What are Legal Forms
Notarization
Legal form is an instrument/document to be employed
in a legal transaction or a judicial proceeding. (Templates
of a legal forms)
Legal - means conforming or permitted by law or
established.
Forms - printed or typed document with blank spaces for
insertion of requested information.
• ex of forms use in legal transactions
✓ Contract, MOA,MOU,sales of property
• ex of forms use in Judicial proceedings
✓ affidavits, complaint, information, investigation
report
Important Guidelines in Making Legal Form
1. Language used in most legal forms. (Medium in
court is English)
2. Correct choice of word
- words used must be simple and appropriate.
Observe correct grammar, spelling ,and punctuation.
3. Proper sentence construction (past tense)
-simple, direct, and not too long, correctly
phrased. There must be subject verb agreement.
4. Paragraphs must be impressive
- properly developed and organized
5. Correct Citations.
-cite the provision of law and jurisprudence
6. Correct form of legal document
-ex. complaint affidavit
What is Document
➢ It is a written instrument, an agreement, a
deed, a map, an object, a photograph or
anything w/c proves a fact, an event, an
incident, or transaction
Types of Documents
• Private
-half similarities (may contain agreement, any
words or phrase that is technical of legal.
-legal document that is not yet notarized
• Public (Notarized Document)
- legal document that is notarized
• .
– the act that ensures the document express the
true agreement b/w parties.
Two Reasons/purpose of Notarization.
1. for the lawyer to check to ensures that the provisions
in the document true agreement.
2. it converts private document to public document (it
will render the document to be admissible in the court
w/o further proof of authenticity)
Authorized to Perform Notarial Acts
• Notary Public - refers to any member of the
Philippines Bar in good standing who is issued a
National Commission (lincense) by Executive Judge.
• Notary public ex officio
- government official who is clothed by law
general authority to administer oaths to perform notarial
acts w/n the limits of their territorial jurisdiction. pres,v-
pres,members of both houses, sect of depts, governor,
mayors, clerk of court.
Classification of Legal Forms
1. BUSINESS FORMS (Business in Nature)
➢ Business Forms are used in conveyancing, 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 (Suarez,
Rolando A, 2007).
Two types of Business forms
1. Business Contract - is an agreement in w/c the party
agrees to an exchange, typically money, goods or
services.
2. Business Transaction - an event/process involving an
interchange of goods, money, or services b/w two
parties.
Classification of Legal Forms
2. Judicial Forms
➢ Judicial Forms refer to forms which pertain to
different kinds of pleadings, applications,
petitions, affidavits, motions, and the like
(Suarez, Rolando A., 2007).
Additional info.
1.1. Complaint- is the pleading alleging the plaintiff's
cause or causes of action. The names and residences of
the plaintiff and defendant must be stated in the
complaint.
1.2. Answer - An answer is a pleading in which a
defending party sets forth his defenses. Defenses may
either be negative or affirmative.
1.3. Motion - is a procedural device to bring a limited,
contested issue before a court for decision. It is a request
to the judge (or judges) to make a decision about the
case. Motions may be made at any point in
administrative, criminal or civil proceedings, although
that right is regulated by court rules which vary from
place to place.
1.4. Cross-claim- A claim brought by a plaintiff against a
coplaintiff, or by a defendant against a codefendant.
2.1. Interpleader - is a remedy whereby a person who
has personal property in his possession, or an obligation
to render wholly or partially, without claiming any right
in both, comes to court and asks that the persons who
claim the said personal property or who consider
themselves entitled to demand compliance with the
obligation, be required to litigate among themselves, in
order to determine finally who is entitled to one or the
other thing.
2.2 Declaratory Relief- A declaratory judgment is a
binding judgment from a court defining the legal
relationship between parties and their rights in a matter
before the court.
Additional info.
1. Business forms
2. Judicial Forms
I. Ordinary Civil Action is one by which a party sues
another for the enforcement or protection of a right or
the prevention or redress of a wrong.
II. Special Civil Action is an action whereby one party
sues another to enforce or protect a right or protect a
right or to prevent the commission of a wrong by
following special rules of procedure.
3. Special Proceeding is a remedy by which a party seeks
to establish a status, a right, or a particular fact (1997
Rules of Civil Procedures)
4. Criminal Action is the procedure by which a person
accused of committing a crime is charged, brought to
trial, and judged.
• Pleadings - are the written statements of the
respective claims and defenses of the parties
submitted to the court for appropriate judgment.
ex. complaint, counterclaim, cross-claim, third (fourth,
etc.)- party complaint, or complaint-in- intervention.
• Petition - is a legal document formally requesting a
court order and setting out the petitioner's version
of the facts at issue.
ex. Petition for divorce
• Motion - An application for an order not included in
a judgment. An application made to a court or judge
for the purpose of obtaining a ruling or order
directing some act to be done in favor of the
applicant.
• Three General Types of Cases
1. Civil Case - (money/payment/property)
- preponderance of evidence
-Fine / Monetary damages
2. Criminal Case
- proof beyond reasonable doubt
-Imprisonment & Fines /monetary punishment
3. Administration Case
- substantial evidence
- filed only of government employee
- remove/disqualification on government position
-non- judicial bodies
A. Ordinary Civil Action
-perform by person or a party something in the court in
order for his right to be protected.
-party sues another for enforcement or protection of a
right or protection of a wrong.
➢ Complaint (civil case)- written accusation furnishes
by a complainant
➢ Motion- formal request made to a judge for an order
or judgement. Motions are made in court for many
times for many purpose; to continue/postpone a
trial, modification of order, or for dismissal of the
opposing party’s case. ex. motion for
reconsideration.
➢ Answer -defendant first formal written statement to
plaintiff initial complaint. This opening written
statement will admit or deny the allegations or
demand more information.
B. Special Civil Action (special proceedings)
-perform by person or a party to file something in the
court in order for his right to be protected.
➢ Mandamus (order of higher court)- is an action
whereby a court of jurisdiction commands inferior
tribunal, or person to perform duty w/c the requires
to be done resulting from such office or trust.
➢ Quo warranto - special form of legal action used to
resolve a dispute whether the specific person has
legal rights to hold the public office.
➢ Cross claim - demand made in pleading against party
on the same side of the lawsuit.
➢ Prohibition - to prohibits someone from doing
further proceeding where there is grave abuse of
discretion or absence of jurisdiction.
C. Special proceedings - is a remedy by w/c a party
seeks to establish a status, a right, or a particular
fact. Does not involve civil proceeding.
➢ Petition for Habeas corpus - a request for writ
requiring a person to be brought a judge or court,
especially for investigation of a restraint of person’s
liberty, used as a protection against illegal
imprisonment. (Habeas Corpus Proceeding).
➢ Escheat - a proceeding whereby the real and
personal property of a deceased person in the
Philippines, who died w/o leaving any will or legal
heirs, become the property of the state upon his
death.
➢ Petition for guardianships - is filed at the event that
the parent is deemed unfit.
D. Criminal Action - is the procedure by w/c a person
accused of committing a crime is charged, brought to
trial and judged.
Complaint - accusation executed by complainant
Information - executed by prosecutor
Importance of Legal Forms
• The memory of people is short. Parties to a verbal
agreement often disagree as to what they have
agreed several months or years after they have
entered into a verbal agreement.
• To avoid such situation and in order to have a clear
guide and evidence of the terms they have agreed,
lawyers, or even the parties themselves, request a
written agreement for their contract or legal
transaction. Moreover, form is important when the
law requires a document or other special form.
Affidavits
• A formal written statement from an individual before
a notary or officer of the court outside of the court
asserting that certain facts are true to the best of
that person’s knowledge. It is an oath that what an
individual is saying is the truth.
• written statement declaration of facts w/c is
voluntary executed and confirmed by the affiant and
subscribed before a Notary Public or an officer
authorize to administer oath.
• Facts -
• Legal Consequences of false and untruthful facts in
an Affidavit.
R. A. 3815 Art. 183. False Testimony in other cases and
perjury in solemn Affirmation.
-Arresto Mayor in its Maximum period (1 mon & 1day to
6mons)
-Prision correctional in its minimum (6mons & 1day 6yrs)
RA No. 115941 - Prision Mayor in its minimum to Prision
Mayor in its medium period. (6yrs & 1day - 10 yrs)
Contents of Judicial Affidavit (SC Judicial Affidavit Rule)
✓ In language known to the witness if not in
English/Filipino, accompanied by translation in
English/Filipino.
✓ The Name and address of the lawyer who conducts
or supervises the examination of the witness and the
place where the examination is being held.
✓ Questions asked of the witness and his
corresponding answers, consecutively numbered,
• JURAT - latin for “to swear”. it is a certificate
attached to the affidavit/desposition to signify that
the affidavit or desposition was properly made
before the duly authorized officer. (certification)
• ACKNOWLEDGEMENT - it is the act of one who has
executed a deed in going before some competent
officer or court and declaring it to be his act or deed.
(Declaration)
• ATTESTATION - executed by the lawyer who
conducted/supervised the examination of the
witness.
a. He faithfully recorded the Q he ask and
corresponding A by the wit.
b. Neither him/ any other person assisting or
coached the witness regarding the latter’s
answer.
Oath. I swear by Almighty God that the evidence I shall
give shall be the truth, the whole truth and nothing but
the truth. I do solemnly, sincerely and truly declare and
affirm that the evidence I shall give shall be the truth,
the whole truth and nothing but the truth.
Affirmation.
"I solemnly declare and affirm that the evidence I shall
give will be the truth, the whole truth, and nothing but
the truth"
Basic parts of Affidavit
1. Commencement: This is the beginning of the
document where the affiant or the person making
the affidavit is identified.
2. Averments: Also known as affirmations, these
include a list of all the claims that are being made by
the affiant.
3. Statement of Fact or Truth: A statement of
fact/truth is what states that everything that is
mentioned in the affidavit is true. A statement of
truth may be something like this: I solemnly swear
that the aforementioned are true and correct to the
best of my knowledge and belief.
4. Attestation Clause: This is the portion where the
oath made by the affiant is certified. It also consists
of the date.
5. Signatures: This is the last portion of the document
that includes the signature of the affiant, as well as
that of the witness(es).
FORMS OF AFFIDAVIT IN LAW ENFORCEMENT
1. Affidavit of Arrest (Arrest report)
-is generally filled out by the arresting officer and states
the facts and circumstances surrounding and arrest. The
affidavit may state such facts as the information w/c led
to the arrest and the observations made before and the
arrest occurred. It may also be referred to as an arrest.
Arrest- taking into custody of a person, pursuant to the
laws of arrest, for whom a police officer has probable
cause to believe has committed a crime
Affiant - an officer who swears under oath that the
information contained in an affidavit (statement of
probable cause) is true.
Commitment order - order coming from a judge directed
to a jail officer ordering him to put a person identified in
that document into custody.
2. Affidavit of Complaint - a sworn statement charging
a person with an offense, subscribed by the offended
party, any peace officer, or other public law officer
charged with the enforcement of the law violated. It
may file at the prosecutor’s office as a requirement
for preliminary investigation.
• Parts of the Complaint
1. Name of the Accused
2. Designation of the offense by the statue
3. Acts or omissions w/c constitute an offense
4. Name of the offended party
5. Approximate time of the commission of the offense
6. Place where the offense was committed
3. Affidavit of Witness (Judicial Affidavit)
- sworn statement from a witness in a case. It is a
document that sets out the evidence that the witness
wants to give. It is the witness’s direct testimony. Under
Judicial Affidavit Rule, Judicial affidavit must in question
and answer form.
• Deposition - is a witness’s sworn out of court
testimony. It is used to gather information as part of
the discovery process and, in limited circumstances,
may used at trial. The witness being deposed is called
“deponent”.
1. Deposition de bene esse( for what’s it worth) - one
filed after a case has already been filed in court, i.e.,
to preserve testimony in danger of being lost before
the witness can be examined in court.
ex. witness scheduled to leave abroad with no possibility
of returning. the witness is so sick and possibility to die.
2. Deposition perpetuam rie memoriam ( pertual
remembrance of an event) - one taken in
anticipation of a case not yet filed in court.
NOTE.
Deposition is one of the modes of discovery available to
the parties to a case as a means of informing themselves
of all the relevant facts.
they are not meant to be substitute for the actual
testimony in open court, on the ground that adverse
party has no opportunity to cross examine the deponent
at the time his testimony is offered at the trial or hearing.
• How Depositions Work
Depositions don't take place in courtrooms; instead, they
usually take place in attorneys' offices. The attorneys will
ask the witness, or deponent, a series of questions about
facts and events related to the lawsuit with the entire
deposition recorded word-for-word by a court reporter.
The reporter is present throughout the session and will
produce a transcript at a later time. A deposition can also
be videotaped. This is usually done when the deponent
is very ill and may not be well enough for trial, or if the
deponent will be out of town or otherwise unavailable
during trial.
15 mins or more...
AFFIDAVIT VS DEPOSITION
Depositions is spoken and recorded, while affidavit is
written.
4. Affidavit of Desistance
- a written statement under oath by the complaint
stating that he/she is no longer interested in pursuing the
complaint or criminal case against another person.
The affidavit of desistance is filed before the office or
court where the complaint is pending or being
investigated.
Effect of Affidavit of Desistance in Criminal Case
It does nor bar the People of the Philippines form
prosecuting the criminal action, but it operates as a
waiver of the right to pursue civil indemnity(damages).
Recantation-means the witness who previously gave a
testimony subsequently declares that his/her
statements were not true.
5.Reply Affidavit- as an affidavit served in court
proceedings in w/c a deponent responds to another
party’s evidence where that party’s evidence was itself in
response to evidence served by the party seving the reply
affidavit.
6. Counter Affidavit - is an affidavit responding to and
contradicting the affidavit produced by adversary. It is an
affidavit made in opposition to already made.
7. Rejoinder Affidavit - The answer made by a defendant
in the second stage of that rebults or denies the
assertions made in the plaintiff’s replication. The joinder
allows a defendant to present a more responsive and
specific statement challenging the allegations made
against him/her.
8. Affidavit of Denial for NBI Clearance
- may be submitted to clear one’s name when there are
other records bearing the same with pending case or
derogatory information.
9. Affidavit of Undertaking- is done in order to promise 4. In case of doubt on the existence of probable
in course for legal proceedings, and to also refrain from cause, the judge may order the prosecutor to
the act of doing anything. present additional evidence within five (5) days from
notice and the issue must be resolved by the court within
• Preliminary Injuction - is an order granted at any
thirty (30) days from the filing of the complaint of
stage of an action or proceeding prior to the
information.
judgement of final order, requiring a party to an
administrative case or any third person to refrain 5. If the warrant of arrest is issued by the MTC and
from a particular act/acts. It may also require the if the preliminary investigation was conducted by the
performance of a particular acyt/acts, in w/c case it prosecutor, the same procedure as above is followed
shall be known as preliminary mandatory injuction.
What is probable Cause?
• 10. Affidavit of Loss - a written statement that
- refers to such facts and circumstances w/c would lead
describes the facts concerning the loss of an object,
a reasonably discreet and prudent man to believe that an
usually a document such as an identification card, a
offense has been committed and that the objects sought
driver’s license, passport, documents relating to the
in connection with the offense are in the place sought to
registration or vehicles.
be searched.
OTHER LEGAL FORMS RELEVEVANT TO LAW
Properties subject under Rule 126,sec.2 of the RoC.
ENFORCEMENT
a. Subject of the offense;
1. Search Warrant - is an order in writing, issued in the
b. Stolen or embezzled property and other fruits or
name of the People of the Philippine Islands, signed by a
proceeds of the offense; and
judge or justice of the peace, and directed to a peace
c. Property used or intended to be used as a means for
officer, commanding him to search for personal property
the commission of an offense.
and bring it before the court.

2. Warrant of arrest means a process of a court, directing

a peace officer to arrest a defendant and to bring the
defendant be- fore the court for the purpose of
arraignment upon an accusatory instrument filed there-
with by which a criminal action against the defendant has
been commenced.
WHEN MAY A WARRANT OF ARREST BE ISSUED?
If issued by the RTC,
1. Within ten (10) days from the filing of the
complaint or information, the judge shall personally
evaluate the resolution of the prosecutor and its
supporting evidence.
2. He may immediately dismiss the case if the
evidence on record clearly fails to establish probable
cause.
3. If he finds probable cause, he shall issue a warrant of
arrest, or a commitment order if the accused has
already been arrested pursuant to a warrant issued by
the MTC judge who conducted the preliminary
investigation or when the complaint or information
was filed pursuant to section 7 of this Rule.
3. Petition for Wire Tapping - an application to the court
requesting for the issuance of an order allowing to
conduct wiretapping.
Wire Tapping - the practice of connecting a listening
device to a telephone line to secretly monitor a
conversation.
4. Warrant to Intercept Computer Data(WICD)
- an order in writing issued in the name of the People of
the Philippines Signed by the Judge, upon application of
law enforcement authorities, authorizing the latter to
carry out any or all of the ff: a) listening to, b). recording,
c). monitoring, or surveillance of the content of the
communications, including procuring of the content of
the computer data, either directly, through access and
the use of computer system or indirectly, through the
use of electronic eavesdropping or tapping devices, at
the same time that the communication is occurring.
5. Request for Preliminary Investigation - a respondent’s
request to the court for the conduct of preliminary
investigation.
6. Motion for Reconsideration - is a motion that you file
when you want the judge to take a second look at a
decision that you feel was incorrect.
Basis for filling:
a. the damages awarded are excessive;
b. the evidence is insufficient to justify the decision; or
c. the decision is contrary to law
7. Notice of Appeal - (a request to a higher court)
- a written document filed by the appellant with the court
and a copy of w/c is sent to the appellee- is the initial step
in the appeals process. It informs the court and the party
in whose favor a judgement or order has been made that
the unsuccessful party seeks a review of the case.
Motion for Reconsideration vs Appeal
- a motion to reconsider is asking the judge to change his
own ruling. an appeal asks to a higher court to overturn
the ruling.
8. Commitment Order - a written of the court, or any
agency authorized by the law to issue, entrusting an
inmate to a jail for purpose of safekeeping during the
pendency of his/her case.
Summons and Appearance Notice
➢ an appearance notice and a summons are official
notices telling a person they have to appear in court
at a specific time and place to respond to a criminal
charge.
➢ The first appearance is not a trial. It’s the first step to
find out more about the charge against you. The
prosecutor will give information (called
the particulars or disclosure) about the charge.
❖ If you receive an appearance notice or summon
Whether you received an appearance notice or a
summons, the document will tell you three important
things:
• ·the time and place when you have to go to court,
• ·the type of offense you have to answer to, and
• ·whether you must go to the local police station to
be fingerprinted and photographed.
Difference between an Appearance Notice and a
Summons
• If someone is not yet charged with a crime, they
might be given an appearance notice.
• For example, say a security guard in a store
believes a person shoplifted something. The
security guard calls the police. The police might
give the person an appearance notice requiring
them to appear in court to answer to a charge of
theft. But there is not yet a criminal charge.
A prosecutor (also called Crown counsel) has to
first approve the charge. The person will learn
when they get to court whether the charge was
in fact approved, or laid.
• A summons is given to a person once they have
been charged with an offence.
• Let’s say a person while driving home one night
hits a parked car, and just keeps on going.
A witness sees them and reports the accident to
the police. The police investigate and
recommend Crown counsel charge the driver
with an offense. The police might have a
summons delivered to the driver saying they’ve
been charged and when they have to appear in
court
The offense
➢ The document will tell you the offence you have
to answer to.
There are two types of offenses.
1. Summary conviction offenses are considered
less serious, such as shoplifting or causing a
disturbance.
2. Indictable offenses are more serious. Examples
are breaking and entering, sexual assault, and
murder.
What is Subpoena?
➢ Subpoena is a writ issued under the authority of
a court to compel the appearance of a witness at
a judicial proceeding, and the disobedience of
which may be punishable by contempt of court
(Barron’s Law Dictionary).
Two Kinds of Subpoena
1. Subpoena ad Testificandum
- the person will have to attend and testify at the hearing,
the trial of an action, an investigation conducted by a
competent authority, or for the taking of his deposition
(Section 1, Rule 21, Rules of Court).
According to the Webster Dictionary, to testify means to
make a statement based on personal knowledge, and to
have personal knowledge is to be able to perceive
(events, circumstances or occurrences) and perceiving
can make known his perception to another (Section 21,
Rule 130, Rules of Evidence, amended).
2. Subpoena Duces Tecum
-In some cases, the courts or investigation agencies may
require the person subpoenaed to bring with him books,
documents, or other things under his control.
To be clearer, aside from the court, the Office of the
Prosecutor, Office of the Ombudsman, National Bureau
of Investigation, House of Representatives, and the
Senate of the Philippines, among others, can issue a
subpoena.
What is Motion for Reconsideration
RULE 23 - MOTION FOR RECONSIDERATION
Section 1. Filing of Motion for Reconsideration. - A party
adversely affected by a final order, resolution, or
decision of the Commission rendered in an adjudicative
proceeding may, within fifteen (15) days from receipt of
a copy thereof, file a motion for reconsideration. In its
motion, the movant may also request for reopening of
the proceeding for the purpose of taking additional
evidence in accordance with Section 17 of Rule 18.
Section 2. Opposition. – Any party to the proceeding
may object to a motion for reconsideration filed under
Section 1 by filing an opposition thereto within ten (10)
days from receipt thereof.
Section 3. Effect of Filing of Motion for Reconsideration.
- The filing of a motion for reconsideration shall stop the
running of the fifteen-(15) day period in Section 5 of Rule
22 and prevent the final order, resolution or decision of
the Commission from becoming final and inappealable.
Notice of Appeal
• A notice of appeal—a written document filed by
the appellant with the court and a copy of which
is sent to the appellee—is the initial step in the
appeals process. It informs the court and the
party in whose favor a judgment or order has
been made that the unsuccessful party seeks a
review of the case. Failure to file a notice of
appeal according to the statutory requirements
will preclude appeal.
• Section 1. Where to appeal. MTC-RTC-CoA-SC
• Sec. 2. When to appeal. The appeal shall be
taken within fifteen (15) days from notice of the
judgment or final order appealed from.
• Sec. 3. How to appeal. The appeal is taken by
filing a notice of appeal with the court that
rendered the judgment or final order appealed
from.
Efficient use of Paper rule (Legal Forms)
1. Format and style - all pleadings, motions, and similar
papers intended for the court and quasi-judicial body’s
consideration and action shall be written in SINGLE
SPACE W/ 1 1/2 SPACE B/W PARAGRAPHS using an
easily readable font style of the party’s choice, 14 FONT
SIZE and 13 INCH BY 8.5 INCH WHITE BOND PAPER.
Margins and Prints - a left hand margin of 1.5 inches
from the edge, an upper margin of 1.2 inches from the
edge. a right-hand margin of 1.0 fr. the edge, and lower
margin of 1.0 inch from the edge.