LEGAL FORMS (lecture)

February 18, 2024

Importance of legal form:

It is important when the law requires a document or othert special form,

such as those mentioned under Article 1358 of the New Civil Code, donation of
an immovable property under Article 749 of the New Civil Code, pledge under
Article 2096 of the New Civil CodeNCC).

Memorize Articles 1358 , 749 and 2096, NCC.

Article 1403 (2) of the Civil Code, or otherwise known as the STATUE OF
FRAUDS, requires that covered transactions must be reduced in writing
otherwise the same would be unenforceable by action , in other words, sale of
real property, must be evidenced by a written document as an oral sale of
immovable property is unenforceable.

Read and make a case digest of the following cases:

A. HRS. OF SOLEDAD ALIDO versus VFLORA CAMPO, or her

representative and the Registry of Deeds, Province of Iloilo- July 29,
2019, GR No. 226065
B. SWEDISH MATCH, A.B. vs. Court of Appeals, 483 Phil. 747-748
(2004).
C. THE ESTATE of PEDRO C. GONZALES vs. THE HEIRS OF MARCOS
PEREZ (620 Phil. 47, 61-62 (2009).

Does a failure to observe the proper form prescribed by Article

1358 invalidate the acts or contracts entered into by the parties?
(Assignment)

WHAT DOES THE STUDY OF LEGAL FORMS INCLUDE?

It includes the following:

1.) BUSINESS FORMS:- Forms used conveyances, or of the forms of deeds,

instruments or documents, creating, transferring, modifying or limiting
rights to real as well as personal properties and other forms related to
business transactions or contracts.
2.) JUDICIAL FORMS: Forms which pertain to different kinds of pleadings,
applications, petitions, affidavits, motions and the like.

WHAT IS A DOCUMENT?

It is a writing or instrument by which a fact may be proven or affirmed.

It may either be:

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 1.)PRIVATE DOCUMENT:-is a deed or instrument executed by a
private person, without the intervention of a notary public or of
other person legally authorized, by which a document, some
disposition or agreement is proved, evidenced or set forth ;

1.)PUBLIC DOCUMENT:-

a.) An instrument authenticated by a Notary Public or a competent

public official with the formalities required by law;

A formality required by law includes apparently unimportant

points of practice that must be observed in order to achieve a
specific legal result. It may apply to contracts, etc.

b.)An instrument executed in due form before a Notary certified

by him;
c.) That which is made by a Notary Public in the presence of the
parties who executed it, with the assistance of two(2)
witnesses (Suarez, 2007).

COMMON FORMS:

1. ACKNOWLEDGMENTS:
(NOTE): An acknowledgment is a statutory act such that only those
documents / instruments that are required by law to be acknowledged
shall be acknowledged. Kit is also a personal act such that it cannot be
acknowledged by a person other that the one who executed it (Suarez,
2007).

Examples of documents that can be acknowledged:

A.
a.) Deeds;
b.) Conveyances;
c.) Mortgages;
d.) Leases;
e.) Release and Discharge affecting lands whether registered under ACT
496 or unregistered.
(NOTE): If not acknowledged such documents will not be accepted by
the Register of Deeds for registration. (Suarez, 2007).

WHEN IS AN ACKNOWLEDGMENT MADE?

An acknowledgment is made in a document when there is transfer or

conveyance of title to property, transmission of rights or manifestation of
agreement of parties (Fulfillment of a prestation to give, to do or not to do.)

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 (NOTE): It should be used only in contracts, never in affidavits or sworn
statements. (Albano, Albano Jr., and Albano, 2004).
WHAT IS THE MEANING OF SCILICET ? or “s.s.”
A “s.s” literally means more particularly (Suarez, 2007), to wit, or
namely (Guevara 2010). It is used to particularize a general statement.

In notarized documents, it indicates that the legal document was

executed in a designated place within that particular jurisdiction for
such an act.

QUESTION: Does the omission of “s.s.” in a legal document material so

as to invalidate it? (Assignment).

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CONTENTS OF AN ACKNOWLEDGMENT?

(1). Title of the Notarial Act

(2). Place of Execution
(3). Date
(4). Name of Person acknowledging the document (as well as name/s of
the entity/ies being represented, if such is the case);
(5). Competent evidence of the identity presented;
(6). Date and place of issue of the competent evidence of identity
presented;
(7) acknowledgment by the Notary Public that it is the person’s
voluntary act and deed;
(8). Type of document executed and the number of pages;
(9). Notarial Certificate;
(10). Identity of the Notary Public;
(11). Details of the Notarial Register;
(12). If executed in a representative capacity, a statement to that effect.

Form 1:
General Form of Acknowledgment :

[1] ACKNOWLEDGMENT

[2] REPUBLIC OF THE PHILIPPINES)

PROVINCE OF ______________ _)
CITY/MUNICIPALITY OF ______ _) S.S.

[3] BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this
___ day of _____, 2012, personally appeared the following persons

[4] NAME [5] IDENTIFICATION [6] DATE AND PLACE OF ISSUANCE

____________________ ___________________ _______________________ ____________________
___________________ _______________________ [7] Known to me to be the same
persons who executed the foregoing instrument and they acknowledged to me
that the same is their own free and voluntary act and deed[12] and of the
corporations herein represented

[8] This instrument refers to a (title of document) and consists of ___ pages
including the page on which this acknowledgment is written and signed by the
parties and their instrumental witnesses on each and every page thereof.

[9] WITNESS MY HAND AND SEAL on the date and at the place above written.

[10] JUAN DELA CRUZ

. NOTARY PUBLIC-

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 Makati City
Appointment No. ____
Until December 31, 2012
Roll no. ____ PTR no.
____, date of issue, place of
issue IBP no. _____,
date of issue, place of issue
Office Address:
Email: Contact
Number:
[11] Doc. No._____;
Page No. ____;
Book No.____;
Series of 2012

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