MARIA LOURDES M.

LOPENA
LEGAL FORMS

BASIC LEGAL FORMS

I. Notarial Certificates

RULE VIII, A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice)

SEC.1.Form of Notarial Certificate.- The notarial form used for any

notarial instrument or document shall conform to all the requisites
prescribed herein, the Rules of Court and all other provisions of
issuances by the Supreme Court and in applicable laws.

SEC.2. Contents of the Concluding Part of the Notarial Certificate. –

The notarial certificate shall include the following:
(A) the name of the notary public as exactly indicated in the
commission;
(B) the serial number of the commission of the notary public;
(C) the words “Notary Public” and the province or city where the
notary public is commissioned, the expiration date of the
commission, the office address of the notary public; and
(D) the roll of attorney’s number, the professional tax receipt
number and date of issuance thereof, and the IBP membership
number.

a. 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.
(Sec. 6, Rule II, A.M. No. 02-8-13-SC)

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 The form of the jurat is as follows:

ACKNOWLEDGMENT - refers to an act in which an individual on a single

occasion:
(a) appears in person before the notary public and presents
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.

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i. Consisting of one (1) page

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Consisting of two (2) or more pages

 What is the meaning of “SS” or Scilicet?

“SS” literally means “more particularly”.

Hence, the words –

Means: Republic of the Philippines, more particularly in the City of

Davao.

II. Verification and Certificate of Non-Forum Shopping

A.M. No. 19-10-20-SC (AMENDMENTS TO THE 1997 RULES OF CIVIL
PROCEDURE), Rule 7 provides:

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Section 4. Verification. — Except when otherwise specifically required by

law or rule, pleadings need not be under oath or verified.

A pleading is verified by an affidavit of an affiant duly authorized to sign

said verification. The authorization of the affiant to act on behalf of a
party, whether in the form of a secretary’s certificate or a special power
of attorney, should be attached to the pleading, and shall allege the
following attestations:

(a) The allegations in the pleading are true and correct based on his or
her personal knowledge, or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if
specifically so identified, will likewise have evidentiary support after a
reasonable opportunity for discovery.

The signature of the affiant shall further serve as a certification of the

truthfulness of the allegations in the pleading.

A pleading required to be verified that contains a verification based on

“information and belief,” or upon “knowledge, information and
belief,” or lacks a proper verification, shall be treated as an unsigned
pleading. (4a)

Section 5. Certification against forum shopping. — The plaintiff or

principal party shall certify under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith: (a) that he or she has not
theretofore commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of his
or her knowledge, no such other action or claim is pending therein; (b) if
there is such other pending action or claim, a complete statement of the
present status thereof; and (c) if he or she should thereafter learn that
the same or similar action or claim has been filed or is pending, he or she
shall report that fact within five (5) calendar days therefrom to the court
wherein his or her aforesaid complaint or initiatory pleading has been
filed.

The authorization of the affiant to act on behalf of a party, whether in the

form of a secretary’s certificate or a special power of attorney, should be
attached to the pleading.

Failure to comply with the foregoing requirements shall not be curable by

mere amendment of the complaint or other initiatory pleading but shall

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be cause for the dismissal of the case without prejudice, unless otherwise
provided, upon motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings therein shall
constitute indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions. If the acts of the party
or his or her counsel clearly constitute willful and deliberate forum
shopping, the same shall be ground for summary dismissal with prejudice
and shall constitute direct contempt, as well as a cause for administrative
sanctions. (5a)

 Below is a comparison of the allegations required in a Verification

prior to and after the Revised Rules:

Prior to the Amendment Under the Revised Rules

1. That the affiant has read the
pleading.
2. That the allegations therein are
true and correct of his personal
knowledge or based on authentic
records.
1. The allegations therein are
true and correct, based on
personal knowledge or
authentic documents.
2. The pleading is not filed to
harass, cause unnecessary
delay, or needlessly increase
the cost of litigation.
3. The factual allegations therein
have evidentiary support or, if
specifically so identified, will
likewise have evidentiary
support after a reasonable
opportunity for discovery.

Further, the signature of the affiant now also serves as a certification of the
truthfulness of the allegations in the pleading.

The Revised Rules specifically requires the authorization of the affiant

verifying the pleading on behalf of a party to be attached to the pleading in
the form of a secretary’s certificate or special power of attorney, as the case
may be.

 Changes in Certification Against Forum Shopping

The Revised Rules likewise requires the authorization of the affiant executing
the certification against forum shopping on behalf of a party to be attached to
the pleading in the form of a secretary’s certificate or special power of
attorney, as the case may be.

Furthermore, the Revised Rules now clarifies that the five-day period within
which the certifying party must report the pendency of a similar action or
claim refers to calendar days, as opposed to working or business days.

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III. Affidavits
 An Affidavit is a sworn statement in writing sworn before a notary
public or other officers entitled to administer oaths or take
acknowledgments.
 In executing an affidavit, the affiant’s primary qualification is that
he has knowledge of the facts which he states, and the truth of
which he affirms.

1. Parts of an Affidavit

(a) Venue – The place where the affidavit was taken. This will
show that the official administering the oath of affirmation
has acted within his jurisdiction.

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(b) Title - The common title of an Affidavit is Affidavit or if there

are two or more affiants, Joint Affidavit. However, there are
some Affidavits which has been designated with a name such
as Affidavit of Loss, Affidavit of Quitclaim and Affidavit of
One and the Same Person.

(c) Body – The facts stated in the body of an affidavit must be

stated positively, and not merely as a matter of belief, by one
who has actual knowledge of the fact and its allegations
should be full, certain and exact.

(d) Signature of the affiant – The proper place of the signature

is below the body of the affidavit.

(e) Jurat - The last part of an Affidavit is a jurat. It is the part of

the Affidavit wherein the notarial officer indicates that the
affiant has subscribed and sworn to in his presence and that
the latter has shown a proof of his/her identity to the former.
Furthermore, this part is where the notarial officer affixes his
seal and signature, notarial information and the record
details of the Affidavit.

2. Affidavit of Loss (ATM, Identification Card, Passport, Driver’s

License)

VENUE

TITLE

BODY

SIGNATURE of
AFFIANT

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JURAT

3. Affidavit of Change of Name

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4. Joint Affidavit of Two Disinterested Persons

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5. Affidavit of Discrepancy

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6. Affidavit of Consent and Support

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7. Affidavit of Service—Rule 13 of the Rules of Court

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8. Affidavit of Preliminary Attachment

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9. Affidavit to Use Surname of Father/Acknowledgment

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10.Judicial Affidavits
In order to reduce the time needed for completing the testimonies of
witnesses in cases under litigation, the Supreme Court had issued the Judicial
Affidavit Rule for the compulsory use of judicial affidavits in place of the
direct testimonies of witnesses.
Sections 3 and 4 of the Judicial Affidavit Rule provides:
Sec. 3. Contents of judicial Affidavit. -A judicial affidavit shall be
prepared in the language known to the witness and, if not in English
or Filipino accompanied by a translation in English or Filipino, and shall
contain the following:
(a) The name, age, residence or business address, and occupation of
the witness;
(b) The name and address of the lawyer who conducts or supervises
the examination of the witness and the place where the examination
is being held;
(c) A statement that the witness is answering the questions asked of
him, fully conscious that he does so under oath, and that he may face
criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
(1) Show the circumstances under which the witness acquired
the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues
that the case presents; and
(3) Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of
Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the
oath or an officer who is authorized by law to administer the same.
Sec. 4. Sworn attestation of the lawyer. -(a) The judicial affidavit shall
contain a sworn attestation at the end, executed by the lawyer who
conducted or supervised the examination of the ·witness, to the effect
that:

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(1) He faithfully recorded or caused to be recorded the

questions he asked and the corresponding answers that the witness
gave; and
(2) Neither he nor any other person then present or assisting
him coached the witness regarding the latter's answers. (b) A false
attestation shall subject the lawyer mentioned to disciplinary action,
including disbarment.

(a) Civil Case

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(b) Criminal Case

In accordance with Section 9 of the Judicial Affidavit Rule, the
compulsory use of Judicial Affidavit in a criminal action applies only in
the following instances: (1) Where the maximum of the imposable
penalty does not exceed six years; (2) Where the accused agrees to
the use of judicial affidavits, irrespective of the penalty involved; or (3)
With respect to the civil aspect of the actions, whatever the penalties
involved are.

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IV. Power of Attorney

Article 1868 states: “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.”
According to the power of authority conferred, the agency may be couched
in general terms or couched in specific terms.

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1. General
Article 1877 states: “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.”

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2. Special Power of Attorney

i. Ordinary Transactions—Article 1878 of the Civil

Code “Special Power of Attorney is necessary in the
following cases:

1) To make such payments are not usually considered

as acts of administration;
2) To effect novations which put an end to obligations
already existing at the time the agency was
constituted;
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 of for a valuable consideration;
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;
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.”

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ii. For pre-trial—Rule 18 of the Rules of Court

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3. Revocation of SPA

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References:
1. Suarez, Rolando.(2019).Legal Forms.Manila, Philippines:Rex Book Store
2. Supreme Court of the Philippines.(2021).2019 Proposed Amendments to the 1997 Rules of Civil
Procedure A.M. No. 19-10-20-SC. Retrieved from https://sc.judiciary.gov.ph/9284/
3. Supreme Court of the Philippines.(2021).Civil and Criminal Procedures Forms.Retrieved from
https://sc.judiciary.gov.ph/downloads/
4. Nuñez, Ranell John.(2021, January 25). Signature of Counsel, Verification, and Certification Against
Forum Shopping under the Revised Rules of Court, as amended. Retrieved from
https://platonmartinez.com/articles/signature-of-counsel-verification-and-certification-against-
forum-shopping-under-the-revised-rules-of-court-as-amended
5. Divina Law. (2020, May). New Normal, New Rules. Retrieved from
https://www.divinalaw.com/dose-of-law/new-normal-new-rules/
6. Hale, Mack. (2015, December 11). Write Your Own Affidavit. Retrieved from
https://mackhale13.blogspot.com/2015/12/write-your-own-affidavit.html

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