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LEGAL FORMS Note: If not acknowledged, such documents will not be

accepted by the Register of Deeds for registration.


Form is important when the law requires a document or (Suarez, 2007)
other special form, such as those mentioned in Article
1358 of the New Civil Code, donation of an immovable Note: The person who executed the instrument is the
property under Art. 749, NCC, pledge under Art. 2096, one who executes an acknowledgment.
NCC. (Suarez, 2007)
Q: When is an acknowledgment made?
Q: What does the study of Legal Forms include? A: An acknowledgment is made in documents where
A: It includes the following: there is transfer or conveyance of title to property,
1. Business Forms – Forms used in conveyance, transmission of rights or manifestation of agreement of
or of the forms of deeds, instruments or parties (fulfillment of a prestation to give, to do or not
documents creating, transferring, modifying or to do).
limiting rights to real as well as personal
properties, and other forms related to business Note: It should be used only in contracts, never in
contracts or transactions. (Legal Forms, Suarez affidavits or sworn statements. (Albano, Albano, Jr. and
2007) Albano, 2004)
2.
3. Judicial Forms – Forms which pertain to Q: What is the meaning of Scilicet or “S.S.”?
different kinds of pleadings, applications, A: “S.S.” literally means more particularly (Suarez,
petitions, affidavits, motions and the like. (Ibid) 2007), to wit, or namely (Guevara, 2010). It is used to
particularize a general statement. (Ibid)
Q: What is a document?
A: It is a writing or instrument by which a fact may be In notarized documents, it indicates that the legal
proven or affirmed. A document may either be private document was executed in the designated place within
or public. that particular jurisdiction for such an act.

1. Private Document – a deed or instrument Note: The omission of “S.S.” in a legal document is
executed by a private person, without the not material so as to invalidate it. (McCord, et al. v.
intervention of a notary public or of other Glenn, 6 Utah 139, 21 Pac. 500; Guevara, 2010)
person legally authorized, by which a
document, some disposition or agreement is Q: What are the contents of an
proved, evidenced or set forth. acknowledgment?
A:
2. Public Document [1] Title of the notarial act
a. An instrument authenticated by a notary [2] Place of execution
public or a competent public official, with [3] Date
the formalities required by law [4] Name of person acknowledging the
b. An instrument executed in due form before document (as well as name/s of the entity/ies
a notary certified by him being represented, if
c. That which is made by a notary public in such is the case)
the presence of the parties who executed [5] Competent evidence of identity presented
it, with the assistance of two witnesses. [6] Date and place of issue of the competent
(Suarez, 2007) evidence of identity presented
[7] Acknowledgment made to the notary public
A. COMMON FORMS that it is the person’s voluntary act and deed
[8] Type of document executed and number of
pages
1. ACKNOWLEDGMENT [9] Notarial certificate
[10] Identity of notary public
Note: Acknowledgment is a statutory act such that [11] Details of the notarial register
only those instruments that are required by law to be [12] If executed in a representative capacity, a
acknowledged shall be acknowledged; it is also a statement to that effect
personal act such that it cannot be acknowledged by a
person other than the one who executed it. (Suarez, Form 1: General Form of Acknowledgment
2007)
[1] ACKNOWLEDGMENT
Q: What are examples of instruments that must
be acknowledged? [2] REPUBLIC OF THE PHILIPPINES)
A: PROVINCE OF _______________)
a. Deeds CITY/MUNICIPALITY OF _______) S.S.
b. Conveyances
d. Mortgages [3] BEFORE ME, a NOTARY PUBLIC for and in
a. Leases the above jurisdiction, this ___ day of _____, 2012,
e. Releases and discharges affecting lands personally appeared the following persons
whether registered under Act 496 or
unregistered
[4] NAME [5] IDENTIFICATION A: The notary public. He certifies that the same was
[6] DATE AND PLACE OF ISSUANCE sworn before him.
____________________ ___________________
_______________________ Q: When should jurats be executed?
____________________ ___________________ A: It is used in any notarized document that is
_______________________ declaratory in nature, such as:
a. Affidavits
b. Certifications
[7] Known to me to be the same persons who c. Whenever the person executing the
executed the foregoing instrument and they document makes a statement of facts or attests to the
acknowledged to me that the same is their own free truthfulness of an event, under oath.
and voluntary act and deed [12] and of the
corporations herein represented. Note: A jurat should be used only in affidavits, sworn
statements, certifications, verifications and the like.
[8] This instrument refers to a (title of Never use it in contracts. (Albano, Albano, Jr. and
document) and consists of ___ pages including the Albano, 2004)
page on which this acknowledgment is written and
signed by the parties and their instrumental witnesses Form 2: Jurat
on each and every page thereof.
REPUBLIC OF THE PHILIPPINES)
[9] WITNESS MY HAND AND SEAL on the date PROVINCE OF _______________)
and at the place above written. CITY/MUNICIPALITY OF ______) S.S.

[1] SUBSCRIBED AND SWORN to before me, in the


[10] JUAN DELA CRUZ Municipality/City of_____, this ____ day of ____, 2012,
the affiant exhibiting to me his (any competent
NOTARY PUBLIC- Makati City evidence of identity) issued by (issuing agency) on
(date of issue) at (place of issue).
Appointment No. ____

Until December 31, 2012 [2] JUAN DELA CRUZ

Roll no. ____ NOTARY PUBLIC- Makati City

PTR no. ____, date of issue, place of Appointment No. ____


issue
Until December 31, 2012
IBP no. _____, date of issue, place of
issue Roll no. ____

Office Address: PTR no. ____, date of issue, place of


issue
Email:
IBP no. _____, date of issue, place of
Contact Number: issue

[11] Doc. No._____; Office Address:


Page No. ____;
Book No.____; Email:
Series of 2012
Contact Number:
[3] Doc. No._____;
2. JURAT Page No. ____;
Book NO.____;
Q: What is a Jurat? Series of 2012
A: It is that part of an affidavit in which the officer
certifies that the instrument was sworn to before him.
It is not part of the affidavit. (Suarez, 2007) Q: What are the contents of a Jurat?
A: Three (3) sections of Jurat:
Note: Jurat is important as it gives the document a
legal character.(Ibid) [1] The Notary’s declaration regarding when and
where the person took an oath or affirmation as to the
Q: Who executes a Jurat?
document or instrument and his competent evidence A: It is a certification under oath in the complaint or
of identity, bearing his picture and signature was other initiatory pleading asserting a claim for relief, or
presented. in a sworn certification annexed to such pleading and
simultaneously filed therewith, where the party:
[2] The identity of the notary public with the following:
a. Complete Name of the Notary Public a. Certifies that he has not theretofore
b. Place of Commission commenced any action or filed any claim
c. Appointment Number involving the same issues in any court, tribunal
d. Expiration Date of the Notarial Commission or quasi-judicial agency and, to the best of his
e. Roll Number knowledge, no such other action or claim is
f. PTR Number pending.
g. IBP Number Office Address b. If there is such other pending action or claim,
gives a complete statement of the present
[3] The details of the Notarial Register: status thereof
a. Document Number c. Undertakes that if he should thereafter learn
b. Page Number that the same or similar action or claim has
c. Book Number been filed or is pending, he shall report that
d. Series Number (year) fact within five (5) days therefrom to the court
wherein his aforesaid complaint or initiatory
3. PLEADING pleading has been filed.
Q: What are pleadings?
A: Pleadings are the written statements of the Q: What is the consequence on failure to execute
respective claims and defenses submitted to the court such certification when necessary?
for appropriate judgment. (Sec. 1, Rule 6, RRC) A: Failure to comply shall be cause for dismissal of the
case without prejudice, unless otherwise provided,
Q: What is the purpose of a pleading? upon motion and hearing. The foregoing requirements
A: Its purpose is to define the issues and form the shall not be curable by mere amendment of the
foundation of the proof to be submitted at the trial. It complaint or other initiatory pleading. (Suarez, 2007)
narrows the case down to a specific issue or issues
which will be submitted to the court for trial and Note: Submission of a false certification or non-
judgment. (Suarez, 2007) compliance with any of the undertakings shall
constitute indirect contempt of court, without prejudice
to the corresponding administrative and criminal
Q: What are the parts of a pleading? actions.
A: Cap-Ti-BRA PLUS
[1] Caption Q: Who executes the certification against forum
[2] Title shopping?
[3] Body A: The plaintiff or principal party
[4] Relief
[5] Attorney Q: When should the certification be executed?
[6] PLUS A: It is executed simultaneously with a complaint or
a. Verification, if required any other initiatory pleading.
b. Certificate of non-forum shopping, when
appropriate 7. VERIFICATION
c. Notice of hearing, when required
d. Proof of service What is verification?
e. Explanation A: It is a statement, under oath that the pleading is
true. It includes both the actual swearing to the truth of
the statements by the subscriber and also the
4. PRAYER certification thereto by the notary or other officer
Q: What is a Prayer? authorized by law to administer oaths. (Pamaran,
A: This is a part of the pleading which states the relief 2004)
or reliefs prayed for by the parties.
Q: When is verification necessary?
Note: It is not a part of the cause of action. A: Verification is necessary only when the law or rule
specifically requires it. Example, under the Rules of
Note: The relief or reliefs prayed for may be proper or Court, verification is necessary in the following
not, but as long as the plaintiff deserves a relief, the pleadings:
court will grant him the relief to which he is entitled 1. Complaint and other initiatory
under the facts as proven. (Guidotte v Yeung, CA-CR pleadings
No. 6268, July 10, 1951) 2. Answer, if there are actionable
documents
6. CERTIFICATION OF NON-FORUM 3. Petition for review under Rule 42, RRC
4. Appeal from CTA and quasi-judicial
SHOPPING agencies to the CA (Rule 43, RRC)
5. Appeal by certiorari under Rule 45, RRC
Q: What is a certificate of non-forum shopping? 6. Certiorari, prohibition and mandamus
(Rule 65, RRC)
Q: What are the contents of verification? Contract is a juridical convention manifested in legal
A: It contains a statement that an affiant has read the form, by virtue of which one or more persons or parties
pleading, that he has caused the preparation of said bind themselves in favor of another or others, or
pleading and that the allegations therein are true and reciprocally, to the fulfillment of a prestation to give, to
correct based on authentic records and of his personal do or not to do.
knowledge.
Q: What are the parts of a contract of lease of
Form 8: Verification personal property?
A: TAP-WAC-SA
Republic of the Philippines) [1] Title
[2] Announcement
City of _______________ ) S.S.
[3] Parties
[4] Conditions or terms
(Person verifying) after having been duly sworn [5] Signatures
deposes and says that he is the (designation) in the [6] Acknowledgement
above-entitled (name of pleading); that he has caused
its preparation; that he has read it and the allegations
therein are true and correct based on his personal
Q: What are the parts of a contract of lease of
knowledge and based on authentic records.
real property?
A: TAP-WAC-SA
Party verifying [1] Title
[2] Announcement
JURAT [3] Parties
[4] Whereases
[5] Agreement proper
Form 9: Verification and Certification of Non- [6] Conditions or terms
forum Shopping [7] Signatures
[8] Acknowledgement
Republic of the Philippines)
City of ________________) S.S. Note: State citizenship, if the transaction involves
titled property. (Albano, Albano, Jr. and Albano, 2004)
(Person verifying) after having been duly sworn
deposes and says: Note: State marital status, if the transaction involves
titles real property. If a party is married, state full name
1. That he is the (designation) in the above- entitled and his/ her citizenship. (Ibid)
(name of pleading); that he has caused its preparation;
that he has read it and the allegations therein are true Note: In the “whereas” clauses, the representations of
of his own personal knowledge and based on authentic the parties as well as their respective intentions or
records; motives, are usually stated. (Ibid)

2. That he certifies that he has not heretofore


commenced any action or filed any claim involving the 2. DEED
same issues before any other court, tribunal or quasi- Q: What is a deed?
judicial agency, that to the best of his knowledge, there A: A deed is a written instrument under seal containing
is no other pending action or claim, and that if he a contract or agreement which has been delivered by
should thereafter learn that the same or similar action the parties to be bound and accepted by the obligee or
or claim has been filed or is pending, he shall report covenantee. (Suarez, 2007)
such fact within five (5) days therefrom to this
Honorable Court. Note: In a deed, a person disposes of his property or
right in favor of another.
Party executing
Q: What is the difference between a deed and a
will?
JURAT A: A deed, once executed and delivered is irrevocable
B. BUSINESS FORMS in the absence of reservation of the right to revoke. On
the other hand, a will operates only upon and by
Note: Conveyance is a deed whereby the ownership reason of the death of the maker. During his lifetime, it
of a real property is transferred from one person to is ambulatory and revocable.
another. (Suarez, 2007)
Q: What are the typical parts of a deed?
A: TAP-CAP-SA
1. CONTRACTS [1] Title
[2] Announcement
A contract is a meeting of minds between two persons
[3] Party one
whereby one binds himself, with respect to the other,
[4] Consideration
to give something or to render some service. (Art.
[5] Act or Conveyance
1305, NCC)
[6] Party two [5] Jurat
[7] Signatures
[8] Acknowledgment

Note: You can use this pattern for all kinds of deeds. JUDICIAL FORMS
You need only vary the “act or conveyance” portion to
convert it into a deed of assignment, a deed of Note: All judicial forms have one mold or pattern. The
easement of right of way, a deed of real estate parts of a typical judicial form are:
mortgage, a deed of chattel mortgage, and others. [1] Caption
[2] Title
3. POWER OF ATTORNEY [3] Introduction
[4] Body
[5] Relief
Q: How is a General Power of Attorney different
[6] Attorney
from Special Power of Attorney?
[7] Plus or addendums
A: A special power of attorney is a very limited power
of attorney as it allows the Attorney-in-Fact to do only
those things specified by the principal. The authority
granted is usually very limited and clearly defined in
the power of attorney form. A general power of
attorney allows the Attorney-in-Fact to do anything the 1. AFFIDAVITS
principal would legally be able to do in his name. Q: What is an Affidavit?
A: It is an ex parte statement in writng made under
Q: What are the parts of a general power of oath before a notary public or other officer authorized
attorney? to administer oaths, about facts which the affiant
A: VeT-PAP-GA either knows of his personal knowledge or is aware of
[1] Venue and Title to the best of his knowledge. (Khan, Jr., 2007)
[2] Personal Circumstance
[3] Appointment operative words Q: Is oath similar from an affidavit?
[4] Power A: No. An affidavit consists of statement of fact which
[5] Granting authority operatives is sworn as to the truth, while an oath is a pledge.
[6] Acknowledgment (Suarez, 2007)

Q: Who is an affiant?
A: It refers to a person who signs an affidavit and
Q: What are the parts of a special power of
swears to its truth before a Notary Public or some
attorney?
person authorized to take oath
A: VeT-PAP-GA
[1] Venue and Title
Q: What are the parts of a typical sworn
[2] Personal Circumstance
statement or affidavit?
[3] Appointment operative words
A:
[4] Power
[1] Venue
[5] Granting authority operatives
[2] Title
[6] Acknowledgment
[3] Person
[4] Oath
[5] Statement
[6] Signature
[7] Jurat
Q: What does a secretary’s certificate contain?
A:
[1] Personal circumstances of the secretary
[2] Date of the Meeting and Resolution of the Board
[3] Resolutions still in force
Q: What is an Affidavit of Merit?
[4] Jurat
A: It is an affidavit which states that the defendant has
a meritorious defense of a substantial and not merely
Note: Being regular on its face, a Secretary's
technical nature and stating the facts constituting the
Certificate is sufficient for a third party to rely on. It
same.
does not have to investigate the truth of the facts
contained in such certification; otherwise business
Note: In executing an affidavit, the affiant’s primary
transaction of corporations would become tortuously
qualification is that he has knowledge of the facts
slow and unnecessarily hampered.
which he states, and the truth of which he affirms.
(Suarez, 2007)
Q: What does a treasurer’s affidavit contain?
[1] Name of treasurer
Q: What is an Affidavit of Good Faith?
[2] Election as treasurer
A: A certificate included in the chattel mortgage
[3] Certification as to amount of subscription received
contract executed by both the mortgagor and
(25%-25% rule)
mortgagee that the mortgage is constituted to secure
[4] Authority to examine account
the specified obligation, and that the said obligation is of a pleading or service of its copy on adverse party is
a valid, just and subsisting obligation and not one done by registered mail, another plus is the need to
entered into for the purpose of fraud. (Sec. 5, Chattel give an explanation why personal filing or service could
Mortgage Law) not be done.

Q: What are the parts of a motion:


2. MOTIONS [1] Caption
[2] Title of the case
[3] Body of the motion
Q: What is a motion?
A: A motion is an application for relief other than by a
Note: The body of a motion usually has two parts:
pleading. (Sec. 1, Rule 15)
a. The ground for the motion
b. The argument in support of the motion
Note: A motion shall state the relief sought to be
obtained and the grounds upon which it is based, and if
[4] Prayer
required by the Rules or necessary to prove facts
[5] Place, date and signature
alleged therein, shall be accompanied by supporting
[6] Notice of Hearing
affidavits and other papers. (Sec. 3, Rule 15, RRC)
[7] Proof of Service
Note: The plus for a motion is the notice of hearing
(mandatory if the motion is a litigated motion). If filing