PREPARING BRIEF LEGAL FORMS

1. JURAT - The following is the form of a jurat. A jurat should be used only in affidavits, sworn statements,
certifications, verifications and the like – never in contracts.

REPUBLIC OF THE PHILIPPINES

PROVINCE OF RIZAL ) Sc. *
MUNICIPALITY OF CAINTA

or

REPUBLIC OF THE PHILIPPINES

CITY OF MANILA

Subscribed and sworn to before me on _____ (date), affiant exhibiting to me his (government-
issued identification with picture, like driver’s license, passport, Senior Citizens i.d., SSS/GSIS i.d.,
postal i.d., etc.).**

Witness my hand and seal.

Doc. No. ___ ATTY. ______________

Page No. ___ Notary Public
Book No. ___ My commission expires
Series of (year) on December 31, ____***
PTR No. _____
issued on _____ (date)
at _____ (place)

* Sc. - This is the correct abbreviation of the word “scilicet,” meaning “particularly in.” Others use “Ss.” and
“S.S.” - both of which are incorrect.

** The latest circular on notarial practice issued by the Supreme Court requires the notary public to state a
government-issued identification with picture.

*** The phrase “Until Dec. 31 _____” may be used as a substitute for this statement.

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2. ACKNOWLEDGMENT - The following is the form of an “Acknowledgment.” It should be used only in contracts,
never in affidavits or sworn statements .

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

CITY OF MANILA

or

REPUBLIC OF THE PHILIPPINES

 PROVINCE OF CAVITE
MUNICIPALITY OF KAWIT

Before me on _____ (date) personally appeared _____ (name of Party No. 1) with his
(government-issued identification with picture) (name of Party No. 2) with his (government-
issued identification with picture), known to me to be the persons who executed the foregoing
Contract of _____, and they acknowledged to me that it is their voluntary act.

(As required by the Property Registration Decree, the following statement should be added if the
contract involves titled real property.)

This contract relates to the sale/mortgage/lease of a parcel of land situated in _____ (place),
consists of ____ (number of) pages, including this where the Acknowledgment is stated, and was
signed by the parties on the _____ (state where the parties signed on every page).

Witness my hand and seal.

Doc. No. _____ ATTY. _____________

Page No. ____ Notary Public
Book No. ____ Until Dec. 31, ____
Series of (year) PTR No. __________
issued in ____ (place)
on _____ (date)

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3. Preparing an Affidavit/Sworn Statement - In preparing an affidavit or a sworn statement, one has to state only
those matters which he wants to establish by his written declaration.

(a) AFFIDAVIT

I, _____ (name), of legal age and a resident of _____ (place), under oath declare that:

1. I was issued a non-professional driver’s license by the Land Transportation Office;

2. I used to keep that license in my wallet;

3. last _____ (date), while I was in _____ (place) my wallet, together with my driver’s
license was stolen;

4. I am executing this sworn statement, as required, to enable me to obtain a replacement for

that license.

(place and date of execution)

(signature of affiant)

(Add a “Jurat.”)

(b) AFFIDAVIT OF SERVICE

 I, _____ (name), of legal age and a resident of _____ (place), under oath declare that:

1. I sent a copy of the Petition for Review upon Respondent _____ (name) by registered mail.
The registry receipt issued by the Postmaster of _____ (place) on _____ (date) is hereto
attached as Annex “A.”

2. I also served a copy of said Petition upon the respondent _____ (name) in person. His
acknowledgment thereof appears at the bottom of the last page of the Petition.

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(place and date of execution)

(signature of affiant)

(Add a “Jurat.”)

4. Preparing a Contract - In preparing a contract, one may use the following as a “ model.”

CONTRACT OF ______ (name of contract)

KNOW ALL MEN BY THESE PRESENTS:

This Contract of _____ (name of contract) executed between:

_____ (name of first party, usually stated in all capital letters), of legal age, _____ *, _____ **
and a resident of _____ (state full address), hereafter referred to as the _____ (brief word as
designation, to wit: Lessor - if a lease),

and

_____ (name of second party, usually stated in all capital letters), of legal age, _____ *, _____
** and a resident of _____ (state full address), hereafter referred to as the _____ (brief word
as designation, to wit: Lessee – if a lease),

W I T N E S S E T H:

Whereas the _____ (Lessor – if a lease) is the owner of the house at No. ___ __________ St.,
___________;

Whereas the _____ (Lessee – if a lease) desires to lease said house and use it for his residence
and law office;

Wherefore, the parties have agreed as follows:

1. (state
2. the stipulations
3. of the parties in the
4. following paragraphs.)

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(date and place of signing)

 ____________________ ____________________
(signature of the parties)

(Add an “Acknowledgment.”)

* State citizenship, if the transaction involves titled real property.

** State marital status, if the transaction involves titled real property. If

a party is married, state the full name of spouse and his/her citizenship.

Note - In the “Whereas” clauses, the representations of the parties, as well as their respective intensions or
motives, are usually stated.

5. In preparing contracts, one must be guided by the requirements of the substantive law. So, if one were to
prepare a Chattel Mortgage, he should refer to the Chattel Mortgage Law so that he could observe the legal
requirement.

Under the Chattel Mortgage Law, a “Chattel Mortgage” must have an “Affidavit of Good Faith.” Without it, the
mortgage is void as far as third persons are concerned. Thus, a “Chattel Mortgage” should be presented as follows:

CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Chattel Mortgage executed between –

________ (name of mortgagor), of legal age and a resident of _____ (state complete address),
hereafter referred to as the Mortgagor,

and

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_______ (name of mortgagee), of legal age and a resident of _____ (state complete address),
hereafter referred to as the Mortgagee,

W I T N E S S E T H:

Whereas the Mortgagor obtained a loan of P10,000.00 from the Mortgagee and the former obliged
himself to pay it with legal interest within one year from today;

Whereas the Mortgagee required the Mortgagor to secure that loan with a mortgage over the
following described motor vehicle:

(state complete description of motor vehicle)

Wherefore, the Mortgagor hereby mortgages the above-described motor vehicle unto the
Mortgagee.

It is the condition of this mortgage that if the Mortgagor would comply with all his obligations to
the Mortgagee, then this mortgage shall automatically become void; otherwise, the Mortgagee
may foreclose the same pursuant to law.
 (date and place of execution)

_______________ _______________
(Mortgagor) (Mortgagee)

(Add an “Acknowledgment.”)

(Add the following affidavit.)

AFFIDAVIT OF GOOD FAITH

We, under oath, aver that: (a) we are the parties to the foregoing Chattel Mortgage; and (b) we
executed that mortgage in good faith to secure a valid obligation, not for the purpose of
committing fraud.

______________ ______________
(Mortgagor) (Mortgagee)

(Add a Jurat to complete the document.)

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6. Under the New Civil Code, a donation of any real property, regardless of value and titled or not, must be in a
public instrument and accepted by the donee – also in a public instrument; otherwise, the donation shall be void.
Thus,

( Model of a Deed of Donation inter vivos)

DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

That for and in consideration of my affection for _____ (name of donee), of legal age, Filipino*,
** and a resident of _____ (state full address), I, _____ (name of donor), of legal age, * , **
and a resident of _______
(state full address ), hereby donate unto ______ (name of donee) the following described
parcel of land situated in
_________ (state location) and particularly described in Original/Transfer Certificate of Title
No. ________ of the Register of Deeds for the _____ ( state place ) as follows:

(copy technical description)

free from any lien or encumbrance.

I have reserved sufficient properties for myself, as well as

for my creditors.

(date and place of execution)

___________
(Donor)
 ACCEPTANCE

I, _____ (name of Donee) hereby accept the foregoing donation.

__________
(Donee)

(Add an “Acknowledgment.”)

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* Under the law, only Filipinos my acquire real property, except in intestate succession.

** Under the Property Registration Decree, the marital status of a property owner, including the full name and the
citizenship of the spouse, if any, should be stated in the certificate of title.)

7. A donation “mortis causa” must be in the form of a will, and a will

could either be “holographic” or “notarial.”

A “holographic will ” must be entirely in the handwriting of the testator, signed and dated by him. Thus,

MY LAST WILL

It is my wish that upon my death my only car be given to my only child, _____ (name of child).

(date) (sgd.) Testator

8. Under the New Civil Code, a “ notarial will ” must be accompanied by an “attestation clause” signed by at least
three (3) qualified witnesses, who shall declare that the will has a certain number of pages numbered correlatively
in letters, that the testator signed on every page thereof in their presence , and they in turn signed on every page of
the will in the presence of the testator and of one another. Thus, add the following to the foregoing will to make it
a notarial will.

ATTESTATION CLAUSE

We hereby attest that the testator published to us the foregoing document as his last will,
which consists of only one (1) page, and that the testator signed on the space provided above in
our presence, and we in turn have signed this document in the presence of the testator and of
one another.

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(date and place of signing)

(sgd.) Witnesses No. 1 No. 2 No. 3

9. According to the Negotiable Instruments Law, a promissory note, to be negotiable, must comply with the
following :
(a) must be in writing and signed by the maker;
(b) must contain an unconditional promise to pay
a sum certain in money;
(c) must be payable to order or to bearer; and
(d) must be payable on demand or at a fixed or
determinable future time.

Thus,
PROMISSORY NOTE

I promise to pay the bearer one hundred pesos (P100.00)

on demand.

(sgd.) Maker

10. According to the Negotiable Instruments Law, a bill of exchange, to be negotiable, must comply with the
following:
(a) must be in writing and signed by the drawer;
(b) must contain an unconditional order to pay a sum
certain in money;
(c) must be payable to order or to bearer;
(d) must be payable on demand or at a fixed or
determinable future time; and
(e) where the instrument is addressed to a drawee,
he must be named or otherwise indicated therein
with reasonable certainty.
Thus,

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Mr. Pedro de la Cruz

Pay to the order of Jose Santos the sum of one thousand pesos (P1,000.00) within ten (10) days
from sight.

(sgd.) Drawer

11. The protest of a foreign bill of exchange may be expressed in the following manner:

_____ (date)

(Mr. Drawer/Mr. Indorser)

The undersigned notary public hereby protests the dishonor of (foreign) Bill of Exchange No.
_____ dated _____ (state date of issue) drawn by _____ (name of drawer) in favor of _____
 (name of payee) for _____ (state amount in foreign currency) which was dishonored for the
reason “_____” (state reason for dishonor).

NOTARY PUBLIC

12. A power of attorney, whether general or special, is a written authority given by a principal to his agent for the
latter to perform certain acts on behalf of the former.

The distinction between a general and a special power is that the former confers upon the agent mere powers of
administration, while the latter confers powers of strict dominion.

Thus, their general form is as follows:

GENERAL/SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

That, I, _____ (name of principal), of legal age and a resident of __________ (address), have
this day appointed
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_____ (name of agent), of legal age and a resident of _____ (address), as my attorney-in-fact to
do the following on my behalf:

(a) General -

1. to collect rentals from my tenants;

2. to file complaints to evict tenants;

(b) Special -

1. to sell/mortgage the property described in

T.C.T. No. _____ of the Register of Deeds in
Manila;

2. to appear in the pre-trial in Civil Case No.

______ and thereat to enter into stipulations of
facts, as well as compromise agreement upon
such terms and conditions which he shall
consider fair and reasonable;

(date and place of signing.)

(sgd.) Principal

(Add an “Acknowledgment.”)

13. In the preparation of Complaints, the plaintiff must make a general averment of the facts upon which he relies
for his cause/s of action. Thus, a complaint for unlawful detainer should read as follows:
 (The following is the caption.)

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
CITY OF MANILA
Branch No. __

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(The following is the title of the case.)

_____ (name of plaintiff),

Plaintiff,

versus Civil Case No. _______

For: Unlawful Detainer

_____ (name of defendant),

Defendant.
x------------------x

(The following is the title of pleading.)

C O M PL A I N T

Plaintiff avers that:

1. he is of legal age and a resident of _____ (complete address), while the defendant is of legal
age and a resident of _____ (complete address).

2. last _____ (date) , he leased to the defendant the house at ________ (location of
leased premises) for a term of one (1) year expiring on _____ (date).

3. the stipulated monthly rental for that house was P5,000.00 payable by the end of every
month.

4. the defendant failed to pay the rental due last _____

(month/s that rentals were not paid).

5. last _____ (date of last demand, which must be within one (1) year from the filing of the
Complaint), he demanded that the defendant vacate the said house; however, the latter has
refused.

6. he had to engage the services of counsel for which he agreed to pay _____ (amount) for
attorney’s fees.

(Add the following paragraph if both parties are residents of the same city/municipality, or if,
though residents of different cities/municipalities, their barangays are adjacent to each other.)

7. prior to the filing of the Complaint, the dispute between the parties was referred
to the Lupong

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Tagapamayapa of the barangay where the defendant resides; however, the parties failed to settle
the same amicably. A “ Certification to File Court Case ” issued by the chairman of that Lupon is
hereto attached as Annex “A.”
 PRAYER

Wherefore, it is prayed that after due notice and hearing, a judgment be rendered ordering:

1. the defendant and all persons claiming right under him to vacate the house at _____
(location);

2. the defendant to pay the plaintiff the rentals due since _____ (date that arrearages
commenced) until the former shall have actually vacated said house;

3. the defendant to indemnify the plaintiff for P_____, as attorney’s fees, and for the costs of
suit and the expenses of litigation.

Plaintiff further prays for such other reliefs as may be just and equitable in the premises.

** City of Manila, (date).

Atty. (name of lawyer)

Counsel for the Plaintiff
(complete address)
PTR No. _____
issued in _____
on _____
IBP OR No. _____ on _____
Roll No. _ Date of Admission
MCLE Compliance No. ____

* The names of the parties are usually presented in all capital letters.

** If the lawyer holds office in Manila and the pleading is to be filed in Manila, use the preceding presentation;
however, if the lawyer holds office in Manila, but the pleading is to be filed in Pasig City, then this should be
presented as:

City of Manila for Pasig City, (date).

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14. Since an action for unlawful detainer is governed by the Rules on Summary Procedure, then the Complaint must
be verified.

A “Verification” should in substance be as follows:

VERIFICATION

I, under oath, aver that: (a) I am the plaintiff in the

afore-entitled case; (b) I caused the preparation of
the Complaint; (c) I read it and its contents are true
of my own knowledge. *

(signature of plaintiff)

(Add a Jurat.)

* Under present rules, a verification is allowed only if based on personal knowledge or on authentic documents.
 (Add also a Certificate of “No Forum Shopping.”)

(signature of plaintiff)

(Add a Jurat.)

CERTIFICATE OF NO FORUM SHOPPING

Under oath, the undersigned hereby certifies that he has not earlier commenced a similar action
against the defendant for the same cause with any other court, tribunal or quasi-judicial agency.

(signature of plaintiff)

(Add a Jurat.)

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This is an abbreviated form, but it states substantially what the Supreme Court desires.

15. A Complaint based on an actionable document should be presented in the following manner:

REPUBLIC OF THE PHILIPPINES

REGIONAL/METROPOLITAN/MUNICIPAL TRIAL COURT
CITY/MUNICIPALITY OF _____
Branch No. _____

(name of plaintiff),
Plaintiff,

versus Civil Case No. ___

For: Sum of Money
(name of defendant),
Defendant.
x------------- x

COMPLAINT

Plaintiff avers that:

1. he is of legal age and a resident of _____ (complete address), while the defendant is of legal
age and a resident of _____ (complete address).

2. last _____ (date), the defendant obtained a loan of _____ (amount) from the plaintiff and
engaged himself to pay the same with legal interest on _____ (date).

3. for that loan, the defendant made and issued a promissory note, which reads:

“For value received, I promise to pay Peter Que

 or order the sum of _____ (amount) on _______
(date) with legal interest.”

(date and place of issue)

(sgd.) [debtor]”
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A copy of that note is hereto attached as Annex “A.”

4. the term stipulated for the payment of that loan had already expired; however, the defendant
still has not paid the plaintiff, in spite of the latter’s demand.

5. he had to engage the services of counsel for which he agreed to pay _____ (amount) for
attorney’s fees.

PRAYER

Wherefore, it is prayed that after due notice and hearing, a judgment be rendered ordering the
defendant to pay the plaintiff the following amounts:

1. P____ (amount), representing the principal obligation;

2. P_____ (amount), representing the accrued interest, as well as the accruing ones at the legal
rate;

3. P_____ (amount) for attorney’s fees;

4. the costs of suit and the expenses of litigation.

Plaintiff further prays for such other reliefs as may be just and equitable in the premises.

(date and place)

(name, complete address, PTR and IBP OR of

plaintiff’s counsel)

(Add a Certificate of No- Forum Shopping and a Jurat)

16. The following is a model of a Petition in a Special Proceeding:

(Caption omitted.)

Special Proceeding No. _____

IN THE MATTER OF THE

______ (ADOPTION OF THE
MINOR)___(name of child),

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_____ (name of petitioner),

Petitioner.
x------------------x

PETITION
 Petitioner avers that:

1. she is of legal age, Filipino, single and a resident of _____ (complete address).

2. (In the preparation of the Petition in Special Proceedings, one has to be guided by what are
provided under “Contents of Petition” under the pertinent rule in the Rules of Court. Thus, for
what should be stated in the Petition for adoption of minors, one should see Sec. 2 and 3, Rule
99.)

P R AY E R

Wherefore, it is prayed that after due notice and hearing, an order be issued ……..

(place and date)

(name, complete address, PTR and IBP OR of

petitioner’s counsel)

(Add Verification, Certificate of No Forum Shopping

and a Jurat.)

17. There are other proceedings governed by special laws, such as a petition for the reconstitution of the lost
original of a certificate of title over real property, as well as the issuance of a new owner’s duplicate in lieu of the
lost one.

The allegations in the Petition in these proceedings are governed especially by said special laws, not by the Rules
of Court; however, the basic rule regarding allegations in pleadings also applies.

A petition for the Reconstitution of the lost original of a certificate of title should allege the following matters:
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(Caption omitted.)

FOR THE RECONSTITUTION OF THE

ORIGINAL OF TRANSFER CERTIFICATE
OF TITLE No. 123456 ISSUED BY THE
REGISTER OF DEEDS OF QUEZON CITY,

LRC Case No. _________

_____ (name of petitioner),

Petitioner.
x-----------------x

PETITION

Petitioner avers that:

1. he is of legal age and a resident of_____ (complete address).

2. he is the registered owner of a parcel of land situated in Quezon City, particularly that
described in Transfer Certificate of Title No. __________ of the Register of Deeds of Quezon City
as:
 (copy complete technical description)

A copy of the owner’s duplicate of that certificate of title is hereto attached as Annex “A.”

3. the original of that certificate of title was among those lost in the fire that gutted the Register
of Deeds of Quezon City last June 11, 1988. A certification to that effect is hereto attached as
Annex “B.”

4. that parcel of land is declared for tax purposes under Tax Declaration No. ______ of the
Assessor of Quezon City. A copy of that declaration is hereto attached as Annex “C.”

5. the realty taxes on that property are up to date.

6. the owners of the properties adjoining the above-described property and their respective
addresses are:

(name of person) - ( his address)

(name of person) - (his address)
The City Government - Quezon City *
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(Usually, one of the boundaries of a parcel of land is a street. It belongs to the local
government; so, the latter must also be notified of the proceedings.)

N.B. (This allegation is jurisdictional, which means that its absence renders the Petition fatally
defective.)

7. at the time of the loss of that original, there was no transaction which was pending
registration with the said Register of Deeds.

8. he is in possession not only of the owner’s duplicate of that certificate of title, but also of the
property described therein.

PRAYER

Wherefore, it is prayed that after due notice and hearing, an order be issued declaring as void
the lost original of Transfer Certificate of Title No. _____ and directing the Register of Deeds of
Quezon City to reconstitute the original thereof.

(date/place).

(name, complete address, PTR and IBP OR of

petitioner’s counsel)

(Add Verification, Certificate of No-Forum Shopping

and a Jurat.)

18. As to what should be alleged in the Petition for the issuance of a new owner’s duplicate in lieu of the lost one,
the same is found in the Property Registration Decree. Thus,

(Caption omitted.)

FOR THE ISSUANCE OF A NEW OWNER’S

DUPLICATE OF ORIGINAL/TRANSFER
CERTIFICATE OF TITLE No. _____ ISSUED
BY THE REGISTER OF DEEDS OF QUEZON
CITY, IN LIEU OF THE LOST ONE,

LRC Case No. _____

_____ (name of petitioner),

Petitioner.
x - - - - - - - - - - - - - - -- - - x
page 20 of Preparing Brief Legal Forms –

PETITION

Petitioner avers that:

1. he is of legal age and a resident of No. (address).

2. he is the registered owner of a parcel of land situated in Quezon City, particularly that
described in Original/Transfer Certificate of Title No. _____ of the Register of Deeds of Quezon
City as:

(copy complete technical description)

A certified true copy of that certificate of title is hereto attached as Annex “A.”

3. the owner’s duplicate of that certificate of title was

among those lost in the fire that gutted the house of the petitioner last (date). A certification
to that effect by the fire department of Quezon City is hereto attached as Annex “B.”

4. he executed an affidavit of loss and filed the same with the Register of Deeds of Quezon
City. A copy of that affidavit is hereto attached as Annex “C.”

N. B. (This allegation is jurisdictional, which means that its absence renders the Petition fatally
defective.)

5. the owner’s duplicate of that certificate of title was not delivered to anyone to secure the
fulfillment of any obligation.

6. he is in possession of the property covered by that certificate of title.

PRAYER

Wherefore, it is prayed that after due notice and hearing, an order be issued declaring as null and
void the lost owner’s duplicate of Transfer Certificate of Title No. _____ and directing the Register
of Deeds of Quezon City to issue a new owner’s duplicate in lieu of the lost one.

(date/place).

(name, complete address, PTR and IBP OR of

petitioner’s counsel)

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(Add a Verification, Certificate of No-Forum Shopping

and a Jurat.)

19. A complaint for the commission of a felony/crime is commenced by the filing of the Complaint Affidavit of the
offended party. Thus,

REPUBLI C OF THE PHILIPPINES

OFFICE OF THE CITY PROSECUTOR
CITY OF MANILA
 _____ (name of Complainant),
Complainant,

versus I.S. No. __________

For: Violation of B.P. Blg. 22

_____ (name of respondent.),

Respondent.
x-------------------x

COMPLAINT AFFIDAVIT

I, _____ (name of complainant), of legal age and a resident of _____ (address), under oath
declare that:

1. last _____ (date), the respondent borrowed _____ (amount) from me, obliging himself to
pay that loan by _____ (date). A copy of the promissory note which he made and issued for that
loan is hereto attached as Annex “A.”

2. last _____ (date), in the City of Manila, the respondent purportedly in payment for that loan,
drew and issued to me a check drawn on the _____ (name of bank and branch), particularly
check no. _____ dated ____ __, ____ for P_____ (amount) A copy of that check is hereto
attached as Annex “B.”

3. upon presentment for clearing/collection, that check was dishonored by the drawee bank for
the reason “Drawn Against Insufficient Funds/Account Closed.” The bank debit advice to that
effect is hereto attached as Annex “C.”

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4. notice of dishonor and demand for payment were made personally made on the respondent.
However, the latter simply ignored them. A copy of the said notice is hereto attached as Annex
“D.”

5. I am executing this sworn statement for the purpose of charging the respondent with having
violated B.P. No. 22.

Manila, (date).

(sgd.) _____ (name)

Complainant

(Add a “Jurat.”)

I hereby certify that I have personally examined the affiant and that I am convinced that she
voluntarily executed the foregoing affidavit and that she understood the contents thereof.

(sgd.) ASST. CITY PROSECUTOR

20. If the prosecutor finds that there is a prima facie case, he files the Information against the respondent. The
Information is illustrated as follows:

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT OF MANILA
Branch No. _____
 PEOPLE OF THE PHILIPPINES

versus Crim. Case No. _____

For: Violation of B.P. Blg. 22
_____ (name of accused),
Accused.
x - - - - - - - - -- - - - - - - x

INFORMATION

The undersigned Prosecutor hereby accuses _____ (name of accused) with having violated
Batas Pambansa No. 22,

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which she committed as follows: that on or about _____ (date) in the _____ (place), within
the jurisdiction of this Court, the accused did then and there draw and issue _____ (name of
bank and branch) check no. _____ dated _____ __, ____ in favor of one _____ (name of
payee) purportedly in payment of a loan, which check upon presentment for clearing/collection
was dishonored by the drawee bank for the reason “_____,” and which check the accused failed
to replace with cash within five (5) days from notice of dishonor.

Contrary to Law.

(place/date).

ASST. CITY PROSECUTOR

21. In complaints involving “private crimes,” the following phrase must be added:

(Note the underscored portion.)

(Caption, Title and Case Reference omitted)

INFORMATION

The undersigned Prosecutor, upon sworn complaint of the offended party, hereby accuses _____
(name of accused) with having violated Article ___ of the Revised Penal Code which he
committed as follows:

(Narrate how the offense was committed, making

sure that the complainant states the place and the
time of the commission of the offense, as well as
all the elements of the crime.)

Contrary to law.

(date/place)

ASST. CITY PROSECUTOR

22. In the preparation of a Complaint Affidavit and an Information, one must always state the place where every
act constituting an element of the crime was committed – because in criminal cases, that
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place determines the jurisdiction of the court.

23. A “Motion” should be prepared in the following manner:

(caption omitted)

(title of the case omitted) (case reference omitted)

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

MOTION TO DISMISS

Defendant avers that:

1. in the Complaint, it was stated that his obligation was due last May 15, 1985;

2. nothing was mentioned therein that thereafter he acknowledged in writing said obligation or
that the plaintiff made a demand for its payment; therefore, that obligation has by now
prescribed.

PRAYER

Wherefore, it is prayed that the Complaint be dismissed on the ground of prescription of action.

(place/date)

(signature, name, address, PTR date/place of issue,

IBP OR No. of defendant’s lawyer)

NOTICE OF HEARING

Atty. (for the plaintiff)

Please take notice that the undersigned shall submit the foregoing motion for the Court to
resolve on _____ (date) at 2:00 o’clock in the afternoon.

(sgd.) Defendant’s lawyer

copy received by: __________________

page 25 of Preparing Brief Legal Forms –

24. In the preparation of Motions, the movant must always include a Notice of Hearing and there must be proof of
service. Otherwise, the motion shall be considered a mere scrap of paper.

Further, never address the Notice of Hearing to the Clerk of Court. It must always be addressed to the counsel of
the other party.

25. Finally, in preparing any form, one may use his own words or expressions, not necessarily the words of the law
nor what may have been traditionally used.

GOOD LUCK
=====================================================================

CUT OUT THIS PART AND FAX/E-MAIL TO ATTY. LEAH MARTIZANO OF PRO-FRIENDS.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
TRECE MARTIRES CITY
Branch No. ____

FOR THE RECONSTITUTION OF THE

ORIGINAL OF TRANSFER CERTIFICATE
OF TITLE No. _____ ISSUED BY THE
REGISTER OF DEEDS OF __________,

LRC Case No. _________

_____ (name of petitioner),

Petitioner.
x-----------------x

PETITION

Petitioner avers that:

1. it is a domestic corporation with principal office at No. __

Tinio St., City of Mandaluyong.

2. it is the registered owner of a parcel of land situated in the Municipality of _________,

Province of ________, particularly that described in Transfer Certificate of Title No. __________
of the Register of Deeds of ______________ as:

(copy complete technical description)

A copy of the owner’s duplicate of that certificate of title is hereto attached as Annex “A.”

3. despite efforts exerted, the original copy of that certificate

of title cannot be located in the vault of said Register of Deeds; thus, presumably lost. A
certification to that effect issued by that Register of Deeds is hereto attached as Annex “B.”

4. that parcel of land is declared for tax purposes under Tax Declaration No. ______ of the
Municipal Assessor of ________. A copy of that declaration is hereto attached as Annex “C.”

5. the realty taxes on that property are up to date. The official receipt issued by the Municipal
Treasurer of ________ for the most recent payment of said taxes is hereto attached as Annex
“D.”

6. the owners of the properties adjoining the above-described property and their respective
addresses are:

(name of person) - ( his address)

(name of person) - (his address)
(name of person) – (his address)
The Municipality of ___________

N.B. (This allegation is jurisdictional, which means that its absence renders the Petition fatally
defective.)
 7. at the time of the loss of that original, there was no transaction which was pending
registration with the said Register of Deeds.

8. it is in possession not only of the owner’s duplicate of that certificate of title, but also of the
property described therein.

PRAYER

Wherefore, it is prayed that after due notice and hearing, an order be issued declaring as void
the lost original of Transfer Certificate of Title No. _____ and directing the Register of Deeds of
___________ to reconstitute the original thereof.

(date/place).

(name, complete address, PTR and IBP OR, etc. of

petitioner’s counsel)

(Add Verification, Certificate of No-Forum Shopping

and a Jurat.)