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LEGAL FORMS AND PRACTICAL EXERCISES

A. Demand and authorization letters




DEMAND LETTER


1 July 2021

JUAN DELA CRUZ 

ABC Building, Asturias Street

Manila City


Greetings! 


We write on behalf of our client XYZ Corporation who engaged our services to collect from you the amount due and
payable from the promissory note you executed with them on 15 June 2020. A copy of the promissory note is
attached herein.


This letter serves as formal notice that you are in default of your obligation to pay the sum of Php 250, 000. 00 which
was loaned to you on 15 June 2020 plus interest of P 50, 000. 00. The total amount of Php 300, 000. 00 is now
overdue and you have failed to repay the same despite repeated demand.


Unless payment is made within 10 days from receipt of this notice, we will have no alternative but to exercise
whatever rights and remedies we have under the law. Consider this as our final demand.


Respectfully, 


ATTY. SEAN FRANCES CARINO 










 1. ADDRESSED TO DEBTOR

 2. ENGAGEMENT

3. EVIDENCE OF DEBT - PROMISSORY NOTE


 4. PRINCIPAL AMOUNT + INTEREST + TOTAL AMOUNT DUE + DEFAULT

 5. REMEDY

 6. FROM WHOM
















AUTHORIZATION LETTER

1 July 2021

ATTY. KIEFER THOMAS OBEJAS

ABC Building, Asturias Street

Manila City


To whom it may concern:


I, Atty. Kiefer Thomas Obejas, do hereby authorize my cousin, Juan Dela Cruz, to claim the money addressed to me
amounting to Php 300, 000. 00 from UNITY BANK on 3 July 2021 on my behalf.


Attached herewith is a copy of my passport for verification purposes. Thank you and looking forward to your kind
consideration.


Sincerely


(Signature over printed name)




 1. PERSON WHO AUTHORIZED

 2. PERSON AUTHORIZED and RELATIONSHIP WITH 1

3. TO WHOM AND WHAT FOR


 4. COPY OF ID
























1. KOPBTP
2. SELLER with PERSONAL CIRCUMSTANCES (BREVITY)
3. FOR and IN CONSIDERATION + SUM
4. ACKNOWLEDGED AND PAID BY BUYER (BREVITY)
5. DO HEREBY SELL TRANSFER CONVEY by way of absolute sale
B. Contract of sale


6. DESCRIPTION OF PROPERTY
Deed of absolute sale
 7. IN WITNESS HEREOF, i have hereunto set my hands

 8. ACKNOWLEDGMENT - DPBS
KNOW ALL PERSONS BY THESE PRESENTS: 

I, ATTY. ANNA FRANCHESCA DIZON, of legal age, Filipino with residence at #123 Espana Street, Manila
(hereinafter referred to as SELLER for brevity), for and in consideration of the sum of THREE MILLION (Php 3, 000,
000. 00) Pesos, receipt of which is hereby acknowledged and paid by Juan Dela Cruz (hereinafter referred to as
BUYER).


Do hereby SELL, TRANSFER, and CONVEY by way of ABSOLUTE SALE unto said BUYER, a parcel of land with all
structures and improvements constructed thereon, and more particularly described as follows:

TCT No. 123456 of the Registry of Deeds of Valenzuela City.




IN WITNESS HEREOF, I have hereunto set my hands this July _____, 2021.


SIGNED IN THE PRESENCE OF:



____________________________ _______________________________


REPUBLIC OF THE PHILIPPINES) 



Valenzuela City


ACKNOWLEDGMENT

BEFORE ME for an in the above jurisdiction, personally appeared ATTY. ANNA FRANCHESCA DIZON and JUAN
DELA CRUZ, known to me to be the same person who executed the foregoing Deed of Absolute Sale and
acknowledging that the same is their voluntary act and deed and exhibiting their respective competent evidence of
identity.


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 NOTARY PUBLIC 


NOTE: If seller is married, manifest marital consent to the sale.



1. THIS CONTRACT OF LEASE 2. LESSOR + personal circumstance - and -
3. LESSEE + personal circumstance 4. LESSOR OWNER 5. LESSOR AGREES
6. LESSEE ACCEPT subject to the ff. conditions 7. CONDITIONS 8. IN
WITNESS HEREOF, the parties set their hands 9. SIGNATURE OF PARTIES
C. Contract of lease
 10. ACKNOWLEDGMENT

KNOW ALL PERSONS BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of _______, this day of _________, 20___, by and
between: 


ATTY. KEL MAGTIRA, of legal age, married to (Atty. Vielle Perote), Filipino, and with residence and postal
address at ____________, herein referred to as LESSOR.



- AND -


JUAN DELA CRUZ, Filipino and with residence and postal address at _______, hereinafter referred to as the
LESSEE.


WHEREAS, the LESSOR is the owner of the leased premises. 


WHEREAS, the LESSOR agrees to lease-out the property to the LESEE and the LESEE is willing to lease the same;


NOW THEREFORE, for and in consideration of the foregoing, the LESSOR leases unto the LESSEE and the LESEE
hereby accepts from the LESSOR the leased premises subject to the following: 


1. PURPOSE:


2. TERM: 


3. RENTAL RATE: 


4. DEPOSIT:


5. SUB-LEASE:


IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above written.



(NAME OF LESSOR) (NAME OF LESSEE)

Lessor Lessee


SIGNED IN THE PRESENCE OF:

_____________________ ______________________

REPUBLIC OF THE PHILIPPINES) 



Province of Nueva Ecija


ACKNOWLEDGMENT

BEFORE ME for an in the above jurisdiction, personally appeared ATTY. KEL MAGTIRA and JUAN DELA CRUZ,
known to me to be the same person who executed the foregoing Contract of Lease and acknowledging that the
same is their voluntary act and deed and exhibiting their respective competent evidence of identity.


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 NOTARY PUBLIC 

D. Special power of attorney


Article 1878. Special powers of attorney are necessary in the following cases:

(1) To make such payments as are not usually considered as acts of administration; 

(2) To effect novations which put an end to obligations already in existence 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 or 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; 

1. Name and personal circumstances of principal
(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; 2.

 DO HEREBY APPOINT + name and personal
(10) To bind the principal in a contract of partnership; 
 circumstances of the agent + as my true and legal
(11) To obligate the principal as a guarantor or surety; 

(12) To create or convey real rights over immovable property; 
 representative
(13) To accept or repudiate an inheritance; 
 3. To perform + the act to be performed
(14) To ratify or recognize obligations contracted before the agency; 

4. HEREBY GRANTING unto said representative full
(15) Any other act of strict dominion.


 power and authority to perform every act necessary
Special Power of Attorney
 5. IN WITNESS HEREOF, we hereunto set our hands

 6. SIGNATURE of principal and agent
KNOW ALL PERSONS BY THESE PRESENTS:

7. ACKNOWLEDGMENT
I, ATTY. CHAD JOREL HERNANDEZ, single, of legal age, with residence and postal address at ________ do hereby
appoint JUAN DELA CRUZ, likewise of legal age, with postal address at _______, as my true and legal representative
to act for and in my name and to perform the following acts:


To sell, offer for sale, and come to an agreement as to the purchase price and thereafter to sign for us and
receive payment from the sale of my property more particularly described as follows: (insert description of property)


HEREBY GRANTING unto my representative full power and authority to execute and perform every act necessary to
render effective the power to sell the foregoing properties, as though I myself, have so performed it, and HEREBY
APPROVING ALL that he may do by virtue hereof with full right of substitution and revocation of this instrument.


IN WITNESS WHEREOF, We have hereunto set our hands this _____ day of ______ 20 __, AT _____________________


____________________ _______________________

(NAME OF PRINCIPAL) (NAME OF AGENT)


SIGNED IN THE PRESENCE OF:

_____________________________ ______________________________


REPUBLIC OF THE PHILIPPINES) 

Province of Nueva Ecija


ACKNOWLEDGMENT

BEFORE ME for an in the above jurisdiction, personally appeared ATTY. CHAD JOREL HERNANDEZ and JUAN
DELA CRUZ, known to me to be the same person who executed the foregoing Deed of Absolute Sale and
acknowledging that the same is their voluntary act and deed and exhibiting their respective competent evidence of
identity.


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 NOTARY PUBLIC

1. Personal circumstances duly sworn and hereby depose
and say:
2. RESPONDENT in the answer; i caused the answer; i read
the allegations contained therein; not intended to HDI;
not commenced any action involving the same issues; if i
E. Verification and certificate of non-forum shopping
 should learn + undertake to inform the C within 5 days

Verification and affidavit of non-forum shopping

3. IWH. 4. JURAT (SS to me + exhibiting CE of identity +

 DPBS)
I, ATTY. ROI BANCE, a Filipino, of legal age, and resident of __________, Metro Manila, after having been duly sworn
to in accordance with law do hereby depose and say:

1. That I am the Respondent in the above entitled Answer



2. That I have caused the preparation by my counsel of said Answer

3. That I have read the allegation therein contained, and that the same are true and correct of my personal
knowledge and based on authentic records 

4. That this pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation

5. That I have not theretofore commenced any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency

6. If I should thereafter learn that any similar action or proceeding has been filed or pending before the
Supreme Court, Court of Appeals, or In any court, tribunal, or quasi-judicial agency, I undertake to inform this
Honorable Court within 5 days from knowledge thereof.


IN WITNESS THEREOF, I hereby set my hand this ______ of June 2021 Manila, Philippines


Affiant

SUBSCRIBED AND SWORN to before me this ______ day of June 2021 at Manila City Philippines, Affiant exhibiting
before me his _____________, issued at _____________. 


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 

NOTARY PUBLIC



F. Notice of hearing and explanation in motions


NOTICE OF HEARING

ATTY. FELIX INGENTE 



Counsel for the ____________ (plaintiff/defendant) 


Greetings! 


Please take notice that the foregoing Motion for Reconsideration shall be SUBMITTED for the consideration and
approval of the Honorable Court on Friday ______ at _________ (a.m. / p.m.) or as soon as counsel and matter may
be heard.


1. ROP RTC NCR MAKATI BRANCH NO.
2. PLAINTIFF DEFENDANT CIVIL CASE
(what case) 3. This JA.. to serve as the
direct testimony of the plaintiff 4. THIS
JA IS OFFERED TO PROVE - PETITION,
G. Judicial affidavit
ANNEXES, EXHIBITS, OTHER RELATED
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

MATTERS MATERIAL to this case. 5.
NATIONAL CAPITAL JUDICIAL REGIONQ&A

 propounded are numbered
MAKATI CITY, BRANCH _______ correlatively + PUT Q&A 6. JURAT 7.
ATTESTATION - FAITHFULLY RECORDED
JUAN DELA CRUZ, petitioner


 + DID NOT ASSIST and COACHED. 8.

 JURAT FOR ATTESTATION
— versus — CIVIL CASE No. ______

Declaration of Nullity of Marriage

ANGEL DELA CRUZ, respondent


This Judicial Affidavit of Juan Dela Cruz, the petitioner, is executed to serve as his direct testimony in the instant
case.


This Judicial Affidavit is being offered to prove: 


1. All the allegation in the Petition including all annexes appended thereto and which were already marked as
exhibits during the Pre-Trial; 

2. All other related matters, facts and circumstances relevant and material to this case. 


This Judicial Affidavit was taken at the office of ATTY. JEDDRIEL SALVADOR VELASQUEZ at Unit 1605 University
Tower 1, Moret St., Manila City.


Questions were propounded by Atty. Velasquez and these questions are numbered consecutively and each question
is followed by the answer of the witness.


(Add questions and corresponding answers) 


SUBSCRIBED AND SWORN to before me this ______ day of June 2021 at Manila City Philippines, Affiant exhibiting
before me his _____________, issued at _____________. 


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 

NOTARY PUBLIC

ATTESTATION


I, ATTY. JEDDRIEL VELASQUEZ, hereby state under oath, that I faithfully recorded the questions 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.


SUBSCRIBED AND SWORN to before me this ______ day of June 2021 at Manila City Philippines, Affiant exhibiting
before me his _____________, issued at _____________. 


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 

NOTARY PUBLIC


NOTE: ATTESTATION is also notarized

H. Notarial certificates: JURAT and ACKNOWLEDGMENT 


Distinguish acknowledgement vs. jurat

An acknowledgment is the act of one who has executed a deed in going before some competent officer or court and
declaring it to be his act or deed; while a jurat is that part of an affidavit where the officer certifies that the same was
sworn before him.


Jurat

SUBSCRIBED AND SWORN to before me this ______ day of June 2021 at Manila City Philippines, Affiant exhibiting
before me his _____________, issued at _____________. 


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 

NOTARY PUBLIC





 Use acknowledgement where

 there is transfer of rights!





Acknowledgment


REPUBLIC OF THE PHILIPPINES) 

Province of Nueva Ecija


ACKNOWLEDGMENT

BEFORE ME for an in the above jurisdiction, personally appeared ______________ and _____________, known to me
to be the same person who executed the foregoing Deed of Absolute Sale and acknowledging that the same is their
voluntary act and deed and exhibiting their respective competent evidence of identity.


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 NOTARY PUBLIC 



I. Motions for extension of time, to dismiss, and to declare in default


MOTION FOR EXTENSION OF TIME




REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION 

MAKATI CITY, BRANCH _______


People of the Philippines, petitioner




— versus — CRIMINAL CASE No. ______

Theft

JUAN DELA CRUZ, respondent

Respondent, by the undersigned counsel, and unto this Honorable Office of the City Prosecutor, most respectfully
states that: 


1. Respondent engaged the services of undersigned counsel only on ___________________;



2. Respondent received the subpoena on ______________ and thus has until _______________ within which to submit
his counter-affidavit;

PRAYER


WHEREFORE, Respondent most respectfully prays of this Honorable City Prosecutor of __________ That he be
given an additional period of ___________ from today within which to submit his counter-affidavit and other
documentary evidence. 



MOST RESPECTFULLY SUBMITTED.


Other reliefs, just and equitable under the circumstances.


NOTE: 

For non-litigious motion, no need need to set a hearing. For litigious motion, court may set it for hearing. Include a
notice of hearing if the court decides to set a hearing.


MOTION TO DISMISS


REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION 

MAKATI CITY, BRANCH _______


ANGEL DELA CRUZ, petitioner




— versus — CIVIL CASE No. ______

Collection of Sum of Money

JUAN DELA CRUZ, respondent


COMES NOW, the Respondent ___________, through the undesigned counsel, appearing especially and solely for
this purpose, and to this Honorable Court, most respectfully moves for the dismissal of the Complaint filed by ABC
Corporation on the ground of LACK OF JURISDICTION OVER THE SUBJECT MATTER.


PRAYER

WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant Angel Dela Cruz be dismissed
for lack of jurisdiction over the subject matter.


Other reliefs just and equitable under the circumstances.


NOTE:

Under the RROC, only the following may be the grounds for a MTD: 

1. Lack of jurisdiction over the subject matter 

2. Pendency of another action between the same parties for the same cause; and 

3. The cause of action is barred by a prior judgment or by the statute of limitations


1. HEADING
2. RESPONDENT THROUGH the undersigned
counsel, most respectfully move for the
dismissal of who filed
3. PRAYER - WHEREFORE, it is respectfully.
4. Other reliefs just and equitable under the
circumstances
MOTION TO DECLARE IN DEFAULT


REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION 

MAKATI CITY, BRANCH _______


ANGEL DELA CRUZ, petitioner




— versus — CIVIL CASE No. ______

Collection of Sum of Money

JUAN DELA CRUZ, respondent



Plaintiff, by counsel and unto this Honorable Court, respectfully states

1. The records of the Honorable Court show that Defendant was served with copy of the summons and of the
complaint together with annexes thereto on ________________

2. Upon verification, the records show that Defendant _____________ has failed to file his Answer within the
reglementary period despite the service of the summons and the complaint.

3. As such, it is respectfully prayed that Defendant ___________ be declared in default and that the Honorable Court
proceed to render judgment as the complaint may warrant.


PRAYER

WHEREFORE, it is respectfully prayed that Defendant Angel Dela Cruz be declared in default and that the Honorable
Court proceed to render judgment as the complaint may warrant.


Other reliefs just and equitable under the circumstances.


J. Quitclaims in labor cases




 1. HEADING
Republic of the Philippines)

Province of ____________________) 

2. PLAINTIFF THROUGH the undersigned respectfully states that
City/Municipality of _______________) 
 3. SUMMONS
x—————————x
 4. FAILED TO FILE ANSWER
5. DEFAULT
6. PRAYER - DEFAULT + RENDER JUDGMENT
7. OTHER RELEIFS JUST AND EQUITABLE
WAIVER, RELEASE and QUITCLAIM

I, _____________, Filipino, of legal age, single, and a resident of ______________, Philippines, after being sworn to in
accordance with law, depose and state:


1. That by these presents, I hereby state that I have voluntarily resigned as ____ Position Held ___of ______
Employer; 

2. That I hereby acknowledge to have received from my employer the sum of ____________ (Php ___________) which
is in full and final satisfaction of my salary and other benefits that may be due me for the service which I have
rendered for the latter employer;

3. That I hereby declare that I have no further claims whatsoever against my employer and that I hereby release and
forever discharge all of them from any and all claims, demands, cause of action of whatever nature arising out of my
employment with the latter.

4. I further agree that this WAIVER, RELEASE, and QUITCLAIM may be pleaded in bar to any suit or proceeding
which I or my heirs and assigns may have against my employer in connection with my employment with the latter.


SUBSCRIBED AND SWORN to before me this ______ day of June 2021 at Manila City Philippines, Affiant exhibiting
before me his _____________, issued at _____________. 


DOC NO._____) 

PAGE NO._____) 

BOOK NO._____)

SERIES OF 2021 

NOTARY PUBLIC


1. PERSONAL CIRCUMSTANCES + after being sworn to in accordance


with law, state that:
2. I acknowledge that i receive from my ER the sum... in full
satisfaction that may be due me
3. I hereby declare that i have no further claim whatsoever against my
ER
4. I hereby release and discharge said ER against any claims
5. I agree that this QRW is a bar to any suit or proceedings which i
may have against my ER in connection with my employmet
6. JURAT

K. Promissory note

PROMISSORY NOTE

FOR VALUE RECEIVED, I promise to pay without need of demand to the order of ___________ , at his office at
____________, the principal amount of pesos: ____________ (Php ______________), on or before _________________.


In addition to the foregoing, I promise to pay monthly interest at the rate of _________ (_____%) without need of
demand starting from the day of ______________ until fully paid.


__________ Date __________, Philippines. 


Maker

1. FOR VALUE RECEIVED


2. PROMISE TO PAY
3. WITHOUT NEED OF DEMAND
4. TO THE ORDER OF
5. PRINCIPAL AMOUNT
6. ON OR BEFORE
7. MAKER


L. Information in criminal cases

INFORMATION

The undersigned, __________________, accuses _________________ of the crime of murder committed as follows to
wit: 


That on or about __________________, at about _______________ (a.m. / p.m.) in the City/Municipality of
______________, Province of _______________ and within the jurisdiction of this Honorable Court, the said accused,
with evident intent to kill, did then and there willfully, unlawfully, and feloniously, suddenly, unexpectedly, and
treacherously, assault, attack and wound ______________ from behind with the use of a bolo rendering him
unconscious, and continued to inflict mortal wounds on the said ____________ while the latter was already
unconscious and unable to defend himself, causing his instantaneous death.


Contrary to law.


_____________, Philippines, _________ Date


PROSECUTOR

WITNESSES:

____________________________ ____________________________


(Certificate of Preliminary Investigation)

1. The undersigned accuses.. AT ABOUT.... IN........


WITHIN THE JURISDICTION OF THIS HONORABLE COURT
2. WITH INTENT TO KILL...
3. CONTRARY TO LAW
4. PROSECUTOR
5. WITNESSES
M. Retainer agreement

RETAINER CONTRACT


KNOW ALL PERSONS BY THESE PRESENTS:

This CONTRACT made and executed and between:


_____________ CLIENT, a domestic corporation duly organized and existing under and by virtue of the laws of the
Republic of the Philippines with principal office at _________________ Philippines and represented in this act by its
__________ (Position), _____________ (Name of officer) (Hereinafter referred to as the “CLIENT”); 


That the authority of said officer is evidenced by a BOARD RESOLUTION number 123 dated 12 June 2021, a copy
therewith is attached and made an integral part of this contract.



— and —

______________ LAW FIRM, a law firm organized under and by virtue of the laws of the Republic of the Philippines as
a general professional partnership, with principal office at ________________, Philippines and represented in this act
by its Managing Partner Atty. Nilo T. Divina, (Hereinafter referred to as :”LAW FIRM”)


RETAINER AGREEMENT


1. Duration / Term


2. Obligation of the firm


3. Fees


4. Rates for certain cases 


5. Any violation of the terms and conditions of the contract by the LAW FIRM shall give the CLUENT the option to
rescind or cancel immediately the contract without necessity of judicial proceedings.


 1. KAPBTP
2. NAME OF CLIENT + personal circumstances - and -
3. LAW FIRM + personal circumstances
4. RETAINED AGREEMENT + stipulations

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