2020-21-22 AUSL LMT (Day 2 Afternoon)
2020-21-22 AUSL LMT (Day 2 Afternoon)
2020-21-22 AUSL LMT (Day 2 Afternoon)
I. CIVIL PROCEDURE
COMPULSORY PERMISSIVE
Arises out of or is connected with the transaction or Does not arise out of or is not necessarily
occurrence constituting the subject matter of the opposing connected with the subject matter of the
party's claim. opposing party‟s claim.
Barred if not set up in the same action. May be filed separately in another case.
No need to pay docket fees Required to pay docket fees.
(FGU Insurance Corp. vs. Alday, G.R. No. 138822, January 23, 2001)
arellano C|L|E|A|R 1
20 calendar days from notice of the order admitting the same,
Answer to Supplemental Complaint
unless a different period is fixed by the court.
Counterclaim or cross-claim after answer Before judgment, with leave of court.
Omitted counterclaim or cross-claim Before judgment, with leave of court.
15 calendar days from notice of the order admitting the same,
Answer to Complaint-in-Intervention
unless a different period is fixed by the court.
10 calendar days from notice of the order, unless a different period
Bill of particulars
is fixed by the court.
When the defendant is a corporation, partnership or association organized under the laws of the
Philippines with a juridical personality, service may be made on the president, managing partner,
general manager, corporate secretary, treasurer, or in-house counsel of the corporation wherever they
may be found, or in their absence or unavailability, on their secretaries.
It shall be made upon the person who customarily receives the correspondence for the defendant at its
principal office. In case the domestic juridical entity is under receivership or liquidation, service of
summons shall be made on the receiver or liquidator, as the case may be. (Section 12, Rule 14 of the
Revised Rules of Court)
6. On what grounds may the court dismiss the case motu proprio?
9. AAA filed a complaint for declaration of tenancy relationship with the DARAB against BBB.
Consequently, BBB filed a complaint for theft against AAA for harvesting his crop without his
consent. Should the BBB’s complaint be elevated to the courts, may AAA be held liable for
theft?
No. Following the principle of conclusiveness of judgment, DARAB‟s decision that AAA was a bona
fide tenant is conclusive and binding upon the criminal court. (Ligtas v. People, 17 August 2015, Leonen, J)
After at least three (3) attempts on two (2) different dates, service may be effected:
(a) By leaving copies of the summons at the defendant‟s residence to a person at least eighteen (18)
years of age and of sufficient discretion residing therein;
arellano C|L|E|A|R 2
(b) By leaving copies of the summons at [the] defendant‟s office or regular place of business with
some competent person in charge thereof. A competent person includes, but is not limited to, one
who customarily receives correspondences for the defendant;
(c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose
known, with any of the officers of the homeowners‟ association or condominium.
(Rule 14, Sec. 6, Revised Rules of Court)
11. Distinguish Petition for Certiorari (R65) from Appeal on Certiorari (R45).
12. What are the cases cognizable by the RTC regardless of the imposable penalty?
Prejudicial question is an issue involved in a civil action which is similar or intimately related to the
issue raised in a criminal action, the resolution of which determines whether or not the criminal
action may proceed. Its elements are: a. The civil action must be instituted prior to the criminal
action; b. The civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action; and c. The resolution of such issue determines whether or not the
criminal action may proceed. (Sec. 7, Rule 111)
16. What are the requisites for the discharge of the accused as state witness?
a. Two or more accused are jointly charged with the commission of an offense;
b. The motion for discharge is filed by the prosecution before it rests its case;
c. The prosecution is required to present evidence and the sworn statement of each proposed
state witness at a hearing in support of the discharge;
d. The accused gives his consent to be a state witness; and
arellano C|L|E|A|R 3
e. The trial court is satisfied that: (i) There is absolute necessity for the testimony of the accused
whose discharge is requested; (ii) There is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of said accused; (iii) The testimony
of said accused can be substantially corroborated in its material points; (iv) Said accused does
not appear to be the most guilty; and (v) Said accused has not at any time been convicted of
any offense involving moral turpitude. (Sec. 17, Rule 119 of the Revised Rules of Court)
17. What are Prohibited Motions under A.M. 15-06-10-SC or the Revised Guidelines for
Continuous Trial of Criminal Cases?
When there is variance between the offense charged and the offense proved, and the offense
charged is included in or necessarily includes the offense proved, the accused shall be convicted of
the offense proved which is included in the offense charged, or the offense charged which is
included in the offense proved. (Sec. 4, Rule 120 of the Revised Rules of Court)
a. The prosecution with the express conformity of the accused or the accused moves for a
provisional dismissal of the case; or both the prosecution and the accused move for a provisional
dismissal of the case;
b. The offended party is notified of the motion for a provisional dismissal of the case;
c. The court issues an order granting the motion and dismissing the case provisionally; and
d. The public prosecutor is served with a copy of the order of provisional dismissal of the case. (People
vs. Lacson, G.R. No. 149453, April 1, 2003)
III. APPEAL
21. Can a party file a notice of appeal from a judgment even if there is a pending motion for
reconsideration by the other party?
Yes. Each party has a different period within which to appeal and since each party has a different
period within which to appeal, the timely filing of a motion for reconsideration by one party does not
interrupt the other or another party's period of appeal. (Bernardo vs. Soriano, G.R. No. 200104, 19 June 2019)
22. What are the modes of appeal from the decision of the Regional Trial Court?
a. By Ordinary Appeal, where judgment was rendered by the Regional Trial Court in the exercise
of its original jurisdiction, and is taken to the Court of Appeals on questions of fact or mixed
questions of fact and law.
b. By Petition For Review, where judgment was rendered by the Regional Trial Court in the
exercise of its appellate jurisdiction.
arellano C|L|E|A|R 4
c. By Petition for Review on Certiorari to the Supreme Court. This mode is brought to the
Supreme Court from the decision of the Regional Trial Court in the exercise of its original
jurisdiction and only on questions of law.
23. As a general rule, the Supreme Court is not a trier of fact, and thus, only questions of law
may be raised, what are its exceptions?
a. Extrinsic fraud
b. Lack of jurisdiction
c. Denial of due process (Diona vs Balangue, G.R. No. 173559, January 7, 2013)
25. When should the petitioner avail the remedy of Annulment of Judgment?
If the ground is extrinsic fraud, it must be availed within 4 years from the discovery thereof; and if
the ground is lack of jurisdiction, it must be availed before jurisdictional estoppel or laches sets in.
(Sps. Benatiro v. Heirs of Cuyos, G.R. No. 161220, July 30, 2008)
26. Is Annulment of Judgment available if the ground relied upon is lack of due process?
Yes. While under Section 2, Rule 47, a Petition for Annulment of Judgment may be based only on
the grounds of extrinsic fraud and lack of jurisdiction, jurisprudence recognizes lack of due process
as an additional ground to annul a judgment. (Diona vs Balangue, G.R. No. 173559, January 7, 2013)
27. What is the remedy for a judicial declaration of presumptive death obtained fraudulently?
The proper remedy for a judicial declaration of presumptive death obtained by extrinsic fraud is an
action to annul the judgment. An affidavit of reappearance is not the proper remedy when the
person declared presumptively dead has never been absent. (Santos v. Santos, G.R. No. 187061, October
08, 2014, Leonen, J.)
Extrinsic fraud must arise from an act of the adverse party and the fraud must be of such nature as
to have deprived the petitioner his day in court. The fraud is not extrinsic is the act was committed
by the petitioner‟s own counsel. Application of Rule 47 does not equate mistake and gross
negligence as extrinsic fraud. (Sibal v. Buquel, G.R. No. 197825, January 11, 2016)
V. SMALL CLAIMS
29. What cases are governed by the Revised Rules of Procedure for Small Claims Cases?
These Rules shall govern the procedure before the first-level courts in actions for payment of
money where the value of the claim does not exceed ₱300,000 in first-level courts other than
MeTCs, or ₱400,000 in MeTCs, exclusive of interests and costs.
30. What is the remedy against a final and executory judgment in small claims cases?
arellano C|L|E|A|R 5
Petition for Certiorari under Rule 65. The extraordinary writ of certiorari is always available where
there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law.
(A.L. Ang Network, Inc. vs. Mondejar, G.R. No. 200804, January 22).
VI. EVIDENCE
31. Can the sole testimony of child victim convict an accused charged with rape?
Yes. Testimonies of child-victims of rape are to be given full weight and credence. Reason and
experience dictate that a girl of tender years, who barely understands sex and sexuality, is unlikely
to impute to any man a crime so serious as rape, if what she claims is not true. Her candid
narration of how she was raped bears the earmarks of credibility, especially if no ill will which
motivates her to testify falsely against the accused. (People vs Rodrigo Gutierrez y Robles, G.R. No. 208007,
April 2, 2014, Leonen, J.)
Yes. Writings, recordings, photographs or any material containing words, sounds, numbers,
figures, symbols or their equivalent or other modes of written expression offered as proof of their
contents are considered documentary evidence. Photographs considered as documentary
evidence include still pictures, drawings, stored images, x-ray films, motion pictures and videos.
(Sec 2, Rule 130, Revised Rules of Court)
34. What are the requisites for the application of the privilege communication between Patient
and Doctor?
a. That the privilege is being claimed in civil case;
b. That the person against whom the privilege is being claimed is a physician, psychotherapist or
person reasonably believed by the patient to be authorized to practice medicine or
psychotherapy;
c. That such person acquired the information while he was attending to the patient in his
professional capacity for the purpose of diagnosis or treatment of the patient‟s physical, mental
or emotional condition, including alcohol or drug addiction between the patient and his or her
physician or psychotherapist;
d. That the information is necessary to enable the person to act in that capacity;
e. That the information is confidential and if disclosed would tend to blacken the reputation of the
patient.
arellano C|L|E|A|R 6
37. May the Res Inter Alios Acta Rule be properly invoked in preliminary investigation?
No. Technical rules of evidence are not binding during preliminary investigation. The co-
conspirators‟ statements were sought to be excluded based on the res inter alios acta rule, which
states that the rights of a party cannot be prejudiced by an act, declaration, or omission of another.
The foregoing rule constitutes a technical rule on evidence which should not be rigidly applied in
the course of preliminary investigation proceedings. (Cambe vs. Office of the Ombudsman, G.R. Nos. 212014-
15, December 6, 2016)
40. What is the the Original Document Rule / Best Evidence Rule, and its exceptions.
The Original Document Rule provides that when the subject of inquiry is the contents of a
document, no evidence shall be admissible other than the original document itself. Its exceptions
are:
a. When the original has been lost or destroyed, or cannot be produced in court, without bad
faith on the part of the offeror;
b. When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice;
c. When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them
is only the general result of the whole;
d. When the original is a public record in the custody of a public officer or is recorded in a public
office; and
e. When the original is not closely related to a controlling issue. (Sec. 3, Rule 130)
It applies to all actions and proceedings, and incidents requiring the reception of evidence before:
a. Courts (but not to small claims cases)
b. Investigating officers and bodies authorized by the SC to receive evidence, including the IBP
c. Quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme
Court, insofar as their existing rules of procedure contravene the provisions of this Rule (Sec. 1,
A.M. 12-8-8-SC)
42. When should the offer and objections to the Judicial Affidavit be made?
The party presenting the judicial affidavit of his witness in place of direct testimony shall state the
purpose of such testimony at the start of the presentation of the witness. The adverse party may
move to disqualify the witness or to strike out his affidavit or any of the answers found in it on
ground of inadmissibility. (Section 6, A.M. No. 12-8-8-SC)
arellano C|L|E|A|R 7
c. With respect to civil aspect, whatever the penalties involved are (Sec. 9, AM No. 12-8-8-SC, September
4, 2012)
44. Can the trial court allow the submission of Supplemental Judicial Affidavit, together with the
documentary evidence attached thereto, even though trial had already commenced when it
submitted the same, and hence, had not been submitted and pre-marked during the pre-
trial?
Yes. Sec. 10 of the Judicial Affidavit Rule contains a caveat that the failure to timely submit the
affidavits and documentary evidence shall be deemed to be a waiver of their submission. However,
the submission of evidence beyond the mandated period in the Rules strictly subject to the
conditions that:
a. the court may allow the late submission of evidence only once;
b. the party presenting the evidence proffers a valid reason for the delay; and
c. the opposing party will not be prejudiced thereby.
(Lara‘s Gift and Decors, Inc. vs. PNB General Insurers Co., Inc. G.R. No. 230429, January 24, 2018)
Tender of excluded evidence is a remedy embodied under Sec. 40 of Rule 132 of the Rules of
Court. The rule is that evidence formally offered by a party may be admitted or excluded by the
court through the following:
a. If a party's offered documentary or object evidence is excluded, he may move or request that it
be attached to form part of the records of the case.
b. If the excluded evidence is oral, he may state for the record the name and other personal
circumstances of the witness and the substance of the proposed testimony. (Fortune Tobacco
Corporation vs. Commissioner of Internal Revenue, G.R. No. 192024, July 1, 2015)
It requires that a specific and timely objection be made to the admission of evidence. Objections to
the admission of evidence must be made seasonably, at the time it is introduced or offered,
otherwise they are deemed waived, and will not be entertained for the first time on appeal. (People
vs. Banares, G.R. No. 68298, November 25, 1986)
47. What are the prohibited motions and pleadings under the following rules?
arellano C|L|E|A|R 8
VII. SPECIAL CIVL ACTIONS
48. May an administrative agency like the Department of Agrarian Reform Adjudication Board
issue writs of certiorari?
No. Administrative agencies are not courts of law exercising judicial power. The power to issue
writs of certiorari is an incident of judicial review. Thus, administrative agencies may not issue writs
of certiorari to annul acts of officers or state organs even when they exercise supervisory authority
over these officers or organs. (Zoleta v. Land Bank, 9 August 2017, Leonen, J.).
arellano C|L|E|A|R 9
VIII. SPECIAL PROCEEDINGS
arellano C|L|E|A|R 10
RULES OF PROCEDURE ON ENVIRONMENTAL CASES (A.M. No. 09-6-8-SC)
52. What is a Consent Decree under the Rules of Procedure for Environmental Cases?
It refers to a judicially approved settlement between concerned parties based on public interest and
public policy to protect and preserve the environment. (Sec. 4[b], Rule 1 of A.M. No. 09-6-8-SC)
It refers to an action whether civil, criminal or administrative, brought against any person, institution
or any government agency or local government unit or its officials and employees, with the intent to
harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or
government agency has taken or may take in the enforcement of environmental laws, protection of
the environment or assertion of environmental rights (Rule 1, Section 1(g), Rules of Procedure For
Environmental Cases)
Writ of Kalikasan
54. May the US Navy invoke the waiver of State immunity under the Visiting Forces Agreement
as defense in Petition for the Issuance of Writ of Kalikasan?
No. The waiver of State immunity under the Visiting Forces Agreement pertains only to criminal
jurisdiction and not to special civil actions such as the Petition for Issuance of a Writ of Kalikasan.
(Arigo vs. Swift, G.R. No. 206510, September 16, 2014)
55. In a Petition for Writ of Kalikasan, may the court award damages to individual petitioners?
No. The Rules of Procedure for Environmental Cases which provides that the reliefs that may be
granted under the writ include such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation, rehabilitation or restoration of the
environment, except the award of damages to individual petitioners. (West Tower Condominium vs. Phil.
Ind. Corp., G.R. No. 194239, June 16, 2015)
Continuing mandamus is a writ issued by a court in an environmental case directing any agency or
instrumentality of the government or officer thereof to perform an act or series of acts decreed by
final judgment which shall remain effective until judgment is fully satisfied. (Dolot vs. Paje, G.R. No.
199199, 27 August 2013)
arellano C|L|E|A|R 11
LEGAL AND JUDICIAL ETHICS
NOTE: In the Bar Examinations, indicating one‟s name or any other name in the lawyer‟s oath would
be considered as markings.
Note: A successful bar candidate who was allowed to sign by the Clerk of the SC to sign in the Roll of
the Attorney„s but was unable to take an oath although he has paid his IBP dues and listed as
―qualified voter‖ in IBP affairs, cannot be admitted to the Bar (In re: Elmo S. Abad, B.M. No. 139, March 18,
1983).
4. Can a repatriated lawyer be allowed to practice law in the Philippines? If so, what are the
conditions that must be complied with before he can be allowed to resume his law practice?
A repatriated lawyer must first secure from the Supreme Court the authority to do so, conditioned on:
a. the updating and payment in full of the annual membership dues in the IBP;
b. the payment of professional tax;
c. the completion of at least 36 credit hours of mandatory continuing legal education; and d. the
retaking of the lawyer„s oath which will not only remind him of his duties and responsibilities as a
lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the
Republic of the Philippines (Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay, B.M. No. 1678,
December 17, 2007).
arellano C|L|E|A|R 12
6. What are the duties of a lawyer to the society?
a. Canon 1 – A lawyer shall uphold the Constitution, obey the laws of the land and promote respect
for law and legal processes.
b. Canon 2 – A lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession.
c. Canon 6 – These Canons shall apply to lawyers in government service in the discharge of their
tasks.
7. What are the duties of a lawyer to the courts?
a. Canon 10 - A lawyer owes candor, fairness, and good faith to the court.
b. Canon 11 - A lawyer shall observe and maintain the respect due to the courts and to judicial
officers and should insist on similar conduct by others.
c. Canon 12 - A lawyer shall exert every effort and consider it their duty to assist in the speedy and
efficient administration of justice.
d. Canon 13 - A lawyer shall rely upon the merits of their cause and refrain from any impropriety
which tends to influence or give the appearance of influencing the court.
8. What are the duties of a lawyer to the client?
a. Canon 14 - A lawyer shall not refuse their services to the needy.
b. Canon 15 - A lawyer shall observe candor, fairness, and loyalty in all [their] dealings and
transactions with [their] clients.
c. Canon 16 - A lawyer shall hold in trust all moneys and properties of [their] client that may come into
their profession.
d. Canon 20 - A lawyer shall charge only fair and reasonable fees.
e. Canon 21- A lawyer shall preserve the confidence and secrets of [their] client even after the
attorney-client relation is terminated.
9. Atty. X drafted his Mario's affidavit of Self-Adjudication stating that the latter is the sole heir of
his spouse Ruffa knowing this to be false. Mario and Ruffa had a daughter. Years later Atty. X,
on behalf of Maria, daughter of Ruffa and Mario, filed a Complaint for sum of money with prayer
for Writ of Preliminary Injunction and temporary restraining order against Roberto. The
Complaint alleged that Maria is an heir of Mario which allegedly contradicts the Affidavit of
Self-Adjudication that Atty. X drafted. Are there any violations committed by Atty. X when he
represented the spouses and Maria?
Yes. Atty. X violated Rule 15.03, Canon 15. It provides “A lawyer shall not represent conflicting
interests except by written consent of all concerned given after a full disclosure of the facts.”
There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing
parties. The test is "whether or not in behalf of one client, it is the lawyer„s duty to fight for an issue or
claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this
argument will be opposed by him when he argues for the other client."(Bernardino v. Santos, A.C. No. 10583,
February 18, 2015, J. Leonen)
DISQUALIFICATION INHIBITION
Grounds The are grounds provided under The motion for inhibition must be
the law which a judge may be grounded on just and valid
disqualified causes. The mere imputation of
bias or partiality is not enough
(Section 1,Rule 137, Rules of Court
and Section 5, Canon 3, New Code of basis for them to inhibit,
Judicial Conduct). especially when the charge is
groundless.
(PAGODA Philipines, Inc v. Universal
Canning, Inc., G.R. No. 160966
October 11, 2005)
Discretion Does not give the judicial officer A judge may, in the exercise of
any discretion to try or sit in a case his sound discretion, disqualify
(Paragraph 1, Section 1, Rule 137, himself from sitting in a case
Rules of Court) (Paragraph 2, Section 1, Rule 137,
Rules of Court)
arellano C|L|E|A|R 13
GROUNDS FOR DISQUALIFICATION
Section 1, Rule 137, Rules of Court Section 5, Canon 3, New Code of Judicial Conduct
a. He or his wife or his child is pecuniary interested Judges shall disqualify themselves from participating
as heir, legatee, creditor or otherwise; in any proceedings in which they are unable to decide
the matter impartially or in which it may appear to a
b. He is related to either party within the sixth degree reasonable observer that they are unable to decide
of consanguinity or affinity or to counsel within the the matter impartially. Such proceedings include, but
fourth civil degree; are not limited to, instances where:
c. When he has been an executor, guardian,
administrator, trustee or counsel; and
a. The judge has actual bias or prejudice concerning
d. When he has presided in an inferior court where a party or personal knowledge of disputed
his ruling or decision is subject to review evidentiary facts concerning the proceedings;
b. The judge previously served as a lawyer or was a
material witness in the matter in controversy;
c. The judge, or a member of his or her family, has
an economic interest in the outcome of the matter
in controversy;
d. The judge served as executor, administrator,
guardian, trustee or lawyer in the case or matter
in controversy, or a former associate of the judge
served as counsel during their association, or the
judge or lawyer was a material witness therein;
e. The judge‟s ruling in a lower court is the subject of
review;
f. The judge is related by consanguinity or affinity to
a party litigant within the sixth civil degree or to
counsel within the fourth civil degree; or
g. The judge knows that his or her spouse or child
has a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any
other interest that could be substantially affected
by the outcome of the proceedings
11. What are the two types of contempt of court and briefly discuss each:.
a. Direct contempt consists of "misbehavior in the presence of or so near a court as to obstruct or
interrupt the proceedings before it."It includes:
i. disrespect to the court,
ii. offensive behavior against others,
iii. refusal, despite being lawfully required, to be sworn in or to answer as a witness, or to subscribe
an affidavit or deposition. It can be punished summarily without a hearing. (Oca v. Custodio, G.R. No.
199825, July 26, 2017)
b. Indirect contempt is committed through any of the acts enumerated under Rule 71, Section 3 of
the Rules of Court:
a. Misbehavior of an officer of a court in the performance of his or her official duties or in his or her
official transactions;
b. Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including
the act of a person who, after being dispossessed or ejected from any real property by the
judgment or process of any court of competent jurisdiction, enters or attempts or induces
another to enter into or upon such real property, for the purpose of executing acts of ownership
or possession, or in any manner disturbs the possession given to the person adjudged to be
entitled thereto;
c. Any abuse of or any unlawful interference with the processes or proceedings of a court not
constituting direct contempt under Section 1 of this Rule;
d. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice;
e. Assuming to be an attorney or an officer of a court, and acting as such without authority;
f. Failure to obey a subpoena duly served;
g. The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of
an order or process of a court held by him [or her]
arellano C|L|E|A|R 14
h. Indirect
contempt is only punished after a written petition is filed and an opportunity to be heard is
given to the party charged.(Oca v. Custodio, G.R. No. 199825, July 26, 2017)
12. What are the remedies of a person cited for direct contempt?
The person cited in direct contempt by any court may avail himself of the remedies of certiorari or
prohibition. The execution of the judgment shall be suspended pending resolution of such petition,
provided such person files a bond fixed by the court which rendered the judgment and conditioned that
he will abide by and perform the judgment should the petition be decided against him. (Section 2, Rule 71,
Rules of Court)
PRACTICAL EXERCISES
arellano C|L|E|A|R 15
e. Agreement - legally called the consideration is a general statement of what is expected from the
parties to fulfill the contract.
arellano C|L|E|A|R 16
18. Draft an Affidavit of Loss
ACKNOWLEDGMENT JURAT
As to Definition
"Acknowledgment" refers to an act in which an Part of an affidavit where the officer certifies that the
individual on a single occasion: same was “sworn” before him.
(a) appears in person before the notary public and Note: The jurat accompanies any notarized
presents an integrally complete instrument or document that is declaratory in nature.
document;
(b) is attested to be personally known to the notary
public or identified by the notary public through
competent evidence of identity as defined by these
Rules; 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 the authority to
sign in that capacity.
(Section 1, Rule II, 2004 Rules on Notarial Practice)
As to Where Used
As to purpose
arellano C|L|E|A|R 17
TWO-FOLD PURPOSE: Gives the document legal character.
(1) To authorized the deed to be given in evidence
without further proof of its execution; and
(2) To entitle it to be recorded.
As to Presumption
arellano C|L|E|A|R 18
23. What are the parts of a motion?
arellano C|L|E|A|R 19