PREPARING BRIEF LEGAL FORMS

1. JURAT - The following is the form of a jurat. A jurat should be used only
in affidavits, sworn statements, certifications, verifications and the like –
never in contracts.

REPUBLIC OF THE PHILIPPINES

PROVINCE OF RIZAL ) Sc. *
MUNICIPALITY OF CAINTA

or

REPUBLIC OF THE PHILIPPINES

CITY OF MANILA

Subscribed and sworn to before me on _____ (date), affiant

exhibiting to me his (government-issued identification with
picture, like driver’s license, passport, Senior Citizens i.d.,
SSS/GSIS i.d., postal i.d., etc.).**

Witness my hand and seal.

Doc. No. ___ ATTY. ______________

Page No. ___ Notary Public
Book No. ___ My commission expires
Series of (year) on December 31, ____***
PTR No. _____
issued on _____ (date)
at _____ (place)

* Sc. - This is the correct abbreviation of the word “scilicet,” meaning

“particularly in.” Others use “Ss.” and “S.S.” - both of which are
incorrect.

** The latest circular on notarial practice issued by the Supreme Court

requires the notary public to state a government-issued identification with
picture.

*** The phrase “Until Dec. 31 _____” may be used as a substitute for this
statement.
page 2 of Preparing Brief Legal Forms –

2. ACKNOWLEDGMENT - The following is the form of an “Acknowledgment.”

It should be used only in contracts, never in affidavits or sworn statements.

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

CITY OF MANILA

or

REPUBLIC OF THE PHILIPPINES

PROVINCE OF CAVITE
MUNICIPALITY OF KAWIT

Before me on _____ (date) personally appeared _____ (name of

Party No. 1) with his (government-issued identification with
picture) (name of Party No. 2) with his (government-issued
identification with picture), known to me to be the persons who
executed the foregoing Contract of _____, and they
acknowledged to me that it is their voluntary act.

(As required by the Property Registration Decree, the following

statement should be added if the contract involves titled real
property.)

This contract relates to the sale/mortgage/lease of a parcel of

land situated in _____ (place), consists of ____ (number of)
pages, including this where the Acknowledgment is stated, and
was signed by the parties on the _____ (state where the parties
signed on every page).

Witness my hand and seal.

Doc. No. _____ ATTY. _____________

Page No. ____ Notary Public
Book No. ____ Until Dec. 31, ____
Series of (year) PTR No. __________
issued in ____ (place)
on _____ (date)
page 3 of Preparing Brief Legal Forms –

3. Preparing an Affidavit/Sworn Statement - In preparing an affidavit or a

sworn statement, one has to state only those matters which he wants to
establish by his written declaration.

(a) AFFIDAVIT

I, _____ (name), of legal age and a resident of _____ (place),

under oath declare that:

1. I was issued a non-professional driver’s license by the Land

Transportation Office;

2. I used to keep that license in my wallet;

3. last _____ (date), while I was in _____ (place) my

wallet, together with my driver’s license was stolen;

4. I am executing this sworn statement, as required, to enable

me to obtain a replacement for that license.

(place and date of execution)

(signature of affiant)

(Add a “Jurat.”)

(b) AFFIDAVIT OF SERVICE

I, _____ (name), of legal age and a resident of _____ (place),

under oath declare that:

1. I sent a copy of the Petition for Review upon Respondent

_____ (name) by registered mail. The registry receipt issued by
the Postmaster of _____ (place) on _____ (date) is hereto
attached as Annex “A.”

2. I also served a copy of said Petition upon the respondent

_____ (name) in person. His acknowledgment thereof appears
at the bottom of the last page of the Petition.
page 4 of Preparing Brief Legal Forms –

(place and date of execution)

(signature of affiant)

(Add a “Jurat.”)

4. Preparing a Contract - In preparing a contract, one may use the

following as a “ model.”

CONTRACT OF ______ (name of contract)

KNOW ALL MEN BY THESE PRESENTS:

This Contract of _____ (name of contract) executed between:

_____ (name of first party, usually stated in all capital letters),

of legal age, _____ *, _____ ** and a resident of _____ (state
full address), hereafter referred to as the _____ (brief word as
designation, to wit: Lessor - if a lease),

and

_____ (name of second party, usually stated in all capital

letters), of legal age, _____ *, _____ ** and a resident of
_____ (state full address), hereafter referred to as the _____
(brief word as designation, to wit: Lessee – if a lease),

W I T N E S S E T H:

Whereas the _____ (Lessor – if a lease) is the owner of the

house at No. ___ __________ St., ___________;

Whereas the _____ (Lessee – if a lease) desires to lease said

house and use it for his residence and law office;

Wherefore, the parties have agreed as follows:

1. (state
2. the stipulations
3. of the parties in the
4. following paragraphs.)
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(date and place of signing)

____________________ ____________________
(signature of the parties)

(Add an “Acknowledgment.”)

* State citizenship, if the transaction involves titled real property.

** State marital status, if the transaction involves titled real property. If

a party is married, state the full name of spouse and his/her citizenship.

Note - In the “Whereas” clauses, the representations of the parties, as well

as their respective intensions or motives, are usually stated.

5. In preparing contracts, one must be guided by the requirements of the

substantive law. So, if one were to prepare a Chattel Mortgage, he should
refer to the Chattel Mortgage Law so that he could observe the legal
requirement.

Under the Chattel Mortgage Law, a “Chattel Mortgage” must have an

“Affidavit of Good Faith.” Without it, the mortgage is void as far as third
persons are concerned. Thus, a “Chattel Mortgage” should be presented as
follows:

CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Chattel Mortgage executed between –

________ (name of mortgagor), of legal age and a resident of

_____ (state complete address), hereafter referred to as the
Mortgagor,

and
page 6 of Preparing Brief Legal Forms –

_______ (name of mortgagee), of legal age and a resident of

_____ (state complete address), hereafter referred to as the
Mortgagee,

W I T N E S S E T H:

Whereas the Mortgagor obtained a loan of P10,000.00 from the

Mortgagee and the former obliged himself to pay it with legal
interest within one year from today;

Whereas the Mortgagee required the Mortgagor to secure that

loan with a mortgage over the following described motor vehicle:

(state complete description of motor vehicle)

Wherefore, the Mortgagor hereby mortgages the above-

described motor vehicle unto the Mortgagee.

It is the condition of this mortgage that if the Mortgagor would

comply with all his obligations to the Mortgagee, then this
mortgage shall automatically become void; otherwise, the
Mortgagee may foreclose the same pursuant to law.

(date and place of execution)

_______________ _______________
(Mortgagor) (Mortgagee)

(Add an “Acknowledgment.”)

(Add the following affidavit.)

AFFIDAVIT OF GOOD FAITH

We, under oath, aver that: (a) we are the parties to the
foregoing Chattel Mortgage; and (b) we executed that mortgage
in good faith to secure a valid obligation, not for the purpose of
committing fraud.

______________ ______________
(Mortgagor) (Mortgagee)

(Add a Jurat to complete the document.)

page 7 of Preparing Brief Legal Forms –

6. Under the New Civil Code, a donation of any real property, regardless of
value and titled or not, must be in a public instrument and accepted by the
donee – also in a public instrument; otherwise, the donation shall be void.
Thus,

( Model of a Deed of Donation inter vivos)

DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

That for and in consideration of my affection for _____ (name of

donee), of legal age, Filipino*, ** and a resident of _____
(state full address), I, _____ (name of donor), of legal age, * ,
** and a resident of _______
(state full address ), hereby donate unto ______ (name of
donee) the following described parcel of land situated in
_________ (state location) and particularly described in
Original/Transfer Certificate of Title No. ________ of the
Register of Deeds for the _____ ( state place ) as follows:

(copy technical description)

free from any lien or encumbrance.

I have reserved sufficient properties for myself, as well as

for my creditors.

(date and place of execution)

___________
(Donor)

ACCEPTANCE

I, _____ (name of Donee) hereby accept the foregoing donation.

__________
(Donee)

(Add an “Acknowledgment.”)
page 8 of Preparing Brief Legal Forms –

* Under the law, only Filipinos my acquire real property, except in intestate
succession.

** Under the Property Registration Decree, the marital status of a property

owner, including the full name and the citizenship of the spouse, if any,
should be stated in the certificate of title.)

7. A donation “mortis causa” must be in the form of a will, and a will

could either be “holographic” or “notarial.”

A “holographic will ” must be entirely in the handwriting of the testator,

signed and dated by him. Thus,

MY LAST WILL

It is my wish that upon my death my only car be given to my only

child, _____ (name of child).

(date) (sgd.) Testator

8. Under the New Civil Code, a “ notarial will ” must be accompanied by an

“attestation clause” signed by at least three (3) qualified witnesses, who
shall declare that the will has a certain number of pages numbered
correlatively in letters, that the testator signed on every page thereof in their
presence , and they in turn signed on every page of the will in the presence
of the testator and of one another. Thus, add the following to the foregoing
will to make it a notarial will.

ATTESTATION CLAUSE

We hereby attest that the testator published to us the foregoing

document as his last will, which consists of only one (1) page,
and that the testator signed on the space provided above in our
presence, and we in turn have signed this document in the
presence of the testator and of one another.
page 9 of Preparing Brief Legal Forms –

(date and place of signing)

(sgd.) Witnesses No. 1 No. 2 No. 3

9. According to the Negotiable Instruments Law, a promissory note, to be

negotiable, must comply with the following :
(a) must be in writing and signed by the maker;
(b) must contain an unconditional promise to pay
a sum certain in money;
(c) must be payable to order or to bearer; and
(d) must be payable on demand or at a fixed or
determinable future time.

Thus,
PROMISSORY NOTE

I promise to pay the bearer one hundred pesos (P100.00)

on demand.

(sgd.) Maker

10. According to the Negotiable Instruments Law, a bill of exchange, to be

negotiable, must comply with the following:
(a) must be in writing and signed by the drawer;
(b) must contain an unconditional order to pay a sum
certain in money;
(c) must be payable to order or to bearer;
(d) must be payable on demand or at a fixed or
determinable future time; and
(e) where the instrument is addressed to a drawee,
he must be named or otherwise indicated therein
with reasonable certainty.
Thus,
page 10 of Preparing Brief Legal Forms –

Mr. Pedro de la Cruz

Pay to the order of Jose Santos the sum of one thousand pesos
(P1,000.00) within ten (10) days from sight.

(sgd.) Drawer

11. The protest of a foreign bill of exchange may be expressed in the

following manner:

_____ (date)

(Mr. Drawer/Mr. Indorser)

The undersigned notary public hereby protests the dishonor of

(foreign) Bill of Exchange No. _____ dated _____ (state date of
issue) drawn by _____ (name of drawer) in favor of _____
(name of payee) for _____ (state amount in foreign currency)
which was dishonored for the reason “_____” (state reason for
dishonor).

NOTARY PUBLIC

12. A power of attorney, whether general or special, is a written authority

given by a principal to his agent for the latter to perform certain acts on
behalf of the former.

The distinction between a general and a special power is that the former
confers upon the agent mere powers of administration, while the latter
confers powers of strict dominion.

Thus, their general form is as follows:

GENERAL/SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

That, I, _____ (name of principal), of legal age and a resident of

__________ (address), have this day appointed
page 11 of Preparing Brief Legal Forms –

_____ (name of agent), of legal age and a resident of _____

(address), as my attorney-in-fact to do the following on my
behalf:

(a) General -

1. to collect rentals from my tenants;

2. to file complaints to evict tenants;

(b) Special -

1. to sell/mortgage the property described in

T.C.T. No. _____ of the Register of Deeds in
Manila;

2. to appear in the pre-trial in Civil Case No.

______ and thereat to enter into stipulations of
facts, as well as compromise agreement upon
such terms and conditions which he shall
consider fair and reasonable;

(date and place of signing.)

(sgd.) Principal

(Add an “Acknowledgment.”)

13. In the preparation of Complaints, the plaintiff must make a general

averment of the facts upon which he relies for his cause/s of action. Thus, a
complaint for unlawful detainer should read as follows:

(The following is the caption.)

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
CITY OF MANILA
Branch No. __
page 12 of Preparing Brief Legal Forms –

(The following is the title of the case.)

_____ (name of plaintiff),

Plaintiff,

versus Civil Case No. _______

For: Unlawful Detainer

_____ (name of defendant),

Defendant.
x------------------x

(The following is the title of pleading.)

C O M PL A I N T

Plaintiff avers that:

1. he is of legal age and a resident of _____ (complete

address), while the defendant is of legal age and a resident of
_____ (complete address).

2. last _____ (date) , he leased to the defendant the

house at ________ (location of leased premises) for a term of
one (1) year expiring on _____ (date).

3. the stipulated monthly rental for that house was P5,000.00

payable by the end of every month.

4. the defendant failed to pay the rental due last _____

(month/s that rentals were not paid).

5. last _____ (date of last demand, which must be within one

(1) year from the filing of the Complaint), he demanded that the
defendant vacate the said house; however, the latter has
refused.

6. he had to engage the services of counsel for which he agreed

to pay _____ (amount) for attorney’s fees.

(Add the following paragraph if both parties are residents of the

same city/municipality, or if, though residents of different
cities/municipalities, their barangays are adjacent to each
other.)

7. prior to the filing of the Complaint, the dispute between

the parties was referred to the Lupong
page 13 of Preparing Brief Legal Forms –

Tagapamayapa of the barangay where the defendant resides;

however, the parties failed to settle the same amicably. A
“Certification to File Court Case ” issued by the chairman of that
Lupon is hereto attached as Annex “A.”

PRAYER

Wherefore, it is prayed that after due notice and hearing, a

judgment be rendered ordering:

1. the defendant and all persons claiming right under him to

vacate the house at _____ (location);

2. the defendant to pay the plaintiff the rentals due since

_____ (date that arrearages commenced) until the former shall
have actually vacated said house;

3. the defendant to indemnify the plaintiff for P_____, as

attorney’s fees, and for the costs of suit and the expenses of
litigation.

Plaintiff further prays for such other reliefs as may be just and
equitable in the premises.

** City of Manila, (date).

Atty. (name of lawyer)

Counsel for the Plaintiff
(complete address)
PTR No. _____
issued in _____
on _____
IBP OR No. _____ on _____
Roll No. _ Date of Admission
MCLE Compliance No. ____

* The names of the parties are usually presented in all capital letters.

** If the lawyer holds office in Manila and the pleading is to be filed in

Manila, use the preceding presentation; however, if the lawyer holds office in
Manila, but the pleading is to be filed in Pasig City, then this should be
presented as:

City of Manila for Pasig City, (date).

page 14 of Preparing Brief Legal Forms –

14. Since an action for unlawful detainer is governed by the Rules on

Summary Procedure, then the Complaint must be verified.

A “Verification” should in substance be as follows:

VERIFICATION

I, under oath, aver that: (a) I am the plaintiff in the

afore-entitled case; (b) I caused the preparation of
the Complaint; (c) I read it and its contents are true
of my own knowledge. *

(signature of plaintiff)

(Add a Jurat.)

* Under present rules, a verification is allowed only if based on personal

knowledge or on authentic documents.

(Add also a Certificate of “No Forum Shopping.”)

(signature of plaintiff)

(Add a Jurat.)

CERTIFICATE OF NO FORUM SHOPPING

Under oath, the undersigned hereby certifies that he has not

earlier commenced a similar action against the defendant for the
same cause with any other court, tribunal or quasi-judicial
agency.

(signature of plaintiff)

(Add a Jurat.)
page 15 of Preparing Brief Legal Forms –

This is an abbreviated form, but it states substantially what the Supreme

Court desires.

15. A Complaint based on an actionable document should be presented in

the following manner:

REPUBLIC OF THE PHILIPPINES

REGIONAL/METROPOLITAN/MUNICIPAL TRIAL COURT
CITY/MUNICIPALITY OF _____
Branch No. _____

(name of plaintiff),
Plaintiff,

versus Civil Case No. ___

For: Sum of Money
(name of defendant),
Defendant.
x------------- x

COMPLAINT

Plaintiff avers that:

1. he is of legal age and a resident of _____ (complete address),

while the defendant is of legal age and a resident of _____
(complete address).

2. last _____ (date), the defendant obtained a loan of _____

(amount) from the plaintiff and engaged himself to pay the same
with legal interest on _____ (date).

3. for that loan, the defendant made and issued a promissory

note, which reads:

“For value received, I promise to pay Peter Que

or order the sum of _____ (amount) on _______
(date) with legal interest.”

(date and place of issue)

(sgd.) [debtor]”
page 16 of Preparing Brief Legal Forms –

A copy of that note is hereto attached as Annex “A.”

4. the term stipulated for the payment of that loan had already
expired; however, the defendant still has not paid the plaintiff,
in spite of the latter’s demand.

5. he had to engage the services of counsel for which he agreed

to pay _____ (amount) for attorney’s fees.

PRAYER

Wherefore, it is prayed that after due notice and hearing, a

judgment be rendered ordering the defendant to pay the plaintiff
the following amounts:

1. P____ (amount), representing the principal obligation;

2. P_____ (amount), representing the accrued interest, as well

as the accruing ones at the legal rate;

3. P_____ (amount) for attorney’s fees;

4. the costs of suit and the expenses of litigation.

Plaintiff further prays for such other reliefs as may be just and
equitable in the premises.

(date and place)

(name, complete address, PTR and IBP OR of

plaintiff’s counsel)

(Add a Certificate of No- Forum Shopping and a Jurat)

16. The following is a model of a Petition in a Special Proceeding:

(Caption omitted.)

Special Proceeding No. _____

IN THE MATTER OF THE

______ (ADOPTION OF THE
MINOR)___(name of child),
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_____ (name of petitioner),

Petitioner.
x------------------x

PETITION

Petitioner avers that:

1. she is of legal age, Filipino, single and a resident of _____

(complete address).

2. (In the preparation of the Petition in Special Proceedings, one

has to be guided by what are provided under “Contents of
Petition” under the pertinent rule in the Rules of Court. Thus,
for what should be stated in the Petition for adoption of minors,
one should see Sec. 2 and 3, Rule 99.)

P R AY E R

Wherefore, it is prayed that after due notice and hearing, an

order be issued ……..

(place and date)

(name, complete address, PTR and IBP OR of

petitioner’s counsel)

(Add Verification, Certificate of No Forum Shopping

and a Jurat.)

17. There are other proceedings governed by special laws, such as a petition
for the reconstitution of the lost original of a certificate of title over real
property, as well as the issuance of a new owner’s duplicate in lieu of the
lost one.

The allegations in the Petition in these proceedings are governed especially

by said special laws, not by the Rules of Court; however, the basic rule
regarding allegations in pleadings also applies.

A petition for the Reconstitution of the lost original of a certificate of title

should allege the following matters:
page 18 of Preparing Brief Legal Forms –

(Caption omitted.)

FOR THE RECONSTITUTION OF THE

ORIGINAL OF TRANSFER CERTIFICATE
OF TITLE No. 123456 ISSUED BY THE
REGISTER OF DEEDS OF QUEZON CITY,

LRC Case No. _________

_____ (name of petitioner),

Petitioner.
x-----------------x

PETITION

Petitioner avers that:

1. he is of legal age and a resident of_____ (complete address).

2. he is the registered owner of a parcel of land situated in

Quezon City, particularly that described in Transfer Certificate of
Title No. __________ of the Register of Deeds of Quezon City
as:

(copy complete technical description)

A copy of the owner’s duplicate of that certificate of title is

hereto attached as Annex “A.”

3. the original of that certificate of title was among those lost in

the fire that gutted the Register of Deeds of Quezon City last
June 11, 1988. A certification to that effect is hereto attached
as Annex “B.”

4. that parcel of land is declared for tax purposes under Tax

Declaration No. ______ of the Assessor of Quezon City. A copy
of that declaration is hereto attached as Annex “C.”

5. the realty taxes on that property are up to date.

6. the owners of the properties adjoining the above-described

property and their respective addresses are:

(name of person) - ( his address)

(name of person) - (his address)
The City Government - Quezon City *
 page 19 of Preparing Brief Legal Forms –

(Usually, one of the boundaries of a parcel of land is a street. It

belongs to the local government; so, the latter must also be
notified of the proceedings.)

N.B. (This allegation is jurisdictional, which means that its

absence renders the Petition fatally defective.)

7. at the time of the loss of that original, there was no

transaction which was pending registration with the said
Register of Deeds.

8. he is in possession not only of the owner’s duplicate of that

certificate of title, but also of the property described therein.

PRAYER

Wherefore, it is prayed that after due notice and hearing, an

order be issued declaring as void the lost original of Transfer
Certificate of Title No. _____ and directing the Register of
Deeds of Quezon City to reconstitute the original thereof.

(date/place).

(name, complete address, PTR and IBP OR of

petitioner’s counsel)

(Add Verification, Certificate of No-Forum Shopping

and a Jurat.)

18. As to what should be alleged in the Petition for the issuance of a new
owner’s duplicate in lieu of the lost one, the same is found in the Property
Registration Decree. Thus,

(Caption omitted.)

FOR THE ISSUANCE OF A NEW OWNER’S

DUPLICATE OF ORIGINAL/TRANSFER
CERTIFICATE OF TITLE No. _____ ISSUED
BY THE REGISTER OF DEEDS OF QUEZON
CITY, IN LIEU OF THE LOST ONE,

LRC Case No. _____

_____ (name of petitioner),

Petitioner.
x - - - - - - - - - - - - - - -- - - x
page 20 of Preparing Brief Legal Forms –

PETITION

Petitioner avers that:

1. he is of legal age and a resident of No. (address).

2. he is the registered owner of a parcel of land situated in

Quezon City, particularly that described in Original/Transfer
Certificate of Title No. _____ of the Register of Deeds of Quezon
City as:

(copy complete technical description)

A certified true copy of that certificate of title is hereto attached

as Annex “A.”

3. the owner’s duplicate of that certificate of title was

among those lost in the fire that gutted the house of the
petitioner last (date). A certification to that effect by the fire
department of Quezon City is hereto attached as Annex “B.”

4. he executed an affidavit of loss and filed the same with the

Register of Deeds of Quezon City. A copy of that affidavit is
hereto attached as Annex “C.”

N. B. (This allegation is jurisdictional, which means that its

absence renders the Petition fatally defective.)

5. the owner’s duplicate of that certificate of title was not

delivered to anyone to secure the fulfillment of any obligation.

6. he is in possession of the property covered by that

certificate of title.

PRAYER

Wherefore, it is prayed that after due notice and hearing, an

order be issued declaring as null and void the lost owner’s
duplicate of Transfer Certificate of Title No. _____ and directing
the Register of Deeds of Quezon City to issue a new owner’s
duplicate in lieu of the lost one.

(date/place).

(name, complete address, PTR and IBP OR of

petitioner’s counsel)
page 21 of Preparing Brief Legal Forms –

(Add a Verification, Certificate of No-Forum Shopping

and a Jurat.)

19. A complaint for the commission of a felony/crime is commenced by the

filing of the Complaint Affidavit of the offended party. Thus,

REPUBLI C OF THE PHILIPPINES

OFFICE OF THE CITY PROSECUTOR
CITY OF MANILA

_____ (name of Complainant),

Complainant,

versus I.S. No. __________

For: Violation of B.P. Blg. 22

_____ (name of respondent.),

Respondent.
x-------------------x

COMPLAINT AFFIDAVIT

I, _____ (name of complainant), of legal age and a resident of

_____ (address), under oath declare that:

1. last _____ (date), the respondent borrowed _____ (amount)

from me, obliging himself to pay that loan by _____ (date). A
copy of the promissory note which he made and issued for that
loan is hereto attached as Annex “A.”

2. last _____ (date), in the City of Manila, the respondent

purportedly in payment for that loan, drew and issued to me a
check drawn on the _____ (name of bank and branch),
particularly check no. _____ dated ____ __, ____ for P_____
(amount) A copy of that check is hereto attached as Annex “B.”

3. upon presentment for clearing/collection, that check was

dishonored by the drawee bank for the reason “Drawn Against
Insufficient Funds/Account Closed.” The bank debit advice to
that effect is hereto attached as Annex “C.”
page 22 of Preparing Brief Legal Forms –

4. notice of dishonor and demand for payment were made

personally made on the respondent. However, the latter simply
ignored them. A copy of the said notice is hereto attached as
Annex “D.”

5. I am executing this sworn statement for the purpose of

charging the respondent with having violated B.P. No. 22.

Manila, (date).

(sgd.) _____ (name)

Complainant

(Add a “Jurat.”)

I hereby certify that I have personally examined the affiant and

that I am convinced that she voluntarily executed the foregoing
affidavit and that she understood the contents thereof.

(sgd.) ASST. CITY PROSECUTOR

20. If the prosecutor finds that there is a prima facie case, he files the
Information against the respondent. The Information is illustrated as
follows:

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT OF MANILA
Branch No. _____

PEOPLE OF THE PHILIPPINES

versus Crim. Case No. _____

For: Violation of B.P. Blg. 22
_____ (name of accused),
Accused.
x - - - - - - - - -- - - - - - - x

INFORMATION

The undersigned Prosecutor hereby accuses _____ (name of

accused) with having violated Batas Pambansa No. 22,
page 23 of Preparing Brief Legal Forms –

which she committed as follows: that on or about _____

(date) in the _____ (place), within the jurisdiction of this
Court, the accused did then and there draw and issue _____
(name of bank and branch) check no. _____ dated _____ __,
____ in favor of one _____ (name of payee) purportedly in
payment of a loan, which check upon presentment for
clearing/collection was dishonored by the drawee bank for the
reason “_____,” and which check the accused failed to replace
with cash within five (5) days from notice of dishonor.

Contrary to Law.

(place/date).

ASST. CITY PROSECUTOR

21. In complaints involving “private crimes,” the following phrase must

be added:

(Note the underscored portion.)

(Caption, Title and Case Reference omitted)

INFORMATION

The undersigned Prosecutor, upon sworn complaint of the

offended party, hereby accuses _____ (name of accused) with
having violated Article ___ of the Revised Penal Code which he
committed as follows:

(Narrate how the offense was committed, making

sure that the complainant states the place and the
time of the commission of the offense, as well as
all the elements of the crime.)

Contrary to law.

(date/place)

ASST. CITY PROSECUTOR

22. In the preparation of a Complaint Affidavit and an Information, one must

always state the place where every act constituting an element of the
crime was committed – because in criminal cases, that
page 24 of Preparing Brief Legal Forms –

place determines the jurisdiction of the court.

23. A “Motion” should be prepared in the following manner:

(caption omitted)

(title of the case omitted) (case reference omitted)

x-------------x

MOTION TO DISMISS

Defendant avers that:

1. in the Complaint, it was stated that his obligation was due

last May 15, 1985;

2. nothing was mentioned therein that thereafter he

acknowledged in writing said obligation or that the plaintiff
made a demand for its payment; therefore, that obligation has
by now prescribed.

PRAYER

Wherefore, it is prayed that the Complaint be dismissed on the

ground of prescription of action.

(place/date)

(signature, name, address, PTR date/place of issue,

IBP OR No. of defendant’s lawyer)

NOTICE OF HEARING

Atty. (for the plaintiff)

Please take notice that the undersigned shall submit the

foregoing motion for the Court to resolve on _____ (date) at
2:00 o’clock in the afternoon.

(sgd.) Defendant’s lawyer

copy received by: __________________

page 25 of Preparing Brief Legal Forms –

24. In the preparation of Motions, the movant must always include a Notice
of Hearing and there must be proof of service. Otherwise, the motion shall
be considered a mere scrap of paper.

Further, never address the Notice of Hearing to the Clerk of Court. It must
always be addressed to the counsel of the other party.

25. Finally, in preparing any form, one may use his own words or
expressions, not necessarily the words of the law nor what may have been
traditionally used.

GOOD LUCK

=====================================================================

CUT OUT THIS PART AND FAX/E-MAIL TO ATTY. LEAH MARTIZANO OF PRO-
FRIENDS.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
TRECE MARTIRES CITY
Branch No. ____

FOR THE RECONSTITUTION OF THE

ORIGINAL OF TRANSFER CERTIFICATE
OF TITLE No. _____ ISSUED BY THE
REGISTER OF DEEDS OF __________,

LRC Case No. _________

_____ (name of petitioner),

Petitioner.
x-----------------x

PETITION
Petitioner avers that:

1. it is a domestic corporation with principal office at No. __

Tinio St., City of Mandaluyong.

2. it is the registered owner of a parcel of land situated in the

Municipality of _________, Province of ________, particularly
that described in Transfer Certificate of Title No. __________ of
the Register of Deeds of ______________ as:

(copy complete technical description)

A copy of the owner’s duplicate of that certificate of title is

hereto attached as Annex “A.”

3. despite efforts exerted, the original copy of that certificate

of title cannot be located in the vault of said Register of Deeds;
thus, presumably lost. A certification to that effect issued by
that Register of Deeds is hereto attached as Annex “B.”

4. that parcel of land is declared for tax purposes under Tax

Declaration No. ______ of the Municipal Assessor of ________.
A copy of that declaration is hereto attached as Annex “C.”

5. the realty taxes on that property are up to date. The official

receipt issued by the Municipal Treasurer of ________ for the
most recent payment of said taxes is hereto attached as Annex
“D.”

6. the owners of the properties adjoining the above-described

property and their respective addresses are:

(name of person) - ( his address)

(name of person) - (his address)
(name of person) – (his address)
The Municipality of ___________

N.B. (This allegation is jurisdictional, which means that its

absence renders the Petition fatally defective.)

7. at the time of the loss of that original, there was no

transaction which was pending registration with the said
Register of Deeds.

8. it is in possession not only of the owner’s duplicate of that

certificate of title, but also of the property described therein.

PRAYER

Wherefore, it is prayed that after due notice and hearing, an

order be issued declaring as void the lost original of Transfer
Certificate of Title No. _____ and directing the Register of
Deeds of ___________ to reconstitute the original thereof.
(date/place).

(name, complete address, PTR and IBP OR, etc. of

petitioner’s counsel)

(Add Verification, Certificate of No-Forum Shopping

and a Jurat.)