LEGAL FORMS

02/22/2019

Things we need to lose:

- Legalese
-clear and straightforward expression, using only as many words are necessary

Kinds:

All archaic and outdated phrases – known all men by these presents;

Foreign phrases that have plain language or substitutes – in toto, inter alia, arguendo

Vague pointers – herein, here under

- Lose the excess baggage

- Lose the passive voice
- Lose your fear of graphics

Business Letter

FULL BLOCK –all are on the left and no indention.

MODIFIED BLOCK – dates and complimentary closing is on the right.

SEMI BLOCK – dates and complimentary closing is on the right and with indention.

PARTS OF LETTER

INTRO – until “we write on behalf of my client”

EXPANSION – after intro to “to date, however. . .”

ACTION – after expansion “please consider this letter us . . “

CLOSING - “ we trust that you will . . . “

03/01/2019

SWORN STATEMENTS/AFFIDAVITS

-narration of facts.

-can be filed without lawyer in CRIMINAL COMPLAINT.

- needs a lawyer in CIVIL COMPLAINT.

- complaint affidavit, affidavit of loss, affidavit of one in the same person (i.e. if a women got married, last
name changed)

AFFIDAVIT OF LOSS

- State what you lost and narrate facts on how you lost it.

JURAT – the purpose of this is to prove that you, the Signer, told the truth about information in your
document under the penalty of perjury when you had it notarized. You, the Signer, must 'swear to a
Supreme Being' or 'affirm on your personal honor' that everything in your document is true and correct.

- Seen in affidavits.

“SUBSCRIBE AND SWORN to before me this 5TH December 2012, affiant exhibiting to me her community
tax certificate no. issued at Makati on 16 January 2012. “

Acknowledgement – different from Jurat.

- Seen in a contract.
- Acknowledge that you voluntarily did such act. While jurat only swear the content of the
document.

SPA

- Contract between principal and agent.

- Written authorization.
- In general power of attorney, it can only delegate acts of administration, in SPA can delegate not
only acts of administration. Also, SPA can only delegate specific acts.
- Name, nationality, address, and age of principal and the agent must be stated, and the authority
delegated.

NEXT MEETING: CONTRACTS AND CORPORATE DOCUMENTS

March 6, 2019

Difference between natural person and corporation (juridical person)

Minutes of the meeting

Organizational meeting- first meeting after incorporation.

Secretary’s Certificate

CONTRACTS

-meeting of the minds (oral or written)

- written contract (DEED)

3 KINDS OF CONTRACTS: according to content or substance

- Assignment
- Service
- Establishment
-

Power of attorney is essentially a contract of service

Contract Drafting – art.1306 of NCC

- Outline the transaction (chronologically)

- Be clear about the transaction and every portion of it.
- Be careful with the provisions, make sure they’re precise and complete
- Parol evidence rule.
- Acknowledgement (vs. Jurat)

PARTS OF THE CONTRACT:

- Parties(subject)
- Recitals (WHEREAS)
- Body (object and consideration)
- Signature (consent)

GENERAL TYPES

- Letter agreement
- Short form (usually for “one-time” transactions)
- Standard or long form (for longer term transactions)