BASIC LEGAL

FORMS
NOTARIAL
CERTIFICATES
JURAT
 It is that part of an affidavit in which the officer certifies that the instrument
was sworn to before him. It is not part of the affidavit.
 It is executed by the notary public and certifies that the same was sworn
before him.
 It is used in any notarized document that is declaratory in nature, such as:
a. Affidavits
b. Certifications
c. Whenever the person executing the document makes a statement of facts
or attests to the truthfulness of an event, under oath.
WHAT ARE THE CONTENTS OF
A JURAT?
1. The Notary’s declaration regarding when and where the person took an oath or affirmation as to the document
or instrument and his competent evidence of identity, bearing his picture and signature was presented.
2. The identity of the notary public with the following:
1. Complete Name of the Notary Public
2. Place of Commission
3. Appointment Number
4. Expiration Date of the Notarial
5. Commission
6. Roll Number
7. PTR Number
8. IBP Number Office Address

3. The details of the Notarial Register:

1. Document Number
2. Page Number
3. Book Number
4. Series Number (year)
ACKNOWLEDGMENT
 Acknowledgment is a statutory act such that only those
instruments that are required by law to be acknowledged
shall be acknowledged; it is also a personal act such that it
cannot be acknowledged by a person other than the one
who executed it.
WHAT ARE THE CONTENTS OF
AN ACKNOWLEDGMENT?
1. Title of the notarial act;
2. Place of execution;

3. Date;

4. Name of person acknowledging the document (as well as name/s of the entity/ies being represented, if such is the case);

5. Competent evidence of identity presented;

6. Date and place of issue of the competent evidence of identity presented;
7. Acknowledgment made to the notary public that it is the person’s voluntary act and deed;

8. Type of document executed and number of pages;

9. Notarial certificate;
10.Identity of notary public;
11.Details of the notarial register; and

12.If executed in a representative capacity, a statement to that effect

VERIFICATION AND
CERTIFICATE OF NON-
FORUM SHOPPING
WHAT IS VERIFICATION?
 It is a statement, under oath that the pleading is true. It includes both the actual swearing to the
truth of the statements by the subscriber and also the certification thereto by the notary or
other officer authorized by law to administer oaths.
 Verification is necessary only when the law or rule specifically requires it. Example, under the
Rules of Court, verification is necessary in the following pleadings:
 Complaint and other initiatory pleadings
 Answer, if there are actionable documents
 Petition for review under Rule 42, RRC
 Appeal from CTA and quasi- judicial agencies to the CA (Rule 43, RRC)
 Appeal by certiorari under Rule 45, RRC
 Certiorari, prohibition and mandamus (Rule 65, RRC)
WHAT ARE THE CONTENTS OF
VERIFICATION?
It contains a statement that an affiant has read
the pleading, that he has caused the preparation
of said pleading and that the allegations therein
are true and correct based on authentic records
and of his personal knowledge.
WHAT IS A CERTIFICATE OF
NON-FORUM SHOPPING?
 It is a certification under oath in the complaint or other initiatory pleading asserting a claim for
relief, and simultaneously filed therewith, where the party:
 a. Certifies that he has not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge,
no such other action or claim is pending. O
 b. If there is such other pending action or claim, gives a complete statement of the present
status thereof
 c. Undertakes that if he should 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 therefrom to the court
wherein his aforesaid complaint or initiatory pleading has been filed.
EFFECTS OF ABSENCE OF
VERIFICATION
 As to verification, non-compliance therewith or a defect therein does not
necessarily render the pleading fatally defective. The Court may order its
submission or correction or act on the pleading if the attending circumstances
are such that strict compliance with the Rule may be dispensed with in order
that the ends of justice may be served thereby.
 Verification is deemed substantially complied with when one who has ample
knowledge to swear to the truth of the allegations in the complaint or petition
signs the verification, and when matters alleged in the petition have been made
in good faith or are true and correct.
EFFECTS OF CERTIFICATE OF NON-
FORUM SHOPPING
 As to certification against forum shopping, non-compliance therewith or a defect therein,
unlike in verification, is generally not curable by its subsequent submission or correction
thereof, unless there is a need to relax the Rule on the ground of “substantial compliance” or
presence of “special circumstances or compelling reasons.”
 The certification against forum shopping must be signed by all the plaintiffs or petitioners in a
case; otherwise, those who did not sign will be dropped as parties to the case. Under
reasonable or justifiable circumstances, however, as when all the plaintiffs or petitioners share
a common interest and invoke a common cause of action or defense, the signature of only one
of them in the certification against forum shopping substantially complies with the Rule.
 Finally, the certification against forum shopping must be executed by the party-pleader, not by
his counsel. If, however, for reasonable or justifiable reasons, the party-pleader is unable to
sign, he must execute a Special Power of Attorney designating his counsel of record to sign on
his behalf.
AFFIDAVITS
WHAT IS AN AFFIDAVIT?
 It is an ex parte statement in writing made under oath
before a notary public or other officer authorized to
administer oaths, about facts which the affiant either
knows of his personal knowledge or is aware of to the best
of his knowledge.
WHAT ARE THE PARTS OF A TYPICAL
SWORN STATEMENT OR AFFIDAVIT?
1. Venue
2. Title
3. Person
4. Oath
5. Statement
6. Signature
7. Jurat
POWER OF
ATTORNEY
HOW IS A GENERAL POWER OF
ATTORNEY DIFFERENT FROM SPECIAL
POWER OF ATTORNEY?
 A special power of attorney is a very limited power of
attorney as it allows the Attorney-in-Fact to do only those
things specified by the principal. The authority granted is
usually very limited and clearly defined in the power of
attorney form.
 A general power of attorney allows the Attorney-in- Fact to
do anything the principal would legally be able to do in his
name.
WHAT ARE THE PARTS OF A
GENERAL POWER OF ATTORNEY?
1. Venue and Title
2. Personal Circumstance
3. Appointment operative words
4. Power
5. Granting authority operatives
6. Acknowledgment
WHAT ARE THE PARTS OF A
SPECIAL POWER OF
ATTORNEY?
1. Venue and Title
2. Personal Circumstance
3. Appointment operative words
4. Power
5. Granting authority operatives
6. Acknowledgment
NEGOTIABLE
INSTRUMENTS
PARTNERSHIP
AND
CORPORATION
FORMS
WHAT ARE THE CONTENTS OF
AN ARTICLES OF PARTNERSHIP?
1. Personal circumstances of the partners
2. Name of partnership
3. Purposes of partnership
4. Principal Office address
5. Managing partner and duties
6. Term of existence
7. Capital contribution of each partner
8. Division of profits
9. Salary of managing partner
10. Dissolution of partnership

11. Joint Acknowledgment

WHAT ARE THE PARTS OF THE
ARTICLES OF LIMITED
PARTNERSHIP?
1. Personal circumstances of partners
2. Name of limited partnership should always be accompanied by LTD after the name
3. Purposes of limited partnership
4. Principal place of business
5. Term of existence
6. Capital contribution
7. Designation and salary of general partner
8. Division of profits
9. Joint Acknowledgment
SIMPLE
CONTRACTS
WHAT ARE THE PARTS OF A CONTRACT
OF LEASE OF PERSONAL PROPERTY?
1. Title
2. Announcement
3. Parties
4. Conditions or terms
5. Signatures
6. Acknowledgement
WHAT ARE THE PARTS OF
CONTRACT OF LEASE OF
REAL
1. Title
PROPERTY?
2. Announcement
3. Parties
4. Whereases
5. Agreement proper
6. Conditions or terms
7. Signatures
8. Acknowledgement
WHAT ARE THE TYPICAL
PARTS OF A DEED?
1. Title
2. Announcement
3. Party one
4. Consideration
5. Act or Conveyance
6. Party two
7. Signatures
8. Acknowledgment
NOTICE OF
HEARING AND
EXPLANATION
LEGAL OPINION
HOW TO WRITE A LEGAL
OPINION
 Ascertain the purpose for which your client seeks your opinion;
 Do pre-work.
 Get all the facts you need for
 forming a competent opinion;
 Make a summary of the relevant facts of the case and
 put them in correct sequence.
 Identify the issues that have to be resolved and rough out the arguments that support your
 thesis; (Ibid.)

 After pre-work, do write up.

PARTS OF A LEGAL OPINION
1. HEADING AND INTRODUCTION;
2. BACKGROUND FACTS THAT ADEQUATELY INTRODUCE THE ISSUES IN THE CASE;
1. The Statement of the Case
1. To provide a clear and concise statement of the nature of the action.
- it describes the nature of the action and the proceedings it had gone through.
2. b. The Statement of Facts
1. To provide a background of the transaction or event involved to enable the court or reader to see the issues in the proper
context.
2. narrates the transaction or event that created the legal dispute and led to the filing of the suit.

3. THE POSITION YOU TAKE ON THOSE ISSUES;

1. State the issue or issues – this is the query in which the client seeks out your opinion concerning the facts
surrounding the issue.
2. State the position you take on those issues - This is the part where you answer the query, answering based on
relevant laws and jurisprudence.
4. THE ARGUMENTS THAT MAY BE MADE AGAINST YOU;
5. ARGUMENTS IN YOUR FAVOR; AND
6. CONCLUSION AND RECOMMENDATION (WHAT YOU WHAT YOUR READER TO UNDER
THE CIRCUMSTANCES)
ASSIGNMENT
 Make the following affidavits:

1. Affidavit of Loss (ATM);

2. Affidavit of Change of Name;
3. Joint Affidavit of Two Disinterested Persons ;
4. Affidavit of Discrepancy;
5. Affidavit of Consent and Support;
6. Affidavit of Service-- Rule 13 of the Rules of Court;
7. Affidavit of Preliminary Attachment; and
8. Affidavit to Use Surname of Father/Acknowledgment

 Submit it on or before 20 February 2022 (Sunday) at 4:00 in the afternoon.

 Email it to atty.shajani@gmail.com