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2005 LEGAL FORMS BAR QUESTIONS

- XIII -

Gerry Cruz is the owner of a 1,000-square meter lot covered by Transfer Certificate of Title No.
12345 located in Sampaloc, Metro Manila. Gerry decided to sell the property but did not have
the time to look for a buyer. He then designated his brother, Jon, to look for a buyer and
negotiate the sale. Jon met Angelo Santos who expressed his interest to buy the lot. Angelo
agreed to pay P1 Million for the property on September 26, 2005.

a) Draft the Special Power of Attorney to be executed by Gerry Cruz, as principal, in favor of his
brother Jon, as agent, authorizing the latter to sell the property in favor of Angelo Santos. (7%)

Answer:

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA) S.S.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, Gerry Cruz, of legal age, single, resident of Sampaloc, Metro Manila, do hereby name,
constitute and appoint Jon Cruz, of legal age, single resident of Sampaloc, Metro Manila, to be
my true and lawful attorney-in-fact, for me and in my name, place and stead to do following act,
to wit:

Within the period of twelve months (or years), to SELL, TRANSFER and CONVEY, for
the price not less than One Million PESOS (P1,000,000), Philippine Currency, to Angelo Santos
the parcel of land, with (or without) improvements, located in Sampaloc, Metro Manila, and more
particularly described, to wit:

A parcel of land situated in Sampaloc, Metro Manila containing an area of ONE THOUSAND
SQUARE METERS (1000), more or less of which I am the registered owner in fee simple, my
title thereto being evidenced by Transfer/Original Certificate of Title No. 12345, issued by the
Register of Deeds of Manila, free from all liens and encumbrances; and,

HEREBY GIVING AND GRANTING unto my said attorney-in-fact 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 to all intents and purposes as I might or could lawfully do if
personally present, with full power of substitution or 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, I have set my hand this 26th day of September, 2005, in
Manila, Philippines.

(sgd.) Gerry Cruz


Principal
Conforme:

(sgd.) Jon Cruz


Attorney-in-Fact

Signed in the presence of:

(sgd.) Tess Tigo (sgd.) Irma Pirma


Witness Witness

ACKNOWLEDGEMENT
AFFIDAVIT OF GOOD FAITH

b) Draft the Deed of Sale of Real Property. (7%)

Answer:

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This instrument, executed by and between:

GERRY CRUZ, of legal age, single, and a resident of _______________________, herein


represented by his Attorney-in-Fact, JON CRUZ, of legal age and a resident of
__________________ and ____________________ hereafter referred to as the VENDOR,

- and -

ANGELO SANTOS, Filipino, of legal age, single, a resident of __________________ and


hereafter referred to as the VENDEE,

WITNESSETH:

THAT, for and in consideration of the sum of One Million Pesos (P1,000,000), in hand
paid by the VENDEE to the VENDOR and receipt of which is herein acknowledged by the latter,
the VENDOR has sold, transferred and conveyed, and by these presents does hereby sell,
transfer and convey, unto the VENDEE, that certain parcel of land with an area of 1,000 square
meters, more or less, located in Sampaloc, Manila, covered by Transfer Certificate of Title No.
12345 of the Register of Deeds of Manila, and which is more particularly described as follows:

(technical description)

IN WITNESS WHEREOF, the parties hereto have signed these presents at Manila, this
26th day of September, 2005.
GERRY CRUZ ANGELO SANTOS
Vendor Vendee
T.I.N. ___________ T.I.N. ___________

By:

JON CRUZ
Attorney-in-Fact

WITNESSES:

__________________ ______________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA) S.S.

IN THE CITY OF MANILA, Philippines, personally appeared before me, Mr. JON CRUZ,
with Community Tax Certificate No. _____________ issued at ____________ on ___________,
2005, in his capacity as Attorney-in-Fact of Mr. GERRY CRUZ, with Community Tax Certificate
No. ____________ issued at _________ on __________, 2005, both of whom are personally
known to me to be the same persons who executed the foregoing instrument, and they
acknowledged to me that the same is their free and voluntary act and deed, and the free and
voluntary act and deed of the principal whom Mr. JON CRUZ represents.

I further certify that the foregoing instrument is a deed of sale of a parcel of land located
in Sampaloc, Metro Manila, and consists of ___ pages, including this page, and is signed on
each and every page by the said parties and their instrumental witnesses.

WITNESS MY HAND AND SEAL.

NOTARY PUBLIC
My Commission expires on December 31, 2005
(Address)
Commission No. _______, Manila
Attorney’s Roll No.
IBP Membership No.
PTR O.R. No. ________, Manila, 2005

Doc. No.
Page No.
Book No.
Series of 2005

- XIV -

Draft a withdrawal of counsel without conformity of client. (6%)


Answer:

Republic of the Philippines


REGIONAL TRIAL COURT
National Capital Judicial Region
Manila, Branch 1

WITHDRAWAL OF APPEARANCE

THE BRANCH CLERK OF COURT


Regional Trial Court
Branch 1, City of Manila

Please make a record of the WITHDRAWAL of the undersigned as counsel for


defendant/accused ___________, without the express conformity of said defendant based on
e.g. mental/physical condition of the lawyer which renders it difficult for him/her to carry out the
employment effectively. Henceforth kindly address all pertinent notices to the defendant at the
address stated in the complaint.

City of Manila, Philippines, May 02, 2005.

SIGNATURE OF COUNSEL

Copy furnished

- XV -

Draft a Notice of Appeal. (6%)

Answer:

Republic of the Philippines


REGIONAL TRIAL COURT
National Capital Judicial Region
Manila, Branch 1

JUAN TAMAD,
Plaintiff, Civil Case No. 0003
-versus- FOR SUM OF MONEY
MARIA MAKILING,
Defendant.

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

NOTICE OF APPEAL

PLAINTIFF/ACCUSED, by counsel, hereby gives notice, within the 15-day required


period, that he is appealing the judgment of this Honorable Court dated 6 July 2005, a copy of
which he received on July 16, 2005, to the Court of Appeals, for being contrary to law and the
evidence presented.

City of Manila; March 17, 2006

SIGNATURE OF COUNSEL

Copy furnished

PROOF OF SERVICE

- XVI –

Draft a Certification of Non-Forum Shopping. (6%)

Answer:

CERTIFICATION OF NON-FORUM SHOPPING

I, Juan Dela Cruz, of legal age and a resident of 20 San Miguel St., Quiapo, Manila,
under oath declare that:

1. I have not earlier commenced a similar action against the defendant for the same
cause with any other court, tribunal or quasi-judicial agency;
2. No such action or proceeding is pending with any other court, tribunal or quasi-judicial
agency;
3. If I should learn that a similar action or proceeding has been filed or is pending before
any other court, tribunal or quasi-judicial agency, I hereby undertake to notify this Honourable
Court within five (5) days from such notice.

(sgd.) Juan Dela Cruz

JURAT