Legal Forms Manual
February 15, 2017 | Author: Joseph Rinoza Plazo | Category: N/A
Short Description
Legal Forms Manual...
Description
2nd
Semester
08/09
Legal
Forms
Manual
Submitted
by
Ateneo
Law
3D
SY
’08‐‘09
An
indispensible
tool
guide
for
the
law
student
and
the
practicing
lawyer,
this
manual
covers
the
different
basic
legal
forms
as
well
as
the
quintessential
legal
forms
used
in
both
corporate
and
litigation
practice.
Aguinaldo
and
Temprosa
(ed.),
Aquino,
I.,
Aquino,
T.,
Austria,
Bandong,
Bautist Bisnar,
Chotrani,
Concepcion,
Cruz,
Dino,
Enriquez,
Fernandez,
Flores,
Gan,
G Gonzales,
Hosaka,
Labaguis,
Laurente,
Lee,
Lim,
Macasaet,
Martinez,
Nepomucen Oberio,
Pano,
Penaflorida,
Reyes,
Sabio,
Salvahan,
Sandico,
Singson,
Tan,
E.,
Ta L.,
Teehankee,
Verzosa,
Zuniga
a o o n
, , , ,
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
2
CHAPTER 1: JURISDICTION
What
is
JURISDICTION?
Authority
given
by
law
to
a
court
or
tribunal
to
hear
and
determine
certain
controversies
involving
rights
which
are
legally
demandable
and
enforceable
It
is
the
legal
authority
to
hear
and
determine
a
cause
or
the
right
to
act
in
a
case.
What
is
its
SIGNIFICANCE
to
LEGAL
FORMS?
It
is
important
to
know
which
court
has
jurisdiction
over
the
particular
case
a
lawyer
is
handling
in
order
to
determine
where
proceedings
should
be
initiated.
KINDS
OF
JURISDICTION
According
to
Types
of
Cases
Tried
General
jurisdiction
‐
extends
to
all
controversies
which
may
be
brought
before
a
court
within
the
legal
bounds
of
rights
and
remedies
Limited
or
Special
jurisdiction
‐
confined
to
particular
cases,
and
can
be
exercised
only
under
the
circumstances
prescribed
by
the
statute
According
to
Power
of
Review
Original
‐
exercised
in
the
court
at
first
instance
Appellate
‐
power
and
authority
conferred
upon
a
superior
court
to
re‐hear
and
determine
causes
which
have
been
tried
in
inferior
courts
According
to
Extent
of
Exercise
Exclusive
‐
confined
to
a
particular
tribunal
or
grade
of
courts
and
possessed
by
it
to
the
exclusion
of
others
Concurrent
‐
exercise
by
different
courts
at
the
same
time
over
the
same
subject
matter
and
within
the
same
territory,
and
wherein
litigants
may,
in
the
first
instance,
resort
to
one
of
them
indifferently
(but
taking
into
consideration
the
doctrine
of
judicial
hierarchy)
According
to
Situs
Territorial
Jurisdiction‐
exercised
within
the
limits
of
the
place
where
the
court
is
located
Extra‐territorial
Jurisdiction
‐
exercised
beyond
the
confines
of
the
place
where
the
court
is
located
IMPORTANT
PRINCIPLES
TO
REMEMBER
Doctrine
of
Ancillary
Jurisdiction
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
3
Involves
the
inherent
or
implied
powers
of
the
court
to
determine
issues
incidental
to
the
exercises
of
its
primary
jurisdiction
Under
its
ancillary
jurisdiction
the
court
may
determine
all
questions
relative
to
the
matters
brought
before
it,
regulate
the
manner
in
which
a
trial
shall
be
conducted,
determine
the
hours
at
which
the
witnesses
and
lawyers
may
be
heard,
appoint
a
receiver
etc.
Policy
of
Judicial
Hierarchy
The
higher
court
will
not
entertain
direct
resort
to
it
unless
the
redress
desired
cannot
be
obtained
in
the
appropriate
lower
courts.
For
example,
although
the
Supreme
Court,
Court
of
Appeals
and
Regional
Trial
Courts
have
concurrent
original
jurisdiction
to
issue
writs
of
certiorari,
prohibition
and
mandamus,
the
application
should
still
be
filed
with
the
lower
court
unless
the
importance
of
the
issue
involved
deserves
action
of
the
court
of
higher
level.
Doctrine
of
Primary
Jurisdiction
When
an
administrative
body
is
tasked
with
the
determination
of
facts
relating
to
a
special
or
technical
filed,
the
courts
must
give
such
body
the
opportunity
to
do
so
before
proceeding
with
judicial
action.
Doctrine
of
Adherence
of
Jurisdiction
Once
jurisdiction
is
vested
in
a
court,
it
is
retained
by
such
until
the
end
of
litigation
regardless
of
circumstances
that
would
have
prevented
the
continued
exercise
of
jurisdiction
by
the
court.
Hence,
a
law
enacted
during
the
pendency
of
a
case
which
transfers
jurisdiction
to
another
court
does
not
affect
cases
already
pending
prior
to
its
enactment.
Exceptions:
1. When
the
law
expressly
provides
for
retroactive
application
2. When
the
change
of
jurisdiction
is
curative
in
nature
3. When
there
is
a
perfected
appeal,
here,
jurisdiction
is
transferred
to
the
appellate
court
Exclusionary
Principle
The
court
first
acquiring
jurisdiction
exercises
it
to
the
exclusion
of
all
others.
JURISDICTION
OF
DIFFERENT
COURTS,
TRIBUNALS
AND
QUASI‐JUDICIAL
AGENCIES1
Jurisdiction
over
Civil
Cases
1
Feria
Noche,
Civil
Procedure
Annotated,
Volume
1,
2001
Ed.
Ateneo
Remedial
Law
Bar
Reviewer
2007.
1987
Constitution.
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
4 Civil
Cases
Municipal
Trial
Courts
Regional
Trial
Courts
Original
&
Exclusive
Jurisdiction
1.
Civil
actions
and
probate
proceedings,
testate
and
intestate,
including
the
grant
of
provisional
remedies
in
proper
cases,
where
the
value
of
the
personal
property,
estate,
or
amount
of
the
demand
does
not
exceed
P300,000,
or
in
Metro
Manila,
where
such
personal
property,
estate
or
amount
of
the
demand
does
not
exceed
P400,000
N.B.Exclusive
of
interest,
damages
of
whatever
kind,
attorney's
fees,
litigation
expenses,
and
costs,
the
amount
of
which
must
be
specifically
alleged:
Provided,
That
where
there
are
several
claims
or
causes
of
action
between
the
same
or
different
parties
embodied
in
the
same
complaint,
the
amount
of
the
demand
shall
be
the
totality
of
the
claims
in
all
the
causes
of
action,
irrespective
of
whether
the
causes
of
action
arose
out
of
the
same
or
different
transactions
2.
Admiralty
and
maritime
cases
where
the
demand
or
claim
does
not
exceed
P300,000,
or
in
Metro
Manila,
where
such
demand
does
not
exceed
P400,000.
Where
there
are
several
claims
or
causes
of
action
between
the
same
or
different
parties
embodied
in
the
same
complaint,
the
amount
of
the
demand
shall
be
the
totality
of
the
claims
in
all
the
causes
of
action
irrespective
of
whether
the
causes
of
action
arose
out
of
the
same
or
different
transactions
3.
Forcible
entry
and
unlawful
detainer:
Provided,
That
when
in
such
cases,
the
defendant
raises
the
question
of
ownership
in
his
pleadings
and
the
question
of
possession
cannot
be
resolved
without
deciding
the
issue
of
ownership,
the
issue
of
ownership
shall
1.
All
civil
actions
in
which
the
subject
of
the
litigation
is
incapable
of
pecuniary
estimation
2.
All
civil
actions
which
involve
the
title
to,
or
possession
of,
real
property,
or
any
interest
therein,
where
the
assessed
value
of
the
property
involved
exceeds
P20,000,
or
for
civil
actions
in
Metro
Manila
where
such
value
exceeds
P50,000,
except
actions
for
forcible
entry
into
and
unlawful
detainer
of
lands
or
buildings,
original
jurisdiction
over
which
is
conferred
upon
Metropolitan
Trial
Courts,
Municipal
Trial
Courts,
and
Municipal
Circuit
Trial
Courts
3.
All
actions
in
admiralty
and
maritime
jurisdiction
where
the
demand
or
claim
exceeds
P300,000,
or
in
Metro
Manila,
where
such
demand
or
claim
exceeds
P400,000
4.
All
matters
of
probate,
both
testate
and
intestate,
where
the
gross
value
of
the
estate
exceeds
P300,000,
or
in
probate
matters
in
Metro
Manila,
where
such
gross
value
exceeds
P400,000
5.
Corporate
suspension
of
payments
and
rehabilitation
proceedings
in
pursuance
of
the
Securities
Regulation
Code
N.B.
The
Securities
and
Exchange
Commission
shall
retain
jurisdiction
over
pending
suspension
of
payment
cases
or
rehabilitation
cases
filed
on
or
before
June
30,
2000
until
finally
disposed
of
or
until
the
termination
of
the
liquidation
proceedings.
(R.A.
No.
8799)
6.
All
cases
not
within
the
exclusive
jurisdiction
of
any
court,
tribunal,
person
or
body
exercising
jurisdiction,
or
any
court,
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
5
Original
&
Exclusive
Jurisdiction
1.
Civil
actions
and
probate
proceedings,
testate
and
intestate,
including
the
grant
of
provisional
remedies
in
proper
cases,
where
the
value
of
the
personal
property,
estate,
or
amount
of
the
demand
does
not
exceed
P300,000,
or
in
Metro
Manila,
where
such
personal
property,
estate
or
amount
of
the
demand
does
not
exceed
P400,000
N.B.Exclusive
of
interest,
damages
of
whatever
kind,
attorney's
fees,
litigation
expenses,
and
costs,
the
amount
of
which
must
be
specifically
alleged:
Provided,
That
where
there
are
several
claims
or
causes
of
action
between
the
same
or
different
parties
embodied
in
the
same
complaint,
the
amount
of
the
demand
shall
be
the
totality
of
the
claims
in
all
the
causes
of
action,
irrespective
of
whether
the
causes
of
action
arose
out
of
the
same
or
different
transactions
2.
Admiralty
and
maritime
cases
where
the
demand
or
claim
does
not
exceed
P300,000,
or
in
Metro
Manila,
where
such
demand
does
not
exceed
P400,000.
Where
there
are
several
claims
or
causes
of
action
between
the
same
or
different
parties
embodied
in
the
same
complaint,
the
amount
of
the
demand
shall
be
the
totality
of
the
claims
in
all
the
causes
of
action
irrespective
of
whether
the
causes
of
action
arose
out
of
the
same
or
different
transactions
3.
Forcible
entry
and
unlawful
detainer:
Provided,
That
when
in
such
cases,
the
defendant
raises
the
question
of
ownership
in
his
pleadings
and
the
question
of
possession
cannot
be
resolved
without
deciding
the
issue
of
ownership,
the
issue
of
ownership
shall
be
resolved
only
to
determine
the
issue
of
possession
4.
Civil
actions
which
involve
title
to,
or
possession
of,
real
property,
or
any
interest
therein,
where
the
assessed
1.
All
civil
actions
in
which
the
subject
of
the
litigation
is
incapable
of
pecuniary
estimation
2.
All
civil
actions
which
involve
the
title
to,
or
possession
of,
real
property,
or
any
interest
therein,
where
the
assessed
value
of
the
property
involved
exceeds
P20,000,
or
for
civil
actions
in
Metro
Manila
where
such
value
exceeds
P50,000,
except
actions
for
forcible
entry
into
and
unlawful
detainer
of
lands
or
buildings,
original
jurisdiction
over
which
is
conferred
upon
Metropolitan
Trial
Courts,
Municipal
Trial
Courts,
and
Municipal
Circuit
Trial
Courts
3.
All
actions
in
admiralty
and
maritime
jurisdiction
where
the
demand
or
claim
exceeds
P300,000,
or
in
Metro
Manila,
where
such
demand
or
claim
exceeds
P400,000
4.
All
matters
of
probate,
both
testate
and
intestate,
where
the
gross
value
of
the
estate
exceeds
P300,000,
or
in
probate
matters
in
Metro
Manila,
where
such
gross
value
exceeds
P400,000
5.
Corporate
suspension
of
payments
and
rehabilitation
proceedings
in
pursuance
of
the
Securities
Regulation
Code
N.B.
The
Securities
and
Exchange
Commission
shall
retain
jurisdiction
over
pending
suspension
of
payment
cases
or
rehabilitation
cases
filed
on
or
before
June
30,
2000
until
finally
disposed
of
or
until
the
termination
of
the
liquidation
proceedings.
(R.A.
No.
8799)
6.
All
cases
not
within
the
exclusive
jurisdiction
of
any
court,
tribunal,
person
or
body
exercising
jurisdiction,
or
any
court,
tribunal,
person
or
body
exercising
judicial
or
quasi‐judicial
functions
7.
All
other
cases
in
which
the
demand,
exclusive
of
interest,
damages
of
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
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’08‐‘09
6
Special
Petition
for
Habeas
Corpus
or
application
for
bail
in
criminal
cases
in
the
city
or
province
where
the
Regional
Trial
Court
judge
is
absent
Appellate
The
Supreme
Court
may
designate
certain
branches
of
the
Regional
Trial
Court
to
try
exclusively
criminal
cases,
juvenile
and
domestic
relations
cases,
and
agrarian
and
urban
land
reform
cases
not
falling
within
the
jurisdiction
of
any
quasi‐judicial
body
and
other
special
cases
in
the
interest
of
justice
Cases
decided
by
the
lower
courts
in
their
respective
territorial
jurisdiction
Jurisdiction
over
Criminal
Cases
Criminal
Municipal
Trial
Court
Cases
1.
Those
offenses
punishable
with
imprisonment
not
exceeding
six
(6)
years
regardless
of
the
fine,
accessory
penalties
and
civil
liability
2.
Those
involving
criminal
negligence
resulting
to
damage
to
property
Original
3.
Those
offenses
where
a
fine
not
and
Exclusive
exceeding
P4,000
is
the
only
penalty
Jurisdiction
4.
Those
offenses
covered
by
the
Rules
on
Summary
Procedure:
a. Violations
of
traffic
laws,
rules
and
regulations
b. Violations
of
rental
laws
c. Violations
of
city
or
municipal
ordinances
d. Violations
of
the
Bouncing
Check
Law
(B.P.
Blg.
22)
e. All
other
criminal
cases
where
the
penalty
is
imprisonment
not
exceeding
six
(6)
months
and/or
P1,000
fine
irrespective
of
other
penalties
or
civil
liabilities
there
from
and
offenses
involving
damage
to
property
through
criminal
negligence
where
the
Regional
Trial
Court
1.
Criminal
cases
not
within
the
exclusive
jurisdiction
of
any
court,
tribunal
or
body,
more
particularly:
a.
Those
offenses
punishable
by
imprisonment
exceeding
six
(6)
years
regardless
of
the
fine,
accessory
penalties
and
civil
liability
b.
Criminal
cases
not
falling
within
the
exclusive
jurisdiction
of
the
Sandiganbayan
where
none
of
the
accused
are
occupying
positions
in
the
government
corresponding
to
salary
grade
27
2.
Cases
where
the
only
penalty
is
a
fine
exceeding
P4,000
3.
Other
laws
which
specifically
lodge
jurisdiction
in
the
Regional
Trial
Court,
more
particularly:
a.
Law
on
written
defamation
or
libel
(Revised
Penal
Code)
b.
Decree
on
Intellectual
Property
c.
Violations
of
the
Dangerous
Drug
Act
except
when
the
offenders
are
under
16
years
of
age
and
there
are
Juvenile
and
Domestic
Relations
Courts
in
the
province
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
7
Appellate
imposable
fine
does
not
exceed
P10,000
4.
Cases
falling
under
the
Family
Courts
in
areas
where
there
are
no
Family
Courts
All
cases
decided
by
lower
courts
in
their
respective
territorial
jurisdictions
Jurisdiction
of
the
Court
of
Appeals
and
the
Supreme
Court
Court
of
Appeals
Supreme
Court
Actions
for
annulment
of
judgment
of
Petitions
for
certiorari,
prohibition
or
the
Regional
Trial
Court
mandamus
against:
Exclusive
and
a. Court
of
Appeals
Original
b. Commission
on
Elections
c. Commission
on
Audit
d. Sandiganbayan
With
the
Supreme
Court
With
the
Court
of
Appeals
1. Petitions
for
certiorari,
1. Petitions
for
certiorari,
mandamus
mandamus
or
prohibition
or
prohibition
against
the
Regional
against
the
Regional
Trial
Court
Trial
Court
2. Petitions
for
certiorari,
2. Petitions
for
certiorari,
mandamus
mandamus
or
prohibition
or
prohibition
against
the
National
against
the
National
Labor
Labor
Relations
Commission
but
it
Relations
Commission
but
it
should
be
filed
with
the
Court
of
should
be
filed
with
the
Court
of
Appeals
first
(St.
Martin
Funeral
Concurrent
Appeals
first
(St.
Martin
Funeral
Home
vs.
CA,
GR
No.
130866,
Sept.
Home
vs.
CA,
GR
No.
130866,
16,
1998)
Sept.
16,
1998)
3. Petitions
for
certiorari,
mandamus
3. Petitions
for
certiorari,
or
prohibition
against
the
Civil
mandamus
or
prohibition
Service
Commission,
Central
Board
against
the
Civil
Service
of
Assessment
Appeals,
Court
of
Tax
Commission,
Central
Board
of
Appeals
and
quasi‐judicial
agencies,
Assessment
Appeals,
Court
of
but
it
should
be
filed
with
the
Court
Tax
Appeals
and
quasi‐judicial
of
Appeals
first
agencies,
but
it
should
be
filed
with
the
Court
of
Appeals
first
With
the
Court
of
Appeals
and
Regional
Trial
Courts
With
the
Supreme
Court
and
Regional
1. Petitions
for
certiorari,
mandamus
Trial
Courts
or
prohibition
against
lower
courts
1. Petitions
for
certiorari,
and
other
bodies
mandamus
or
prohibition
2. Petitions
for
Quo
Warrant
to
and
against
lower
courts
and
other
habeas
corpus
bodies
2. Petitions
for
Quo
Warrant
to
With
the
Regional
Trial
Courts
and
habeas
corpus
Actions
affecting
ambassadors,
public
ministers
and
consuls
Ordinary
Appeal
by
Notice
of
Appeal
By
Notice
of
Appeal
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
8
Appellate
1. Appeals
from
the
Regional
Trial
Court
except
those
appealable
to
the
Supreme
Court
or
Sandiganbayan
2. Appeals
from
the
Regional
Trial
Court
on
constitutional,
tax
and
jurisdictional
questions
involving
questions
of
fact
which
should
be
appealed
first
to
the
CA
3. Appeals
from
decisions
and
final
orders
of
the
Family
Courts
1. From
the
Regional
Trial
Court
or
Sandiganbayan
in
all
criminal
cases
involving
offenses
for
which
the
penalty
imposed
is
reclusion
perpetua
or
life
imprisonment,
and
those
involving
other
offenses,
although
not
so
punished,
arose
out
of
the
same
occurrence
or
were
committed
by
the
offender
on
the
same
occasion
2. Automatic
Review
in
criminal
cases
where
death
penalty
is
imposed
by
the
Regional
Trial
Court
or
the
Sandiganbayan
Petition
for
Review
1. Appeals
from
the
Civil
Service
Commission
Petition
for
Review
on
Certiorari
2. Appeals
from
the
Regional
Trial
1. Appeals
from
the
Court
of
Appeals
Court
in
the
exercise
of
its
2. Appeals
from
the
Sandiganbayan
on
appellate
jurisdiction
which
are
pure
questions
of
law
except
where
not
a
matter
of
right
the
penalty
imposed
is
reclusion
3. Appeals
from
the
Court
of
Tax
perpetua,
life
imprisonment
or
Appeals
and
quasi‐judicial
death
agencies
3. Appeals
from
the
Regional
Trial
4. Appeal
from
the
National
Court
exercising
original
jurisdiction
Commission
on
Indigenous
in
the
following
cases:
Peoples
a. All
cases
in
which
the
5. Appeals
from
the
Office
of
the
constitutionality
or
validity
of
Ombudsman
in
administrative
any
treaty,
agreement,
law,
disciplinary
cases
presidential
decree,
proclamation,
order,
instruction
or
regulation
is
in
question
b. All
cases
involving
the
legality
of
any
tax,
imposition,
assessment,
or
toll,
or
any
penalty
imposed
in
relation
thereto
c. All
cases
in
which
the
jurisdiction
of
any
lower
courts
is
in
issue
d. Cases
involving
only
an
error
or
question
of
law
Special
Civil
Action
of
Certiorari
within
30
days
1. Against
the
Commission
on
Elections
2. Against
the
Commission
on
Audit
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
9
Jurisdiction
of
the
Sandiganbayan
Sandiganbayan
1. Violations
of
the
Anti‐Graft
and
Corrupt
Practices
Act
(R.A.
No.
3019)
2. Proceedings
for
the
Forfeiture
of
Ill
Gotten
Wealth
(R.A.No.
1379)
Exclusive
and
3. Violations
of
Chapter
2,
Section
2,
Title
7,
Book
2
of
the
Revised
Penal
Code
Original
Jurisdiction
(Crimes
Committed
by
Public
Officers
in
Relation
to
their
Office)
4. Civil
and
criminal
cases
filed
pursuant
to
and
in
connection
with
EO
Nos.
1,
2,
14
and
14‐A
(Sequestration
Cases)
5. Other
offenses
committed
by
public
officials
and
employees
in
relation
to
their
office
Provided:
That
the
offended
is
a
public
official
occupying
a
position
classified
as
salary
grade
27
or
higher
and
the
offense
was
committed
in
connection
with
his
office
Appellate
Appellate
jurisdiction
over
appeals
from
final
judgments,
resolutions
and
orders
of
regular
courts
where
all
the
accused
are
occupying
positions
lower
than
salary
grade
27
or
not
otherwise
covered
by
the
preceding
enumeration
Jurisdiction
of
the
Court
of
Tax
Appeals
Court
of
Tax
Appeals
1. Decisions
of
the
Bureau
of
Internal
Revenue
in
cases
involving
disputed
assessments,
refunds
of
internal
revenue
taxes,
fees
or
other
charges,
penalties
imposed
in
relation
thereto,
and
other
matters
arising
under
the
National
Internal
Revenue
Code
or
other
laws
or
part
of
law
ExclusiveAppellate
administered
by
the
Bureau
of
Internal
Revenue
Jurisdiction
2. Decisions
of
the
Commissioner
of
Customs
in
cases
involving
liability
for
customs
duties,
fees
or
other
money
charges;
seizure,
detention,
release
of
property
affected,
fines,
forfeitures
or
other
penalties
imposed
in
relation
thereto;
or
other
matters
arising
under
the
Tariff
and
Customs
Code
or
other
laws
or
part
of
law
administered
by
the
Bureau
of
Customs
3. Decisions
of
the
Secretary
of
Finance
in
automatic
review
of
the
decisions
of
the
Commissioner
of
Customs
that
are
adverse
to
the
government
in
cases
involving
the
assessment
of
duties
and
matters
of
imposition
of
anti‐dumping
duties.
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
0
Jurisdiction
of
the
Family
Courts
Family
Courts
Civil
Cases
1.
Petitions
for
Guardianship,
Custody
of
Children
and
Habeas
Corpus
in
relation
Exclusive
to
the
latter
and
Original
Jurisdiction
2.
Petitions
for
Adoption
of
Children
and
the
Revocation
thereof
3.
Annulment
and
Declaration
of
Nullity
of
Marriage
and
those
relating
to
marital
status
and
property
relations
of
husband
and
wife
and
of
those
living
together
under
different
status
and
agreements
4.
Petitions
for
Support
and/or
Acknowledgment
5.
Summary
judicial
proceedings
under
the
Family
Code
6.
Declaration
of
Status
of
Children
as
Abandoned,
Dependent,
or
Neglected,
Petitions
for
Voluntary
or
Involuntary
Commitment
of
Children,
matters
relating
to
Parental
Authority
and
other
cases
under
P.D.
No.
603
and
other
related
laws
7.
Disputes
arising
from
the
Constitution
of
a
Family
Home
Criminal
Cases
1.
One
or
more
of
the
accused
is
below
18
years
old
but
not
less
than
15
years
old
2.
One
of
the
victims
is
a
minor
at
the
time
of
the
commission
of
the
crime
3.
Cases
against
minors
under
the
Dangerous
Drugs
Act
4.
Violations
of
the
Special
Protection
of
Children
Against
Child
Abuse,
Exploitation
and
Discrimination
Act,
R.A.
No.
7610,
as
amended
by
R.A.
No.
7658
5.
Cases
of
domestic
violence
against
women
and
children
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
1
CHAPTER 2: THE BASICS
JURAT
It
is
that
part
of
an
affidavit
where
the
officer
certifies
that
the
same
was
“sworn”
before
him.
It
is
used
in
affidavits,
certifications,
verifications
or
whenever
the
person
executing
a
document
or
instrument
makes
a
statement
of
facts
or
attests
to
the
truth
of
an
occurrence
of
an
event
under
oath.
It
refers
to
an
act
in
which
an
individual
on
a
single
occasion
(a)
appears
in
person
before
the
notary
public
and
presents
an
instrument
or
document;
(b)
is
personally
known
to
the
notary
public
or
identified
by
the
notary
public
through
competent
evidence
of
identity;
(c)
signs
the
instrument
or
document
in
the
presence
of
the
notary;
and
(d)
takes
an
oath
or
affirmation
before
the
notary
public
as
to
such
instrument
or
document.2
Briefly,
it
is
that
part
of
the
affidavit
in
which
the
notary
public
certifies
that
the
instrument
was
sworn
to
before
him.
Sec.
163
(a)
of
the
Local
Government
requires
the
presentation
of
the
community
tax
certificate
on
certain
occasions.
According
to
the
law,
these
occasions
are“[w]hen
an
individual
subject
to
the
community
tax
acknowledges
any
document
before
a
notary
public,
takes
the
oath
of
office
upon
election
or
appointment
to
any
position
in
the
government
service;
receives
any
license,
certificate,
or
permit
from
any
public
authority;
pays
any
tax
or
fee;
receives
any
money
from
any
public
fund;
transacts
other
official
business;
or
receives
any
salary
or
wage
from
any
person
or
corporation.”
Additionally,
the
community
tax
certificate
is
required
for
transfer
of
land,
or
for
the
registration
of
any
transaction
affecting
land,
in
the
civil
registrar
of
a
given
local
government
unit.
When
the
Local
Government
Code
and
the
2004
Notarial
Rules
are
taken
together,
there
is
a
requirement
for
the
community
tax
certificate
to
be
presented
to
the
notary
public,
especially
in
documents
affecting
land,
the
title
thereto
or
any
interest
therein.
SAMPLE:
Jurat
SUBSCRIBED
AND
SWORN
to
before
me
this
day
of
____,
2009
the
affiant
[is
personally
known
to
me
and
exhibiting
to
me
his
Passport
No.(competent
proof
of
identity)
_____________________
issued
at
_________________
on
__________
and
his
CTC
No.
__________issued
at
__________
on
_________.
NAME
OF
NOTARY
PUBLIC
Notary
Public
for
the
Province/City
of
____
Address
Appointment
No.
___
until
December
___
Roll
of
Attorney
No.
________
2
Section
6,
Rule
II
of
the
Notarial
Rules.
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
2 PTR
No.________;
IBP
No.
________;
MCLE
Compliance
No.
_________
Doc
No.
___;
Page
No.
___;
Book
No.
__;
Series
of
20__.
ACKNOWLEDGEMENT
It
is
the
act
of
one
who
has
executed
a
deed,
in
going
before
some
competent
officer
or
court
and
declaring
it
to
be
his
act
or
deed.
An
acknowledgement
is
to
authenticate
an
agreement
between
two
or
more
persons,
or
where
the
document
contains
a
disposition
of
property.
It
refers
to
an
act
in
which
an
individual
on
a
single
occasion
(a)
appears
in
person
before
the
notary
public
and
presents
an
integrally
complete
instrument
or
document;
(b)
is
personally
known
to
the
notary
public
or
identified
by
the
notary
public
through
competent
evidence
of
identity;
and
(c)
represents
to
the
notary
public
that
the
signature
on
the
instrument
or
document
was
voluntarily
affixed
by
him
for
the
purposes
stated
in
the
instrument
or
document,
declares
that
he
has
executed
the
instrument
or
document
as
his
free
and
voluntary
act
and
deed,
and
if
he
acts
in
a
particular
representative
capacity,
that
he
has
authority
to
sign
in
that
capacity.3
Simply,
it
the
act
of
one
who
has
executed
a
deed
in
going
before
some
competent
officer
or
court
and
declaring
it
to
be
his
act
or
deed.4
Two‐fold
function
of
an
acknowledgment:
(1)
To
authorize
the
deed
to
be
given
in
evidence
without
further
proof
of
its
execution;
and
(2)
To
entitle
it
to
be
recorded.
The
same
purposes
may
be
accomplished
by
a
subscribing
witness
going
before
the
officer
or
court
and
making
oath
to
the
fact
of
the
execution,
which
is
certified
in
the
same
manner.
SAMPLE:
Acknowledgement
BEFORE
ME,
this
___
day
of
___________,
20__
in
the
Municipality/City
of
_________,
Philippines,
personally
appeared
____________________,
with
Passport
No.(competent
proof
of
identity)
_______________
issued
at
______________________,
on
_________
and
his
Community
Tax
Certificate
No.
__________
issued
at
______________________,
on
_________,
known
to
me
to
be
the
same
person
who
executed
the
foregoing
instrument,
and
he
acknowledged
to
me
that
the
same
is
his
free
act
and
deed.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
my
notarial
seal,
the
day
and
place
above
written.
NAME
OF
NOTARY
PUBLIC
Notary
Public
for
the
Province/City
of
____
3
Section
1,
Rule
II
of
the
Notarial
Rules.
4
Tigno,
et
al.
v.
Spouses
Aquino,
et
al.,
G.R.
No.
129416,
25
November
2004.
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
3 Address
Appointment
No.
___
until
December,
___
Roll
of
Attorney
No.
________
PTR
No.________;
IBP
No.
________;
MCLE
Compliance
No.
_________
Doc
No.
___;
Page
No.
___;
Book
No.
__;
Series
of
20__.
DEED
A
deed
is
a
legal
instrument
used
to
grant
a
right.
Deeds
are
part
of
the
broader
category
of
documents
under
seal.
Deeds
can
be
described
as
contract‐like
as
they
require
the
mutual
agreement
of
more
than
one
person.
See
Chapter
6
on
Contract
Drafting
for
an
in‐depth
discussion
and
for
samples
of
Deeds.
AFFIDAVIT
An
affidavit
is
a
formal
sworn
statement
of
fact,
signed
by
the
declarant
called
an
affiant
and
witnessed
by
a
taker
of
oaths
such
as
a
notary
public.
The
name
is
Medieval
Latin
for
he
has
declared
upon
oath.
Uses
of
affidavits
include:
(1)
To
allow
evidence
to
be
gathered
from
witnesses
or
participants
who
may
not
be
available
to
testify
in
person
before
the
court,
or
who
may
otherwise
fear
for
their
safety
if
their
true
identities
are
revealed
in
court;
and
(2)
To
obtain
a
declaration
on
a
legal
document
that
the
information
provided
by
the
applicant
is
truthful
to
the
best
of
the
applicant's
knowledge.
If,
after
signing
such
a
declaration,
the
information
is
found
to
be
deliberately
untrue
with
the
intent
to
deceive,
the
applicant
may
face
perjury
charges.
If
an
affidavit
is
notarized
or
authenticated,
it
will
also
include
a
caption
with
a
venue
and
title
in
reference
to
judicial
proceedings.
Affidavits
may
be
written
in
the
first
or
third
person,
depending
on
who
drafted
the
document.
If
in
the
first
person,
the
document's
component
parts
are:
A
commencement
which
identifies
the
affiant;
The
individual
averments,
almost
always
numbered
as
mandated
by
law,
each
one
making
a
separate
claim;
3. A
conclusion
generally
stating
that
everything
is
true,
under
penalty
of
perjury,
fine,
or
imprisonment;
and
4. An
attestation,
usually
a
jurat,
at
the
end
certifying
the
affiant
made
oath
and
the
date.
1. 2.
Important!!!
Parts
of
an
Affidavit.
The
VENUE
is
the
designation
of
the
place
where
the
affidavit
was
taken
to
show
whether
the
notary
public
has
acted
within
his
jurisdiction.5
5
Section
2,
Rule
IV
of
A.M.
No.
02‐8‐13‐SC
(2004
Rules
on
Notarial
Practice;
hereinafter
“Notarial
Rules”)
states:
“A
notary
public
shall
not
perform
a
notarial
act
outside
his
regular
place
of
work
or
business
x
x
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
4
The
SCILICET/SUBSCRIPSI
(SS)
is
used
to
particularize
a
general
statement,
i.e.
Republic
of
the
Philippines,
SS,
City
of
Pasig
means:
in
the
Republic
of
the
Philippines,
more
particularly
in
the
City
of
Pasig.6
The
BODY
consists
of
the
facts
attested
to
by
the
affiant,
who
should
have
actual
knowledge
of
the
same
and
not
merely
a
belief
thereof.
The
allegations
therein
should
be
full,
certain
and
exact.
In
short,
accuracy
of
the
statements
in
the
affidavit
is
indispensable.
Drafting
an
affidavit
is
just
like
story‐telling,
making
a
narration
of
the
events
that
transpired.
The
body
of
an
affidavit
may
be
in
the
form
of:
(a)
a
narration
or
(b)
question
and
answer.
The
SIGNATURE
OF
THE
AFFIANT
which
is
found
below
the
body
of
the
affidavit.
The
JURAT
(as
abovedefined).
SAMPLE:
Affidavit
of
One
and
the
Same
Person
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
We,
Mc
Steamy
and
Eric
Cartman,
both
Filipinos,
of
legal
ages,
and
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City
and
No.
2
Rockwell
Drive,
Rockwell
Center,
Makati
City,
respectively,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
we
have
personally
known
the
person
of
MARIA
CLARA
for
a
long
period
of
time
having
been
her
long
time
friend;
2. That
we
know
for
a
fact
that
the
person
by
the
name
of
"MARIA
CLARA"
appearing
in
some
documents
and
records
or
specifically
in
her
Certificate
of
Live
Birth
and
the
name
"MARA
CLARA"
as
appearing
in
the
records
of
the
Social
Security
System
(SSS),
x”
while
Section
11,
Rule
II
of
the
Notarial
Rules
reads:
“The
term
“regular
place
of
work
or
business
refers
to
a
stationary
office
in
the
city
or
province
wherein
the
notary
public
renders
legal
and
notarial
services.
6
Supra
note
2
at
p.
771.
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
5
3.
refer
to
one
and
the
same
person
and
that
her
true
and
correct
name
is
MARIA
CLARA;
and
As
such,
we
execute
this
Affidavit
or
attest
to
the
truth
of
the
foregoing
facts
and
for
whatever
legal
purpose
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
we
have
set
our
hands
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
MC
STEAMY
ERIC
CARTMAN
Affiant
Affiant
(JURAT)
SAMPLE:
Affidavit
Attesting
to
the
Death
of
a
Person
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
We,
Mc
Steamy
and
Eric
Cartman,
both
Filipinos,
of
legal
ages,
and
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Barangay
Poblacion,
Makati
City
and
No.
2
Rockwell
Drive,
Rockwell
Center,
Barangay
Poblacion,
Makati
City,
respectively,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
we
are
Barangay
Officials
of
the
aforementioned
Barangay
being
the
barangay
chairman
and
barangay
tanod,
respectively;
2. That
we
know
the
person
of
Maria
Clara
because
she
was
a
resident
of
the
aforementioned
Barangay
of
which
we
are
officials;
3. That
we
know
for
a
fact
said
Maria
Clara
died
on
April
12,
2009
at
Powerplant
Mall,
Rockwell
Center,
Barangay
Poblacion,
Makati
City
due
to
heart
attack;
and
4. That
we
are
executing
this
affidavit
to
attest
to
the
truthfulness
of
the
fact
of
death
of
the
person
of
Maria
Clara
and
for
whatever
legal
purposes
that
this
statement
may
serve.
IN
WITNESS
WHEREOF,
we
have
hereunto
set
our
hands
this
12th
day
of
April
2009,
in
the
City
of
Makati,
Metro
Manila,
Philippines.
MC
STEAMY
ERIC
CARTMAN
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
6 Affiant
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Doctor
to
Establish
the
Birth
of
a
Person
for
Late
Registration
with
the
Civil
Registrar
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Dr.
Eric
Cartman,
Filipino,
of
legal
age,
single,
and
a
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
a
duly‐licensed
medical
doctor,
practicing
at
the
Makati
Medical
Center
with
Professional
License
No.
122333
issued
on
January
1,
2009
at
Manila;
2. That
on
or
about
12:00
noon
of
February
1,
2009,
I
personally
attended
to
a
patient
named
Maria
Clara
in
giving
birth
by
normal
delivery
to
a
baby
girl
whom
they
named
as
Mara
Clara;
and
3. That
I
execute
this
Affidavit
to
attest
to
the
truth
of
the
foregoing
facts
and
for
any
other
legal
purpose
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
ERIC
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Illegitimacy
of
a
Child
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
7 AFFIDAVIT
OF
ILLEGITIMACY
I,
Maria
Clara,
Filipino,
of
legal
age,
single,
and
a
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
the
mother
of
Mara
Clara
who
was
born
on
February
1,
2009
at
the
Makati
Medical
Center,
Makati
City,
Metro
Manila,
Philippines;
2. That
as
appearing
in
the
records
of
Office
of
the
Civil
Registrar
of
the
City
of
Makati,
Philippines,
the
father
of
the
said
child
is
Eric
Cartman,
who
is
an
American
citizen.
The
same
is
certified
by
the
attached
Certificate
of
Live
Birth
of
the
said
child;
3. That
I
hereby
affirm
and
attest
to
the
truth
of
the
fact
that
the
father
of
the
above‐mentioned
child
is
indeed
Eric
Cartman;
4. That
I
also
declare
that
under
the
laws
of
the
Philippines
or
of
the
United
States
of
America,
I
and
Eric
Cartman
were
not
incapacitated
to
marry
each
other
at
the
time
of
the
conception
or
birth
of
the
said
child,
nor
are
we
incapacitated
to
marry
each
other
now
or
in
the
future;
and
5. That
I
am
executing
this
affidavit
to
attest
to
the
truth
of
the
foregoing
facts.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
MARIA
CLARA
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Late
Registration
of
Marriage
Contract
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
We,
Mc
Steamy
and
Eric
Cartman,
both
Filipinos,
of
legal
ages,
both
single,
and
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City
and
No.
2
Rockwell
Drive,
Rockwell
Center,
Makati
City,
respectively,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
8 1. 2.
3.
4.
5.
That
we
know
the
person
of
Mara
Clara
as
the
same
has
been
a
close
acquaintance
for
a
long
period
of
time;
That
we
know
for
a
fact
that
Mara
Clara
and
Juan
de
Dios
were
lawfully
joined
together
on
April
1,
2009
in
a
marriage
ceremony
solemnized
by
Rev.
Fr.
Joaquin
G.
Bernas,
SJ;
That
we
are
likewise
aware
that
the
date
of
marriage
appearing
in
the
Certificate
of
Live
Birth
issued
for
their
child,
March
28,
2009,
is
not
the
true
and
correct
one
as
they
have
not
yet
taken
each
other
as
husband
and
wife
at
the
time
of
his
birth;
That
it
was
discovered
but
recently
when
Mara
Clara
requested
for
a
copy
of
their
Marriage
Contract
from
the
Civil
Registrar
that
the
said
document
has
not
yet
been
registered
probably
through
oversight
and
so
the
said
Marriage
Contract
was
only
registered
last
April
10,
2009;
and
As
such,
we
execute
this
Affidavit
to
certify
or
attest
to
the
truth
of
the
foregoing
facts
and
for
whatever
any
and
all
legal
purposes
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
we
have
set
our
hands
this
12th
day
of
April
2009at
Makati
City,
Metro
Manila,
Philippines.
MC
STEAMY
ERIC
CARTMAN
Affiant
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Legitimation
of
a
Child
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
OF
LEGITIMATION
We,
Eric
Cartman
and
Maria
Clara
Cartman,
both
Filipinos,
of
legal
ages,
spouses,
and
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
[LEGAL
FORMS
MANUAL]
1 ATENEO
LAW
3D
’08‐‘09
9 1.
2. 3.
4.
That
we
have
been
legally
married
to
each
other
on
April
1,
2009at
a
wedding
ceremony
solemnized
by
Rev.
Fr.
Joaquin
G.
Bernas,
SJ.
A
copy
of
our
marriage
certificate
is
attached
hereto
and
made
an
integral
part
of
this
affidavit;
That
prior
to
our
marriage
and
outside
of
wedlock,
a
child,
named
Mara
Clara,
was
conceived
and
born
on
March
28,
2009
at
Makati
City;
That
at
the
time
of
the
conception
of
said
child,
we
were
not
disqualified
by
any
impediment
to
marry
each
other,
and,
therefore,
by
virtue
of
our
subsequent
marriage,
the
said
child
is
now
legitimated
by
operation
of
law,
particularly
Article
177
of
the
Family
Code;
and
That
we
execute
this
affidavit
to
declare
the
truth
of
the
foregoing
facts.
IN
WITNESS
WHEREOF,
we
have
hereunto
set
our
hands
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
MARIA
CLARA
CARTMAN
ERIC
CARTMAN
Affiant
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Supplemental
Report
for
the
Office
of
the
Civil
Registrar
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
SUPPLEMENTAL
REPORT
I,
Pedro
Cartman,
Filipino,
of
legal
age,
single,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
was
born
on
April
1,
1985
at
Makati
City
to
spouses
Maria
Clara
Cartman
and
Earl
Cartman;
2. That
since
I
was
young,
I
have
always
been
known
and
called
by
the
first
name
"PEDRO"
and
that
it
is
the
same
first
name
that
I
have
been
using
in
all
my
documents
and
identification
papers;
3. However,
it
appears
from
the
records
of
the
Office
of
the
Civil
Registrar
of
Makati
City
that
I
was
registered
therein
without
a
given
first
name;
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
0
4. That
it
is
my
desire
to
be
registered
with
the
said
Office
of
the
Civil
Registrar
of
Makati
City
with
the
first
name
"PEDRO";
5. That
the
failure
to
state
my
first
name
was
purely
the
inadvertence
of
my
parents
who
failed
to
do
so
because
of
their
uncertainty
at
first
as
to
what
name
would
be
given
me
at
the
time
of
the
registration
of
the
facts
of
my
birth
with
the
said
office;
and
6. As
such,
I
execute
this
Affidavit
to
certify
or
attest
to
the
truth
of
the
foregoing
facts
and
for
whatever
legal
purpose
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
PEDRO
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
in
Support
of
Reckless
Imprudence
Complaint
for
Damage
to
Vehicle
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Pedro
Cartman,
Filipino,
of
legal
age,
single,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
a
duly
licensed
driver
with
Driver's
License
No.
1223333,
which
is
valid
until
the
year
2011
and
that
I
usually
drive
a
vehicle
in
bringing
my
son
to
school
at
Ateneo
de
Manila
University
in
Loyola
Heights,
Quezon
City,
which
vehicle
is
specifically
described
as
a
Mercedes
Benz
Kompressor
with
Motor
No.
12222,
Chassis
No.
12222
and
with
Plate
No.
XXX
123
issued
by
the
Land
Transportation
Office
of
the
City
of
Makati
and
is
registered
in
my
name,
with
Certificate
of
Registration
No.
122222
issued
on
April
1,
2009
and
with
MVMRR
No.
122223
dated
March
11,
2009;
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
1
2. That
on
April
10,
2009
at
around
two
o’clock
in
the
afternoon,
when
I
brought
my
son
to
school
and
when
the
said
vehicle
was
parked
at
the
Grade
School
parking
lot
of
the
school,
another
vehicle,
identified
as
a
Ford
Expedition
with
Plate
No.
XXX
124
and
red
in
color,
stopped
in
front
of
my
vehicle
to
also
bring
an
a
student
to
school;
3. That
after
the
student
who
alighted
from
the
said
Ford
Expedition
had
entered
the
school
gate,
the
driver
of
the
said
Ford
Expedition,
recklessly
and
impudently,
tried
to
make
a
U‐Turn
and
hit/bumped
my
vehicle
and
that
when
I
instantaneously
blew
my
horn,
the
driver
of
the
said
Ford
Expedition
quickly
accelerated
and
feloniously
fled
away
in
the
direction
going
to
Katipunan
Avenue;
4. That
as
a
result
of
the
incident,
the
Mercedes
Benz
that
I
was
driving
sustained
damage
in
its
bumper;
5. That
the
said
incident
was
witnessed
by
many
persons,
most
of
whom
are
also
parents
of
students
who
were
likewise
bringing
their
children
to
school,
and
has
been
duly
documented
in
the
Blotter
of
the
Traffic
Division
of
Quezon
City;
6. That
upon
inquiry
with
the
Security
Office
of
the
school,
it
was
discovered
that
the
said
Ford
Expedition
has
been
issued
a
Car
Pass
by
the
school
upon
application
of
a
certain
Ian
Cruz,
a
Grade
7
student
of
the
school,
with
residence
at
No.
25
Dorothy
St.,
Loyola
Heights,
Quezon
City;
and
7. That
I
am
executing
this
Affidavit
to
attest
to
the
truth
of
the
foregoing
and
in
support
of
charges
for
"RECKLESS
IMPRUDENCE"
against
the
driver
of
the
said
Ford
Expedition
or
for
whatever
other
action
that
may
be
filed
against
the
driver
and/or
registered
owner
of
the
said
vehicle
and
in
support
of
claims
against
the
insurer
for
the
repair
of
the
damage
caused
to
the
vehicle
I
was
driving.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
in
Makati
City,
Metro
Manila,
Philippines.
PEDRO
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Denial
of
Criminal
Cases
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
2
AFFIDAVIT
I,
Pedro
Cartman,
Filipino,
of
legal
age,
single,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
NOT
the
same
person
as
one
Pedro
Cartman
a.k.a.
Pedro
Penduko
who
was
charged
under
Criminal
Case
No.
12333
before
the
Regional
Trial
Court
of
Makati
City
for
the
crime
of
Rape;
2. That
I
have
never
been
the
subject
of
any
criminal
complaint,
charge
or
proceeding
before
any
prosecutor
or
court;
and
3. As
such,
I
am
executing
this
Affidavit
to
certify
or
attest
to
the
truth
of
the
foregoing
facts
and
for
purpose
of
denying
that
I
am
the
Pedro
Cartman
who
is
the
subject
of
the
aforementioned
case
and
for
whatever
legal
purpose
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
PEDRO
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Damage
to
Warehouse
Building
by
Fire
for
Fire
Insurance
Claim
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Earl
Cartman,
Filipino,
of
legal
age,
single,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
the
Manager
of
Colgate
Palmolive,
a
domestic
corporation
engaged
in
the
distribution
of
a
variety
of
commercial
products;
2. That
the
said
company
maintains
a
warehouse
for
its
products
at
J.P.
Rizal
St.,
Poblacion,
Makati
City,
Metro
Manila,
Philippines;
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
3
3. That
sometime
on
April
1,
2009
at
around
ten
o'clock
in
the
evening,
a
big
fire
broke
out
in
the
said
warehouse
which
caused
damage
on
its
main
warehouse,
and
destroyed/damaged/spoiled
many
of
the
assorted
stocks
and
merchandise
stored
in
the
said
warehouse;
4. That
the
said
fire
was
controlled
and
put
off
only
about
ten
hours
later
by
the
efforts
of
the
different
fire
brigades
which
responded
to
our
call
for
assistance;
and
5. That
I
am
executing
this
Affidavit
to
attest
to
the
truth
of
the
foregoing
and
in
support
of
the
company's
claim
on
the
fire/building
insurance
of
the
said
warehouse/building.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
EARL
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Death
Due
to
Vehicle
Accident
for
Insurance
Claim
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Earl
Cartman,
Filipino,
of
legal
age,
widower,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
the
widower
of
Maria
Clara
Cartman;
2. That
my
wife
died
on
April
1,
2009
because
of
head
injuries
sustained
in
a
vehicular
accident
as
per
the
results
of
the
autopsy
conducted
by
Dr.
Vicki
Belo;
3. That
per
investigation
of
the
Makati
Police
Station,
my
wife
died
as
a
result
of
a
vehicular
accident
at
Rockwell
Drive,
Rockwell
Center,
Makati
City.Whenshe
was
driving,
she
was
bumped/hit
by
a
truck
coming
from
the
opposite
direction;
4. That
my
wife
was
a
duly
licensed
driver
at
the
time
of
the
incident
and
was
carrying
Driver's
License
No.
12333
and
was
riding
on
a
BMW,
white
in
color
and
with
Plate
No.
XYH
123
owned
by
me
with
Certificate
of
Registration
No.
12333;
and
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
4
5. That
I
am
executing
this
affidavit
to
attest
to
the
truth
of
the
foregoing
and
for
whatever
legal
purposes
that
this
statement
may
serve.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
EARL
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Loss
(ATM
cards
and
Driver’s
License)
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
LOSS
I,
Earl
Cartman,
Filipino,
of
legal
age,
widower,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
an
employee
of
GMA
Network,
Inc.
at
Makati
City,
Metro
Manila,
Philippines
and
at
the
same
time
a
duly‐licensed
driver;
2. That
on
April
1,
2009
at
around
seven
o’clock
in
the
evening,
while
I
was
at
the
3. 4.
5. 6.
bus
station
at
Cubao,
I
lost
my
wallet
which
I
usually
place
in
my
back
pocket;
That
inside
the
said
wallet
are
my
Driver's
License
and
ATM
Card
issued
by
Malayan
Bank,
Kamuning
Branch;
That
despite
diligent
search
and
efforts
to
locate
the
said
wallet
and
my
Driver's
License
and
my
ATM
Card,
I
could
not
find
them
such
that
I
now
believe
that
they
are
now
lost
beyond
recovery;
That
my
Driver's
License
has
not
been
confiscated
by
the
LTO,
Police
or
other
Traffic
Enforcers
for
any
traffic
violation;
and
As
such,
I
am
executing
this
Affidavit
of
Loss
to
attest
to
the
truth
of
the
foregoing
and
to
support
my
application
for
the
issuance
of
a
new
Driver's
License
and
a
new
ATM
Card,
in
lieu
of
the
ones
that
were
lost.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
5
EARL
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Loss
(Passport)
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
LOSS
I,
Earl
Cartman,
Filipino,
of
legal
age,
widower,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
on
April
1,
2009,
I
was
issued
a
Philippine
Passport
by
the
Department
of
Foreign
Affairs
in
Manila;
2. That
recently
I
had
tried
to
look
for
the
said
passport
but
the
same
could
not
be
found;
3. That
despite
diligent
search
and
efforts
to
locate
the
said
passport,
I
could
not
find
the
same
such
that
I
now
believe
that
it
is
now
lost
beyond
recovery;
and
4. As
such,
I
am
executing
this
Affidavit
of
Loss
to
attest
to
the
truth
of
the
foregoing
and
to
support
the
application
for
the
issuance
of
new
one
in
lieu
of
the
one
which
was
lost.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
EARL
CARTMAN
Affiant
(JURAT)
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
6
SAMPLE:
Marine
Protest
(An
Affidavit
under
the
Code
of
Commerce)
REPUBLIC
OF
THE
PHILIPPINES)
Province
of
Sulu
)
S.S.
Municipality
of
Jolo
)
MARINE
PROTEST
Name:
Marvin
Lee
Age:
50
Civil
Status:
Married
Address:
No.
6
Naranghita
St.,
Project
2,
Quezon
City,
Metro
Manila,
Philippines
Position:
Ship
Captain
Type/Cargo/Burden:
Tuna
Meat
(goods)
Home
Port:
Manila
Registry
Number:
123333332323232
Gross
Tons:
20.5
Net
Tons:
15.8
After
being
duly
sworn
to
in
accordance
with
law,
do
hereby
declare
and
state
on
protest:
1. That
on
(continue
with
the
facts
and
circumstances
that
transpired
in
theincident);
2. That
I,
as
Master,
(Indicate
what
actions
the
master
initiated);
3. That
I
as
Master
(Indicate
the
respondents
and
their
address
if
any);
4. That
the
prevailing
weather
at
the
time
was
as
follows:
General
Description:
____________________________
Wind
Direction:
_______Velocity:
____
Kits:
_________
Height
of
Seas:
_________Feet:
____________
Tide:
__________________
Flood
____________
Visibility:
___________________________
Other
Remarks:
_____________________
5. That
the
incident
resulted
injuries
to
___________________
persons
and
death
to
_____________
persons,
whose
names
are
listed
in
Exhibit
"A"
of
this
PROTEST
6. That
this
incident
likewise
resulted
to
loss
or
slight
damage
to
the
_____________
belonging
to
_____________
in
the
estimated
amount
of
______________________________
(P____________)
and
detailed
in
Exhibit
"B"
of
this
PROTEST:
7. That
my
organization
/
shipping
company
is
as
follows:
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
7 Company:___________________________
Address:
__________________________
Telephone(s):
_______________________
Fax:
_____________________________
8. That
further/additional
information/data
is
appended
hereto
as
Exhibit
"1"
of
this
PROTEST.
MARVIN
LEE
Ship
Captain
(JURAT)
NOTE:
When
SUMMARY
OF
CASES
WHERE
PROTEST
IS
REQUIRED
(cf.
Code
of
Commerce)
1. Under
612,
when
the
vessel
makes
an
arrival
under
stress
2. Under
612,
624
and
843,
where
the
vessel
is
shipwrecked
3. Under
624,
where
the
vessel
has
gone
through
a
hurricane
or
when
the
captain
believes
that
the
cargo
has
suffered
damages
or
averages
4. Under
835,
in
case
of
maritime
collisions
SAMPLE:
Judicial
Affidavit
(As
an
attachment
to
a
Petition
for
Writ
of
Amparo
and
Habeas
Corpus)
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
Q:
What
is
your
name?
A:
I
am
Vicente
de
Ramos.
Q:
Where
do
you
live?
A:
I
live
at
123
Cotabato
Street,
New
Manila,
Quezon
City.
Q:
Are
you
related
to
Danielle
de
Ramos?
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
8
A:
Yes.
Q:
How
are
you
related
to
her?
A:
She
is
my
daughter.
Q:
Where
does
your
daughter
live?
A:
She
lives
with
me.
Q:
What
is
the
nature
of
work
of
your
daughter?
A:She
is
actively
an
officer
of
the
Human
Rights
Organization,
an
organization
engaged
in
advocating
human
rights.
Q:
Where
is
the
Human
Rights
Organization
located?
A:
It
is
located
in
Unit
201
Siete
Remedios
Tower,
New
Manila,
Quezon
City.
Q:
How
does
your
daughter
go
to
work?
A:
She
brings
her
own
car
to
work.
On
seldom
occasions,
especially
when
she
cannot
use
her
own
car,
I
bring
her
to
work.
Q:
Thank
you
Mr.
de
Ramos.
Let’s
focus
on
the
date
of
your
daughter’s
alleged
forced
disappearance.
Do
you
remember
the
happenings
on
5
September
2008?
A:
Yes.
Q:
On
5
September
2008,
when
did
you
last
see
and
talked
to
your
daughter?
A:
I
last
saw
her
during
breakfast,
before
we
headed
to
our
respective
workplaces.
Q:
Did
you
bring
your
daughter
to
work
that
day?
A:
No,
she
drove
herself
to
work.
Q:
How
are
you
sure
that
your
daughter
was
able
to
go
to
work
that
day?
A:
She
called
me
up
and
told
me
that
she
has
already
arrived
at
her
office.
Q:
Let
us
fast
forward
to
the
evening
of
the
same
date.
Can
you
narrate
your
daughter’s
regular
practice
when
she
goes
home
from
work?
A:
She
regularly
calls
me
or
sends
me
a
text
message,
informing
me
that
she
is
on
her
way
home.
[LEGAL
FORMS
MANUAL]
2 ATENEO
LAW
3D
’08‐‘09
9 Q:
On
the
evening
of
5
September
2008,
did
she
contact
you?
A:
Yes,
she
did.
Q:
What
time
did
she
contact
you
that
night?
A:
I
received
a
text
message
at
around
8:00pm.
She
said
that
she
was
on
her
way
home
from
work.
Q:
Did
she
arrive
home
that
night?
A:
She
did
not.
Q:
What
did
you
do
when
she
did
not
go
home
after
she
contacted
you?
A:
I
waited
for
a
few
hours
for
her
to
go
home.
I
tried
to
contact
her
but
she
was
not
answering
her
phone.
I
really
got
worried.
I
decided
to
drive
down
to
her
office
to
see
if
she
was
there.
Q:
When
you
arrived
at
her
office,
what
happened?
A:
I
saw
her
car
was
still
parked
in
the
parking
lot.
I
approached
the
security
guard
on
duty
to
inquire
about
the
whereabouts
of
my
daughter.
Q:
Do
you
know
the
name
of
this
security
guard?
A:
Yes,
he
is
Christopher
Nepomuceno
and
was
the
one
on
duty
that
night.
Q:
What
did
the
security
guard
tell
you?
A:
He
told
me
that
my
daughter
was
on
her
way
to
her
car
when
a
van
blocked
her
way
and
three
large‐built
men
came
down
the
van
and
took
forcibly
my
daughter
inside.
The
men
had
holstered
pistons
and
one
was
wearing
fatigue
pants.
After
taking
my
daughter,
the
van
swiftly
drove
away.
My
daughter
dropped
her
things
on
the
parking
lot.
Q:
What
did
you
do
next
after
the
guard
told
you
that
your
daughter
was
abducted?
A:
I
immediately
contacted
the
authorities
and
asked
them
for
help
but
Christopher
Nepomuceno
previously
have
reported
the
matter
to
them
right
after
the
abduction
of
my
daughter.
Q:
Were
they
able
to
help
you
locate
your
daughter?
A:
No
but
it
was
found
out
that
a
day
before
the
date
of
her
disappearance,
men
who
identified
themselves
as
ISAFP
agents
had
asked
about
my
daughter
and
has
been
noticed
to
have
been
conducting
activities
in
her
office
premises
for
weeks.
Q:
Why
do
you
think
ISAFP
agents
would
be
asking
about
your
daughter?
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
0
A:
My
daughter
has
recently
told
me
that
she
was
currently
working
on
an
investigative
project
on
certain
officials
of
the
Armed
Forces
of
the
Philippines
and
the
ISAFP
on
alleged
corruption
and
abusive
practices.
Q:
Another
thing,
just
to
make
it
clear.
Did
you
have
any
altercation
with
your
daughter
last
5
September
2008
or
days
before
that
might
have
caused
her
to
run
away
or
just
spend
time
somewhere
else?
A:
No.
My
daughter
and
I
didn't
have
any
altercation.
And
knowing
my
daughter’s
personality
and
being
close
to
her,
she
is
not
the
type
to
run
away
or
go
somewhere
without
communicating
with
her
family
or
friends.
Q:
Has
your
daughter
contacted
you
or
any
members
of
your
immediate
family
ever
since
her
forced
abduction?
A:
No.
Q:
Since
her
disappearance,
and
after
searching
the
usual
places
she
visits,
were
you
able
to
locate
her
whereabouts?
A:
No.
Further
Affiant
sayeth
none.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Ownership
of
Personal
Properties
for
Contract
of
Pledge
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
OWNERSHIP
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
1
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
1. That
I
am
the
true
and
absolute
owner
of
the
following
personal
properties,
to
wit:
2 Pieces
of
Gold
Rings
with
18‐karat
Diamond
Stones
4
Pieces
of
Platinum
Bracelets
2. That
I
intend
to
deliver
the
said
personal
properties
as
a
collateral
to
secure
the
loan
that
I
am
applying
for
from
Banco
Filipino
Ongpin
Branch;
3. That
I
hereby
warrant
title
and
ownership
over
the
above‐mentioned
personal
properties
and
I
will
defend
the
possession
of
the
Pledge
from
eviction;
and
4. That
I
execute
this
Affidavit
of
Ownership
to
attest
to
the
truth
of
the
aforementioned
facts
and
in
support
of
my
application
for
a
loan
and
for
any
other
legal
purposes
that
this
Affidavit
could
serve.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
(JURAT)
SAMPLE:
Adverse
Claim
for
Deed
of
Conditional
Sale
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
ADVERSE
CLAIM
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
1. On
April
1,
2009,
I
have
entered
into
a
Deed
of
Conditional
Sale
which
was
acknowledged
on
the
same
date
before
Notary
Public
Roderick
Paulate
of
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
2 Makati
City
and
entered
in
his
Notarial
Register
as
Doc.
No.
1;
Page
No.
1;
Book
No.
1,
Series
of
2009.
A
copy
of
the
said
Deed
is
hereto
attached
and
made
an
integral
part
of
this
Affidavit;
2. That
in
the
said
Deed
of
Conditional
Sale,
I
was
the
VENDEE
of
a
certain
parcel
of
land
covered
by
Transfer
Certificate
of
Title
No.
T‐8911,
more
particularly
described
as
follows:
Transfer
Certificate
of
Title
No.
T‐8911
A
PARCEL
OF
LAND
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
containing
an
area
of
2,000
square
meters,
more
or
less
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
3. That,
because
I
still
have
a
balance
on
the
purchase
price
in
the
amount
of
ONE
MILLION
PESOS
(P1,000,000.00)
which
is
payable
within
TWO
YEARS
from
the
date
of
signing
thereof,
it
was
stipulated
in
the
aforementioned
Deed
that
title
and
ownership
over
the
subject
property
will
only
be
transferred
upon
full
payment
of
the
same;
4. That
the
VENDOR
in
the
said
Deed
of
Conditional
Sale
agreed
that
upon
its
execution,
said
Deed
shall
be
annotated
in
the
Title
with
the
Office
of
the
Register
of
Deeds
of
Sta.
Rosa,
Laguna;
5. However,
since
the
said
Deed
of
Conditional
Sale
per
se
could
not
be
annotated
on
the
Title
with
the
Office
of
the
Register
of
Deeds,
I
am
therefore
executing
this
Affidavit
for
the
purpose
of
attesting
to
the
truthfulness
of
the
foregoing
allegations
and
in
support
of
my
request
for
the
annotation
of
an
adverse
claim
over
the
parcel
of
land
covered
by
the
Transfer
Certificate
of
Title
No.
T‐8911.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
3
(JURAT)
SAMPLE:
Affidavit
for
Cancellation
of
Entries
in
the
TCT
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
1. That
I
am
the
true
and
registered
owner
of
a
certain
parcel
of
land
which
is
covered
by
Transfer
Certificate
of
Title
No.T‐8911,
more
particularly
described
as
follows:
Transfer
Certificate
of
Title
No.
T‐8911
A
PARCEL
OF
LAND
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
containing
an
area
of
2,000
square
meters,
more
or
less
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
2. That
annotated
on
said
Transfer
Certificate
of
Title
No.
8911
is
a
notice
of
lis
pendens
dated
March
18,
2008;
3. That
the
effectivity
and
efficacy
of
said
entries
have
since
expired
as
shown
by
the
dates
thereon
and/or
were
correspondingly
superseded
by
other
entries
which
are
also
being
caused
to
be
cancelled
in
view
of
the
fact
that
the
party
to
said
annotation
has
registered
no
opposition
to
its
cancellation;
and
4. That
I
am
executing
this
affidavit
purposely
requesting
the
Register
of
Deeds
to
cause
the
cancellation
of
the
above‐mentioned
entries
in
the
aforementioned
Transfer
Certificate
of
Title.
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
4
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Consolidation
of
Ownership
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
CONSOLIDATION
OF
OWNERSHIP
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
1. That
in
the
public
auction
sale
conducted
by
the
City
Sheriff
of
Quezon
City
on
April
1,
2008
pursuant
to
the
provisions
of
Act
3135
as
amended,
the
undersigned
Affiant
became
the
purchaser
of
a
certain
foreclosed
property
with
all
its
improvements,
more
particularly
described
as
follows:
Transfer
Certificate
of
Title
No.
T‐8911
A
PARCEL
OF
LAND
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
containing
an
area
of
2,000
square
meters,
more
or
less
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
5
2. That
the
said
Sheriff
sold
the
above‐described
property
with
all
the
improvements
and
buildings
thereon
to
the
undersigned
Affiant
as
the
highest
bidder
for
the
sum
of
ONE
MILLION
PESOS
(P1,000,000.00),
Philippine
Currency;
3. That
a
Certificate
of
Sale
at
Public
Auction
was
issued
by
the
said
Sheriff
in
favor
of
the
undersigned
Affiant
and
the
same
was
duly
registered
with
the
office
of
the
Registry
of
Deeds
of
Quezon
City
on
April
10,
2008
as
Entry
No.
123
on
the
aforementioned
title;
and
4. That
the
one
(1)
year
period
for
redemption
has
already
expired
without
the
Mortgagor
or
any
person
in
his
representation
having
exercised
their
right
of
redemption
over
the
said
property
and
therefore,
the
consolidation
of
title
and
ownership
over
the
said
property
in
favor
of
the
undersigned
Affiant
is
proper
and
in
accordance
with
law.
WHEREFORE,
by
failure
of
the
Mortgagor
to
redeem
the
said
property,
I
am
executing
this
Affidavit
for
the
purpose
of
consolidating
title
and
ownership
over
the
above‐described
property
with
all
improvements
and
buildings
thereon,
as
provided
for
by
law,
and
I
hereby
request
the
Office
of
the
Register
of
Deeds
to
register
the
same
and
issue
a
new
title
in
the
name
of
the
undersigned
Affiant.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Declaration
of
Ownership
of
Real
Property
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
DECLARATION
OF
OWNERSHIP
I,
EARL
CARTMAN,
of
legal
age,
Filipino,
single,
Manager
of
ABC
Corporation,
after
having
been
duly
sworn
to
in
accordance
with
law,
hereby
depose
and
state:
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
6 1. That
the
said
Corporation
is
the
owner
of
certain
parcel
of
land,
more
particularly
described
as
follows:
Transfer
Certificate
of
Title
No.
T‐8911
A
PARCEL
OF
LAND
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
containing
an
area
of
2,000
square
meters,
more
or
less
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
2. That
the
said
aforementioned
Transfer
Certificate
of
Title
over
said
property
includes
and
contains
all
the
permanent
improvements
and
buildings
located
and
situated
thereon;
and
3. That
I
execute
this
Affidavit
to
attest
and
declare
the
truth
of
the
foregoing
facts
and
for
whatever
legal
purposes
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
EARL
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Consent
and
Support
for
Travel
of
a
Minor
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
OF
SUPPORT
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
7 We,
Maria
Clara
Cartmanand
Eric
Cartman,
both
Filipinos,
of
legal
ages,
and
both
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
with
Residential
Telephone
No.
(632)
912332
and
with
Tax
Identification
Nos.
(T.I.N.)
12345
and
67890,
respectively,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
we
are
the
parents
of
Mara
Clara
Cartman
who
is
of
legal
age
and
a
citizen
of
the
Republic
of
the
Philippines
and
a
holder
of
valid
Philippine
Passport
with
No.
123456
and
who
is
going
for
a
trip
abroad
specifically
to
the
United
States
this
20th
day
of
April
2009;
2. That
we
are
giving
our
full
consent
to
our
said
daughter
to
travel
abroad
or
specifically
to
the
United
States;
3. That
for
this
purpose,
we
have
sufficient
and
adequate
financial
capacity
to
support
and
defray
the
said
travel
and
do
hereby
undertake
to
finance
her
trip
abroad
from
the
application
fees,
airline
tickets,
board
and
lodging,
pocket
money
and
such
other
expenses
that
she
may
incur
so
that
she
would
neither
be
a
burden
to
the
state
nor
at
their
place
of
destination
at
any
time
during
her
trip
abroad;
4. That
there
is
no
criminal
case
pending
in
court
against
her
nor
has
she
been
charged
of
subversion,
rebellion,
insurrection
or
any
crime
or
offense
involving
moral
turpitude
in
any
court
of
the
Philippines;
and
5. That
we
are
executing
this
affidavit
to
declare
the
truth
of
the
foregoing
facts
and
for
whatever
legal
purpose
it
may
serve.
IN
WITNESS
WHEREOF,
we
have
set
our
hands
this
12th
day
of
April
2009at
Makati
City,
Metro
Manila,
Philippines.
MARIA
CLARA
CARTMAN
EARL
CARTMAN
Affiant
Affiant
(JURAT)
SAMPLE:
Bulk
Sales
Affidavit
BULK
SALES
AFFIDAVIT
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
8 Note:
A
Bulk
Sales
Affidavit
is
not
an
agreement/contract,
but
is
needed
when
a
corporation
sells
all
or
substantially
all
of
its
assets.
REPUBLIC
OF
THE
PHILIPPINES)
MAKATI
CITY
)
S.S.
BULK
SALES
AFFIDAVIT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
The
undersigned
individual,
residing
at
234
Rockwell
Drive,
Makati
City,
after
being
duly
sworn,
deposes:
1.
I
am
the
President
of
the
Corporation
known
as
SANTO
REALTY
INC.
hereinafter
referred
to
as
the
"Corporation"
and
I
am
the
person
who
executed
the
attached
bill
of
sale
on
behalf
of
the
Company.
2.
The
Corporation
is
the
sole
owner
of
the
property
described
in
the
attached
bill
of
sale
and
has
full
right
to
sell
and
transfer
the
property
involved.
3.
All
of
the
property
described
in
the
attached
bill
of
sale
is
free
and
clear
of
all
obligations
and
encumbrances.
4.
There
are
no
existing
court
judgments,
nor
any
liens,
replevin,
attachments
or
executions,
nor
any
petition
in
bankruptcy,
nor
has
any
arrangement
proceeding
been
filed
by
or
against
the
Corporation.
In
addition,
the
Corporation
has
not
taken
advantage
of
any
law
relating
to
insolvency.
This
affidavit
is
made
to
induce
the
Purchaser
to
accept
the
transfer
of
the
goods
described
in
the
attached
invoice.
It
is
also
to
assure
compliance
with
the
bulk
transfer
provisions
of
the
Act
No.
3952
or
The
Bulk
Sales
Law
to
assure
the
Purchaser
that
there
are
no
creditors
of
the
Company
who
are
entitled
to
the
statutory
notice
of
sale.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
04th
day
of
January
2009
at
the
City
of
Makati,
Philippines.
_____________________________
Jonathan
Francis
Nepomuceno
President
SANTO
REALTY
INC.
SUBSCRIBED
AND
SWORN
to
before
me
this
04th
day
of
January
2009
at
the
City
of
Makati,
Philippines
affiant
exhibiting
his
Passport
with
number
SSO
1234567
issued
on
01
October
2008
at
the
City
of
Manila,
Philippines.
[LEGAL
FORMS
MANUAL]
3 ATENEO
LAW
3D
’08‐‘09
9
NOTARY
PUBLIC
Doc.
No.
______;
Page
No.
______;
Book
No.
______;
Series
of
2______
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
0
CHAPTER 3: CONTRACTS AND DEEDS
CONTRACT
A
contract
is
a
meeting
of
minds
between
two
persons
whereby
one
agrees
to
give
something
or
render
some
service
to
another
for
a
consideration.
(Article
1318,
Civil
Code)
ELEMENTS
OF
A
CONTRACT
There
is
no
contract
unless
the
following
requisites
concur:
(1)
consent
of
the
contracting
parties;
(2)
an
object
certain
which
is
the
subject
of
the
contract;
and
(3)
the
cause
of
the
obligation
which
is
established.
(ABS‐CBN
Broadcasting
Corp.
v.
Court
of
Appeals,
301
SCRA
572)
UNILATERAL
DEED/CONTRACT
(APPLICABLE
TO
SALES)
Vendee
assumes
no
obligation.
No
need
for
the
vendee
or
the
other
party
to
sign
the
deed/contract
or
for
an
acknowledgment
thereof.
BILATERAL
DEED/CONTRACT
(APPLICABLE
TO
SALES)
Vendee
is
obliged
to
do
something.
Vendee
or
the
other
party
must
sign
both
the
deed
and
the
acknowledgment.
OPERATIVE
WORDS
TO
REMEMBER
Deed
of
Sale:
SELL,
TRANSFER
AND
CONVEY
(In
case
of
sale
under
pacto
de
retro,
state
such
a
fact
with
the
operative
words
REPURCHASE
AND
RESELL.)
Deed
of
Assignment:
ASSIGN,
TRANSFER
AND
CONVEY
Deed
of
Exchange:
CEDE,
TRANSFER
AND
CONVEY
Deed
of
Donation:
for
and
in
consideration
of
love
and
affection
Power
of
Attorney:
name,
constitute
and
appoint,
HEREBY
GIVING
AND
GRANTING
Cardinal
Rules
in
Drafting
Contracts
as
Legal
Documents7
Rule
1
The
usual
commencement
of
a
contract
should
be:
“This
Agreement”
or
“An
Agreement”
or
“Articles
of
Agreement”
7
San
Beda
College
of
Law
Reviewer
2008,
citing
Guevara,
15th
Revised
Edition.
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
1 Although
it
is
better
to
state
the
particular
kind
of
contract
or
agreement
to
be
drafted
such
as
“This
Mortgage”,
“This
Contract
of
Sale”,
“This
Contract
of
Lease”
Rule
2
The
FULL
NAMES
of
the
parties,
their
capacity,
civil
status,
and
their
residences,
should
come
next.
The
logical
order
in
which
the
parties
are
to
be
named
in
the
document
must
be
observed.
Example:
Deed
of
Conveyance:
Name
of
seller,
mortgagor,
or
grantor
must
first
be
stated
Employment
Contract:
Name
of
employer
usually
comes
first
Rule
3
The
principal
or
operational
clauses
of
the
document
should
be
stated
in
separate,
numbered
paragraphs.
The
purpose
is
to
facilitate
ready
reference
thereto
Rule
4
Verbosity
should
be
avoided.
Rule
5
Specific
or
technical
terms,
which
have
special
meanings
in
the
document,
should
be
especially
defined.
Rule
6
Names
of
parties
should
be
repeated.
The
use
of
PRONOUNS
would
give
rise
to
AMBIGUITY.
Rule
7
The
document
must
be
NEAT,
FREE
FROM
ERASURES,
INTERLINEATIONS,
or
SUSPICIONS
OF
ALTERATIONS.
Rule
8
A
clause
may
be
inserted
at
the
end
of
an
agreement
that:
“This
contract
shall
extend
and
be
binding
upon
the
parties
thereto,
their
executors,
administrators,
and
assigns”
Rule
9
The
place
and
date
of
execution
of
the
document
usually
come
LAST,
and
may
be
stated
thus:
“Signed
in
the
City
of
Manila,
Philippines,
this
day
of
,
20
.”
Important
Requirements
for
Specific
Deeds/Contracts
DEED
OF
SALE
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
2 The
property
must
be
stated
in
its
particularity
(re:
technical
description)
CHATTEL
MORTAGE
It
must
include
an
affidavit
of
good
faith.
SALE
UNDER
THE
BULK
SALES
LAW
It
must
include
an
affidavit
of
vendor
stating
that
at
the
time
of
sale,
he
had
no
creditors,
or
if
there
was
creditor/s,
copy
of
notice
to
them
regarding
the
sale.
(Sec.
3,
Act.
3952,
“The
Bulk
Sales
Law”)
See
affidavit
for
bulks
sales
in
Chapter
2
for
a
sample
form.
What
shall
be
deemed
to
be
a
sale
and
transfer
in
bulk?
A
sale
and
transfer
in
bulk
is
any
sale,
transfer,
mortgage
or
assignment:
1. Of
a
stock
of
goods,
wares,
merchandise,
provisions,
or
materials
otherwise
than
in
the
ordinary
course
of
trade
and
the
regular
prosecution
of
the
business
of
the
vendor,
mortgagor,
transferor,
or
assignor,
or
2. Of
all,
or
substantially
all,
of
the
business
or
trade
theretofore
conducted
by
the
vendor,
mortgagor,
transferor,
or
assignor,
or
3. Of
all,
or
substantially
all,
of
the
fixtures
and
equipment
used
in
and
about
the
business
of
the
vendor,
mortgagor,
transferor,
or
assignor.
(Sec.
2,
Bulk
Sales
Law.)
What
are
the
exceptions
to
this
rule?
It
will
not
be
deemed
a
sale
and
transfer
in
bulk
in
contemplation
of
the
Bulk
Sales
Law:
1. If
such
vendor,
mortgagor,
transferor,
or
assignor
produces
and
delivers
a
written
waiver
of
the
provisions
of
this
Act
from
his
creditors
as
shown
by
verified
statements
(Sec.
2,
Bulk
Sales
Law),
or
2. If
such
vendor,
mortgagor,
transferor,
or
assignor
is
an
executor,
administrator,
receiver
assignee
in
insolvency,
or
public
officer,
acting
under
judicial
process.
(Sec.
8,
Bulk
Sales
Law.)
BASIC
TEMPLATE
OF
A
CONTRACT/AGREEMENT
SAMPLE:
Basic
Template
of
a
Contract/Agreement
N.B.
This
is
a
basic
template.
The
sample
forms
presented
after
may
vary
in
form,
but
should
contain
the
same
essential
elements
–
parties,
object,
consideration,
consent.
Templates
for
Parties
1
and
2
can
be
interchanged
depending
on
the
role
of
each
party
in
the
contract/agreement.
Also,
it
is
possible
that
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
3 both
parties
are
corporations.
If
this
is
the
case,
apply
the
template
of
party
1
for
both
parties.
It
is
also
possible
that
they
are
both
natural
persons.
In
that
case,
apply
the
template
of
party
2
for
both
parties.
[TITLE
OF
CONTRACT/AGREEMENT]
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
[type
of
contract/agreement],
made
and
entered
into
this
[__]
day
of
[Month],
[Year]
in
[Place],
Philippines,
by
and
between:
[Name
of
Corporation]
a
corporation
duly
organized
and
existing
under
Philippine
law
with
offices
at
[Postal
Address]
hereinafter
collectively
referred
to
as
the
“[Indicate
a
label
for
party
1
for
easy
identification,
example
“VENDOR”]”represented
by
its
[Representative’s
Position],
[Representative’s
Name];
=
and
=
[Full
Name],
[Nationality},
of
legal
age,
[Civil
Status
(if
married,
indicate
name
of
spouse;
if
property
is
co‐owned,
indicate
the
name
of
both
spouses
together
under
Full
name,
example:
SPOUSES
RALPH
and
ANGELA
CLEANONE)],
with
postal
address
and
presently
residing
at
[Postal
Address]
hereinafter
referred
to
as
the
“[indicate
a
label
for
party
2
for
easy
identification,
example
“VENDEE”]”;
WITNESSETH:
WHEREAS
[The
WHEREAS
clauses
contain
the
object
and
consideration/s
of
the
contract/agreement];
THEREFORE
[The
THEREFORE
clause
contains
the
consent
of
both
parties].
[Terms
and
Conditions
of
the
Contract/Agreement]
[__]th
day
of
[Month],
[Year]
in
[Place],
Philippines.
[Name
of
Corporate
Representative]
[Name
of
Party
2]
[Name
of
Corporation]
[Label]
[Label]
WITH
MARITAL
CONSENT:
[When
Necessary]
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
4
[Spouse’s
Name]
SIGNED
IN
THE
PRESENCE
OF:
[Name
of
Witness
1]
[Name
of
Witness
2]
(ACKNOWLEDGMENT)
COMMON
CONTRACTS
AND
DEEDS
SAMPLE:
Contract
of
Lease
(Real
Property)
CONTRACT
OF
LEASE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
CONTRACT
LEASE,
made
and
entered
into,
by
and
between
–
Loida
T.
Garcia,
of
legal
age,
Filipino,
married
and
with
residence
at
21B
Rajah
Matanda
St.
Project
4
Quezon
City,
Philippines,
hereinafter
referred
to
as
“Lessor”,
‐
and
‐
Fernando
P.
Zamora,
of
legal
age,
Filipino,
married,
and
with
residence
at
161
Rosalia
Compound,
Tandang
Sora,
Quezon
City,
Philippines,
hereinafter
referred
to
as
the
“Lessee”.
WITNESSETH:
Whereas,
the
Lessor
is
the
registered
owner
of
a
certain
property
located
at
256
White
Plains,
Quezon
City,
Philippines
with
TCT
No.
457291
of
the
Property
of
Deeds
for
Quezon
City
and
the
building
thereon
built;
and
Whereas,
the
Lessor
desires
to
let
the
said
property
and
the
Lessee
desires
to
lease
the
same.
NOW,
THEREFORE,
for
and
consideration
of
the
covenants
and
stipulations
herein,
the
Lessor
agrees
to
lease
said
property
to
the
Lessee
under
the
following
terms
and
conditions:
1. The
term
of
the
lease
shall
be
for
a
period
of
five
(5)
years,
beginning
January
1,
2009
and
ending
on
January
1,
2014,
unless
sooner
terminated
as
herein
provided.
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
5 2. The
Lessee
agrees
to
pay
monthly
rentals
of
Forty
Five
Thousand
(P45,000.00)
Pesos,
payable
in
the
first
week
of
the
month
at
the
Lessor’s
residence,
subject
to
yearly
increase
of
5%
starting
the
third
year
of
the
lease.
3. The
Lessee
shall
make
an
advance
deposit
equivalent
to
the
rentals
for
three
(3)
months,
without
interest,
which
shall
answer
for
any
damage
to
the
house
resulting
from
the
Lessee’s
use
and
occupancy
thereof
or
from
any
cause
whatsoever
by
the
members
of
his
family,
his
household
help
and
visitors;
and
if
no
such
injury
or
damage
is
caused,
the
same
will
be
applied
as
rentals
in
the
last
three
months
of
occupancy.
4. Major
and
minor
repairs
of
the
house,
which
the
Lessee
may
desire
to
make,
shall
be
for
the
account
of
the
Lessee.
5. The
Lessee
shall
insure
the
house
against
fire,
in
the
amount
of
One
Miliion
Five
Hundred
Thousand
(P1,500,000.00)
Pesos
at
his
expense,
with
the
Lessor
as
beneficiary,
during
the
period
of
the
Lease.
6. During
the
lifetime
of
the
lease,
the
Lessee
shall
be
responsible
for
the
payment
of
all
utility
charges,
such
as
electricity,
gas,
water,
telephone,
garage,
collection
fees
and
grass
cutting
charges
and
for
other
services.
7. The
Lessee
shall
not
sublease
the
premises
or
assign
this
lease,
without
the
written
consent
of
the
Lessor.
8. The
Lessee
shall
not
paint,
make
any
improvements,
partitions
without
the
prior
consent
of
the
Lessor,
and
if
the
same
are
made
they
shall
be
for
the
account
of
the
Lessee
and
shall,
at
the
end
of
the
lease,
become
the
property
of
the
Lessor,
without
any
right
to
seek
reimbursement
of
the
costs
thereof.
9. If
any
rental
as
stipulated,
or
any
part
thereof,
at
any
time
shall
be
in
arrears
or
unpaid,
or
if
the
Lessee
shall
at
any
time
fail
to
perform
or
comply
with
any
of
the
covenants
and
conditions
herein,
then
and
in
any
such
event,
this
Contract
of
Lease
shall
automatically
terminate,
and
the
Lessee
shall
peacefully
surrender
possession
of
the
leased
premises
to
the
Lessor,
in
the
same
condition
as
when
he
first
entered
the
premises.
10. That
the
Lessee
shall
notify
the
Lessor
at
least
thirty
(30)
days
in
advance
should
the
Lessee
decide
to
abandon
the
leased
premises;
11. That
violation
of
any
of
the
above
terms
and
conditions
will
produce
ipso
facto
the
rescission
of
this
contract
of
lease.
12. Failure
of
the
Lessor
to
insist
on
any
provisions
of
this
lease
shall
not
be
construed
as
a
waiver
thereof.
No
waiver
by
the
Lessor
of
any
right
herein
provided
and
as
provided
by
law
shall
be
valid,
unless
made
in
writing
and
duly
signed
by
the
Lessor.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
signed
this
contract
of
lease
this
28th
day
of
December,
2008,
in
the
City
of
Quezon
City,
Philippines.
LOIDA
T.
GARCIA
FERNANDO
P.
ZAMORA
Lessor
Lessee
Signed
in
the
Presence
of:
JUAN
G.
DELA
CRUZ
MARIO
C.
FELICIANO
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
6
(ACKNOWLEDGMENT)
SAMPLE:
Contract
of
Lease
(Personal
Property)
CONTRACT
OF
LEASE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
CONTRACT
OF
LEASE,
made
and
entered
into,
by
and
between
–
Loida
T.
Garcia,
of
legal
age,
Filipino,
married
and
with
office
address
at
21B
Rajah
Matanda
St.
Project
4
Quezon
City,
Philippines,
hereinafter
referred
to
as
“Lessor”,
‐
and
‐
Fernando
P.
Zamora,
of
legal
age,
Filipino,
married,
and
with
office
address
at
161
Rosalia
Compound,
Tandang
Sora,
Quezon
City,
Philippines,
hereinafter
referred
to
as
the
“Lessee”.
WITNESSETH:
WHEREAS,
the
Lessor
is
the
absolute
owner
of
a
certain
personal
property,
more
particularly
described
as
follows:
Make
&
Type
Essen
Welding
Machine
ARC
315
Serial/Chassis
No.
A128930‐394
WHEREAS,
the
Lessee
desires
to
lease
the
said
property.
NOW,
THEREFORE,
for
and
in
consideration
of
the
covenants
and
stipulations
of
the
parties,
the
Lessor
agrees
to
lease
said
property
to
the
Lessee
under
the
following
terms
and
conditions:
1. The
term
of
this
lease
shall
be
five
(5)
months,
such
term
to
commence
on
May
01,
2009
and
to
terminate
on
October
01,
2009,
unless
otherwise
terminated
as
provided
in
this
lease.
2. The
monthly
rental
shall
be
FIVE
THOUSAND
PESOS
(Php
5,000.00),
Philippine
Currency,
to
be
paid
by
Lessee
at
the
office
of
Lessor
on
or
before
the
first
(1st)
day
of
each
and
every
month;
3. Lessee
shall
exercise
due
care
in
the
use
and
maintenance
of
the
leased
property,
keeping
it
in
good
repair
and
in
a
condition
equivalent
in
all
respects
to
that
in
which
it
was
received
by
lessee,
normal
wear
and
tear
excepted.
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
7 4. Lessee
shall
not
assign
this
lease
or
sublet
the
leased
property
unless
the
written
consent
of
Lessor
to
such
assignment
or
sublease
is
first
obtained.
5. If
the
Lessee
shall
be
in
default
of
any
of
the
rental
payments,
when
the
payments
shall
become
due
and
payable
as
provided
in
this
agreement,
or
shall
remove
or
attempt
to
remove
the
leased
property
from
161
Rosalia
Compound,
Tandang
Sora,
Quezon
City
without
first
obtaining
the
written
consent
of
the
Lessor,
the
Lessor
shall,
at
his
or
her
option,
terminate
this
lease
and
Lessee’s
right
to
possession
of
the
leased
property,
and
the
Lessor
shall
then
without
demand
on
or
notice
to
the
Lessee
take
possession
of
such
leased
property.
6. Lessor
shall
at
all
times
during
Lessee’s
business
hours
have
the
right
to
enter
on
the
premises
where
the
leased
property
is
located
for
the
purpose
of
inspecting
the
property.
7. On
expiration
or
earlier
termination
of
this
lease,
the
Lessee
shall
return,
the
leased
property
to
Lessor
in
good
repair,
ordinary
wear
and
tear
resulting
from
proper
use
of
the
property
excepted.
8. Lessee
will
indemnify
Lessor
against,
and
hold
Lessor
harmless
from
all
claims,
actions,
proceedings,
damages,
and
liabilities,
including
attorney’s
fees,
arising
from
or
connected
with
Lessee’s
possession,
use,
and
return
of
the
leased
property.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
signed
this
contract
of
lease
this
28th
day
of
December
2008,
in
the
City
of
Quezon
City,
Philippines.
LOIDA
T.
GARCIA
FERNANDO
P.
ZAMORA
Lessor
Lessee
Signed
in
the
Presence
of:
JUAN
G.
DELA
CRUZ
MARIO
C.
FELICIANO
(ACKNOWLEDGMENT)
SAMPLE:
Chattel
Mortgage
CHATTEL
MORTGAGE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
CHATTEL
MORTGAGE,
made
and
entered
into,
by
and
between
–
S A N T O
R e a l t y ,
I n c . ,
a
corporation
duly
organized
under
the
laws
of
the
Philippines,
with
principal
office
at
123
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
8 represented
by
its
president,
Ernesto
Pogito,
hereinafter
referred
to
as
the
“MORTGAGOR”,
‐
and
‐
Nicholas
Estrada,
of
legal
age,
single,with
postal
address
at
1234
Gabrielle
Homes,
Pasig
City,
hereinafter
known
as
the
“MORTGAGEE”.
WITNESSETH:
That
the
MORTGAGOR
is
indebted
unto
the
MORTGAGEE
in
the
sum
of
Nine
Hundred
Thousand
Pesos
(P
900,000.00),
Philippine
Currency,
receipt
of
which
is
acknowledged
by
the
MORTGAGOR
upon
the
signing
of
this
instrument,
payable
within
a
period
of
2
years,
with
interest
thereon
at
the
rate
of
(12)
%
per
annum;
That
for,
and
consideration
of
,
this
indebtedness,
and
to
assure
the
performance
of
said
obligation
to
pay,
the
MORTGAGOR
hereby
conveys
by
way
of
CHATTEL
MORTGAGE
unto
the
MORTGAGEE,
his
heirs
and
assigns,
the
following
personality
now
in
the
possession
of
said
MORTGAGOR
MAKE
:
Nissan
Celica
SERIES
:
78
TYPE
OF
BODY
:
Coupe
YEAR
MODEL
:
1999
MOTOR
NO.
:
1234567
SERIAL/CHASSIS
NO.
:765432
PLATE
NO.
:
XXX‐111
FILE
NO.
:
789653
That
the
condition
of
this
obligation
is
that
should
the
MORTGAGOR
perform
the
obligation
to
pay
the
hereinabove
cited
indebtedness
of
Nine
Hundred
Thousand
Pesos
(P
900,000.00)
together
with
accrued
interest
thereon,
this
chattel
mortgage
shall
at
once
become
null
and
void
and
of
no
effect
whatsoever,
otherwise,
it
shall
remain
in
full
force
and
effect.
IN
WITNESS
WHEREOF,
the
parties
have
hereunto
set
their
hands,
this
13
day
of
March
2009,
at
Makati,
Philippines.
ERNESTO
POGITO
NICHOLAS
ESTRADA
SIGNED
IN
THE
PRESENCE
OF:
JONNY
NEPO
JP
SALVAVIDA
(ACKNOWLEDGEMENT)
AFFIDAVIT
OF
GOOD
FAITH
[LEGAL
FORMS
MANUAL]
4 ATENEO
LAW
3D
’08‐‘09
9 We,
the
undersigned
MORTGAGOR
AND
MORTGAGEE
hereby
jointly
and
severally
swear
that
we
executed
the
foregoing
Chattel
Mortgage
in
order
to
secure
the
indebtedness
therein
and
for
no
other
purpose
or
purposes
contrary
to
law.
ERNESTO
POGITO
(JURAT)
NICHOLAS
ESTRADA
SAMPLE:
Real
Estate
Mortgage
REAL
ESTATE
MORTGAGE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
REAL
ESTATE
MORTGAGE,
made
and
executed
this
12th
day
of
April
2009,
by
and
between:
CTV‐Z
Network,
Inc.,
a
corporation
duly
organized
under
the
laws
of
the
Philippines,
with
principal
office
at
No.
1
Strata
2000
Bldg.,
Emerald
Ave,
Ortigas
Center,
Pasig
City,
represented
by
its
President,
Francis
Tom
Temprosa,
hereinafter
referred
to
as
the
MORTGAGOR:
‐and‐
FELIPE
GOZON,
of
legal
age,
single,
Filipino,
and
with
residence
and
postal
address
at
No.
25
Boston
Terrier
St.,
Beagle
Subdivision,
Dog
Town,
Makati
City,
hereinafter
referred
to
as
the
MORTGAGEE.
WITNESSETH:
That
the
MORTGAGOR
does
hereby
convey
by
way
of
REAL
ESTATE
MORTGAGE
unto
the
MORTGAGEE
the
following
described
real
property,
situated
in
No.
25
South
Ave.,
Salcedo
Village,
Makati
City,
together
with
all
the
improvements,
to
wit:
TRANSFER
CERTIFICATE
OF
TITLE
NO.
1111
“A
PARCEL
OF
LAND
(Lot
10,
Block
4
of
the
Subdivision
plan
(LRC)
Psd‐1004,
being
a
portion
of
the
consolidation
of
Lots
10‐A
and
10‐B
(LRC)
described
on
plan
Psd‐1244,
LRC
(GLRO)
Record
No.
N‐23024,
situated
in
the
District
of
Salcedo
Village
Makati.
Bounded
on
NE.,
point
4
to
1
by
Lot
22,
Block
4
of
the
Subdivision
plan;
on
the
SE.,
points
1
to
2
bu
Lot
14,
Block
4
of
the
Subdivision
plan,;
on
the
SW.
points
2
to
3
by
Road
Lot
12,
Psd‐2434;
and
on
the
SW.,
points
3
to
4
by
Lot
16,
Block
4
of
the
Subdivision
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
0 plan.
Begginging
at
a
point
marked
“1”
on
the
plan,
being
S.
41
deg
21’E.,
4266.24
m.
from
CBM
22,
Makati
Cadastre
10;
thence
S.
32
deg.
07’W.,
14.55
m.
to
point
2;
thence
N.
56
deg.
00’W.,
12.33
m.
to
point
3;
thence
N.
21;
56’E.,
33.22
m.
to
pint
4;
thence
S.
67
deg.
03’E,
12.00
m.
to
the
point
of
beginning;
containing
an
area
of
TWO
HUNDERED
EIGHTY
(280)SQUARE
METERS,
more
or
less…"
of
which
real
property
the
MORTGAGOR
is
the
registered
owner
of
a
parcel
of
land
with
improvements
located
at
No.
25
South
Ave.,
Salcedo
Village,
Makati
City
and
covered
by
Transfer
Certificate
of
Title
No.
1111
containing
a
total
area
of
TWENTY
THOUSAND
(20,000)
SQUARE
METERS,
more
or
less,
PROVIDED,
HOWEVER,
that
if
the
said
corporation
shall
pay
or
cause
to
be
paid
to
said
FELIPE
GOZON,
his
heirs
and
assigns,
the
said
amount
within
the
period
of
TWO
(2)
years
from
and
after
with
the
interest
theron
at
the
rate
of
(FIVE)
per
centum
(5%)
per
annum,
then
this
MORTGAGE
shall
be
discharged
and
shall
be
of
no
effect.
OTHERWISE,
it
shall
remain
in
full
force
and
effect
and
shall
be
enforceable
in
the
manner
provided
for
by
law.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
in
Makati
City,
Metro
Manila,
Philippines.
CTV‐Z
Network,
Inc.
Felipe
Gozon
Mortgagor
Mortgagee
Represented
by:
Francis
Tom
Temprosa
President
SIGNED
IN
THE
PRESENCE
OF:
Sam
Milby
Piolo
Pascual
(ACKNOWLEDGMENT)
SAMPLE:
Contract
to
Sell
CONTRACT
TO
SELL
KNOW
ALL
MEN
BY
THESE
PRESENTS:
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
1 This
CONTRACT
TO
SELL,
made
and
executed
this
12th
day
of
March,
2009,
by
and
between:
Ralph
Cleanone,
of
legal
age,
married
to
Mary
Angela
Cleanone,
Filipino,
and
with
residence
and
postal
address
at
38
Maple
Drive,
Rockwell
Village,
Makati,
hereinafter
referred
to
as
the
"SELLER/VENDOR":
‐AND‐
SANTO
Realty
Inc.,
a
corporation
duly
organized
under
the
laws
of
the
Philippines,
with
principal
office
at
123
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
represented
by
its
President,
Ernesto
Pogito,
hereinafter
referred
to
as
the
BUYER.
WITNESSETH:
WHEREAS,
the
SELLER/VENDOR
is
the
absolute
and
registered
owner
of
a
parcel
of
land,
including
all
structures
and
improvements
thereon,
consisting
of
One
Thousand
Five
Hundred
(1,500)
square
meters,
more
or
less,
located
at
Bo.
Hinapao
2
(now
San
Jose),
Antipolo,
Rizal,
Phase
KVH
2,
and
covered
by
Transfer
Certificate
of
Title
No.
P‐143,
issued
by
the
Registry
of
Deeds
of
the
Province
of
Rizal,
and
more
particularly
described
as
follows:
"A
parcel
of
land
(Lot
25,
Blk.
30
of
the
cons./subd.
plan
Pcs‐04‐005099,
being
a
portion
of
the
cons.
Of
Lot
B,
Psd‐37723
&
Psu‐180896,
LRC
Rec.
No..),
situated
in
the
Bo.
Of
Hinapao
No.
2
(now
San
Jose),
Mun.
Of
Antipolo,
Prov.
Of
Rizal,
Is.
Of
Luzon.
Bounded
on
the
NE.,
along
line
1‐2
by
Lot
23,
Blk.
30
of
the
subd.
plan,
along
line
2‐3
by
Juan
Panganiban,
on
the
SW.,
along
line
3‐4
by
Road
Lot
25
and
on
the
NW.,
along
line
4‐1
by
Road
Lot
30,
both
of
the
subd.
plan.
Beginning
at
a
point
marked
“1”
on
plan,
being
N.
86
deg.
46’E.,
2310.50
m.
From
BLLM
No.
1,
Mun.
Of
Antipolo,
Rizal;
thence
S.
82
deg.
35’E.,
10.00
m.
to
point
2;
thence
S.
10
deg.
32’E.,
15.77
m.
to
point
3;
thence
N.
82
deg.
35’W.,
14.88m.
to
point
4;
thence
N.
7
deg.
25’E.,
15.00
m.
to
point
of
beginning
containing
an
area
of
ONE
THOUSAND
FIVE
HUNDRED
(1,500)
SQUARE
METERS..."
WHEREAS,
the
BUYER/VENDEE
has
offered
to
buy
and
the
SELLER/VENDOR
has
agreed
to
sell
the
above‐mentioned
property
under
the
terms
and
conditions
herein
below
set
forth:
NOW
THEREFORE,
for
and
in
consideration
of
the
total
sum
of
Ten
Million
(Php10,000,000.00)
Philippine
Currency,
and
of
the
covenants
herein
after
set
forth
the
SELLER/VENDOR
agrees
to
sell
and
the
BUYER/VENDEE
agrees
to
buy
the
aforesaid
property
subject
to
the
following
terms
and
conditions:
1.
The
total
consideration
shall
be
Ten
Million
(Php
10,000,000.00)
PESOS,
Philippine
Currency,
payable
as
follows:
a)
The
amount
of
THREE
MILLION
(Php
3,000,000.00)
PESOS,
representing
earnest
money
shall
be
payable
by
the
BUYER/VENDEE
to
the
SELLER/VENDOR
upon
signing
of
this
Contract
to
Sell;
b)
The
remaining
balance
in
the
amount
of
SEVEN
MILLION(Php
7,000,000.00)
PESOS,
shall
be
paid
in
Cash
on
or
before
December
31,
2009;
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
2
c)
In
case
the
check
representing
the
payment
for
the
balance
provided
in
paragraph
(b)
hereof,
is
dishonored
by
the
drawee
bank,
the
earnest
money
in
the
amount
of
THREE
MILLION
(Php
3,000,000.00)
PESOS,
shall
be
forfeited
in
favor
of
the
SELLER/VENDOR;
2.
Capital
Gains
Tax
and
Real
Estate
Tax,
shall
be
for
the
account
of
the
SELLER/VENDOR;
3.
Documentary
Stamps
Tax,
Registration
Fee,
registration
expenses,
and
all
other
miscellaneous
fees
and
expenses
shall
be
to
the
account
of
the
BUYER/VENDEE;
4.
Possession
to
the
subject
property
shall
be
delivered
by
the
SELLER/VENDOR
to
the
BUYER/VENDEE
upon
full
payment
of
the
total
consideration;
5.
Upon
full
payment
of
the
total
price,
the
SELLER/VENDOR
shall
sign
and
execute
a
DEED
OF
ABSOLUTE
SALE
in
favor
of
the
BUYER/VENDEE.
The
SELLER/VENDOR
shall
likewise
execute
and/or
deliver
any
and
all
documents,
including
but
not
limited
to
the
original
copy
of
Transfer
Certificate
of
Title,
Tax
Declaration
and
all
other
documents
necessary
for
the
transfer
of
ownership
from
SELLER/VENDOR
to
the
BUYER/VENDEE.
IN
WITNESS
WHEREOF,
the
parties
have
hereunto
affixed
their
signatures,
this
12th
day
of
March,
2009,
at
Makati
City,
Philippines.
Ralph
Cleanone
Ernesto
Pogito
SELLER/VENDOR
President
SANTO
Realty,
Inc.
BUYER/VENDEE
WITH
MARITAL
CONSENT:
Mary
Angel
Cleanone
SPOUSE
OF
SELLER/VENDOR
SIGNED
IN
THE
PRESENCE
OF:
Jonathan
Nepomuceno
John
Paulo
Salvahan
(ACKNOWLEDGMENT)
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
3
SAMPLE:
Joint
Venture
Agreement
JOINT
VENTURE
AGREEMENT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
JOINT
VENTURE
AGREEMENT
made
and
executed
this
20th
day
of
April
1999
at
Makati
City,
Metro
Manila,
Philippines,
by
and
among:
RURAL
FARMING,
INC.,
a
corporation
duly
organized
and
existing
under
the
laws
of
the
Philippines,
with
office
address
at
20
Cooper
St.,
San
Francisco
del
Monte,
Quezon
City,
represented
herein
by
its
President,
LAURO
CELESTINO,
hereinafter
referred
to
as
“FIRST
LANDOWNER”;
‐
together
with
‐
EVA
CELESTINO,
of
legal
age,
Filipino,
and
with
residence
address
at
20
Cooper
St.,
San
Francisco
del
Monte,
Quezon
City,
for
herself
and
as
attorney‐in‐fact,
by
virtue
of
a
Special
Power
of
Attorney
executed
in
her
favor,
a
copy
of
which
is
attached
hereto
as
Annex
“A”
and
made
an
integral
part
hereof,
of
MARIA
RAFAEL
CELESTINO,
AURORA
LUZ
CELESTINO
and
RUFINO
CELESTINO,
all
of
legal
age,
Filipinos,
and
with
residence
address
at
20
Cooper
St.,
San
Francisco
del
Monte,
Quezon
City,
and
REGINA
SOPHIA
CELESTINO,
of
legal
age,
Filipino,
and
with
residence
address
at
27‐B
Angelo
St.,
La
Loma,
Quezon
City,
referred
to
as
“SECOND
LANDOWNER”;
Both
are
hereinafter
referred
collectively
as
the
“LANDOWNERS”;
‐
and
‐
MANCON
BERHAD‐CBDC
JOINT
VENTURE
CORPORATION,
a
corporation
duly
organized
and
existing
under
the
laws
of
the
Philippines,
with
office
address
at
3rd
Floor
ITS
Bldg.,
2308
Pasong
Tamo
Extension,
Makati
City,
represented
herein
by
its
President
and
Chief
Executive
Officer,
MARIO
A.
ORETA,
hereinafter
referred
to
as
the
“DEVELOPER”.
WITNESSETH:
That‐
WHEREAS,
LANDOWNERS
are
the
registered
and
lawful
owners
of
a
parcel
of
land
located
in
the
Municipality
of
Gen.
Trias,
Province
of
Cavite,
with
an
aggregate
area
of
five
hundred
six
thousand
three
hundred
seventy
(506,370)
square
meters,
more
or
less,
and
covered
by
Transfer
Certificate
of
Title
No.
T‐276294
issued
by
the
Register
of
Deeds
of
Cavite,
hereinafter
referred
to
as
the
“Property”;
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
4 WHEREAS,
DEVELOPER
is
a
corporation
engaged
in
the
development
of
agricultural,
commercial
and
industrial
lots
into
first
class
agricultural,
commercial
and
industrial
complexes;
WHEREAS,
DEVELOPER
has
offered
to
LANDOWNERS
and
LANDOWNERS
have
accepted
the
offer
of
DEVELOPER
to
develop
the
Property
into
a
farm
lot
Project,
hereinafter
referred
to
as
the
“Project”
WHEREAS,
LANDOWNERS
and
DEVELOPER
will
form
a
Joint
Venture
to
effectively
undertake
the
Project;
NOW,
THEREFORE,
for
and
in
consideration
of
their
mutual
promises
and
covenants,
Parties
agree
to
the
following
terms
and
conditions:
I.
CONDITIONS
PRECEDENT
The
perfection
of
this
Agreement
is
pre‐conditioned
on
the
following
undertakings
by
the
LANDOWNERS:
1.1
to
deliver
the
owner’s
copy
of
the
Property’s
Transfer
Certificate
of
Title
to
DEVELOPER,
accompanied
by
proof
that
it
is
free
from
all
liens
and
encumbrances
whatsoever,
as
referred
to
in
clauses
II
and
IV
hereunder;
1.2
to
deliver
any
certifications
or
documents
showing
the
exemption
of
the
Property
from
the
operation
of
the
Comprehensive
Agrarian
Reform
Program
(CARP);
1.3
to
clear
the
Property
from
the
presence
of
tenants
or
occupants
therein
as
well
as
any
form
of
claims
involving
said
Property;
1.4
to
reconstitute
the
original
copy
of
Transfer
Certificate
of
Title
of
the
Property
on
file
with
the
Registry
Deeds;
1.5
to
pay
all
real
estate
taxes
due
on
the
Property
up
to
the
last
quarter
prior
to
the
execution
of
this
Agreement;
and
1.6
to
secure
authorization
from
the
Board
of
Directors
of
the
FIRSTLANDOWNER
to
enter
into
this
Agreement.
II.
THE
PROPERTY
2.0
The
Property
is
composed
of
five
hundred
six
thousand
three
hundred
seventy
(506,370)
square
meters,
more
or
less,
covered
by
Transfer
Certificate
of
Title
No.
T‐276294
issued
by
the
Register
of
Deeds
of
Cavite
in
the
name
of
LANDOWNERS,
a
certified
true
copy
of
which
is
attached
hereto
as
Annex
“B”
and
made
an
integral
part
of
this
Agreement.
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
5 2.1
LANDOWNERS
guarantee
that
the
entire
Property
is
an
agricultural
area,
transferable,
and
free
from
all
liens
and
encumbrances
whatsoever.
III.
CONTRIBUTION
OF
PROPERTIES
AND
DIVISION
OF
PROFITS
3.0
Organization.
With
the
signing
of
this
Agreement,
the
parties
shall
form
a
Joint
Venture
with
equity
participation
of
SEVENTY
FIVE
PERCENT
[75%]
to
DEVELOPER
and
TWENTY
FIVE
PERCENT
[25%]
to
LANDOWNERS.
The
parties
shall
contribute
to
the
Joint
Venture
the
following:
3.0.1
LANDOWNERS
shall
contribute
the
Property;
and
3.0.2
DEVELOPER
shall
contribute
the
development
costs
sufficient
to
develop
the
Property
into
a
Farm
Lot
Project.
3.1
Division
of
Profits.
In
return
for
the
contribution
of
both
parties,
LANDOWNERS
shall
be
allotted
Twenty
Five
Percent
[25%],
and
DEVELOPER
Seventy
Five
Percent
[75%],
of
the
net
profits
of
the
Joint
Venture.
3.2
Computer
of
Net
Profits.
The
net
profits
earned
by
the
Joint
Venture
shall
be
computed
by
deducting
all
marketing
and
advertising
expenses,
commissions,
and
any
and
all
taxes
incurred
by
and
as
a
consequence
of
the
Joint
Venture.
DEVELOPER
may
advance
the
payment,
which
shall
then
be
considered
as
advances
made
on
its
part,
of
disturbance
compensation
to
the
legitimate
tenants
of
LANDOWNERS.
However,
said
amount
shall
be
deductible
from
the
latter’s
share
in
the
net
profit
of
the
Joint
Venture.
3.3
Title
over
Saleable
and
Non‐saleable
Lots.
As
part
of
DEVELOPER’s
undertaking
in
the
development
of
the
Property
into
a
farm
lot
Project,
the
Joint
Venture
shall
subdivide
the
Properties
into
saleable
lots.
Being
the
registered
owners
of
the
Property,
LANDOWNERS,
upon
the
execution
of
this
Agreement,
shall
execute
and
sign
a
Special
Power
of
Attorney
authorizing
the
duly
designated
Project
Director
to
offer,
negotiate,
enter
into,
execute
and
sign
any
and
all
documents,
contracts,
memoranda,
or
papers
transferring,
conveying,
ceding,
assigning
or
selling
any
or
all
part
of
the
developed
portion
of
the
Property,
to
be
known
as
the
saleable
farm
lots.
Correspondingly,
certificates
of
title
therein
shall
be
issued
in
the
names
of
the
buyers
upon
full
payment
of
the
purchase
price.
Titles
to
all
road
lots,
alleys,
open
spaces
and
other
commonly
used
areas
shall,
after
the
completion
of
the
Project
and
at
such
time
as
agreed
upon
by
the
Parties,
be
assigned
to
the
Municipal
Government
of
Gen.
Trias,
Cavite.
IV.
UNDERTAKING
AND
WARRANTIES
OF
LANDOWNERS
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
6
4.0
LANDOWNERS
warrant
that
they
are
the
lawful,
registered
and
true
owner
of
the
Property,
that
the
Property
is
free
and
clear
from
any
and
all
liens,
encumbrances,
charges,
equities
and
claims
of
any
kind,
nature
and
description,
and
that
the
Property
is
not
covered
by
an
existing
lease
or
option
to
purchase,
lease
or
develop.
4.1
LANDOWNERS
shall
cause
the
relocation
survey
of
the
Property
to
determine
with
definiteness
the
metes
and
bounds
thereof.
4.2
LANDOWNERS
shall
contribute
the
Property
to
the
Joint
Venture.
LANDOWNERS
shall
transfer,
consign,
and
convey
the
complete,
full
and
exclusive
possession,
control
and
management
of
the
Property
to
the
Joint
Venture.
LANDOWNERS
shall
likewise
guarantee
to
DEVELOPER
uninterrupted
physical
control
over
the
Property
and
secure
its
premises
against
unauthorized
persons.
4.3
LANDOWNERS
undertake
to
free
the
Property
from
any
tenants
or
occupants
within
the
time
set
forth
in
clause
I
hereof.
LANDOWNERS
shall
pay
the
tenants
in
the
Property
the
necessary
disturbance
compensation.
4.4
LANDOWNERS
shall
cause
the
annotation,
before
the
Register
of
Deeds
of
Cavite,
of
this
Agreement
at
the
back
of
the
title
of
the
Property.
4.5
LANDOWNERS
undertake
to
execute
any
and
all
documents
necessary
to
obtain
and
assist
the
DEVELOPER
in
the
procurement
of
the
pertinent
permits,
licenses
and
conversion,
reclassification
or
exemption
of
the
Property
for
the
implementation
of
the
Project
by
DEVELOPER.
4.6
LANDOWNERS
undertake
not
to
sell,
transfer,
assign,
mortgage
or
in
any
manner
dispose
of
a
portion
of
or
all
of
their
shares
in
the
Joint
Venture
or
in
the
net
saleable
lots,
without
first
offering
the
same
to
DEVELOPER.
V.
UNDERTAKING
AND
WARRANTIES
OF
DEVELOPER
5.0
DEVELOPER,
as
its
contribution
to
the
Joint
Venture,
shall
develop
the
Property
into
farm
lots.
5.1
DEVELOPER
shall
prepare
the
plan
for
the
development
of
the
Property,
including
detailed
engineering
studies
and
timetable
for
completion
of
each
phase
of
the
Project.
The
development
plan
shall
include,
but
not
limited
to,
the
following:
a.
main
road;
b.
feeder
roads
leading
to
the
individual
lots;
c.
uninterrupted
water
and
power
supply;
d.
clubhouse;
e.
nature
preserve;
f.
man‐made
lakes;
g.
access
plaza;
and
h.
other
structural
amenities
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
7
5.2
DEVELOPER
undertakes
to
complete
the
Project
within
a
period
of
three
(3)
years
from
the
commencement
of
construction,
which
may
be
mutually
extended
by
the
Parties.
The
Parties
may
shorten
the
period
of
three
(3)
years
for
the
construction
of
the
Project
upon
their
mutual
agreement,
should
the
Project
be
earlier
accomplished,
among
other
reasons.
5.3
DEVELOPER
hereby
agrees
that
out
of
the
total
saleable
lots,
an
area
covering
three
(3)
hectares
shall
be
conveyed
to
SECOND
LANDOWNER
at
the
prevailing
selling
price
less
20%,
the
payment
thereof
shall
be
deducted
from
the
latter’s
share
in
the
net
profits
of
the
Joint
Venture.
5.4
DEVLOPER
shall
assist
the
LANDOWNERS
financially
in
freeing
the
Property
from
any
and
all
tenants
or
occupants.
As
such,
DEVELOPER
may
advance
the
amount
necessary
to
pay
the
said
tenants
the
agreed
disturbance
compensation
subject
to
clause
3.2,
second
paragraph.
5.5
DEVELOPER
undertakes
not
to
sell,
transfer,
assign,
mortgage
or
in
any
manner
dispose
of
its
share
in
the
Joint
Venture
or
in
the
net
saleable
lots,
without
first
offering
the
same
to
LANDOWNERS.
VI.
IMPLEMENTATION
AND
TERMINATION
6.0
Supervision,
Monitoring
and
Marketing
of
the
Project.
The
implementation
of
the
Project
shall
be
directed
and
supervised
by
the
nominees
delegated
by
the
Parties
in
a
seven‐man
Oversight
Committee,
which
shall
act
on
their
behalf
in
connection
with
the
Project.
Five
[5]
nominees
shall
be
appointed
by
DEVELOPER
and
two
[2]
by
LANDOWNERS.
A
Project
Director
shall
be
nominated
by
the
Committee.
All
the
expenses
incurred
in
the
hiring
of
a
Project
Director
as
well
as
in
the
marketing
and
promotion
of
the
Project
shall
be
deemed
part
of
operating
expenses
of
the
Joint
Venture.
6.1
Collection
and
Management
of
Revenues.
The
Committee
shall
appoint
a
person
or
persons
who
will
oversee
the
collection,
receipt,
disbursement
and
management
of
the
revenues
received
from
the
Project.
An
established
banking
institution
shall
be
nominated
and
approved
by
both
parties
with
which
the
collection
shall
be
deposited
and
maintained.
6.2
Termination
of
Joint
Venture.
Two
(2)
years
after
the
completion
of
the
Project,
the
sale
of
all
saleable
lots,
the
turn‐over
of
the
road
lots,
alleys
and
other
common
areas
to
the
Municipal
Government
of
Gen.
Trias,
Cavite,
and
the
final
accounting
of
the
total
collection
and
expenses,
the
Joint
Venture
shall
be
deemed
terminated.
In
the
event
that
the
Parties
wish
to
conclude
this
Agreement
prior
to
the
full
development
of
the
Property
and/or
sale
of
all
saleable
farm
lots,
the
Joint
Venture
shall
be
liquidated
and
the
remaining
unsold
lots
will
be
distributed
in
the
proportion
agreed
upon
herein.
6.3
Non‐compliance
of
Conditions
Precedent.
If
any
of
the
conditions
precedent
mentioned‐above
have
not
been
satisfied
as
soon
as
possible
from
the
signing
of
this
Agreement
and
in
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
8 any
event,
within
six
(6)
months
after
the
date
hereof
or
such
later
period
as
mutually
agreed
upon
by
the
parties,
this
Agreement
shall
have
no
effect
whatsoever.
Accordingly,
DEVELOPER
may
choose
to
be
reimbursed
by
LANDOWNERS
of
all
expenses
and
advances
already
incurred
by
reason
of
this
Agreement
either
in
cash,
with
interest
therefrom
at
twenty
one
percent
[21%]
per
annum,
or
in
kind,
with
a
portion
of
the
Property
chosen
specifically
by
DEVELOPER
valued
at
Php250.00
per
square
meter.
However,
should
DEVELOER
still
opt
to
continue
with
the
Project,
despite
the
delay
or
the
non‐ performance
of
any
of
the
conditions
precedent
herein
set
forth,
LANDOWNERS
shall,
after
DEVELOPER
signifies
its
intention
to
continue,
in
no
time
comply
with
the
above
conditions.
Should
LANDOWNERS
still
fail
to
perform
said
conditions,
DEVELOPER
shall
have
the
right
to
render
this
Agreement
ineffective.
The
immediately
preceding
provision
is
without
prejudice
to
the
right
of
DEVELOPER
to
perform
the
necessary
conditions
herein
set
forth,
however,
all
charges
and
expenses
incurred
as
a
consequence
thereof
shall
be
chargeable
in
full
to
LANDOWNERS.
VII.
MISCELLANEOUS
PROVISIONS
7.0
Termination
of
the
Agreement.
This
Agreement
shall
continue
until
terminated
(i)
by
written
agreement
of
the
parties;
or
(ii)
by
the
sale
of
all
assets
and
distribution
of
all
profits
of
the
Joint
Venture
as
stated
in
clauses
6.2
and
6.3
hereof.
The
foregoing
shall
be
without
prejudice
to
the
right
of
the
parties
at
any
time
to
agree
on
other
mutually
satisfactory
arrangements
to
equitably
liquidate
any
remaining
undivided
interests
in
the
assets
of
the
Joint
Venture.
7.1
Mutual
Cooperation.
The
Parties
shall
perform
all
acts
and
execute
and
deliver
all
documents
or
instruments
required
or
necessary
to
fully
implement
or
consummate
the
transactions
contemplated
by
and
the
intent
underlying
this
Agreement.
7.2
Material
Adverse
Change.
In
the
event
that,
at
any
time
prior
to
the
complete
performance
by
DEVELOPER
of
its
obligations
under
this
Agreement,
there
shall
occur
an
extraordinary
change
in
circumstances,
including
but
not
limited
to,
changes
brought
about
by
catastrophes
and
calamities
or
material
changes
in
the
political
and
economic
conditions
of
the
country,
adversely
affecting
the
construction
and
real
estate
development
business
in
the
country
and
the
ability
of
DEVELOPER
to
perform
its
obligations
under
this
Agreement,
and
which
change
is
of
such
nature
or
magnitude
as
to
manifestly
beyond
the
contemplation
of
the
parties
when
they
entered
into
this
Agreement,
then
and
in
such
event,
the
period
fixed
for
DEVELOPER’s
performance
of
its
obligations
hereunder
shall
be
deemed
extended
for
such
period
and
under
such
terms
as
may
be
equitably
agreed
upon
between
the
parties.
The
foregoing
shall
be
without
prejudice
to
the
right
of
the
parties
to
negotiate
in
good
faith
for
other
mutually
acceptable
alternative
arrangements
with
respect
to
the
subject
of
this
Agreement.
7.3
Amendment,
Modifications,
or
Revision.
Neither
party
shall
amend,
modify,
change
or
in
any
way
alter
any
provisions
of
this
Agreement
absent
any
agreement
in
writing
to
this
effect.
7.4
Entire
Understanding.
This
Agreement,
and
the
documents
referred
to
herein
or
executed
concurrently
herewith,
constitute
the
entire
understanding
between
the
parties
and
[LEGAL
FORMS
MANUAL]
5 ATENEO
LAW
3D
’08‐‘09
9 supersede
any
prior
understanding
or
agreement
with
regard
to
the
subject
matter
hereof.
There
are
no
representations,
agreements,
arrangements
or
understandings,
oral
or
written,
between
the
parties
hereto
relating
to
the
subject
matter
hereof
which
are
not
fully
expressed
herein.
7.5
Expenses.
All
expenses
incurred
by
or
on
behalf
of
each
party,
including
all
fees
and
expenses
of
agents,
representatives,
counsels,
and
accountants
employed
by
them,
in
connection
with
the
negotiation,
preparation
and
execution
of
this
Agreement
shall
be
borne
solely
by
the
party
who
shall
have
incurred
the
same,
and
the
other
party
shall
not
have
any
liability
in
respect
thereof.
7.6
Assignment.
This
Agreement
shall
not
be
assignable
by
either
party
hereto
without
the
prior
written
consent
of
the
other
party,
except
that
DEVELOPER
may,
upon
written
notice
to
LANDOWNERS,
assign
its
rights
herein
to
any
corporation
or
entity
in
which
DEVELOPER
beneficially
owns
at
least
51%
of
the
voting
stock.
Subject
to
the
foregoing
restriction,
all
the
terms
and
provisions
of
this
Agreement
shall
be
binding
upon
and
inure
to
the
benefit
of
and
be
enforceable
by
the
respective
successors
and
assigns
of
LANDOWNERS
and
DEVELOPER.
7.7
No
Assumption
of
Liability.
The
DEVELOPER
shall
not
be
held
answerable
for
any
obligations
or
liabilities
of
the
LANDOWNERS
involving
the
Property
and
any
obligations
solely
for
the
account
or
due
to
the
acts
of
the
LANDOWNERS
relative
to
this
Agreement.
7.8
Settlement
of
Disputes.
All
disputes,
controversies
or
differences
arising
out
of
or
in
connection
with
this
Agreement,
including,
without
limitation,
questions
of
interpretation
of
any
of
the
provisions
of
this
Agreement,
shall
be
amicably
settled
by
mutual
consultation
within
thirty
[30]
days
after
written
notice
thereof
has
been
given
by
the
complaining
party.
7.9
Venue
of
Action
and
Attorney’s
Fees.
The
venue
of
any
action/s,
arising
out
of
or
in
connection
with
this
Agreement
after
consultation
for
amicably
setting
the
dispute,
controversy
or
difference
of
the
parties,
shall
only
be
at
the
principal
place
of
business
of
DEVELOPER.
The
prevailing
party
shall
be
entitled
to
reimbursement
from
the
losing
party
of
all
costs,
expenses,
fees
and
other
charges
incurred,
including
payment
of
attorney’s
fees,
in
the
prosecution
or
defense
of
such
action,
which
shall
not
be
less
than
Fifty
Thousand
Pesos
(P50,000.00).
IN
WITNESS
WHEREOF,
the
Parties
hereto
have
caused
these
presents
to
be
signed
and
executed
at
the
date
and
place
above‐stated.
First
Landowner:
RURAL
FARMING,
INC.
By:
LAURO
CELESTINO
President
Second
Landowner:
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
0 EVA
CELESTINO
For
herself
and
as
Attorney‐In‐Fact
of
REGINA
SOPHIA,
MARIA
RAFAELA,
AURORA
LUZ
and
RUFINO,
all
surnamed
CELESTINO
Developer:
MANCON
BERHAD‐CBDC
JOINT
VENTURE
CORPORATION
By:
MARIO
A.
ORETA
President
and
Chief
Executive
Officer
Signed
in
the
Presence:
BERTA
BEN
ARNOLD
MC
STEAMY
(ACKNOWLEDGMENT)
SAMPLE:
Simple
Loan
Agreement
LOAN
AGREEMENT
THIS
LOAN
AGREEMENT,
made
this
3rd
day
of
March,
2009,
by
and
between
SANTO
Realty
Inc.,
a
corporation
duly
organized
under
the
laws
of
the
Philippines,
with
principal
office
at
123
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
represented
by
its
President,
Ernesto
Pogito,
hereinafter
referred
to
as
BORROWER,
and
Miguel
Ares,
of
legal
age,
Filipino,
and
with
residence
and
postal
address
at
38
Maple
Drive,
Rockwell
Village,
Makati,
hereinafter
referred
to
as
the
LENDER.
WHEREAS,
Borrower
is
the
owner
of
certain
real
property
located
in
Antipolo,
Rizal,
on
which
it
is
constructing
an
office
building,
hereinafter
referred
to
as
the
BUILDING;
WHEREAS,
Borrower
is
the
owner
of
a
parcel
of
land
evidenced
by
Transfer
Certificate
of
Title
123456789
where
the
Building
will
be
constructed;
WHEREAS,
Lender
is
a
director
of
the
said
corporation;
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
1 WHEREAS,
Borrower
wishes
to
borrow
certain
monies
from
Lender,
and
Lender
wishes
to
lend
certain
monies
to
Borrower,
in
order
for
Borrower
to
meet
certain
financial
obligations
with
respect
to
Borrower's
construction
of
the
Building
NOW,
THEREFORE,
in
consideration
of
the
mutual
convenants
and
promises
herein,
all
of
which
are
deemed
sufficient,
it
is
hereby
agreed
to
as
follows:
1.
Immediately
upon
the
full
execution
hereof,
Lender
shall
lend
to
Borrower
the
amount
of
Two
Million
Pesos
(P
2,000,000.00)
hereinafter
referred
to
as
the
LOAN.
The
Loan
shall
be
funded
immediately
upon
the
full
execution
hereof,
by
wire
transfer,
certified
check,
or
cash,
as
determined
in
the
sole
discretion
of
the
Borrower.
2.
The
interest
rate
on
the
outstanding
and
unpaid
principal
amount
of
the
Loan
shall
be
twelve
percent
(12%)
simple
interest,
as
calculated
on
an
annual
basis
assuming
a
365‐day
year.
3.
The
term
of
the
Loan
shall
be
twelve
(12)
months
in
length,
beginning
on
March
3,
2009
and
concluding
on
March
3,
2010
hereinafter
referred
to
as
the
TERM.
4.
The
Borrower
shall
make
payments
of
principal
and
interest
to
the
address
of
the
Lender
set
forth
hereinabove.
The
entire
outstanding
and
unpaid
principal
amount
of
the
Loan,
together
with
any
interest
and
penalties
thereon,
shall
be
due
and
payable
at
the
end
of
the
Term.
5.
Borrower
may
prepay
the
Loan
without
premium
or
penalty
at
any
time
during
the
Term
upon
no
less
than
five
(5)
days
prior
notice
by
Borrower
to
Lender.
6.
All
other
points
not
specifically
agreed
herein
shall,
unless
in
conflict
therewith,
be
governed
by
the
provisions
of
the
New
Civil
Code.
IN
WITNESS
WHEREOF,
the
parties
have
hereunto
affixed
their
signatures
this
3rd
day
of
March,
2009,
at
Makati
City,
Philippines.
Ernesto
Pogito
Miguel
Ares
Borrower
on
behalf
of
SANTO
Realty,
Inc.
Lender
SIGNED
IN
THE
PRESENCE
OF:
Jonathan
Nepomuceno
John
Paulo
Salvahan
(ACKNOWLEDGMENT)
SAMPLE:
Management
Contract
(Property)
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
2
PROPERTY
MANAGEMENT
CONTRACT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
Agreement
is
entered
by
and
between
SANTO
REALTY
MANAGEMENT,
INC.
hereinafter
called
"AGENT,"
and
SANTO
PROPERTIES,
INC.,
hereinafter
called
"OWNER."
WITNESSETH:
That,
in
order
to
induce
the
AGENT
to
enter
into
this
agreement,
OWNER
hereby
represents
to
AGENT
that
it
is
the
OWNER
of
the
following
described
property:
Address
of
property:
SANTO
One
Prime
Flats,
123
Shaw
Blvd.,
Mandaluyong
City,
Philippines
In
consideration
of
this
representation
and
the
fees
to
be
paid,
AGENT
agrees
to
act
as
management
AGENT
with
respect
to
this
property,
to
use
due
diligence
in
the
management
of
said
premises
upon
the
terms
herein
provided,
and
agrees
to
furnish
the
services
of
his
organization
for
the
renting,
leasing,
operating
and
managing
of
said
premises
subject
to
and
in
accordance
with
the
terms
and
provisions
set
forth
below.
I.
AGENT'S
COMPENSATION:
A.
A
monthly
management
fee
shall
be
charged,
f
or
this
condominium
property
managed
by
SANTO
REALTY
MANAGEMENT
INC.,
ten
percent
(10%)
of
the
agreed
collected
monthly
rent,
but
not
less
than
P5,000.00,
payable
on
the
first
day
of
each
month.
B.
OWNER
shall
deposit
with
AGENT
a
funding
deposit
of
P50,000.00
which
shall
be
deposited
to
OWNER's
account
to
pay
bills
incurred
on
the
property
prior
to
commencement
of
the
rental
income
stream.
C.
Any
interest
earned
on
any
tenant's
security
deposit
shall
be
retained
by
AGENT
as
an
additional
fee.
D.
Any
late
charge,
judicial
fine,
penalty,
or
multiple
damage;
or
interest
collected
from
the
tenant
shall
be
retained
by
AGENT
as
an
additional
fee.
E.
To
grant
the
AGENT
the
exclusive
right
to
sell,
should
said
property
be
placed
on
the
market
or
sold
during
the
period
of
this
Agreement,
or
within
6
months
after
its
termination,
the
AGENT
shall
be
considered
the
procuring
AGENT
and
entitled
to
6%
of
the
gross
sales
price
as
commission.
II.
DISBURSEMENTS:
AGENT
shall
pay
OUT
OF
OWNER'S
FUNDS
AVAILABLE
the
following
as
they
shall
accrue
and
in
the
order
here
set
out:
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
3 A.
AGENT's
compensation,
as
set
forth
in
Paragraph
I.
B.
Such
advertising
and
utility
bills
(including
gas,
electric,
and
water),
necessary
repairs
and/or
charges
to
maintain
the
property,
and
cleaning
charges
as
shall
accrue
or
be
necessary
to
preserve
the
property
during
periods
of
vacancy
or
occupancy,
or
to
put
the
property
in
a
rentable
condition
after
vacated;
or
expenses
to
regain
possession
and/or
to
attempt
to
collect
delinquent
rent
subject
to
the
provisions
set
forth
below;
or
necessary
professional
fees;
or
governmental
assessments.
C.
Proceeds
to
OWNER.
Tenancy
revenues,
refunds,
adjustments,
or
other
funds
due
OWNER.
D.
IT
IS
EXPRESSLY
AGREED
THAT
NOTHING
HEREIN
CONTAINED
SHALL
BE
CONSTRUED
AS
REQUIRING
AGENT
TO
ADVANCE
ANY
OF
ITS
OWN
MONIES
FOR
ANY
PURPOSE
WHATSOEVER.
IV.
GENERAL
PROVISIONS:
A.
GRANT
OF
POWER.
Subject
to
the
limitations
set
out
herein,
OWNER
grants
AGENT
full
power
and
authority
to
lease,
let,
rent
and
demise
the
real
property
described,
or
any
part
thereof,
in
its
own
name
as
AGENT
for
OWNER.
In
order
to
effectuate
the
same,
AGENT
may
enter
into
such
written
contracts
and/or
leases
as
AGENT
deems
necessary,
in
its
own
name
as
AGENT
for
OWNER.
AGENT
may
collect
and
receive
all
rents
arising
as
a
result
of
AGENT's
management
of
the
premises.
AGENT
may
use
such
means
as
are
ordinary
and
customary
in
collecting
or
attempting
to
collect
any
delinquent
accounts.
AGENT
may,
at
his
discretion
evict
any
tenant
who
violates
any
term
of
the
lease.
OWNER
hereby
assigns
to
AGENT
any
and
all
delinquent
rents
which
may
accrue
from
any
tenant
for
the
purpose
of
crediting
such
rents
to
OWNER's
operating
account
for
required
disbursement.
B.
COLLECTION
OF
RENT.
AGENT
shall
use
such
means
as
are
ordinary
and
customary
to
collect
or
attempt
to
collect
any
rent
from
any
tenant
of
the
premises.
In
the
event
that
legal
action
is
necessary
to
obtain
judgment
for
possession
of
the
premises,
delinquent
rent,
or
damages
upon
other
causes
of
action,
AGENT
is
authorized
to
employ
attorneys,
to
sue
in
its
own
name
as
AGENT
for
OWNER,
and
to
expend
the
sum
of
P20,000.00
from
OWNER's
account
for
such
purposes
without
OWNER's
prior
permission.
Additionally,
AGENT
will,
when
requested
by
OWNER,
instigate
action,
legal
or
otherwise,
for
the
collection
of
rents
which
is
beyond
the
discretion
heretofore
allowed
to
AGENT,
provided
such
action
is
considered
reasonable
by
the
AGENT.
AGENT
SHALL
NOT
BE
HELD
MONETARILY
RESPONSIBLE
FOR
ITS
INABILITY
TO
COLLECT
RENTS.
AGENT
SHALL
NOT
BE
HELD
RESPONSIBLE
FOR
ANY
EXPENSES
INCURRED
FOR
LEGAL
ACTION
INVOLVED
IN
THE
COLLECTION
OF
RENTS
AND/OR
THE
EVICTION
OF
ANY
TENANT
AND/OR
DAMAGES
INCURRED
TO
THE
PROPERTY.
All
such
expenses
shall
be
paid
by
OWNER,
reimbursable
in
the
event
AGENT
is
able
to
collect
the
rents,
legal
fees,
or
damages
from
the
tenant.
C.
MAINTENANCE.
AGENT
shall
have
full
authority
to
perform
or
to
cause
to
be
performed
such
maintenance
of
the
property
as
is
reasonable
and
necessary
for
the
safety
of
the
tenants
and
the
preservation
of
the
property.
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
4 AGENT
may,
at
his
sole
discretion,
install
fire/smoke
detectors,
carbon
monoxide
detectors,
and/or
fire
extinguishers
on
the
property
at
OWNER's
expense.
In
the
event
maintenance,
repairs,
or
construction
are
required
to
be
performed
on
the
property
in
excess
of
P50,000.00,
AGENT
shall
be
entitled
to
a
fee
of
ten
percent
(10%)
of
the
total
for
said
expenditures
for
the
supervision
of
same
per
incident.
D.
DISCRETIONARY
AUTHORITY.
OWNER
expressly
grants
AGENT
full
power
and
authority
to
contract
and
pay
for
all
repairs
and
cleaning
costs,
not
exceeding
the
amount
of
P10,000.00,
which
in
its
discretion
it
deems
necessary
or
advisable
to
maintain;
or
put
the
premises
in
a
rentable
condition;
or
to
repair
the
same
in
the
event
of
damage
or
destruction
to
the
premises
due
to
fire,
windstorm,
hail,
flood,
riot,
civil
commotion,
tenant
abuse,
or
other
causes
resulting
in
damage
to
the
premises,
all
out
of
the
OWNER's
funds
on
hand.
Should
the
estimate
or
contemplated
cost
exceed
the
funds
on
hand,
the
OWNER
shall
promptly
remit,
upon
AGENT's
request,
the
necessary
balance.
In
an
emergency,
as
determined
in
AGENT's
discretion,
the
OWNER
authorizes
AGENT's
expenditure
in
excess
of
funds
on
hand
(above
the
P10,000.00
limit)
without
prior
authorization.
OWNER
shall
thereafter
promptly
remit,
upon
AGENT's
request,
the
necessary
balance.
Failure
of
OWNER
to
remit
balances
described
in
this
subparagraph
shall
result
in
AGENT's
reimbursement
therefor
from
subsequent
revenues
ordinarily
accruing
and
payable
to
the
OWNER.
E.
INSURANCE
COVERAGE.
OWNER
is
obligated,
at
OWNER's
expense,
to
keep
the
necessary
Fire
and
Extended
Coverage
and
Liability
Insurance
current
and
renewed.
F.
LIABILITY
OF
AGENT.
It
is
agreed
that
AGENT
shall
use
reasonable
and
ordinary
care
in
the
selection
of
tenants
and
all
other
acts
assigned
for
performance
by
this
Agreement.
When
any
act
is
required
of
the
AGENT,
it
shall
be
done
in
the
ordinary
course
of
the
AGENT's
business.
G.
ACCOUNTING
FOR
FUNDS.
The
AGENT
shall
furnish
OWNER
a
monthly
accounting
statement
showing
the
receipts
and
expenditures
with
respect
to
the
premises,
plus
OWNER's
monthly
proceeds.
The
AGENT
shall
furnish
a
final
accounting
upon
the
termination
of
this
agreement
within
thirty
(30)
days
from
the
date
of
a
written
request
of
management
termination.
H.
SECURITY
AND
DAMAGE
DEPOSITS.
All
security
and
damage
deposits
shall
be
returned
to
the
tenant
by
the
AGENT
when
the
tenant
vacates
the
premises,
subject
to
AGENT's
determination,
consistent
with
Philippine
law,
whether
the
tenant
has
damaged
the
property
in
excess
of
ordinary
wear
and
tear,
with
the
exception
of
accrued
interest.
The
AGENT
shall
properly
account
for
sums
retained
for
the
purpose
of
off‐setting
OWNER's
expenses
for
unpaid
rent,
utilities,
cleaning
charges
or
repairs.
In
the
event
litigation
shall
occur
concerning
security
deposits,
the
AGENT
shall
defend
the
same
in
its
own
name
as
AGENT
for
the
OWNER
and
at
the
OWNER's
expense.
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
5 Should
AGENT
and
OWNER
disagree
on
the
amount
of
security
deposit
that
the
AGENT
intends
to
refund
the
tenant,
the
AGENT
may
forward
the
full
amount,
less
interest,
to
the
OWNER
within
five
(5)
days
notice
of
dispute.
As
of
mailing,
the
AGENT
shall
have
no
further
obligation
or
liability
whatsoever
concerning
the
security
deposit
to
any
person
or
entity
and
the
OWNER
shall
hold
AGENT
harmless
there
from.
Should
this
Agreement
terminate
while
an
existing
tenant's
security
deposit
is
in
the
AGENT's
possession,
the
AGENT
shall
forward
that
amount
in
full,
less
interest,
to
the
OWNER
within
ten
(10)
working
days.
As
of
mailing,
AGENT
shall
have
no
further
obligation
or
liability
whatsoever
concerning
the
security
deposit
to
any
person
or
entity;
the
OWNER
shall
hold
AGENT
harmless
therefrom.
I.
TERMINATION.
This
agreement
may
be
terminated
by
either
party
upon
sixty
(60)
day's
written
notice.
If
so
terminated,
the
OWNER
shall
retake
possession
of
the
premises,
subject
to
the
rights
of
any
tenant
rightfully
in
possession.
OWNER's
proceeds
shall
be
distributed
by
the
AGENT
thirty
(30)
days
after
termination,
unless
outstanding
AGENT
or
third‐party
obligations
remain,
in
which
case
distribution
shall
be
accomplished
immediately
after
such
last
obligation
is
satisfied.
J.
PARTIAL
WAIVER
OR
ACQUIESCENCE
NO
BAR.
AGENT's
waiver,
forbearance,
or
acquiescence
of
any
of
its
rights
or
remedies,
in
whole
or
in
part,
shall
not
serve
to
waive,
bar,
or
compromise
any
contemporaneous
or
subsequent
right
or
remedy.
K.
WHOLE
AGREEMENT.
This
writing
embodies
the
entire
agreement
between
the
parties
and
is
not
based
upon
any
other
representation
whatsoever,
expressed
or
implied,
except
as
herein
contained.
The
Agreement
cannot
be
modified
except
in
writing
and
agreed
to
by
the
parties.
L.
EFFECTIVE
DATE.
Management
by
AGENT
shall
be
effective
on
5
January
2009
and
shall
be
effective
for
a
period
of
one
year
or
ending
on
5
January
2010.This
agreement
shall
automatically
be
renewed
for
additional
one
year
periods
from
the
end
date
stated
as
its
ending
date
unless
written
notice
of
its
non‐renewal
is
given.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
hereunto
set
their
hands
this
4th
day
of
January
2009
at
the
City
of
Makati,
Philippines.
MA.
ANGELA
AGUINALDO
JONATHAN
FRANCIS
NEPOMUCENO
President
President
SANTO
REALTY
MANAGEMENT
INC.
SANTO
PROPERTIES
INC.
WITNESSES:
DINGDONG
DANTES
PAPA
PIOLO
PASCUAL
(ACKNOWLEGMENT)
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
6
SAMPLE:
Pledge
Agreement
PLEDGE
AGREEMENT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
THIS
PLEDGE
AGREEMENT
is
dated
March
29,
2002
(this
Agreement).
BETWEEN:
(1) Guadalupe
Nuevo,
Filipino,
of
legal
age,
widow
and
residing
at
1
Maalindog
Street,
Maasin,
Southern
Leyte,
(the
“Pledgor”)
(2) Meandred
Zobel
de
Ayala,
Filipino,
of
legal
age,
single
and
residing
at
1
Arlegui
Street,
San
Miguel,
Manila,
(the
“Pledgee”)
WHEREAS:
The
Pledgor
owes
the
Pledgee
by
way
of
promissory
note
the
amount
of
One
Hundred
Thousand
Pesos
(P100,000.00)
with
12%
compounded
interest
per
annum
payable
on
December
31,
2002,
and
has
offered
and
agreed
to
secure
the
repayment
of
said
loan,
the
interests
accruing
thereon,
the
costs
of
collecting
the
same,
the
costs
and
charges
of
keeping
the
pledged
property
and
all
other
expenditures
which
may
be
incurred
in
connection
herewith,
by
means
of
a
good
and
valid
first
pledge
of
jewelries.
NOW,
THEREFORE,
in
consideration
of
the
foregoing,
and
for
other
good
and
valuable
consideration
the
receipt
and
sufficiency
of
which
is
hereby
acknowledged,
the
parties
hereby
agree
as
follows:
1. Pledgor
hereby
pledges,
assigns,
transfers,
delivers,
sets
over
and
grants
to
the
Pledgee
as
security
for
the
timely
payment
and
discharge
of
the
loan,
a
continuing
security
interest
of
first
priority
in
all
of
such
pledgor’s
right,
title
and
interest
in
and
to
the
Pledged
jewelries,
which
pledgor
owns
for
the
purpose
of
perfecting
the
security
over
the
Pledged
jewelries
in
accordance
with
all
legal
requirements,
the
Pledgor,
having
the
free
disposal
thereof,
shall
deliver
to
the
Pledgee:
1
set
of
Diamond
jewelries
laden
in
gold
worth
One
Hundred
Thousand
Pesos
(Pledged
jewelry)
2. The
rights
of
the
Pledgee
are
as
follows:
a. She
has
the
right
to
reimbursement
of
the
expenses
for
its
preservation.
b. She
has
the
right
to
bring
actions
which
pertain
to
the
owner
of
the
thing
pledged
in
order
to
recover
it
from,
or
defend
it
against
third
persons.
c. She
has
the
right
to
possess
and
use
the
Pledged
jewelries.
d. She
has
the
right
to
bid
at
the
public
auction
and
if
she
is
the
only
bidder,
she
will
be
given
the
right
to
appropriate
the
thing
for
failure
to
sell
on
two
public
auction
sales.
3. The
obligations
of
the
Pledgee
are
as
follows:
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
7 a. She
must
take
care
of
the
Pledged
jewelries
with
the
diligence
of
a
good
father
of
a
family
otherwise
she
will
be
liable
for
its
loss
or
deterioration.
b. She
must
not
deposit
the
Pledged
jewelries
to
a
third
person
without
the
consent
of
the
pledgor.
c. She
must
inform
the
pledgor
on
the
effect
of
the
auction
sale
whether
the
proceeds
were
enough
to
cover
the
principal
obligation.
d. She
has
the
duty
to
return
the
excess
of
the
proceeds
from
the
auction
sale
to
the
pledgor.
4. The
rights
of
the
Pledgor
are
as
follows:
a. The
ownership
of
the
Pledged
jewelries
remains
with
the
pledgor.
b. She
has
the
right
of
choice
as
to
which
of
the
Pledged
jewelries
must
be
sold
in
a
public
auction.
c. She
has
the
right
to
bid
at
the
public
auction
and
will
be
given
preference
of
buying
the
Pledged
jewelries
if
she
is
one
of
the
several
highest
bidders
offering
the
same
terms.
5. It
is
the
obligation
of
the
Pledgor,
who
knowing
the
flaws
on
the
Pledged
jewelries,
to
advise
the
Pledgee
of
the
same
and
she
will
be
liable
to
the
latter
for
damages
which
she
may
suffer
by
reason
thereof.
6. The
Pledged
jewelries
can
be
alienated
by
the
Pledgor
with
the
consent
of
the
Pledgee
subject
to
the
terms
of
this
pledge.
Such
ownership
of
the
Pledged
jewelries
will
only
be
transmitted
to
the
vendee
as
soon
as
the
Pledgee
consents
to
such
alienation
but
the
latter
shall
continue
in
possession.
7. When
the
Pledgor
is
unable
to
comply
with
his
obligation
when
it
becomes
due
and
demandable,
the
Pledgee
has
the
right
of
retention
and
the
right
to
sell
the
Pledged
jewelries
in
a
public
auction
complying
with
Article
2112
of
the
New
Civil
Code.
8. This
agreement
constituted
will
be
extinguished
upon
the
fulfillment
of
the
principal
obligation
and
the
Pledged
jewelries
must
be
returned
to
the
Pledgor
in
such
event.
IN
WITNESS
WHEREOF,
the
Pledgee
and
the
Pledgor
have
caused
this
Agreement
to
be
executed
and
delivered
as
a
deed
as
of
the
day
and
year
first
above
written.
Guadalupe
Nuevo
Meandred
Zobel
de
Ayala
Pledgor
Pledgee
Signed
in
the
presence
of:
Azenith
O.
Viojan
Mildred
Joy
P.
Que
(ACKNOWLEDGMENT)
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
8
SAMPLE:
Stock
Pledge
Agreement
STOCK
PLEDGE
AGREEMENT
THIS
STOCK
PLEDGE
AGREEMENT
(the
"STOCK
PLEDGE
AGREEMENT")
is
entered
into
as
of
25
February
2009,
by
and
between
SANTO
REALTY
INC.,
a
Philippine
corporation,
as
pledge
holder
("PLEDGE
HOLDER")
for
SANTO
ENTERPRISES,
INC.,
a
Philippine
corporation
("PLEDGEE"),
and
LEWIS
HAMILTON
("PLEDGOR").
RECITALS
WHEREAS,
Pledgor
has
deposited
with
the
Pledge
Holder
and
has
pledged
to
the
Pledgee
as
collateral
security
for
the
payment
and
full,
faithful,
true,
and
exact
performance
and
observance
of
all
of
the
covenants
and
conditions
of
a
certain
Promissory
Note
dated
20
February
2009
in
the
original
principal
amount
of
P1,000,000.00
(the
"NOTE"),
1,000
shares
of
Class
A
Common
Stock
of
Pledgee,
represented
by
Stock
Certificate
Number
A5.
AGREEMENT
NOW,
THEREFORE,
in
consideration
of
the
premises
set
forth
above
and
other
good
and
valuable
consideration,
the
receipt
of
which
is
hereby
acknowledged,
the
parties
hereto
agree
to
execute
this
Stock
Pledge
Agreement
as
follows:
1.
Pledgor
agrees
that
it
is
the
intent
of
Pledgor
and
Pledgee
that
the
fair
market
value
of
the
Collateral
equal
not
less
than
total
principal
and
accrued
interest
owed
pursuant
to
the
Note
(the
"TOTAL
OBLIGATIONS")
throughout
the
term
of
the
Note.
If,
at
anytime
during
the
term
of
the
Note,
the
fair
market
value
of
the
Collateral
drops
below
the
Total
Obligations,
then
Pledgor
shall
immediately
grant
to
Pledgee
a
security
interest
in
other
assets
of
Pledgor
acceptable
to
Pledgee
and
sufficient
in
value
to
bring
the
total
fair
market
value
of
all
the
Collateral
up
to
the
Total
Obligations.
2.
Pledgor,
upon
any
default
of
the
Pledgor
in
the
prompt
payment
or
due
performance
of
any
of
the
obligations
mentioned
in
said
Note,
hereby
authorizes
and
empowers
Pledge
Holder
on
behalf
of
Pledgee,
at
its
option
and
without
notice
to
Pledgor,
except
as
specifically
herein
provided,
to
collect,
sell,
assign,
and
deliver,
the
whole
or
any
part
of
the
Collateral,
or
any
substitute
therefor
or
addition
thereto,
at
public
or
private
sale,
for
cash,
upon
credit,
or
for
future
delivery,
without
the
necessity
of
the
Collateral
being
present
at
any
such
sale,
or
in
view
of
prospective
purchasers
thereof,
and
without
any
presentment,
demand
for
performance,
protest,
notice
of
protest,
or
notice
of
dishonor,
or
advertisement,
any
such
demand
or
advertisement
being
expressly
waived.
[LEGAL
FORMS
MANUAL]
6 ATENEO
LAW
3D
’08‐‘09
9
3.
In
case
of
any
such
sale
or
disposal,
the
proceeds
thereof
shall
first
be
applied
to
the
payment
of
the
expenses
of
such
sale,
commissions,
attorneys'
fees,
and
all
charges
paid
or
incurred
by
Pledge
Holder
and
Pledgee
pertaining
to
said
sale,
including
any
taxes
or
other
charges
imposed
by
law
upon
the
Collateral
and/or
the
owning,
holding,
or
transferring
thereof;
secondly,
to
pay,
satisfy,
and
discharge
the
duties
and
obligations
of
Pledgor
as
set
forth
in
said
Note,
and
thirdly,
to
pay
the
surplus,
if
any,
to
Pledgor.
4.
In
case
of
any
such
sale
by
Pledgee
or
all
or
any
of
said
Collateral
on
credit,
or
for
future
delivery,
such
property
so
sold
may
be
retained
by
Pledgee
or
the
Pledge
Holder
until
the
selling
price
is
paid
by
the
purchaser.
The
Pledge
Holder
and/or
Pledgee
shall
incur
no
liability
in
case
of
the
failure
of
the
purchaser
to
take
up
and
pay
for
the
property
so
sold.
In
case
of
any
such
failure,
the
said
Collateral
may
be
again,
from
time
to
time,
sold.
5.
Notwithstanding
any
other
provision
of
this
Stock
Pledge
Agreement,
Pledgor
shall
have
the
right
to
vote
the
Collateral
during
the
term
of
this
Stock
Pledge
Agreement
unless
Pledgor
defaults
on
the‐prompt
performance
of
its
obligations
under
the
terms
of
the
Note,
in
which
case
the
right
to
vote
the
Collateral
shall
vest
in
the
Pledgee.
6.
Any
stock
rights,
and
rights
to
subscribe,
dividends
paid
in
stock,
new
securities,
or
other
property,
which
Pledgor
may
hereafter
become
entitled
to
receive
on
account
of
the
Collateral,
shall
be
and
become
a
part
of
the
Collateral,
and
in
the
event
that
Pledgor
shall
receive
any
such
property,
it
will
immediately
deliver
it
to
the
Pledge
Holder
to
be
held
by
it
in
the‐same
manner
as
the
Collateral
originally
pledged
hereunder.
7.
The
Pledgor
hereby
irrevocably
appoints
Pledge
Holder
as
its
true
and
lawful
attorney
for
purposes
of
this
Stock
Pledge
Agreement,
only
until
such
time
as
this
Stock
Pledge
Agreement
shall
be
cancelled
by
payment
of
the
Note
or
as
herein
provided,
in
order
to
transfer
the
shares
of
stock
deposited
herewith
as
the
Collateral
and
has
executed
an
Assignment
Separate
From
Certificate
in
order
to
effect
the
same,
and
to
take
any
and
all
actions
authorized
and
provided
for
herein.
8.
In
case
of
any
adverse
claims
in
respect
to
the
Collateral
or
any
portions
thereof,
arising
out
of
any
act
done
or
suffered
by
Pledgor,
the
Pledgor
promises
and
agrees
to
hold
harmless
and
to
indemnify
Pledgee
from
and
against
any
losses,
liabilities,
damages,
expenses,
costs,
and
reasonable
attorneys'
fees
incurred
in
or
about
defending,
protecting,
or
prosecuting
the
security
interests
hereby
created.
9.
Pledgor
agrees
to
pay,
prior
to
delinquency,
all
taxes,
liens,
and
assessments
against
the
Collateral,
and
upon
its
failure
to
do
so,
Pledgee,
at
its
option,
may
pay
any
of
them,
and
shall
be
the
sole
judge
of
the
legality
or
validity
thereof
and
the
amount
necessary
to
discharge
same.
10.
Any
forbearance
or
failure
or
delay
by
Pledgee
in
exercising
any
right,
power,
or
remedy
hereunder
shall
not
be
deemed
to
be
a
waiver
of
such
right,
power,
or
remedy,
and
any
single
or
partial
exercise
of
any
right,
power,
or
remedy
of
Pledgee
shall
continue
in
full
force
and
effect
until
such
right,
power,
or
remedy
is
specifically
waived
by
an
instrument
in
writing
executed
by
Pledgee.
11.
The
Pledgee
has
the
right
to
declare
the
Note
delivered
to
Pledgee
by
Pledgor
which
this
pledge
secures
immediately
due
and
payable
upon
any
sale,
transfer,
conveyance,
or
alienation
of
any
of
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
0 the
Collateral
by
Pledgor
during
its
lifetime,
or,
upon
the
death
of
Pledgor,
by
the
estate
or
legal
representative
of
Pledgor.
Upon
payment
of
the
unpaid
balance
and
all
interest
accrued
thereon
of
said
Note,
said
Note
shall
be
deemed
fully
performed
and
satisfied
and
this
Stock
Pledge
Agreement
shall
be
cancelled
and
of
no
further
force
and
effect.
12.
When
said
Note
shall
have
been
fully
performed
and
satisfied
and
Pledgee
shall
have
received
from
Pledgor
payment
in
full
of
the
Note,
then,
and
only
then,
when
the
foregoing
shall
have
occurred,
this
Stock
Pledge
Agreement
shall
be
cancelled
and
of
no
further
force
and
effect,
and
Pledge
Holder
shall
thereupon
deliver
to
Pledgor
the
Collateral
free
and
clear
of
the
lien
of
this
pledge.
13.
All
provisions
of
law,
in
equity,
and
by
statute
providing
for,
relating
to,
or
pertaining
to
pledges
and
the
sale
of
pledged
property,
or
which
prescribe,
prohibit,
limit,
or
restrict
the
right
to,
or
conditions,
notice
or
manner
of
sale,
together
with
all
limitations
of
law,
in
equity
or
by
statute
on
the
right
of
attachment
in
the
case
of
secured
obligations,
are
hereby
expressly
waived
by
Pledgor.
14.
Pledgor
and
Pledgee
agree
to
and
do
hereby
indemnify
and
hold
Pledge
Holder
harmless
against
any
and
all
losses
damages,
claims,
and
expenses,
including
reasonable
attorneys'
fees,
that
may
be
incurred
by
it
by
reason
of
its
compliance
with
the
terms
hereof.
15.
This
Stock
Pledge
Agreement,
and
all
of
the
rights
and
duties
in
connection
therewith,
shall
be
governed
by
the
laws
of
the
Philippines.
16.
Any
notice
or
demand
to
be
given
hereunder
shall
be
in
writing
and
shall
be
served
personally
or
by
registered
mail.
If
served
by
registered
mail,
it
shall
be
deemed
given
or
made
three
(3)
days
after
the
deposit
thereof
in
the
Philippine
Postal
mail,
postage
prepaid.
Any
notice
or
demand
shall
be
given
at
the
address
set
forth
in
the
Note.
17.
This
Stock
Pledge
Agreement
and
all
of
its
terms
and
provisions
shall
be
binding
upon
the
heirs,
successors,
transferees
and
assigns
of
each
of
the
parties
hereto.
18.
This
Amended
and
Restated
Stock
Pledge
Agreement
is
effective
as
of
the
date
first
set
forth
above.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
hereunto
set
their
hands
this
25th
day
of
February
2009
at
the
City
of
Makati,
Philippines.
Pledgor:
___________________________
Lewis
Hamilton
Pledgee:
___________________________
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
1
Jonathan
Nepomuceno
President
SANTO
ENTERPRISES
INC.
Pledge
Holder:
___________________________
Ma.
Angela
Aguinaldo
Chief
Financial
Officer
SANTO
REALTY
INC.
Witnesses:
____________________________
Ryan
Christopher
Teehankee
____________________________
Jon
Paulo
V.
Salvahan
(ACKNOWLEGMENT)
SAMPLE:
Deed
of
Sale
(With
Pacto
de
Retro)
DEED
OF
SALE
WITH
PACTO
DE
RETRO
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
DEED
OF
SALE
WITH
PACTO
DE
RETRO
made
and
executed
by
and
between:
GUDALUPE
NUEVO,
Filipino,
of
legal
age,
widow,
with
residence
and
post‐office
address
at
1
Maalindog
Street
Maasin
Southern
Leyte,
hereinafter
called
the
“SELLER”,
‐
and
‐
MEANDRED
ZOBEL
DE
AYALA,
Filipino,
of
legal
age,
single,
with
residence
and
post‐ office
address
at
No.
1
Arlegui
Street,
Quiapo,
Manila,
hereinafter
called
the
“BUYER”.
‐W
I
T
N
E
S
S
E
T
H‐
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
2
That
the
SELLER
is
the
absolute
owner
of
a
certain
parcel
of
land
with
all
the
buildings
and
improvements
thereon,
situated
at
1
Maalindog
Street,
Maasin,
Southern
Leyte,
and
more
particularly
described
as
follows,
to
wit:
“A
parcel
of
land
described
on
plan
Psu‐36331
and
LRC
Rec
No.
16019,
situated
in
the
Municipality
of
Maasin,
Province
of
Southern
Leyte.
Bounded
on
the
NE.,
pts.
3
to
4
by
Road
Lot
3,
on
the
SE.,
pts
4
to
1
by
Lot
19m
on
the
SW.,
pts
1
to
2
by
lot
18,
and
on
the
NW.,
pts
2
to
3
by
Lot
15,
all
of
the
subdivision
plan
xx
xxx
containing
an
are
of
TWO
HUNDRED
SIXTEEN
(216)
SQUARE
METERS,
more
or
less…”
her
title
thereto
being
evidenced
by
Transfer
Certificate
of
Title
No.
123456
issued
by
the
Register
of
Deeds
of
Maasin,
Southern
Leyte;
That
the
SELLER,
for
and
in
consideration
of
the
sum
of
FIVE
HUNDRED
THOUSAND
PESOS
(P500,000),
Philippine
currency,
to
her
in
hand
paid
and
receipt
whereof
is
hereby
acknowledged
does
hereby
SELL,
TRANSFER,
and
CONVEY,
under
PACTO
DE
RETRO
unto
the
said
BUYER,
her
heirs
and
assigns,
the
above‐described
property
with
all
the
buildings
and
improvements
thereon,
free
from
all
liens
and
encumbrances
whatsoever;
That
the
SELLER,
in
executing
this
conveyance,
hereby
reserves
the
right
to
REPURCHASE,
and
the
BUYER,
in
accepting
the
same,
hereby
obligates
herself
to
RESELL,
the
property
herein
conveyed
within
a
period
of
five
(5)
years
from
and
after
the
date
of
this
instrument,
for
the
same
price
of
FIVE
HUNDRED
THOUSAND
PESOS
(P500,000),
Philippine
currency:
Provided
however,
that
if
the
SELLER
shall
fail
to
exercise
her
right
to
repurchase
as
herein
granted
within
the
period
stipulated,
then
this
conveyance
shall
become
absolute
and
irrevocable,
without
the
necessity
of
drawing
up
a
new
deed
of
absolute
sale,
subject
to
the
requirements
of
the
law
regarding
consolidation
of
ownership
of
real
property.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
hereunto
set
their
hands
this
29th
day
of
March
2003
in
Manila,
Philippines.
GUADALUPE
NUEVO
MEANDRED
ZOBEL
DE
AYALA
SELLER
BUYER
Signed
in
the
presence
of:
AZENITH
O.
VIOJAN
MILDRED
JOY
P.
QUE
(ACKNOWLEDGEMENT)
SAMPLE:
Deed
of
Absolute
Sale
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
3
DEED
OF
ABSOLUTE
SALE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
I,
Juan
G.
Dela
Cruz,
of
legal
age,
married
to
Maria
C.
Dela
Cruz,
Filipino
citizen,
and
a
resident
of
21
Esteban
Abada
St.,
Loyola
Heights,
Quezon
City,
in
consideration
of
the
sum
of
Four
Million
Five
Hundred
Sixty
Thousand
Pesos
(P4,560,000.00),
to
me
in
hand
paid
by
Mario
C.
Feliciano,
of
legal
age,
married
to
Belen
P.
Feliciano,
Filipino
citizen,
and
resident
of
129
J.P.Rizal
St.,
Project
4,
Quezon
City,
do
hereby
sell
and
convey
unto
said
Mario
C.
Feliciano,
his
heirs
and
assigns,
a
parcel
of
land
with
the
improvements
thereof
situated
in
Antipolo,
Rizal,
and
more
particularly
described
as
follows:
A
PARCEL
OF
LAND
(Lot
20
Blk
54
of
consolidation
subdivision
plan
(LRC)
Pcs‐13265,
being
a
portion
of
the
consolidation
of
Lots
4751‐A
and
4751‐B
(LRC)
Psd‐50533,
Lot
3,
Psd‐100703,
Lot
1,
Psd‐150980,
LRC
Rec.
Nos.
Nos.
N‐27024,
51768,
89632,
N‐11782,
N‐13466,
and
21071
situated
in
Municipality
of
Antipolo,
Province
of
Rizal,
Island
of
Luzon.
Bounded
on
NE.,
point
4
to
1
by
Road
Lot
22,
on...to
the
point
of
beginning;
containing
an
area
of
(2,275)square
meters
more
or
less."
of
which
I
am
the
registered
owner
in
accordance
with
the
Land
Registration
Act,
as
amended,
my
title
thereto
being
evidenced
by
Original/Transfer
Certificate
of
Title
No.
12345
issued
by
the
Register
of
Deeds
of
Antipolo,
Rizal.
IN
WITNESS
WHEREOF,
I
have
hereunto
signed
these
presents
at
the
Quezon
City
this
4th
day
of
April,
2009.
Juan
G.
Dela
Cruz
Mario
C.
Feliciano
Seller
Buyer
With
Marital
Consent:
Maria
C.
Dela
Cruz
Belen
P.
Feliciano
Seller’s
Spouse
Buyer’s
Spouse
Signed
in
the
Presence
of:
Loida
T.
Garcia
Fernando
G.
Zamora
(ACKNOWLEDGMENT)
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
4
SAMPLE:
Deed
of
Assignment
and
Transfer
of
Rights
DEED
OF
ASSIGNMENT
AND
TRANSFER
OF
RIGHTS
KNOW
ALL
MEN
BY
THIS
PRESENTS:
This
deed,
made
and
entered
into
this
4th
day
of
April
2009
at
the
City
of
Manila,
by
and
between:
Juan
G.
Dela
Cruz,
Filipino
Citizen,
of
legal
age,
married
to
Maria
C.
Dela
Cruz
with
residence
and
postal
address
at
21
Esteban
Abada
St.
Loyola
Heights
Quezon
City,
hereinafter
referred
to
as
the
"ASSIGNOR"
‐and‐
Mario
C.
Feliciano,
Filipino
Citizen,
of
legal
age,
married
to
Belen
P.
Feliciano
with
residence
and
postal
address
at
129
J.P.Rizal
St.
Project
4
Quezon
City,
hereinafter
referred
to
as
the
"ASSIGNEE".
WITNESSETH:
That
‐
WHEREAS,
the
ASSIGNOR
is
the
buyer
of
a
2‐bedroom
condominium
unit
located
at
18C
Grand
Towers
Condominium,
178
Taft
Avenue,
Manila,
with
an
area
of
Ninety
Seven
(97)
SQUARE
METERS,
more
or
less,
covered
by
Condominium
Certificate
Title
No.
97624
of
the
Register
of
Deeds
of
Manila,
registered
in
the
name
of
the
Bank
of
the
Philippine
Islands.;
WHEREAS,
the
ASSIGNOR
has
offered
to
assign
all
his
rights,
title
and
interest
over
the
above
unit,
as
referred
in
a
Contract
to
Sell,
and
the
ASSIGNEE
hereby
accepts
the
assignment
in
accordance
with
the
terms
herein
set
forth;
NOW,
THEREFORE,
for
and
in
consideration
of
the
foregoing
premises
and
the
sum
of
TWO
MILLION
PESOS
(P2,000,000.00),
Philippine
Currency,
which
the
ASSIGNOR
hereby
acknowledged
to
have
received
from
the
ASSIGNEE,
the
ASSIGNOR
hereby
assigns,
transfers
and
conveys
unto
the
ASSIGNEE
all
his
rights,
title
and
interests
to
the
aforementioned
property
and
appurtenant
interest
in
the
Condominium
project
pursuant
to
this
Agreement
and
the
ASSIGNEE
by
these
presents
hereby
accepts
the
assignment
and
agrees
to
be
bound
by
the
terms
and
conditions
of
the
Contract
to
Sell
and
the
rules
and
regulations,
and
restrictions
pertaining
to
the
said
unit.
IN
WITNESS
WHEREOF,
the
parties
have
hereunto
set
their
hands
on
the
date
and
place
first
above
written.
Juan
G.
Dela
Cruz
Mario
C.
Feliciano
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
5
Assignor
With
our
Marital
Consents:
Maria
C.
Dela
Cruz
Assignor’s
Spouse
Signed
in
the
Presence
of:
Loida
T.
Garcia
Assignee
Belen
P.
Feliciano
Assignee’s
Spouse
Fernando
G.
Zamora
(ACKNOWLEDGMENT)
SAMPLE:
Deed
of
Donation
DEED
OF
DONATION
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
DEED
OF
DONATION,
entered
into
by
and
between:
Loida
T.
Garcia,
DONOR,
Filipino,
of
legal
age,
single,
with
post
office
address
at
21B
Rajah
Matanda
St.
Project
4
Quezon
City,
Philippines;
‐and‐
Fernando
P.
Zamora,
DONEE,
Filipino,
of
legal
age,
single,
with
post‐office
address
at
161
Rosalia
Compound,
Tandang
Sora,
Quezon
City,
Philippines.
WITNESSETH:
That
the
DONOR
is
the
absolute
owner
of
that
certain
real
property
situated
at
No.
1
Lino
St.,
Aquino
Subdivision,
Ubihan,
Quezon
City
and
more
particularly
described
in
Transfer
Certificate
of
Title
No.
T‐4575
of
the
Register
of
Deeds
of
Quezon
City,
as
follows:
TRANSFER
CERTIFICATE
OF
TITLE
NO.
T‐4575
A
parcel
of
land,
lot
3245‐Y,
CSD‐2281,
situated
in
the
Barrio
of
Ubihan,
Quezon
City.
Bounded
on
the
N.E.,
along
line
1‐2,
by
property
of
Mariano
Tancinco
(lot
1,
psu‐
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
6 1111887);
and
along
line
2‐3,
by
lot
2
of
plan
Psu‐123948;
on
the
S.,
along
line
3‐4,
by
property
of
Tom
Timpo,
on
the
S.W.,
along
line
4‐5,
by
lot
1
of
plan
Psu‐123948;
and
along
5‐6
by
property
of
Mariano
Tancinco
(Lot
2,
Psu‐1111887),
and
on
the
N.W.,
along
line
6‐1,
by
property
of
Joaquina
Santiago,
containing
an
area
of
1,095
square
meters
and
covered
by
Tax
Declaration
No.
3829.
NOW
THEREFORE,
for
and
in
consideration
of
the
love
and
affection
of
the
DONOR
for
the
DONEE
who
has
lovingly
dedicated
five
(5)
years
of
her
life
as
the
former’s
personal
caregiver,
the
said
DONOR
by
these
presents
does
hereby
TRANSFER
AND
CONVEY
by
way
of
DONATION,
unto
the
said
DONEE,
the
above‐mentioned
real
property,
free
from
all
kinds
of
liens
and
encumbrances
whatsoever.
That
the
DONOR
hereby
states
that,
for
the
purpose
of
giving
effect
to
the
donation,
she
has
reserved
for
herself
in
full
ownership
sufficient
property
to
support
him
in
a
manner
appropriate
to
his
needs.
ACCEPTANCE
That
the
DONEE
does
hereby
accepts
the
foregoing
donation
of
the
above‐described
property
for
which
he
expresses
her
sincerest
appreciation
and
gratitude
for
the
kindness
and
liberality
shown
by
the
DONOR.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
signed
these
presents,
at
Quezon
City,
this
23rd
day
of
February,
2009.
Loida
T.
Garcia
Fernando
P.
Zamora
Donor
Donee
Signed
in
the
Presence
of:
Juan
C.
Dela
Cruz
Mario
C.
Feliciano
(ACKNOWLEDGMENT)
SAMPLE:
Bill
of
Sale
BILL
OF
SALE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
7 I,
Juan
G.
Dela
Cruz,
of
legal
age,
Filipino,
single,
residing
at
21
Esteban
Abada
St.,
Loyola
Heights,
Quezon
City,
for
and
in
consideration
of
the
sum
of
Four
Hundred
Seventy
Five
Thousand
(P475,000.00),
Philippine
currency,
to
me
paid
by
Mario
C.
Feliciano,
also
of
legal
age,
Filipino,
single
and
residing
at
129
J.P.
Rizal
St.,
Project
4,
Quezon
City,
receipt
whereof
is
hereby
acknowledged,
do
hereby
SELL
and
CONVEY
unto
the
said
(buyer),
his
heirs
and
assigns,
a
Honda
Motorcycle
more
particularly
described
as
follows:
MAKE:
Honda
SERIES:
Gold
Wing
TYPE
OF
BODY:
Motorcycle
YEAR
OF
MODEL:
2009
MOTOR
NO.:
B1‐03‐5467
SERIAL/CHASSIS
NO.:
HZ‐1234‐09
PLATE
NO.:
JF
2110
FILE
NO.:
MC12901
C.R.NO.:
00978135
I
further
covenant
with
the
said
Mario
C.
Feliciano
that
I
own
and
have
the
right
to
sell
and
transfer
the
title
and
ownership
of
the
above‐described
property;
I
will
defend
the
same
against
the
claims
of
any
and
all
persons
whatsoever.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
4thday
of
April,
2009,
Quezon
City,
Philippines.
_________________________
Juan
G.
Dela
Cruz
Vendor
Signed
in
the
Presence
of:
_______________________
___________________________
Loida
T.
Garcia
Fernando
G.
Zamora
(ACKNOWLEDGMENT)
SAMPLE:
Legal
Retainer
Agreement
LEGAL
RETAINER
AGREEMENT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
RETAINER
AGREEMENT
is
entered
into
by
and
between:
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
8 JAIME
L.
MENDEJAR,
of
legal
age,
Filipino,
single
and
with
business
address
at
546
Philnation
Bldg.,
Makati
City,
hereinafter
referred
to
as
the
“LAWYER”,
‐
and
‐
ABC
Corp.,
a
domestic
corporation
duly
organized
and
existing
under
the
laws
of
the
Republic
of
the
Philippines
with
business
address
located
at
90
E.
Rodriguez
Jr.
Ave.,
Libis,
Quezon
City
herein
represented
by
its
President
ROMEO
G.
HENSON
the
former
hereinafter
referred
to
as
the
“CLIENT”.
W
I
T
N
E
S
S
E
T
H
:
WHEREAS.
the
CLIENT
desires
to
retain
the
legal
services
of
the
LAWYER
to
the
exclusion
of
third
persons
with
adverse
interests;
WHEREAS,
the
LAWYER
agrees
to
provide
its
legal
services
to
the
CLIENT
subject
to
the
following
terms
and
conditions:
1.
The
LAWYER
shall
make
himself
available
for
consultation
and
advice
on
legal
matters
concerning
the
business
operations
of
the
CLIENT
provided
that
a
request
for
appointment
is
given
a
reasonable
amount
of
time
beforehand.
The
LAWYER
shall
likewise
assist
in
building
and
maintaining
the
CLIENT’s
goodwill
and
business,
economic,
and
social
relationships
with
other
business
enterprises
and
similar
entities;
2.
The
LAWYER
shall
assist
the
CLIENT
in
the
preparation
and
notarization
of
documents
wherein
a
simple
acknowledgment
or
jurat
is
required.
Where
large
scale
transactions
are
involved,
such
as
but
not
limited
to,
deeds
of
conveyance
or
sale,
or
large
scale
preparation
of
contracts
and
other
similar
ventures,
wherein
the
consideration
involved
amounts
to
or
is
greater
than
ONE
MILLION
PESOS
(P1,000,000.00),
the
LAWYER
reserves
the
right
to
assess
the
CLIENT
for
compensation
by
way
of
reasonable
notarial
fees;
3.
The
LAWYER
shall
prepare
legal
pleadings
and
motions,
including
but
not
limited
to
complaints,
answers,
briefs,
compromise
agreements,
etc.,
as
may
be
required
for
the
enforcement
of
the
CLIENT’s
rights
and
the
protection
of
its
interests
in
judicial
actions
filed
for
or
against
the
CLIENT.
The
LAWYER
waives
any
additional
retainer
fee
or
acceptance
fee
for
each
and
every
case
the
CLIENT
finds
itself
involved
in.
The
LAWYER
reserves
the
right
however
to
bill
the
CLIENT
for
reasonable
Legal
Research
Fees
for
pleadings
requiring
extensive
research
and
considerable
time
to
complete
such
as,
but
not
limited
to,
position
papers,
memoranda
of
law,
appeal
briefs,
etc.
The
LAWYER
likewise
reserves
the
right
to
bill
the
CLIENT
for
Appearance
Fees
for
its
presence
during
trial
hearings
upon
presentment
of
the
corresponding
billing
statement.
The
LAWYER
shall
charge
appearance
fees
equivalent
to
TEN
THOUSAND
PESOS
(P10,000.00)
per
appearance.
The
foregoing
fees
may
also
be
assessed
if
the
attending
lawyer
of
the
LAWYER
is
required
to
attend
conferences,
meetings,
and
negotiations
outside
the
law
office
upon
request
of
the
CLIENT.
It
is
hereby
agreed
that
the
foregoing
fee
is
limited
to
four
(4)
hours
only.
Should
the
time
given
by
the
attending
lawyer
exceed
the
four‐hour
limit,
the
LAWYER
may
assess
appearance
fees
anew
for
the
next
four
hours
or
a
fraction
thereafter.
[LEGAL
FORMS
MANUAL]
7 ATENEO
LAW
3D
’08‐‘09
9
In
the
event
that
the
CLIENT
should
require
the
attendance
of
the
LAWYER
in
any
meeting
outside
of
the
regular
working
hours
of
8
am
to
5
pm
or
during
holidays
and
rest
days
the
appearance
fee
due
to
the
LAWYER
shall
be
double
of
the
rate
herein
mentioned;
4.
The
CLIENT
undertakes
to
pay
or
cause
to
be
paid
at
the
beginning
of
each
month
accruing
the
sum
of
FIFTY
THOUSAND
PESOS
(P50,000.00)
to
the
LAWYER
as
regular
monthly
Retainer
Fee.
The
LAWYER
reserves
the
right
to
increase
the
rate
of
the
Retainer
Fee
after
sixty
days
from
execution
of
this
Agreement
upon
considered
evaluation
that
the
volume
of
work
required
of
it
by
the
CLIENT
exceeds
what
was
reasonably
perceived
by
the
former
upon
signing
hereof.
The
rate
of
the
increase
shall
be
commensurate
to
the
amount
of
work
required
by
the
CLIENT.
It
is
understood
that
the
RETAINER
FEE
herein
mentioned
shall
be
paid
in
advance
at
least
a
day
before
the
month
accruing.
FURTHER,
all
attorney’s
fees
charged
by
the
LAWYER
to
the
client
shall
be
net
of
withholding
taxes,
Value
Added
Taxes
and
the
like;
5.
The
CLIENT
undertakes
to
reimburse
the
LAWYER
any
out
of
pocket
expenses
which
includes
documentation,
logistical,
and
other
miscellaneous
disbursements
required
in
consequence
of
matters
handled
by
the
LAWYER
for
the
CLIENT.
The
LAWYER
agrees
to
advance
reasonable
amounts
for
the
CLIENT’s
expenses
from
time
to
time
for
purposes
of
convenience
which
the
latter
hereby
undertakes
to
reimburse;
6.
In
the
event
that
the
CLIENT
desires
to
retain
the
services
of
other
counsel
and
to
terminate
this
Retainer
Agreement,
it
shall
inform
the
LAWYER
in
writing
30
days
prior
to
the
intended
date
of
termination
of
this
Contract
in
order
to
allow
the
latter
ample
time
to
make
an
accounting
and
liquidation
of
the
CLIENT’s
concerns,
Provided:
that
if
the
CLIENT
desires
to
engage
the
services
of
other
counsel
without
necessarily
terminating
this
Agreement,
then
the
LAWYER
is
hereby
given
the
option
to
terminate
this
Contract
after
due
notice
in
writing
to
the
CLIENT.
It
is
understood
that
the
retainer
shall
commence
from
April
1,
2009;
7.
The
LAWYER
reserves
the
right
to
terminate
this
Retainer
Agreement
should
the
CLIENT
be
deemed
by
reasonable
standards
to
be
uncooperative
or
otherwise
indifferent
in
any
matter
handled
for
it
by
the
LAWYER.
The
parties
agree
that
this
Agreement
serves
as
the
CLIENT’s
consent
for
the
withdrawal
of
the
LAWYER
from
any
case
or
proceeding
pending
before
the
courts
or
other
tribunal
or
agency
for
all
legal
intents
and
purposes.
Done
in
Makati
City,
this
1st
day
of
April,
2009.
CLIENT:
LAWYER:
ROMEO
G.
HENSON
ATTY.
JAIME
L.
MENDEJAR
IAN
CRUZ
Signed
in
the
Presence
of:
SARAH
MACLANG
(ACKNOWLEDGMENT)
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
0
POWERS
OF
ATTORNEY
What
is
a
POWER
OF
ATTORNEY?
In
a
power
of
attorney,
you
give
another
person
(called
your
"agent"
or
"attorney‐in‐fact")
the
legal
authority
to
act
in
your
place
and
on
your
behalf
in
your
absence.
Every
act
your
agent
does
within
the
authority
granted
in
the
document
is
legally
binding
upon
you.
The
power
of
attorney
is
one
of
the
most
versatile
estate
planning
tools
available.
A
power
of
attorney
is
a
document
which
the
maker
(known
as
the
"principal")
gives
authority
to
an
"attorney‐in‐fact"
to
act
on
the
principal's
behalf.
The
attorney‐in‐fact
does
not
have
to
be
an
actual
attorney,
but
can
be
anyone
you
choose.
What
is
the
SCOPE
OF
A
POWER
OF
ATTORNEY?
The
principal
decides
the
scope
of
the
power
of
attorney.
For
example,
you
can
give
an
attorney‐ in‐fact
the
power
of
attorney
for
one
simple
investment.
On
the
other
hand,
you
can
also
make
the
power
of
attorney
unlimited.
One
limit,
however,
is
that
you
cannot
grant
the
power
to
make
a
will.
There
are
several
standard
powers
that
can
be
included,
such
as
the
ability
to
pay
bills,
transfer
funds,
or
complete
business
transactions.
However,
there
may
be
more
specific
reasons
you
want
to
execute
a
power
of
attorney.
Almost
any
decision
you
can
imagine
can
be
delegated
by
a
power
of
attorney.
Blank
forms
include
many
standard
powers,
yet
if
there
is
a
substantial
amount
of
money
at
stake,
or
if
it
is
some
other
important
decision,
a
specific
power
of
attorney
is
much
more
likely
to
be
accepted
as
valid.
Any
power
of
attorney
ends
with
the
death
of
the
principal.
Types
of
Power
of
Attorney
A
power
of
attorney
is
usually
given
by
someone
who
will
be
unable
to
be
present
at
a
particular
time
and/or
place
when
important
transactions
must
be
conducted.
The
scope
of
a
power
of
attorney
may
be
very
broad
or
very
narrow,
depending
on
the
needs,
facts
and
circumstances.
GENERAL
POWER
OF
ATTORNEY
A
general
power
of
attorney
gives
the
agent
all
the
powers
that
the
principal
possesses
to
act
with
respect
to
any
matter.
It
allows
the
agent
the
power
to
do
all
the
things
that
the
principal
could
do
himself,
such
as
sell
or
mortgage
a
home,
deposit
and
withdraw
money
from
accounts,
borrow,
and
sign
contracts.
SAMPLE:
General
Power
of
Attorney
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
1 GENERAL
POWER
OF
ATTORNEY
KNOW
ALL
MEN
THESE
PRESENTS:
I,
KELLY‐KELLY
D.
TINITRIM,
of
legal
age,
single,
Filipino,
a
resident
of
161
17th
Avenue,
Cubao,
Quezon
City,
do
hereby
name,
constitute,
and
appoint
PEDRO
PENDUKO,
to
be
my
true
and
lawful
attorney,
for
me
and
in
my
name,
place,
and
stead,
to
do
and
perform
the
following
acts
and
things
to
wit:
To
ask,
demand,
collect
any
and
all
sums
of
money,
sue
to
recover
debts,
dues,
accounts,
dividends,
legacies,
bequests,
interests,
and
other
things
of
value
of
whatever
nature
or
kind
as
may
now
be
or
may
hereafter
become
due
owing,
payable
or
belonging
to
me,
and
to
have,
sue,
and
to
take
any
and
all
lawful
ways
and
means
for
the
recovery
thereof
by
suit,
attachment,
compromise
or
otherwise;
To
make,
sign,
execute,
and
deliver
contracts,
agreements,
documents
and
other
writings
of
whatever
nature
or
kind,
with
any
and
all
third
persons,
entities
or
concerns,
upon
terms
and
conditions
acceptable
to
my
said
attorney;
and
To
delegate
in
whole
or
in
part
any
and
all
of
the
powers
herein
granted
or
conferred,
by
means
of
an
instrument
in
writing,
in
favor
of
any
third
persons
whom
my
said
attorney
may
select.
HEREBY
GIVING
AND
GRANTING
unto
my
said
attorney
full
power
and
authority
whatsoever
requisite
or
necessary
or
proper
to
be
done
in
and
about
the
premises
as
fully
to
all
intents
and
purposes
as
I
might
and
could
lawfully
do
if
personally
present,
with
power
of
substitution
and
revocation,
and
hereby,
ratifying
and
confirming
all
that
my
said
attorney
or
his
substitute
shall
lawfully
do
or
cause
to
be
done
under
and
by
virtue
of
these
presents.
IN
WITNESS
WHEREOF,
we
have
hereunto
affixed
our
signatures
this
26th
day
of
February
2009
in
Quezon
City,
Philippines.
KELLY‐KELLY
D.
TINITRIM
PEDRO
PENDUKO
Principal
Attorney‐in‐Fact
Signed
in
the
presence
of:
KIM
CHIU
GERALD
ANDERSON
(ACKNOWLEDGEMENT)
SPECIAL
POWER
OF
ATTORNEY
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
2
A
special,
or
limited,
power
of
attorney
authorizes
your
agent
to
do
a
certain
specified
act,
such
as
ship
household
goods,
or
sell
an
automobile.
Article
1878
of
the
Civil
Code
enumerates
the
following
cases
where
Special
Powers
of
Attorney
are
necessary:
1. To
make
such
payments
as
are
not
usually
considered
as
acts
of
administration;
2. To
effect
novations
which
put
an
end
to
obligations
already
in
existence
at
the
time
the
agency
was
constituted;
3. To
compromise,
to
submit
questions
to
arbitration,
to
renounce
the
right
to
appeal
from
a
judgment,
to
waive
objections
to
the
venue
of
an
action
or
to
abandon
a
prescription
already
acquired;
4. To
waive
any
obligation
gratuitously;
5. To
enter
into
any
contract
by
which
the
ownership
of
an
immovable
is
transmitted
or
acquired
either
gratuitously
or
for
a
valuable
consideration;
6. To
make
gifts
except
customary
ones
for
charity
or
those
made
to
employees
in
the
business
managed
by
the
agent;
7. To
loan
or
borrow
money,
unless
the
latter
act
be
urgent
and
indispensable
for
the
preservation
of
the
things
which
are
under
administration;
8. To
lease
any
real
property
to
another
person
for
more
than
one
year;
9. To
bind
the
principal
to
render
some
service
without
compensation;
10. To
bind
the
principal
of
partnership;
11. To
obligate
the
principal
as
a
guarantor
or
surety;
12. To
create
or
convey
real
rights
over
immovable
property;
13. To
accept
or
repudiate
an
inheritance;
14. To
ratify
or
recognize
obligations
contracted
before
the
agency;
and
15. Any
other
act
of
strict
dominion.
SAMPLE:
Special
Power
of
Attorney
(Related
to
Mortgage)
SPECIAL
POWER
OF
ATTORNEY
KNOW
ALL
MEN
BY
THESE
PRESENTS:
I,
KELLY‐KELLY
D.
TINITRIM,
of
legal
age,
single,
Filipino,
with
residence
at
123
Malago
St.,
Project
2,
Quezon
City,
do
hereby
name,
constitute
and
appoint
PEDRO
PENDUKO,
of
legal
age,
and
with
residence
at
69
Naligaw
St.,
Project
4,
Quezon
City,
to
be
my
true
and
lawful
Attorney‐in‐Fact
and
in
my
name,
place
and
stead,
do
and
perform
the
following
specific
act:
To
make,
sign,
execute,
and
deliver
and
all
documents
and
other
writings
in
my
name
of
whatever
nature
or
kind,
including
but
not
limited
to
my
mortgage
or
encumbrance,
in
connection
with
my
auto
loan
with
the
Bank
of
the
Philippine
Islands
Makati
Branch
and/or
any
bank
or
financial
institution.
HEREBY
GIVING
AND
GRANTING
unto
my
said
attorney‐in‐fact,
or
her
substitute
full
power
and
authority
to
do
and
perform
every
lawful
act
and
thing
whatsoever
requisite
or
necessary
or
proper
to
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
3 be
done
in
the
premises,
as
fully
to
all
intents
and
purposes
as
we
ought
or
could
lawfully
do
if
personally
present,
and
hereby
ratifying
and
conforming
all
our
said
Attorney‐in‐fact
shall
do
or
cause
to
be
done
under
and
by
virtue
of
these
presents.
IN
WITNESS
WHEREOF,
I
have
hereto
set
my
hand
this
26th
day
of
February
2009
at
Quezon
City.
KELLY‐KELLY
D.
TINITRIM
Principal
Conforme:
PEDRO
PENDUKO
Attorney‐in‐Fact
Signed
in
the
presence
of:
KIM
CHIU
GERALD
ANDERSON
(ACKNOWLEDGEMENT)
SAMPLE:
Special
Power
of
Attorney
(Authority
to
Sell
Land)
SPECIAL
POWER
OF
ATTORNEY
KNOW
ALL
MEN
BY
THESE
PRESENTS:
I,
MANNIE
S.
PAQUIAO,
of
legal
age,
Filipino,
single,
resident
of
No.
25
Rockwell
Drive,
Rockwell
Center,
Makati
City,
do
hereby
name,
constitute,
and
appoint
CEASAR
L.
VILLANUEVA,
to
be
my
true
and
lawful
attorney,
for
me
and
in
my
name,
place,
and
stead,
within
a
period
of
six
(6)
months,
to
SELL,
TRANSFER,
and
CONVEY,
for
a
price
not
less
than
ONE
MILLION
PESOS
(Php
1,000,000.00),
to
whosoever
may
buy
or
purchase
the
following
described
real
property,
to
wit:
A
Parcel
of
Land
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐ 17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
4 deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
of
which
I
am
the
registered
owner
as
evidenced
by
Transfer
Certificate
of
Title
No.
T‐8911
of
the
Registry
of
Deeds
of
Sta.
Rosa,
Laguna;
and
HEREBY
GIVING
AND
GRANTING
unto
my
said
attorney
full
power
and
authority
to
do
and
perform
all
and
every
act
requisite
or
necessary
to
carry
into
effect
the
foregoing
authority
to
sell,
as
fully
to
all
intents
and
purposes
as
I
might
or
could
lawfully
do
if
personally
present,
with
full
power
of
substitution
and
revocation,
and
hereby
ratifying
and
confirming
all
that
my
said
attorney
or
his
substitute
shall
lawfully
do
or
cause
to
be
done
under
and
by
virtue
hereof.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
9th
day
of
March,
2009,
in
Makati
City,
Metro
Manila,
Philippines.
MANNIE
S.
PAQUIAO
Principal
Signed
in
the
presence
of:
JINKY
S.
ODA
VIC
R.
SOTTO
(ACKNOWLEDGMENT)
REVOCATION
OF
POWER
OF
ATTORNEY
The
authority
granted
in
the
power
of
attorney
ends
with
the
death
of
either
the
principal
of
the
agent.
The
power
also
terminates
at
the
expiration
of
the
time
stated,
or
may
be
revoked
by
providing
notice
to
the
agent.
Revocation
will
take
effect
as
soon
as
it
is
communicated
to
the
agent
and
to
all
persons
who
may
or
have
dealt
with
the
agent
in
reliance
on
the
power
of
attorney.
If
the
power
of
attorney
has
been
recorded
as
part
of
the
public
records
(for
example,
with
respect
to
real
estate
transactions),
a
properly
acknowledged
revocation
should
be
recorded
to
ensure
the
revocation
of
the
power
of
attorney
is
made
effective.
Both
the
general
and
special
powers
of
attorney
may
be
revoked.
SAMPLE:
Revocation
of
Special
Powers
of
Attorney
REVOCATION
OF
SPECIAL
POWER
OF
ATTORNEYS
KNOW
ALL
MEN
BY
THESE
PRESENTS:
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
5
WHEREAS,
I,
AURORA
P.
CRUZ,
of
legal
age,
single,
Filipino,
and
a
resident
of
201
Broadway
St.,
Makati
City,
by
a
certain
public
instrument
made
and
executed
in
Makati
City
on
24th
day
of
January
2008
before
Notary
Public
Joseph
Pinon
of
Makati
City,
and
registered
as
Document
No.
168;
Page
No.
35;
Book
No.
113;
Series
of
2008
in
his
notarial
register,
did
name,
constitute,
and
appoint
MARTHA
A.
SALAZAR,
a
resident
of
1
Leo
St.,
Bel‐Air
Subdivision,
Makati
City,
as
my
true
and
lawful
ATTORNEY‐IN‐ FACT,
for
the
purpose
and
with
powers
mentioned
in
said
instrument;
WHEREAS,
the
said
public
instrument
or
Power
of
Attorney,
was
never
registered
with
the
Registry
of
Deeds
for
the
Province
of
Pampanga;
NOW,
THEREFORE,
I,
AURORA
P.
CRUZ,
by
virtue
these
presents,
hereby
REVOKE,
ANNUL
and
VOID
the
said
power‐of‐attorney
and
all
powers
and
authority
therein
or
thereby
given
or
granted
or
intended
to
be
given
or
granted
to
said
MARTHA
A.
SALAZAR.
FURTHER,
I,
AURORA
P.
CRUZ,
hereby
revoke
all
Special
Power
of
Attorneys
that
I
may
have
executed
before
the
date
of
this
Deed
with
respect
to
my
property
registered
under
TCT
No.
8343505
of
the
Registry
of
Deeds
for
the
City
of
Makati.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
10th
day
of
April,
2009
at
Makati
City,
Metro
Manila,
Philippines.
AURORA
P.
CRUZ
Principal
Signed
in
the
Presence
of:
SEDFREY
CANDELARIA
AMPARITA
STA.
MARIA
(AKNOWLEDGMENT)
Important
Principles
to
Remember
Nature
of
Power
of
Attorney
Agency
is
a
relationship
of
trust
and
is
fiduciary
in
nature.
A
power
of
attorney,
particularly
a
general
power
of
attorney,
should
not
be
granted
unless
the
circumstances
require
it
and
the
agent
is
a
person
whom
the
principal
is
sure
will
make
wise
and
honest
use
of
the
power.
If
a
special
power
of
attorney
can
possibly
accomplish
your
needs,
it
is
advisable
to
give
it
rather
than
the
general
power
of
attorney.
A
general
power
of
attorney
is
more
difficult
to
revoke
than
a
special
one.
When
a
Power
of
Attorney
is
needed
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
6
Those
persons
who
are
about
to
become
physically
separated
from
their
property
or
their
affairs,
and
whose
property
or
affairs
will
be
needing
attention
or
management
during
their
absence,
may
need
a
power
of
attorney.
The
document
should
grant
no
power
greater
than
that
which
is
needed
under
the
circumstances.
A
power
of
attorney
should
be
given
for
a
limited
time
only.
General
powers
of
attorney
are
usually
written
for
no
more
than
one
year.
Durability
Clause
Normally
a
power
of
attorney
becomes
null
and
void
if
the
principal
becomes
disabled.
A
"durable"
power
of
attorney
will
allow
the
agent
to
continue
to
act
even
if
the
principal
had
become
disabled.
Whether
a
power
of
attorney
needs
a
durability
clause
depends
upon
its
nature
and
purpose,
the
amount
of
time
it
is
needed
for,
the
degree
of
trust
between
the
principal
and
the
agent,
and
the
age
and
health
of
the
principal.
CHAPTER 4: LEGAL FORMS USED IN LITIGATION PRACTICE
SAMPLE
CAPTIONS
IN
PLEADINGS
RULE
7,
RULES
ON
CIVIL
PROCEDURE
PARTS
OF
A
PLEADING
Section
1.
Caption.
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;
but
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.
(1a,
2a)
***
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
7 REPUBLIC
OF
THE
PHILIPPINES
SUPREME
COURT
EN
BANC/_____
DIVISION
REPUBLIC
OF
THE
PHILIPPINES
COURT
OF
APPEALS
____
DIVISION
REPUBLIC
OF
THE
PHILIPPINES
SANDIGANBAYAN
EN
BANC/_____
DIVISION
REPUBLIC
OF
THE
PHILIPPINES
COURT
OF
TAX
APPEALS
EN
BANC/_____
DIVISION
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
BRANCH
______
REPUBLIC
OF
THE
PHILIPPINES
MUNICIPAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
BRANCH
______
REPUBLIC
OF
THE
PHILIPPINES
OFFICE
OF
THE
PROSECUTOR
MAKATI
CITY
LEGAL
FORMS
IN
CRIMINAL
CASES
COMPLAINT
AFFIDAVIT
A
Checklist
In
making
a
complaint
affidavit,
it
is
important
to
have
the
following
as
a
checklist
in
mind:
(1)
Identity
of
affiant
and
other
personal
circumstances;
(2)
Statement
of
venue;
(3)
Factual
allegations
to
show
violation
or
defense;
(4)
Signature
of
affiant;
(5)
Verification;
(6)
Certification
as
to
personal
examination
of
affiant;
and
(7)
Supporting
documents
or
affidavits.
Section
3(a),
Rule
112
of
the
Rules
on
Criminal
Procedure
states
that
complaint‐affidavits
shall
be
subscribed
or
sworn
to
before
any
prosecutor
or
government
official
authorized
to
administer
oath,
or,
in
their
absence
or
unavailability,
before
a
notary
public.
They
must
certify
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
8 that
he
personally
examined
the
affiants
and
that
he
is
satisfied
that
they
voluntarily
executed
and
understood
their
affidavits.
N.B.
Except
when
otherwise
specifically
required
by
law
or
rule,
pleadings
need
not
be
under
oath,
verified
or
accompanied
by
affidavit.
A
pleading
is
verified
by
an
affidavit
that
the
affiant
has
read
the
pleading
and
that
the
allegations
therein
are
true
and
correct
of
his
knowledge
and
belief.
(Section
4,
Rule
7)
The
plaintiff
or
principal
party
shall
certify
under
oath
in
the
complaint
or
other
initiatory
pleading
asserting
a
claim
for
relief,
or
in
a
sworn
certification
annexed
thereto
and
simultaneously
filed
therewith:
(a)
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
therein;
(b)
if
there
is
such
other
pending
action
or
claim,
a
complete
statement
of
the
present
status
thereof;
and
(c)
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.
(Section
5,
Rule
7)
Requirement
of
Barangay
Conciliation
A
case
filed
in
court
without
compliance
with
the
prior
barangay
conciliation
which
is
a
pre‐ condition
for
formal
adjudication
may
be
dismissed
upon
motion
of
defendant,
not
for
lack
of
jurisdiction
of
the
court
but
for
failure
to
state
a
cause
of
action
or
prematurity,
or
the
court
may
suspend
proceedings
upon
petition
of
any
party
under
Section
1
Rule
21
of
the
Rules
of
Court
and
refer
the
case
motu
proprio
to
the
appropriate
barangay
authority.
Under
the
Sections
399‐422
of
the
Local
Government
Code,
it
is
stated
that
disputes
are
required
to
be
subjected
to
barangay
conciliation
as
a
pre‐condition
before
the
filing
of
a
criminal
complain
in
any
court
or
government
office,
except:
1. Where
one
party
is
the
government,
or
any
subdivision
or
instrumentality
thereof;
2. Where
one
party
is
a
public
officer
or
employee
and
the
dispute
relates
to
the
performance
of
his
official
functions;
3. Where
the
dispute
involves
real
properties
located
in
different
cities
and
municipalities,
unless
the
parties
thereto
agree
to
submit
their
difference
to
amicable
settlement
by
an
appropriate
Lupon;
4. Any
complaint
by
or
against
corporations,
partnerships
or
judicial
entities,
since
only
individuals
shall
be
parties
to
barangay
conciliation
proceedings
either
as
complainants
or
respondents;
5. Dispute
involving
parties
who
actually
reside
in
barangays
of
different
cities
or
municipalities,
except
where
such
barangay
units
adjoin
each
other
and
the
parties
thereto
agree
to
submit
their
differences
to
amicable
settlement
by
an
appropriate
Lupon;
6. Offences
which
the
law
prescribes
a
maximum
penalty
of
imprisonment
exceeding
one
year
or
a
fine
of
over
five
thousand
pesos;
7. Offenses
where
there
is
no
private
offended
party;
8. Disputes
where
urgent
legal
action
is
necessary
to
prevent
injustice
from
being
committed
or
further
continued,
specifically
the
following:
a. Criminal
cases
where
accused
is
under
police
custody
or
detention;
[LEGAL
FORMS
MANUAL]
8 ATENEO
LAW
3D
’08‐‘09
9
9. 10. 11. 12.
b. Petition
for
habeas
corpus
by
a
person
illegally
deprived
of
his
rightful
custody
over
another
or
a
person
illegally
deprived
of
or
on
acting
in
his
behalf;
and
c. Actions
which
may
be
barred
by
Statute
of
Limitations.
Any
class
of
disputes
which
the
President
may
determine
in
the
interest
of
justice
or
upon
the
recommendation
of
the
Secretary
of
Justice;
Where
the
dispute
arises
from
the
Comprehensive
Agrarian
Reform
Law
(CARL);
Labor
disputes
or
controversies
arising
from
employer‐employee
relations;
and
Actions
to
annul
judgment
upon
a
compromise
which
may
be
filed
directly
in
court.
SAMPLE:
Complaint‐Affidavit
(Simple
Affidavit
Format)
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
COMPLAINT‐AFFIDAVIT
I,
MARIA
M.
LOPEZ,
of
legal
age,
Filipino,
with
home
address
at
4
Privet
Drive,
Hoggy
Village,
Makati
City,
after
being
sworn
to
in
accordance
with
law,
hereby
depose
and
state
that:
1. I
am
the
owner
of
a
blue
Pilot
ball
pen
as
evidenced
by
an
official
receipt
issued
by
the
Office
Warehouse
herein
attached
as
Annex
“A”;
2. The
accused,
RAMON
A.
SANTAMARIA
is
my
neighbor,
residing
at
5
Privet
Drive,
Hoggy
Village,
Makati
City;
3. On
April
27,
2008,
around
9
p.m.,
while
looking
out
from
the
2nd
floor
window,
I
noticed
that
the
accused
is
sneaking
out
of
our
house
through
the
backdoor
carrying
a
blue
Pilot
ball
pen;
4. On
April
28,
2008,
around
8
a.m.,
I
went
to
the
house
of
the
accused
to
confront
him
of
the
incident
that
occurred
in
the
previous
night;
5. I
noticed
that
a
blue
Pilot
ball
pen
similar
to
mine
was
being
used
by
RAMONA
A.
SANTAMARIA,
the
daughter
of
the
accused,
however,
he
vehemently
claimed
that
he
is
the
owner
of
the
pen;
6. Prior
resort
to
the
Barangay
conciliation
system
proved
fruitless
as
the
accused
denied
the
allegations,
consequently,
a
“Certification
to
File
Action”
was
issued
by
the
Barangay
Secretary,
a
copy
of
which
is
attached
as
Annex
“B”;
7. Upon
consultation
with
my
lawyer,
I
understand
that
the
acts
of
the
accused
qualify
for
THEFT
punishable
under
Article
308
of
the
Revised
Penal
Code;
8. Article
308
of
the
Revised
Penal
Code
provides
that
THEFT
is
committed
by
any
person
who,
with
intent
to
gain
but
without
violence
against
or
intimidation
of
persons
nor
force
upon
things,
shall
take
personal
property
of
another
without
the
latter’s
consent;
and
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
0 9. I
am
executing
this
affidavit
to
attest
to
the
truth
of
the
foregoing
facts
and
for
the
purpose
of
filing
a
criminal
complaint
for
THEFT
against
the
accused.
INWITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
30th
day
of
April
2008
at
Makati
City.
MARIA
LOPEZ
Affiant
(JURAT)
SAMPLE:
Complaint‐Affidavit
(Pleading
Format)
REPUBLIC
OF
THE
PHILIPPINES
OFFICE
OF
THE
PROSECUTOR
Makati
City
MARIA
M.
LOPEZ,
Complainant,
‐versus‐
RAMON
A.
SANTAMARIA,
Respondent.
xx
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
xx
I.
S.
No.
_________
For:
Theft
COMPLAINT‐AFFIDAVIT
I,
MARIA
M.
LOPEZ,
of
legal
age,
Filipino,
with
home
address
at
4
Privet
Drive,
Hoggy
Village,
Makati
City,
after
being
sworn
to
in
accordance
with
law,
hereby
depose
and
state
that:
1.
I
am
the
owner
of
a
blue
Pilot
ball
pen
as
evidenced
by
an
official
receipt
issued
by
the
Office
Warehouse
herein
attached
as
Annex
“A”;
2.
The
accused,
RAMON
A.
SANTAMARIA
is
my
neighbor,
residing
at
5
Privet
Drive,
Hoggy
Village,
Makati
City;
3.
On
April
27,
2008,
around
9
p.m.,
while
looking
out
from
the
2nd
floor
window,
I
noticed
that
the
accused
is
sneaking
out
of
our
house
through
the
backdoor
carrying
a
blue
Pilot
ball
pen;
4.
On
April
28,
2008,
around
8
a.m.,
I
went
to
the
house
of
the
accused
to
confront
him
of
the
incident
that
occurred
in
the
previous
night;
5.
I
noticed
that
a
blue
Pilot
ball
pen
similar
to
mine
was
being
used
by
RAMONA
A.
SANTAMARIA,
the
daughter
of
the
accused,
however,
he
vehemently
claimed
that
he
is
the
owner
of
the
pen;
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
1 6.
Prior
resort
to
the
Barangay
conciliation
system
proved
fruitless
as
the
accused
denied
the
allegations,
consequently,
a
“Certification
to
File
Action”
was
issued
by
the
Barangay
Secretary,
a
copy
of
which
is
attached
as
Annex
B;
7.
Upon
consultation
with
my
lawyer,
I
understand
that
the
acts
of
the
accused
qualify
for
THEFT
punishable
under
Article
308
of
the
Revised
Penal
Code;
8.
Article
308
of
the
Revised
Penal
Code
provides
that
THEFT
is
committed
by
any
person
who,
with
intent
to
gain
but
without
violence
against
or
intimidation
of
persons
nor
force
upon
things,
shall
take
personal
property
of
another
without
the
latter’s
consent;
9.
I
am
executing
this
affidavit
to
attest
to
the
truth
of
the
foregoing
facts
and
for
the
purpose
of
filing
a
criminal
complaint
for
THEFT
against
the
accused.
TO
THE
TRUTH
OF
THE
FOREGOING,
I
have
signed
this
Complaint‐Affidavit
on
April
30,
2008.
MARIA
LOPEZ
Affiant
SUBSCRIBED
and
SWORN
TO
BEFORE
ME,
this
30th
day
of
April
2008
at
Makati
City.
IMBES
T.
GADOR
Investigating
Prosecutor
CERTIFICATION
I
hereby
certify
that
I
have
personally
examined
the
Affiant
and
that
I
am
satisfied
that
she
voluntarily
executed
and
understood
her
Affidavit.
IMBES
T.
GADOR
Investigating
Prosecutor
COUNTER‐AFFIDAVIT
A
Checklist
In
making
a
counter‐affidavit,
it
is
important
to
have
the
following
as
a
checklist
in
mind:
(1)
Identity
of
affiant
and
other
personal
circumstances;
(2)
Factual
Allegations;
(3)
Defenses
Signature
of
affiant;
(4)
Verification
Certification;
and
(5)
Supporting
documents
or
affidavits
A
counter
affidavit
should
be
filed
within
10
days
from
receipt
of
subpoena
with
the
complaint
and
supporting
affidavits.
Requirement
of
Certification
by
the
Prosecutor
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
2
Section
3(c),
Rule
112
of
the
Rules
of
Criminal
Procedure
states
that
counter‐affidavits
shall
be
subscribed
and
certified
in
the
same
manner
as
complaints.
Thus,
they
shall
be
subscribed
before
any
prosecutor
or
government
official
authorized
to
administer
oaths,
or,
in
their
absence
or
unavailability,
before
a
notary
public.
SAMPLE:
Counter‐Affidavit
REPUBLIC
OF
THE
PHILIPPINES
OFFICE
OF
THE
PROSECUTOR
Makati
City
MARIA
M.
LOPEZ,
Complainant,
‐versus‐
RAMON
A.
SANTAMARIA
Respondent.
xx
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
xx
I.
S.
No.
11211
For:
Theft
COUNTER
AFFIDAVIT
I,
RAMON
A.
SANTAMARIA,
of
legal
age,
Filipino,
with
home
address
at
5
Privet
Drive,
Hoggy
Village,
Makati
City,
after
being
sworn
to
in
accordance
with
law,
hereby
depose
and
state
that:
1.
I
am
the
neighbor
of
MARIA
M.
LOPEZ
who
resides
at
4
Privet
Drive,
Hoggy
Village,
Makati
City;
2.
I
recently
learned
that
I
have
been
made
a
respondent
in
I.S.
No.
11211,
a
charge
for
THEFT
filed
by
MARIA
M.
LOPEZ
on
April
30,
2008
before
the
Office
of
the
City
Prosecutor
of
Quezon
City;
3.
On
May
15,
2008,
I
received
a
Subpoena
from
said
Office
requiring
me
to
submit
a
Counter‐ Affidavit
within
ten
(10)
days
from
such
receipt;
4.
The
charge
is
based
on
the
allegation
that
I
sneaked
into
the
house
of
MARIA
M.
LOPEZ
on
April
28,
2008,
9
p.m.,
and
steal
her
blue
Pilot
ball
pen;
5.
To
rebut
the
allegations
of
MARIA
M.
LOPEZ,
I
hereby
as
Annex
A
and
B
respectively,
my
passport
and
a
plane
ticket
issued
by
the
Philippine
Airlines;
6.
The
attached
passport
and
plane
ticket
will
indicate
that
I
left
for
China
on
April
20,
2008
only
to
return
on
April
29,
2008,
it
is
therefore,
impossible
for
me
to
commit
the
acts
alleged
by
MARIA
M.
LOPEZ;
7.
Considering
the
foregoing,
I
respectfully
pray
that
I
be
acquitted
of
the
crime
of
THEFT
wrongfully
imputed
upon
me
by
MARIA
M.
LOPEZ.
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
3 TO
THE
TRUTH
OF
THE
FOREGOING,
I
have
signed
this
Counter‐Affidavit
on
May
20,
2008.
RAMON
A.
SANTAMARIA
Affiant
SUBSCRIBED
and
SWORN
TO
BEFORE
ME,
this
20th
day
of
May
2008
at
Makati
City.
CONSEN
T.
DOR
City
Prosecutor
CERTIFICATION
I
hereby
certify
that
I
have
personally
examined
the
Affiant
and
that
I
am
satisfied
that
he
voluntarily
executed
and
understood
his
Affidavit.
CONSEN
T.
DOR
City
Prosecutor
INFORMATION
A
Checklist
In
making
an
Information,
it
is
important
to
have
the
following
as
a
checklist
in
mind:
(1)
Name
of
parties;
(2)
Offense
as
designated
by
statute;
(3)
Acts
or
omissions
complained
of
as
constituting
the
offense
including
a
statement
of
the
qualifying
or
aggravating
circumstances;
(4)
Time
of
the
commission
of
the
offense;
(5)
Place
of
commission;
(6)
Signature
of
Prosecutor
(for
the
Information);
(7)
Signature
of
Offended
Party,
Peace
officer
or
Public
officer
charged
with
enforcement
of
the
law
(for
the
Complaint);
(8)
Verification;
and
(9)
Certification
of
Preliminary
Investigation
or
Inquest.
If
the
Information
is
filed
after
inquest
(and
not
preliminary
investigation),
add
the
following:
1. Place
where
accused
is
actually
detained;
2. Full
name
and
address
of
evidence
custodian;
and
3. Detailed
description
of
recovered
items,
if
any.
An
Information
that
is
correct
in
form
and
substance
is
important
to
apprise
the
accused
of
his
right
to
be
informed,
as
provided
under
Rule
110
of
the
Rules
of
Court
and
the
1987
Constitution.
SAMPLE:
Information
with
Certificate
of
Inquest
(Theft)
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
4 REPUBLIC
OF
THE
PHILIPPINES
REGIONAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
MAKATI
CITY,
BRANCH
________
PEOPLE
OF
THE
PHILIPPINES,
Plaintiff,
‐
versus
‐
WILLIAM
GOCON,
Accused.
x
==============================
x
Criminal
Case
No.
80688‐00
For:
Theft
INFORMATION
The
undersigned
accuses
WILLIAM
GOCON
of
the
crime
of
theft,
committed
as
follows:
That
on
or
about
the
month
of
January,
2008
in
the
City
of
Makati,
Republic
of
the
Philippines
and
within
the
jurisdiction
of
this
Honorable
Court,
the
above
named
accused
WILLIAM
GOCON
being
then
an
employee
of
SLAZENBALL
INC.
in
charge
of
operation
of
the
machines
for
the
production
of
tennis
balls
with
intent
to
gain,
with
grave
abuse
of
confidence,
did
then
and
there
willfully,
unlawfully
and
feloniously
take,
steal
and
carry
away
six
thousand
(6,000)
pieces
of
tennis
balls
produced
by
the
machines
valued
at
Three
Hundred
Fifty
thousand
Pesos
(P350,000.00),
without
the
knowledge
and
consent
of
SLAZENBALL
INC.
to
its
damage
and
prejudice.
CONTRARY
TO
LAW.
ROGER
MAMARIL
Assistant
City
Prosecutor
CERTIFICATION
AS
TO
CONDUCT
OF
INQUEST
I
hereby
certify
that
the
accused
was
lawfully
arrested
without
a
warrant
and
that,
upon
being
informed
of
his
rights,
refused
to
waive
the
provisions
of
Article
125
of
the
Revised
Penal
Code
and,
for
this
reason,
an
Inquest
was
conducted;
that
based
on
the
complaint
and
the
evidence
presented
before
me
without
any
countervailing
evidence
submitted
by
the
accused,
despite
opportunity
to
do
so,
there
is
reasonable
ground
to
believe
that
the
accused
has
committed
the
crime
of
theft
and
should,
thus,
be
held
for
said
crime;
that
this
Information
was
with
the
prior
authority
of
the
City
Prosecutor.
ROGER
MAMARIL
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
5 Assistant
City
Prosecutor
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
this
17th
day
of
February
2009
in
Makati
City,
Metro
Manila,
Philippines.
BEN
BENAVIDES
City
Prosecutor
SAMPLE:
Information
with
Certificate
of
Inquest
(Slander)
REPUBLIC
OF
THE
PHILIPPINES
METROPOLITAN
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
MAKATI
CITY,
BRANCH
________
PEOPLE
OF
THE
PHILIPPINES,
Plaintiff,
‐
versus
‐
JENNY
CRUZ.
Accused.
x
===============================
x
Criminal
Case
No.
99688‐00
For:
Slander
INFORMATION
The
undersigned
accuses
JENNY
CRUZ
of
the
crime
of
slander,
committed
as
follows:
That
on
or
about
January
25,
2009,
in
the
City
of
Makati,
Philippines,
and
within
the
jurisdiction
of
this
Honorable
Court,
the
above‐mentioned
accused
with
intent
to
cast
dishonor,
discredit
and
contempt
upon
one
MYLA
GONZALES,
willfully,
unlawfully
and
feloniously
uttered
publicly
in
the
presence
and
in
front
of
and
within
the
hearing
of
numerous
people
in
the
auditorium
where
they
were
the
following
defamatory
words,
to
wit:
"YOU
ARE
A
CONNIVING,
ADULTEROUS
and
MURDEROUS
BITCH!
YOU
USELESS
PIECE
OF
SHIT!”
to
the
dishonor,
discredit
and
contempt
of
said
MYLA
GONZALES.
CONTRARY
TO
LAW.
ROGER
MAMARIL
Assistant
City
Prosecutor
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
6
CERTIFICATION
AS
TO
CONDUCT
OF
INQUEST
I
hereby
certify
that
the
accused
was
lawfully
arrested
without
a
warrant
and
that,
upon
being
informed
of
his
rights,
refused
to
waive
the
provisions
of
Article
125
of
the
Revised
Penal
Code
and,
for
this
reason,
an
Inquest
was
conducted;
that
based
on
the
complaint
and
the
evidence
presented
before
me
without
any
countervailing
evidence
submitted
by
the
accused,
despite
opportunity
to
do
so,
there
is
reasonable
ground
to
believe
that
the
accused
has
committed
the
crime
of
theft
and
should,
thus,
be
held
for
said
crime;
that
this
Information
was
with
the
prior
authority
of
the
City
Prosecutor.
ROGER
MAMARIL
Assistant
City
Prosecutor
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
this
17th
day
of
February
2009
in
Makati
City,
Metro
Manila,
Philippines.
BEN
BENAVIDES
City
Prosecutor
SAMPLE:
Information
with
Certificate
of
Preliminary
Investigation
(Murder)
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
MAKATI
CITY,
BRANCH
________
PEOPLE
OF
THE
PHILIPPINES
‐Versus‐
JUAN
DELA
CRUZ
Plaintiff,
Criminal
Case
No.
_____________
For:
Murder
Accused.
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
INFORMATION
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
7
The
Undersigned
accuses
JUAN
DELA
CRUZ
of
the
crime
of
Murder,
committed
as
follows:
That
on
or
about
2:00am,
on
2
January
2009,
in
the
City
of
Makati
and
within
the
jurisdiction
of
this
Honorable
Court,
the
said
accused
aimed
a
loaded
semi‐automatic
firearm
at
the
person
of
ANTONIO
BAGUMBAYAN
and
willfully,
unlawfully
and
feloniously,
with
intent
to
kill
and
evident
premeditation,
discharged
the
said
firearm
in
the
direction
of
BAGUMBAYAN,
inflicting
fatal
wounds
thereupon.
CONTRARY
TO
LAW
with
the
aggravating
circumstances
of
evident
premeditation,
use
of
firearm
and
commission
during
nighttime.
ROGER
MAMARIL
Assistant
City
Prosecutor
CERTIFICATE
OF
PRELIMINARY
INVESTIGATION
I
hereby
certify
that
a
preliminary
investigation
in
this
case
was
conducted
by
me
in
accordance
with
law;
that
I
examined
the
police
reports
and
the
testimonies
presented;
that
there
is
reasonable
ground
to
believe
that
the
offense
charged
had
been
committed
and
that
the
accused
is
probably
guilty
thereof;
that
the
accused
was
informed
of
the
Complaint
and
of
the
evidence
submitted
against
him
and
was
given
the
opportunity
to
submit
controverting
evidence;
and
that
the
filing
of
this
Information
is
with
the
prior
authority
and
approval
of
the
City
Prosecutor.
ROGER
MAMARIL
Assistant
City
Prosecutor
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
this
25th
of
February
2009
in
Makati
City.
BEN
BENAVIDES
City
Prosecutor
SAMPLE:
Information
with
Certificate
of
Preliminary
Investigation
(Qualified
Theft)
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
MAKATI
CITY,
BRANCH
________
[LEGAL
FORMS
MANUAL]
9 ATENEO
LAW
3D
’08‐‘09
8
PEOPLE
OF
THE
PHILIPPINES,
‐versus‐
Plaintiff,
Criminal
Case
No.
_____________
For:
Qualified
Theft
Accused.
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
AMANDA
DELA
CRUZ,
INFORMATION
The
Undersigned
accuses
AMANDA
DELA
CRUZ
of
the
crime
of
Qualified
Theft,
committed
as
follows:
That
on
or
about
2
January
2009,
in
the
City
of
Makati
and
within
the
jurisdiction
of
this
Honorable
Court,
the
said
accused,
a
person
of
legal
age,
residing
at
18
Manolo
St,
Poblacion,
Makati,
and
at
the
time
of
the
commission
of
the
crime,
was
employed
as
a
cashier
in
Venus
Drug
located
at
12
Makati
Avenue,
Makati
City,
did
there
and
then,
willfully,
unlawfully
and
feloniously,
with
grave
abuse
of
confidence
and
with
intent
to
gain,
took
cash
from
the
register
of
the
said
establishment
in
the
amount
of
thirty
five
thousand
pesos
(P35,000.00),
without
the
knowledge
and
consent
of
her
employer.
CONTRARY
TO
LAW.
ROGER
MAMARIL
Assistant
City
Prosecutor
CERTIFICATE
OF
PRELIMINARY
INVESTIGATION
I
hereby
certify
that
a
preliminary
investigation
in
this
case
was
conducted
by
me
in
accordance
with
law;
that
I
examined
the
Complainant,
the
witnesses
and
other
documents
presented;
that
there
is
reasonable
ground
to
believe
that
the
offense
charged
had
been
committed
and
that
the
accused
is
probably
guilty
thereof;
that
the
accused
was
informed
of
the
Complaint
and
of
the
evidence
submitted
against
him
and
was
given
the
opportunity
to
submit
controverting
evidence;
and
that
the
filing
of
this
Information
is
with
the
prior
authority
and
approval
of
the
City
Prosecutor.
ROGER
MAMARIL
Assistant
City
Prosecutor
SUBSCRIBED
AND
SWORN
to
before
me
this
25th
of
February
2009
in
Makati
City
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