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LEGAL FORMS (Law 640) 2020 Course Syllabus: Chapter I. Introduction
LEGAL FORMS (Law 640) 2020 Course Syllabus: Chapter I. Introduction
LEGAL FORMS (Law 640) 2020 Course Syllabus: Chapter I. Introduction
Course Description: A course which trains the students in the drafting of various
legal documents and deeds, as well as judicial pleadings and briefs. Likewise, this
course entails the review of the substantive laws learned by the students in the pre-
requisite subjects, and the incorporation of their concepts in the legal and judicial
forms to be prepared by them.
Chapter I. INTRODUCTION -
A. Law and Legal Writing in the Philippines
1. Language of the Law
a. Secs. 6 - 9, Art XIV, 1987 Constitution
b. Sec. 10, Rule 138, Rules of Court
2. Legal Writing
a. Definition
b. Types
A. Coverage
1. Business Forms
2. Judicial Forms
B. Importance (Arts. 749, 806, 1356, 1358, 1359, 1403, 1405, 2096 Civil
Code)
1. Is form required for the validity of the contract
2. When is form important
3. Instances when agreement must be in a public document
i. Definitions
FORMS
1. Affidavit of Loss
2. Affidavit of Good Faith
3. Affidavit of Merit
C. Oath
Officials authorized to administer oath
Method of administering oaths
Republic Act 6733 - Representatives
Republic Act 10755 – Barangay chair ( Fortuno Law)
Grandfather’s rule
(Narra Nickel Mining v. Redmont Consolidated Mines, April 21, 2014
Review Rule 9
b. How are pleadings construed
Phil. Veterans Bank v. CA, 173 SCRA 544
Orbit Trans v. WCC, 58 SCRA 78
Parts of a Pleading
c. Caption
d. Jurisdictional Allegations (Rule 8)
1. Ultimate facts v. Evidentiary facts
2. Alternative causes of action or defense
3. Averment of condition precedent
4. Capacity
e. Signature and Address
f. Verification
Who must sign the verification
Pleadings that need to be verified
g. Certification of Non-Forum Shopping
53. Petition for the Probate of Will and the Issuance of Letters
Testamentary
Rule 76 – 1 to 11
Art. 811, 838
Cases to follow.
References:
1. Legal Forms. Rolando Suarez. 2019
2. Legal Forms. Sulpicio Guevarra. 2001
3. Legal Writing: A Competency-Based Approach. Marvel Gil Tabucanon. 2010
4. Notaries Public Debasing the Legal Profession. Ferdie Sanchez. 2009.
5. Primer on the New Rules on Notarial Practice, Regalado Maambong
6. Comments and Cases on Sales and Lease. De Leon and De Leon, Jr. 2014
7. Comments and Cases on Credit Transactions. De Leon. 1999
8. Property Registration Decree and Related Laws, Justice Oswa;do Agcaoili. 2011
9. Civil Code
10. Family Code
11.Revised Penal Code
12. Revised Rules of Court
13.Commercial Code