LEGAL FORMS

SECTION B
ATTY. EMMANUEL EBARLE

BAR QUESTIONS ON LEGAL FORMS: YEAR 2010-2016

2010 BAR:

A. Prepare the following:

1. Verification and Certification Against Forum Shopping
SUGGESTED ANSWER:

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________, of legal age, after having been duly sworn in accordance with law, depose
and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

___________________________

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 200_ at _________________
affiant exhibiting to me his Community Tax Certificate No.____________________ issued on
________________ 200_ at ______________ City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 200_
2. Petition for Letters Rogatory
SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 2
BAGUIO CITY

Mr. A,Plaintiff,

- versus - CIVIL CASE NO. CV-071898

For: SUM OF MONEY
Mr. B,Defendant.
xx
LETTERS ROGATORY

The Municipal Trial Court of Baguio City-Branch 2 to Judge or Tribunal having

jurisdiction of Civil Cases at Canada;

WHEREAS, a certain suit is pending in the Municipal Trial Court of Baguio City,
in which Mr. A is the plaintiff and Mr. B is defendant, and it has been suggested to us
that there are witnesses residing within your jurisdiction without whose testimony
justice cannot completely be done between said parties.

WE, THEREFORE, request you that in furtherance of justice you will by the
proper and usual process of your courts cause such witness (or witnesses) as shall be
named or pointed out to you by the said parties or either of them, to appear before
you or some competent person by you for that purpose to be appointed and
authorized at a precise time and place by you to be fixed and there to answer on
their oaths and affirmations to the
several interrogatories hereunto annexed; and that you will cause their depositions to
be committed to writing and returned to us under cover duly closed and sealed up
together with these presents. And we shall be ready and willing to do the same for
you in a similar case when required.
Chuck Damaso
CLERK,
Municipal Trial Court
Court of Baguio City

B. Draft the accusatory portion of an Information for Rape of a 13-year old child
committed by her maternal uncle in broad daylight at the back of a church.

SUGGESTED ANSWER:
(CAPTION)

INFORMATION
The undersigned prosecutor charges the accused, Juan Dela Cruz, of
the crime of RAPE, committed as follows, to wit:
That on or about January 4, 2010, at about 9:30 AM, in the City of
Cagayan de Oro, and within the jurisdiction of this Honorable Court, the
accused, who, in broad daylight, surreptitiously led his 13-year old nice,
Angela Santos, at the back of the Holy Trinity Church, and did then and there
willfully, unlawfully, and feloniously had carnal knowledge with said Angela
Santos against her will and by means of force, violence, intimidation and
threats.

Contrary to law.

_____________, Philippines, __Date__.

PROSECUTOR

Witnesses:
___________________
___________________
C. Draft a Petition for the Issuance of a Writ of Habeas Data

SUGGESTED ANSWER:

CAPTION/TITLE

PETITION

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:

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.

________ 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

D. Draft a Petition for Bail

SUGGESTED ANSWER:

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 147
Makati City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

Crim Case No. 12345

- versus -
FOR:
Frustrated Murder
AKU SADO,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x

PETITION FOR BAIL

Accused, through the undersigned counsel, unto this Honorable

Court, respectfully states:

1. That accused is currently detained at the Makati City Jail for the charge of
Frustrated Murder and has been behind bars since his arrest on August 1, 2013;

2. That no bail has been recommended for his temporary release on the assumption
that the evidence of guilt is strong;

3. That the prosecution's evidence of guilt against accused, however, is weak as

there is no direct evidence that will point to the accused to have committed the the
charges against him. The records will show that accused was malicious implicated in
the case through the sworn statements of SINU NGALING and BULA AN who
subsequently recanted their testimonies and confessed, among others, that they
were made to sign the "affidavits of witnesses" against their will. (copies of
the Affidavits of Recantation are hereto attached as Annexes "A" and "B")

4. That there is no other physical or documentary evidence to show that accused is

guilty of the crime charged;.

5. That the burden of showing that evidence of guilt is strong is on the prosecution,
and since this fact is not satisfactorily shown, accused is entitled to bail as a matter
of right during the pendency of the criminal case.

WHEREFORE, upon prior notice and hearing, it is respectfully prayed of this

Honorable Court that accused AKU SADO be allowed to post bail for his temporary
liberty pending trial of the criminal charge against him.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

15 August 2013
City of Makati.

ATTY. VX YZ
Counsel for the Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 147
Makati City

Greetings!

Please submit the foregoing motion to the Honorable Court on August 27, 2013 at
8:30 in the morning for its favorable consideration and approval.

VX YZ

Copy furnished by personal service:

PROSECUTOR WX YZ
Office of the City Prosecutor, Makati City

ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City

2011 BAR:

A. The acknowledgment appearing in a deed of sale reads:

Before me personally appeared this 30 August 2010 Milagros A. Ramirez, who
proved her identity to me through witnesses: (1) Rosauro S. Balana, Passport UU
123456; 1-5-2010/Baguio City; and (2) Elvira N. Buela, Passport VV 200345; 1-17-
2009/Manila. Both witnesses, of legal ages, under oath declare that: Milagros A.
Ramirez personally known to them; she is the same seller in the foregoing deed of
sale; she does not have any current identification document nor can she obtain any
current identification document nor can she obtain one with a reasonable time; and
that they are not privy to or are interested in the deed they signed. What is the
status of such a notarial acknowledgment?

1. Questionable since the notary public is not shown to personally know the
principal party.
2. Ineffective since it included parties not privy to the deed.
3. Invalid since the evidence of identity is non-compliant with the notarial
rules.
4. Valid since it is a manner of establishing the identity of the person
executing the document.
ANSWER: D. Valid since it is a manner of establishing the identity of the
person executing the document.

B. In what documented act will a notary publics failure to affix the expiration date
of his commission warrant administrative sanction?

1. In the jurat of a secretarys certificate

2. In the will acknowledged before him
3. In the signature witnessing he performed
4. In the document copy he certified
ANSWER: B. In the will acknowledged before him.

C. Myra asked Atty. Elma to notarize her deed of sale. When Elma asked for Myras
competent evidence of identity, she explained that she does not have any current
identification document nor could she get one soon. Instead, she presented her
friends, Alex, who showed Atty. Elma his drivers license and confirmed her Myras
identity. Is Alexs identification of Myra valid?

1. Yes, provided Alex states in the deed of sale that he knew Myra personally.
2. No, Myra needs to produce a valid identification document of herself.
3. No, since Alex is not himself a party to the document.
4. Yes, since Alex had a valid identification document.
ANSWER: B. No, Myra needs to produce a valid identification document of
herself.

D. Which of the following is required of counsel when withdrawing his services to a

client in a case?

1. Counsels desire to withdraw, expressed in his motion.

2. Payment of withdrawal fee.
3. Opposing counsels conformity to the withdrawal.
4. Clients written consent files in court.
ANSWER: D. Clients written consent filed in court.

2012 BAR:

A. Which of these does not constitute competent evidence of identity?

1. Passport
2. SSS Card
3. Community Tax Certificate
4. Senior Citizen Card
ANSWER: C. Community tax certificate

B. What is the effect when the parties to a document acknowledged before a notary
public did not present competent evidence of identity?
1. Voidable
2. Valid
3. Invalid notarization
4. Unenforceable
ANSWER: C. Invalid notarization
2013 BAR:

A. Under the 2004 Rules of Notarial Practice, what may be used to satisfy the
requirement of competent evidence of identity?

1. Passport, Senior Citizen Card, HMO Card

2. Police clearance, credit card, Professional Regulatory Commission (PRC) ID
3. Voters ID, NBI Clearance, Drivers license
4. Ombudsmans clearance, private office ID, PhilHealth card
5. All of the above
ANSWER: (C) Voters ID, NBI clearance, Drivers license.

B. Armin, holding a Transfer Certificate of Title to a lot in downtown Calamba, in the

name of Bobby, shows you the title and claims that Bobby sold him the lot. He then
asks you to draft a deed of sale covering the transaction. In reply to your query on
where Bobby is, Armin explains that Bobby is currently out of the country but he
(Armin) has his general power of attorney which he also shows to you. The power of
attorney empowers Armin to do everything that Bobby can do with the Calamba lot,
but you note that it does not specifically authorize Armin to sell the property. Armin
also assures you that he wants the deed of sale drafted so he can send it to Bobby
for his signature even while overseas.

How will you act under the given circumstances?

1. Agree to draft the deed of sale, subject to your usual 10% commission.
2. Refuse to draft the deed of sale, as Armin has not presented a special
power of attorney that would support the deed that he is asking you to prepare.
3. Refuse to draft the deed of sale, as Bobby is not present to sign the deed
of sale and verify that he is indeed selling his lot to Armin.
4. Agree to draft the deed of sale, since it is only a draft that Bobby still has
to consider and sign.
5. Refuse to have anything to do with Armins request because it is a
potentially problematic situation given the piece of lot in downtown Calamba.
ANSWER: (B) Refuse to draft the deed of sale, as Armin has not presented
a special power of attorney that would support the deed that he is asking
you to prepare.

NOTE: No Legal Forms questions were asked from 2014-2016.

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