LEGAL FORMS SYLLABUS

I. OVERVIEW ON DRAFTING DOCUMENTS AND PLEADINGS

Cardinal rules in drafting legal documents; form and size; notarial law; typewritten or handwritten documents;
fees payable (notarial, stamp taxes, land registration; chattel mortgage, court fees, sheriff’s, costs)

Drafting – the act of writing legal documents

Draft – necessary details about the case, rough document prepared by lawyer

a. Cardinal Rules in Drafting Legal Documents

Clear, concise, accurate, engaging, elegance
Correctness
- Follow standard written English
- Use plain language
- Obey the rules of grammar
- Apply the professional and formal tone
Accuracy - Be consistent with words. Choose the right words
Clarity - avoid ambiguous and vague language
Use specific instead of general words
Conciseness
- Be concise. Be brief.
- Go direct to the point.
- Omit needless words.
- Avoid weasel words
- Avoid “throat-clearing” words or needless preambles
- Prefer the short word to the long.
- Avoid needless repetition
- Shorten sentences.
- Keep paragraphs generally short.
- Put related information in a sequence or list style.
Simplicity
- Avoid legal jargon as much as possible.
- Be selective in citing cases.
- Avoid lengthy quotation
Organization
- Guide the reader with headings
- Use transitions for coherence
- Use parallel phrasing for parallel ideas
Persuasiveness

b. Form and Size

A. The Document Size
As a general rule, the size of every legal form is 8.5" x 13", the legal size coupon bond. However there are some
exceptions to this rule. When preparing (1) Negotiable Instruments, (2) Contracts and (3) Special Power of
Attorneys, there is usually no preferred size.

B. Margins:
The customary practice for margins in legal forms is not less than one and a half (1 1/2) inches for both the top
and left side of the form. The right side of the form usually has smaller margin but close to the margins on the left
and top side.

C. Notarial Seal
It is impressed at the end of the document where the document, page, book numbers and series of the notarial seal
are indicated. If the document is consist of more than one page, the notarial seal must be impressed on every page
thereof.

D. The Form for Non-Litigation Forms

The declarations can be enumerated by using: (1) WHEREAS before each declaration or (2) by numbering each
declaration.
In using the WHEREAS clauses, the form must be ended with a THEREFORE clause. They start with the
announcement KNOW ALL MEN BY THESE PRESENTS, and end with IN WITNESS WHEREOF.
If the document needs to be acknowledged, the signature of two witnesses in required.

E. Legal Sources
1. Rule 7, Rules of Court- Parts of a Pleading
2. Rule 9, Sections 1 and 11, Rules of Court- Effects of Failure to Plead
3. Rule 8, Sections 1 to 4, Rules of Court- Manner of Making Allegations in Pleadings

[EFFICIENT USE OF PAPER RULE* (A.M. No. 11-9-4-SC)]

All pleadings, motions and similar papers intended for the court and quasi-judicial body’s consideration
and action (court-bound papers) shall:
1. be written in single space
2. with a one-and-a-half space between paragraphs,
3. using an easily readable font style of the party’s choice,
4. of 14-size font, and
5. on a 13-inch by 8.5-inch white bond paper; and (sec. 3a)

All decisions, resolutions, and orders issued by courts and by quasi-judicial bodies under the
administrative supervision of the Supreme Court shall comply with these requirements. Similarly covered are the
reports submitted to the courts and transcripts of stenographic notes (sec. 3b)

Margins and Prints

The parties shall maintain the following margins on all court-bound papers:
1. left margin of 1.5 inches from the edge; and
2. upper margin of 1.2 inches from the edge;
3. right margin of 1.0 inch from the edge; and
4. lower margin of 1.0 inch from the edge.
5. Every page must be consecutively numbered (sec. 4)

Copies to be Filed
1. Supreme Court
En Banc
- One original (properly marked)
- 14 additional copies
- 2 sets of annexes (1 attached to the original and an extra copy)

Division
- One original (properly marked)
- 4 additional copies
- 2 sets of annexes (1 attached to the original and an extra copy)

Parties to cases before the Supreme Court are further required, on voluntary basis for the first six months
following the effectivity of this Rule and compulsory afterwards unless the period is extended to submit:
 - Simultaneously with their court-bound papers, soft copies of the same and their annexes (the latter in
PDF format) either by email to the Court‟s e-mail address or
- By compact disc (CD).

2. Court of Appeals and the Sandiganbayan

- One original (properly marked)
- 2 copies with their annexes.

3. Court of Tax Appeals

- One original (properly marked)
- 2 copies with their annexes
On appeal to the En Banc
- One original (properly marked)
- Eight copies with annexes

4. Other courts
- One original (properly marked) with the stated annexes attached to it

Annexes Served on Adverse Party

A party required by the rules to serve a copy of his court-bound paper on the adverse party need not
enclose copies of those annexes that based on the record of the court such party already has in his possession. In
any event a party requests a set of the annexes actually filed with the court, the party who filed the paper shall
comply with the request within five days from receipt (sec. 6)

c. Notarial Law [2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)]

The history of the notarial law in the Philippines can be traced back to the early days of the Spanish era
where the functions of the notary public has been exercised by the clerks of court in accordance with the law of
the Indies. A notary public is an officer whose duty is to attest the genuineness of any deed or writing in order to
render it available as evidence of facts therein contained. What the notary public does are legal forms which are
defined as models of instruments or legal proceedings, containing the substance and the principal terms, to be
used in accordance with the laws.

d. Typewritten or Handwritten Documents

e. Fees payable
A notary public shall not require payment of any fees prior to the performance of a notarial act unless
otherwise agreed upon. It is likewise prohibited to collect any fee or compensation of any kind except those
expressly provided in the Rules15 such as the notarial fees and travel fees and expenses when traveling to
perform a notarial act.