1-17-2005 / Manila

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both of whom personally know Jose and the latter acknowledged to me that the signature he affixed in the foregoing deed is his voluntary act for the purposes stated in the document.

We Tomas Balatan and Juan Buelta, Filipinos, of legal ages, affirm under penalty of law that the following are true:

1. Jose B. Ricalde, personally known to us, is the same person named in the foregoing deed of assignment.2. Jose does not have any current identification document nor can he obtain one within a reasonable time.3. We are not privy to or are interested in the document he signed.


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

(SGD) Macario C. MendozaNotary Public of Manila

Suite 212 Solano BuildingBinondo, Manila


PTR 4122327; 01-04-2007; ManilaIBP 54109; 01-09-2007; Manila

FINAL CONSIDERATIONS

Completing the required pleading or contract will not be enough. To ENSURE an excellent work, try to edit your work. Here are some helpful editing tips:

1. Aside from avoiding needless words to save on time, use the active voice instead of the passive voice. Active voice is direct, vigorous, and strong. Sense the difference.

Abel was killed by Cain. (Passive) Cain killed Abel. (Active)

2. Use the right connectives. You need the help of connectives or transitory devices to link your ideas one after the other and present a unified thought. You cannot assume that the examiner can read unspoken tie-ups between ideas. Consider the following useful connectives:

Connective FunctionAnd Connects two ideas of the same kind Besides, what is more, furthermore, in addition, and again

Adds another thought to the first

First, next, then, finally; meanwhile Arranges ideas in orderNearby, above, below Arranges ideas in spaceBut, still, however, on the other hand, nevertheless, rather

Connects two contrasting ideas

In fact, as a matter of fact, Connects the first idea with the second one that points it up; the second one affirms of validates the first idea

Therefore, consequently, accordingly Connects an idea with another that follows from it.In short, to sum up, in brief Summarize several ideas

3. Avoid legalese and old English. Legal clichés have become trite and weak. To some, they may sound pretentious, unnatural or artificial, if not arrogant. Phrases and words like to wit, instant case, aforesaid complaint, herein method, thereat and theretofore must be discarded in favor of simpler words.

4. Be simple. Some have the mistaken belief that they will sound more dignified and lawyerly if they use polysyllabic words like “accompanied” or “informed” instead of “went with” or “told”, respectively. Your written work will have the same tone of formality and dignity as long as it is serious and thoughtful. As a rule, a simple familiar word that means exactly the same thing is the better choice.

5. Observe grammar rules. In presenting your answers, ensure that: the subject agrees with the verb; you used the proper verb tenses and forms; there is proper coordination and subordination; and, proper punctuations were used.

oOo

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