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    Legal Forms and Practical Exercises Part 1 5

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    Legal Forms and Practical Exercises Part 1 5

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    Lianne Yishin
    28 views74 pages

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    Legal Forms and Practical Exercises Part 1 5

    Uploaded by

    Lianne Yishin

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    © All Rights Reserved
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    LEGAL FORMS AND PRACTICAL EXERCISES (With Annotations) * Selected Bar Questions on Legal Forms and Practical Exercises + 2019 New Rules of Civil Procedure ‘+ 2019 New Rules on Evidence + Judicial Affidavit Rule + Efficient Use of Paper Rule ‘* 2004 Rules on Notarial Practice Atty. Carmencita M, Caluntad-Dabu Atty. Mary Christine C. Dabu-Pepito Published & Distibuted by REX Book Store 856 Nicanor Reyes, Sr. St Tol. Nos: 8736-05678 739-75 2161-65 Freedom Blég. CM. Recio Avenue “Tel Nos: 52248218522-4107 Philippine Copyright 2021 by wasGxs elec. MARY CHRISTINE C. DABU-PEPITO ISBN 978-621-04-2268-9 No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied indifferent electronic devices orin any other form, for tribution or sale, without the written permission of either of the authors except brief passages in books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation. Any copy of this book without the corresponding number and the signature of either of the authors on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same. ALL RIGHTS RESERVED BY THE AUTHORS, No. A278 pa 4? es Me ain On Cy whoo Ee The practice of the legal profession is very interesting although a burdensome undertaking. Unlike other professions, law practice entails not only in depth knowledge and understanding of the law and mastery of the rules on evidence, criminal and civil procedures, more importantly, it requires of the practitioner eloquence both in speech and in writing. . The written word plays an important role in the life of both the members of the bar and the bench. It has the power not only to communicate but to persuade the decision maker. However, if ‘words are not put together correctly and intelligently, they can be destructive and reduce to futility the purpose for which they were phrased. For this reason, legal writing and legal forms are taught in law school though not as a separate subject, because it is of Paramount importance that the law student polish his ability and skill in the art of writing. There are many books on legal forms that are available in the market today that even the decision to choose which one to buy becomes difficult to make, Each person has a different need. A judge or a seasoned lawyer may prefer a book using sophisticated phraseology but a new member of the bar or a law student may prefer a book with simple and straightforward language. ‘Thus, to be able to capture both clients, the author should be innovative and practical. It is gratifying to noto that tho authors ‘of this book, who are both an active law practitioners had found the time and effort to prepare LEGAL FORMS AND PRACTICAL EXERCISES for publication. ‘This book will prove useful for judges, lawyers, bar candidates, ‘and law students. The added benefit of this book is the appendices ‘wich as the 2004 Rules on Notarial Practice, 2019 Amended Rules ‘on Civil Procedure and 2019 Amended Rules on Evidence. ATTY. ANTONETTE L. FERNANDEZ Former Vice-President for Internal Audit Service Group, Social Security System ii JURAT AND ACKNOWLEDGMENT FORM NO. 1 - Signature Portion of the Notary Publie. FORM NO. 2~ Jurat —Affiant is personally known to the notary public FORM NO. 3 — Affiant is stranger to notary public, sith yal evidence of identity .. ‘FORM NO. 4 ~ Affiant is personally known to the notary public but blind, illiterate or physically impaired to affix his signature to the document/instrument; but with credible witnesses who are not privy to the affidavit. FORM NO. 5 ~ Affiant is not personally known to the notary public but blind, illiterate or physically impaired to affix his ‘signature to the document/instrument, ‘with competent evidence of identity and with two (2) credible witnesses who are not privy to the affidavit. FORM NO. 6 ~ Jurat in Filipino language FORM NO. 7 ~ Affiant is stranger to notary public ‘without competent evidence of identity; 10 10 uw ary 12 13 but with at least two (2) credible witnesses who personally know the affiant, but are not personally known to the notary public and not privy to the affidavit FORM NO. 8 - Affiant is stranger to notary public and without valid evidence of identity; ‘but with credible witness who personally knows the affiant and said witness is personally known to the notary public and not privy to the affidavit... FORMS OF ACKNOWLEDGMENT. FORM NO. 9 — Signatory is personally known to the notary public. FORM NO. 10 - Principal is stranger to notary public with valid evidence of identity FORM NO. 11 — Principal is stranger to notary public without valid evidence of identity; but with a credible witness who knows the principal and personally known to the notary publie ‘and not a privy to the instrament. FORM NO. 12 ~ Agent/representative who signed the document is personally known ta notary public eo FORM NO. 13 — Agent/representative is stranger to notary public with valid evidence of identity... FORM NO. 14 ~ Agent/representative is stranger to notary public without valid evidence of identity; but with credible witness who personally knows the principal and ‘personally known to the notary public and not privy to the instrument... FORM NO. 15 — Agent/representative is stranger ‘to notary public without valid evidence of identity; but has two (2) credible ‘witnesses who personally know the principal with valid evidence of identity ‘and are not privy to the instrument 13 4 16 15 15 16 Ww Ww 18 19 FORM NO. 16 — Acknowledgment when principal is personally known to the notary publie but physically impaired to affix his signature to the instrument FORM NO. 17 - Notary Public is authorized to sign for and in behalf of a person who is physically impaired to sign or make a mark on the instrument .. FORM NO. 18 £ dekoontelytet by two or more parties. FORM NO. 19 — Acknowledgment by a Corporation, FORM NO. 20 — Acknowledgment where parties are Corporations... FORM NO. 21 — Acknowledgment of document with two or more pages and with two ‘or more parties FORM NO. 22 — Acknowledgment of An Extra ‘Judicial Settlement of the estate of FORM NO. 23 — Acknowledgment of an Extra- juditial Settlement and Partition of the Estate of deceased person in Filipino Language (Kasunduan ng Paghahati ng Ari-Arian ng Namatay sa Labas ng Hukuman).. FORM NO. 24 ~ Acknowledgment of a Notarial Will. PARTI AFFIRMATION OR OATH; COPY CERTIFICATION; CERTFICATION AND ATTESTATION AFFIRMATION OR OATH COPY CERTIFICATION, ATTESTATION/CERTIFICATION. FORM NO. 25 — Oath or Affirmation of Credible Witness/Witnesses . FORM NO. 26 ~ Copy Certification .. 26 27 30 31 31 FORM NO. 27 ~ Stockholders’ Certificate (approving the Sale of the shares of stock and assets of the Corporation and the Agreement) . FORM NO. 28 - Certification of the Board of Directors and the Corporate Secretary on Amendment of By-Laws of the FORM NO, 29 — Corporate Secretary's Certification ‘of no pending intra-corporate dispute. FORM NO, 30 Attestation in Judicial Affidavit of the Lawyer who conducted or supervised the examination of witness PART Ill AFFIDAVIT AFFIDAVIT ..... ‘What is a judicial affidavit ‘What is judicial affidavit under the Judicial Affidavit Rule (A.M. 12-8-8-SC) FREQUENTLY ASKED QUESTIONS ON JUDICIAL AFFIDAVIT. FORM NO. 81 ~ Simple Affida FORM NO. 82 ~ Affidavit In Filipino Language. FORM NO. 83 ~ Affidavit of two or more persons. FORM NO. 94 — Affidavit of Publication nn FORM NO. 35 ~ Affidavit of Loss of Owner's Copy of Transfer Certificate of Title FORM NO, 36— Another Form of Affidavit of Loss FORM NO. 37 ~ Affidavit of Desistance in Criminal Case. FORM NO. 38 ~ Affidavit of Quitclaim and Release FORM NO. 39 - Affidavit of Service .. FORM NO. 40 — Affidavit of Waiver of Rights (over the separate property of spouse ie 33 37 S38 48 FORM NO. 41 ~ Affidavit of Adjudication as Sole Hein FORM NO. 42 ~ Affidavit of Discrepancy. FORM NO. 43 — Affidavit of Two Disinterested Persons FORM NO. 44 ~ Affidavit of Good Faith FORM NO. 45 — Affidavit of Consolidation in Deed of Sale With Right to Repurchase (Pacto de Retro Sale). FORM NO. 46 ~ Affidavit of Merit... FORM NO. 47 ~ Judicial Affidavit PART IV - AUTHORIZATION; APPOINTMENT OF AGENT OR BROKER FORM NO. 48 ~ Authorization Letter. FORM NO. 49 - Partners’ Resolution authorizing Partner to represent law firm to purchase motor vehicle and apply for a loan for ‘that purpose FORM NO. 50 — General Power Of Attorney. FORM NO. 51 ~ SPECIAL POWER OF ATTORNEY... FORM NO. 52 — SPECIAL POWER OF ATTORNEY (Authorizing counsel to appear and represent the client [individual] in the Pre-trial conference) FORM NO. 53 — Corporate Secretary's Certificate (Authorizing corporate officers to file and prosecute cases filed by or against the Corporation and to appear and represent Corporation in the preliminary and /or Pre-trial conference of the said cases.) FORM NO. 54 — Appointment of Broker FORM NO. 55 ~ Simple Form of Appointment of Broker. FORM NO. 56 ~ Letter Form of Appointment of Broker. xiii 67 68 70 1 73 6 7 Important Notes a FORM NO. 57 Appointment of Stock Agent ‘To Trade in Stock FORM NO. 58 ~ Revocation of Power of Attorney . 19 PART V DEEDS AND CONVEYANCING Sale FORM NO. 59 - Unilateral Deed of Sale of ‘Motor Vehicle FORM NO. 60 — Simple Form of Sale of Personal Property FORM NO. 61 — Sale of Personal Property with Chattel Mortgage FORM NO. 62 — Bulk Sale of Business FORM NO. 63 ~ Deed of Sale of Registered Lot.. FORM NO. 64 — Deed of Sale of Unregistered Land .. FORM NO. 65 — Deed of Sale of Condominium Unit. FORM NO. 66 — Deed of Sale with Mortgage. FORM NO. 67 — Deed of Sale with Assumption of Mortgage. FORM NO. 68 ~ Sale of Bone Vault with option to use cemetery lawn lot for interment purposes only for a fixed period. FORM NO. 69 — Deed of Exchange of Property... ORM NOJT0.— Deed of Assigamant in payin of an indebtedness... FORM NO. 71 — Contract to Sell FORM NO. 72 ~ Deed of Conditional Sale of ‘Real Property FORM NO. 73 — Deed of Sale with Escrow .. FORM NO. 74~ Escrow Instructions on Sale of Several Parcels of Land m1 FORM NO. 75 — Deed of Transfer of Shares of Stock... 114 102, 103 104 xiv FORM NO. 76 ~ Deed of Sale with Right to ‘Repurchase ‘Lease Contract: FORM NO. 77 ~ Lease of Residential Property FORM NO. 78 - Contract of Lease with Option to Purchase... Donation: FORM NO. 79 ~ Donation - Take effect during the Lifetime of Donor (inter vivos) FORM NO. 80 — Donation to Take Effect After Death of the Donor (Mortis Causa). FORM NO. 81 — Donation with Condition Mortgage: FORM NO. 82 — Chattel Mortgage. FORM NO, 83 ~ Cancellation of Chattel Mortgage FORM NO. 84~ Real Estate Mortzage — Simple form. FORM NO. 85 ~ Release of Real Estate Mortgage. FORM NO. 86 ~ Release of Mortgage in Filipino.. Pledge: y FORM NO. 87 - Pledge to secure an indebtedness. PART VI ‘SETTLEMENT OF THE ESTATE; WILLS AND TESTAMENT ‘Extra-Judicial Settlement of the Estate: FORM NO. 88 - Simple Form of Extra-Judicial Settlement ....... FORM NO. 89 - Settlement of the Estate by Sole Hei FORM NO. 90 ~ Settlement of the Estate With Donation/Waiver of Rights ~ (some heirs are represented by co-heir) FORM NO. 91 ~ Extra-judicial Settlement in Filipino 115 16 120 122 123 125 127 128 129 130 131 134 136 137 139 . Notarial Will and Codicit FORM NO. 104 ~ Petition for Adoption of an hi a = ‘Abandoned Child.. pate! 441 FORM NO. 105 — Petition for Habeas Data - Filed 143 to produce the data or information which was the basis of the charge and detention FORM NO. 92 — Notarial Will ~ Spouse a1 Children... FORM NO. 93 — Codicil ofa person PART Vil CONTRACT OF SERVICES FORM NO. 106 — Petition for Issuance of Second Owner's Copy of Title ~ (Lost of Owner's FORM NO, 94- Project Employment with Training... 144 Copy FORM NO. 98 — Hauling Service Agreement...» 149 Motions FORM NO. 96 — Retainer Agreement. 158 FORM NO. 107 For default ~ Defendant despite receipt of summons, failed to file his answer PART Vill to the complaint despite lapse of period to OTHER CONTRACTS AND AGREEMENTS do so z ea z 163 FORM NO. 108 — Motion to Archive ~ Summons was EQS P NO, 27. Distelbction, Agrneoent not served upon the defendant because FORM NO. 98 ~ Franchise Agreement... + 167 he could not be found at given address ...eu. FORM NO. 99 — Joint Venture Agreement. 181 FORM NO. 109 Omnibus Motion (to revive FORM NO. 100 — Non-Disclosure of Trade Secrets... 184 an archived ease and to ask for additional PART IX FORM NO. 110 - Satisfaction of Judgment - PLEADINGS AND MOTIONS Defepdant paid the subject obligation after the court sion . a aattbinid: td 1 the court rendered a decision Se FORM NO. 111 — Dismissal of the case by plaintiff a. Complaints/Petition: Defendant paid the subject obligation FORM NO. 101 — For Sum of Money — basis of the after the case is filed but before service claim is Promissory Note executed by of summons. “A the defendant... carte a FORM NO. 112~ Execution of Final and FORM NO. 102 ~ Petition for Insolvency - Petitioner Bxecutory Judgment erin corporation has no more assets or property reer: cic! asd Walsans

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