Legal Forms - Course Syllabus.pdf

LEGAL FORMS

(A.Y. 2018-2019)

GULLAS LAW SCHOOL LEGAL FORMS A.Y. 2018-2019 ATTY. MICHAEL FRANCIS L. HUBAHIB Course Title & Subject Code:

Legal Forms (LGLF)

Credit:

2 Units

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

Learning Outcomes and Competences: Having successfully finished the course, the students will be able: 1. To have a working knowledge of the basic rules in practice; 2. To have sufficient familiarity and mastery of the basic legal forms in practice; 3. To realize the importance of proper drafting and making of pleadings and other legal documents; and 4. To have proficiency in drafting pleadings and other legal documents.

Course Outline with References and Materials:

RELEVANT LAWS & RULES IN PRACTICE I.

A.M. 11-09-04-SC (Efficient Use of Paper Rule) a. Applicability b. Format and Style c. Margins and Prints

II.

A.M. 12-08-08-SC (Judicial Affidavit Rule) a. Scope and Application b. Contents of a Judicial Affidavit c. Sworn Attestation of the Lawyer d. Application of Rule to Criminal Actions e. Application of Rule to Small Claims Cases (A.M. 08-08-07-SC) f. Effect of non-compliance

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LEGAL FORMS

III.

A.M. 02-08-13-SC as amended (2004 Rules on Notarial Practice) a. Definition of Terms i. Acknowledgement ii. Affirmation or Oath iii. Commission iv. Copy Certification v. Notarial Register vi. Jurat vii. Notarial Act and Notarization viii. Notarial Certificate ix. Notary Public and Notary x. Principal xi. Regular Place of Work or Business b. Qualifications of a Notary Public c. Term of Office of a Notary Public d. Power and Limitations e. Jurisdiction of Notary Public and Place of Notarization i. Regular Place of Work or Business Exceptions f. Disqualifications g. Revocation of Commission h. Competent Evidence of Identity i. Reportorial Requirement j. Renewal of Commission i. Period of Renewal k. Change of Status of Notary Public l. Sanctions m. Notarial Acts

IV.

B.M. 850, October 2, 2001 (Mandatory Continuing Legal Education) a. Purpose b. Requirements c. Compliance d. Exemptions e. Sanctions

V.

A.M. No. 17-03-09-SC (Rule on Community Legal Aid Service) a. Rationale b. Scope c. Covered Lawyers d. Pro Bono Legal Aid Service e. Requirements i. Number of Hours ii. Free Legal Aid Services on Weekends iii. Exemptions f. Pro Bono Cases i. Supervision of Covered Lawyers ii. Signing of Pleadings g. Time Log and Timesheets h. Period for Compliance

(A.Y. 2018-2019)

Page 2 of 5 Atty. Michael Francis L. Hubahib e-mail: [email protected]

LEGAL FORMS

(A.Y. 2018-2019)

i. Extension i. Continuous Handling or Turnover of Cases j. Prohibitions against Solicitation or Acceptance of Gifts k. Protection of Private Practice or Employment l. Full Credit m. Penalties

BASIC LEGAL FORMS I.

Notarial Certificates a. Jurat b. Acknowledgment i. Consisting of one (1) page; ii. Consisting of two (2) or more pages;

II.

Verification and Certificate of Non-Forum Shopping

III.

Affidavits a. Affidavit of Loss b. Affidavit of Change of Name c. Affidavit of Preliminary Attachment d. Judicial Affidavits

IV.

Negotiable Instruments a. Promissory Notes b. Bills of Exchange c. Check

V.

Simple Contracts a. Contract of Lease i. Lease of Apartment/Condominium Unit ii. Lease of Office Building iii. Lease with Option to Purchase b. Deed of Sale of Realty i. Registered Land ii. Unregistered Land iii. Under Pacto de Retro c. Deed of Sale of Personal Property i. Sale of Personal Property ii. Sale of Motor Vehicle iii. Sale of Personal Property in Installment with mortgage iv. Sale of Vessel v. Sale of Large Cattle d. Deed of Donation e. Easement of Right of Way

VI.

Quitclaims in Labor Cases

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LEGAL FORMS

(A.Y. 2018-2019)

VII.

Notice of Hearing and Explanation

VIII.

Settlement of Estate a. Extra-Judicial Partition of Real Estate b. Extra-Judicial Deed of Partition c. Extra-Judicial Settlement d. Affidavit of Self-Adjudication

IX.

Mortgage Contracts a. Real Estate Mortgage b. Chattel Mortgage c. Deed of Release of Real Estate or Chattel Mortgage

X.

Pre-Nuptial Agreements

XI.

Deed of Assignment of Credit

JUDICIAL FORMS AND PLEADINGS I.

Captions and Titles a. Supreme Court b. Court of Appeals c. Regional Trial Court d. Special Proceedings e. Criminal Proceedings

II.

Pleadings: Civil and Special Civil Actions a. Interpleader b. Action for Declaratory Relief c. Petition for Certiorari d. Petition for Prohibition e. Petition for Mandamus f. Petition for Quo Warranto g. Complaint for Expropriation h. Complaint for Foreclosure of Real Estate Mortgage i. Complaint for Judicial Partition of Real Estate j. Complaint for Unlawful Detainer k. Complaint for Forcible Entry l. Escheat m. Guardianship n. Adoption of Minors o. Habeas Corpus p. Amparo q. Habeas Data r. Change of Name s. Change of First Name and Civil Entries

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LEGAL FORMS

(A.Y. 2018-2019)

III.

Provisional Remedies a. Complaint with Prayer for Preliminary Attachment b. Complaint with Application for Preliminary Injunction c. Complaint with Application for Receivership d. Replevin e. Complaint for Separate Support with Application for Alimony Pendente Lite

IV.

Miscellaneous Civil Pleadings a. Notice of Appearance as Counsel b. Notice of Withdrawal as Counsel c. Complaint for Damages

V.

Other Civil Pleadings a. Answer b. Petition for Trial by Commissioner c. Complaint Based on an Actionable Document d. Complaint in Intervention e. Third Party Complaint f. Petition for Consolidation of Ownership (Pacto de Retro) g. Motion for Leave to Effect Service of Summons by Publication h. Motion for Leave for Extraterritorial Service i. Motion for Leave to Amend Pleading j. Motion for Bill of Particulars

VI.

Appeals a. Notice of Appeal b. Record on Appeal c. Petition for Review on Certiorari d. Appellant’s Brief e. Appellee’s Brief f. Petition for Review

VII.

Pleadings: Criminal Actions a. Criminal Complaint b. Investigation Data Form c. Information

VIII.

Other Criminal Pleadings a. Motion to Quash b. Motion for New Trial c. Notice of Appeal d. Petition for Bail e. Application of Compulsory Process to Secure Attendance of Witness

REFERENCES: NOTE: There is no prescribed book for this course. Students may use any reference material on the subject of Legal Forms available at the library, bookstores and online. Other pleadings and documents may be assigned during the course of the semester. Page 5 of 5 Atty. Michael Francis L. Hubahib e-mail: [email protected]