Lfw - Reviewer.docx

III. LEGAL FORMS 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? 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. 3. 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. COMMON FORMS 1. ACKNOWLEDGMENT

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: a. Deeds b. Conveyances d. Mortgages a. 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 (fulfillment 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 “S.S.” 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) Q: What are the contents of an acknowledgment? A: [1] Title of the notarial act [2] Place of execution [3] Date [4] 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 person’s 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 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 _____, 2012, 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, 2012 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 2012

2. JURAT 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) Note: Jurat is important as it gives the document a legal character.(Ibid) Q: Who executes a Jurat? A: The notary public. He certifies that the same was sworn before him. Q: When should jurats be executed? A: It is used in any notarized document that is declaratory in nature, such as: a. Affidavits b. Certifications c. Whenever the person executing the document makes a statement of facts or attests to the truthfulness of an event, under oath. 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 ____, 2012, 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, 2012 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 2012

Q: What are the contents of a Jurat? A: Three (3) sections of Jurat: [1] The Notary’s 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 b. Place of Commission c. Appointment Number d. Expiration Date of the Notarial Commission e. Roll Number f. PTR Number g. IBP Number Office Address [3] The details of the Notarial Register: a. Document Number b. Page Number c. Book Number d. Series Number (year) 3. 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)

Q: What are the parts of a pleading? 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

4. PRAYER 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. 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)

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 attorney’s fees. Other reliefs just and equitable under the circumstances are also prayed for.

5. 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 6. 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. c.

If there is such other pending action or claim, gives a complete statement of the present status thereof 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 non-compliance 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

7. VERIFICATION What is verification? A: It is a statement, under oath that the pleading is true. It includes both the actual swearing to the truth of the statements by the subscriber and also the certification thereto by the notary or other officer authorized by law to administer oaths. (Pamaran, 2004) Q: When is verification necessary? 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. Complaint and other initiatory pleadings 2. Answer, if there are actionable documents

3. 4. 5. 6.

Petition for review under Rule 42, RRC 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. Form 8: Verification Republic of the Philippines) City of _______________ ) S.S. (Person verifying) after having been duly sworn deposes and says 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 and correct based on his personal knowledge and based on authentic records. Party verifying JURAT

Form 9: Verification and Certification of Non-forum Shopping Republic of the Philippines) 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 B. BUSINESS FORMS Note: Conveyance is a deed whereby the ownership of a real property is transferred from one person to another. (Suarez, 2007) 1. CONTRACTS 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) Contract is a juridical convention manifested in legal form, by virtue of which one or more persons or 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.

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 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 lease the said motor vehicle, subject to the following terms and conditions: [4] (State terms and conditions) IN WITNESS WHEREOF, the parties have hereunto set their hands this ____day of ___,2012, 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)

Form 11: Contract of Lease of Real Property [1] Contract of Lease [2]

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. The lease shall be for one year from execution of this agreement; 2. The monthly rental on the PROPERTY leased shall be P5,000.00, payable in advance within the first five (5) days of each month; 3. All ordinary repairs concerning the PROPERTY shall be for the sole account and expense of the LESSEE, without right to reimbursement; 4. 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 acknowledges that he has received the Property in good, habitable condition and undertakes to maintain that such condition throughout the duration of the lease. [7] FELIPE DE GUZMAN Lessor

ARTHUR MIRANDA Lessee

With my marital consent: Zenaida de Guzman Signed in the Presence of: _____________________ ________________ [8] (ACKNOWLEDGMENT)

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] Mortgagee [5] Conveyance of real property with technical description [6] Ownership of real property [7] Discharge of mortgage [8] Acknowledgment 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 ____, 2012. ________________ Mortgagor

_______________ Mortgagee

With my marital consent (if married): __________________ (Wife of mortgagor) Signed in the Presence of: _______________ ________________ [8] (ACKNOWLEDGMENT)

Q: What are the parts of a Chattel Mortgage? A: Vet-PeCon-SDAGJ [1] Venue and Title [2] Personal Circumstances of the Parties [3] Conveyance of mortgage and technical description of personal property [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 Form 13: Chattel Mortgage Know All Men By These Presents: [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.: [4] That this Chattel Mortgage is given as security for the payment to the Mortgagee, of a certain promissory note, dated ______ for the sum of ___________ Pesos (Php_______), Philippine Currency, with interest thereon at the rate of _____ per centum (___%)per annum, according to the terms and in the words and figures following: (option 2: attach the promissory note and make reference to such attachment) (Copy of the promissory note) Date______ P_____________

_____ days after date, I, ______, promise to pay to the order of ______, 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 ____ 2012 in _____, Philippines. ________________ Mortgagor

_______________ Mortgagee

Signed in the Presence of: ______________

________________

[6] (ACKNOWLEDGMENT) [7] (AFFIDAVIT OF GOOD FAITH) [8] (JURAT)

Form 14: Pledge Agreement This AGREEMENT, made and entered into this ___ day of ____ 2012 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 ____, 2012 at ______, Philippines. ____________________ Pledgor

__________________ Pledgee

In the Presence of: __________________

__________________

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

Form 16: Deed of Sale of Unregistered Land DEED OF ABSOLUTE SALE Know All Men By These Presents: 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 ______, 2012 at _________. ________________ (Vendor)

With my consent: ___________________ (Vendor’s wife) Signed in the Presence of: _______________ _______________

Acknowledgment

Form 17: Deed of Sale with Pacto de Retro DEED OF SALE WITH PACTO DE RETRO Know All Men By These Presents:

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 ____, 2012 at _________. ________________ (Vendor)

________________ (Vendee)

With my consent: ___________________ (Vendor’s wife) Signed in the Presence of: _________________

_________________

Acknowledgment

Form 18: Deed of Repurchase of Land Sold Under Pacto de Retro DEED OF RESALE Know All Men By These Presents: 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 2012 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 ____, 2012 at Makati City. ________________ (Vendor)

________________ (Vendee)

With my consent: ___________________ (Vendor’s wife)

With my consent: _____________________ (Vendee’s Wife)

Signed in the Presence of: _________________ _________________ Acknowledgment Form 19: Deed of Assignment DEED OF ASSIGNMENT Know All Men By These Presents: 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

Form 20: Deed of Donation Inter Vivos Know All Men By These Presents: 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 line 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 ______, 2012 at _____________, Philippines. __________________ Donor Accepted: __________________ Donee Signed in the presence of: __________________ _______________ JOINT ACKNOWLEDGMENT Form 21: Deed of Donation Mortis Causa Know All Men By These Presents: 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 ______, 2012 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) __________________________ ___________________________________________ (name and signature of witness) (residence) __________________________ ___________________________________________ (name and signature of witness) (residence)

JOINT ACKNOWLEDGMENT

3. 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-in-Fact 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? A: VeT-PAP-GA [1] Venue and Title [2] Personal Circumstance [3] Appointment operative words [4] Power [5] Granting authority operatives [6] Acknowledgment 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 __________, 2012, in ___________, Philippines. _________________ (Principal) Conforme: ___________________ (Attorney-in-Fact) Signed in the presence of: ________________ _________________ [6] JOINT 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 Form 23: Special 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, 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 __________, 2012, in ___________, Philippines. _________________ (Principal) Conforme: ___________________ (Attorney-in-Fact)

____________________

Signed in the presence of: ______________________

[6] JOINT ACKNOWLEDGMENT Form 24: Revocation of Power of Attorney KNOW ALL MEN BY THESE PRESENTS: 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) Signed in the presence of: _____________________ ______________________

ACKNOWLEDGMENT

4. CORPORATION Form 25: Articles of Incorporation ARTICLES OF INCORPORATION

OF ___________(Name of Corporation) KNOW ALL MEN BY THESE PRESENTS: 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. 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 ..........................., 2012 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)

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 ____________, 2012. _________________________ (Signature of Stockholder)

_________________________ (Signature of Stockholder)

________________________ (Signature of Stockholder)

Q: What does a secretary’s 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 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. Form 27: Secretary’s Certificate Republic of the Philippines) _____________________ ) S.S. SECRETARY’S 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 Agreement with Y Corporation RESOLVED 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, execute 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 ____, 2012. ______________________________ (Name & Signature of Secretary) [4] JURAT

Q: What does a treasurer’s affidavit contain? [1] Name of treasurer [2] Election as treasurer [3] Certification as to amount of subscription received (25%-25% rule) [4] Authority to examine account [5] Jurat Form 28: Treasurer’s Affidavit REPUBLIC OF THE PHILIPPINES PROVINCE OF ______________ S.S. CITY/MUNICIPALITY OF_______ TREASURER’S AFFIDAVIT [1] I, _________________, of legal age, Filipino, single, after having been sworn in accordance with law, hereby depose and state that: 1. [2] 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. 2. [3] 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. 3. [4] 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. ___________________________ (Treasurer’s name & signature) [5] JURAT

5. PARTNERSHIP 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] Managing partner and duties [6] Term of existence [7] Capital contribution of each partner [8] Division of profits [9] Salary of managing partner [10] Dissolution of partnership [11] Joint Acknowledgment 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 _______, 2012, in ____________, Philippines. _______________________ _______________________ _______________________ (Name and Signature of partners) Signed in the Presence of: ___________________ ___________________ [11] JOINT ACKNOWLEDGMENT

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] Purposes of limited partnership [4] Principal place of business [5] Term of existence [6] Capital contribution [7] Designation and salary of general partner [8] Division of profits [9] Joint Acknowledgment Form 30: Articles of Limited Partnership ARTICLES OF PARTNERSHIP OF ______________________________ LTD

KNOW ALL MEN BY THESE PRESENTS: [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 ___________, 2012, in ___________________, Philippines. _______________________ _______________________ (Name and Signature of partners) Signed in the presence of: __________________

_________________

[9] JOINT ACKNOWLEDGEMENT

6. 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 ____, 2012 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)

7. WILL Note: A holographic will: 1. 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) 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 notarial will must be[1] In writing [2] In a language or dialect known to the testator [3] Subscribed at the end by the testator or by testator’s name written by a person in his presence [4] Attested and subscribed by at least three instrumental witnesses [5] Testator and witnesses must sign in each and every page thereof, except the last page, on the left margin [6] Pages should be numbered correlatively in letters on the upper part of each page [7] Attestation clause [8] Acknowledged before a notary public (Art.797,798,802,819,NCC)

Form 34: Notarial Will Last Will and Testament of ____________________ Know All Men By These Presents: 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 ________, 2012, 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. __________________________ (name and signature of witness) __________________________ (name and signature of witness) __________________________ (name and signature of witness)

___________________________________________ (residence) ___________________________________________ (residence) ___________________________________________ (residence)

JOINT ACKNOWLEDGMENT Republic of the Philippines) 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:

No.

Place of Issue

Com. Tax Cert. I.D. No.

Date and Sr. Citizen 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, 201__ Office address _________ Roll No._______________ PTR OR No. ___________ issued at ______________ on ________________ IBP Membership No. ____ Doc. No.___ Page No.___ Book No. ___ Series of 201__

C. JUDICIAL FORMS Note: All judicial forms have one mold or pattern. The parts of a typical judicial form are: [1] Caption [2] Title [3] Introduction [4] Body [5] Relief [6] Attorney [7] Plus or addendums

Place of

1. AFFIDAVITS 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) Q: Is oath similar from an affidavit? 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? 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: [1] Venue [2] Title [3] Person [4] Oath [5] Statement [6] Signature [7] Jurat Form 35: Affidavit [1] REPUBLIC OF THE PHILIPPINES) CITY OF MANILA ........................) S.S. [2] AFFIDAVIT [3] I, HENRY ROBLES, of legal age, married, residing at 5 V.G. Cruz, Sampaloc, Manila, [4] state under oath that: 1. [5] 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, 2012. I have identified affiant through his LTO Driver's License No. N10-68-034785 dated May 22, 2012. 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 2012.

Q: What is an Affidavit of Merit? A: It is an affidavit which states that the defendant has a meritorious defense of a substantial and not merely technical nature and stating the facts constituting the same. Note: In executing an affidavit, the affiant’s primary qualification is that he has knowledge of the facts which he states, and the truth of which he affirms. (Suarez, 2007) Form 36: Affidavit of Merit REPUBLIC OF THE PHILIPPINES) 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, 2012, Makati City ___________________ (Affiant) (JURAT)

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) Form 37: Affidavit of Good Faith 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, 2012, Makati City. ______________ (Mortgagor)

_____________ (Mortgagee) (JURAT)

2. MOTIONS 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 need to give an explanation why personal filing or service could not be done. 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] Prayer [5] Place, date and signature [6] Notice of Hearing [7] Proof of Service Form 38: Motion for Judgment on the Pleadings [1] Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch ___ Manila [2] A, Plaintiff, - versus-

Civil Case No. ___

B, Defendant, x- - - - - - - - - - - - - - - -x Plaintiff, by counsel, respectfully states that: 1. [3] 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 _______2012.. 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 Sheriff’s return of even date, a copy of which is attached as Annex A;

2. Defendant’s 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.

Note: A motion to lift an order of default based on FAME (fraud, accident, mistake, excusable negligence), 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. Form 40: Motion to Lift Order of Default 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.

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)

Form 41: Motion for Postponement of Hearing 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 physician’s 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 2012 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.

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-in-Intervention/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.

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. Form 44: Motion for New Trial 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 defendant’s 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 defendant’s answer to the complaint. Other just and equitable reliefs are also prayed.

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 court’s 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.

3. 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 attorney’s fees plus costs. Such other reliefs as may be just and equitable under the premises are likewise prayed for. ________ City, Philippines, this _____ day of _______2012. Name ____________________________ Office Address ____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) IBP No. ____, ___ (date of issue) (chapter)

VERIFICATION with CERTIFICATION OF NON-FORUM SHOPPING 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.

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.

WHEREFORE, it is respectfully prayed: 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.

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 COUNSEL’S NAME, ADDRESS, etc. VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

4. 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. Admissions and denials

2. Special and affirmative defenses 3. 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. 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: 5. (state counterclaim, e.g. attorney’s fees at Php50,000.00) 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 for. ________ City, Philippines, this _____ day of _______2012. Name ____________________________ Office Address_____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) 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 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 allegations 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 plaintiff’s 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 plaintiff’s 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 attorney’s 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.

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 Plaintiff’s complaint as Annex “A”, the truth being that his signature thereon is forged and that he did not in fact sign the said instrument.

5. 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 petitioner’s 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 petitioner’s 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 _______2012 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 Following the above format, the body and prayer for other types of Petitions should be as follows: Q: What shall the petition contain? A: 1. Jurisdictional facts 2. Personal circumstance of the ward 3. Ground for guardianship 4. Death of parents of the minor or termination or suspension of parental authority 5. Remarriage of minor’s surviving parent 6. Personal circumstances of the relatives of the minor within the fourth civil degree and reasons having himself the care and custody 7. Probable value, character and location of property 8. Personal circumstances of the prospective guardian 9. Verification and certification of non-forum shopping Form 57: Petition for Guardianship 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 ______.

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. Form 58: Petition for Habeas Corpus 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.

Q: What is Writ of Amparo? 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 act or omission of a public official or employee, or of 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 3. 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 filing 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) Form 59: Petition for 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 latter’s 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.)

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: 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, petitioner’s 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.

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 of 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 Q: Who shall file the petition for change of name? 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 petitioner’s name is sought 3. The name asked for Q: What are the grounds for change of name? A: 1. Name is ridiculous, dishonorable and extremely difficult to pronounce 2. Change of name is a legal consequence as in legitimation 3. When the change will avoid confusion 4. Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage 5. A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody 6. When the surname causes embarrassment no fraudulent purpose is intended for such change Form 61: Petition for Change of Name 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 petitioner’s 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 petitioner’s name of _____________ be change to _________________.

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.

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. Form 63: Complaint Declaratory Relief (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 plaintiff’s rights and duties thereunder. (Venue, date, signature)

(VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)

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 a proper court and praying that judgment be rendered commanding the defendant to desist from further proceedings in the action or matter specified therein. (Suarez, 2007) Form 64: Petition for Prohibition 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 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. ________ City, Philippines, this _____ day of _______2012.

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. Form 65: Mandamus 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.)

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. WHEREFORE, it is respectfully prayed: 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. ________ City, Philippines, this _____ day of _______2012. 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 WITH CERTIFICATION OF NON-FORUM SHOPPING

Form 67: Quo Warranto 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 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); WHEREFORE, it is respectfully prayed: 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; 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 FUGITIVE’S ARREST BY THE RENDERING JURISDICTION NAME OF THE RENDERING JURISDICTION This application is submitted this ____ day of ______ 2012. _________________________ Solicitor General

6. CRIMINAL ACTIONS 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. Form 69: Criminal Complaint-Affidavit

REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH ____, QUEZON CITY

THE PEOPLE OF THE PHILIPPINES, Complainant, -versusxxx

Criminal Case No._____________ For: ________________________

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:

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

(state the circumstances)

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. 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

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 Form 71: General Form of Information [1]REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT 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: 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 _____, 2012, 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 ____________, 2012, 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 _______.

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 by 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.

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, 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).

D. 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. ________ City, Philippines, this _____ day of _______2012. 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._____

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. ________ City, Philippines, this _____ day of _______2012. 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._____ Copy furnished: _________________________________ Name and Address of adverse counsel PROOF OF SERVICE (affidavit of service by mail)

Form 74: Comment/Opposition to Offer COMMENT ON THE PROSECUTION’S FORMAL OFFER OF EVIDENCE THE ACCUSED, by counsel, respectfully opposes the Prosecution’s 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 prosecution’s Exhibits are INADMISSIBLE and must, thus, be EXCLUDED. ________ City, Philippines, this _____ day of _______2012. 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._____ Copy furnished: ________________ Public Prosecutor _________________ Private Prosecutor _________________

1. 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 REPUBLIC OF THE PHILIPPINES) 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

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; WHEREFORE, it is respectfully prayed: 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 voter’s 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. City, Philippines, this _____ day of _______2012. 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._____ Copy Furnished:

_________________________________ Name and address of adverse counsel (Personal Service) VERIFICATION

E. LEGAL OPINION HOW TO WRITE A LEGAL OPINION: Points to remember in writing a legal opinion: 1. 2.

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.)

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 letterhead 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 of facts that are needed 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:

3.

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.

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

6. 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).

ILLUSTRATION 1: LEGAL OPINION: (please refer to 2011 golden notes) HEADING AND INTRODUCTION September 14, 2011 Mr. Rogelio G. Chan Milan Furniture Co., Inc. 245 Juan Luna Street Binondo, Manila Dear Mr. Chan: Here is the opinion that you requested. The facts, as I gathered from you and your documents, are as follows: BACKGROUND FACTS THAT ADEQUATELY INTRODUCE THE ISSUES IN THE CASE

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 bank’s 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. 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.

THE POSITION YOU TAKE ON THOSE ISSUES 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 relevant provision of the Trust Receipt Law or PD 115 provides: 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 violation is made to fall, states: ART. 315. Swindling (estafa).—Any person who shall defraud another by any of the means mentioned herein below xxx: 1. With unfaithfulness or abuse of confidence, namely: xxx

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; 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.” ARGUMENTS IN YOUR FAVOR 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, 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 of 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 latter’s liability for the goods should, therefore, be considered purely civil. 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 latter’s use in his own business. This is clear from the ruling of the Supreme Court in Colinares v. Court of Appeals3 that reads: 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 latter’s 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 Furniture’s 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. CONCLUSION AND RECOMMENDATION 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. Please let me know if I can be of further service to you in this matter. Very truly yours, ANNA ELIZABETH A. DE DIOS _______________________ 1 Third paragraph, Trust Receipt, Annex “B”. 2 Id., fifth paragraph. 3 339 SCRA 609 (2000) 4 At pp. 623. 5 Supra, at pp. 623-624.

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 client’s 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 attorney’s 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.

SAMPLE: LEGAL OPINION

OPINION NO. 51, S.2010 November 11, 2011 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.

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 Justice 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 taker’s gain, but the owner’s 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-of-way, 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. 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: The classification and use for which the property is suited; (a) The developmental costs for improving the land; (b) The value declared by the owners; (c) The current selling price of similar lands in the vicinity; (d) The reasonable disturbance compensation for the removal and/or demolition of certain improvement on the land and for the value of improvements thereon; (e) This size, shape or location, tax declaration and zonal valuation of the land;

(f) The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and (g) 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 Lawyer's Review, 2010

F. 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.

HEADING

2.

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.) - 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 CLIENT’S POSITION - 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 Plaintiff’s version of the facts Defendant’s version of the facts The issue or issues Body of Arguments Relief

ILLUSTRATION 2: TRIAL MEMORANDUM: (please refer to 2011 golden notes)

HEADING Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Mandaluyong City, Branch 156 RAMON C. MARANAN, Plaintiff, -versusGONZALO REALTY CORP., Defendant x--------------------------------x

SCA No. CV 0341

DEFENDANT’S MEMORANDUM

Defendant, by counsel, respectfully submits its memorandum in the case: SUMMARY OF THE NATURE OF THE ACTION AND THE COURT PROCEEDING 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 attorney’s fees against each other. A SUMMARY OF THE FACTS OF THE CASE 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 twentyfive 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). Maranan went to Gonzalo Realty’s 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 Maranan’s 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”). 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 company’s 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 Realty’s 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 Ted’s 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 Realty’s by-laws, its president’s 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 Maranan’s 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). STATEMENT OF RELEVANT ISSUES PARTIES PRESENT FOR RESOLUTION 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 2. Whether or not either party is entitled to damages and attorney’s fees

BODY OF ARGUMENTS The Arguments I. TED GONZALO DID NOT HAVE AUTHORITY TO BIND GONZALO REALTY TO THE LONG-TERM LEASE AGREEMENT THAT HE SIGNED Maranan claims that Gonzalo Realty is bound by the contract that he entered into with Ted Gonzalo since, as president of Gonzalo Realty’s 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 latter’s 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. Third. It does not help Maranan’s 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 Realty’s 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. As president, Ted only had powers of general administration under the corporation’s 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: 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 long-term 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. 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 Guillermo’s limited authority, on a monthto-month lease only since they were paying rents on a monthly basis. Consequently, Maranan cannot infer from the fact of Gonzalo Realty’s 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 Realty’s 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 Gonzalo’s 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. 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 attorney’s fees. RELIEF WHEREFORE, defendant Gonzalo Realty Corporation respectfully prays the Court to render judgment: 1. Dismissing the petition for lack of merit; and 2. Ordering plaintiff Ramon C. Maranan to pay defendant moral damages of P1 million and attorney’s fees of P100,000.00 plus appearance fee for counsel at P3,000.00 per hearing. [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.]

Manila for Muntinlupa City, May 12, 2012.

ISABELA H. FONTANILA Counsel for Gonzalo Realty Corp. 2nd Flr. Olympia Bldg 445 Buendia Avenue Makati City Atty. Roll No. 23456 IBP 544498 12-21-12 PTR 8723254 01-02-12 MCLE Compliance III-295 Email: [email protected] Copy furnished: Atty. Shaira A. Cruz 346 President Avenue Parañaque City Source: Abad, Roberto. The Fundamentals of Legal Writing. 2009.