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LEGAL FORMS FINALS REVIEWER

A.Y. 2002-2003

 

AFFIDAVIT

 

Republic of the Philippines                           )

Makati City                                                             ) s.s

 

 I, ______, of legal age, single/married, residing at _____, after being sworn to in accordance with law, depose and say:

…..blah blah blah

                IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of March, 2003, in the City of Makati, Philippines.

                                                                                                                                               

(Name & Signature of affiant)

 

JURAT

 

SUBSCRIBED AND SWORN to before me, in the city of Makati, this 22nd day of 2003 by _______ with Residence Cert. No. ____ issued at _____ on ___, 2003.

                                                                                                                                NOTARY PUBLIC

                                                                                                                (commission expires every two years)

Doc. No.__;

Page No. ___;

Book No. ___;

Series of 2003.

 

                               

DEED OF SALE

 

REAL PROPERTY

 

KNOW ALL MEN BY THESE PRESENTS:

               

                I, (Name of Vendor), Filipino, single/married to ____ , of legal age with residence and post-office address at ______,

for and in consideration of the sum of _____ PESOS (___), Philippine currency, to me paid in hand by  (Name of Vendee), Filipino, of legal age with residence & post–office address at ______,

do hereby SELL, TRANSFER, and CONVEY, absolutely and unconditionally, unto the said ______ his/her heirs and assigns, that certain parcel/s of land, together with all the buildings and improvements thereon, situated in …. state: location of land, evidenced by OCT/TCT, vendee shall bear all expenses for the execution & registration of deed of sale (optional)

                IN WITNESS WHEREOF….

 

                (Name & signature of Vendor + WIFE)                    (Name & signature of Vendee)

 

Signed in the presence of:

 

_________         ____________

 

ACKNOWLEDGEMENT

 

RP          )

….           ) s.s.

 

                BEFORE ME, this 22nd day of March, 2003 in the City of Makati, Philippines, personally appeared

                                Name                     Res. Cert. No.                                Issued at             Issued on

 

known to me to be the same person who executed the foregoing instrument, and he acknowledged to me that the same is his free act and deed.

 

                IN WITNESS WHEREOF….

 

D, P, B, S                                                                                                                               NOTARY PUBLIC

 

PERSONAL PROPERTY

 

-          Same as basic contents of Deed of Sale Real Prop, except: Vendor need not be Filipino or if married need not mention name of spouse & spouse need not sign

 

… do hereby SELL AND CONVEY… 

 

state: description of property, covenant that (1) vendor owns; (2) w/ rt. 2 sell & transfer the title & ownership; (3) vendor will defend the same against the claims of any or all persons

 

(Name & signature of vendor)

No need for that of the wife/husband

 

Signed in the Presence of:

_______    ________

 

ACKNOWLEDGEMENT

 

 

 

CHATTEL MORTGAGE

 

KNOW ALL MEN BY THESE PRESENTS

 

-          same as basic contents of deed of sale of real prop

 

That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE the following described personal property:

(1)     situated and ordinarily kept at

(2)     presently in the possession of the said MORTGAGOR, to wit: (describe articles)

 

That this Ch M is given as security for the payment to the MORTGAGEE, of a certain promissory note, dted ____, for the sum of ____, with interest, according to the terms thereof: (copy of PN)

 

That the conditon of this Chattel Mortgage is such that if the said MORTGAGOR and his heirs, shall well and truly perform the full obligation, then this Chattel Mortgage shall be null and void; otherwise, it shall remain in full force and effect and may be enforceable in the manner provided by law.

 

                IN WITNESS WHEREOF….

                                                                                                                                (Name & Signature of mortgagor)

 

Signed in the presence of:

_____     ______

acknowledgement

 

Affidavit of good faith *

 

WE, the undersigned 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.

 

 

Signature of mortgagor                                                                     Signature of mortgagee

 

JURAT

(as to the affidavit of good faith)

 

 

 

Real Estate Mortgage

 

KNOW ALL MEN BY THESE PRESENTS

 

I, ______, Filipino, of legal age, single/married to ______, and with resident at _____,

·         for and in consideration of a loan in the sum of ______, to me in hand paid by ______, Filipino, of legal age, single/married to ____, with resident at,

·         DO HEREBY CONVEY BY WAY OF MORTGAGE, unto the said ____, his heirs and assigns, that certain parcel of land, together with all the buildings and improvements thereon, situated in, _____, particularly described as follows:

 

(description)

 

·          of which real property, I am the registered owner in accordance with the provisions of the Land Registration Act, my title evidence by TCT ______,

·          provided that if I shall pay the loan of ____, within ____ years from this mortgage, then this Mortgage shall be discharged and of no effect;

·          otherwise, it shall remain in full force and effect, and shall be enforceable in the maNner provided by law

 

IN WITNESS WHEREOF

 

________

mortgagor (with wife if married)

 

Signed in the presence of:

 

_____    _____

 

ACKNOWLEDGMENT

 

 

 

special power of attorney

 

KNOW ALL MEN BY THESE PRESENTS

 

                I, ______, of legal age, single/married to ___, resident of ____, do hereby Name, Constitute, and Appoint _____, of legal age, single/married, resident of ____,

·          to be my true and lawful attorney, for me and in my name, place and stead,

·          within a period of ____,

·          to SELL, TRANSFER, AND CONVEY,

·          for a price not less than P______,

·          to whosoever may buy or purchase the following described real property, to with:

 

(description)

 

of which I am the registered owner, as evidenced by TCT _____ of the Register of Deeds of _____, and

·          HEREBY GIVING AND GRANTING unto my said attorney

·          full powers and authority to do and perform all and every act requisite or necessary to carry into effect the foregoing authority to sell, as fully as to all intents and purposes as I might or could lawfully do if personally present,

·          with full 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 by virtue hereof.

 

IN WITNESS WHEREOF…

 

Signed in the presence of

_______                                ________

 

ACKNOWLEDGMENT

 

 

 

COMPLAINT

 

REPUBLIC OF THE PHILS

METROPOLITAN/MUNICIPAL/REGIONAL TRIAL COURT

NATIONAL/1ST WHATEVER JUDICIAL REGION

BRANCH ______, MAKATI CITY

 

 WALTER CASTRO

Plaintiff

               

      - versus -                                                                                                         Civil Case No.               _____                                   

                                                                                                                                For:                                        

 MIK JUNIA

Defendant

x- - - - - - - - - - - - x

 

COMPLAINT

 

                COMES NOW, the plaintiff by the undersigned attorney, and unto this Honorable Court, respectfully avers:

                That ….

                WHEREFORE, ….

                Place, Date.

Attorney’s 1) name, 2) address, 3) signature +

1.       PTR No

2.       IBP No

3.       Roll No.

 

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

 

REPUBLIC OF THE PHILS                 )

MAKATI CITY                                               ) S.S.

 

I, _____________, of legal age, after having been duly sworn to in accordance with law hereby depose and say:

 

1.       That I am the plaintiff in the above-entitled case;

2.       That I have caused the above complaint to be prepared and have read the contents thereof and that the allegations therein are true of my own knowledge and belief;

3.       That 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 therein;

4.       That if I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein this complaint has been filed.

 

IN WITNESS WHEREOF, I have hereunto set my hand this ….., at Makati City.

               

                                                                                                                (Name & signature of affiant-plaintiff)  

JURAT

NOTE:  must be double-spaced EXCEPT for the certifications and verifications
·          ADDRESS OF ADVERSE PARTY
·          explanation OR proof of service to adverse party

 

 

 

 

COMPLAINT - AFFIDAVIT

 

 

Republic of the Philippines                           )

Makati City                                             ) s.s

 

I, (affiant), of legal age, with postal address at _____, after having duly sworn to in accordance with law, hereby depose and say:

 

1.       That I personally know (respondent’s full name), with residence and postal address at______;

 

2.       That in payment for three (3) pieces of 24-karat gold necklaces, secured from me, by _____, who made, drew, issued and delivered to me, Security Bank check No. 63021, dated ______, amounting to PhP ____.  A copy of said check is hereto attached as Annex “Ä”;

 

3.       That I accepted the check upon representation that the same will be honored upon its presentation;

 

4.       That upon it maturity, I deposited the said check at ___.  Unfortunately, the same was dishonored for the reason that the said check was drawn against insufficient funds, as shown by the Return Check Ticket issued by _____, a copy of which is hereto attached as Annex “B”;

 

5.       That a letter of demand was sent to ____ demanding that the check he issued be paid within five (5) days from receipt of said letter.  Unfortunately and for reasons known only to him, respondents failed to make good the said checks.  A copy of the said letter is here attached as Annex “A”;

 

6.       This affidavit is being executed for the purpose of attesting to the truth of the foregoing facts and in support of my accusation against respondent ______, for violation of Batas Pambansa Blg. 22

 

AFFIANT FURTHER SAYETH NAUGHT.

 

IN WITNESS WHEREOF, …

                                                                                                                                _____________________

                                                                                                                                                 Affiant

 

JURAT

Before the Fiscal so NO NEED for D, P, B, S

 

 

 

INFORMATION

 

REPUBLIC OF THE PHILS

METROPOLITAN/MUNICIPAL/REGIONAL TRIAL COURT

NATIONAL/1ST WHATEVER JUDICIAL REGION

BRANCH ______, MAKATI CITY

 

 People of the Philippines

Plaintiff

               

      - versus -                                                                                                         Criminal Case No.  _____

                                                                                                                                For:                        

 MIK AYWNYA

Accused

x - - - - - - - - - - - - - - - x

 

INFORMATION

 

                The State thru accuses _____ of VIOLATION OF BP 22 (An Act Penalizing the Making or Drawing and Issuance of a Check without Sufficient Funds or Credit and for other purposes) committed as follows:

 

                That on ___ day of ___, _____, in _____ and within the jurisdiction of this Honorable Court, the forenamed accused….

 

                CONTRARY TO LAW.

 

                Makati City, March 22, 2003.

 

               

                                                                                (Name,Signature&Designation of Asst/City Prosecutor)

 

Witnesses

_____ ______

 

CERTIFICATION

(under new Crim Pro)

 

REPUBLIC OF THE PHILIPPINES )

MAKATI CITY                                 )  S.S

               

                I,  _______, 2nd Asst. City Prosecutor, after having sworn to in accordance with law, depose and say: APRIC

 

1.                   That I am an authorized officer;

2.                   That I have personally examined the complainant and his witnesses;

3.                   That there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof;

4.                   That the accused was informed of the complaint and the evidence submitted against him; and

5.                   That the accused was given an opportunity to submit controverting evidence.

 

IN WITNESS WHEREOF, I have hereunto set my hand, this 22nd day of March 2003 at Makati City, Philippines.

 

                                                                                 (Name,Signature&Designation of Asst/City Prosecutor)

                                                                 

JURAT

- by JUDGE, so NO NEED for D, P, B, S

 

 

REMEMBER THE ELEMENTS OF THE CRIME BEING CHARGED:

 

Violation of BP22 (1st paragraph) -

1.       That a person makes or draws AND issues ANY check.

2.       That the check is made or drawn and issued TO APPLY ON ACCOUNT OR FOR VALUE.

3.       That the person who makes or draws and issues the check KNOWS AT THE TIME OF ISSUE that he does not have sufficient funds in or credit with the drawee bank FOR THE PAYMENT OF SUCH CHECK IN FULL upon its presentment.

4.       That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawer, WITHOUT ANY VALID REASON, ordered the bank to stop payment.

 

 

Qualified Theft

1.       Person, with intent to gain (but without violence) takes personal property of another without the latter’s consent

2.       Committed in the following means:

a.       by a domestic servant

b.       with grace abuse of confidence,

c.        property stolen is motor vehicle, mail matter or large cattle or coconuts

d.       property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, calamity, vehicular accident or civil disturbance

 

Abduction w/ Rape

1.       Person abducted a woman

2.       Against her will

3.       With lewd designs

4.       There is carnal knowledge of a woman under the following circumstances:

a.       force, threat, intimidation

b.       offended party is deprived of reason or unconscious

c.        by means of fraudulent machination or grave abuse of authority

d.       under 12 or demented, even though none of the above are present

 

Serious Physical Injuries

1.       Person wounds, beats, or assaults another

2.       In consequence of the physical injuries, the injured person

a.       Becomes insane, imbecile, impotent or blind;

b.       Loses the use of speech, power to hear or to smell, loses an eye

c.        Becomes incapacitated for the work in which he was habitually engaged

d.       Shall become deformed or shall have lost any part of the body

e.       Ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than 90 days

f.         Physical injuries cause the illness or incapacity for labor of the injured person for more than 30 days

 

 

 

PETITION FOR BAIL

 

-          same title and caption; except fill in branch # and crim case  #

 

COMES NOW, the defendant in the above-entitled case by his undersigned attorney and respectfully states:

1.       That the defendant is in custody for the alleged commission of a capital offense;

2.       That no bail has been recommended for his temporary release, on the assumption that the evidence of guilt is strong;

3.       That the burden of showing that the evidence of guilt is strong is on the prosecution, and unless this fact is satisfactorily shown, the defendant may be bailed at the court’s discretion.

 

WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant be admitted to bail in such amount as this Honorable Court may fix.

 

Makati City, March 22, 2003.

 

(Name,Signature&Address[not post office] of counsel)

                                                                                Attorney for Defendant

 

                                                                                               

COPY FURNISHED BY PERSONAL SERVICE/ REGISTERED MAIL (BUT put EXPLANATION as to why)

 

Name and designation of the asst/city prosecutor that prepared the information

 

 

NOTICE OF HEARING

 

To:          The Clerk of Court

                 Regional Trial Court Branch 14

                 Makati City

                 

Greetings!

 

The defendant thru undersigned counsel would like to request that a hearing regarding this PETITION FOR BAIL be scheduled on (day)  ____  __, ___ at (time) or on such time as determined by the honorable court

                                                                                (Name, signature & address of counsel for the defendant)

 

 

 

To:          Asst/City Prosecutor

                Makati City

 

Please take notice that on Friday, March 30, 2003,at 9:00 o’clock A.M, or as soon thereafter as counsel may be heard, the undersigned will ask the Regional Trial Court Branch 14 of Makati City to approve the foregoing _________

 

                                                                                (Name,signature & address of counsel for the defendant)

 

PROOF OF SERVICE

 

COPY RECEIVED this ….., 2003 at office address of the 2nd Asst. Prosecutor.

 

_____________________

    GALENGGALENG NGADMU

2nd Asst. City Prosecutor

Makati City

 

 

MOTION TO QUASH INFORMATION

(Caption and Title)

                PLAINTIFF, through counsel, moves to quash the information filed against the defendant on the following grounds:

                1. That the criminal liability of the defendant has been extinguished;

                2. That the defendant is in jeopardy of being convicted of the offense charged.

 

ARGUMENTS

 

(a)     Extinguishment – founded on amnesty, pardon, marriage, prescription

(b)     Jeopardy – name of the court in which he was in jeopardy, date and place

 

                WHEREFORE, it is respectfully prayed that the information be quashed and the defendant be discharged.

                (Place, Date, Signature)

 

                                                                                                                                (Attorney for defendant)

 

NOTICE OF HEARING

 

*****        MR – needs Grounds/Basis of the Motion; Copy Furnished by…; Notice of Hearing; Proof of Service

M for Postponement – Verification and Notice and Proof of Service

M for Extension of Time – Copy furnished by …; Notice of Hearing; Proof of Service