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DANIEL LISING MD LLM LEGAL FORMS

POWERS OF
ATTORNEY
TYPES

• General Power of Attorney


• Special Power of Attorney
DIFFERENCE

• A Special Power of Attorney should be drafted if the principal's intent is to empower the
agent to perform ACTS OF DISPOSITION (sale, mortgage, lease, etc.),
• if only ACTS OF ADMINISTRATION is intended, a General Power of Attorney would
suffice.
PARTS OF A POWER OF ATTORNEY

• [1] Venue and Title



• [2] Personal Circumstance

• [3] Appointment operative words

• [4] Power

• [5] Granting authority operatives

• [6] Acknowledgment
SPECIAL POWER OF ATTORNEY (To Sell Parcel of Land)

KNOW ALL MEN BY THESE PRESENTS:

I, [Mr]/[Mrs]/[Miss]_____________________, of legal age, Filipino,


[single]/[married] and a resident of
_________________________________________, Philippines, do
hereby name, constitute and appoint
[Mr]/[Mrs]/[Miss]____________________________, of legal age,
Filipino, [single]/[married] and a resident of
______________________________________, Philippines be my
true and lawful attorney in-fact to act, for and in my stead, to do and
perform the following acts deeds and things, to wit:

1. To sell, assign and dispose of a parcel of land covered by TCT


No. _____________________________________ , situated at
_______________________ including the improvements
thereon under such terms and conditions acceptable to my
Attorney-in-Fact;

2. To sign, execute and deliver the necessary Deed of Sale


covering such sale including any and all documents that may be
necessary or required thereto and to deliver possession of the
property to said Vendee;

3. To receive the proceeds of the sale, either in cash or in check


and to pay expenses for capital gains, real property tax and any
and all such expenses that may be agreed upon between the
Vendee;

4. To do such any other act or thing that may be required


necessary or incidental to carry out effectively any and all of the
purposes for which this authority is hereby given;

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full


power and authority to do and perform any and every act, and thing
whatsoever requisite and necessary to be done in and about the
premises, as fully to all intents and purposes as I might or could lawfully
do if personally present and hereby ratifying and confirming all that my
said attorney-in-fact shall lawfully do or cause to be done by virtue of
these presents.

IN WITNESS WHEREOF, I have hereunto set my hand this


_______________ at __________________________, Philippines .
GENERAL POWER OF ATTORNEY
1. To prosecute and defend any and all actions which are now or may hereafter be
KNOW ALL MEN BY THESE PRESENTS: pending in any of the courts of the Philippines or to compromise the same, and for
me and in my name;
I, ____name_______, of legal age, single and a resident of ______(address)_____, do
hereby appoint, name and constitute -----(Name of atttorney)----, also of legal age, single and a 2. To retain an accountant, attorney, physician or other advisor deemed necessary
resident of (ADDRESS), to be my true and lawful attorney-in-fact, for me and in my name, place, to protect my interests generally or relative any foregoing unlimited power.
and stead, to do and perform all acts on my behalf that I could do if personally present, including,
but not limited to the following acts and things, to wit:
In general, to do all other acts, deeds, matters and things whatsoever in or about my estate,
1. To administer, take charge, and manage for my sole benefit, my real and personal property and affairs, or to concur with persons jointly interested with myself therein, doing all acts,
properties itemized in the attached Annex “A” which is made in integral part of this deeds, matters and things therein, either particularly or generally described, as fully and effectually
document.
to all intents and purposes as I could do in my own proper person if personally present.
2. To ask, demand, sue for, recover, collect and receive all such sums of money,
debts, dues, accounts, legacies, bequests, interests, dividends, annuities, and HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority
demands whatsoever, as are now or shall hereafter become due, owing payable
or belonging to me and have, use, and take all lawful ways and means in my name,
whatsoever requisite or necessary or proper to be done in or about the premises, as fully to all
or otherwise, for the recovery thereof by suit, attachment, or otherwise, and to intents and purposes as I might or could lawfully do if personally present, and hereby ratifying and
compromise and agree for the same, and acquittance or other sufficient discharges confirming all that my said attorney-in-fact shall do or cause to be done under and by virtue of these
for the same, for me and in my name to make, seal, and deliver;
presents. This power of attorney may be revoked by me at any time, and shall automatically be
3. To sell, deed, buy, trade, lease, mortgage, assign, rent or dispose of any of, my revoked upon my death, provided any person relying on this power of attorney before or after my
future real or personal property; death shall have full rights to accept the authority of my attorney-in-fact until in receipt of actual
notice of revocation.
4. To execute, accept, undertake, and perform all contracts in my name;

5. To open an account or accounts with my bank or banks in Metro Manila, or IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of May 2021 in Quezon
elsewhere in the Philippines, either in my name as principal or in the name of my City, Metro Manila, Philippines.
attorney in trust for me, and to deposit with any such bank and funds or sums of
money, belonging to me, which re now or may hereafter be in his possession, and
to draw checks against any such account or accounts for such amount or amounts
as my said attorney shall deem necessary or convenient; (name)
6. To borrow, lend, invest or reinvest funds on any terms;

7. To vote at the meetings of any company or companies, and otherwise to act as my CONFORME:
proxy or representative, in respect to any shares now held, or which may hereafter
be acquired, by me therein, and also to sign and execute proxies or other
instruments in my name and on my behalf in favor of third parties; also to enter
into any voting trust agreement with other stockholders of any company in which I (NAME)
may now or hereafter hold stock and, in my name and on behalf, to agree to any
such voting trust agreement, or any modifications thereof, and to surrender and
deliver to the trustees or depositories of any such voting trust agreement any and
all shares of stock which I may own or hold, and to receive in exchange therefore Signed in the presence of:
such voting trust certificate or certificates as may represent my participation in such
voting trust in the same manner and to the same extent as herein provided for
shares of stock.
JUAN C. DELA CRUZ PEDRO K. PENDUKO
NEGOTIABLE
INSTRUMENTS –
PROMISSORY NOTES
DEFINITION

• A Promissory Note is a legal instrument in which one party promises in writing to pay
a determinate sum of money to the other, either at a fixed or determinable future time
or on demand of the payee, under specific terms.
ELEMENTS

• The date that the loan was made;


• Name and address of the borrower;
• A description of the purpose of the loan;
• Repayment terms (including interest rate, if applicable);
• A description of consequences if the borrower reneges on the
agreement; and
• A signature area for both the borrower and the lender.
PROMISSORY NOTE

PHP _____________

FOR VALUE RECEIVED, I promise to pay to the order of


Mr/Mrs/Miss__________________________________________ the sum of
________________________(Amount In Words)______________ (Php _____),
Philippine Currency, on or before at his residence/office at
__________________________________________________. Failure on my
part to comply with this promise on the date aforementioned shall subject the
above principal to interest at the rate of _______% per month and should the
collection be made with the services of a lawyer, then the same shall further be
subject to ____% attorney’s fees. In the event that a case for collection of the sum
of money above stated be filed, the principal shall earn further interest at the rate
of _____________%, plus cost of suit and other expenses

______________, 20____ at __________________, Philippines.


SIMPLE CONTRACTS
DEFINITION
• 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)
• Contracts reveal each of the parties’ specific undertakings. In making contracts, you must:
• Demonstrate the specific obligations of the parties
• Ensure the presence of the essential requirements of object, consideration, and consent in all contracts.
• Take also into consideration the peculiarities of specific contracts.
PARTS OF A CONTRACT

• [1] Title

• [2] Announcement

• [3] Parties

• [4] Conditions or terms

• [5] Signatures

• [6] Acknowledgement
CONTRACT OF LEASE OR RENT
6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit
the leased premises to be occupied in whole or in part by any person, form or
KNOW ALL MEN BY THESE PRESENTS: corporation, neither shall the LESSEE assign its rights hereunder to any other
person or entity and no right of interest thereto or therein shall be conferred on or
This CONTRACT OF LEASE is made, executed and entered into by: vested in anyone by the LESSEE without the LESSOR’S written approval.

__(Name Of Lessor)___, of legal age, single/married to __(Name Of Spouse)__, 7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV,
Filipino, and with residence and postal address at __(Address Of Lessor)__, water, Internet, association dues and other public services and utilities during the
hereinafter referred to as the LESSOR duration of the lease.

-AND- 8. FORCE MAJEURE: If whole or any part of the leased premises shall be
destroyed or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or
__(Name Of Lessee)__, of legal age, single/married to __(Name Of Spouse)__, any other unforeseen disabling cause of acts of God, as to render the leased
Filipino and with residence and postal address at __(Address Of Lessee)__, premises during the term substantially unfit for use and occupation of the LESSEE,
hereinafter referred to as the LESSEE. then this lease contract may be terminated without compensation by the LESSOR
or by the LESSEE by notice in writing to the other.
WITNESSETH:
9. LESSOR’S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after
WHEREAS, the LESSOR agrees to lease out the property to the LESSEE and the giving due notice to the LESSEE shall have the right to enter the premises in the
LESSEE is willing to lease the same; presence of the LESSEE or its representative at any reasonable hour to examine
the same or make repairs therein or for the operation and maintenance of the
NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR building or to exhibit the leased premises to prospective LESSEE, or for any other
leases unto the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED lawful purposes which it may deem necessary.
premises, subject to the following:
10. EXPIRATION OF LEASE: At the expiration of the term of this lease or
TERMS AND CONDITIONS
cancellation thereof, as herein provided, the LESSEE will promptly deliver to the
LESSOR the leased premises with all corresponding keys and in as good and
1. PURPOSES: The premises hereby leased shall be used exclusively by the
tenable condition as the same is now, ordinary wear and tear expected devoid of
LESSEE for residential purposes only and shall not be diverted to other uses. It is
all occupants, movable furniture, articles and effects of any kind. Non-compliance
hereby expressly agreed that if at any time the premises are used for other
with the terms of this clause by the LESSEE will give the LESSOR the right, at the
purposes, the LESSOR shall have the right to rescind this contract without
latter’s option, to refuse to accept the delivery of the premises and compel the
prejudice to its other rights under the law.
LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof
as penalty until the LESSEE shall have complied with the terms hereof. The same
2. TERM: This term of lease is for _(Number Of Years)_ (__) year from _(Starting
Date)_ to _(Ending Date)_ inclusive. Upon its expiration, this lease may be penalty shall be imposed in case the LESSEE fails to leave the premises after the
renewed under such terms and conditions as may be mutually agreed upon by expiration of this Contract of Lease or termination for any reason whatsoever.
both parties. Written notice of intention to renew the lease shall be served to the
LESSOR not later than seven (7) days prior to the expiry date of the period herein 11. JUDICIAL RELIEF: Should any of the parties herein be compelled to seek
agreed upon. judicial relief against the other, the losing party shall pay an amount of One
Hundred (100) % of the amount claimed in the complaint as attorney’s fees which
3. RENTAL RATE: The monthly rental rate for the leased premises shall be in shall in no case be less than Php 50,000.00 pesos in addition to other cost and
____________(Amount In Words)____ (Php _________.00), Philippine Currency. damages which the said party may be entitled to under the law.
All rental payments shall be payable to the LESSOR.
12. This CONTRACT OF LEASE shall be valid and binding between the parties,
4. DEPOSIT: The LESSEE shall deposit to the LESSOR upon signing of this their successors-in-interest and assigns.
contract and prior to moving in an amount equivalent to the rent for _(Number Of
Months In Words)_ (__) months or the sum of _(Amount In Words)_ (Php IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____day of
_________.00), Philippine Currency. (You can specify further how the deposit shall ____________ 20___ at ____________, Philippines.
be utilized. For example: The two (2) months deposit shall be applied as rent for
the last two (2) months and the remaining one (1) month deposit shall answer
partially for utilities such as water, electricity, internet, CATV, telephone, _(Name Of Lessor)_ _(Name Of Lessee)_
association dues, for damages and for any other obligation resulting from Lessor Lessee
violation(s) of any of the provision of this contract.)
WITH MARITAL CONSENT:
5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the
rent, such as when the checks are dishonored, the LESSOR at its option may ________________________ _________________________
terminate this contract and eject the LESSEE. The LESSOR has the right to Name of Lessor’s Spouse Name of Lessee’s Spouse
padlock the premises when the LESSEE is in default of payment for One (1) month
and may forfeit whatever rental deposit or advances have been given by the
LESSEE. ACKNOWLEDGMENT
• [1] Title

• [2] Announcement

• [3] Parties

PARTS OF A •
• [4] Whereases
CONTRACT •

INVOLVING •

[5] Agreement proper

REAL PROPERTY • [6] Conditions or terms



• [7] Signatures

• [8] Acknowledgement
DEED OF ABSOLUTE SALE
____________________ _______________________
Know All Men By These Presents:
BUYER BUYER
This deed of Absolute Sale is made and entered into by the following parties.

MISS ________________________, of legal age, single, Filipino citizen and with


resident address at ______________________________, __(town)___,
____(province)____, hereinafter referred to as the VENDOR; Signed in the Presence of:
- and -
__________________________ ______________________
SPS. ______________________________________________________ and
____________________________, of legal age, Filipino citizen and with resident ACKNOWLEDGEMENT
address at _________________, __(town)___, ____(province)____ hereinafter
referred to as the BUYER.

-WITNESSETH-
Republic of the Philippines )
______________City/Province___ ) S.S.
WHEREAS, the VENDOR is the lawful and legitimate owner of a parcel of land
situated in ______________________________, __(town)___, ____(province)____, BEFORE ME, a Notary Public, on this _________(date)___________ for the
containing an area of ________________________ square meters and more particularly Province of _________________________, Philippines, personally appeared
describe as follows: ________________________ and SPS. _________________ and _________________,
Property Descriptions
who acknowledged to me the authenticity and due execution of the foregoing document
and who avow under the PENALTY OF LAW, to truth of the contents of the foregoing
Transfer Certificate of Title No. __________ document and further acknowledged to me that the same is their free act and voluntary
deed.
Location : ______________________________ I hereby certify the affiant have been identify by the undersigned Notary Public through
Lot Area : ___________________________ square meters
Lot No. : ______________________________
Competent Evidence of Identity as follows:
Boundaries
North : ___________________________ Name Competent Evidence of Identity
East : ___________________________
West : ___________________________
South : ___________________________

WHEREAS, the VENDOR intends to sell the area of _____________________


square meters which being a portion of the Lot No. _______ while the BUYER intend to which bears their picture and signature and basing on the same, their picture appearing
buy the aforesaid portion of the parcel of land. thereon is one and the same signature on this document.
THAT FOR AND IN CONSIDERATION in the sum of
__________(amount)____________ Pesos Only (Php ____), Philippine currency to me
in hand paid by and receipt whereof I hereby acknowledged and confessed to my full and WITNESS MY HAND SEAL.
complete satisfactory upon the execution of this deed in favor of SPS. __(BILLY CO
YAN)_ and ___(BETH KHO YAN)___, legal age, Filipino and resident of
________________________ __(town)___, ____(province)____ I, (name of vendor), sell, Atty ___________________________________________
convey and transfer and by this presents has hereby SOLD, TRANSFERRED and Notary Public
CONVEY the above-mentioned portion of a parcel of land unto the said SPS. __(BILLY
Doc. No. ____ Commission Serial No. ____________________________
CO YAN)_ and ___(BETH KHO YAN)___, their heirs, assigns, executors or
administrators, free from all liens and encumbrances of whatever nature and kind. Page No. ____ Notary Public for
_______(Province/City)______________
IN WITNESS WHEREOF, the parties hereunto affixed their signatures today Book No. ____ Until December 31, 20__
_______________ here at ________________ Series of 20__ Office:
______________(address)____________________
Roll No. __________
______________________
VENDOR IBP Lifetime Roll No. _________; __/__/__ ; _(Province)_
PTR No. _________ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No. __________; __/__/__
REMEMBER!

• State citizenship, if the transaction involves titled property.


• State marital status, if the transaction involves titles real property. If a party is
married, state full name and his/ her citizenship.

• In the “whereas” clauses, the representations of the parties as well as their
respective intentions or motives, are usually stated.
DEEDS

• A Deed Form indicates an agreement of at least two parties but made to appear as a
unilateral act of a person disposing his property or right in favor of another after his
receipt of a consideration.
• The transaction is terminated by the conveyance of the thing or right.
• Examples:
• Deed of Sale
• Deed of Donation
• Title
• Announcement
• First Party
• Consideration
PARTS
• Act or Conveyance
• Second Party
• Signature
• Acknowledgment
• In a Deed of Repurchase of Land sold under Pacto de Retro:

• "for and in consideration of the amount of P1 million, do hereby RESELL,
RETRANSFER, and RECONVEY"

• In a Deed of Assignment:

NOTE THE
• "for and in consideration of the sum of P50,000 do hereby ASSIGN, TRANSFER, AND
CONVEY"

FOLLOWING •

In an Easement of Right of Way:

WORDS • "for and in consideration of the sum of P1 million, do hereby agree and permit Ramon
Santos a permanent easement of right of way over my above property not to exceed two meters
wide"

• In Extrajudicial Settlement Among Heirs:

• "the parties hereby agree to divide and adjudicate among themselves the above
described property as follows"
OTHER COMMON FORMS
Demand Letter to Pay and to Vacate

Date: __________

Name of respondent: ________________________


Address: __________________________________

Dear Mr./Mrs/Ms ________________,

DEMAND
It has been 30 days since you received my third letter dated
___________ and still, you have failed to pay and still refuses to pay
your arrears which have now amounted to NINETY NINE THOUSAND

LETTER
PESOS (P 99, 000).

Please be reminded that I have sent you several demand letters


for you to pay your back rentals and to vacate the premises but the
same letters have been left unanswered. Consider this as my last and
final demand for you to PAY your account within five (5) days from
receipt and to VACATE the premises within fifteen (15) days from
receipt of this notice. Otherwise, I shall be constrained to commence
suit to protect my interests.

Very truly yours,

_______________
Miss Ma. Sungit
LETTERHEAD

ACKNOWLEDGMENT RECEIPT OF MONEY

Date: __________________

RECEIVED from Mr/Mrs/Ms________________________________,


the amount of _____________________________________PESOS
(Php ______ ), Philippine Currency, as full/partial payment for the
purchase / lease of the property located at
__________________________address______________________,

ACKNOWLEDGEMENT
covered by TCT No. ______________.

RECEIPT OF MONEY CASH: _______________________

CHECK:
BANK: _______________________
CHECK NO.: ____________________
DATE OF CHECK: _______________
AMOUNT: _____________________

The above payment is subject to the terms and conditions stipulated in


the contract for the property being sold/leased.

Received by: __________signature_____________


________printed name________
AFFIDAVIT OF NO IMPROVEMENT

REPUBLIC OF THE PHILIPPINES )


_____________________________ ) SS.

I, ___(Name of Affiant)___, Filipino, of legal age, single/married to


___(Name Of Spouse)___, and a resident of ___(Address Of
Affiant)___, after having been duly sworn in accordance with law,
hereby depose and say:

AFFIDAVIT OF 1. That I am the registered owner of that parcel of land located


at Barangay _________________, Municipality
_________________, Province of _________________ which
of

NO
contains an area of (________) HECTARES and is covered by
Transfer Certificate of Title No. __________ of the Registry of
Deeds of and is now the subject of a Deed of Sale in favor of
_________________;

IMPROVEMENT 2. That the above parcel of land is not planted to any tree or crops
and has no improvement contemplated by the Agrarian Reform
Law;

3. That I am executing this affidavit in order to attest to the truth


of the foregoing circumstances and for the purpose of
compliance with the requirements of the Agrarian Reform Law.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


____day of ____________ 20___ at ____________, Philippines.

_________________________________
(Signature of Affiant over Printed Name)

ACKNOWLEDGMENT
CERTIFICATIONS
SECRETARY’S
CERTIFICATE
SECRETARY'S CERTIFICATE

As corporate secretary, I certify that last 12 January 2021 the Board of


Directors of the RENEGADE Product Corporation met at its principal office in
Makati City and passed the following resolution which to date remains effective
without amendments:

"Resolved that the Corporation shall open and maintain a current account
with Maybank Bank (Makati branch) and funds from it could be withdrawn with the
signature of the President and the Treasurer only."

Makati City, 22 January 2021.

(SGD). MANE PAPCORN


Corporate Secretary

(JURAT)
CERTIFICATE OF NO IMPROVEMENT OVER REAL PROPERTY

Republic of the Philippines


Province of _____________
Municipality of _____________

OFFICE OF THE MUNICIPAL ASSESSOR

Date: _________________

CERTIFICATION

To Whom It May Concern:

This is to certify that, as per Ocular Inspection made by the


Undersigned on __date___ in the land poperty of Mr./Mrs./ Ms.
______________________ located at Brgy. ____________, has no
improvement (Bldg./House) erected on Lot _____777_____ at
______TJD Subdivision, Santo Tomas, La Union_______.

This certification is issued upon the request of Mr. /Mrs/Ms.


______________________ of _______________________, for
whatever legal purpose it may serve her/him.

_________________
Municipal Assessor
COMPROMISE
DEFINITION

• a compromise as “a contract whereby the parties, by making reciprocal concessions, avoid


a litigation or put an end to one already commenced.”
COMPROMISE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

That we, _____________________, of legal age, and __________________, of


legal age, both resident of _____________________________, enters into a
COMPROMISE AGREEMENT with __________________________, of legal age,
resident of __________________________________________ to pay the sum of One
Hundred Fifty Thousand Pesos (PhP 150,000), Philippine Currency which is to be paid in
installments of Four thousand Pesos (PhP 4,000) to be delivered in the above address.

Upon completion of said payment, we do hereby quitclaim, release, discharge and


waive any and all actions of whatever nature, expected, real or apparent, which we may
have against ______________________. We will institute no action, whether civil,
criminal, or administrative against the above-mentioned person. Any and all actions
which we may have commenced either solely or jointly with others before any office,
board, bureau, court, or tribunal against the above mentioned person are hereby deemed
and considered voluntary withdrawn by us and we will no longer testify or continue to
prosecute said action(s).

We declare that we have read this document and have fully understood its
contents. We further declare that we will not divulge the particulars of this incident to any
member of the quad media. Furthermore, we declare that we voluntarily and willingly
executed this Compromise Agreement with full knowledge of our rights under the law.

IN WITNESS WHEREOF, I have hereunto set my hand at Valenzuela City, this


__ day of May, 2021.

_______________________ ______________________

SIGNED IN THE PRESENCE OF

_______________________ ______________________
THANK YOU FOR
YOUR ATTENTION!

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