A dunce guide to writing

legal forms in the

Philippine Bar exams

By:

Atty. Zigfred M. Diaz

www.zdiaz.com
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ACKNOWLEDGEMENT & DEDICATION

I dedicate this short but useful free ebook to God Almighty who is the
source of all infinite knowledge and wisdom.

To my family, my wife Zenith and my son Zed for their support and
understanding when I took the bar exams

To my parents Engr. Nolan & Dra. Arlene Diaz who were my first
teachers in life.

To my law school, Southwestern University School of law, Cebu City,

Cebu and to our law deans, Dean Emeritus Jonah Villagonzalo and Dean
Godwin Denzel Manginsay.

To all our bar reviewers in Lex bar review and Jurists Bar Review
Center who has also somehow contributed through their lectures.

To all those who aspire to belong to the most noble of all professions.

Lastly, I would like acknowledge the contributions of my good friends

Nolito “Noli” Dayanan and Atty. Alrey Ouano for contributing to the ideas
that are written in this free ebook. Noli and Alrey were my “Bar buddies” I
lived with these guys for 6 months in Las Pinas, Metro Manila when we
had our bar exams review at the Jurists Bar Review Center. The ideas you
are now reading are the result of our brain storming on how to tackle legal
forms in the bar exams.

SOLI DEO GLORIA

Atty. Zigfred Diaz

January 17, 2009
TABLE OF CONTENTS

Chapter I – Introduction ………………………………………………….........1

Chapter 2 – Statistically speaking………………………………………...…2

Chapter 3 – Categories of legal forms……………………………………..3

Chapter 4 – Template for each legal form category………………………4

Chapter 5 – In c onclusion…………………………………………………….9

About the Author………………………………………………………………10

About the cover and the title………………………………………………..10

Other books and materials by Atty. Zigfred Diaz………………………..11

Chapter 1 - INTRODUCTION

For some people, writing legal forms is the hardest part of the last exam in
the bar. This is probably because it takes some time to memorize it and there are
hundreds of legal forms that you should be familiar with.

Six months into my review period I already anticipated this problem so

instead of crossing my fingers and relying upon luck, with the help of my friends,
Noli and Alrey, I developed my own system on how to tackle legal forms. I also
laid down some fundamental rules on how to tackle legal forms. These
fundamental rules are:

1.) Do not isolate your study of legal forms with your study of Remedial law.
Knowledge in Remedial law will always come in handy when making legal forms;

2.) Don’t just memorize, know the basic structure;

3.) Practice, Practice, Practice. Write four legal forms a day. There is no
substitute.

Having worked on the first edition of the Lex Pareto notes, I knew already
what the most frequently asked legal forms for the pass 15 years were. So I
familiarized myself with them and wrote 4 forms everyday, 2 in the morning and 2
in the evening. I focused on the most frequently asked and familiarized myself
with them. Not only that, I came up with a system, a ‘template” on how I could
remember legal forms easily.

When I took my bar exams, some of my friends having known that I have
worked out the statistics on the bar exams through the Lex Pareto Notes, asked
me some on what I think about the Legal forms in the bar exams. I told them that
if there are 5 questions asked 2 will be “stray”(Not so familiar) and 3 will be very
familiar, that is they are repeatedly asked in the bar exams for the past 15 years. If
there are 3 asked, 2 will be familiar and 1 will be stray. True enough, when the
exam on legal ethics was given, there were 3 questions on legal forms. 2 were
familiar and 1 was a stray.

It is important not to take legal forms for granted as it may make or break
your becoming a lawyer. If legal forms comprises 30 % and you can’t even get
one correct, you would probably get a “DQ” in Legal Ethics since it is always
expected that you cannot get a perfect score in Legal Ethics. I’ve heard about
horror stories about bar examinees who failed to become lawyers just because
they got a very low score in legal ethics since they did not write anything in legal
forms.

This very short ebook outlines the system and strategy that I used in
writing legal forms for the Philippine bar exams. I shall try to come up with a
longer and more comprehensive printed book in the near future.

1
Chapter 2 – STATISTICALLY SPEAKING

Statistically, about 30 % of the legal forms asked are classified as “stray”

that is they are “unusual” or not frequently asked (Note: This 80 -20 phenomenon
is what is known as the “Pareto Principle” which is the basis of our law reviewer
“The Lex Pareto Notes” for more information visit
www.lexparetonotes.blogspot.com)

That is to say if there are 3 forms asked 2 of them are frequently asked
while 1 is “stray” If there are 5 forms asked 2 of them are stray and 3 are
frequently asked. It is therefore logical to know what is being frequently asked.
This will ensure you get 80 % of all the legal forms asked. In order to do this, you
do not need to memorize a lot of legal forms. You only need to know about 20 %
or less of all the legal forms.

Consider the following statistics:

FREQUENTLY ASKED LEGAL FORMS FROM 1990 TO 2006

(Note: This comprises 80 % + of all legal forms asked)

FORM Number of
times asked
Complaint 20
(The favorite being a complaint for ejectment
which
was asked 12 times)
Information (Various criminal offenses) 16
Deed of Absolute sale 9
Contract of lease 6
Motion to quash 4
Answer 4
Special power of Attorney 4
Other forms are asked once or twice (For a
complete list, see Volume IV of the Lex Pareto
Notes 2007 edition)

There are only four “Forms” you need to memorize well. Those are the JURAT
(For oaths) the ACKNOWLEDGEMENT (Conveyances) and the “CERTIFICATION
OF NON-FORUM SHOPPING.” It would be so much better if you can memorize
these “forms” word for word. A fourth one would be the “Verification.” However
you do not really need to memorize this, you only need to be very familiar with it.

2
CHAPTER 3 - CATEGORIES OF LEGAL FORMS

Now that we know the most frequently asked legal forms, should we
memorize all of them? You could probably do it but it will take some time. The
best solution is to find something common with each legal form and sort them
into categories.

I have discovered that all legal forms fall into either one of these categories
these are: code: M-S-Ju-De De: TAPACOSA
Ju: Ca Ti In Bo Re At At
Ju: Ca Ti In Bo - - At At (criminal)
S:
M:

1.) DEEDS AND CONTRACTS - Examples of these are: Deed of absolute

sale, Contract of lease, Chattel mortgage etc.

2.) SWORN STATEMENTS – Refers to all kinds of affidavits

3.) JUDICIAL FORMS – Any thing you submit to court. Examples of these are:
Pleadings, motions, Orders, entry of appearance, admission of satisfaction of
judgment etc.

4.) MISCELLANOUS – These are legal forms that do not fall in any of the
above three. Examples of these are: The last will and Testament, business
organization forms, negotiable instruments and promissory notes.

So starting right now, bear in mind that every legal form you encounter
belongs to any of these four categories. It is important to remember this because
each legal form that belongs to each category has more or less the same pattern
or “template.”
3
Chapter 4 – TEMPLATE FOR EACH LEGAL FORM CATEGORY

Now that we know that each legal form belongs to a certain category, let us
examine the template for each category. What you should do is to memorize the
template because they are almost the same in each category.

Look at the template provided below in each category. In each category the
legal form is further divided into two sections in which you can substitute the
proper words that is needed to be substituted to conform to what is being asked.
What is important here is that you need to memorize and master the sections that
belong to each category. So whenever you are asked a legal form that belongs to
such and such a category you know already the sections belonging to such
category. This way you can write the legal form with ease.

1.) DEEDS AND CONTRACTS

Basic template:

Title “Deed of Absolute sale or Contract of lease etc . . . “

Announcement KNOW ALL MEN BY THESE PRESENTS

Parties “I, _____, (citizenship) (status) (address) resident of hereinafter
called the (capacity)
Act “Do hereby Lets and leases” or Do hereby” or Sells, Transfer,
Convey . .

Consideration “A parcel of land . . . Or “ That apartment unit”

Other stipulations “Subject to the following terms and conditions”

Signature (Actors) (Witnesses) (Spouse)

Acknowledgement

So how do you use this template?

Whether you are asked to write a Deed of absolute sale or a contract of

lease or any other contract or deed, the sections in such legal forms are similar.
Since you know already the sections in the category of “DEEDS & CONTRACTS,”
you simply substitute the words that are needed on what is being asked.

So if you are asked to draft a “Deed of absolute sale” you simply put
“DEED OF ABSOLUTE SALE” in the title. The next section which is
“Announcement” is the same for all forms. Next section is Parties which is also
same for all forms belonging to this category. The next section may differ, since
4
this refers to “Act” so in the case of “Deed of absolute sale” you write “Do hereby
sells, transfer and convey . . .” and so on. It’s as easy as 1,2, 3 . . . !!!

There are two exceptions to the above mentioned template. These are the
Chattel Mortgage and Special Power of Attorney. Let’s tackle them one by one.

In the Special Power of Attorney, do not forget these words in the body:

. . .to be my true and lawful attorney, for me and in my name,

place and stead, to do and perform the following acts to wit: . . .

. . . .HEREBY GIVING AND GRANTING unto said attorney full power and authority
whatsoever requisite or necessary or proper to be done in an about the premises
as fully to all intents and purposes as I might or 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 Chattel Mortgage do not forget the:

o Acknowledgement,

o The affidavit of good faith which states:

“We the mortgagor and Mortgagee, severally swear that the foregoing chattel
mortgage is made and executed for the purpose of securing the obligation
specified therein and for no other purpose, and that the same is a just and valid
obligation and one not entered into for the purpose of fraud”

o Jurat

5
2. SWORN STATEMENTS

Basic Format:

Venue Republic of the Philippines . . . . .)

Title AFFIDAVIT . . . .

Party I, ____ (citizenship), (status), (residence)

Oath Having been duly sworn to in accordance

with law do hereby depose and state that:
Statement 1. That . . . . . . . . . . .

Closing statement IN WITNESS, I have hereunto set my

hand . . .
Signature

JURAT

Sworn statements are the easiest legal forms to do. Whether you are asked
to write an affidavit of loss or a joint affidavit of two disinterested person or any
kind of affidavit or sworn statement, the sections in such legal forms are similar.
Since you know already the sections in the category of “SWORN STATEMENTS”
you simply substitute write the words that are needed on what is being asked.

6
3. JUDICIAL FORMS

Caption “REPUBLIC OF THE PHILIPPINES

7TH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH _, CEBU”

Indicate whether criminal, civil etc

Title “Motion to dismiss”, “COMPLAINT” “Information”
Introduction COMES NOW the accused, through the undersigned
counsel unto this honorable court respectfully . . . Or
“Plaintiff by the undersigned counsel respectfully
alleges that”
Body 1. On . . . .
Relief (notWHEREFORE, it is respectfully prayed that . . .
included in(Place and date)
information)
Attorney (Include office address, Roll no, PTR, IBP)
Attachments Ex: Certification of non-forum shopping, notice of
hearing, verifications, explanations etc.)

Judicial forms are pleadings you submit in court. These include the
complaint, information, motions etc.

Although these forms have different variations in actual practice, in

writing legal forms for the bar exams they basically have the same
elements.
In judicial forms you need to MEMORIZE some important words and be
mindful of several things:

A.) “INFORMATION”:

• Bear in mind that the introduction should always be “The undersigned

prosecutor hereby accuses“

• In the body of the information you need to memorize the phrase “did then
and there willfully, unlawfully and feloniously” when describing the crime
done. (Example “did then and there willfully, unlawfully and feloniously use
a knife to stab the victim”)

• Attachments included in an information are “Recommended bail” and

“Certification of Preliminary investigation.”
B.) In a “Complaint” it is always important to state the cause of action (What is

7
 the right of the plaintiff and how such right was violated by the defendant)

C.) In “motions”, the body should always contain the ground for the motion
and the argument.

Do not forget the attachments that should be included in judicial forms.

Know what you are suppose to attach by familiarizing yourself with the Rules of
Court

4. MISCELLANEOUS LEGAL FORMS

The last type of legal forms is what I categorize as “MISCELLANOUS” since

these forms do not have a common pattern. There are several of them, but three
of the most common are the “Last will and Testament”, “Business organization
forms” and the “Negotiable instruments and the promissory note.” There are
several things I would like you to take note of when writing these legal forms.

A.) Last will and Testament - A last will and testament usually involves three
persons, the are:

- The Testator
- Three witnesses – Must make attestation that they signed it in the presence
of testator and vice versa
- Notary Public - Must state that testator and witnesses acknowledge the will
before him

B.) Business Organization forms – These include the Articles of Corporation,

other corporate forms and partnership forms. For Articles of incorporation, just
familiarize yourself with the Sec. 15 of the Corporation Code. Partnerships are
basically just contracts so utilize the template in “DEEDS AND CONTRACTS.”

C.) Negotiable instruments / Promissory note – These are quite easy to make.
For negotiable instruments, if you know Section 1 of your negotiable instruments
law (NIL)(Which is a must since this is the most asked section in the bar exams
with regards to the NIL) then you will have no problem. A promissory note only
requires common sense to make.

Some of these miscellaneous forms are quite long. But do not worry. Statistics
shows that these forms have a very low probability of being asked in the bar
exams. So do not panic. Just familiarize yourself with them.

8
Chapter 5 – IN CONCLUSION . . .

So there you have it! Making legal forms is as easy as 1,2,3 ! There is no
need to memorize legal forms! All you have to memorize are the four basic
templates!

When asked about legal forms in the bar exams all you have to do is follow
these three easy steps:

1.) Determine the category to which the legal form belongs to

2.) Recall the template as you memorized it and apply the template in the
category. Substitute the words that are needed on what is being
asked (customize it)
3.) Include the necessary attachments

I have stressed this before, and I will stress this again. What is required in
the bar exams when it comes to legal forms is just FAMILIARIZATION, NOT WORD
FOR WORD MEMORIZATION! That is why using a template just to get the basic
form of a legal form is very useful and will make familiarizing yourself with legal
forms easier. Take note that the purpose in asking legal forms in the bar exams is
just to make sure that you as a prospective candidate for the bar is familiar with
the various legal forms and that you know what legal form to apply in a certain
situation.

Take note that the this way of writing legal forms is only applicable for the
Bar exams. DO NOT USE THIS WAY OF WRITING LEGAL FORMS IN ACTUAL
PRACTICE since in actual practice there are several “clauses” “phrases” “words”
etc. that needs to be included, otherwise your client might get into deeper legal
trouble if you don’t include these words. Besides, when you engage in actual
practice, there is no need for you to memorize legal forms. You just load a legal
form in your computer and tweak it to suit your needs.

May God Almighty richly bless you in your pursuit for the noblest of all
professions.

Atty. Zigfred M. Diaz

9
ABOUT THE AUTHOR

Zigfred Maceren Diaz - Graduated with a law degree from

Southwestern University and passed the 2006 bar examinations.
He also has a degree in Industrial Engineering from the Cebu
Institute of Technology. He finished his elementary and high
school at Bob Hughes Christian academy and graduated as the
most outstanding student of the batch.

He is currently the Vice president for Operations for ZANA

Holdings Inc., a group of family owned companies with business
interest in Funeral servicing, casket manufacturing, funeral
supplies, Memorial care and education.

He is also into private law practice and is currently teaching law subjects at the
Southwestern University School of law and the Cebu Institute of Technology. He is also a
bar exam coach at the Jurists Bar Review Center.

Zigferd is also a passionate writer and co- authored the widely popular “Lex Pareto
Notes,” (www.lexparetonotes.blogspot.com) a four volume, statistical based, codal based
law and bar exams reviewer. He is also the blogger behind www.zdiaz.com where he
blogs about a wide variety of topics. He is also co-author of the popular blogging ebook
entitled “Guerilla blogger’s strategy and tactics on making cash online” As an avid fan of
Warren Buffett, he is a firm believer in stock market investing and is always studying
stock market investments. He plans to write a short ebook on investing in the Philippine
stock market some time.

Zigfred is happily married to Zenith Gerodias, a licensed Social worker and a

teacher. Together with their son, Zed Avalon Diaz they are currently residing at Talisay
City, Cebu.

ABOUT THE COVER AND THE TITLE

Wikipedia defines a “ Dunce ” as somebody who is “dull witted or an

ignorant person” The origin of the word comes from the name of John
Duns Scotus, one of the greatest minds of the 13th century. The cover
of this ebook features a dunce cap in a class room. A dunce cap is
typically made of paper and often marked with a D or the word
"dunce." Although use of the cap is now rarely practiced it was used
before in traditional Birth and American schools and was given to
schoolchildren to wear as punishment by public humiliation for
misbehaviour and stupidity.

The use of the word “Dunce” in the title of this ebook does not mean to imply that law
students are stupid or ignorant. It is simply an adaptation of the very successful “For
dummies” book series and the “Idiot’s guide” book series. Books with this title try to
make very complicated topics very simple and easy to understand that even a “dummy”
or an “idiot” can understand it. In the some token, the “Dunce guide to writing legal
forms in the Philippine bar exams” tries to give the readers a simple, very easy to follow
system on how to memorize and familiarize themselves with complicated legal forms.
10
 Other books and materials by Atty. Zigfred Diaz:

FOR MORE INFORMATION CHECK OUT http://www.lexparetonotes.blogspot.com

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