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DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS: This DEED OF ABSOLUTE SALE is made, executed and entered into by: (NAME OF SELLER), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and postal address at (Address of Seller), hereinafter referred to as the SELLER -AND(NAME OF BUYER), Filipino and with residence and postal address at (Address of Buyer), hereinafter referred to as the BUYER. WITNESSETH; WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located at (Address of property to be sold) and covered by Transfer Certificate of Title No. (TCT Number) containing a total area of (Land Area of Property in Words) (000) SQUARE METERS, more or less, and more particularly described as follows: TRANSFER CERTIFICATE OF TITLE NO. 0000 "(Insert the technical description of the property on the title) Example: A PARCEL OF LAND (Lot 20 Blk 54 of consolidation subdivision plan (LRC) Pcs-13265, being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533, Lot 3, Psd-100703, Lot 1, Psd150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and 21071 situated in the Bo. of San Donisio, Mun of Paranaque, Prov of Rizal, Is. of Luzon. Bounded on NE., point 4 to 1 by Road Lot 22, on...to the point of beginning; containing an area of (280) square meters more or less..." WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above mentioned property for the amount of (Amount in words) (P 000,000.00) Philippine Currency; NOW THEREFORE, for and in consideration of the sum of (Amount in words) (P 000,000.00) Philippine Currency, hand paid by the vendee to the vendor, the SELLER DO HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale unto the said BUYER, his heirs and assigns, the certain parcel of land together with all the improvements found thereon, free from all liens and encumbrances of whatever nature including real estate taxes as of the date of this sale. (NAME OF SELLER) Seller WITH MARITAL CONSENT: ________________________ Name of Seller's Spouse SIGNED IN THE PRESENCE OF: _________________________ Name of Buyer's Spouse (NAME OF BUYER) Buyer

__________________________ ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) _____________________________ ) SS.

____________________________

BEFORE ME, a Notary Public for and in the City of ___________________, personally appeared: Name (Name of Seller) (Name of Buyer) CTC Number 10000000 10000000 Date/Place Issued Jan 15, 20__ / Angeles City Jan 9, 20__ / Manila

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same are their free act and voluntary deed. This instrument, consisting of (__) pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and sealed with my notarial seal. WITNESS MY HAND AND SEAL on this ___day of __________________20__ at_______________. Notary Public Doc. No. ........; Page No. .......; Book No. .......; Series of 20__. Back to homepage of Free Legal Forms

Acknowledgement Receipt | Authority to Sell | Deed of Donation | Power of Attorney | Transfer of Rights | Offer to Purchase | Power of Attorney | Renovation Contract | Transfer or Rights

CONTRACT TO SELL
KNOW ALL MEN BY THESE PRESENTS: This CONTRACT TO SELL, made and executed this ____ day of _________, 20__ by and between: (NAME OF SELLER /VENDOR), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and postal address at (Address), hereinafter referred to as the "SELLER/VENDOR"; -AND(NAME OF BUYER/VENDEE), Filipino and with residence and postal address at (Address), hereinafter referred to as the "BUYER/VENDEE".

WITNESSETH; WHEREAS, the SELLER/VENDOR is the absolute and registered owner of a parcel of land consisting of LAND AREA IN WORDS (000) square meters, more or less, located at (Address of property to be sold) and covered by Transfer Certificate of Title No. (TCT Number) issued by the Registry of Deeds of (Name of Town or City); WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER /VENDOR has agreed to sell the above mentioned property under the terms and conditions herein below set forth; NOW THEREFORE, for and in consideration of the total sum of (Amount in words) (Php: 000,000.00) Philippine Currency, and of the covenants herein after set forth the SELLER/VENDOR agrees to sell and the BUYER/VENDEE agrees to buy the aforesaid property subject to the following terms and conditions: (Note: Terms and Conditions below are sample only, please revise) 1. The total consideration shall be One Million (Php: 1,000,000.00) PESOS, Philippine Currency, payable as follows: a) The amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, representing earnest money shall be payable by the BUYER/VENDEE to the SELLER/VENDOR upon signing of this Contract to Sell; b) The remaining balance in the amount of SEVEN HUNDRED THOUSAND (Php: 700,000.00) PESOS, shall be paid in Cash on or before ___________, 20__. c) In case the check representing the payment for the balance provided in paragraph b hereof, is dishonored by the drawee bank, the earnest money in the amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, shall be forfeited in favor of the SELLER/VENDOR. 2. Capital Gains Tax and Real Estate Tax, shall be for the account of the SELLER/VENDOR;

3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other miscellaneous fees and expenses shall be to the account of the BUYER/VENDEE; 4. Possession to the subject property shall be delivered by the SELLER/VENDOR to the BUYER/VENDEE upon full payment of the total consideration; 5. Upon full payment of the total price, the SELLER/VENDOR shall sign and execute a DEED OF ABSOLUTE SALE in favor of the BUYER/VENDEE. The SELLER/VENDOR shall likewise execute and/or deliver any and all documents, including but not limited to the original copy of Transfer Certificate of Title, Tax Declaration and all other documents necessary for the transfer of ownership from SELLER/VENDOR to the BUYER/VENDEE. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this ___ day of ____________, 20__ at _________________________, Philippines.

(SELLER/VENDOR) Name

(BUYER/VENDEE) Name

WITH MARITAL CONSENT: ________________________ Name of Seller/Vendor's Spouse _________________________ Name of Buyer/Vendee's Spouse

SIGNED IN THE PRESENCE OF: __________________________ ____________________________

ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) _____________________________ ) SS. BEFORE ME, a Notary Public, this ____________day of ________________, personally appeared the following: Name (Name of Seller/Vendor) (Name of Buyer/Vendee) CTC Number 10000000 10000000 Date/Place Issued February 5, 20__ / Pasay City January 14, 20__ / Quezon City

This instrument, consisting of ___ page/s, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and sealed with my notarial seal. IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above written. Notary Public Doc. No. ........; Page No. .......; Book No. .......; Series of 20__.

CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: I, ( N a me o f M o r t g a g o r ) of legal age, single/married to____________________ with postal address at _____________________________hereinafter known as the MORTGAGOR, and _________________________________ of legal age, single/married to ______________________ with postal address at _______________________________ hereinafter known as the MORTGAGEE, witnesseth: That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of (Amount in Words) (000,000.00), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR upon the signing of

this instrument, payable within a period of _____ years, with interest thereon at the rate of (___) % per annum; That for, and consideration of , this indebtedness, and to assure the performance of said obligation to pay, the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the MORTGAGEE, his heirs and assigns, the following personality now in the possession of said MORTGAGOR MAKE SERIES TYPE OF BODY YEAR MODEL : : : : MOTOR NO. SERIAL/CHASSIS NO. PLATE NO. FILE NO. : : : :

That the condition of this obligation is that should the MORTGAGOR perform the obligation to pay the hereinabove cited indebtedness of (Amount in Words) (000,000.00) together with accrued interest thereon, this chattel mortgage shall at once become null and void and of no effect whatsoever, otherwise, it shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____day of ____________ 20___ at ____ Philippines.

_______________________________ MORTGAGOR

_______________________________ MORTGAGEE

IN THE PRESENCE OF: _______________________________ _______________________________

ACKNOWLEDGEMENT

Republic of the Philippines) ________________________ ) S.S BEFORE ME, personally appeared: Name (Name of Mortgagor) (Name of Mortgagee) City Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed. CTC Number 10000000 10000000 Date/Place Issued Jan 01, __ / Quezon City Jan 11, __ / Las Pinas

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public Doc. No.______; Page No. ______; Book No.______; Series of 20__.

DEED OF SALE OF MOTOR VEHICLE


KNOW ALL MEN BY THESE PRESENTS:

That I, (Name of Seller), Filipino, of legal age, a resident of (Address of Seller), is the lawful owner of a certain motor vehicle which is more particularly described as follows:

MAKE SERIES TYPE OF BODY YEAR MODEL

: : : :

MOTOR NO. SERIAL/CHASSIS NO. PLATE NO. FILE NO. C.R. NO.

: : : : :

That for and in consideration of the sum of Amount in Words (P000.000.00) PESOS, Philippine Currency, receipt whereof is hereby acknowledged to my entire satisfaction, I hereby sell, transfer and convey by way of Absolute Sale unto (Name of Buyer), Filipino, of legal age, and resident of (Address of Buyer), the above described motor vehicle, free from all liens and encumbrances.

IN WITNESS WHEREOF, we have hereunto affixed our hands this____ day of _______________ at ________________.

(Name of Buyer) Vendee

(Name of Seller) Vendor

Signed in the presence of:

_____________________________

______________________________

ACKNOWLEDGEMENT Republic of the Philippines ) ) S.S

BEFORE ME, personally appeared:

Name

CTC Number

Date/Place Issued

(Name of Seller) (Name of Buyer)

10000000 10000000

Jan 01, __ / Angeles City Jan 04, __ / Manila

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______; Page No. ______; Book No.______; Series of 20___.

LEASE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of _____, this day of _______________, 20__, by and between:

(NAME OF LESSOR), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and postal address at (Address), hereinafter referred to as the LESSOR.

-AND-

(NAME OF LESSEE), Filipino and with residence and postal address at (Address), hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at (Address of property to be leased); WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the following: TERMS AND CONDITIONS 1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed that if at any time the premises are used for other purposes, the LESSOR shall have the right to rescind this contract without prejudice to its other rights under the law. 2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as my be mutually agreed upon by both parties, written notice of intention to renew the lease shall be served to the LESSOR not later than seven (7) days prior to the expiry date of the period herein agreed upon. 3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency. All rental payments shall be payable to the LESSOR. 4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency. wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months and the remaining one (1) month deposit shall answer partially for damages and any other obligations, for utilities such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the provision of this contract. 5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as when the checks are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in default of payment for One (1) month and may forfeit whatever rental deposit or advances have been given by the LESSEE. 6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in whole or in part by any person, form or corporation, neither shall the LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S written approval. 7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association dues and other public services and utilities during the duration of the lease. 8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render the leased premises during the term substantially unfit for use and occupation of the LESSEE, then this lease contract may be terminated without compensation by the LESSOR or by the LESSEE by notice in writing to the other. 9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE

or its representative at any reasonable hour to examine the same or make repairs therein or for the operation and maintenance of the building or to exhibit the leased premises to prospective LESSEE, or for any other lawful purposes which it may deem necessary. 10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all corresponding keys and in as good and tenable condition as the same is now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or termination for any reason whatsoever. 11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief against the other, the losing party shall pay an amount of One Hundred (100) % of the amount clamed in the complaint as attorney's fees which shall in no case be less than P50,000.00 pesos in addition to other cost and damages which the said party may be entitled to under the law. 12. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest and assigns. IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above written.

(Name of Lessor) LESSOR

(Name of Lessee) LESSEE

Signed in the presence of:

_____________________________

______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)

_________________________) S.S

BEFORE ME, personally appeared:

Name

CTC Number

Date/Place Issued

(Name of Lessor) (Name of Lessee)

10000000 10000000

February 24, 20__ / Cavite City January 07, 20__ / Makati

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this acknowledgement is written, has been signed on each and every page thereof by the concerned parties and their witnesses, and and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______; Page No. ______; Book No.______; Series of 20___.

AFFIDAVIT

I, (Insert Name of Affiant) , Filipino citizen, of legal age, single/married to (Insert Name of Spouse if any), and a resident of (Insert Address of Affiant), after having been duly sworn in accordance with law, hereby depose and say: 1. ....................................................................................................................... ........................................................................................................................... ........................................................................................................................... 2. ........................................................................................................................ ............................................................................................................................ ............................................................................................................................ 2. ........................................................................................................................ ............................................................................................................................ ............................................................................................................................ Further Affiant sayeth none. IN WITNESS WHEREOF, I have hereunto affixed my signature this ......... day of ..................... , 20__ in ..................................... Philippines.

........................................................................ (Signature of Affiant over Printed Name)

SUBSCRIBED AND SWORN before me this........ day of ........................... 20__, by ............................................. who exhibited to me his CTC No. ................................... issued on ................................. at ...........................................

Notary Public Doc. No. .........: Page No. .........; Book No. .........; Series of 20__.

AFFIDAVIT OF LOSS
REPUBLIC OF THE PHILIPPINES) _____________________________ ) S.S. I, (Name of Affiant)., Filipino, of legal age, residing at (Address of Affiant), after having been sworn in accordance with law hereby depose and state: That I am the true and lawful owner of a certain motor vehicle which is more particularly described as follows:

MAKE SERIES TYPE OF BODY YEAR MODEL

: : : :

MOTOR NO. SERIAL/CHASSIS NO. PLATE NO. FILE NO.

: : : :

(Change the declaration below to the actual circumstances) That sometime in June of this year, I was looking for the original Certificate of Registration of my car but to my surprise, said Owners original Copy could not found; That I took pains to look for said Certificate of Registration, but to no avail; That I am executing this affidavit to attest to the truth of the foregoing and to request from the Land Transportation Office of Angeles City, a copy of said Certificate of Registration. IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of _______________. 20___ at _________________________.

(Name Over Signature of Affiant) SUBSCRIBED AND SWORN to before me, this ____ day of ______________, 20___ in ___________________ City, with affiant exhibiting his CTC No. _______________ , Issued on ______________________ at _________________________. NOTARY PUBLIC Until December 31, 200___ Doc. No. : ________; Page No. : ________; Book No. : ________; Series of 20___.

EARNEST MONEY RECEIPT AGREEMENT


Received from (Name of Buyer) with postal address at ( Address), the sum of (Amount in Words) (P 000,000.00) covered by ABC Bank, check # 00000000 dated January 1, 20__ representing EARNEST MONEY for payment of a Two-Story house and lot located at (Address of Property) covered by T.C.T. No. T-00000. This EARNEST MONEY forms part of the purchase price of (Amount in words) (P 0,000,000.00). The balance and full payment shall be paid on or before __________________.

The BUYER hereby reserves the exclusive right to purchase the aforementioned property and the SELLER cannot offer the aforementioned property to any third party until _____________________. Upon full payment, the SELLER shall execute a DEED OF ABSOLUTE SALE in favor of the BUYER, conveying the subject property with full warranty of a legal and valid title as provided by law, free and clear from any liens and encumbrances. Upon execution of the DEED OF ABSOLUTE SALE, the SELLER shall undertake the payment of the Capital Gains Tax. The BUYER shall shoulder the payment of the Documentary Stamps Tax, Transfer Tax, Registration Fee and all other expenses to transfer the title of the property under his name. In case of voluntary cancellation of this agreement by the BUYER without any cause on the part of the SELLER or if the BUYER fails to comply with his obligations mentioned, then the SELLER shall have the right to terminate this agreement in which case the EARNEST MONEY in the amount of (Amount in words) (P 000,000.00) shall be forfeited in favor of the SELLER as liquidated damages.

January 1, 20___

(SELLER) Signature over Printed Name

(BUYER) Signature over Printed Name

AFFIDAVIT OF DESISTANCE
REPUBLIC OF THE PHILIPPINES) CITY OF MANILA ) S.S. (the persons and circumstances below is fictional, please revise) I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila, after having duly sworn to in accordance with law hereby depose and state: 1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in the case entitled "People of the Philippines versus Jesus Santos", Criminal Case No. 12345, Metropolitan Trial Court, Branch No. 11, City of Manila. 2. After my sober and soul searching assessment and analysis of the incident, I have realized that because I was not wearing my eyeglasses and it was dark, I can not point out, without a doubt the accused or any other person/s who inflicted harm against me.

3. Since I could not state with certainty and without doubt the liability of Jesus Santos, in fairness to him, I am permanently withdrawing my complaint against him. I clear him of whatever responsibility or liability to me. 4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the Philippines versus Jesus Santos", Metropolitan Trial Court, Branch No. 11, City of Manila. 5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to dismiss with prejudice the said criminal case. IN WITNESS WHEREOF, I hereby set my hand this __ day of September 20__ at the City of Manila.

Juan de la Cruz Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City of Manila, Philippines.

Romeo Abad Public Prosecutor

January 1, 20__ ACKNOWLEDGEMENT RECEIPT Received from Atty. Juan Santos the amount of One Hundred Thirty Five Thousand Pesos (P135,000.00) BPI Roxas Boulevard Manila Branch check # 12345-67890 representing the payment of: Two (2) months deposit and one (1) month advance for the lease of condominium unit # 540 Philippine Executive Towers, Ayala Avenue, Makati City.

Received by:

Victor Gonzalez

Note: The Acknowledgement Receipt can be used as proof of payment for: services rendered, rental payments, partial payments or for any other payment that needs acknowledgement.

ACKNOWLEDGEMENT OF DEBT
KNOW ALL MEN BY THESE PRESENTS: I, ______________________________, Filipino, of legal age, single / married to ___________________________with postal address at ___________________________________________________________ witnesseth: That I am indebted in the sum of________ (amount in words) __________ PESOS (P: 000,000.000), Philippine Currency, to _________________________________________ also a Filipino, of legal age, single / married to _______________________________________ with postal address at ______________________________________________________. That I shall pay the sum of _________________________________ PESOS (P 000,000.00) unto the said ____________________________ within a period of (state the repayment period days/months/years) from the execution hereof , with interest at the rate of (state the interest rate in words) ( 0.0 %) percent per year. IN WITNESS WHEREOF I have affixed my signature hereto this _____ day of ____________, 20__ at ___________________________. at___________________________, Philippines. _____________________________ (Printed Name Over Signature) WITNESSES:

________________________

_______________________

ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES) _____________________________ ) SS. BEFORE ME, a Notary Public, this ____________day of ________________, personally appeared the following: Name (Name of Debtor) CTC Number 10000000 Date/Place Issued January 15, 20__ / Manila

IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above written.

Notary Public Doc. No. .......; Page No. .......; Book No. .......; Series of 20__.

GENERAL POWER OF ATTORNEY


KNOW ALL MEN THESE PRESENTS: I, (Name of Principal), of legal age, single/married to (Name of spouse if any), Filipino, a resident of (Address), do hereby name, constitute, and appoint (Name of Agent /Attorney-InFact), to be my true and lawful attorney, for me and in my name, place, and stead, to do and perform the following acts and things to wit: To ask, demand, collect any and all sums of money, sue to recover debts, dues, accounts, dividends, legacies, bequests, interests , and other things of value of whatever nature or kind as may now be or may hereafter become due owing, payable or belonging to me, and to have, sue, and to take any all lawful ways and means for the recovery thereof by suit, attachment, compromise or otherwise; To make, sign, execute, and deliver contracts, agreements, documents and other writings of whatever nature or kind, with any and all third persons, entities or concerns, upon terms and conditions acceptable to my said attorney; To delegate in whole or in part any all of the powers herein granted or conferred, by means of an instrument in writing, favor of any third persons whom my said attorney may select; HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever requisite or necessary or proper to be done in and about the premises as fully to all intents and purposes as I might and could lawfully do if personally present, with power of substitution and revocation, and hereby, ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, We have hereunto affixed our signatures this ___________ day of ____________________ , 20__ in ______________________, Philippines.

___________________________________ (Principal)

__________________________________ (Agent /Attorney-In-Fact)

Signed in the presence of:

_____________________________

______________________________

ACKNOWLEDGEMENT

Republic of the Philippines) ) S.S

BEFORE ME, personally appeared:

Name

CTC Number

Date/Place Issued

(Name of Principal) City (Name of Agent) City

10000000

February 24, 20__ / Paranaque

10000000

January 28, 20__ / Mandaluyong

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;

Page No. ______; Book No.______; Series of 20___.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: WE, (Insert Name of Principal) single/married (insert name of spouse if married), of legal age, with residence and postal address at (Address) do hereby APPOINT (Insert name of Agent /Attorney-InFact)) single/married (insert name of spouse if married), likewise of legal age, with postal address at (Address) as our true and legal representative to act for and in our name and stead and to perform the following acts: To sell, offer for sale, and come to an agreement as to the purchase price and thereafter to sign for us and in our name and receive payment from the sale of our property more particularly described as follows: (Insert Description of Property) HEREBY GRANTING unto our representative full power and authority to execute and perform every act necessary to render effective the power to sell the foregoing properties, as though we ourselves, have so performed it, and HEREBY APPROVING ALL that he may do by virtue hereof with full right of substitution of his person and revocation of this instrument. IN WITNESS WHEREOF , WE HAVE HEREUNTO SET OUR HANDS THIS ____ DAY OF _______________ 20__, AT (Insert Place of execution of this Instrument).

_______________________________ (Name of Principal)

__________________________________ (Name of Agent /Attorney-In-Fact)

Republic of the Philippines ) _________________________) S.S BEFORE ME, personally appeared: Name (Name of Principal) (Name of Agent) CTC Number 10000000 10000000 Date/Place Issued Jan 09, 20__ / Angeles City Jan 16, 20__ / City of Manila

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public Doc. No.______; Page No. ______; Book No.______; Series of 20___.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: WE, (Insert Name of Principal) single/married (insert name of spouse if married), of legal age, with residence and postal address at (Address) do hereby APPOINT (Insert name of Agent /Attorney-InFact)) single/married (insert name of spouse if married), likewise of legal age, with postal address at (Address) as our true and legal representative to act for and in our name and stead and to perform the following acts: To sell, offer for sale, and come to an agreement as t o the purchase price and thereafter to sign for us and in our name and receive payment from the sale of our property more particularly described as follows: (Insert Description of Property) HEREBY GRANTING unto our representative full power and authority to execute and perform every act necessary to render effective the power to sell the foregoing properties, as though we ourselves, have so performed it, and HEREBY APPROVING ALL that he may do by virtue hereof with full right of substitution of his person and revocation of this instrument. IN WITNESS WHEREOF , WE HAVE HEREUNTO SET OUR HANDS THIS ____ DAY OF _______________ 20__, AT (Insert Place of execution of this Instrument).

_______________________________ (Name of Principal)

__________________________________ (Name of Agent /Attorney-In-Fact)

Republic of the Philippines ) _________________________) S.S BEFORE ME, personally appeared: Name (Name of Principal) (Name of Agent) CTC Number 10000000 10000000 Date/Place Issued Jan 09, 20__ / Angeles City Jan 16, 20__ / City of Manila

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL, on the date and place first above written. Notary Public Doc. No.______; Page No. ______; Book No.______; Series of 20___.

DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS

KNOW ALL MEN BY THIS PRESENTS: This deed, made and entered into this ___ day of __________, 20__ at the City of Manila, by and between: Juan de la Cruz, Filipino Citizen, of legal age, married to Juanita de la Cruz with residence and postal address at 1234 Oak Lane, Standard Subdivision, Quezon City, hereinafter referred to as the "ASSIGNOR" -andPedro San Juan, Filipino Citizen, of legal age, married to Patricia San Juan with residence and postal address at 123A Somerville Plaza Tower, 5678 Mahogany Avenue, Manila, hereinafter referred to as the "ASSIGNEE". WITNESSETH that WHEREAS the ASSIGNOR is the buyer of a 2-bedroom unit, located at 18C, Grand Towers Condominium, 234 Taft Avenue, Manila, with an area of SEVENTY EIGHT (78) SQUARE METERS more or less, covered by Condominium Certificate Title No. 98765 of the register of Deeds of Manila, registered in the name of the Bank of the Philippine Islands.; WHEREAS, the ASSIGNOR has offered to to assign all his rights, title and interest over the above unit, as referred in said Contract to Sell and the ASSIGNEE hereby accepts the assignment in accordance with the terms herein set forth; NOW, THEREFORE, for and in consideration of the foregoing premises and the sum of ONE MILLION PESOS (1,000,000.00), PHILIPPINE CURRENCY, which the ASSIGNOR hereby acknowledged to have received from the ASSIGNEE, the ASSIGNOR hereby assigns, transfers and conveys unto the ASSIGNEE, all his rights, title and interest to the aforementioned property and and appurtenant interest in the Condominium project pursuant to this Agreement and the ASSIGNEE by these presents hereby accepts the assignment and agrees to be bound by the terms and conditions of the Contract to Sell and the rules and regulations, and restrictions pertaining to the said unit. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and place first above written.

(Juan de la Cruz) ASSIGNOR

(Pedro San Juan) ASSIGNEE

Signed in the presence of:

_____________________________

______________________________

ACKNOWLEDGEMENT

Republic of the Philippines) _________________________) S.S

BEFORE ME, a notary for and in the City of Manila, personally appeared:

Name

CTC Number

Date/Place Issued

(Juan de la Cruz) (Pedro San Juan)

00000000 00000000

January 15, 20__ / Quezon City January 21, 20__ / Manila

known to me and to me known to be the same persons who executed the foregoing Deed of Assignment and transfer of Rights and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public Doc. No.______; Page No. ______; Book No.______; Series of 20___.

DEED OF DONATION
KNOW ALL MEN BY THESE PRESENTS: That I, ________________________of legal age, single / married to_______________________ with postal address at __________________________________________ hereinafter referred to as the DONOR, and _______________________, likewise of legal age, single / married to __________________________ with postal address at _________________________________ hereinafter called the DONEE, witnesseth:

That the DONOR is the registered owner of a parcel of land, more particularly described as follows: (Insert description of property to be donated)

That the DONEE is a cousin of the DONOR, who has lovingly dedicated five (5) years of his life as the latter's personal caregiver and companion;

That FOR AND IN CONSIDERATION of the DONEE'S trust, devotion and affection shown to the DONOR, and as an act of gratitude and liberality on his part, the DONOR hereby voluntarily GIVES, TRANSFERS, and CONVEYS by way of donation, unto the said DONEE, his heirs and assigns, the above described property, together with all the improvements found thereon, free from all liens and encumbrances; That the DONOR affirms that this donation is not made with intent to deceive his creditors, and that he has reserved for himself sufficient funds and property;

That the DONEE hereby accepts and receives this donation made in his favor by the DONOR, and hereby manifests his gratefulness for the latter's generosity.

IN WITNESS WHEREOF, both the DONOR & DONEE have hereunder subscribed their names this __________ day of __________________ 20__ at _____________________, Philippines.

_____________________________ DONOR

______________________________ DONEE

WITNESSES: _____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines) _________________________) S.S

BEFORE ME, a notary for and in the City of Makati, personally appeared:

Name

CTC Number

Date/Place Issued

(Donee)

00000000

June 28, 20__ / Makati City

known to me and to me known to be the same persons who executed the foregoing Deed of Donation and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public Doc. No._____; Page No. _____; Book No._____; Series of 20__.

AGREEMENT FOR THE RENOVATION OF ABC COFFEE SHOP

KNOW ALL MEN BY THIS PRESENTS: THAT WE, (Contractor's Name), of legal age, single/married, a resident of (Address), hereinafter known as the CONTRACTOR and (Name of Owner), of legal age, single/married, a resident of (Address) and hereinafter known as the OWNER, do hereby agree and state: 1. That the CONTRACTOR agrees to finish/renovate ABC COFFEE SHOP located at (Address) at the contract price of Pesos: 000,000.00 (Amount in Words). 2. That the CONTRACTOR shall secure the necessary permits for construction, he shall be responsible in purchasing materials, recruiting personnel, coordinating with the architect and owner/s as regards to design details and approval of materials. 3. That the CONTRACTOR shall finish and turn over the said coffee shop at the said contract price and in accordance with the plans and specifications 4. That the CONTRACTOR shall pay a penalty of 1% of the contract price for every day of delay of turnover. 5. That the starting date of construction shall be on January 1, 20__. 6. That the turnover date shall be on March 1, 20__. 7. That the OWNER, agrees to pay 30% of the contract price at least 5 working days before the projected starting date as down payment and the 70% balance to be paid in weekly equal payments based on the date of the signing until the projected completion of the project. Additional cost, if any, shall be paid on an as-required basis. 8. That 10% of payments to the CONTRACTOR shall be retained by the OWNER as guarantee of completion of work. 9. That the retention guarantee shall be released no later than two (2) weeks after the acceptance of the owner of the renovation done. 9. That the SCOPE OF WORK are as follows: I. ELECTRICAL: Layout and install electrical wirings, conduits, boxes, circuit breakers, convenience outlets and electrical provision for appliances, signages & telephone wirings Install Automatic voltage regulator for the water purification system Install pin lights, special drop lights, recessed lighting, halogen directional lights and other electrical requirements as specified on the plans. II. CEILING: Install suspended ceiling joist system as specified on the reflected ceiling plan Use Gypsum board as ceiling, finished with one coat of sealer and followed by two semigloss enamel with stippled finish III. GLASS: Install 12mm thick clear tempered glass panels (exterior walls) with bottom frame in accordance with the working drawings on the Signage Plans Elevation 1, 2, & 3) IV. PLUMBING: Install high density polypropylene (PP-R) piping for water line Install polyvinyl (PVC) pipe for sewer and waste line with solvent cement joint (ASTM D2564) Water proof all wet areas with Hygard, Thoroseal or approved equivalent Test all lines to at least 100 psi for 2 hrs. Submit as-built plan duly signed by a licensed sanitary engineer V. COUNTERS Fabricate and install counters using plywood with 12mm solid surfacing material. Shelves, cabinet doors, laminates and other details on finishes: as per specification

VI. FLOORING: Install 12 x 12 Mariwasa ceramic floor tiles (Montalban Beige & Red). VII. MISCELLANEOUS: Fabricate and install kitchen door Paint, tile, and finish interior walls as specified on the Schedule of Finishes Fabricate 3mm metal decorative frieze in antique finish IN WITNESS WHEREOF, we have hereunder signed our names, this ___day of ______________, 20__ at______________________, Philippines.

_____________________________ OWNER

_______________________________ CONTRACTOR

SIGNED IN THE PRESENCE OF: _____________________________ ________________________________

ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) ) S.S. BEFORE ME, a notary public for and in the City of ___________________, this ____ day of January, 20__, personally came and appeared:

________________________________ OWNER TIN #___________________________ CTC # __________________________ Issued On_______________________ Issued At________________________

_____________________________ CONTRACTOR TIN #___________________________ CTC #__________________________ Issued On_______________________ Issued At________________________

known to me and to me known to be the same persons who executed the foregoing instrument which consist of three pages, including this page, acknowledged before me as their free and voluntary act and deed. WITNESS MY HAND AND SEAL this _______ day of January, 20__. NOTARY PUBLIC Doc No.______; Page No.______; Book No.______; Series of 20___.

EXCLUSIVE (NON-EXCLUSIVE) AUTHORITY TO SELL (LEASE)

THIS IS TO AUTHORIZE (Name), of legal age, a resident of (Address) , to do and perform any and all of the following acts: (In case of a corporation, replace above with: THIS IS TO AUTHORIZE [Name of Corporation], a domestic corporation existing under and by virtue of the laws of the Philippines, with principal office located at [Address], to do and perform the following acts:) TO SELL (or TO RENT OUT) my house and lot located at (Address), more particularly described as follows: Block No. _________ Lot No. __________ Lot Area: __________ square meters Transfer Certificate of Title No. __________ That (Name /Corporation) shall receive a commission fee equivalent to FIVE (5%) PERCENT of the total selling price as stipulated in the Deed of Sale or Contract to Sell, payable upon the execution of the instrument. (In case of rent, replace above with: That (Name /Corporation) shall receive a commission fee equivalent to ONE MONTH RENT as stipulated in the Rental /Lease Contract, payable upon the execution of the instrument. In case of renewal of lease, (Name /Corporation) shall receive an equivalent of ONE MONTH RENT for every year of lease as stipulated in the Rental /Lease Contract, payable upon the execution of the instrument.) (Add terms as required) This exclusive (or Non-Exclusive) authority shall become ineffective only after 30 (60 or 90) days from receipt of either party of a written notice terminating such authority.

__________________________________ OWNER Signature Over Printed Name Name of Owner: _________________________________________ Spouse: _________________________________________________ Home Address: __________________________________________ Telephone Nos. __________________________________________ Office Address: __________________________________________ Telephone Nos. __________________________________________ Date: _______________________

January 5, 20__ OFFER TO PURCHASE (Real Estate) Mr. Jerry Benitez 18 Sunflower St, New Manila, Quezon City

Re: Blk.___ Lot___, Camilla St., Manila; with lot area of _____sqm. more or less; covered by T.C.T. No. ______________

Dear Mr. Benitez, This is to express our firm offer to buy the above stated property through our authorized brokers, Alex Ortiz, subject to the following terms and conditions: Purchase Price PhP: ______________________ Terms and Conditions: 1) Upon acceptance of this offer, earnest money in the amount of ___amount in words__ (Php:________) shall be paid and shall be credited as part of the purchase price. 2) The balance, in the amount of ___amount in words__ (Php:________) shall be paid in full within 15 working days. 3) The Capital Gains Tax and Broker's commission shall be for the account of the SELLER, while the Documentary Stamps, Transfer Tax and Registration Fees shall be for the account of the BUYER. Note: Revise above conditions / add or delete terms and conditions as applicable to you. If the above terms and conditions are acceptable to you, please signify your conformity by signing on the space provided below.

Truly yours,

-------------------------------James Santos, Jr. (Buyer)

Conforme:

-------------------------------Victor Benitez

(Seller)

January 5, 20__ OFFER TO PURCHASE (Real Estate) Mr. Jerry Benitez 18 Sunflower St, New Manila, Quezon City

Re: Blk.___ Lot___, Camilla St., Manila; with lot area of _____sqm. more or less; covered by T.C.T. No. ______________

Dear Mr. Benitez, This is to express our firm offer to buy the above stated property through our authorized brokers, Alex Ortiz, subject to the following terms and conditions: Purchase Price PhP: ______________________ Terms and Conditions: 1) Upon acceptance of this offer, earnest money in the amount of ___amount in words__ (Php:________) shall be paid and shall be credited as part of the purchase price. 2) The balance, in the amount of ___amount in words__ (Php:________) shall be paid in full within 15 working days. 3) The Capital Gains Tax and Broker's commission shall be for the account of the SELLER, while the Documentary Stamps, Transfer Tax and Registration Fees shall be for the account of the BUYER. Note: Revise above conditions / add or delete terms and conditions as applicable to you. If the above terms and conditions are acceptable to you, please signify your conformity by signing on the space provided below.

Truly yours,

-------------------------------James Santos, Jr. (Buyer)

Conforme:

-------------------------------Victor Benitez (Seller)

LAST WILL AND TESTAMENT


KNOW ALL MEN BY THESE PRESENTS: I, ____name of testator_____ , Filipino citizen, of legal age, single/married to ___insert name of spouse if any___, born on the ____th of ______________, ____ , a resident of __insert address__ , being of sound and disposing mind and memory, and not acting under undue influence or intimidation from anyone, do hereby declare and proclaim this instrument to be my Last Will and Testament, in English, the language which I am well conversant. And I hereby declare that: I. I desire that should I die, it is my wish to be buried according to the rites of the Roman Catholic Church and interred at our family mausoleum in Manila; II. To my beloved wife _____name of wife_____, I give and bequeath the following property to wit:_________________________ ; III. To my esteemed children, ________________________ and ______________________I give and bequeath the following properties to wit:_______________________________ in equal shares; IV. To my dear brother, __________________________I give and bequeath the following properties to wit:_______________________________. V. To my loyal assistant, __________________________I give and bequeath the following properties to wit:_______________________________. VI. I hereby designate ____name of executor_____ the executor and administrator of this Last Will and Testament, and in his incapacity, I name and designate _____________________ as his substitute. VII. I hereby direct that the executor and administrator of this Last Will and Testament or his substitute need not present any bond; VIII. I hereby revoke, set aside and annul any and all of my other will or testamentary

dispositions that I have made, executed, signed or published preceding this Last Will and Testament. IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of _____________, 20__, in ________________, Philippines. _______________________________________ (Signature of Testator over Printed Name)

ATTESTATION CLAUSE
We, the undersigned attesting witnesses, do hereby affirm that the forgoing is the last Will and Testament of ___name of testator___ and we certify that the testator executed this document while of sound mind and memory. That the testator signed this document in our presence, at the bottom of the last page and on the left hand margin of each and every page, and we, in turn, at the testator's behest have witnessed and signed the same in every page thereof, on the left margin, in the presence of the testator and of the notary public, this _____ day of __________, 20__ at____________. ______________________________ Signature of Witness ______________________________ Signature of Witness ______________________________ Signature of Witness ____________________________________________ Address ____________________________________________ Address ____________________________________________ Address

JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and in the city of ________________, personally appeared: The testator ________________, with CTC No. __________ issued at ___________ on ____________; Witness, ___________________, with CTC No. __________ issued at ___________ on ____________; Witness, ___________________, with CTC No. __________ issued at ___________ on ____________; Witness, ___________________, with CTC No. __________ issued at ___________ on ____________;

all known to me to be the same persons who executed the foregoing Will, the first as testator and the last three as instrumental witnesses, and they respectively acknowledged to me that the same as their own free act and deed. This Last Will and Testament consists of __ page/s, including the page on which this acknowledgment is written, and has been signed on the left margin of each and every page thereof by the testator and his witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place above written.

Notary Public Doc. No. _____; Page No._____; Book No._____; Series of 20__.

MEMORANDUM

TO: Chief Prosecuting Attorney FROM: Anne Onimus DATE: August 21, 2007 RE: Charging Joseph Haney with Commission of Armed Robbery Question Presented Did Joseph Haney effectively simulate a deadly weapon and create a lifethreatening environment, sufficient to satisfy the Arizona armed robbery statute, by thrusting his hand into a pocket and telling the store clerk that it was a "holdup" and to "[l]ie still if you want to live," when the victim was unsure whether Haney had such a weapon, when Haney used both hands to grab money from the cash register, and when the only objects found in Haney's possession were the stolen cash and a package of mints?

Brief Answer

No. Mere words and threats to use a deadly weapon are insufficient to support such a charge, because under Arizona law, the victim must reasonably perceive that the robber is armed with a deadly weapon, even if the robber is merely simulating the presence of the weapon. The ambiguity of Haney's actions and the fact that Haney's victim did not perceive that he was armed do not satisfy the requirements of the Arizona armed robbery statute.

Statement of Facts This office is considering whether to prosecute Joseph Haney for armed robbery. Haney was arrested on August 12, 2007, for robbing Albert's Quik-Stop, a convenience store in Tempe. According to the store clerk, Richard Lopez, Haney entered the store at approximately 10:30 p.m. No other customers were in the store. Haney, who was visibly nervous, approached Lopez, thrust his right hand into the pocket of his windbreaker, and shouted, "Can't you tell this is a holdup? Give me the money in the register, man! Don't make me hurt you!"

Lopez stated he was unsure whether Haney had a weapon in the pocket. He described Haney as being large and muscular, and he said that Haney's physical size persuaded him to cooperate by opening the register. When Lopez did so, Haney jumped over the counter and knocked Lopez to the ground, saying, "Lie still if you want to live." Haney grabbed money from the register with both his hands and placed

the bills in the pockets of his jeans and windbreaker. Haney then leaped back over the counter and fled from the store. A patrol car had just pulled up to the Quik-Stop's gas pumps, and the officer driving it observed Haney running from the store. The officer pursued and captured Haney and, upon a search of the suspect's pockets, discovered the stolen money and a cylindrical package of mints in the windbreaker pocket. He did not find any type of weapon.

Discussion It is unlikely that Joseph Haney will be convicted of armed robbery because the State will not be able to establish that the victim of the robbery perceived Haney to be armed with a deadly weapon. In order to successfully prosecute Joseph Haney for armed robbery, the State must prove that he was armed with or that he used or threatened to use a deadly or a simulated deadly weapon. Ariz. Rev. Stat. Ann. 13-1904(A) (West 1984). Because Haney did not have an actual weapon when he committed the robbery, the issue here is whether Haney's victim reasonably perceived Haney to be armed with a deadly weapon. Mere words indicating the presence of a deadly weapon are not enough to satisfy the statute. In one case, the court found that a robber's verbal threats to use a deadly weapon were not enough to support the perception that she was armed. State v.

Rodriguez, 791 P.2d 633, 638 (Ariz. 1990). In the Rodriguez robbery, the defendant kept her right hand out of sight and threatened to "shoot the smile off" the victim's face if he did not cooperate with her. Id. at 634. In concluding that the robber did not simulate a deadly weapon, the Rodriguez court found it significant that her hand was not visible and that she did not make any physical movement to indicate that she had a deadly weapon. Any object may suffice as a simulated deadly weapon, provided that the victim reasonably perceives it to be an actual weapon. State v. Felix, 737 P.2d 393, 394 (Ariz. App. 1986). The defendant in Felix pressed a nasal inhaler against his

victim's back, declaring that he had a gun. Based on what he felt, the victim perceived that a gun was pressed against his back. Id. On these facts, the court had no difficulty in finding that the defendant had simulated a deadly weapon. Id. In another decision focusing on the victim's perception, the court upheld the armed robbery conviction of a man who used his hand under his clothing to simulate a gun during a robbery. State v. Ellison, 819 P.2d 1010, 1013 (Ariz. App. 1991). The court found it significant that the defendant simulated a weapon with his hand, observing that "[t]he victim's perception is the same whether the weapon appears to be or is in fact real." Id. at 1012. In the court's view, the defendant's act posed the same potential for harm to or reaction from the victim and any bystanders. Id. at 1013. Because

the victims in Ellison could reasonably have believed that the shape they saw under the defendant's clothing was a gun, rather than his hand, the defendant created the lifethreatening environment which the armed robbery statute seeks to punish. The court distinguished this case from Rodriguez by noting that in Rodriguez, "the victim never saw anything resembling a weapon; the defendant only implied that she had a gun when she threatened to 'shoot the smile off' the victim's face." Id. at 1012 (citing Rodriguez, 791 P.2d at 633). While these distinctions are small, they are supported by the policy behind the armed robbery statute. In passing the armed robbery statute, the Arizona legislature meant to punish more severely those who used deadly or simulated deadly weapons in the course of a robbery and who thus created "[t]he potential for increased danger to, or sudden and violent reaction by, the victim or bystanders." Rodriguez, 791 P.2d at 637. Indeed, the Rodriguez court observed that if the penalty were the same for

those who possessed a weapon and those who were unarmed, there would be no deterrent to the use of weapons. Id. Taken together, these cases suggest that, in ambiguous circumstances, it is important to determine whether the victim could have reasonably believed that the robber had a deadly weapon. In the present case, the question is whether the store clerk could reasonably have perceived that Haney was armed. Haney's words were not enough. Like the robber in

the Rodriguez case, Haney verbally threatened his victim with harm, shouting, "Don't make me hurt you!" and instructing him to "[l]ie still if you want to live." Unlike that robber, however, Haney accompanied his words with action, thrusting his hand into his pocket. Although the arresting officer found a cylindrical package of mints in Haney's pocket, nothing in Lopez's account suggests that Haney used the package to simulate a weapon in the way the defendant in Felix used the nasal inhaler to approximate the barrel of a gun. And although the Ellison case established that a person's hands could be perceived to be a deadly weapon, this analysis does not fit the facts of the Haney case. Haney simply thrust his hand into his pocket. Had he simultaneously claimed that he had a gun, or had he used more definitive gestures to suggest a gun, such as poking his finger into the fabric of his windbreaker pocket or simulating the barrel of a gun with the package of mints, there might be a basis for prosecution. Nothing in the victim's statement, however, indicates such a perception. For one thing, Lopez admitted not knowing whether Haney had a weapon. Lopez said he opened the cash register because he felt physically intimidated by Haney's size, not because he feared Haney was armed. Haney's words, while threatening, did not expressly suggest that he had a deadly weapon. Moreover, Lopez stated that he watched Haney use both hands to scoop the cash into his pockets, including the windbreaker pocket. Had Haney been holding a weapon, it is unlikely he would have

let it go; the hand holding the weapon would have remained in his pocket and he would not have put cash there. These facts show that Lopez never perceived the presence of a weapon, and therefore, Haney did not create the life-threatening environment which is necessary to support a prosecution under the armed robbery statute.
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