LEGAL FORMS BAR NOTES (2018)

I. Notarial Certificate

Memory Aid: NNoVADARIP, which stands for:

• Name of notary public

• “Notary public for …”
• Venue
• Appointment No.
• Date of expiry notarial commission
• Address of notary public
• Roll No.
• Proof of payment of IBP dues
• Proof of payment of Professional tax

Sample:

JUAN DELA CRUZ

Notary Public for Makati City1
Appointment No. 12345 valid until December 31, 20182
Unit 1, Rockwell Tower, Makati City3
Roll No. 600004
IBP Receipt No. 12345; January 1, 2018; Makati Chapter5
PTR No. 12345; January 1, 2018; Makati City6

Doc. No. _____;

Page No. _____;
Book No.7 _____;
Series of 2018.

1 A notary may only perform notarial acts within the territorial jurisdiction of the RTC which
granted the notarial commission. Thus, one who has been granted a notarial commission by
the Makati RTC cannot perform notarial acts in Taguig.

2A notarial commission is effective for a term of 2 years, reckoned from January 1 of the year
when the notarial commission was issued. Thus, if a notarial commission was issued on
December 1, 2017, the 2-year period of effectivity will be reckoned from January 1, 2017,
which means that the notary may only perform notarial acts until December 31, 2018 (first
year: January 1, 2017 until December 31, 2017; second year: January 1, 2018 until December
31, 2018).

3 A notary must have a regular place of work or business, which must be a stationary
place of work or business. This means that a notary cannot perform notarial acts inside a car.
As a general rule, a notary may only perform notarial acts from his regular place of work or
business. However, in exceptional circumstances, notarial acts may be performed at the
following places, provided that they are within the territorial jurisdiction of the RTC which
granted the notarial commission: (1) public offices, convention halls, and similar places where
oaths of office may be administered; (2) public function areas in hotels and similar places for
the signing of instruments or documents requiring notarization; (3) hospitals and other
medical institutions where a party to an instrument or document is confined for treatment;
and (4) any place where a party to an instrument or document requiring notarization is under
detention.

4 This is a permanent number with no date of expiry.

5 Unless the notary is an IBP Lifetime member, the date of issuance of the IBP receipt must be
indicated. Note that an IBP receipt for a year is valid until the last day of February of the
succeeding year.

6A PTR issued for a year is valid until January 31 of the succeeding year. A lawyer does not
need to pay professional taxes in all provinces or cities where he practices his profession. He
only needs to pay in one.

7 This refers to the Notarial Register, which is where a notary is supposed to record all his
notarial acts in chronological order. This is different from the Registry of Notaries Public which
is a record of all notarial commissions issued by an RTC.
II. Jurat v. Acknowledgment

Q: When should you use a jurat? When should you use an

acknowledgment?

A: Some rules/statutes specify when a jurat or acknowledgment is required. For

example, the Judicial Affidavit Rule specifies that a jurat must accompany a Judicial
Affidavit. In turn, the Civil Code specifies that an acknowledgment is required for
notarial wills.

You may observe the following rules in the absence of a specific rule stating
whether it is a jurat or acknowledgment that is required:

(a) When the law requires a public document (examples: transactions

enumerated in Article 1358 of the Civil Code; donations of immovable property
(Article 749 of the Civil Code)), you should include an acknowledgment;

(b) When the law/rules require that a document be sworn or “under

oath” (example: a certificate against forum-shopping), you should include a jurat;

(c) For unilateral acts by one person (example: an affidavit) or a group

of persons (example: a joint affidavit), use a jurat;

(d) For bilateral or multilateral acts (example: contracts), use an

acknowledgment.

Sample Jurat:

SUBSCRIBED AND SWORN to before me, this 20th day of May 2018, at
the City of Manila, affiant exhibiting to me his LTO Driver’s License No.
12345 issued by LTO City of Manila and valid until December 2020.

Witness my hand and seal this 20th day of May 2018, at the City of
Manila.

[Add Notarial Certificate]

Sample Acknowledgment:

Before me, a Notary Public in and for Makati City, personally appeared:

Name CTC Date and Place Competent Issuing Authority

No.8 of Issuance Evidence of and Date of
Identity9 Expiration

John 12345 Makati; January Passport No. DFA Manila; December

Doe 10, 2018 XX12345 31, 2018

Jane 67890 Makati; January Passport No. DFA Manila; December

Doe 10, 2018 XX67890 31, 2018

8 The Local Government Code of 1991 requires persons to present their community tax
certificates (CTCs) whenever they acknowledge documents before a notary public. Note that
CTCs are not considered competent evidence of identity. CTC issued in a year is valid until
April 15 of the succeeding year.

9 Competent evidence of identity (CEI) is basically any government-issued ID with a person’s

photograph and signature. CEI is not required when the principal (i.e., the person appearing
before a notary to have a document to which s/he is a party notarized) is personally known to
the notary.
who were identified by me through competent evidence of identity to be the same
persons who presented the foregoing instrument, and who acknowledged to me that
their signatures on the instrument were voluntarily affixed by them for the purposes
stated therein, and that this instrument represents their free and voluntary act and
deed.

Witness my hand and seal this 20th day of May 2018.

[Add Notarial Certificate]

NOTES:

• Section 112 of PD 1529 (Property Registration Decree) prescribes additional

requirements for the registrability of documents pertaining to land registration.
Specifically:

(1) There must be 2 witnesses to the execution of the document;

(2) Where the document consists of 2 or more pages, each page (except the page
on which the signatures appear) must be signed on the left margin by the parties
and their witnesses, and this fact as well as the total number of pages must be
stated in the acknowledgment; and
(3) Where the document affects 2 or more parcels of land, the number of parcels
must also be stated in the acknowledgment.

Sample Acknowledgment (under PD 1529):

Before me, a Notary Public in and for Makati City, personally appeared:

Name CTC Date and Place Competent Issuing Authority

No. of Issuance Evidence of and Date of
Identity Expiration

John 12345 Makati; January Passport No. DFA Manila; December

Doe 10, 2018 XX12345 31, 2018

Jane 67890 Makati; January Passport No. DFA Manila; December

Doe 10, 2018 XX67890 31, 2018

and their witnesses

Name CTC Date and Competent Issuing Authority

No. Place of Evidence of and Date of
Issuance Identity Expiration

Scott 54321 Makati; January Passport No. DFA Manila;

Summers 10, 2018 XX54321 December 31, 2018

Alex 09876 Makati; January Passport No. DFA Manila;

Summers 10, 2018 XX09876 December 31, 2018

who were identified by me through competent evidence of identity to be the same

persons who presented the foregoing instrument, and who acknowledged to me that
their signatures on the instrument were voluntarily affixed by them for the purposes
stated therein, and that this instrument represents their free and voluntary act and
deed. This instrument, which consists of three (3) pages including the page on
which this acknowledgment is written, has been signed by the parties and their
witnesses on the left-hand margin of each and every page, except the page on which
their signatures appear. Moreover, this document relates to a sale of two (2) parcels
of land specifically described above.

Witness my hand and seal this 20th day of May 2018.

III. Affidavits

Memory Aid: VenTPORSJ (+ Notarial Certificate), which stands for:

• Venue
• Title
• Party/ies
• Oath
• Recitals (which must be based on personal knowledge)
• Signature
• Jurat

You can prepare any kind of affidavit (e.g., Verification and Certification of Non-
Forum Shopping, Affidavit of Loss, Affidavit of Filing or Service under Rule 13,
Affidavit of Self-Adjudication under Rule 74, or an Affidavit for Change of Name)
following the foregoing memory aid.

Sample Affidavit:

REPUBLIC OF THE PHILIPPINES)

Makati City )S.S.10

VERIFICATION AND
CERTIFICATE OF NON-FORUM SHOPPING

I, John Doe, Filipino, of legal age, with address at Unit 1, Rockwell Tower,
Makati City, after being sworn in accordance with law, hereby depose and state:

1. I am the President of X Corporation, which is the plaintiff in the

foregoing Complaint.

2. I have been authorized by X Corporation to file the present Complaint.

A copy of my authorization is attached.

3. I have read and understood the contents of the Complaint, and attest
that the allegations therein are true and correct based on my personal knowledge or
on authentic records.11

4. X Corporation has not commenced any other action or filed any other
claim involving the same issues in any court, tribunal or quasi-judicial agency, and,
to the best of my knowledge, no such other action or claim is pending. If I should
thereafter learn that another similar action or claim has been filed or is pending, I
shall report that fact to the Honorable Court within five (5) days from notice thereof.

IN WITNESS WHEREOF, I have affixed my signature on this 24th day of

November 2018 in Makati City.

John Doe
Affiant

SUBSCRIBED AND SWORN to before me, this 24th day of November 2018, at
Makati City, affiant exhibiting to me his LTO Driver’s License No. 12345 issued by
LTO City of Manila and valid until December 2020.

Witness my hand and seal this 24th day of November 2018, at Makati City.

[Add Notarial Certificate]

10“S.S.” is a scilicet, which means “in particular” – i.e., Republic of the Philippines, “in
particular”, Makati City.

11A Verification based on “information and belief” or “knowledge, information and belief” is
void (Rule 7, Section 4).
IV. Pleadings/motions12

Memory Aid: CapTiBRA – Plus, which stands for:

• Caption
• Title
• Body
• Relief
• Attorney’s details (i.e., name, address, contact information, Roll No., IBP
Receipt No., PTR No., and MCLE Compliance or Exemption Certificate No.)
• Plus which, depending on the pleading or motion involved, may include one
or more of the following:
o A Verification13 and/or Certification of Non-Forum Shopping14;
o Notice of Hearing (for motions)
o Explanation15
o Proof of Service
▪ Copy/ies Furnished
▪ Affidavit of Service/Filing16

You can prepare any kind of pleading or motion following this memory aid.

Sample:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 133

X Corporation,
Plaintiff,

- versus – Civil Case No. 18-00345

For: Damages
A,
Defendant.
x--------------------------------------------------------------------------------------------x

MOTION TO DISMISS

Defendant A (“Defendant”), by counsel, respectfully moves for the dismissal

of this case on the following:

Grounds

12
Pleadings are different from motions, but they are subject to the same requirements of form
(Rule 15, Section 10).

13 The general rule is that pleadings need not be verified (Rule 7, Section 4). However, there
are provisions of the Rules which require that certain pleadings must be verified (e.g., a
petition for relief from judgment under Rule 38; petitions for review under Rules 42, 43, and
45; a petition for annulment of judgment under Rule 47; a complaint for injunction under Rule
58; petitions for certiorari, prohibition, and mandamus under Rule 65; a complaint for
expropriation under Rule 67; all pleadings filed in connection with ejectment cases under Rule
70, etc.). Moreover, when the Rules require that pleadings/motions be “under oath”, this
means that the pleading/motion must be verified (example: when the defendant in a case
based on an actionable document wishes to deny the genuineness and due execution of the
instrument (Rule 8, Section 8)).

14 Initiatory pleadings must be accompanied by a Certification of Non-Forum Shopping. This

includes Answers which contain permissive (as opposed to compulsory) counterclaims.

15An explanation is required only when a pleading/motion is served and/or filed other than by
personal service or filing (Rule 13, Section 11).

16This is required only when a pleading/motion is served and/or filed other than by personal
service or filing (Rule 13, Sections 12 and 13).
 I. This Honorable Court has no jurisdiction over the subject
matter of this case.

II. The Complaint fails to state a cause of action against the

Defendant.

Discussion

I. This Honorable Court has no jurisdiction

over the subject matter of this case.

1. Xxx

2. Xxx

II. This Complaint fails to state a cause of

action against the Defendant.

3. Xxx

4. Xxx

Relief

WHEREFORE, Defendant respectfully prays that the Honorable Court DISMISS

the Complaint in its entirety on the grounds stated above.

Defendant also respectfully prays for other just and equitable reliefs.17

Makati City, November 24, 2018.

Atty. John Doe

Counsel for the Defendant
Unit 1, Rockwell Tower, Makati City
[email protected]
Roll No. 12345
IBP Receipt No. 54321; January 4, 2018;
Makati Chapter
PTR No. 67890; January 4, 2018; Makati
City
MCLE Compliance No. V-12345; March 5,
2016; Pasig City

Notice of Hearing and Copies Furnished:

Atty. Jane Fonda [BY REGISTERED MAIL]

Counsel for the Plaintiff
54 Leveriza Street, Manila

Branch Clerk of Court [BY REGISTERED MAIL]

Regional Trial Court of Makati City,
Branch 133

Gentlemen:

The undersigned will submit the foregoing Motion to Dismiss for the
consideration and approval of the Honorable Court on December 4, 201818 at 9:00
AM.

John Doe

17 Exclude this if you are questioning the court’s jurisdiction over the person of the defendant.

18Hearing must be set no later than 10 days from the date the motion is filed (Rule 15,
Section 5).
 EXPLANATION

Due to time constraints, the distances involved, and lack of adequate

manpower to effect personal service and filing, the foregoing motion shall be served
upon Plaintiff’s counsel and filed with this Honorable Court by registered mail.

John Doe

[Add Affidavit of Service and Filing19 (VenTPORSJ + Notarial Certificate)]

NOTES:

• If the pleading is a Complaint or some other initiatory pleading, omit: (1) the
Branch number; and (2) the case number (these will be assigned by the Office of the
Clerk of Court upon filing).

• If the pleading is a Complaint, do not include proof of service/copies

furnished. It is the court that will cause the service of a Complaint upon the
defendant.

• Motions filed with the Court of Appeals and the Supreme Court are not set
for hearing20. Instead of a Notice of Hearing, what is included in motions filed with
these courts is a “Notice of Submission” which would read as follows:

Notice of Submission and

Copies furnished:

Atty. Jane Fonda [BY REGISTERED MAIL]

Counsel for the Plaintiff
54 Leveriza Street, Manila

Clerk of Court [BY REGISTERED MAIL]

Court of Appeals, Sixteenth Division
Manila

Gentlemen:

Please be advised that the undersigned will submit the

foregoing Motion for Reconsideration for the consideration and
approval of this Honorable Court immediately upon its receipt hereof.

John Doe

[Insert Explanation]

19 See Rules of Court, Rule 13, Sections 12 and 13.

20See Rules of Court, Rule 49, Section 3 (in relation to the Court of Appeals), and Rule 56,
Section 2 (in relation to the Supreme Court).
V. Judicial Affidavits21

• Contents (Sections 3 and 4, Judicial Affidavit Rule)

o The name, age, residence or business address, and occupation of the

witness (NARBO-witness);
o The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being held
(NAP-lawyer);
o A statement that the witness is answering the questions asked of him,
fully conscious that he does so under oath, and that he may face criminal
liability for false testimony or perjury;
o Questions asked of the witness and his corresponding answers,
consecutively numbered, that:

▪ Show the circumstances under which the witness acquired the

facts upon which he testifies;
▪ Elicit from him those facts which are relevant to the issues that
the case presents; and
▪ Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;

o The signature of the witness over his printed name; and

o A jurat with the signature of the notary public who administers the
oath or an officer who is authorized by law to administer the same.
o Sworn Attestation by the examining lawyer, stating that:

▪ S/he faithfully recorded or caused to be recorded the questions

he asked and the corresponding answers that the witness gave; and
▪ Neither s/he nor any other person then present or assisting him
coached the witness regarding the latter’s answers.

Sample:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 133

X Corporation,
Plaintiff,

- versus – Civil Case No. 18-00345

For: Damages
A,
Defendant.
x------------------------------------------------------------------------------------x

JUDICIAL AFFIDAVIT
of JOHN DOE

I, John Doe, Filipino, 45 years of age, Corporate Secretary of X Corporation,

and with office address at Unit 202, 2nd Floor, AAA Bldg., No. 649 Benito St., Pasay
City, after having been sworn in accordance with law, hereby respond to the
following questions being propounded by Atty. Jane Doe at my office, with full
consciousness that my answers are being given under oath and that I may otherwise
face criminal liability for false testimony or perjury.

Offer of Testimony:

The testimony of Mr. John Doe is being offered to identify and authenticate the
Contract for Services entered into by X Corporation and Mr. A.

21 See Judicial Affidavit Rule (A.M. No. 12-8-8-SC).

Testimony Proper:

1. Q: Please state your name and personal circumstances.

A: I am John Doe, Filipino, married, 45 years of age, and with office

address at X Corporation, Unit 202, 2nd Floor, AAA Bldg., No. 649 Benito St., Pasay
City.

2. Q: What is your present occupation?

A: I am the Corporate Secretary of X Corporation.

3. Q: What are your duties and responsibilities as X Corporation’s Corporate

Secretary?

A: Among others, I am responsible for the custody and safekeeping of all

contracts entered into by X Corporation.

4. Q: You mentioned that you are responsible for the custody and
safekeeping of all contract entered into by X Corporation. What contract, if any, was
executed by X Corporation with Mr. A?

A: X Corporation entered into a Contract for Services dated October 19,

2017 with Mr. A.

5. Q: I am showing you a document consisting of two pages which has been

marked as Exhibit A. How is this document related to the Contract for Services
dated October 19, 2017 that you mentioned?

A: They are the same.

6. Q: I am showing you a signature appearing above the printed name

“Wanda Maximoff” on the lower left-hand portion of page 2 of Exhibit A. Whose
signature is this?

A: That is the signature of Wanda Maximoff, who is X Corporation’s

President.

7. Q: How do you know that this is Wanda Maximoff’s signature?

A: Because I was present when this Contract for Services was signed, and
I personally saw Wanda Maximoff sign this document.

8. Q: I am showing you a signature appearing above the printed name “A”

on the lower right-hand portion of page 2 of Exhibit A. Whose signature is this?

A: That is the signature of Mr. A, who is the defendant in Civil Case No.
18-00345 which was filed by X Corporation.

9. Q: How do you know that this is Mr. A’s signature?

A: Because I was present when this Contract for Services was signed, and
I personally saw Mr. A sign this document.

In witness whereof, I have hereunto set my hand this 19 th day of October

2018 at Pasay City.

John Doe
Affiant

[Add Jurat + Notarial Certificate]

REPUBLIC OF THE PHILIPPINES )
PASAY CITY )S.S.

Sworn Attestation

I, Jane Doe, Filipino, married, of legal age, and with office address at Unit
123, One Rockwell Drive, Makati City, after having been sworn in accordance with
law, hereby depose and state:

1. I faithfully recorded or caused to be recorded the questions I asked

and the corresponding answers that the witness, John Doe, gave; and

2. Neither I nor any other person then present or assisting me coached

the witness, John Doe, regarding his answers.

In witness whereof, I have hereunto set my hand this 19th day of October
2018 at Pasay City.

Jane Doe
Affiant

[Add Jurat + Notarial Certificate]

NOTES:

• Evidence identified by a witness should be attached to the Judicial Affidavit.

If the evidence is being presented by the plaintiff/prosecution, they should be
marked and referred to in the Judicial Affidavit as Exhibit A, B, C, etc. If the
evidence is being presented by the defense, they should be marked and referred to
in the Judicial Affidavit as Exhibit 1, 2, 3, etc.

• Generally, questions answerable by “yes” or “no” are leading questions

which should not be included in a Judicial Affidavit. A Judicial Affidavit takes the
place of direct examination, and therefore, leading questions are generally
prohibited. To avoid asking leading questions, confine your questions to “who”,
“what”, “when”, “where”, “why”, and “how”.

• The offer of testimony22 is typically already included in the Judicial Affidavit

(although not required by the Judicial Affidavit Rule).

22 See Rules of Court, Rule 132, Section 35.

 VI. Contracts

Memory Aid: Either:

(a) TAPCAPSA (+ Notarial Certificate), which stands for:

• Title
• Announcement
• Party 1
• Consideration
• Act of conveyance
• Party 2
• Signatures
• Acknowledgment

Or

(b) TAPWACSA (+ Notarial Certificate), which stands for:

• Title
• Announcement
• Parties
• Whereas clauses
• Agreement
• Conditions
• Signatures
• Acknowledgment

Sample of TAPCAPSA (appropriate for contracts of conveyance (e.g., sale):

DEED OF SALE (of real property)

KNOW ALL MEN BY THESE PRESENTS:

I, Juan Dela Cruz, of legal age, single, Filipino, with residence at #123
Sampaloc, Manila, Philippines, and the registered owner of a parcel of land located at
[location] and covered by Transfer Certificate of Title No. 123456, issued by the
Registry of Deeds of the City of Manila, and more particularly described as follows:

[Technical description]

for and in consideration of the sum of five million pesos (Php 5,000,000), receipt of
which is hereby acknowledged, hereby SELL, TRANSFER AND CONVEY the above-
mentioned parcel of land, absolutely and unconditionally, unto Maria Makiling, of
legal age, single, Filipino, with residence and postal address at #456 Malate, Manila,
Philippines.

IN WITNESS WHEREOF, I have signed this Deed of Sale on the 20 th of May

2018 at the City of Manila.

(sgd.) Juan Dela Cruz (sgd.) Maria Makiling

SELLER BUYER

SIGNED IN THE PRESENCE OF:

(sgd.) Jose Mendoza (sgd.) Clara Reyes

Witness Witness

[Insert Acknowledgment under PD 1529 + Notarial Certificate]

Sample of TAPWACSA:

CONTRACT OF LEASE (involving real property)

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of Manila, this
20th day of May 2018, by and between:

Juan dela Cruz, of legal age, single, Filipino, with residence and postal
address at #123 Sampaloc, Manila, Philippines, hereinafter referred to as the
LESSOR,

- and -

Maria Makiling, of legal age, single, Filipino, with residence and postal address
at #456 Malate, Manila, Philippines, hereinafter referred to as the LESSEE,

WITNESSETH:

WHEREAS, the LESSOR is the registered owner of a residential property

located in Sampaloc, Manila with TCT No. 12345 of the Registry of Deeds of the City
of Manila and the house built therein;

WHEREAS, the LESSOR agrees to lease out the property to the LESSEE and
the LESSEE is willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the

LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the LESSOR
the leased premises, subject to the following conditions:

1. That the term of this lease shall be for a period of 5 years to commence on
June 1, 2018 and to expire on June 1, 2023;

2. That the monthly rental of Php 15,000 shall be paid by the LESSEE at the
residence of the LESSOR on or before the fifth (5th) day of each and every
month.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
20th day of May 2018 at the City of Manila, Philippines.

(sgd.) Juan dela Cruz (sgd.) Maria Makiling

Lessor Lessee

SIGNED IN THE PRESENCE OF:

(sgd.) Jose Mendoza (sgd.) Clara Reyes

Witness Witness

[Insert Acknowledgment under PD 1529 + Notarial Certificate]