Suarez

- CHAPTER!
THE NOTARIAL LAW
d Act
c. On October 1, 1902, the Philippine Commiss!on p3:5se
as the Law.
PARTI No. 496, otherwise known Land Regi.s tratw n
ary l,
The effectivity of said law was postponed to Febru
1903.
ve
CHAPTER I A new notarial law was provided in the Administrati
Code
d.
Code of 1916, and later, the Revised Adm inistr ative
of 1917 was enforced.
THE NOTARIAL LAW
3. THE DIFFERENCE BE'IWEEN THE OLD AND THE
NEWSYSTEM OF CONVEYANCING
THE LAW THAT GOVERNE D NOTARIAL PRACTICE
NEWSYSTEM
BRIEF HISTORICAL BACKGROUND OLD SYSTEM (Under Administrative
(Under Spanish Notarial Law) Code of 1917)
1. DURING THE SPANISH REGIME
a. The documents were pre a. It is the party executing
The law that governed notarial practice was the the deed who speaks, and
�otari� Law of Fe�ruar:>' 15, 1 889. A body of
rnstruct1ons for draftmg mstruments subject to
. .
:e::i
s •
h
record or
pared in the form of min
utes. It is the Notary Public
who spoke.
the notary is limited to the
taking of acknowled gmenL
registration was prom ulgated in the Phil ippin es
on O tob 3 b. It was sufficient to look at b. It is neressai-y to resort to the
1889 On Ap�il 11, 1890, regulations to carry
out the p�vis�:n; the text of the instrument forms in which the parties
of said Notanal Law were issued.
_-
in order to determine the si gn an instrument because
capacity in which a person it is the signature rather
2.
rER THE SPANISH REGIME, AMERICAN MILITARY executed a document. The than the ten which bears
ULE IN THE PHILIPPINES reason for this is because the stamp of authenticity.
BEGAN ON APRIL 14, 1898
a. The Militar y G the preparation of the
o vernment issued General Order No. 40 instrument was attended
d .
::� ;�tember 23, 1�99, and General Order No. �0 with solemnity.
d e ruary 3, 1900, mtrod
1aw. ucing modifications in said
b. On June • 11 1901 · · •
' ' the Philip pme Commission passed EXAMPLE
the Judi
w (Deed of Sale of Real Property e:cerutttl on July 1, 1890)
providet� � or Ac_t No. 136. Chapter II of said Jaw
e (Under Spanish Notarial Law)
and duties o:f � a_ ppomt�ent, qualifications, powers
o taries Public
NotanaJ La . It also provided that the DEED OF SALE OF REAL PROPERTY
regulations 7
°� Feb ruary 15, 1889, together with tbe
m rnenting the
orders that
o� ed the same and the militat>' In the Municipality of Taal, Prouinre of Baton.gas , on the
until the lawrn _ same should continue in force 1st day of July 1890, before me, Pt>dro Cru::, Notary Public for the
land title es tab lishing · n o{
is Passed. a new system of registratio said municipality, and resident of the same municipality, appears
Don Mariano Arevalo, married, 30 years o/ age, merchant, an.d
a resident of the same municipality , as it a ppears in his cedul a
scanned with CamScannet"

6
LEGAL FORMS
CHAPTER I
exhibited by him, issued on January 5, 1890, under No. Io 1
7
' hautn THE NOTARIAL LAW
legal capacity to execute this instrument, freely and spon t g
an.eousl
states: y, MARIANO AREVALO
PEDRO CRUZ
Vendor (rubric)
First. That Don Mariano Arevalo is the owner
of a Pare Notary Public
of land, containing an area of two thousand sq e/
· z · u are met ers, (Notaruil Seal)
located m · the municipa · 1ty o Taal
{ , province of Bat
bounded on the North by the property of Ben a g PROSED/O SUAREZ
igno M, t . n. as; Ven.dee
the East by that of Migu�l Sanchez, on z,
the South an°; ;; on
that of Celeste Zobel, as it appears in st by FELIPE RIVERA
a dee d of saIe aut
by Don Juan Domi· ngo, a Notary ho:i·zed Wit ness
Pu bli c of the Mu ni .
Taal,_ Batangas, which was ins ctpahty of
cribed in the Regz.stry CLEMENC/O SORIANO
of said province, in Volum ofProperty
e VIII' page 8, parcel Wit n ess
Nio. 29'accordi·ng to the . No. 3' E ntry
docu ments e xh . b ite d and the certific
of th e Regi ster of Prop ate
erty issued on �arch
property is free from 1, 1890; tha t sai DEED OF SALE
all liens and encum�r d
thereon for the current anc es; and the taxe (Usual Form of a Deed as provided in. Sec. 127 of Act 496)
year have b een paid; s
Second. And its alien
sell s to Don Pro ation h ing . been agre KNOW ALL MEN BY THESE PRESENTS:
ed on,
tog�ther with ease sedio S:arez ta;:_e abo ve-describe he hereby That I, Santiago Lopez, Filipino, of legal age, married to Juana
z:1h1 ch he receiv me n t th
or d property
es from the ��{ th� agre ed price ofPJ,000.00 Lopez and a resident of Paran.aque, in consideratwn of the sum of Ten
! n my presen ce and in the aser in t e Phil Thousand (PhpJ0,000.00) Pesos. paid w me by .\lelania R.odriguez..
� ippine currenc
of 11 ses, for w i Filipino, of legal age, married, and a resident of Paranaque, do
r
e pay � 7i� h ch h:
u
;�: �i1; 1� :�f� ��
c
menf. ;;; ; i i hereby sell and convey to said Melania Rodriguez that parcel of land,
accordance w1 Property against iust cl g_ tmself to w arrant together with all t h e b uildings and improt·ements thereon. situated
't h law; aims of all per
son s in in the municipality of Paraii.aque, Rizal, Philippines, bounded and
Third. And Do p
th"I.S occasion n rosed"l.O Suor described as follows:
ez
ofPossession the titles of the p roperty acc.e 'Pt s and receives on
of the Propert as eVtdence (description of property)
y; of the d e livery
And 1, the Na
ta
of the Mortgag L i ;u-bl .c, in of which land I am the registered ou:ner in accordance u:ith the
e aw e � com plianc
provisions of the Registration Act, my title thereto being eLiden.ced by
:;��:�/;::t: ibe
t
d
nor
n
b
, -' th: ile�is�; 0 p
m the Part es
f r
�J:a�
ie :t PJouisions
s Certificate No. 18 in the land records of said prot·ince.
date o f its
. inscripti d oes "
�t ?'eJudice thi rd
. op e rty ' otherwis 0cument
office of the Gov on it e, it is t IN WITNESS WHEREOF, 1 hat¥! hereunto sign.Ni my name on
ernm;:t I.S admis sible in :::;�� except from ':J:e this 15th day of February, 1959, in Paron.aque. Ri...--al, Philippines.
Thus, the Part ' in the c
' ounc1·1s, or
el ip
F, e Rivera ies de cl ar e and €Xe S.4NTL-tGO LOPEZ
both residenIs' PhY�LC . La. n, cute, th
the right of thts mun and D on Clemencie Wit ness es being Vendor
icip alit o Sari Don With my consent:
with thei,C:�':s t�em by law to�e-:;� a[ter they w�':;•. merchant,
:�t o the readin h_ is i nstr
�hich they r go um t tfor med of JUANA LOPEZ
identities• occatifie_d and subscribe f th:e.instru ment enh Proceeded Wife of vendor
u pat I-On and dt n am�s. T t �/onten.ts
residences o of
of t�e Par i l a thes Signed in the presence of-
t es, he e, the
reby
attes t
PEDRO ARCADIO GREGORIO SANCHEZ
Scanned with CamScanner

LEGAL FORMS
s
GHAVH.r: r
Tllf: :;rfTAY.IAL LA W
ACKNOWLEDGMENT
who exl:!cutcd the instn.imt:nt, and that E..aid �nr,n ac£nowle<lg� or
&public 0/ the Philippines ) . ch i.::.zuu.n,,;n t.
so lemnly H tatcd that h1: volu ntarily mad<:: w
Province of Rizal ) S.S.
MWticipaliJ y of Paroii.aq ue ) It should bE: observf.:d that �ion I 2i' of thf.: Lan.d P�:ra ti-Jn
Law provide8 that deeds c,f cr->n-Jeyan� or er.,;ur:::rrai:o.: rel.a:i·.-e t.o
,, me. in the Municipality of Paranaque, Rizal. i·n ��
Be'ore l a nds regi Htcred un deT the aaid )a?,. as w-::Il a� tr...os.� c.at regLS'-e...�
province, on this 15th day of Febru ary, 1959, personally appea therE:under, 8hould be drawn substanti2lly � U:4: s.a�e Crrro as
Sarlliago Lopez and Juana Rodriguez, known to me and to me k /ed those shown then:i n.
n
t-0 be the same persons wlw executed the foregoing instrum ent wn
ackrwu:kdged that the same is their free act and deed. The and
res i·d.e n 4. OFFICE O F THE 1'0TARY PUBLIC
·,:_,__ o/ the �ties
cern,� · to foe ·
"- instru ment were exhibited to me, ee
of the ve.n.dor being No. ___, issued at tha t a. Brief Hi storical Backg:roand
_______ da ted
. 19__; an.d that ofhis wife being No. The office of notarj• r,uh:.ic l:..a3 a::. a=-c:e::: c,:.;:;:::. I:. e:xllZ
i.ssued at __ dated ___, 19__. in ancient Rome and in aJJ tl-.,; early C'c:.:-...5 ..., ,- c::;-- -=.::=i3 c!
(As required by the Property . Europe. Formerly, notanes ..en; a;;;;c ..:::ec by c:::;;. -_,J �
staument slwuld be added L'fthe Re .
gis· t:ation Decree, the following Pope, or b y the highest eccles;.a.,:ical a:;:=.c:-;:y c : :c� Li=.=. "f=::
contract Lnuolues titled real this reason, the office o: =:..a..-y p ·= i:c bd le:::; bee:: lc:.o-a-::
Th� • tn.st .ru
property.)
•
ment consists of . . both in civil and canon la-:i.-. I: W3.3 a� le::- k::::..,-- ::..;; � '
where. this P es including th is page
. acknowledgemen t . -:--- � of nations. The main fw:cn::J cf r:cta:-.a v.-a., :..:: c.:: .... :..."r ' �
thel1' llll.tn.esses at the at the LS wntten sign. ed bY the parties and
bottom Portion of 2 and left hand m• argi documents which �ere of �: 03e l:.:l :::!!!""'" 1 - :3 !l=.:i c�=
refers to a Deed of n of page I and at the
l..
------ and Absolute Sale executed persons who wanted to ha-.e ti:� L�c::ic::: 3::�i!::::=::i�
. by Notaries were autho:-ized � a:�: d=�:::..J i::. c..-.=:c= :.::>
IN WITNEss W be admissible as e"iden.n- cf t..c� =�::::.., ��""t"C"..:· c= ci �
�d my rtotari.a HEREOF
l seal on the� I haue hereunto set my hand
Y, year andPlace firs t and
above-written.
execution of the same in co�--t.s or -"-e=:::: er:= �. :,-.
his official acts wert' gi,�.:i f'cl! fa.!� 11.::C! �: o:n c�_
own country but al.'-<> in fo:Yi� �,J. (,.-\..-;:.:�� :.. &.��- r.
=�
Atty.
Nota� bl;:-.----
;- Phil. 1 48)
Until Dec.
a':• b. Meaning of �otary
i'TR No.
Page No. 3 Issu.ed in A not.ary is a puhl:ie o.:Ec-e:- w c!_.:y i3 t.:l � Li
on- (,da --
- (place)
Book No. / te) genuineness of any deed o:- writi!:.r i=- c:-c� � :-e-:d-� �""=!l
Doc. No. 44 nvnilable as e,·ide nre of the f:a:ru tb.erei:l ro"" •v-re!.
Bene. of 1959
(Notarial Seal) He is a public- fWh."tiona.ry. u!l::o:i..� rt.--c.."'t: lU.\ ae- .»
and rontraC't.S to whi ·h part.i� wish. t:> gi t- �"' d�.1.."'11..�:- o!
authenticity, at taC'ho:'Ci to th-.> ·t of pu_�hi.: .:t.l.!' are--..t..�
their date, tht>ir presen:11tion. an.! t!:t<' d....h �r) J1!
One whast> dutit":> k"Ut'f'".tl\.,, 11n' to rrotc..-ict t of
exchange, autht>nti<.>ttt� a.ml l°"rtt.f� p.i d-::1:u:=ea:. and taki!
acknow lt•dgments of d�ds auJ 1>lh�r uutrum&'llt..s adr:uni.sl.t!:
oaths, etc. Tht1 a,·t.i of II rn.1l �, u.n1 respn.'1.t'<i b y the cu ~too
of merdumts trnd the I w of n ti.Ol\.:i, �Lr prot t of a hill of

LE GA J., FORMS
JO
exchange ja received a s evidence in the_ courts o� a 1 1 ci v il i ze

d
coun tries. Except in cases of protest of b1l1s, the s1gn a Lu re of a
notary to an instrument going io a foreign_ country sh ou l d
be
au then ticated by the consul or representa t1ve of th a t cou n try_
(Phil. Legal Encyclopedia, by Jose Agaton R. Sibal)
A notary p u blic is 'apublic officer whose function i.9 lo
attest and certify, by his hand and official seal, certain classes
of document, in order to give them credit and authenticity
in foreign jurisdictions,· to talie acknowledgments of deeds
and other conveyances, and certify the same,· and to per/orm
certain official acts, chief/,y in commercial matter.<J, such as the
protesting of notes and bills, and noting of foreign drafts, and
marine protests in cases of loss or damage. " (The Ph il. Notarial
Law & Legal Forms, by Francisco Ventura)
THE RULES ON NOTARIAL PRACTICE OF 2004

EN BANC
A.M. No. 02-8-18-SC
RESOLUTION
Acting on the compliance dated 05 July 2004 and on the proposed
Rules on Notarial Practice of 2004 submitted by the Sub-Committee
for the Study, Drafting and Formulation of the Rules Governing the
Appointment of Notaries Public and the Performance and Exercise
of Their Official Functions, of the Committees on Revision of the
Rules of Court and on Legal Education and Bar Matters the Co urt
Resolve � to APPRO�E the proposed Rules on Notarial Practice of
_
2004, with mod1ficat10ns, thus:
2004 RULES ON NOTARIAL PRACTICE
RULE I
IMPLEMENTATION
SEC. 1 . 1'itle. - 'I'heae Ru 1 es
shall be known as the 2004 Ru/es
on Notarial Practice.
SEC. 2. Purposes. - The
to advance the fol1ow1· ng se R ules shall be applied a nd cons trued
pu rposes:
(a) to promote, serv
e' and protect p ubli
c interest'·
C H APTE R II
LE GA L FO R M S 3.
1. COVE RAGE OF LEGAL FORMS

dy of:
The term "Legal Fo rms" covers the stu
a. Business Forms -= The forms used in conveyancing
or of the forms of deeds, instruments or document�
creating, transferring, modifying or �imiting rights
to real as well as personal properties, and other
forms related to business contracts or transactions.
b. Judicial Forms - The forms which pertain to
different kinds of pleadings, applications, petitions,
affidavits, motions, and the like.
2. WHY SHOULD AN AGREEMENT BE IN WRITING?
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 a 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.
IS FORM REQUIRED FOR VALIDITY

OF A CONTRACT?
RULE: 4.
Contracts shall he obligatory, in whatever for m they
may h ?ve been entered into, PROVIDED that
_ all the essential
reqms i �e s for the ir val idity uro pre sen t. (A, 1 35 6, 1s t pa.r.,
Ne w Ci vil_ Code) -t.
Excep tion:
n
Howe �er, when the law requires that a contract be i
so m e form in order that it may be valid or enforceable , or that

CHAPTER 11 33
LEGAL FORMS
8 contra ct
be proved in a certain way, that requirement is
ABSOLUTE AND INDISPENSAB
LE.
3. WHEN IS FORM IMPO RTAN
T?
. .
Form Is Important when the law requires a document or
_
other special form, such as those mentioned in Article 1358 of
the New Ci vil Code.
Article 1358. The following must appear in a public
document:
(1) Acts and contracts which have for their object the
creation, transmission, modification or extinguish
ment of real rights over immovable property; sales of
real property or of an interest therein are governed by
Articles 1403, No. 2, and 1405;
(2) The cession, repudiation or renunciation ofhereditary
rights or of those of the conjugal partnership of gains;
(3) The power to administer property, or any other power
which has for its object an act appearing or which
should appear in a public document, or should
prejudice a third person;
(4) The cession of actions or rights proceeding from an
act appearing in a public document.
All other contracts where the amount involved exceeds
five hundred pesos must appear in writing, even a private one.
But sales of goods, chattels or things in action are governed by
Articles 1 403, No. 2 and 1 405.
4. OTHER INSTANCES WHEN AN AGREEMENT OR A

CONTRACT SHOULD BE IN A PUBLIC DOCUMENT
a. Donation of an immovable property should be in a public
instrument in order to be valid (Art. 749, New Civil Code);
acceptance of the same may be made in the same deed of
donation or in a separate public document.
b. A pled ge shal l not take effect against third persons if a

description of the thing pledged and the date of the pledge
do not appear in a public instrument. (Art. 2096, New
Civil Code)
Sconnod with ComSconnor

LEGAL FORMS
34
or othe r inst ru ment s hall

c. No deed ' m Ortga ge ' leas e .
bin d the l an d , unles s it
take effect as a conveyan ce or
• regi· s tered • Said inst rum ents sho uld therefore b e in
1s
the form of public doc um ent s 1n order tha t they ca n be
registered in the Regis try of De ed s.
5. EVERY WILL MUST BE ACKNOWLEDGED BEFORE
A NOTARY PUBLIC BY THE TESTATOR AND THE
WITNESSES
However, the notary public shall not be required to retain
a copy of the will, or file another with the office of the Clerk of
Court. (Art. 806, New Civil Code)
6. REMEDY IF THE TRUE INTENTION OF THE PARTIES
IS NOT EXPRESSED IN THE INSTRUMENT
Article 1 359. 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 the reformation of
the instrument to the end that such true intention may be
expressed. (New Civil Code)
7. REMEDY IF MISTAKE, FRAUD, INEQUITABLE
CONDUCT, OR AC CIDENT HAS PREVENTE D THE
MEETING OF THE MINDS OF TH E PART
IES
�ticle 135 9. x x x If mis tak e, frau d, ine qui tab le con d u ct,
or accident has prevented a meeting
of the mi nds of th e parti es,
the proper remedy is not refor
ma tio n of th e in stru men t b u t
annulment of the contract. (N
ew C iv il Code)
Sconncd with CilmSc;;:inncr

CHAPTER 111
DEFIN ITIONS AND DISTINCTIONS
1. CONVE�ANCE - A deed whereby the ownership of a real

property is transferred from one person to another.
2. DEED - 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.
3. DISTINCTION BETWEEN A DEED AND A WILL - In
order that an instrument may be operative as a deed, it should
pass a present interest, although it is not necessary that the
grantee take[s] a present estate in the property conveyed. A
deed once executed and delivered is irrevocable in the absence of
reservation of the right to revoke. In the case of a testamentary
instrument, it operates only upon and by reason of the death of
the maker. During his lifetime, it is ambulatory and revocable.
4. DOCUMENT - It is a writing or instrument by which a fact
may be proven or affirmed. A document may either be a: (a)
Private document; or a (b) Public document.
a. 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.
b. PUBLIC DOCUMENT - an instrument authenticated
by a notary public or a competent public official, with t�e
_
formalities required by law; an mstrument executed m
due form before a notary certified by him; that which is
made by a notary public in the presence of the parties who
_
executed it, with the assistance of two witnesses.
5. DISTINCTION BETWEEN A JURAT AND ��KNO�
LEDGMENT _ A jurat is that part of an affidaVIt m which
35
- Scann�d with CamSr:annP.r

36
. · r.. "� tlrn f . t h e i 1 r n t 1·1 1 m n 1 1 l w 1 1 fl n w o r n t, 0 l

1 he offi cer 'c 1 1 .1 tll. .
. .
t I l I
,ofiu,
' : i .. /\
him . 1 t 1� no 1 I A I•1 . of i.h P flffid
. i J 1 1 n A 1 0 1 1 J , Ji! 1 J ,t
1H, d
.
. r . .
stA1 . ' I l l n ts, C • r t J , H! A l l OJ) R W: r i fi ,
, ' 1 'l
1 �1 ff,1 <la i t.s. s on
1011 a n d Af 1 1 e 11. k� _ N v ;,R IN · ON1 'JlA CTS . The fr>r m q,,r
th e ju ra t iR aR fo llo s:
" "'[ RIBE D AND SVlORN to be/ore m e th i11
:a,· of ----� a.(fia nt exhibiti ng to m e his Com m u;;•ty
T ·, Cerr.ificate No. _______ issued on _____ a,
T:f/JTNESS MY HAND AND NOTARIAL SEAL on the

da , ,ear and place first above-written.
Atty. _________
Notary Public for (place where commissioned)
Commission Serial No. ___
Until Dec. 31,_______
Office Address ______
Roll of Attorney No.
PTR No._/Issued at_ /on
IBP NO. ___/. date/place issued
,,n t i, t h · formn l dccln rHt. i ( n f l l'�l

1
(. -< · utie d I n l n t- f ru n Pnt t hn t i t i t1 h i f'rt nud ,·ol nnti: r: ·
d, ·t ; th , 1 1 1 id p1 1 on uppP11 1·, d 1 > 1 for t ht not n ry I nbl ir nt
t ,, 1 l ·,· , , f , n t h <lu t • t T Pd t lw n i n ; t h t h, , hiti h'i hi-.
1 1 11 n u u H t.u t t i 11·1 t • un f l'l , t lw n H m h r, ,tnt n l I l ,·
( ( 11/ t ) ,, . m1 .
• 1 l uo 1 11 , e,111 1 t muy I H i m ph " hnn i t r,.ft t t,n l

t.o l 11'ri I < t i • i n f 1 u nu 1 1 1 co n 1 it l of o n l v ltw p t ' ' I
,, tJf t J f I Jf t 1 1w U W L H L ('t 1 r n i I 1 1 >f t u .;r l\hH 'P' '
1 1 t u ut t - 1 1 of I u1d u·, i n vol v1\d . l n uch l\ en '-
JJ •n 1 • JJc 11
c lw tH ' '' l« t J' m 1 t I Jwuld t , t f l h a t t h,
du •nnw n t p, •rt '' 11
l
t,{) t h•• J 1 , , •J, t,f l f l•l j

u volvP d , t h 1 t t l l \f d t M.' \ l l l h ' l l l it1 :l if,t 1 l t d i n 1
I t
� Jr.ft I ' I HI J I U ·r 1 1 h h 1 P•· · 01 1 or J H' l'tH >I \ , Pi t <•u t i u f,l t ht'
Jn t ru r 1 H·n ruuJ t hPi1 w i t a lt ' ,
I and a t t l w hot t o n1/n ,i d dl t• J
up p r po rt iou (u, t ht c·1u 1 1nny
•
hP) of pngn _ n nd t h o t i t JR
1
.
1
se ale d wi th tlw no lu ri, d : 1 n l

.
Scanned wrth CarnSano&r
CHAPTER III 37
DEFINITIONS AND DIS'l'INCTIONS
6. INSTRUMENTS THAT MUST

BE ACKNOWLED GED
- Dee ds, conveyances, mortgag
. es, leas es, releases and
disc har g�s affecting lands , whether regi
stered und er Act 496
or unregistered, mus t be acknowledged. If not, they will not be
accepted by the Register of Deeds for registr ion
at .
7. REQ UIRE MEN T IS STATUTORY - The act of acknowledg
ing instr ume nts is statutory and only those instruments that
are required by law to be acknowledged shall be acknowledged.
8. ACKNOWLEDGMENT IS A PERSONAL ACT - An in

strument cannot be acknowledged by a person other than the
one who executed it.
EXAMPLE
FORM NO. 1. SIMPLE ACKNOWLEDGMENT
Republic of the Philippines )
City of ______ ) S.S.
BEFORE ME, a Notary Public in the City of ____,
personally appeared _______ with Community Tax
Certificate No. _____ issued at ____ on _____,
known to me and to me known to be same person who executed
the foregoing instrument, and he acknowledged to me that the
same is his free act and deed.
(As required by the Property Registration Decree, the
following statement should be added if the contract involves
titled real property.)
This instrument consists of __ pages including this
page where this acknowledgement is written, si�ed by the
parties and their witnesses at the left hand margin of page 1
and at the bottom portion of 2 and refers to a Deed of Absolute
Sale executed by _______ and--------·
IN WITNESS WHEREOF, I have hereunto set my hand

fi
and affixed my notarial seal on the day, year and place rst
above-written.
Atty . . .
Notary Public for (p)ace wI1ere cornm1ss1oned)
---
Commission S erial No.
__
Until D ec. 31,____
----
Office Address --
-- Scanned wilh CamScarmer

S
LEGAL FO RM
38
No.
Roll of Attorney
ed at_ /on -
PTR No ._/Is su ace _
ISsued)
_ _ _ / dat e/pl
IB P NO.
Doc. No. _
Pa ge No._
Book No ._
Seri es of (year)
INS TRUMfilrr
FO RM NO, 2. AC KNOWLE DG ME NT OF AN
OR E PAG ES
CONSISTING OF 1WQ OR M
City of_____ ) S. S .
BEFORE ME, a Notary Public in the City of ___,
personally appeared _______ with his Comm unity
Tax Certificate No. ____ issued at __ _ on
_____, known to me and to me known to be the _
same
persons who executed the foregoing instrument, and he
acknowledged to me that the same is his free act and deed.
This instrument, consisting of _____ ( ) pages,
including the page on which this acknowledgment is written,
has been signed on the left margin on each and every page
thereof by ---=--- and his witnesses, and sealed with
my notarial seal .
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my notarial seal on the day, year and place first
above-written.
Atty .________
Notary Public for (place where comm issioned)
Com mission Serial No. ---
Until Dec. 31,
Office Address
Roll of Attorney_N_o_.----
PTR No ._/Issued at /on
IBP NO . ___,/da te/place issued)
Doc. No.
Page No�
Book No.-
Series of (year)

CHAPrER III 39
DEFINITIONS AND DISTINCTIONS
FORM NO. 3. ACKNOWLEDGMENT OF INSTRUMENT

WHEN 'IWO OR MORE PAR CELS OF LAND ARE INVOLVED
REPUBLIC OF TH E PHILIPPINES )
) S.S.
In the Municipality/City of ____, Province of
_____, on the __ day of _______, personally
appeared _____, with his Community Tax Certificate
No . ______ issued on ____ at ______,
known to me and to me known to be the same persons who
executed the foregoing instrument of ____ over three
(3) parcels of land, which instrument consists of __ pages
including the page on which this acknowledgment is written,
. signed by the parties at the left hand margin of each and
every page by the party executing this instrument and their
witnesses, and sealed with my notarial seal and said party
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my notarial seal this______ at
Atty._________
Notary Public for (place where commissione d)
Commission Serial No. ___
Until Dec. 31,______
PTR No._/lssued at_ /on _
IBP NO. ___/date/place issued
Doc. No._
Page No._
Book No._
Series of (year)
Scanned with ComScimncr

LEGAL FORM S
40
A C I{N OWL EDGMENT B Y CORPORA�

FORM NO. 4. )
UBLI C OF TH E PHILIPPINES
REP ) S.S.
y P ub li c in an d for
BEFORE M E , a Notar
M an ila , Ph il ip pi ne s, pers?na lly ap pe ar e d�
Metro _ Tax Certificate No . ----- iss u
with his Co mm un ity ed
an d W i th
on ----- at . .
cate No . ______ issu
his Communi ty Tax Certifi
ed 00
know n to me an d to me
_____ at _____, both
wh o exe cut ed the foregoin
known to be the sam e persons
to me tha t the sa me i;
instruments, and they acknowledged
of the corporation s/
their free and voluntary act and the dee d
entities they respectively repres ent .
This instrument, consisting of _____ pages
including the page where this ackn owled gmen t is written, ha;
been signed by the parties and their respective instrumental
witnesses on each and every page h ereof.
IN WITNESS WHEREOF, etc.
Atty._________
Notary Public for (place where commissioned)
Commission Serial No. ---
Until Dec. 3 1 ,_______
Office Address ------
PTR No._/Issued at Ion
IBP NO. ___/date/place issued)
Doc. No ._
Page No.
Book No.-
Series of (year)
I FORM NO 5 ACKNOWL
BY rxESIDENTANQSEC�¾�¥T FOR CORPO�
Note: If the ins tru m en t 18 e
corporati on an d th · signed
· by the Presid en t of t11
, e or
the bet ter prac tice �18 pora te sea l i s a ffi xed by the seaeta rt,.Y,s
for both officers to acknowledge j
execu tion.
Scanned with Camscanner

C HAPTER ID 41
DE FINITIONS AN D
DISTINCTIONS
REPUBLI C O F THE PHILIPPINES )

CITY O F _______ ) S.S.
In the City of _____, this __ day of ___
personally appe ared before me ____ acting for and in
behalf of the _______, of which he is the President,
with his Comm unity Tax Certificate No. ____ issued on
___ at ____ , known to me and to me known to be
the same persons who executed the foregoing instrument and
Atty.________
Notary Public for (place where commissio ned)
Commission Serial No. ---
Until Dec. 31,______
PTR No._/Issued at_ /on _
IBP NO. ___/date/place issued)
Doc. No._
Page No._
Book No._
Series of (year)
WHAT IS THE MEANING OF "SS" OR SCILICET?

"SS" literally means "more particularly".
Hence, the words -

City of Paraiiaque ) S.S.
. 0f the Philipp ines, more particula rly in

Means: Repu blic
the City of Paranaque.
ET?
WHAT IS THE MEANING OF VIDELIC
,, used to particularize that which is
It me ans "to wi. t , the words
emen t.
merely general in the preceding stat

C H A PTE R V
A U T H E N T ICAT IO N
1. ACKNOWLEDGMENTS TAKEN
COUNTRY OUTSIDE THE
Acknowledgments taken outsid

e of the State shall be
ineffec tua l unl ess authenticated by
an additional certificate
ma de by an officer of a court of record
or other proper officer
to the effect that the person before whom the inst
rument is
ack now ledg ed, is at the date thereof, such offic
er as he purports
to be, poss essi ng lawful authority to take acknowledgments
and that the instrument is executed and acknowledged
conform ably to law.
An instrument or document acknowledged and authenti
cated in a foreign country shall be considered authentic if the
acknowledgment and authentication are made in accordance
with the following requirements:
a. The acknowledgment shall be made before (1) an
ambassador, minister, secretary of legation, charge d '
affaires, consul, vice-consul, or consular agent of the
United States, acting within the country or place to which
he is accredit ed, or (2) a notary public or officer duly
author ized by law of the country to take acknowledgment
of instru ments or documents in the place where the act is
done.
b. The pers on taki ng the acknow�edgment shall certify th�t
the per son ack now led ging the instrument or docu ment �s
k now n to h l· m ' and that the same person who executed 1t
. h'1s free ac t an d deed .
1s
an d ack now1 e dged that the sam e·
· l s e.a l, 1· f he 1s
r lus o_fficia · by
The cer tifi ca te sh all be unde _
not, h 1s certi6cates
law req uir• ed tO keep a seal ' and 1 f •
the ackn owle dgm ent IS ma de be1ore "
sh all so sta t e. I n C ase •
· subdivisio
er ment10ne d 1n · · n (2)
a notary publ.IC or an offic
69

iO
g JJ R t· •t , ,r o J Jh, th e ccr U flc u te of lhu n,1 t.,, d r y

of t h > prece d l· J- l
< t,,
lffi c cr t a k i 11g the n c k n o•wJedgmen t Hhs, dJ lr,,�

p u bl tc
. or tl
. c c •
1 n H:1te r, fJ e cre t, 8 ry <J f
1
t e,J b v n n fltn b n ssn do r , m •
.
aut l1C' n 1 .t ell u .J
n A u l , o r C(H J B u l � t
d ' offa ire s, c ans � ! , v JC � -c �
l egRt ion . c/J o1ge
gen t of the Un i t e � Sta tes , _act m � w 1 t h rn the cou _n t ry 0 1
a
ac er.ed ite d. fh e . offic e r_ m a k i n g t h ,�
p lace to wh ich he is
un de r hi s of ficia l se aJ t h a t
au th en tic at ion sh all ce rt ify
ow led g � en t wa s at th e ti rn�
the person wh o took the ac kn
bh c or th.at he was tlu 1y
duly authorize d to a�t as notary pu
ue
exe rcis ing the function s of the offi ce by VIrt of whi c h
h e assu med to act, and that as such he had authori ty
unde r the law to take ackn owle dgm ent of instru m ents
or docum ents in the place wher e the acknowl ed gm ent
was �aken, and that his signatu re and seal, if any, are
genume .
EXA!\1:PLES
FORM NO,. 25. AUTHENTICATION OF A DOCUMENT BY

RETARY OF FOREIGN AFFAIRS
1 publ fr of th Phil ippin es
ity of --------- ) S.S .
J ' ------- • <lo horoby cc., 1-t.ify t lu\t
· 1 o t� n J. m(• flJ> Jwn n;
p
' ui un t�d lo tho ntt nch od c 1·t'fi 1 n t'10n. \\ fl,
t t £ · t t mP of sigwnin g, t i 1 0 n, ucl . .
c 't·hf tcnt. ion, rluly nppoi n trd
o r d q u u ) i fic, d nn ci u H J f l A fH l C l l .
L t h � J a w uf t h P Ph<>i l 11> , d uly nut hort d
' J>•n . t R to B 1gn
foi t ) tJ J 1 d ti --d i t n n,' u g 1 l t t O I _. , t ht sn1n o"' nnd t hn t ful.Jl
>< f't Vf
J J'• H'J'H E H C EH T J FY t hn J ,, 1 1 t 0 l H· A o ft 1c1n · l net s; n nu
t nru W ( l l cwq uni n t od wit h hi�
ho nd v ri t J n , u n d vo ri l l
Y ' J iov ' o 1 ho HiH nnt uro a nd 8t"n l nffi xf•d
(J> t h• • rn id c• ·r
t if i£' ui i on I t )(� gt l l \ l l, l l O
.
J N W J 'J'N J1'�'-J
�r,r, W. I I J•; U J •,( ) I•',
c l ,.
8pc•
• , I'( t' l" 'l I 'Y ·
o (' ] :,• orc1gn Affair s

CHAPrER V 71
AUTHENTICATION
EQRM NO . 2 6. AUTHENTICATION OF A DOCUME NT BY

THE CLERK OF COURT IN THE U.S.
State, ______
City _______ S.S.
I, -------- Clerk of Court of ______,
the �ame being a Court of Record and having a seal, do hereby
certify that _________ before whom the forgoing
acknowledgment was taken, was at the time of takin g the
same, a NOTARY PUBLIC duly commissioned and sworn
for -=---------- of ________ and duly
authorized by the laws of said State to take and certify
acknowledgments or proofs of deeds of land, etc., in said State
in the manner aforesaid; that I am well acquainted with
the handwriting of said ______ and verily believe
that the signature to said certificate of acknowledgment is
genuine. And further, that said acknowledgment was taken in
accordance with the laws of ____ ; that I have compared
the impression of the seal affixed thereto with a specimen
impression thereof deposited in my office and that I believe the
impression of the seal upon the original certificate is genuine.
(Seal of Court)
Clerk, Court of ____
FORM NO. 27. AUTHENTICATION OF ' A DOCUMENT BY

THE PHILIPPINE CONSUL IN THE U.S.
CONSULATE GE NERAL OF THE PHILIPPINES )

CITY OF ____ ) S.S.
)
ACKNOWLEDGMENT
' Consul General
BEFORE ME , --------:----:--
n a d for the cons�lar
of the Republic of the Philippines, i _ �
comm 1ss1oned and quali fied
· t of _____, duly
di s tnc
personally appeared,
on this ____ day of _____
who executed the annexed
known to me to be the sam e person
of the contents of said
instru ment an d being informed by me
scanned wi th Camscanner
----
72
m e th a t sh e e xecu t e d th e
or e
l d g ed b ef
u m n t ackn ow _ _:11 a n d d ee d .
e
1. nst r e
, own free WI" um e n t aj
f h e r th e t w o m str
sa m e o y o g e th e r
wi th
a 1' d p art t .
i n st r u m e n t an d on th e left
The s e foo t o
f th e
. s ins
. nesses, s1. g n d at th r f' t h i · t rument ,,i tb
e
a g h e o
e oth er p
e
Wit e s
e d o f __ LJ
m a rg i n of th p
pages.
a n d m
h ent b ei n g c o os
kn ow le dg m
this ac e x ed d oc u
m e n ts th is Cons ul ate
of th e a n n
For th e contents p on si bili ty .
no res
General assu m es
WH ER E O F, I h ave h e reu n t o set my hand
IN WITNE SS her eo n t he s e al of t
h e Consulate
nts an d affi xe d
on these prese at the City o f --------
Gen era l of the Ph i lipp ine s
this __ day of
Consul General
Annexed document is - --- ex e cu ted by

' resident r -- -
=--o-;:-- , to an d m·
� -- ---
favor of ---• resident of
Doc No. :
-- -
Fee :
0.R. No. : -
Service No-
.-
.· -
AUTH E NTICATIO N
ELECTRO NIC D OCU��NE LECT RO N I C DATA ME SSAG ES AND
T
:.A
Secti. ons 6- 1 1 Ch ap
Commerce Act) a d, ter 1 1 of o. 8792 (Electronic
N
M. N o . 01 - 7- 0 1 -� �;c�ons 1 -3, ule �d Secti. ons 1-3 ' Rul e 5 of
R
!� C
cessary niles relat· e. Rules o n Electroruc EVI'dence) provides th e
1ve to eIectr
. onic docum ents.
.

C H A PT E R VI
OAT H AN D A F
F IR M ATI O N
1. DEFINITI ON OF OATH
Any form of attes tation
bY which a person s� gnifies that
he is bound in conscience to perfo
truthfully. rm an act faithfully and
Is oa th different from
an affi da vi t?
An affidavit consists of a statemen
t of fact which is sworn
as to the truth, while an oath is a pledge. (39 Am . Jur. 494)
2. OFFIC IALS AUTH OR IZE D TO ADMINISTER OATH

The following officers have general authority to administer
oaths, to wit:
Notaries public; judges; clerks of courts; the Secretary
of either House of the Congress of the Philippines, bureau of
directors; register of deeds; provincial governors and lieutenant
governors; city mayors; municipal mayors; any other officer
in the Philippine service whose appointment is vested in the
President of the Philippines . A person who by authority of law
shall act in the capacity of the officers mentioned above shall
possess the same power.
3. METHOD OF ADMINISTERING AN OATH VARIES

a. On the Bible
''You do swe ar that the evidence which you shall
·
· n the ma tter now being heard shall be the truth, the
th. So help [me] God."
:��l� truth an d nothing but the tru
nt of the Republic of
b. Oath of Offic e of the Preside
the Ph ilip pin es
that I will f�ithfully and
"I do solemnly swear
. .
s 1Y fu Ifill my duties as President of the
consc1en tiou
73

S
LEGAL FORM
74
Con stitution , execu te

. . .
les , p res erv e and defen d its
Plu hp pll . . man and cons ec
ery
ra te mysel f to
J·us t1c e to ev
1a'"'"S ' do . n a ti. . on . So he'1p m e G od . ,,
the se rvic e of the
d ges
c. Oath of O ffice of Ju
OFFICE OF JUD GES

FORM NO. 28. OATH OF
PINES
RE PUBLIC OF THE PHILIP
Oath of Office
I ' ______ of ______ =--
City J udge of
hereby solemnly swea r that I will adm inister
justice prompt!;; that I will well and faithfully dis��arge to
the best of my ability the duties of my presen t pos1t1 0n and
of all others I may hereafter hold under the Republi c of the
Philippines; that I will support and defend the Constitution of
the Philippines; that I will obey the laws, !egal orders, decrees
promulgated by the duly constituted authorities of the Republic
of the Philippines; and I hereby declare that I recognize and
accept the supreme authority of the Republic of the Philippines,
and will maintain true faith and allegiance thereto; and that I
impose this obligation upon myself voluntarily, without mental
reservation or purpose of evasion.
SO HELP ME GOD.
SUBSCRIBED AND SW �R N to before me

---- at Manil
_ a, this _ day of
Republic of the Philippin es.
d. Oath of Office of M u ni ci pa
l Offic ia ls
FOR.M Ifil.� OATH OF OFFIC

E OFMUNICIPAL O FFICIALS
R EP U BLI C OF TH E PH
IL IP PINES
OATH O F O li'F IC E
l,
hr.e n nppointud of ______ having
swear that 1 huvo all do her
th . qu �. s i. t. e qu ali. fica _ eby solemnly
for tho mun icipality · tions to ho ld office
a � wi ll we ll and faithfu dis ar
' the:
lly ch ge
Sc.Jnned with CamS0;1nner

C HAPTER VI 76
OATH AND AFFIRM
ATION
to the bes t of my ability the d uties . of my present position and

of all others I may herea fter hold und · · of th e
er the Repu bl 1c
Phi lippines · that I will support and defend
. .' . the Constitution
of the Ph11 1pp 1ne s· that I w1· 11 bear true
faith and allegiance
·11
to the same·' I wi Obey the laws, legal orders, and decrees
promu lgate d by the duly constituted au th ont1es . . of th e Republ'1c
0f �he Phil1. PP 1
· s ; and that
;� I imp ose this oblig ation upon myself
vo un tan. 1 Y, wi out men tal reservation or purpose of evasion
.
SO HELP ME GOD.
SUBSCRIBED AND SWORN to before me this _ day of

_____ at Manila, Republic of the Philippines.
e. Attorney's Oath
FORM NO. 30. ATTORNEY'S OATH
I, __________ do solemnly swear that I will

maintain allegiance to the Republ�c of the Philippines; I will
support its Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false
or unlawful suit, nor give aid nor consent to the same ; I will
delay no man for money or malice, and will conduct myself as
a lawyer according to the best of my knowledge and discretion
with all good fidelity as well to the courts as to my clients ; and
I impose upo n mys elf this voluntary obligation without any
mental reservation or purpose of evasion.
SO HELP ME GOD.
Scanned wilh C&mScftnne:,

PA RT I I
C HA PT E R I
IN C IP L E S O F P L E AD I N G
B AS IC P R
IT IO N O F P L EAD I N G S
C O N C E P T A N D D E FI N
are th e wr itt en st at em en ts of t� e re_sp ec tive clai ms
Pleadin gs
de fen se s su bm itt ed to th e co urt for appr op na te Ju dg m ent . (Sec.
and
1, Rule 6, Revised Rules of Cour
t)
ts con stituti n g the
The pleadi ngs contain a sta tem ent of fac
a ple adi ng advises
cause of action or defense of the parties . In effe ct,
on or as a
a party what his adversary relies on as a cau se o f acti
s
defense so that each party will be prep ared to mee t the issue
presented. The court, on the other hand , is able to know the issues
being raised and the points or matter s which will be submitted at
the trial.
In a broad sense, the term ''pleadings" e mbraces all proceedings
from the time of the filing of the complaint until the issue is join ed,
or even until the termination of the proceedings (Peop le v. Aqu ino,
G.R. No. L-23�08, October 29, 1966), but the Rules of Court (Sec.
2, Rule 6, Revised Rules of Court) specifies the pleadings which a
pa y ma� file thus: a complaint, answer , counte r-clai m cros s- claim,
�
r� p _Y, third-p�rty complaint, fourth-p arty complain; and other
s imilar complaints.
IMPORTANCE OF A P LEADI NG
A pleading is a gauge not only of
the worthine ss, cap�bilitY·
and personality of a lawy r but
• � also of the worthiness of th e IS s· ues,
o r the defenses be1n g rai sed 8.
b .
lot of grammatica1 errors 1. Y hi m . If a plead ing i s file d with
t will d e . . • e 0r 8.
learne d adversary who is . fini tely 1rntate a Judg
' . ng It and more than this, the 1awye (5
r eadi
capability is alread
Y known even befor e the trial. If a p lea ding J..5
234
Sconncd with ComSC<.1nncr
C HA
BAS I C P RJN CI P PT E R I
L ES O F PL
EADI NG 235
. t i t m a n ife sts ou tri gh t th e k in d O

Y f erso n a l ty
dir d 'i t . The s a m e is tru e if t h e fo of th e l awyer who
fl lekw r m atP of th i .
ard, or if th e p l ead in g is not suffi . e pl ea d mg
. 1s po or and
aw . for m
cie nt 10 and substance.
OF PLEADIN GS
pU RPOS E
Th e p urp os e of pl ea di n gs is to de fi
ne th e iss
round at1. on o f th e pro o f to b e s ub mit . ues an d for m the
.
1 . ted at the tna 1 . They narrow the
to a spe c1• fi c issu
1
c a se d own e or issu es wh ich wi be sub m1tt.
trial and jud
•u ed to the
court for gment.
LAW G OVER NING PLEAD IN GS

The form al and su?�ta nti al re uis ites of a p
q leading are
governed by the law pre va1h ng at the time of its filin g. (Dim aisip v.
Court of Appeals, et al., L- 1 300, Sept ember 25, 1959)
SYSTEM OF PLEAD INGS IN THE PHILIPP INES

The system of pleadings followed in this jurisdiction is called
and referred to as Code Pleading, the system used in the States of
the Union that had adopted codes of p rocedure. (Marquez v. Varela,
G.R. No. L-4845, December 24, 1 982)
PLEAD INGS MUST BE SUFFICIE NT IN

FORM AND IN SUBSTANCE
When are ple adings deemed sufficie nt?
tially
Pleadings are dee med sufficient whe n they substan
.
comply with the req uir em ent s of the law as to form and substance
.
When are p l ea d ings "ec tiv e in form an d when are
de,,
Plead ings defec tive in subs tanc e?
enough facts are stated,
A defect in form occurs when, though.
u d by law A formal or
they a
re not state d in the man n er r_eq i��
vali ate a p l�ading . which
r , however, will n ot 1n ction. Hence, defic1en
technica1 de1ect .
c1es
o f
?therwise sufficiently state s a cau se . � fection s of form and
d p er
lil the observance of the rules an / ' te the pleading when
tia
technicalities of proc edure shou ld no vi a ot be sacrificed on
se c nn
the
issu es are clear ly stated becau s e a
�ere techn ;� 42 o.G . 1 1 69) All that
ical poin ts. (Co TI_a mco notice of
18 exp th a tv�h e;:hould give fair
ected of the ple ading s i s . fense.
the ti s c 1 aim and defendant's de
rn aterial ele me nts of plain ff

LEGAL FORMS
236
. Ru les of Court in the Phi lippines, cit in,

(Page JO, Rev i se�
Kee ton Tri al Tac tics an d Met hods, p. 3 42g Mo,-e,
Volume 1, P· 4�3, ption b as been held to be merely a for m fl 954])
ca a 1 dete
Hence , a defect1ive t Absence of verificatrn · n i• s lik e w is e <:t,
nd n o a ta defec £
a t fa _ ur1· s· dictional defect . (Mi ller, et al. v• D;a �recOtlll al
de£ect' and not a J . t
SCRA 293; Villa nca v. Court of App eals, G ..tn1. of
0,.
L and s , et a l ., 12 No
96085, March 16, J 992
)
s w�en a pleade� fails to
A defect in substance oc�ur state
cons titu te a ma faci e cau se of acti o n, or
enough facts to pn
. . a
. seeks J· u Pruna
f 1t
Hence , a compl aint 1 s not s uffi c1ent
. i
• de£ense •
11.acie . . . dgn-.«lent
tical ques� 1ons , witho ut any alleg atio n of
on mere hypothe a factual
ture or without presenting to the court an actual controversy
�sput�. A mere allegation !he�efor� by A that �'s title has a defe�:
which should not defeat his title, is not sufficient to constitute a
cause of action.
The test of sufficiency of a complaint is whether a competent
court could render valid judgment upon the facts alleged therein if
said facts were admitted or proved. If it could, then the allegations
are sufficient.
HOW ARE PLEADINGS C ONSTRUED?

As a general rule, pleadings are liberally construed (Chua v.
Court of Appeals, G.R. No. 88383, Feb ruary 1 9, 1 992; Philippine
Veterans Bank v. Court of Appeals, 1 73 SCRA 544), (1) so as to do
substantial justice, (2) so that the case shall not be sacrificed on
mere technical points (Co Tiamco v. Diaz, 42 O.G. 1 1 69), (3) so that
the issues may be properly laid before the court (Santiago v. De Los
Santos, 61 SCRA 1 46), (4) so that the rights of the parties
may n�t
be nulli_ fied (Bato Ali v. Court of Firs
t Instance of Lanao, 80 Phil.
506), (5) so that legal technicalitie
s may be avoided (Bank of the
Philippine Islands v. Laguna
Coconu t Oil Co. , 44 Phi l. 61 8; Ch.u:
Court of Appeals, G.R. No.
�eter 88383, Feb rua ry 1 9, 1992; Philipp i:t
ppeals, 1 73 SCRA 544), and (6) so th o
ans Ba k - Court of A
� �
� e end s of Justice or the law may Court f
ppeals, G.R. No. 960 be ser ved (Vi llaric a u.
85, March 1 6, 1 992)
The
• rule on lib erality,
how ever ppli. cabl e in the
£ llowmg cases:
0 is not a
1 · Wh en the pl
e a di ng · un c e rt ·
all 1 or
indefinite for the cou is obviously vague an� �g
about, the court w ·n
rt to und erst s c 1
d what the pleader i ornPrnissioll
i not allow � itself to be led to "the corn
Sc.inned with ComSCilnnor

C HAPTER
BASIC PRINCIPLES OFI
PLEAD ING 237
r or inj usti ce by explorin g in the mid t f

� �jro th e in te n tio n of the pa rt e rta ty an d
� ; ng ies or th eir c� u ;se��G m
· 1 ' o Occo an d
OJ u. De La, Cos ta, 63 Ph il. 445)
Co,
2 . When th er e are sta tem en ts
. or ma tters i·n a p Iea d'mg w h 1c
' h
ar redunda nt, i m � ate n. a 1 , i. mpertin ent or
e sca nda lous, they can be I
stricke n ou t by mot w� or upo n the court's own
initiative at any tim e . 'I
(Sec. 1 2, R
ule 9, R�vised R� les of �ourt) Th e sam e is true
I
I
in the
e of sh am plea dings (Ibid .), or plea ding s wh ere allegations
ca s m
are in temperate or dero gatory . I n the words of Chief Justice Cesar J
13engzon, the use of inte mperate language detracts from the force of
argument. (Lagunbay v. Comm ission on Elections, L-2544, Janua ry
31, 1966)
3 . When a pleadi ng is resorted to by a party for the purpose
of delaying the proce edings of a case. (National Waterworks and
Sewerage Authority v. NWSA Consolidated Union, 28 SCRA 1 71)
4. When on the basis of inadequate allegations, it appears
that the pleader is suppressing facts material to the disposition of
the case. (Orbit Trans. Co. v. Workmen's Compensation Commission,
et al., 58 SCRA 78)
5. When a pleading contains allegations which are
ambiguous and evasive and they are apparently used to confuse the
plaintiff. (Sy-Quia, et al. v. Marsana, et al., 22 SCRA 926)
6. When scanda lous or indecent matters are inserted in
the pleadings, the same may be stricken out either at the court's
initiative or upon motion of the opposing counsel. (Sec. 12, Rule 9,
Revised Rules of Court)
JU RIS DICTIONAL ALLEGATIONS

The caus e or causes of action, or the admissions or den ials
be contained_ in
and the defenses bein g raise d by the parti_es m�st
Par a grap hs "so num bere d as to be readily identified, each of which
8 cont
�all ain a sing le set of circumstances so far as that can be do�e
With conven1enc· e . A paragr aph may
be referred. to by a number 1n
all subseque d Ru Ies of Court)
nt plea din gs." (Sec. 2/a}, Rule 7, Revise
When two or more ca uses of action are joined, the sta t. em,,ent
of e "first cause of action, of
theth first shall be prefaced by the words on for the others. (Sec.
s eco ction •" and so
2[b1• nd by "secon d cau se of a
Rule 7, Revised Rules of Cou rt)
Scanned with CamSc.anner

RMS
LEGAL FO
238
answe r are a dd.res
or e p a r a graphs in the . sed to
Wh en on e or the com pla m t, the
,, y sha l l b e r f
ID f a c t·
1 0 n in . " P e
one of severaI
causes o
fi rst ca use o f act10n or a nswer t aced
to the o th e
y the w ords "answ. er,, on· and whe n one or mor e
b ction an d so ' . Pa r ao-, .
1:)-1. ap h
secon d cause of a ddresse d to sever al ca us es of ac tion, they s hall s
ea
of the answer ar tha t effe ct. (pa r. [b], s eco n d se nte nce of Sec. be
d s t o
prefaced by wor urt)
2,
of Co
Rule 7, Revised Rules
PRAYER
g which stat es the reli ef o r reliefs
This is part of the pleadin
is not a part of the ca use of acti on
prayed £or bY the part · ies · It
tiff
A single right of action may entit!e plain _ to several ki nds
of relief, but it is possible
that �everal nght s of act10 n may entitle a
party concerned to only one reh ef.
A prayer for relief is not indispensably or necessarily conclus ive
of the sufficiency of the complaint or of the right to relief.
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 u. Yeung,
CA-CR No. 6268, July 10, 1951)
SIGNATURE AND ADDRESS

Pleadings must be si gned by the p arty or his attorney.
Subscribing to a pleading by one who is neith er a party nor an
attorney is irregular and ma y be rej ect ed.
1:- party who is not represented by an atto rney shall sign bis
pleading and state his addr
ess. (Sec. 3' Rule 7' Revised Rules of ·
Court) However, a mark mad
. e by a party una ble to write his name 15
uffi (Notes and Comments, Ma
;dit::�t . rtin, p. 309, Volu me L Second
The address of the . ted · }lis

pleading because 1 awyer should be properly indic a 10
are served to h .
cou rt notices an d P1eadi ngs of the opposmg counse1
.
im , an d not to his
client.
The signatur
e of the l yer te by }liJll
�hat he has rea �w cons titute s a certifi ca dge
d th
·
mform · ation and . e pleading; that to the best of his kn owle t jt
be1
is not mterpose d lef there i s good groun d to support it; tbB
• and i,sed
for delay.
Rules of Court) (Second sente nce, Sec. 3, Ru le 7, fleV

C HAPTER I
BASIC PRINCIPLES OF 239
PLEADING
"� R l flCAT
I ON
. .
Veri fi c� tw n 18
no t par t of the pleadi
ng a nd does not vest
. sdicti o n m t h e courts.
jur1
I t is a statem ent und er oat h that the pleading 1s
· true. It secures
th . the ave rme nts mad e by a
m
good fa i part y in the pleading.
WHO MAY VERIFY A PLEADIN G?

Verification m ay be made by the party, his representative,
perso � who personally knows the truth of the facts
Jawyer or any
allege d i n the ple� dings . Where the verification is made by the
attorney who also signed the pleadings, the courts are inclined to be
liberal and accept substanti al complia nce with the verification rule.
(Regalado, R_emedial Law Compendium, Vol. L citing Arambu lo v.
Perez, 78 Phil. 387; Matel v. Rosal, L- 7095, April 25, 1955; Cajete v.
Fernandez, etc., et al., 109 Phil. 743)
VERIFICATION BASED ON "KNOWLEDGE AND BELIEF"

A pleading required to be verified which contains a verification
based on "information and belief," or upon "knowledge, information
and belief," or lacks a proper verification, shall be treated as
an unsigned pleading. (par. 3, Sec. 4, Rule 7, 1997 Rules of Civil
Procedure)
SHO ULD ALL PLEADINGS BE VERIFIED?

Except when otherwise specifically required by law or rule,
pleadings need not be under oath, verified or accompanied by
affidavit. (Sec. 4, Rule 7, 1997 Rules of Civil Procedure)
- PLEADINGS SUPPORTING
NE ED NOT BE
THAT SHOULD BE VERIFIED IN THE AFFIDAVIT/S
VERIFIED MANNER AND OF MERITS ARE
FO RM PR ES CR IBE D REQUIRED IN THE
BY SE CT IO N 4, FOLLOWING CASES
RU LE 7, BUT MUST
:--.... BE UNDER OATH
1. Rule 3 1. Rule 30
8 1. Ru le 8
Sec. 3 - Motion
Sec. 3 - Petition Sec. 8 - Denial of
for Relief from the Genuineness to Postpone
Judgment an d Du e Execution for Absence of
of an Actionable Evidence
Document

MS
LEGAL FOR
240
2. Rule 30
2. R ul e 8
2. Rul e 42 Sec. 4 - Mori
Sec. 1 1 _ Denial of o
Sec. 1 _ Pe ti tion Postpone fo n lQ
fr om th e Allegations of r Ill.
for R evi ew ne ssof a P y
Usury
the RT C to th e Cou n sel art or
ls
Court of App ea
3. Rule 43
3. Rule 9
3. Rule 35 ------
Sec. J(b) - Motion Secs. 1, 2, 3 an d
Sec. 5 - Petition - Motion for Su 5
to Set As ide Or de r
for Review from m ary Jud gment
n,.
of Defa ult
the Court of Tax Oppositio n Ther;;0
Appeals and
Quasi-Judicial
Agencies to the
Court of Appeals
�
4. Rule 45 4. Ru le 25 4. Ru le 37
Sec. 4 - Appeal Sec. 2 - Answer to Sec. 2 - Motion for
by Certiorari Written Interroga- New Tr iaJ on the
from the Court tories Ground of Fraud
of Appeals to the Accident, Mistakes
Supreme Court or Excusable Neg-
ligence or Opposi-
tion Thereto
5. Rule 47 5. Rule 26 5. Rule 38
Sec. 4 - Petition Sec. 2 - Answer to Sec. 3 - Petition for
for Annulment Request for Admis- Relief from Judg•
of Judgments s1on ment
or Final Orders
and Resolutions
6. Rule 58
6. Rule 39
Sec. 4 - Com-
plaint for Sec. 16 - Third
Injunction Party Claim
7. Rule 59 -
7. Rule 39
Sec. 1 - Applica-
tion for Ap- Sec. 30 - Proof
pointment of a Required of a Re·
---
Receiver de mptioner
8. Rule 61
�ec. 1 - Applica- 8. Rule 57
tion for Supp ort Sec. 3 - Motion
Pendente Lite for PrefuninarY
Attachment
Sc.:inned with ComSc.:innor

CHAPTER I
BASIC PR IN CI PLES OF PL 24 1
EADING
R,ule 64 9. Rule 58
g,
Sec. 2 - Peti � Sec. 6 - Motion for
t.ioll for Certio- Dissolution of Pre-
the
rori Against liminary Injunction
Ju dgm ents or
Final Orders
and Resolution
�le 65 10. Rule 60
Sec. J - Petition Sec. 2 - Applica-
for Certiorari tion for a Writ of
Sec. 2 - Petition Replevin
for Prohibition
Sec. 3 - Petition
for Mandamus
-
11 . Rule 66 11. Rule 86
Sec. I - Quo Sec. 9 - Claim
Warranto Against the Estate
of a Decedent
12. Rule 67 12. Rule 121
Sec. 1 - Com- Sec. 4 - Motion for
plaint for Expro- New Trial on the
priation Ground of Newly
Discovered Evi-
dence in Criminal
Cases
13. Rule 70
Sec. 4 - Com-
plaint for
Forcible Entry
or Un lawful
Detainer
�
1 4. Rule 7 1
Sec. 4 - Poti-
lion for In direct
Con lc mpt
t---...
1 6, Rulo 93
Sec. 2 - Petition
for Appointment
of a General
Guardi an
SCar.ned wi th CamScanner
LEGAL FORMS
242
1 6. Ru le 95
Sec. 1 _ Petition
for Leave to Sell
or Encumber
Property of an
Estate by a
Guardian
17. Rule 97
Sec. J - Petition
for Declaration
of Competency
of a ward
18. Rule 102
Sec. 3 - Peti-
--
tion for Habeas
Corpu.s
19. Rule 103
Sec. 2 - Petition
for Change of
Name
20. Rule 104
Sec. 1 - Petition
for Voluntary
Judicial Dissolu-
tion of a Corpo-
ration
21 .Rule 108
Sec. 1 - Peti tion
for Ca ncellation
or Correction of
Entries in the
---
Civi l Registry
22. Pleridi ngR
Fil ed
in the Inferior
Cou rt,:; in Ca aeA
'
Covered by the
Rulo on Su m .
mary Proc:e d uro
are All Req uired
to be Vori fled
(Sec. 2{bj on
Civil Cases)
Scanned with CamSCanner

..
CHAPTER I
BASI C PRINCIPLES OF 243
PLEAD ING
TITL ES
cApr10N AND
In the Supreme Co urt
1,
REPUBLIC O F THE PHILIPPINE
S
SUPR EME C OURT
fl.faria Cruz ,
Plaintiff-Appellant,
-VS· G.R. No . -------
Pedro M amaril, (Desi gnation of the Pleading)
Defendant-Appellee.
. •.• .. • • .• • .
X• ••• ••· •·· •. • - - - -- - -• - - - - • - - •X
2. In the Court of Appeals
REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
Maria Cruz,
Plaintiff-Appellant,
�vs- C.A. G.R. No. ______
Pedro Mamaril, (Designation of the Pleading)
Defendant-Appellee,
X········· .•. -...... • . • • • • ... •••••• • · X
- -- --
3. In the Regional Trial Court
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ____
_____ JVDICIAL DISTRICT
BRANCH __
Maria Cruz '
Plaintiff,
·VS Civil Case No. ______
Pedro Mam (Pesignation of the Pleading)
aril
Defendant.
Jc• • • •• • __ _ _ ___ _ _ _______ _ ______________ _ _ _ _ x
Scanl'W!d with CamSc.-inner

oRM S
LEGAL y
24 4
ou rt
M u ni ci p al Tr ial C
4. In the
LI C O F T H E PHILIPPINES
REPUB URT O F ---
AL TRIAL co
MU NI CI P ----
Branch N o.
Maria Cruz,
Plaint iff,
Civil Case No. ____
-vs-
(Designation of the Pleading)
Pedro Mamaril
Defendant.
---- ---- ---- ---X
X------ ---- ---- ----- --- ----
5. In Special Pro cee dings

(Caption)
In the Matter of_

(Adoption of the Minor) Special Proceed ing No . ___
__ (name of child)
Pedro Cruz,
Petitioner
x-----------------------------------------x
6. In Criminal Proceedings
(Caption)
THE PEOPLE OF THE PHILIPPINES

Plaintiff,
-vs Criminal Case No. ___
_.. .,,itted)
Maria Cruz' (Des1gna
. tion
. . e COJ.J..U'"'""
of the crun
Accused.
x--------- ------------x
r
Scanned with CamScanne
C HAPTER !
BASIC PRINCIPLES 245
OF PLEADING
of th e Ci ty Pros
JJl the Office ecutor
1,
REPUBLIC OF TH E PHI
LIP
OFFI CE OF TH E CITY PROS PIN ES
E CUTOR
C ITY OF__
_
,
Maria Cru z
Comp lainant,
. vs . ------
I.S. No .
(Designation of the crime committe
d)
Pedro Mamaril,
Respondent
X·· ············ ............ -- - . . . - . . . - X
FORMAL PARTS OF A PLEADIN G

Sections 1, 2, 3, 4, and 5, Rule 7 of the 1997 Rules of Civil
Procedure state the formal parts of a pleading, thus:
Section 1. Cqption - The caption sets forth the name
of the court, the title of the action, and the docket number if
assigned.
The title of the action indicates the names of the parties.
They shall all be named in the original complaint or petition;
b ut in subsequent pleadings, it shall be sufficient if the name
of the first party on each side be stated with an appropriate
indication when there are other parties.
Their respective participation in the case shall be indicated.
Oa, 2a)
Section 2. The body - The body of the pleading sets forth
its designation, the allegations of the party 's claims or defenses,
the reliefprayed for, and the date of the pleading. (n)
(a) Paragraphs - The allegations in the body of a
le
P ading sha ll be di v ided into paragraphs so num bered a-S to
be readi ly identified, each of which shall contain a statement
0 a sin
1 gle set of circu mstances so far as that can be done with
con venience. A paragraph may be referred to by its nwnber in
all succeeding pleadings .
. . (b) Headings - When t wo or more causes of action are
Joined, the statement of the first shall be prefaced by the words
Sconnod with ComSc.Jnncr

z4 6
. n, " of t he second by ''second cause of U
o ctio
a e of ac ti he rs . ��
"firs t c US r the o t
fo
.
n
and so o o re
e
aragrap hs i n t h ans wer are add
r m P .
WJien one O a es of action i n t he comp za in · t they s "essed
of s c
e ve ral us "ans wer to the fi rst cause of ac t h. Ql[ be
to o ne
the words . ,, tori, '•
efaced by e seco n d cause of action an d so o n . and 41 o�
�;nswer to th rag aphs of the ans wer are address:d to e he�
P_a
one or m ore n, t�ey shall be p refaced by words to tha: uero1
o effect.
causes of acti
(4)
. Th pleading shall specify the relief so
1,c) Relief - e yer for sue h furt her or other ught
ner al pra reli.ef,
but it may add af1�ust or eq u itable . (3a, R6)
as may be dee me
d) Da te - E very pleading sh al l be da ted . (n)
(
Section 3. Signature and Address - !very pleading
coun sel represent ing h im , s tating
must be signed by the party o�
ld not be a post office box.
in either case his address which shou
The signature of counsel constitut es a certifica te by him
that he has read the pleading; that to the best of his knowledge,
information, and belief there is good ground to support it; and
that it is not interposed for delay.
An unsignedpleading produces no legal effect. However, the
court may, in its discretion, allow such defi ciency to be remedied
if it shall appear that the same was due to mere inadvertence
and not intended for delay. Counse l who deliberately files an
unsigned pleading, or signs a pleading in violat ion of this Rule,
or alleges scandalous or indecent matt er therein, or fails to
pro�ptly report to the court a change of
his address, shall be
sub1ect to appropriate discip linar
y ac tio n. (5a)
. Section 4. Verifica otherwise
cifical.ly required by law tion - Except when
5:a�h, or rule, p leadings need not be under
verified or acco mpani
ed by affid av it . (5a)
read ! ple d �g is verifie
z° a�
correct :;h�is k
ing and
d by an affid avi t tha t the affiant }ta;
tha t th e allegatio ns therein are true an
no w ledge and
belief.
A pleading r .
verification b eq u ired to be
verifi whi ch co n tai · ns o
ed n
"knowledge, ased o n. ""i n,+-orm ati•on and bel i.ef,, ,, 0r upo r
verification s info �mat io n an d be liefi " or lacks a pe
h
' all e treated as an un � p)ro
si ed pleading. (6a
Scanned wilh Carnscanner

CHAPTER I
BAS IC PRIN CIPL ES OF 247
PLEADING
Section 5. Certific ation against forum

• . shon.lling
_ Th e p l ·
ain t ·
i11u or pri nci pa l pa rty shall certi.{.
p l ain· t or ot h er
• ,y under oath in
. .
t he c om •
initia tory pleading
· asserting a claim
f�r relie,,
' f or in a swo rn :ertification annexed thereto and
•
s1. mu lta neous ly filed_ therewith: (a) that he has not theretofore
need any acti� n or filed any claim involving the same
�om m e.
1,ssues in _any court, tribun al or quasi -judicial agency and, to the
best �f lus k �owledge_, no such other action or claim is pending
therein; (b) if there is such other pending action or claim, a
complete statement of the present status thereof; and (c) if he
sho uld 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 therefro m to the court wherein his aforesaid complaint
or initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall
not be curab le by mere amend ment of the complaint or other
initiatory pleading but shall be cause for the dismissal of the
case with out prej udice, unless otherwise provided, upon motion
and after hear ing. The subm ission of a false certification or
ll
non-co mpliance with any of the undertakings therein sha
udice to
constitute indirect contempt of court, without prej
ions. If
the corresp o ndi ng ad ministrative and criminal act
ute wil lfu l
the acts of the party or his counsel clearly constit
ll be ?roun� for
and deliberat e for um sh opping, the same sha
consti tut e direct
sum mary dis mi ssa l wi th prejudice and shall
tive sanctions. (n) "
contempt, as well as a cause for ad mi nistra
ation and belief, " shall be
Verific at ion s based on "inform
deemed insufficient.
Scanned willl CamScanner

C HAPTE R II
ATI O N S I N A P LEA DING
AL L E G
G?
R E C O NT AIN E D I N A P L EA DIN
WHAT A
l e 8 of th e R e vis ed Rules o f C ou rt m the Philip pi,..1es
Secti• on 1 , Ru .
des as
c ll ows..
i o
4!
n It pro vi
answers thl·s questio
"Se ction J. Jn Gene ral
- Every plead ing . shall contain
. con cise a nd direct
form, a p l<: in,
in a methodical and logical
on whi ch the par ty pleading
statement of the ulti mate facts
case may be, o mit ti ng the
relies for his claim or defense, as the
statement of mere evidentia ry fac ts.
If a defense relied on is based on law, the pertinent
provisions thereof and their applica bility to him shall be clearly
and concisely stated. " (n)
DISTINCTION BETWEEN ULTIMATE AND

EVIDENTIARY FACTS
ULTIMATE FACTS EVIDENTIARY FACTS

Facts which form the basis Matters of testimony
of the action and upon the proof which need not be alleged in the
_ the
of which right of a judgment complaint.
rests.
They are the essential
facts constituting the pl They are those which go
ainf1ffs to prove the case. They may b e
cause of action.
essential at the trial , but not in
the plea ding of a cause of action,
They do not refe
the details or p r to Hence, in an action for
evidence . articulars of recove ry of title the allega tion
that his pre dece�sors in in tere5t
and him self hav e been in peace·
248
Scanned with Camscenner

C
ALLEGATIOHAPT ER II
N S I N A PL
EADI NG 249
ful an d co nti
· n uou s poss
in go�d faith, and ession
po ess 1on is which
op en, public and
un�er a clai m of
ow nership" was
h eld to be sufficie
nt . Th e spec1.fi c
xtent of th e res
:ei. n pective shares
? cl ai m ed as well as the
specific nature of
the title need
not be alleged because
they are
matters of evidence which
could
be proved at the trial.
WHAT ARE TH OS E TH AT N EE D NOT BE

ALLEG ED IN THE PLEA DIN G?
The following ne ed no t be all ege d:
1. De tai ls of probative matter or particu
lars of evidence ·
2. Sta tem ent s of law , inferences and arguments
;
3. Con clus iven ess of law '·
4. Facts of whic h are of judicial cognizance; and
5. Presu mp tions of law.
A.l.TERNATIVE CAUSES OF ACTION OR DEFENSE

How m any claims can a plaintiff have in one complaint?
The plaintiff may set forth in his complaint only a single claim,
and this may be stated in one paragraph or more.
The plaintiff may also set forth two or more claims as he has
and may demand relief in the alternative. (Sec. 2, Rule 8, Revised
Rules of Cou
rt)
How m any defenses can a defendant have in his answer?

e forth as many defenses and counter
cla.1rnT8 hh defend a nt may set
· e may hav e.
T e n egative defe nses in one answer n nd
affirm h defend ant may set up
ative defenses in anoth er in tho some action.
right to set u p num erous
d Th e defen da nt can not be den ied the rove one defense shall
efenses. The failure of the defen dan t to p

MS
LEGAL FOR
2 50
ther defense which is
. rn from proVI•ng ano . 'ff. eq ll
h1 nt1
t preclude feat the ac tio n of the pla1 a.lly
de
�iffi ci ent to
T O f THE P ER FORMANCE
RAL AVE RM;; LL CO N DITIONS P R EC E D ENT
•I
A GEN E UR N CE A
OR OC C RE ec. 3, Rule 8)
IS SU FFIC IE NT
(S
� hou gh
al averrnent of perfo rmance or occurr
A:J
t1 on pre :::::�s sufficient, the p la intiff who se right 0t:c�t of
a con d1 � d set forth and prove the ful fillment ofc 1on
pon 1 t ' s h oul
depen ds
.
.
.t1 n or the legal excuse for i ts non- fulfill
u
. . men t . Il'.Go vernrn the
con d1 0 Thi s i s an esse ntial g
en t
alle ati·oon
t. f
pJ v Inch.aus i and Co ,
2 P i . 315
.
. 4 h l )
the complamt de fective,
and· · t·he 1a1 c 1ure to allege this ren ders. and
.1t may even b e di's misse d ' upon mot10n, c1or 1 ack o f cause of act·i n
Tax Appeals) o
(lohuston Lumber Co. v. Court of
CAPACITY
Section 4, Rule 8 of the Revised Rul es of Court provides as
follows:
"Section 4. Capacity - Facts showing the capacity of
a party to sue or to be sued or the authority of a party to sue
or be sued in a representative capacity or the legal existence
of an organized association of persons that is made a party,
must be averred. A party desiring to raise an issue as to the
legal existence of any party or the capacity of any party to sue
or be sued in a representative capacity, shall do so by specific
denial, which shall include such supporting particu lars as are
peculiarly within the pleader's knowledge . " (4)
t
. Facts or allegations showing capacity may be attacked bu
this _can only be done by specific denia l supporte d by particulars
p�rtic�larly within the knowledge of the plead Failure to d? so
er.
either m the answer or in the motion to
dismiss ' amounts to a waiver
of the said objection .
FRAUD, MISTAKE, CONDIT

ION OF TH E M IN D
t!n �ll averments fraud or mistake , the circurnstan_ces
cons 1tutmg frau d or of . . cu1aritY.
. . mis take mus t b e stat ed with p a rt i
Ma1ice ' mtent' know1ed
ge son IJ18y
be averred gener or othe r condition of mind of a p e r
ally. 1•/Sec. 5, Rule 8, Revis
ed Rules of Court)
$conned with ComSconner

CHAPTER II 251
ALLEGATIONS IN A PLEADING
Whil e c�rcumst� nces . consti tuting fra ud or mistake must

d d with pa rt1cula n ty, the com plain t must set forth only
1ea e
be _P te facts , an d should not plead evide nti ary matters. Ho-.vever ,
�ttrn\ is h ard to sta te the p articulars constitu ti ng m alice, inten t ,
sJJlce ; dge or some other conditio n of the mind of a person, it shall
kn°:r�cient to allege the s a me generally with out setting out the
f
�:rns tances rom which it i s to be inferred .
Scanned with C•mSellnner

PART III
?JISC ELLANEOU S TOPICS , PLEADINGS, 467
AND FORMS
TTO R N EYS , ADM ISS ION TO THE PR

'f.lV, A A M IS SI ON TO TH E BA ACTIC E OF A
D R, DI SB AR M ENT L W
,
O R SU S PE NS ION OF ATTO R NE YS
ATI ON FOR ADM ISSI ON TO THE PRACTIC E

auALIFIC OF
t wo bas ic re� uire m e nts tha t should b e com
LAW
There are plie d with
er so n can engage 1 n the practi ce of law .
a
before P
EQ UIR EM ENT (Before Adm ission to the Bar)
F IRST R
H e should b e first admitted to the bar. This re quirement is
hed by complying with the following re quire ments (Sec. 2
a. ccornplis
on to Secs. 5, and , Rule 138, ROC):
i n re lat i
6, 14
a . Citizenship - He must b e a citizen of th e Philippines

b. Age - H e must at least b e 2 1 ye ars of age
c. Residence - He must be a re sident of the Philippines
d. Education Qualification
d.1 H e must have complete d a four-year high school
course which is a prere quisite to a bachelor's degree
in arts or scie nce s;
d.2 He must have comple te d bachelor's degree with
any of the following subj ects as major or field of
conce ntration:
d.2.1 Political Scie nce
d.2.2 Logic
d.2.3 English
d.2.4 Spanish
d.2.5 History
d.2.6 Economics
d.3 He mu st ha ve comple ted a Bachelor of Laws de�e:
d recogmze
in a law school or unive rsity approved an
by the Secretary of Education
. . must be of
e. Moral and other Qu ahfi cations - He aga1n • st him
rges
?ood moral characte�, and that no cha are pending
involving mo ral turpitude have been filed or
in any court in the Philippines
Sctlmcd with ComSeanncr

F
4 68
f! D1 u st p as s the Bar Exa rnin ati'ons
. nat1. o n _
e
Ba r E ,c a.IJll
a t e may b
e deeme d t o h
f. a c a di d ly h e a"e
d er tb a t n
ns suc ces sfu l
f. 1 I n or hi_ ex a rnin a tio rag e of . tllust
75 3/ro l1l
pass d � gene r al av e anl.
e
a i n e d a rage, th e s u b
have ob t e te rm
inuJ g the av
e j ects
. I n d i:,� v
ai th e c
1.ollow111
s ubJ ect . n sh all be
en
a mi n at i o a or and so,, gl
. the ex il L a w , 15 %;. L b . ...1a
. w ei' gh ts ·
· Civ . at10n
m
rela t1v e cal a d mter al L aw
,· Polit1
n n
. ' n 1 0 % Leg�
Legis1 atIO Re m e cli. alo 1 aw
, 20 %·
ti o , 1 0%;
15% ; Taxa n
al E x erci s e s , 5
1/o
Pr act ic
Ethics and
e th e l a
wye r's oath before the
tak
st Ru le 138, ROG)
g. Oath me Court itself. (Secs. 18 a nd 1 9,
_ He mu
Supre
Rol l - He ro ust si gn the ro ll of attorn eys
h. Attorney's from the Clerk of Court of the Sup reme Court
and receive to pr act ice . (Secs. 1 8 and 19, Rule
lic ens
a certificate of
e
138, RO G)
MEN T (Aft er Ad mis sion to the .ar) 18
SEC OND REQUIRE

us t re m ai n in go od an d re gu la r st an ding. This
The lawyer m
requires the following:
a m mb e r of the IBP ( n teg
I rated Bar of the
(a) He mu st be e
Philippines);
He mu st reg ula rly pay all IBP m e mb ers hip dues and
(b)
other lawful assessment·
e thics of
the
(c) He mu�t observe faithfully the rules and
profession; and
(d) He should be subject to judicial disciplinary control.
PURPOSE OF IMPOSING SAID REQUIREMENTS

The said requirements ar posed to see to it tha t th os e wh0
· un to
are admitted to the pra t 0r" aw are mentally and morallY fit
J
discharge their dlOties to\�:�u c ents, to the courts, and to the publi'
in general.
PROC EDU RE FOR AD MIS SION TO THE PRAC

TIC E OF LAW
Anyone who desires to � e 8"
admitted to the practice of 1
should pass the Bar Examin on
conducted by a committee of sl
b
exa mme ;1•
rs appointe d by the upr
eme Court.
Scanned with camScanner

r PART III
LLANEOUS TOP ICS, PLEADI NGS, AND
:MISC E FOR MS
469
a dmission to the Bar of th

in atio n for Ph. . P m.
f)
:a n n u a lly i n the City of �anil a. The y s�a ll �� : e� shal l
c� eld fo
tske pla be d esign ated by the Chairman of the comm . m ur
ttees on bar
de.Ys � ers• The s ubj ects shall be distributed as follow s.�
o
min
e,'<ll . Po 1·1tica
. 1 an d International Law ( .
Da y: mornin
F1 rst 1a b or a nd Soc 1a
. l Legislation (after g) and
noon);
iv La
Se cond Day: C il w (m or ni ng) an d Taxation (afternoon);
Me rca nt ile Law (morning) and Crimina
Th ird Day: l Law
(afternoon);
Fourth D ay : Remedial Law (morning) and Legal Ethics and

Practical Exercises (afternoon) (Secs. 8 and J J
Rule 38, ROC)
The Com mittee of bar examiners shall be composed of a Justice
of the Supreme Court, who shall act as chairman, and who shall be
designated by the court to serve for one year, and eight members
of the Integrated Bar of the Philippines who shall hold office for a
period of one year. The names of the members of this Committee
shall be published in each volume of the official Records.
Not later than February 15th after the examination, or as soon
thereafter as me be practicable, the committee shall file its report on
the result of such examination. The examination papers and notes
of the committee shall be filed with the clerk and may be examined
by the parties in interest , after the court has approved the report.
In order that a candid ate may be deemed to have passed his
examinations successfully, he must have obtained a ge ne ral average
of 75% in all s ubjects,
witho ut fallin g below 50% in any subject. In
d�termining the average, the subjects in the examinat�o� shall be
given the following relative weights : Civil Law, 1 5%; Cnmmal La_w,
e media l
Internation al Law, 15%; Taxation , 10%; R
�%; Political and
w, 20%; Le gal Ethics and Practical Exercise s , 5%.
ATION
CONSEQU E NCE OF FAI LUR E TO PAS S SAID EXA MIN
n s_ for three
tirnesCandidates who have failed the Bar Examin at�o
t
qual ified from taking another e xanuna 1011 m �mless
theY s shoall b e dis
e e nrolle d an d
Passedh w tO s atisfactio n of the court th at th ey hav
.
attend e"d n p1.e- bar
"" ew creo gul ar. fourth yea r clas ses as wel lT as1 wa s re1e rred to a s
re\ri.
1 li£ '1'1.r u rse 1n a recogni z ed law sch oo1 • h's
ciRE E FAILURE RULE .
Sconnod wilh ComSconnor

jiiiiii
RMS
LEGAL FO
470
.D di"vidual r eview subj ec ts a t te hd

ess o s f t h. e I . 4 e
The pro£ r o
ru le shall certify u n de r o a th d
tha b\·
un d e th is t
the candid ates � 1 a tte n ded cla sses and pass ed the sub· th,e
candida tes h ave r e g u
e � �oyn s a s o rdinary studen ts an d th e ra Jects
dit1
under the s a m o n
t. tuigs
em m the p arfICular subj ec
obtaine d by th
STRIKE R ULE'' was lai d do\\rn
In June 8, 2004. ' the "FIVE 1 6 1 bY
t m B M att er N o. 1
the Supreme Cou r ar
bar candi date s h all

U d er th e "Five Strike Rule, " a b
. � a fter " ·
ili ng thric e· pr ovided that the can di d at e "' e
disq u a l 1 fi e d 1,
a
• ' • _ l .ll ay
take a "
1our th fifth exami n a t10 n if be
. successf ully co mpl etes a one-
or .
year refreshe r c ou r se fo r e a ch ex a mm at10 n.
The Five Strike Rule was first implemen ted in the 2 005 bar
examinations , although th o se who have reached or exce eded five
ta kes as of 2004 sho uld be allowed to take the ba.r one more time
upon completion of a one-ye ar refresher course . Prior to Five Strike
Rule, there wa s no limit to the number of ti m es a candidate could
take the b ar.
LIFTING OF THE FIVE STRIKE RU L E

On September 3, 20 13, the Supre me C ourt issued its much
awaited resolution lifting the Five Strike Rule
. Th e said resolution
rea ds a s follows:
''The court resolved, upo n the rec omm end tion of
a
the Committee on Continuing Legal
Ed uca tion an d Bar
Mat�ers, to LIFT the Five Strike
Ru le on b ar rep eaters,
?rovided that the candidates ha
ve enroll ed in an d pa sse d
ID regular fourth year revie
w cla ss es as well as attended
a pre�bar review course
. every time they take the Bar
Exa�atw ns after failing for th
a riculu� prep are d by e th ird time, un der
i;), a nd ID la the Legal Ed uc ation Board
�his i:w w sc ho ol s accredit ed by it for th e p pose.
e sha take
eff ur
Exanunatio _ �, ec t beginning with th e 20 4 Ba
ns. (B. M. No. 1 1 6 1 r
1)
APPROPRIATE RUL
ES
TO IM P LEM ENT SAI D OF LEB �RE R E QU I ED
I RESOL UTIO R
r
l The LEB has n
ot
meantime, provision r yet °f:fic�. ally ac ted on this m att r tbe
I
al u1es are e . LJl
unplemented.

r PART III
rJJS C ELLAN E OUS TOP ICS, PLEADI N
GS , AND FOR 47 1
Ms
f S t-1 1: R R EVI EW C LASS C U RRI C UL UM

�
,,,..f f der th e Prov1s10 . . na1 R u1es the refres
VJl her revi_ew
o m p ose
. '
o f t he £oIlowin g subj ects cI ass cur-
1 Jl'l i s c d
with their correspo
· c11I t ts: nd-
u 11 i
fliJlg
SU BJ EC T UNITS
ona l La w Review
Con stituti 4
a w Re view I
Civil L 4
Civil Law Review II 4
Crim inal Law Review 4
Rem edi al Law Rev iew I 3
Remedial Law Rev iew II 4
Labor La w Review 2
Commercial Law Review 4
Taxation Law 2
31
The fourth year review based on the old curriculum was as

follows:
SUBJ ECT UNITS
Constitutional Law Review 4
Civil Law Review I 4
Civil Law Review II 4
Criminal Law Review 4
Remedial Law Review 5
Labor Law Review 2
Com mercial Law Review 4
Taxation Law 2
29
�RACTI C E OF LAW IS MORE OF A PRIVILEGE

HAN A RIGHT
. ht It is a privilege
Tb e a tte r of r
aceord Practice of law is not a m i� r· 10�
tai n
. ind standards of
. ge
ed to only p to c er
lll.enta1 those who measure u . ted th e sai d pri VIle
is eX a n d mo one who 18 gr an
pected t ral. fitness. Any g " d 8tand ard s.
o m amtain the sa1" d n· i
Sc.:.rvicd with C:imSCilnnor

RM S
LEGAL FO
472
S up re m e C ourt mad e t h e fo l
ca ses , t h e }o
In th ree sep ara te \\i�
R
s tate ments:
v. S ab a n d al, B .M. No. 4 4

Ta n
d I , S BC 66, Fe b . 2 4 , 1 99 2
• v. S a b a n a He rre ra, J.•
Be qu 1a
Mel en c1• 0-
. w is not a m atter of right. It is
''The practice of la . di·VI· dua ls who are not le a a
privi lege bes towe d upon m no wn to possess goo d rne d
k mora l
in the law but who are a lso
character."
Legarda v . C ou rt of Appea ls
G.R . No. 944 57, Ju ne � O, 199 2
En Ba nc , Per Cu ria m
"Lawyers are indispensable. part of the whole syste . m
1 J·ustice
· · s tra t·ve
0 f ad mm1 in this . .
3ur1s di c t·
10n. At a time
. . . .
cr1tic1sms are being
when strOng and disturbing . . ,hurl ed at
complian e wit h
th e 1ega1 Profe ssion , s trict
. . one . s oat.h of,,
c
office and the Canons of Professional Et h 1cs 1s 1mpera t1ve .
"Lawyers should be fair, honest, respectable, above
suspicion and beyond reproa ch in deali?g with their
clients . The profession is not synonymous with an ordmar .
y
busine ss profe ssion. It i s a matter of p ublic interest."
WHAT IS PRACTICE OF LAW?

In Cayetano v. Monsod, G.R . No. 100 1 13, Sep ber 31,
199 1, the Supreme Court hel d tha t tem
engaging in law practice is not
onl
y confined to cou rtroom practice. It inc
req u�res application of law or kn lud es any a ctivity which
.
acbVI owledge of the law , whether said
ty takes place in or ou tside
years of work experience as of th e cou rtr ooms . Hence, lO
law ye r -m an ager, lawye r-negoti at r of
�nt�acts, lawyer-economist o
w1thm the meaning of th or lawyer en tre pr en eu r i s consi dered 85
e phrase "practice of la
w ."
ALTHOUGH P R A C
T IC
A PRIVILEGE THA E O F LAW IS M O R E OF
N A RIGHT IT B
A RIGHT FRO M E CO MES
THE TIME A
ADMITTE D TO TH PERS ON IS
E BAR
From a time a •
prevented fr _P�rson is ad m i. tte d to th e ba he ca ot be
r, n
that will pre�:ir��:lCl� law excep t when there are vali d nreasons
i or er from pra
c ticin g law.
I
Scanned with CamScann

er
PART rn
MISC ELLANEOUS TO PIC S, PLEADIN
GS , AND FOR 4 73
MS
O F LAW IS A PROFES SIO N A ND
,., A CTIC E
Prv' . N OT A B USIN
ocacy is not a capital th at Yie E SS
La W a dv . Ids p
rofits . The ret
are simple rewa rd s for job d on e
o,.ve bi r th to
· or servi. ce rend urns it
g th at, un1 I k e merc antil e pursuits whIc . ered. It is
st,·ca]lin m from governm ent inte . . .
rfe rence' Is
h en Joy a greater deal
f fre e do · I m pr ess ed
o . h 1t 1s· subject to Stat WI· th p ublic
s t for wh IC e .
e re n.
ust Company V. Court of Appears' �; (Metropolitan
. ter 1
:a nk a� d Tr .
Second
· Nos. 861 00- 03,
a ry 23, 1990, Divisio n, Rega la do,
Janu J.)
Members hip in the legal profession is achiev .
ed only after a
d la b on· ous stu d y. By years of ..
lon g an ·
patience, zea 1, and ab1hty
the attorn�y ?cqu1res a fixed means of support for himself and hi�
family. Th1s 1s not t� say, ho�ever, that the emphasis is on the
pecuniary value of th1� profession but rather on the social prestige
an d intellectual standing necessarily arising from and attached to
the sam e person of the fact that everyone is deemed an officer of the
court. (Conrad v. Navarro, Adm. Case No. 2033; Ortigas v. Navarro,
Adm. Case No. 2148, May 9, 1990, En Banc, Per Curiam)
On the one hand, the profession of an attorney is of great
importance to an individ ual and the prosperity of his life may
depend on its exercise. The right to exercise it ought not to be lightly
or capriciously take n from him. On the other hand, it is extremely
desirable that the resp ecta bilit y of the Bar should be maintained
and that its har mony with the Bench should be preserved. For these
,
objects, some con tro llin g power, some moderation, and judgment
varro,
must be exercis ed. (Co nrad v. Na varro, supra; Ortigas v. Na
supra)
THE DU TIES OF A LAWYER

The lawyer ha s the fol lowing du tie s:
nes
ce to the R ep ublic of the Philippi s;
To ma intai n all eg ian e Philippine
and to1.support the Co ns tit uti on an d obey the l aws 0f th
re sp ec t du e to the cou rts of
2 m ai nt ain the
·JUStice· To ob serve an d
an d ju dicial officers ;
tio ns or pr ocee d"mgs only
3 . To counsel or m ai nt a in su ch ac I y as he believes
to
ns e on
pp su ch defe
�se aho ear to him to be j us t, and
nestly debatable u nder the law ; . m. ng th e ca u ses
in ta1
,-,.., 4. To e m ploy fo r th e pu rp os e of ma. n t with tru th nn d
"Vllfi d ed · '
Y a s a re con s1s te
to him, such means on1
Scanned wlth Camscanner

MS
LE GAL FOR
474
ever se ek to in:islea d the j udge or a ny ju di c ial officer b

honor, and n Y
false sta te m e nt o f fa ct or la w;
an artifice or
. e nce, an d at every
5 . To ma1. ntam . m . vi olate the confid P et1.1
ecr ets of h .
i s c li en t ' an d t o ac c ep t
to himself, to pre serve t_h e 8 s
compensation in connect10n w1
• th his clien t ' s b u i ness ex ce p t fronom
ge an d app r o val
him or with his knowled
6 . To ab stam . from all offen sive pers onality an d to ad• vance
. 1 tO the hono r or repu tat10 • n o f a party or wi tne
. dicia
no fact preJU · th w 1... : c 11 h e i· c r
s s'
. d bY the 1·ustic e of the cause w i u.1 s h a ·
u nless require ged,
7 · N0t to encourage either the com menc e ment' or t he
continuance of an action or proceedin g, or d e 1 ay an) man 8 ca use,
from any corrupt motive or i nterest;
8. Never to reject, for any consider ation persona l to hi mself,
the cause of the defensele ss or oppresse d ; and
9. In the defense of a person accused of a crime, by all fair
and honorable means, regardless of his personal opinion as to the
guilt of the accused, to present every defense that the law permits to
the end that no person may be deprived of life or liberty, but by due
process of law
.
LAWYER'S COMPENSATION
An attorney shall be entitled to have and recover from his client
not more than a reasonable compe nsatio n for his services, with a
view of the importance of the subject matter of the controversy, the
extent of the services rendered, and the profe ssion al standing of the
attorney. No court shall be bound by the opin ion of attorneys a s
expert witnesses as to the proper com pen sati on, but may disregard
such testimony and base its conclusion on
its own professional
knowledge A written contract for service
. s shall control the amount
to be paid the refore unless fou nd by the court to
or unreasonable be unc onsciona ble
.
DI SC IPLINARY POWER OVER AT
TO RN EYS
A member of the bar may be
office as attorney by the Suprem removed or su sp en ded from bis
e Court actice,
or other gross mis . conduct in such of'c for any deceit, m alprnduct,
or by reason of hi. s convict . ion uce, gross1y 1. IDm ora1 co
� r any vi· o1atio
· n of th of a · o1vm
cri· me mv . g mora1 turpitu de,
or 1o · e oath which e
· s1on
a d m1s to practic·
e, or for a willful he 1s . reqmr . e d to take b eforr
disobe dience of any 1a wful 0rde

M SC ELLANEOUS OP��T
I T ' PIII
L EAD INGS, AND F 476
ORMS
erior court, or for corrupt!
of 8 su p � or will �ully appearing as such
attorn ey for a party to a cas e withou auth0rity to do so. The practice
Of soliciti n g. cases at la w for th e p urpose of gai n, e1· th er persona II y or
through paid agents or brok ers ' constitu . tes m
alpractice.
Th e Cou rt of Ap pea ls or the R egio .
. na1 Trial
. Court may suspend
an att�rney fr? m pra ctice for a ny of the causes named in the last
precedmg sect10 n , and . after such susp enswn, · sue h attorney shall
ot p ra cti
· c '
e h is ress 10 n until further
pro1
n . act·10n of th e 8 upreme C ourt
in t he pr em is e s .
Upon such susp e�sion , the Court of Appeals or the Regional
. Court shall forthwi th transmit to the Supreme Court a certified
Trial
copy of the order of suspensio n and a full statement of the facts upon
which the same was based. Upon the receipt of such certified copy
and statemen t, th e Supreme Court shall make full investigation of
the fact involved a n d make such order revoking or exten di ng the
suspension , or re movin g the attorney from his office as such, as the
facts warran t.
No attorney shall be re moved or suspen ded from the practice of
his profes sion, until he has had full opportunities upon reason able
notice to answ er the charges against him, to produce witnesses i n
his own beha lf, and to be heard by himself or counsel. But if upo
n
sation, the
reasonable noti ce he fails to appear and answer the accu
te.
court may pro ceed to d eterm ine the matter ex par
INTEG RATE D BAR OF TH E PH ILIP PIN ES

egration of the Philippine
Th e Su prem e Co ur t or dain ed the int
Bar on January 1 6, 1973 .
, th e Supre� e Court ha s th e
Un d er the 19 87 Co ns tit ut ion
ru les concer•nmg' th e Inte· grated
power, amo ng o thers, to pr om ul gate
, Se ct io n 5 of th e 1 98 7 Const1tu twn proVI des as
Bar. Art ic le VI II
follows:
ing
T he S up re m e Court shall have the follow
"Sec. 5.
th e a m1ss10n
roe du re ·n II court 8 ,, (Un derlining supp lied)
.
the Integrated Bar, x x x
�nncd with ComSc.:,nncr

MS
L E GA L F O R
476
DE FI N E D
INTEGRATIO N OF THE BAR
. i tio · n o f all lawyers I n the Philipp·i
This is the offic ial uni f c a . . kn own and calln es
. i zati on w hi c h I S
und er one official nat10n a1 organ LIP P INE S
ed
HI .
as INTEGRATED BAR OF THE p
SIS
LE GA L AN D CO NSTITUTION AL BA
7 Con stitution i s th e
Section 5(5) of Article VII I of the 198
constitutional basis.
The legal basis is fou nde d on the prin cipl e that - TH E
INH ERE NT POWER OF THE SUP REM E COURT TO RE GULATE
THE BAR INCLUDES THE AUTHORITY TO INTE GRATE TH E
BAR.
SUPPOR TING ARGUME NTS IN SUPPORT OF

CONSTITUTIONALITY AND LEGALITY
(1) To compel a lawyer to be a member of the Integrated
Bar does not violate his constitutional freedom to associate (or the
corollary right not to associate).
(2)Integration does not make a lawyer a member of any
group of which he is not already a member. He became a member of
the Bar when he passed the Bar Examinati ons.
(3) For the court to prescribe dues to be paid by the members
does not mean that the Court levies a tax. "A membe rship fee in the
integrated bar is an exaction for regulation, while the purpose of a
tax is revenue. If the court has the inherent power to regulate the
Bar; it follows that as an incident to regulation, it may impose a
membership fee for that purpose . x x x"
(4) The Supreme Court, in order to further the State's
legitimate interest in elevating the quality of professi onal services,
may requ ire that the cost of improving the professi on in this fa shion
be shared by the subjects and beneficiaries of the regulari ty progra m
- the lawyers.
(5) And beca use it is a new regulation in ex
cha nge for n ew
benefits ,_ it is not retroactive, it is not uneq ual , it is not u nfair. (In re
Integration of t he Bar of the Philipp ines, 22 SCRA 22_ . 3 J 973; In
28 1
re Edilion, A.M. No. 1928, Augus t 3, 1 978)
Scanned with CamSconncr

MISCELLANEOUS TI
TOP�AR
CS , PLDEADING
S, AND FO
477
RMS
APP EA RA NC ES AN D HA ND LIN G OF CASES

IN COU RTS
As a rul e, only those wh . censed
appe ar a � d hand l e cas es in cou�� ! 1:<> prac�ice la:-7 can
o ever, this rule 1s subJect to
the followin g exceptions and lim1· ta t·10n s:
EXCEPTIONS:
Und er Ru le 13 8 - A Revised Rul_es of
Courts, a law student
who has succ essfully com p' 1ete d hIs . third year in law school and
currently enrolled in a recogruz .
. e d law school's Clinical Legal
Educat10n prog ram approved by the 8 upreme Court may appear
· any c1· vil cnm ·
· 1na
m_ 1 or adm inistrative case to represent indigent
clients accep' ted by the legal clinic
.
I
LIMITATIONS:
L_ The appearance of said student in court is subject to
.
supervis10n and control of a member of IBP duly accredited by the
law school.
2. Any pleading, motion, brief, memoranda and other papers
to be filed must be signed by the supervising attorney. (Secs. 1 and
2, Rule 138,· RRC)
3. When a law student appears before the court, he is subject
to supervision and control of a member of IBP. However, such rule
shall not apply if the law student appears as non-lawyer before the
inferior courts, provided he is an agent or friend of the party litigant
as prescribed by Section 34, Rule 138 of the RRC. (Cruz v. Mona,
552, SCRA 387, April 2 7, 2007)
4. It is required that the supervising layer should be
physically present during the hearing.
CAN NO N-LAWYERS APPEAR IN CO URTS?

ctices law will be guilty of
As a rule a no n-l awyer who praao; Administrative Case No.
illegal practice' of law . (Zeta v. Malin
P-22, December 20, 1978)
to the following exceptions an d
However, this ru le is subject
limitations:
a party may con duct his litiga tion
1. In ca se s b efiore the MTC, fri. end appomt
.
e d by him . (,Sec.
or
· h th e ru'd of an agent
in p erson, wit
34, Rule 138, RCC)
Scanned with C&mScanner

MS
L E G AL FO R
478
es befo r� a n co urt, a p arty may co n du ct h·

2. In cas � if he dec ided t o get a person is
p d e d hat
litigati on personally, rovi
, tha t som e ne mu s t b e a n aut hori z ed mem b er of t he Bator .

assist him o
11 b o und by the sam e •n,I.{1
3 · If he app ear s p erso na y, h e is es
. se He can n o t afte r JU
. d g me nt c l
in conducting the trial of h.is ca . a·
tha t he wa s no t properly represen
te d by c o unsel. (Cruz v. C�b rerltna,
441 SCRA 21 1, October 25, 2oo4)
4 I n a cr1m • 1 c ase before the MTC, .and in loc ality where
. ma
le,
a dul/ licensed membe r of the Bar i� n o t ava ilab �he �. udge rnay
o f the pro vmc e , an d (b) o
appom · t a non-lawyer wh o is •· (a) a resi dent . the accus ed In his f
good refute for probity and ability to aid . . defense.
CAN NON-LAWYE RS APPEA R IN THE NLRC

OR BEFORE THE LABOR ARBITER?
They may if they represent themselves as party to the case; if
they rep resent a labor organization which is party to the case. If they
represent a member or members o f a legitimate lab or organization
that is existing within the employers establishment who are parties
and the case; if they are duly accredited members of any legal and
duly recognized by the DOJ or the IBP; if the n o n-lawyer is the owner
or president of a corporation or establi shmen t which is a party to the
case (Sec. 6[6], 201 1, NLRC Rules of Procedures)
.
WHO ARE PROHIBITED FROM ENGAGI NG IN
THE PRACTICE OF LAW?
(1) Those who do not possess the qualific ati
o ns for adm ission
to the bar an� ?ave not complied with the
req uirem ents to practice
law are proh1_b1ted _to practice law ; (2) A
lawyer who is disbarred
unless readmitted, �s _prohibited to
practice law ; (3) Those who are
suspend_e d a re proh1b1ted to practice
law d urin g th e P eriod of their
suspension
.
WHAT ARE THE SANCTI ON S FO R
PR
O R AP PEARANC E WITH OUT AU TH OR ACTIC E
ITY?
They are su bj ect to any of the fi
ollowin
. g sa nc tions :
1. L awye rs witho ut au thor
ity
An attorney willfully app earin
g to cou rt wr
� a person WI· thou t
g em pI ye d , un less b l ea
be in o
Y ve by the cou rt, may be punis hed for
Sc-.anned with CamScanner

PART III 4 79
MIS CELLANEOUS TOP ICS, PLEADI NGS , AND FORMS
contempt as an officer of the court who has misbehaved in his officia l

transac tion.
• Attorneys who are suspended or disbarred but continues
to engage in the practice of law are liable for contempt in
court, punishable by fine or imprisonment or both upon
the discretion of the court. (Betran u. Abad, A.M. No. 1 39,
March 28, 1 983) He is also held liable although he acted as
an agent of a litigant or the circumstances provides that
he holds himself out as a lawyer in association, since he
cannot do indirectly. (In re David, 93 Phil. 461 [1954])
• In addition to contempt, a lawyer may also be disciplined
suspended or disbarred for misconduct as an officer of
I
the court, if in his capacity he makes possible the illegal
practice of law by a layman. (People u. De Luna, 102 Phil.
968, January 31, 1958)
Finally, he may find himself administratively liable for being
a government attorney at the same time engages on the private
practice of law without the written permit from his immediate
superior. (Misamin u. San Juan, 72 SCRA, August 31, 1976)
2. Persons not Lawyers

Shyster - a non-lawyer pretending to be a lawyer. (Funa
Legal and Judicial Ethics: With Bar Examination Questfons, 2009,
p. 120)
A person may be punished for indirect contempt for assuming
to be an attorney of a court, and acting as such without authority.
(Sec. 3[e], Rule 71, RRC)
• When a person assumes to be an attorney, he is liable for
contempt of court. (PAFLU u. Binalbagan Isabela Sugar
Co., 42 SCRA 302, November 29, 1971)
Another case provides that if a person's unauthorized practice
of law resulted to damage to another party, the former may likewi se
be liable for estafa. This situation is regardless of the success in
mana ging the litigation by the said person. (U. S. v. Durban, 36 Phil.
797, August 2 7, 191 7)
SC8nM.d with CamSeann�

R MS
L l�O J\ L, FO
FO R M S
, , ,lON_'.lQ TA KE rrHE BAR E�
220. PE'II I
FORM NO,
TIONS
BLI C OF TI-I E P HI LIP PINE s
RE PU
SUPRE . M· E◄ CO URT
MANILA
_______
XAM INATION S
PETITION TO TAKE TH E BAR E
Petitioner,
(Prin t full name, sw·na,m.e fir5t)
COM ES NOW the undersigned petitione r and to this Honorable

Supreme Court respectfully states:
l. That he/she is -- years of age, having been born
at -----�--=-:--::--::- and as
::dence thereof, he/she sub�ts a copy of his/her Birth Certificate
marked Exhibit "A";
2. That he/she is residing at ____________
3. That he/she is a citizen of the Philippines being a

legitimate/illegitimate son/daughter of
and _________, citizens of
respectively;
4. That he/she is a person of good moral character as
evidenced by three testimonial certificates executed under oath by
three members of the Philippine Bar, attached hereto and marked
as Exhibits "B", "C'1, and "D" ;
5. Tha t he/she has not bee n acc
use d of, indicted for or
convicted by any court or tribunal of
any offe nse involving moral
tur pitude ; and tha t the re is no pen din
g cas e of that na ture a gainst
him/her;
6. 'Jlha t ho/she fi nis he d his
/her hi gh school edu cation in
____, a t th e ---------
com ple ted his/he r pre -luw
-;-- ----- '· and
course ut
for ___ ye ar�, �s v d_en cod
: by the attached Transcri t of ecor
ma rked as Exh 1 b1 t .�E. m con n ection p R ds
with E xhibit "G" hereinafter
mentioned;

PART
MISC ELLANEO US TO PI CS, III 481
PL EA DI NG S, AND FO
RMS
7. That he/sh e re gul arly stu died la w fo

c sful ly comp leted all prescri be d la r ___ years , an d
s u c es w co u rses at the ____
-- :::-- - - -,
- -:-----:---: a law school offi cia lly approve d an d
c o gni zed by the Sec reta ry _of Edu cation, an d as evidence thereof,
re
1 e/sh e a tta ches a copy of h i s/her transcript of law school records
;uly authenticate d by the school's officia
l dry seal , and marked as
Ex h ib it "F ', as wel l as a Cer tific atio n (C-2) by the bureau of Priva te
Shc ools, m ark e d as Exh ibit "G" attesting to this fact;
8. Tha t he/she has already taken the Bar Examina tions
tim es .
WHEREFO RE, Petitioner respectfully prays that the
Honorabl e Supreme Court allow him/her to take the ___ Bar
Examina tio ns.
(place) (date)
Petitioner
Address: ________
SUBSCRIBED AND SWORN TO BEF?I:� ME this

day of affia nt exh1b1ting to me his/her
Residence Certifi cate No. issued at --------
on _______ -=-_
A/fix a 30-centavo Documentary Stamp
Notary Public
-
Co m m iss io n Expires -------
Doc . No. ____
Page No. ____
Book No. ---�
Series of _____
. e fu ll info rm ati on .
In filling b] an ks giv
1
I
Court im mediately of
REMINDER: Notify Supre me
any chan ge of addr
ess
1
S
LEGAL FO RM
'182
227, CERTIF ICA TE O F GOOD l\10RAL c�
--
FORM NO.
TER
(date)
TO WH OM TH IS MAY CO NC ER N:
This is to certify tha � . . . ---
ed. a re si de nt of
years o f age , (single. marri wi do w) ,
i kn o\,· n to m�
______________ , s
a ra
know n for (no. of years) as a pers on of good mor l cha ra c te n d
repu tatio n. I likew ise certi fy that he has not been accu sed of. in dict ed
for or convicted by any court or tribu nal of a ny offense in volving
moral turpitude.
I solemnly swear that the foregoing cert i fica tions are tru e and
correct to the best of my knowledge and belief.
(Prin t name, then sign (iV!em ber of Bar)
Date and Year Admitted to Bar Roll No. if Possible
SUBSCRIBED AND SWORN to before me at ------

this ______, affiant exhibiting to me his Resi dence
Certificate No. ____ i· ssued a t _________ on _
Affix a 30-centauo Documentary Stamp
Notary Public
Commission Expires _____

Doc. No. ____
Page No. ____
Book No. ----
Series of ----

MISC E LLAN Eo us PART III
TO Pics, PL EA 483
DING S• AND FOR
MS
.fORM NO. 228, COMPLA
IN
fENSION OF ATTOR NEY T FOR DISBARMENT OR SUS-
RE P UBLIC O F T
H E PHILI PPINES
w.x. ,
Peti tioner'
Y. Z. ,
- versus
G. R. No. ------ I
Re sp on de nt.
x------- -------------------------- -- --x
COMPLAINT
W. X., through counsel, alleges:
j
l. (Averment of names and residences); f
2. That respondent is a practicing attorney duly admitted to f
the bar of the Philippines;
3. That on --------:, respondent was retained
_ .
by petitioner to handle the prosecution of his case against one
J. P., which case was entitled W.X. vs. J.P., and docketed in the
Court of First Instance of _______, as Civil Case No.
4. That on the date mentioned in the preceding paragraph

hereof, respon dent signed a contract of services with petitioner, who
forthwith paid respondent the sum of P _____, as retainer,
copy of which contract is attached hereto as Annex "A";
5. Tha t on __________, respondent filed his
appearance as attorney for petitioner in said case, copy of which
II
appearance is attached hereto as Annex "B'';
the papers and
6. That respondent got and studied all
ferr with petitioner
ed
docum ent s relative to said case, and con
and E. R. Affidavi ts of the
and two other witnesses, to wit: M. L.
ing said conference with
aforement ion ed M. L. and E. R. regard
nexes "C" and "D";
respondent are attached hereto as An
' respondent
7. That on or ab ou t .
ry vulnerable spot m the cause
told petitioner th at he found a ve
Scanned with ComS

c,c1nncr
--
-
ORMS
LEGAL F
48 4
. ), an d th a t he wa s wi th dra win g a s
erem
of plaintiff (petitioner h
;
attorney for said plain tiff d s d
ff ag re e d to sa id w it h draw al , an re pon en t
8. That plainti . .
' copy o
f
dr aw on .
filed his motion to with w hi ch fo r w i t h d rawa
Annex "E"; m ot w n l
which is attached hereto as
was granted by the court;
at th er ea fte r re sp o ndent approa ch ed J. P. , the ad_ verse
9. Th of P _ __ _
ar ty in sa id ca se , an d ' fo r a fee in th e am ou nt d
'
P id adverse pa rty ; an d re spon den t i d
offered to be consultant of sa d ad vic e to th e a d vers e
opinion an
act as such consultant, rendering po int in plain tiffs
the vulne ra ble
party, and revealing to the latter
cause;
res pon d ent to the
10. That the services rendered by the
agr aph , were act ually
adverse party, as stated in the preceding par
s
seen and heard by B. P. and S . E., whose affid avit are attached
herewith as Annexes "F' and "G/' respectively.
WHEREFORE, it is prayed that respon dent Y. Z. be removed
or suspended from his office as attorney.
(Place, date and sign ature)
(VERIFICATION)
F.QRM NO. 229, APPEARANCE OF A'ITORNEY

(Caption and Title)
APPEARANCE
The Clerk of Court of the
Court of First Instance of
-----
GREETINGS:
Please enter the appearance of _the
und ersigned as attorney/
attorneys for
ti
requested that, henceforth the ?nd 1_Il the above entitled case. I s
ersign ed be served and furnished
with copies of motions , orders, Ju dg
ment8, an d other papers in sa.I.d
case.
(Place, date and si
gn ature)
<Proof of Servi
ce)

MISC ELLAN Eo us PAR1• II I
TOPICS, PL E 48G
AD INGS AND FO HM
I .
S
fORM NO. 230, WITHPRA
WNSENT OF CLIENT.} jyAL OF APPEARANCE CW1TH
(Caption a nd Ti
tle)
The undersigned hereb
_______
_Y withdraws as attorney for
--------- , Ph'l' i ippmes
,
(Sgd.) -------
y fo:r�
A ttorn,:e:-;:
WITH MY CONFIRMITY
(Client)
FORM NO. 231,WITHDRAWALOFAPPEARANCE (WITHOUT

C,ONSENT OF CLIENT)
(Caption and Title)
The ders1gned
· hereby moves that he be allowed to retire as
_
attomey ;::: in the above-entitled case for
.
the £ollo wing
. . reason, to wit:
(State the reasons for the withdrawal)
(place) <date>
Respectfully submitted
A ttorney for ________
(Notice and proof of Service)
FORM NO, 232, A'ITORNEY'S OATH

I
I
ATTORNEY'S OATH
!
mnly swe ar thn t I will
"I, ________ , do sole
of tho Philippines; I wi ll support
mai nt ain all eg ian ce to th e Re pu bli c
woll as tho legal orders of the
its Constitu tion an d obey the Jaw s as
th or iti es th er ein ; I will do no falsehood , nor
d uly constitu te d au
I will not wittingly or wi lli n gly
consent to th e do in g of an y in court;

RM S
L EGAL FO
486
S , false or un lawfu
l su i t, n or gi ve .
ell es a id
grou n c
prom ote or su e any I WI ·u ne
de lay no ma n 1or mo y o r rn a i i· ce,
m
nor con sen t to the sa :/ as a lawyer accord ing to the b est of
:
and will conduct_ mys .
h all goo d fi de lity as we ll toy t he
c my
knowledg�- an; _d1 t his vol untar ob liga��
:�� ::p::: upon m ys elf
t
a� to my c ien s, a rvati on or pu rpos e of ev as ion . So h el p rn e

re se
without any menta1
God . "
F JU D IC IA L O FF I C ER S
XV. DI SQ UA LI FICATION O
NEW RU LE S OF C OURT
SE CTIONS 1-5, RULE 13 7,
"Section 1. Disqualification of
Judges - No jud ge or
in wh ich he, or his wife
judicial officer sha ll sit in any case
r, leg ate e, cre di tor
or child, is pecuniarily interested as hei
eith er party
or otherwise, or in whi ch he is rela ted to
,
with in the sixth degree of cons ang uini ty or affi nity or to
counsel within the fourth degree, com pute d acco rd in g to
the rules of the civil law, or in which he has been execu tor,
admin istrator, guardian, trustee or cou nsel or i n which
he has presided in any inferior court when this ruling
or decision is the subject of review, without the written
consent of all the parties in interest, si gn ed by them and
entered upon the record.
A judge may, in the exercise of his sound discretion
disqualify himself from sitting in a case, for just or valid
reason other than those mentioned above."
a . Cases: People u. Lopez, 45 O.G. 323 1; Genusa
v. Torr�ns, 55 P�il. 737; In re Impeachmen t of Judge
Flordeliz�, 44 Phil. 608; Alzua v. Johnson, 2 1 Phil. 308;
Del Castillo v. Javellana, 6 SCRA 146 (1962) '· .Paredes v.
Gopengco, 29 SCRA 688 (1969).
"Section 2. Objection that Judge Disqua lified How
Made and Effeet - If it be claime d that an officia .
, . IS
l
disqualified from si· tt·mg as above pro
_ vi_"d: d ' the p �
objecting to his competency ma ,
. Y m wntmg, file with
the official his objection' sta tmg the gro und s therefore ,
and the official shall th reupon pro
ceed with the trial, or
withdraw therefrom ' in :ccord ance . .
wit h hi. s d eter mmatio n
of the question of his disq lifi c tio
.
n. Hi s de cis ion shall
be forthwith made in writ::tg an ; filed
with othe r papers

MISC E LLAN EOU S TO PART IJI 487
P ICS, PLEAD I N
GS • AND FORMS
in the c a se, but no a e al r s tay

by rea son of his dec�� ? shall be allowed from, or
. 1s 0 n in fa va r of his own comp
u nti1 after fin al jud gm e n t 1. n the etency,
1
cas e .,,
a. Cases·. The 1.va
11.1 cz.•
r
ona z.sta Party v. De Vera, 85
Phil . 126 (19 49); Geotina v. Gonzale
s, 4 1 SC RA 66 (197 1).
XVI. A P P O INT ME NT O F NOTARY

PUB L I C
P E RTI N E N T RUL ES OF N OTA RIA L PRACTICE OF 2004

SEC. 1 . Qualifications A not3:1"1al commission may be
issu ed by an Executive Jud g � -a y qu alifi e d person who submits
a petition in a ccord a nce w�it: t� ese . �u l es. To be e l igibl e for
co mmissioning a s nota ry publ 1· c , th e pet1 t1 0ner :
( 1) must be a citizen of the Philippines;
(2) must be over twenty-one (2 1) years of age;
(3) must be a resident in th e Philippin es for at lea st one
(1) y�ar and m�inta ins a regu l ar p lace of work or busine ss in
the city or province where th e commission is to be issued'·
(4) must be a member of the Philippine Bar in good
of
stan ding with cleara nces from the Office of the Ba r Confidant
lippines;
the Sup rem e Court and the Integrated Bar of the Phi
and
in the first instance of
(5) mu st not have been convicted
itude.
an y cri me inv olv ing moral turp
and Supporting Documents.
SE C. 2. Form of th e Pe tit ion
l commission shall be in writing,
- Every pe tit ion for a notaria
following:
verified, an d sh al l include the
o l
) a st at em en t contai ning the petitioner's pers na
(1 sid ce,
ca ti on s, in cl ud in g th e petitioner's d�te of birth, re en
qu al ifi io nal tax receipt, roll of attorn y'
e s
nu m be r, pr ofe ss
te le pho ne
bership number;
n u mbe r an d I B P m em e titioner
rt ifi ca ti on of go od moral chara cte r of th pe �
(2) ce a pte of the
o (2 ) ex ec ut iv e o�cers of the loc� ch
by a t le as t tw lym g for
of th e P h il ip pmes where he 1s a pp
In te grat ed Bar
co mm 1ss 1on ;
e n t fo r th e filing of the petition a s
p aym
(3 ) p ro of of
Rules; and
required by these
Scanned wl1h Comscunner

488
-size color photograph s w i �h li gh t

(4 ) three (3) passport
backgroun d taken w1'thm ' thir ty (3 0) days of the app hc atio11.
. n er s
retouche d . The pe t·1t1o
The photograp h shou Id not be of he p ho tograp l1s. hall
. . par t t
sign his name at th e bottom
. tw
SEC . 3. APP l ica . n Fee . _ Every petitioner for a notarial
. . fee as prescn·be d m· the Rule
commiss10n s l1a11 pa y the application s
of Court.
SEC. 4. Summ ary Hear ing on the Petit ion. -. �he Executive
Judge shall conduct a summ ary hearing on the petition and shall
grant the same if:
(1) the petition is sufficient in form and substance;
(2) the petitioner proves the allegations contained in
the petition; and
(3) the petitioner establishes to the satisfaction of the
Executive Judge that he has read and fully understood these
Rules.
The Executive Judge shall forthwith issue a commission and a
Certificate of Authorization to Purchase a Notarial Seal in favor of
the petitioner.
SEC. 5. Notice of Summary Hearing. -
( 1) The notice of summary hearing shall be published in
a newspaper of general circulation in the city or province where
the hearing shall be conducted and posted in a conspicuous
place in the offices of the Executive Judge and of the Clerk
of Court. The cost of the publication shall be borne by the
petitioner. The notice may include more than one petitioner.
(2) The notice shall be substantially in the following
form;
NOTICE OF HEARING
Notice is hereby given that a sum mary hearing on the petition
for notarial commission of {name of petitioner) shal
l be held on
(date� at (place) at (tim e). Any person who has
any cause or reason
to obJ�:t to the grant of the petition may
file a verified written
opposition thereto, received by the undersi
gned befo re the d ate of
the summ ary hearing.
Executive Judge
scanned with CamScanner

MISCELLANEO US T PART III
O PI CS , PLEAD 489
IN G S, AND FORMS
SE C. 6. Opposit io n t o p
eh.. ho
. n. - AnY person who has
anY cause ?r rea son to object to the
t
verified wr1tt�n opp ositio n thereto . Tr:: of �h_e petition m ay file a
pposit10n must be received
by the Execu tiv e Ju dge before the d ate
of the su m mary hearing
SEC. 7. Form of Not aria l
Com . .on - The commission-
ing of a notary public shall be in a £orx:nm isSi .
a 1 0rder sign
ed by the Execu-
tive Ju dge sub stan tially in the 10
� llowing form :
RE PU BL IC OF TH E PHILIP
PINES
RE GIONAL TRIAL COURT OF
------
This is to _certify_ tha� (name of notary public) of (regu plac
lar e
Qf work or busi ness) in (city or proYince) was on this (date) day of
(month) two tho�san� a�d (year) commissioned by the undersigned
a s a notary public, w1th1n and for the sa id jurisdiction ' for a term
ending the thirty-first day of December (year) .
Executive Judge
SEC. 8. Period of Validity of Certificate of Authorization to
Purchase a Notarial Seal. - The Certificate of Authorization to
Purchase a Notarial Seal shall be valid for a period of three (3)
months from date of issue, unless extended by the Executive Judge.
A mark, image or impression of the se al that may be purchased
by the notary public pursuant to the Certificate shall be presented to
the Executive Judge for approval prior to use.
FOR OT HER INFORMAT ION

urt En Banc in Adm. 156 -
Re ad the resolution of Supreme Co
028-13-SC
FORMS
PETITION FOR APPOINTMENTAS NOTARY
FORM NO. 233,
PUBLIC
C apt ion
PETITIO N
, of legal a ge, and to
- -� --=-=-- - -
CO ME S NOW, - y a lleges:
full
this Honorable Court, respect
. . . en f the Philippines, over twenty-one
°
That he 1s a iz
_________.
1. cit '
g b een bo rn on
(21) years of age havin

MS
L EG A L FO R
490
. cu rrently resi ding at ------, BF

2. Th�t he . is
Cit y, an d hi s la w o ffice is lo ca ted at R .A. s .
Ho me s, Paranaque BF Ho m es, Pa raii aqu e City;
3 El Gr an de Av en u e,
building, 36 .
. orily com plet e d the requ ire d course
3. That he h as sa t1s11ract
Sa n Be da Co lleg e in - - - ------'
in law in
th e b � r Exa mi n� tio n on
4· That he ha s pa sse d
bee n adm itte d to pra ctice law in
_______, an d has sin ce as 8 how n by
the Philippines, with Attorneys Rol l No_. . .
ate of Mem bers hip in the Phi lipp ine Bar , a cop y of whi_ ch
the Certific
is herein attached and marked as Annex "_";
5. That in support of his petition, the petit ioner has attached
herein the following:
(a) Certification of His Admin istrativ e or Disbarm ent
Case issued by the integrated Board of the Philippines , herein
attached as Annex "__" and made integral part h ereof;
(b) Certification of Good Moral Character by at least
two (2) executive officers of the integral Bar of the Philippines,
herein attached as Annex "__" and made integral part hereof;
(c) Three (3) unretouched passport-size colored photo•
graphs with light background within thirty (30) days prior to
this application;
(d) Three (3) specimens of his signatur e and true
impressions of his dry seal, as Annex "-" and m�de integral
part hereof;
(e) His affidavit of no com mis sio n
on any other
jurisdiction .
6. That he desires to be commissio
. ne d as Notary Public for
and 1n _________, and poss
. . esses all the qualifications
and none of the d1sq uahfications for said office
.
WHEREFORE, it is mo st respectf� .
. .11Y pr mbl e
g, an order be issue ayed .of this hu
lU
Court that a fter hearin
petition as Notary Public in the City 0 � grantmg the 1. nstan t
f paranaque.

�11 C ELl ,ANEO UR 'T'O l t� � ' 11 l l
t 1
lUi , I Lli:/\ l ) I N Cl'l 19 1
• /\ N I ) H. >H Mfl
I
Pet it ione r 1 i kcw iA e p r n.�, s r

• or R \1ch c • l
.
.,, a�• l e d t.:PJ1l(' d J\1St. n n ci c>q ui t Il u'-l l' 1. 1 )I ( r rt nd ru rther rP. 1 1· " r nR
\ 1 h e 11rP 1 n ·
IR ('A
R c� p ec t fu l ly su bm it t d .
Pora11aque City,
------
Pe t iti o n er
Ro ll of Att or ne y No .
I BP L�ue .
r t1m e No . - - p PLM Cha -
- - -pte r , __
PTR N o. ___l
, pa ra n- aque C i ty
M C E◄ E mp 1oye___
e No .
_
G - :
o
. _ ___ , _RA _S__ B_u i_J d-i_
ng
363 El ran e Avenu e, B F Hom es, Pa anaq ue C i ty
r
FOR �[ NO. 234. PETITION TO RENEW APPOINTMENT AS

NOTARY PUBLIC
Caption
PETITION
COM:ES NOW, _________ , of legnl age. nnd to
this H onorable Court, respect fully alleges:
J. Th 3 t he i s a citizen of the Philippines, over twenty n
(2 1 ) years of a e h nving been born on _________
2. Tha t he is curr n t ly rcRirl ing n t ______ . BF
Hom , Po rofio qu c City , und h i s lnw offtcp ifl locnt t·d nt R. \$.
bui ldi ng, :363 el Gro nd P Aw• nu P, B F I lomt 'M, Pn rn1111 qm' C'ity :
u in' l eou r�t.'
3. Thn t lw }urn nt isfn ctor i ly rom plt t lld t ht rt'<1
in lo w in San B<•dn CoJl<•g t• in __________ :
m t ion ,,n _____ ,
4. Tha t l w h u JJlt socl tho hnr Exu inn
er•u u d m i t t ocl t o pr nl'l kt lnw i n t ht l 1 hilippi nt �.
and ha H i ne h
Hhnw n t, 1 t l � t C_l• rt i lkt\ � 1 '
with At tnrnoy H1J l l No. ______ , 11tt 1 ' of whlt'h I twr,•m
r, u c 1'
CJf MPml, •r h i p i u t ho J 'hili ppi 1 1 t Hu
u t wch •d u n d rnn l'k •d u s A nuc · •·-";
•tl
Tltn t i n i, u p por t of hiR pot it Io n, t llf 1 1ot l t i o 1 w r ho ut t 1wh1
r,,
h er in t h e foJ lowinrr
1
J\ c l m ini11 t rot i\'1 ,11· Di h1n· nw nt .

. ,.
JCll t i iJU of J l it .
( ll ) C( I ft I .
of ht l h Il l 1 > 1111 11•.i, I H' l'l. ' ll\
. I t i t ••i uto •'rn tt•c l Bon ni t I
C 11 RO �Hs uc• u :y ,. ; n rn d l • in t • n r11l pur t h ,•t·i. ' lf:

u d
a t tac, 1otl ns l\n n<'X - ,

MS
LEGAL FO R
492
. catio. of Good Moral C haract er by at least

(b) Cer tifi n
utiv e offi cers f the inte gral Bar of the Phili p pi ne
two (2) exec
�'-" an d m ade integral part he reo}'.
herein attached as Annex
passp ort-size colored
(c) Thre (3) unretouched
oun d wi thin thirty (30 ) days
photographs w1?th light backgr
prior to this application;
his signature, a �d tru e
(d) . Three · (3) specimens of "
-" and made 1nte gra1
impressions of his dry seaI, as Ann ex
part hereof;
(e) His affidavit of no comm issio n on any other
j uriscliction.
6. That he desires to renew his position as Notary Public
for and in _________ because his position as Notary
Public for year ____, up to _____, has expired and he
desires to renew the said position for year ____ to ____
WHEREFORE, it is most respectfully prayed of this humble
Court that after hearing, an order be issued granting the instant
petition as Notary Public in the City of Paraiiaque.
Petitioner likewise prays for such order and further relief as
may be deemed just and equitable ,in the premises.
Respectfully submitted.
Paraiiaque City, _________
Petitioner
IBP Lifetime No ___ PPLM _C
PTR No __. _.!
.
_h_a-pter ---
-
---c-__, paranaque
c'1. ty
MCE Employee No.
o ___ , _RA _S _B ____
u il
_ __
ng
363 El G � : .
e Avenue, BF_Ho me s, Para que City
cli
.
iia
XVII . PETITIO N FOR RECONSTITU
TI ON OF J UD IC IAL RECORD S
BASIS OF THE PETITION
The basis for the petition m ay eith
er be :
1. Th e true copies of pleading .
of the petitio_ner which were not lost;
and order m the personal file
Scanned wi th CamScanner

Suarez

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Suarez

Uploaded by

Copyright:

Available Formats

- CHAPTER!

THE NOTARIAL LAW

scanned with CamScannet"

Scanned with CamScanner

Scanned with CamScanner

exchange ja received a s evidence in the_ courts o� a 1 1 ci v il i ze

THE RULES ON NOTARIAL PRACTICE OF 2004

2004 RULES ON NOTARIAL PRACTICE

1. COVE RAGE OF LEGAL FORMS

IS FORM REQUIRED FOR VALIDITY

Scanned with CamScanner

4. OTHER INSTANCES WHEN AN AGREEMENT OR A

b. A pled ge shal l not take effect against third persons if a

Sconnod with ComSconnor

or othe r inst ru ment s hall

Sconncd with CilmSc;;:inncr

DEFIN ITIONS AND DISTINCTIONS

1. CONVE�ANCE - A deed whereby the ownership of a real

- Scann�d with CamSr:annP.r

. · r.. "� tlrn f . t h e i 1 r n t 1·1 1 m n 1 1 l w 1 1 fl n w o r n t, 0 l

T:f/JTNESS MY HAND AND NOTARIAL SEAL on the

,,n t i, t h · formn l dccln rHt. i ( n f l l'�l

• 1 l uo 1 11 , e,111 1 t muy I H i m ph " hnn i t r,.ft t t,n l

t,{) t h•• J 1 , , •J, t,f l f l•l j

se ale d wi th tlw no lu ri, d : 1 n l

6. INSTRUMENTS THAT MUST

8. ACKNOWLEDGMENT IS A PERSONAL ACT - An in­

IN WITNESS WHEREOF, I have hereunto set my hand

-- Scanned wilh CamScarmer

Scanned with CamScanner

FORM NO. 3. ACKNOWLEDGMENT OF INSTRUMENT

Scanned with ComScimncr

A C I{N OWL EDGMENT B Y CORPORA�

Scanned with Camscanner

REPUBLI C O F THE PHILIPPINES )

WHAT IS THE MEANING OF "SS" OR SCILICET?

Republic of the Philippines )

. 0f the Philipp ines, more particula rly in

Scanned with CamScanner

Acknowledgments taken outsid

Scanned with CamScanner

g JJ R t· •t , ,r o J Jh, th e ccr U flc u te of lhu n,1 t.,, d r y

lffi c cr t a k i 11g the n c k n o•wJedgmen t Hhs, dJ lr,,�

FORM NO,. 25. AUTHENTICATION OF A DOCUMENT BY

Scanned with CamScanner

EQRM NO . 2 6. AUTHENTICATION OF A DOCUME NT BY

FORM NO. 27. AUTHENTICATION OF ' A DOCUMENT BY

CONSULATE GE NERAL OF THE PHILIPPINES )

Annexed document is - --- ex e cu ted by

Scanned with CamScanner

2. OFFIC IALS AUTH OR IZE D TO ADMINISTER OATH

3. METHOD OF ADMINISTERING AN OATH VARIES

Scanned with CamScanner

Con stitution , execu te

OFFICE OF JUD GES

SUBSCRIBED AND SW �R N to before me

FOR.M Ifil.� OATH OF OFFIC

Sc.Jnned with CamS0;1nner

to the bes t of my ability the d uties . of my present position and

SUBSCRIBED AND SWORN to before me this _ day of

FORM NO. 30. ATTORNEY'S OATH

I, __________ do solemnly swear that I will

Scanned wilh C&mScftnne:,

8. ACKNOWLEDGMENT IS A PERSONAL ACT - An in