Legal Forms Manual




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
3D
’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