LEGAL FORMS

Law 174

Description:
The course links knowledge and application on the various legal documents
and forms used in practice, pleading and procedure, as well as in
conveyancing. It also includes various forms specifically used for commercial
transactions

I. Introduction
A. Definition
B. Concepts and nature of legal forms, deeds, judicial pleadings and
briefs.

II. Notarial Acts

A. Jurat
B. Acknowledgment
C. Affirmation or Oath
D. Copy Certification
E. Signature witnessing
F. Authority to certify the affixing of a signature by thumb or other
mark
G. Signing on behalf of a person physically unable to sign or make a
mark

III. Laws requiring notarization as requisite for validity

A. Donation of immovable property
 Article 749, NCC
 Quilala v. Alcantara, G.R. No. 132681. December 3, 2001; 371
SCRA 311 (2001)
 Abellana v. Spouses Ponce, G.R. No. 160488, September 3,
2004; 437 SCRA 531 (2004)
B. Partnership where immovable is contributed
C. Notarial Will
 Article 805 & 806, NCC
 Garcia v. Gatchalian, G.R. No. L-20357, November 25, 1967; 21
SCRA 1056 (1967)
 Azuela v. Court of Appeals, G.R. No. 122880, April 12, 2006;
487 SCRA 119 (2006)
D. Registration of Documents
 Forms in conveyancing – Section 112 of Presidential Decree No.
1528 or the Property Registration Decree
E. Transfer of ownership
 Delivery of the thing sold – Articles 1498 and 1544 of the Civil
Code
 Dy, Jr. v. Court of Appeals, G.R. No. 92989, July 8, 1991; 198
SCRA 826 (1991)
F. Effectivity as against third persons
 Assignment of credits and Partnership having a capital of
P3,000.00 or more – Articles 1625 and 1772 of the Civil Code
 Marriage settlements – Article 77 of the Family Code
IV. Specific Legal Forms and Deeds
A. Commonly-used Forms
 Demand Letter
 Affidavit of Loss
 Affidavit of Discrepancy
 Affidavit off Support
 Quitclaim (Employer-Employee)
 Affidavit of Desistance
B. Power of Attorney
 Special Power of Attorney
 General Power of Attorney
 Revocation of Power of Attorney
C. Contracts or Agreements
 Extra-Judicial Settlement
 Deed of Sale of Registered Land
 Contract of Lease with right of first refusal
 Deed of Donation
 Real Estate Mortgage
 Chattel Mortgage with Affidavit of Good Faith
 Deed of Release of Real Estate or Chattel Mortgage
 Pre-Nuptial Agreement
 Deed of Assignment of Credits
D. Negotiable Instruments
E. Partnership and Corporation Forms
 Articles of Partnership
 Articles of Incorporation
 By-Laws
 Board Resolution authorizing corporate officer to obtain bank
loan
 Secretary’s Certificate
 Proxy to attend a stockholder’s meeting
 Notice of Stockholder’s Meeting
 Minutes of Meeting
 Arbitration Clause
V. Judicial Pleadings and Briefs
A. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
B. Judicial Affidavits
C. Captions and Titles
D. Pleadings on Criminal Actions
E. Pleadings on Civil and Special Civil Actions
F. Pleadings on Special Proceedings
G. Pleadings on Provisional Remedies
H. Pleadings on Land Registration Proceedings
I. Pleadings on Chattel Mortgage Foreclosure Proceedings
J. Pleadings on Naturalization Proceedings
K. Pleadings on Insolvency Proceedings
L. Pleadings on Election cases
M. Pleadings on Proceedings before the Land Transportation
Franchising and Regulatory Board
N. Forms on Small Claims