Warriors Notes 2022 Practical Exercises in Civil Law

PREPARED BY: ATTY.
EDMAR LERIOS
WARRIORS’ NOTES 2022

Warriors’ Notes 2022 PRACTICE EXERCISES IN CIVIL LAW
1. DEMAND AND AUTHORIZATION LETTERS, SAMPLES
1
Form No. 1: Authorization Letter

August 1, 2022
The Honorable Clerk of Court

Regional Trial Court, Branch 55
Mandaue City, Philippines
Authorization Letter
Dear Hon. Clerk of Court,
This is to authorize Mr. Tommy A. Bullecer of Tequillo Suson Manuales Lerios & Rosales Law
Offices to request and receive an original or certified true copy of the Finality of Judgment or
Entry of Judgment of the Decision in this case and the Order dated March 10, 2020, which
among others ordered the Register of Deeds of Mandaue to issue a new certificate of title in my
name, Pastora B. Sereno. A copy of the Order is hereto attached as Annex ‘A’.
These documents are needed to facilitate the issuance and release of the new title in the
Register of Deeds of Mandaue City.
This also authorizes Mr. Bullecer to request relevant documents and court papers in the case
of John D. Garcia v. Pastora B. Sereno, docketed as Civil Case No. MAN-123456.
Thank you.
Very truly yours,
(Signature)
Maria Priscilla Senerpida Melendres
Authorized Representative:
(Signature)
Tommy A. Bullecer
2
Form No. 2: Notarized Authorization Letter
August 29, 2022
Administrator
Land Registration Authority
East Avenue cor NIA Road,
Diliman, Quezon City
Authorization Letter
To Whom this May Concern:
I write this letter to authorize Mr. Juan M. dela Cruz, of legal age, Filipino, and a resident
of Brgy. Tisa, Cebu City, whose signature appears below, to secure two sets of Certified True Copies
of Transfer Certificate of Title No. 1234-56 registered in my name.
This letter also authorizes Mr. dela Cruz to request certified copies of the transfer documents
or any relevant instruments, which were made the basis of the transfer of the title in my name. I
need the TCTs, its derivative titles, and transfer documents, for purposes of filing a Petition to cancel
the annotation on my title.
Thank you for your usual prompt action.
Very truly yours,
(Signature)
Maria Lourdes P. Rizal
Authorized Representative:
(Signature)
Juan M. dela Cruz
SUBSCRIBED AND SWORN TO before me in Cebu City, this 29th day of August 2022, by
Maria Lourdes P. Rizal, who has satisfactorily proven to me her identity through her Driver’s License
ID No. 765432-10, issued by Land Transportation Office, and valid until 2025-08-10, to be the same
person who presented and personally signed before me this Authorization Letter and attested that
the contents thereof are true and correct, and that she voluntarily executed the same.
(Signature and Seal of the Notary Public)
3
Form No. 3: Authorization (in the form of Special Power of Attorney)
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, Mary Juana V. dela Cruz, of legal age, single, Filipino, and a resident of Lapu-Lapu City, do
hereby appoint, name, and constitute Mr. Jesse James A. Acusar as my true and lawful attorney-
in-fact to act, in my place and stead, to do and perform the following acts, to wit:
1. To request and receive a Certified True Copy of the Decision, Entry of Judgment, and
Certificate of Finality of Civil Case No. 12345678-CV entitled Mary Juana V. dela Cruz v.
Steven E. Francisco at the Regional Trial Court, Lapu-Lapu City;
2. To represent me in the registration or annotation of the Nullity of Marriage Decision, Entry of
Judgment, or Certificate of Finality in the Local Civil Registrar, Civil Registrar, and Philippine
Statistics Office;
3. To sign, execute, deliver and receive the necessary documents, forms, petitions, or papers
necessary or required to affect or complete the registration;
4. To receive or acknowledge receipt of documents on my behalf; and
5. To do any other act that may be required to carry out effectively all of the purposes for which
this authority is given;
HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority to do and
perform any and every act, and thing whatsoever requisite and necessary to be done in and about
the premises, as fully to all intents and purposes as I might or could lawfully do if personally present
and hereby ratifying and confirming all that my attorney-in-fact shall lawfully do or cause to be done
by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th day of August 2022 at
Lapu-Lapu City, Philippines.
(Signature)
MARY JUANA V. DELA CRUZ
Principal
Conforme:
(Signature)
JESSE JAMES A. ACUSAR
Attorney-in-fact
ACKNOWLEDGMENT
Republic of the Philippines)
City of Lapu-Lapu ) S.s.
BEFORE ME, a Notary Public, for and in the City of Lapu-Lapu personally appeared Mary Juana
V. Dela Cruz, with her Passport No. P1960109A, issued by DFA, valid until September 10, 2023,
known to me to be the same person who executed the foregoing instrument consisting of 2 pages,
including this page on which this acknowledgment is written, and who acknowledged to me that the
same is her free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL this 30th day of August 2022 at Lapu-Lapu City,
Philippines.
4
Form No. 4: General Power of Attorney (Acts of Administration)
GENERAL POWER OF ATTORNEY
I, Juana G. dela Cruz, Jr. of legal age, single, Filipino, and a resident of Cebu City, do hereby
appoint, name, and constitute Mr. Pedro S. Dalisay as my true and lawful attorney-in-fact to act,
in my name, place, and stead, to manage and administer my properties, and for that purpose, do
and perform the following acts, to wit:
1. Manage, preserve, maintain, and cause the repairs of my properties consisting of a house
and lot, an apartment, and condominium units located in Guadalupe, Cebu City;
2. Pay the real estate taxes due thereon;
3. Update and pay the insurance policies over these properties;
4. Perform such acts necessary to protect my properties from any squatters, illegal
occupants, trespassers, or intruders; and
5. Execute all acts of administration or management of my properties as fully and effectually
for all intents and purposes as I could have done if personally present.
HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority to do
and perform any act necessary to be done in and about the premises, as fully to all intents and
purposes as I might or could lawfully do if personally present and hereby ratifying and confirming all
that my attorney-in-fact shall lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th day of August 2022 at
Cebu City, Philippines.
(Signature)
JUAN G. DELA CRUZ, JR.
Principal
Conforme:
(Signature)
PEDRO S. DALISAY
Attorney-in-fact
Signed in the Presence of:
________________ ________________
ACKNOWLEDGMENT
Republic of the Philippines)
City of Cebu. ) S.s.
BEFORE ME, a Notary Public, for and in the City of Cebu personally appeared Juan G. Dela
Cruz, Jr. with his Passport No. P1960109A, issued by DFA, valid until September 10, 2023, known to
me to be the same person who executed the foregoing instrument, and who acknowledged to me
that the same is his free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL this 30th day of August 2022 at Lapu-Lapu City,
Philippines.
5
Form No. 5: Special Power of Attorney (Lease, Sale or Acts of Strict Dominion)
We, Spouses Ricardo and Julia Rodriguez. of legal age, married, Filipinos, and residents
of Cebu City, do hereby appoint, name, and constitute Ms. Jacinta S. Rodriguez as our true and
lawful attorney-in-fact to act, in our name, place, and stead, to exercise acts of strict dominion
involving our parcel of land, described as follows:
Transfer Certificate of Title No. ABC-12345

(technical description)
As our Attorney-in-fact, Jacinta S. Rodriguez, shall have full powers to do and perform acts
on our behalf that we could do personally including the following:
(1) To sell, lease, convey, or transfer the above-described property;
(2) To execute and sign a deed of absolute sale, contract to sell, lease agreement, and any
other instruments or documents necessary for the lease, sale, or conveyance of our
property covered by TCT No. ABC-12345; and
(3) To pay the real property taxes, capital gains tax, transfer tax, documentary tax, and other
taxes, fees, and charges in relation to the lease or transfer of the property, including all
necessary deeds and acts for the issuance of a Certificate Authorizing Registration;
HEREBY GIVING AND GRANTING unto our said attorney-in-fact full power and authority to do
and perform any act necessary to be done in and about the premises, as fully to all intents and
purposes as we might or could lawfully do if personally present and hereby ratifying and confirming
all that our attorney-in-fact shall lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, we have hereunto affixed my signature this 30th day of September
2022 at Cebu City, Philippines.
(Signature) (Signature)
RICARDO T. DALISAY JULIA A. DALISAY
Principal Principal
Conforme:
(Signature)
JACINTA S. RODRIGUEZ
Attorney-in-fact
________________ ________________
(ACKNOWLEDGMENT)
6
Form No. 6: Special Power of Attorney (Pre-Trial & Trial):
I, Celia M. Gutierrez, of legal age, Filipino, married and a resident of West Caithness Place,
Denver, Colorado 80211, do hereby name, appoint, and constitute, Ruben S. Cruz, of legal age,
Filipino, and a resident of Gov. Cuenco Ave., Banilad, Cebu City, Philippines, and the law firm of
Tequillo Suson Manuales Lerios & Rosales Law Offices, through Atty. Edmar D. Lerios or any
of its lawyers, to be my attorneys-in-fact, for me and in my name, place, and stead, to represent me
and defend my interest before any and all courts, quasi-judicial bodies, government entities,
including the authority to do the following:
1. Appear in all mediation, arbitration, and judicial dispute resolution;

2. To attend the preliminary conferences, pre-trial, and trial proceedings;
3. Negotiate and enter into amicable settlements, including the execution of Compromise
Agreements or Contracts relating to the settlement of Civil Case No. 12345-CEB;
4. Submit to any other alternative modes of dispute resolution;
5. Enter into stipulations or admissions of facts and of documents; and
6. Exercise acts enumerated under Section 2, Rule 18 of the Rules of Court.
HEREBY GIVING AND GRANTING to my said attorneys-in-fact full power and authority to
do and perform all the requisite acts to carry into effect the foregoing, as fully to all intents and
purposes as I might or could lawfully do if personally present.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30 th day of September

Celia M. Gutierrez
________________________ ________________________
(ACKNOWLEDGMENT)
7
Form No. 7: Demand to Pay (with Notice of Dishonor)
August 22, 2022

Mr. Juan dela Cruz III
GP Bldg, Pier 2 Arellano Blvd,
Cebu City, Cebu
Formal Demand & Notice of Dishonor

Dear Mr. dela Cruz,
On behalf of our client, Peter Paul H. Bonifacio, we write this letter to demand payment of
your debt in the sum of One Million One Hundred Sixty Thousand Five Hundred Forty-Four Pesos &
66/100 (P1,160,544.66). This amount represents your unpaid obligation for purchasing and
receiving fuels or oil from our client.
This is also to notify you that the check you issued in the amount of P1,160,544.66 has been
dishonored by the bank. The check is described as Chinabank Check No. 123456789 dated August
5, 2022, which bounced because of insufficiency of funds (DAIF).
Hence, you shall have five (5) days from receipt of this letter to pay or make good the value
of your check. If you fail to pay within this period, we will be constrained to initiate the appropriate
legal action. But if you wish to settle this matter, you may directly respond to this letter or contact
our law office.
If we hear nothing from you, please consider this as our final notice of litigation.
Very truly yours,
(Signature)
Atty. Crisostomo Ibarra, Jr.
Upon my instance:
(Signature)
Peter Paul H. Bonifacio
8
Form No. 8: Demand to Pay Rent and Vacate
August 22, 2022

Ms. Maria Korina C. Abad
Unit 303, Building 3, Phase 2
Ayala Heights, Cebu City, Cebu
Demand to Pay Rent and to Vacate the Property
Our client, Mr. John Lloyd O. Santacruz, referred to us for appropriate legal action your
refusal to pay your rent. Under your contract of lease, you are supposed to pay every 15 th day of the
month the sum of P25,000.00 for the condominium unit described as Unit 303, Building 3, Phase 2,
Ayala Heights, Cebu City. But as of today, you have missed ten months of rent. Because of this, you
owe our client the total amount of P250,000.00, exclusive of penalties.
Our client has been pleading with you to vacate this property but his pleas have been left
unanswered. Despite countless oral demands, you have refused to surrender the possession of this
condo unit.
Hence, we make this final demand for you to pay your unpaid rental and for you to vacate
the property within fifteen (15) days from notice hereof. If you fail to heed this demand, we shall be
constrained to institute appropriate actions against you to protect our client’s interest.
We trust that you will give this matter your preferential attention.
Very truly yours,
(Signature)
Atty. Crisostomo Ibarra, Jr.
Upon my instance:
(Signature)
Mr. John Lloyd O. Santacruz
9
2. SIMPLE CONTRACTS, ANNOTATED
10
Form No. 1: Contract to Sell (Real Property)
Rules & Principles

 The transfer of ownership in a contract to sell is subject to a suspensive condition which is
usually full payment of the purchase price (Article 1478, Civil Code).
 The happening or non-happening of the suspensive condition (like full payment of the price)
prevents the contract from obtaining obligatory force.
 Ownership over the property is retained by the seller, regardless of delivery, and is not to
pass until full payment of the price.
 Since the seller retains ownership, despite delivery, he is enforcing and not rescinding the
contract if he seeks to oust the buyer for failure to pay.
Keywords & Standard Clauses

 “the BUYER will pay the SELLER the purchase price, in installment, and in the following
manner…”
 “the SELLER retains ownership over the subject property until full payment of the purchase
price. Upon full payment of the price, the SELLER shall execute a Deed of Absolute Sale in
favor of the BUYERS.”
CONTRACT TO SELL
This Contract to Sell, hereinafter referred to as the “CTS” for easier reference, is entered into
at Cebu City, Philippines, this 4th day of September 2022, by and between:
ELIZABETH R. MARCOS, Filipino, widow, of legal age, and residing at

Pulang Bato, Cebu City, Philippines, hereinafter called the ‘SELLER’;
-and-
SPS. FERDINAND A. ESTRADA AND KRISANTA B. ESTRADA,

Filipinos, both of legal age, and residing at Victoria Village, Tabunok,
Talisay City, Philippines, hereinafter called the ‘BUYERS’;
WITNESSETH:
WHEREAS, the SELLER owns a parcel of land known as Lot No. 10628-B-2 located at Pulang
Bato, Cebu City, Philippines, covered by Original Certificate of Title No. 01-2-3456-7;
WHEREAS, the SELLER desires to sell this lot, with an area of 128 square meters, including
all improvements found therein, and the BUYERS are able and willing to purchase the same under
the terms and conditions set forth below:
NOW, THEREFORE, for and in consideration of the foregoing premises and the terms and
conditions herein set forth, the SELLER and the BUYERS agree, covenant, and stipulate as follows:
1. SUBJECT PROPERTY. Lot 10628-B-2-Part with an area of 128 square meters, more
particularly described as follows:
OCT No. 01-2-3456-7

(technical description of the property)
2. PURCHASE PRICE. The total consideration for the sale of the subject property, including
any and all improvements found therein, shall be Nine Hundred Thousand Pesos
(P900,000.00), Philippine Currency;
11
3. MANNER OF PAYMENT. Under this Agreement, the BUYERS will pay the SELLER the
purchase price, in installment, and in the following manner:
a. Upon the signing of this Contract, the BUYER shall pay the SELLERS the sum of Five
Hundred Thousand Pesos (P500,000.00) as down payment or earnest money;
b. The payment of the remaining Four Hundred Thousand Pesos (P400,000.00) shall be
made in staggered or installments, to wit:
 P50,000.00 – on October 15, 2022
 P50,000.00 – on November 17, 2022
 P50,000.00 – on December 17, 2022
 P50,000.00 – on January 17, 2023
 P50,000.00 – on February 17, 2023
 P50,000.00 – on March 17, 2023
 P50,000.00 – on April 17, 2023;
 P50,000.00 – on May 17, 2023
4. TAXES, COMMISSION, & FEES. The BUYERS agree to pay all the taxes, such as capital
gains tax, documentary stamp tax, transfer tax, notarial fee, and broker’s commission.
5. WARRANTIES. Upon the signing of this Deed, the SELLER AND BUYERS warrant to make
the following representations:
1. The SELLER warrants that she is the absolute owner of the subject property with the
valid right to sell and transfer the same, free from all liens, encumbrances, charges,
and adverse claims.
2. The SELLER warrants that the BUYERS shall not be disturbed of their possession over
the subject property, that the subject property is devoid of occupants of whatever
nature, and that it is not involved in any litigation.
3. The BUYERS warrant that it has the capacity to fully pay the purchase price and shall
pay the installment payments on time.
6. OWNERSHIP & FULL PAYMENT. The SELLER retains ownership over the subject
property until full payment of the purchase price. Upon full payment of the price, the
SELLER shall execute a Deed of Absolute Sale in favor of the BUYERS. The SELLER shall
likewise deliver any and all documents, including but not limited to the owner’s duplicate
of the Original Certificate of Title, certified true copy of the Tax Declaration, and all other
documents necessary for the transfer of ownership.
7. BREACH. In case the SELLER fails to comply with any of the terms and obligations stated
in this Contract, the BUYERS shall be entitled to a full refund plus 2% interest per month.
IN WITNESS WHEREOF, the parties have hereunto set their hands on this 4th day of
September 2022 in Cebu City, Philippines.
(Signature)
ELIZABETH R. MARCOS
Seller
Senior Citizen ID No: 32850
FERDINAND A. ESTRADA KRISANTA B. ESTRADA
Buyer Buyer
DL No. H02-11-003423 DL No. G01-12-002885
Valid until 2024-10-01 Valid until 2024-06-28
12
___________________________ ___________________________
ACKNOWLEDGMENT
BEFORE ME, A Notary Public, for Cebu City, on this 4TH of September 2022 personally
appeared Elizabeth R. Marcos, Ferdinand A. Estrada, and Krisanta B. Estrada, with their respective
competent proofs of identity aforementioned. They are known to me and to me known to be the
same persons who executed the foregoing CTS and who acknowledged to me that the same is their
free act and voluntary deed. The foregoing CTS consists of two (2) pages including this page where
the acknowledgment is written, and has been signed by the parties and witnesses on each and every
page thereof.
WITNESS MY HAND AND NOTARIAL SEAL on the day, year and place first above-written.
13
Form No. 2: Deed of Absolute Sale (Real Property)
Rules & Principles
 By the contract of sale, one of the contracting parties obligates himself to transfer the
ownership and to deliver a determinate thing, and the other to pay therefor a price certain in
money or its equivalent (Art. 1458, Civil Code).
 Parties: Seller and the Buyer; Vendor and the Vendee
 Both the seller and the buyer have reciprocal or corresponding obligations to give under a
contract of sale. The buyer is obligated to pay the price while the seller will deliver and transfer
the ownership of the things sold.
 Elements: (1) consent or meeting of the minds, i.e., consent to transfer ownership in
exchange for price; (2) the object of the contract may be a determinate thing or something
that is determinable; (3) the consideration, which is a price certain in money or its equivalent.
 The principal obligation of the vendor is to transfer the ownership of and deliver, as well as
warrant the thing which is the object of the sale.
 “the VENDOR does hereby SELL, TRANSFER and CONVEY the subject property to the VENDEE,
her heirs, successors and assigns, absolutely and free from all liens or encumbrances”
 “The VENDORS undertake that they, their heirs, successors, and assigns shall warrant and
defend the title to the subject property against all adverse claims. The VENDORS also
guarantee the right of the VENDEES to take possession and full ownership of the subject
property upon the signing and execution of this agreement and will defend the latter against
all judicial or administrative actions for eviction”
DEED OF ABSOLUTE SALE
This Deed of Absolute Sale is made and entered into by and between:
SPOUSES ROMEO S. DY AND JULIET U. DY, both of legal age, Filipinos, married,
and residents 33 Paseo Emilio, Maria Luisa, Banilad, Cebu City, hereinafter called the
VENDORS;
- and –
LENNIE R. CHU, of legal age, Filipino, married, and a resident of No. 9 Paseo Quirico
St., Maria Luisa Estate Park, Cebu City, hereinafter called the VENDEE;
WHEREAS, the VENDORS are the registered owners of a parcel of land known as Lot No.
5349-A, located at Brgy. Bulacao, Pardo, Cebu City, referred to here as the “subject property,” and
particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO. 12345

WHEREAS, the VENDORS offered to sell and the VENDEE accepted to buy the subject
property, under certain terms and conditions mutually acceptable to them;
NOW THEREFORE, for and in consideration of the sum of Ten Million Pesos
(P10,000,000.00), Philippine Currency, receipt of which is hereby acknowledged by the VENDORS
14
to their full satisfaction, the VENDORS do hereby SELL, TRANSFER and CONVEY the subject
property to the VENDEE, her heirs, successors and assigns, absolutely and free from all liens or
encumbrances.
The VENDORS shall pay for the capital gains tax, while the VENDEE shall pay for the
documentary stamp tax and all other fees or expenses in connection to the transfer of ownership.
The VENDORS undertake that they, their heirs, successors and assigns shall warrant and
defend the title to the subject property against all adverse claims. The VENDORS also guarantee the
right of the VENDEES to take possession and full ownership of the subject property upon the signing
and execution of this agreement and will defend the latter against all judicial or administrative actions
for eviction.
This Agreement shall be valid and binding not only on the parties herein but also on their
heirs, agents, representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have affixed their signatures this 24th of September
ROMEO S. DY JULIET U. DY
Vendors Vendors
(Signature)
LENNIE R. CHU
Vendee
Witnesses:
_____________________ ____________________
(ACKNOWLEDGEMENT)
15
Form No. 3: Dacion en Pago
Rules & Principles
Distinction between Sale and Dation in Payment:
 In dacion en pago, there is a pre-existing credit; in sale, there is no pre-existing credit.
 Dacion en pago extinguishes obligations; sale gives rise to obligations.
 The cause or consideration in dacion en pago, from the viewpoint of the person offering the
dation in payment, is extinguishing of his debt…from the viewpoint of the creditor, it is the
acquisition of the object offered in lieu of the original credit; the cause or consideration, in
sale, is the price, from the viewpoint of the seller, or obtaining of the object, from the
viewpoint of the buyer.
 In dacion en pago, there is less freedom in determining the price; in sale, there is greater
freedom in the determination of the price.
 In dacion en pago, the giving of the object in lieu of the credit may extinguish completely or
partially the credit (depending on the agreement); in sale, the giving of the price may
generally end the obligation of the buyer.
 “as full payment or extinguishment of the TRANSFEROR’s aforesaid obligation, the

TRANSFEROR hereby CONVEYS, CEDES, AND TRANSFERS the above-described property to
the TRANSFEREE, his heirs, assigns, and successors-in-interest, free from lien and
encumbrances”
DEED OF ASSIGNMENT
(DACION EN PAGO)
This Deed of Assignment is made and entered into by and between:
SPS. RICARDO H. ONG AND JOSEFA L. ONG, both of legal age, Filipinos, married,
and residents 33 Paseo Emilio, Maria Luisa, Banilad, Cebu City, hereinafter called the
TRANSFERORS;
- and –
LORENA T. YAP, of legal age, Filipino, married, and a resident of No. 9 Paseo Quirico
St., Maria Luisa Estate Park, Cebu City, hereinafter called the TRANFERRREE;
WHEREAS, the TRANSFEROR has an existing unpaid obligation to the TRANSFEREE in the
amount of Three Million Pesos (P3,000,000.00);
WHEREAS, the TRANSFEROR offered to settle his obligation, and the TRANSFEREE accepted
the offer, by way of transfer or assignment of the former’s parcel of land located at Diamond Street,
Brgy. Tisa, Cebu City with an area of 500 square meters, covered by Transfer Certificate of Title No.
12345, and more particularly described as follows:
TCT No. 12345

NOW THEREFORE, as full payment or extinguishment of the TRANSFEROR’s aforesaid

obligation, the TRANSFEROR hereby CONVEYS, CEDES, AND TRANSFERS the above-described
property to the TRANSFEREE, his heirs, assigns, and successors-in-interest, free from lien and
encumbrances.
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IN WITNESS WHEREOF, the parties have affixed their signatures this 2nd day of September
RICARDO H. ONG JOSEFA L. ONG
Transferor Transferor
(Signature)
LORENA T. YAP
Transferee
Witnesses:
_____________________ ____________________
(ACKNOWLEDGEMENT)
17
Form No. 4. Lease Agreement (with right of first refusal)
Rules & Principles

 In a contract of lease, one of the parties binds himself to give to another the enjoyment or
use of a thing for a price certain, and for a period (Art. 1642, Civil Code).
 Lease is a consensual, bilateral, onerous, and commutative contract by which the owner
temporarily grants the use of his property to another who undertakes to pay the rent.
 A lessee can sublease the property in whole or in part he is leasing if there is no express
prohibition in the contract.
 If the lease was made for a determinate time, it ceases upon the day fixed, without the need
of a demand.
 A lease may be renewed by the parties upon mutual agreement. Where the renewal of the
original lease is subject to the terms and conditions as may be agreed upon by the parties,
the renewal is not automatic.
 Right of First Refusal. When a lease contract contains a right of first refusal, the lessor has
the legal duty to the lessee not to sell the leased property to anyone at any price until after
the lessor has made an offer to sell the property to the lessee and the lessee has failed to
accept it. Only after the lessee has failed to exercise his right of first priority could the lessor
sell the property to other buyers under the same terms and conditions offered to the lessee,
or under terms and conditions more favorable to the lessor.
 “for and in consideration of the payment of the rent, the LESSOR leases to the LESSEE a
(property description)…”
 “In consideration of the faithful performances of all the stipulations of this contract, the
LESSEE agrees to pay the LESSOR a monthly rental of…”
CONTRACT OF LEASE
This Contract of Lease is entered into by and between:
MARIA P. DELA CRUZ, of legal age, Filipino, and a resident of ECB Building #16
Doña Juliana Street Avenue Libertad, Bacolod City, Philippines, hereinafter referred
to as the LESSOR,
-and-
BODY AND MIND REHABILITATION CENTER, INC. a corporation duly organized

and existing in accordance with the laws of the Philippines, represented by its
President JUAN C. GERONIMO, with principal place of business at Cebu City,
hereinafter called the LESSEE,
WITNESSETH:
That for and in consideration of the payment of the rent, the LESSOR leases to the LESSEE a
two-story residential house and lot, together with all the furnishings and appliances, situated at
House No. 3, Greensville II Brgy. Villamonte, Bacolod City Philippines, subject to the following terms
and conditions:
1. Term of the Lease. That the LESSEE shall rent the premises for a period of twenty-four
(24) months starting August 1, 2022 until July 31, 2024.
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2. Use and Purpose. The LESSEE agrees to use the premises exclusively for the
rehabilitation center and is hereby prohibited to use said property for any other purposes
without the prior written content of the LESSOR;
3. Payment of Rent. In consideration of the faithful performance of all the stipulations of

this contract, the LESSEE agrees to pay the LESSOR a monthly rental of Fifty Thousand
Pesos (P50,000.00), which shall be due every 16th day of the calendar month.
4. Security Deposit. Upon signing of this agreement, the LESSEE shall pay the LESSOR the
total amount of One Hundred Fifty Thousand (P150,000.00) representing two months'
deposit and one month advance. These security deposits shall be applied in payment of
back rents, if any, upon the termination of this contract, as well as any damages to the
leased premises due to the fault of the LESSEE.
5. Sublease and Transfer of Rights. The LESSEE shall not assign, convey or otherwise
dispose of its rights under this contract to any third party. It shall not sublease any portion
of the premises without the prior written consent of the LESSOR.
6. Repairs and Improvements. The LESSEE shall neither make any alterations nor
introduce any improvements or structure whether ornamental or permanent without the
prior written consent of the LESSOR.
7. Maintenance Responsibilities. The LESSEE shall keep the premises clean, sanitary,
and in good condition and, upon the termination of the tenancy, return the premises to
LESSOR in a condition identical to that which existed when LESSEE took occupancy,
except for ordinary wear and tear.
8. Utilities. The LESSEE shall pay for the actual consumption of light, electricity, water,
telephone, Internet, monthly association dues, and other utilities within the leased
premises.
9. Inspection of Premises. The LESSOR or her duly authorized representative reserves

the right to inspect the leased premises at any reasonable hours of the day.
10. Right of First Refusal. In case the LESSOR should ever sell the premises during the
term of this contract, the LESSEE shall have the preferential right or right of first refusal
to purchase the property. In the event that the property is purchased by someone other
than the LESSEE, the new owner shall be made to respect all terms and conditions of this
contract until its expiration.
IN WITNESS WHEREOF, the parties hereto subscribed their names on 31st of July 2022 , at
the City of Bacolod, Philippines.
MARIA P. DELA CRUZ BODY AND MIND REHABILITATION CENTER, INC.

LESSOR LESSEE
Represented by:
JUAN C. GERONIMO
________________________ __________________________
(ACKNOWLEDGMENT)
19
Form No. 5: Deed of Donation
Rules & Principles
 A donation is an act of liberality whereby a person disposes gratuitously of a thing or right in

favor of another who accepts it.
 In addition to the object, cause, and consent of the parties, the following requisites must
concur: (1) the donor must have the capacity to make the donation at the time it was made—
the donor must be a person who may contract and dispose of his or her property; (2) the
donor must have donative intent; (3) in certain cases, the donation must comply with certain
formal requirements; (4) the thing donated must be delivered; and (5) the done must accept
the donation.
 The donation of immovable property must be in a public instrument specifying the property
donated and the value of the charges which the done must satisfy.
Keywords & Standard Clause
 “for and in consideration of liberality and pure generosity, the DONOR hereby GIVES,
TRANSFERS, and CONVEYS by way of donation to the DONEES, their heirs and assigns, the
above-described property, and the DONEES hereby accept the donation”
DEED OF DONATION
This Deed of Donation is made and executed on 31st day of August 2022 and entered into
by:
JOSE M. GITGANO, of legal age, Filipino, married to JUANA D. GITGANO, and resident of
Juana. Osmeña Extension, Purok 8, Camputhaw, Cebu City, Philippines, hereinafter referred to as
the DONOR;
-AND-
SPS. MIGUEL D. GITGANO AND MARIA C. GITGANO, of legal age, married, Filipino, and
with residence and postal address Camputhaw, Cebu City, respectively, hereinafter referred to as
the DONEES;
WITNESSETH:
WHEREAS the DONOR owns a parcel of land located at Barangay Linao, Talisay City, Cebu,
Philippines covered by Transfer Certificate of Title No. T-123456 and more particularly described as
follows:
TCT NO. T-123456

WHEREAS, the DONOR has offered to give, gift, or donate the subject property, and the
DONEES hereby accept the donation of this parcel of land from the DONOR;
WHEREAS, the DONOR states that he has reserved to himself sufficient property, in full
ownership or in usufruct, which is necessary and adequate for his support in consonance with his
standing in society;
NOW, THEREFORE, for and in consideration of liberality and pure generosity, the DONOR
hereby GIVES, TRANSFERS, and CONVEYS by way of donation to the DONEES, their heirs and
assigns, the above-described property, and the DONEES hereby accept the donation.
20
IN WITNESS WHEREOF, the parties have set their hands on the 31st day of August 2022, at
the City of Cebu.
JOSE M. GITGANO JUANA D. GITGANO

Donor Donor
MIGUEL D. GITGANO MARIA C. GITGANO

Donee Donee
__________________________ ____________________________
(ACKNOWLEDGMENT)
21
Form No. 6: Chattel Mortgage
Rules & Principles

 Chattel mortgage is an accessory contract by virtue of which personal property is recorded
in the Chatter Mortgage Register as security for the performance of an obligation.
 It covers personal or movable properties, as subject matter, including shares of stocks and
interest in business.
 The mortgaged property serves as a security for the principal obligation
 The chatter mortgage cannot exist as an independent contract since its consideration is the
same as that of the principal contract. A principal obligation is an indispensable condition for
the existence of an accessory contract.
 “in consideration of this indebtedness and to assure the performance of the obligation to pay,
the MORTGAGOR does hereby CONVEY AND DELIVER BY WAY OF CHATTEL MORTGAGE
to the MORTGAGEE…”
 “should the MORTGAGOR pay his obligation, together with the interest thereon, this chattel
mortgage shall be discharged, become null and void, and have no force and effect”
DEED OF CHATTEL MORTGAGE
KNOW AL MEN BY THESE PRESENTS:
This Agreement is made and entered into by and between:
JUAN J. DELA CRUZ III, of legal age, Filipino, single, and residing at Banilad Estate,
Cebu City, hereinafter known as the MORTGAGOR;
- and -
PEDRO P. PASCUAL, also of legal age, Filipino, single, and residing at Tabunok, Talisay City,
hereinafter referred to as the MORTGAGEE;
WITNESSETH:
That the MORTGAGOR is indebted to the MORTGAGEE in the sum of One Million Pesos
(P1,000,000.00), Philippine Currency, receipt whereof is hereby acknowledged, payable within a
period of three years, with interest at the rate of 12% per year;
NOW THEREFORE, in consideration of this indebtedness and to assure the performance of the
obligation to pay, the MORTGAGOR does hereby CONVEY AND DELIVER BY WAY OF CHATTEL
MORTGAGE to the MORTGAGEE and the latter's heirs and assigns, the following personal property
now in the possession of said MORTGAGOR:
(description of the personal property)
Should the MORTGAGOR pay his obligation, together with the interest thereon, this chattel
mortgage shall be discharged, become null and void, and have no force and effect.
IN WITNESS WHEREOF, the parties have set their hands on the 1st day of September 2022,
in the City of Cebu.
JUAN J. DELA CRUZ III PEDRO P. PASCUAL

Mortgagor Mortgagee
22
_____________ _____________
AFFIDAVIT OF GOOD FAITH
We severally swear that the foregoing mortgage is made for the purpose of securing the
obligation specified in the conditions thereof, and for no other purpose, and that the same is a just
and valid obligation, and one not entered in for the purpose of fraud.

Mortgagor Mortgagee
(ACKNOWLEDGMENT)
23
Form No. 7: Real Estate Mortgage
Rules & Principles
 Real Estate Mortgage is an accessory contract by virtue of which real property is conveyed by
way of security and a lien is created over a specific real property or properties with the
condition that if the obligation secured is not paid, the mortgage may be foreclosed and the
property sold to answer for the mortgage credit.
 Parties: the mortgagor and the mortgagee. The mortgagor is the person who conveys the real
property by way of mortgage to secure an obligation while the mortgagee is the creditor
whose credit is secured by the mortgage.
 Subject matter: only immovable properties or real right over such immovable may be the
subject of a real estate mortgage.
 The mortgage constitutes an encumbrance on the real property. The right of the mortgagee
is a right in rem. The registered mortgage follows the property even if there is a change of
ownership.
 A blanket mortgage clause also known as a dragnet clause is one that is specifically phrased
to subsume all debts of past or future origin. It is a continuing security. A mortgage with a
dragnet clause makes available future loans without the need of executing another set of
security documents.
 “in consideration of the aforementioned indebtedness, the MORTGAGOR does hereby CONVEY
AND DELIVER BY WAY OF MORTGAGE to the MORTGAGEE and the latter's heirs and assigns,
the following parcel of land…”
 “if the MORTGAGOR fails to pay his principal obligation, then this mortgage shall be foreclosed
and the above-mentioned properties shall be sold in accordance with law. However, if the
MORTGAGOR pays his obligation together with the interest, then this mortgage shall be
discharged and shall have no force and effect”
DEED OF REAL ESTATE MORTGAGE
JUAN J. DELA CRUZ III, of legal age, Filipino, single, and residing at Banilad Estate, Cebu
City, hereinafter known as the MORTGAGOR;
- and -
hereinafter referred to as the MORTGAGEE;
WITNESSETH:
That the MORTGAGOR has a loan obligation to the MORTGAGEE in the sum of One Million
Pesos (P1,000,000.00), Philippine Currency, receipt whereof is hereby acknowledged, payable
within a period of three years, with interest at the rate of 12% per year;
NOW THEREFORE, in consideration of this indebtedness, the MORTGAGOR does hereby

CONVEY AND DELIVER BY WAY OF MORTGAGE to the MORTGAGEE and the latter's heirs and
assigns, the following parcel of land, together with all the improvements thereon and situated at
Street A, Victoria Village, Tabunok, Talisay City covered by Transfer Certificate of Title No. 123456,
of which the MORTGAGOR is the absolute owner, specifically described as follows:
24
TCT No. 123456

If the MORTGAGOR fails to pay his principal obligation, then this mortgage shall be foreclosed
and the above-mentioned properties shall be sold in accordance with law. However, if the
MORTGAGOR pays his obligation together with the interest, then this mortgage shall be discharged
and shall have no force and effect.

Mortgagor Mortgagee
_____________ _____________
(ACKNOWLEDGMENT)
25
Form No. 8: Pledge
Rules & Principles
 Pledge is an accessory contract by virtue of which personal property is delivered to the creditor
as a security for an obligation with the agreement that it can be sold at public auction in case
of non-payment to answer for the unpaid obligation or for the creditor to return the same in
case the principal obligation is paid.
 For the contract of pledge to be valid, it is necessary that (1) the pledge is constituted to
secure the fulfillment of a principal obligation; (2) the pledgor is the absolute owner of the
thing pledged; (3) the pledgor has free disposal of the property; (4) the thing pledged is
placed in the possession of the creditor, or of a third person by common agreement; and (5)
to take effect against third persons, the description of the thing pledged and the date of the
pledge must appear in a public instrument,
 Only personal or movable properties may be pledged provided that they are susceptible of
possession. It cannot be extended or made to apply to real property.
 “for and in consideration of the foregoing premises, and as security for the said loan, the
PLEDGOR delivered to the PLEDGEE, which the latter received, by way of pledge, the property
described as follows… of which the PLEDGOR is the absolute owner”
 “the above-described property shall be held by the PLEDGEE to secure the full payment or
due performance of the PLEDGOR’s obligation to pay the loan”
PLEDGE AGREEMENT
JOHNNY U. CRUZ, of legal age, Filipino, single, and residing at Banilad Estate, Cebu City,
hereinafter known as the PLEDGOR;
- and -
PETER P. SANTOS, also of legal age, Filipino, single, and residing at Tabunok, Talisay City,
hereinafter referred to as the PLEDGEE;
WITNESSETH:
WHEREAS, the PLEDGOR obtained a cash loan or a financial accommodation from the
PLEDGEE in the amount of One Million Pesos (P1,000,000.00), which is embodied in the Promissory
Note dated August 31, 2022 attached here as Annex ‘A’;
WHEREAS, the PLEDGEE agreed to extend this financial accommodation on the condition
that a security by way of pledge shall be duly executed by the PLEDGOR;
NOW THEREFORE, for and in consideration of the foregoing premises, and as security for
the said loan, the PLEDGOR delivered to the PLEDGEE, which the latter received, by way of pledge,
the property described as follows:
(description of the personal property pledged)
of which the PLEDGOR is the absolute owner.
1. The above-described property shall be held by the PLEDGEE to secure the full payment or
due performance of the PLEDGOR’s obligation to pay the loan.
26
2. The PLEDGEE shall use reasonable care in maintaining the pledged property. All necessary
expenses incurred by the PLEDGEE to maintain the pledged property shall be refunded by the
PLEDGOR to the PLEDGEE, and the latter shall retain the pledged property until he had been refunded
of these expenses.
3. Upon full payment of the loan, the PLEDGEE shall return the pledged property to the
PLEDGOR.
4. In case the PLEDGOR defaulted in the payment of the principal or the interest on the loan,
including the expenses referred to above, PLEDGEE is hereby appointed Attorney-in-Fact of the
PLEDGOR to sell at auction sale the pledged property to pay the principal, interest, and expenses
within one month after demand for payment is made and PLEDGEE may become the purchaser at
such sale. If the proceeds of the sale are not sufficient to pay the PLEDGEE in full, the PLEDGOR shall
remain liable to PLEDGEE for the deficiency.
IN WITNESS WHEREOF, we have hereunto affixed our signatures on September 1, 2022 at

Cebu City, Philippines.
JOHNNY U. CRUZ PETER P. SANTOS

Pledgor Pledgee
_______________ _______________
(ACKNOWLEDGMENT)
27
Form No. 9: Deed of Exchange
Rules & Principles
 By the contract of barter or exchange, one of the parties binds himself to give one thing in
consideration of the other’s promise to give another thing (Art. 1638, Civil Code).
 To be consummated, barter requires mutual delivery but is perfected from moment of

consent. If there is no acceptance of the offer there is no perfected contract of barter.
 “the parties agreed and by these presents, agree to exchange their respective parcels of land
described above to each other. The FIRST PARTY CONVEYS, TRANSFERS, AND CEDES his
above-described property to the SECOND PARTY; and, the SECOND PARTY CONVEYS,
TRANSFERS, AND CEDES his above-described property to the FIRST PARTY”
DEED OF EXCHANGE OF PROPERTY
JUAN J. DELA CRUZ III, of legal age, Filipino, single, and residing at Banilad Estate,
Cebu City, hereinafter known as the FIRST PARTY;
- and -
hereinafter referred to as the SECOND PARTY;
WITNESSETH:
WHEREAS, the FIRST PARTY is the absolute owner of a parcel of land located at A.S. Fortuna
St., Mandaue City, containing an area of 550 square meters, more or less, covered by Transfer
Certificate of Title No. 123456-7, and more particularly described as follows:
TCT No. 123456-7

WHEREAS, the SECOND PARTY is the absolute owner of a parcel of land located at Ramos
St., Cebu City, containing an area of 535 square meters, more or less, covered by Transfer Certificate
of Title No. 765432-1, and more particularly described as follows:
TCT No. 765432-1

WHEREAS, the FIRST and the SECOND PARTIES desire to exchange their properties.
NOW THEREFORE, the parties agreed and by these presents, agree to exchange their
respective parcels of land described above to each other. The FIRST PARTY CONVEYS, TRANSFERS,
AND CEDES his above-described property to the SECOND PARTY; and, the SECOND PARTY CONVEYS,
TRANSFERS, AND CEDES his above-described property to the FIRST PARTY.
The parties warrant that their respective properties are free from all liens and encumbrances.
Any and all expenses and taxes necessary to transfer their respective certificates of title in
their names shall be shared by the parties equally.
28

First Party Second Party
_____________ _____________
(ACKNOWLEDGMENT)
29
Form No. 10: Contract of Loan
Rules & Principles
 By the contract of loan, one of the parties called the bailor or lender delivers to another called
the borrower or bailee, either something not consumable so that the latter may use it for a
certain time and return the same thing or money or consumable so that the borrower may
consume it with the obligation to pay the same amount of the same kind and quality.
 Loan is a real contract because commodatum or simple loan itself shall not be perfected until
the delivery of the object of the contract.
 There are two kinds of loan, namely: (1) commodatum—one of the parties delivers to another
something not consumable so that the latter may use it for a certain time; and (2) mutuum
or simple loan—one of the parties delivers to another money or other consumable thing, upon
the condition that the same amount of the same kind and quality shall be paid.
 A person who receives a loan of money or other fungible thing acquires the ownership thereof,
and is bound to pay to the creditor an equal amount of the same kind and quality.
 In simple loan, the object is money and other fungible things. If the thing to be exchanged is
non-fungible then the contract is barter.
 “the DEBTOR hereby acknowledges that she is indebted to the CREDITOR in the amount of…”
 “the DEBTOR, agrees to pay the CREDITOR an amount of _______, the payment of which
shall be made in installment, which is more particularly itemized as follows…”
LOAN AGREEMENT
This Agreement, entered into this 2nd day September 2022 in Manila City, by and between:
Mary Sophie D. Panelo, of legal age, Filipino, and a resident of Manila City, Philippines,
hereinafter referred to as the “CREDITOR”;
- and -
Ebe Dancel C. Martin, of legal age, Filipino, and resident of Sta. Ignacia Tarlac, Philippines,
hereinafter referred to as the “DEBTOR”;
WITNESSETH:
WHEREAS, the DEBTOR hereby acknowledges that she is indebted to the CREDITOR in the
amount of Five Hundred Thousand Pesos (P500,000.000), Philippine Currency;
WHEREAS, the CREDITOR loaned the DEBTOR this money for personal use;
WHEREAS, the DEBTOR hereby promises to unconditionally pay the CREDITOR, or in his
absence or incapacity, his successor-in-interest, the said amount, within the period specified below:
NOW THEREFORE, for and in consideration of the foregoing premises, the parties agree as
follows:
The DEBTOR, agrees to pay the CREDITOR an amount of P500,000.00, the payment of which
shall be made in installment, which is more particularly itemized as follows:
1. P100,000.00—to be paid on or before January 15, 2023;

2. P100,000.00—to be paid on or before February 15, 2023;
3. P100,000.00—to be paid on or before March 15, 2023;
30
4. P100,000.00—to be paid on or before April 15, 2023;

5. P100,000.00—to be paid on or before May 15, 2023;
The DEBTOR agrees that, in case of default in the payment, DEBTOR will be liable to pay
interest of two percent (2%) per month and the whole amount shall be due without further demand.
IN WITNESS WHEREOF, the parties have set their hands on the 2nd day of September 2022,
at the City of Cebu.
MARY SOPHIE D. PANELO EBE DANCEL C. MARTIN

CREDITOR DEBTOR
_____________ _____________
(ACKNOWLEDGMENT)
31
3. COMPLAINTS. ANNOTATED
32
Form No. 1: Complaint (Sum of Money)
Rules & Principles
 The complaint is the pleading alleging the plaintiffs or claiming party's cause or causes of
action. The names and residences of the plaintiff and defendant must be stated in the
complaint (Sec. 3, Rule 6, A.M. No. 19-10-20-SC 2019).
 Every pleading stating a party's claims or defenses shall, in addition to those mandated by
Section 2, Rule 7, state the following: (a) Names of witnesses who will be presented to prove
a party's claim or defense; (b) Summary of the witnesses' intended testimonies, provided
that the judicial affidavits of said witnesses shall be attached to the pleading and form an
integral part thereof. Only witnesses whose judicial affidavits are attached to the pleading
shall be presented by the parties during trial. Except if a party presents meritorious reasons
as basis for the admission of additional witnesses, no other witness or affidavit shall be heard
or admitted by the court; and (c) Documentary and object evidence in support of the
allegations contained in the pleading (Sec. 6, Rule 7, A.M. No. 19-10-20-SC 2019).
 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 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 (Sec. 4, Rule 7, A.M.
No. 19-10-20-SC 2019).
 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.
Republic of the Philippines

7th Judicial Region
REGIONAL TRIAL COURT
Branch 88
Mandaue City
ABC XYZ, INC.

Plaintiff,
- versus - Civil Case No. MAN-123456

For: Sum of Money
MARIA M. MAGDALENA
Defendant.
x---------------------------------x
COMPLAINT
PLAINTIFF, Juan C. dela Cruz, by counsel, and to this Honorable Court, respectfully states
that:
THE PARTIES
1. Plaintiff, ABC XYZ, INC., is a domestic corporation registered with the Securities and
Exchange Commission, duly organized under Philippine law, with principal place of business at Jaime
St., Pakna-an, Mandaue City, herein represented by its President, Juan C. dela Cruz, through a
33
Board Resolution attached as Annex/Exhibit A. Plaintiff may be served with notices, orders, and
other processes of the Honorable Court through the undersigned counsels at the business address
hereunder indicated.
2. Defendant, MARIA M. MAGDALENA, is of legal age, Filipino, married, and a resident of

James St., Cabancalan, Mandaue City, where she may be served with summons and other processes
of this Honorable Court.
THE CAUSE OF ACTION
3. Plaintiff is a lending company engaged in extending financial assistance and personal loans.
4. On January 2, 2020, Defendant applied for a personal loan in the amount of One Million
Three Hundred Thousand Pesos (P1,300,000.00), payable in 24 monthly installments. On the same
day, she executed and delivered to Plaintiff a Promissory Note, in the following words and figures, to
wit:
(State here the specific terms and conditions of the loan contained in the Promissory Note)
A copy of the Promissory Note is hereto attached as Annex/Exhibit B.
5. Defendant has not paid said Promissory Note nor any part or interest thereon. She failed
to pay the monthly installments and was in default since February 2020.
6. Plaintiff, for several times, verbally demanded for Defendant to pay. On May 2, 2020,
Plaintiff sent her a written demand but Defendant ignored it. She refused to settle her obligation.
7. As of September 2022, Defendant’s outstanding obligation to pay her loan reached the sum
of P1,612,000.00, which is now due and demandable. A copy of the latest Statement of Account is
hereto attached as Annex/Exhibit C.
8. Despite several written demands to pay, Defendant failed and refused to pay her loan
obligation to Plaintiff. Defendant personally received the latest demand letter on July 5, 2022. A copy
of the demand letters, with proof of personal receipts, are hereto attached as Annexes/Exhibits D,
E, and F.
9. To protect its interest, Plaintiff was forced to engage the services of a legal counsel for a
fee of not less than 15% of the total amount due plus appearance fee for every court hearing.
THE WITNESSES
10. Plaintiff will present the following witnesses—the gist and substance of their testimonies
are summarized as follows:
a. Gregorio Cardo Dalisay, Jr., who will testify on the following: (State the summary
of the witness’ intended testimony). A copy of his Judicial Affidavit is hereto
attached as Annex/Exhibit G and forms an integral part of this Complaint;
b. Conchita Martin Padilla, who will testify on the following: (State the summary of
the witness’ intended testimony). A copy of her Judicial Affidavit is hereto attached
as Annex/Exhibit H and forms an integral part of this Complaint;
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that judgment be rendered

in favor of Plaintiff and against Defendant by ordering her to pay the following:
(state the specific amount or reliefs prayed for)
Plaintiff further prayed for such other relief as this Honorable Court may deem just and
equitable.
34
Mandaue City, Philippines, September 10, 2022.
ANTONIO B. AGUINALDO
Counsel for the Plaintiff
Roll No. 56789
MCLE Compliance No. VII-333-444
IBP Lifetime No. 012345
PTR No. 54321, Mandaue City, 12/03/21
Room 505, 5th Floor, Mandani Building,
North Reclamation Area, Mandaue City
atty.antonio.aguinaldo@gmail.com
REPUBLIC OF THE PHILIPPINES)

CITY OF MANDAUE ) S.s.
VERIFICATION AND CERTIFICATION

AGAINST NON-FORUM SHOPPING
I, JUAN C. DELA CRUZ, of legal age, Filipino, married and a resident of 800 Hernan Cortes
Street, Banilad Mandaue City, Cebu, Philippines, after being sworn in accordance with law, hereby
depose and say:
1. I am the President and authorized representative of the Plaintiff in the above-captioned

case as evidenced by the Board Resolution or Secretary’s Certificate attached in this
Complaint;
2. I have caused the preparation of the above Complaint, read the same, and know the
contents thereof;
3. I attest that (a) the allegations in this Complaint are true and correct based on my personal
knowledge, or based on authentic documents; (b) the Complaint 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.
4. I further certify under oath that: (a) I have 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 my knowledge, no such other action or claim is pending therein; (b) if there
is such other pending action or claim, I shall state the status thereof; and, (c) if there
should thereafter learn that the same or similar action or claim has been filed or is pending,
I shall report that fact within five (5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _______________ at

Mandaue City, Philippines.
JUAN C. DELA CRUZ

President, ABC XYZ, Inc.
SUBSCRIBED AND SWORN to before me this ______________ at Mandaue City,

Philippines, affiant exhibiting to me his Driver’s License No. 987662 issued on June 28, 2022, valid
until June 28, 2027 issued by LTO Cebu.
Doc. No. _____

Page No. _____
Book No. _____
Series of 2022.
35
Form No. 2: Complaint (simple form; ejectment)
Rules & Principles
 The Complaint must have a sufficient cause of action. A cause of action is sufficient if a valid
judgment may be rendered thereon if the alleged facts were admitted or proved.
 A cause of action is the act or omission by which a party violates a right of another. The
elements of a cause of action are: (1) a right in favor of the plaintiff, by whatever means and
under whatever law it arises or is created; (2) an obligation on the part of the named
defendant to respect or not to violate such right; and (3) an act or omission on the part of
such defendant in violation of such right of the plaintiff or constituting a breach of the
obligation of the defendant to plaintiff for which the latter may maintain an action for recovery
of damages.
 In a written contract (e.g., lease contract), the cause of action does not accrue until the party
under obligation refuses, expressly or impliedly, to comply with his or her duty therein. Where
demand is necessary (e.g., demand to vacate), the actual breach of the right under that
contract accrues only if the obligor refused to comply therewith despite such demand. It is
only at such point in time that civil action may be instituted. This is because only at that point
in time that the obligee’s cause of action accrues (China Banking Corp. v. CA, G.R. 153267
[2005]).
 Every pleading shall contain a plain, concise, and direct statement of the ultimate facts in a
methodical and logical form. This includes the evidence on which the party pleading relies for
his or her claim or defense.
 Whenever an action or defense is based on a written instrument or document, the substance

of such document shall be set forth in the pleading and the original or a copy thereof shall be
attached to the pleading as an exhibit. It shall be deemed part of the pleading.

7th Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Branch 3
Cebu City
MARIA MERCEDES H. TORRES

Plaintiff,
- versus - Civil Case No. CEB-123456

For: Unlawful Detainer
JUAN DELA CRUZ, SR.
Defendant.
x---------------------------------x
COMPLAINT
PLAINTIFF, Maria Mercedes H. Torres, through counsel and to this Honorable Court,
respectfully states that:
1. Plaintiff, Maria Mercedes H. Torres, is of legal, Filipino, married, and residing at Unit 101,
Building 8, Phase 2, Urban Deca Homes, Brgy. Tisa, Cebu City. She may be served with orders,
processes, and pleadings at the business address of the undersigned counsel.
36
2. Defendant, Juan dela Cruz, Jr., is of legal age, Filipino, single, and residing at No. 90,
General Maxilom Avenue, Cogon Central, Cebu City, where he may served with summons, notices,
orders, and processes of this Honorable Court.
3. Plaintiff is the owner of a parcel of land situated at Sampaguita corner Kalachuchi Street,
Banawa, Cebu City, a portion of which is presently occupied by Defendant, and is more particularly
described as follows:
4. Plaintiff entered into a Contract of Lease with Defendant. The former leased to the latter a
portion of the above-described parcel of land at the rate of P50,000.00 monthly, payable at the end
of each month. A copy of the Contract of Lease dated August 30, 2021 is hereto attached as Exhibit
‘A’.
5. Defendant refused and still refuses to pay all back rentals due notwithstanding repeated
demands. Neither would he vacate the premises despite registered written demand to vacate was
served to him on July 8, 2022. A copy of the Demand to Vacate dated July 8, 2022 and Return Card
with registry receipt are hereto attached as Exhibit ‘B’, ‘B-1’, and ‘B-1’.
6. The matter was referred to the Lupong Tagapamayapa of Barangay Banawa, Cebu City. No
settlement was, however, reached by the parties. A copy of the Certificate to File Action issued by
the Lupon Chairman is hereto attached as Exhibit ‘C’.
7. Due to the unlawful refusal of Defendant to pay the back rentals and to vacate the premises,
Plaintiff was constrained to engage the services of counsel for a fee of P25,000.00, plus appearance
fees of P3,000.00 per appearance.
8. Plaintiff will present Maria Mercedes H. Torres who will testify on the following: (State the
summary of the witness’ intended testimony including the documentary evidence to prove the
claims). A copy of her Judicial Affidavit is hereto attached as Exhibit ‘D’.
WHEREFORE, it is respectfully prayed that judgment be rendered ordering Defendant:
1. To vacate the premises owned by Plaintiff;

2. To pay the back rentals in the amount of P400,000.00, and thereafter, the monthly rent
of P50,000.00 until he vacates and surrenders possession of the property to Plaintiff;
3. To pay Plaintiff the sum of not less than P25,000.00 as attorney’s fees, appearance fees,
and costs of litigation.
Other reliefs just and equitable are likewise prayed for.
Cebu City, Philippines, September 12, 2022.
JOSE PROTACIO R. MABINI

Roll No. 56789
PTR No. 54321, Cebu City, 12/03/21
Room 505, 5th Floor, JESA-ITC Blg., Cebu City
atty.jpr.mabini@gmail.com
37
Republic of the Philippines )

City of Cebu ) S.s.

I, MARIA MERCEDES H. TORRES, of legal age, Filipino, married and a resident of Unit 101,
Building 8, Phase 2, Urban Deca Homes, Brgy. Tisa, Cebu City, Philippines, after being sworn in
accordance with law, hereby depose and say:
1. I am the Plaintiff in the above-captioned case;
contents thereof;
any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to
the best of my knowledge, no such other action or claim is pending therein; (b) if there is
such other pending action or claim, I shall state the status thereof; and, (c) if there should
thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report that fact within five (5) days therefrom to the court or agency wherein the
IN WITNESS WHEREOF, I have hereunto affixed my signature this 12 th day of September

MARIA MERCEDES H. TORRES
SUBSCRIBED AND SWORN to before me this ______________ at Cebu City, Philippines,

affiant exhibiting to me her Passport No. xxx11122333 issued on October 1, 1984, valid until October
1, 2024 issued by the Department of Foreign Affairs.
Doc. No. _____

Page No. _____
Book No. _____
Series of 2022.
38
Form No. 3: Complaint (Tort & Damages)
Rules & Principles:
 Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict (Article 2176, Civil Code).
 The elements of a quasi-delict are: (a) damages suffered by the plaintiff; (b) fault or
negligence of the defendant, or some other person for whose acts he must respond; and (c)
the connection of cause and effect between the fault or negligence of the defendant and the
damages incurred by the plaintiff (Vergara v. CA, GR 77679 [1987]).
 Negligence is the omission to do something which a reasonable man, guided by those

considerations which ordinarily regulate the conduct of human affairs, would do, or the doing
of something which a prudent and reasonable man would not (Layugan v. IAC, 167 SCRA 163
[1988]).
 The Plaintiff must prove the proximate cause—that is, there must be a causal connection
between the negligence of the defendant and the damage of the plaintiff. Proximate cause
is that cause which, in natural and continuous sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the result would not have occurred.
 Damages is the pecuniary compensation, recompense, or satisfaction for an injury sustained,

or as otherwise expressed, the pecuniary consequences which the law imposes for the breach
of some duty or violation of some rights.
 Except as otherwise provided by law or by stipulation, one is entitled to an adequate

compensation only for such pecuniary loss suffered by him as he has duly proved. Such
compensation is referred to as actual or compensatory damages (Article 2199, Civil Code).
 Proof of pecuniary loss is necessary to successfully recover actual damages. To seek recovery
for actual damages, it is necessary to prove with a reasonable degree of certainty, premised
upon competent proof and on the best evidence obtainable by the injured party, the actual
amount of the loss (P v. Degoma, GR 89404-405 [1992]). For daño emergente, it is the loss
of what a person already possesses. For lucro cesante, it is the loss of a benefit that plaintiff
failed to receive such as lost income.
 The plaintiff is entitled to the value of the personal property at the time of destruction.
Normally, the award is the sum of money which plaintiff would have to pay in the market for
identical or essentially similar goods, plus in proper cases, damages for the loss of use during
the period before replacement. In case of profit-earning chattels, what has to be assessed is
the value of the chattel to its owner as a going concern at the time and place of the loss.

7th Judicial Region
REGIONAL TRIAL COURT
Branch 66
Talisay City
JOSE CARLOS D. SEBASTIAN

Plaintiff,
- versus - Civil Case No. TAL-123456

For: Quasi-delict; Damages
GLORIA MARIA G. DE DIOS
Defendant.
x---------------------------------x
COMPLAINT
PLAINTIFF, JOSE CARLOS D. SEBASTIAN, through undersigned counsel, and to this

Honorable Court, respectfully alleges that:
39
1. Plaintiff, Jose Carlos D. Sebastian, is of legal, Filipino, single, and residing at B Street,
Victoria Village, Tabunok, Talisay City. He may be served with notices, orders, processes, and
pleadings at the business address of the undersigned counsel.
2. Defendant, Gloria Maria G. De Dios, is of legal age, Filipino, married, and residing at Lot
2, Block 8, San Isidro, Talisay City, where she may be served with summons, notices, orders, and
processes of this Honorable Court.
3. Plaintiff owns a Honda Civic car, which was parked inside the BTS Building, through a
contract of lease with the building owner. The building is situated at San Isidro, Talisay City, where
Defendant also occupies an office space directly on top of the parking slot. A copy of the Contract of
Lease of parking slot is hereto attached as Exhibit ‘A’.
4. Defendant, whose business license was that of a real estate leasing, kept several gallons
of diesel fuel and canisters of butane gas inside his office. A copy of the photos of the fuel and butane
before the incident are hereto attached as Exhibit ‘B’.
5. On June 20, 2022, as a consequence of Defendant’s negligence, these gallons of fuel and
canisters of butane gas caught fire. Because of this, the fire resulted in the burning and total loss of
Plaintiff’s Honda Civic car, which is valued at P1,760,000.00. A copy of the Official Receipt of the
recent car purchase, Police Report, and Photos of the burned car are hereto attached as Exhibits
‘C’, ‘D’, and ‘E’.
6. Based on the investigation of the Bureau of Fire Protection, Talisa City, the proximate cause
of the fire was the improper storage of flammable and combustible materials and lack of adequate
precautions on fire safety inside the building, including lack of fire extinguishers. A copy of the BFP
Report is hereto attached as Exhibit ‘F’.
7. Due to the total loss of the car, the Grab / Private Taxi car business of Plaintiff had to stop,
thereby causing losses to him in the sum of P2,000.00 per day, which was his average daily net
profit; and it will take another six months for Plaintiff to acquire a new car for his business. A copy
of the Net Profit Receipts is hereto attached as Exhibit ‘G’.
8. On July 20, 2022, Plaintiff notified Defendant of the amount of Plaintiff’s losses, the same
amounts averred in this Complaint, and at the same time demanded payment thereof from
Defendant. Despite this demand, Defendant failed and refuses to pay the total amount. A copy of
the Demand Letter is hereto attached as Exhibit ‘H’.
9. Due to the unlawful refusal of Defendant to pay the damage and losses caused by the fire,
Plaintiff was constrained to engage the services of counsel for a fee of P30,000.00, plus appearance
fees of P3,000.00 per appearance.
10. Plaintiff intends to present the following witnesses and Judicial Affidavits:
a. Jose Carlos D. Sebastion—(State the summary of intended testimony). A copy of the

Judicial Affidavit is attached as Exhibit ‘I’.
b. Fire Senior Inspector (FSInsp.) Ricardo Dalisay III—(Summary of intended
testimony). A copy of the Judicial Affidavit is attached as Exhibit ‘J’
WHEREFORE, it is respectfully prayed that judgment be rendered ordering Defendant:
1. To pay Plaintiff actual damages in the sum of not less than P1,760,000.00;
2. To pay Plaintiff loss of profits of P2,000 per day computed from the time of the loss of the
vehicle;
4. To pay Plaintiff the sum of not less than P30,000.00 as attorney’s fees, appearance fees,
and costs of litigation.
Other reliefs just and equitable are likewise prayed for.
Talisay City, Philippines, September 1, 2022.
40
JOSE PROTACIO R. MABINI

Roll No. 56789
PTR No. 54321, Cebu City, 12/03/21
Room 505, 5th Floor, JESA-ITC Blg., Cebu City
atty.jpr.mabini@gmail.com
Republic of the Philippines )

City of Talisay ) S.s.

I, JOSE CARLOS D. SEBASTIAN, of legal age, Filipino, single, and a resident of B Street,
Victoria Village, Tabunok, Talisay City, Philippines, after being sworn in accordance with law,
hereby depose and say:
5. I am the Plaintiff in the above-captioned case;
contents thereof;
any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to
the best of my knowledge, no such other action or claim is pending therein; (b) if there is
such other pending action or claim, I shall state the status thereof; and, (c) if there should
thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report that fact within five (5) days therefrom to the court or agency wherein the
IN WITNESS WHEREOF, I have hereunto affixed my signature this 1 st day of September

JOSE CARLOS D. SEBASTIAN
SUBSCRIBED AND SWORN to before me this ______________ at Talisay City, Philippines,

affiant exhibiting to me his Passport No. xxx11122333 issued on October 1, 1984, valid until October
1, 2024 issued by Department of Foreign Affairs.
Doc. No. _____

Page No. _____
Book No. _____
Series of 2022.
41
Form No. 4: Complaint (Abatement of Nuisance)
Rules & Principles:
 A nuisance is any act, omission, establishment, business, condition of property, or anything

else which: (1) injures or endangers the health or safety of others; or (2) annoys or offends
the senses; or (3) shocks, defies, or disregards decency or morality; (4) obstructs or
interferes with the free passage of any public highway or street, or any body of water; or (5)
hinders or impairs the use of property.
 Nuisance is either public or private. A public nuisance affects a community or neighborhood

or any considerable number of persons, although the extent of the annoyance, danger or
damage upon individuals may be unequal. A private nuisance is one that is not included in
the foregoing definition (Article 695, Civil Code).
 A private person may file an action on account of a public nuisance, if it is specially injurious
to himself. Any private person may abate a public nuisance which is specially injurious to him
by removing, or if necessary, by destroying the thing which constitutes the same, without
committing a breach of the peace, or doing unnecessary injury. But it is necessary: (1) That
demand be first made upon the owner or possessor of the property to abate the nuisance;
(2) That such demand has been rejected; (3) That the abatement be approved by the district
health officer and executed with the assistance of the local police; and (4) That the value of
the destruction does not exceed three thousand pesos.
 Nuisance per se is any act, omission, establishment, business, condition of property, or

anything else which is a nuisance at all times and under all circumstances. Nuisance per
accidens is any act, omission, establishment, business, condition of property, or anything
else which is a nuisance under certain circumstances like its location.

7th Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Branch 3
Cebu City
JUAN DELA C. CRUZ, JR.

Plaintiff,
- versus - Civil Case No. CEB-123456

For: Abatement of Nuisance
MARIA M. MAKILING
Defendant.
x---------------------------------x
COMPLAINT
PLAINTIFF, Juan C. dela Cruz, Jr., by counsel, and to this Honorable Court, respectfully
avers that:
THE PARTIES
1. Plaintiff, JUAN DELA C. CRUZ, JR., is of legal, Filipino, single, and residing at Ramos
Street, Sta. Ana Village, Cogon Central, Cebu City. He may be served with notices, orders, processes,
and pleadings at the business address of the undersigned counsel.
2. Defendant, MARIA M. MAKILING, is of legal age, Filipino, married, and residing at Lot 2,
Block 8, Jakosalem, Cebu City, where she may be served with summons, notices, orders, and
processes of this Honorable Court.
THE CAUSE OF ACTION
42
3. Defendant is the owner of a Karaoke and Disco Resto Bar, situated in a building contiguous
to Plaintiff’s residence. The distance between Plaintiff’s residence and Defendant’s establishment is
only around 12 meters. A copy of the Business Permit of Defendant is hereto attached as Exhibit
‘A’.
4. Almost every night, and always during Thursdays, Fridays, and Saturdays, Defendant’s Bar
would be very crowded. It would play non-stop music coming from the Disc Jockey and Karaoke
singers that would start from around 5:00 o’clock in the afternoon until 3:00 o’clock in the morning.
These music and karaoke singing would be extremely loud and deafening, which renders it impossible
for Plaintiff, his family, and the neighboring houses to rest and sleep. A copy of the Video and Audio
recording, stored in a USB Flash Drive, of the activities in Defendant’s Bar for the past three
consecutive weeks is hereto attached as Exhibit ‘B’.
5. Further, one of the usual activities of Defendant’s Bar is to allow her customers to drink,
celebrate, and dance around a bonfire. However, Defendant incinerates not only chunks of wood but
also a huge rubber tire to create the bonfire. This combination of wood and rubber emits several
toxic pollutants, such as carbon monoxide, cyanide, sulfur dioxide, butadiene, and styrene—all
harmful or injurious to the health and safety of others. A copy of the photos of the bonfire and
Investigation Report from the City Health Office are hereto attached as Exhibits ‘C’ & ‘D’.
6. Plaintiff has repeatedly called Defendant’s attention to the aforementioned nuisances,

demanding that the latter take measures to stop the same. On July 1, 2022, Plaintiff wrote Defendant
a formal demand to abate its dangerous activities. Defendant, however, had ignored and still ignores
the demand. A copy of the Demand Letter is hereto attached as Exhibit ‘E’.
7. The matter was referred to the Lupong Tagapamayapa of Barangay Cogon, Cebu City. No
settlement was, however, reached by the parties. A copy of the Certificate to File Action issued by
the Lupon Chairman is hereto attached as Exhibit ‘F’.
8. To protect its interest, Plaintiff was forced to engage the services of a legal counsel for a
fee of not less than P40,000.00 plus appearances fee for every court hearing.
THE WITNESSES
9. Plaintiff will present the following witnesses—the gist and substance of their testimonies
are summarized as follows:
(State the names and summary of testimonies of the Witnesses,

attach the Judicial Affidavits of the witnesses)
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that judgment be rendered

in favor of Plaintiff and against Defendant by ordering her to pay the following:
1. To abate or stop the nuisance created by the loud noise played by Defendant, which
annoys or offends the senses of Plaintiff and the public;
2. To abate or stop the nuisance created by the burning of rubber tires in creating
Defendant’s bonfire, which endangers the health and safety of Plaintiff and the public;
3. To pay the attorney’s fees of an amount not less than P40,000.00 plus appearance fees
and costs of litigation;
Plaintiff further prays for such other relief as this Honorable Court may deem just and
equitable.
Cebu City, Philippines, September 10, 2022.
ANTONIO B. AGUINALDO
Roll No. 56789
43

PTR No. 54321, Cebu City, 12/03/21
Room 505, 5th Floor, JESA-ITC Building,
General Maxilom Avenue, Cebu City
atty.antonio.aguinaldo@gmail.com
(VERIFICATION & CERTIFICATION AGAINST NON-FORUM SHOPPING)
44

Warriors Notes 2022 Practical Exercises in Civil Law

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PREPARED BY: ATTY.

WARRIORS’ NOTES 2022

1. DEMAND AND AUTHORIZATION LETTERS, SAMPLES

Form No. 1: Authorization Letter

The Honorable Clerk of Court

Dear Hon. Clerk of Court,

Very truly yours,

Form No. 2: Notarized Authorization Letter

August 29, 2022

To Whom this May Concern:

Thank you for your usual prompt action.

Very truly yours,

(Signature and Seal of the Notary Public)

Form No. 3: Authorization (in the form of Special Power of Attorney)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

(Signature and Seal of the Notary Public)

Form No. 4: General Power of Attorney (Acts of Administration)

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

Signed in the Presence of:

(Signature and Seal of the Notary Public)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

Transfer Certificate of Title No. ABC-12345

(1) To sell, lease, convey, or transfer the above-described property;

Signed in the Presence of:

Form No. 6: Special Power of Attorney (Pre-Trial & Trial):

SPECIAL POWER OF ATTORNEY

1. Appear in all mediation, arbitration, and judicial dispute resolution;

IN WITNESS WHEREOF, I have hereunto affixed my signature this 30 th day of September

Signed in the Presence of:

Form No. 7: Demand to Pay (with Notice of Dishonor)

August 22, 2022

Formal Demand & Notice of Dishonor

Very truly yours,

Form No. 8: Demand to Pay Rent and Vacate

August 22, 2022

Demand to Pay Rent and to Vacate the Property

Very truly yours,

2. SIMPLE CONTRACTS, ANNOTATED

Form No. 1: Contract to Sell (Real Property)

Rules & Principles

Keywords & Standard Clauses

KNOW ALL MEN BY THESE PRESENTS:

ELIZABETH R. MARCOS, Filipino, widow, of legal age, and residing at

SPS. FERDINAND A. ESTRADA AND KRISANTA B. ESTRADA,

OCT No. 01-2-3456-7

Signed in the Presence of:

Form No. 2: Deed of Absolute Sale (Real Property)

Rules & Principles

 Parties: Seller and the Buyer; Vendor and the Vendee

Keywords & Standard Clauses

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

TRANSFER CERTIFICATE OF TITLE NO. 12345

Form No. 3: Dacion en Pago

Rules & Principles

Distinction between Sale and Dation in Payment:

 In dacion en pago, there is a pre-existing credit; in sale, there is no pre-existing credit.

 Dacion en pago extinguishes obligations; sale gives rise to obligations.

Keywords & Standard Clauses

 “as full payment or extinguishment of the TRANSFEROR’s aforesaid obligation, the

KNOW ALL MEN BY THESE PRESENTS: