notes in legal forms

Notes in Legal Forms

SCOPE OF LEGAL FORMS

Pleading Preparations Drafting of DocumentsCertificationReview of DocumentsNotarization

Essentials in Drafting Legal Documents

► Title of the Document must be emphasized► Full names of parties, nationality, capacity, civil status and residence must be clearly

written. Avoid use of pronouns.► Clauses must be separated by numbers and paragraph► Verbosity should be avoided► Technical terms must be avoided. If used, it must be defined► Neat and free from any erasures.► Date and place of execution of instrument must be clearly written

In case of pleading in civil or criminal cases pertinent provisions of law must be considered and requisites and/or pre-requisites as the case may be must be complied

Public Document

► Any instrument notarized by a notary public or a competent public official with the solemnities required by law

► Binding to third persons

Notarization converts a private document into a public document thus making that document admissible in evidence without further proof of its authenticity.A notarial document is by law entitled to full faith and credit upon its face.Courts, administrative agencies and the public at large must be able to rely upon the acknowledgment executed by a notary public and appended to a private instrument. ( Rosalinda Bernardo vs. Atty. Mario Ramos A.C. No. 5645 July 2, 2002)

WHEN DOCUMENTS SHOULD BE MADE PUBLIC

Art. 1356. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present . However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. In such cases, the right of the parties stated in the following article cannot be exercised.

Art. 1357. If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may compel each other to observe that form, once the contract has been perfected. This right may be exercised simultaneously with the action upon the contract

Art. 1358. The following must appear in a public document:

(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein a governed by Articles 1403, No. 2, and 1405;

Art. 1403. The following contracts are unenforceable, unless they are ratified:(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents:

(a) An agreement that by its terms is not to be performed within a year from the making thereof;

(b) A special promise to answer for the debt, default, or miscarriage of another;

(c) An agreement made in consideration of marriage, other than a mutual promise to marry;

(d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in action or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum;

(e) An agreement of the leasing for a longer period than one year, or for the sale of real property or of an interest therein;

(f) A representation as to the credit of a third person.

FORM AND SIZE OF DOCUMENTS

The court motu proprio Resolved to further amend Sections 15 and 16, Rule 136 of the Rules of Court, as well as its Resolution of Sept. 17, 1974 as amended by Resolution dated February 23, 1984, as follows:

Effective immediately and until further actions of the Court, all pleadings, briefs, memoranda, motions and other papers to be filed before the Supreme Court and the Court of Appeals shall either be typewritten on good quality, unglazed paper, or mimeographed or printed on newsprint or mimeograph paper, 11 inches in length by 8-1/2 inches in width (commonly known as letter size) or 13 inches in length by 8-1/2 inches in width (commonly known as legal size).

There shall be a margin at the top and at the left-hand side of each page not less than 1-1/2 inches width. The contents shall be written double-spaced and only one side of the page shall be used.

In the Supreme Court, eighteen (18) legible copies of the petition shall initially be filed, and eighteen (18) copies of subsequent pleadings, briefs, memoranda, motions and other papers shall be filed in cases for consideration of the Court en banc and nine (9) copies in cases to be

heard before a division. One (1) copy thereof shall be served upon each of the adverse parties in either case.

In the Court of Appeals, seven (7) legible copies of pleadings, briefs, memoranda, motions and other papers shall be filed and one (1) copy thereof shall be served on each of the adverse parties.

SEC. 16. Printed papers. - All papers required by these rules to be printed shall be printed with black ink on unglazed paper, with pages six inches in width by nine inches in length, pamphlet form. The type used shall not be smaller than twelve point. The paper used shall be of sufficient weight to prevent the printing upon one side from being visible upon the other.

2004 Rules on Notarial Practice

SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following purposes:

(a) to promote, serve, and protect public interest;(b) to simplify, clarify, and modernize the rules governing notaries public; and(c) to foster ethical conduct among notaries public.

DEFINITIONS

• Acknowledgment. - "Acknowledgment" refers to an act in which an individual on a single occasion:

• (a) appears in person before the notary public and presents an integrally complete instrument or 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.

Affirmation or Oath

• The term "Affirmation" or "Oath" refers to an act in which an individual on a single occasion:

• (a) appears in person before the notary public;• (b) is personally known to the notary public or identified by the notary public through

competent evidence of identity as defined by these Rules; and• (c) avows under penalty of law to the whole truth of the contents of the instrument or

document.

Commission. - "Commission" refers to the grant of authority to perform notarial acts and to the written evidence of the authority.

Copy Certification. - "Copy Certification" refers to a notarial act in which a notary public:

(a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable;

(b) copies or supervises the copying of the instrument or document;(c) compares the instrument or document with the copy; and(d) determines that the copy is accurate and complete.

Notarial Register. - "Notarial Register" refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public.

Jurat. - "Jurat" refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrument or document;(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;(c) signs the instrument or document in the presence of the notary; and(d) takes an oath or affirmation before the notary public as to such instrument or document.

Notarial Act and Notarization. - "Notarial Act" and "Notarization" refer to any act that a notary public is empowered to perform under these Rules.

Notarial Certificate. - "Notarial Certificate" refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules.

Notary Public and Notary. - "Notary Public" and "Notary" refer to any person commissioned to perform official acts under these Rules.Principal. - "Principal" refers to a person appearing before the notary public whose act is the subject of notarization.

Regular Place of Work or Business. - The term "regular place of work or business" refers to a stationary office in the city or province wherein the notary public renders legal and notarial services.

COMMISSIONING OF NOTARY PUBLIC

Qualifications. - A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules.To be eligible for commissioning as notary public, the petitioner:(1) must be a citizen of the Philippines;(2) must be over twenty-one (21) years of age;3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued;(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and(5) must not have been convicted in the first instance of any crime involving moral turpitude.

Official Seal of Notary Public. - Every person commissioned as notary public shall have only one official seal of office.

Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is

made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

Powers. - (a) A notary public is empowered to perform the following notarial acts:

(1) acknowledgments;(2) oaths and affirmations;(3) jurats;(4) signature witnessings;(5) copy certifications; and(6) any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:

(1) 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;(2) both witnesses sign their own names in addition to the thumb or other mark;(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; and(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:

(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;

(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document;

(3) both witnesses sign their own names ;(4) the notary public writes below his signature: "Signature affixed by notary in presence of (names and addresses of person and two \2] witnesses)"; and(5) the notary public notarizes his signature by acknowledgment or jurat.

. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:

(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.

Disqualifications. - A notary public is disqualified from performing a notarial act if he:

(a) is a party to the instrument or document that is to be notarized;(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree.

Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:

(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;

(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; and

(c) in the notary's judgment, the signatory is not acting of his or her own free will.

False or Incomplete Certificate. - A notary public shall not:

(a) execute a certificate containing information known or believed by the notary to be false.(b) affix an official signature or seal on a notarial certificate that is incomplete.

Improper Instruments or Documents. - A notary public shall not notarize:(a) a blank or incomplete instrument or document; or(b) an instrument or document without appropriate notarial certification.

NOTARIAL REGISTER

Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages.

REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

(1) fails to keep a notarial register;(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following;(4) fails to affix to acknowledgments the date of expiration of his commission;(5) fails to submit his notarial register, when filled, to the Executive Judge;(6) 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;(7) fails to require the presence of a principal at the time of the notarial act;(8) fails to identify a principal on the basis of personal knowledge or competent evidence;(9) executes a false or incomplete certificate under Section 5, Rule IV;(10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and

(11) 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.

Punishable Acts. - The Executive Judge shall cause the prosecution of any person who:(a) knowingly acts or otherwise impersonates a notary public;(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and(c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.

ACKNOWLEDGMENT

Acknowledgment is that formal declaration before an authorized official, by the person who executed the instrument, that it is his free act and deed.

It consists in a certificate by an officer generally attested by an official seal, stating in the substance that the person named therein was known to and before him and acknowledged the instrument to be his act and deed.

INSTRUMENTS TO BE ACKNOWLEDGED

• Deeds• Conveyances• Mortgages• Lease• Release and Discharge Affecting Lands whether registered under Act 496 or

underegistered

Acknowledgment is a personal act – An instrument can not be acknowledged by a person other than the one who executed it.

Acknowledgment of instrument of two or more pages and/or covering two or more parcels of land

- Two or more pages includes the page where the acknowledgment is written- Each page must be signed on the left margin by the person/s executing the

instrument and their witnesses- Seal must appear- Such fact must appear on the acknowledgment

ACKNOWLEDGMENT VS. JURAT

ACKNOWLEDGMENT JURATAct of one who has executed a deed, in going before some competent officer or court and declaring it to be his act or deed

Part of an affidavit where the officer certifies that the same was sworn before him

Two-fold purpose: 1.) to authorize the deed to be given in evidence without further proof of its execution; and 2.) to entitle it to be recorded

Gives the document a legal character

AFFIDAVIT/ SWORN STATEMENT

AFFIDAVIT - is an ex-parte statement in writing and sworn to or affirmed before some person legally authorized to administer oath or affirmation.

PARTS OF AN AFFIDAVIT

1. Venue2. Body3. Signature of the Affiant4. Jurat

VENUE - is the designation of the place where the affidavit was takendetermines the jurisdiction of the administering officer

BODY - Refers to the facts or matters alleged to true and under oath- actual knowledge of facts- allegations must be full, certain and exact

SIGNATURE OF AFFIANT - customary signature

JURAT - is that part of the affidavit in which the officer certifies that the instrument was sworn to before him. It is not a part of the affidavit.

SUBSCRIBED AND SWORN to before me this ______ day of ______, 2007 at the City of ___________, Philippines. Affiant exhibiting to me his/herPassport No. ___________________ issued on ______________ at _____________________.

SCILICET - “SS” to particularize that which has been stated before in generalVIDELICET - “to wit”, to particularize that which is merely general in the preceding statement.

KNOWLEDGE OF AFFIANT - key qualification of an affiant and must be stated clearly in the affidavit

“I hereby attest to the truth and veracity of the foregoing facts and circumstances. And I execute this affidavit for whatever legal purpose this may best serve”

POWER OF ATTORNEY

AGENCY Defined• Art. 1868. By the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter.

EFFECT OF A SPECIAL POWER OF ATTORNEY• Art. 1873. If a person specially informs another or states by public advertisement that he has given a power of attorney to a third person, the latter thereby becomes a duly authorized agent, in the former case with respect to the person who received the special information, and in the latter case with regard to any person.

• The power shall continue to be in full force until the notice is rescinded in the same manner in which it was given. (n)

FORMS AND KINDS OF AGENCY• Art. 1876. An agency is either general or special. • The former comprises all the business of the principal. The latter, one or more specific transactions. (1712)

GENERAL POWER OF ATTORNEY• Art. 1877. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management

SPECIAL POWER OF ATTORNEY • Art. 1874. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void.

WHEN SPECIAL POWER OF ATTORNEY IS NECESSARY• Art. 1878. Special powers of attorney are necessary in the following cases: • (1) To make such payments as are not usually considered as acts of administration; • (2) To effect novations which put an end to obligations already in existence at the time the agency was constituted; (CONT.)• (3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired; • (4) To waive any obligation gratuitously; • (5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration; (CONT.)• (6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent; • (7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration; • (8) To lease any real property to another person for more than one year; • (9) To bind the principal to render some service without compensation; (cont.)• (10) To bind the principal in a contract of partnership; • (11) To obligate the principal as a guarantor or surety; • (12) To create or convey real rights over immovable property; • (13) To accept or repudiate an inheritance; • (14) To ratify or recognize obligations contracted before the agency; • (15) Any other act of strict dominion. (n)

EFFECTS OF A POWER OF ATTORNEY• Art. 1879. A special power to sell excludes the power to mortgage; and a special power to mortgage does not include the power to sell. (n) • Art. 1880. A special power to compromise does not authorize submission to arbitration. (1713a) • Art. 1881. The agent must act within the scope of his authority. He may do such acts as may be conducive to the accomplishment of the purpose of the agency. (1714a)

(cont.)• Art. 1882. The limits of the agent's authority shall not be considered exceeded should it have been performed in a manner more advantageous to the principal than that specified by him. (1715) • Art. 1883. If an agent acts in his own name, the principal has no right of action against the persons with whom the agent has contracted; neither have such persons against the principal.

EXTINGUISHMENT OF THE AGENCY• Art. 1919. Agency is extinguished: • (1) By its revocation; • (2) By the withdrawal of the agent; • (3) By the death, civil interdiction, insanity or insolvency of the principal or of the agent; • (4) By the dissolution of the firm or corporation which entrusted or accepted the agency; • (5) By the accomplishment of the object or purpose of the agency; • (6) By the expiration of the period for which the agency was constituted. (1732a)PARTS OF A POWER OF ATTORNEY• 1. Declaration to the public or advertisement• 2. Name, personal circumstance of principal• 3. Installation/institution/appointing the agent• 4. Enumeration of specific powers granted• 5. Declaration of the giving and granting of the agent to do such acts and the acknowledgment of the legality of said acts of the agent to be that of the principal and ratification of the agent’s acts• 6. ACKNOWLEDGMENT(cont.)• i.e.” HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever requisite or necessary or proper to be done in or about the premises, as fully to all intents and purposes as I might or could lawfully do if personally present, and hereby ratifying all that my said attorney shall do or cause to be done under and by virtue of these presents.”

DEEDS

A deed is a legal instrument used to grant or transfer a right The deed is best known as the method of transferring title to real estate from one person to another, often using a description of its "metes and bounds."

5 ITEMS TO INCLUDE WHEN MAKING A DEED1. It must indicate that the instrument itself conveys some privilege or thing to someone. This is indicated by using the word hereby or the phrase by these presents in the sentence indicating the gift.

2. The grantor must have the legal ability to grant the thing or privilege.

3. The person receiving the privilege or thing must have the legal capacity to receive it.

http://en.wikipedia.org/wiki/Metes_and_bounds

http://en.wikipedia.org/wiki/Real_estate

http://en.wikipedia.org/wiki/Title_(property)

http://en.wikipedia.org/wiki/Right

http://en.wikipedia.org/wiki/Legal_instrument

4. Must have the signature of the grantor. However, for conveyances of real estate, the deed must be acknowledged before a notary public or a civil law notary and some may require a witness or witnesses in addition. 5. It must be delivered to and accepted by the recipient.

CONTRACTSA contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (Art. 1305 NCC)

Art. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.

Art. 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (1256a) Art. 1309. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties.

Art. 1317. No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him.

A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is revoked by the other contracting party.

UNILATERAL DEED/CONTRACT BILATERAL DEED/CONTRACTVendee/Buyer assumes no obligation Vendee/Buyer obliged to do somethingNo need for the vendee or the other party to sign the deed/contract nor the acknowledgment

Vendee or the other party must sign both the deed and the acknowledgment

LEASE

Art. 1642. The contract of lease may be of things, or of work and service. (1542) Art. 1643. In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a thing for a price certain, and for a period which may be definite or indefinite. However, no lease for more than ninety-nine years shall be valid.

art. 1647. If a lease is to be recorded in the Registry of Property, the following persons cannot constitute the same without proper authority: the husband with respect to the wife's paraphernal real estate, the father or guardian as to the property of the minor or ward, and the manager without special power.

Art. 1648. Every lease of real estate may be recorded in the Registry of Property. Unless a lease is recorded, it shall not be binding upon third persons. (1549a) Art. 1649. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary.

Art. 1650. When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor.

http://en.wikipedia.org/wiki/Civil_law_notary

http://en.wikipedia.org/wiki/Civil_law_notary

http://en.wikipedia.org/wiki/Notary_public

OTHER STIPULATIONS IN A CONTRACT OF LEASE- Obligations of the Lessor-Obligations of the Lessee-Amount of Rent plus Deposit and Advance Rentals-Term of Lease-Mode of Payment and penalties in case of delay

SAMPLE FORMS

1. SIMPLE ACKNOWLDGMENT

A C K N O W L E D G M E N T

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

BEFORE ME, Notary Public this _______ day of _______________, 2007 in and for the City aforesaid, personally appeared _______________ with SSS ID No. ___________ issued on ____________ at _____________, Philippines, known to me and to me known to be the same person who signed and executed the foregoing instrument and acknowledged to me that the same is his own free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.

Doc. No. _________;Page No. _________; NOTARY PUBLICBook No. _________;Series of 2007.



At the City of __________, Philippines this _____ day of _____, 2007 personally appeared _____________, known to me to be the same person who signed and executed the foregoing instrument and acknowledged to me that the same is his own free and voluntary act and deed. The party exhibiting to me his Passport No. ____________ issued on ____________ at _______________.


2. ACKNOWLEDGMENT OF A DOCUMENT CONSISTING OF TWO (2) OR MORE PAGES/ TWO OR MORE PERSONS



BEFORE ME, Notary Public this _______ day of _______________, 2007 in and for the City aforesaid, personally appeared _______________ with SSS No. ___________ issued on ____________ at _____________, Philippines, known to me and to me known to be the same person who signed and executed the foregoing instrument and acknowledged to me that the same is his own free and voluntary act and deed.

This document consisting of two (2) pages including this page where the acknowledgment is written pertains to a ________________ and for which the party has affixed his signature on the left margin of each and every page.





BEFORE ME, Notary Public this _______ day of _______________, 2007 in and for the City aforesaid, personally appeared the following persons, to wit:

1.____________ with Postal ID No. ___________ issued on _____at ______________2. .____________ with Voter’s ID No. ___________ issued on _____at _____________

known to me and to me known to be the same person who signed and executed the foregoing instrument and acknowledged to me that the same is their own free and voluntary act and deed.





BEFORE ME, Notary Public this _______ day of _______________, 2007 in and for the City aforesaid, personally appeared the following persons, to wit:

1.____________ with SSS No. ___________ issued on _____at ______________2. .____________ with Passport No. ___________ issued on _____at _____________

known to me and to me known to be the same person who signed and executed the foregoing instrument and acknowledged to me that the same is their own free and voluntary act and deed.

This document consisting of two (2) pages including this page where the acknowledgment is written pertains to a ________________ and for which the parties have affixed their signature on the left margin of each and every page.



3. AFFIDAVIT

REPUBLIC OF THE PHILIPPINES]CITY OF CEBU ] S.S.

AFFIDAVIT OF _______

I, _______________, Filipino, of legal age, a resident of Cebu City, Philippines, after having been duly sworn to in accordance with law, do hereby depose and say that:

1. XXXXX;

2. XXXXX;

3. XXXXX.

4. I am executing this affidavit for the purpose of establishing the veracity of the foregoing facts and for whatever other legal purpose this may best serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _______at the City of Cebu.

___________________Affiant

SUBSCRIBED AND SWORN TO before me this ______ day of _______, 2007 at the City of Cebu. Affiant exhibiting to me his Driver’s License No. _______issued on__________, 2007 at Cebu City.

NOTARY PUBLIC

Doc. No. _______;Page No. _______;Book No. _______;Series of 2007.

4. SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, ________________, of legal age, Filipino, married, resident of ________, do hereby name, constitute and appoint ________________________, to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following acts and things to wit:

1. To represent me before Professional Regulations Commission (PRC) and to claim for and in my behalf my license as a registered nurse;

2. To sign any and all documents necessary;

3. To do any and all acts necessary so as to give full effect to the foregoing authorities stated.

HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority requisite, necessary or proper to be done in and about the premises as fully to all intents and purposes as I might or could lawfully do if personally present, and hereby ratifying and confirming all that my said attorney-in-fact or her substitute shall lawfully do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of December, 2011.

________________________Principal

SIGNED IN THE PRESENCE OF:________________________ ________________________



BEFORE ME, a Notary Public this _______ of December, 2011 at the City of Cebu, personally appeared ___________ with her Passport No. ____________ issued on ________________ at _________; known to me the same person who executed the foregoing Special Power of Attorney for which she acknowledge to be her personal voluntary act and deed.

WITNESS MY HAND AND SEAL on the and place first above written.

Doc No. ________; NOTARY PUBLICPage No. _______;Book No. _______;Series of 2011.

SPECIAL POWER OF ATTORNEY


I, ________________, of legal age, Filipino, married, resident of ________, do hereby name, constitute and appoint ________________________, to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following acts and things to wit:

1. To represent me before Register of Deeds of Cebu City and to process the release of the Transfer Certificate of Title over the property I have purchased from Spouses _____________ involving a parcel of land, Lot No. ________ situated at ________ with Transfer Certificate of Title Number 1234;

2. To sign any and all documents necessary for the processing and the release of the said Transfer Certificate of Title under my name as the duly registered owner;

3. To turn over the said Transfer Certificate of Title duly registered in my name to myself within thirty days from release of the said title;

4. To do any and all acts necessary so as to give full effect to the foregoing authorities stated.

HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority requisite, necessary or proper to be done in and about the premises as fully to all intents and purposes as I might or could lawfully do if personally present, and hereby ratifying and confirming all that my said attorney-in-fact or her substitute shall lawfully do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of December, 2011.

________________________Principal

SIGNED IN THE PRESENCE OF:________________________ ________________________



BEFORE ME, a Notary Public this _______ of December, 2011 at the City of Cebu, personally appeared ___________ with her Passport No. ____________ issued on ________________ at _________; known to me the same person who executed the foregoing Special Power of Attorney for which she acknowledge to be her personal voluntary act and deed.

This document consisting of two pages including this page in which the acknowledgment is written has been signed by the instrumental witnesses and the principal on each and every page

WITNESS MY HAND AND SEAL on the and place first above written.

Doc No. ________; NOTARY PUBLICPage No. _______;Book No. _______;Series of 2011.5. CORPORATE DOCUMENTS

BOARD RESOLUTION

WHEREAS,________________. is a corporation duly existing for and by virtue of the laws of the Republic of the Philippines with principal office at__________;

WHEREAS, XXXX

NOW THEREFORE, for and in consideration of the foregoing it is hereby agreed as follows:

RESOLVED as it is hereby resolved that XXXXXRESOLVED FURTHER that XXXXX

IN WITNESS WHEREOF, the parties have hereunto set their hands this ______ day of May, 2006 at Cebu City, Philippines

DIRECTOR DIRECTOR

SECRETARY’S CERTIFICATE

I, ___________, Filipino, of legal age, a resident of ______City, after having been duly sworn to in accordance with law, do hereby depose and say that:

1. I am the Corporate Secretary of _____2. On ________a Special Board of Directors Meeting was held at __________;

3. The following Board Resolution was passed:

“RESOLVED XXXXRESOLVED FURTHER that XXX”

4. The said Board Resolution has not been revoked or invalidated by a subsequent resolution.

FURHTER AFFIANT SAYETH NAUGHT.

________City, Philippines. ______

____________________ Corporate Secretary

SUBSCRIBED AND SWORN to before me this _______ day of July, 2006 at Cebu City, Philippines. Affiant exhibiting to me his Driver’s License No. ___________________ issued on ____________ at ___________________.

NOTARY PUBLIC

Doc No. ________;Page No. _______;Book No. _______;Series of 2006.

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

TREASURER’S AFFIDAVIT I, __________________________, of legal age, single and a resident of Cebu City, after being duly sworn, depose and say: 1. That I have been elected by the subscribers of the corporation as Treasurer thereof to act as such until my successor has been duly elected and qualified in accordance with the by – laws of the corporation, and that as such Treasurer, I hereby certify under oath that at least 25% of the authorized capital stock of the corporation has been subscribed and at least 25% of the subscription has been paid, and received by me in cash for the benefit and credit of the corporation.

2. This is also to authorize the Securities and Exchange Commission and Bangko Sentral Ng Pilipinas to examine and verify the deposit in the NAME OF THE BANK , ___________ branch, in my

name as treasurer in trust for the NAME OF THE COMPANY. in the amount of _________________ PESOS ONLY (P___000.00) representing the paid-up capital of the said corporation which is in the process of incorporation.

3. This authority is valid and inspection of said deposit may be made even after the issuance of the Certificate of Incorporation to the corporation. Should the deposit be transferred to another bank prior to or after incorporation, this will also serve as authority to verify and examine the same. The representative of the Securities and Exchange Commission is also authorized to examine the pertinent books and records of accounts of the corporation as well as all supporting papers to determine the utilization and disbursement of the said paid up capital.

4. In case the said paid-up capital is not deposited or withdrawn prior to the approval of the articles of incorporation, I, in behalf of the above named corporation, waive our right to a notice and hearing in the revocation of our Certificate of Incorporation. IN WITNESS WHEREOF, I hereunto affix my signature this __________ 2012, in Cebu City, Philippines.

______________________ Affiant

Passport No. ___________ Issued on ____________Issued at ____________Expires on ____________

SUBSCRIBED AND SWORN TO before me, this _______ day of ____________, 2012. Affiant presenting to me her competent evidence of identity as stated above. Doc. No.: ______Page No.: ______ Notary PublicBook No.: ______Series of 2012.

BOARD RESOLUTION No. ____Special Board of Directors Meeting

January 20, 2012

WHEREAS, ___________________ Corporation is engaged in export business.

WHEREAS, the forex rate is fluctuating and the losses can be avoided if a dollar is opened .

WHEREAS, the company has enough funds to open a dollar account.

WHEREAS, CitiBank is the most reliable banking institution in the country.

NOW THEREFORE, for and in consideration of the foregoing, it is hereby duly approved and seconded, that:

“RESOLVE AS IT IS HEREBY RESOLVED, that the company open a dollar account with CitiBank”

“RESOLVE FURTHER, that Mr. _________________, the manager and Ms. _______________ the Finance head of the company are hereby authorized to open the said bank account with CitiBank.

“RESOLVE FINALLY, that the two signatures of the above authorized persons shall be necessary to effect the transactions of the corporation”

SPECIMEN SIGNATURE1. Mr. ______________________ - ______________________2. Ms. ______________________ - ______________________

Cebu City, Philippines. January 20, 2012

PRESENT AND APPROVED BY:

Director - _________________

Director - _________________

Director - _________________

Director - _________________

SUBSCRIBED AND SWORN to before me this ____ day of_______, 200_ at the City of Cebu, affiant exhibiting to me their competent evidence of identity and the date and place issue as stated above.

NOTARY PUBLIC

Doc No.______;Book No._____;Page No._____;Series of 200__.

REPULIC OF THE PHILIPPINES]CITY OF CEBU ] S.S.

SECRETARY’S CERTIFICATE

I, M A V, Filipino, of legal age, married/single, a resident of Cebu City, Philippines, after having been duly sworn to in accordance with law, do hereby depose and say that:

1. I am the Corporate Secretary of ___________ CORP., a corporation duly existing for and by virtue of the laws the Republic of the Philippines with principal office at_____________., Cebu City

2. That on January 20, 2012 during a Special Board of Directors Meeting were a quorum was reached, the following resolution was passed and approved, to wit:

“RESOLVE AS IT IS HEREBY RESOLVED, that the company open a dollar account with CitiBank”

“RESOLVE FURTHER, that Mr. _________________, the manager and Ms. _______________ the Finance head of the company are hereby authorized to open the said bank account with CitiBank.

“RESOLVE FINALLY, that the two signatures of the above authorized persons shall be necessary to effect the transactions of the corporation”

SPECIMEN SIGNATURE1. Mr. ______________________ - ______________________2. Ms. ______________________ - ______________________

3. That the said resolution has not be revoked or amended to date.

FURTHER AFFIANT SAYETH NAUGHT.

Cebu City, Philippines. January 31, 2012.

MAV Corporate Secretary

SUBSCRIBED AND SWORN to before me this ____ day of_______, 2012 at the City of Cebu, affiant exhibiting to me her SSS ID No. ___________ issued on _______________ at ________________.

NOTARY PUBLIC

Doc No.______;Book No._____;Page No._____;Series of 2012.5. DEED OF CONDITIONAL SALE

DEED OF CONDITIONAL SALE


This Deed of Conditional Sale executed by and between:

______________________, of legal age, Filipino, married to_________________, of legal age, _____________________________ City, hereinafter referred to as the “VENDOR”

-AND-

_____________________, of legal age, Filipino, married and a resident of _____________________ City, Philippines, hereinafter referred to as the "VENDEE";

WITNESSETH; That -

WHEREAS, the VENDOR is the lawful and registered owner of a certain parcel of land registered as Transfer Certificate of Title No. ___________ containing an area of ____________ square meters more or less and more particularly described as follows:

“____________________________.”

WHEREAS, the VENDOR desires to sell the above described property to the VENDEE and the latter is willing to purchase the same from the VENDOR;

NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants hereinafter stipulated, the parties hereby agree as follows:

A. Purchase Price AND terms of payment -

B. Transfer of Ownership - To secure the payment of the balance of the purchase price and other obligations of the VENDEE under this Agreement, title or ownership over the subject property is expressly reserved by the VENDOR and shall be transferred to the VENDEE only upon full payment of the purchase price;

E. Absolute Deed of Sale - Upon full payment of the balance of the purchase price, the VENDOR shall immediately execute, sign and deliver all necessary documents and/or absolute deed of sale, to the VENDEE to allow the latter to transfer title over the property their name;

F. Pretermination – In case of pre-termination of this Deed of Conditional Sale, VENDOR obliges to reimburse the VENDEE of the total amount paid subject to mutual terms and agreement by both parties;

IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their signatures this _____________ at _____________, Philippines.

_______________________ ______________________ VENDOR VENDOR/ spouse consent

______________________ VENDEE

SIGNED IN THE PRESENCE OF:

__________________ __________________

REPUBLIC OF THE PHILIPPINES]CITY OF CEBU } S.S.


6. DEED OF SALEDEED OF ABSOLUTE SALE


I, ___________________, of legal age, Filipino, a resident of ___________________ City, Philippines, for and in consideration of the sum of _________________ (_________.00), Philippine Currency, to me in hand paid by __________________, of legal age, Filipino, married to _____________, a resident of ___________________ City, Philippines, receipt of which in full is hereby acknowledged, do by these presents SELL, CEDE, TRANSFER, ASSIGN and CONVEY unto the said __________________, her assigns and/or successors-in-interest, one (1) unit motor vehicle, more particularly described as follows:

TYPE :MAKE :SERIAL NUMBERCHASIS NUMBER :PLATE NUMBER :COLOR :

of which I am the absolute and registered owner as evidenced by a certificate of registration with the Land Transportation Office and hereby warrant the same is free from any lien and encumbrance.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature this ______ day of ____________,2007 at ________ City, Philippines.

________________________

SIGNED IN THE PRESENCE OF:_________________________ _______________________

ACKNOWLEDGMENT

7. CONTRACT OF LEASE

CONTRACT OF LEASE

This Contract of Lease is entered into by and between:

__________________hereinafter referred to as the LESSOR

-AND-

_______________hereinafter referred to as the LESSEE

WITNESSETH

WHEREAS, LESSOR is the owner of ______________WHEREAS, LESSOR agrees to lease the ______________ WHEREAS, LESSEE agrees to lease the said property of the LESSOR subject to the following

conditions as may be set forth in this contract;

NOW THEREFORE, for and in consideration of the foregoing, the parties hereby agree as follows:

1. TERMS2. DEPOSIT3. PRETERMINATION AND TERMINATION4. CONDITIONS FOR USE/SUBLEASE/5. OTHER MUTUALLY AGREED PROVISIONS

IN WITNESS WHEREOF, the parties have hereunto set their hands this ________ day of __________________, 2006 at the City of Cebu, Philippines.

Lessor Lessor

LesseeSigned in the presence of:

_________________________ _________________________

ACKNOWLEDGMENT

REAL ESTATE MORTGAGE is one which is agreed upon between the parties, or created in accordance with the will of the owner of the property upon which the same is constituted.

It may be created only by a person who has the free disposition of the property, or is authorized to do in accordance with law.

REQUISITES OF A VALID MORTGAGE

a.) constituted to secure the fulfillment of principal obligationb.) subject matter should be immovable property, or real rightc.) property is owned by the mortgagord.) mortgagor has a free disposition of the propertye.) the thing may be sold when the principal obligation becomes due

FORM AND CONTENT

a) must be in writing and should contain the following:- name, status, age and residence of the mortgagor, and if married, name

of spouse and the name of the mortgagee- statement that the mortgagor is the owner of the property mortgaged,

that he can freely dispose of the same, and the property in un-emcumbered.

- definite description of the property- if the property is registered under the Torrens System, the number of the

certificate of title should be mentioned

(SAMPLE FORM REAL ESTATE MORTGAGE)

CHATTEL MORTGAGE

- A conditional sale of personal property as security for the payment of a debt, or the performance of some other obligation specified therein, the condition being that the sale shall be void upon the seller paying to the purchaser a sum of money or doing some act as named.

- ALWAYS ATTACH AN AFFIDAVIT OF GOOD FAITH

SAMPLE FORM:

CHATTEL MORTGAGE


I , (Name of Mortgagor ) of legal age, single/married to____________________ with postal address at _____________________________hereinafter known as the MORTGAGOR, and _________________________________ of legal age, single/married to ______________________ with postal address at _______________________________ hereinafter known as the MORTGAGEE, witnesseth:

That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of (Amount in Words) (000,000.00), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR upon the signing of this instrument, payable within a period of _____ years, with interest thereon at the rate of (___) % per annum;

That for, and consideration of , this indebtedness, and to assure the performance of said obligation to pay, the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the MORTGAGEE, his heirs and assigns, the following personalty now in the possession of said MORTGAGOR

MAKE : MOTOR NO. : SERIES : SERIAL/CHASSIS NO. :TYPE OF BODY : PLATE NO. : YEAR MODEL : FILE NO. :

That the condition of this obligation is that should the MORTGAGOR perform the obligation to pay the hereinabove cited indebtedness of (Amount in Words) (000,000.00) together with accrued interest thereon, this chattel mortgage shall at once become null and void and of no effect whatsoever, otherwise, it shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____day of ______ 2008______ at ____ Philippines.

_______________________________ _______________________________MORTGAGOR MORTGAGEE

IN THE PRESENCE OF:

_______________________________ _______________________________

ACKNOWLEDGEMENT

Republic of the Philippines) ________________________ ) S.S

BEFORE ME, personally appeared:

Name Passport Number Date/Place Issued

(Name of Mortgagor) 10000000 Jan 01, 08 / Quezon City (Name of Mortgagee) 10000000 Jan 11, 08 / Las Pinas City

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary PublicDoc. No.______;Page No. ______;Book No.______;Series of 2008.

Note: Chattel mortgages requires an Affidavit of Good Faith

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR AND MORTGAGEE hereby jointly and severally swear that we executed the foregoing Chattel Mortgage in order to secure the indebtedness therein and for no other purpose or purposes contrary to law.

____________________________ _____________________________MORTGAGOR MORTGAGEE

CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________, of legal age, after having been duly sworn in accordance with law, depose and state that:1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

___________________________ Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 2000 at _________________ affiant exhibiting to me his Passport No.____________________ issued on ________________ 2000 at Manila.

Doc. No. ; Page No. ; Book No. ; Series of 2000.

VERIFICATION

I, _______________________, of legal age, after having been duly sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my own personal knowledge and/or on the basis of copies of authentic documents and records in my possession;

___________________________ Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 2000 at _________________ affiant exhibiting to me his Passport No.____________________ issued on ________________ 2000 at Manila.

Doc. No. ; Page No. ; Book No. ; Series of 2000.

PLEADINGS

Rule 6

PLEADINGS IN GENERAL

Section 1. Pleadings defined.— Pleadings are the written allegations of the parties of their respective claims and defenses submitted to the court for trial and judgment.

Sec. 2. Pleadings allowed.— The pleadings allowed by these rules are the complaint, the answer, the counterclaim, the cross-claim, the reply, the third-party complaint, he fourth-party complaint, and other similar complaints.

Sec. 3. Complaint.— The complaint is a concise statement of the ultimate facts constituting the plaintiff's cause or causes of action. It shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable. The names and residences of the parties plaintiff and defendant must be stated in the complaint.

Sec. 4. Answer.— An answer is a pleading in which a defendant or other adverse party sets forth the negative and affirmative defenses upon which he relies.

Sec. 5. Defenses.— (a) Negative defense is the specific denial of the material fact or facts alleged in the complaint essential to the plaintiff's cause or causes of action.

(b) An affirmative defense is an allegation of new matter which, while admitting the material allegations of the complaint, expressly or impliedly, would nevertheless prevent or bar recovery by the plaintiff. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and all other matter by way of confession and avoidance.

Sec. 6. Counterclaim.— A counterclaim is any claim for money or other relief which a defending party may have against an opposing party. A counterclaim need not diminish or defeat the recovery sought by the opposing party, but may claim relief exceeding in amount or different in kind from that sought by the opposing party's claim.

Sec. 7. Cross-claim. — A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

Sec. 8. Counterclaim or cross-claim in the answer. — The answer may contain any counterclaim or cross-claim which a party may have at the time against the opposing party or a co-defendant, provided that the court has jurisdiction to entertain the claim and can, if the presence of third parties is essential for its adjudication, acquire jurisdiction of such parties.

Sec. 9. Counter claim or cross-claim arising after answer.— A counterclaim or a cross-claim which either matured or was acquired by a party after serving his pleading may, with the permission of the court, be presented as a counterclaim or a cross-claim by supplemental pleading before judgment.

Sec. 10. Answer to counterclaim or cross-claim required.— A counterclaim or cross-claim

must be answered, and failure to do so will constitute a default under Rule 18. The party filing such answer may plead therein a counterclaim or cross-claim.

Sec. 11. Reply.— A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply, all the new matters alleged in the answer are deemed controverted.

If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint.

Sec. 12. Third-party complaint.— A third-party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third-party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim.

Sec. 13. Fourth, etc., parties.— A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to him or to the third-party plaintiff for all or part of the claim made in the action against the third-party defendant.

Sec. 14. Bringing new parties.— When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants, if jurisdiction over them can be obtained.

Sec. 15. Liberal construction.— All pleadings shall be liberally construed so as to do substantial justice.

Rule 7

FORMAL REQUIREMENTS OF PLEADINGS

Section 1. Caption.— Each pleading shall contain a caption setting forth the name of the court, the title of the action, the file number if assigned and a designation of the pleading.

Sec. 2. Title.— In the complaint the title of the action shall include the names of all the parties; but in other pleadings it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties.

Sec. 3. Paragraphs.— Every pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by a number in all succeeding pleadings.

Sec. 4. Headings.— When two or more causes of action are joined, the statement of the first shall be prefaced by the words "first cause of action," of the second by "second cause of action," and so on for the others.

When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint they shall be prefaced by the words "answer to the first cause of action" or "answer to the second cause of action" and so on; and when one or more paragraphs of the answer are addressed to several causes of action they shall be prefaced by words to that effect.

Sec. 5. Signature and address.— Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading and state his address.

Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken out as sham and false and the action may proceed as though the pleading had not been served. For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.

Sec. 6. Verification.—A pleading is verified only by an affidavit stating that the person verifying has read the pleading and that the allegations thereof are true of his own knowledge.

Verifications based on "information and belief," or upon "knowledge, information and belief" shall be deemed insufficient.

Rule 8

ALLEGATIONS IN PLEADINGS

Section 1. In general. —Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading- relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts.

Sec. 2. Alternative causes of action or defenses. — A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient of the insufficiency of one or more of the alternative statements.

Sec. 3. Conditions precedent.— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.

Sec. 4. Capacity.— Facts showing the capacity of a Party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, must be averred. A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

Sec. 5. Fraud, mistake, condition of the mind.— In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge or other condition of mind of a person may be averred generally.

Sec. 6. Judgment.— In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

Sec. 7. Action or defense based on document.— Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading.

Sec. 8. How to contest genuineness of such documents.— When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due execution of the instrument shall be

deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts; but this provision does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused.

Sec. 9. Official document or act.— In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.

Sec. 10. Specific denial.— The defendant must specify each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters which he will rely upon to support his denial. Where a pleader desires to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall; deny only the remainder. Where the defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial.

SAMPLE CAPTION

SUPREME COURT CASE

REPUBLIC OF THE PHILIPPINESSUPREME COURT

Manil

_____ DIVISION

XPlaintiff

GR. NO. _________For:

Versus

YRespondent

x------------------------------------/

COURT OF APPEALS

COURT OF APPEALS CASE

REPUBLIC OF THE PHILIPPINESCOURT OF APPEALS

Manila/Cebu/Cagayan de Oro

_____ DIVISION

XPlaintiff

GR. NO. _________For:

Versus

YRespondent

x------------------------------------/

REGIONAL TRIAL COURT

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

7th Judicial RegionBranch ____

Cebu City

XPlaintiff

GR. NO. _________For:

Versus

YRespondent

x------------------------------------/

MUNICIPAL TRIAL COURT

REPUBLIC OF THE PHILIPPINESMUNICIPAL CIRCUIT TRIAL COURT/MUNICIPAL TRIAL COURT IN CITIES

7th Judicial RegionBranch ____

Cebu City

XPlaintiff

GR. NO. _________For:

Versus

YRespondent

x------------------------------------/