CRUZ, Asher Grace M.

Quiz 1 in Legal Forms

L-160605 Professor: Atty. Edna Herrera-Batacan
Date Submitted: 22 March 2021 San Beda University College of Law

LEGAL FORMS
2020-2021
QUIZ 1

PART I

1. WHAT ARE THE CARDINAL RULES IN DRAFTING LEGAL

DOCUMENTS? EXPLAIN EACH.

The following are the cardinal rules in drafting legal

documents:

First. The usual commencement of the contract should state the

particular kind of contract or agreement to be drafted.

This rule shall be observed for efficient record-keeping as well

as to save time in identification of a legal document. Among those
commonly used are “This Agreement,” “An Agreement,” or “Articles
of Agreement.” For the purpose of using particular words, the
following are used, “This Mortgage,” “This Contract of Sale,” “This
Contract of Lease,” etc.

Second. The legal document shall contain full names of the parties,
their capacity, civil status, and their residences.

Legal documents are expected to supply the court with all the
information it needs to make a sound legal decision and to observe
due process and fairplay. Thus, a legal practitioner must always
observe that all pleadings he or she submits to the court are complete.
To ensure the same, a logical order in which the parties are to be
named in the document must be observed.

Third. The principal or operational clauses of the document should

be stated in separate and numbered paragraphs.

Again, a legal document must contain information which is to

be presented in a logical manner. This way, the Court will be guided
by the legal document in an efficient manner. This saves the Court
time and will aid in the declogging of court dockets.

Fourth. Verbosity should be avoided.

Drafting legal documents is an art. This art requires brevity and

clearness of legal expression, so as to avoid future legal complications
and useless lawsuits.

Fifth. Specific or technical terms, which have special meanings in

the document should be especially defined.

Most of the time, specific or technical terms, when left

unexplained or undefined, create information asymmetry among
parties especially when such are used for a special purpose not known
to all. In order to avoid this and ensure fairplay, it is important that a
legal document presents these terms in a manner which would also
supply the meaning thereof in relation to their purpose.

Sixth. Names of parties should be repeated, where the use of

pronouns would give rise to ambiguity.

Precision and accuracy are the two important skills a legal

drafter should always exercise. These are important to aid the Court in
understanding the important facts and in making sound legal
decisions. By giving the Court accurate accounts, a legal practitioner
aids in the efficient disposition of justice. Thus, it is imperative that a
legal drafter shall prevent ambiguity even if in so doing he or she
needs to name the parties repetitively throughout the document.

Seventh. The document must be neat, free from erasures,

interlineations, or suspicions of alterations.

A legal document must observe the formalities required by law

and most of these pleadings are considered public documents. In
relation thereto, Courts are a sacred place and the legal practitioner
owes it to the Courts to uphold its integrity. Thus, the legal drafter
should always seek to present before the Courts a neat document.

Eighth. 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.”

A legal document is used by the Courts to identify the intention

of the parties. To aid the Courts in so doing, the legal drafter shall
include clauses which provide easy understanding of the intention of
the parties.

Ninth. 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, 2____.”

A legal document shall always state material dates. This is in

line with procedural rules and with legal principles sanctioned by law.
Furthermore, this aids the Court to be able to examine efficiently,
prima facie, a legal document.
2. WHAT ARE THE QUALIFICATIONS IN ORDER FOR ONE
TO BE ELIGIBLE FOR APPOINTMENT AS A NOTARY
PUBLIC?

Pursuant to Section 1, Rule III of the 2004 Rules on Notarial

Practice, to be eligible for appointment as notary public, a person must
be:

a. A citizen of the Philippines;

b. Over 21 years of age;

c. A resident in the Philippines for at least one (1) year and

maintains a regular place of work or business in the place where
the commission is to be issued;

d. A member of the Philippine Bar in good standing with

clearances from the Office of the Bar Confidant and the
Integrated Bar of the Philippines; and

e. Must not have been convicted of any crime involving moral

turpitude.

3. WHAT SHOULD A NOTARY PUBLIC ENTER IN THE

REGISTER AT THE TIME OF NOTARIZATION?

According to Section 2, Rule VI of the 2004 Rules on Notarial

Practice, for every notarial act, the notary public shall enter in the
register, at the time of notarization the following:

a. The entry number and page number;

b. The date and time of day of the notarial act;

 c. The type of notarial act;

d. The title or description of the instrument;

e. The name and address of each principal;

f. The competent evidence of identity if the signatory is not

personally known to the notary;

g. The name and address of each credible witness swearing to or

affirming the person’s identity;

h. The fee charged for the notarial act;

i. The address where the notarization was performed if not in the

notary’s regular place or work or business;

j. Any other circumstance the notary public may deem of

significance or relevance.

In case the notarial act is not completed, the notary public shall
record in the register the reasons or circumstances. He shall also
record the circumstances of any request to inspect or copy an entry in
the notarial register, including the requester’s name, address,
signature, thumbmark or other recognized identifier, and evidence of
identity. If refused, the reasons shall also be recorded in the register.

4. WHAT ARE THE POWERS OF A NOTARY PUBLIC?

Pursuant to Rule IV, Section 1 of the 2004 Rules on Notarial

Practice, every notary public shall have the power to:

a. Perform notarial acts such as:

 i. Acknowledgements;

ii. Oaths and affirmations;

iii. Jurat;

iv. Signature witnessings;

v. Copy certifications; and

vi. Any other act authorized by the 2004 Rules on Notarial

Practice;

b. Certify the affixing of a signature by thumb or other mark on an

instrument or document presented for notarization if:

i. The thumb or other mark is affixed in the presence of the

notary public and of two (2) disinterested and unaffected
witnesses to the instrument or document;

ii. Both witnesses sign their own names in addition to the

thumb or other mark;

iii. The notary public writes below the thumb or other mark:
“Thumb or Other Mark affixed by name (name of
signatory by mark) in the presence of (names and
addresses of witnesses) and undersigned notary public);
and

iv. The notary public notarizes the signature by thumb or

other mark through an acknowledgment, jurat, or
signature witnessing.
 c. Sign on behalf of a person who is physically unable to sign or
make a mark on an instrument or document if:

i. The notary public is directed by the person unable to sign

or make a mark to sign on his behalf;

ii. The signature of the notary public is affixed in the

presence of two disinterested and unaffected witnesses to
the instrument or document;

iii. Both witnesses sign their own names;

iv. The notary public writes below his signature: “Signature

affixed by notary in presence of (names and addresses of
person and two (2) witnesses;)” and

v. The notary public notarizes his signature by

acknowledgment or jurat.

5. WHAT ARE THE GROUNDS FOR REVOCATION OF

COMMISSION?

Pursuant to Section 1, Rule XI of the 2004 Rules on Notarial

Practice, the Executive Judge shall revoke a notarial commission for
any ground on which an application for a commission may be denied.

In addition, the Executive Judge may revoke the commission

of, or impose appropriate administrative sanctions upon, any notary
public who:

a. fails to keep a notarial register;

b. fails to make the proper entry or entries in his notarial register
concerning his notarial acts;

c. fails to send the copy of the entries to the Executive Judge

within the first ten (10) days of the month following;

d. fails to affix to acknowledgments the date of expiration of his

commission;

e. fails to submit his notarial register, when filled, to the Executive

Judge;

f. fails to make his report, within a reasonable time, to the

Executive Judge concerning the performance of his duties, as
may be required by the judge;

g. fails to require the presence of a principal at the time of the

notarial act;

h. fails to identify a principal on the basis of personal knowledge

or competent evidence;
i. executes a false or incomplete certificate under Section 5, Rule
IV;

j. knowingly performs or fails to perform any other act prohibited

or mandated by these Rules; and

k. commits any other dereliction or act which in the judgment of

the Executive Judge constitutes good cause for revocation of
commission or imposition of administrative sanction.
 PART II

The following pleadings, in the same order, are supplied in the next
succeeding pages:

1. Acknowledgment;

2. Jurat;

3. Verification and Certification of Non-Forum Shopping;

4. Affidavit of Consolidation of Ownership in Pacto de Retro Sale; and

5. Affidavit of Loss of Certificate of Ownership Papers of Automobile.

 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA) S.S.

BEFORE ME, this 19th day of March, 2021 in the City of Manila,
personally appeared:

Name Competent Evidence of Place and Date of Issue

Identity
JUANA DELA CRUZ Passport No. P12HXN DFA Manila, 20 March
2018
MAXIMA Passport No. EXBHNS DFA Manila, 23 June
OLIVEROS 2018

known to me to be the same person who executed the foregoing instrument,

and acknowledged that the same are their free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed

my notarial seal on the date and place above written.

Doc. No. 234; ATTY. ASHER GRACE CRUZ

Page No. 27; NOTARY PUBLIC
Book No. 2; Commission Serial No. 12345
Series of 2021. Until December 31, 2021
Roll of Attorney 7896123
IBP No. 1233/July 23, 2010/Manila
PTR No. 2345/January 2, 2011/Manila
 JURAT

SUBSCRIBED and sworn to before me, this 19th day of March 2021,
in the City of Manila by JUANA DELA CRUZ with Passport No.
P18X1892 issued on 22 January 2019 at the Department of Foreign Affairs
Manila.

Doc. No. 234; ATTY. ASHER GRACE CRUZ

Page No. 27; NOTARY PUBLIC
Book No. 2; Commission Serial No. 12345
Series of 2021. Until December 31, 2021
Roll of Attorney 7896123
IBP No. 1233/July 23, 2010/Manila
PTR No. 2345/January 2, 2011/Manila
 VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA) S.S.

I, JUANA DELA CRUZ, Filipino, of legal age residing at 012

Mendiola St., San Miguel, Manila, after being sworn to in accordance with
law, deposes and says that:

1. I am the Plaintiff in the above-entitled case;

2. The facts stated in the above complaint are true and correct to the best
of my knowledge and authentic records;

3. I have not commenced any action or filed any 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 in
them; and

4. If I should learn that the same or similar action or claim has been filed
or is pending after its filing, I shall report that fact within five (5) days
from notice to the court or where the complaint or initiatory pleading
has been filed.

March 21, 2021, RTC Manila JUANA DELA CRUZ

Affiant

Doc. No. 234; ATTY. ASHER GRACE CRUZ

Page No. 27; NOTARY PUBLIC
Book No. 2; Commission Serial No. 12345
Series of 2021. Until December 31, 2021
Roll of Attorney 7896123
IBP No. 1233/July 23, 2010/Manila
PTR No. 2345/January 2, 2011/Manila
 AFFIDAVIT

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA) S.S.

I, ALFONSO DE LEON, a Filipino citizen, of legal age, single,

residing at 012 Mendiola St., San Miguel, Manila, after being sworn to in
accordance with law, depose and say:

1. That on 20th day of January, 2020, Mr. JUAN DELA CRUZ of legal
age, Filipino, single, residing at 114 Pangasinan, Bago Bantay,
Quezon City, sold to me a certain parcel of land under pacto de retro,
executed before Notarial Public ISOBEL SY and bearing Not. Reg.
No. 32345, Page 34, Book 7, Series of 2021 of his Notarial Register;

2. That a true copy of the said pacto de retro sale is hereto attached as
ANNEX “A”;

3. That pursuant to said deed of sale with pacto de retro, the said vendor
Mr. JUAN DELA CRUZ, should have exercised his right to
repurchase the said property within the period of one (1) year;

4. That the said period expired on 20th day of January 2021;

5. That the said vendor, Mr. JUAN DELA CRUZ, by himself or by any
other person in his behalf, has not complied with the condition and
stipulation required for the repurchase of the said property;

6. That the said period of repurchase has not been extended, either
expressly or impliedly, by affiant vendee a retro;

7. That by virtue of the said deed of sale with pacto de retro, and by the
failure of the vendor, Mr. JUAN DELA CRUZ, to duly repurchase the
property therein mentioned within the period stipulated, there was
 consolidated in the affiant, as vendee a retro, the absolute ownership
of the said property;

8. That attached hereto, as ANNEX “B,” is an order of the Regional

Trial Court of Manila issued on 10th day of March, 2021, approving
and confirming the above consolidation of ownership in the name of
affiant.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day

of March, 2021, in the City of Manila, Philippines.

ALFONSO DE LEON
Affiant

Doc. No. 234; ATTY. ASHER GRACE CRUZ

Page No. 27; NOTARY PUBLIC
Book No. 2; Commission Serial No. 12345
Series of 2021. Until December 31, 2021
Roll of Attorney 7896123
IBP No. 1233/July 23, 2010/Manila
PTR No. 2345/January 2, 2011/Manila
 AFFIDAVIT

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA) S.S.

I, JUANA DELA CRUZ, a Filipino citizen, of legal age, single,

residing at 012 Mendiola St., San Miguel, Manila, after being sworn to in
accordance with law, depose and say:

1. That I am the true owner of an automobile, described as follows:

Make: Toyota

Model: Camry

Chassis Serial No: 2A3-FXE

Plate No.: XYZ123

2. That the said automobile had been duly registered in my name in the
Land Transportation Office (LTO) in Manila for the years 2017-2022;

3. That the certificate of registration and other pertinent papers of

ownership of said automobile were among those burned and destroyed
on January 27, 2021 when my house and all my personal belongings
were completely destroyed by fire;

4. That said papers are now beyond recovery.

 IN WITNESS WHEREOF, I have hereunto set my hand this 2nd
day of February, 2021, in the City of Manila, Philippines.

JUANA DELA CRUZ

Affiant

Doc. No. 234; ATTY. ASHER GRACE CRUZ

Page No. 27; NOTARY PUBLIC
Book No. 2; Commission Serial No. 12345
Series of 2021. Until December 31, 2021
Roll of Attorney 7896123
IBP No. 1233/July 23, 2010/Manila
PTR No. 2345/January 2, 2011/Manila