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AFFIDAVIT OF LOSS I, ___________, Filipino, of legal age, single/married and a resident of __________________________, Philippines, after having duly sworn to in accordance with law, hereby depose and say that: 1. I am a holder of a student Identification Card issued by _____________________________ ; 2. I lost said Identification Card on ____________________ and that I exerted all efforts to locate the same but I could not remember exactly where I placed/left it and it is considered lost for all legal purposes; 3. Said Identification Card was not confiscated by any officer of the law or the officers of (name of school) by reason of any violation of any law, ordinance, presidential decree or rules and regulation of said university; and neither was it offered as collateral for any loan; 4. I am executing this affidavit to attest to the foregoing facts; IN WITNESS WHEREOF, I have hereunto set my hand this ______________ in the City of _____________, Philippines. ________________ Affiant SUBSCRIBED AND SWORN to before me this _______________ in the City of __________, Philippines, affiant having exhibited to me his/her community tax certificate with no. __________________ issued on _________________ at ______________ .

Doc. No. ________; Page No. ________; Book No.________; Series of 2006.

All about Conveyance [ TNN ]

Though the Conveyance Deed is one of the most important documents for flat owners, many societies do not have it. Here are some things you must know What is a conveyance deed? A conveyance deed is a document that conveys the title of ownership of a property from the original owner to the ultimate purchaser. All the flat owners must obtain conveyance deed for their structures, to become true owners of the entire structure and land attached to it. What is the objective behind obtaining a conveyance deed? As specified earlier, a conveyance deed transfers the ownership rights from the developer or the landowner to the flat owners. The first and foremost objective is to become the legal owners of the entire property. Obtaining free and marketable title of the property is the most important objective. When a particular person or society has paid full consideration and is in possession of the property but the title documents are in the name of the original owner (developer or landowner), the purchaser does not have a free and marketable title of the said property. It is only after obtaining the conveyance that the buyers derive free and marketable title over the property. What are the advantages of conveyance? Here are some advantages of obtaining the conveyance deed from the developer: Getting the proper title Retaining additional FSI, if any Property will be free and marketable Loan can be raised by mortgage Permission for reconstruction possible Construct additional floor/s by TDR Receive compensation on development How can the flat owners obtain a conveyance deed of their building? According to section 10 of Maharashtra Ownership Flat Act (MOFA), 1963, it is the duty of the promoter to submit an application to the Registrar for registration of a Co-operative Housing Society. This should be done within four months from the date on which minimum number (60 per cent of flats) of persons required to form such an organisation have taken flats. Once the society is registered , it is the duty of the promoter, as specified in section 11, to convey the right title and interest in favour of the society within four months. What if the developer does not fulfil his duties as specified in the MOFA? According to section 13 of MOFA, if any promoter without reasonable excuse fails to comply with or contravenes mandatory requirements of section 10 and 11 then, he can be punished with imprisonment for a term, which may extend up to three years or with fine or both. The flat owners can file civil or criminal cases against the promoter for contriving the provisions of the Act. What is the society expected to do once it obtains the conveyance deed? After the conveyance deed is executed in favour of the society, the office bearers must apply to the Talathi / Revenue Officer or the city survey office for making necessary changes in the revenue records. There are prescribed forms to be filled to make the necessary changes.

Even the landowner will have to give his/ her consent for making the changes. After the said changes are done in the revenue records, the property card, or the 7/12 extract, form 6 extracts will be issued in the name of the society. Once this is done, the society becomes the complete owner of the property mentioned therein.

Article 749

Importance of formalities for donations of real property

Art. 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. (633) A stockholder may wish to raise money for personal or business use. For this purpose, he may obtain a loan from a lender. To secure payment of the loan, the lender may require the borrower to pledge personal properties (such as shares of stock) owned by the borrower. A pledge is an agreement by which the borrower delivers to the lender (or a third person agreed upon by the parties) personal properties for the purpose of securing the fulfillment of an obligation (such as repayment of a loan), with the understanding that when the obligation is fulfilled (or in case of a loan, when the borrower pays the loan), the thing delivered is returned by the lender to the borrower. The person who gives the pledge is called a pledgor, while the person in whose favor the pledge is given is called the pledgee. The basic steps in creating a pledge over shares of stock are: 1. Negotiation, execution and notarization of the pledge agreement (often called a deed of pledge); 2. Delivery of the thing pledged to the pledgee (or an authorized third person);

3. Payment of the documentary stamp (DST) tax on the pledge and the filing of the appropriate return with the Bureau of Internal Revenue (BIR). Lets discuss each of those steps: 1. Pledge agreement

The basic pledge agreement will contain the following: (a) the name and other personal details (e.g., civil status, citizenship, address, etc.) of the pledgor and the pledgee;

(b) a description of the shares of stock being pledged (including the number of shares pledged, the par value of shares, the class of shares (if applicable) and the relevant stock certificate numbers); (c) a provision that the pledgor creates a pledge over the shares of stock;

(d) representations and warranties of the pledgor (e.g., that the pledgor is the legal and beneficial owner of the shares, that the shares of stock are free from liens and encumbrances, etc.); and (e) the date of the pledge.

Some notes: (a) To create a pledge, the pledgor must be the absolute owner of the thing pledged (Civil Code, art. 2085). In other words, a person does not have the power to create a pledge over property he does not own. Of course, this does not preclude the pledgor from pledging his personal property through a duly authorized agent. It is not necessary that the pledgor is also the borrower. A third party may pledge shares of stock owned by him to secure the loan obligation of the borrower (Civil Code, sec. 2085). (b) The pledgor must have free disposal of the property pledged, and in the absence thereof, that he is legally authorized to do so (Civil Code, art. 2085). In this regard, a corporation has the power to pledge shares owned by it (Corporation Code, sec. 36[7]; see Corporation Code, sec. 40). (c) Under the Civil Code, a pledge shall not take effect against third persons if a description of the thing pledged and the date of the pledge do not appear in a public instrument. (Civil Code, art. 2096). In general, contracts are binding only upon the parties to the contract (and their successors-in-interest). However, certain contracts (such as a pledge agreement) can be binding upon third parties. For example, a person who buys pledged shares must recognize the pledge over the shares. In order that a pledge may be binding upon third persons, the Civil Code requires that the pledge agreement must appear in a public instrument (e.g., notarized) and must contain a description of the thing pledged and the date of the pledge. Subsection 3. - Forms of Wills Art. 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will, or file another with the Office of the Clerk of Court. (n) Reformation of Instruments

When there have been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument purporting to embody the agreement, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to the end that such intention may be expressed.

If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of the parties, the proper remedy is not reformation of the instrument, but annulment of the contract. (Art. 1359, Civil Code) A contract is a meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something, or to render some service. (Article 1305, Civil Code) B. Freedom to contract principle

The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (Art. 1306, Civil Code) As a general rule, conracts are valid and enforceable in whatever form they may appear provided that consent, object and cause are present. Thus, contracts may be made orally or in writing. However, the law may require certain contracts to appear in some form, which form may be: a) For validity: If the form is required for validity, that form is indespensable and if it is not followed it is void. For example donations of real property should be made and accepted in a public document (Art. 748) and those of personal property in excess of P5,000 should be made and accepted in writing (Art 748) to be enforceable (Art 1403) b) For enforceability: Observance of this form is reuird only in order to be able to enforce the contract. Thus, contracts covered by the Statute of Frauds are required to be in writing to be enforceable. c) For convenience. Observance of this form is for the mere convenience of the parties. Hence, een if that form is not observed, the contract is nevertheless valid and enforceable between the parties. Examples: a) Mr. Castro donated a parcel of land to Mrs. Ignacio in a private document. The latter accepted the donation in a private document. The donation is void. To be valid, a donation of real property should be made and accepted in a public document. b) Mrs. Faelnar orally sold to Mrs. Sanchez a parcel of land worth P1million pesos. The parties agreed that the delivery of the land and payment of the price shall be made on January 21, 2008. The sale is valid but cannot be enforced. c) Mr. Tan is indebted to Mr. Lim in the amount of P500,000.00 As a security of his debt, Mr. Tan orally mortgaged his land to Mr. Lim. Although the mortgage is not in a

public document, the same is valid and enforceable between the parties. Hence if the debt is not paid on maturity, Mr. Lim is given the right of foreclosing the mortgage on the land. Philippine Legal Forms Deed of Absolute Sale (Real Estate Property) Contract to Sell (Real Estate Property) Chattel Mortgage (Motor Vehicle) Contract of Lease / Rent Rent-to-Own Contract (Real Estate Property) Deed of Sale (Motor Vehicle) General Form of Affidavit Affidavit of Loss (Vehicle Registration / License) Earnest Money Receipt Agreement Affidavit of Desistance Acknowledgement Receipt for Payments Acknowledgement of Debt General Power of Attorney Special Power of Attorney Deed of Assignment & Transfer of Rights (Real Estate) Deed of Donation Contract of Renovation/Construction of a House or Building Authority to Sell / Lease (Real Estate Property) Offer to Purchase (Real Estate Property) Last Will and Testament

January 1, 20__ ACKNOWLEDGEMENT RECEIPT Received from Atty. Juan Santos the amount of One Hundred Thirty Five Thousand Pesos (P135,000.00) BPI Roxas Boulevard Manila Branch check # 12345-67890 representing the payment of: Two (2) months deposit and one (1) month advance

for the lease of condominium unit # 540 Philippine Executive Towers, Ayala Avenue, Makati City.

Received by:

Victor Gonzalez