Legal Forms Course Syllabus of Atty. ROMMEL C. TINGA

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The key takeaways are that this course deals with the study of substantive and procedural provisions of Notarial Law of 2004 and related laws. It covers various legal forms like deeds, contracts, and their requirements. The course aims to help students understand legal forms and their functions as well as Notarial Law.

The purpose of this course is to help students understand the functions and importance of legal forms. It aims to teach students the requirements for different legal forms, how to identify various legal forms and know their functions. It also aims to teach students about the importance and function of Notarial Law of 2004 and related laws.

Some examples of legal forms covered in this course include conveyancing, deed of sale of real property, deed of sale, will, affidavit of loss, affidavit of birth, etc.

UNIVERSITY OF THE EAST

COURSE SYLLABUS
In
LEGAL FORMS

COURSE DESCRIPTION No. of Hours: 36

This course deals with the study of the substantive, procedural provisions of
Notarial Law of 2004 and other related laws. For the substantive aspects of the Notarial
Law, it includes the discussion of the validity of the deeds, contracts and legal forms. For
the procedural aspects the discussion includes the requirements that must be included in
the preparation of deeds, contracts and legal forms and the purpose thereof, the
distinctions between various deeds, contracts and legal forms.

At the end of the course, the students are expected to:

COGNITIVE:
A. Understand the functions and Importance of Legal Forms;
B. Understand the requirements for each Legal Forms;
C. Identify the different Legal Forms and know their functions;
D. Know the importance and function of Notarial Law of 2004 and other related laws.

AFFECTIVE

a. Be able to apply the basic principles of the Legal Forms and Notarial Law in the
practice of Law.
b. Be able to appreciate the importance of Legal Forms in law practice; and
c. Be able to gain admiration of the value and usefulness of the Legal forms in law
practice.

Semester : First Semester 2021-2022


Subject Code : LLF 322
Section : 3B2
Days : Wednesday
Time : 5:30-7:30
Start : January 20, 2021
Mid-Term :
Finals :
Total No. of Hours : 36
Credit : 2 units
References : Legal Forms (2007)
ROLANDO B. SUAREZ
REX BOOKSTORE, Inc.

PRIMER ON THE RULES OF NOTARIAL


PRACTICE (2005)
Justice (Ret.) REGALADO E. MAAMBONG
Paramount Management Consultancy Service,
Inc.

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

Efficient Use of Paper Rule (A.M. 11-9-4-SC)

I. INTRODUCTION

a. The Notarial Law


b. Brief Historical Background
c. During the Spanish Regime
d. After the Spanish Regime or American Military Rule in the Philippines on
April 14, 1898.
e. The difference between the Old and the New System
1 | Legal Forms Course Syllabus of Atty. ROMMEL C. TINGA
i. Conveyancing
ii. Deed of Sale of Real Property
iii. Deed of Sale
f. Office of the Notary Public
i. Brief of the Historical Background
ii. Meaning of Notary
g. The Rules on Notarial Practice of 2004

II. LEGAL FORMS


a. Coverage of Legal Forms
b. Why should an Agreement be in writing?
c. When is Form Important?
d. Other instances when an agreement or a contract should be in a public
document.
e. Every Will must be acknowledged before a Notary Public by the Testator and
the witnesses.
f. Remedy if the True Intention of the parties is not expressed in the
instrument.
g. Remedy if mistake, fraud, inequitable conduct or accident had prevented the
meeting of the minds of the parties.

III. DEFINITIONS AND DISTINCTIONS


a. Conveyances
b. Deed
c. Distinction between Deed and a Will.
d. Document
1. Private Document
2. Public Document

IV. ACKNOWLEDGMENT AND JURAT


a. Distinction between a Jurat and Acknowledgment
b. Instrument that must be Acknowledged
c. Requirements of Acknowledgment is statutory
d. Acknowledgment is a Personal Act
1. Simple Acknowledgment
2. Acknowledging of an instrument consisting of two or more pages
3. Acknowledgment of instrument when two or more parcels of land are
involved.
4. Acknowledgment by corporation.
5. Acknowledgment for corporation by President and Secretary.
e. What is the meaning of “SS” or Scilicet?
f. What is the meaning of Videlicet?
V. AFFIDAVIT
a. Definition
1. Affidavit of Loss
2. Affidavit of Birth
3. Affidavit of Desistance
4. Affidavit of Merit
5. Affidavit of Good Faith
6. Affidavit of Adjoining owners
VI. AUTHENTICATION
1. Acknowledgment taken outside of the country
a. Authentication of a Document by Secretary of Foreign Affairs
b. Authentication of a document by the Clerk of Court in the U.S.
c. Authentication of a Document by the Philippine Consul in the U.S.
2. Authentication of electronic data messages and electronic document.

VII. OATH AND AFFIRMATION


1. Definition of Oath
2. Officials authorized to administer oath
3. Method of an oath varies –
a. On the Bible
b. Oath of the President of the Republic of the Philippines
2 | Legal Forms Course Syllabus of Atty. ROMMEL C. TINGA
c. Oath of Office of the Judges
d. Oath of Office of the Municipal Officials
e. Attorney’s Oath

VIII. PARTNERSHIP AND CORPORATION


1. Definition of Partnership
2. Characteristics of a Contract of Partnership
a. Articles of Partnership (General)
b. Articles of Partnership (Limited)
3. Definition of a Corporation
4. Corporation distinguished from Partnership
a. Articles of Incorporation (stock corporation)
b. Treasurer’s Certificate
c. Undertaking to Change Name
d. Articles of Incorporation (non-stock non-profit)
e. Articles of Cooperative

IX. CONTRACTS
1. Contract defined
2. Elements of a Contract
3. Stipulations that may be agreed upon
4. Contracts take effect only as between the parties, their assignments and
heirs
5. Contracts usually requested by clients
6. Sale of Real Property
7. Sale of Personal Property
8. Lease
9. Mortgage
10. Building Contract
11. Assignment
12. Other Contracts
13. Modern Day Transactions
14. Negotiable Instrument
15. Testamentary Disposition

MID-TERM EXAMINATIONS

I. PRINCIPLES OF PLEADING
a. Concept and definition of pleadings
b. Importance of a pleading
c. Purpose of a pleadings
d. Law Governing pleadings
e. System of pleadings in the Philippines
f. Pleadings must be sufficient in forms and in substance
g. How are pleadings construed
h. Jurisdictional allegations
i. Prayer
j. Signature and address
k. Verification
l. Who may verify a pleading
m. Verification based on “knowledge and belief”
n. Should all pleadings be verified
o. Formal Parts of a pleading
i. Captions and Title
ii. Signature and address
iii. Verification
iv. Certification Against Forum Shopping

II. ALLEGATIONS IN A PLEADING


a. What are contained in a pleading
b. Distinction between Ultimate and evidentiary facts?
c. What are those need not alleged in a pleading?
d. Alternative causes of action or defense
3 | Legal Forms Course Syllabus of Atty. ROMMEL C. TINGA
e. General Averment (Sec. 3, Rule 8)
f. Capacity
g. Fraud, mistake condition of the mind

III. JUDICIAL FORMS

FORMS IN ORDINARY CIVIL ACTIONS


COMPLAINT
1. What is a Complaint?
2. Different Kinds of Complaint
a. Complaint for sum of money
b. Specific Performance with Damages
c. Unlawful detainer
d. Annulment of Marriage
Grounds for Annulment
Petition for Annulment of Marriage
e. Rescission of Contract with Damages
f. Complaint for Damages caused by a defendant whose identity or
name is unknown
g. Damages based on Tort
h. Damages based on contract

ANSWER
a. What is an answer?
1. Negative Defense
2. Affirmative Defense
3. Answer with negative defense
4. Answer with positive defense
5. Answer with counter claim
6. Different Affirmative defenses
CROSS CLAIM
a. What is a cross-claim
b. Answer with cross-claim

THIRD PARTY COMPLAINT


What is a third party complaint

INTERVENTION
Who may intervene?
Complaint in intervention?

MOTION
What is a motion?
Motion for postponement
Motion to declare Defendant in Default
Ex-Parte Motion to Order the Public Prosecutor to Investigate
Motions to serve summons by publication
Motion to Dismiss
Motion To Withdraw
Motion for Extension (Position paper)

MISCELLANEOUS FORMS
Summons
Subpoena
Metropolitan Trial Court
Office of the City Prosecutor

SUPPORTING DOCUMENTS
Verification and Certification of Non-Forum Shopping
Affidavit of Merit
Proof of Service (thru personal service)
Affidavit of Proof of Service (thru registered mail)

4 | Legal Forms Course Syllabus of Atty. ROMMEL C. TINGA


IV. SPECIAL CIVIL ACTIONS
What is a Special Civil Actions?
Definition and Example
Interpleader
Declaratory Relief
Certiorari
Prohibitions
Mandamus

Quo Warranto
Eminent Domain
Complaint for Foreclosure of Mortgage
Complaint for Partition of Real Estate
Complaint for Forcible Entry
Complaint for Unlawful Detainer
Petition for Contempt

V. FORMS IN SPECIAL PROCEEDINGS


What are the Special Proceedings provided in the new Rules of Court?
Definition and Examples
Settlement of Estate of Deceased Persons
Extrajudicial Settlement by agreement of the heirs
Summary settlement of Estate whose Gross value is P10,000.00
Summary Settlement of Estate
Petition for Probate of Will and Issuance of Letters testamentary
Petition for Letters of Administration
Definition of Terms
Persons Disqualified or Incompetent to serve as executor or as an administrator

VI. FORMS IN PROVISIONAL REMEDIES


Complaint with prayer for Preliminary Attachment
Complaint with Application for Preliminary Injunction
Petition for Injunction and/or Preliminary Injunction
Replevin
Complaint for Separate Support with application for alimony pendent lite

VII. FORMS IN CRIMINAL CASES


Complaint Affidavit for Violation of B.P. Blg. 22
Information for Violation of B.P. Blg. 22
Information involving private crimes
Information for Homicides
Information for Murder
Information for Physical Injuries
Information for Theft
Information for Robbery

VIII. FORMS IN OTHER CASES


Election Protest
Position Paper (Labor)
FINAL EXAMINATION

TOTAL HOURS 36

SUGGESTED STRATEGIES AND METHODS OF TEACHING


1. Learning through textbooks on the subject and other related materials
supported by lectures; and
2. Class discussion, assignments, researches, problem solving and case
studies.

TECHNIQUES IN EVALUATING STUDENT PERFORMANCE


1. Recitation
2. Assignments
5 | Legal Forms Course Syllabus of Atty. ROMMEL C. TINGA
3. Quizzes
4. Reports

GRADING SYSTEM

Class Standing : 30%


Mid Terms : 35%
Finals : 35%
____________________________________________
Total 100%

Prepared by:

Atty. Rommel C. Tinga


Roll No. 53725

6 | Legal Forms Course Syllabus of Atty. ROMMEL C. TINGA