Important Bar Exam Notes On Legal Forms For 2011

UST golden notes 2011
I. COMMON FORMS
LEGAL FORMS
A. ACKNOWLEDGMENT
Note: Form is important when the law requires a
document or other special form, such as those
mentioned in Article 1358 of the New Civil Code,
donation of an immovable property under Art. 749,
NCC, pledge under Art. 2096, NCC. (Suarez, 2007)
Q: What does the study of Legal Forms include?
Note: Acknowledgment is a statutory act such that

only those instruments that are required by law to
be acknowledged shall be acknowledged; it is also a
personal act such that it cannot be acknowledged by
a person other than the one who executed it.
(Suarez, 2007)
Q: What are examples of instruments that must

be acknowledged?
A: It includes the following:

1. Business Forms Forms used in conveyance,
or of the forms of deeds, instruments or
documents creating, transferring, modifying
or limiting rights to real as well as personal
properties, and other forms related to
business contracts or transactions. (Legal
Forms, Suarez 2007)
2. Judicial Forms Forms which pertain to
different kinds of pleadings, applications,
petitions, affidavits, motions and the like.
(Ibid)
Q: What is a document?
A: It is a writing or instrument by which a fact
may be proven or affirmed. A document may
either be private or public.
1. Private Document a deed or instrument
executed by a private person, without the
intervention of a notary public or of other
person legally authorized, by which a
document, some disposition or agreement is
proved, evidenced or set forth.
2. Public Document
a. An instrument authenticated by a
notary public or a competent public
official, with the formalities required by
law
b. An instrument executed in due form
before a notary certified by him
c. That which is made by a notary public in
the presence of the parties who
executed it, with the assistance of two
witnesses. (Suarez, 2007)
A:
a. Deeds
b. Conveyances
c. Mortgages
d. Leases
e. Releases and discharges affecting lands
whether registered under Act 496 or
unregistered
Note: If not acknowledged, such documents will not
be accepted by the Register of Deeds for registration
(Suarez, 2007)
Note: The person who executed the instrument is
the one who executes an acknowledgment.
Q: When is an acknowledgment made?

A: An acknowledgment is made in documents
where there is transfer or conveyance of title to
property, transmission of rights or manifestation
of agreement of parties (fulfilment of a prestation
to give, to do or not to do)
Note: It should be used only in contracts, never in
affidavits or sworn statements. (Albano, Albano, Jr.
and Albano, 2004)
Q: What is the meaning of Scilicet or S.S.?

A: S.S. literally means more particularly (Suarez,
2007), to wit, or namely (Guevara, 2010).It is used
to particularize a general statement. (Ibid)
In notarized documents, it indicates that the legal
document was executed in the designated place
within that particular jurisdiction for such an act.
Note: The omission of SS in a legal document is
not material so as to invalidate it. (McCord, et al. v.
Glenn, 6 Utah 139, 21 Pac. 500; Guevara, 2010)
192
LEGAL ETHICS TEAM:

ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA
SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE
MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Ust golden notes 2011

Form 1: General Form of Acknowledgment
[1] ACKNOWLEDGMENT
[2] REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________)
CITY/MUNICIPALITY OF _______) S.S.
[3] BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this ___ day of _____,
2011, personally appeared the following persons
[4] NAME
[5] IDENTIFICATION
____________________
____________________
___________________
___________________
[6] DATE AND PLACE

OF ISSUANCE
_______________________
_______________________
[7] Known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free and voluntary act and deed [12] and of the
corporations herein represented.
[8] This instrument refers to a (title of document) and consists of ___ pages including the
page on which this acknowledgment is written and signed by the parties and their instrumental
witnesses on each and every page thereof.
[9] WITNESS MY HAND AND SEAL on the date and at the place above written.
[10] JUAN DELA CRUZ

NOTARY PUBLIC- Makati City
Appointment No. ____
Until December 31, 2010
Roll no. ____
PTR no. ____, date of issue, place of issue
IBP no. _____, date of issue, place of issue
Office Address:
Email:
Contact Number:
[11] Doc. No._____;
Page No. ____;
Book No.____;
Series of 2011.
Q: What are
acknowledgment?
the
contents
of
an
A:
[1]
[2]
[3]
[4]
Title of the notarial act

Place of execution
Date
Name of person acknowledging the
document (as well as name/s of the
entity/ies being represented, if such is the
case)
[5] Competent evidence of identity presented
[6] Date and place of issue of the competent

evidence of identity presented
[7] Acknowledgment made to the notary
public that it is the persons voluntary act
and deed
[8] Type of document executed and number
of pages
[9] Notarial certificate
[10] Identity of notary public
[11] Details of the notarial register
[12] If executed in a representative capacity, a
statement to that effect.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II

VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE
Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
193
UST- Golden Notes 2011

Q: When should jurats be executed?
B. JURAT
A: It is used in any notarized document that is

declaratory in nature, such as:
Q: What is a Jurat?
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)
a.
b.
c.
Note: Jurat is important as it gives the document a

legal character.(Ibid)
Affidavits
Certifications
Whenever the person executing the
document makes a statement of facts
or attests to the truthfulness of an
event, under oath.
Q: Who executes a Jurat?

A: The notary public. He certifies that the same
was sworn before him.
Note: A jurat should be used only in affidavits, sworn

statements, certifications, verifications and the like.
Never use it in contracts. (Albano, Albano, Jr. and
Albano, 2004)
Form 2: Jurat
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________)
CITY/MUNICIPALITY OF ______ ) S.S.
[1] SUBSCRIBED AND SWORN to before me, in the municipality/ city of_____, this ____ day of ____,
20011, the affiant exhibiting to me his (any competent evidence of identity) issued by (issuing
agency) on (date of issue) at (place of issue).
[2] JUAN DELA CRUZ
NOTARY PUBLIC- Makati City
Appointment No. ____
Until December 31, 2010
Roll no. ____
PTR no. ____, date of issue, place of issue
IBP no. _____, date of issue, place of issue
Office Address:
Email:
Contact Number:
[3] Doc. No._____;
Page No. ____;
Book NO.____;
Series of 2011
Q: What are the contents of a Jurat?
c.
A: Remember its three (3) sections:
d.
e.
f.
g.
[1] The Notarys declaration regarding when

and where the person took an oath or
affirmation as to the document or
instrument and his competent evidence of
identity, bearing his picture and signature
was presented.
[2] The identity of the notary public with the
following: a. Complete name of the
Notary Public
a. Place of commission
b. Appointment number
194
[3]
Expiration date of the Notarial

Commission
Roll Number
PTR number
IBP Number
Office address
The details of the Notarial Register

a. Document number
b. Page number
c. Book number
d. Series number (year)
LEGAL ETHICS TEAM:

Legal Forms Common Forms

C. PLEADING
Q: What are the parts of a pleading?
Q: What are pleadings?

A: Pleadings are the written statements of the
respective claims and defenses submitted to the
court for appropriate judgment. (Sec. 1, Rule 6,
RRC)
Q: What is the purpose of a pleading?
A: Its purpose is to define the issues and form the
foundation of the proof to be submitted at the
trial. It narrows the case down to a specific issue
or issues which will be submitted to the court for
trial and judgment. (Suarez, 2007)
A: Cap-Ti-BRA PLUS
[1] Caption
[2] Title
[3] Body
[4] Relief
[5] Attorney
[6] PLUS
a. Verification, if required
b. Certificate of non-forum shopping,
when appropriate
c. Notice of hearing, when required
d. Proof of service
e. Explanation
Form 3: General Format of a Pleading

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ________, MAKATI CITY
[1]________________________,
Plaintiff,
-versus-
Civil Case No.____

For: ____________
________________________,
Defendant.
x--------------------------------------x
[2] (TITLE)
(Plaintiff/ Defendant), through Counsel, unto this Court, respectfully states:
[3] (BODY)
-allegations[4](PRAYER)
Makati City, Philippines, ________ (date) __________.

_________________
[5] Attorney
[6] VERIFICATION, if required
CERTIFICATE OF NON-FORUM SHOPPING, when appropriate
NOTICE OF HEARING, when required
PROOF OF SERVICE
EXPLANATION
ACADEMICS CHAIR: LESTER JAY ALLAN FLORES

UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN SABUGO & JOHN HENRY MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE LEE
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE MASACAYAN & THEENA MARTINEZ
195
UST- Golden Notes 2011

D. PRAYER
Note: The relief or reliefs prayed for may be proper
or not, but as long as the plaintiff deserves a relief,
the court will grant him the relief to which he is
entitled under the facts as proven. (Guidotte v
Yeung, CA-CR No. 6268, July 10, 1951)
Q: What is a Prayer?
A: This is a part of the pleading which states the
relief or reliefs prayed for by the parties.
Note: It is not a part of the cause of action.
Form 4: Prayer
PRAYER
WHEREFORE, it is respectfully prayed, after notice and hearing, that the defendant be
ordered to pay the plaintiff the amount of One Million Pesos (Php1,000,000.00) for actual and
compensatory damages, Fifty Thousand Pesos (Php50,000.00) for moral damages, Fifty Thousand
Pesos (Php50,000.00) for exemplary damages and Fifty Thousand Pesos (Php50,000.00) for attorneys
fees.
Other reliefs just and equitable under the circumstances are also prayed for.
E. PROOF OF SERVICE
Form 5: Proof of Service.
Copy furnished through personal service:

Atty. __________
Counsel for _______________
(firm name)
(office address)
Received By. ______

Date: ____________
Form 6: Proof of Service Through Registered Mail with Explanation

Copy furnished
Through registered mail:
Atty.____________
Counsel for ______
(firm name)
(Office Address)
Registry Receipt No.___________

Date: _______________
Post Office: ____________
EXPLANATION
Pursuant to the Rules of Court, service of the above (designation of pleading or document)
was effected through registered mail because of the impracticability of personal service. The
office of the undersigned counsel is located at (Makati City for example) while that of the adverse
counsel is located at (Baguio City for example), and there are no messengerial personnel in the
employ of the undersigned counsel who could effect personal service.
Name and signature
196
LEGAL ETHICS TEAM:

Legal Forms Common Forms

F. CERTIFICATION OF NON-FORUM SHOPPING
Q: What is a certificate of non-forum shopping?
A: It is a certification under oath in the complaint
or other initiatory pleading asserting a claim for
relief, or in a sworn certification annexed to such
pleading and simultaneously filed therewith,
where the party:
a.
Certifies that he has not theretofore

commenced any action or filed any
claim involving the same issues in any
court, tribunal or quasi-judicial agency
and, to the best of his knowledge, no
such other action or claim is pending.
b.
If there is such other pending action or

claim, gives a complete statement of
the present status thereof
c.
Undertakes that if he should thereafter

learn that the same or similar action or
claim has been filed or is pending, he
shall report that fact within five (5) days
therefrom to the court wherein his
aforesaid complaint or initiatory
pleading has been filed.
Q: What is the consequence on failure to

execute such certification when necessary?
A: Failure to comply shall be cause for dismissal of
the case without prejudice, unless otherwise
provided, upon motion and hearing. The
foregoing requirements shall not be curable by
mere amendment of the complaint or other
initiatory pleading. (Suarez, 2007)
Note: Submission of a false certification or noncompliance with any of the undertakings shall
constitute indirect contempt of court, without
prejudice to the corresponding administrative and
criminal actions.
Q: Who executes the certification against forum

shopping?
A: The plaintiff or principal party
Q: When should the certification be executed?
A: It is executed simultaneously with a complaint
or any other initiatory pleading
Form 7: Certification of Non-forum Shopping
Republic of the Philippines)

City of _______________ )s.s.
(Person verifying) after having been duly sworn deposes and says:
That he is the (usually the one executing is the plaintiff but it may be the defendant in the
case of a permissive counterclaim) in the above-entitled case and he certifies that he has not
heretofore commenced any action or filed any claim involving the same issues before any other
court, tribunal or quasi-judicial agency, that to the best of his knowledge, there is no other pending
action or claim, and that if he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report such fact within five (5) days therefrom to this Honorable
Court.
Party executing
JURAT

197
UST Golden Notes 2011

G. VERIFICATION
4.
Q: When is verification necessary?
5.
6.
A: Verification is necessary only when the law or

rule specifically requires it. Example, under the
Rules of Court, verification is necessary in the
following pleadings:
1.
2.
3.
Appeal from CTA and quasi-judicial

agencies to the CA (Rule 43, RRC)
Appeal by certiorari under Rule 45, RRC
Certiorari, prohibition and mandamus
(Rule 65, RRC)
Q: What are the contents of verification?

A: It contains a statement that an affiant has read
the pleading, that he has caused the preparation
of said pleading and that the allegations therein
are true and correct based on authentic records
and of his personal knowledge.
Complaint and other initiatory pleadings

Answer, if there are actionable documents
Petition for review under Rule 42, RRC
Form 8: Verification
City of _______________ )s.s.
(Person verifying) after having been duly sworn deposes and says that he is the (designnation) in the 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 knowledge and
based on authentic records.
Party verifying
JURAT
Form 9: Verification and Certification of Non-forum Shopping

City of _______________ )s.s.
(Person verifying) after having been duly sworn deposes and says:
1. That he is the (designation) in the above- entitled (name of pleading); that he has
caused its preparation; that he has read it and the allegations therein are true of his own
personal knowledge and based on authentic records;
2. That he certifies that he has not heretofore commenced any action or filed any claim
involving the same issues before any other court, tribunal or quasi-judicial agency, that to
the best of his knowledge, there is no other pending action or claim, and that if he should
thereafter learn that the same or similar action or claim has been filed or is pending, he
shall report such fact within five (5) days therefrom to this Honorable Court.
Party executing
JURAT
198
LEGAL ETHICS TEAM:

Legal Forms - Business Form

parties bind themselves in favor of another or
others, or reciprocally, to the fulfillment of a
prestation to give, to do or not to do.
II. BUSINESS FORMS
Note: Conveyance is a deed whereby the ownership

of a real property is transferred from one person to
another. (Suarez, 2007)
A. CONTRACTS
Note: A contract is a meeting of minds between two
persons whereby one binds himself, with respect to
the other, to give something or to render some
service. (Art. 1305, NCC)
Q: What are the parts of a contract of lease of

personal property?
A: TAP-WAC-SA
[1] Title
[2] Announcement
[3] Parties
[4] Conditions or terms
[5] Signatures
[6] Acknowledgement
Contract is a juridical convention manifested in legal

form, by virtue of which one or more persons or
Form 10: Contract of Lease of Personal Property

[1] Contract of Lease
[2] Know All Men by These Presents:
That [3] __________, of legal age, (citizenship), (single/married) an resident of ______,
Philippines, hereby leases his/her car (make/model), with Plate No. ____, Motor No. ____ and
Engine No. ____ to [3] _____, of legal age, (citizenship), single/married, and resident of _____, who
hereby accepts to leases the said motor vehicle, subject to the following terms and conditions:
[4] (State terms and conditions)
IN ITNESS WHEREOF, the parties have hereunto set their hands this ____day of ___,2009, in
______, Philippines.
[5]FELIPE DE GUZMAN
Lessor
ARTHUR MIRANDA
Lessee
[6] (ACKNOWLEDGMENT)
Q: What are the parts of a contract of lease of

real property?
A: TAP-WAC-SA
[1] Title
[2] Announcement
[3] Parties
[4] Whereases
[5] Agreement proper
[6] Conditions or terms
[7] Signatures
[8] Acknowledgement
Note: State citizenship, if the transaction involves

titled property. (Albano, Albano, Jr. and Albano,
2004)
Note: State marital status, if the transaction involves
titles real property. If a party is married, state full
name and his/ her citizenship.(Ibid)
Note: in the whereas clauses, the representations
of the parties as well as their respective intentions or
motives, are usually stated. (Ibid)

199

Form 11: Contract of Lease of Real Property
[1]
[2]
Contract of Lease
Know All Men by These Presents:

This Contract of Lease is made and executed by and between:
[3] FELIPE DE GUZMAN, , of legal age, Filipino, married to Linda Conanan, with address at # 28
Aurora Blvd., Quezon City, hereinafter called the LESSOR;
- and
ARTHUR MIRANDA, of legal age, Filipino, married to Agnes Sison, with address at # 30 Aurora
Blvd., Quezon City, hereinafter called the LESSEE;
Witnesseth that:
[4] WHEREAS, the LESSOR is the true and absolute owner of a residential house and lot located at
#30 Aurora Boulevard, Quezon City, herein after referred to as Property ; and
WHEREAS, the LESSOR leases unto the lessee, and the latter hereby accepts the lease from the
former.
[5] NOW THEREFORE, for and in consideration of the above premises and covenants provided below,
the LESSOR hereby leases the PROPERTY to the LESSEE who accepts it [6] under the following terms
and conditions:
1.
2.
3.
4.
The lease shall be for one year from execution of this agreement;
The monthly rental on the PROPERTY leased shall be P5,000.00, payable in advance within
the first five (5) days of each month;
All ordinary repairs concerning the PROPERTY shall be for the sole account and expense of
the LESSEE, without right to reimbursement;
The LESSEE shall use the PROPERTY exclusively for family dwelling, and shall have no right
to use the same for business and other purposes;
The Lessee hereby acknowledge that he has received the Property in good, habitable
condition and undertake to maintain the such condition throughout the duration of the
lease;
[7] FELIPE DE GUZMAN
ARTHUR MIRANDA
Lessor
Lessee
With my marital consent:
Zenaida de Guzman
Signed in the Presence of:
_____________________
________________
200
LEGAL ETHICS TEAM:


Form 12: Contract of Real Estate Mortgage.
[1] Real Estate Mortgage
Know All Men By These Presents:
[2] I, ______________, of legal age, Filipino, single/married to __________ and with
residence at ________, Philippines, for and in consideration of [3]________________ Pesos
(Php__________), Philippines currency, to me and in hand paid by [4] _____________ of legal age,
Filipino, single/married to __________ and with residence at ________, Philippines, do hereby
convey, by way of MORTGAGE unto said _________(full name of the mortgagee), his/her heirs and
assigns, that certain parcel of land, together with all the buildings and improvements thereon,
situated in _______, particularly described as follows:
[5] (description of property)
Containing an area of ___ Square meters, more or less.
xxx
xxx
xxx
Bounded on the S. along 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the
N. along lines 7-8-9 by Lot 2345 and on the E., along line 9-1 by Lot 3456, all Cad-7890,
Manila Cadastre.
xxx
xxx
xxx
[6] Of which real property I am the registered owner as evidenced by Original/ Transfer
Certificate of Title No. ____ of the Registry of Deeds of ____: [7] PROVIDED, HOWEVER, that if said
__________( Full name of mortgagor) shall pay or cause to be paid to the said (Full name of
mortgagee), his heirs or assigns, the said sum of ___________ pesos (Php________), Philippine
Currency, within the period of ___________ (__) years from and after the execution of this
MORTGAGE together with the interest thereon at the rate of _______ per centum (__%) per
annum, this MORTGAGE shall be discharged and be of no effect; OTHERWISE, it shall remain in full
force and effect and shall be enforceable in the manner provided for by law.
IN WITNESS WHEREOF, these presents are signed at the City of ____, Philippines, on this
____ day of ____, 2011.
________________
Mortgagor
_______________
Mortgagee
With my marital consent (if married):

__________________
(Wife of mortgagor)
_______________
________________
Q: What are the parts of a real estate mortgage?

A: VeT-Mam-CODAck
[1] Venue and Title
[2] Mortgagor
[3] Amount of loan
[4]
[5]
Mortgagee
Conveyance of real property with
technical description
[6] Ownership of real property
[7] Discharge of mortgage
[8] Acknowledgment

201

Form 13: Chattel Mortgage.

[2] JUAN DE LA CRUZ, of legal age, Filipino, single with residence at
_______________________, hereinafter referred to as the MORTGAGOR
And
PEDRO DE LOS SANTOS, of legal age, Filipino, married with residence at
___________________, hereinafter referred to as the MORTGAGEE,
WITNESSETH: That:
[3] The Mortgagor does hereby convey by way of chattel mortgage unto the Mortgagee, the
following described personal property, ordinarily situated and presently in the possession of the
said Mortgagor, to wit:
(Specify and describe the article/s mortgaged)
Make and type:
Serial/ Chassis No.:
Motor No.:
Plate No.:
Q: What are the parts of a chattel mortgage?
[4] That this Chattel Mortgage is given as security for the payment to the Mortgagee, of a
certain promissory note, dated ______ for the A:
sum
of ___________ Pesos (Php_______),
Vet-PeCon-SDAG
Philippine Currency, with interest thereon at the rate of1. _____
perand
centum
Venue
Title (___%)per annum,
according to the terms and in the words and figures following:
(optionCircumstances
2: attach theof
promissory
2. Personal
the Parties
note and make reference to such attachment)
3. Conveyance of mortgage and technical
description of personal property
(Copy of the promissory note)
4. Fact that the property was given as a
Date______
Security for a loan or a copy
of the PN
P_____________
5. Discharge of the mortgage
6. Acknowledgment
_____ days after date, I, ______, promise to
to the order
of ______,
7.payAffidavit
of Good
Faith the sum of
_____ pesos (Php______).
Maker_____
[5] That the condition of this Chattel Mortgage is such that if the said Mortgagor, his heirs,
executors, or administrators shall well and truly perform the full obligation above-stated according
to the terms thereof, this Chattel Mortgage shall be discharged and be of no effect, otherwise, it
shall remain in full force and effect and shall be enforceable in the manner provided by law.
IN WITNESS WHEREOF, the parties have hereunto set their hands this ___ day of ____ 2011 in
_____, Philippines.
________________
_______________
Mortgagor
Mortgagee
______________
________________
[7] (AFFIDAVIT OF GOOD FAITH)
[8] (JURAT)
202
LEGAL ETHICS TEAM:


Q: What are the parts of a Chattel Mortgage?
[4] Fact that the property was given as a
Security for a loan or a copy of the PN
[5] Discharge of the mortgage
[6] Acknowledgment
[7] Affidavit of Good Faith
[8] Jurat
A: Vet-PeCon-SDAGJ
[1] Venue and Title
[2] Personal Circumstances of the Parties
[3] Conveyance of mortgage and technical
description of personal property
Form 14: Pledge Agreement.
This AGREEMENT, made and entered into this ___ day of ____ 2011 by and between
__________, of legal age, Filipino, single and residing at _____, Philippines, now and hereinafter
called the Pledgor, and _____________, likewise of legal age, married and residing at ________,
Philippines, now and hereinafter called the Pledgee.
Witnesseth that:
WHEREAS the Pledgor has executed a promissory note dated ____, 2011 in favor of the
Pledgee and made payable within ___ (___) days after date at _______. Philippines, for the amount
of _____ (Php______), Philippine currency;
WHEREAS, the Pledgor has agreed with the Pledgee to secure the payment of said note;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein
contained, the Pledgor has, as collateral security for the payment of the aforementioned note and
by way of pledge, deposited with the said Pledgee the following personal property of his own
exclusive ownership, and of which he has the free disposal, to wit:
(Description of the property)
And the said parties to this instrument agree that the Pledgee who acknowledges the
receipt of the aforementioned personal property of the Pledgor shall take good care of the said
property until redeemed by the said Pledgor;
That should the said note or any part thereof, or interest to grow thereon, remain due and
unpaid, after the note shall have been due, according to the terms thereof, the said Pledgor,
irrevocably empowers and authorizes the said Pledgee, his heirs, executors, administrators and
assigns, to sell or dispose of the above-mentioned property or any part thereof at public auction as
provided for in Article 2112, of the Civil Code, from the proceeds of such sale to pay the principal
and interests due therefore, otherwise, this Agreement shall become null and void and of no
further effect and the above-named securities are to be returned to the Pledgor.
IN WITNESS WHEREOF, we have set our hands this ____ day of ____, 2011 at ______,
Philippines.
____________________
Pledgor
__________________
__________________
Pledgee
In the Presence of:

__________________

203

the maker. During his lifetime, it is ambulatory
and revocable.
B. DEED
Q: What is a deed?
Q: What are the typical parts of a deed?

A: A deed is a written instrument under seal
containing a contract or agreement which has
been delivered by the parties to be bound and
accepted by the obligee or covenantee. (Suarez,
2007)
Note: In a deed, a person disposes of his property or
right in favor of another.
Q: What is the difference between a deed and a

will?
A: A deed, once executed and delivered is
irrevocable in the absence of reservation of the
right to revoke. On the other hand, a will
operates only upon and by reason of the death of
A: TAP-CAP-SA
[1] Title
[2] Announcement
[3] Party one
[4] Consideration
[5] Act or Conveyance
[6] Party two
[7] Signatures
[8] Acknowledgment
Note: You can use this pattern for all kinds of deeds.
You need only vary the act or conveyance portion
to convert it into a deed of assignment, a deed of
easement of right of way, a deed of real estate
mortgage, a deed of chattel mortgage, and others.
Form 15 :Deed of Sale of Personal Property
[1] DEED OF SALE OF MOTOR VEHICLE

[2] KNOW ALL MEN BY THESE PRESENTS:
[3] I, ANGEL CRUZ, of legal age, Filipino, married, with address at No. 12 Apo St., Quezon City
(SELLER), [4] for and in consideration of the sum of One Hundred Thousand Pesos (P100,000.00),
[5] hereby sell, convey, and transfer my motor vehicle, more particularly described as follows:
Make ________, Type ________, Motor No. ________,
Serial/Chassis No. ___________, File No.___________,
Reg. Cert. No. ______________, Plate No.__________,
[6] to RICARDO LIM, of legal age, married, with postal address at No. 2 Bangkal St., Manila
(BUYER).
[7] ANGEL CRUZ
Seller
With my consent:
Helen Cruz
Wife
[8] ACKNOWLEDGMENT
204
LEGAL ETHICS TEAM:


Form 16: Deed of Sale of Unregistered Land.
DEED OF ABSOLUTE SALE

I, ____________, of legal age, Filipino, single, and resident of _______________ (VENDOR),
for and in consideration of the amount of ______________, paid to me today by _______________,
of legal age, Filipino, single and resident of _______________(VENDEE), do hereby SELL, TRANSFER,
and CONVEY absolutely and unconditionally unto said ____________ that certain parcel (s) of land,
together with the buildings and improvements thereon situated in the City of Makati, and more
particularly described as follows:
(description: state the nature of each piece of land and its improvements, situations and
boundaries, area in square meters, whether or not the boundaries are visible on the land by means
of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if
any, the page number of the assessment of each property for current year (s) when registration is
made, the assessed value of the property for the year)
It is hereby declared that the boundaries of the foregoing land are visible by means of
_______________; that permanent improvements existing thereon consist of ________ (if none,
state so); that the land is assessed for the current year at Php___________ as per Tax Declaration
No.________, and the buildings and/or improvements, at Php___________ as per Tax declaration
No._______________, of the City Assessor of Makati.
The above described real estate, not having been registered under Act No. 496 nor under the
Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the
provisions of Sec. 194 of the Revised Administrative Code, as amended.
IN WITNESS WHEREOF, I have signed this deed this ____ day of ______, 2011 at _________.
________________
(Vendor)
With my consent:
___________________
(Vendors wife)
_______________
_______________
Acknowledgment

205

Form 17: Deed of Sale with Pacto de Retro
DEED OF SALE WITH PACTO DE RETRO

This Deed of Sale with Pacto de Retro made and executed by and between:
____________________,of legal age, Filipino, married to ______, with residence at
______________ (Vendor);
-and__________________, Filipino, of legal age, married to _________, with residence at
________________ (Vendee);
WITNESSETH: That
The VENDOR is the absolute owner of a certain parcel of land with all the buildings and
improvements thereon, situated in the City of Makati, covered by Transfer (or Original) Certificate
of Title (TCT/OCT) No.__________ issued by the Registry of Deeds of Makati City and more
particularly described as follows:
(Copy technical description in TCT/OCT)
The VENDOR, for and in consideration of the amount of _________ Pesos (Php________),
to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and
CONVEY under pacto de retro unto the said VENDEE, his heirs and assigns, the said property with
all the buildings and improvements thereon, free from all liens and encumbrances whatsoever;
The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and
the VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein
conveyed within a period of _____ years from date of this Deed for the same price of ______
(Php_______); provided, however, that if the VENDOR shall fail to exercise his right to repurchase
as herein granted within the period provided, then this conveyance shall become absolute and
irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law
regarding consolidation of ownership of real property.
IN WITNESS WHEREOF, the parties have signed this Deed this ____ day of ____, 2011 at
_________.
________________
(Vendor)
________________
(Vendee)
With my consent:
___________________
(Vendors wife)
_________________
_________________
Acknowledgment
206
LEGAL ETHICS TEAM:


Form 18: Deed of Repurchase of Land Sold Under Pacto de Retro
DEED OF RESALE
I, ______________, of legal age, Filipino, married to ______, with residence at
______________ (VENDOR), for and in consideration of __________________ Pesos
(Php___________), to me paid by _______________, of legal age, Filipino married and resident of
____________________ (VENDEE), do hereby RESELL, RETRANSFER and RECONVEY unto said
___________that certain parcel of land, with all the buildings and improvements thereon, situated
at Makati City, covered by Transfer (or Original) Certificate of Title No. _____ of the Registry of
Deeds of Makati City, and more particularly described as follows:
(Copy technical description of title)
and which property was previously sold under pacto de retro by the said ____________,
executed before Notary Public ______ and bearing Notarial Registration No. ____, Page No. ____,
Book No. ____ and Series of 2011 of his Notarial Register, a copy of which is attached as ANNEX A.
IN WITNESS WHEREOF, the parties have signed this Deed this ____ day of ____, 2011 at
Makati City.
________________
________________
(Vendor)
(Vendee)
With my consent:
___________________
(Vendors wife)
With my consent:
______________________
(Vendees Wife)

_________________
_________________
Acknowledgment

207

Form 19: Deed of Assignment.
DEED OF ASSIGNMENT
That I, _____, of legal age, Filipino, single/ married to __________ and residing at
_____________, Philippines (ASSIGNOR), for and in consideration of the sum of ___________
pesos (Php______________) to me and in hand paid by ______________, of legal age, Filipino,
single/married to _______________, and residing at ____________, Philippines (ASSIGNEE), the
receipt of which is hereby acknowledged, do hereby sell, assign, transfer and set over unto said
_____________, his heirs, executors, administrators and assigns, a certain debt now due and
owing to me by _________________, of legal age, Filipino, single/married to _______, and
residing at ______________, Philippines, amounting to ________________ pesos
(Php___________), plus interest due and accruing thereon, for money loaned by me to the said
______________.
And I do hereby grant said __________, his heirs, executors, administrators and assigns,
the full power and authority, for his/their own use and benefit, but at his/their own cost and
expense, to demand, collect, receive, compound, compromise and give acquaintance for the
same or any part thereof, and in my name and stead or otherwise to prosecute and withdraw any
suit or proceeding thereof.
And I do hereby agree and stipulate to and with said ____________, his heirs, assigns,
executors, administrators and assigns that the said debt is justly owing and due to me from said
_________ and that I have not done and will not cause anything to be done that will diminish or
discharge said debt, or to delay or prevent said ________, his heirs, assigns, executors or
administrators, from collecting the same.
And I further agree and stipulate as aforesaid that I, my heirs, executors, administrators,
assigns, shall and will at all times hereafter at the request of said __________, his heirs,
executors, administrators and assigns at his cost and expense, execute and do all such further
acts and deeds as shall be reasonably necessary for proving said debt and to more effectually
enable him to recover same in accordance with the true intent and meaning of these presents.
IN WITNESS WHEREOF, we have hereunto set our hands on this __ day of ______, 2008 at
the city of _____________.
___________________________
(Assignor)
___________________________
(Assignee)
In the presence of:
______________________
______________________
Acknowledgment
208
LEGAL ETHICS TEAM:


Form 20: Deed of Donation Inter Vivos.

This DEED OF DONATION made and executed in ____________, Philippines, by
_______________, of legal age, single/ married to ______________, Filipino citizen and with
residence and postal address at ________________, hereinafter called the DONOR
-In favor of_____________, of legal age, single/married to ____________, Filipino citizen and with
residence and postal address at ________________, hereinafter called the DONEE
WITNESSETH:
WHEREAS, the Donor is the absolute owner of that certain real property situated at
____________-- and more particularly described as follows:
(Description of Property)
Containing an area of ___ square meters, more or less.
xxx
xxx
xxx
Bounded on the S. along 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the N. along
lines 7-8-9 by Lot 2345 and on the E., along line 9-1 by Lot 3456, all Cad-7890, Manila Cadastre.
xxx
xxx
xxx
NOW, THEREFORE, for and in consideration of the love and affection of the Donor for the
Donee (and for the faithful services the latter has rendered in the past to the former), the said
DONOR by these presents, hereby cedes, transfers and conveys, by way of donation, unto said Donee
the real property above described, together with all the buildings and improvements existing thereon,
free and clear of all liens and encumbrances.
That the Donor hereby states that, for the purpose of giving effect to the donation, he has
reserved for himself in full ownership sufficient property to support him in a manner appropriate to
his needs.
ACCEPTANCE
That the Donee hereby accepts the foregoing donation of the above-described property for
which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberality
shown by the Donor.
IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this _____ day of
______, 2009 at _____________, Philippines.
__________________
Donor
Accepted:
__________________
Donee
Signed in the presence of:
__________________
_______________
JOINT ACKNOWLEDGMENT

209

Form 21: Deed of Donation Mortis Causa.
This DEED OF DONATION made and executed in ____________, Philippines by
_______________, of legal age, single/ married to ______________, Filipino citizen and with
residence and postal address at ________________, hereinafter called the DONOR, in favor of
_____________, of legal age, single/married to ____________, Filipino citizen and with residence and
postal address at ________________, hereinafter called the DONEE
WITNESSETH:
That the Donor is the absolute owner of that certain real property situated at ____________
and more particularly described in Original/Transfer Certificate of Title NO. _____ of the Land registry
of ______, as follows:
(Description of Property)
Containing an area of ___ square meters, more or less.
xxx
xxx
xxx
Bounded on the S. along 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the N. along
lines 7-8-9 by Lot 2345 and on the E., along line 9-1 by Lot 3456, all Cad-7890, Manila Cadastre.
xxx
xxx
xxx
That for and in consideration of the love and affection which the Donor has for the Donee,
said Donor by these presents do hereby cedes, transfers and conveys unto said Donee the real
property above described, together with all the buildings and improvements existing thereon, to
become effective upon the death of the Donor, but in the event that the Donee should die before the
Donor, the present donation shall be deemed rescinded and of no further force and effect.
That the Donee does hereby accepts this donation of the above-described real property and
do hereby expresses gratitude for the kindness and liberality of the Donor.
That the Donor hereby retains the right to rescind the right to control and dispose at will the
above-described property before his death, without need of the consent or intervention of the
Donee.
IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this _____ day of ______,
2009 at _____________, Philippines.
___________________
___________________
(Donor)
(Donee)
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residences are stated opposite our respective
names, do hereby certify: That the donor, ________, has made known unto us the foregoing
donation mortis causa consisting of ____ pages numbered correlatively in letters on the upper part of
each page, as her donation mortis causa and has signed the same and every page therein in the left
margin, in our joint presence and we, in turn, at his request have witnesses and signed the same and
every page thereof, on the left margin, in the presence of the donor and in the presence of each and
all of us.
__________________________
___________________________________________
(name and signature of witness)
(residence)
__________________________
___________________________________________
(residence)
__________________________
___________________________________________
(residence)
210
LEGAL ETHICS TEAM:


C. POWER OF ATTORNEY
Q: How is a General Power of Attorney different
from Special Power of Attorney?
A: A special power of attorney is a very limited
power of attorney as it allows the Attorney-inFact 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
principal would legally be able to do in his name.
Q: What are the parts of a general power of
attorney?
[3]
[4]
[5]
[6]
Appointment operative words

Power
Granting authority operatives
Acknowledgment
Q: What are the parts of a special power of

attorney?
A: VeT-PAP-GA
[1] Venue and Title
[2] Personal Circumstance
[3] Appointment operative words
[4] Power
[5] Granting authority operatives
[6] Acknowledgment
A: VeT-PAP-GA
[1] Venue and Title
[2] Personal Circumstance
Form 22: General Power of Attorney
KNOW ALL MEN BY THESE PRESENTS:

[2] I, ____________, of legal age, Filipino, single/married to ____________, resident of
___________, do hereby [3] name, constitute and appoint ____________, of legal age, Filipino,
single/married, resident of ___________, to be my true and lawful attorney-in-fact, and in my
name, place and stead, to do and perform the following acts, to wit:
[4] (specify general acts that Attorney-in-Fact may do)
[5] GIVING AND GRANTING unto the said Attorney-in-Fact full power and authority necessary to
carry out the acts stated above as fully to all intents and purposes as I might or could lawfully do if
personally present, with full power of substitution, and hereby ratifying and confirming all that my
said attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of
these presents.
IN WITNESS WHEREOF, we have set our hands this __day of __________, 2011, in ___________,
Philippines.
_________________
(Principal)
Conforme:
___________________
(Attorney-in-Fact)
________________
___________________
[6] JOINT ACKNOWLEDGMENT

211

Form 23: Special Power of Attorney

[2] I, ____________, of legal age, Filipino, single/married to ____________, resident of
___________, do hereby [3] name, constitute and appoint ____________, of legal age, Filipino,
single/married, resident of ___________, to be my true and lawful attorney-in-fact, for me and in
my name, place and stead within the period of ____ months (or years), [4] to SELL, TRANSFER and
CONVEY, for the price not less than ___________ PESOS (Php_____), Philippine Currency, to
whosoever may purchase or buy the parcel of land, with (or without) improvements, located in
__________, and more particularly described, to wit:
(copy technical description of property from the TCT)
of which I am the registered owner in fee simple, my title thereto being evidenced by
Transfer/Original Certificate of Title No. _______________, issued by the Registry of Deeds of
_________, free from all liens and encumbrances; and,
[5] HEREBY GIVING AND GRANTING unto the said attorney-in-fact full powers and authority
to do and perform all and every act requisite or necessary to carry into effect the foregoing
authority to sell, as fully to all intents and purposes as I might or could lawfully do if personally
present, with full power of substitution, and hereby ratifying and confirming all that the said
attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, we have set our hands this __day of __________, 2011, in
___________, Philippines.
_________________
(Principal)
Conforme:
___________________
(Attorney-in-Fact)
____________________
______________________
[6] JOINT ACKNOWLEDGMENT
212
LEGAL ETHICS TEAM:


Form 24: Revocation of Power of Attorney

WHEREAS, I, _________________, of legal age, Filipino, single/married to ___________,
resident of _______________, by certain public instrument made and executed in
_______________ on ________________ before ____________, Notary Public for and in the City
of ____________, and bearing Notarial Register No. ___, Page No. ___, Book No. ___, Series of
20__ of his notarial register, did name, constitute, and appoint ______________, resident of
_______________ as my true and lawful ATTORNEY-IN-FACT, for the purpose and with powers
mentioned in the said public instrument.
WHEREAS, the said public instrument or Power of Attorney, was duly registered in the
Office of the Register of Deeds of _______ on ___________, 20__, as per Entry No. ___, Vol.___,
Book___ of said Office.
NOW, THEREFORE, I _______________, by virtue of these presents, hereby REVOKE,
ANNUL, and make VOID the said power of attorney and all powers and authority therein or
thereby given and granted, or intended to be given or granted to said _______________.
IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ______________,
20__, in ______________, Philippines.
_________________
(signature)
_____________________ ______________________
ACKNOWLEDGMENT

213

D. CORPORATION
Form 25: Articles of Incorporation
ARTICLES OF INCORPORATION
OF ___________(Name of Corporation)
The undersigned incorporators, all of legal age and a majority of whom are residents of the Philippines,
have this day voluntarily agreed to form a stock (non-stock) corporation under the laws of the Republic
of the Philippines;
AND WE HEREBY CERTIFY:
FIRST: That the name of said corporation shall be ., INC. (NB: Must end with
Inc., Incorporated, Corp. or Corporated)
SECOND: That the purpose or purposes for which such corporation is incorporated are: (If there is more
than one purpose, indicate primary and secondary purposes);
THIRD: That the principal office of the corporation is located in the City/Municipality of
, Province of .., Philippines;
FOURTH: That the term for which said corporation is to exist is fifty years from and after the date of
issuance of the certificate of incorporation;
FIFTH: That the names, nationalities and residences of the incorporators of the corporation are as
follows:
NAME
NATIONALITY
RESIDENCE
. . .
. . .
. . .
. . .
. . .
SIXTH: That the number of directors of the corporation shall be .; and the names, nationalities
and residences of the first directors or trustees of the corporation who are to serve until their successors
are elected and qualified as provided by the by-laws are as follows:
NAME
NATIONALITY
RESIDENCE
. . .
. . .
. . .
. . .
. . .
SEVENTH: That the authorized capital stock of the corporation is (P.)
PESOS in lawful money of the Philippines, divided into shares with the par value of
.. (P..) Pesos per share.
(In case all the share are without par value):
That the capital stock of the corporation is shares without par value. (In case some
shares have par value and some are without par value): That the capital stock of said corporation
consists of shares of which .. shares are of the par value of
(P) PESOS each, and of which .. shares are without par value.
214
LEGAL ETHICS TEAM:


(Articles of Incorporation: continuation...)
EIGHTH: That the amount of said capital stock which has been actually subscribed is
__________________ PESOS (P________________) and the following persons have subscribed for
the number of shares and amount of capital stock set out after their respective names which
constitutes at least twenty five (25%) per cent of the authorized capital:
Name of Subscriber
Residence Nationality No of Shares Amount Subscribed
. .. ..
..
. .. ..
..
. .. ..
..
. .. ..
..
. .. ..
..
NINTH: That the above-named subscribers have paid at least twenty-five (25%) percent of the total
subscription as follows:
Name of Subscriber
Amount Subscribed Total Paid-In
.. .. .
.. .. .
.. .. .
.. .. .
.. .. .
(Modify Nos. 8 and 9 if shares are with no par value. In case the corporation is non-stock, Nos. 7, 8
and 9 of the above articles may be modified accordingly, and it is sufficient if the articles state the
amount of capital or money contributed or donated by specified persons, stating the names,
nationalities and residences of the contributors or donors and the respective amount given by
each.)
TENTH: That has been elected by the subscribers as Treasurer of the
Corporation to act as such until his successor is duly elected and qualified in accordance with the
by-laws, and that as such Treasurer, he has been authorized to receive for and in the name and for
the benefit of the corporation, all subscription (or fees) or contributions or donations paid or given
by the subscribers or members.
ELEVENTH: That no transfer of stock or interest which shall reduce the ownership of Filipino
citizens to less than the required percentage of the capital stock as provided by existing laws shall
be allowed or permitted to recorded in the proper books of the corporation and this restriction
shall be indicated in all stock certificates issued by the corporation.
TWELFTH: That the incorporators undertake to change the name of the corporation immediately
upon receipt of notice or directive from the Securities and Exchange Commission that another
corporation, partnership or person has acquired a prior right to the use of that name or that the
name has been declared as misleading, deceptive, confusingly similar to a registered name, or
contrary to public morals, good customs or public policy.
IN WITNESS WHEREOF, we have hereunto signed these Articles of Incorporation, this .
day of , 2011 in the City/Municipality of ., Province of
., Republic of the Philippines.
..
..
(Names and signatures of the incorporators WITH Taxpayer Identification Number)

SIGNED IN THE PRESENCE OF:
(Acknowledgment)

215

Form 26: Waiver of Pre-emptive Rights
WAIVER OF PRE-EMPTIVE RIGHTS
We, the stockholders of XXX REALTY DEVELOPMENT, INC. (the Corporation), hereby waive
our right to subscribe to the increase in the authorized capital stock (or additional issuance from the
unissued capital stock, as the case may be) of the Corporation from ONE BILLION PESOS
(P1,000,000,000.00) to TWO BILLION PESOS (P2,000,000,000.00), as approved by at least majority of
the board of directors and stockholders owning or representing at least two-thirds (2/3) of the
outstanding capital stock of the Corporation in meetings both held on ___________________.
Signed this ___ day of ____________, 2011.
_________________________
_________________________
(Signature of Stockholder)
________________________
Form 27: Secretarys Certificate

Republic of the Philippines )
_____________________ ) S.S.
SECRETARYS CERTIFICATE
[1] I, _______________, of legal age, Filipino, single/married with residence at ____________
after having been sworn in accordance with law hereby depose and state that:
1.
I am the corporate secretary of X corporation, a corporation duly organized and

existing under the laws of the Philippines with principal office at ______________;
2.
As such officer of the Corporation, I have custody and access to all the corporate
records of X corporation;
3.
[2]On _______________, the board of directors of X corporation, in a meeting duly

called for the purpose, wherein quorum was present and acted throughout, passed
the following resolution;]
Resolution No. ______________
RESOLVED as it is hereby RESOLVED, that the President, Mr. Jose Cruz,
__________ be, as he is hereby authorized to enter into a Service
Agremeent with Y Corporation
REOLVED FURTHER that Mr. Cruz be authorized to negotiate and
determine the terms and conditions of said Agreement as may be
beneficial to the Corporation, to sign, excute and deliver any and all
documents necessary and desirable and to do such acts and deeds as
may be proper and necessary to implement the foregoing authority.
[3]The above-quoted resolution is still in force and has not yet been revoked by the board
as of this date.
IN WITNESS WHEREOF, I have hereunto affixed my signature and the seal of the
corporation, this ___ day of ____, 2011.
______________________________
(Name & Signature of Secretary)
[4] JURAT
216
LEGAL ETHICS TEAM:


Note: Being regular on its face, a Secretary's
Certificate is sufficient for a third party to rely on. It
does not have to investigate the truth of the facts
contained in such certification; otherwise business
transaction of corporations would become
tortuously slow and unnecessarily hampered.
Q: What does a secretarys certificate contain?

A:
[1] Personal circumstances of the secretary
[2] Date of the Meeting and Resolution of
the Board
[3] Resolutions still in force
[4] Jurat
Form 28: Treasurers Affidavit

PROVINCE OF ______________
CITY/MUNICIPALITY OF_______
S. S.
TREASURERS AFFIDAVIT
[1] I, _________________, of legal age, Filipino, single, after having been sowrn in
accordance with law, hereby depose and state that;
[2] 1. I have been elected by the subscribers as the Corporate Treasurer of
____________________________, to act until my successor has been duly elected and
qualified in accordance with the By-laws of the Corporation.
[3] 2. As such Treasurer, I hereby certify under oath that at least 25% of the authorized capital
stock of the Corporation has been subscribed and that at least 25% of the total subscriptions
has been paid, and received by me in cash, in the amount not less that P5,000.00, in
accordance with the Corporation Code.
[4] 3.The Securities and Exchange Commission and Bangko Sentral ng Pilipinas are hereby
authorized to examine and verify the deposit in the
____________
,
_________________
Branch, in my name as treasurer in trust for
__________________________ in the amount of _______________________________
Pesos (P________________) representing the paid-up capital of the said corporation which is
in the process of incorporation. This authority is valid and inspection of said deposit may be
made even after the issuance of the Certificate of Incorporation to the corporation. Should
the deposit be transferred to another bank prior to or after incorporation, this will also serve
as authority to verify and examine the same. The representative of the Securities and
Exchange Commission is also authorized to examine the pertinent books and records of
accounts of the corporation as well as all supporting papers to determine the utilization and
disbursement of said paid-up capital.
In case the paid-up capital is not deposited or withdrawn prior to the approval of
the Articles of Incorporation, I, on behalf of the above named corporation, waive our right to
a notice and hearing in the revocation of our Certificate of Incorporation.
___________________________
(Treasurers name & signature)
[6] JURAT
Note: The following are parts of a treasurers affidavit:
[1] Name of treasurer
[2] Election as treasurer
[3] Certification as to amount of subscription received (25%-25% rule)
[4] Authority to examine account
[6] Jurat
217

E. PARTNERSHIP
Form 29: Articles of General Partnership
ARTICLES OF PARTNERSHIP OF
______________________________________
KNOW ALL MEN BY THESE PRESENTS
[1] These Articles of Partnership made and executed by and among;
__________, (citizenship), residing at _______________________;
__________, (citizenship), residing at _______________________; and
__________, (citizenship), residing at _______________________; all of legal age,
WITNESSETH:
[2] They have formed a partnership among themselves under the name and style of
_________________.
[3]The purposes for which said partnership is formed are:
(here state purposes of the firm)
[4]The principal office for which said partnership shall be located is at _________________;
[5]It is hereby stipulated that ________________ shall be the partner upon whom the
management of the firm and the use of its signature shall be entrusted; that he shall exercise such
powers necessary to attain the purpose of this partnership, including the power to draw drafts, bills
of exchange and other negotiable instruments and accept the same the same for in the name of the
firm; to appoint and dismiss employees and to fix their tenure and compensation; to deposit money
in banks and with the counter-signature of the Treasurer, withdraw the same for purposes of the
partnership; and (others).
[6]The term of existence of this partnership shall be ___ years commence from and after the
execution of these articles;
[7]The capital of the partnership as contributed by the partners is as follows, to wit:
__________________ Php______;
__________________ Php______;
Thereby making a TOTAL CAPITAL of Php______;
[8]The profits and losses shall be divided share and share alike among the partners of the
partnership (or in proportion to their respective capital);
The treasurer shall be ___________________;
[9]The managing partner is hereby given a salary of _____________PESOS (Php________)
per month;
[10]If during the term of the partnership, any of the partners shall die, the partnership shall
continue among the surviving partners, unless one of the latter expressly requests for dissolution.
IN WITNESS WHEREOF, the parties have hereunto set their hands, this ___day of _______,
2011, in _____________, Philippines.
_______________________
_______________________
_______________________
(Name and Signature of
partners)
___________________
___________________
[11]JOINT ACKNOWLEDGMENT
218
LEGAL ETHICS TEAM:


Q: What are the contents of an Articles of
Partnership?
A: PeN-POM-TeCa-DiSa-Dis-Jack
[1] Personal circumstances of the partners
[2] Name of partnership
[3] Purposes of partnership
[4] Principal Office address
[5]
[6]
[7]
[8]
[9]
[10]
[11]
Managing partner and duties

Term of existence
Capital contribution of each partner
Division of profits
Salary of managing partner
Dissolution of partnership
Joint Acknowledgment
Form 30: Articles of Limited Partnership

ARTICLES OF PARTNERSHIP OF
______________________________ LTD
[1] These Articles of Partnership made and executed by and among:
__________, general partner, (citizenship), residing at __________;
__________, general partner, (citizenship), residing at __________ ;( and)
__________, general partner, (citizenship), residing at __________; all of legal age,
WITNESSETH:
[2]That above-named partners have formed a limited partnership among themselves
under the name and style of _________________Ltd;
[3]That the purposes for which said partnership is formed are;
(state the object or character of the business);
[4]That the principal place of business of the partnership shall be at__________;
[5]That the term for which the partnership is to exist shall be ___ years from and after
the execution of this agreement;
[6]That the capital of this partnership shall be ____PESOS (Php__________), Philippine
currency, contributed by the partners, as follows, to wit:
_____________ (general partner).. Php_______________;
_____________ (limited partner)... Php_______________; and
_____________ (limited partner) Php_______________;
[7]That ___________, general partner, is hereby designated the manager of the
partnership, with a monthly salary of Php_______________;
[8]That the profits and losses shall be apportioned among the partners of the
partnership___________ (state in what proportion they shall share in the profits and in the
losses).
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this ____ day
of ___________, 2011, in ___________________, Philippines.
_______________________
_______________________
(Name and Signature of partners)
__________________
_________________
[9]JOINT ACKNOWLEDGEMENT
219

Q: What are the parts of the articles of limited
partnership?
A: PNP-PrinTeC-DDJ
[1] Personal circumstances of partners
[2] Name of limited partnership should
always be accompanied by LTD after the
name
[3]
[4]
[5]
[6]
[7]
Purposes of limited partnership

Principal place of business
Term of existence
Capital contribution
Designation and salary of general
partner
[8] Division of profits
[9] Joint Acknowledgment
F. NEGOTIABLE INSTRUMENTS
Form 31: Promissory Note.
(Date)
P _________
_______________, Philippines
_____________ month (or days) after date, I promise to pay, for value received, to
_______________ or order the sum of ________________ Pesos, with interest at ____ per centum
per annum until fully paid. The makers and endorsers severally waive presentment for payment,
protest and notice of non-payment of this note.
________________
(Maker)
Form 32: Bill of Exchange.

Manila, August ____, 2011
For value received, pay to ______ (name of payee) or order the sum of ______
(Php________) pesos, Philippine Currency, and charge the same to the account of _______ (name of
drawer).
___________________
(Name & Signature of
Drawer)
To: (Name of Drawee)
(Address)
G. WILL
Form 33: Holographic Will .
(Date)
I, _____________________, of ________________, being of sound and disposing mind, do
hereby declare this to be my last will and testament which I have written in my own handwriting in
English, a language known to me, and I hereby declare that all my properties shall upon my death be
distributed to my wife ______________ and to my only child ____________ share and share alike.
______________________
(Name & Signature)
Note: A holographic will1. Should be entirely written, dated and signed by the hand of the testator (Art. 810, NCC)
2. Need not be acknowledged or subscribed before a notary public
3. For purposes of its PROBATE, it is better that the signature of the testator of a holographic will be
witnessed by at least three (3) witnesses. (Art. 811, NCC)
220
LEGAL ETHICS TEAM:


Form 34: Notarial Will .
Last Will and Testament

Of
____________________
I, ____________, of legal age, Filipino, single/ married to ____________, a native of
_______________, now actually residing at _____________, being of sound and disposing mind and
memory, and not acting under influence, violence, fraud or intimidation of whatever kind, by these
presents declare this to be my Last Will and Testament which I have caused to be written in English,
the language which is known to me and I hereby declare that:
The following are my children and their addresses:
(names and addresses)
I give and bequeath to my children ___________, _____________, and ______________, in equal
shares, the following properties, real and personal, whatsoever and wheresoever located:
(Description)
I designate _______________ as the sole executor of this Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ________, 2011, in
____________, Philippines.
__________________
(Signature of testator)
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residences are stated opposite our
respective names, do hereby certify: That the donor, ________, has made known unto us the
foregoing donation mortis causa consisting of ____ pages numbered correlatively in letters on the
upper part of each page, as her donation mortis causa and has signed the same and every page
therein in the left margin, in our joint presence and we, in turn, at his request have witnessed and
signed the same and every page thereof, on the left margin, in the presence of the donor and in the
presence of each and all of us.
__________________________
__________________________
__________________________
___________________________________________
(residence)
___________________________________________
(residence)
___________________________________________
(residence)

221

(Notarial Will: continuation)

City of ___________
) s.s.
At the City of __________, on this ___ day of (month and year), personally appeared the
Testator X, and his three (3) instrumental witnesses to wit: AB, BC and CD, all known to me to be
the same persons who executed and attested, respectively, the foregoing Last Will and Testament,
consisting (number of pages), including this page on which this acknowledgment is written, and they
all acknowledged to me that the Testator signed the will and every page thereof on the left margin in
the presence of the instrumental witnesses, that the latter signed and witnessed the will on every
page thereof on the left margin in the presence of the testator and of one another ; that all the pages
of said will are numbered correlatively in letters placed on the upper part of each page, and that the
attestation clause is in English, a language known to the instrumental witnesses; they further
acknowledged to me that the said will and attestation are their own free and voluntary act and deed.
The community tax certificates and competent evidences of identities of the said Testator and three
(3) instrumental witnesses were exhibited to me, to wit:
Com. Tax Cert.
Date and
No.
Place of Issue
Sr. Citizen
I.D. No.
Place of
Issue
WITNESS MY HAND AND SEAL at the place and date first above stated.
NOTARY PUBLIC
For the City of ________
Commission serial no. __
Until December 31, 200__
Office address _________
Roll No._______________
PTR OR No. ___________
issued at ______________
on ________________
IBP Membership No. ____
Doc. No.___
Page No.___
Book No. ___
Series of 200__
Note: A notarial will must be1. In writing

2. In a language or dialect known to the
testator
3. Subscribed at the end by the testator or by
testators name written by a person in its
presence
4. Attested and subscribed by at least three
instrumental witnesses
222
5.
6.
7.
8.
Testator and witnesses must sign in each and

every page thereof, except the last page, on
the left margin
Pages should be numbered correlatively in
letters on the upper part of each page
Attestation clause
Acknowledged before a notary public (Art.
797, 798, 802, 819, NCC)
LEGAL ETHICS TEAM:

Legal Forms judicial forms
Q: Is oath similar from an affidavit?
III. JUDICIAL FORMS
Note: All judicial forms have one mold or pattern.

The parts of a typical judicial form are:
A: No. An affidavit consists of statement of fact

which is sworn as to the truth, while an oath is a
pledge. (Suarez, 2007)
Q: Who is an affiant?
[1] Caption
[2] Title
[3] Introduction
[4] Body
[5] Relief
[6] Attorney
[7] Plus or addendums
A: It refers to a person who signs an affidavit and

swears to its truth before a Notary Public or some
person authorized to take oath.
Q: What are the parts of a typical sworn
statement or affidavit?
A. AFFIDAVITS
A:
Q: What is an Affidavit?
A: It is an ex parte statement in writng made
under oath before a notary public or other officer
authorized to administer oaths, about facts which
the affiant either knows of his personal
knowledge or is aware of to the best of his
knowledge. (Khan, Jr.,2007)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
Venue
Title
Person
Oath
Statement
Signature
Jurat
Form 35: Affidavit

[1] REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA ) SS.
[2] AFFIDAVIT
[3] I, HENRY ROBLES, of legal age, married, residing at 5 V.G. Cruz, Sampaloc, Manila, [4]
state under oath that:
[5] 1. I am a licensed physician.
2. I examined accused Raul Ramos at 5 p.m. today and found him suffering from
intestinal flu for which I prescribed medicine and bed rest for three days.
[6] HENRY ROBLES
Affiant
[7] SUBSCRIBED AND SWORN to before me in the City of Manila, Philippines, this 10th
day of July, 2011. I have identified affiant through his LTO Driver's License No. N10-68-034785
dated May 22, 2011.
Name _______________________
Notary Public for (City/ Province)
Office Address of Notary Public
Appointment No. _______ until (date)
Roll of Attorney No.
PTR No.__, __ (date and place of issue)
IBP No. __, __ (date of issue) (chapter)
Serial No. of Commission_____
Doc. No._____;
Page No. ____;
Book NO.____;
Series of 2011.
223

Form 36: Affidavit of Merit
substantial and not merely technical nature and

stating the facts constituting the same.
Q: What is an Affidavit of Merit?

Note: In executing an affidavit, the affiants primary
qualification is that he has knowledge of the facts
which he states, and the truth of which he affirms.
(Suarez, 2007)
A: It is an affidavit which states that the

defendant has a meritorious defense of a

CITY OF MAKATI
) s.s.
AFFIDAVIT OF MERIT
I, ___________, of legal age, Filipino and resident of _______________, after being duly
sworn to in accordance with law, hereby depose and state that:
1.
I am the Petitioner in the case entitled ___________docketed as Civil/ Criminal Case

No._______ and pending before the Regional Trial Court;
2.
I have caused the preparation of the Motion for Reconsideration to which this
affidavit is attached;
3.
I have read the allegations contained therein and I hereby state that the same is true
and correct of my personal knowledge and based on authentic records;
4.
I have received a copy of the resolution of the Regional Trial Court dismissing my
petition for failure to prosecute for an unreasonable length of time;
5.
The reason for my failure to proceed with the steps necessary for my case was due to
the fact that my counsel, Atty. _____ was admitted in the National Kidney Institute for
an emergency operation;
6.
The partners of my lawyer were not able to handle my case because of their individual
work load and hectic schedule;
7.
The foregoing circumstance that led to the dismissal of my petition constitute mistake
and/or excusable negligence which ordinary prudence could not have guarded against
and by reason of which I have been impaired of my rights, especially because a
judgment was rendered by the court without affording me the chance to present my
evidence;
8.
I voluntarily execute this Affidavit of Merit to attest to the truth of the foregoing facts
and in order to support the grounds in my Motion for Reconsideration as it really
shows that the same is meritorious and in order that the Order or Judgment rendered
against me be reconsidered and set aside and a new one be issued reinstating the
instant case.
Affiant adds nothing more at this time.

August 1, 2011, Makati City
___________________
(Affiant)
(JURAT)
224
LEGAL ETHICS TEAM:

Legal Forms judicial forms

Form 37: Affidavit of Good Faith
Q: What is an Affidavit of Good Faith?
A: A certificate included in the chattel mortgage
contract executed by both the mortgagor and
mortgagee that the mortgage is constituted to

secure the specified obligation, and that the said
obligation is a valid, just and subsisting obligation
and not one entered into for the purpose of
fraud. (Sec. 5, Chattel Mortgage Law)
We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing
chattel mortgage is made and executed for the purpose of securing the obligation specified therein, and
for no other purpose and that the same is a just and valid obligation and one not entered into for
purposes of fraud.
August 1, 2011, Makati City.
______________
(Mortgagor)
_____________
(Mortgagee)
(JURAT)
B. MOTIONS
need to give an explanation why personal filing or

service could not be done.
Q: What is a motion?
A: A motion is an application for relief other than
by a pleading. (Sec. 1, Rule 15)
Note: A motion shall state the relief sought to be
obtained and the grounds upon which it is based,
and if required by the Rules or necessary to prove
facts alleged therein, shall be accompanied by
supporting affidavits and other papers. (Sec. 3,
Rule 15, RRC)
Note: The plus for a motion is the notice of hearing
(mandatory if the motion is a litigated motion). If
filing of a pleading or service of its copy on adverse
party is done by registered mail, another plus is the
Q: What are the parts of a motion:

[1] Caption
[2] Title of the case
[3] Body of the motion
Note: The body of a motion usually has two
parts:
a. The ground for the motion
b. The argument in support of the motion
[4]
[5]
[6]
[7]
Prayer
Place, date and signature
Notice of Hearing
Proof of Service

225

Form 38: Motion for Judgment on the Pleadings
[1] Republic of the Philippines

National Capital Judicial Region
Branch ___
Manila
[2] A,
Plaintiff,
- versus-
Civil Case No. ___
B,
Defendant,
X- - - - - - - - - - - - - - - -x
Plaintiff, by counsel, respectfully states that:
[3] 1. In the answer of the defendant filed on _________--- he admitted having signed the
promissory note and merely interposed the defense that he was asking for time within which to pay
the obligation;
2. Said answer does not tender any issue and in fact it can be read therefrom that
defendant admitted his obligation.
[4] WHEREFORE, it is respectfully prayed that this Honorable Court render judgment on the
pleadings.
[5]________ City, Philippines, this _____ day of _______2011 .
Name ____________________________
Office Address ____________________
Roll of Attorney No. ________________
PTR No.___, ___ (date and place of issue)
IBP No. ____, ___ (date of issue) (chapter)
MCLE Compliance No.
[6] NOTICE OF HEARING
[7] PROOF OF SERVICE (affidavit of service by mail)
EXPLANATION
Following the above format, the body and prayer for other types of motions should be as follows:
Form 39: Motion to Declare Defendant in Default
1. Plaintiff filed this Complaint against defendant on _________; summons were served on
defendant on _________ as indicated by the Sheriffs return of even date, a copy of which is attached
as Annex A;
2. Defendants reglementary period to file Answer ended on ________; no motion for
extension of such period was filed nor was any granted motu propio by this Honorable Court. Despite
the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a
declaration of default and the right to present evidence ex parte against defendant.
WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that
plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner.
226
LEGAL ETHICS TEAM:

Legal forms - judicial form

Form 40: Motion to Lift Order of Default
Note: A motion to lift an order of default based on FAME, should be accompanied by an affidavit of merits. However
if it is grounded on the very root of the proceedings, i.e. invalid service of summons, affidavit of merits is not
necessary.
1. That ten (10) days after the summons of the complaint was received by this defendant,
she filed a motion to dismiss;
2. That plaintiff had not filed any opposition to said motion and no hearing was held on said
motion to dismiss;
3. That while the said motion to dismiss was still pending, this Honorable Court declared
defendant in default; and
That said order declaring defendant in default is premature and without legal basis since there is still
a pending motion to dismiss.
Form 41: Motion for Postponement of Hearing

Note: For a motion to postpone trial on the ground of illness by a party or counsel, the following must appear in
an affidavit or sworn certification:
1.
2.
The appearance of counsel or party is indispensable

The illness is such as to render his non-attendance excusable (Sec. 4, RRC)
1. That the above-entitled case is set for hearing on __________;

2. That counsel for defendant is afflicted with chicken pox and is now under the medical
care of Dr. ________. A copy of the physicians certificate under is hereto attached;
WHEREFORE, it is respectfully prayed that the hearing set for ___________ be reset to
another day preferably on the first week of June 2010 or at the convenience of this Honorable
Court.
Form 42: Motion to Dismiss
Defendant, by counsel, respectfully moves that the complaint be dismissed on the following
grounds:
(Here mention one or more grounds provided for in Rule 16, Rules of Court: Lack of Jurisdiction,
Payment; Novation; Prescription; lack of Capacity)
ARGUMENTS
(Here set forth the reasons in support of the grounds mentioned)
PRAYER
WHEREFORE, it is respectfully prayed that the complaint be dismissed.

227

Form 43: Motion to Intervene
NAME, by counsel, respectfully prays that he be permitted to intervene in this case as a party
plaintiff/party-defendant on the ground that he has legal interest in the matter under litigation and
that he may be adversely affected in these proceedings as shown in the attached Complaint-inIntervention/ Answer-in-Intervention.
WHEREFORE, it is respectfully prayed that ______________ be allowed to intervene as party
plaintiff/ party defendant and the attached complaint or answer in intervention be admitted and that
herein intervenor be allowed to serve copy of the same to the plaintiff/defendant.
Form 44: Motion for New Trial

Note: Grounds for filing a Motion for New Trial include:
1. Fraud
2. Accident
3. Mistake
4. Excusable negligence
5. Newly discovered evidence which with reasonable diligence have discovered and produced at the trial,
which if presented will alter the results.
Defendant/Plaintiff, by counsel, respectfully moves that the decision of this Honorable Court dated
_________ and received on _________ be set aside and new trial be granted on the following
grounds:
(Here give the grounds provided for in Rule 37, Rules of Court; such as fraud, accident, mistake, or
newly discovered evidence or excessive damages awarded)
ARGUMENTS
(Here set forth the reasons in support of the ground/s mentioned)
WHEREFORE, it is respectfully prayed that the decision of this Honorable Court be set aside
and new trial be granted.
Form 45: Motion for Extension
1. That on _____ he received a copy of a summons in the above-entitled case, with a copy of a
summons in the above-entitled case, with a copy of the complaint attached thereto, giving him a
period of fifteen (15) days within which to file his answer, or until _______;
2. That considering the numerous causes of actions raised in the complaint, and the other
equally important cases which require the almost daily attendance in court by the under-signed, he
may not be able to file the defend-ants answer by ____ and would require an additional fifteen (15)
days from that day or until ______ within which to file the requisite answer;
3. That this motion is filed solely for the above reason and is not interposed for delay.
PRAYER
WHEREFORE, it is respectfully prayed that the defendant be given an extension of time of fifteen (15)
days from ______ or until _______ within which to file defendants answer to the complaint. Other
just and equitable reliefs are also prayed.
228
LEGAL ETHICS TEAM:


Form 46: Motion for Bail
1. That the defendant is presently in custody of the law for the alleged commission of a
capital offense and is being detained at ____________;
2. That no bail has been recommended for his temporary release on the assumption
that the evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is strong is on the prosecution and
unless this fact is satisfactorily shown, the defendant may be granted bail at the courts
discretion.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant
be admitted to bail in such amount as this Honorable Court may fix.
Form 47: Motion to Quash
Accused, by counsel, respectfully moves to quash the information filed against him on
the ground that:
Lack of Jurisdiction
Prescription
Facts alleged do not constitute an offense, etc.
ARGUMENTS
(Here set forth the reasons in support of the motion to quash)
WHEREFORE, it is respectfully prayed that the information filed against the accused be
dismissed.
Form 48: Demurrer to Evidence
Accused, __________________, through counsel, and pursuant to leave granted by this Honorable
Court, in its order dated _____________ respectfully submits this motion to dismiss by way of
demurrer to evidence and alleges that:
THE INDICTMENT
THE EVIDENCE FOR THE PROSECUTION
ARGUMENTS
(why the case should be dismissed; insufficiency of evidence should be among those enumerated
showing why the same is insufficient)
WHEREFORE, it is respectfully prayed that the case against the accused be dismissed.

VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
229

C. COMPLAINT
Forum 49: Complaint
COMPLAINT
Plaintiff, by counsel, respectfully alleges:
1. That the plaintiff is of legal age, single and a resident of ______, while the defendant is
of legal age, single and a resident of _______ where he may be served with summons;
2. That on _______ (date), defendant obtained a loan from the plaintiff in the amount of
________ pesos (Php__________) for which he executed and delivered to plaintiff a promissory
note, a copy of which is hereto attached as Annex A, and made part of this complaint, to wit:
(copy promissory note)
Date_____________
P___________
__________ after date, I ______, promise to pay to the order of _______, the sum of
________ pesos (Php_____________).
____________
Maker
3. That despite the lapse of the period for the payment of the amount stated in said note,
defendant has not paid the same, or any part thereof or interest thereon;
WHEREFORE, it is respectfully prayed that judgment be rendered in favor of plaintiff and

against defendant for the sum of _____________ (total sum of the promissory notes) pesos
(Php________) with interest at the rate of twelve per centum (12%) per annum on each of the
aforesaid notes, until paid; interest at the legal rate on the interest due from the time of the filing
of the complaint and attorneys fees plus costs.
Such other reliefs as may be just and equitable under the premises are likewise prayed for.
________ City, Philippines, this _____ day of _______2011.
Name ____________________________
Office Address ____________________
IBP No. ____, ___ (date of issue) (chapter)
VERIFICATION with CERTIFICATION OF NON-FORUM SHOPPING
230
LEGAL ETHICS TEAM:


Following the above format, the body and prayer for other types of Complaints should be as follows:
1. That the plaintiff and the defendant are both of age and residents of _____________;
2. That the said parties are co-owners, by virtue of intestate inheritance from their
deceased parents, of certain real properties located in ______________, more particularly
described as follows, to wit:
(description of the estate which partition is demanded)
3. That the plaintiff desired that the above real estate be partitioned between the plaintiff
and the defendant;
4. That the plaintiff has requested of the defendant that the above-described real estate
be amicably partitioned between them by mutual agreement, but said defendant refused and
continued to refuse to do so.
WHEREFORE, it is respectfully prayed:
1. That after due hearing, the partition of the above-described real estate be ordered
between the plaintiff and the defendant, share and share alike;
2. That the costs and expenses of these proceedings be taxed solely against the
defendant.
3. Other reliefs just and equitable under the premises are likewise prayed for.
Form 50: Complaint for Unlawful Detainer

1. That Plaintiff is married, Filipino citizen and residing at _________-- where he may be
served with court processes, motions and decisions while defendant is a Filipino citizen, married
and residing at _______ where he may be served with summons and other court processes;
2. That plaintiff is the owner of a land over which an apartment had been constructed,
located at ______;
3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid
apartment for a consideration so _______________ (Php__________________) a month as
rental to be paid within the first ten (10) days of each month starting______ (date);
4. That defendant failed to pay the agreed rental for several months starting from ______
up to present;
5. That on ______, plaintiff sent a letter of demand to vacate the apartment which was
received by the defendant as shown in the registry return receipt hereto attached;
6. That despite said letter of demand which was repeated by oral demands defendant
failed and still refused to pay the agreed rentals and to vacate the apartment;
7. That by reason of the failure of the defendant to vacate the premises and to pay the
unpaid rentals, plaintiff was compelled to file this complaint engaging the services of counsel in
the amount of ______;
WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defendant
to vacate the premises to pay the unpaid monthly rentals in the amount of ______ and further
rentals until the said defendant fully vacates the premises and to pay the costs of the suit.
Plaintiff prays for such other reliefs, as the Honorable Court may deem just and equitable
under the premises.
231

Form 51: Complaint for Replevin
1. That both the plaintiff and the defendant are of age and residents of ______________;
2. That said plaintiff is the lawful owner of a personal property, namely, _____________,
valued at _____________ and more particularly described as follows:
(description of property)
3. That on or about the ____ day of _____, herein defendant borrowed said property from
Plaintiff promising to return the same the next day;
4. That on _____, and for ten (10) days thereafter, the herein Plaintiff demanded for the
return of the said property but despite repeated demands, said Defendant refused and still refuses
the said property claiming that the same belongs to him;
5. That plaintiff, in accordance with the Rules of Court, hereby applies for an order for the
delivery of said ________________- and hereby files the necessary affidavit and bond hereto
attached, as Annex A and Annex B, respectively, and made integral parts of this application and
complaint;
6. That the herein plaintiff is ready and willing to file a bond, executed to the defendant in
double the value of the property stated above, for the return of the property to the Defendant if the
return thereof be adjudged and for the payment to the Defendant of such sum as he may recover
from the Plaintiff in the action.
1. That the property in question be ordered delivered to the plaintiff or if material delivery
be not possible, that defendant be ordered to pay the plaintiff its actual value, namely the sum of
_________.
2. That the defendant be made to pay the costs of this suit, and plaintiff be granted such
other equitable relief consistent with law and equity.
232
LEGAL ETHICS TEAM:


Form 52: Complaint for Interpleader
CAPTION AND TITLE

COMPLAINT
1. Averment of names, personal circumstances and residences of the parties;
2. That on December 18, 2000, XYZ took a life insurance policy for P2 million from the
plaintiff and that the primary beneficiary designated was simply wife;
3. That said XYZ died intestate on June 30, 2008;
4. That both defendants, claiming to be the wife of XYZ, filed their respective claims with
the plaintiff;
5. That the plaintiff is ready, willing and able to pay the proceeds of such insurance policy,
however, it has no means of knowing definitely to whom as to the two defendants
payment should be made;
6. That defendants should interplead and litigate their conflicting claims to the insurance
proceeds.
PRAYER
WHEREFORE it is respectfully prayed that judgment issue:
1. Ordering defendants to interplead and litigate their conflicting claims between them;
2. Ordering the deposit with this Honorable Court the insurance proceeds and that the plaintiff
be discharged from whatever claims that may be had against it relative to the life
insurance policy of XYZ.
Other just and equitable reliefs are also prayed.
PLACE AND DATE
COUNSELS NAME,
ADDRESS, etc.
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
D. ANSWER
Q: What is an answer?
A: An answer is a pleading in which a defending
party sets forth his defenses. (Sec. 4, Rule 6, RRC)
Q: What does the body of an answer contain?
A: The body of an answer usually has three parts
1.
2.
3.
The admissions and denials,

The special and affirmative defenses,
The counterclaim.
Note: The plus in an answer is a statement of copy

furnished the adverse party. When an actionable
document has to be denied, verification has to be
added to the answer. If it includes a permissible
counterclaim, a certification of non-forum shopping
must also be added.

233

Form 53: Answer with Special and Affirmative Defenses and Counterclaim
ANSWER
Defendant, by counsel, respectfully alleges:
1. Defendant admits the averment in paragraph 1, 2 and 3 of the complaint;
2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth
being that (state here the fact being claimed by the defendant as the true state of facts or the
truth being those stated in the special and affirmative defenses herein set forth);
3. Defendant has no knowledge or information to form a belief as to the truth of the
averment on paragraphs 5, 6, 7 and 8 of the complaint;
By way of special and affirmative defenses, defendant avers:
4. (state defenses, e.g. that the obligation has already been paid)
By way of counterclaim, defendant alleges:
Form 53: Complaint
for Ejectmente.g. attorneys fees at Php50,000.00)
5. (state counterclaim,
WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be
awarded the amount of _________________ pesos (Php____________). Other reliefs just and
equitable under the premises are likewise prayed or.
Name ____________________________
Office Address_____________________
IBP No. ____, ___ (date of issue)
(chapter)
MCLE Compliance No. _______________
Copy furnished:
_________________________________
Name and Address of adverse counsel
PROOF OF SERVICE (affidavit of service by mail)
EXPLANATION
234
LEGAL ETHICS TEAM:


Following the above format, the body and prayer for other types of Answer should be as follows:
Form 54: Answer with Third Party Complaint
1. He admits the allegations contained in paragraph 1 of the complaint;

2. He admits paragraphs 3 and 4 of the complaint;
3. He admits partially the allegations of paragraph 3 of the complaint in the sense that he
signed a promissory note for five thousand (Php5,000.00) pesos, but he qualifies his admission in
the sense that not a single centavo of the loan was used by him, he being only an accommodation
maker;
4. He admits that the loan is now long overdue but he specifically denies that he has failed
and refused to pay the same, because he did not get anything out of the loan, as it was Jose Maximo
who pocketed the whole amount of said loan;
5. He admits that he has not paid any interest on said loan, because he had no obligation of
paying said interest, the whole amount having accrued to the benefit of Jose Maximo;
6. He specifically denied the allegation s of paragraph 7 of the complaint, because his failure
to pay the loan is not justified nor was there any refusal on his part;
7. He has no knowledge or information to form a belief as to the truth of paragraph 8 of the
complaint and therefore, he specifically denies the same.
BY WAY OF THIRD-PARTY COMPLAINT, he alleges:
1. Third-party plaintiff is of legal age, married and with residence and postal address at
________________;
2. Defendant Jose Maximo is likewise of legal age, and he may be served with summons at
_____________;
3. (here state the circumstances how Jose Maximo got involved)
BY WAY OF SPECIAL AND AFFIRMATIVE DEFENSES TO THE COMPLAINT, defendant alleges:
1. The complaint states no cause of action, because the obligation has been satisfied, for, on
___________, the plaintiff proceeded before the notary public _______________ for the sale of the
100 shares of stock put up as collateral of the loan mentioned in Annex A of plaintiffs complaint;
2. Defendant was only an accommodation maker, as may be seen from the promissory note
itself that the amount of Php5,000.00 was credited to Jose Maximo which reads as follows: Please
credit Php5,000.00 to Jose Maximo;
WHEREFORE, it is most respectfully prayed that judgment be rendered as follows:
1. Dismissing plaintiffs complaint for failure to state a cause of action, the obligation having
been fully satisfied;
2. Ordering the plaintiff to pay the costs, and granting unto defendant such other remedy
which this honourable Court may deem proper.
ON THE THIRD-PARTY COMPLAINT
1. That summons be issued against third-party defendant, Jose Maximo;
2. That after sue hearing, he be sentenced to pay the defendant whatever amount this Honorable
Court may order him to pay unto the plaintiff;
3. That he be ordered to pay unto third-party plaintiff the sum of Php5,000.00 as and for attorneys
fees;
4. That Jose Maximo be ordered to pay the costs; Third-party plaintiff prays for such other relief that
may be reasonable in the premises.

235

Form 55: Answer with Specific Denial of Document Under Oath
THAT defendant, by counsel,,specifically denies under oath the genuineness and due
execution of the instrument a copy of which is attached to Plaintiffs complaint as Annex A, the
truth being that his signature thereon is forged and that he did not in fact sign the said instrument.
E. PETITIONS
Form 56: Petition for Adoption
CAPTION/TITLE
PETITION
PETITIONERS, by counsel, respectfully state that:
1. Petitioners are husband and wife, both of legal age, and residents of _________;
2. They have no legitimate children of their own and desire to jointly adopt a minor named
_______________, ______ years old, the legitimate child of _______;
3. The parents of the minor are not insane, intemperate and are in full possession of civil
capacity; they have not abandoned the minor child. With full knowledge of petitioners intention
they have expressly given their written consent to the adoption, as shown by their statement, a
copy of which is attached as ANNEX A;
4. Petitioners are qualified to adopt the minor and are financially capable of supporting the
minor; they are also morally qualified to bring up and educate the said minor;
WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor
adjudging the minor child _______ freed from all legal obligations of obedience and maintenance
with respect to his/her natural parents and that he/she be declared to all legal intents and purposes,
the child of herein petitioners and that his/her surname be changed to that of the petitioners.
________ City, Philippines, this _____ day of _______2011
Name _______________________________
Appointment No. _____________________
Roll of Attorney No. ___________________
PTR No.____, ____ (date and place of issue)
IBP No. ____, ____ (date of issue) (chapter)
Office Address________________________
Email Address ________________________
Contact No. __________________________
MCLE Compliance (or Exemption) No._____
VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING
236
LEGAL ETHICS TEAM:


Following the above format, the body and prayer for other types of Petitions should be as follows:
Form 57: Petition for Guardianship
Q: What shall the petition contain?
6.
A:
1.
2.
3.
4.
5.
Jurisdictional facts
Personal circumstance of the ward
Ground for guardianship
Death of parents of the minor or
termination or suspension of parental
authority
Remarriage of minors surviving parent
7.
8.
9.
Personal circumstances of the relatives of

the minor within the fourth civil degree
and reasons having himself the care and
custody
Probable value, character and location of
property
Personal circumstances of the prospective
guardian
Verification and certification of non-forum
shopping
1. That he is the father of the minor _____;

2. That minor _____ is presently a resident of the City of _____;
3. That minor ______ is the owner of a parcel of land located in the City of Manila valued at
________ pesos (Php_______) and as such minor can make no transactions regarding the same;
4. That the nearest of kin of minor _____ are the following:
(here mention the nearest kin and their addresses)
5. That due to the minority of the said ______, it is necessary and convenient that a guardian
over his person and property be appointed;
6. That, as above states, _______ is the person having the said minor in his care, and that he
possesses all qualifications of a person to whom letters of guardianship should issue.
(furnish a bond of not less than 10% of the value of the property or annual income if it exceeds
P50,000.00)
WHEREFORE, it is respectfully prayed that, after due notice and hearing, petitioner be
appointed guardian over the estate of ______.
Form 58: Petition for Habeas Corpus

Q: What is habeas corpus?
A: This is a writ directed to a person detaining
another and commanding him to produce the
body of the prisoner at a certain time and place
and to state the cause of his capture and
detention. Habeas corpus is a remedy to relieve
persons from unlawful restraint.
Q: Who files the petition for writ of habeas

corpus?
A: it is filed by the party for whose relief it is
intended, or by some person on his behalf.
1. That he is the father of Y, who is presently in the custody of Z, maternal grandmother of Y,

who (Z) forcibly abducted him (Y) and up to now actually restrains him (Y) of his liberty;
2. That despite demands, Z refuses to turn over the custody to petitioner;
WHEREFORE, it is respectfully prayed that an order be issued to Z to bring the minor to this
Honorable Court at the hour and date to be set by this Honorable Court, and thereafter that the
custody of the minor Y be turned over to the petitioner.

237

Form 59: Petition for Writ of Amparo
Q: What is writ of amparo?
3.
A: It is a remedy available to any person whose

right to life, liberty and security is violated or
threatened with violation by an unlawful actor o
omission of a public official or employee, or fo a
private individual or entity. The writ shall cover
extralegal killings and enforced disappearances or
threats thereof. (Sec 1, Rule on the Writ of
Amparo)
Q: Who may file?
A: It may be filed by the aggrieved party or by any
qualified person or entity in the following order:
1. Any member of the immediate family,
namely, the spouse, children and parents
of the aggrieved party
2. Any ascendant, descendant or collateral
relative of the aggrieved party within the
fourth civil degree of consanguinity or
affinity, in default of those mentioned in
the preceding paragraph
Any concerned citizen, organization,

association or institution, if there is no
known member of the immediate family
or relative of the aggrieved party. The
filing of a petition by the aggrieved party
suspends the right of all other authorized
parties to file similar petitions. Likewise,
the fling of the petition by an authorized
party on behalf of the aggrieved party
suspends the right of all others, observing
the order established herein. (Sec. 2, Writ
of Amparo)
Q: Where is the petition filed?

A: The petition may be filed on any day and at any
time with the RTC of the place where the threat,
act or omission was committed or any of its
elements occurred, or with the Sandiganbayan,
the Court of Appeals, the Supreme Court, or any
justice of such courts. The writ shall be
enforceable anywhere in the Philippines.
(Sec. 3, Writ of Amparo)
1. That petitioner is a Filipino citizen, of legal age, with address at ________ and the
respondent is a Filipino citizen , of legal age , with address at _________;
2. That the petitioner, ______, in whose behalf this application is being made, is actually
restrained of his liberty by the respondent, _____ at the latters residence at _________;
3. (State facts pertaining to the right to life, liberty and security of the aggrieved party
violated or threatened with violation by the unlawful act or omission of the respondent, and how
such threat or violation is committed with the attendant circumstance detained in supporting
affidavits);
4. (The investigation conducted, if any, specifying the names, personal circumstances and
addresses of the investigating authority or individuals, as well as the manner and conduct of the
investigation together with any report);
5. (The actions and recourses taken by the petitioner to determine the fate and whereabouts
of the aggrieved party and the identity of the person responsible for the threat, act or omission).
PRAYER
WHEREFORE, petitioner respectfully prays that a WRIT OF AMPARO be issued by this
Honorable Court, ordering respondents ________ to immediately release from their custody the
person of _________ to petitioners if still alive, or if already dead, to show the place where his
remains is placed or buried and to pay the petitioner _____________.
(may also include prayer for:
1. Order enjoining respondent from doing harm or harassment.
2. Order allowing inspection by the court of the premises
3. Order respondents to produce documents to or in their custody related to the detention.)
238
LEGAL ETHICS TEAM:


Form 60: Petition for Habeas Data
I.
NATURE OF THE PETITION
1. This is a petition for the writ of habeas data filed under A.M. No. 08-1-16-SC, also known as
the Rule on the Writ of Habeas Data to require the respondent/s to produce and, if necessary
update and rectify, or, in the alternative, suppress or destroy information within its control and/or
contained in its database, which relates to petitioner, his/her family, his/her home and his/her
correspondence.
2. Petitioner respectfully submits that respondent obtained the information through an
unlawful act, has unjustifiably failed to disclose the information to petitioner, and/or has
unjustifiably refused to update, rectify, suppress or destroy the information.
3. This act or omission of respondent to comply with petitioner's demand is a violation of, or
poses a threat of violation to, petitioner's right to privacy in life, liberty and security.
4. In view of the foregoing, petitioner brings this petition before this Honorable Court praying
that the respondent be required to cause the immediate production of the information requested so
that the same may be revealed to petitioner for proper updating, rectification or, in the alternative,
for its suppression or destruction, whatever may be necessary to protect petitioner's privacy.
5. Finally, petitioner respectfully submits that he/she is an indigent person and prays that this
Honorable Court exempt him/her from docket and other legal fees in this case, subject to the
submission of proof of his/her indigency within fifteen days from the filing of this petition.
II
PARTIES
6. Petitioner is a Filipino, of legal age, and residing at [state address]. He/She may be served
with notices from this Honorable Court through his/her undersigned counsel.
7. Respondent is being impleaded in his capacity as a public officer or employee, in charge of
the information or database of [state office], which office is engaged in the gathering, collecting, and
storing of data. He/She may be served summons and other processes of this Honorable Court at the
[state office address]. Respondent is of legal age, residing at [state address] and is engaged in the
gathering, collecting, and storing of data. He/She may be served summons and other processes of
this Honorable Court at the [state office address].
8. Respondent is a corporation organized and existing by virtue of the laws of the Republic of
the Philippines. It is engaged in the gathering, collecting, and storing of data. It may be served
summons and other processes of this Honorable Court at [state office address].
III
MATERIAL ALLEGATIONS
9. Petitioner is a citizen of the Republic of the Philippines whose right to privacy is protected
by the Bill of Rights found in Article III of the 1987 Philippine Constitution, which provides:
Section 3. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise as prescribed
by law.
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
Section 7. The right of the people to information of matters of public concern shall be
recognized.
Access to official records and documents, and papers pertaining to official acts, transactions, or
decisions as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
10. Also, in Lourdes T. Marquez vs. Hon. Aniano A. Desierto, et al., this Honorable Court had
occasion to rule:
239

(Petition for Habeas Data: Continuation)
Zones of privacy are recognized and protected in our laws. The Civil Code provides that
"[e]very person shall respect the dignity, personality, privacy, and peace of mind of his
neighbors and other persons" and punishes as actionable torts several acts for meddling and
prying into the privacy of another. It also holds a public officer or employee or any private
individual liable for damages for any violation of the rights and liberties of another person,
and recognizes the privacy of letters and other private communications. The Revised Penal
Code makes a crime of the violation of secrets by an officer, the revelation of trade and
industrial secrets, and trespass to dwelling. Invasion of privacy is an offense in special laws
like the Anti-Wiretapping Law, the Secrecy of Bank Deposits Act, and the Intellectual Property
Code. (G.R. No. 135882, June 27, 2001.)
11. Finally, Republic Act 6713, known as the Code of Conduct and Ethical Standards for Public
Officials and Employees, makes it a duty of every public officer and employee to allow the inspection
of all public documents, and to respond to requests within fifteen days. Viz:
Section 5. Duties of Public Officials and Employees. In the performance of their duties, all
public officials and employees are under obligation to:
(a) Act promptly on letters and requests. All public officials and employees shall, within
fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means
of communications sent by the public. The reply must contain the action taken on the
request.
xxx
xxx
xxx
(e) Make documents accessible to the public. All public documents must be made
accessible to, and readily available for inspection by, the public within reasonable working
hours.
12. On [date], petitioner requested access to all information held about him/her by the
respondent, within fifteen days from respondent's receipt. A copy of the written request is attached
as Annex "A".
13. The period given to respondent to allow petitioner access to its database has already
lapsed.
14. As a result of respondent's failure or unjustifiable refusal to allow access to its database,
petitioners right to privacy is being violated.
15. The use and possible dissemination of the information held by respondent is an unlawful
intrusion into petitioner's privacy, which intrusion threatens to ultimately violate petitioner's right to
life, liberty and security.
16. The information which remains hidden from petitioner is in the database of respondent
located in the following offices: [state the offices or known location of the information].
PRAYER
WHEREFORE, petitioner prays that this Honorable Court give due course to this petition and
issue the writ of habeas data and rule, as follows:
1. Upon the filing of the petition, ENJOIN respondent from disseminating the information;
2. Upon notice and hearing, ORDER respondent to:
a. Produce the information in its possession regarding petitioner's person, his/her family,
home and correspondence;
b. Correct, suppress or destroy the information in its database, whatever may be applicable
as determined by this Honorable Court; and
c. Rectify the damage caused to petitioner's reputation by making a public apology to
petitioner, which shall be circulated in the manner and to such persons as the petitioner may deem
appropriate.
Other reliefs just and equitable under the premises are likewise prayed for.
240
LEGAL ETHICS TEAM:


Q: What is the writ of habeas data?
A: It is a remedy available to any person whose
right to privacy in life, liberty or security is
violated or threatened by an unlawful act or
omission of a public official or employee, or for a
private individual or entity engaged in the
gathering, collecting or storing of data or
information regarding the person, family, home
and correspondence of the aggrieved party.
Note: The petition may be filed with the RTC where
the petitioner or respondent resides, or that which
has jurisdiction over the place where the data or
information is gathered, collected or stored, at the
option of the petitioner.
Note: The petition may also be filed with the

Supreme Court or the Court of Appeals or the
Sandiganbayan when the action concerns public data
files of government offices.
Note: Any aggrieved party may file a petition for the
writ of habeas data. However, in cases of extralegal
killings and enforced disappearances, the petition
may be filed by:
1. Any member of the immediate family of the
aggrieved party, namely: the spouse,
children and parents
2. Any ascendant, descendant or collateral
relative of the aggrieved party within the
fourth civil degree of consanguinity or
affinity, in default of those mentioned in the
preceding paragraph
Form 61: Petition for Change of Name

Q: Who shall file the petition for change of
name?
Q: What are the grounds for change of name?

A:
A: A person desiring to change his name shall file

his petition to the RTC of the province in which he
resides or in the City of Manila, to the Juvenile
and Domestic Court or RTC.
Q: What shall the petition contain?
A: It shall be signed and verified by the person
desiring to change his name or some other
persons in his behalf. The petition shall set forth:
1. That the petitioner has been bona fide
resident of the province where the
petition is filed for at least three (3) years
prior to the date of such filing
2. The cause for which the change of the
petitioners name is sought
3. The name asked for
1.
2.
3.
4.
5.
6.
Name is ridiculous dishonourable and

extremely difficult to pronounce
Change of name is a legal consequence as
in legitimation
When the change will avoid confusion
Having continuously used and been known
since childhood by a Filipino name,
unaware of her alien parentage
A sincere desire to adopt a Filipino name
to erase signs of former alienage, all in
good faith and without prejudicing
anybody
When the surname causes embarrassment
no fraudulent purpose is intended for such
change
1. That the petitioner is of age, single/married, and a resident of ___________;

2. That he has been a bona fide resident of the province of _______ since year ______ or for
at least three (3) yeas prior to the date of the filing of this petition;
3. That his present name is______________;
4. That the petitioner is also knows as (a.k.a.) __________________;
5. That (here state the reason for which the change of petitioners name is sought);
6. That petitioner requests that his present name be change to ______;
WHEREFORE, it is respectfully prayed that, after due notice and publication in accordance
with the Rules of Court, and hearing this Honorable Court adjudge that the petitioners name of
_____________ be change to _________________.

241

Form 62: Petition for Certiorari
1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and
of the public and private respondents);
2. That (state the facts and circumstances under which the respondent tribunal, board or
officer, exercising judicial functions) has acted without, or in excess of its jurisdiction, or with grave
abuse of discretion in the exercise of his judicial functions (including your arguments);
3. That (state that there is no appeal from such decision or any plain, speedy and adequate
remedy in the ordinary course of law);
4. That a certified true copy of the decision (or order) herein sought to be annulled is
hereto attached as Annex A, together with copies of all pleadings and documents relevant and
pertinent thereto.
5. That (state the material dates showing when notice of judgment or final order or
resolution subject thereof was received, when a motion for new consideration, if any, was filed
and when notice of the denial thereof was received).
WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued annulling the judgment or
order herein complained of (with prayer for a preliminary injunction as the case may be, for the
protection of the rights of petitioner pending such proceedings), and after due hearing, that
judgment be rendered annulling or modifying the decision or order subject of this petition and the
proceedings of (the defendant tribunal, board or officer), with costs against private respondent.
242
LEGAL ETHICS TEAM:


Form 63: Complaint Declaratory Relief
Q: What is declaratory relief?
A: It is a special civil action instituted by any
person interested under a deed, will, contract, or
other written instrument, or whose right are
affected by statute, executive order or regulation,
or ordinance before breach or violation thereof in

order to determine any question of construction
or validity arising under the instrument or statue
and for a declaration of his right or duties
thereunder.
(Caption and Title)

COMPLAINT
PLAINTIFF, thru counsel, respectfully avers that:
1. (State the capacity, civil status, and residence of the plaintiff and defendant/s, who have or claim
any interest which would be affected by the declaration.)
2. (State the deed, will, contract, or statute or ordinance under which a declaratory relief is sought.)
3. (State or quote in full the particular parts of the instrument or statue or ordinance which affect the
rights of the plaintiff, or in which he is particularly interested.)
4. ( If the plaintiff or petitioner attacks the validity of the statute, state why such law is invalid or
unconstitutional.)
5. (State or show why the plaintiff is interested under such instrument, or how his rights are affected
by such statute or ordinance.)
6. (Make an allegation that the declaration by the court on this question is necessary and proper at
the time all the circumstances, and that the declaration would terminate the uncertainty or
controversy which gave rise to the action.)
WHEREFORE, it is respectfully prayed of this Honorable Court to determine the validity of the
statue in question (or the construction of the instrument in question) and to declare plaintiffs rights
and duties thereunder.
(Venue, date, signature)
(VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)
Form 64: Petition for Prohibition

Q: What is prohibition?
A: it is a special civil action directed against any
tribunal, corporation, board or person whether
exercising judicial or ministerial functions claiming
that said tribunal, corporation, board or persons
acted without jurisdiction or with grave abuse of
discretion and there is no appeal, nor any plain,
speedy, and adequate remedy in the ordinary

course of law. All these must be alleged by the
plaintiff through a verified petition filed in the
proper court and praying the judgment be
rendered commanding the defendant to desist
from further proceedings in the action or matter
specified therein. (Suarez, 2007)

243
2. That (state the facts and circumstances under which the respondent-tribunal, board or
officer, exercising judicial functions, has acted without, or in excess of its jurisdiction, or with grave
abuse of discretion in the proceedings complained of);
3. That (state that there is no appeal from such act or any plain, speedy and adequate
remedy in the ordinary course of law);
4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto
attached as Annex A, together with copies of all pleadings and documents relevant and pertinent
thereto.
5. That (state the material dates showing when notice of judgment or final order or
resolution subject thereof was received, when a motion for new consideration, if any, was filed and
when notice of the denial thereof was received).
WHEREFORE, it is respectfully prayed, that pending the proceedings in the action, a
preliminary injunction be granted ordering the respondent _________ to desist and refrain from
further proceedings in the premises, and that after due notice and hearing, a Writ of Prohibition be
issued commanding the said respondent to desist absolutely and perpetually from further
proceedings (in the action or matter in question), with costs.
Form 65: Mandamus

Q: What is mandamus?
A: It is a special civil action directed against any
tribunal, corporation, board or person claiming
that said tribunal, corporation, board or person
has unlawfully neglected the performance of an
act which the law specifically enjoins as a duty
resulting from an office, trust or station or has
excluded another from the use and enjoyment or
the right or office to which such person is entitled
form the use and there is no other plain, speedy,
and adequate remedy in the ordinary course of

law. All these must be alleged by the plaintiff
through a verified petition filed in a proper court
and praying that judgment be rendered
commanding the defendant immediately or at
some other specified time to do the act required
to be done to protect the life of the petitioner
and to pay the damages sustained by the
petitioner by reason of the wrongful acts of the
defendant.
1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of
the public and private respondents);
2. That (state the facts and circumstances under which the respondent-tribunal, board or
officer) unlawfully neglected the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a
right or office to which the petitioner is entitled;
3. That the petitioner has no other plain, speedy and adequate remedies in the ordinary course
of law other than this action;
4. That (state the material dates showing when notice of judgment or final order or resolution
subject thereof was received, when a motion for new consideration, if any, was filed and when notice
of the denial thereof was received).
5. That the petitioner by reason of the wrongful act of the respondent has sustained damages
in the sum of __________ pesos (Php___________);
WHEREFORE, it is respectfully prayed, that after due notice and hearing, a Writ of mandamus
be issued, commanding the respondent forthwith to: (here state the act required to be done, with
damages and costs.)
244
LEGAL ETHICS TEAM:


Form 66: Probate of Will
Petitioner, by counsel, respectfully avers:

1. That the petitioner, of legal age and resident of ______, is the executor named in the last
will and testament of _______, deceased who died in ______, on ______;
2. That the said last will and testament (photostatic copy only) is hereto attached as Annex
A and made an integral part of this petition, the original thereof to be presented to this Honorable
Court at the time of the probate;
3. That the subscribing witnesses to said will are ____-, _____, ________, all of whom are
residents of ________;
4. That the decedent is an inhabitant of the Philippines and a resident of _______ at the time
of his death;
5. That the petitioner, named in the will as executor thereof, is legally qualified to act as such
and hereby consents and agrees to accept said trust;
6. That the following persons, all of age, have been named in the said will as devisees of the
deceased, to wit: ___________
7. That the property left by the deceased consists of the real and personal property, the gross
value of which is _______;
8. That the testator, at the time of the execution of the said will, was _____ years old, of
sound and disposing mind, and not acting under duress, fraud, or undue influence and was in every
respect capacitated to dispose of his estate by will.
1. That, upon proper notice and hearing, the above-mentioned Will be admitted to probate;
2. That letters testamentary (or of administration) be issued to herein petitioner, without
bond;
3. That such other relief be granted as may be deemed just and equitable in the premises.
Name _______________________________
Appointment No. _____________________
Office Address________________________
Email Address ________________________
Contact No. __________________________
VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING

245

Form 67: Quo Warranto
2. That (state fully and clearly the facts and circumstances showing that the defendant is in
unlawful possession of a public office and that the plaintiff is entitled to hold the same)
3. That (state that the plaintiff has demanded of defendant to vacate the office in question
and to deliver the same to the plaintiff, but the defendant unlawfully refused);
1. That a writ of quo warranto be issued ousting and altogether excluding the defendant from
the office of _________;
2. That the plaintiff be declared entitled to said office and that he be placed forthwith in
possession thereof;
3. That the plaintiff recovers his costs.
Form 68: Petition for Extradition
In view of the Extradition Treaty entered into between the Republic of the Philippines and (country
where the fugitive is), effective (date of effectively of the treaty), the Solicitor General of the
Republic of the Philippines requests that the (Officer in charge) of the (state where the fugitive is
found) issue a requisition for the return of a fugitive who is charged with violations of the (specific
offense) and with being a fugitive from justice. I offer the following information to request that the
(country) law enforcement officer(s) cited herein be empowered as authorized agents to receive and
return the fugitive to the Republic of the Philippines.
In support of this application, I certify that:
1. The fugitive who is the subject of this application was in the republic of the Philippines at
the time of the commission of the crime;
2. In my opinion, the end of justice required that this fugitive be brought to the republic of
the Philippines at public expense for trial;
3. In my opinion, I have sufficient evidence to secure the conviction of the fugitive;
4. The Philippine law enforcement officer(s) who are proposed to receive and return the
fugitive are qualified to do so and have no private interest in the arrest of the fugitive;
5. No other application has been made for a requisition of this fugitive growing out of the
same transaction herein alleged;
6. This fugitive is not known to be under either civil or criminal arrest in my jurisdiction,
except as set forth in this application;
7. This application is not made for the purpose of enforcing the collection of a debt, for
removing the fugitive to a foreign jurisdiction with a view there to serve him with civil process or for
any private purpose whatsoever. If this application for requisition is granted the criminal proceedings
shall not be used for any other purpose not set forth in this application;
8. There has been no avoidable delay in making this application;
246
LEGAL ETHICS TEAM:


(Petition for Extradition: continuation....)
9. The fugitive has been indicted;
FULL NAME AND GENDER OF THIS FUGITIVE AND ALL KNOWN ALIASES.
JURISDICTION THAT WILL BE RENDERING THIS FUGITIVE:
TITILES, FIRST AND LAST NAMES AND GENDERS OF QUALIFIED PHILIPPINE LAW
ENFORCEMENT OFFICERS WHO ARE TO BE EMPOWERED TO RECEIVE AND RETURN THIS FUGITIVE TO
THE PHILIPPINES
NAME IF OTHER JURISDICTION IN WHICH THIS FUGITIVE IS KNOWN TO BE UNDER CIVIL OR
CRIMINAL ARREST
A LISTING OF THE NATURE OF EACH CRIME THAT THIS FUGITIVE IS CHARGED WITH
COMMITTING INCLUDING THE CITATIONS OF WHAT SECTION OF THE PHILPPINE LAWS FOR THE
CRIME AND THE PUNISHMENT THEREFORE,
DATE OF THIS FUGITIVES ARREST BY THE RENDERING JURISDICTION
NAME OF THE RENDERING JURISDICTION
This application is submitted this ____ day of ______ 2010.
_________________________
Solicitor General

247

F. CRIMINAL ACTIONS
Form 69: Criminal Complaint-Affidavit
Note: A complaint affidavit is in the form of an
affidavit, narrating the facts and circumstances
surrounding the alleged crime, based on the point

of view of the complainant. The narration may
also include the elements of the crime as applied
in the set of facts or circumstances.

METROPOLITAN TRIAL COURT
BRANCH ____, QUEZON CITY
THE PEOPLE OF THE PHILIPPINES,

Complainant,
-versus-
Criminal Case No._____________

For: ________________________
Xxx
Accused,
x--------------------------------------------x
CRIMINAL COMPLAINT
The undersigned accuses ________________ of the crime of ______________, committed as

follows:
(Here set out the time and place, when and where the crime is committed, and the facts
constituting the offense.)
Contrary to law.
________________________
Complainant
VERIFICATION
A preliminary investigation has been conducted in this case under my direction, having examined
the witnesses under oath.
(MTC Judge)
Witnesses:
248
LEGAL ETHICS TEAM:


Form 70: Counter- Affidavit
CAPTION
COUNTER-AFFIDAVIT
1. I, _______, of legal age, with assistance of counsel, do hereby state under oath that:
(state the circumstances)

6. It is utterly inexplicable that _____ would hold me liable for estafa when all that I did was to
refer ______ to Mr. _____; to a certain extent, I even exerted my best efforts to see that Ms.____ was
paid due simply to my great embarrassment at the prospect of being accused of referring a person
who does not know how to pay for an obligation.
I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even
remotely resembles ANY of the acts punished under Article 315 of the Revised Penal Code. If at all, any
cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in
the absence of a showing that I benefited from the Nextel units; any liability should pertain to the
office of the mayor, not to me.
8. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude
that the crime of estafa or that any crime at all has been committed. The complaint against me should,
thus, be dismissed.
To the truth of the foregoing, I have signed this Counter-Affidavit on _____________.
Affiant
Jurat

249

Form 71: General Form of Information I
[1]REPUBLIC OF THE PHILIPPINES
BRANCH ________, MAKATI
[2]________________________,
Plaintiff,
-versus-
Criminal Case No.____

I.S. No.__________
For: ____________
________________________,
Accused,
x--------------------------------------x
INFORMATION
[3]The undersigned Public Prosecutor accuses (name of accused) of the crime of (name of the crime)
punishable under (Revised Penal Code or state the special law violated) committed as follows:
[4] That on (date when crime was committed), the said accused did then and there willfully, and
unlawfully (include feloniously if it is a violation of the Revised Penal Code) (state how committed
and the name of the private offended party) in the (place where committed) within the City of
(place where committed) resulting to damage to the private offended party in the amount of (state
amount).
[5]Contrary to law.
date and place
Asst. Public Prosecutor
[6]CERTIFICATION OF PRELIMINARY INVESTIGATION
I hereby certify a) that I have conducted a preliminary investigation in the case; b) that I examined the
complainant and his witnesses; c) that based on the evidence presented, there is reasonable ground to
believe that the accused is probably guilty of the offense charged; d) that I gave the accused the
opportunity to submit controverting evidence; and e) that the filing of this information has been
approved by the City Prosecutor.
Asst. City Prosecutor
[7]JURAT
[8] 1st Public Prosecutor
[9]List of Witnesses:
[10]Bail Recommended:
Note: Essential parts of information include:

[1] Heading
[2] Caption
[3] Opening sentence
[4] Body alleging the acts or omissions constituting the crime
[5] Contrary to law
[6] Certification of preliminary investigation
[7] Jurat
[8] Approval of city prosecutor if filed by assistant city prosecutor
[9] List of witnesses
[10] Bail recommended
250
LEGAL ETHICS TEAM:


"Following the above format, you may draft the information for other crimes using the following accusatory
portions."
i. Acts of Lasciviousness.
That on or about ____________, in the Municipality of ______________, Province of

_________________, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust,
did then and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness on the person of
___________ by then and there embracing and kissing her and touching her breasts and sexual organs,
against her will, and by means of force.
ii. Serious Illegal Detention.
That about and during the period beginning the _____ day of _____, 2010, in the Municipality of
______________, Province of _________________, Philippines, and within the jurisdiction of this Court,
said accused suspecting that one ____ had knowledge of the elopement of her sister, did then and there
willfully, unlawfully, feloniously and by force, take said _______, a man of 50 years old, while the latter
was walking in _______, to whom said accused detained and kept locked in his room from ____________
to ___________ or a period of ____ days under restraint and against the will of the said ____, and said
accused did, during said period of detention, maltreat and refuse to release said ____ until the sister of
the accused was found.
iii. Simple Seduction.
That on or about ____________, 2010, in _____________, province of _____________, Philippines,

within the jurisdiction of this court, the said accused did then and there willfully, unlawfully, and
feloniously, and by means of deceit, have sexual intercourse with _________, an unmarried girl over
twelve but under eighteen years of age.
iv. Attempted Rape.
That on or about _____, in __________, the accused did then and there willfully, unlawfully, and
feloniously enter the house of ____________, a married woman, and finding that her husband was away,
with lewd designs and by means of force and intimidation, commenced directly by overt acts to commit
the crime of attempted rape upon her person, to wit: while ______ was cooking lunch, the accused
seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and
attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud
protests and vigorous resistance brought her neighbors to her assistance, causing the accused to flee
from the premises without completing all the acts of execution.
v. Frustrated Murder.
That on or about _____, in __________, the accused did then and there take a loaded .45 Caliber
Magnum Pistol, directly aim the same firearm at the person of ___________, an invalid septuagenarian
and at point blank range, with intent to kill, discharge the firearm twice against the person of said
___________, inflicting on said _______ two (2) wounds on his chest and stomach, which would have
been fatal had not timely medical assistance been rendered to the said _______.

251

vi. Rape.
That on or about _______________, province of ___________, Philippines, within the

jurisdiction of this court, the said accused entered the house of ________ who was then and there alone,
and by means of force and intimidation, willfully, unlawfully, and feloniously did lie and succeeded in
having carnal knowledge of said ___________, without her consent.
vii. Murder.
That on or about _______, in the Province of _________, Philippines, within the jurisdiction of
this court, the said accused did, then and there, with malice aforethought and with deliberate intent to
take the life of ___________, willfully unlawfully, feloniously, suddenly, unexpectedly, and treacherously,
attack the latter with a knife, first wounding him in the chest, and afterwards, when enfeebled and
unable to defend himself, again stabbed him in the stomach, both wounds being necessarily mortal,
thereby causing the direct and immediate death of said ________.
viii. Bigamy.
That on or about _______, in the City of _________, Philippines, within the jurisdiction of this
Honorable Court, the said accused being legally married to ___________ and without such marriage
having been legally dissolved and thus valid and existing, did willfully, unlawfully and felicitously contract
a second marriage with ________ in the City of _______.
ix. Theft.
That on or about _______, in the City of _________, Philippines, within the jurisdiction of this
court, the said accused, then 11 years old and without any known address, willfully unlawfully,
feloniously, with intent to gain, without force upon things or violence upon persons and without the
knowledge and consent of ________, the owner, took a gold necklace studded with diamonds valued at
____________ to the prejudice of said owner.
x. Homicide thru Reckless Imprudence.
That on or about the ___ day of _____, ____, in the City of _____, the said accused, being then the
driver and person in charge of service jeepney bearing plate no. _____, did then and there unlawfully and
feloniously drive, manage and operate the said vehicle along _____ Blvd. in the City of _____, in a
careless, reckless and imprudent manner, by then and there making the vehicle run at a speed greater
than was reasonable and proper, without taking the necessary precaution to avoid accident to person or
damage to property, causing by such carelessness, recklessness, imprudence and lack of precaution the
said vehicle so driven, managed and operated y him to hit and bump, as in fact it hit and bumped Y, a
pedestrian who was crossing said _____________ Blvd., thereby inflicting upon said Y mortal physical
injuries which were the direct and immediate cause of his death soon thereafter.
252
LEGAL ETHICS TEAM:


xi. Anti-graft and Corrupt Practices Act (RA 3019) filed by Ombudsman.
That on or about ________________ in ____________, province of __________, Philippines,

within the jurisdiction of this court (or the Sandiganbayan depending on the salary grade of the accused),
the said accused did, then and there a, with malice afterthought and with deliberate intent committed a
violation of Section 3 (e) of RA 3019, otherwise known as the Anti-graft and Corrupt Practices Act (or
whatever private complainant is involved, you may include the amount malversed if it is the case or the
specific act complained of).
xii. Information for Highway Robbery::
That on (date when crime was committed), the said accused did then and there willfully, and
unlawfully (state how committed and the name of the private offended party) in the (place where
committed) within the City of (place where committed) resulting to damage to the private offended party
in the amount of (state amount).

253
OTHER FORMS
Form 72: Substitution of Counsel

THE UNDERSIGNED respectfully enters his appearance as counsel for defendant ________ in
substitution of former counsel ______, as shown by her express conformity below. Henceforth, kindly
address all pertinent notices to the undersigned at the address given below.
RESPECTFULLY SUBMITTED.
Name _______________________________
Appointment No. _____________________
Office Address________________________
Email Address ________________________
Contact No. __________________________
With my conformity:
_________________
Defendant
Form 73: Notice of Appeal

The defendant, (or plaintiff as the case may be) by counsel, hereby gives notice that he is
appealing from the judgment of this Honorable Court in the above-entitled case, dated ___________, a
copy of which was received by him on ________________, to the Court of Appeals.
Name ______________________________
Appointment No. _____________________
Office Address________________________
Email Address ________________________
Contact No. _________________________
Copy furnished:
_________________________________
Name and Address of adverse counsel
PROOF OF SERVICE (affidavit of service by mail)
254
LEGAL ETHICS TEAM:


Form 74: Comment/ Opposition to Offer
COMMENT ON THE PROSECUTIONS

FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully opposes the Prosecutions Offer of Evidence for the
following reasons:
Exhibit A, the sworn statement of A, the private complainant, and Exhibit A-1, his signature
are INADMISSIBLE because the private complainant was never presented to authenticate the
document or subjected to cross-examination, thus, the document is hearsay and inadmissible.
Exhibit B, the post-dated check dated ________, issued by the accused in the amount of
__________________; Exhibit B-1, the dorsal side of the check with notation DAIF, Exhibit B-2, the
signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as
the original check was never presented; and no basis for the presentation of secondary evidence laid.
ACCORDINGLY, the ACCUSED respectfully submits that the prosecutions Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.
Name _______________________________
Appointment No. _____________________
Office Address________________________
Email Address ________________________
Contact No. __________________________
Copy furnished:
________________
Public Prosecutor
_________________
Private Prosecutor

255

A. ELECTION FORMS
Form 75: Certificate of Candidacy
CERTIFICATE OF CANDIDACY
OF
___________________
To: The Commission on Elections
Manila
Sir:
Pursuant to the requirements of the Election Code, the undersigned hereby files his certificate
of candidacy for the general elections on _______________, and states the following:
1. That his full name is ______________, also generally known with the nickname of ________;
2. That he announces his candidacy for the office of ________;
3. That he is eligible for the said office, he being a natural-born citizen of the Philippines,
____years of age, having been born in _________ on _______, a qualified voter, and a resident
of the Province of __________ and of the city/municipality of ________ for the last ____years;
4. That his residence is ______, and that his post-office address for all election purposes is that
his profession or occupation is _______________, his civil status is _______ and that the full
name of his spouse is ________;
5. That the name of the political party to which he belongs is ________;
6. That for the last two years of _____ and _____ his gross incomes, including deductions and
exemptions therefrom, income tax payment, were as follows:
(income)
______________________
Signature of Candidate
PROVINCE OF ______________ )
CITY/MUNICIPALITY OF ______ ) S.S.
I, _________________, being sworn to in accordance with law, hereby declare that I will
support and defend the Constitution of the Philippines and will maintain true faith and
allegiance thereto; that I will obey the laws, legal orders, and decrees promulgated by its duly
constituted authorities; that the obligation imposed by my oath is assumed voluntarily by me,
without mental reservation or purpose of evasion; and that the facts stated in this certificate of
candidacy are true to the best of my knowledge.
______________________
Signature of Candidate
JURAT
256
LEGAL ETHICS TEAM:


Form 76: Election Protest
PETITION
Petitioner through counsel respectfully alleges:
1. That he is a qualified voter and was one of the registered candidates voted for in the
general election held on _____________ in the province of _______________, Philippines, within
the jurisdiction of the court;
2. That according to the certificate of canvass of the provincial board of canvassers for the
province of ________, the total votes for the office of the provincial Governor for the said province
was ___________ the respondent appearing to have received ______ votes, the petitioner
____________votes and the other registered candidate voted for, as follows:_______________
3. That on _______, the said provincial board of canvassers proclaimed the respondent
________ elected to the office of the provincial Governor of the province of _______;
4. That the petitioner contests the election of the said respondent on the following grounds:
__________________5. That the petitioner is willing to give a bond, as this Honorable Court may determine to
cover all reasonable expenses and costs and damages, incidental to these proceedings;
1. That upon service of summons in accordance with law, a day be set for the hearing of the
protest;
2. That an order be issued to the municipal treasurers of the Municipalities of ______ to
bring and present before the Honorable Court on or before the day of the hearing of this protest the
ballot boxes, copies of the registry list, the election statements, the voters affidavits, and other
documents used in the said election in said municipalities, in order that this Honorable Court may
re-examine and revise the same;
3. That after due proceedings, the election of the respondent, and ________________ for
the office of Provincial Governor ____________ be annulled and that the petitioner be declared duly
elected instead;
4. That the expenses and costs incurred in these proceedings be assessed against the
respondent.
Name _______________________________
Appointment No. _____________________
Office Address________________________
Email Address ________________________
Contact No. __________________________
Copy Furnished:
_________________________________
Name and address of adverse counsel
(Personal Service)
VERIFICATION

257
IV. LEGAL OPINION
HOW TO WRITE A LEGAL OPINION:

Points to remember in writing a legal opinon:
1.
Ascertain the purpose for which your client seeks

your opinion; (Abad, 2009)
Do pre-work.
a. Get all the facts you need for forming a
competent opinion;
b. Make a summary of the relevant facts of the
case and put them in correct sequence.
c. Identify the issues that have to be resolved and
rough out the arguments that support your
thesis; (Ibid.)
2.
Note: Determine preliminarily the principal issue

or issues involved in the case. (Ibid.)
3.
After pre-work, do write up.(Ibid.)
Note: As a general rule, there is no prescribed form for Legal

Opinion.
However, the substance must meet certain
minimum requirements of content. (Abad,2009)
PARTS OF A LEGAL OPINION:

1. HEADING AND INTRODUCTION
- Consist of the letter head of the law firm, date, name
and address (inside address) of the client, salutation and
a short introduction. (Tabucanon, 2010)
2. BACKGROUND FACTS THAT ADEQUATELY INTRODUCE
THE ISSUES IN THE CASE
- Introduce the issues by providing the background facts
that are need to understand those issues. (Abad, 2009)
Note: Only as much background facts as are needed for an
understanding of the issue or issues included. (Ibid.)
- Standard of sufficiency in introducing an issue or issues

of the case requires the following:
258
a.
The Statement of the Case

Purpose: To provide a clear and concise statement
of the nature of the action. (Ibid.)
- it describes the nature of the action and the
proceedings it had gone through. (Ibid.)
b.
The Statement of Facts

Purpose: To provide a background of the
transaction or event involved to enable the court
or reader to see the issues in the proper context.
(Ibid.)
- narrates the transaction or event that created the

legal dispute and led to the filing of the suit.
3. THE POSITION YOU TAKE ON THOSE ISSUES
a. State the issue or issues this is the query in which
the client seeks out your opinion concerning the facts
surrounding the issue. (Ibid.)
b. State the position you take on those issues - This is
the part where you answer the query, answering
based on relevant laws and jurisprudence. (Ibid.)
How to create an argument?
The legal argument is the right rule and the right
fact put together. A legal argument is made up of three
statements:
a. The statement of a rule that applies to a given fact
or set of facts (the rule statement);
b. The statement of the fact of a particular case that
opens up such case or closes it to the application of
the rule (the case fact statement); and
c. The conclusion that the rule applies or does not
apply to the particular case (the conclusion
statement).
Knowing the essential statements of your legal
argument is important because the effectiveness of
your argument depends on how ably you write up
each statement of your argument into a convincing
part.
Knowing the essentials enables you to
dismantle your argument, reinforce or improve the
weak parts, emphasize the strong, and put them
together again to produce a persuasive argument
(Abad, 2009).
4. THE ARGUMENTS THAT MAY BE MADE AGAINST YOU
- List all the pertinent laws and jurisprudence which are
not in your favor to show your client both sides as to
not incite overexcitement to a winning case nor distress
over a possibly losing case.
5. ARGUMENTS IN YOUR FAVOR
4. CONCLUSION AND RECOMMENDATION (WHAT YOU
WHAT YOUR READER TO UNDER THE CIRCUMSTANCES)
- In the Conclusion, reiterate the answer to the question
raised in the issue/issues. (Tabucanon, 2010)
- The Recommendation on the other hand answers the
question: What do you propose the client would do?
It states the proposed solution to the issue. (Ibid.)
The idea behind every closing statement is to depart on
a good note after pacing your pleading with every sort
of argument in support of your stand. The closing
statement should not appear to argue even if it may
appeal to the good sense of the judge exercised in your
favor (Abad, 2009).
LEGAL ETHICS TEAM:

Legal forms legal opinion

ILLUSTRATION 1: LEGAL OPINION:
Page 1 of 5
September 14, 2009
Mr. Rogelio G. Chan
Milan Furniture Co., Inc.
245 Juan Luna Street
Binondo, Manila
HEADING AND
INTRODUCTION
Dear Mr. Chan:

Here is the opinion that you requested.
The facts, as I gather from you and your documents, are as follows:
On May 12, 2008 you applied with the Century Bank in Binondo, Manila, on
behalf of Milan Furniture Co., Inc., for a letter of credit, Annex A, covering its
importation of hardwood from Vietnam. On arrival of the goods, the bank
agreed to advance the payment of their price to your supplier. In turn, you
executed a promissory note in the name of Milan Furniture, Annex B,
undertaking to pay back the banks advance within three months of the date of
the note. You also signed a trust receipt, Annex C, covering receipt of the
goods.
The trust receipt provided that, in case of the sale of the imported
hardwood, Milan Furniture would turn over the proceeds of that sale to the bank
to apply to your loan. Because Milan Furniture had been unable to pay its
promissory note to the bank when it fell due, on October 17,2008 the lawyers of
the bank sent you a demand letter, Annex D, requesting full payment of the
debt of return of the goods.
BACKGROUND
FACTS THAT
ADEQUATELY
INTRODUCE
THE ISSUES IN
THE CASE
I understand that, on receipt of the letter, you tried to negotiate with the
manager of the bank, offering to return the imported hardwood that you were
yet unable to sell or use. But the bank manager rejected your offer, stating that
the bank did not accept goods in payment of debts owed it. Since further
negotiations also failed, the bank sent you a final demand for payment on
December 4 under a threat of filing a criminal complaint for estafa involving the
trust receipt that you executed in its favor.
The question you pose is whether or not, under the above facts, you may
be held liable for estafa under PD 115, the Trust Receipt Law, in relation to
Section 1(b) of Article 315 of the Revised Penal Code.
In my opinion, since the bank opted not to accept the goods even when
you offered to return them on behalf of Milan Furniture, it should be deemed to
have withdrawn its earlier demand from you to pay or return the goods
covered by said Trust Receipt. Effectively, the bank chose to consider Milan
Furniture to have already bought those goods, altogether removing the
transaction from the coverage of Section 13 of the Trust Receipt Law.
I base my opinion on the following:
THE POSITION YOU

TAKE ON THOSE
ISSUES
The relevant provision of the Trust Receipt Law or PD 115 provides:

259

Page 2 of 5
SEC.13. Penalty Clause.The failure of an entrustee to turn
over the proceeds of the sale of goods, documents or instruments
covered by a trust receipt to the extent of the amount owing to the
entruster or as appears in the trust receipt or to return said goods,
documents or instruments if they were not sold or disposed of in
accordance with the terms of the trust receipt shall constitute the
crime of estafa, punishable under the provisions of Article Three
Hundred and Fifteen, Paragraph One (b), of Act Numbered Three
Thousand Eight Hundred and Fifteen, as amended, otherwise known
as the Revised Penal Code.xxx
The related provisions of Section 1(b), Article 315 of the Revised Penal
Code, under which the vi9olation is made to fall, states:
ART. 315. Swindling (estafa).Any person who shall defraud
another by any of the means mentioned herein below xxx:
xxx
1. With unfaithfulness or abuse of confidence, namely:

xxx
xxx
b. By misappropriating or converting, to the prejudice of

another, money, goods or any other personal property received by
the offender in trust or on commission, or for administration, or
under any other obligation involving the duty to make delivery of or
to return the same, even though such obligation be totally or
partially guaranteed by a bond; or by denying having received such
money, goods, or other property.
From the above, the following are the elements of estafa involving a
trust receipt:
1. The entrustee received the goods under a trust receipt from the
entruster under an obligation to turn over the proceeds of the sale of goods
or to return said goods;
THE POSITION YOU

TAKE ON THOSE
ISSUES
2. The entrustee misappropriated or converted the goods by failing to

turn over the proceeds of their sale or to return said goods to the entruster;
3. The misappropriation or conversion is to the prejudice of the entruster; and
4. The entruster made a demand on the entrustee.
One of the elements of estafa involving a trust receipt is that the
entrustee [in this case, you or Milan Furniture] received the goods under a
trust receipt from the entruster [in this case, Century Bank] under an
obligation to turn over the proceeds of the sale of the goods or to return said
goods. The Trust Receipt Law, PD 115, provides in Section 11 that the liability
for estafa under paragraph 1(b) of Article 315 of the Penal Code arises in case
of the failure of an entrustee to turn over the proceeds of the sale of the
goods or to return said goods.
The trust receipt in this case, Annex A, echoes the above provisions of
the Trust Receipt Law. Under it, Milan Furniture or you as its signatory,
260
LEGAL ETHICS TEAM:


Page 3 of 5
undertook to turn over to the BANK the proceeds of the sale of the
goods1 or, in case on non-sale, to return the goods covered by this Trust
Receipt to the BANK upon its demand.2
But the terms of the trust receipt does not end there. The trust receipt,
Annex A, gives Century Bank an option not to accept the return of the
goods. In effect, Century Bank could chose to regard such goods already
sold to Milan Furniture even though the latter could and wanted to return
them. The seventh paragraph f the Trust Receipt, Annex A, thus reads:
We agree that the BANK is not obliged to accept any return
of the goods under this Trust Receipt by us or to consider any
return thereof if accepted or demanded by the BANK, as
satisfaction of our indebtedness to the BANK.
Century Bank in fact availed itself of the above option. It opted not to
accept the goods even when you offered to return them. Consequently,
Century Bank should be deemed to have withdrawn its earlier demand that
you or Milan Furniture pay or return the goods covered by said Trust
Receipt immediately. Effectively, Century Bank chose by its action to
consider the subject goods sold to Milan Furniture, altogether removing the
transaction from the coverage of Section 13 of the Trust Receipt Law.
The essence of the crime of conversion or misappropriation is that the
offender to whom money or goods has been entrusted has unfaithfully or
with abuse of confidence failed to return what was merely entrusted to him
and appropriated it for his own. Here, neither Milan Furniture nor you could
be considered as having unfaithfully or with abuse of confidence
misappropriated and converted the goods subject of the trust receipt.
Century Bank did
not want those goods back. It had regarded them sold outright to Milan
Furniture. The latters liability for the goods should, therefore, be
considered purely civil.
ARGUMENTS IN
YOUR FAVOR
Moreover, Section 13 of the Trust Receipt Law provides that the

failure of an entrustee to turn over the proceeds of the sale of the goods
or to return said goods if they were not sold or disposed of in accordance
with the terms of the trust receipt shall constitute the crime of estafa. The
essence of the penal provision of the law, therefore, is that the entrusted
[here, Century Bank] has entrusted the good to the entrustee [Milan
Furniture or you] for him to sell. Once sold, the entrustee was to turn over
the proceeds of the sale to the entruster.
Section 13 does not embrace instances where the goods are turned
over by the entrustor to the entrustee for the latters use in his own
business. This is clear from the ruling of the Supreme Court in Colinares v.
Court of Appeals3 that reads:
_____________________
1
2
Third paragraph, Trust Receipt, Annex B.

Id., fifth paragraph.

261

Page 4 of 5
Also, noteworthy is the fact that Petitioners are not importers
acquiring the goods for re-sale, contrary to the express provision
embodied in the trust receipt. They are contractors who obtained
the fungible goods for their construction project. At no time did
title over the construction materials pass to the bank, but directly
to the Petitioners from CM Builders Centre. This impresses upon
the trust receipt in question vagueness and ambiguity, which
should not be the basis for criminal prosecution in the event of
violation of its provisions.4
In this case, on May 12, 2008 Century Bank agreed with Milan Furniture
to open a letter of credit (LC) on the latters behalf to cover a shipment of
hardwood from Vietnam for use in its manufacture of furniture.
Notwithstanding that Milan Furniture imported the hardwood in
question so it could use them in manufacturing furniture, Century Bank made
you, a representative of your company, sign a trust receipt that made it
appear as if Century Bank had turned over the hardwood to Milan Furniture
for it to sell to others and to turn over to the bank the proceeds of the sale.
The Supreme Court has long condemned such practice. Thus, it said in the
Colinares case:
The practice of banks of making borrowers sign trust receipts
to facilitate collection of loans and place them under the threats of
criminal prosecution should they be unable to pay it may the
unjust and inequitable, if not reprehensible. Such agreements are
contracts of adhesion which borrowers have no option to sign lest
their loan be disapproved. The resort to this scheme leaves poor
and hapless borrowers at the mercy of banks, and is prone to
misinterpretation, as had happened in this case. Eventually, PBC
showed its true colors and admitted that it was only after collection
of the money as manifested by its Affidavit of Desistance.5
That the transaction was a loan is made clear from paragraph 1 of the
agreement for the opening of a letter of credit between Century Bank and
MHTI, Annex A. It provides that, in consideration of the opening of the
letter of credit on behalf of Milan Furniture in the amount of US$39,060, the
latter undertook to pay the bank on demand for all drafts drawn against such
letter of credit, with 13% per annum. The title to the goods never really
passed to the bank. Century bank did not import them from Vietnam; it
merely opened a letter of credit for the benefit of Milan Furniture. The
supplier shipped the hardwood to Milan Furniture under the cover of that
letter of credit. In short, Century Bank merely provided the loan that financed
the shipment.
Since the transaction was a loan, Milan Furnitures liability to Century
Bank should only be regarded as civil. The criminal action against you must
fail. It is but fair and the investigating prosecutor or the court should see the
point.
_______________________
3
339 SCRA 609 (2000)

At pp. 623.
5
Supra, at pp. 623-624.
4
262
LEGAL ETHICS TEAM:


Page 5 of 5
A word of reservation: I base my opinion on the language of the laws
involved as well as on settled judicial precedents. But, in the event the bank
files criminal complaint against you, there is the chance, however small, that
the public prosecutor may just decide to file it in court, subjecting you to the
hassle, expense, and risk that criminal trials entail. But I am confident that,
ultimately, you will be absolved.
CONCLUSION AND
RECOMMENDATION
Please let me know if I can be of further service to you in this matter.

Very truly yours,
ANNA ELIZABETH A. DE DIOS
There is one last point. Legal opinions have their limitations. You have to
realize that not all legal disputes are best resolved through judicial remedies.
Litigations are best avoided if the economics do not make sense as when your
clients debtor is practically bankrupt. In such a case, your client would merely
be throwing away good money after bad by incurring expenses for docket fees
and attorneys fees with no hope of recovering anything. Further, a legal
confrontation could irreparably damage relationships that may be far more
valuable than the benefits derived from a judicial resolution of the dispute.
Law is based on wisdom but law is not wisdom.
_______________
Source: Abad, Roberto. The Fundamentals of

Legal Writing. 2009.

263

SAMPLE: LEGAL OPINION
Page 1 of 3
OPINION NO. 51, S.2010
November 11, 2010
Secretary Rogelio L. Singson
Department of Public Works and Highways
Manila
Dear Secretary Singson:
This refers to your request for legal opinion on the amount of just compensation
Mesdames Nelly S. Sarabia and Louce S. Ozoa are entitled to when their property was partially
taken by the Department of Public Works and Highways (DPWH) in 2001 in connection with
the Construction of the Metro Manila Flood Control Project West of Manggahan
As a backgrounder, it appears that the DPWH offered the claimants to acquire their
property needed as right-of-way in the construction of the Metro Manila Flood Control
Project-West of Manggahan through a negotiated sale; that the latter accepted the value of
P600.00 per square meter as just compensation based on the Bureau of Internal Revenue (BIR)
zonal valuation of the property per certification dated December 15, 2004, of the Acting
Revenue District Officer who classified it as agricultural lot; that however, when the claimants
went to the BIR to pay the capital gains tax on the sale of the said property, it refused to
accept the said payment based on the zonal valuation of land of P600.00 per square meter on
the ground that the current zonal valuation of the property is P2,000.00 per square meter as
shown by the certification previously issued by the BIR dated October 4, 2004, stating that the
current zonal valuation of the said property is P2,000.00 per square meter and categorized it
as residential in nature; that on account of the refusal of the BIR to accept the payment of the
capital gains tax based on the zonal valuation of land of P600.00 per square meter, the Deed of
Sale for the property cannot be registered in the Office of the Registry of Deeds for Taguig City
resulting in the non-registration of the certificate of title of the property in the name of the
Republic of the Philippines and the non-payment of just compensation to the claimants up to
the present.
It also appears that on July 4, 2007, the claimants executed a notarized Revocation and
Rescission of the subject Deed of Sale invoking the Civil Code Provisions on void and inexistent
contracts because of the two (2) conflicting zonal valuations issued by the BIR; that, however,
the Office of the Solicitor General opined in its letter dated November 29, 2007, that the Deed
of Sale executed by the parties is a perfected contract, and the fact that the BIR assessed a
capital gains tax based on a higher zonal value does not affect the validity of the sale, and its
mere inadequacy of the purchase price is not a valid ground for rescission.
It further appears that to clarify the true zonal valuation for the subject property, the BIR
stated in its BIR Technical Committee on Real Property Valuation (TCPRV) Resolution No. 172008 dated March 4, 2008, that pursuant to revenue Memorandum Order (RMO) No. 41-91
dated November 11, 1991, the actual consideration appearing on the Deed of Absolute Sale
shall be an acceptable tax base in the computation of capital gains and documentary stamp
taxes in cases of negotiated purchase and/or sale of land by a government agency or
government-owned corporation; that, however, the Central IROW-Committee passed a
resolution recommending the reformation of the Deed of Sale by adopting the P2,000.00 per
square meter as the just compensation for the property based on equity and Article 1359 of
the Civil Code, which provides that when there having 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 reformation of the instrument to the end that such true intention may
be expressed.
With regret, this Department has to decline rendition of the requested opinion.
264
LEGAL ETHICS TEAM:


Page 2 of 3
Please be informed that as a matter of policy and established precedents, this
Department does not render opinion on questions of just compensation, which is a
justiciable matter and could at best resolved only tentatively by the administrative
authorities because the final decision rests not with them but with the courts of justice.
(Secretary of Justie Opinion No. 95, s. 2002)
Moreover, the specific issue raised in the instant query necessarily affects the
substantive rights of private parties upon whom the opinion of the Secretary of Justice
which is merely advisory in nature, has no binding effect, and who may, in all probability,
contest the same in court if the opinion turns out to be adverse to the interests. Inasmuch
as the matter herein might subsequently be the subject of judicial controversy, it is
neither advisable nor proper for this Office to comment thereon. (Secretary of Justice
Opinions No. 89, s. 1999 and No. 31, s. 1997)
Further, the resolution of the issue would require us to pass upon the
legality/validity of the action of the BIR relative to the payment of the capital gains tax
and the refusal of the Registry of Deeds to register the Deed of Sale. Both the BIR and the
register of Deeds of Taguig City are, however, beyond the revisory authority of the
Department. Pursuant to settled practice and precedents, the Secretary of Justice does
not render opinion or express any comments on questions involving the interpretation
and/or application of administrative rules and regulations of other departments/offices
over which he exercises neither supervisory nor revisory authority, unless requested by
the issuing agencies/departments by reason of their familiarity with the intent and
purposes of the issuance and the extent of the application thereof. (Secretary of Justice
Opinions No. 88, s. 1998; No. 74, s. 1989)
Nonetheless, for your information and guidance, we invite your attention to Section
7 of the Implementing Rules and Regulations (IRR) of R.A. No. 8974 which directs the
Implementing Agency to offer as just compensation the price indicated in the current
zonal valuation issued by the Bureau of Internal Revenue (BIR) for the area where the
private property is located, to wit:
Section 7. Negotiated Sale of Purchase. If the owner of the property needed for a
ROW is not willing to donate his property to the government, the Implementing Agency
shall negotiate with the owner for the purchase of the property, offering as just
compensation the price indicated by the Bureau of Internal Revenue (BIR) for the area
where the private property is located. (Emphasis supplied.)
Just compensation has been described as the just and complete equivalent of the
loss which the owner of the thing expropriated has to suffer by reason of the
expropriation. (Bernas, Joaquin G., The 1987 Philippine Constitution, A Reviewer-Primer,
1997 Ed., pp. 118, citing Province of Tayabas v. Perez, 66 Phil. 467, 469 (1938)) The
measure is not the takers gain, but the owners loss. (NPC v. Manubay Agro-Industrial,
G.R. No. 150936, 18 August 2004) To compensate is to render something which is equal in
value to that taken or received. The word just is used to intensify the meaning of the
word compensation; to convey the idea that the equivalent to be rendered for the
property taken shall be real substantial, full, and ample. (Jose Y. Feria and Maria
Concepcion S. Noche, Civil Procedure Annonated, Vol. 2, 2001 Ed., p. 543; citing Manila
Railroad Co. v. Velasquez, 32 Phil. 286, 313-314 (1915) and Province of Tayabas v. Perez,
66 Phil. 467 (1938) It includes not only the correct determination of the amount to be
paid to the owner of the land but also the payment of the land within a reasonable period
of time from its taking. (Ibid., p. 119, citing Municipality of Makati v. Court of Appeals, 190
SCRA 206, 213 (1990) Expressed differently, the compensation given to the owner is just if
he receives for his property a sum equivalent to its market value (Ibid.) which, according
to Section 6 (Section 6. Guidelines for Negotiated Sale. Should the implementing agency
and the owner of the property agree on a negotiated sale for the acquisition of right-ofway, site or location for any national government infrastructure project, the standards
prescribed under Section 5 hereof shall be used to determine the fair market value of the
property, subject to review and approval by the head of the agency or department
concerned. (Italics supplied.) of R.A. No. 8974, must be determined following the
standards prescribed by Section 5 thereof.

265

Page 3 of 3
Section 5 of R.A. No. 8974 reads as follows:
Section 5. Standards for the Assessment of the Value of the Land Subject of
Expropriation Proceedings or Negotiated Sale. In order to facilitate the determination of
just compensation, the court may consider, among other well-established factors, the
following relevant standards:
(a) The classification and use for which the property is suited;
(b) The developmental costs for improving the land;
(c) The value declared by the owners;
(c) The value declared by the owners;
(d) The current selling price of similar lands in the vicinity;
(e) The reasonable disturbance compensation for the removal and/or demolition of
certain improvement on the land and for the value of improvements thereon;
(f) This size, shape or location, tax declaration and zonal valuation of the land;
(g) The price of the land as manifested in the ocular findings, oral as well as
documentary evidence presented; and
(h) Such facts and events as to enable the affected property owners to have sufficient
funds to acquire similarly-situated lands of approximate areas as those required
from them by the government, and thereby rehabilitate themselves as early as
possible.
Finally, it may not be amiss to state that it is an elementary rule in administrative law that
administrative rules and regulations or policies enacted by administrative bodies to
interpret the law which they are entrusted to enforce, have the force of law, and are
entitled to grant weight and respect. (Rizal Empire Insurance Co. v. National Labor
Relations Commission, 150 SCRA 565 (1987), Gonzales v Landbank of the Philippines, 183
SCRA 520 (1990); Nestle Philippines, Inc. v. Court of Appeals, 203 SCRA 504 (1991)) The
best authority to interpret a rule is the source of the rule itself. (Bacobo v. Commission on
Elections, 191 SCRA 576 (1990))
Since it appears that the two (2) conflicting zonal valuation of the land were both
issued by the BIR over a span of only two (2) months, the best authority to interpret the
rule on zonal valuation of the land is the source itself, which is the BIR. Thus, if the BIR
state that the zonal valuation of the subject land is P2,000.00 per square meter, then the
said valuation should be controlling.
Very truly yours,
(Sgd.) LEILA M. DE LIMA
Secretary
Source: The Lawyers Review, 2010
266
LEGAL ETHICS TEAM:

Legal forms trial memoranda
V. TRIAL MEMORANDA
HOW TO WRITE A TRIAL MEMORANDUM:
Note: Pre-work is indispensable to a substantial
and convincing trial memorandum. It will do well
for you, therefore, to go over the pleadings, the
transcript of testimonies of the witnesses, and
the documentary exhibits. Working on these
materials, identify the legal dispute involved and
based on it, draw up the principal issue in the
case. From there, proceed to make an outline of
the relevant facts that the opposing parties claim
and pin point the issues that you need to address.
(Abad, 2009)
1.
2.
HEADING
SUMMARY OF THE NATURE OF THE ACTION
- Determine what actions were filed by the
plaintiff against the defendant and other
proceedings which the parties have
undergone prior to the filing of the present
action. (Ibid.)
3.
A SUMMARY OF THE FACTS OF THE CASE

- This refers to the transaction or event that
brought about the legal dispute and the
lawsuit as seen from the opposing points of
view of the parties. (Ibid.)
- Rough out your argument on a paper, using

the balance sheet format (Ibid.). You need
to be guided by your proposition or where
you stand on the issue. Draft out arguments
against you as well as those arguments in
your favor.
- Lastly, write your closing statement
appealing to the good senses of the reader.
Write
up
your
memorandum
introducing the issue/issues, arguments and
closing statement. Edit your work to rid out
of needless words.
Below is the structure of a memorandum,
opinion, brief, petition, comment, position paper,
decision, or similar legal writing: (Ibid.)
Statement of the Case
Statement of the Facts
Plaintiffs version of
Defendants version
the facts
of the facts
The issue or issues
Body of Arguments
Relief
- Read the materials and make an outline of

the relevant facts of the case, arranging
them the order of time and carefully
narrating each if the parties version without
veering towards any of the parties side.
(Ibid.)
- Determine the legal dispute by ascertaining
what right of a party the other has violated.
Afterwards, study the laws and rules
involved in such dispute. (Abad, 2009)
4.
STATEMENT OF RELEVANT ISSUES THAT THE

PARTIES PRESENT FOR RESOLUTION
- List down all the issues involved and
identify the controlling issue or issues that,
when resolved, will end the legal dispute.
(Ibid.)
5.
AN ORDERLY PRESENTATIONS OF THE

ARGUMENTS THAT SUPPORT YOUR CLIENTS
POSITION
267

ILLUSTRATION 2: TRIAL MEMORANDUM:
Page 1 of 7
Republic of the Philippines
National Capital Judicial Region
Mandaluyong City, Branch 156
RAMON C. MARANAN,
Plaintiff,
-versusGONZALO REALTY CORP.,
Defendant
x--------------------------------x
HEADING
SCA No. CV 0341
DEFENDANTS MEMORANDUM
Defendant, by counsel, respectfully submits its memorandum in
the case:
The Case
Plaintiff Ramon C. Maranan filed this action for declaratory
relief and damages against the defendant Gonzalo Realty
Corporation, claiming that the Court needed to ascertain the rights
of the parties under a contract of lease between them before its
terms were violated. In its answer, Gonzalo Realty claimed that it
did not authorize the contract of lease and that the action was
improper for declaratory relief. The parties claimed moral damages
and attorneys fees against each other.
SUMMARY OF THE
NATURE OF THE
ACTION AND THE
COURT PROCEEDING
The Facts
At the trial, Maranan gave his version of the events. He had
been renting the land in question from Gonzalo Realty from April
1998 under a Contract of Lease, Exhibit A, (Transcript of
Stenographic Notes, August 27, 2008, p.5). Ted Gonzalo, its
president and director, represented Gonzalo Realty in that contract
(id., p.6). The contract was for twenty-five years at P3,000.00 rent
per month, which he had always paid. At the beginning Ted or Celia,
his secretary, gave Maranan unofficial receipts for the rents but
from August 2006 Gonzalo Realty began to give him official receipts
(id., p.13). From September 2007, however, Gonzalo Realty refused
to take his monthly rents, insisting that he should increase this
P8,000 (id., p.14).
A SUMMARY OF THE
FACTS OF THE CASE
Maranan went to Gonzalo Realtys office and asked Edmundo

Gonzalo, its new president, to honor the contract signed by the
former president, Ted Gonzalo. But Edmund and her sister, Judith
Gonzalo, told him that the contract was void. Maranan had not
since seen Ted Gonzalo. These events prompted him to file the
present action. A second witness, Fred Simon testified that he had
been paying Maranans rents to Susan, the secretary of Gonzalo
Realty at its office and that, although Edmund knew of such
payments, he did not object to them (Exh. H).
268
LEGAL ETHICS TEAM:


Page 2 of 7
Judith Gonzalo, a stockholder, a member of the board of directors,
and the corporate secretary of Gonzalo Realty (TSN January 30, 2009,
p.5-6), presented her companys version. She served as company
president from August 2006 to December 2007, succeeding her
brother Ted (id., p.7) who served from 2000 to July 2006. Later, her
other brother Edmund took over as president. Gonzalo Realty had
been leasing lots and a building in San Dionisio, Baclaran and Tambo in
Paranaque (id., p.8), including the two small lots subject of this
case(id., p.9).
Judith first learned of the lease of the two small lots to Maranan
in 2006 when, on becoming Gonzalo Realtys president, she asked their
secretary to instruct all the tenants to pay their rents directly to
Gonzalo Realty and no longer to Ted. Beginning in August 2006
Maranan paid his rents to Gonzalo Realty, which issued him official
receipts (id., p. 10; Exhs. B to B-19). The company did not issue the
other receipts that Maranan presented in court (Exhs. D to D-34),
some of which included official receipts issued by his brother Teds
company, the TRG Enterprises (id., p.11). TRG stood for Ted R. Gonzalo.
Gonzalo Realty did not authorize Ted to enter into the lease
contract, Exh. A, with Maranan (id., p.12). Judith first saw it only in
August or September 2007 while she was making her rounds of their
properties. When Judith asked Maranan if they could already increase
his rents, the latter produced a lease contract with Ted Gonzalo for
twenty-five years at P2,000.00 rent per month with no escalation (id.,
p.13). As soon as she saw the contract, Judith wrote Maranan
informing him of its invalidity and demanded an increase in his rent to
P8,000.00 per month, subject to a 10% yearly increase (id., p.14).
According to Gonzalo Realtys by-laws, its presidents powers
were purely managerial or administrative (id., p.14; see Sections 4 and
5). This allowed him to lease corporate properties for not more than
one year; for lease corporate properties for not more than one year;
for leases over one year, the contracts had to pass Judith and be
approved by the board of directors of the company (id., p. 15). In this
case, the board learned of Maranans contract with Ted only in August
2007. It neither authorized nor ratified the contract (id., p.17). To
defend itself against the suit, Gonzalo Realty had to hire the services of
counsel for P100,000.00 and P3,000.00 for every hearing he attend (id.,
pp. 17-18).
The Issues
The Court defined the issues in this case in its pre-trial order as follows:
1. Whether or not the Contract of Lease executed by and between
Ted Gonzalo and Ramon Maranan binds Gonzalo Realty; and
2. Whether or not either party is entitled to damages and
attorneys fees.
STATEMENT OF
RELEVANT ISSUES
PARTIES PRESENT
FOR RESOLUTION
The Arguments
I.
TED GONZALO DID NOT HAVE AUTHORITY TO BIND GONZALO
REALTY TO THE LONG-TERM LEASE AGREEMENT THAT HE SIGNED
WITH MARANAN
269

Page 3 of 7
Maranan claims that Gonzalo Realty is bound by the contract that
he entered into with Ted Gonzalo since, as president of Gonzalo
Realtys president in 1998 did not mean that all his acts were the acts
of the corporation. Consider the following:
First. Ted did not enter into the subject contract of lease on
behalf of Gonzalo Realty, either as its president or as its agent. The
portion of the contract, Exhibit A, which identified who the parties
were to that agreement, shows that Maranan contracted only with Ted
in the personal capacity. Thus
This Contract is made and entered into by and between:
TED R. GONZALO, of legal age, Filipino, married,
with residence and postal address at 336 J.P. Rizal St.,
Mandaluyong City, hereinafter referred to as the
LESSOR;
-andRAMON C. MARANAN, of legal age, Filipino with
residence and postal address at 478 Tangco St.,
Mandaluyong City, hereinafter referred to as the
LESSEE.
Since the above contract specified Ted Gonzalo as the lessor of
the property, Maranan cannot pretend that he entered into that
contract with Gonzalo Realty itself. The latters name does not appear
on the face of the contract at all. As a businessman, Maranan is
intelligent and his eyes were open. He should be held bound by the
representations in that contract that he had dealt only with Ted in his
personal capacity.
Second: The contract falsely claimed that Ted owned the subject
lots. The whereases clause unmistakably states:
WITNESSETH:
WHEREAS, the LESSOR [Ted Gonzalo] is the
registered owner of two (2) parcel of land, covered and
embraced by Lot 25, containing an area of 102 square
meters and Lot 26 with an area of 15 square meters,
both situated at Banaba Subdivision, Poblacion,
Mandaluyong City.
WHEREAS, the LESSEE desires to lease the above
mentioned two (2) Lots and the Lessor is willing to lease
the same unto said Lessee, under the following terms
and conditions, to wit:
XXX
XXX
XXX
XXX
Maranan testified that he knew that the two lots belonged to Gonzalo
Realty even before he leased them (TSN, August 27, 2008, p. 29). He,
therefore, acted with malice and bad faith when he nonetheless agreed to
lease them from Ted under an understanding, which was a false one as
Maranan very well knew, that Ted owned the property. A party who had
acted in this way could not avail himself of any equitable relief from the
consequences of his improper conduct.
270
LEGAL ETHICS TEAM:

BODY OF
ARGUMENTS

Page 4 of 7
Third. It does not help Maranans case that he admitted in the
course of re-cross that before he leased the property from Ted, he had
seen the deed of exchange, Exhibit G, which Gonzalo Realty entered
into with Acme Realty Corp. for a swap of the lots between them. Since
the document was a sample of how Gonzalo Realty, a corporation,
contracted with third persons, Maranan was familiar with the form
used. Indeed, he admitted that he read the front portion of the deed of
exchange and saw that, although the contracting party was Gonzalo
Realty, the document declared that Ted, its president, represented it in
the transaction.
Still, when it came to the two lots that Maranan allegedly leased
from Gonzalo Realty, he went along with the idea that Ted would act
on his own, in a personal capacity, rather than as Gonzalo Realtys
representative. Maranan could not, therefore, claim ignorance of what
it took to bind a corporation to a contract. He knew that the lease
contact did not bind Gonzalo Realty.
Fourth: Even if Maranan and Ted had wanted the latter to bind
Gonzalo Realty into that contract, still Ted could not do so. Section 23
of the Corporation Code vests in the board of directors the corporate
powers of a corporation, including the power of control over all its
properties.
Sec.23. The board of directors or trustees.Unless otherwise provided in this Code, the corporate
powers of all corporations formed under this Code shall
be exercised, all business conducted and all property of
such corporation controlled and held by the board of
directors or trustees to be elected from among the
holders of stocks, or where there is no stock, from
among the members of the corporation, who shall hold
office for one (1) year and until their successors are
elected and qualified.
BODY OF
ARGUMENTS
As president, Ted only had powers of general administration

under the corporations by-laws (TSN, January 30,2007, p.14). Article
1877 of the Civil Code governs the scope of his authority. Thus:
Art. 1877. An agency couched in general terms
comprises only acts of administration, even if the
principal should state that he withholds no power or
that the agent may execute such acts as he may
consider appropriate, or even though the agency
should authorize a general and unlimited
management.
Consequently, with his limited powers, Ted could not encumber
the properties of the corporation for a twenty-five-year lease with no
adjustments in rent. Such is not an act of general administration.
Indeed, Article 1878 (8) of the Civil Code provides that a person acting
for his principal, like Ted acting for Gonzalo Realty, needs a special
power of attorney to lease any real property to another for more
than one year. Thus:

271

Page 5 of 7
Art. 1878. Special powers of attorney are
necessary in the following cases:
XXX
XXX
XXX
XXX
8. To lease any real property to another person
for more than one year;
XXX
XXX
XXX
XXX
Here, neither the complainant nor the contract of lease states
that Ted had been empowered with a special power of attorney
approved by the Board of Directors of Gonzalo Realty to lease its
two lots to Maranan for twenty-five years with no change in rental.
Fifth. Assuming that Ted had the authority to enter into longterm lease contracts on behalf of Gonzalo Realty even without a
special power of attorney from its board of directors (a point that is
not conceded), still he could not have bound Gonzalo Realty to the
particular contract subject of this case. Article 1883 of the Civil Code
provides that, if an agent acts in his own name, the principal has
not right of action against the persons with whom the agent has
contracted; neither have such persons against the principal.
Here, clearly, Ted acted in his own name. Consequently,
Maranan had no right of action against Gonzalo Realty.
II.
GONZALO REALTY HAS NOT RATIFIED THE CONTRACT OF LEASE
BETWEEN TED GONZALO AND MARANAN
Maranan next claims that Gonzalo Realty should be considered
as having ratified the contract in question considering how it had
received monthly rents from him as evidenced by the receipts that it
issued.
But Gonzalo Realty could not ratify a contract that it did not
know existed. Judith Gonzalo testified that they learned of the
contract of lease between Ted and Maranan only in August 2006and
Gonzalo Realty lost no time to assail it. Indeed, neither Maranan nor
his warehouseman, Fred Simon, testified to having previously
discussed with Judith or Edmund Gonzalo, whom they knew were
directors and later presidents of the company, the matter of the
twenty-five year contract of lease.
BODY OF
ARGUMENTS
Nor could Maranan capitalize on the fact that he had

faithfully paid monthly rentals of P2,000.00 for the property from
2003 to August 2007. Consider the following:
1.
As Judith Gonzalo testified, when she took over
from Ted as president of Gonzalo Realty in August 2006, she
simply continued to have the rentals collected from the known
existing tenants on their properties. She had assumed, in the
absence of any written contract in the files of the corporation,
that these tenants were, consistent with Guillermos limited
authority, on a month-to-month lease only since they were paying
rents on a monthly basis.
272
LEGAL ETHICS TEAM:


Page 6 of 7
Consequently, Maranan cannot infer from the fact of
Gonzalo Realtys receipt of rentals from him beginning in August
2006 that it had knowledge and approved of his 2003 contract of
lease. Only when Maranan invoked his alleged twenty-five year
contract with Ted and sent a copy of it to Gonzalo Realty around
August 2007 did the latter learn of its existence. And Gonzalo
Realty promptly informed Maranan that the contract was void.
2.
The receipts that Maranan got for the rents he paid
are consistent with Gonzalo Realtys lack of knowledge of the
contract and his occupation of the property in 2003. The paper
trail of receipts he offered is interesting and proves this point.
Consider the following:
First. The lease evidently ran for over two years from April
2003 to July 2006 as a secret, illicit agreement solely between
Maranan and Ted. The receipts corresponding to this period were
mostly unofficial, written on scratch papers of various sizes (Exhs.
D to D-34). In some cases, official receipts had been issued
but these were in the name of TRG Enterprises, a business that
belonged to Ted. TRG stood for Ted R. Gonzalo. For five years,
therefore, Maranan and Ted actually cheated Gonzalo Realty of
earnings from its property.
Second. Official receipts from Gonzalo Realty appeared
only from August 2006, consistent with Judith Gonzalos
testimony that only from that month did their company begin to
collect rents from Maranan (Exhs. B to B-19). She testified
that they assumed that Maranan had been leasing the property
on a month-to-month basis and they collected rents from him in
good faith on the basis of that belief.
BODY OF
ARGUMENTS
III.
GONZALO REALTY IS ENTITLED TO DAMAGES
For having instituted this baseless and malicious suit,
Maranan should be held liable to Gonzalo Realty for moral
damages and attorneys fees.
WHEREFORE, defendant Gonzalo Realty
respectfully prays the Court to render judgment:
Corporation
1. Dismissing the petition for lack of merit; and

2. Ordering plaintiff Ramon C. Maranan to pay defendant
moral damages of P1 million and attorneys fees of P100,000.00
plus appearance fee for counsel at P3,000.00 per hearing.
RELIEF
[Explanation: A copy of this memorandum has been served

on the adverse party by registered mail in view of the distance
and the absence of a messenger who could make a personal
service.]

273

Page 7 of 7
Manila for Muntinlupa City, May 12, 2009.
ISABELA H. FONTANILA
Counsel for Gonzalo Realty Corp.
2nd Flr. Olympia Bldg
445 Buendia Avenue
Makati City
Atty. Roll No. 23456
IBP 544498 12-21-09
PTR 8723254 01-02-09
MCLE Compliance III-295
Email: ihfontanilla@yahoo.com
Copy furnished:
Atty. Shaira A. Cruz
346 President Avenue
Paraaque City
Source: Abad, Roberto. The Fundamentals of

Legal Writing. 2009.
274
LEGAL ETHICS TEAM:

Index
LEGAL ETHICS
Legal ethics
Sources of ethical standard
Two-fold Aspects of
power of contempt
13
1
1
II. DUTIES AND RESPONSIBILITIES

OF A LAWYER
I. PRACTICE OF LAW
Administrative Complaint
11
Amicus curiae par excellence
2
Amicus curiae
2
Assumpsit
2
Attorney ad hoc
2
Attorney in Fact
2
Attorney of record
2
Attorney
8
Attorney-at-law
2
Attorney-Client Relationship
4
Bar association
2
Bar Matter 1161
6
Bar
1
Bench
1
Client
3
Compensation
4
Contempt (Civil)
13
Contempt (Criminal)
13
Contempt (Direct)
12
Contempt (Indirect)
12, 13, 14
Contempt of Court
11, 12
Continuing Requirements
8
Counsel de parte
2
Counsel/attorney de officio
2
Declaratory Relief
11, 12
Disqualification
11
Estafa
11, 12
Habituality
4
In-house or house counsel
2
Katarungang Pambarangay
11
Law student practice rule
8
Lawyers oath
17
Lead counsel
2
Notarial Act
4
Obligations of a newly
constituted lawyer
8
Of Counsel
2
Petition for Injunction
11, 12
Power to disbar
13
Practice of law
1
Practicing lawyer
1
Private practice
5
Private prosecutor
3
Pro se
3
Pro Se
10
Public officials
15
Public prosecutor
3
Sharia Bar
6, 7
Small Claims Court
11
Solicitor General
16
Trial lawyer
3
Four-Fold Duties of a Lawyer
19
A.
20
The Lawyer and the Society
Adverse-interest conflicts
39
Ambulance chasing
26
Any matter
39
Barratry
26
Canon 1
20
Canon 1, Rule 1.01
21
Canon 1, Rule 1.02
25
Canon 1, Rule 1.03
26
Canon 1, Rule 1.04
27
Canon 2
27
Canon 2, Rule 2.01
28
Canon 2, Rule 2.02
32
Canon 2, Rule 2.03
32
Canon 2, Rule 2.04
34
Canon 3
35
Canon 3, Rule 3.01
35
Canon 3, Rule 3.02
35
Canon 3, Rule 3.03
36
Canon 3, Rule 3.04
36
Canon 4
37
Canon 5
37
Canon 6
37
Canon 6, Rule 6.01
38
Canon 6, Rule 6.02
38
Canon 6, Rule 6.03
38
Congruent-interest
representation conflicts
39
Crime of maintenance
26
Deceitful conduct
23
Defenseless
28
Dishonest Conduct
21
free legal aid services
29
Free Legal Assistance Act of 2010
31
Gross Immoral Conduct
21
Grossly immoral(ity)
23, 24
Immoral conduct
21, 23
Immoral Conduct
21
Indigent and pauper litigants
29
Indirect solicitation
33
Intervene
39
Just debts
23
Legal advice
32
Legal Aid Cases
29
Mandatory Legal Aid Service
28
Moral turpitude
25
Morality
23
Oppressed
28
Practicing lawyers
28

275

R.A. 9999
Rule of Law
Rule on Mandatory Legal Aid Services
Unlawful Conduct
31
20
28
21
B. The Lawyer and the Legal Profession

Canon 7
Canon 7, Rule 7.01
Canon 7, Rule 7.02
Canon 7, Rule 7.03
Canon 8
Canon 8, Rule 8.01
Canon 8, Rule 8.02
Canon 9
Canon 9, Rule 9.01
Canon 9, Rule 9.02
Integrated Bar of the Philippines
Integration of the Bar
fitness to practice law
Privileges and Duties of a Lawyer
Board of Governors
Membership
Membership dues
40
45
45
46
47
48
49
50
50
50
40
40
46
47
40
43
44
C. The Lawyer and the Courts

Administrative complaint
Canon 10
Canon 10, Rule 10.01
Canon 11
Canon 12,
Canon 13
Cardinal condition of criticism
Forum shopping certification
Forum-shopping
Proper authorities
Witness
276
58
51
52
53
53
53
54
56
56
56
57
58
59
60
60
62
62
63
63
64
64
65
65
65
66
59
61
60
58
63
D. The Lawyer and the Client

Acceptance fee
Appearance
Attorney-Client Relationship
Canon 14
Canon 14, Rule 14. 01
Canon 15
Canon 16
Canon 17
Canon 18
Canon 19
Canon 20
Canon 21
Canon 22
Champertous contract
charging lien
Collaborating Counsel
Compromise
Concurrent or
multiple representations
Confidence
Confidentiality Rule
99
95
66, 83
68
69
69
71
72
73
76
73
78
79
80
81
81
82
82
83
85
85
87
87
89
89
90
90
90
92
93
94
94
95
96
103
103
105
106
107
107
108
108
108
108
108
109
111
112
102
104
89
93
76
106
73
LEGAL ETHICS TEAM:

Index
Conflict search
Contingency fee arrangement
Contingent fee
Contingent contract
Counsel de Officio
Damages, kinds
Doctrine of imputed knowledge
Extraordinary attorney's fee
fiduciary duty
Fixed or absolute fee
General appearance
General retainer/retaining fee
Hot Potato Doctrine
Lawyer- Referral System
Notice to counsel
is notice to client rule
Ordinary attorney's fee
plea of guilty
Principal Types of
Professional Activity
Privilege communication
Quantum meruit
Retainer
Retaining lien
Secret
Sequential or
successive representation
Special appearance
Special retainer
Conflict of Interest, test
Conflict of Interest, types
76
101
96
102
70
112
91
98
84
96
95
101
111
103
91
98
92
67
74
97
100
103
106
77
95
101
76
76
III. DISCIPLINE OF LAWYERS

Admonition
Censure
Deceit
Disbarment
Gross Immorality
Gross Misconduct
Grossly Immoral Conduct
Interim Suspension
Malpractice
Moral Turpitude
Non-professional misconduct
Probation
Reprimand
Sui Generis
Suspension
Warning
114
114
116
114
116
116
116
115
116
117
117
115
114
118
114
114
IV. READMISSION TO THE BAR

Reinstatement
127
V. MANDATORY CONTINUTING LEGAL

EDUCATION
MCLE
Non-Participatory Credit
Participatory Credit
131
131
131
VI. NOTARIAL PRACTICE

Acknowledgement
Affirmation/Oath
Commission
Copy Certification
Competent Evidence of Identity
Jurats
Loose notarial certificate
Notarial Certificate
Notarial Commission
Notarial Register
Notary Public
Regular Place of Business
Signature Witnessing
136
137
135
139
144
138
140
140
135
141
133
143
138
JUDICIAL ETHICS
I. PRELIMINARY
De Facto Judge
De Jure Judge
Judge
Judicial Deportment
Judicial Ethics
Proper Judicial Conduct
147
147
147
147
147
148
II. NEW CODE OF JUDICIAL CONDUCT

Any proceeding
Canon 1, Independence
Canon 1, section 1
Canon 1, section 2
Canon 1, section 3
Canon 1, section 4
Canon 1, section 5
Canon 1, section 6
Canon 1, section 7
Canon 1, section 8
Canon 2, Integrity
Canon 2, section 1
Canon 2, section 2
Canon 2, section 3
Canon 3, Impartiality
Canon 3, section 1
Canon 3, section 2
Canon 3, section 3
Canon 3, section 4
Canon 3, section 5
158
148
149
150
150
151
151
152
152
152
152
153
153
154
154
155
156
156
157
158

277

Canon 3, section 6
Canon 4, Propriety
Canon 4, section 1
Canon 4, section 2
Canon 4, section 3
Canon 4, section 4
Canon 4, section 5
Canon 4, section 6
Canon 4, section 7
Canon 4, section 8
Canon 4, section 9
Canon 4, section 10
Canon 4, section 11
Canon 4, section 12
Canon 4, section 13
Canon 4, section 14
Canon 4, section 15
Canon 5, Equality
Canon 5, section 1
Canon 5, section 2
Canon 5, section 3
Canon 5, section 4
Canon 5, section 5
Canon 6, Competence and Diligence
Canon 6, section 1
Canon 6, section 2
Canon 6, section 3
Canon 6, section 4
Canon 6, section 5
Canon 6, section 6
Canon 6, section 7
Cold neutrality of an impartial judge
Dignified conduct
Disqualification, types
Duty to sit
Extra-judicial source rule
Individual Judicial Independence
Institutional Judicial Independence
Inhibition
Judges Family
Rule of Necessity
Ticket fixing
Undue interference
159
161
161
163
164
164
164
165
165
165
166
167
167
168
168
168
169
170
170
170
170
171
171
172
172
173
174
175
175
176
177
155
163
159
156
155
149
149
160
151
157
166
156
Canon 3, Rule 3.02

Canon 3, Rule 3.03
Canon 3, Rule 3.04
Canon 3, Rule 3.05
Canon 3, Rule 3.06
Canon 3, Rule 3.07
Canon 3, Rule 3.08
Canon 3, Rule 3.09
Canon 3, Rule 3.10
Canon 3, Rule 3.11
Canon 3, Rule 3.12
Canon 3, Rule 3.13
Canon 4
Canon 4, Rule 4.01
Canon 5
Canon 5, Rule 5.01
Canon 5, Rule 5.02
Canon 5, Rule 5.03
Canon 5, Rule 5.04
Canon 5, Rule 5.05
Canon 5, Rule 5.06
Canon 5, Rule 5.07
Canon 5, Rule 5.08
Canon 5, Rule 5.09
Canon 5, Rule 5.10
Disqualification
Extrajudicial Appointments
Fiduciary Activities
Financial Disclosure
180
180
180
180
180
180
180
180
180
180
181
181
181
181
182
182
182
182
182
182
183
183
183
183
183
181
183
183
183
IV. DISCIPLINE OF MEMBERS OF

THE JUDICIARY
Impeachment
Inefficiency
Less serious charges
Light charges
Reinstatement
Serious Misconduct
Serious charges
184
185
187
187
19
184
187
LEGAL FORMS
I. COMMON FORMS
III. CODE OF JUDICIAL CONDUCT

Adjudicative Responsibilities
Canon 1
Canon 1, Rule 1.01
Canon 1, Rule 1.02
Canon 1, Rule 1.03
Canon 2
Canon 2, Rule 2.01
Canon 2, Rule 2.02
Canon 2, Rule 2.03
Canon 2, Rule 2.04
Canon 3
Canon 3, Rule 3.01
278
179
178
178
178
178
178
178
179
179
179
179
179
Acknowledgement
Business Forms
Certificate of Non-Forum Shopping
Document
Judicial Forms
Jurat
Pleading
Prayer
Private Document
Proof of service, form
Public Document
Scilicet / S.S.
Verification
192
192
196
192
192
193
194
195
192
196
192
192
198
LEGAL ETHICS TEAM:

Index
II. BUSINESS FORMS
Contracts
Conveyance
Corporation, forms
Deed
Holographic will
Negotiable instruments, forms
Notarial will
Partnership, forms
Power of attorney, general
Power of attorney, special
Will, forms
199
199
213
204
220
220
221
218
211
212
220
III. JUDICIAL FORMS

Affiant
Affidavit
Affidavit of Good Faith
Affidavit of Merit
Answer
Answer with special and affirmative
defenses and counterclaim
Answer with specific
denial under oath
Answer with third party complaint
Certificate of candidacy
Certificate of preliminary investigation
Certiorari
Comment/Opposition to offer
Complaint
Complaint for collection
of sum of money
Complaint for ejectment
Complaint for interpleader
Complaint for judicial partition
of estate
Complaint for replevin
Complaint for unlawful detainer
Complaint with several
causes of action
Counter-affidavit
Criminal Action
Criminal Complaint
Declaratory Relief
Demurrer to evidence
Election forms
Election protest
General form of information
Habeas corpus
Information
Legal Opinion
Mandamus
Motions
Motion for Bail
Motion for extension
Motion for Judgment on the Pleadings
Motion for new trial
223
223
225
224
233
234
Motion for postponement of hearing 227

Motion to declare defendant in default 226
Motion to dismiss
227
Motion to intervene
228
Motion to lift order of default
227
Motion to quash
229
Motions
230
Notice of Appeal
254
Petition
235
Petition for Adoption
236
Petition for change of name
240
Petition for Certiorari
242
Petition for extradition
246
Petition for guardianship
237
Petition for habeas data
239
Petition for Habeas Corpus
237
Petition for writ of Amparo
238
Probate of will
245
Prohibition
243
Quo Warranto
246
Trial Memoranda
267
Writ of amparo
237
Writ of habeas data
240
Substitution of Counsel
254
236
235
256
257
241
254
230
236
238
233
237
232
231
234
249
248
247
243
229
255
257
249
236
250
258
244
225
229
228
226
228

279
Bibliography
Abad, Roberto A. Fundamentals of Legal Writing. Quezon City: Central Book Supply, Inc. 2009.
Agpalo, Ruben E. Legal and Judicial Ethics. Quezon City: Rex Printing Company, Inc. 2009.
Aguirre, Vyva Victoria M. Legal and Judicial Ethics : A Pre Week Reviewer. Quezon City : Quicklaw. 2006.
Albano, Judge Ed Vincent S. and Albano II, Ed Vincent A. Bar Reviewer in Legal Ethics. Quezon City: Rex
Printing Company, Inc. 2004.
Antiquiera, Eldrid C. Comments on the Code of Professional Responsibility for Lawyers. Manila, Philippines :
Rex Book Store. 2007.
Code of Professional Responsibility (Annotated), Philippine Judicial Academy.
Funa, Dennis B. Legal and Judicial Ethics : With Bar Examination Questions. Quezon City : Central Book Supply.
2009.
Guevara, Sulpicio. Legal Forms Annotated. Quezon City: Rex Printing Company, Inc. 1991.
Lapea Jr., Nicolas P. Bar Review Guide in Legal and Judicial Ethics. Quezon City: Central Book Supply. 2009.
Pamaran, Manuel R. Trial Practice in Philippine Courts. Quezon City: Central Book Supply, Inc. 2004.
Pao, Ernani Cruz. Bar Reviewer in Legal and Judicial Ethics. Quezon City: Rex Printing Company, Inc. 2005.
Philippine Judicial Academy. ABA-Rule of Law Initiative and the UP Law Center-Institute of Judicial Admin.
New Code of Judicial Conduct for the Philippine Judiciary Annotated. 2007.
Pineda, Ernesto. Judicial Ethics. Quezon City: Central Book Supply, Inc. 2009.
Pineda, Ernesto. Legal Ethics. Quezon City: Central Book Supply, Inc. 2009.
Pineda, Ernesto. Legal and Judicial Ethics. Quezon City: Central Book Supply, Inc. 1999.
Suarez, Rolando A. Legal Forms. Manila: Rex Bookstore. 2007.
Tabucanan, Gil Marvel P., Legal Writing: A Competency-Based Approach. Manila, Philippines. 2010.
Te, Theodore O., Pleadings, Petitions, Motions and Other Judicial and Legal Forms. 2007.
http://www.chanrobles.com
http:// www.lawphil.net
http:// sc.judiciary.gov.ph
280
LEGAL ETHICS TEAM:


Important Bar Exam Notes On Legal Forms For 2011

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Important Bar Exam Notes On Legal Forms For 2011

Uploaded by

Copyright:

Available Formats

UST golden notes 2011

Q: What does the study of Legal Forms include?

Note: Acknowledgment is a statutory act such that

Q: What are examples of instruments that must

A: It includes the following:

Q: When is an acknowledgment made?

Q: What is the meaning of Scilicet or S.S.?

LEGAL ETHICS TEAM:

Ust golden notes 2011

[6] DATE AND PLACE

[10] JUAN DELA CRUZ

Title of the notarial act

[6] Date and place of issue of the competent

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II

UST- Golden Notes 2011

A: It is used in any notarized document that is

Note: Jurat is important as it gives the document a

Q: Who executes a Jurat?

Note: A jurat should be used only in affidavits, sworn

A: Remember its three (3) sections:

[1] The Notarys declaration regarding when

Expiration date of the Notarial

The details of the Notarial Register

LEGAL ETHICS TEAM:

Legal Forms Common Forms

Q: What are the parts of a pleading?

Q: What are pleadings?

Form 3: General Format of a Pleading

Civil Case No.____

Makati City, Philippines, ________ (date) __________.

ACADEMICS CHAIR: LESTER JAY ALLAN FLORES

UST- Golden Notes 2011

Copy furnished through personal service:

Received By. ______

Form 6: Proof of Service Through Registered Mail with Explanation

Registry Receipt No.___________

LEGAL ETHICS TEAM:

Legal Forms Common Forms

Certifies that he has not theretofore

If there is such other pending action or

Undertakes that if he should thereafter

Q: What is the consequence on failure to

Q: Who executes the certification against forum

Form 7: Certification of Non-forum Shopping

Republic of the Philippines)

ACADEMICS CHAIR: LESTER JAY ALLAN FLORES

UST Golden Notes 2011

Q: When is verification necessary?

A: Verification is necessary only when the law or

Appeal from CTA and quasi-judicial

Q: What are the contents of verification?

Complaint and other initiatory pleadings

Form 9: Verification and Certification of Non-forum Shopping

Republic of the Philippines)

LEGAL ETHICS TEAM:

Legal Forms - Business Form

II. BUSINESS FORMS

Note: Conveyance is a deed whereby the ownership

Q: What are the parts of a contract of lease of

Contract is a juridical convention manifested in legal

Form 10: Contract of Lease of Personal Property

Q: What are the parts of a contract of lease of

Note: State citizenship, if the transaction involves

Makati City, Philippines, (date) __.