Bar Review Institute

University of the Philippines College of Law

LAST MINUTE TIPS IN

PRACTICAL EXERCISES AND LEGAL FORMS
BAR 2020/2021
FOR QUESTIONS 1 AND 2
Miguel Mendoza, a resident of Paranaque City, owns a titled 4.9019 hectare lot in Bulacan. Considering
his old age of 82 and the expense of maintaining his health, Miguel offered to sell the lot for 1.3 million
pesos to his nephew living in Quezon City, Vicente Santos. Seeing the potential of the lot, Vicente eagerly
agreed to buy the lot and fully pay the contract price in cash, only requesting that the title be immediately
transferred to his name on the date of payment.

Q1: Draft the appropriate instrument to effect this conveyance.

A1:

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DEED OF ABSOLUTE SALE

02
KNOW ALL MEN BY THESE PRESENTS:

This Deed of Absolute Sale is made and executed by:

MIGUEL S. MENDOZA, of legal age, Filipino citizen, and a resident of 65 Rainbow Road,
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Philiquest Homes, Paranaque City hereinafter referred to as the “SELLER”;

-and-
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VICENTE SANTOS, of legal age, Filipino, and with address at 144 Naranghita St., Project 8
Quezon City, hereinafter referred to as the “BUYER”;
BR

WITNESSETH:

WHEREAS, the SELLER is the lawful, legitimate and registered owner of that certain parcel of
land, situated at Pulilan, Bulacan, consisting of 49,019 square meters, which property is covered
by and embraced in OCT No. 716 of the Registry of Deeds of Bulacan, more particularly
AW

described as follows:

OCT No. 716

“Beginning at a pt. marked “1” of Lot 7, Sgs-03-000220-D, being S. 72-55’W.,2989.33
m. from MBM 10, Cad-244, Pulilan Cadastre, thence: N. 73-10’E., 177.02 m. to pt. 2; S.
68-56’E., 27.48 m. to pt. 3; S.8-04’W., 48.41 m. to pt. 4; S. 28-01’E., 30.53 m. to pt. 5;
PL

S. 1-58’E., 83.28 m. to pt. 6; S. 27-53’E., 99.12 m. to pt. 7; S. 69-55’W., 185.42 m. to pt.

8; N. 16-10’W., 80.18 m. to pt. 9; N. 16-10’W., 135.00 m. to pt. 10; N. 16-01’W., 64.00
m. to pt. of beginning. Containing an area of FORTY NINE THOUSAND NINETEEN
(49,019) Square Meters. All pts. Referred to are marked on the ground by P.S. cyl. conc.
Mons. 15 x 60 m. Bounded on the NW., along line 1-1 by Lot 4, Sgs-03000220-D
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(VIRGILIO L. MEDIAS); on the NE., along lines 2-3-4-5-6-7 by Calveria Creek (10.00
m. wide); on the SE., along line 7-8 by Lot 10, Sgs-03-000220-D (JULIO ANGELIO);
on the SW., along line 8-9 by Lot 10, Sgs-03-000220-D (JULIO ANGELIO); along line
9-10 by Lot 9, Sgs-03-000220-D (EDMUNDO A. TUASON); along line 10-1 by Lot
8, Sgs-03-000220-D (ALMARIO M. RUBOS). Bearings true. This was surveyed in
accordance with law and existing regulations promulgated thereunder by ROBERTO G.
DE CASTRO, Geodetic Engr., on June 15-18, 1987 and approved on Sept., 5, 1987.
NOTE: This is Lot 1700, a portion of Lot 979, Cad-244, Pulilan Cadestre and is covered
by F.P.A.No. (III-5) 2284. This is subject to the Provisions of Presidential Decree Nos.
296 and 635.”

WHEREAS, the SELLER has offered to sell and the BUYER has agreed to buy the
above-described property for the price set forth herein below.

NOW THEREFORE, for and in consideration of the sum of ONE MILLION THREE
HUNDRED THOUSAND PESOS (PHP1,300,000.00), Philippine Currency, paid in full by the
BUYER, receipt of which is hereby acknowledged by the SELLER to his full satisfaction, the

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SELLER DO HEREBY SELL, TRANSFER, CEDE and CONVEY by way of Absolute Sale unto
the BUYER, his heirs, successors and assigns, the aforesaid property together with all the
improvements found thereon.

IN WITNESS WHEREOF, we have hereunto set our hands this 6th day of February 2022.

MIGUEL MENDOZA VICENTE SANTOS

SELLER BUYER

Q2. Draft the appropriate acknowledgement or jurat for the said instrument
A2:

ACKNOWLEDGMENT

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Republic of the Philippines )
_____________________ )SS.

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BEFORE ME, a notary public for and in Bulacan, this February 6, 2022, personally appeared
MIGUEL MENDOZA and VICENTE SANTOS known to me and to me known to be the same
persons who executed the foregoing Deed and they acknowledged to me that the same is their
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own act and deed. This document consists of two (2) pages, including this Acknowledgement,
signed by the parties at the dispositive portion of the page.
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The foregoing Deed refers to the sale of land, situated at Pulilan, Bulacan, covered by OCT No.
716.
BR

Doc. No. ;
Page No. ;
Book No. ;
Series of 2022.
AW
PL
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Q3. An employee resigned as a baker from her job at a bakeshop. The owner of the bakeshop
approached you to draft a quitclaim in consideration of the full payment of her final salary,
pro-rated 13th month pay, overtime time, holiday pay, and service incentive leave pay totaling
twenty three thousand four hundred pesos.

Draft the Quitclaim (with the necessary jurat or acknowledgement).

A3:

QUITCLAIM

I, AAA, of legal age, single, and a resident of ___________________________, hereby

acknowledges the receipt of the amount of TWENTY THREE THOUSAND FOUR HUNDRED
PESOS as final payment representing salary, pro-rated 13th month pay, overtime time, holiday
pay, and service incentive leave pay due to me or which may be due to me from BBB Bakeshop,
under the law or under any existing agreement with respect thereto. In consideration of said
payment, I do hereby release, discharge, and waive any and all actions of whatever nature,
expected, real or apparent, which I may have against BBB Bakeshop, its owners, employees,
agents and clients by reason of or arising from my employment with the company. I will

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institute no action, whether civil, criminal, labor or administrative against BBB Bakeshop, its
owners, employees, agents and clients.

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I declare that I have read this document and have fully understood its contents. I further declare
that I voluntarily and willingly executed this Quitclaim with full knowledge of my rights under
the law. 02
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of February 2022.
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___________________________
AAA
BR

SUBSCRIBED AND SWORN to before me, this 06 February 2022, in Quezon City by AAA who
exhibited to me her Passport No. AB12345 issued at DFA NCR East on 12 December 2021 as her
competent evidence of identity.
AW

Notary Public

Doc. No. ;
Page No. ;
Book No. ;
PL

Series of 2022.

FOR QUESTIONS 4, 5 AND 6

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On January 15 2021, while Bruno Jupiter was walking along Maceda St. to his home in Sampaloc,
Manila, Edward Guinoo, on a neon orange motorcycle wearing a green helmet, snatched the bag that was
slung over Bruno’s shoulder and rode away very quickly. In the bag were Bruno’s mobile phone valued at
sixteen thousand pesos, money in the amount of twenty-two thousand pesos, and his various
identification documents including his Vaccination Card and Non-Professional Driver’s License. SPO01
Philip Ordo, a police officer on motorcycle patrol witnessed the incident and immediately pursued
Edward. In the pursuit, Edward’s motorcycle skidded and slipped, causing him to fall. Bruno, who had
followed the pursuit in a tricycle, yelled “Magnanakaw! Magnanakaw!” The bystanders near where
Edward fell surrounded him, and physically attacked him. SPO01 Ordo managed to stop them and
disperse the crowd, as well as arrest Edward whom he detained at his assigned police station in Sampaloc,
Manila. SPO01 Ordo was able to retrieve the mobile phone and the money, but the bag, the vaccination
card and the driver’s license were lost in the affray. An information was filed for theft against Edward in
the Metropolitan Trial Court Branch 39.

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Q4. Bruno needs to have his driver’s license replaced. The LTO branch required him to
present an Affidavit of Loss. Draft the Affidavit.
A4:
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) S.S.
x---------------------------------------------x

AFFIDAVIT OF LOSS

I, Bruno Jupiter, of legal age, Filipino, single, and a resident of Sampaloc, Manila, after
having been duly sworn in accordance with law, depose and say that:

1. I am a duly licensed driver in accordance with the pertinent Land Transportation laws, rules
and regulations, and was issued a Non-Professional driver’s license with number
N06-14-003941, issued on 07/17/2019 and valid until 07/19/2023

2. Sometime on 15 January 2021, my bag was stolen by Edward Guinoo, at Maceda St.,
Sampaloc, Manila.

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3. The said driver’s license was in my bag when the same was taken;

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4. Despite diligent efforts exerted to search, locate and recover said driver’s license, it could
not be found and the same is now beyond recovery;

5. Said driver’s license has not been confiscated by the LTO, Police, or other Traffic Enforcers
for any traffic violation;
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6. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to
support my application for the issuance of a new Non-Professional driver’s license, in lieu of
the one that was lost;
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IN WITNESS WHEREOF, I have hereunto set my hands this ________________ in
______________ City, Philippines.
BR

BRUNO JUPITER
Affiant
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SUBCRIBED AND SWORN TO before me this ____________ in _____________, Philippines,

Affiant exhibiting to me his ID No. ______, issued at ______ on _______.

Doc. No. _____;

PL

Page No. _____;

Book No. _____;
Series of ______.
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Q5. Assume that you have never met any of the parties before. Prepare SPO1 Philip Ordo’s
Judicial Affidavit in the prosecution of Edward’s case for Theft.

A5:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANILA, BRANCH 39

PEOPLE OF THE PHILIPPINES,

Complainant,

– versus – Criminal Case No. xxxx

For: THEFT

EDWARD GUINOO,
Accused.
x———————————————x

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JUDICIAL AFFIDAVIT

02
OF
SENIOR POLICE OFFICER 01 PHILIP ORDO

This Judicial Affidavit of Special Police Officer 01 Philip Ordo, witness for the prosecution, is
02
executed to serve as his direct testimony in the instant case.

This Judicial Affidavit is being offered to prove:

A) All the allegations in the Information including Exhibits appended thereto and which were
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already marked as exhibits during the Pre-Trial of this case;

B) All other related matters, facts and circumstances relevant and material to this case.
BR

This Judicial Affidavit was taken at the office of Atty. AAA at 123 SSS St., Brgy BBB, Manila City.

Questions were propounded by Atty. AAA and these questions are numbered consecutively
and each question is followed by the answer of the witness.
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Q1: Do you swear to tell the truth and nothing but the truth?
A1: I do.

Q2: Are you aware that you may face criminal liability for false testimony or perjury if you
will not tell the truth?
PL

A2: I am.

Q3: Please state your name, age, address and occupation?

A3: I am Philip Ordo, of legal age and residing at _____________, City of Manila.
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Q4: Do you know Private Complainant, Bruno Jupitero?

A4: Yes, I saw him when his bag was snatched and I pursued the snatcher.

Q5: Do you know the Accused in this case, Edward Guinoo?

A5: Yes, I saw him taking Bruno Jupitero’s bag. I pursued him and arrested him.

Affiant further sayeth naught.

Affiant

SUBSCRIBED AND SWORN to before me this _______________ at _______________, Affiant

exhibiting to me his ID No. ______, issued at ______ on _______.

Doc No. ________;

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

ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I asked and the corresponding
answers that the witness gave and that neither I nor any other person present or assisting me
has coached the witness regarding the latter’s statement.

Atty. AAA

SUBSCRIBED AND SWORN to before me this 6 February 2022 at City of Manila, Affiant
exhibiting to me his government issued identification.

Notary Public
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.

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Copy Furnished:

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Counsel for the Accused

City of Manila
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Q6. On 6 September 2022, Edward was found guilty of the crime of Theft. He filed his Notice
of Appeal on 10 September 2022. Meanwhile, he wishes to enjoy provisional liberty. Draft
the proper Motion for Bail.
A6:
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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BR

NATIONAL CAPITAL JUDICIAL REGION

CITY OF MANILA
BRANCH 39
AW

PEOPLE OF THE PHILIPPINES,

Complainant,

– versus – Criminal Case No. xxxx

For: THEFT
PL

EDWARD GUINOO,
Accused.
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x———————————————x

MOTION FOR BAIL

Accused Edward Guinoo, unto this Honorable Court, respectfully states:

1. This Honorable Court found Accused GUILTY of the crime of Theft, penalized under the
provisions of Art. 308 of the Revised Penal Code.

2. Under the Rules of Court, upon conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary.

3. The same Rule provides that the application for bail may be filed and acted upon by the
trial court despite the filing of a notice of appeal, provided it has not transmitted the original
record to the appellate court.

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4. Accused filed his Notice of Appeal on 10 September 2022.

5. Accused is not a flight risk, habitual delinquent, recidivist, quasi-recidivist, nor has
violated conditions of parole or conditional pardon.

6. Considering that the conditions set by the Rules are availing in this case, Accused
submits to the sound discretion of this Honorable Court that he be provisionally released
pending appeal before the Court of Appeals.

PRAYER

WHEREFORE, accused Edward Guinoo respectfully prays that this Honorable Court fix the
amount for bail.

All other just or equitable reliefs are also prayed for.

City of Manila, 2022

1
EDWARD GUINOO
Accused

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COPY FURNISHED:
Office of the City Prosecutor
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Q7: On October 5, 2019, S, with address at 211 Madison Street, Greenhills, San Juan City,
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Metro Manila, a dealer of used cars, sold a 1989 Land Rover Defender to B, who resided at 24
Lontok Street Quezon City. A promissory note was executed by B promising to pay on or
before December 30, 2019, the amount of P3,500,000.00 with interest of 36% per annum, aside
BR

from attorney’s fees in the sum of P200,000.00 in the event of litigation. After one year, B
failed to pay any amount prompting to demand full payment of the vehicle. B refused,
contending that the payment was due in December 2019. S wants you to file a complaint
against B with instructions to recover the unpaid vehicle.
AW

Prepare the appropriate pleading.

A7:

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION
PL

REGIONAL TRIAL COURT

San Juan City

S,
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Plaintiff,

– versus – Civil Case No. xxxx

For: Sum of Money

B,
Defendant.
x———————————————x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and to this Honorable court
respectfully alleges:

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That plaintiff S, of legal age, Filipino citizen, residing at 211 Madison Street, Greenhills, Metro
Manila and B, defendant of legal age, Filipino citizen residing at 24 Lontoc Street, Quezon City,
where he may be served with summons.

That on October 5, 2019,defendant purchases a 1989 Land Rover Defender from the plaintiff in
the amount of P3,500,000.00, payable on or before December 30, 2019 with an interest of 36% per
annum; and that in the event of litigation, defendant shall pay P200,000.00 as attorney’s fees. A
copy of said promissory note is hereto attached.

That after one year had expired, defendant failed to pay said promissory note;
That despite demands both written and oral, the defendant failed to pay the value of said
promissory note forcing plaintiff to file this case engaging the services of counsel in the amount
of P200,000.00.

WHERFORE, it is respectfully prayed that after due trial, defendant be ordered to pay the
amount of P3,500,000.00 plus 36% interest until the amount is fully paid and P200,00000 as
attorney’s fees.

San Juan City, February 6, 2022.

1
J

02
Counsel for Plaintiff
PTR OR. No. 5321, January 7, 1996
IBP OR No. 1265, January 7, 1996
02 VERIFICATION

I, S, of legal age, Filipino with address at 211 Madison Street, Greenhills, Metro Manila after
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having been duly sworn to in accordance with law, hereby depose and say that:

1. I am the Plaintiff in the above-captioned case;

BR

2. I have caused the preparation and filing of the foregoing Petition;

3. I have read and understood the contents thereof and the facts alleged therein are
true and correct to the best of my knowledge and belief.
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Affiant

SUBSCRIBED AND SWORN to before me this 6 February 2022 at San Juan City. Affiant
exhibited to me his competent evidence of identity.
PL

Notary Public

Doc. No. ;
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Page No. ;
Book No. ;
Series of 2022.

CERTIFICATION OF NON-FORUM SHOPPING

I, S, of legal age, Filipino with address at 211 Madison Street, Greenhills, Metro Manila after
having been duly sworn to in accordance with law, hereby depose and say that:

1. I am the Plaintiff in the above-captioned case;

2. To the best of my knowledge, no similar action or proceeding is pending in the

Supreme Court, the Court of Appeals, or any other Court, tribunal, or quasi-judicial
agency;

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 3. Should it come to my knowledge that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other Court,
tribunal, or quasi-judicial agency, I hereby undertake to notify the court or tribunal
taking cognizance of the above-entitled case of such fact within five (5) days from receipt
of such knowledge.

S
Affiant

SUBSCRIBED AND SWORN to before me this 6 February 2022 at San Juan City. Affiant
exhibited to me his competent evidence of identity.

Notary Public

Doc. No. ;
Page No. ;
Book No. ;
Series of 2022.

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BR
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PL
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