COURSE SYLLABUS

SUBJECT: LEGAL FORMS PROFESSOR: Atty. Resci Angelli R. Rizada

NUMBER OF UNITS: 2 SEMESTER/SCHOOL YEAR: 2nd semester, S.Y. 2019-2020

PRE-REQUISITE SUBJECTS: Obligations and Contracts, Property, Sales, Credit Transactions,

Negotiable Instruments Law, Agency, Trust and Partnership, Land Titles and Deeds, Criminal
Procedure, Civil Procedure

I. COURSE DESCRIPTION:

This course is meant to provide students of law with an introduction into the manner of
making, drafting, preparing, editing and submitting pleadings and other documents related to
the practice of law. This course aims to take up the basics of law practice from the relevant
rules as promulgated by the Supreme Court of the Philippines, to the actual making and
drafting of said pleadings and documents. Also, this course aims for students to be able to have
proficiency in the practical application of the laws and legal forms of pleadings and documents
in hypothetical and actual case scenarios in practice.

II. COURSE OBJECTIVES

Students are expected to complete the course, as well as acquaint themselves with the
proper parts of Philippine legal documents, and the practice of legal conveyancing. Upon
completion of this course, students will be able to:

1. To have a working knowledge of the basic rules in practice;

2. To have sufficient familiarity and mastery of the basic legal forms in practice;
3. To realize the importance of proper drafting and making of pleadings and other legal
documents; and
4. To have proficiency in drafting pleadings and other legal documents.

III. COURSE OUTLINE

RELEVANT LAWS & RULES IN PRACTICE

I. A.M. 11-09-04-SC (Efficient Use of Paper Rule)

1. Applicability
2. Format and Style
 3. Margins and Prints

II. A.M. 12-08-08-SC (Judicial Affidavit Rule)

1. Scope and Application
2. Contents of a Judicial Affidavit
3. Sworn Attestation of the Lawyer
4. Application of Rule to Criminal Actions
5. Application of Rule to Small Claims Cases (A.M. 08-08-07-SC)
6. Effect of non-compliance
III. A.M. 02-08-13-SC as amended (2004 Rules on Notarial Practice)
1. Definition of Terms
i. Acknowledgement
ii. Affirmation or Oath
iii. Commission
iv. Copy Certification
v. Notarial Register
vi. Jurat
vii. Notarial Act and Notarization
viii. Notarial Certificate
ix. Notary Public and Notary
x. Principal
xi. Regular Place of Work or Business
2. Qualifications of a Notary Public
• Power of Municipal Trial Court and Municipal Circuit Trial Court judges to act as
Notaries Public Ex Officio, Supreme Court Circular 1-90, February 26, 1990
• Guidelines relative to printing and distribution of notarial books, 2004 Rules on
Notarial Practice, A.M. No. 02-8-13-SC, SC En Banc Resolution dated August 15,
2006

3. Term of Office of a Notary Public

4. Power and Limitations
5. Jurisdiction of Notary Public and Place of Notarization
i. Regular Place of Work or Business Exceptions
6. Disqualifications
7. Revocation of Commission
8. Competent Evidence of Identity
- Presentation of Community Tax Certificate on Certain Occasions – Sec. 163,
Republic Act No. 7160, Local Government Code of 1991
- Amendment to Sec 12(a) of the 2004 Rules on Notarial Practice, A.M. No. 02-
8-13-SC, SC En Banc Resolution dated February 19, 2008
 -
9. Reportorial Requirement
10. Renewal of Commission
i. Period of Renewal
11. Change of Status of Notary Public
12. Sanctions
13. Notarial Acts

IV. B.M. 850, October 2, 2001 (Mandatory Continuing Legal Education)

a. Purpose
b. Requirements
c. Compliance
d. Exemptions
e. Sanctions

V. A.M. No. 17-03-09-SC (Rule on Community Legal Aid Service)

1. Rationale
2. Scope
3. Covered Lawyers
4. Pro Bono Legal Aid Service
5. Requirements
i. Number of Hours
ii. Free Legal Aid Services on Weekends
iii. Exemptions
6. Pro Bono Cases
i. Supervision of Covered Lawyers
ii. Signing of Pleadings
7. Time Log and Timesheets
8. Period for Compliance
i. Extension
9. Continuous Handling or Turnover of Cases
10. Prohibitions against Solicitation or Acceptance of Gifts
11. Protection of Private Practice or Employment
12. Full Credit
13. Penalties

VI. Revised Guidelines for Continuous Trial of Criminal Cases

VII. Rules of Summary Procedure
 BASIC LEGAL FORMS
I. Notarial Certificates
a. Jurat
b. Acknowledgment
i. Consisting of one (1) page;
ii. Consisting of two (2) or more pages;
II. Verification and Certificate of Non-Forum Shopping

III. Affidavits
1. Parts of an Affidavit
2. Affidavit of Loss (ATM, Identification Card, Passport, Driver’s License)
3. Affidavit of Change of Name
4. Joint Affidavit of Two Disinterested Persons
5. Affidavit of Discrepancy
6. Affidavit of Consent and Support
7. Affidavit of Service-- Rule 13 of the Rules of Court
8. Affidavit of Preliminary Attachment
9. Affidavit to Use Surname of Father/Acknowledgment
10. Judicial Affidavits

IV. Power of Attorney

1. General
2. Special Power of Attorney
i. Ordinary transactions-- Article 1878 of the Civil Code
ii. For pre-trial-- Rule 18 of the Rules of Court
3. Revocation of SPA

V. Negotiable Instruments
1. Promissory Notes
2. Bills of Exchange
3. Check

VI. Partnership and Corporation Forms

1. Articles of General Partnership-- Articles 1767, 1770 to 1774 of the Civil Code
2. Articles of Limited Partnership
3. Articles of Incorporation -- Sec. 10 to 15 of the Corporation Code
4. Treasurer’s Certificate
5. By- Laws of a Stock Corporation-- Sec. 46 to 47 of the Corporation Code
6. Board Resolution
7. Secretary’s Certificate
 8. Notice of Stockholder’s meeting-- Sec. 50 to 51 of the Corporation Code
9. Minutes of Meeting

VII. Simple Contracts

1. Contract of Lease
i. Lease of Apartment/Condominium Unit
ii. Lease of Office Building
iii. Lease with Option to Purchase
2. Deed of Sale of Realty
i. Registered Land
ii. Unregistered Land
iii. Under Pacto de Retro
iv. Deed of Sale with Assumption of Mortgage
v. Contract to Sell
vi. Release and Cancellation of Mortgage
vii. Deed of Assignment and Transfer of Rights
viii. Earnest Money Receipt Agreement
3. Deed of Sale of Personal Property
i. Sale of Personal Property
ii. Sale of Motor Vehicle
iii. Sale of Personal Property in Installment with mortgage
iv. Sale of Vessel
v. Sale of Large Cattle
4. Deed of Donation – Article 725 to 773 of the Civil Code

VIII. Agreements
1. Joint Venture Agreement
2. Loan Agreement
3. Property Management Contract
4. Pledge Agreement
5. Legal Retainer Agreement

IX. Quitclaims in Labor Cases-- Article 6 of the Civil Code

VII. Notice of Hearing and Explanation

VIII. Demand Letter
1. Preparatory to filing an ejectment case – Rule 70 of the Rules of Court
2. Preparatory to filing a complaint for violation of Batas Pambansa Blg. 22 or the
Bouncing Checks Law

IX. Legal Opinion

 X. Settlement of Estate
1. Last Will and Testament-- Article 805 and 806 of the Civil Code
2. Extra-Judicial Partition of Real Estate
3. Extra-Judicial Deed of Partition
4. Extra-Judicial Settlement -- Secs. 1 and 2, Rule 74 of the Rules of Court
5. Affidavit of Self-Adjudication

XI. Mortgage Contracts

1. Real Estate Mortgage -- Article 2085 to 2092, 2124 to 2131 of the Civil Code
2. Chattel Mortgage -- Article 2085 to 2123, 2140 to 2141 of the Civil Code; Act No.
1508, as amended, with Affidavit of Good Faith
3. Deed of Release of Real Estate or Chattel Mortgage

XII. Pre-Nuptial Agreements -- Articles 74 to 81 of the Family Code

XIII. Deed of Assignment of Credit-- Article 1624 to 1635 of the Civil Code

JUDICIAL FORMS AND PLEADINGS

I. Captions and Titles

1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
4. Special Proceedings
5. Criminal Proceedings

II. Pleadings: Civil and Special Civil Actions

1. Interpleader
2. Action for Declaratory Relief
3. Petition for Certiorari
4. Petition for Prohibition
5. Petition for Mandamus
6. Petition for Quo Warranto
7. Petition for Probate of Will and Issuance of Letters Testamentary
8. Complaint for Expropriation
9. Complaint for Foreclosure of Real Estate Mortgage
10. Complaint for Judicial Partition of Real Estate
11. Complaint for Unlawful Detainer
12. Complaint for Forcible Entry
13. Specific Performance with Damages
14. Complaint for Damages
 15. Complaint for Quieting of Title, Reconveyance of Ownership and Possession
16. Petition for Escheat
17. Petition for Guardianship-- Rule 93 of the Rules of Court
18. Petition for Adoption
19. Petition for Issuance of Writ of Habeas Corpus
20. Petition
for
Writ
of
Amparo
and
Writ
of
Habeas
Corpus


21. Petition for Issuance of Habeas Data
22. Petition for Change of Name
23. Change of First Name and Civil Entries

III. Provisional Remedies

1. Complaint for Sum of Money with Prayer for Preliminary Attachment - Sec. 6 to
8, Rules 8 and 57 of the Rules of Court
2. Complaint with Application for Preliminary Injunction
3. Complaint with Application for Receivership
4. Replevin –Rule 60 of the Rules of Court
5. Complaint for Separate Support with Application for Alimony Pendente Lite

IV. Miscellaneous Civil Pleadings

1. Notice of Appearance as Counsel
2. Notice of Withdrawal as Counsel-- Sec. 26, Rule 138 of the Rules of Court
3. Petition for Notarial Commission
4. Petition for Annulment of Marriage
5. Petition for Legal Separation
6. Notice of Lis Pendens-- Sec. 14, Rule 13 of the Rules of Court; Sec. 76 of
Presidential Decree No. 1259

V. Other Civil Pleadings

1. Answer with Affirmative Defenses and Counterclaim-- Rules 8, 9 and 16 of the
Rules of Court
2. Complaint in Intervention-- Rule 19 of the Rules of Court
3. Pre-trial Brief-- Rule 18 of the Rules of Court; A.M. No. 03-1-09-SC, SC En Banc
Resolution dated July 13, 2004, Rule on Guidelines to be Observed by Trial Court
Judges and Clerks of Court in the Conduct of Pre-trial and Use of Deposition-
Discovery Measures
4. Third Party Complaint-- Sec. 16, Rule 39 of the Rules of Court
5. Petition for Consolidation of Ownership (Pacto de Retro)

VI. Motions
1. Motion for Postponement-- Sec. 3 and 4, Rule 30 of the Rules of Court
2. Motion for Leave to Effect Service of Summons by Publication
 3. Motion for Leave for Extraterritorial Service
4. Motion for Leave to Amend Pleading
5. Motion to Dismiss-- Rules 15 and 16 of the Rules of Court
6. Motion to Admit-- Sec. 9, Rule 15 of the Rules of Court
7. Motion to Withdraw
8. Motion for Bill of Particulars
9. Motion for Extension of Time-- Sec. 11, Rules 15 and 11 of the Rules of Court
10. Motion for Reconsideration-- Rule 37 of the Rules of Court
11. Motion for Judgment on the Pleadings
12. Motion for Consolidation of Cases
13. Motion to Declare Defendant in Default-- Sec. 3, Rule 9 of the Rules of Court
14. Motion to Lift Order in Default-- Sec. 3, Rule 9 of the Rules of Court
15. Ex-Parte Motion to Set for Trial-- Sec. 1, Rule 18 of the Rules of Court
16. Request for issuance of a subpoena-- Rule 21 of the Rules of Court
17. Motion for Execution-- Rule 39 of the Rules of Court
18. Motion to Inhibit
19. Compromise Agreement and Motion for Approval of Compromise Agreement

VII. Appeals
1. Notice of Appeal-- Rules 40 and 41 of the Rules of Court
2. Record on Appeal
3. Motion to withdraw Appeal
4. Petition for Review on Certiorari—Rule 45 of the Rules of Court
5. Appellant’s Brief-- Sec. 13, Rule 44 of the Rules of Court
6. Appellee’s Brief
7. Petition for Review –RTC to CA; Rule 42 of the Rules of Court
8. Petition for Review-- (Appeal from the quasi–judicial agency to the Court of
Appeals) – Rule 43 of the Rules of Court

VIII. Pleadings: Criminal Actions

1. Complaint-Affidavit-- Rules 110 and 112 of the Rules of Court
I. Libel
II. Qualified Theft
III. Estafa
IV. Murder
V. Malversation; Violation of R.A. 3019
VI. Violation of R.A. 9165
2. Investigation Data Form
3. Counter-Affidavit
4. Information-- Rules 110 and 117 of the Rules of Court; DOJ Circular No. 61,
September 21, 1993, New Rules on Inquest
 I. With Certificate of Inquest
II. With Certificate of Preliminary Investigation
5. Petition for Review-- DOJ Circular No. 70, July 3, 2000, 2000 NPS Rules on Appeal
6. Comment-- DOJ Circular No. 70, July 3, 2000, 2000 NPS Rules on Appeal
7. Motion for Issuance of a Hold Departure Order
8. Urgent Motion for Early Resolution
9. Motion to Defer Proceedings
10. Affidavit of Desistance

IX. Other Criminal Pleadings

1. Motion to Quash Information-- Rules 110 and 117 of the Rules of Court
2. Motion to Quash Search Warrant
3. Motion to Suppress Evidence
4. Motion for New Trial
5. Notice of Appeal
6. Petition for Bail-- Rule 114 of the Rules of Court
7. Motion to Reduce Bail
8. Application for Bail
9. Application of Compulsory Process to Secure Attendance of Witness
10. Application for Probation

X. Other Pleadings Common to both Civil and Criminal Actions

1. Formal Offer of Evidence-- Sec. 34 and 35, Rule 132 of the Rules of Court
2. Comment to Formal Offer of Evidence
3. Demurrer to Evidence
4. Memorandum

XI. Labor Cases

1. Position Paper
2. Memorandum
3. Certiorari

III. REFERENCES:

There is no prescribed book for this course. Students may use any reference material on the
subject of Legal Forms available at the library, bookstores and online.

Other pleadings and documents may be assigned during the course of the semester.
IV. GRADING SYSTEM
35%--Quizzes/Practical Exercises
35%--Examination (Prelim and Midterm)
30%--Legal Aid Program (Final Exam)

V. CONTACT AND OTHER INFORMATION

• Email Address: rescirizadanolasco@gmail.com
• Contact number: (082) 228-5939
• Consultation schedule: after class or on appointment
Note: please course through all concerns through the law school secretary/office
landline.