JURISTS BAR REVIEW CENTER

PRE-WEEK REVIEW IN PRACTICAL EXERCISES

Atty. Chrizellie K. Almendral-Leynes

The MAGIC OF WORDS

Words are the lifeblood of judicial decisions or any other form of writing.
When the right words are used, they serve as gems that give luster
to a message or idea. On the other hand, gobbledygook, legal jargon or
archaic language is likely to take away the vigor of a message. Thus, the
use of plain, concrete words is encouraged, especially in judicial
decisions– which are meant to settle, not to further cloud, grey areas in law
or in contracts, as well as to end justiciable controversies instead of spawning
new one.
CHIEF JUSTICE HILARIO G. DAVIDE JR.
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THE FIVE ELEMENTS OF EFFECTIVE WRITTEN COMMUNICATION

1. PRECISION
2. BREVITY
 Use the simple, familiar and concrete words
 Short sentences.
 Make your paragraph direct to the point
3. Originality
4. Vividness
5. Style
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10 BASIC RULES IN WRITING LEGAL FORMS FOR THE BAR EXAMS

1. Always be specific with the proper title of the document.
2. State the personal circumstances of the parties involved.
3. State operational clauses in separate or numbered paragraphs.
4. Be precise but concise in writing the legal document.
5. Avoid pronouns.
6. Indicate the place and date of execution, if necessary.
7. Always use the proper punctuation marks.
8. Be wary of your grammar and the proper use of the English language.
9. Organize your writing style.
10. Polish your work before submitting your legal form.
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 SIGNATURE OF COUNSEL

ATTY. _____________
Counsel for __________
(Address)
Roll No. _____________
Lifetime IBP No. _________
PTR No. ______________/ City or Province
MCLE Compliance No. ___________, ______________

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SIGNATURE OF NOTARY PUBLIC

ATTY. __________
Notary Public for __________
Appointment No. _________
Until 31 December 2022
Roll No. _____________
Lifetime IBP No. _________
PTR No. ______________/ City or Province
MCLE Compliance No. ___________, ______________

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

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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF ____ )S.S.
x- - - - - - - - - - - - - - - - - - - - - - - - - - -x
BEFORE ME, a Notary Public for and in the City ______ this ___ day of
__________, at ______ City, Philippines, personally appeared ___________
with ID _______________ issued on ______________ at _______, known to me
to be the same person who executed the foregoing instrument, and they
acknowledged to me that the same is their own free and voluntary act.
This instrument refers to a “Deed of Absolute Sale” consisting of
two (2) pages including this page where the acknowledgment is written
and has been signed by the party hereof, and their instrumental
witnesses, if any, on each and every page.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
Doc. No.__;
Page No.__;
Book No.__;
Series of 2021.
 JURAT

SUBSCRIBED AND SWORN to before me this ____ day of __________ in

______, Philippines, affiant exhibiting to me her competent evidence of identity by way
of _________ issued at _____________ on ___________.

Notary Public

Doc No. : _____

Page No.: ______
Book No.: ______
Series of 2022.

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ACKNOWLEDGMENT JURAT
 Act of one who has executed a  A part of a document where a
deed, before any notary public signatory takes an oath or
or competent officer or court make an affirmation.
declaring the said document to  Accompanies any notarized
be his act or deed. document that is declaratory
 Accompanies any notarized in nature
document that transmits  EXAMPLE: Affidavits,
rights or properties. Certifications
 EXAMPLE: Deeds, Contracts

SAMPLE LEGAL FORMS

CONVEYANCE refers to everything by which any estate or interest in estate is created,

alienated, mortgaged, or assigned. A document of conveyance must duly acknowledged
before a notary public for its registration with the Register of Deeds.

KINDS OF PARTIES OPERATIVE WORDS

DEED/CONTRACT
SALE Vendor & Vendee Sell, Transfer and
Convey
ASSIGNMENT Assignor & Assignee Assign, Transfer and
Convey
EXCHANGE Party 1 & Party 2 Cede, Transfer and
Convey
DONATION Donor & Donee For in consideration of
I. DEED OF ABSOLUTE SALE

DEED OF ABSOLUTE SALE TITLE

KNOW ALL MEN BY THESE PRESENTS: ANNOUNCEMENT

This Deed of Absolute Sale made and entered in the City of ____ on the ___
day of ________, by and between: VENUE AND DATE

___________, legal age, Filipino, and a resident of ____________,

Philippines, hereinafter referred to as the FIRST PARTY/SELLER;
-and- PARTIES & THEIR
CIRCUMSTANCES

____________________, of legal age, married, Filipino and

resident of ________________________, _________, Philippines,
hereinafter referred to as the SECOND PARTY/BUYER;

WITNESSETH:
That the FIRST PARTY/SELLER is the owner of a parcel of land particularly
described as follows:
FACT OF
“Technical Description” OWNERSHIP

NOW THEREFORE, for and in consideration of the total sum of FIFTY

THOUSAND PESOS (P50,000.00), Philippine Currency, the FIRST
PARTY/SELLER hereby unconditionally and absolutely sell, convey and
transfer, free from all liens and encumbrances unto its successors and assigns,
the aforementioned ________________Square Meters parcel of land and the
ACT
SECOND PARTY/BUYER hereby buys the same from the FIRST
PARTY/SELLER subject to the following terms and conditions, to wit:
1. The principal and total consideration in the amount of FIFTY
THOUSAND PESOS (P50,000.00), Philippine Currency, is to be paid
in full upon execution of this agreement, which receipt thereof is hereby
acknowledged upon signing of this deed;
2. The FIRST/PARTY SELLER shall be responsible for the payment of
Acknowledgment and Notarial Fees before a Notary Public; and
3. The SECOND PARTY/BUYER shall be responsible for Capital Gains
Taxes, Documentary Stamp Taxes and all other Transfer Taxes insofar
as the subject parcel of land is concerned.

IN WITNESS WHEREOF, the PARTIES have hereunto set their hands this
____ day of ___________, in the City of ________, Philippines.
 ____________________
FIRST PARTY/SELLER
ID NO. xxxxxxxx
__________________
SECOND PARTY/BUYER
ID NO. xxxxxxxxx

Signed in the presence of:

____________________ ____________________
REPUBLIC OF THE PHILIPPINES)
CITY OF ____ )S.S.
x- - - - - - - - - - - - - - - - - - - - - - - - - - -x
ACKNOWLEDGMENT

BEFORE ME, A Notary Public for and in the City ______ this ___ day of
__________, at ______ City, Philippines, personally appeared the above-
mentioned parties identified through their respective competent evidences of
identity written below their names, known to me to be the same persons who
executed the foregoing instrument, and they acknowledged to me that the same
is their own free and voluntary act.
This instrument refers to a “Deed of Absolute Sale” consisting of two (2)
pages including this page where the acknowledgment is written and has been
signed by the parties, and their instrumental witnesses, on each and every page.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
Doc. No.__;
Page No.__;
Book No.__;
Series of 2021.
II. CONTRACT TO SELL

CONTRACT TO SELL

KNOW ALL MEN BY THESE PRESENTS:

This Contract made and entered in the City of _____ on the ____day
of ___________, by and between:

_______________, of legal age, Filipino, single, and resident

of _______________ City, Philippines and hereinafter referred
to as the FIRST PARTY/SELLER;

-and-

____________, of legal age, Filipino, single, and resident of

____________ City, Philippines, hereinafter referred to as the
SECOND PARTY/BUYER;

WITNESSETH:
That the FIRST PARTY is the heirs entitled to the estate of __________
who owns a parcel of a house and lot, more particularly known as:

Transfer Certificate of Title No. T-xxxxxxx

“A parcel of land (Lot xx, Block xx, Psd-xxxxxx, being a

subdivision of Lot xxxxx, (LRC) Psd-xxxx, with the improvement,
thereon, situated in the Brgy. ________, City of ____, Island of
_____. Containing an area of _______ SQUARE METERS, more
or less.”

The FIRST PARTY is offering to sell, transfer and convey their shares in
the above-described parcel of land as heirs of _________ and/or their rights
and interests in the above-described parcel of house and lot and the SECOND
PARTY is willing to buy the shares and/or the rights and interests of the
FIRST PARTY in the above-described parcel of house and lot and/or their
share and interests in the said parcel of house and lot as heirs of _________;
NOW THEREFORE, for and in consideration of the sum of the total sum
of ONE MILLION SIX HUNDRED THOUSAND PESOS (P1,600,000.00),
Philippine Currency, payable in the manner as herein provided, and the
covenants and agreements herein provided, the FIRST PARTY/SELLER
hereby agrees to sell, transfer, assign and convey to the SECOND
PARTY/BUYER, JUAN DELA CRUZ, of legal age, single, Filipino and
resident of resident of __________ City, Philippines, her assigns, successors-
in-interests the shares of the FIRST PARTY equivalent to _______ SQUARE
METERS more or less, portion of the above-described parcel of land and/or
whatever or any rights and interests of which the FIRST PARTY/SELLER is
entitled to over the above-mentioned subject parcel of land as heirs of
________ to the following terms and conditions:

1. The total consideration is in the amount of ONE MILLION SIX

HUNDRED THOUSAND PESOS (P1,600,000.00) Philippine currency, to
be paid in the following manner;
a. That the parties agree that the SECOND PARTY/BUYER shall
pay SIX HUNDRED THOUSAND PESOS (600,000.00) Philippine
currency, upon signing of this document;
b. That the parties agree that the SECOND PARTY/BUYER shall
pay the balance of ONE MILLION PESOS (P1,000,000.00), Philippine
Currency, within Four (4) Months after the signing of this document;

2. The FIRST PARTY/SELLER shall deliver and transfer possession in

favor of the SECOND PARTY the above-described parcel of house and land
belonging to the FIRST PARTY after the payment of P600,000.00, and the
SECOND PARTY is entitled to posses the same;
3. The FIRST PARTY/SELLER shall as heirs of ______, be responsible to
sign, execute and deliver any and all kinds of documents, to transact and
negotiate with any third party and government office in the partition and
subdivision of the herein described parcel of land and the issuance of the
separate title and tax declaration;
3. That the FIRST PARTY shall execute a deed of absolute sale in favor
of the SECOND PARTY/BUYER upon full payment of the purchase price and
upon the approval of the subdivision plan and the issuance of a separate
title, whichever comes first.
IN WITNESS WHEREOF, we have hereunto set our hands this ____
day of ______, 2021 in the City of _____, Philippines.

First Party/Seller
Second Party/Buyer
Signed in the presence of:
_________________ ________________

ACKNOWLEDGMENT
III. DEED OF SALE WITH ASSUMPTION OF MORTGAGE

DEED OF SALE WITH ASSUMPTION OF MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This DEED, made and executed in ________________, Philippines, by and

between:

______________________ married to __________________, of

legal age, Filipino Citizens and with residence and postal address at
_____________________________________________, hereinafter
called the VENDOR.

– and –

_______________________, of legal age, single, Filipino Citizen,

and with residence and postal address at
________________________
_______________________________________, hereinafter called
the VENDEE.,

WITNESSETH:
WHEREAS, the VENDOR is the owner of certain parcels of land with all the
improvements existing thereon, situated at Molino, Bacoor, Cavite, specifically
described as follows:

“Technical Description”

WHEREAS, the above-described properties are presently mortgaged to ABC

SAVINGS BANK to secure the payment of two loans: the first with an original
obligation in the principal sum of P725,000.00 and the second with an original
obligation of P953,000.00 contracted by the VENDOR from the aforenamed
mortgagee under the terms and conditions set forth in two instruments of
mortgage, the first one (Loan No. _______________) executed on
__________________ and ratified before __________________________, Notary
Public in and for ____________, as per Doc. No. ___________, Page No.
_________, Book No. _________, Series of _______________ of his notarial
register and the second one (Loan No. _________________) executed on
_______________________ and ratified before __________________________,
Notary Public in and for ____________, as per Doc. No. ___________, Page No.
_________, Book No. _________, Series of _______________.

WHEREAS, the VENDOR has offered to sell and the VENDEE has agreed to
buy the above-described parcels of land with all the improvements thereon for the
total price of ______________ payable in the manner and form set forth herein
below:

Installment or Cash

NOW, THEREFORE, for and in consideration of the sum of P3,300,000.00,

Philippine currency, the said VENDOR does hereby sell, transfer and convey, in a
manner absolute and irrevocable, unto the VENDEE, her heirs and assigns the real
property above described together with all the improvements existing thereon,
free and clear of all liens and encumbrances excepting the mortgagee as may be
subsisting in favor of ABC SAVINGS BANK; and

The VENDEE does hereby accept this sale and binds herself to assume as
she hereby assumes the payment of the unpaid balance of the mortgage in
indebtedness of the VENDOR amounting to P335,336.26 for the first loan and
P517,669.59 for the second loan as of this date in favor of the aforenamed
mortgagee and does hereby further agree to be bound by the precise terms and
conditions therein contained.

The VENDEE shall secure the approval of the Mortgagee to the assumption
by the BUYER of the mortgages over the subject parcels of land.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
at the place first above written, on this __________________ at
____________________________.

_______________ _________________
Vendor Vendee

With my marital consent:

____________________

SIGNED IN THE PRESENCE OF:

_____________________ _____________________

ACKNOWLEDGMENT

IV. DEED OF ASSIGNMENT

DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS

KNOW ALL MEN BY THIS PRESENTS:

This deed, made and entered into this __________ at ____________, Philippines, by and
between:

(NAME OF ASSIGNOR), Filipino, of legal age, single/married to (Name of Spouse, if any) and
a resident of (Address of Residence), hereinafter referred to as the "ASSIGNOR"-

-in favor of-

(NAME OF ASSIGNEE), Filipino, of legal age, single/married to (Name of Spouse, if any) and a
resident of (Address of Residence), hereinafter referred to as the "ASSIGNEE".
 WITNESSETH that -

WHEREAS the ASSIGNOR is the buyer of a (Describe the Property), with an area of (LAND
AREA OF PROPERTY) more or less, covered by (Title Description) of the Register of Deeds of
(Place of Register of Deeds), registered in the name of the (Name of Registrant/Bank);

WHEREAS, the ASSIGNOR has offered to assign all his rights, title and interest over the
above parcel of land, as referred in said Contract to Sell and the ASSIGNEE hereby accepts the
assignment in accordance with the terms herein set forth;

NOW, THEREFORE, for and in consideration of the foregoing premises and the sum
of (AMOUNT IN WORDS) PESOS (AMOUNT IN FIGURES), Philippine Currency, which the
ASSIGNOR hereby acknowledge to have received from the ASSIGNEE, the ASSIGNOR
hereby ASSIGNS, TRANSFER and CONVEYS unto the ASSIGNEE, all his rights, title and
interest to the aforementioned property and and appurtenant interest and civil fruits in the said
property pursuant to this Agreement and the ASSIGNEE by these presents hereby accepts the
assignment and agrees to be bound by the terms and conditions of the Contract to Sell and the
rules and regulations, and restrictions pertaining to the said property.

IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and
place first above written.

(NAME OF ASSIGNOR) (NAME OF ASSIGNEE)

ASSIGNOR ASSIGNEE

With my marital consent: (NAME OF SPOUSE)

SIGNED IN THE PRESENCE OF:

_____________________ _____________________

ACKNOWLEDGEMENT
V. DEED OF DONATION

DEED OF DONATION
KNOW ALL MEN BY THESE PRESENTS:

This Deed of Donation, made and executed in the City of Pasay, Philippines,
by ___________ of legal age, single, Filipino citizen and with residence and postal
address at __________________ hereinafter called the “DONOR.”

- IN FAVOR OF -

_____________, of legal age, single, Filipino citizen and with residence and
postal address at ________________________, hereinafter called the “DONEE.”

- WITNESSETH -

That the DONOR is the owner of that certain real property with the buildings and
improvements thereon, situated in _________________ and more particularly described
in Transfer Certificate of Title No. 123456 of the land registry of Makati City as follows:

(Copy description of property in title)

That for and in consideration of the love and affection which the DONOR has for
the DONEE, the said DONOR, by these presents, transfers and conveys, by way of
donation, unto said DONEE, her heirs and assigns, the above described real property with
all the buildings and improvements thereon, free from all liens and encumbrances;

That the DONOR does hereby state, for the purpose of giving full effect to this
donation, that he has reserved for himself in full ownership sufficient property to support
him in a manner appropriate to his needs;

That the DONEE does hereby accept this donation of the above-described
property, and does hereby express gratitude for the kindness and liberality of the DONOR.

IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on
_____________ at ______________, Philippines.

_____________ ________________
Donor Donee

SIGNED IN THE PRESENCE OF:

________________ _________________

ACKNOWLEDGMENT
 VI. AFFIDAVIT

REPUBLIC OF THE PHILIPPINES)

VENUE
______________________ CITY ) S.S.

PERSONAL
CIRCUMSTANCES AFFIDAVIT OF LOSS TITLE

I, ___________________, of legal age, Filipino, single and a resident of

_______________________, after having been duly sworn to in accordance with law, depose and
state:

1. That I am duly issued a corresponding _______________; OATH

2. That last Wednesday, January 16, 2019, said LBP ATM Card got lost and cannot be found;

3. That it is impossible to find the said LBP ATM Card despite diligent search and efforts,
F
that I now believe that it is now lost beyond recovery;
A
4. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to
C support my application for the issuance of a new LBP ATM in lieu of that was lost;

T 5. That the undersigned agrees to indemnify and hold free and harmless the Landbank of the
Philippines (LBP), its officers and employees legal representatives, and assigns against loss
S
and damage from any and all further claims, demands, and actions at law or in equity that
may hereafter at anytime be made or brought by any third person;

6. That I am executing this affidavit to attest to the foregoing facts and for any legal purpose
it may serve.

IN WITNESS WHEREOF, I hereby affixed my signature this 18h day of January 2019,
in Mandaluyong City, Philippines.

____________________________
SIGNATURE JUAN DELA CRUZ
Affiant

SUBSCRIBED AND SWORN to before me on this ____ day of ___________ 2019,

affiant, having exhibited to me his Unified Multi-Purpose I.D. with No. CRN-0111-
3736639-9.

Notary Public

Doc No. ___

Page No. ___
Book No. ___
Series of: 2019.
JURAT
 VII. VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

VERIFICATION AND
TITLE
PERSONAL CERTIFICATION OF NON-FORUM SHOPPING
CIRCUMSTANCE
S
I, ____________ Filipino, single, of legal age, and is residing at
__________________, after having been duly sworn to in accordance with law,
hereby depose and state that:

1. The foregoing ____________ was prepared at my instance;

VERIFICATION

2. I have read and understood the same and that all allegations therein are
true, correct and of my personal knowledge and/or based on authentic documents;

CONS
3. I hereby certify that: (a) I have not commenced any other action or
proceeding involving the same issues with this Office, or any other tribunal or
agency; (b) to the best of my knowledge, no such action or proceeding involving
the same issues is pending before this Office, or any tribunal or agency; (c) if there
is any action or proceeding involving the same issues which is pending before this
Office, or any tribunal or agency, I will report that fact within five (5) days from
knowledge thereof to this Honorable Office and to the tribunal or agency where
the original pleading had been filed.

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

______________.

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of ___________ at

Quezon City, affiant exhibited to me her Postal ID with No. _______________ in my
presence this instrument and affirmed under penalty of law the whole truth of the
contents thereof.

NOTARY PUBLIC
JURAT

Doc. No.__;
Page No.__;
Book No.__;
Series of 2021.
 PLEADINGS

COMPLAINT ANSWER
GENERAL PART
 CAPTION  CAPTION
 PARTIES INVOLVED  PARTIES INVOLVED
 DOCKET NO.  DOCKET NO.
 CAUSE OF ACTION  CAUSE OF ACTION
 TITLE  TITLE
PARTS OF THE BODY
 IDENTITY OF THE PARTIES  ADMISSIONS & DENIALS
 CAUSES OF ACTION  SPECIAL & AFFIRMATIVE
 RELIEF SOUGHT DEFENSES
 COUNTERCLAIM (IF ANY)
 RELIEF SOUGHT
OTHER PARTS
 VERIFICATION  STATEMENT OF COPY FURNISHED
 CERTIFICATION OF NON FORUM THE ADVERSE PARTY
SHOPPING  PROOF OF SERVICE
 EXPLANATION (IF NEEDED)
 VERIFICATION

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MOTIONS

PARTS OF A MOTION

 Caption
 Title
 Ground for the Motion
 Argument in support of the Motion
 Relief Sought
 Details of Counsel
 Copy Furnished
 Notice of Hearing
 Proof of Service
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT CAPTION
NATIONAL CAPITAL JUDICIAL REGION
Manila, Branch 45
ABCDE,
Plaintiff,
-versus- Civil Case No. 19-1234
PARTIES For: Sum of Money
XYZ,
Defendant,
x--------------------------------x
DOCKET NO. &
MOTION FOR EXTENSION OF CAUSE OF ACTION
TITLE
TIME TO FILE ANSWER

Defendant, through the undersigned counsel, most respectfully avers that:

BODY 1. Defendant received the summons and complaint on ________. Defendant has fifteen
days or until _________ within which to file his answer or other responsive paper.

2. Due however to his heavy caseload, the undersigned counsel would be unable to file
the answer or responsive paper by __________.

WHEREFORE Defendant prays for an extension of 15 days from __________ or

until __________ within which to file his answer.

______________, ________________.
RELIEF
SOUGHT
ATTY. _____________
Counsel for __________
VENUE & (Address)
DATE Roll No. _____________ DETAILS OF
Lifetime IBP No. _________ COUNSEL
PTR No. ______________/ City or Province
MCLE Compliance No. ___________, ______________

NOTICE OF HEARING
Greetings:

Please take notice that the Defendant shall submit the foregoing motion for the immediate
consideration and approval of the court without further arguments, the motion being non-
litigious.
ATTY. ___________________

PROOF OF SERVICE

EXPLANATION

Due to the distance to Plaintiff’s counsel and to lack of personnel, the undersigned
counsel for Defendant was constrained to serve a copy of this motion upon Plaintiff’s
counsel by registered mail.

ATTY. ___________________

COPY FURNISHED: