Professional Documents
Culture Documents
2nd
Semester
Legal Forms Manual
Submitted
by
Ateneo
Law
3D
SY
’08‐‘09
An
indispensible
tool
guide
for
the
law
student
and
the
practicing
lawyer,
this
manual
covers
the
different
basic
legal
forms
as
well
as
the
quintessential
legal
forms
used
in
both
corporate
and
litigation
practice.
Aguinaldo
and
Temprosa
(ed.),
Aquino,
I.,
Aquino,
T.,
Austria,
Bandong,
Bautist a ,
Bisnar,
Chotrani,
Concepcion,
Cruz,
Dino,
Enriquez,
Fernandez,
Flores,
Gan,
G o ,
Gonzales,
Hosaka,
Labaguis,
Laurente,
Lee,
Lim,
Macasaet,
Martinez,
Nepomucen o ,
Oberio,
Pano,
Penaflorida,
Reyes,
Sabio,
Salvahan,
Sandico,
Singson,
Tan,
E.,
Ta n ,
L.,
Teehankee,
Verzosa,
Zuniga
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
2
CHAPTER 1: JURISDICTION
What
is
JURISDICTION?
Authority
given
by
law
to
a
court
or
tribunal
to
hear
and
determine
certain
controversies
involving
rights
which
are
legally
demandable
and
enforceable
It
is
the
legal
authority
to
hear
and
determine
a
cause
or
the
right
to
act
in
a
case.
What
is
its
SIGNIFICANCE
to
LEGAL
FORMS?
It
is
important
to
know
which
court
has
jurisdiction
over
the
particular
case
a
lawyer
is
handling
in
order
to
determine
where
proceedings
should
be
initiated.
KINDS
OF
JURISDICTION
According
to
Types
of
Cases
Tried
General
jurisdiction
‐
extends
to
all
controversies
which
may
be
brought
before
a
court
within
the
legal
bounds
of
rights
and
remedies
Limited
or
Special
jurisdiction
‐
confined
to
particular
cases,
and
can
be
exercised
only
under
the
circumstances
prescribed
by
the
statute
According
to
Power
of
Review
Original
‐
exercised
in
the
court
at
first
instance
Appellate
‐
power
and
authority
conferred
upon
a
superior
court
to
re‐hear
and
determine
causes
which
have
been
tried
in
inferior
courts
According
to
Extent
of
Exercise
Exclusive
‐
confined
to
a
particular
tribunal
or
grade
of
courts
and
possessed
by
it
to
the
exclusion
of
others
Concurrent
‐
exercise
by
different
courts
at
the
same
time
over
the
same
subject
matter
and
within
the
same
territory,
and
wherein
litigants
may,
in
the
first
instance,
resort
to
one
of
them
indifferently
(but
taking
into
consideration
the
doctrine
of
judicial
hierarchy)
According
to
Situs
Territorial
Jurisdiction‐
exercised
within
the
limits
of
the
place
where
the
court
is
located
Extra‐territorial
Jurisdiction
‐
exercised
beyond
the
confines
of
the
place
where
the
court
is
located
IMPORTANT
PRINCIPLES
TO
REMEMBER
Doctrine
of
Ancillary
Jurisdiction
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
3
Involves
the
inherent
or
implied
powers
of
the
court
to
determine
issues
incidental
to
the
exercises
of
its
primary
jurisdiction
Under
its
ancillary
jurisdiction
the
court
may
determine
all
questions
relative
to
the
matters
brought
before
it,
regulate
the
manner
in
which
a
trial
shall
be
conducted,
determine
the
hours
at
which
the
witnesses
and
lawyers
may
be
heard,
appoint
a
receiver
etc.
Policy
of
Judicial
Hierarchy
The
higher
court
will
not
entertain
direct
resort
to
it
unless
the
redress
desired
cannot
be
obtained
in
the
appropriate
lower
courts.
For
example,
although
the
Supreme
Court,
Court
of
Appeals
and
Regional
Trial
Courts
have
concurrent
original
jurisdiction
to
issue
writs
of
certiorari,
prohibition
and
mandamus,
the
application
should
still
be
filed
with
the
lower
court
unless
the
importance
of
the
issue
involved
deserves
action
of
the
court
of
higher
level.
Doctrine
of
Primary
Jurisdiction
When
an
administrative
body
is
tasked
with
the
determination
of
facts
relating
to
a
special
or
technical
filed,
the
courts
must
give
such
body
the
opportunity
to
do
so
before
proceeding
with
judicial
action.
Doctrine
of
Adherence
of
Jurisdiction
Once
jurisdiction
is
vested
in
a
court,
it
is
retained
by
such
until
the
end
of
litigation
regardless
of
circumstances
that
would
have
prevented
the
continued
exercise
of
jurisdiction
by
the
court.
Hence,
a
law
enacted
during
the
pendency
of
a
case
which
transfers
jurisdiction
to
another
court
does
not
affect
cases
already
pending
prior
to
its
enactment.
Exceptions:
1. When
the
law
expressly
provides
for
retroactive
application
2. When
the
change
of
jurisdiction
is
curative
in
nature
3. When
there
is
a
perfected
appeal,
here,
jurisdiction
is
transferred
to
the
appellate
court
Exclusionary
Principle
The
court
first
acquiring
jurisdiction
exercises
it
to
the
exclusion
of
all
others.
JURISDICTION
OF
DIFFERENT
COURTS,
TRIBUNALS
AND
QUASI‐JUDICIAL
AGENCIES1
Jurisdiction
over
Civil
Cases
1
Feria
Noche,
Civil
Procedure
Annotated,
Volume
1,
2001
Ed.
Ateneo
Remedial
Law
Bar
Reviewer
2007.
1987
Constitution.
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
4
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
5
1.
Civil
actions
and
probate
proceedings,
1.
All
civil
actions
in
which
the
subject
of
the
testate
and
intestate,
including
the
litigation
is
incapable
of
pecuniary
grant
of
provisional
remedies
in
proper
estimation
cases,
where
the
value
of
the
personal
property,
estate,
or
amount
of
the
2.
All
civil
actions
which
involve
the
title
to,
demand
does
not
exceed
P300,000,
or
or
possession
of,
real
property,
or
any
in
Metro
Manila,
where
such
personal
interest
therein,
where
the
assessed
property,
estate
or
amount
of
the
value
of
the
property
involved
exceeds
demand
does
not
exceed
P400,000
P20,000,
or
for
civil
actions
in
Metro
Manila
where
such
value
exceeds
N.B.Exclusive
of
interest,
damages
of
P50,000,
except
actions
for
forcible
entry
whatever
kind,
attorney's
fees,
litigation
into
and
unlawful
detainer
of
lands
or
expenses,
and
costs,
the
amount
of
buildings,
original
jurisdiction
over
which
which
must
be
specifically
alleged:
is
conferred
upon
Metropolitan
Trial
Original
&
Provided,
That
where
there
are
several
Courts,
Municipal
Trial
Courts,
and
Exclusive
claims
or
causes
of
action
between
the
Municipal
Circuit
Trial
Courts
Jurisdiction
same
or
different
parties
embodied
in
the
same
complaint,
the
amount
of
the
3.
All
actions
in
admiralty
and
maritime
demand
shall
be
the
totality
of
the
jurisdiction
where
the
demand
or
claim
claims
in
all
the
causes
of
action,
exceeds
P300,000,
or
in
Metro
Manila,
irrespective
of
whether
the
causes
of
where
such
demand
or
claim
exceeds
action
arose
out
of
the
same
or
different
P400,000
transactions
4.
All
matters
of
probate,
both
testate
and
2.
Admiralty
and
maritime
cases
where
the
intestate,
where
the
gross
value
of
the
demand
or
claim
does
not
exceed
estate
exceeds
P300,000,
or
in
probate
P300,000,
or
in
Metro
Manila,
where
matters
in
Metro
Manila,
where
such
such
demand
does
not
exceed
gross
value
exceeds
P400,000
P400,000.
Where
there
are
several
claims
or
causes
of
action
between
the
5.
Corporate
suspension
of
payments
and
same
or
different
parties
embodied
in
rehabilitation
proceedings
in
pursuance
the
same
complaint,
the
amount
of
the
of
the
Securities
Regulation
Code
demand
shall
be
the
totality
of
the
claims
in
all
the
causes
of
action
N.B.
The
Securities
and
Exchange
irrespective
of
whether
the
causes
of
Commission
shall
retain
jurisdiction
over
action
arose
out
of
the
same
or
pending
suspension
of
payment
cases
or
different
transactions
rehabilitation
cases
filed
on
or
before
June
30,
2000
until
finally
disposed
of
or
3.
Forcible
entry
and
unlawful
detainer:
until
the
termination
of
the
liquidation
Provided,
That
when
in
such
cases,
the
proceedings.
(R.A.
No.
8799)
defendant
raises
the
question
of
ownership
in
his
pleadings
and
the
6.
All
cases
not
within
the
exclusive
question
of
possession
cannot
be
jurisdiction
of
any
court,
tribunal,
person
resolved
without
deciding
the
issue
of
or
body
exercising
jurisdiction,
or
any
ownership,
the
issue
of
ownership
shall
court,
be
resolved
only
to
determine
the
issue
tribunal,
person
or
body
exercising
of
possession
judicial
or
quasi‐judicial
functions
4.
Civil
actions
which
involve
title
to,
or
possession
of,
real
property,
or
any
7.
All
other
cases
in
which
the
demand,
interest
therein,
where
the
assessed
exclusive
of
interest,
damages
of
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
6
Special
Petition
for
Habeas
Corpus
or
application
The
Supreme
Court
may
designate
certain
for
bail
in
criminal
cases
in
the
city
or
branches
of
the
Regional
Trial
Court
to
try
province
where
the
Regional
Trial
Court
exclusively
criminal
cases,
juvenile
and
judge
is
absent
domestic
relations
cases,
and
agrarian
and
urban
land
reform
cases
not
falling
within
the
jurisdiction
of
any
quasi‐judicial
body
and
other
special
cases
in
the
interest
of
justice
Appellate
Cases
decided
by
the
lower
courts
in
their
respective
territorial
jurisdiction
Jurisdiction
over
Criminal
Cases
Criminal
Municipal
Trial
Court
Regional
Trial
Court
Cases
1.
Those
offenses
punishable
with
1.
Criminal
cases
not
within
the
exclusive
imprisonment
not
exceeding
six
(6)
jurisdiction
of
any
court,
tribunal
or
years
regardless
of
the
fine,
accessory
body,
more
particularly:
penalties
and
civil
liability
a.
Those
offenses
punishable
by
imprisonment
exceeding
six
(6)
2.
Those
involving
criminal
negligence
years
regardless
of
the
fine,
resulting
to
damage
to
property
accessory
penalties
and
civil
liability
b.
Criminal
cases
not
falling
within
the
Original
3.
Those
offenses
where
a
fine
not
exclusive
jurisdiction
of
and
Exclusive
exceeding
P4,000
is
the
only
penalty
the
Sandiganbayan
where
none
of
Jurisdiction
the
accused
are
occupying
4.
Those
offenses
covered
by
the
Rules
on
positions
in
the
government
Summary
Procedure:
corresponding
to
salary
grade
27
a. Violations
of
traffic
laws,
rules
and
regulations
2.
Cases
where
the
only
penalty
is
a
fine
b. Violations
of
rental
laws
exceeding
P4,000
c. Violations
of
city
or
municipal
ordinances
3.
Other
laws
which
specifically
lodge
d. Violations
of
the
Bouncing
Check
jurisdiction
in
the
Regional
Trial
Court,
Law
(B.P.
Blg.
22)
more
particularly:
e. All
other
criminal
cases
where
a.
Law
on
written
defamation
or
libel
the
penalty
is
imprisonment
not
(Revised
Penal
Code)
exceeding
six
(6)
months
and/or
b.
Decree
on
Intellectual
Property
P1,000
fine
irrespective
of
other
c.
Violations
of
the
Dangerous
Drug
Act
penalties
or
civil
liabilities
there
except
when
the
offenders
are
under
from
and
offenses
involving
16
years
of
age
and
there
are
damage
to
property
through
Juvenile
and
Domestic
Relations
criminal
negligence
where
the
Courts
in
the
province
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
7
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
8
1. Appeals
from
the
Regional
Trial
1. From
the
Regional
Trial
Court
or
Court
except
those
appealable
Sandiganbayan
in
all
criminal
cases
to
the
Supreme
Court
or
involving
offenses
for
which
the
Sandiganbayan
penalty
imposed
is
reclusion
2. Appeals
from
the
Regional
Trial
perpetua
or
life
imprisonment,
and
Court
on
constitutional,
tax
and
those
involving
other
offenses,
Appellate
jurisdictional
questions
involving
although
not
so
punished,
arose
out
questions
of
fact
which
should
of
the
same
occurrence
or
were
be
appealed
first
to
the
CA
committed
by
the
offender
on
the
3. Appeals
from
decisions
and
final
same
occasion
orders
of
the
Family
Courts
2. Automatic
Review
in
criminal
cases
where
death
penalty
is
imposed
by
the
Regional
Trial
Court
or
the
Petition
for
Review
Sandiganbayan
1. Appeals
from
the
Civil
Service
Commission
Petition
for
Review
on
Certiorari
2. Appeals
from
the
Regional
Trial
1. Appeals
from
the
Court
of
Appeals
Court
in
the
exercise
of
its
2. Appeals
from
the
Sandiganbayan
on
appellate
jurisdiction
which
are
pure
questions
of
law
except
where
not
a
matter
of
right
the
penalty
imposed
is
reclusion
3. Appeals
from
the
Court
of
Tax
perpetua,
life
imprisonment
or
Appeals
and
quasi‐judicial
death
agencies
3. Appeals
from
the
Regional
Trial
4. Appeal
from
the
National
Court
exercising
original
jurisdiction
Commission
on
Indigenous
in
the
following
cases:
Peoples
a. All
cases
in
which
the
5. Appeals
from
the
Office
of
the
constitutionality
or
validity
of
Ombudsman
in
administrative
any
treaty,
agreement,
law,
disciplinary
cases
presidential
decree,
proclamation,
order,
instruction
or
regulation
is
in
question
b. All
cases
involving
the
legality
of
any
tax,
imposition,
assessment,
or
toll,
or
any
penalty
imposed
in
relation
thereto
c. All
cases
in
which
the
jurisdiction
of
any
lower
courts
is
in
issue
d. Cases
involving
only
an
error
or
question
of
law
Special
Civil
Action
of
Certiorari
within
30
days
1. Against
the
Commission
on
Elections
2. Against
the
Commission
on
Audit
[LEGAL
FORMS
MANUAL]
ATENEO
LAW
3D
’08‐‘09
9
Jurisdiction
of
the
Sandiganbayan
Sandiganbayan
1. Violations
of
the
Anti‐Graft
and
Corrupt
Practices
Act
(R.A.
No.
3019)
2. Proceedings
for
the
Forfeiture
of
Ill
Gotten
Wealth
(R.A.No.
1379)
Exclusive
and
3. Violations
of
Chapter
2,
Section
2,
Title
7,
Book
2
of
the
Revised
Penal
Code
Original
Jurisdiction
(Crimes
Committed
by
Public
Officers
in
Relation
to
their
Office)
4. Civil
and
criminal
cases
filed
pursuant
to
and
in
connection
with
EO
Nos.
1,
2,
14
and
14‐A
(Sequestration
Cases)
5. Other
offenses
committed
by
public
officials
and
employees
in
relation
to
their
office
Provided:
That
the
offended
is
a
public
official
occupying
a
position
classified
as
salary
grade
27
or
higher
and
the
offense
was
committed
in
connection
with
his
office
Appellate
Appellate
jurisdiction
over
appeals
from
final
judgments,
resolutions
and
orders
of
regular
courts
where
all
the
accused
are
occupying
positions
lower
than
salary
grade
27
or
not
otherwise
covered
by
the
preceding
enumeration
Jurisdiction
of
the
Court
of
Tax
Appeals
Court
of
Tax
Appeals
1. Decisions
of
the
Bureau
of
Internal
Revenue
in
cases
involving
disputed
assessments,
refunds
of
internal
revenue
taxes,
fees
or
other
charges,
penalties
imposed
in
relation
thereto,
and
other
matters
arising
under
the
National
Internal
Revenue
Code
or
other
laws
or
part
of
law
ExclusiveAppellate
administered
by
the
Bureau
of
Internal
Revenue
Jurisdiction
2. Decisions
of
the
Commissioner
of
Customs
in
cases
involving
liability
for
customs
duties,
fees
or
other
money
charges;
seizure,
detention,
release
of
property
affected,
fines,
forfeitures
or
other
penalties
imposed
in
relation
thereto;
or
other
matters
arising
under
the
Tariff
and
Customs
Code
or
other
laws
or
part
of
law
administered
by
the
Bureau
of
Customs
3. Decisions
of
the
Secretary
of
Finance
in
automatic
review
of
the
decisions
of
the
Commissioner
of
Customs
that
are
adverse
to
the
government
in
cases
involving
the
assessment
of
duties
and
matters
of
imposition
of
anti‐dumping
duties.
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
0
Jurisdiction
of
the
Family
Courts
Family
Courts
Civil
Cases
Criminal
Cases
1.
Petitions
for
Guardianship,
Custody
of
1.
One
or
more
of
the
accused
is
below
18
Children
and
Habeas
Corpus
in
relation
years
old
but
not
less
than
15
years
old
Exclusive
to
the
latter
and
Original
2.
One
of
the
victims
is
a
minor
at
the
time
Jurisdiction
2.
Petitions
for
Adoption
of
Children
and
of
the
commission
of
the
crime
the
Revocation
thereof
3.
Cases
against
minors
under
the
3.
Annulment
and
Declaration
of
Nullity
of
Dangerous
Drugs
Act
Marriage
and
those
relating
to
marital
status
and
property
relations
of
4.
Violations
of
the
Special
Protection
of
husband
and
wife
and
of
those
living
Children
Against
Child
Abuse,
together
under
different
status
and
Exploitation
and
Discrimination
Act,
agreements
R.A.
No.
7610,
as
amended
by
R.A.
No.
7658
4.
Petitions
for
Support
and/or
Acknowledgment
5.
Cases
of
domestic
violence
against
women
and
children
5.
Summary
judicial
proceedings
under
the
Family
Code
6.
Declaration
of
Status
of
Children
as
Abandoned,
Dependent,
or
Neglected,
Petitions
for
Voluntary
or
Involuntary
Commitment
of
Children,
matters
relating
to
Parental
Authority
and
other
cases
under
P.D.
No.
603
and
other
related
laws
7.
Disputes
arising
from
the
Constitution
of
a
Family
Home
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
1
JURAT
It
is
that
part
of
an
affidavit
where
the
officer
certifies
that
the
same
was
“sworn”
before
him.
It
is
used
in
affidavits,
certifications,
verifications
or
whenever
the
person
executing
a
document
or
instrument
makes
a
statement
of
facts
or
attests
to
the
truth
of
an
occurrence
of
an
event
under
oath.
It
refers
to
an
act
in
which
an
individual
on
a
single
occasion
(a)
appears
in
person
before
the
notary
public
and
presents
an
instrument
or
document;
(b)
is
personally
known
to
the
notary
public
or
identified
by
the
notary
public
through
competent
evidence
of
identity;
(c)
signs
the
instrument
or
document
in
the
presence
of
the
notary;
and
(d)
takes
an
oath
or
affirmation
before
the
notary
public
as
to
such
instrument
or
document.2
Briefly,
it
is
that
part
of
the
affidavit
in
which
the
notary
public
certifies
that
the
instrument
was
sworn
to
before
him.
Sec.
163
(a)
of
the
Local
Government
requires
the
presentation
of
the
community
tax
certificate
on
certain
occasions.
According
to
the
law,
these
occasions
are“[w]hen
an
individual
subject
to
the
community
tax
acknowledges
any
document
before
a
notary
public,
takes
the
oath
of
office
upon
election
or
appointment
to
any
position
in
the
government
service;
receives
any
license,
certificate,
or
permit
from
any
public
authority;
pays
any
tax
or
fee;
receives
any
money
from
any
public
fund;
transacts
other
official
business;
or
receives
any
salary
or
wage
from
any
person
or
corporation.”
Additionally,
the
community
tax
certificate
is
required
for
transfer
of
land,
or
for
the
registration
of
any
transaction
affecting
land,
in
the
civil
registrar
of
a
given
local
government
unit.
When
the
Local
Government
Code
and
the
2004
Notarial
Rules
are
taken
together,
there
is
a
requirement
for
the
community
tax
certificate
to
be
presented
to
the
notary
public,
especially
in
documents
affecting
land,
the
title
thereto
or
any
interest
therein.
SAMPLE:
Jurat
SUBSCRIBED
AND
SWORN
to
before
me
this
day
of
____,
2009
the
affiant
[is
personally
known
to
me
and
exhibiting
to
me
his
Passport
No.(competent
proof
of
identity)
_____________________
issued
at
_________________
on
__________
and
his
CTC
No.
__________issued
at
__________
on
_________.
NAME
OF
NOTARY
PUBLIC
Notary
Public
for
the
Province/City
of
____
Address
Appointment
No.
___
until
December
___
Roll
of
Attorney
No.
________
2
Section
6,
Rule
II
of
the
Notarial
Rules.
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
2
PTR
No.________;
IBP
No.
________;
MCLE
Compliance
No.
_________
Doc
No.
___;
Page
No.
___;
Book
No.
__;
Series
of
20__.
ACKNOWLEDGEMENT
It
is
the
act
of
one
who
has
executed
a
deed,
in
going
before
some
competent
officer
or
court
and
declaring
it
to
be
his
act
or
deed.
An
acknowledgement
is
to
authenticate
an
agreement
between
two
or
more
persons,
or
where
the
document
contains
a
disposition
of
property.
It
refers
to
an
act
in
which
an
individual
on
a
single
occasion
(a)
appears
in
person
before
the
notary
public
and
presents
an
integrally
complete
instrument
or
document;
(b)
is
personally
known
to
the
notary
public
or
identified
by
the
notary
public
through
competent
evidence
of
identity;
and
(c)
represents
to
the
notary
public
that
the
signature
on
the
instrument
or
document
was
voluntarily
affixed
by
him
for
the
purposes
stated
in
the
instrument
or
document,
declares
that
he
has
executed
the
instrument
or
document
as
his
free
and
voluntary
act
and
deed,
and
if
he
acts
in
a
particular
representative
capacity,
that
he
has
authority
to
sign
in
that
capacity.3
Simply,
it
the
act
of
one
who
has
executed
a
deed
in
going
before
some
competent
officer
or
court
and
declaring
it
to
be
his
act
or
deed.4
Two‐fold
function
of
an
acknowledgment:
(1)
To
authorize
the
deed
to
be
given
in
evidence
without
further
proof
of
its
execution;
and
(2)
To
entitle
it
to
be
recorded.
The
same
purposes
may
be
accomplished
by
a
subscribing
witness
going
before
the
officer
or
court
and
making
oath
to
the
fact
of
the
execution,
which
is
certified
in
the
same
manner.
SAMPLE:
Acknowledgement
BEFORE
ME,
this
___
day
of
___________,
20__
in
the
Municipality/City
of
_________,
Philippines,
personally
appeared
____________________,
with
Passport
No.(competent
proof
of
identity)
_______________
issued
at
______________________,
on
_________
and
his
Community
Tax
Certificate
No.
__________
issued
at
______________________,
on
_________,
known
to
me
to
be
the
same
person
who
executed
the
foregoing
instrument,
and
he
acknowledged
to
me
that
the
same
is
his
free
act
and
deed.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
my
notarial
seal,
the
day
and
place
above
written.
NAME
OF
NOTARY
PUBLIC
Notary
Public
for
the
Province/City
of
____
3
Section
1,
Rule
II
of
the
Notarial
Rules.
4
Tigno,
et
al.
v.
Spouses
Aquino,
et
al.,
G.R.
No.
129416,
25
November
2004.
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
3
Address
Appointment
No.
___
until
December,
___
Roll
of
Attorney
No.
________
PTR
No.________;
IBP
No.
________;
MCLE
Compliance
No.
_________
Doc
No.
___;
Page
No.
___;
Book
No.
__;
Series
of
20__.
DEED
A
deed
is
a
legal
instrument
used
to
grant
a
right.
Deeds
are
part
of
the
broader
category
of
documents
under
seal.
Deeds
can
be
described
as
contract‐like
as
they
require
the
mutual
agreement
of
more
than
one
person.
See
Chapter
6
on
Contract
Drafting
for
an
in‐depth
discussion
and
for
samples
of
Deeds.
AFFIDAVIT
An
affidavit
is
a
formal
sworn
statement
of
fact,
signed
by
the
declarant
called
an
affiant
and
witnessed
by
a
taker
of
oaths
such
as
a
notary
public.
The
name
is
Medieval
Latin
for
he
has
declared
upon
oath.
Uses
of
affidavits
include:
(1)
To
allow
evidence
to
be
gathered
from
witnesses
or
participants
who
may
not
be
available
to
testify
in
person
before
the
court,
or
who
may
otherwise
fear
for
their
safety
if
their
true
identities
are
revealed
in
court;
and
(2)
To
obtain
a
declaration
on
a
legal
document
that
the
information
provided
by
the
applicant
is
truthful
to
the
best
of
the
applicant's
knowledge.
If,
after
signing
such
a
declaration,
the
information
is
found
to
be
deliberately
untrue
with
the
intent
to
deceive,
the
applicant
may
face
perjury
charges.
If
an
affidavit
is
notarized
or
authenticated,
it
will
also
include
a
caption
with
a
venue
and
title
in
reference
to
judicial
proceedings.
Affidavits
may
be
written
in
the
first
or
third
person,
depending
on
who
drafted
the
document.
If
in
the
first
person,
the
document's
component
parts
are:
1. A
commencement
which
identifies
the
affiant;
2. The
individual
averments,
almost
always
numbered
as
mandated
by
law,
each
one
making
a
separate
claim;
3. A
conclusion
generally
stating
that
everything
is
true,
under
penalty
of
perjury,
fine,
or
imprisonment;
and
4. An
attestation,
usually
a
jurat,
at
the
end
certifying
the
affiant
made
oath
and
the
date.
Important!!!
Parts
of
an
Affidavit.
The
VENUE
is
the
designation
of
the
place
where
the
affidavit
was
taken
to
show
whether
the
notary
public
has
acted
within
his
jurisdiction.5
5
Section
2,
Rule
IV
of
A.M.
No.
02‐8‐13‐SC
(2004
Rules
on
Notarial
Practice;
hereinafter
“Notarial
Rules”)
states:
“A
notary
public
shall
not
perform
a
notarial
act
outside
his
regular
place
of
work
or
business
x
x
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
4
The
SCILICET/SUBSCRIPSI
(SS)
is
used
to
particularize
a
general
statement,
i.e.
Republic
of
the
Philippines,
SS,
City
of
Pasig
means:
in
the
Republic
of
the
Philippines,
more
particularly
in
the
City
of
Pasig.6
The
BODY
consists
of
the
facts
attested
to
by
the
affiant,
who
should
have
actual
knowledge
of
the
same
and
not
merely
a
belief
thereof.
The
allegations
therein
should
be
full,
certain
and
exact.
In
short,
accuracy
of
the
statements
in
the
affidavit
is
indispensable.
Drafting
an
affidavit
is
just
like
story‐telling,
making
a
narration
of
the
events
that
transpired.
The
body
of
an
affidavit
may
be
in
the
form
of:
(a)
a
narration
or
(b)
question
and
answer.
The
SIGNATURE
OF
THE
AFFIANT
which
is
found
below
the
body
of
the
affidavit.
The
JURAT
(as
abovedefined).
SAMPLE:
Affidavit
of
One
and
the
Same
Person
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
We,
Mc
Steamy
and
Eric
Cartman,
both
Filipinos,
of
legal
ages,
and
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City
and
No.
2
Rockwell
Drive,
Rockwell
Center,
Makati
City,
respectively,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
we
have
personally
known
the
person
of
MARIA
CLARA
for
a
long
period
of
time
having
been
her
long
time
friend;
2. That
we
know
for
a
fact
that
the
person
by
the
name
of
"MARIA
CLARA"
appearing
in
some
documents
and
records
or
specifically
in
her
Certificate
of
Live
Birth
and
the
name
"MARA
CLARA"
as
appearing
in
the
records
of
the
Social
Security
System
(SSS),
x”
while
Section
11,
Rule
II
of
the
Notarial
Rules
reads:
“The
term
“regular
place
of
work
or
business
refers
to
a
stationary
office
in
the
city
or
province
wherein
the
notary
public
renders
legal
and
notarial
services.
6
Supra
note
2
at
p.
771.
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
5
refer
to
one
and
the
same
person
and
that
her
true
and
correct
name
is
MARIA
CLARA;
and
3. As
such,
we
execute
this
Affidavit
or
attest
to
the
truth
of
the
foregoing
facts
and
for
whatever
legal
purpose
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
we
have
set
our
hands
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
MC
STEAMY
ERIC
CARTMAN
Affiant
Affiant
(JURAT)
SAMPLE:
Affidavit
Attesting
to
the
Death
of
a
Person
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
We,
Mc
Steamy
and
Eric
Cartman,
both
Filipinos,
of
legal
ages,
and
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Barangay
Poblacion,
Makati
City
and
No.
2
Rockwell
Drive,
Rockwell
Center,
Barangay
Poblacion,
Makati
City,
respectively,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
we
are
Barangay
Officials
of
the
aforementioned
Barangay
being
the
barangay
chairman
and
barangay
tanod,
respectively;
2. That
we
know
the
person
of
Maria
Clara
because
she
was
a
resident
of
the
aforementioned
Barangay
of
which
we
are
officials;
3. That
we
know
for
a
fact
said
Maria
Clara
died
on
April
12,
2009
at
Powerplant
Mall,
Rockwell
Center,
Barangay
Poblacion,
Makati
City
due
to
heart
attack;
and
4. That
we
are
executing
this
affidavit
to
attest
to
the
truthfulness
of
the
fact
of
death
of
the
person
of
Maria
Clara
and
for
whatever
legal
purposes
that
this
statement
may
serve.
IN
WITNESS
WHEREOF,
we
have
hereunto
set
our
hands
this
12th
day
of
April
2009,
in
the
City
of
Makati,
Metro
Manila,
Philippines.
MC
STEAMY
ERIC
CARTMAN
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
6
Affiant
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Doctor
to
Establish
the
Birth
of
a
Person
for
Late
Registration
with
the
Civil
Registrar
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Dr.
Eric
Cartman,
Filipino,
of
legal
age,
single,
and
a
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
a
duly‐licensed
medical
doctor,
practicing
at
the
Makati
Medical
Center
with
Professional
License
No.
122333
issued
on
January
1,
2009
at
Manila;
2. That
on
or
about
12:00
noon
of
February
1,
2009,
I
personally
attended
to
a
patient
named
Maria
Clara
in
giving
birth
by
normal
delivery
to
a
baby
girl
whom
they
named
as
Mara
Clara;
and
3. That
I
execute
this
Affidavit
to
attest
to
the
truth
of
the
foregoing
facts
and
for
any
other
legal
purpose
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
ERIC
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Illegitimacy
of
a
Child
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
7
AFFIDAVIT
OF
ILLEGITIMACY
I,
Maria
Clara,
Filipino,
of
legal
age,
single,
and
a
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
the
mother
of
Mara
Clara
who
was
born
on
February
1,
2009
at
the
Makati
Medical
Center,
Makati
City,
Metro
Manila,
Philippines;
2. That
as
appearing
in
the
records
of
Office
of
the
Civil
Registrar
of
the
City
of
Makati,
Philippines,
the
father
of
the
said
child
is
Eric
Cartman,
who
is
an
American
citizen.
The
same
is
certified
by
the
attached
Certificate
of
Live
Birth
of
the
said
child;
3. That
I
hereby
affirm
and
attest
to
the
truth
of
the
fact
that
the
father
of
the
above‐mentioned
child
is
indeed
Eric
Cartman;
4. That
I
also
declare
that
under
the
laws
of
the
Philippines
or
of
the
United
States
of
America,
I
and
Eric
Cartman
were
not
incapacitated
to
marry
each
other
at
the
time
of
the
conception
or
birth
of
the
said
child,
nor
are
we
incapacitated
to
marry
each
other
now
or
in
the
future;
and
5. That
I
am
executing
this
affidavit
to
attest
to
the
truth
of
the
foregoing
facts.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
MARIA
CLARA
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Late
Registration
of
Marriage
Contract
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
We,
Mc
Steamy
and
Eric
Cartman,
both
Filipinos,
of
legal
ages,
both
single,
and
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City
and
No.
2
Rockwell
Drive,
Rockwell
Center,
Makati
City,
respectively,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
8
1. That
we
know
the
person
of
Mara
Clara
as
the
same
has
been
a
close
acquaintance
for
a
long
period
of
time;
2. That
we
know
for
a
fact
that
Mara
Clara
and
Juan
de
Dios
were
lawfully
joined
together
on
April
1,
2009
in
a
marriage
ceremony
solemnized
by
Rev.
Fr.
Joaquin
G.
Bernas,
SJ;
3. That
we
are
likewise
aware
that
the
date
of
marriage
appearing
in
the
Certificate
of
Live
Birth
issued
for
their
child,
March
28,
2009,
is
not
the
true
and
correct
one
as
they
have
not
yet
taken
each
other
as
husband
and
wife
at
the
time
of
his
birth;
4. That
it
was
discovered
but
recently
when
Mara
Clara
requested
for
a
copy
of
their
Marriage
Contract
from
the
Civil
Registrar
that
the
said
document
has
not
yet
been
registered
probably
through
oversight
and
so
the
said
Marriage
Contract
was
only
registered
last
April
10,
2009;
and
5. As
such,
we
execute
this
Affidavit
to
certify
or
attest
to
the
truth
of
the
foregoing
facts
and
for
whatever
any
and
all
legal
purposes
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
we
have
set
our
hands
this
12th
day
of
April
2009at
Makati
City,
Metro
Manila,
Philippines.
MC
STEAMY
ERIC
CARTMAN
Affiant
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Legitimation
of
a
Child
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
OF
LEGITIMATION
We,
Eric
Cartman
and
Maria
Clara
Cartman,
both
Filipinos,
of
legal
ages,
spouses,
and
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
9
1. That
we
have
been
legally
married
to
each
other
on
April
1,
2009at
a
wedding
ceremony
solemnized
by
Rev.
Fr.
Joaquin
G.
Bernas,
SJ.
A
copy
of
our
marriage
certificate
is
attached
hereto
and
made
an
integral
part
of
this
affidavit;
2. That
prior
to
our
marriage
and
outside
of
wedlock,
a
child,
named
Mara
Clara,
was
conceived
and
born
on
March
28,
2009
at
Makati
City;
3. That
at
the
time
of
the
conception
of
said
child,
we
were
not
disqualified
by
any
impediment
to
marry
each
other,
and,
therefore,
by
virtue
of
our
subsequent
marriage,
the
said
child
is
now
legitimated
by
operation
of
law,
particularly
Article
177
of
the
Family
Code;
and
4. That
we
execute
this
affidavit
to
declare
the
truth
of
the
foregoing
facts.
IN
WITNESS
WHEREOF,
we
have
hereunto
set
our
hands
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
MARIA
CLARA
CARTMAN
ERIC
CARTMAN
Affiant
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Supplemental
Report
for
the
Office
of
the
Civil
Registrar
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
SUPPLEMENTAL
REPORT
I,
Pedro
Cartman,
Filipino,
of
legal
age,
single,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
was
born
on
April
1,
1985
at
Makati
City
to
spouses
Maria
Clara
Cartman
and
Earl
Cartman;
2. That
since
I
was
young,
I
have
always
been
known
and
called
by
the
first
name
"PEDRO"
and
that
it
is
the
same
first
name
that
I
have
been
using
in
all
my
documents
and
identification
papers;
3. However,
it
appears
from
the
records
of
the
Office
of
the
Civil
Registrar
of
Makati
City
that
I
was
registered
therein
without
a
given
first
name;
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
0
4. That
it
is
my
desire
to
be
registered
with
the
said
Office
of
the
Civil
Registrar
of
Makati
City
with
the
first
name
"PEDRO";
5. That
the
failure
to
state
my
first
name
was
purely
the
inadvertence
of
my
parents
who
failed
to
do
so
because
of
their
uncertainty
at
first
as
to
what
name
would
be
given
me
at
the
time
of
the
registration
of
the
facts
of
my
birth
with
the
said
office;
and
6. As
such,
I
execute
this
Affidavit
to
certify
or
attest
to
the
truth
of
the
foregoing
facts
and
for
whatever
legal
purpose
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
at
Makati
City,
Metro
Manila,
Philippines.
PEDRO
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
in
Support
of
Reckless
Imprudence
Complaint
for
Damage
to
Vehicle
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Pedro
Cartman,
Filipino,
of
legal
age,
single,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
a
duly
licensed
driver
with
Driver's
License
No.
1223333,
which
is
valid
until
the
year
2011
and
that
I
usually
drive
a
vehicle
in
bringing
my
son
to
school
at
Ateneo
de
Manila
University
in
Loyola
Heights,
Quezon
City,
which
vehicle
is
specifically
described
as
a
Mercedes
Benz
Kompressor
with
Motor
No.
12222,
Chassis
No.
12222
and
with
Plate
No.
XXX
123
issued
by
the
Land
Transportation
Office
of
the
City
of
Makati
and
is
registered
in
my
name,
with
Certificate
of
Registration
No.
122222
issued
on
April
1,
2009
and
with
MVMRR
No.
122223
dated
March
11,
2009;
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
1
2. That
on
April
10,
2009
at
around
two
o’clock
in
the
afternoon,
when
I
brought
my
son
to
school
and
when
the
said
vehicle
was
parked
at
the
Grade
School
parking
lot
of
the
school,
another
vehicle,
identified
as
a
Ford
Expedition
with
Plate
No.
XXX
124
and
red
in
color,
stopped
in
front
of
my
vehicle
to
also
bring
an
a
student
to
school;
3. That
after
the
student
who
alighted
from
the
said
Ford
Expedition
had
entered
the
school
gate,
the
driver
of
the
said
Ford
Expedition,
recklessly
and
impudently,
tried
to
make
a
U‐Turn
and
hit/bumped
my
vehicle
and
that
when
I
instantaneously
blew
my
horn,
the
driver
of
the
said
Ford
Expedition
quickly
accelerated
and
feloniously
fled
away
in
the
direction
going
to
Katipunan
Avenue;
4. That
as
a
result
of
the
incident,
the
Mercedes
Benz
that
I
was
driving
sustained
damage
in
its
bumper;
5. That
the
said
incident
was
witnessed
by
many
persons,
most
of
whom
are
also
parents
of
students
who
were
likewise
bringing
their
children
to
school,
and
has
been
duly
documented
in
the
Blotter
of
the
Traffic
Division
of
Quezon
City;
6. That
upon
inquiry
with
the
Security
Office
of
the
school,
it
was
discovered
that
the
said
Ford
Expedition
has
been
issued
a
Car
Pass
by
the
school
upon
application
of
a
certain
Ian
Cruz,
a
Grade
7
student
of
the
school,
with
residence
at
No.
25
Dorothy
St.,
Loyola
Heights,
Quezon
City;
and
7. That
I
am
executing
this
Affidavit
to
attest
to
the
truth
of
the
foregoing
and
in
support
of
charges
for
"RECKLESS
IMPRUDENCE"
against
the
driver
of
the
said
Ford
Expedition
or
for
whatever
other
action
that
may
be
filed
against
the
driver
and/or
registered
owner
of
the
said
vehicle
and
in
support
of
claims
against
the
insurer
for
the
repair
of
the
damage
caused
to
the
vehicle
I
was
driving.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
in
Makati
City,
Metro
Manila,
Philippines.
PEDRO
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Denial
of
Criminal
Cases
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
2
AFFIDAVIT
I,
Pedro
Cartman,
Filipino,
of
legal
age,
single,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
NOT
the
same
person
as
one
Pedro
Cartman
a.k.a.
Pedro
Penduko
who
was
charged
under
Criminal
Case
No.
12333
before
the
Regional
Trial
Court
of
Makati
City
for
the
crime
of
Rape;
2. That
I
have
never
been
the
subject
of
any
criminal
complaint,
charge
or
proceeding
before
any
prosecutor
or
court;
and
3. As
such,
I
am
executing
this
Affidavit
to
certify
or
attest
to
the
truth
of
the
foregoing
facts
and
for
purpose
of
denying
that
I
am
the
Pedro
Cartman
who
is
the
subject
of
the
aforementioned
case
and
for
whatever
legal
purpose
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
PEDRO
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Damage
to
Warehouse
Building
by
Fire
for
Fire
Insurance
Claim
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Earl
Cartman,
Filipino,
of
legal
age,
single,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
the
Manager
of
Colgate
Palmolive,
a
domestic
corporation
engaged
in
the
distribution
of
a
variety
of
commercial
products;
2. That
the
said
company
maintains
a
warehouse
for
its
products
at
J.P.
Rizal
St.,
Poblacion,
Makati
City,
Metro
Manila,
Philippines;
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
3
3. That
sometime
on
April
1,
2009
at
around
ten
o'clock
in
the
evening,
a
big
fire
broke
out
in
the
said
warehouse
which
caused
damage
on
its
main
warehouse,
and
destroyed/damaged/spoiled
many
of
the
assorted
stocks
and
merchandise
stored
in
the
said
warehouse;
4. That
the
said
fire
was
controlled
and
put
off
only
about
ten
hours
later
by
the
efforts
of
the
different
fire
brigades
which
responded
to
our
call
for
assistance;
and
5. That
I
am
executing
this
Affidavit
to
attest
to
the
truth
of
the
foregoing
and
in
support
of
the
company's
claim
on
the
fire/building
insurance
of
the
said
warehouse/building.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
EARL
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Death
Due
to
Vehicle
Accident
for
Insurance
Claim
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Earl
Cartman,
Filipino,
of
legal
age,
widower,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
the
widower
of
Maria
Clara
Cartman;
2. That
my
wife
died
on
April
1,
2009
because
of
head
injuries
sustained
in
a
vehicular
accident
as
per
the
results
of
the
autopsy
conducted
by
Dr.
Vicki
Belo;
3. That
per
investigation
of
the
Makati
Police
Station,
my
wife
died
as
a
result
of
a
vehicular
accident
at
Rockwell
Drive,
Rockwell
Center,
Makati
City.Whenshe
was
driving,
she
was
bumped/hit
by
a
truck
coming
from
the
opposite
direction;
4. That
my
wife
was
a
duly
licensed
driver
at
the
time
of
the
incident
and
was
carrying
Driver's
License
No.
12333
and
was
riding
on
a
BMW,
white
in
color
and
with
Plate
No.
XYH
123
owned
by
me
with
Certificate
of
Registration
No.
12333;
and
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
4
5. That
I
am
executing
this
affidavit
to
attest
to
the
truth
of
the
foregoing
and
for
whatever
legal
purposes
that
this
statement
may
serve.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
EARL
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Loss
(ATM
cards
and
Driver’s
License)
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
LOSS
I,
Earl
Cartman,
Filipino,
of
legal
age,
widower,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
I
am
an
employee
of
GMA
Network,
Inc.
at
Makati
City,
Metro
Manila,
Philippines
and
at
the
same
time
a
duly‐licensed
driver;
2. That
on
April
1,
2009
at
around
seven
o’clock
in
the
evening,
while
I
was
at
the
bus
station
at
Cubao,
I
lost
my
wallet
which
I
usually
place
in
my
back
pocket;
3. That
inside
the
said
wallet
are
my
Driver's
License
and
ATM
Card
issued
by
Malayan
Bank,
Kamuning
Branch;
4. That
despite
diligent
search
and
efforts
to
locate
the
said
wallet
and
my
Driver's
License
and
my
ATM
Card,
I
could
not
find
them
such
that
I
now
believe
that
they
are
now
lost
beyond
recovery;
5. That
my
Driver's
License
has
not
been
confiscated
by
the
LTO,
Police
or
other
Traffic
Enforcers
for
any
traffic
violation;
and
6. As
such,
I
am
executing
this
Affidavit
of
Loss
to
attest
to
the
truth
of
the
foregoing
and
to
support
my
application
for
the
issuance
of
a
new
Driver's
License
and
a
new
ATM
Card,
in
lieu
of
the
ones
that
were
lost.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
5
EARL
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Loss
(Passport)
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
LOSS
I,
Earl
Cartman,
Filipino,
of
legal
age,
widower,
and
resident
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
on
April
1,
2009,
I
was
issued
a
Philippine
Passport
by
the
Department
of
Foreign
Affairs
in
Manila;
2. That
recently
I
had
tried
to
look
for
the
said
passport
but
the
same
could
not
be
found;
3. That
despite
diligent
search
and
efforts
to
locate
the
said
passport,
I
could
not
find
the
same
such
that
I
now
believe
that
it
is
now
lost
beyond
recovery;
and
4. As
such,
I
am
executing
this
Affidavit
of
Loss
to
attest
to
the
truth
of
the
foregoing
and
to
support
the
application
for
the
issuance
of
new
one
in
lieu
of
the
one
which
was
lost.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Makati
City,
Metro
Manila,
Philippines.
EARL
CARTMAN
Affiant
(JURAT)
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
6
SAMPLE:
Marine
Protest
(An
Affidavit
under
the
Code
of
Commerce)
REPUBLIC
OF
THE
PHILIPPINES)
Province
of
Sulu
)
S.S.
Municipality
of
Jolo
)
MARINE
PROTEST
Name:
Marvin
Lee
Age:
50
Civil
Status:
Married
Address:
No.
6
Naranghita
St.,
Project
2,
Quezon
City,
Metro
Manila,
Philippines
Position:
Ship
Captain
Type/Cargo/Burden:
Tuna
Meat
(goods)
Home
Port:
Manila
Registry
Number:
123333332323232
Gross
Tons:
20.5
Net
Tons:
15.8
After
being
duly
sworn
to
in
accordance
with
law,
do
hereby
declare
and
state
on
protest:
1. That
on
(continue
with
the
facts
and
circumstances
that
transpired
in
theincident);
2. That
I,
as
Master,
(Indicate
what
actions
the
master
initiated);
3. That
I
as
Master
(Indicate
the
respondents
and
their
address
if
any);
4. That
the
prevailing
weather
at
the
time
was
as
follows:
General
Description:
____________________________
Wind
Direction:
_______Velocity:
____
Kits:
_________
Height
of
Seas:
_________Feet:
____________
Tide:
__________________
Flood
____________
Visibility:
___________________________
Other
Remarks:
_____________________
5. That
the
incident
resulted
injuries
to
___________________
persons
and
death
to
_____________
persons,
whose
names
are
listed
in
Exhibit
"A"
of
this
PROTEST
6. That
this
incident
likewise
resulted
to
loss
or
slight
damage
to
the
_____________
belonging
to
_____________
in
the
estimated
amount
of
______________________________
(P____________)
and
detailed
in
Exhibit
"B"
of
this
PROTEST:
7. That
my
organization
/
shipping
company
is
as
follows:
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
7
Company:___________________________
Address:
__________________________
Telephone(s):
_______________________
Fax:
_____________________________
8. That
further/additional
information/data
is
appended
hereto
as
Exhibit
"1"
of
this
PROTEST.
MARVIN
LEE
Ship
Captain
(JURAT)
NOTE:
When
SUMMARY
OF
CASES
WHERE
PROTEST
IS
REQUIRED
(cf.
Code
of
Commerce)
1. Under
612,
when
the
vessel
makes
an
arrival
under
stress
2. Under
612,
624
and
843,
where
the
vessel
is
shipwrecked
3. Under
624,
where
the
vessel
has
gone
through
a
hurricane
or
when
the
captain
believes
that
the
cargo
has
suffered
damages
or
averages
4. Under
835,
in
case
of
maritime
collisions
SAMPLE:
Judicial
Affidavit
(As
an
attachment
to
a
Petition
for
Writ
of
Amparo
and
Habeas
Corpus)
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
Q:
What
is
your
name?
A:
I
am
Vicente
de
Ramos.
Q:
Where
do
you
live?
A:
I
live
at
123
Cotabato
Street,
New
Manila,
Quezon
City.
Q:
Are
you
related
to
Danielle
de
Ramos?
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
8
A:
Yes.
Q:
How
are
you
related
to
her?
A:
She
is
my
daughter.
Q:
Where
does
your
daughter
live?
A:
She
lives
with
me.
Q:
What
is
the
nature
of
work
of
your
daughter?
A:She
is
actively
an
officer
of
the
Human
Rights
Organization,
an
organization
engaged
in
advocating
human
rights.
Q:
Where
is
the
Human
Rights
Organization
located?
A:
It
is
located
in
Unit
201
Siete
Remedios
Tower,
New
Manila,
Quezon
City.
Q:
How
does
your
daughter
go
to
work?
A:
She
brings
her
own
car
to
work.
On
seldom
occasions,
especially
when
she
cannot
use
her
own
car,
I
bring
her
to
work.
Q:
Thank
you
Mr.
de
Ramos.
Let’s
focus
on
the
date
of
your
daughter’s
alleged
forced
disappearance.
Do
you
remember
the
happenings
on
5
September
2008?
A:
Yes.
Q:
On
5
September
2008,
when
did
you
last
see
and
talked
to
your
daughter?
A:
I
last
saw
her
during
breakfast,
before
we
headed
to
our
respective
workplaces.
Q:
Did
you
bring
your
daughter
to
work
that
day?
A:
No,
she
drove
herself
to
work.
Q:
How
are
you
sure
that
your
daughter
was
able
to
go
to
work
that
day?
A:
She
called
me
up
and
told
me
that
she
has
already
arrived
at
her
office.
Q:
Let
us
fast
forward
to
the
evening
of
the
same
date.
Can
you
narrate
your
daughter’s
regular
practice
when
she
goes
home
from
work?
A:
She
regularly
calls
me
or
sends
me
a
text
message,
informing
me
that
she
is
on
her
way
home.
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
9
Q:
On
the
evening
of
5
September
2008,
did
she
contact
you?
A:
Yes,
she
did.
Q:
What
time
did
she
contact
you
that
night?
A:
I
received
a
text
message
at
around
8:00pm.
She
said
that
she
was
on
her
way
home
from
work.
Q:
Did
she
arrive
home
that
night?
A:
She
did
not.
Q:
What
did
you
do
when
she
did
not
go
home
after
she
contacted
you?
A:
I
waited
for
a
few
hours
for
her
to
go
home.
I
tried
to
contact
her
but
she
was
not
answering
her
phone.
I
really
got
worried.
I
decided
to
drive
down
to
her
office
to
see
if
she
was
there.
Q:
When
you
arrived
at
her
office,
what
happened?
A:
I
saw
her
car
was
still
parked
in
the
parking
lot.
I
approached
the
security
guard
on
duty
to
inquire
about
the
whereabouts
of
my
daughter.
Q:
Do
you
know
the
name
of
this
security
guard?
A:
Yes,
he
is
Christopher
Nepomuceno
and
was
the
one
on
duty
that
night.
Q:
What
did
the
security
guard
tell
you?
A:
He
told
me
that
my
daughter
was
on
her
way
to
her
car
when
a
van
blocked
her
way
and
three
large‐built
men
came
down
the
van
and
took
forcibly
my
daughter
inside.
The
men
had
holstered
pistons
and
one
was
wearing
fatigue
pants.
After
taking
my
daughter,
the
van
swiftly
drove
away.
My
daughter
dropped
her
things
on
the
parking
lot.
Q:
What
did
you
do
next
after
the
guard
told
you
that
your
daughter
was
abducted?
A:
I
immediately
contacted
the
authorities
and
asked
them
for
help
but
Christopher
Nepomuceno
previously
have
reported
the
matter
to
them
right
after
the
abduction
of
my
daughter.
Q:
Were
they
able
to
help
you
locate
your
daughter?
A:
No
but
it
was
found
out
that
a
day
before
the
date
of
her
disappearance,
men
who
identified
themselves
as
ISAFP
agents
had
asked
about
my
daughter
and
has
been
noticed
to
have
been
conducting
activities
in
her
office
premises
for
weeks.
Q:
Why
do
you
think
ISAFP
agents
would
be
asking
about
your
daughter?
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
0
A:
My
daughter
has
recently
told
me
that
she
was
currently
working
on
an
investigative
project
on
certain
officials
of
the
Armed
Forces
of
the
Philippines
and
the
ISAFP
on
alleged
corruption
and
abusive
practices.
Q:
Another
thing,
just
to
make
it
clear.
Did
you
have
any
altercation
with
your
daughter
last
5
September
2008
or
days
before
that
might
have
caused
her
to
run
away
or
just
spend
time
somewhere
else?
A:
No.
My
daughter
and
I
didn't
have
any
altercation.
And
knowing
my
daughter’s
personality
and
being
close
to
her,
she
is
not
the
type
to
run
away
or
go
somewhere
without
communicating
with
her
family
or
friends.
Q:
Has
your
daughter
contacted
you
or
any
members
of
your
immediate
family
ever
since
her
forced
abduction?
A:
No.
Q:
Since
her
disappearance,
and
after
searching
the
usual
places
she
visits,
were
you
able
to
locate
her
whereabouts?
A:
No.
Further
Affiant
sayeth
none.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Ownership
of
Personal
Properties
for
Contract
of
Pledge
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
OWNERSHIP
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
1
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
1. That
I
am
the
true
and
absolute
owner
of
the
following
personal
properties,
to
wit:
2 Pieces
of
Gold
Rings
with
18‐karat
Diamond
Stones
4
Pieces
of
Platinum
Bracelets
2. That
I
intend
to
deliver
the
said
personal
properties
as
a
collateral
to
secure
the
loan
that
I
am
applying
for
from
Banco
Filipino
Ongpin
Branch;
3. That
I
hereby
warrant
title
and
ownership
over
the
above‐mentioned
personal
properties
and
I
will
defend
the
possession
of
the
Pledge
from
eviction;
and
4. That
I
execute
this
Affidavit
of
Ownership
to
attest
to
the
truth
of
the
aforementioned
facts
and
in
support
of
my
application
for
a
loan
and
for
any
other
legal
purposes
that
this
Affidavit
could
serve.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
(JURAT)
SAMPLE:
Adverse
Claim
for
Deed
of
Conditional
Sale
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
ADVERSE
CLAIM
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
1. On
April
1,
2009,
I
have
entered
into
a
Deed
of
Conditional
Sale
which
was
acknowledged
on
the
same
date
before
Notary
Public
Roderick
Paulate
of
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
2
Makati
City
and
entered
in
his
Notarial
Register
as
Doc.
No.
1;
Page
No.
1;
Book
No.
1,
Series
of
2009.
A
copy
of
the
said
Deed
is
hereto
attached
and
made
an
integral
part
of
this
Affidavit;
2. That
in
the
said
Deed
of
Conditional
Sale,
I
was
the
VENDEE
of
a
certain
parcel
of
land
covered
by
Transfer
Certificate
of
Title
No.
T‐8911,
more
particularly
described
as
follows:
Transfer Certificate of Title No. T‐8911
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
3
(JURAT)
SAMPLE:
Affidavit
for
Cancellation
of
Entries
in
the
TCT
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
1. That
I
am
the
true
and
registered
owner
of
a
certain
parcel
of
land
which
is
covered
by
Transfer
Certificate
of
Title
No.T‐8911,
more
particularly
described
as
follows:
Transfer
Certificate
of
Title
No.
T‐8911
A
PARCEL
OF
LAND
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
containing
an
area
of
2,000
square
meters,
more
or
less
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
2. That
annotated
on
said
Transfer
Certificate
of
Title
No.
8911
is
a
notice
of
lis
pendens
dated
March
18,
2008;
3. That
the
effectivity
and
efficacy
of
said
entries
have
since
expired
as
shown
by
the
dates
thereon
and/or
were
correspondingly
superseded
by
other
entries
which
are
also
being
caused
to
be
cancelled
in
view
of
the
fact
that
the
party
to
said
annotation
has
registered
no
opposition
to
its
cancellation;
and
4. That
I
am
executing
this
affidavit
purposely
requesting
the
Register
of
Deeds
to
cause
the
cancellation
of
the
above‐mentioned
entries
in
the
aforementioned
Transfer
Certificate
of
Title.
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
4
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Consolidation
of
Ownership
REPUBLIC
OF
THE
PHILIPPINES)
Quezon
City,
Metro
Manila
)
S.S.
AFFIDAVIT
OF
CONSOLIDATION
OF
OWNERSHIP
I,
Vicente
de
Ramos,
Filipino
citizen,
of
legal
age,
married
to
Angelina
de
Ramos
and
a
resident
of
123
Cotabato
Street,
New
Manila,
Quezon
City,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
say:
1. That
in
the
public
auction
sale
conducted
by
the
City
Sheriff
of
Quezon
City
on
April
1,
2008
pursuant
to
the
provisions
of
Act
3135
as
amended,
the
undersigned
Affiant
became
the
purchaser
of
a
certain
foreclosed
property
with
all
its
improvements,
more
particularly
described
as
follows:
Transfer
Certificate
of
Title
No.
T‐8911
A
PARCEL
OF
LAND
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
containing
an
area
of
2,000
square
meters,
more
or
less
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
5
2. That
the
said
Sheriff
sold
the
above‐described
property
with
all
the
improvements
and
buildings
thereon
to
the
undersigned
Affiant
as
the
highest
bidder
for
the
sum
of
ONE
MILLION
PESOS
(P1,000,000.00),
Philippine
Currency;
3. That
a
Certificate
of
Sale
at
Public
Auction
was
issued
by
the
said
Sheriff
in
favor
of
the
undersigned
Affiant
and
the
same
was
duly
registered
with
the
office
of
the
Registry
of
Deeds
of
Quezon
City
on
April
10,
2008
as
Entry
No.
123
on
the
aforementioned
title;
and
4. That
the
one
(1)
year
period
for
redemption
has
already
expired
without
the
Mortgagor
or
any
person
in
his
representation
having
exercised
their
right
of
redemption
over
the
said
property
and
therefore,
the
consolidation
of
title
and
ownership
over
the
said
property
in
favor
of
the
undersigned
Affiant
is
proper
and
in
accordance
with
law.
WHEREFORE,
by
failure
of
the
Mortgagor
to
redeem
the
said
property,
I
am
executing
this
Affidavit
for
the
purpose
of
consolidating
title
and
ownership
over
the
above‐described
property
with
all
improvements
and
buildings
thereon,
as
provided
for
by
law,
and
I
hereby
request
the
Office
of
the
Register
of
Deeds
to
register
the
same
and
issue
a
new
title
in
the
name
of
the
undersigned
Affiant.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
VICENTE
DE
RAMOS
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Declaration
of
Ownership
of
Real
Property
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
DECLARATION
OF
OWNERSHIP
I,
EARL
CARTMAN,
of
legal
age,
Filipino,
single,
Manager
of
ABC
Corporation,
after
having
been
duly
sworn
to
in
accordance
with
law,
hereby
depose
and
state:
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
6
1. That
the
said
Corporation
is
the
owner
of
certain
parcel
of
land,
more
particularly
described
as
follows:
Transfer
Certificate
of
Title
No.
T‐8911
A
PARCEL
OF
LAND
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
containing
an
area
of
2,000
square
meters,
more
or
less
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
2. That
the
said
aforementioned
Transfer
Certificate
of
Title
over
said
property
includes
and
contains
all
the
permanent
improvements
and
buildings
located
and
situated
thereon;
and
3. That
I
execute
this
Affidavit
to
attest
and
declare
the
truth
of
the
foregoing
facts
and
for
whatever
legal
purposes
that
this
Affidavit
may
serve.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
12th
day
of
April
2009,
in
Quezon
City,
Metro
Manila,
Philippines.
EARL
CARTMAN
Affiant
(JURAT)
SAMPLE:
Affidavit
of
Consent
and
Support
for
Travel
of
a
Minor
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
JOINT
AFFIDAVIT
OF
SUPPORT
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
7
We,
Maria
Clara
Cartmanand
Eric
Cartman,
both
Filipinos,
of
legal
ages,
and
both
residents
of
No.
1
Rockwell
Drive,
Rockwell
Center,
Makati
City,
with
Residential
Telephone
No.
(632)
912332
and
with
Tax
Identification
Nos.
(T.I.N.)
12345
and
67890,
respectively,
after
having
been
duly
sworn
in
accordance
with
law,
hereby
depose
and
state:
1. That
we
are
the
parents
of
Mara
Clara
Cartman
who
is
of
legal
age
and
a
citizen
of
the
Republic
of
the
Philippines
and
a
holder
of
valid
Philippine
Passport
with
No.
123456
and
who
is
going
for
a
trip
abroad
specifically
to
the
United
States
this
20th
day
of
April
2009;
2. That
we
are
giving
our
full
consent
to
our
said
daughter
to
travel
abroad
or
specifically
to
the
United
States;
3. That
for
this
purpose,
we
have
sufficient
and
adequate
financial
capacity
to
support
and
defray
the
said
travel
and
do
hereby
undertake
to
finance
her
trip
abroad
from
the
application
fees,
airline
tickets,
board
and
lodging,
pocket
money
and
such
other
expenses
that
she
may
incur
so
that
she
would
neither
be
a
burden
to
the
state
nor
at
their
place
of
destination
at
any
time
during
her
trip
abroad;
4. That
there
is
no
criminal
case
pending
in
court
against
her
nor
has
she
been
charged
of
subversion,
rebellion,
insurrection
or
any
crime
or
offense
involving
moral
turpitude
in
any
court
of
the
Philippines;
and
5. That
we
are
executing
this
affidavit
to
declare
the
truth
of
the
foregoing
facts
and
for
whatever
legal
purpose
it
may
serve.
IN
WITNESS
WHEREOF,
we
have
set
our
hands
this
12th
day
of
April
2009at
Makati
City,
Metro
Manila,
Philippines.
MARIA
CLARA
CARTMAN
EARL
CARTMAN
Affiant
Affiant
(JURAT)
SAMPLE:
Bulk
Sales
Affidavit
BULK
SALES
AFFIDAVIT
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
8
Note:
A
Bulk
Sales
Affidavit
is
not
an
agreement/contract,
but
is
needed
when
a
corporation
sells
all
or
substantially
all
of
its
assets.
REPUBLIC
OF
THE
PHILIPPINES)
MAKATI
CITY
)
S.S.
BULK
SALES
AFFIDAVIT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
The
undersigned
individual,
residing
at
234
Rockwell
Drive,
Makati
City,
after
being
duly
sworn,
deposes:
1.
I
am
the
President
of
the
Corporation
known
as
SANTO
REALTY
INC.
hereinafter
referred
to
as
the
"Corporation"
and
I
am
the
person
who
executed
the
attached
bill
of
sale
on
behalf
of
the
Company.
2.
The
Corporation
is
the
sole
owner
of
the
property
described
in
the
attached
bill
of
sale
and
has
full
right
to
sell
and
transfer
the
property
involved.
3.
All
of
the
property
described
in
the
attached
bill
of
sale
is
free
and
clear
of
all
obligations
and
encumbrances.
4.
There
are
no
existing
court
judgments,
nor
any
liens,
replevin,
attachments
or
executions,
nor
any
petition
in
bankruptcy,
nor
has
any
arrangement
proceeding
been
filed
by
or
against
the
Corporation.
In
addition,
the
Corporation
has
not
taken
advantage
of
any
law
relating
to
insolvency.
This
affidavit
is
made
to
induce
the
Purchaser
to
accept
the
transfer
of
the
goods
described
in
the
attached
invoice.
It
is
also
to
assure
compliance
with
the
bulk
transfer
provisions
of
the
Act
No.
3952
or
The
Bulk
Sales
Law
to
assure
the
Purchaser
that
there
are
no
creditors
of
the
Company
who
are
entitled
to
the
statutory
notice
of
sale.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
04th
day
of
January
2009
at
the
City
of
Makati,
Philippines.
_____________________________
Jonathan
Francis
Nepomuceno
President
SANTO
REALTY
INC.
SUBSCRIBED
AND
SWORN
to
before
me
this
04th
day
of
January
2009
at
the
City
of
Makati,
Philippines
affiant
exhibiting
his
Passport
with
number
SSO
1234567
issued
on
01
October
2008
at
the
City
of
Manila,
Philippines.
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
9
NOTARY
PUBLIC
Doc.
No.
______;
Page
No.
______;
Book
No.
______;
Series
of
2______
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
0
CONTRACT
A
contract
is
a
meeting
of
minds
between
two
persons
whereby
one
agrees
to
give
something
or
render
some
service
to
another
for
a
consideration.
(Article
1318,
Civil
Code)
ELEMENTS
OF
A
CONTRACT
There
is
no
contract
unless
the
following
requisites
concur:
(1)
consent
of
the
contracting
parties;
(2)
an
object
certain
which
is
the
subject
of
the
contract;
and
(3)
the
cause
of
the
obligation
which
is
established.
(ABS‐CBN
Broadcasting
Corp.
v.
Court
of
Appeals,
301
SCRA
572)
UNILATERAL
DEED/CONTRACT
(APPLICABLE
TO
SALES)
Vendee
assumes
no
obligation.
No
need
for
the
vendee
or
the
other
party
to
sign
the
deed/contract
or
for
an
acknowledgment
thereof.
BILATERAL
DEED/CONTRACT
(APPLICABLE
TO
SALES)
Vendee
is
obliged
to
do
something.
Vendee
or
the
other
party
must
sign
both
the
deed
and
the
acknowledgment.
OPERATIVE
WORDS
TO
REMEMBER
Deed
of
Sale:
SELL,
TRANSFER
AND
CONVEY
(In
case
of
sale
under
pacto
de
retro,
state
such
a
fact
with
the
operative
words
REPURCHASE
AND
RESELL.)
Deed
of
Assignment:
ASSIGN,
TRANSFER
AND
CONVEY
Deed
of
Exchange:
CEDE,
TRANSFER
AND
CONVEY
Deed
of
Donation:
for
and
in
consideration
of
love
and
affection
Power
of
Attorney:
name,
constitute
and
appoint,
HEREBY
GIVING
AND
GRANTING
Cardinal
Rules
in
Drafting
Contracts
as
Legal
Documents7
Rule
1
The
usual
commencement
of
a
contract
should
be:
“This
Agreement”
or
“An
Agreement”
or
“Articles
of
Agreement”
7
San
Beda
College
of
Law
Reviewer
2008,
citing
Guevara,
15th
Revised
Edition.
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
1
Although
it
is
better
to
state
the
particular
kind
of
contract
or
agreement
to
be
drafted
such
as
“This
Mortgage”,
“This
Contract
of
Sale”,
“This
Contract
of
Lease”
Rule
2
The
FULL
NAMES
of
the
parties,
their
capacity,
civil
status,
and
their
residences,
should
come
next.
The
logical
order
in
which
the
parties
are
to
be
named
in
the
document
must
be
observed.
Example:
Deed
of
Conveyance:
Name
of
seller,
mortgagor,
or
grantor
must
first
be
stated
Employment
Contract:
Name
of
employer
usually
comes
first
Rule
3
The
principal
or
operational
clauses
of
the
document
should
be
stated
in
separate,
numbered
paragraphs.
The
purpose
is
to
facilitate
ready
reference
thereto
Rule
4
Verbosity
should
be
avoided.
Rule
5
Specific
or
technical
terms,
which
have
special
meanings
in
the
document,
should
be
especially
defined.
Rule
6
Names
of
parties
should
be
repeated.
The
use
of
PRONOUNS
would
give
rise
to
AMBIGUITY.
Rule
7
The
document
must
be
NEAT,
FREE
FROM
ERASURES,
INTERLINEATIONS,
or
SUSPICIONS
OF
ALTERATIONS.
Rule
8
A
clause
may
be
inserted
at
the
end
of
an
agreement
that:
“This
contract
shall
extend
and
be
binding
upon
the
parties
thereto,
their
executors,
administrators,
and
assigns”
Rule
9
The
place
and
date
of
execution
of
the
document
usually
come
LAST,
and
may
be
stated
thus:
“Signed
in
the
City
of
Manila,
Philippines,
this
day
of
,
20
.”
Important
Requirements
for
Specific
Deeds/Contracts
DEED
OF
SALE
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
2
The
property
must
be
stated
in
its
particularity
(re:
technical
description)
CHATTEL
MORTAGE
It
must
include
an
affidavit
of
good
faith.
SALE
UNDER
THE
BULK
SALES
LAW
It
must
include
an
affidavit
of
vendor
stating
that
at
the
time
of
sale,
he
had
no
creditors,
or
if
there
was
creditor/s,
copy
of
notice
to
them
regarding
the
sale.
(Sec.
3,
Act.
3952,
“The
Bulk
Sales
Law”)
See
affidavit
for
bulks
sales
in
Chapter
2
for
a
sample
form.
What
shall
be
deemed
to
be
a
sale
and
transfer
in
bulk?
A
sale
and
transfer
in
bulk
is
any
sale,
transfer,
mortgage
or
assignment:
1. Of
a
stock
of
goods,
wares,
merchandise,
provisions,
or
materials
otherwise
than
in
the
ordinary
course
of
trade
and
the
regular
prosecution
of
the
business
of
the
vendor,
mortgagor,
transferor,
or
assignor,
or
2. Of
all,
or
substantially
all,
of
the
business
or
trade
theretofore
conducted
by
the
vendor,
mortgagor,
transferor,
or
assignor,
or
3. Of
all,
or
substantially
all,
of
the
fixtures
and
equipment
used
in
and
about
the
business
of
the
vendor,
mortgagor,
transferor,
or
assignor.
(Sec.
2,
Bulk
Sales
Law.)
What
are
the
exceptions
to
this
rule?
It
will
not
be
deemed
a
sale
and
transfer
in
bulk
in
contemplation
of
the
Bulk
Sales
Law:
1. If
such
vendor,
mortgagor,
transferor,
or
assignor
produces
and
delivers
a
written
waiver
of
the
provisions
of
this
Act
from
his
creditors
as
shown
by
verified
statements
(Sec.
2,
Bulk
Sales
Law),
or
2. If
such
vendor,
mortgagor,
transferor,
or
assignor
is
an
executor,
administrator,
receiver
assignee
in
insolvency,
or
public
officer,
acting
under
judicial
process.
(Sec.
8,
Bulk
Sales
Law.)
BASIC
TEMPLATE
OF
A
CONTRACT/AGREEMENT
SAMPLE:
Basic
Template
of
a
Contract/Agreement
N.B.
This
is
a
basic
template.
The
sample
forms
presented
after
may
vary
in
form,
but
should
contain
the
same
essential
elements
–
parties,
object,
consideration,
consent.
Templates
for
Parties
1
and
2
can
be
interchanged
depending
on
the
role
of
each
party
in
the
contract/agreement.
Also,
it
is
possible
that
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
3
both
parties
are
corporations.
If
this
is
the
case,
apply
the
template
of
party
1
for
both
parties.
It
is
also
possible
that
they
are
both
natural
persons.
In
that
case,
apply
the
template
of
party
2
for
both
parties.
[TITLE
OF
CONTRACT/AGREEMENT]
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
[type
of
contract/agreement],
made
and
entered
into
this
[__]
day
of
[Month],
[Year]
in
[Place],
Philippines,
by
and
between:
[Name
of
Corporation]
a
corporation
duly
organized
and
existing
under
Philippine
law
with
offices
at
[Postal
Address]
hereinafter
collectively
referred
to
as
the
“[Indicate
a
label
for
party
1
for
easy
identification,
example
“VENDOR”]”represented
by
its
[Representative’s
Position],
[Representative’s
Name];
=
and
=
[Full
Name],
[Nationality},
of
legal
age,
[Civil
Status
(if
married,
indicate
name
of
spouse;
if
property
is
co‐owned,
indicate
the
name
of
both
spouses
together
under
Full
name,
example:
SPOUSES
RALPH
and
ANGELA
CLEANONE)],
with
postal
address
and
presently
residing
at
[Postal
Address]
hereinafter
referred
to
as
the
“[indicate
a
label
for
party
2
for
easy
identification,
example
“VENDEE”]”;
WITNESSETH:
WHEREAS
[The
WHEREAS
clauses
contain
the
object
and
consideration/s
of
the
contract/agreement];
THEREFORE
[The
THEREFORE
clause
contains
the
consent
of
both
parties].
[Terms
and
Conditions
of
the
Contract/Agreement]
[__]th
day
of
[Month],
[Year]
in
[Place],
Philippines.
[Name
of
Corporate
Representative]
[Name
of
Party
2]
[Name
of
Corporation]
[Label]
[Label]
WITH
MARITAL
CONSENT:
[When
Necessary]
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
4
[Spouse’s
Name]
SIGNED
IN
THE
PRESENCE
OF:
[Name
of
Witness
1]
[Name
of
Witness
2]
(ACKNOWLEDGMENT)
COMMON
CONTRACTS
AND
DEEDS
SAMPLE:
Contract
of
Lease
(Real
Property)
CONTRACT
OF
LEASE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
CONTRACT
LEASE,
made
and
entered
into,
by
and
between
–
Loida
T.
Garcia,
of
legal
age,
Filipino,
married
and
with
residence
at
21B
Rajah
Matanda
St.
Project
4
Quezon
City,
Philippines,
hereinafter
referred
to
as
“Lessor”,
‐
and
‐
Fernando
P.
Zamora,
of
legal
age,
Filipino,
married,
and
with
residence
at
161
Rosalia
Compound,
Tandang
Sora,
Quezon
City,
Philippines,
hereinafter
referred
to
as
the
“Lessee”.
WITNESSETH:
Whereas,
the
Lessor
is
the
registered
owner
of
a
certain
property
located
at
256
White
Plains,
Quezon
City,
Philippines
with
TCT
No.
457291
of
the
Property
of
Deeds
for
Quezon
City
and
the
building
thereon
built;
and
Whereas,
the
Lessor
desires
to
let
the
said
property
and
the
Lessee
desires
to
lease
the
same.
NOW,
THEREFORE,
for
and
consideration
of
the
covenants
and
stipulations
herein,
the
Lessor
agrees
to
lease
said
property
to
the
Lessee
under
the
following
terms
and
conditions:
1. The
term
of
the
lease
shall
be
for
a
period
of
five
(5)
years,
beginning
January
1,
2009
and
ending
on
January
1,
2014,
unless
sooner
terminated
as
herein
provided.
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
5
2. The
Lessee
agrees
to
pay
monthly
rentals
of
Forty
Five
Thousand
(P45,000.00)
Pesos,
payable
in
the
first
week
of
the
month
at
the
Lessor’s
residence,
subject
to
yearly
increase
of
5%
starting
the
third
year
of
the
lease.
3. The
Lessee
shall
make
an
advance
deposit
equivalent
to
the
rentals
for
three
(3)
months,
without
interest,
which
shall
answer
for
any
damage
to
the
house
resulting
from
the
Lessee’s
use
and
occupancy
thereof
or
from
any
cause
whatsoever
by
the
members
of
his
family,
his
household
help
and
visitors;
and
if
no
such
injury
or
damage
is
caused,
the
same
will
be
applied
as
rentals
in
the
last
three
months
of
occupancy.
4. Major
and
minor
repairs
of
the
house,
which
the
Lessee
may
desire
to
make,
shall
be
for
the
account
of
the
Lessee.
5. The
Lessee
shall
insure
the
house
against
fire,
in
the
amount
of
One
Miliion
Five
Hundred
Thousand
(P1,500,000.00)
Pesos
at
his
expense,
with
the
Lessor
as
beneficiary,
during
the
period
of
the
Lease.
6. During
the
lifetime
of
the
lease,
the
Lessee
shall
be
responsible
for
the
payment
of
all
utility
charges,
such
as
electricity,
gas,
water,
telephone,
garage,
collection
fees
and
grass
cutting
charges
and
for
other
services.
7. The
Lessee
shall
not
sublease
the
premises
or
assign
this
lease,
without
the
written
consent
of
the
Lessor.
8. The
Lessee
shall
not
paint,
make
any
improvements,
partitions
without
the
prior
consent
of
the
Lessor,
and
if
the
same
are
made
they
shall
be
for
the
account
of
the
Lessee
and
shall,
at
the
end
of
the
lease,
become
the
property
of
the
Lessor,
without
any
right
to
seek
reimbursement
of
the
costs
thereof.
9. If
any
rental
as
stipulated,
or
any
part
thereof,
at
any
time
shall
be
in
arrears
or
unpaid,
or
if
the
Lessee
shall
at
any
time
fail
to
perform
or
comply
with
any
of
the
covenants
and
conditions
herein,
then
and
in
any
such
event,
this
Contract
of
Lease
shall
automatically
terminate,
and
the
Lessee
shall
peacefully
surrender
possession
of
the
leased
premises
to
the
Lessor,
in
the
same
condition
as
when
he
first
entered
the
premises.
10. That
the
Lessee
shall
notify
the
Lessor
at
least
thirty
(30)
days
in
advance
should
the
Lessee
decide
to
abandon
the
leased
premises;
11. That
violation
of
any
of
the
above
terms
and
conditions
will
produce
ipso
facto
the
rescission
of
this
contract
of
lease.
12. Failure
of
the
Lessor
to
insist
on
any
provisions
of
this
lease
shall
not
be
construed
as
a
waiver
thereof.
No
waiver
by
the
Lessor
of
any
right
herein
provided
and
as
provided
by
law
shall
be
valid,
unless
made
in
writing
and
duly
signed
by
the
Lessor.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
signed
this
contract
of
lease
this
28th
day
of
December,
2008,
in
the
City
of
Quezon
City,
Philippines.
LOIDA
T.
GARCIA
FERNANDO
P.
ZAMORA
Lessor
Lessee
Signed
in
the
Presence
of:
JUAN
G.
DELA
CRUZ
MARIO
C.
FELICIANO
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
6
(ACKNOWLEDGMENT)
SAMPLE:
Contract
of
Lease
(Personal
Property)
CONTRACT
OF
LEASE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
CONTRACT
OF
LEASE,
made
and
entered
into,
by
and
between
–
Loida
T.
Garcia,
of
legal
age,
Filipino,
married
and
with
office
address
at
21B
Rajah
Matanda
St.
Project
4
Quezon
City,
Philippines,
hereinafter
referred
to
as
“Lessor”,
‐
and
‐
Fernando
P.
Zamora,
of
legal
age,
Filipino,
married,
and
with
office
address
at
161
Rosalia
Compound,
Tandang
Sora,
Quezon
City,
Philippines,
hereinafter
referred
to
as
the
“Lessee”.
WITNESSETH:
WHEREAS,
the
Lessor
is
the
absolute
owner
of
a
certain
personal
property,
more
particularly
described
as
follows:
Make
&
Type
Essen
Welding
Machine
ARC
315
Serial/Chassis
No.
A128930‐394
WHEREAS,
the
Lessee
desires
to
lease
the
said
property.
NOW,
THEREFORE,
for
and
in
consideration
of
the
covenants
and
stipulations
of
the
parties,
the
Lessor
agrees
to
lease
said
property
to
the
Lessee
under
the
following
terms
and
conditions:
1. The
term
of
this
lease
shall
be
five
(5)
months,
such
term
to
commence
on
May
01,
2009
and
to
terminate
on
October
01,
2009,
unless
otherwise
terminated
as
provided
in
this
lease.
2. The
monthly
rental
shall
be
FIVE
THOUSAND
PESOS
(Php
5,000.00),
Philippine
Currency,
to
be
paid
by
Lessee
at
the
office
of
Lessor
on
or
before
the
first
(1st)
day
of
each
and
every
month;
3. Lessee
shall
exercise
due
care
in
the
use
and
maintenance
of
the
leased
property,
keeping
it
in
good
repair
and
in
a
condition
equivalent
in
all
respects
to
that
in
which
it
was
received
by
lessee,
normal
wear
and
tear
excepted.
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
7
4. Lessee
shall
not
assign
this
lease
or
sublet
the
leased
property
unless
the
written
consent
of
Lessor
to
such
assignment
or
sublease
is
first
obtained.
5. If
the
Lessee
shall
be
in
default
of
any
of
the
rental
payments,
when
the
payments
shall
become
due
and
payable
as
provided
in
this
agreement,
or
shall
remove
or
attempt
to
remove
the
leased
property
from
161
Rosalia
Compound,
Tandang
Sora,
Quezon
City
without
first
obtaining
the
written
consent
of
the
Lessor,
the
Lessor
shall,
at
his
or
her
option,
terminate
this
lease
and
Lessee’s
right
to
possession
of
the
leased
property,
and
the
Lessor
shall
then
without
demand
on
or
notice
to
the
Lessee
take
possession
of
such
leased
property.
6. Lessor
shall
at
all
times
during
Lessee’s
business
hours
have
the
right
to
enter
on
the
premises
where
the
leased
property
is
located
for
the
purpose
of
inspecting
the
property.
7. On
expiration
or
earlier
termination
of
this
lease,
the
Lessee
shall
return,
the
leased
property
to
Lessor
in
good
repair,
ordinary
wear
and
tear
resulting
from
proper
use
of
the
property
excepted.
8. Lessee
will
indemnify
Lessor
against,
and
hold
Lessor
harmless
from
all
claims,
actions,
proceedings,
damages,
and
liabilities,
including
attorney’s
fees,
arising
from
or
connected
with
Lessee’s
possession,
use,
and
return
of
the
leased
property.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
signed
this
contract
of
lease
this
28th
day
of
December
2008,
in
the
City
of
Quezon
City,
Philippines.
LOIDA
T.
GARCIA
FERNANDO
P.
ZAMORA
Lessor
Lessee
Signed
in
the
Presence
of:
JUAN
G.
DELA
CRUZ
MARIO
C.
FELICIANO
(ACKNOWLEDGMENT)
SAMPLE:
Chattel
Mortgage
CHATTEL
MORTGAGE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
CHATTEL
MORTGAGE,
made
and
entered
into,
by
and
between
–
S A N T O
R e a l t y ,
I n c . ,
a
corporation
duly
organized
under
the
laws
of
the
Philippines,
with
principal
office
at
123
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
8
represented
by
its
president,
Ernesto
Pogito,
hereinafter
referred
to
as
the
“MORTGAGOR”,
‐
and
‐
Nicholas
Estrada,
of
legal
age,
single,with
postal
address
at
1234
Gabrielle
Homes,
Pasig
City,
hereinafter
known
as
the
“MORTGAGEE”.
WITNESSETH:
That
the
MORTGAGOR
is
indebted
unto
the
MORTGAGEE
in
the
sum
of
Nine
Hundred
Thousand
Pesos
(P
900,000.00),
Philippine
Currency,
receipt
of
which
is
acknowledged
by
the
MORTGAGOR
upon
the
signing
of
this
instrument,
payable
within
a
period
of
2
years,
with
interest
thereon
at
the
rate
of
(12)
%
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
:
Nissan
Celica
MOTOR
NO.
:
1234567
SERIES
:
78
SERIAL/CHASSIS
NO.
:765432
TYPE
OF
BODY
:
Coupe
PLATE
NO.
:
XXX‐111
YEAR
MODEL
:
1999
FILE
NO.
:
789653
That
the
condition
of
this
obligation
is
that
should
the
MORTGAGOR
perform
the
obligation
to
pay
the
hereinabove
cited
indebtedness
of
Nine
Hundred
Thousand
Pesos
(P
900,000.00)
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
13
day
of
March
2009,
at
Makati,
Philippines.
ERNESTO
POGITO
NICHOLAS
ESTRADA
SIGNED IN THE PRESENCE OF:
JONNY NEPO JP SALVAVIDA
(ACKNOWLEDGEMENT)
AFFIDAVIT OF GOOD FAITH
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
9
We,
the
undersigned
MORTGAGOR
AND
MORTGAGEE
hereby
jointly
and
severally
swear
that
we
executed
the
foregoing
Chattel
Mortgage
in
order
to
secure
the
indebtedness
therein
and
for
no
other
purpose
or
purposes
contrary
to
law.
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
0
plan.
Begginging
at
a
point
marked
“1”
on
the
plan,
being
S.
41
deg
21’E.,
4266.24
m.
from
CBM
22,
Makati
Cadastre
10;
thence
S.
32
deg.
07’W.,
14.55
m.
to
point
2;
thence
N.
56
deg.
00’W.,
12.33
m.
to
point
3;
thence
N.
21;
56’E.,
33.22
m.
to
pint
4;
thence
S.
67
deg.
03’E,
12.00
m.
to
the
point
of
beginning;
containing
an
area
of
TWO
HUNDERED
EIGHTY
(280)SQUARE
METERS,
more
or
less…"
of
which
real
property
the
MORTGAGOR
is
the
registered
owner
of
a
parcel
of
land
with
improvements
located
at
No.
25
South
Ave.,
Salcedo
Village,
Makati
City
and
covered
by
Transfer
Certificate
of
Title
No.
1111
containing
a
total
area
of
TWENTY
THOUSAND
(20,000)
SQUARE
METERS,
more
or
less,
PROVIDED,
HOWEVER,
that
if
the
said
corporation
shall
pay
or
cause
to
be
paid
to
said
FELIPE
GOZON,
his
heirs
and
assigns,
the
said
amount
within
the
period
of
TWO
(2)
years
from
and
after
with
the
interest
theron
at
the
rate
of
(FIVE)
per
centum
(5%)
per
annum,
then
this
MORTGAGE
shall
be
discharged
and
shall
be
of
no
effect.
OTHERWISE,
it
shall
remain
in
full
force
and
effect
and
shall
be
enforceable
in
the
manner
provided
for
by
law.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
12th
day
of
April
2009
in
Makati
City,
Metro
Manila,
Philippines.
CTV‐Z
Network,
Inc.
Felipe
Gozon
Mortgagor
Mortgagee
Represented
by:
Francis
Tom
Temprosa
President
SIGNED
IN
THE
PRESENCE
OF:
Sam
Milby
Piolo
Pascual
(ACKNOWLEDGMENT)
SAMPLE:
Contract
to
Sell
CONTRACT
TO
SELL
KNOW
ALL
MEN
BY
THESE
PRESENTS:
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
1
This
CONTRACT
TO
SELL,
made
and
executed
this
12th
day
of
March,
2009,
by
and
between:
Ralph
Cleanone,
of
legal
age,
married
to
Mary
Angela
Cleanone,
Filipino,
and
with
residence
and
postal
address
at
38
Maple
Drive,
Rockwell
Village,
Makati,
hereinafter
referred
to
as
the
"SELLER/VENDOR":
‐AND‐
SANTO
Realty
Inc.,
a
corporation
duly
organized
under
the
laws
of
the
Philippines,
with
principal
office
at
123
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
represented
by
its
President,
Ernesto
Pogito,
hereinafter
referred
to
as
the
BUYER.
WITNESSETH:
WHEREAS,
the
SELLER/VENDOR
is
the
absolute
and
registered
owner
of
a
parcel
of
land,
including
all
structures
and
improvements
thereon,
consisting
of
One
Thousand
Five
Hundred
(1,500)
square
meters,
more
or
less,
located
at
Bo.
Hinapao
2
(now
San
Jose),
Antipolo,
Rizal,
Phase
KVH
2,
and
covered
by
Transfer
Certificate
of
Title
No.
P‐143,
issued
by
the
Registry
of
Deeds
of
the
Province
of
Rizal,
and
more
particularly
described
as
follows:
"A
parcel
of
land
(Lot
25,
Blk.
30
of
the
cons./subd.
plan
Pcs‐04‐005099,
being
a
portion
of
the
cons.
Of
Lot
B,
Psd‐37723
&
Psu‐180896,
LRC
Rec.
No..),
situated
in
the
Bo.
Of
Hinapao
No.
2
(now
San
Jose),
Mun.
Of
Antipolo,
Prov.
Of
Rizal,
Is.
Of
Luzon.
Bounded
on
the
NE.,
along
line
1‐2
by
Lot
23,
Blk.
30
of
the
subd.
plan,
along
line
2‐3
by
Juan
Panganiban,
on
the
SW.,
along
line
3‐4
by
Road
Lot
25
and
on
the
NW.,
along
line
4‐1
by
Road
Lot
30,
both
of
the
subd.
plan.
Beginning
at
a
point
marked
“1”
on
plan,
being
N.
86
deg.
46’E.,
2310.50
m.
From
BLLM
No.
1,
Mun.
Of
Antipolo,
Rizal;
thence
S.
82
deg.
35’E.,
10.00
m.
to
point
2;
thence
S.
10
deg.
32’E.,
15.77
m.
to
point
3;
thence
N.
82
deg.
35’W.,
14.88m.
to
point
4;
thence
N.
7
deg.
25’E.,
15.00
m.
to
point
of
beginning
containing
an
area
of
ONE
THOUSAND
FIVE
HUNDRED
(1,500)
SQUARE
METERS..."
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
Ten
Million
(Php10,000,000.00)
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:
1.
The
total
consideration
shall
be
Ten
Million
(Php
10,000,000.00)
PESOS,
Philippine
Currency,
payable
as
follows:
a)
The
amount
of
THREE
MILLION
(Php
3,000,000.00)
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
MILLION(Php
7,000,000.00)
PESOS,
shall
be
paid
in
Cash
on
or
before
December
31,
2009;
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
2
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
MILLION
(Php
3,000,000.00)
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
12th
day
of
March,
2009,
at
Makati
City,
Philippines.
Ralph
Cleanone
Ernesto
Pogito
SELLER/VENDOR
President
SANTO
Realty,
Inc.
BUYER/VENDEE
WITH
MARITAL
CONSENT:
Mary
Angel
Cleanone
SPOUSE
OF
SELLER/VENDOR
SIGNED
IN
THE
PRESENCE
OF:
Jonathan
Nepomuceno
John
Paulo
Salvahan
(ACKNOWLEDGMENT)
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
3
SAMPLE:
Joint
Venture
Agreement
JOINT
VENTURE
AGREEMENT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
JOINT
VENTURE
AGREEMENT
made
and
executed
this
20th
day
of
April
1999
at
Makati
City,
Metro
Manila,
Philippines,
by
and
among:
RURAL
FARMING,
INC.,
a
corporation
duly
organized
and
existing
under
the
laws
of
the
Philippines,
with
office
address
at
20
Cooper
St.,
San
Francisco
del
Monte,
Quezon
City,
represented
herein
by
its
President,
LAURO
CELESTINO,
hereinafter
referred
to
as
“FIRST
LANDOWNER”;
‐
together
with
‐
EVA
CELESTINO,
of
legal
age,
Filipino,
and
with
residence
address
at
20
Cooper
St.,
San
Francisco
del
Monte,
Quezon
City,
for
herself
and
as
attorney‐in‐fact,
by
virtue
of
a
Special
Power
of
Attorney
executed
in
her
favor,
a
copy
of
which
is
attached
hereto
as
Annex
“A”
and
made
an
integral
part
hereof,
of
MARIA
RAFAEL
CELESTINO,
AURORA
LUZ
CELESTINO
and
RUFINO
CELESTINO,
all
of
legal
age,
Filipinos,
and
with
residence
address
at
20
Cooper
St.,
San
Francisco
del
Monte,
Quezon
City,
and
REGINA
SOPHIA
CELESTINO,
of
legal
age,
Filipino,
and
with
residence
address
at
27‐B
Angelo
St.,
La
Loma,
Quezon
City,
referred
to
as
“SECOND
LANDOWNER”;
Both
are
hereinafter
referred
collectively
as
the
“LANDOWNERS”;
‐
and
‐
MANCON
BERHAD‐CBDC
JOINT
VENTURE
CORPORATION,
a
corporation
duly
organized
and
existing
under
the
laws
of
the
Philippines,
with
office
address
at
3rd
Floor
ITS
Bldg.,
2308
Pasong
Tamo
Extension,
Makati
City,
represented
herein
by
its
President
and
Chief
Executive
Officer,
MARIO
A.
ORETA,
hereinafter
referred
to
as
the
“DEVELOPER”.
WITNESSETH:
That‐
WHEREAS,
LANDOWNERS
are
the
registered
and
lawful
owners
of
a
parcel
of
land
located
in
the
Municipality
of
Gen.
Trias,
Province
of
Cavite,
with
an
aggregate
area
of
five
hundred
six
thousand
three
hundred
seventy
(506,370)
square
meters,
more
or
less,
and
covered
by
Transfer
Certificate
of
Title
No.
T‐276294
issued
by
the
Register
of
Deeds
of
Cavite,
hereinafter
referred
to
as
the
“Property”;
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
4
WHEREAS,
DEVELOPER
is
a
corporation
engaged
in
the
development
of
agricultural,
commercial
and
industrial
lots
into
first
class
agricultural,
commercial
and
industrial
complexes;
WHEREAS,
DEVELOPER
has
offered
to
LANDOWNERS
and
LANDOWNERS
have
accepted
the
offer
of
DEVELOPER
to
develop
the
Property
into
a
farm
lot
Project,
hereinafter
referred
to
as
the
“Project”
WHEREAS,
LANDOWNERS
and
DEVELOPER
will
form
a
Joint
Venture
to
effectively
undertake
the
Project;
NOW,
THEREFORE,
for
and
in
consideration
of
their
mutual
promises
and
covenants,
Parties
agree
to
the
following
terms
and
conditions:
I.
CONDITIONS
PRECEDENT
The
perfection
of
this
Agreement
is
pre‐conditioned
on
the
following
undertakings
by
the
LANDOWNERS:
1.1
to
deliver
the
owner’s
copy
of
the
Property’s
Transfer
Certificate
of
Title
to
DEVELOPER,
accompanied
by
proof
that
it
is
free
from
all
liens
and
encumbrances
whatsoever,
as
referred
to
in
clauses
II
and
IV
hereunder;
1.2
to
deliver
any
certifications
or
documents
showing
the
exemption
of
the
Property
from
the
operation
of
the
Comprehensive
Agrarian
Reform
Program
(CARP);
1.3
to
clear
the
Property
from
the
presence
of
tenants
or
occupants
therein
as
well
as
any
form
of
claims
involving
said
Property;
1.4
to
reconstitute
the
original
copy
of
Transfer
Certificate
of
Title
of
the
Property
on
file
with
the
Registry
Deeds;
1.5
to
pay
all
real
estate
taxes
due
on
the
Property
up
to
the
last
quarter
prior
to
the
execution
of
this
Agreement;
and
1.6
to
secure
authorization
from
the
Board
of
Directors
of
the
FIRSTLANDOWNER
to
enter
into
this
Agreement.
II.
THE
PROPERTY
2.0
The
Property
is
composed
of
five
hundred
six
thousand
three
hundred
seventy
(506,370)
square
meters,
more
or
less,
covered
by
Transfer
Certificate
of
Title
No.
T‐276294
issued
by
the
Register
of
Deeds
of
Cavite
in
the
name
of
LANDOWNERS,
a
certified
true
copy
of
which
is
attached
hereto
as
Annex
“B”
and
made
an
integral
part
of
this
Agreement.
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
5
2.1
LANDOWNERS
guarantee
that
the
entire
Property
is
an
agricultural
area,
transferable,
and
free
from
all
liens
and
encumbrances
whatsoever.
III.
CONTRIBUTION
OF
PROPERTIES
AND
DIVISION
OF
PROFITS
3.0
Organization.
With
the
signing
of
this
Agreement,
the
parties
shall
form
a
Joint
Venture
with
equity
participation
of
SEVENTY
FIVE
PERCENT
[75%]
to
DEVELOPER
and
TWENTY
FIVE
PERCENT
[25%]
to
LANDOWNERS.
The
parties
shall
contribute
to
the
Joint
Venture
the
following:
3.0.1
LANDOWNERS
shall
contribute
the
Property;
and
3.0.2
DEVELOPER
shall
contribute
the
development
costs
sufficient
to
develop
the
Property
into
a
Farm
Lot
Project.
3.1
Division
of
Profits.
In
return
for
the
contribution
of
both
parties,
LANDOWNERS
shall
be
allotted
Twenty
Five
Percent
[25%],
and
DEVELOPER
Seventy
Five
Percent
[75%],
of
the
net
profits
of
the
Joint
Venture.
3.2
Computer
of
Net
Profits.
The
net
profits
earned
by
the
Joint
Venture
shall
be
computed
by
deducting
all
marketing
and
advertising
expenses,
commissions,
and
any
and
all
taxes
incurred
by
and
as
a
consequence
of
the
Joint
Venture.
DEVELOPER
may
advance
the
payment,
which
shall
then
be
considered
as
advances
made
on
its
part,
of
disturbance
compensation
to
the
legitimate
tenants
of
LANDOWNERS.
However,
said
amount
shall
be
deductible
from
the
latter’s
share
in
the
net
profit
of
the
Joint
Venture.
3.3
Title
over
Saleable
and
Non‐saleable
Lots.
As
part
of
DEVELOPER’s
undertaking
in
the
development
of
the
Property
into
a
farm
lot
Project,
the
Joint
Venture
shall
subdivide
the
Properties
into
saleable
lots.
Being
the
registered
owners
of
the
Property,
LANDOWNERS,
upon
the
execution
of
this
Agreement,
shall
execute
and
sign
a
Special
Power
of
Attorney
authorizing
the
duly
designated
Project
Director
to
offer,
negotiate,
enter
into,
execute
and
sign
any
and
all
documents,
contracts,
memoranda,
or
papers
transferring,
conveying,
ceding,
assigning
or
selling
any
or
all
part
of
the
developed
portion
of
the
Property,
to
be
known
as
the
saleable
farm
lots.
Correspondingly,
certificates
of
title
therein
shall
be
issued
in
the
names
of
the
buyers
upon
full
payment
of
the
purchase
price.
Titles
to
all
road
lots,
alleys,
open
spaces
and
other
commonly
used
areas
shall,
after
the
completion
of
the
Project
and
at
such
time
as
agreed
upon
by
the
Parties,
be
assigned
to
the
Municipal
Government
of
Gen.
Trias,
Cavite.
IV.
UNDERTAKING
AND
WARRANTIES
OF
LANDOWNERS
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
6
4.0
LANDOWNERS
warrant
that
they
are
the
lawful,
registered
and
true
owner
of
the
Property,
that
the
Property
is
free
and
clear
from
any
and
all
liens,
encumbrances,
charges,
equities
and
claims
of
any
kind,
nature
and
description,
and
that
the
Property
is
not
covered
by
an
existing
lease
or
option
to
purchase,
lease
or
develop.
4.1
LANDOWNERS
shall
cause
the
relocation
survey
of
the
Property
to
determine
with
definiteness
the
metes
and
bounds
thereof.
4.2
LANDOWNERS
shall
contribute
the
Property
to
the
Joint
Venture.
LANDOWNERS
shall
transfer,
consign,
and
convey
the
complete,
full
and
exclusive
possession,
control
and
management
of
the
Property
to
the
Joint
Venture.
LANDOWNERS
shall
likewise
guarantee
to
DEVELOPER
uninterrupted
physical
control
over
the
Property
and
secure
its
premises
against
unauthorized
persons.
4.3
LANDOWNERS
undertake
to
free
the
Property
from
any
tenants
or
occupants
within
the
time
set
forth
in
clause
I
hereof.
LANDOWNERS
shall
pay
the
tenants
in
the
Property
the
necessary
disturbance
compensation.
4.4
LANDOWNERS
shall
cause
the
annotation,
before
the
Register
of
Deeds
of
Cavite,
of
this
Agreement
at
the
back
of
the
title
of
the
Property.
4.5
LANDOWNERS
undertake
to
execute
any
and
all
documents
necessary
to
obtain
and
assist
the
DEVELOPER
in
the
procurement
of
the
pertinent
permits,
licenses
and
conversion,
reclassification
or
exemption
of
the
Property
for
the
implementation
of
the
Project
by
DEVELOPER.
4.6
LANDOWNERS
undertake
not
to
sell,
transfer,
assign,
mortgage
or
in
any
manner
dispose
of
a
portion
of
or
all
of
their
shares
in
the
Joint
Venture
or
in
the
net
saleable
lots,
without
first
offering
the
same
to
DEVELOPER.
V.
UNDERTAKING
AND
WARRANTIES
OF
DEVELOPER
5.0
DEVELOPER,
as
its
contribution
to
the
Joint
Venture,
shall
develop
the
Property
into
farm
lots.
5.1
DEVELOPER
shall
prepare
the
plan
for
the
development
of
the
Property,
including
detailed
engineering
studies
and
timetable
for
completion
of
each
phase
of
the
Project.
The
development
plan
shall
include,
but
not
limited
to,
the
following:
a.
main
road;
b.
feeder
roads
leading
to
the
individual
lots;
c.
uninterrupted
water
and
power
supply;
d.
clubhouse;
e.
nature
preserve;
f.
man‐made
lakes;
g.
access
plaza;
and
h.
other
structural
amenities
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
7
5.2
DEVELOPER
undertakes
to
complete
the
Project
within
a
period
of
three
(3)
years
from
the
commencement
of
construction,
which
may
be
mutually
extended
by
the
Parties.
The
Parties
may
shorten
the
period
of
three
(3)
years
for
the
construction
of
the
Project
upon
their
mutual
agreement,
should
the
Project
be
earlier
accomplished,
among
other
reasons.
5.3
DEVELOPER
hereby
agrees
that
out
of
the
total
saleable
lots,
an
area
covering
three
(3)
hectares
shall
be
conveyed
to
SECOND
LANDOWNER
at
the
prevailing
selling
price
less
20%,
the
payment
thereof
shall
be
deducted
from
the
latter’s
share
in
the
net
profits
of
the
Joint
Venture.
5.4
DEVLOPER
shall
assist
the
LANDOWNERS
financially
in
freeing
the
Property
from
any
and
all
tenants
or
occupants.
As
such,
DEVELOPER
may
advance
the
amount
necessary
to
pay
the
said
tenants
the
agreed
disturbance
compensation
subject
to
clause
3.2,
second
paragraph.
5.5
DEVELOPER
undertakes
not
to
sell,
transfer,
assign,
mortgage
or
in
any
manner
dispose
of
its
share
in
the
Joint
Venture
or
in
the
net
saleable
lots,
without
first
offering
the
same
to
LANDOWNERS.
VI.
IMPLEMENTATION
AND
TERMINATION
6.0
Supervision,
Monitoring
and
Marketing
of
the
Project.
The
implementation
of
the
Project
shall
be
directed
and
supervised
by
the
nominees
delegated
by
the
Parties
in
a
seven‐man
Oversight
Committee,
which
shall
act
on
their
behalf
in
connection
with
the
Project.
Five
[5]
nominees
shall
be
appointed
by
DEVELOPER
and
two
[2]
by
LANDOWNERS.
A
Project
Director
shall
be
nominated
by
the
Committee.
All
the
expenses
incurred
in
the
hiring
of
a
Project
Director
as
well
as
in
the
marketing
and
promotion
of
the
Project
shall
be
deemed
part
of
operating
expenses
of
the
Joint
Venture.
6.1
Collection
and
Management
of
Revenues.
The
Committee
shall
appoint
a
person
or
persons
who
will
oversee
the
collection,
receipt,
disbursement
and
management
of
the
revenues
received
from
the
Project.
An
established
banking
institution
shall
be
nominated
and
approved
by
both
parties
with
which
the
collection
shall
be
deposited
and
maintained.
6.2
Termination
of
Joint
Venture.
Two
(2)
years
after
the
completion
of
the
Project,
the
sale
of
all
saleable
lots,
the
turn‐over
of
the
road
lots,
alleys
and
other
common
areas
to
the
Municipal
Government
of
Gen.
Trias,
Cavite,
and
the
final
accounting
of
the
total
collection
and
expenses,
the
Joint
Venture
shall
be
deemed
terminated.
In
the
event
that
the
Parties
wish
to
conclude
this
Agreement
prior
to
the
full
development
of
the
Property
and/or
sale
of
all
saleable
farm
lots,
the
Joint
Venture
shall
be
liquidated
and
the
remaining
unsold
lots
will
be
distributed
in
the
proportion
agreed
upon
herein.
6.3
Non‐compliance
of
Conditions
Precedent.
If
any
of
the
conditions
precedent
mentioned‐above
have
not
been
satisfied
as
soon
as
possible
from
the
signing
of
this
Agreement
and
in
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
8
any
event,
within
six
(6)
months
after
the
date
hereof
or
such
later
period
as
mutually
agreed
upon
by
the
parties,
this
Agreement
shall
have
no
effect
whatsoever.
Accordingly,
DEVELOPER
may
choose
to
be
reimbursed
by
LANDOWNERS
of
all
expenses
and
advances
already
incurred
by
reason
of
this
Agreement
either
in
cash,
with
interest
therefrom
at
twenty
one
percent
[21%]
per
annum,
or
in
kind,
with
a
portion
of
the
Property
chosen
specifically
by
DEVELOPER
valued
at
Php250.00
per
square
meter.
However,
should
DEVELOER
still
opt
to
continue
with
the
Project,
despite
the
delay
or
the
non‐
performance
of
any
of
the
conditions
precedent
herein
set
forth,
LANDOWNERS
shall,
after
DEVELOPER
signifies
its
intention
to
continue,
in
no
time
comply
with
the
above
conditions.
Should
LANDOWNERS
still
fail
to
perform
said
conditions,
DEVELOPER
shall
have
the
right
to
render
this
Agreement
ineffective.
The
immediately
preceding
provision
is
without
prejudice
to
the
right
of
DEVELOPER
to
perform
the
necessary
conditions
herein
set
forth,
however,
all
charges
and
expenses
incurred
as
a
consequence
thereof
shall
be
chargeable
in
full
to
LANDOWNERS.
VII.
MISCELLANEOUS
PROVISIONS
7.0
Termination
of
the
Agreement.
This
Agreement
shall
continue
until
terminated
(i)
by
written
agreement
of
the
parties;
or
(ii)
by
the
sale
of
all
assets
and
distribution
of
all
profits
of
the
Joint
Venture
as
stated
in
clauses
6.2
and
6.3
hereof.
The
foregoing
shall
be
without
prejudice
to
the
right
of
the
parties
at
any
time
to
agree
on
other
mutually
satisfactory
arrangements
to
equitably
liquidate
any
remaining
undivided
interests
in
the
assets
of
the
Joint
Venture.
7.1
Mutual
Cooperation.
The
Parties
shall
perform
all
acts
and
execute
and
deliver
all
documents
or
instruments
required
or
necessary
to
fully
implement
or
consummate
the
transactions
contemplated
by
and
the
intent
underlying
this
Agreement.
7.2
Material
Adverse
Change.
In
the
event
that,
at
any
time
prior
to
the
complete
performance
by
DEVELOPER
of
its
obligations
under
this
Agreement,
there
shall
occur
an
extraordinary
change
in
circumstances,
including
but
not
limited
to,
changes
brought
about
by
catastrophes
and
calamities
or
material
changes
in
the
political
and
economic
conditions
of
the
country,
adversely
affecting
the
construction
and
real
estate
development
business
in
the
country
and
the
ability
of
DEVELOPER
to
perform
its
obligations
under
this
Agreement,
and
which
change
is
of
such
nature
or
magnitude
as
to
manifestly
beyond
the
contemplation
of
the
parties
when
they
entered
into
this
Agreement,
then
and
in
such
event,
the
period
fixed
for
DEVELOPER’s
performance
of
its
obligations
hereunder
shall
be
deemed
extended
for
such
period
and
under
such
terms
as
may
be
equitably
agreed
upon
between
the
parties.
The
foregoing
shall
be
without
prejudice
to
the
right
of
the
parties
to
negotiate
in
good
faith
for
other
mutually
acceptable
alternative
arrangements
with
respect
to
the
subject
of
this
Agreement.
7.3
Amendment,
Modifications,
or
Revision.
Neither
party
shall
amend,
modify,
change
or
in
any
way
alter
any
provisions
of
this
Agreement
absent
any
agreement
in
writing
to
this
effect.
7.4
Entire
Understanding.
This
Agreement,
and
the
documents
referred
to
herein
or
executed
concurrently
herewith,
constitute
the
entire
understanding
between
the
parties
and
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
9
supersede
any
prior
understanding
or
agreement
with
regard
to
the
subject
matter
hereof.
There
are
no
representations,
agreements,
arrangements
or
understandings,
oral
or
written,
between
the
parties
hereto
relating
to
the
subject
matter
hereof
which
are
not
fully
expressed
herein.
7.5
Expenses.
All
expenses
incurred
by
or
on
behalf
of
each
party,
including
all
fees
and
expenses
of
agents,
representatives,
counsels,
and
accountants
employed
by
them,
in
connection
with
the
negotiation,
preparation
and
execution
of
this
Agreement
shall
be
borne
solely
by
the
party
who
shall
have
incurred
the
same,
and
the
other
party
shall
not
have
any
liability
in
respect
thereof.
7.6
Assignment.
This
Agreement
shall
not
be
assignable
by
either
party
hereto
without
the
prior
written
consent
of
the
other
party,
except
that
DEVELOPER
may,
upon
written
notice
to
LANDOWNERS,
assign
its
rights
herein
to
any
corporation
or
entity
in
which
DEVELOPER
beneficially
owns
at
least
51%
of
the
voting
stock.
Subject
to
the
foregoing
restriction,
all
the
terms
and
provisions
of
this
Agreement
shall
be
binding
upon
and
inure
to
the
benefit
of
and
be
enforceable
by
the
respective
successors
and
assigns
of
LANDOWNERS
and
DEVELOPER.
7.7
No
Assumption
of
Liability.
The
DEVELOPER
shall
not
be
held
answerable
for
any
obligations
or
liabilities
of
the
LANDOWNERS
involving
the
Property
and
any
obligations
solely
for
the
account
or
due
to
the
acts
of
the
LANDOWNERS
relative
to
this
Agreement.
7.8
Settlement
of
Disputes.
All
disputes,
controversies
or
differences
arising
out
of
or
in
connection
with
this
Agreement,
including,
without
limitation,
questions
of
interpretation
of
any
of
the
provisions
of
this
Agreement,
shall
be
amicably
settled
by
mutual
consultation
within
thirty
[30]
days
after
written
notice
thereof
has
been
given
by
the
complaining
party.
7.9
Venue
of
Action
and
Attorney’s
Fees.
The
venue
of
any
action/s,
arising
out
of
or
in
connection
with
this
Agreement
after
consultation
for
amicably
setting
the
dispute,
controversy
or
difference
of
the
parties,
shall
only
be
at
the
principal
place
of
business
of
DEVELOPER.
The
prevailing
party
shall
be
entitled
to
reimbursement
from
the
losing
party
of
all
costs,
expenses,
fees
and
other
charges
incurred,
including
payment
of
attorney’s
fees,
in
the
prosecution
or
defense
of
such
action,
which
shall
not
be
less
than
Fifty
Thousand
Pesos
(P50,000.00).
IN
WITNESS
WHEREOF,
the
Parties
hereto
have
caused
these
presents
to
be
signed
and
executed
at
the
date
and
place
above‐stated.
First
Landowner:
RURAL
FARMING,
INC.
By:
LAURO
CELESTINO
President
Second
Landowner:
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
0
EVA
CELESTINO
For
herself
and
as
Attorney‐In‐Fact
of
REGINA
SOPHIA,
MARIA
RAFAELA,
AURORA
LUZ
and
RUFINO,
all
surnamed
CELESTINO
Developer:
MANCON
BERHAD‐CBDC
JOINT
VENTURE
CORPORATION
By:
MARIO
A.
ORETA
President
and
Chief
Executive
Officer
Signed
in
the
Presence:
BERTA
BEN
ARNOLD
MC
STEAMY
(ACKNOWLEDGMENT)
SAMPLE:
Simple
Loan
Agreement
LOAN
AGREEMENT
THIS
LOAN
AGREEMENT,
made
this
3rd
day
of
March,
2009,
by
and
between
SANTO
Realty
Inc.,
a
corporation
duly
organized
under
the
laws
of
the
Philippines,
with
principal
office
at
123
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines,
represented
by
its
President,
Ernesto
Pogito,
hereinafter
referred
to
as
BORROWER,
and
Miguel
Ares,
of
legal
age,
Filipino,
and
with
residence
and
postal
address
at
38
Maple
Drive,
Rockwell
Village,
Makati,
hereinafter
referred
to
as
the
LENDER.
WHEREAS,
Borrower
is
the
owner
of
certain
real
property
located
in
Antipolo,
Rizal,
on
which
it
is
constructing
an
office
building,
hereinafter
referred
to
as
the
BUILDING;
WHEREAS,
Borrower
is
the
owner
of
a
parcel
of
land
evidenced
by
Transfer
Certificate
of
Title
123456789
where
the
Building
will
be
constructed;
WHEREAS,
Lender
is
a
director
of
the
said
corporation;
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
1
WHEREAS,
Borrower
wishes
to
borrow
certain
monies
from
Lender,
and
Lender
wishes
to
lend
certain
monies
to
Borrower,
in
order
for
Borrower
to
meet
certain
financial
obligations
with
respect
to
Borrower's
construction
of
the
Building
NOW,
THEREFORE,
in
consideration
of
the
mutual
convenants
and
promises
herein,
all
of
which
are
deemed
sufficient,
it
is
hereby
agreed
to
as
follows:
1.
Immediately
upon
the
full
execution
hereof,
Lender
shall
lend
to
Borrower
the
amount
of
Two
Million
Pesos
(P
2,000,000.00)
hereinafter
referred
to
as
the
LOAN.
The
Loan
shall
be
funded
immediately
upon
the
full
execution
hereof,
by
wire
transfer,
certified
check,
or
cash,
as
determined
in
the
sole
discretion
of
the
Borrower.
2.
The
interest
rate
on
the
outstanding
and
unpaid
principal
amount
of
the
Loan
shall
be
twelve
percent
(12%)
simple
interest,
as
calculated
on
an
annual
basis
assuming
a
365‐day
year.
3.
The
term
of
the
Loan
shall
be
twelve
(12)
months
in
length,
beginning
on
March
3,
2009
and
concluding
on
March
3,
2010
hereinafter
referred
to
as
the
TERM.
4.
The
Borrower
shall
make
payments
of
principal
and
interest
to
the
address
of
the
Lender
set
forth
hereinabove.
The
entire
outstanding
and
unpaid
principal
amount
of
the
Loan,
together
with
any
interest
and
penalties
thereon,
shall
be
due
and
payable
at
the
end
of
the
Term.
5.
Borrower
may
prepay
the
Loan
without
premium
or
penalty
at
any
time
during
the
Term
upon
no
less
than
five
(5)
days
prior
notice
by
Borrower
to
Lender.
6.
All
other
points
not
specifically
agreed
herein
shall,
unless
in
conflict
therewith,
be
governed
by
the
provisions
of
the
New
Civil
Code.
IN
WITNESS
WHEREOF,
the
parties
have
hereunto
affixed
their
signatures
this
3rd
day
of
March,
2009,
at
Makati
City,
Philippines.
Ernesto
Pogito
Miguel
Ares
Borrower
on
behalf
of
SANTO
Realty,
Inc.
Lender
SIGNED
IN
THE
PRESENCE
OF:
Jonathan
Nepomuceno
John
Paulo
Salvahan
(ACKNOWLEDGMENT)
SAMPLE:
Management
Contract
(Property)
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
2
PROPERTY
MANAGEMENT
CONTRACT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
Agreement
is
entered
by
and
between
SANTO
REALTY
MANAGEMENT,
INC.
hereinafter
called
"AGENT,"
and
SANTO
PROPERTIES,
INC.,
hereinafter
called
"OWNER."
WITNESSETH:
That,
in
order
to
induce
the
AGENT
to
enter
into
this
agreement,
OWNER
hereby
represents
to
AGENT
that
it
is
the
OWNER
of
the
following
described
property:
Address
of
property:
SANTO
One
Prime
Flats,
123
Shaw
Blvd.,
Mandaluyong
City,
Philippines
In
consideration
of
this
representation
and
the
fees
to
be
paid,
AGENT
agrees
to
act
as
management
AGENT
with
respect
to
this
property,
to
use
due
diligence
in
the
management
of
said
premises
upon
the
terms
herein
provided,
and
agrees
to
furnish
the
services
of
his
organization
for
the
renting,
leasing,
operating
and
managing
of
said
premises
subject
to
and
in
accordance
with
the
terms
and
provisions
set
forth
below.
I.
AGENT'S
COMPENSATION:
A.
A
monthly
management
fee
shall
be
charged,
f
or
this
condominium
property
managed
by
SANTO
REALTY
MANAGEMENT
INC.,
ten
percent
(10%)
of
the
agreed
collected
monthly
rent,
but
not
less
than
P5,000.00,
payable
on
the
first
day
of
each
month.
B.
OWNER
shall
deposit
with
AGENT
a
funding
deposit
of
P50,000.00
which
shall
be
deposited
to
OWNER's
account
to
pay
bills
incurred
on
the
property
prior
to
commencement
of
the
rental
income
stream.
C.
Any
interest
earned
on
any
tenant's
security
deposit
shall
be
retained
by
AGENT
as
an
additional
fee.
D.
Any
late
charge,
judicial
fine,
penalty,
or
multiple
damage;
or
interest
collected
from
the
tenant
shall
be
retained
by
AGENT
as
an
additional
fee.
E.
To
grant
the
AGENT
the
exclusive
right
to
sell,
should
said
property
be
placed
on
the
market
or
sold
during
the
period
of
this
Agreement,
or
within
6
months
after
its
termination,
the
AGENT
shall
be
considered
the
procuring
AGENT
and
entitled
to
6%
of
the
gross
sales
price
as
commission.
II.
DISBURSEMENTS:
AGENT
shall
pay
OUT
OF
OWNER'S
FUNDS
AVAILABLE
the
following
as
they
shall
accrue
and
in
the
order
here
set
out:
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
3
A.
AGENT's
compensation,
as
set
forth
in
Paragraph
I.
B.
Such
advertising
and
utility
bills
(including
gas,
electric,
and
water),
necessary
repairs
and/or
charges
to
maintain
the
property,
and
cleaning
charges
as
shall
accrue
or
be
necessary
to
preserve
the
property
during
periods
of
vacancy
or
occupancy,
or
to
put
the
property
in
a
rentable
condition
after
vacated;
or
expenses
to
regain
possession
and/or
to
attempt
to
collect
delinquent
rent
subject
to
the
provisions
set
forth
below;
or
necessary
professional
fees;
or
governmental
assessments.
C.
Proceeds
to
OWNER.
Tenancy
revenues,
refunds,
adjustments,
or
other
funds
due
OWNER.
D.
IT
IS
EXPRESSLY
AGREED
THAT
NOTHING
HEREIN
CONTAINED
SHALL
BE
CONSTRUED
AS
REQUIRING
AGENT
TO
ADVANCE
ANY
OF
ITS
OWN
MONIES
FOR
ANY
PURPOSE
WHATSOEVER.
IV.
GENERAL
PROVISIONS:
A.
GRANT
OF
POWER.
Subject
to
the
limitations
set
out
herein,
OWNER
grants
AGENT
full
power
and
authority
to
lease,
let,
rent
and
demise
the
real
property
described,
or
any
part
thereof,
in
its
own
name
as
AGENT
for
OWNER.
In
order
to
effectuate
the
same,
AGENT
may
enter
into
such
written
contracts
and/or
leases
as
AGENT
deems
necessary,
in
its
own
name
as
AGENT
for
OWNER.
AGENT
may
collect
and
receive
all
rents
arising
as
a
result
of
AGENT's
management
of
the
premises.
AGENT
may
use
such
means
as
are
ordinary
and
customary
in
collecting
or
attempting
to
collect
any
delinquent
accounts.
AGENT
may,
at
his
discretion
evict
any
tenant
who
violates
any
term
of
the
lease.
OWNER
hereby
assigns
to
AGENT
any
and
all
delinquent
rents
which
may
accrue
from
any
tenant
for
the
purpose
of
crediting
such
rents
to
OWNER's
operating
account
for
required
disbursement.
B.
COLLECTION
OF
RENT.
AGENT
shall
use
such
means
as
are
ordinary
and
customary
to
collect
or
attempt
to
collect
any
rent
from
any
tenant
of
the
premises.
In
the
event
that
legal
action
is
necessary
to
obtain
judgment
for
possession
of
the
premises,
delinquent
rent,
or
damages
upon
other
causes
of
action,
AGENT
is
authorized
to
employ
attorneys,
to
sue
in
its
own
name
as
AGENT
for
OWNER,
and
to
expend
the
sum
of
P20,000.00
from
OWNER's
account
for
such
purposes
without
OWNER's
prior
permission.
Additionally,
AGENT
will,
when
requested
by
OWNER,
instigate
action,
legal
or
otherwise,
for
the
collection
of
rents
which
is
beyond
the
discretion
heretofore
allowed
to
AGENT,
provided
such
action
is
considered
reasonable
by
the
AGENT.
AGENT
SHALL
NOT
BE
HELD
MONETARILY
RESPONSIBLE
FOR
ITS
INABILITY
TO
COLLECT
RENTS.
AGENT
SHALL
NOT
BE
HELD
RESPONSIBLE
FOR
ANY
EXPENSES
INCURRED
FOR
LEGAL
ACTION
INVOLVED
IN
THE
COLLECTION
OF
RENTS
AND/OR
THE
EVICTION
OF
ANY
TENANT
AND/OR
DAMAGES
INCURRED
TO
THE
PROPERTY.
All
such
expenses
shall
be
paid
by
OWNER,
reimbursable
in
the
event
AGENT
is
able
to
collect
the
rents,
legal
fees,
or
damages
from
the
tenant.
C.
MAINTENANCE.
AGENT
shall
have
full
authority
to
perform
or
to
cause
to
be
performed
such
maintenance
of
the
property
as
is
reasonable
and
necessary
for
the
safety
of
the
tenants
and
the
preservation
of
the
property.
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
4
AGENT
may,
at
his
sole
discretion,
install
fire/smoke
detectors,
carbon
monoxide
detectors,
and/or
fire
extinguishers
on
the
property
at
OWNER's
expense.
In
the
event
maintenance,
repairs,
or
construction
are
required
to
be
performed
on
the
property
in
excess
of
P50,000.00,
AGENT
shall
be
entitled
to
a
fee
of
ten
percent
(10%)
of
the
total
for
said
expenditures
for
the
supervision
of
same
per
incident.
D.
DISCRETIONARY
AUTHORITY.
OWNER
expressly
grants
AGENT
full
power
and
authority
to
contract
and
pay
for
all
repairs
and
cleaning
costs,
not
exceeding
the
amount
of
P10,000.00,
which
in
its
discretion
it
deems
necessary
or
advisable
to
maintain;
or
put
the
premises
in
a
rentable
condition;
or
to
repair
the
same
in
the
event
of
damage
or
destruction
to
the
premises
due
to
fire,
windstorm,
hail,
flood,
riot,
civil
commotion,
tenant
abuse,
or
other
causes
resulting
in
damage
to
the
premises,
all
out
of
the
OWNER's
funds
on
hand.
Should
the
estimate
or
contemplated
cost
exceed
the
funds
on
hand,
the
OWNER
shall
promptly
remit,
upon
AGENT's
request,
the
necessary
balance.
In
an
emergency,
as
determined
in
AGENT's
discretion,
the
OWNER
authorizes
AGENT's
expenditure
in
excess
of
funds
on
hand
(above
the
P10,000.00
limit)
without
prior
authorization.
OWNER
shall
thereafter
promptly
remit,
upon
AGENT's
request,
the
necessary
balance.
Failure
of
OWNER
to
remit
balances
described
in
this
subparagraph
shall
result
in
AGENT's
reimbursement
therefor
from
subsequent
revenues
ordinarily
accruing
and
payable
to
the
OWNER.
E.
INSURANCE
COVERAGE.
OWNER
is
obligated,
at
OWNER's
expense,
to
keep
the
necessary
Fire
and
Extended
Coverage
and
Liability
Insurance
current
and
renewed.
F.
LIABILITY
OF
AGENT.
It
is
agreed
that
AGENT
shall
use
reasonable
and
ordinary
care
in
the
selection
of
tenants
and
all
other
acts
assigned
for
performance
by
this
Agreement.
When
any
act
is
required
of
the
AGENT,
it
shall
be
done
in
the
ordinary
course
of
the
AGENT's
business.
G.
ACCOUNTING
FOR
FUNDS.
The
AGENT
shall
furnish
OWNER
a
monthly
accounting
statement
showing
the
receipts
and
expenditures
with
respect
to
the
premises,
plus
OWNER's
monthly
proceeds.
The
AGENT
shall
furnish
a
final
accounting
upon
the
termination
of
this
agreement
within
thirty
(30)
days
from
the
date
of
a
written
request
of
management
termination.
H.
SECURITY
AND
DAMAGE
DEPOSITS.
All
security
and
damage
deposits
shall
be
returned
to
the
tenant
by
the
AGENT
when
the
tenant
vacates
the
premises,
subject
to
AGENT's
determination,
consistent
with
Philippine
law,
whether
the
tenant
has
damaged
the
property
in
excess
of
ordinary
wear
and
tear,
with
the
exception
of
accrued
interest.
The
AGENT
shall
properly
account
for
sums
retained
for
the
purpose
of
off‐setting
OWNER's
expenses
for
unpaid
rent,
utilities,
cleaning
charges
or
repairs.
In
the
event
litigation
shall
occur
concerning
security
deposits,
the
AGENT
shall
defend
the
same
in
its
own
name
as
AGENT
for
the
OWNER
and
at
the
OWNER's
expense.
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
5
Should
AGENT
and
OWNER
disagree
on
the
amount
of
security
deposit
that
the
AGENT
intends
to
refund
the
tenant,
the
AGENT
may
forward
the
full
amount,
less
interest,
to
the
OWNER
within
five
(5)
days
notice
of
dispute.
As
of
mailing,
the
AGENT
shall
have
no
further
obligation
or
liability
whatsoever
concerning
the
security
deposit
to
any
person
or
entity
and
the
OWNER
shall
hold
AGENT
harmless
there
from.
Should
this
Agreement
terminate
while
an
existing
tenant's
security
deposit
is
in
the
AGENT's
possession,
the
AGENT
shall
forward
that
amount
in
full,
less
interest,
to
the
OWNER
within
ten
(10)
working
days.
As
of
mailing,
AGENT
shall
have
no
further
obligation
or
liability
whatsoever
concerning
the
security
deposit
to
any
person
or
entity;
the
OWNER
shall
hold
AGENT
harmless
therefrom.
I.
TERMINATION.
This
agreement
may
be
terminated
by
either
party
upon
sixty
(60)
day's
written
notice.
If
so
terminated,
the
OWNER
shall
retake
possession
of
the
premises,
subject
to
the
rights
of
any
tenant
rightfully
in
possession.
OWNER's
proceeds
shall
be
distributed
by
the
AGENT
thirty
(30)
days
after
termination,
unless
outstanding
AGENT
or
third‐party
obligations
remain,
in
which
case
distribution
shall
be
accomplished
immediately
after
such
last
obligation
is
satisfied.
J.
PARTIAL
WAIVER
OR
ACQUIESCENCE
NO
BAR.
AGENT's
waiver,
forbearance,
or
acquiescence
of
any
of
its
rights
or
remedies,
in
whole
or
in
part,
shall
not
serve
to
waive,
bar,
or
compromise
any
contemporaneous
or
subsequent
right
or
remedy.
K.
WHOLE
AGREEMENT.
This
writing
embodies
the
entire
agreement
between
the
parties
and
is
not
based
upon
any
other
representation
whatsoever,
expressed
or
implied,
except
as
herein
contained.
The
Agreement
cannot
be
modified
except
in
writing
and
agreed
to
by
the
parties.
L.
EFFECTIVE
DATE.
Management
by
AGENT
shall
be
effective
on
5
January
2009
and
shall
be
effective
for
a
period
of
one
year
or
ending
on
5
January
2010.This
agreement
shall
automatically
be
renewed
for
additional
one
year
periods
from
the
end
date
stated
as
its
ending
date
unless
written
notice
of
its
non‐renewal
is
given.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
hereunto
set
their
hands
this
4th
day
of
January
2009
at
the
City
of
Makati,
Philippines.
MA.
ANGELA
AGUINALDO
JONATHAN
FRANCIS
NEPOMUCENO
President
President
SANTO
REALTY
MANAGEMENT
INC.
SANTO
PROPERTIES
INC.
WITNESSES:
DINGDONG DANTES PAPA PIOLO PASCUAL
(ACKNOWLEGMENT)
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
6
SAMPLE:
Pledge
Agreement
PLEDGE
AGREEMENT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
THIS
PLEDGE
AGREEMENT
is
dated
March
29,
2002
(this
Agreement).
BETWEEN:
(1) Guadalupe
Nuevo,
Filipino,
of
legal
age,
widow
and
residing
at
1
Maalindog
Street,
Maasin,
Southern
Leyte,
(the
“Pledgor”)
(2) Meandred
Zobel
de
Ayala,
Filipino,
of
legal
age,
single
and
residing
at
1
Arlegui
Street,
San
Miguel,
Manila,
(the
“Pledgee”)
WHEREAS:
The
Pledgor
owes
the
Pledgee
by
way
of
promissory
note
the
amount
of
One
Hundred
Thousand
Pesos
(P100,000.00)
with
12%
compounded
interest
per
annum
payable
on
December
31,
2002,
and
has
offered
and
agreed
to
secure
the
repayment
of
said
loan,
the
interests
accruing
thereon,
the
costs
of
collecting
the
same,
the
costs
and
charges
of
keeping
the
pledged
property
and
all
other
expenditures
which
may
be
incurred
in
connection
herewith,
by
means
of
a
good
and
valid
first
pledge
of
jewelries.
NOW,
THEREFORE,
in
consideration
of
the
foregoing,
and
for
other
good
and
valuable
consideration
the
receipt
and
sufficiency
of
which
is
hereby
acknowledged,
the
parties
hereby
agree
as
follows:
1. Pledgor
hereby
pledges,
assigns,
transfers,
delivers,
sets
over
and
grants
to
the
Pledgee
as
security
for
the
timely
payment
and
discharge
of
the
loan,
a
continuing
security
interest
of
first
priority
in
all
of
such
pledgor’s
right,
title
and
interest
in
and
to
the
Pledged
jewelries,
which
pledgor
owns
for
the
purpose
of
perfecting
the
security
over
the
Pledged
jewelries
in
accordance
with
all
legal
requirements,
the
Pledgor,
having
the
free
disposal
thereof,
shall
deliver
to
the
Pledgee:
1
set
of
Diamond
jewelries
laden
in
gold
worth
One
Hundred
Thousand
Pesos
(Pledged
jewelry)
2. The
rights
of
the
Pledgee
are
as
follows:
a. She
has
the
right
to
reimbursement
of
the
expenses
for
its
preservation.
b. She
has
the
right
to
bring
actions
which
pertain
to
the
owner
of
the
thing
pledged
in
order
to
recover
it
from,
or
defend
it
against
third
persons.
c. She
has
the
right
to
possess
and
use
the
Pledged
jewelries.
d. She
has
the
right
to
bid
at
the
public
auction
and
if
she
is
the
only
bidder,
she
will
be
given
the
right
to
appropriate
the
thing
for
failure
to
sell
on
two
public
auction
sales.
3. The
obligations
of
the
Pledgee
are
as
follows:
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
7
a. She
must
take
care
of
the
Pledged
jewelries
with
the
diligence
of
a
good
father
of
a
family
otherwise
she
will
be
liable
for
its
loss
or
deterioration.
b. She
must
not
deposit
the
Pledged
jewelries
to
a
third
person
without
the
consent
of
the
pledgor.
c. She
must
inform
the
pledgor
on
the
effect
of
the
auction
sale
whether
the
proceeds
were
enough
to
cover
the
principal
obligation.
d. She
has
the
duty
to
return
the
excess
of
the
proceeds
from
the
auction
sale
to
the
pledgor.
4. The
rights
of
the
Pledgor
are
as
follows:
a. The
ownership
of
the
Pledged
jewelries
remains
with
the
pledgor.
b. She
has
the
right
of
choice
as
to
which
of
the
Pledged
jewelries
must
be
sold
in
a
public
auction.
c. She
has
the
right
to
bid
at
the
public
auction
and
will
be
given
preference
of
buying
the
Pledged
jewelries
if
she
is
one
of
the
several
highest
bidders
offering
the
same
terms.
5. It
is
the
obligation
of
the
Pledgor,
who
knowing
the
flaws
on
the
Pledged
jewelries,
to
advise
the
Pledgee
of
the
same
and
she
will
be
liable
to
the
latter
for
damages
which
she
may
suffer
by
reason
thereof.
6. The
Pledged
jewelries
can
be
alienated
by
the
Pledgor
with
the
consent
of
the
Pledgee
subject
to
the
terms
of
this
pledge.
Such
ownership
of
the
Pledged
jewelries
will
only
be
transmitted
to
the
vendee
as
soon
as
the
Pledgee
consents
to
such
alienation
but
the
latter
shall
continue
in
possession.
7. When
the
Pledgor
is
unable
to
comply
with
his
obligation
when
it
becomes
due
and
demandable,
the
Pledgee
has
the
right
of
retention
and
the
right
to
sell
the
Pledged
jewelries
in
a
public
auction
complying
with
Article
2112
of
the
New
Civil
Code.
8. This
agreement
constituted
will
be
extinguished
upon
the
fulfillment
of
the
principal
obligation
and
the
Pledged
jewelries
must
be
returned
to
the
Pledgor
in
such
event.
IN
WITNESS
WHEREOF,
the
Pledgee
and
the
Pledgor
have
caused
this
Agreement
to
be
executed
and
delivered
as
a
deed
as
of
the
day
and
year
first
above
written.
Guadalupe
Nuevo
Meandred
Zobel
de
Ayala
Pledgor
Pledgee
Signed
in
the
presence
of:
Azenith
O.
Viojan
Mildred
Joy
P.
Que
(ACKNOWLEDGMENT)
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
8
SAMPLE:
Stock
Pledge
Agreement
STOCK
PLEDGE
AGREEMENT
THIS
STOCK
PLEDGE
AGREEMENT
(the
"STOCK
PLEDGE
AGREEMENT")
is
entered
into
as
of
25
February
2009,
by
and
between
SANTO
REALTY
INC.,
a
Philippine
corporation,
as
pledge
holder
("PLEDGE
HOLDER")
for
SANTO
ENTERPRISES,
INC.,
a
Philippine
corporation
("PLEDGEE"),
and
LEWIS
HAMILTON
("PLEDGOR").
RECITALS
WHEREAS,
Pledgor
has
deposited
with
the
Pledge
Holder
and
has
pledged
to
the
Pledgee
as
collateral
security
for
the
payment
and
full,
faithful,
true,
and
exact
performance
and
observance
of
all
of
the
covenants
and
conditions
of
a
certain
Promissory
Note
dated
20
February
2009
in
the
original
principal
amount
of
P1,000,000.00
(the
"NOTE"),
1,000
shares
of
Class
A
Common
Stock
of
Pledgee,
represented
by
Stock
Certificate
Number
A5.
AGREEMENT
NOW,
THEREFORE,
in
consideration
of
the
premises
set
forth
above
and
other
good
and
valuable
consideration,
the
receipt
of
which
is
hereby
acknowledged,
the
parties
hereto
agree
to
execute
this
Stock
Pledge
Agreement
as
follows:
1.
Pledgor
agrees
that
it
is
the
intent
of
Pledgor
and
Pledgee
that
the
fair
market
value
of
the
Collateral
equal
not
less
than
total
principal
and
accrued
interest
owed
pursuant
to
the
Note
(the
"TOTAL
OBLIGATIONS")
throughout
the
term
of
the
Note.
If,
at
anytime
during
the
term
of
the
Note,
the
fair
market
value
of
the
Collateral
drops
below
the
Total
Obligations,
then
Pledgor
shall
immediately
grant
to
Pledgee
a
security
interest
in
other
assets
of
Pledgor
acceptable
to
Pledgee
and
sufficient
in
value
to
bring
the
total
fair
market
value
of
all
the
Collateral
up
to
the
Total
Obligations.
2.
Pledgor,
upon
any
default
of
the
Pledgor
in
the
prompt
payment
or
due
performance
of
any
of
the
obligations
mentioned
in
said
Note,
hereby
authorizes
and
empowers
Pledge
Holder
on
behalf
of
Pledgee,
at
its
option
and
without
notice
to
Pledgor,
except
as
specifically
herein
provided,
to
collect,
sell,
assign,
and
deliver,
the
whole
or
any
part
of
the
Collateral,
or
any
substitute
therefor
or
addition
thereto,
at
public
or
private
sale,
for
cash,
upon
credit,
or
for
future
delivery,
without
the
necessity
of
the
Collateral
being
present
at
any
such
sale,
or
in
view
of
prospective
purchasers
thereof,
and
without
any
presentment,
demand
for
performance,
protest,
notice
of
protest,
or
notice
of
dishonor,
or
advertisement,
any
such
demand
or
advertisement
being
expressly
waived.
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
9
3.
In
case
of
any
such
sale
or
disposal,
the
proceeds
thereof
shall
first
be
applied
to
the
payment
of
the
expenses
of
such
sale,
commissions,
attorneys'
fees,
and
all
charges
paid
or
incurred
by
Pledge
Holder
and
Pledgee
pertaining
to
said
sale,
including
any
taxes
or
other
charges
imposed
by
law
upon
the
Collateral
and/or
the
owning,
holding,
or
transferring
thereof;
secondly,
to
pay,
satisfy,
and
discharge
the
duties
and
obligations
of
Pledgor
as
set
forth
in
said
Note,
and
thirdly,
to
pay
the
surplus,
if
any,
to
Pledgor.
4.
In
case
of
any
such
sale
by
Pledgee
or
all
or
any
of
said
Collateral
on
credit,
or
for
future
delivery,
such
property
so
sold
may
be
retained
by
Pledgee
or
the
Pledge
Holder
until
the
selling
price
is
paid
by
the
purchaser.
The
Pledge
Holder
and/or
Pledgee
shall
incur
no
liability
in
case
of
the
failure
of
the
purchaser
to
take
up
and
pay
for
the
property
so
sold.
In
case
of
any
such
failure,
the
said
Collateral
may
be
again,
from
time
to
time,
sold.
5.
Notwithstanding
any
other
provision
of
this
Stock
Pledge
Agreement,
Pledgor
shall
have
the
right
to
vote
the
Collateral
during
the
term
of
this
Stock
Pledge
Agreement
unless
Pledgor
defaults
on
the‐prompt
performance
of
its
obligations
under
the
terms
of
the
Note,
in
which
case
the
right
to
vote
the
Collateral
shall
vest
in
the
Pledgee.
6.
Any
stock
rights,
and
rights
to
subscribe,
dividends
paid
in
stock,
new
securities,
or
other
property,
which
Pledgor
may
hereafter
become
entitled
to
receive
on
account
of
the
Collateral,
shall
be
and
become
a
part
of
the
Collateral,
and
in
the
event
that
Pledgor
shall
receive
any
such
property,
it
will
immediately
deliver
it
to
the
Pledge
Holder
to
be
held
by
it
in
the‐same
manner
as
the
Collateral
originally
pledged
hereunder.
7.
The
Pledgor
hereby
irrevocably
appoints
Pledge
Holder
as
its
true
and
lawful
attorney
for
purposes
of
this
Stock
Pledge
Agreement,
only
until
such
time
as
this
Stock
Pledge
Agreement
shall
be
cancelled
by
payment
of
the
Note
or
as
herein
provided,
in
order
to
transfer
the
shares
of
stock
deposited
herewith
as
the
Collateral
and
has
executed
an
Assignment
Separate
From
Certificate
in
order
to
effect
the
same,
and
to
take
any
and
all
actions
authorized
and
provided
for
herein.
8.
In
case
of
any
adverse
claims
in
respect
to
the
Collateral
or
any
portions
thereof,
arising
out
of
any
act
done
or
suffered
by
Pledgor,
the
Pledgor
promises
and
agrees
to
hold
harmless
and
to
indemnify
Pledgee
from
and
against
any
losses,
liabilities,
damages,
expenses,
costs,
and
reasonable
attorneys'
fees
incurred
in
or
about
defending,
protecting,
or
prosecuting
the
security
interests
hereby
created.
9.
Pledgor
agrees
to
pay,
prior
to
delinquency,
all
taxes,
liens,
and
assessments
against
the
Collateral,
and
upon
its
failure
to
do
so,
Pledgee,
at
its
option,
may
pay
any
of
them,
and
shall
be
the
sole
judge
of
the
legality
or
validity
thereof
and
the
amount
necessary
to
discharge
same.
10.
Any
forbearance
or
failure
or
delay
by
Pledgee
in
exercising
any
right,
power,
or
remedy
hereunder
shall
not
be
deemed
to
be
a
waiver
of
such
right,
power,
or
remedy,
and
any
single
or
partial
exercise
of
any
right,
power,
or
remedy
of
Pledgee
shall
continue
in
full
force
and
effect
until
such
right,
power,
or
remedy
is
specifically
waived
by
an
instrument
in
writing
executed
by
Pledgee.
11.
The
Pledgee
has
the
right
to
declare
the
Note
delivered
to
Pledgee
by
Pledgor
which
this
pledge
secures
immediately
due
and
payable
upon
any
sale,
transfer,
conveyance,
or
alienation
of
any
of
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
0
the
Collateral
by
Pledgor
during
its
lifetime,
or,
upon
the
death
of
Pledgor,
by
the
estate
or
legal
representative
of
Pledgor.
Upon
payment
of
the
unpaid
balance
and
all
interest
accrued
thereon
of
said
Note,
said
Note
shall
be
deemed
fully
performed
and
satisfied
and
this
Stock
Pledge
Agreement
shall
be
cancelled
and
of
no
further
force
and
effect.
12.
When
said
Note
shall
have
been
fully
performed
and
satisfied
and
Pledgee
shall
have
received
from
Pledgor
payment
in
full
of
the
Note,
then,
and
only
then,
when
the
foregoing
shall
have
occurred,
this
Stock
Pledge
Agreement
shall
be
cancelled
and
of
no
further
force
and
effect,
and
Pledge
Holder
shall
thereupon
deliver
to
Pledgor
the
Collateral
free
and
clear
of
the
lien
of
this
pledge.
13.
All
provisions
of
law,
in
equity,
and
by
statute
providing
for,
relating
to,
or
pertaining
to
pledges
and
the
sale
of
pledged
property,
or
which
prescribe,
prohibit,
limit,
or
restrict
the
right
to,
or
conditions,
notice
or
manner
of
sale,
together
with
all
limitations
of
law,
in
equity
or
by
statute
on
the
right
of
attachment
in
the
case
of
secured
obligations,
are
hereby
expressly
waived
by
Pledgor.
14.
Pledgor
and
Pledgee
agree
to
and
do
hereby
indemnify
and
hold
Pledge
Holder
harmless
against
any
and
all
losses
damages,
claims,
and
expenses,
including
reasonable
attorneys'
fees,
that
may
be
incurred
by
it
by
reason
of
its
compliance
with
the
terms
hereof.
15.
This
Stock
Pledge
Agreement,
and
all
of
the
rights
and
duties
in
connection
therewith,
shall
be
governed
by
the
laws
of
the
Philippines.
16.
Any
notice
or
demand
to
be
given
hereunder
shall
be
in
writing
and
shall
be
served
personally
or
by
registered
mail.
If
served
by
registered
mail,
it
shall
be
deemed
given
or
made
three
(3)
days
after
the
deposit
thereof
in
the
Philippine
Postal
mail,
postage
prepaid.
Any
notice
or
demand
shall
be
given
at
the
address
set
forth
in
the
Note.
17.
This
Stock
Pledge
Agreement
and
all
of
its
terms
and
provisions
shall
be
binding
upon
the
heirs,
successors,
transferees
and
assigns
of
each
of
the
parties
hereto.
18.
This
Amended
and
Restated
Stock
Pledge
Agreement
is
effective
as
of
the
date
first
set
forth
above.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
hereunto
set
their
hands
this
25th
day
of
February
2009
at
the
City
of
Makati,
Philippines.
Pledgor:
___________________________
Lewis
Hamilton
Pledgee:
___________________________
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
1
Jonathan
Nepomuceno
President
SANTO
ENTERPRISES
INC.
Pledge
Holder:
___________________________
Ma.
Angela
Aguinaldo
Chief
Financial
Officer
SANTO
REALTY
INC.
Witnesses:
____________________________
____________________________
Ryan
Christopher
Teehankee
Jon
Paulo
V.
Salvahan
(ACKNOWLEGMENT)
SAMPLE:
Deed
of
Sale
(With
Pacto
de
Retro)
DEED
OF
SALE
WITH
PACTO
DE
RETRO
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
DEED
OF
SALE
WITH
PACTO
DE
RETRO
made
and
executed
by
and
between:
GUDALUPE
NUEVO,
Filipino,
of
legal
age,
widow,
with
residence
and
post‐office
address
at
1
Maalindog
Street
Maasin
Southern
Leyte,
hereinafter
called
the
“SELLER”,
‐
and
‐
MEANDRED
ZOBEL
DE
AYALA,
Filipino,
of
legal
age,
single,
with
residence
and
post‐
office
address
at
No.
1
Arlegui
Street,
Quiapo,
Manila,
hereinafter
called
the
“BUYER”.
‐W
I
T
N
E
S
S
E
T
H‐
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
2
That
the
SELLER
is
the
absolute
owner
of
a
certain
parcel
of
land
with
all
the
buildings
and
improvements
thereon,
situated
at
1
Maalindog
Street,
Maasin,
Southern
Leyte,
and
more
particularly
described
as
follows,
to
wit:
“A
parcel
of
land
described
on
plan
Psu‐36331
and
LRC
Rec
No.
16019,
situated
in
the
Municipality
of
Maasin,
Province
of
Southern
Leyte.
Bounded
on
the
NE.,
pts.
3
to
4
by
Road
Lot
3,
on
the
SE.,
pts
4
to
1
by
Lot
19m
on
the
SW.,
pts
1
to
2
by
lot
18,
and
on
the
NW.,
pts
2
to
3
by
Lot
15,
all
of
the
subdivision
plan
xx
xxx
containing
an
are
of
TWO
HUNDRED
SIXTEEN
(216)
SQUARE
METERS,
more
or
less…”
her
title
thereto
being
evidenced
by
Transfer
Certificate
of
Title
No.
123456
issued
by
the
Register
of
Deeds
of
Maasin,
Southern
Leyte;
That
the
SELLER,
for
and
in
consideration
of
the
sum
of
FIVE
HUNDRED
THOUSAND
PESOS
(P500,000),
Philippine
currency,
to
her
in
hand
paid
and
receipt
whereof
is
hereby
acknowledged
does
hereby
SELL,
TRANSFER,
and
CONVEY,
under
PACTO
DE
RETRO
unto
the
said
BUYER,
her
heirs
and
assigns,
the
above‐described
property
with
all
the
buildings
and
improvements
thereon,
free
from
all
liens
and
encumbrances
whatsoever;
That
the
SELLER,
in
executing
this
conveyance,
hereby
reserves
the
right
to
REPURCHASE,
and
the
BUYER,
in
accepting
the
same,
hereby
obligates
herself
to
RESELL,
the
property
herein
conveyed
within
a
period
of
five
(5)
years
from
and
after
the
date
of
this
instrument,
for
the
same
price
of
FIVE
HUNDRED
THOUSAND
PESOS
(P500,000),
Philippine
currency:
Provided
however,
that
if
the
SELLER
shall
fail
to
exercise
her
right
to
repurchase
as
herein
granted
within
the
period
stipulated,
then
this
conveyance
shall
become
absolute
and
irrevocable,
without
the
necessity
of
drawing
up
a
new
deed
of
absolute
sale,
subject
to
the
requirements
of
the
law
regarding
consolidation
of
ownership
of
real
property.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
hereunto
set
their
hands
this
29th
day
of
March
2003
in
Manila,
Philippines.
GUADALUPE
NUEVO
MEANDRED
ZOBEL
DE
AYALA
SELLER
BUYER
Signed
in
the
presence
of:
AZENITH
O.
VIOJAN
MILDRED
JOY
P.
QUE
(ACKNOWLEDGEMENT)
SAMPLE:
Deed
of
Absolute
Sale
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
3
DEED
OF
ABSOLUTE
SALE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
I,
Juan
G.
Dela
Cruz,
of
legal
age,
married
to
Maria
C.
Dela
Cruz,
Filipino
citizen,
and
a
resident
of
21
Esteban
Abada
St.,
Loyola
Heights,
Quezon
City,
in
consideration
of
the
sum
of
Four
Million
Five
Hundred
Sixty
Thousand
Pesos
(P4,560,000.00),
to
me
in
hand
paid
by
Mario
C.
Feliciano,
of
legal
age,
married
to
Belen
P.
Feliciano,
Filipino
citizen,
and
resident
of
129
J.P.Rizal
St.,
Project
4,
Quezon
City,
do
hereby
sell
and
convey
unto
said
Mario
C.
Feliciano,
his
heirs
and
assigns,
a
parcel
of
land
with
the
improvements
thereof
situated
in
Antipolo,
Rizal,
and
more
particularly
described
as
follows:
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,
Psd‐150980,
LRC
Rec.
Nos.
Nos.
N‐27024,
51768,
89632,
N‐11782,
N‐13466,
and
21071
situated
in
Municipality
of
Antipolo,
Province
of
Rizal,
Island
of
Luzon.
Bounded
on
NE.,
point
4
to
1
by
Road
Lot
22,
on...to
the
point
of
beginning;
containing
an
area
of
(2,275)square
meters
more
or
less."
of
which
I
am
the
registered
owner
in
accordance
with
the
Land
Registration
Act,
as
amended,
my
title
thereto
being
evidenced
by
Original/Transfer
Certificate
of
Title
No.
12345
issued
by
the
Register
of
Deeds
of
Antipolo,
Rizal.
IN
WITNESS
WHEREOF,
I
have
hereunto
signed
these
presents
at
the
Quezon
City
this
4th
day
of
April,
2009.
Juan
G.
Dela
Cruz
Mario
C.
Feliciano
Seller
Buyer
With
Marital
Consent:
Maria
C.
Dela
Cruz
Belen
P.
Feliciano
Seller’s
Spouse
Buyer’s
Spouse
Signed
in
the
Presence
of:
Loida
T.
Garcia
Fernando
G.
Zamora
(ACKNOWLEDGMENT)
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
4
SAMPLE:
Deed
of
Assignment
and
Transfer
of
Rights
DEED
OF
ASSIGNMENT
AND
TRANSFER
OF
RIGHTS
KNOW ALL MEN BY THIS PRESENTS:
This deed, made and entered into this 4th day of April 2009 at the City of Manila, by and between:
Juan
G.
Dela
Cruz,
Filipino
Citizen,
of
legal
age,
married
to
Maria
C.
Dela
Cruz
with
residence
and
postal
address
at
21
Esteban
Abada
St.
Loyola
Heights
Quezon
City,
hereinafter
referred
to
as
the
"ASSIGNOR"
‐and‐
Mario
C.
Feliciano,
Filipino
Citizen,
of
legal
age,
married
to
Belen
P.
Feliciano
with
residence
and
postal
address
at
129
J.P.Rizal
St.
Project
4
Quezon
City,
hereinafter
referred
to
as
the
"ASSIGNEE".
WITNESSETH: That ‐
WHEREAS,
the
ASSIGNOR
is
the
buyer
of
a
2‐bedroom
condominium
unit
located
at
18C
Grand
Towers
Condominium,
178
Taft
Avenue,
Manila,
with
an
area
of
Ninety
Seven
(97)
SQUARE
METERS,
more
or
less,
covered
by
Condominium
Certificate
Title
No.
97624
of
the
Register
of
Deeds
of
Manila,
registered
in
the
name
of
the
Bank
of
the
Philippine
Islands.;
WHEREAS,
the
ASSIGNOR
has
offered
to
assign
all
his
rights,
title
and
interest
over
the
above
unit,
as
referred
in
a
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
TWO
MILLION
PESOS
(P2,000,000.00),
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
interests
to
the
aforementioned
property
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
G.
Dela
Cruz
Mario
C.
Feliciano
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
5
Assignor
Assignee
With
our
Marital
Consents:
Maria
C.
Dela
Cruz
Belen
P.
Feliciano
Assignor’s
Spouse
Assignee’s
Spouse
Signed
in
the
Presence
of:
Loida
T.
Garcia
Fernando
G.
Zamora
(ACKNOWLEDGMENT)
SAMPLE:
Deed
of
Donation
DEED
OF
DONATION
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
DEED
OF
DONATION,
entered
into
by
and
between:
Loida
T.
Garcia,
DONOR,
Filipino,
of
legal
age,
single,
with
post
office
address
at
21B
Rajah
Matanda
St.
Project
4
Quezon
City,
Philippines;
‐and‐
Fernando
P.
Zamora,
DONEE,
Filipino,
of
legal
age,
single,
with
post‐office
address
at
161
Rosalia
Compound,
Tandang
Sora,
Quezon
City,
Philippines.
WITNESSETH:
That
the
DONOR
is
the
absolute
owner
of
that
certain
real
property
situated
at
No.
1
Lino
St.,
Aquino
Subdivision,
Ubihan,
Quezon
City
and
more
particularly
described
in
Transfer
Certificate
of
Title
No.
T‐4575
of
the
Register
of
Deeds
of
Quezon
City,
as
follows:
TRANSFER
CERTIFICATE
OF
TITLE
NO.
T‐4575
A
parcel
of
land,
lot
3245‐Y,
CSD‐2281,
situated
in
the
Barrio
of
Ubihan,
Quezon
City.
Bounded
on
the
N.E.,
along
line
1‐2,
by
property
of
Mariano
Tancinco
(lot
1,
psu‐
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
6
1111887);
and
along
line
2‐3,
by
lot
2
of
plan
Psu‐123948;
on
the
S.,
along
line
3‐4,
by
property
of
Tom
Timpo,
on
the
S.W.,
along
line
4‐5,
by
lot
1
of
plan
Psu‐123948;
and
along
5‐6
by
property
of
Mariano
Tancinco
(Lot
2,
Psu‐1111887),
and
on
the
N.W.,
along
line
6‐1,
by
property
of
Joaquina
Santiago,
containing
an
area
of
1,095
square
meters
and
covered
by
Tax
Declaration
No.
3829.
NOW
THEREFORE,
for
and
in
consideration
of
the
love
and
affection
of
the
DONOR
for
the
DONEE
who
has
lovingly
dedicated
five
(5)
years
of
her
life
as
the
former’s
personal
caregiver,
the
said
DONOR
by
these
presents
does
hereby
TRANSFER
AND
CONVEY
by
way
of
DONATION,
unto
the
said
DONEE,
the
above‐mentioned
real
property,
free
from
all
kinds
of
liens
and
encumbrances
whatsoever.
That
the
DONOR
hereby
states
that,
for
the
purpose
of
giving
effect
to
the
donation,
she
has
reserved
for
herself
in
full
ownership
sufficient
property
to
support
him
in
a
manner
appropriate
to
his
needs.
ACCEPTANCE
That
the
DONEE
does
hereby
accepts
the
foregoing
donation
of
the
above‐described
property
for
which
he
expresses
her
sincerest
appreciation
and
gratitude
for
the
kindness
and
liberality
shown
by
the
DONOR.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
signed
these
presents,
at
Quezon
City,
this
23rd
day
of
February,
2009.
Loida
T.
Garcia
Fernando
P.
Zamora
Donor
Donee
Signed
in
the
Presence
of:
Juan
C.
Dela
Cruz
Mario
C.
Feliciano
(ACKNOWLEDGMENT)
SAMPLE:
Bill
of
Sale
BILL
OF
SALE
KNOW
ALL
MEN
BY
THESE
PRESENTS:
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
7
I,
Juan
G.
Dela
Cruz,
of
legal
age,
Filipino,
single,
residing
at
21
Esteban
Abada
St.,
Loyola
Heights,
Quezon
City,
for
and
in
consideration
of
the
sum
of
Four
Hundred
Seventy
Five
Thousand
(P475,000.00),
Philippine
currency,
to
me
paid
by
Mario
C.
Feliciano,
also
of
legal
age,
Filipino,
single
and
residing
at
129
J.P.
Rizal
St.,
Project
4,
Quezon
City,
receipt
whereof
is
hereby
acknowledged,
do
hereby
SELL
and
CONVEY
unto
the
said
(buyer),
his
heirs
and
assigns,
a
Honda
Motorcycle
more
particularly
described
as
follows:
MAKE:
Honda
SERIES:
Gold
Wing
TYPE
OF
BODY:
Motorcycle
YEAR
OF
MODEL:
2009
MOTOR
NO.:
B1‐03‐5467
SERIAL/CHASSIS
NO.:
HZ‐1234‐09
PLATE
NO.:
JF
2110
FILE
NO.:
MC12901
C.R.NO.:
00978135
I
further
covenant
with
the
said
Mario
C.
Feliciano
that
I
own
and
have
the
right
to
sell
and
transfer
the
title
and
ownership
of
the
above‐described
property;
I
will
defend
the
same
against
the
claims
of
any
and
all
persons
whatsoever.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
4thday
of
April,
2009,
Quezon
City,
Philippines.
_________________________
Juan
G.
Dela
Cruz
Vendor
Signed
in
the
Presence
of:
_______________________
___________________________
Loida
T.
Garcia
Fernando
G.
Zamora
(ACKNOWLEDGMENT)
SAMPLE:
Legal
Retainer
Agreement
LEGAL
RETAINER
AGREEMENT
KNOW
ALL
MEN
BY
THESE
PRESENTS:
This
RETAINER
AGREEMENT
is
entered
into
by
and
between:
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
8
JAIME
L.
MENDEJAR,
of
legal
age,
Filipino,
single
and
with
business
address
at
546
Philnation
Bldg.,
Makati
City,
hereinafter
referred
to
as
the
“LAWYER”,
‐
and
‐
ABC
Corp.,
a
domestic
corporation
duly
organized
and
existing
under
the
laws
of
the
Republic
of
the
Philippines
with
business
address
located
at
90
E.
Rodriguez
Jr.
Ave.,
Libis,
Quezon
City
herein
represented
by
its
President
ROMEO
G.
HENSON
the
former
hereinafter
referred
to
as
the
“CLIENT”.
W
I
T
N
E
S
S
E
T
H
:
WHEREAS.
the
CLIENT
desires
to
retain
the
legal
services
of
the
LAWYER
to
the
exclusion
of
third
persons
with
adverse
interests;
WHEREAS,
the
LAWYER
agrees
to
provide
its
legal
services
to
the
CLIENT
subject
to
the
following
terms
and
conditions:
1.
The
LAWYER
shall
make
himself
available
for
consultation
and
advice
on
legal
matters
concerning
the
business
operations
of
the
CLIENT
provided
that
a
request
for
appointment
is
given
a
reasonable
amount
of
time
beforehand.
The
LAWYER
shall
likewise
assist
in
building
and
maintaining
the
CLIENT’s
goodwill
and
business,
economic,
and
social
relationships
with
other
business
enterprises
and
similar
entities;
2.
The
LAWYER
shall
assist
the
CLIENT
in
the
preparation
and
notarization
of
documents
wherein
a
simple
acknowledgment
or
jurat
is
required.
Where
large
scale
transactions
are
involved,
such
as
but
not
limited
to,
deeds
of
conveyance
or
sale,
or
large
scale
preparation
of
contracts
and
other
similar
ventures,
wherein
the
consideration
involved
amounts
to
or
is
greater
than
ONE
MILLION
PESOS
(P1,000,000.00),
the
LAWYER
reserves
the
right
to
assess
the
CLIENT
for
compensation
by
way
of
reasonable
notarial
fees;
3.
The
LAWYER
shall
prepare
legal
pleadings
and
motions,
including
but
not
limited
to
complaints,
answers,
briefs,
compromise
agreements,
etc.,
as
may
be
required
for
the
enforcement
of
the
CLIENT’s
rights
and
the
protection
of
its
interests
in
judicial
actions
filed
for
or
against
the
CLIENT.
The
LAWYER
waives
any
additional
retainer
fee
or
acceptance
fee
for
each
and
every
case
the
CLIENT
finds
itself
involved
in.
The
LAWYER
reserves
the
right
however
to
bill
the
CLIENT
for
reasonable
Legal
Research
Fees
for
pleadings
requiring
extensive
research
and
considerable
time
to
complete
such
as,
but
not
limited
to,
position
papers,
memoranda
of
law,
appeal
briefs,
etc.
The
LAWYER
likewise
reserves
the
right
to
bill
the
CLIENT
for
Appearance
Fees
for
its
presence
during
trial
hearings
upon
presentment
of
the
corresponding
billing
statement.
The
LAWYER
shall
charge
appearance
fees
equivalent
to
TEN
THOUSAND
PESOS
(P10,000.00)
per
appearance.
The
foregoing
fees
may
also
be
assessed
if
the
attending
lawyer
of
the
LAWYER
is
required
to
attend
conferences,
meetings,
and
negotiations
outside
the
law
office
upon
request
of
the
CLIENT.
It
is
hereby
agreed
that
the
foregoing
fee
is
limited
to
four
(4)
hours
only.
Should
the
time
given
by
the
attending
lawyer
exceed
the
four‐hour
limit,
the
LAWYER
may
assess
appearance
fees
anew
for
the
next
four
hours
or
a
fraction
thereafter.
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
9
In
the
event
that
the
CLIENT
should
require
the
attendance
of
the
LAWYER
in
any
meeting
outside
of
the
regular
working
hours
of
8
am
to
5
pm
or
during
holidays
and
rest
days
the
appearance
fee
due
to
the
LAWYER
shall
be
double
of
the
rate
herein
mentioned;
4.
The
CLIENT
undertakes
to
pay
or
cause
to
be
paid
at
the
beginning
of
each
month
accruing
the
sum
of
FIFTY
THOUSAND
PESOS
(P50,000.00)
to
the
LAWYER
as
regular
monthly
Retainer
Fee.
The
LAWYER
reserves
the
right
to
increase
the
rate
of
the
Retainer
Fee
after
sixty
days
from
execution
of
this
Agreement
upon
considered
evaluation
that
the
volume
of
work
required
of
it
by
the
CLIENT
exceeds
what
was
reasonably
perceived
by
the
former
upon
signing
hereof.
The
rate
of
the
increase
shall
be
commensurate
to
the
amount
of
work
required
by
the
CLIENT.
It
is
understood
that
the
RETAINER
FEE
herein
mentioned
shall
be
paid
in
advance
at
least
a
day
before
the
month
accruing.
FURTHER,
all
attorney’s
fees
charged
by
the
LAWYER
to
the
client
shall
be
net
of
withholding
taxes,
Value
Added
Taxes
and
the
like;
5.
The
CLIENT
undertakes
to
reimburse
the
LAWYER
any
out
of
pocket
expenses
which
includes
documentation,
logistical,
and
other
miscellaneous
disbursements
required
in
consequence
of
matters
handled
by
the
LAWYER
for
the
CLIENT.
The
LAWYER
agrees
to
advance
reasonable
amounts
for
the
CLIENT’s
expenses
from
time
to
time
for
purposes
of
convenience
which
the
latter
hereby
undertakes
to
reimburse;
6.
In
the
event
that
the
CLIENT
desires
to
retain
the
services
of
other
counsel
and
to
terminate
this
Retainer
Agreement,
it
shall
inform
the
LAWYER
in
writing
30
days
prior
to
the
intended
date
of
termination
of
this
Contract
in
order
to
allow
the
latter
ample
time
to
make
an
accounting
and
liquidation
of
the
CLIENT’s
concerns,
Provided:
that
if
the
CLIENT
desires
to
engage
the
services
of
other
counsel
without
necessarily
terminating
this
Agreement,
then
the
LAWYER
is
hereby
given
the
option
to
terminate
this
Contract
after
due
notice
in
writing
to
the
CLIENT.
It
is
understood
that
the
retainer
shall
commence
from
April
1,
2009;
7.
The
LAWYER
reserves
the
right
to
terminate
this
Retainer
Agreement
should
the
CLIENT
be
deemed
by
reasonable
standards
to
be
uncooperative
or
otherwise
indifferent
in
any
matter
handled
for
it
by
the
LAWYER.
The
parties
agree
that
this
Agreement
serves
as
the
CLIENT’s
consent
for
the
withdrawal
of
the
LAWYER
from
any
case
or
proceeding
pending
before
the
courts
or
other
tribunal
or
agency
for
all
legal
intents
and
purposes.
Done
in
Makati
City,
this
1st
day
of
April,
2009.
CLIENT:
LAWYER:
ROMEO
G.
HENSON
ATTY.
JAIME
L.
MENDEJAR
Signed
in
the
Presence
of:
IAN
CRUZ
SARAH
MACLANG
(ACKNOWLEDGMENT)
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
0
POWERS
OF
ATTORNEY
What
is
a
POWER
OF
ATTORNEY?
In
a
power
of
attorney,
you
give
another
person
(called
your
"agent"
or
"attorney‐in‐fact")
the
legal
authority
to
act
in
your
place
and
on
your
behalf
in
your
absence.
Every
act
your
agent
does
within
the
authority
granted
in
the
document
is
legally
binding
upon
you.
The
power
of
attorney
is
one
of
the
most
versatile
estate
planning
tools
available.
A
power
of
attorney
is
a
document
which
the
maker
(known
as
the
"principal")
gives
authority
to
an
"attorney‐in‐fact"
to
act
on
the
principal's
behalf.
The
attorney‐in‐fact
does
not
have
to
be
an
actual
attorney,
but
can
be
anyone
you
choose.
What
is
the
SCOPE
OF
A
POWER
OF
ATTORNEY?
The
principal
decides
the
scope
of
the
power
of
attorney.
For
example,
you
can
give
an
attorney‐
in‐fact
the
power
of
attorney
for
one
simple
investment.
On
the
other
hand,
you
can
also
make
the
power
of
attorney
unlimited.
One
limit,
however,
is
that
you
cannot
grant
the
power
to
make
a
will.
There
are
several
standard
powers
that
can
be
included,
such
as
the
ability
to
pay
bills,
transfer
funds,
or
complete
business
transactions.
However,
there
may
be
more
specific
reasons
you
want
to
execute
a
power
of
attorney.
Almost
any
decision
you
can
imagine
can
be
delegated
by
a
power
of
attorney.
Blank
forms
include
many
standard
powers,
yet
if
there
is
a
substantial
amount
of
money
at
stake,
or
if
it
is
some
other
important
decision,
a
specific
power
of
attorney
is
much
more
likely
to
be
accepted
as
valid.
Any
power
of
attorney
ends
with
the
death
of
the
principal.
Types
of
Power
of
Attorney
A
power
of
attorney
is
usually
given
by
someone
who
will
be
unable
to
be
present
at
a
particular
time
and/or
place
when
important
transactions
must
be
conducted.
The
scope
of
a
power
of
attorney
may
be
very
broad
or
very
narrow,
depending
on
the
needs,
facts
and
circumstances.
GENERAL
POWER
OF
ATTORNEY
A
general
power
of
attorney
gives
the
agent
all
the
powers
that
the
principal
possesses
to
act
with
respect
to
any
matter.
It
allows
the
agent
the
power
to
do
all
the
things
that
the
principal
could
do
himself,
such
as
sell
or
mortgage
a
home,
deposit
and
withdraw
money
from
accounts,
borrow,
and
sign
contracts.
SAMPLE:
General
Power
of
Attorney
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
1
GENERAL
POWER
OF
ATTORNEY
KNOW
ALL
MEN
THESE
PRESENTS:
I,
KELLY‐KELLY
D.
TINITRIM,
of
legal
age,
single,
Filipino,
a
resident
of
161
17th
Avenue,
Cubao,
Quezon
City,
do
hereby
name,
constitute,
and
appoint
PEDRO
PENDUKO,
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
and
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;
and
To
delegate
in
whole
or
in
part
any
and
all
of
the
powers
herein
granted
or
conferred,
by
means
of
an
instrument
in
writing,
in
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
26th
day
of
February
2009
in
Quezon
City,
Philippines.
KELLY‐KELLY
D.
TINITRIM
PEDRO
PENDUKO
Principal
Attorney‐in‐Fact
Signed
in
the
presence
of:
KIM
CHIU
GERALD
ANDERSON
(ACKNOWLEDGEMENT)
SPECIAL POWER OF ATTORNEY
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
2
A
special,
or
limited,
power
of
attorney
authorizes
your
agent
to
do
a
certain
specified
act,
such
as
ship
household
goods,
or
sell
an
automobile.
Article
1878
of
the
Civil
Code
enumerates
the
following
cases
where
Special
Powers
of
Attorney
are
necessary:
1. To
make
such
payments
as
are
not
usually
considered
as
acts
of
administration;
2. To
effect
novations
which
put
an
end
to
obligations
already
in
existence
at
the
time
the
agency
was
constituted;
3. To
compromise,
to
submit
questions
to
arbitration,
to
renounce
the
right
to
appeal
from
a
judgment,
to
waive
objections
to
the
venue
of
an
action
or
to
abandon
a
prescription
already
acquired;
4. To
waive
any
obligation
gratuitously;
5. To
enter
into
any
contract
by
which
the
ownership
of
an
immovable
is
transmitted
or
acquired
either
gratuitously
or
for
a
valuable
consideration;
6. To
make
gifts
except
customary
ones
for
charity
or
those
made
to
employees
in
the
business
managed
by
the
agent;
7. To
loan
or
borrow
money,
unless
the
latter
act
be
urgent
and
indispensable
for
the
preservation
of
the
things
which
are
under
administration;
8. To
lease
any
real
property
to
another
person
for
more
than
one
year;
9. To
bind
the
principal
to
render
some
service
without
compensation;
10. To
bind
the
principal
of
partnership;
11. To
obligate
the
principal
as
a
guarantor
or
surety;
12. To
create
or
convey
real
rights
over
immovable
property;
13. To
accept
or
repudiate
an
inheritance;
14. To
ratify
or
recognize
obligations
contracted
before
the
agency;
and
15. Any
other
act
of
strict
dominion.
SAMPLE:
Special
Power
of
Attorney
(Related
to
Mortgage)
SPECIAL
POWER
OF
ATTORNEY
KNOW
ALL
MEN
BY
THESE
PRESENTS:
I,
KELLY‐KELLY
D.
TINITRIM,
of
legal
age,
single,
Filipino,
with
residence
at
123
Malago
St.,
Project
2,
Quezon
City,
do
hereby
name,
constitute
and
appoint
PEDRO
PENDUKO,
of
legal
age,
and
with
residence
at
69
Naligaw
St.,
Project
4,
Quezon
City,
to
be
my
true
and
lawful
Attorney‐in‐Fact
and
in
my
name,
place
and
stead,
do
and
perform
the
following
specific
act:
To
make,
sign,
execute,
and
deliver
and
all
documents
and
other
writings
in
my
name
of
whatever
nature
or
kind,
including
but
not
limited
to
my
mortgage
or
encumbrance,
in
connection
with
my
auto
loan
with
the
Bank
of
the
Philippine
Islands
Makati
Branch
and/or
any
bank
or
financial
institution.
HEREBY
GIVING
AND
GRANTING
unto
my
said
attorney‐in‐fact,
or
her
substitute
full
power
and
authority
to
do
and
perform
every
lawful
act
and
thing
whatsoever
requisite
or
necessary
or
proper
to
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
3
be
done
in
the
premises,
as
fully
to
all
intents
and
purposes
as
we
ought
or
could
lawfully
do
if
personally
present,
and
hereby
ratifying
and
conforming
all
our
said
Attorney‐in‐fact
shall
do
or
cause
to
be
done
under
and
by
virtue
of
these
presents.
IN
WITNESS
WHEREOF,
I
have
hereto
set
my
hand
this
26th
day
of
February
2009
at
Quezon
City.
KELLY‐KELLY
D.
TINITRIM
Principal
Conforme:
PEDRO
PENDUKO
Attorney‐in‐Fact
Signed
in
the
presence
of:
KIM
CHIU
GERALD
ANDERSON
(ACKNOWLEDGEMENT)
SAMPLE:
Special
Power
of
Attorney
(Authority
to
Sell
Land)
SPECIAL
POWER
OF
ATTORNEY
KNOW
ALL
MEN
BY
THESE
PRESENTS:
I,
MANNIE
S.
PAQUIAO,
of
legal
age,
Filipino,
single,
resident
of
No.
25
Rockwell
Drive,
Rockwell
Center,
Makati
City,
do
hereby
name,
constitute,
and
appoint
CEASAR
L.
VILLANUEVA,
to
be
my
true
and
lawful
attorney,
for
me
and
in
my
name,
place,
and
stead,
within
a
period
of
six
(6)
months,
to
SELL,
TRANSFER,
and
CONVEY,
for
a
price
not
less
than
ONE
MILLION
PESOS
(Php
1,000,000.00),
to
whosoever
may
buy
or
purchase
the
following
described
real
property,
to
wit:
A
Parcel
of
Land
(Lot
45
of
the
consolidation‐subdivision
plan
(LRC)
Pcs‐4111,
being
a
portion
of
the
consolidation
of
Lots
4
and
7,
Psu‐112287
Amd.,
LRC
(GLRO)
Rec.
No.
N‐
17511),
situated
in
the
Dist.
Of
Concepcion,
City
of
Sta.
Rosa,
Laguna,
Island
of
Luzon.
Bounded
on
the
NE.,
points
3
to
6,
by
Lot
95;
on
the
S.,
points
6
to
1
by
Lot
40;
on
the
SW.,
points
1
to
2,
by
Lot
41;
and
on
the
N.,
points
2
to
3
by
Lot
45,
all
of
the
consolidation‐subdivision
plan.
Beginning
at
a
point
marked
"1"
on
plan,
being
N.
51
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
4
deg.
36'
E.,
1321.76
m.
from
B.L.L.M.
No.1,
Sta.
Rosa,
Laguna
xxx
(a
copy
of
which
title
is
hereto
attached
as
Annex
"A")
of
which
I
am
the
registered
owner
as
evidenced
by
Transfer
Certificate
of
Title
No.
T‐8911
of
the
Registry
of
Deeds
of
Sta.
Rosa,
Laguna;
and
HEREBY
GIVING
AND
GRANTING
unto
my
said
attorney
full
power
and
authority
to
do
and
perform
all
and
every
act
requisite
or
necessary
to
carry
into
effect
the
foregoing
authority
to
sell,
as
fully
to
all
intents
and
purposes
as
I
might
or
could
lawfully
do
if
personally
present,
with
full
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
hereof.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
9th
day
of
March,
2009,
in
Makati
City,
Metro
Manila,
Philippines.
MANNIE
S.
PAQUIAO
Principal
Signed
in
the
presence
of:
JINKY
S.
ODA
VIC
R.
SOTTO
(ACKNOWLEDGMENT)
REVOCATION
OF
POWER
OF
ATTORNEY
The
authority
granted
in
the
power
of
attorney
ends
with
the
death
of
either
the
principal
of
the
agent.
The
power
also
terminates
at
the
expiration
of
the
time
stated,
or
may
be
revoked
by
providing
notice
to
the
agent.
Revocation
will
take
effect
as
soon
as
it
is
communicated
to
the
agent
and
to
all
persons
who
may
or
have
dealt
with
the
agent
in
reliance
on
the
power
of
attorney.
If
the
power
of
attorney
has
been
recorded
as
part
of
the
public
records
(for
example,
with
respect
to
real
estate
transactions),
a
properly
acknowledged
revocation
should
be
recorded
to
ensure
the
revocation
of
the
power
of
attorney
is
made
effective.
Both
the
general
and
special
powers
of
attorney
may
be
revoked.
SAMPLE:
Revocation
of
Special
Powers
of
Attorney
REVOCATION
OF
SPECIAL
POWER
OF
ATTORNEYS
KNOW
ALL
MEN
BY
THESE
PRESENTS:
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
5
WHEREAS,
I,
AURORA
P.
CRUZ,
of
legal
age,
single,
Filipino,
and
a
resident
of
201
Broadway
St.,
Makati
City,
by
a
certain
public
instrument
made
and
executed
in
Makati
City
on
24th
day
of
January
2008
before
Notary
Public
Joseph
Pinon
of
Makati
City,
and
registered
as
Document
No.
168;
Page
No.
35;
Book
No.
113;
Series
of
2008
in
his
notarial
register,
did
name,
constitute,
and
appoint
MARTHA
A.
SALAZAR,
a
resident
of
1
Leo
St.,
Bel‐Air
Subdivision,
Makati
City,
as
my
true
and
lawful
ATTORNEY‐IN‐
FACT,
for
the
purpose
and
with
powers
mentioned
in
said
instrument;
WHEREAS,
the
said
public
instrument
or
Power
of
Attorney,
was
never
registered
with
the
Registry
of
Deeds
for
the
Province
of
Pampanga;
NOW,
THEREFORE,
I,
AURORA
P.
CRUZ,
by
virtue
these
presents,
hereby
REVOKE,
ANNUL
and
VOID
the
said
power‐of‐attorney
and
all
powers
and
authority
therein
or
thereby
given
or
granted
or
intended
to
be
given
or
granted
to
said
MARTHA
A.
SALAZAR.
FURTHER,
I,
AURORA
P.
CRUZ,
hereby
revoke
all
Special
Power
of
Attorneys
that
I
may
have
executed
before
the
date
of
this
Deed
with
respect
to
my
property
registered
under
TCT
No.
8343505
of
the
Registry
of
Deeds
for
the
City
of
Makati.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
10th
day
of
April,
2009
at
Makati
City,
Metro
Manila,
Philippines.
AURORA
P.
CRUZ
Principal
Signed
in
the
Presence
of:
SEDFREY
CANDELARIA
AMPARITA
STA.
MARIA
(AKNOWLEDGMENT)
Important
Principles
to
Remember
Nature
of
Power
of
Attorney
Agency
is
a
relationship
of
trust
and
is
fiduciary
in
nature.
A
power
of
attorney,
particularly
a
general
power
of
attorney,
should
not
be
granted
unless
the
circumstances
require
it
and
the
agent
is
a
person
whom
the
principal
is
sure
will
make
wise
and
honest
use
of
the
power.
If
a
special
power
of
attorney
can
possibly
accomplish
your
needs,
it
is
advisable
to
give
it
rather
than
the
general
power
of
attorney.
A
general
power
of
attorney
is
more
difficult
to
revoke
than
a
special
one.
When
a
Power
of
Attorney
is
needed
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
6
Those
persons
who
are
about
to
become
physically
separated
from
their
property
or
their
affairs,
and
whose
property
or
affairs
will
be
needing
attention
or
management
during
their
absence,
may
need
a
power
of
attorney.
The
document
should
grant
no
power
greater
than
that
which
is
needed
under
the
circumstances.
A
power
of
attorney
should
be
given
for
a
limited
time
only.
General
powers
of
attorney
are
usually
written
for
no
more
than
one
year.
Durability
Clause
Normally
a
power
of
attorney
becomes
null
and
void
if
the
principal
becomes
disabled.
A
"durable"
power
of
attorney
will
allow
the
agent
to
continue
to
act
even
if
the
principal
had
become
disabled.
Whether
a
power
of
attorney
needs
a
durability
clause
depends
upon
its
nature
and
purpose,
the
amount
of
time
it
is
needed
for,
the
degree
of
trust
between
the
principal
and
the
agent,
and
the
age
and
health
of
the
principal.
SAMPLE
CAPTIONS
IN
PLEADINGS
RULE
7,
RULES
ON
CIVIL
PROCEDURE
PARTS
OF
A
PLEADING
Section
1.
Caption.
The
caption
sets
forth
the
name
of
the
court,
the
title
of
the
action,
and
the
docket
number
if
assigned.
The
title
of
the
action
indicates
the
names
of
the
parties.
They
shall
all
be
named
in
the
original
complaint
or
petition;
but
in
subsequent
pleadings,
it
shall
be
sufficient
if
the
name
of
the
first
party
on
each
side
be
stated
with
an
appropriate
indication
when
there
are
other
parties.
Their
respective
participation
in
the
case
shall
be
indicated.
(1a,
2a)
***
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
7
REPUBLIC
OF
THE
PHILIPPINES
SUPREME
COURT
EN
BANC/_____
DIVISION
REPUBLIC
OF
THE
PHILIPPINES
COURT
OF
APPEALS
____
DIVISION
REPUBLIC
OF
THE
PHILIPPINES
SANDIGANBAYAN
EN
BANC/_____
DIVISION
REPUBLIC
OF
THE
PHILIPPINES
COURT
OF
TAX
APPEALS
EN
BANC/_____
DIVISION
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
BRANCH
______
REPUBLIC
OF
THE
PHILIPPINES
MUNICIPAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
BRANCH
______
REPUBLIC
OF
THE
PHILIPPINES
OFFICE
OF
THE
PROSECUTOR
MAKATI
CITY
LEGAL
FORMS
IN
CRIMINAL
CASES
COMPLAINT
AFFIDAVIT
A
Checklist
In
making
a
complaint
affidavit,
it
is
important
to
have
the
following
as
a
checklist
in
mind:
(1)
Identity
of
affiant
and
other
personal
circumstances;
(2)
Statement
of
venue;
(3)
Factual
allegations
to
show
violation
or
defense;
(4)
Signature
of
affiant;
(5)
Verification;
(6)
Certification
as
to
personal
examination
of
affiant;
and
(7)
Supporting
documents
or
affidavits.
Section
3(a),
Rule
112
of
the
Rules
on
Criminal
Procedure
states
that
complaint‐affidavits
shall
be
subscribed
or
sworn
to
before
any
prosecutor
or
government
official
authorized
to
administer
oath,
or,
in
their
absence
or
unavailability,
before
a
notary
public.
They
must
certify
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
8
that
he
personally
examined
the
affiants
and
that
he
is
satisfied
that
they
voluntarily
executed
and
understood
their
affidavits.
N.B.
Except
when
otherwise
specifically
required
by
law
or
rule,
pleadings
need
not
be
under
oath,
verified
or
accompanied
by
affidavit.
A
pleading
is
verified
by
an
affidavit
that
the
affiant
has
read
the
pleading
and
that
the
allegations
therein
are
true
and
correct
of
his
knowledge
and
belief.
(Section
4,
Rule
7)
The
plaintiff
or
principal
party
shall
certify
under
oath
in
the
complaint
or
other
initiatory
pleading
asserting
a
claim
for
relief,
or
in
a
sworn
certification
annexed
thereto
and
simultaneously
filed
therewith:
(a)
that
he
has
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
his
knowledge,
no
such
other
action
or
claim
is
pending
therein;
(b)
if
there
is
such
other
pending
action
or
claim,
a
complete
statement
of
the
present
status
thereof;
and
(c)
if
he
should
thereafter
learn
that
the
same
or
similar
action
or
claim
has
been
filed
or
is
pending,
he
shall
report
that
fact
within
five
(5)
days
therefrom
to
the
court
wherein
his
aforesaid
complaint
or
initiatory
pleading
has
been
filed.
(Section
5,
Rule
7)
Requirement
of
Barangay
Conciliation
A
case
filed
in
court
without
compliance
with
the
prior
barangay
conciliation
which
is
a
pre‐
condition
for
formal
adjudication
may
be
dismissed
upon
motion
of
defendant,
not
for
lack
of
jurisdiction
of
the
court
but
for
failure
to
state
a
cause
of
action
or
prematurity,
or
the
court
may
suspend
proceedings
upon
petition
of
any
party
under
Section
1
Rule
21
of
the
Rules
of
Court
and
refer
the
case
motu
proprio
to
the
appropriate
barangay
authority.
Under
the
Sections
399‐422
of
the
Local
Government
Code,
it
is
stated
that
disputes
are
required
to
be
subjected
to
barangay
conciliation
as
a
pre‐condition
before
the
filing
of
a
criminal
complain
in
any
court
or
government
office,
except:
1. Where
one
party
is
the
government,
or
any
subdivision
or
instrumentality
thereof;
2. Where
one
party
is
a
public
officer
or
employee
and
the
dispute
relates
to
the
performance
of
his
official
functions;
3. Where
the
dispute
involves
real
properties
located
in
different
cities
and
municipalities,
unless
the
parties
thereto
agree
to
submit
their
difference
to
amicable
settlement
by
an
appropriate
Lupon;
4. Any
complaint
by
or
against
corporations,
partnerships
or
judicial
entities,
since
only
individuals
shall
be
parties
to
barangay
conciliation
proceedings
either
as
complainants
or
respondents;
5. Dispute
involving
parties
who
actually
reside
in
barangays
of
different
cities
or
municipalities,
except
where
such
barangay
units
adjoin
each
other
and
the
parties
thereto
agree
to
submit
their
differences
to
amicable
settlement
by
an
appropriate
Lupon;
6. Offences
which
the
law
prescribes
a
maximum
penalty
of
imprisonment
exceeding
one
year
or
a
fine
of
over
five
thousand
pesos;
7. Offenses
where
there
is
no
private
offended
party;
8. Disputes
where
urgent
legal
action
is
necessary
to
prevent
injustice
from
being
committed
or
further
continued,
specifically
the
following:
a. Criminal
cases
where
accused
is
under
police
custody
or
detention;
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
9
b. Petition
for
habeas
corpus
by
a
person
illegally
deprived
of
his
rightful
custody
over
another
or
a
person
illegally
deprived
of
or
on
acting
in
his
behalf;
and
c. Actions
which
may
be
barred
by
Statute
of
Limitations.
9. Any
class
of
disputes
which
the
President
may
determine
in
the
interest
of
justice
or
upon
the
recommendation
of
the
Secretary
of
Justice;
10. Where
the
dispute
arises
from
the
Comprehensive
Agrarian
Reform
Law
(CARL);
11. Labor
disputes
or
controversies
arising
from
employer‐employee
relations;
and
12. Actions
to
annul
judgment
upon
a
compromise
which
may
be
filed
directly
in
court.
SAMPLE:
Complaint‐Affidavit
(Simple
Affidavit
Format)
REPUBLIC
OF
THE
PHILIPPINES)
Makati
City,
Metro
Manila
)
S.S.
COMPLAINT‐AFFIDAVIT
I,
MARIA
M.
LOPEZ,
of
legal
age,
Filipino,
with
home
address
at
4
Privet
Drive,
Hoggy
Village,
Makati
City,
after
being
sworn
to
in
accordance
with
law,
hereby
depose
and
state
that:
1. I
am
the
owner
of
a
blue
Pilot
ball
pen
as
evidenced
by
an
official
receipt
issued
by
the
Office
Warehouse
herein
attached
as
Annex
“A”;
2. The
accused,
RAMON
A.
SANTAMARIA
is
my
neighbor,
residing
at
5
Privet
Drive,
Hoggy
Village,
Makati
City;
3. On
April
27,
2008,
around
9
p.m.,
while
looking
out
from
the
2nd
floor
window,
I
noticed
that
the
accused
is
sneaking
out
of
our
house
through
the
backdoor
carrying
a
blue
Pilot
ball
pen;
4. On
April
28,
2008,
around
8
a.m.,
I
went
to
the
house
of
the
accused
to
confront
him
of
the
incident
that
occurred
in
the
previous
night;
5. I
noticed
that
a
blue
Pilot
ball
pen
similar
to
mine
was
being
used
by
RAMONA
A.
SANTAMARIA,
the
daughter
of
the
accused,
however,
he
vehemently
claimed
that
he
is
the
owner
of
the
pen;
6. Prior
resort
to
the
Barangay
conciliation
system
proved
fruitless
as
the
accused
denied
the
allegations,
consequently,
a
“Certification
to
File
Action”
was
issued
by
the
Barangay
Secretary,
a
copy
of
which
is
attached
as
Annex
“B”;
7. Upon
consultation
with
my
lawyer,
I
understand
that
the
acts
of
the
accused
qualify
for
THEFT
punishable
under
Article
308
of
the
Revised
Penal
Code;
8. Article
308
of
the
Revised
Penal
Code
provides
that
THEFT
is
committed
by
any
person
who,
with
intent
to
gain
but
without
violence
against
or
intimidation
of
persons
nor
force
upon
things,
shall
take
personal
property
of
another
without
the
latter’s
consent;
and
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
0
9. I
am
executing
this
affidavit
to
attest
to
the
truth
of
the
foregoing
facts
and
for
the
purpose
of
filing
a
criminal
complaint
for
THEFT
against
the
accused.
INWITNESS
WHEREOF,
I
have
hereunto
set
my
hand
this
30th
day
of
April
2008
at
Makati
City.
MARIA
LOPEZ
Affiant
(JURAT)
SAMPLE:
Complaint‐Affidavit
(Pleading
Format)
REPUBLIC
OF
THE
PHILIPPINES
OFFICE
OF
THE
PROSECUTOR
Makati
City
MARIA
M.
LOPEZ,
Complainant,
‐versus‐
I.
S.
No.
_________
For:
Theft
RAMON
A.
SANTAMARIA,
Respondent.
xx
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
xx
COMPLAINT‐AFFIDAVIT
I,
MARIA
M.
LOPEZ,
of
legal
age,
Filipino,
with
home
address
at
4
Privet
Drive,
Hoggy
Village,
Makati
City,
after
being
sworn
to
in
accordance
with
law,
hereby
depose
and
state
that:
1.
I
am
the
owner
of
a
blue
Pilot
ball
pen
as
evidenced
by
an
official
receipt
issued
by
the
Office
Warehouse
herein
attached
as
Annex
“A”;
2.
The
accused,
RAMON
A.
SANTAMARIA
is
my
neighbor,
residing
at
5
Privet
Drive,
Hoggy
Village,
Makati
City;
3.
On
April
27,
2008,
around
9
p.m.,
while
looking
out
from
the
2nd
floor
window,
I
noticed
that
the
accused
is
sneaking
out
of
our
house
through
the
backdoor
carrying
a
blue
Pilot
ball
pen;
4.
On
April
28,
2008,
around
8
a.m.,
I
went
to
the
house
of
the
accused
to
confront
him
of
the
incident
that
occurred
in
the
previous
night;
5.
I
noticed
that
a
blue
Pilot
ball
pen
similar
to
mine
was
being
used
by
RAMONA
A.
SANTAMARIA,
the
daughter
of
the
accused,
however,
he
vehemently
claimed
that
he
is
the
owner
of
the
pen;
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
1
6.
Prior
resort
to
the
Barangay
conciliation
system
proved
fruitless
as
the
accused
denied
the
allegations,
consequently,
a
“Certification
to
File
Action”
was
issued
by
the
Barangay
Secretary,
a
copy
of
which
is
attached
as
Annex
B;
7.
Upon
consultation
with
my
lawyer,
I
understand
that
the
acts
of
the
accused
qualify
for
THEFT
punishable
under
Article
308
of
the
Revised
Penal
Code;
8.
Article
308
of
the
Revised
Penal
Code
provides
that
THEFT
is
committed
by
any
person
who,
with
intent
to
gain
but
without
violence
against
or
intimidation
of
persons
nor
force
upon
things,
shall
take
personal
property
of
another
without
the
latter’s
consent;
9.
I
am
executing
this
affidavit
to
attest
to
the
truth
of
the
foregoing
facts
and
for
the
purpose
of
filing
a
criminal
complaint
for
THEFT
against
the
accused.
TO
THE
TRUTH
OF
THE
FOREGOING,
I
have
signed
this
Complaint‐Affidavit
on
April
30,
2008.
MARIA
LOPEZ
Affiant
SUBSCRIBED
and
SWORN
TO
BEFORE
ME,
this
30th
day
of
April
2008
at
Makati
City.
IMBES
T.
GADOR
Investigating
Prosecutor
CERTIFICATION
I
hereby
certify
that
I
have
personally
examined
the
Affiant
and
that
I
am
satisfied
that
she
voluntarily
executed
and
understood
her
Affidavit.
IMBES
T.
GADOR
Investigating
Prosecutor
COUNTER‐AFFIDAVIT
A
Checklist
In
making
a
counter‐affidavit,
it
is
important
to
have
the
following
as
a
checklist
in
mind:
(1)
Identity
of
affiant
and
other
personal
circumstances;
(2)
Factual
Allegations;
(3)
Defenses
Signature
of
affiant;
(4)
Verification
Certification;
and
(5)
Supporting
documents
or
affidavits
A
counter
affidavit
should
be
filed
within
10
days
from
receipt
of
subpoena
with
the
complaint
and
supporting
affidavits.
Requirement
of
Certification
by
the
Prosecutor
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
2
Section
3(c),
Rule
112
of
the
Rules
of
Criminal
Procedure
states
that
counter‐affidavits
shall
be
subscribed
and
certified
in
the
same
manner
as
complaints.
Thus,
they
shall
be
subscribed
before
any
prosecutor
or
government
official
authorized
to
administer
oaths,
or,
in
their
absence
or
unavailability,
before
a
notary
public.
SAMPLE:
Counter‐Affidavit
REPUBLIC
OF
THE
PHILIPPINES
OFFICE
OF
THE
PROSECUTOR
Makati
City
MARIA
M.
LOPEZ,
Complainant,
‐versus‐
I.
S.
No.
11211
For:
Theft
RAMON
A.
SANTAMARIA
Respondent.
xx
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
xx
COUNTER
AFFIDAVIT
I,
RAMON
A.
SANTAMARIA,
of
legal
age,
Filipino,
with
home
address
at
5
Privet
Drive,
Hoggy
Village,
Makati
City,
after
being
sworn
to
in
accordance
with
law,
hereby
depose
and
state
that:
1.
I
am
the
neighbor
of
MARIA
M.
LOPEZ
who
resides
at
4
Privet
Drive,
Hoggy
Village,
Makati
City;
2.
I
recently
learned
that
I
have
been
made
a
respondent
in
I.S.
No.
11211,
a
charge
for
THEFT
filed
by
MARIA
M.
LOPEZ
on
April
30,
2008
before
the
Office
of
the
City
Prosecutor
of
Quezon
City;
3.
On
May
15,
2008,
I
received
a
Subpoena
from
said
Office
requiring
me
to
submit
a
Counter‐
Affidavit
within
ten
(10)
days
from
such
receipt;
4.
The
charge
is
based
on
the
allegation
that
I
sneaked
into
the
house
of
MARIA
M.
LOPEZ
on
April
28,
2008,
9
p.m.,
and
steal
her
blue
Pilot
ball
pen;
5.
To
rebut
the
allegations
of
MARIA
M.
LOPEZ,
I
hereby
as
Annex
A
and
B
respectively,
my
passport
and
a
plane
ticket
issued
by
the
Philippine
Airlines;
6.
The
attached
passport
and
plane
ticket
will
indicate
that
I
left
for
China
on
April
20,
2008
only
to
return
on
April
29,
2008,
it
is
therefore,
impossible
for
me
to
commit
the
acts
alleged
by
MARIA
M.
LOPEZ;
7.
Considering
the
foregoing,
I
respectfully
pray
that
I
be
acquitted
of
the
crime
of
THEFT
wrongfully
imputed
upon
me
by
MARIA
M.
LOPEZ.
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
3
TO
THE
TRUTH
OF
THE
FOREGOING,
I
have
signed
this
Counter‐Affidavit
on
May
20,
2008.
RAMON
A.
SANTAMARIA
Affiant
SUBSCRIBED
and
SWORN
TO
BEFORE
ME,
this
20th
day
of
May
2008
at
Makati
City.
CONSEN
T.
DOR
City
Prosecutor
CERTIFICATION
I
hereby
certify
that
I
have
personally
examined
the
Affiant
and
that
I
am
satisfied
that
he
voluntarily
executed
and
understood
his
Affidavit.
CONSEN
T.
DOR
City
Prosecutor
INFORMATION
A
Checklist
In
making
an
Information,
it
is
important
to
have
the
following
as
a
checklist
in
mind:
(1)
Name
of
parties;
(2)
Offense
as
designated
by
statute;
(3)
Acts
or
omissions
complained
of
as
constituting
the
offense
including
a
statement
of
the
qualifying
or
aggravating
circumstances;
(4)
Time
of
the
commission
of
the
offense;
(5)
Place
of
commission;
(6)
Signature
of
Prosecutor
(for
the
Information);
(7)
Signature
of
Offended
Party,
Peace
officer
or
Public
officer
charged
with
enforcement
of
the
law
(for
the
Complaint);
(8)
Verification;
and
(9)
Certification
of
Preliminary
Investigation
or
Inquest.
If
the
Information
is
filed
after
inquest
(and
not
preliminary
investigation),
add
the
following:
1. Place
where
accused
is
actually
detained;
2. Full
name
and
address
of
evidence
custodian;
and
3. Detailed
description
of
recovered
items,
if
any.
An
Information
that
is
correct
in
form
and
substance
is
important
to
apprise
the
accused
of
his
right
to
be
informed,
as
provided
under
Rule
110
of
the
Rules
of
Court
and
the
1987
Constitution.
SAMPLE:
Information
with
Certificate
of
Inquest
(Theft)
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
4
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
MAKATI
CITY,
BRANCH
________
PEOPLE
OF
THE
PHILIPPINES,
Plaintiff,
‐
versus
‐
Criminal
Case
No.
80688‐00
For:
Theft
WILLIAM
GOCON,
Accused.
x
==============================
x
INFORMATION
The
undersigned
accuses
WILLIAM
GOCON
of
the
crime
of
theft,
committed
as
follows:
That
on
or
about
the
month
of
January,
2008
in
the
City
of
Makati,
Republic
of
the
Philippines
and
within
the
jurisdiction
of
this
Honorable
Court,
the
above
named
accused
WILLIAM
GOCON
being
then
an
employee
of
SLAZENBALL
INC.
in
charge
of
operation
of
the
machines
for
the
production
of
tennis
balls
with
intent
to
gain,
with
grave
abuse
of
confidence,
did
then
and
there
willfully,
unlawfully
and
feloniously
take,
steal
and
carry
away
six
thousand
(6,000)
pieces
of
tennis
balls
produced
by
the
machines
valued
at
Three
Hundred
Fifty
thousand
Pesos
(P350,000.00),
without
the
knowledge
and
consent
of
SLAZENBALL
INC.
to
its
damage
and
prejudice.
CONTRARY
TO
LAW.
ROGER
MAMARIL
Assistant
City
Prosecutor
CERTIFICATION
AS
TO
CONDUCT
OF
INQUEST
I
hereby
certify
that
the
accused
was
lawfully
arrested
without
a
warrant
and
that,
upon
being
informed
of
his
rights,
refused
to
waive
the
provisions
of
Article
125
of
the
Revised
Penal
Code
and,
for
this
reason,
an
Inquest
was
conducted;
that
based
on
the
complaint
and
the
evidence
presented
before
me
without
any
countervailing
evidence
submitted
by
the
accused,
despite
opportunity
to
do
so,
there
is
reasonable
ground
to
believe
that
the
accused
has
committed
the
crime
of
theft
and
should,
thus,
be
held
for
said
crime;
that
this
Information
was
with
the
prior
authority
of
the
City
Prosecutor.
ROGER
MAMARIL
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
5
Assistant
City
Prosecutor
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
this
17th
day
of
February
2009
in
Makati
City,
Metro
Manila,
Philippines.
BEN
BENAVIDES
City
Prosecutor
SAMPLE:
Information
with
Certificate
of
Inquest
(Slander)
REPUBLIC
OF
THE
PHILIPPINES
METROPOLITAN
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
MAKATI
CITY,
BRANCH
________
PEOPLE
OF
THE
PHILIPPINES,
Plaintiff,
‐
versus
‐
Criminal
Case
No.
99688‐00
For:
Slander
JENNY
CRUZ.
Accused.
x
===============================
x
INFORMATION
The
undersigned
accuses
JENNY
CRUZ
of
the
crime
of
slander,
committed
as
follows:
That
on
or
about
January
25,
2009,
in
the
City
of
Makati,
Philippines,
and
within
the
jurisdiction
of
this
Honorable
Court,
the
above‐mentioned
accused
with
intent
to
cast
dishonor,
discredit
and
contempt
upon
one
MYLA
GONZALES,
willfully,
unlawfully
and
feloniously
uttered
publicly
in
the
presence
and
in
front
of
and
within
the
hearing
of
numerous
people
in
the
auditorium
where
they
were
the
following
defamatory
words,
to
wit:
"YOU
ARE
A
CONNIVING,
ADULTEROUS
and
MURDEROUS
BITCH!
YOU
USELESS
PIECE
OF
SHIT!”
to
the
dishonor,
discredit
and
contempt
of
said
MYLA
GONZALES.
CONTRARY
TO
LAW.
ROGER
MAMARIL
Assistant
City
Prosecutor
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
6
CERTIFICATION
AS
TO
CONDUCT
OF
INQUEST
I
hereby
certify
that
the
accused
was
lawfully
arrested
without
a
warrant
and
that,
upon
being
informed
of
his
rights,
refused
to
waive
the
provisions
of
Article
125
of
the
Revised
Penal
Code
and,
for
this
reason,
an
Inquest
was
conducted;
that
based
on
the
complaint
and
the
evidence
presented
before
me
without
any
countervailing
evidence
submitted
by
the
accused,
despite
opportunity
to
do
so,
there
is
reasonable
ground
to
believe
that
the
accused
has
committed
the
crime
of
theft
and
should,
thus,
be
held
for
said
crime;
that
this
Information
was
with
the
prior
authority
of
the
City
Prosecutor.
ROGER
MAMARIL
Assistant
City
Prosecutor
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
this
17th
day
of
February
2009
in
Makati
City,
Metro
Manila,
Philippines.
BEN
BENAVIDES
City
Prosecutor
SAMPLE:
Information
with
Certificate
of
Preliminary
Investigation
(Murder)
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
MAKATI
CITY,
BRANCH
________
PEOPLE
OF
THE
PHILIPPINES
Plaintiff,
Criminal
Case
No.
_____________
‐Versus‐
For:
Murder
JUAN
DELA
CRUZ
Accused.
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
INFORMATION
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
7
The
Undersigned
accuses
JUAN
DELA
CRUZ
of
the
crime
of
Murder,
committed
as
follows:
That
on
or
about
2:00am,
on
2
January
2009,
in
the
City
of
Makati
and
within
the
jurisdiction
of
this
Honorable
Court,
the
said
accused
aimed
a
loaded
semi‐automatic
firearm
at
the
person
of
ANTONIO
BAGUMBAYAN
and
willfully,
unlawfully
and
feloniously,
with
intent
to
kill
and
evident
premeditation,
discharged
the
said
firearm
in
the
direction
of
BAGUMBAYAN,
inflicting
fatal
wounds
thereupon.
CONTRARY
TO
LAW
with
the
aggravating
circumstances
of
evident
premeditation,
use
of
firearm
and
commission
during
nighttime.
ROGER
MAMARIL
Assistant
City
Prosecutor
CERTIFICATE
OF
PRELIMINARY
INVESTIGATION
I
hereby
certify
that
a
preliminary
investigation
in
this
case
was
conducted
by
me
in
accordance
with
law;
that
I
examined
the
police
reports
and
the
testimonies
presented;
that
there
is
reasonable
ground
to
believe
that
the
offense
charged
had
been
committed
and
that
the
accused
is
probably
guilty
thereof;
that
the
accused
was
informed
of
the
Complaint
and
of
the
evidence
submitted
against
him
and
was
given
the
opportunity
to
submit
controverting
evidence;
and
that
the
filing
of
this
Information
is
with
the
prior
authority
and
approval
of
the
City
Prosecutor.
ROGER
MAMARIL
Assistant
City
Prosecutor
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
this
25th
of
February
2009
in
Makati
City.
BEN
BENAVIDES
City
Prosecutor
SAMPLE:
Information
with
Certificate
of
Preliminary
Investigation
(Qualified
Theft)
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL
TRIAL
COURT
NATIONAL
CAPITAL
JUDICIAL
REGION
MAKATI
CITY,
BRANCH
________
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
8
PEOPLE
OF
THE
PHILIPPINES,
Plaintiff,
Criminal
Case
No.
_____________
‐versus‐
For:
Qualified
Theft
AMANDA
DELA
CRUZ,
Accused.
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
INFORMATION
The
Undersigned
accuses
AMANDA
DELA
CRUZ
of
the
crime
of
Qualified
Theft,
committed
as
follows:
That
on
or
about
2
January
2009,
in
the
City
of
Makati
and
within
the
jurisdiction
of
this
Honorable
Court,
the
said
accused,
a
person
of
legal
age,
residing
at
18
Manolo
St,
Poblacion,
Makati,
and
at
the
time
of
the
commission
of
the
crime,
was
employed
as
a
cashier
in
Venus
Drug
located
at
12
Makati
Avenue,
Makati
City,
did
there
and
then,
willfully,
unlawfully
and
feloniously,
with
grave
abuse
of
confidence
and
with
intent
to
gain,
took
cash
from
the
register
of
the
said
establishment
in
the
amount
of
thirty
five
thousand
pesos
(P35,000.00),
without
the
knowledge
and
consent
of
her
employer.
CONTRARY
TO
LAW.
ROGER
MAMARIL
Assistant
City
Prosecutor
CERTIFICATE
OF
PRELIMINARY
INVESTIGATION
I
hereby
certify
that
a
preliminary
investigation
in
this
case
was
conducted
by
me
in
accordance
with
law;
that
I
examined
the
Complainant,
the
witnesses
and
other
documents
presented;
that
there
is
reasonable
ground
to
believe
that
the
offense
charged
had
been
committed
and
that
the
accused
is
probably
guilty
thereof;
that
the
accused
was
informed
of
the
Complaint
and
of
the
evidence
submitted
against
him
and
was
given
the
opportunity
to
submit
controverting
evidence;
and
that
the
filing
of
this
Information
is
with
the
prior
authority
and
approval
of
the
City
Prosecutor.
ROGER
MAMARIL
Assistant
City
Prosecutor
SUBSCRIBED
AND
SWORN
to
before
me
this
25th
of
February
2009
in
Makati
City<
Metro
Manila,
Philippines.
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
9
BEN
BENAVIDES
City
Prosecutor
LEGAL
FORMS
IN
CIVIL
CASES
COMPLAINT
A
Checklist
The
complaint
is
the
pleading
alleging
the
plaintiff's
cause
or
causes
of
action.
The
names
and
residences
of
the
plaintiff
and
defendant
must
be
stated
in
the
complaint.
(Section
3,
Rule
6,
Rules
of
Court)
It
is
the
initiatory
pleading
in
civil
cases.
Every
pleading
shall
contain
in
a
methodical
and
logical
form,
a
plain,
concise
and
direct
statement
of
the
ultimate
facts
on
which
the
party
pleading
relies
for
his
claim
or
defense,
as
the
case
may
be,
omitting
the
statement
of
mere
evidentiary
facts.
(Section
1,
Rule
8)
The
pleading
shall
specify
the
relief
sought,
but
it
may
add
a
general
prayer
for
such
further
or
other
relief
as
may
be
deemed
just
or
equitable.
[Section
2(c),
Rule
7]
When
the
plaintiff
is
a
corporation
When
the
Plaintiff
is
a
corporation,
a
Secretary’s
Certificate
must
be
attached
to
the
Complaint
aside
from
the
Verification
and
Certification
against
Forum
Shopping.
Such
Secretary’s
Certificate
shall
state
the
resolutions
during
the
Board
of
Directors’
meeting
authorizing
the
President
of
the
corporation
to:
(1)
cause
the
preparation
and
the
filing
of
the
complaint;
(2)
engage
the
services
of
counsel
for
the
purpose
of
preparing
and
filing
the
said
Complaint
on
behalf
of
the
corporation,
and
(3)
sign
under
oath
on
behalf
of
the
corporation
the
requisite
Verification
and
Certification
to
be
attached
to
the
Complaint.
SAMPLE:
Complaint
for
Sum
of
Money
Republic
of
the
Philippines
National
Capital
Judicial
Region
REGIONAL
TRIAL
COURT
Branch
___,
Muntinlupa
City
Isidore
Y.
Labrador,
Plaintiff,
Civil
Case
No.
________
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
0
‐
versus
‐
For:
Sum
of
Money
Francis
Arispacochaga,
Defendant.
x
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
x
COMPLAINT
PLAINTIFF,
by
counsel,
respectfully
states
that:
The
Parties
1. Plaintiff
is
a
Filipino,
of
legal
age,
and
resident
of
No.
123
Madrigal
Avenue,
Ayala
Alabang
Village,
Muntinlupa
City;
2. Defendant
is
also
a
Filipino,
of
legal
age
and
resident
of
No.
452
Dama
de
Noche
Street,
Ayala
Alabang
Village,
Muntinlupa
City
where
he
may
be
served
with
summons
and
other
court
processes.
The
Facts
3. Sometime
in
March
15,
2004
and
over
a
period
of
six
(6)
months,
defendant
borrowed
certain
amounts
from
plaintiff.
Defendant
promised
to
pay
these
amounts
on
an
installment
basis
monthly.
These
amounts
now
total
Four
Million
Pesos
(P4,000,000.00).
4. Despite
repeated
demands,
both
oral
and
written,
defendant
failed
or
has
refused
to
pay
any
amount
to
plaintiff
as
no
installment
payment
has
ever
been
made.
A
copy
of
each
of
plaintiff’s
two
(2)
demand
letters
is
attached
as
ANNEX
“A”
and
“B”
and
made
an
integral
part
of
this
complaint,
respectively.
5. Resort
to
the
Barangay
Conciliation
process
proved
fruitless
as
defendant
failed
to
appear
despite
notice
on
him
to
appear.
Thus,
a
Certification
to
File
Action,
a
copy
of
which
is
attached
as
ANNEX
“C”
and
made
an
integral
part
of
this
complaint,
was
issued
by
the
Barangay
Chairman.
6. Defendant's
obligation
is
due
and
demandable
and
plaintiff
is
entitled
to
the
payment
of
the
entire
amount
of
Five
Million
Six
Hundred
Thousand
Pesos
(P5,600,000.00)
plus
legal
interests.
7. By
reason
of
defendant’s
unreasonable
failure
or
refusal
to
pay
his
due
and
demandable
obligation,
plaintiff
was
forced
to
engage
the
services
of
counsel
to
vindicate
his
rights
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
1
thereby
committing
himself
to
pay
legal
expenses
amounting
to
Ninety
Thousand
Pesos
(P90,000.00).
Prayer
Muntinlupa
City,
June
28,
2008.
Demetria
Sandoval
Counsel
for
Plaintiff
5th
Floor,
Madrigal
Business
Tower,
Madrigal
Business
Center,
Alabang,
Muntinlupa
City
Attorney’s
Roll
No.
34975
IBP
No.
23655‐01/03/08‐Muntinlupa
PTR
No.
45321‐01/03/08‐Muntinlupa
MCLE
Compliance
No.
II‐0008776‐Nov.
17,
2007
VERIFICATION
AND
CERTIFICATION
I,
Isidore
Y.
Labrador,
of
legal
age,
after
having
been
duly
sworn,
depose
and
state
that:
I
am
the
Plaintiff
in
the
foregoing
Complaint
for
Sum
of
Money.
I
caused
the
preparation
of
the
Complaint,
which
I
have
fully
read
and
understood.
I
hereby
affirm
that
all
factual
allegations
contained
in
said
Complaint
are
true
and
correct
of
my
own
personal
knowledge
and
belief,
as
well
as
true
and
correct
on
the
basis
of
authentic
documents
and
records
in
my
possession.
I
certify
that
I
have
not
heretofore
commenced
any
action
or
filed
any
claim
involving
the
same
issues
in
any
court,
tribunal,
or
quasi‐judicial
agency.
If
I
should
hereafter
learn
that
any
other
similar
action
or
claim
has
been
filed
or
is
pending,
I
shall
report
that
fact
within
five
(5)
days
from
knowledge
thereof
to
this
Honorable
Court.
ISIDORE
Y.
LABRADOR
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
2
(JURAT)
SAMPLE:
Complaint
for
Ejectment
Republic
of
the
Philippines
National
Capital
Judicial
Region
METROPOLITAN
TRIAL
COURT
Branch
___,
Makati
City
Jeffrey
Salas,
Plaintiff,
Civil
Case
No.
________
‐
versus
‐
For:
Ejectment
Rustico
de
Borja,
Defendant.
xx
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
xx
COMPLAINT
PLAINTIFF,
by
counsel,
respectfully
states
that:
The
Parties
1. Plaintiff
is
a
Filipino,
of
legal
age,
and
resident
of
No.
10
Hidalgo
Street,
San
Lorenzo
Village,
Makati
City;
2. Defendant
is
also
a
Filipino,
of
legal
age
and
resident
of
No.
20
Ponce
Street,
San
Lorenzo
Village,
Makati
City,
where
he
may
be
served
with
summons
and
other
court
processes.
The
Facts
3. Plaintiff
owns
that
property
located
at
No.
20
Ponce
Street,
San
Lorenzo
Village,
Makati
City,
which
it
leased
to
defendant
under
the
terms
and
conditions
stated
in
the
Contract
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
3
of
Lease
dated
January
31,
2005,
which
contract
expired
on
January
31,
2007.
A
copy
of
the
contract
is
attached
as
ANNEX
“A”
and
made
an
integral
part
of
this
complaint.
4. Upon
the
expiration
of
the
contract,
plaintiff
informed
defendant
of
his
intention
not
to
renew
the
lease
as
he
would
use
the
property
to
put
up
his
own
business.
Plaintiff
then
asked
defendant
to
vacate
the
premises.
A
copy
of
plaintiff’s
letter
to
defendant
is
attached
as
ANNEX
“B”
and
made
an
integral
part
of
this
complaint.
5. Despite
demand
duly
made
and
received,
defendant
has
refused
to
vacate
the
premises
and
continues
to
occupy
the
property
without
plaintiff’s
consent.
Resort
to
the
Barangay
Conciliation
system
proved
useless
as
defendant
refused
to
appear
before
the
Lupong
Tagapamayapa.
A
Certification
to
File
Action
is
attached
as
ANNEX
“C”
and
made
an
integral
part
of
this
complaint.
6. Defendant's
act
of
dispossession
has
caused
plaintiff
to
suffer
material
injury
because
plaintiff’s
business
plans
could
not
be
implemented
despite
the
arrival
of
machineries
specifically
leased
for
this
purpose
at
the
rental
rate
of
One
Hundred
Fifty
Thousand
pesos
(P150,000.00)
per
month.
Defendant’s
continued
occupation
of
the
premises
has
also
forced
plaintiff
to
sue
and
to
incur
legal
expenses
amounting
to
Fifty
Thousand
Pesos
(P
50,000.00).
Prayer
WHEREFORE,
plaintiff
respectfully
prays
for
judgment
in
his
favor
by
ordering
defendant
to
vacate
the
property
and
peacefully
turn
over
possession
to
plaintiff
and
for
defendant
to
pay
plaintiff
the
amount
of
One
Million
Two
Hundred
Thousand
Pesos
(P1,200,000.00)
representing
rentals
on
the
machineries
for
eight
(8)
months
and
Fifty
Thousand
Pesos
(P50,000.00)
for
Attorney's
fees.
Other
just
and
equitable
reliefs
are
also
prayed
for.
Muntinlupa
City
for
Makati
City,
September
30,
2007.
Atty.
Demetria
Sandoval
Counsel
for
Plaintiff
5th
Floor,
Madrigal
Business
Tower,
Madrigal
Business
Center,
Alabang,
Muntinlupa
City
Attorney’s
Roll
No.
34975
IBP
O.R.
No.
23655‐01/03/08‐Muntinlupa
PTR
O.R.
No.
45321‐01/03/08‐Muntinlupa
MCLE
Compliance
No.
II‐0008776‐Nov.
17,
2007
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
4
(Verification
and
Certification
against
Forum
Shopping;
see
preceding
sample)
ANSWER
An
answer
is
a
pleading
in
which
a
defending
party
sets
forth
his
defenses.
(Section
4,
Rule
6)
Meanwhile,
a
counterclaim
is
any
claim
which
a
defending
party
may
have
against
an
opposing
party.
(Section
6,
Rule
6)
A
defendant
must
specify
each
material
allegation
of
fact
the
truth
of
which
he
does
not
admit
and,
whenever
practicable,
shall
set
forth
the
substance
of
the
matters
upon
which
herelies
to
support
his
denial.
Where
a
defendant
desires
to
deny
only
a
part
of
an
averment,
he
shall
specify
somuch
of
it
as
is
true
and
material
and
shalldeny
only
the
remainder.
Where
a
defendant
is
withoutknowledge
or
information
sufficient
to
form
a
belief
as
to
the
truth
of
a
material
averment
made
in
the
complaint,
he
shall
so
state,
andthis
shall
have
the
effect
of
a
denial.
(Section
10,
Rule
8)
An
affirmative
defense
is
an
allegation
of
a
new
matter
which,
while
hypothetically
admitting
the
material
allegations
in
the
pleading
of
the
claimant,
would
nevertheless
prevent
or
bar
recovery
by
him.
The
affirmative
defenses
include
fraud,
statute
of
limitations,
release,
payment,
illegality,
statute
of
frauds,
estoppel,
former
recovery,
discharge
in
bankruptcy,
and
any
other
matter
by
way
of
confession
and
avoidance.
[Section
5(b),
Rule
6]
A
compulsory
counterclaim
is
one
which,
being
cognizable
by
the
regular
courts
of
justice,
arises
out
of
or
is
connected
with
the
transaction
or
occurrence
constituting
the
subject
matter
of
the
opposing
party's
claim
and
does
not
require
for
its
adjudication
the
presence
of
third
parties
of
whom
the
court
cannot
acquire
jurisdiction.
Such
a
counterclaim
must
be
within
the
jurisdiction
of
the
court
both
as
to
the
amount
and
the
nature
thereof,
except
that
in
an
original
action
before
the
Regional
Trial
Court,
the
counterclaim
may
be
considered
compulsory
regardless
of
the
amount.
(Section
7,
Rule
6)
SAMPLE:
Answer
(With
Counterclaim)
Republic
of
the
Philippines
National
Capital
Judicial
Region
REGIONAL
TRIAL
COURT
Branch
123,
Muntinlupa
City
Thomas
Cruz,
Jr.,
Plaintiff,
Civil
Case
No.
09‐12345
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
5
‐
versus
‐
For:
Sum
of
Money
Brandon
Petey
Pablo,
Defendant.
x
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
x
ANSWER
(With
COUNTERCLAIM)
DEFENDANT, through counsel, by way of answer to plaintiff’s complaint, respectfully
states that:
Admissions/Denials
1. He
admits
the
allegations
in
paragraph
2
of
the
Complaint
regarding
his
personal
circumstances;
2. He
is
without
knowledge
or
information
to
form
a
belief
as
to
the
truth
of
the
allegations
in
paragraphs
1,
4,
5,
and
6
of
the
Complaint;
3. He
specifically
denies
each
and
every
material
allegation
in
paragraph
3
of
the
Complaint,
since
such
allegations
are
maliciously
false
and
meant
only
to
unjustly
enrich
Plaintiff
at
Defendant’s
expense.
The
truth
is
the
principal
obligation
amounts
to
only
Six
Hundred
Thousand
Pesos
(P600,000.00),
but
due
to
unconscionable
interests,
excessive
penalties
and
other
charges,
Defendant
was
deceived
into
signing
a
receipt
that
showed,
as
Defendant
much
later
on
learned,
the
aggregate
amount
of
indebtedness
to
be
Nine
Hundred
Thousand
Pesos
(P900,000.00),
inclusive
of
the
unconscionable
interests,
excessive
penalties,
and
other
charges;
.
Special
and
Affirmative
Defenses
4. The
complaint
does
not
state
a
cause
of
action
and
is
a
sham
pleading;
4.1 On
or
about
June
28,
2005,
Defendants
incurred
an
indebtedness
of
Three
Hundred
Fifty
Thousand
Pesos
(P350,000.00)
with
Plaintiff;
4.2 Due
to
a
close
and
long
relationship
with
Plaintiff,
Defendant
was
deceived
into
signing
a
receipt
which
he
thought
contained
only
a
reasonable
rate
of
interest
per
Defendant’s
oral
agreement
with
Plaintiff;
4.3 Upon
securing
a
copy
of
the
receipt
much
later,
Defendant
discovered
to
his
utter
surprise
that
the
rate
of
interest
indicated
on
the
receipt
is
five
(5%)
percent
per
month,
or
sixty
(60%)
percent
per
annum;
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
6
4.4 Defendants
were
perplexed
that
their
indebtedness
continued
to
increase
despite
the
fact
that
they
had
already
paid
Plaintiff
the
following
amounts:
P150,000.00
on
July
12,
2005
and
P250,000.00
on
September
8,
2008,
more
than
the
principal
obligation
of
P350,000.00.
[Photocopies
of
payment
receipts
are
hereto
attached
as
Annexes
“A”
to
“A‐9”
and
are
made
an
integral
part
of
this
Answer.]
Counterclaim
5. Defendant
additionally
submits
that
he
is
entitled
to
relief
arising
from
the
filing
of
this
malicious
and
baseless
suit,
as
follows:
5.1 Moral
Damages
amounting
to
Fifty
Thousand
Pesos
(P50,000.00)
because
his
name
and
reputation
were
besmirched
by
this
malicious
and
baseless
suit.
5.2 Despite
full
payment
by
Defendant
of
the
principal
obligation,
Plaintiff
has
instituted
the
instant
malicious
suit
which
compelled
Defendant
to
engage
the
services
of
counsel,
in
order
to
protect
Defendant’s
interests,
for
an
agreed
professional
fee
of
P200,000.00,
plus
an
appearance
fee
of
P5,000.00
per
hearing.
5.3 Defendants
also
incurred
other
litigation
expenses
in
the
sum
of
P
50,000.00.
For
all
of
said
fees
and
litigation
expenses,
Plaintiff
should
be
adjudged
liable
to
Defendant.
WHEREFORE,
Defendant
respectfully
prays
that
judgment
be
rendered
in
his
favor
by
dismissing
the
Complaint
and
granting
defendant's
counterclaim
by
awarding
defendant:
(a)
Fifty
Thousand
Pesos
(P50,000.00)
as
Moral
Damages,
and
(b)
Two
Hundred
Thousand
Pesos
(P200,000.00)
plus
Five
Thousand
Pesos
(P5,000.00)
for
every
hearing
attended
by
Defendant’s
counsel
as
Attorney's
Fees.
Other
just
and
equitable
reliefs
are
prayed
for.
Quezon
City
for
Muntinlupa
City,
October
11,
2007.
MARICEL
X.
TOLENTINO
Counsel
for
Defendant
89
Mindanao
Ave.,
Quezon
City
Attorney’s
Roll
No.
56247
IBP
No.
015456/
January
15,
2008/
Quezon
City
PTR
No.
014523/
January
20,
2008/
Quezon
City
MCLE
No.
854265/
January
8,
2008
(Verification
and
Certification
against
Forum
Shopping)
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
7
Copy
furnished
through
personal
service:
Atty.
Demetria
Sandoval
Counsel
for
the
Plaintiff
5th
Floor,
Madrigal
Business
Tower,
Madrigal
Business
Center,
Alabang,
Muntinlupa
City
PROOF
OF
SERVICE
I,
Primitivo
Santos,
messenger
for
Atty.
Maricel
Tolentino,
herein
counsel
for
Defendant
Brandon
Petey
Pablo,
hereby
certify
that
I
personally
delivered
Defendant’s
Answer
dated
October
11,
2007
to
Plaintiff
Thomas
Cruz,
Jr.
with
address
at
No.
217
Pacific
Avenue,
Pacific
Village,
Alabang,
Muntinlupa
City.
The
Answer
was
received
by
plaintiff
himself.
PRIMITIVO
SANTOS
(JURAT)
Copy
furnished
through
registered
mail:
Atty.
Demetria
Sandoval
Counsel
for
the
Plaintiff
5th
Floor,
Madrigal
Business
Tower,
Madrigal
Business
Center,
Alabang,
Muntinlupa
City
Registry
Receipt
No.
1234
Muntinlupa
City
Post
Office
Date:
October
15,
2007
EXPLANATION
(Pursuant
to
Section
11,
Rule
13,
1997
Rules
of
Civil
Procedure)
A
copy
of
the
foregoing
Answer
was
served
on
Plaintiff’s
counsel
by
registered
mail
due
to
time
constraints
and
lack
of
messenger
to
effect
personal
service.
Atty.
Maricel
Tolentino
Counsel
for
Defendant
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
8
N.B.
An
explanation
is
needed
only
when
service
was
made
via
registered
mail.
PRE‐TRIAL
BRIEF
The
parties
shall
file
with
the
court
and
serve
on
the
adverse
party,
in
such
manner
as
shall
ensure
their
receipt
thereof
at
least
three
(3)
days
before
the
date
of
the
pre‐trial,
their
respective
pre‐trial
briefs
which
shall
contain,
among
others:
1. A
statement
of
their
willingness
to
enter
into
amicable
settlement
or
alternative
modes
of
dispute
resolution,
indicating
the
desired
terms
thereof
2. A
summary
of
admitted
facts
andproposed
stipulation
of
facts
3. The
issues
to
be
tried
or
resolved
4. The
documents
or
exhibits
to
be
presented,
stating
the
purpose
thereof
5.
A
manifestation
of
their
having
availed
or
their
intention
to
avail
themselves
of
discovery
procedures
or
referral
to
commissioners
6. The
number
and
names
of
the
witnesses,
and
the
substance
of
their
respective
testimonies
Failure
to
file
the
pre‐trial
brief
shall
have
the
same
effect
as
failure
to
appear
at
the
pre‐trial.
(Section
6,
Rule
18)
SAMPLE:
Pre‐Trial
Brief
Republic
of
the
Philippines
National
Capital
Judicial
Region
REGIONAL
TRIAL
COURT
Branch
53,
Pasig
City
Katrina
Olmes,
Plaintiff,
Civil
Case
No.
07‐34567
‐
versus
‐
For:
Sum
of
Money
Angelina
Jolina
Magdangal,
Defendant.
x
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
x
1
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
9
PRE‐TRIAL
BRIEF
DEFENDANT,
through
counsel,
respectfully
submits
her
Pre‐Trial
Brief,
as
follows:
I. WILLINGNESS
TO
ENTER
INTO
AN
AMICABLE
SETTLEMENT
AND
POSSIBLE
TERMS
OF
ANY
SUCH
SETTLEMENT
1.1. Subject
to
a
concrete
proposal
that
is
fair
and
reasonable
and
a
reciprocal
manifestation
of
openness
from
plaintiff,
defendant
is
open
to
the
possibility
of
amicably
settling
this
dispute.
1.2. Pursuant
to
Rule
18
of
the
1997
Rules
of
Civil
Procedure,
defendant
respectfully
submits
that
the
desired
terms
of
any
amicable
settlement
would
involve,
first,
a
clarification
of
the
actual
extent
of
any
obligation
due
and
owing
to
plaintiff
inasmuch
as
there
is
nothing
to
indicate
defendant’s
obligations
to
plaintiff
and,
second,
a
schedule
of
payments.
II.
BRIEF
STATEMENT
OF
CLAIMS
AND
DEFENSES
1.1. Plaintiff
seeks
principally
to
recover
the
amount
of
One
Million
Pesos
(P1,000,000.00)
with
interest
at
twelve
percent
(12%)
arising
allegedly
from
unpaid
orders
delivered
to
defendant.
1.2. Defendant
resists
plaintiff’s
claims
based
on
a
failure
to
state
a
cause
of
action
because
of:
2.2.1.
Plaintiff's
lack
of
personality
to
sue
and,
therefore,
not
being
the
real
party
in
interest
under
Rule
3,
section
2
of
the
1997
Rules
of
Civil
Procedure;
2.2.2.
Extinguishment
of
the
alleged
claim
made
by
the
defendant
on
May
28,
2007.
2.3.
Defendant
also
interposed
a
compulsory
counterclaim
for
Fifty
Thousand
Pesos
(P50,000.00)
for
moral
damages
and
Two
Hundred
Thousand
Pesos
(P200,000.00)
as
attorney's
fees.
III.
FACTS
AND
OTHER
MATTERS
ADMITTED
BY
THE
PARTIES
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
0
3.1.
Defendant
admits
only
those
facts
stated
in
his
Answer,
i.e.,
her
personal
circumstances,
receipt
of
the
demand
letter
dated
January
10,
2007
and
her
reply
to
the
demand
letter.
3.2.
Subject
to
a
concrete
proposal
for
stipulation
of
additional
facts
from
plaintiff
during
pre‐trial
or
even
thereafter,
defendant
admits
no
other
facts
stated
in
the
Complaint.
IV.
ISSUES
TO
BE
TRIED
4.1.
Defendant
submits
that
the
following
issues
put
forward
by
plaintiff
are
subject
to
proof:
4.1.1.
Plaintiff's
personality
to
seek
legal
relief;
4.1.2.
Plaintiff's
entitlement
to
the
amount
claimed;
4.2.
Defendant
submits
that
the
following
issues
she
put
forward
are
subject
to
proof:
4.2.1.
Plaintiff's
bad
faith
in
filing
this
suit;
4.2.2.
Defendant's
entitlement
to
the
claims
made
in
her
Compulsory
Counterclaim
as
a
result
of
plaintiff’s
bad
faith;
V.
EVIDENCE
5.1.
Defendant
intends
to
present
the
following
witnesses:
5.1.1.
Defendant
herself
who
will
testify
on
the
true
circumstances
leading
to
the
filing
of
this
suit
against
her;
5.1.2.
An
employee
of
defendant
with
personal
knowledge
as
to
the
true
circumstances
behind
the
alleged
obligations
due
and
owing
in
favor
of
plaintiff.
5.2.
Defendant
reserves
the
right
to
present
any
and
all
documentary
evidence
which
shall
become
relevant
to
rebut
plaintiff's
claims
in
the
course
of
trial
as
well
as
any
other
witnesses
whose
testimony
will
become
relevant
to
belie
plaintiff’s
witnesses,
if
necessary.
VI.
RESORT
TO
DISCOVERY
6.1.
Considering
the
relatively
simple
issues
presented,
defendant
does
not
intend
to
avail
of
discovery
at
this
time.
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
1
6.2. Subject,
however,
to
a
concrete
and
reasonable
request
for
discovery
from
plaintiff,
defendant
reserves
the
right
to
resort
to
discovery
before
trial.
RESPECTFULLY
SUBMITTED,
this
8th
day
of
August
2007,
Pasig
City.
MARICEL
X.
TOLENTINO
Counsel
for
Defendant
89
Mindanao
Ave.,
Quezon
City
Attorney’s
Roll
No.
56247
IBP
No.
015456/
January
15,
2008/
Quezon
City
PTR
No.
014523/
January
20,
2008/
Quezon
City
MCLE
No.
854265/
January
8,
2008
NOTICE
OF
HEARING
THE
BRANCH
CLERK
OF
COURT
Regional
Trial
Court
Branch
53,
PasigCity
Please
submit
the
foregoing
Motion
to
the
Court
for
its
consideration
and
approval
immediately
upon
receipt
hereof
and
kindly
include
the
same
in
the
court's
calendar
for
hearing
on
August
25,
2007
at
8:30
in
the
morning.
Atty.
Maricel
Tolentino
Counsel
for
Defendant
N.B.The
Notice
of
Hearing
is
actually
both
a
REQUEST
and
a
NOTICE;
a
REQUEST
for
the
Branch
Clerk
of
Court
to
include
the
motion
in
the
calendar
for
hearing
on
a
specific
date
and
a
NOTICE
to
opposing
counsel
of
the
hearing
date
requested.
In
non‐litigious
motions
or
ex
parte
motions,
it
is
sufficient
that
the
request
not
contain
a
date,
and
for
that
purpose,
the
underlined
portion
in
the
Request
may
be
omitted
with
the
Notice
to
opposing
counsel
simply
stating
that
"counsel
will
submit
the
motion
to
the
court
for
approval
immediately
upon
receipt."
[From
Professor
Theodore
O.
Te’s
Handbook
on
Legal
Forms]
Copy
Furnished:
Atty.
Conrado
Manuel
Counsel
for
the
Plaintiff
16th
Floor,
JMT
Tower,
ADB
Avenue,
Pasig
City
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
2
MEMORANDUM8
Upon
admission
of
the
evidence,
the
case
shall
be
deemed
submitted
for
decision,
unless
the
Court
directs
the
parties
to
argue
or
to
submit
their
respective
memoranda
or
any
further
pleadings.
(Section
5[g],
Rule
30,
Rules
of
Court)
The
rationale
for
this
rule
is
because
all
the
pleadings
and
the
evidence
necessary
for
the
Court
to
arrive
at
a
Decision
are
already
on
the
record.
Hence,
oral
arguments
and
the
submission
of
additional
pleadings
may
be
dispensed
with.
However,
as
a
matter
of
practice,
the
prevailing
trend
among
the
Courts
is
to
require
the
parties
to
submit
their
respective
Memoranda
to
aid
the
Court
in
arriving
at
a
Decision
of
the
case.
The
Memorandum
is
available
for
ready
reference
by
the
trial
judge.
Rather
than
go
over
the
entire
records
of
the
case,
the
judge
can
easily
read
the
parties’
Memoranda.
What
is
the
Importance
of
a
Memorandum
Being
part
of
the
records
of
the
case,
the
Memorandum
is
available
for
perusal
by
the
appellate
court.
Hence,
it
is
imperative
that
lawyers
should
know
how
to
write
a
clear,
concise,
complete,
and
persuasive
Memorandum
that
should
express
the
facts
of
the
case,
the
issues
of
the
controversy,
and
the
legal
arguments
in
support
of
your
client’s
claims
or
defenses.
Based
on
practice,
cases
have
been
won
and
lost
solely
on
the
basis
of
the
Memorandum.
Pointers
in
Writing
the
Memorandum
1. Read
and
study
the
entire
records
of
the
case,
especially
the
various
pleadings
filed
by
the
parties.
Look
out
for
stipulations
and
admissions
of
fact.
2. Read
the
Transcript
of
Stenographic
Notes
(‘TSN”)
of
the
witnesses
and
determine
the
pertinent
portions
thereof
that
are
favorable
for
your
client’s
cause
and
those
which
may
be
damaging
to
the
other
party.
3. Scrutinize
all
the
documentary
evidence
presented
by
the
parties.
4. Conduct
a
study
and
research
of
the
relevant
laws
and
jurisprudence
that
support
your
client’s
claims
and
refutes
the
defenses
of
the
other
party.
Parts
of
a
Trial
Memorandum
1. Prefatory
statement
2. Statement
of
the
case
3. Statement
of
the
facts
4. Issues
to
be
resolved
(factual
and
legal)
5. Arguments
6. Relief
sought
8
Generoso
V.
Jacinto,
An
Introduction
to
Trial
Technique
and
Practice,
1982
Ed.;
Roberto
A.
Abad,
The
Fundamentals
of
Legal
Writing,
2004
Ed.
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
3
SAMPLE:
Memorandum
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
REGIONAL
TRIAL
COURT
Branch
256,
Muntinlupa
City
ASTRO
CHEMICAL
COUNTRY,
INC.,
Plaintiff,
‐versus‐
Special
Civil
Case
No.
02‐001
For:
Interpleader
with
Damages
BANK
OFAMERICA
NT
&SA,
BENEDICTINE
ABBEY
LIM
and
RICARDO
DE
MESA,
Defendants,
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
MEMORANDUM
(WITH
FORMAL
ENTRY
OF
APPEARANCE)
The
undersigned
law
firm
most
respectfully
enters
its
appearance
as
counsel
for
the
Plaintiff
ASTRO
CHEMICAL
COUNTRY,
INC.,
(ACCI
for
brevity)
in
the
above‐entitled
case.
Henceforth,
it
is
most
respectfully
prayed
that
all
notices
and
other
legal
processes
be
sent
to
and
furnished
the
undersigned
at
the
address
indicated
herein
below.
AND
BY
WAY
OF
MEMORANDUM
–
Plaintiff
ACCI,
thru
the
undersigned
counsel
and
unto
this
Honorable
Court,
respectfully
submits
this
MEMORANDUM
in
compliance
with
the
23
February
2009
Order
of
this
Honorable
Court
which
was
received
by
plaintiff
on
06
March
2009,
requiring
the
parties
to
file
their
respective
Memoranda
within
thirty
(30)
days
from
receipt
or
until
05
April
2009
as
for
plaintiff.
THE
PARTIES
Plaintiff
Astro
Chemical
Country
Inc.
(ACCI)
is
a
domestic,
non‐profit
corporation
with
principal
office
at
Country
Club
Drive,
Ayala
Alabang
Village,
Alabang,
Muntinlupa
City.
It
operates
and
maintains
a
country
club
and
various
sports
facilities
for
the
exclusive
use
of
its
members.
It
may
be
served
with
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
4
notices
and
other
legal
processes
of
this
Honorable
Court
through
the
undersigned
counsel
in
Unit
314,
Ateneo
Professional
Schools
Building,
Rockwell
Drive,
Rockwell
Center,
Makati
City.
Defendant
Bank
of
America,
National
Association
(Bank
of
America)
is
a
national
banking
association
organized
and
existing
under
and
by
virtue
of
the
laws
of
the
United
States
of
America,
and
duly
licensed
to
do
business
in
the
Philippines
through
its
branch
office
at
Philamlife
Tower
Building,
27thFloor,
8767
Paseo
de
Roxas,
Makati
City.
Defendant
Benedictine
Abbey
Lim
is
of
legal
age,
Filipino
and
a
resident
of
Cluster
E134,
Alexandria,
Meralco
Avenue,
Pasig
City.
Defendant
Ricardo
M.
de
Mesa
is
of
legal
age,
Filipino
and
a
resident
of
Suite
1901,
Parc
Chateau,
Ortigas
Center,
Pasig
City.
STATEMENT
OF
THE
CASE
This
is
a
Special
Civil
Action
for
Interpleader
with
Damages
under
Rule
62
of
the
Rules
of
Court.
Said
special
civil
action
is
proper
whenever
there
are
conflicting
claims
upon
the
same
subject
matter
against
a
person
who
claims
no
interest
in
the
same,
or
an
interest
which
in
whole
or
in
part
is
not
disputed
by
the
claimants;
such
person
may
bring
an
action
against
the
conflicting
claimants
to
compel
them
to
interplead
and
litigate
their
claims
among
themselves.
On
13
December
2001,
plaintiff
ACCI
filed
a
Complaint
in
Interpleader
with
Damages9
by
reason
of
the
conflicting
claims
between
defendant
Bank
of
America
and
defendants
Benedictine
Lim
and
Ricardo
de
Mesa,
as
to
the
ownership
of
ACCI
Share
Nos.
B‐0843
and
B‐0844.Defendant
Bank
of
America
sustains
the
view
that
defendants
Lim
and
de
Mesa
are
not
the
owners
of
the
subject
ACCI
shares
by
reason
of
the
nullity
of
the
levy
and
sale
of
the
said
shares.
Whereas,
defendants
Lim
and
de
Mesa
are
of
the
view
that
they
are
entitled
to
the
transfer
of
the
subject
shares
in
their
names
as
they
are
the
legal
owners
of
the
subject
shares
by
reason
of
the
Sheriff’s
Certificate
of
Sale
issued
to
them.
On
11
March
2002,
defendant
Bank
of
America
filed
its
Answer
to
the
Complaint
filed
by
plaintiff
ACCI.
The
bank
contended
that
by
reason
of
the
nullity
of
the
Order
under
which
the
writ
of
execution
in
favor
of
American
Realty
Corporation
and
directed
against
the
bank
was
issued,
the
said
writ,
as
well
as
the
levy
and
sale
of
the
bank’s
personal
properties,
including
the
subject
ACCI
shares
are
also
null
and
void.
It
further
contended
that
the
sheriff’s
sale
of
the
subject
ACCI
shares
was
likewise
null
and
void
since
the
judgment
sought
to
be
executed
has
already
been
fully
paid
and
satisfied.
In
fact,
in
a
letter
dated
25
September
2001
sent
by
Bank
of
America
through
its
counsel
addressed
to
ACCI,
it
was
stated
therein
that
by
reason
of
the
Compromise
Agreement
and
Satisfaction
of
Judgment
executed
by
and
between
American
Realty
Corporation
and
Bank
of
America
and
filed
with
the
Supreme
Court
as
well
as
the
Regional
Trial
Court
of
Pasig,
Branch
159,
Bank
of
America
requested
ACCI
not
to
record
any
transfer
or
disposition
of
the
subject
ACCI
shares
in
the
corporate
books
until
after
the
resolution
of
the
Motion
to
Quash
the
Writ
of
Execution.
9
A
copy
of
the
Plaintiff
ACCI’s
Complaint
is
attached
hereto
as
Annex
“A”
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
5
On
22
May
2002,
defendant
Lim
filed
his
Answer
with
Counterclaim
and
Crossclaim
against
defendant
Bank
of
America.
He
contended
that
an
interpleader
is
an
improper
remedy
to
resist
the
transfer
of
the
share
of
stock
in
his
favor.
He
further
contended
that
an
interpleader
is
improper
as
the
validity
of
the
auction
and
sheriff’s
certificate
of
sale
was
never
assailed
or
invalidated.
According
to
him,
the
continued
refusal
of
the
Corporate
Secretary
to
effect
the
transfer
of
one
of
the
subject
ACCI
shares
in
his
favor
are
clear
indications
of
bad
faith
of
ACCI
considering
the
fact
that
the
Board
of
Directors
of
ACCI
was
strongly
influenced
by
its
then
Chairman,
Atty.
Maestro
San
Felipe–
father
of
one
of
the
handling
lawyers
of
the
defendant
Bank
of
America.
On
17
June
2002,
defendant
Bank
of
America
filed
its
Reply
and
Answer
to
defendant
Lim’s
Crossclaim
reiterating
its
claim
that
the
sale
and
levy
of
the
ACCI
share
to
defendant
Lim
was
null
and
void.
On
14
July
2004,
defendant
Bank
of
America
filed
its
Manifestation
and
Urgent
Motion
to
Suspend
Proceedings
holding
that
the
validity
of
the
Compromise
Agreement
be
first
resolved
before
the
present
action
for
interpleader
may
proceed.
However,
the
said
motion
was
denied
on
the
ground
that
the
appellate
court
has
no
jurisdiction
over
this
case
as
defendants
Lim
and
de
Mesa
are
not
privy
to
the
proceedings
before
the
appellate
court.
On
12
November
2007,
plaintiff
ACCI
filed
its
Memorandum
reaffirming
its
previous
argument
that
the
present
special
civil
action
in
interpleader
is
proper
as
any
decision
as
to
who
between
the
defendants
is
entitled
to
the
subject
ACCI
shares
is
best
left
to
the
sound
discretion
of
the
court.
On
03
December
2007,
defendant
Lim
likewise
filed
his
Memorandum
reiterating
his
claim
that
there
is
no
reason
for
plaintiff
ACCI
to
withhold
the
transfer
of
the
subject
ACCI
share
in
his
name
as
he
is
an
innocent
purchaser
for
value
of
the
same.
STATEMENT
OF
THE
FACTS
As
culled
from
the
Plaintiff
ACCI’s
Complaint
dated
13
December
2001,
the
following
are
the
factual
antecedents
of
the
case:
ACCI
is
engaged
in
the
operation
and
maintenance
of
a
country
club
for
the
exclusive
use
of
its
members
and
their
guests.
Its
stocks
are
divided
into
Two
Thousand
Five
Hundred
shares
(2,500)
consisting
of
nine
(9)
Founder’s
shares
and
Two
Thousand
Four
Hundred
Ninety‐one
(2,491)
common
shares,
which
is
further
divided
into
One
Thousand
Seven
Hundred
Forty‐one
(1,741)
class
“A”
and
Seven
Hundred
Fifty
(750)
class
“B”
shares.
Two
of
these
class
“B”
shares,
namely
Share
Nos.
B‐0843
and
B‐0844
acquired
for
the
amount
of
One
Million
Sixty
Seven
Thousand
Pesos
(Php1,067,000.00),
were
allegedly
owned
by
the
Defendant
Bank
of
America.
On
24
August
2001,
ACCI
received
a
Notice
of
Garnishment10
dated
21
August
2001
issued
by
the
Sheriff
of
the
Regional
Trial
Court,
Branch
159,
Pasig
City
in
relation
with
the
Writ
of
10
A
copy
of
the
Notice
of
Garnishment
is
attached
hereto
as
Annex
“B”
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
6
Execution11dated
23
April
2001
issued
by
the
said
court
in
Civil
Case
No.
62883
entitled,
“American
Realty
Corporation
vs.
Bank
of
America,
NT
&
SA.”
Said
Notice
of
Garnishment
advised
ACCI
not
to
deliver,
transfer
or
otherwise
dispose
of
the
ACCI
shares
or
stocks
which
are
under
its
control
and
possession
belonging
to
the
Bank
of
America.
By
the
said
Notice
of
Garnishment,
the
said
ACCI
shares
of
stocks
in
the
name
of
Bank
of
America
were
garnished
in
order
to
satisfy
the
judgment
award
against
the
latter
in
favor
of
American
Realty
Corporation.
The
Notice
of
Garnishment
and
the
Writ
of
Execution
were
both
annotated
in
the
books
of
ACCI.
On
07
September
2001,
ACCI
received
a
Notice
of
Sheriff’s
Sale12
dated
05
September
2001
notifying
ACCI
that
defendant
Bank
of
America’s
two
(2)
ACCI
Class
B
shares
with
Certificate
Nos.
B‐0843
and
B‐0844
will
be
sold
at
a
public
auction.
By
way
of
a
Certificate
of
Sale13
dated
14
September
2001,
ACCI
was
informed
that
ACCI
Share
Nos.
B‐0843
and
B‐0844
were
sold
to
defendants
Lim
and
de
Mesa,
respectively.
Following
the
sale,
ACCI
was
requested
by
Limin
his
letter
dated
28
September
2001
to
make
the
necessary
arrangements
for
the
transfer
of
ACCI
Share
No.
B‐0843
in
his
name
as
soon
as
possible.
Likewise,
a
similar
request
to
effect
the
transfer
of
Share
No.
B‐0844
in
de
Mesa’s
name
was
made
by
him.
Meanwhile,
ACCI
received
a
letter
from
defendant
Bank
of
America’s
counsel
dated
25
September
2001
requesting
ACCI
not
to
record
any
transfer
pertaining
to
ACCI
Share
Nos.
B‐0843
and
B‐
0844
until
after
the
Motion
to
Quash
the
Writ
of
Execution14dated
20
August
2001
was
resolved
with
finality
by
the
trial
court.
It
is
provided
for
in
said
letter
that
American
Realty
Corporation
itself
caused
the
filing
of
the
Motion
to
Quash
the
Writ
of
Execution,
thereby
signifying
its
lack
of
interest
to
pursue
any
execution
or
garnishment
proceedings
against
Bank
of
America
in
view
of
the
full
and
final
settlement
of
Bank
of
America’s
monetary
obligation
by
virtue
of
the
Compromise
Agreement15dated
20
November
2000
entered
into
by
and
between
Bank
of
America
and
American
Realty
Corporation,
as
corroborated
by
the
Satisfaction
of
Judgment16dated
21
November
2000
and
approved
by
the
Supreme
Court
on
31
January
2001.
In
another
letter
dated
03
October
2001,
counsel
for
Bank
of
America
reiterated
its
request
to
hold
in
abeyance
the
recordation
of
the
transfer
of
the
abovementioned
ACCI
Shares
to
defendants
Lim
and
de
Mesa
by
virtue
of
the
Amended
Decision17
dated
02
October
2001
rendered
by
the
Court
of
Appeals
in
CA‐GR
SP
Nos.
6419
and
6449
entitled,
“American
Realty
Corp.
and
Bank
of
America
vs.
Hon.
11
A
copy
of
the
Writ
of
Execution
is
attached
hereto
as
Annex
“C”
12
A
copy
of
the
Notice
of
Sheriff’s
Sale
is
attached
hereto
as
Annex
“D”
13
Copies
of
the
Certificate
of
Sale
are
attached
hereto
as
Annexes
“E‐1”
and
“E‐2”
14
A
copy
of
the
Motion
to
Quash
the
Writ
of
Execution
is
attached
hereto
as
Annex
“F”
15
A
copy
of
the
Compromise
Agreement
is
attached
hereto
as
Annex
“G”
16
A
copy
of
the
Satisfaction
of
Judgment
is
attached
hereto
as
Annex
“H”
17
A
copy
of
the
Amended
Decision
is
attached
hereto
as
Annex
“I”
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
7
Rodolfo
R.
Bonifacio,
Presiding
Judge
Br.
159,
RTC,
NCJR
Pasig,
et.
al.,”
the
dispositive
portion
of
which
reads
as
follows:
“WHEREFORE,
the
Motion
for
Reconsideration
is
hereby
GRANTED.
The
Decision
of
this
Court
promulgated
on
August
7,
2001
is
SET
ASIDE.
Respondent
Court
or
any
of
its
agents
is
enjoined
from
enforcing
and
implementing
the
Writ
of
Execution
until
it
shall
have
determined
the
validity
and
efficacy
of
the
compromise
agreement.”
In
light
of
the
said
Amended
Decision
of
the
Court
of
Appeals,
ACCI
informed
defendants
Lim
and
de
Mesa
in
separate
letters
both
dated
02
November
2001
that
it
will
be
holding
in
abeyance
the
recordation
of
the
transfer
of
above
ACCI
Shares
in
their
names.
However,
in
a
letter
dated
05
November
2001,
defendant
Lim
reiterated
his
demand
for
the
recordation
of
the
transfer
of
ACCI
Share
No.
B‐0843
in
his
favor,
arguing
that
the
above‐stated
Amended
Decision
of
the
Court
of
Appeals
did
not
invalidate
the
sale
of
the
said
share
of
stock
in
his
favor.
A
similar
demand
was
made
by
defendant
de
Mesa
arguing
that
the
injunctive
writ
issued
by
the
Court
of
Appeals
in
its
Amended
Decision
did
not
affect
his
purchase
of
ACCI
Share
No.
B‐0844
as
the
same
was
already
fait
accompli.
In
view
of
all
the
foregoing,
ACCI
cannot
effectively
determine
who,
as
among
the
defendants
herein
are
entitled
to
be
registered
as
owners
of
ACCI
Share
Nos.
B‐0843
and
B‐0844.
Hence,
ACCI
was
constrained
to
bring
this
Special
Civil
Action
for
Interpleader
with
Damages
to
compel
defendants
Lim
and
de
Mesa
on
one
hand
and
defendant
Bank
of
America
on
the
other
hand,
to
interplead
and
litigate
their
conflicting
claims
among
themselves,
pursuant
to
Rule
62
of
the
1997
Rules
of
Civil
Procedure.
STATEMENT
OF
THE
ISSUES
I
INTERPLEADER
IS
THE
PROPER
REMEDY
AS
THERE
ARE
CONFLICTING
CLAIMS
AS
TO
THE
OWNERSHIP
OF
THE
SUBJECT
ACCI
SHARES
II
A
CORPORATION
CANNOT
BE
COMPELLED
TO
EFFECT
TRANSFER
OF
SHARES
WHEN
THE
TRANSFEREE’S
TITLE
TO
SAID
SHARES
HAS
NO
PRIMA
FACIE
VALIDITY
OR
IS
UNCERTAIN
III
PLAINTIFF
ACCI
CANNOT
BE
HELD
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
8
LIABLE
FOR
MORAL
AND
EXEMPLARY
DAMAGES,
AS
WELL
AS
ATTORNEY’S
FEES
IV
PLAINTIFF
ACCI
IS
ENTITLED
TO
RECOVER
ATTORNEY’S
FEES
AND
LITIGATION
COSTS
AS
A
RESULT
OF
THE
FILING
OF
THE
INSTANT
CASE
ARGUMENTS
/
DISCUSSIONS
I
INTERPLEADER
IS
THE
PROPER
REMEDY
AS
THERE
ARE
CONFLICTING
CLAIMS
AS
TO
THE
OWNERSHIP
OF
THE
SUBJECT
ACCI
SHARES
______________________________
The
action
of
interpleader
is
a
remedy
whereby
a
person
who
has
property
whether
personal
or
real,
in
his
possession,
or
an
obligation
to
render
wholly
or
partially,
without
claiming
any
right
in
both,
or
claims
an
interest
which
in
whole
or
in
part
is
not
disputed
by
the
conflicting
claimants,
comes
to
court
and
asks
that
the
persons
who
claim
the
said
property
or
who
consider
themselves
entitled
to
demand
compliance
with
the
obligation,
be
required
to
litigate
among
themselves,
in
order
to
determine
finally
who
is
entitled
to
one
or
the
other
thing.
The
remedy
is
afforded
not
to
protect
a
person
against
a
double
liability
but
to
protect
him
against
double
vexation
in
respect
of
one
liability.
When
the
court
orders
that
the
claimants
litigate
among
themselves,
there
arises
in
reality
a
new
action
and
the
former
are
styled
interpleaders,
and
in
such
a
case
the
pleading
which
initiates
the
action
is
called
a
complaint
of
interpleader
and
not
a
cross‐complaint.18
Section
1
of
Rule
62
of
the
Rules
of
Court
provides:
“Whenever
conflicting
claims
upon
the
same
subject
matter
are
or
may
be
made
against
a
person
who
claims
no
interest
whatever
in
the
subject
matter,
or
an
interest
which
in
whole
or
in
part
is
not
disputed
by
the
claimants,
he
may
bring
an
action
against
the
conflicting
claimants
to
compel
them
to
interplead
and
litigate
their
several
claims
among
themselves.”
Consequently,
for
an
action
in
interpleader
to
prosper,
the
following
requirements
must
be
present:
1)
The
plaintiff
claims
no
interest
in
the
subject
matter
or
his
claim
thereto
is
not
disputed;
2)
18
Praxedes
Alvarez,
et.
al.
vs.
The
Commonwealth
of
the
Philippines,
et.
al.,
65
Phil
302
1
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
9
There
must
be
at
least
two
or
more
conflicting
claimants;
3)
The
parties
to
be
interpleaded
must
make
effective
claims;
4)
The
subject
matter
must
be
one
and
the
same.19
In
the
present
case,
plaintiff
ACCI
claims
no
interest
in
the
ACCI
shares
subject
of
the
conflicting
claims
of
defendants
Lim
and
de
Mesa
and
defendant
Bank
of
the
America.
Plaintiff
ACCI
is
merely
engaged
in
the
operation
and
maintenance
of
the
country
club
in
order
to
serve
its
members
and
their
guests.
It
claims
no
interest
on
the
subject
ACCI
shares
except
as
to
the
resolution
who
between
the
defendants
properly
owns
the
said
shares
so
that
it
can
make
the
proper
registration
in
its
corporate
books.
As
earlier
mentioned,
there
are
two
conflicting
claimants
in
this
case,
to
wit:
Lim
and
de
Mesa;
and
the
Bank
of
America,
each
of
which
is
claiming
as
owner
of
the
subject
ACCI
Share
Nos.
B‐0843
and
B‐0844.
Defendants
Lim
and
de
Mesa
are
establishing
their
right
to
the
subject
ACCI
shares
by
virtue
of
the
levy
and
sale
of
the
said
shares
and
the
consequent
issuance
of
the
Certificates
of
Sheriff’s
Sale
in
their
favor.
Defendant
Bank
of
America
on
the
other
hand,
is
claiming
its
right
to
the
subject
ACCI
shares
by
virtue
of
the
Compromise
Agreement
and
the
Satisfaction
of
Judgment
executed
by
and
between
the
bank
and
American
Realty
Corporation
and
later
approved
by
the
Supreme
Court.
In
the
case
of
Syquia
vs.
Sheriff, 20
an
action
for
interpleader
was
justified
as
there
were
conflicting
claims
to
the
subject
property
seized
by
the
Sheriff.
Similarly,
under
the
present
circumstances,
the
ACCI
shares
levied
and
sold
during
the
auction
sale
to
defendants
Lim
and
de
Mesa
are
the
same
shares
being
claimed
by
defendant
Bank
of
America.
It
bears
repeating
that
plaintiff
ACCI
was
requested
by
defendant
Bank
of
America
not
to
make
any
transfer
of
the
subject
ACCI
shares
as
it
claims
that
the
levy
and
sale
of
the
same
was
null
and
void.
Hence,
elements
established,
defendant
Limcannot
gainsay
that
the
present
interpleader
action
is
improper.
Defendant
Lim’s
claim
that
if
the
present
case
really
calls
for
an
interpleader
action,
then
plaintiff
ACCI
should
impose
the
condition
that
neither
of
the
parties
to
this
dispute
should
enjoy
the
use
of
the
shares
until
their
ownership
is
declared
by
the
Court
is
erroneous
as
the
same
is
not
one
of
the
requisites
in
order
that
an
interpleader
action
may
prosper.
Neither
can
it
be
argued
that
the
present
interpleader
action
is
improper
as
the
validity
of
the
auction
sale,
as
well
as
the
sheriff’s
certificate
of
sale,
has
never
been
assailed
or
invalidated.
It
must
be
noted
that
plaintiff
ACCI
is
not
privy
to
the
other
proceedings
pending
between
the
defendants.
Except
for
the
notices
sent
by
the
sheriff
of
Branch
159
of
Pasig
City,
plaintiff
ACCI
does
not
receive
orders,
resolutions,
motions
or
pleadings
from
any
of
the
parties
or
courts
where
the
cases
are
pending.
Accordingly,
plaintiff
ACCI
has
no
idea
as
to
the
status
or
condition
of
any
of
the
cases
pending
between
the
defendants.
However,
it
is
imperative
to
determine
who
between
the
defendants
is
the
valid
and
legal
owner
of
the
subject
ACCI
shares
in
order
to
protect
itself
from
any
unnecessary
litigation
that
may
arise
from
recording
or
non‐recording
the
transfer
of
the
subject
ACCI
shares.
Interpleader
is
a
rule
founded
on
justice
and
equity:
“that
the
plaintiff
may
not
continue
to
benefit
from
the
property
or
funds
in
litigation
during
the
pendency
of
the
19
Remedial
Law
Volume
III
by
Herrera
[1999]
20
46
Phil
400
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
0
suit
at
the
expense
of
whoever
will
ultimately
be
decided
as
entitled
thereto.”21
Hence,
the
present
interpleader
action
is
proper
for
reasons
above‐stated,
as
well
as
to
apprise
plaintiff
ACCI
who
are
its
actual
stockholders
so
that
it
can
ascertain
the
persons
entitled
to
the
rights
and
those
subject
to
the
liabilities
of
a
stockholder.
II
A
CORPORATION
CANNOT
BE
COMPELLED
TO
EFFECT
TRANSFER
OF
SHARES
WHEN
THE
TRANSFEREE’S
TITLE
TO
SAID
SHARES
HAS
NO
PRIMA
FACIE
VALIDITY
OR
IS
UNCERTAIN
__________________________________
Section
63
of
the
Corporation
Code
provides:
“The
capital
stock
of
stock
corporations
shall
be
divided
into
shares
for
which
certificates
signed
by
the
president
or
vice‐president,
counter‐
signed
by
the
secretary
or
assistant
secretary,
and
sealed
with
the
seal
of
the
corporation
shall
be
issued
in
accordance
with
the
by‐laws.
Shares
of
stock
so
issued
are
personal
property
and
may
be
transferred
by
delivery
of
the
certificate
or
certificates
indorsed
by
the
owner
or
his
attorney‐in‐fact
or
other
person
legally
authorized
to
make
the
transfer.
No
transfer,
however,
shall
be
valid,
except
as
between
the
parties,
until
the
transfer
is
recorded
in
the
books
of
the
corporation
showing
the
names
of
the
parties
to
the
transaction,
the
date
of
the
transfer,
the
number
of
the
certificate
or
certificates
and
the
number
of
shares
transferred.
No
shares
of
stock
against
which
the
corporation
holds
any
unpaid
claim
shall
be
transferrable
in
the
books
of
the
corporation.”
Pursuant
to
the
foregoing
provision,
a
transfer
of
shares
of
stock
not
recorded
in
the
stock
and
transfer
book
of
the
corporation
is
non‐existent
as
far
as
the
corporation
is
concerned.22
As
between
the
corporation
on
the
one
hand,
and
its
shareholders
and
third
persons
on
the
other,
the
corporation
looks
only
to
its
books
for
the
purpose
of
determining
who
its
shareholders
are.23
It
is
only
when
the
transfer
has
been
recorded
in
the
stock
and
transfer
book
that
a
corporation
may
rightfully
regard
the
transferee
as
one
of
its
stockholders.
From
this
time,
the
consequent
obligation
on
the
part
of
the
corporation
to
recognize
such
rights
as
it
is
mandated
by
law
to
recognize
arises.24
Hence,
without
such
21
Eternal
Gardens
Memorial
Parks
Corp.
vs.
IAC,
165
SCRA
439
22
Garcia
vs.
Jomouad,
323
SCRA
424,
428
23
Hager
vs.
Bryan,
19
Phil
138,
140‐141
24
Ponce
vs.
Alsons
Cement
Corp.,
et.
al.,
GR
No.
139802,
10
December
2002
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
1
recording,
the
transferee
may
not
be
regarded
by
the
corporation
as
one
among
its
stockholders
and
the
corporation
may
legally
refuse
the
issuance
of
stock
certificates
in
the
name
of
the
transferee
even
when
there
has
been
compliance
with
the
requirements
of
Section
64
of
the
Corporation
Code.25
Section
63
of
the
Corporation
Code
expressly
authorizes
the
transfer
of
the
shares
either
by
indorsement
of
the
stock
certificate
coupled
with
delivery
thereof,
or
by
a
duly
notarized
deed.
Where
no
certificate
has
as
yet
been
issued
or
where
for
some
reason
it
is
not
in
the
possession
of
the
stockholder,
fully
(or
partially)
paid
shares
may
be
transferred
by
means
of
a
deed
of
assignment
duly
recorded
in
the
books
of
the
corporation.
But
if
a
stock
certificate
has
been
issued,
the
transferee
must
present
the
indorsed
stock
certificate
to
the
secretary
of
the
corporation
who
shall
effect
the
transfer
in
the
corporate
books,
issue
a
new
stock
certificate
in
favor
of
the
transferee,
and
cancel
the
former
certificate.
A
corporation
has
no
authority
to
cancel
a
certificate
which
is
not
in
its
possession
or
to
which
it
has
no
right.
It
will
be
liable
to
a
bona
fide
holder
of
the
old
certificate
if,
without
demanding
of
said
certificate,
it
issues
a
new
one.26
While
it
is
true
that
the
duty
of
the
corporate
secretary
to
record
the
transfer
is
ministerial,27
however,
he
cannot
be
compelled
to
do
so
when
the
transferee’s
title
to
said
shares
has
no
prima
facie
validity
or
is
uncertain.28
Mere
indorsement
of
stock
certificates
does
not
in
itself
give
to
the
indorsee
such
a
right
to
have
a
transfer
of
the
shares
of
stock
on
the
books
of
the
company
as
will
entitle
him
to
the
writ
of
mandamus
to
compel
the
company
and
its
officers
to
make
such
transfer
at
his
demand,
because,
under
such
circumstances
the
duty,
the
legal
obligation,
is
not
so
clear
and
indisputable
as
to
justify
the
issuance
of
the
writ.
As
a
general
rule
and
especially
under
the
above‐cited
statute,
as
between
the
corporation
on
one
hand,
and
its
shareholders
and
third
persons
on
the
other,
the
corporation
looks
only
to
its
books
for
the
purpose
of
determining
who
its
shareholders
are,
so
that
a
mere
indorsee
of
a
stock
certificate,
claiming
to
be
the
owner,
will
not
necessarily
be
recognized
as
such
by
the
corporation
and
its
officers,
in
the
absence
of
express
instructions
of
the
registered
owner
to
make
such
transfer
to
the
indorsee,
or
a
power
of
attorney
authorizing
such
transfer.29
It
bears
stressing
under
the
present
circumstances
that
defendants
Lim
and
de
Mesa
merely
requested
the
transfer
of
the
subject
ACCI
shares
in
their
names
through
their
letters
addressed
to
the
plaintiff
ACCI.
Aside
from
the
proof
of
payment
for
the
purchase
of
the
subject
ACCI
shares
and
the
certificate
of
sale,
they
did
not
present
any
other
document
showing
that
defendant
Bank
of
America,
the
registered
owner
of
the
subject
ACCI
shares,
has
duly
indorsed
the
stock
certificates
in
their
favor.
Neither
was
there
any
proof
showing
that
defendant
Bank
of
America
has
assigned
the
subject
ACCI
shares
in
their
names.
In
fact,
defendant
Bank
of
America
itself
ordered
plaintiff
ACCI
not
to
make
any
transfer
or
disposition
of
the
subject
ACCI
shares.
Hence,
in
the
absence
of
any
express
instruction
of
25
Id.
26
The
Corporation
Code
of
the
Philippines
Annotated
by
Hector
S.
de
Leon,
2002
ed.,
pp.
556‐557
27
Rural
Bank
of
Salinas
vs.
Court
of
Appeals,
210
SCRA
510
28
Tay
vs.
Court
of
appeals,
GR
No.
126891,
5
August
1998
29
Id.
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
2
the
registered
owner
(defendant
Bank
of
America
in
this
case)
to
effect
the
transfer
of
the
shares
in
the
corporate
books,
no
new
stock
certificate
can
be
issued
in
favor
of
the
supposed
transferees
(defendants
Lim
and
de
Mesa
in
this
case).
Further,
the
plaintiff
ACCI
cannot
be
compelled
to
effect
the
transfer
of
the
subject
ACCI
shares
primarily
because
the
titles
of
defendants
Lim
and
de
Mesa
to
the
said
shares
are
uncertain
as
the
Regional
Trial
Court
and
all
its
agents
which
effected
the
writ
of
execution
under
which
the
levy
and
sale
of
the
subject
ACCI
shares
lays
its
basis,
were
enjoined
from
enforcing
the
writ.
There
is
no
doubt
that
the
requirement
for
the
registration
of
transfers
of
shares
in
the
corporate
books
is
intended
principally
for
the
benefit
and
protection
of
the
corporation
so
that
it
may
know
who
are
its
stockholders
to
whom
it
must
accord
the
right
granted
to
them
by
law
and
against
whom
it
can
enforce
any
liability
that
may
arise
from
ownership
of
stock.
However,
a
corporation
cannot
inquire
into
the
legality
or
propriety
of
a
transfer
of
its
shares
from
one
person
to
another.
In
case
of
conflicting
claims,
the
corporation,
for
its
protection,
may
demand
security
or
require
all
known
claimants
to
interplead.30
III
PLAINTIFF
ACCI
CANNOT
BE
HELD
LIABLE
FOR
MORAL
AND
EXEMPLARY
DAMAGES,
AS
WELL
AS
ATTORNEY’S
FEES
___________________________________
Moral
damages,
though
incapable
of
pecuniary
estimation,
are
in
the
category
of
an
award
designed
to
compensate
the
claimant
for
actual
injury
suffered
and
not
to
impose
a
penalty
on
the
wrongdoer.31
Under
Article
2217
of
the
New
Civil
Code,
moral
damages
include
physical
suffering,
mental
anguish,
fright,
serious
anxiety,
besmirched
reputation,
wounded
feelings,
moral
shock,
social
humiliation,
and
similar
injury.
Moral
damages
may
be
recovered
if
they
are
the
proximate
result
of
the
defendant’s
wrongful
act
or
omission.
Conversely,
moral
damages
cannot
be
recovered
from
a
person
who
has
filed
a
complaint
against
another
in
good
faith,
or
without
malice
or
bad
faith.32The
requisites
for
award
of
moral
damages
are:
1)
there
must
be
an
injury,
whether
physical,
mental
or
psychological,
clearly
sustained
by
the
claimant;
2)
there
must
be
a
culpable
act
or
omission
factually
established;
3)
the
wrongful
act
or
omission
of
the
defendant
is
the
proximate
cause
of
the
injury
sustained
by
the
claimant;
and
4)
the
award
of
damages
is
predicated
on
any
of
the
cases
stated
in
Article
2219
of
the
Civil
Code.33
Defendant
Lim
in
the
present
case
claims
that
he
is
entitled
to
moral
damages,
as
well
as
exemplary
damages
and
attorney’s
fees.
However,
it
is
submitted
that
such
claim
is
erroneous.
It
30
The
Corporation
Code
of
the
Philippines
Annotated
by
Hector
S.
de
Leon,
2002
ed.,
p.
569
31
Torts
and
Damages
(Annotated)
by
Dean
Ernesto
L.
Pineda,
2004
ed.,
p.
180
32
Grapilon
vs.
Municipal
Council,
2
SCRA
103
33
Industrial
Insurance
Co.,
Inc.
vs.
Bondoc,
330
SCRA
706
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
3
cannot
be
gainsaid
that
an
injury
was
sustained
by
defendant
Lim
as
a
result
of
the
filing
of
the
present
interpleader
action
by
the
plaintiff
ACCI.
Neither
is
the
present
case
attendant
of
any
of
the
acts
mentioned
in
Article
2219
of
the
New
Civil
Code
that
would
justify
the
award
of
moral
damages
in
favor
of
defendant
Lim.
To
repeat,
the
present
action
was
instituted
merely
to
determine
who
between
the
defendants
is
lawfully
entitled
to
be
recorded
as
the
registered
owner
of
the
subject
ACCI
shares
and
consequently
protect
the
plaintiff
ACCI
from
any
future
litigation
that
may
arise
as
a
direct
result
of
the
recording
or
non‐recording
of
the
transfer
of
the
subject
ACCI
shares.
In
fact,
defendant
Lim
stands
to
benefit
from
the
decision
of
this
Honorable
Court
as
the
issue
on
who
is
the
legal
and
rightful
owner
of
the
subject
ACCI
shares
will
be
finally
put
to
an
end.
Further,
the
worries
and
anxieties
of
a
defendant
in
a
litigation
that
was
not
maliciously
instituted
are
not
the
grounds
for
moral
damages
as
contemplated
in
the
law.34An
award
of
moral
damages
is
not
warranted
when
there
is
no
proof
of
malice
or
bad
faith
in
filing
the
action.35The
present
case
was
not
maliciously
instituted
by
plaintiff
ACCI.
The
only
purpose
for
filing
the
instant
action
for
interpleader
is,
again,
to
determine
who
is
entitled
to
be
recorded
in
the
corporate
books
as
the
club’s
stockholder.
Thus,
defendant
Lim’s
claim
that
the
filing
of
the
instant
suit
has
caused
him
to
suffer
sleepless
nights,
embarrassment,
mental
anxiety
and
moral
suffering
for
which
both
plaintiff
ACCI,
its
Board
Members,
including
the
Corporate
Secretary
and
defendant
Bank
of
America
should
be
liable
for
moral
damages,
has
no
leg
to
stand
on.
Corollary,
defendant
Lim
not
being
entitled
to
any
moral
damages,
he
is
likewise
not
entitled
to
any
exemplary
damages,
as
well
as
attorney’s
fees.
While
exemplary
damages
need
not
be
proved,
it
must
be
shown
that
the
claimant
is
entitled
to
moral,
temperate
or
compensatory
damages
before
the
court
may
consider
the
question
of
whether
or
not
exemplary
damages
should
be
awarded.36
As
to
the
attorney’s
fees,
the
same
cannot
be
consolidated
with
moral
damages
for
they
are
different
in
nature
and
each
must
be
separately
determined.37
IV
PLAINTIFF
ACCI
IS
ENTITLED
TO
RECOVER
ATTORNEY’S
FEES
AND
LITIGATION
COSTS
AS
A
RESULT
OF
THE
FILING
OF
THE
INSTANT
CASE
_________________________
Article
2208
(2)
of
the
New
Civil
Code
precisely
allows
for
the
recovery
of
attorney’s
fees
when
the
defendant’s
act
or
omission
has
compelled
the
plaintiff
to
litigate
with
third
persons
or
to
incur
expenses
to
protect
his
interest.38
In
Menzi
and
Co.
vs.
Bastida,39
it
was
ruled
that
the
costs,
expenses
34
Ramos
vs.
Ramos,
61
SCRA
284
35
Ricardo
vs.
Santos,
538
SCRA
1
36
Article
2234,
New
Civil
Code
37
Philippine
Veterans
Bank
vs.
NLRC,
317
SCRA
510
38
Escaño
vs.
Ortigas,
Jr.,
526
SCRA
26
39
63
Phil
16
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
4
and
attorney’s
fees
incurred
by
the
plaintiff
in
the
action
is
recoverable
from
the
defendant
who
loses
in
the
action
and
is
found
by
the
court
to
have
caused
the
unnecessary
litigation.
The
circumstances
under
the
present
case
calls
for
the
award
of
attorney’s
fees
and
litigation
expenses
as
by
reason
of
the
conflicting
claims
on
the
subject
ACCI
shares
of
the
defendants
Lim
and
de
Mesa
on
one
hand
and
the
Bank
of
America
on
the
other
hand,
plaintiff
ACCI
was
constrained
to
file
the
instant
legal
action
in
order
to
protect
its
interest
against
any
future
litigation
that
may
arise
from
the
recording
or
non‐recording
of
the
transfer
of
the
subject
ACCI
shares,
as
well
as
to
ultimately
determine
who
between
the
defendants
is
the
rightful
stockholder
of
the
club.
PRAYER
WHEREFORE,
premises
considered,
it
is
most
respectfully
prayed
unto
this
Honorable
Court
that
an
Order
be
issued
resolving
the
conflicting
claims
of
herein
Defendants
Benedict
Lim
and
Ricardo
de
Mesa
on
one
hand
and
Bank
of
America
on
the
other
hand
and
that
the
losing
party
be
ordered
to
pay
Plaintiff
ACCI
TWO
HUNDRED
FIFTY
THOUSAND
PESOS
(Php
250,000.00)
as
Attorney’s
fees
and
Litigation
costs.
Other
reliefs
as
may
be
deemed
just
and
equitable
under
the
premises
are
likewise
prayed
for.
RESPECTFULLY
SUBMITTED.
City
of
Makati
forMuntinlupa,
Philippines,
03
April
2009.
SANTO
LAW
OFFICE
Counsel
for
Plaintiff
Rm
314,
Ateneo
Professionals
Schools
Building,
Rockwell
Drive,
Rockwell
Center,
Makati
City
By:
JONATHAN
FRANCIS
NEPOMUCENO
PTR
No.
5111037
Roll
No.
6357
IBP
No.
12345
MCLE
No.
1246
MA.
ANGELA
LEONOR
AGUINALDO
PTR
No.
8996383
Roll
No.
6005
IBP
No.
23456
MCLE
No.
1235
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
5
JON
PAULO
SALVAHAN
PTR
No.
5587423
Roll
No.
6123
IBP
No.
34567
MCLE
No.
1257
RYAN
CHRISTOPHER
TEEHANKEE
PTR
No.
8571535
Roll
No.
6789
IBP
No.
45678
MCLE
No.
1279
Copy
Furnished:
NASTEE
LAW
OFFICE
Counsel
for
Defendant
Bank
of
America,
NT
&
SA
RM
315
Ateneo
Professional
Schools
Building
Rockwell
Drive,
Rockwell
Center,
1223
Makati
City
ATTY.
SALVADOR
T.
AMPARO
Counsel
for
Defendant
Benedict
Lim
NT
Center,
Mandaluyong
City
ATTY.
FRANCISCO
BALAGTAS
Counsel
for
Defendant
Ricardo
de
Mesa
Greenview
Corporate
Towers,
Taguig
City
(EXPLANATION)
FORMAL
OFFER
OF
EVIDENCE
The
court
shall
consider
no
evidence
which
has
not
been
formally
offered.
The
purpose
for
which
the
evidence
is
offered
must
be
specified.
(Section
34,
Rule
132)
Although
evidence
may
be
offered
orally,
it
has
been
a
trial
practice
to
require
the
submission
of
a
formal
offer
of
evidence
which
is
actually
a
written
offer
in
place
of
the
oral
offer
as
prescribed
in
the
Rules.
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
6
SAMPLE:
Formal
Offer
of
Evidence
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
REGIONAL
TRIAL
COURT
BRANCH
49,
CITY
OF
MAKATI
Hottie
Table
Inc.
(HTI)
represented
by
its
President,
Nancy
M.
Ramsey
Plaintiff,
‐versus‐
Civil
Case
No.
09‐23654
(For:
Sum
of
Money)
William
Toh
Go
Defendant.
xx‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐xx
FORMAL
OFFER
OF
EVIDENCE
Plaintiff,
through
counsel,
respectfully
offers
in
evidence
the
following
exhibits:
Exhibit
“1”
The
Board
Resolution
dated
28
This
will
be
used
to
show
the
legal
April
2006
indicating
that
HTI’s
standing
and
capacity
of
Mrs.
Ramsey
President,
Mrs.
Nancy
M.
Ramsey,
to
bring
the
present
suit
in
behalf
of
is
authorized
to
represent
the
HTI.
petitioner
Corporation.
Exhibit
“2‐B”
Demand
letter
dated
15
May
2005
This
is
to
serve
as
proof
of
demand
sent
by
Plaintiff
HTI’s
counsel
and
on
the
defendant’s
obligation
under
was
duly
received
by
the
the
above‐mentioned
promissory
defendant.
note.
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
7
Exhibit
“3‐B”
Demand
letter
dated
14
August
This
is
to
serve
as
proof
of
demand
2005
sent
by
Plaintiff
HTI’s
on
the
defendant’s
obligation
under
counsel
and
was
duly
received
by
the
above‐mentioned
promissory
the
defendant.
note.
Exhibit
“5‐A”
Registry
Return
Card
signed
by
This
will
serve
as
an
Mr.
Pedro
Domingo.
acknowledgement
of
the
defendant
of
the
service
of
summons
upon
him
Exhibit
“6”
Letter
of
the
defendant
William
This
will
be
used
as
evidence
of
the
Toh
Go
to
Plaintiff
HTI
dated
19
defendant’s
admission
of
December
2005
through
indebtedness
to
the
Plaintiff.
registered
mail
recognizing
his
indebtedness
under
the
aforesaid
promissory
notes.
Exhibit
“6‐A”
Registry
return
card
indicating
This
will
be
used
to
indicate
the
that
such
letter
was
duly
received
authenticity
of
the
letter
received
by
by
the
corporate
secretary
of
HTI.
the
Plaintiff.
WHEREFORE, it is most respectfully prayed that the foregoing exhibits presented during the trial
of the instant case be admitted in evidence.
Other reliefs just and equitable are likewise prayed for.
Muntinlupa City for Makati City, 30 January 2009.
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
8
Demetria
Sandoval
Counsel
for
Plaintiff
5th
Floor,
Madrigal
Business
Tower,
Madrigal
Business
Center,
Alabang,
Muntinlupa
City
IBP
O.R.
No.
23655‐01/03/08‐Muntinlupa
PTR
O.R.
No.
45321‐01/03/08‐Muntinlupa
MCLE
Compliance
No.
II‐0008776‐Nov.
17,
2007
(Proof
of
Service)
LEGAL
FORMS
IN
SPECIAL
PROCEEDINGS
SAMPLE:
Petition
for
Summary
Settlement
of
Estate
of
Small
Value
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
MUNICIPAL
TRIAL
COURT
MAKATI,
BRANCH
_____
SILAS
B.
ORTEGA
Petitioner,
Spec
Proc
Case
No.
__________
For:
Summary
Settlement
of
Estate
of
Small
Value
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
PETITION
FOR
SUMMARY
SETTLEMENT
OF
ESTATE
OF
SMALL
VALUE
PETITIONER,
by
undersigned
counsel,
and
to
this
Honorable
Court,
respectfully
avers:
1.
That
the
Petitioner,
of
legal
age,
Filipino,
married,
and
resident
of
No.
52
Araneta
St.
Makati
City,
is
the
father
of
recently
deceased
CATHERINE
L.
ORTEGA,
who
died
intestate
in
Makati
Medical
Center
on
12
January
2009;
2.
That
the
decedent
is
an
inhabitant
of
the
Philippines
and
a
resident
of
52
Araneta
St.
Makati
City
at
the
time
of
her
death;
1
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
9
3.
That
the
heirs
of
the
decedent
consist
only
of
her
parents,
to
wit:
Cara
P.
Ortega
Mother
39
52
Araneta
St.,
Makati
City
LAST
WILL
AND
TESTAMENT
of
MARIVIC
SANTOS
YU
KNOW
ALL
MEN
BY
THESE
PRESENTS:
I,
MARIVIC
S.
YU,
of
legal
age,
married
to
ROGER
M.
YU,
a
native
of
ANGELES,
PAMPANGA
now
actually
residing
at
No.
21
Rockwell
Avenue,
Makati
City,
being
of
sound
and
disposing
mind
and
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
0
memory,
and
not
acting
under
influence,
violence,
fraud
or
intimidation
of
whatever
kind,
declare
this
to
be
my
Last
Will
and
Testament
which
I
have
caused
to
be
written
in
English,
the
language
which
is
known
to
me.
And
I
hereby
declare
that:
1. The
following
are
my
children
and
their
addresses:
MARIO
S.
YU
456
Yakal
St.,
Makati
City,
Philippines
JOHANN S. YU 657 Olivia St., Makati City, Philippines
2. I
give
and
bequeath
to
my
children
MARIO
and
JOHANN
in
equal
shares,
the
following
properties,
real
and
personal,
whatsoever
and
wheresoever
located:
a. A
Parcel
of
Land
located
at
25
San
Miguel
Ave.,
Makati
City,
covered
by
TCT
No.
12344
b. A
Parcel
of
Land
located
at
256
San
Juan
Ave.,
Makati
City,
covered
by
TCT
No.
75859
c. 25
pieces
of
Gold
jewelry
with
diamond
studs
3. I
designate
MARIO
S.
YU
as
the
sole
executor
of
this
Last
Will
and
Testament.
IN
WITNESS
WHEREOF,
I
have
set
my
hand
this
20th
day
of
January
2009
in
Makati
City.
MARIVIC
S.
YU
Testator
ATTESTATION
CLAUSE
WE,
the
undersigned
witnesses,
whose
residences
are
stated
opposite
our
respective
names,
do
hereby
certify
that:
the
testator
MARIVIC
S.
YU
has
published
unto
us
the
foregoing
will
consisting
of
two
(2)
pages
numbered
correlatively
in
letters
on
the
upper
part
of
each
page,
as
her
last
will
and
testament
and
has
signed
the
same
and
every
page
thereof,
on
the
left
margin,
in
our
joint
presence
and
we,
in
turn,
at
her
request
have
witnessed
and
signed
the
same
and
every
page
thereof,
on
the
left
margin,
in
the
presence
of
the
testator
and
in
the
presence
of
each
other.
Juan
Alvarez
23
Rockwell
Drive,
Makati
City
Juan
Alvarez,
Jr.
23
Rockwell
Drive,
Makati
City
Juan
Alvarez
III
23
Rockwell
Drive,
Makati
City
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
1
(ACKNOWLEDGMENT)
SAMPLE:
Petition
for
Probate
of
Will
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
REGIONAL
TRIAL
COURT
BRANCH
_____,
MAKATI
CITY
SILAS
B.
ORTEGA
Petitioner,
Spec
Proc
No.
___________
FOR:
Probate
of
Will
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
PETITION
FOR
PROBATE
OF
WILL
PETITIONER,
by
undersigned
counsel,
and
to
this
Honorable
Court
respectfully
avers:
1.
That
the
petitioner,
of
legal
age,
and
resident
of
70
Lorenzo
St.,
Makati
City,
is
the
executor
named
in
the
last
will
and
testament
of
CARA
L.
ORTEGA,
deceased,
who
died
in
the
Makati
Medical
Center
on
January
12,
2009;
2.
That
a
photostatic
copy
of
the
said
last
will
and
testament
is
hereto
attached
as
Annex
“A”
and
made
an
integral
part
of
this
petition,
the
original
thereof
to
be
presented
to
this
Honorable
Court
at
the
time
of
probate;
3.
That
the
subscribing
witnesses
to
said
will
are:
Sheena
L.
Ting,
Paulo
Z.
Velasco
and
Doralinda
C.
Cortez,
all
of
whom
are
residents
of
Makati
City;
4.
That
the
decedent
is
an
inhabitant
of
the
Philippines
and
a
resident
of
70
Lorenzo
St.,
Makati
City
at
the
time
of
her
death;
5.
That
the
Petitioner,
named
in
the
will
as
executor
thereof,
is
legally
qualified
to
act
as
such
and
hereby
consents
and
agrees
to
accept
said
trust;
6.
That
the
following
persons,
all
of
age,
have
been
named
in
the
said
will
as
devisees
of
the
deceased,
to
wit:
Catherine
L.
Ortega
Daughter
24
70
Lorenzo
St.,
Makati
City
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
2
Dianne
L.
Ortega
Daughter
22
70
Lorenzo
St.,
Makati
City
Silas
L.
Ortega
Husband
51
70
Lorenzo
St.,
Makati
City
7.
That
the
property
left
by
the
decedent
consists
of
real
and
personal
property,
the
gross
value
of
which
is
Six
Hundred
Fifty
Thousand
One
Hundred
Thirty
Five
Pesos
(P650,135.00).
PRAYER
WHEREFORE,
it
is
respectfully
prayed:
1.
That,
upon
proper
notice
and
hearing,
the
abovementioned
Last
Will
and
Testament
be
admitted
to
probate;
2.
That
letters
testamentary
be
issued
to
herein
petitioner;
3.
That
such
other
relief
be
granted
as
may
be
deemed
just
and
equitable.
Makati
City,
28
January
2009.
OWEN
ALONZO
Counsel
for
the
Petitioner
Rm.
210
Moreno
Building,
No.
8
Amorsolo
St.,
Makati
City
PHIL.
BAR
ROLL
NO.
36530
PTR
NO.
A‐7279012/01‐19‐06/Q.C.
IBP
NO.
645906/01‐19‐06/Q.C.
MCLE
Compliance
Cert.
No.
12345678
(Verification
with
Certification
of
Non‐Forum
Shopping)
SAMPLE:
Petition
for
Escheat
REPUBLIC
OF
THE
PHILIPPINES
PROVINCE
OF
LAGUNA
REGIONAL
TRIAL
COURT
BRANCH
_____,
SAN
PABLO
CITY
In
the
matter
of
escheat
proceedings
of
the
estate
of
the
deceased
JUAN
BUNCAYO
Spec
Proc
No.
___________
For:
Escheat
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
3
PETITION
FOR
ESCHEAT
The
City
Prosecutor
of
SAN
PABLO
CITY
and
in
behalf
of
the
city
of
SAN
PABLO,
unto
this
Honorable
Court,
respectfully
avers
that:
1.
JUAN
BUNCAYO,
a
Filipino
citizen,
and
resident
of
the
City
of
San
Pablo,
Province
of
Laguna,
died
intestate
in
the
said
city
on
March
1,
2009.
2.
At
the
time
of
his
death,
he
left
real
property
in
the
City
of
San
Pablo,
Province
of
Laguna,
to
wit:
A
parcel
of
land
with
an
area
of
849,900
square
meters,
located
at
Barangay
San
Juan,
San
Pablo
City
covered
by
Transfer
Certificate
of
Title
No.
315442.
3.
He
left
no
heir
or
heirs
or
persons
who
by
law
are
entitled
to
inherit
his
real
property.
WHEREFORE,
it
is
respectfully
prayed
that,
upon
due
notice
and
hearing,
and
after
the
payment
of
his
just
debts
and
charges,
the
estate
of
the
deceased
JUAN
BUNCAYO
be
declared
escheated
in
favor
of
the
Government
in
accordance
with
law.
San
Pablo
City,
this
1st
day
of
April
2009.
MICHAEL
AMANTE
City
Prosecutor
SAMPLE:
Petition
for
Guardianship
of
a
Minor
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
REGIONAL
TRIAL
COURT
BRANCH
_____,
MAKATI
CITY
SILAS
B.
ORTEGA
Petitioner,
Spec
Proc
No.
___________
FOR:
Guardianship
of
a
Minor
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
PETITION
FOR
GUARDIANSHIP
OF
A
MINOR
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
4
PETITIONER,
by
undersigned
counsel,
and
to
this
Honorable
Court
respectfully
avers:
1.
That
the
Petitioner,
of
legal
age,
and
resident
of
25
Uruguay
St.
Makati
City,
is
the
father
of
the
minor
CARA
L.
ORTEGA,
(hereinafter
referred
to
as
“MINOR”);
2.
That
the
MINOR
is
presently
a
resident
of
the
City
of
Makati;
3.
That
the
MINOR
is
ten
(10)
years
of
age;
4.
That
the
MINOR
is
the
owner
of
a
parcel
of
land
located
in
the
City
of
Makati
valued
at
One
Million
Pesos
(P
1,000,000.00)
and
as
such
minor
can
make
no
transactions
regarding
the
same;
5.
That
the
nearest
of
kin
of
the
MINOR
are
the
following:
Carlo
L.
Ortega
18
Brother
25
Uruguay
St.
Makati
City
Carissa
L.
Ortega
14
Sister
25
Uruguay
St.
Makati
City
Silas
B.
Ortega
42
Father
25
Uruguay
St.
Makati
City
Mortezo
O.
Lim
70
Maternal
Grandfather
34
Aurora
St.
Quezon
City
Santisa
P.
Lim
67
Maternal
Grandmother
34
Aurora
St.
Quezon
City
6.
That
due
to
the
minority
of
the
said
MINOR,
it
is
necessary
and
convenient
that
a
guardian
over
her
person
and
property
be
appointed;
7.
That,
as
above
stated,
Petitioner
is
the
person
having
the
said
MINOR
in
his
care,
and
that
he
possesses
all
qualifications
of
a
person
to
who
letters
of
guardianship
should
issue;
8.
That
Petitioner
has
furnished
a
bond
amounting
to
One
Hundred
Thousand
Pesos
(P100,000.00)
or
Ten
Percent
(10%)
of
the
value
of
the
property
owned
by
the
MINOR.
PRAYER
WHEREFORE,
it
is
respectfully
prayed
that,
after
due
notice
and
hearing,
petitioner
be
appointed
guardian
over
the
estate
of
the
MINOR.
Makati
City,
28
January
2009.
OWEN
ALONZO
Counsel
for
the
Petitioner
Rm.
210
Moreno
Building,
No.
8
Amorsolo
St.,
Makati
City
PHIL.
BAR
ROLL
NO.
36530
PTR
NO.
A‐7279012/01‐19‐06/Q.C.
IBP
NO.
645906/01‐19‐06/Q.C.
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
5
MCLE Compliance Cert. No. 12345678
(Verification
with
Certification
of
Non‐Forum
Shopping)
SAMPLE:
Petition
for
Guardianship
of
an
Incompetent
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
REGIONAL
TRIAL
COURT
BRANCH
_____,
MAKATI
CITY
SILAS
B.
ORTEGA
Petitioner,
Spec
Proc
No.
___________
FOR:
Guardianship
of
an
Incompetent
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
PETITION
FOR
GUARDIANSHIP
OF
AN
INCOMPETENT
PETITIONER,
by
undersigned
counsel,
and
to
this
Honorable
Court
respectfully
avers:
1.
That
the
Petitioner,
of
legal
age,
and
resident
of
25
Uruguay
St.
Makati
City,
is
the
father
of
the
CARA
L.
ORTEGA,
(hereinafter
referred
to
as
“WARD”);
2.
That
the
WARD
is
presently
a
resident
of
the
City
of
Makati;
3.
That
the
WARD
is
deaf
and
dumb
who
is
unable
to
read
and
write;
4.
That
the
WARD
is
the
owner
of
a
parcel
of
land
located
in
the
City
of
Makati
valued
at
One
Million
Pesos
(P
1,000,000.00)
and
as
such
minor
can
make
no
transactions
regarding
the
same;
5.
That
the
nearest
of
kin
of
the
WARD
are
the
following:
Carlo
L.
Ortega
18
Brother
25
Uruguay
St.
Makati
City
Carissa
L.
Ortega
14
Sister
25
Uruguay
St.
Makati
City
Silas
B.
Ortega
42
Father
25
Uruguay
St.
Makati
City
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
6
Mortezo
O.
Lim
70
Maternal
Grandfather
34
Aurora
St.
Quezon
City
Santisa
P.
Lim
67
Maternal
Grandmother
34
Aurora
St.
Quezon
City
6.
That
due
to
the
said
WARD
being
incompetent,
it
is
necessary
and
convenient
that
a
guardian
over
her
person
and
property
be
appointed;
7.
That,
as
above
stated,
Petitioner
is
the
person
having
the
said
WARD
in
his
care,
and
that
he
possesses
all
qualifications
of
a
person
to
who
letters
of
guardianship
should
issue;
8.
That
Petitioner
has
furnished
a
bond
amounting
to
One
Hundred
Thousand
Pesos
(P
100,000.00)
or
Ten
Percent
(10%)
of
the
value
of
the
property
owner
by
the
WARD.
PRAYER
WHEREFORE,
it
is
respectfully
prayed
that,
after
due
notice
and
hearing,
petitioner
be
appointed
guardian
over
the
estate
of
the
WARD.
Makati
City,
28
January
2009.
OWEN
ALONZO
Counsel
for
the
Petitioner
Rm.
210
Moreno
Building,
No.
8
Amorsolo
St.,
Makati
City
PHIL.
BAR
ROLL
NO.
36530
PTR
NO.
A‐7279012/01‐19‐06/Q.C.
IBP
NO.
645906/01‐19‐06/Q.C.
MCLE
Compliance
Cert.
No.
12345678
(Verification
with
Certification
of
Non‐Forum
Shopping)
ADOPTION
(Domestic
Adoption
under
R.A.
No.
8552)
Step‐by‐Step
Procedure
for
Adoption:
1. Deed
of
Voluntary
Commitment
or
receipt
of
entry
of
judgment
in
case
of
involuntary
commitment:
A
child
is
committed
voluntarily
or
involuntarily
for
adoption.
2. Child
Study
Report:
Prepared
by
a
duly
licensed
and
accredited
social
worker
of
the
DSWD
or
of
a
child
caring
agency
recommends
that
the
child’s
best
interests
will
be
served
by
adoption.
3. Pre‐
Adoption
Seminar:
The
Domestic
Adoption
Act
provides
that
interested
adoptive
applicants
should
first
attend
the
Adoption
Forum
at
the
nearest
DSWD
Office
or
at
the
Kaisahang
Buhay
Foundation
(KBF).
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
7
4. Application
for
Adoption:
After
completing
the
required
pre‐adoption
seminars,
the
adoptive
parents
file
the
adoption
application
with
the
DSWD,
a
social
service
office
of
a
local
government
unit,
or
a
licensed
and
accredited
child‐placing
agency.
(Available
online
at
http://eservices.dswd.gov.ph/modules/forms/apply.php)
5. Home
Study
Report:
The
adoptive
parents
then
make
arrangements
for
a
home
study
to
be
conducted
by
the
DSWD
or
a
child‐placing
agency.
6. Matching:
Matching
of
the
child
to
the
adoptive
parents
is
conducted
by
the
DSWD.
7. Placement:
The
child
is
placed
with
the
prospective
adoptive
parents
once
the
pre‐adoption
placement
authority
has
been
issued.
This
period
of
custody
is
known
as
supervised
trial
custody.
8. Consent
to
Adoption:
At
the
conclusion
of
the
trial
period,
the
DSWD
issues
its
written
consent
to
adoption.
9. Petition
for
adoption:
Once
the
adoptive
parents
have
received
the
consent
to
adopt,
they
must
file
an
adoption
petition
with
the
Regional
Trial
Court
within
thirty
days.
Upon
approval
of
the
adoption,
the
court
issues
an
adoption
decree
and
enters
a
judgment.
10. Authorization
to
travel
abroad:
Once
the
adoption
is
final,
the
DSWD
will
issue
written
authorization
for
the
child
to
travel
abroad.
The
birth
certificate
of
the
child
is
also
amended
to
reflect
the
names
of
the
adoptive
parents.
Documentary
Requirements:
For
DSWD
Application
for
Adoption:
1. Authenticated
Birth
Certificate
2. Marriage
Contract
or
Divorce,
Annulment,
Declaration
of
Nullity,
or
Legal
Separation
documents
3. Written
consent
to
the
adoption
by
the
legitimate
and
adopted
sons/daughters,
and
illegitimate
sons/daughters
if
living
with
the
applicant,
who
are
at
least
ten
(10)
years
old
4. Physical
and
medical
evaluation
by
a
duly
licensed
physician
and
when
appropriate,
psychological
evaluation
5. NBI/Police
Clearance
6. Latest
income
tax
return
or
any
other
documents
showing
financial
capability,
e.g.,
Certificate
of
Employment,
Bank
Certificate
or
Statement
of
Assets
and
Liabilities
7. Three
(3)
character
references,
namely:
the
local
church/minister,
the
employer,
and
a
non‐
relative
member
of
the
immediate
community
who
have
known
the
applicant(s)
for
at
least
three
(3)
years
8. 3x5
sized
pictures
of
the
applicant(s)
and
his/her
immediate
family
taken
within
the
last
three
(3)
months
9. Certificate
of
attendance
to
pre‐adoption
fora
or
seminars
In
addition,
foreign
nationals
shall
submit
the
following:
10. Certification
that
the
applicant(s)
have
legal
capacity
to
adopt
in
his/her
country
and
that
his/her
country
has
a
policy,
or
is
a
signatory
of
an
international
agreement,
which
allows
a
child
adopted
in
the
Philippines
by
its
national
to
enter
his/her
country
and
permanently
reside
therein
as
his/her
legitimate
child
which
may
be
issued
by
his/her
country’s
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
8
diplomatic
or
consular
office
or
central
authority
in
inter‐country
adoption
or
any
government
agency
which
has
jurisdiction
over
child
and
family
matters;
or
in
the
absence
of
any
of
the
foregoing,
the
Philippine
Inter‐country
Adoption
Board
may
also
certify
that
the
Philippines
and
the
applicants’
country
has
an
existing
agreement
or
arrangement
on
inter‐country
adoption
whereby
a
child
who
has
been
adopted
in
the
Philippines
or
has
a
pre‐adoption
placement
approved
by
the
Board
is
allowed
to
enter
and
remain
as
permanent
resident
in
the
applicant’s
country
as
his/her
legitimate
child
11. Certificate
of
Residence
in
the
Philippines
issued
by
the
Bureau
of
Immigration
or
Department
of
Foreign
Affairs,
as
appropriate
12. Two
(2)
character
references
from
non‐relatives
who
knew
the
applicant(s)
in
the
country
of
which
he/she
is
a
citizen
or
was
a
resident
prior
to
residing
in
the
Philippines,
except
for
those
who
have
resided
in
the
Philippines
for
more
than
fifteen
(15)
years
13. Police
Clearance
from
all
places
of
residence
in
the
past
two
years
immediately
prior
to
residing
in
the
Philippines
Requirements
of
Petition
for
Adoption
1. Certificate
of
Availability
of
Child
for
Adoption
from
the
DSWD
2. Petition
for
Adoption
(Source:
Implementing
Rules
and
Regulations
of
R.A.
No.
8552;
The
Domestic
Adoption
Act
of
1998)
SAMPLE:
Deed
of
Voluntary
Commitment
DEED
OF
VOLUNTARY
COMMITMENT
I,
MADONNA
CICCONE,
of
legal
age,
widow,
temperate
at
all
times
and
in
full
possession
of
my
mental
powers,
hereby
declare:
That
I
am
the
legitimate
mother
of
the
minor
JENNIFER
ANISTON,
five
(5)
years
old,
whose
father
is
now
deceased;
That
due
to
my
inability
to
support
said
child,
and
believing
it
would
be
for
her
own
interest
and
benefit,
I
hereby
give
my
written
consent,
freely
and
voluntarily,
that
said
child
be
committed
to
the
Department
of
Social
Welfare
and
Development
for
adoption,
in
accordance
with
law.
Makati
City,
1
April
2008.
MADONNA
CICCONE
(JURAT)
1
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
9
SAMPLE: Petition for Domestic Adoption of Minor
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
REGIONAL
TRIAL
COURT
BRANCH
_____,
MAKATI
CITY
BRAD
PITT
and
ANGELINA
JOLIE
Petitioners,
Spec
Proc
No.
___________
For:
Domestic
Adoption
of
a
Minor
xx
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
xx
PETITION
FOR
DOMESTIC
ADOPTION
OF
MINOR
The
petitioners,
through
the
undersigned
attorney,
and
unto
this
Honorable
Court,
respectfully
avers
that:
1.
The
petitioners
BRAD
PITT
and
ANGELINA
JOLIE
are
husband
and
wife,
Filipinos,
both
of
age,
and
residents
of
No.
35
Rockwell
Drive,
Rockwell
Center,
Makati
City.
2.
They
have
no
legitimate
children
or
descendants
and
hereby
desire
to
jointly
adopt
a
minor,
named
JENNIFER
ANISTON,
five
(5)
years
of
age,
legitimate
child
of
MADONNA
CICCONE
and
JESUS
LUZ.
3.
The
father
of
the
said
minor
is
now
dead,
and
only
her
mother,
named
MADONNA
CICCONE,
is
alive.
4.
The
said
mother,
MADONNA
CICCONE,
is
not
insane,
nor
intemperate
and
has
executed
a
Deed
of
Voluntary
Commitment,
as
evidenced
by
Annex
“A”,
hereto
attached
and
made
an
integral
part
of
this
petition.
5.
The
Department
of
Social
Welfare
and
Development
has
issued
a
Certificate
of
Availability
for
Adoption
certifying
that
the
minor
JENNIFER
ANISTON
is
available
for
adoption,
as
evidenced
by
Annex
“B”,
hereto
attached
and
made
an
integral
part
of
this
petition.
6.
The
petitioners
are
qualified
to
adopt
the
said
minor
and
have
complied
with
the
requirements
under
the
Domestic
Adoption
Act
of
1998
(R.A.
No.
8552),
and
will
be
able
to
financially
and
morally
bring
up
and
educate
said
minor
properly
and
adequately.
WHEREFORE,
it
is
respectfully
prayed,
that
upon
due
notice
and
hearing,
judgment
be
entered
adjudging
that
the
minor
child
JENNIFER
ANISTON
be
declared
to
all
legal
intents
and
purposes,
the
child
of
the
herein
petitioners
BRAD
PITT
and
ANGELINA
JOLIE,
and
that
her
surname
be
changed
to
that
of
the
petitioners.
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
0
Makati
City,
1st
day
of
April
2009.
GUY
RITCHIE
Counsel
for
the
Petitioner
Rm.
210
Moreno
Building,
No.
8
Amorsolo
St.,
Makati
City
PHIL.
BAR
ROLL
NO.
36530
PTR
NO.
A‐7279012/01‐19‐06/Q.C.
IBP
NO.
645906/01‐19‐06/Q.C.
MCLE
Compliance
Cert.
No.
12345678
ADOPTION
(Inter‐Country
Adoption
under
R.A.
No.
8043)
An
application
to
adopt
a
Filipino
child
shall
be
filed
either
with
the
Philippine
Regional
Trial
Court
having
jurisdiction
over
the
child,
or
with
the
Board,
through
an
intermediate
agency,
whether
governmental
or
an
authorized
and
accredited
agency,
in
the
country
of
the
prospective
adoptive
parents,
which
application
shall
be
in
accordance
with
the
requirements
as
set
forth
in
the
implementing
rules
and
regulations
to
be
promulgated
by
the
Board.
Documentary
Requirements
for
Application
with
the
Inter‐Country
Adoption
Board
(ICAB):
1. Application
Form.
An
application
form
prescribed
by
the
Board,
which
includes
the
following,
shall
be
accomplished
by
the
husband
and
wife:
Undertaking
under
oath
signed
by
the
applicants,
and
Information
and
Personal
Data
of
the
Applicants
2. Home
Study
Report
to
be
prepared
by
the
Central
Authority
or
an
ICAB
accredited
Foreign
Adoption
Agency
3. Supporting
Documents.
The
supporting
documents
to
be
attached
to
the
Application
shall
consist
of
the
following:
a. Birth
Certificates
of
the
Applicants
and,
in
cases
of
relative
adoption,
such
relevant
documents
that
establish
the
relationship
between
the
applicant
claiming
relationship
to
the
child
to
be
adopted
b. Marriage
Contract
of
the
applicants,
and
in
the
proper
case,
Decree
of
Divorce
of
all
the
previous
marriages
of
both
spouses
c. Written
consent
to
the
adoption
in
the
form
of
a
sworn
statement
by
the
biological
and/or
adopted
children
of
the
applicants
who
are
ten
(10)
years
of
age
or
over
d. Physical
and
medical
evaluation
by
a
duly
licensed
physician
e. Psychological
evaluation
by
a
psychologist
f. Latest
income
tax
return
or
other
documents
showing
the
financial
capability
of
the
applicant
g. Clearances
issued
by
the
Police
Department
or
other
proper
government
agency
of
the
place
where
the
applicants
reside
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
1
h. Character
reference
from
the
local
church/minister,
the
applicant’s
employer
and
a
member
of
the
immediate
community
who
has
known
the
applicant(s)
for
at
least
five
(5)
years
i. A
Certification
from
the
appropriate
government
agency
that
the
applicant
is
qualified
to
adopt
under
his/her
national
law
and
that
the
child
to
be
adopted
is
allowed
to
enter
the
country
for
trial
custody
and
reside
permanently
in
the
said
place
once
adopted
j. Recent
postcard
size
pictures
of
the
applicant,
their
immediate
family
members
and
their
home
k. Self‐Report
Questionnaire
(required
when
the
Psychological
Evaluation
is
inadequate)
(Source:
Implementing
Rules
and
Regulations
of
R.A.
No.
8043;
The
Inter‐Country
Adoption
Act
of
1995)
SAMPLE:
Petition
for
Adoption
of
Minor
(Inter‐Country)
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
REGIONAL
TRIAL
COURT
BRANCH
_____,
MAKATI
CITY
BRAD
PITT
and
ANGELINA
JOLIE
Petitioners,
Spec
Proc
No.
___________
FOR:
Domestic
Adoption
of
a
Minor
xx
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
xx
PETITION
FOR
ADOPTION
OF
MINOR
The
petitioners,
through
the
undersigned
attorney,
and
unto
this
Honorable
Court,
respectfully
avers
that:
1.
The
petitioners
BRAD
PITT
and
ANGELINA
JOLIE
are
husband
and
wife,
forty
(40)
years
and
thirty
five
(35)
years
of
age,
respectively,
and
residents
of
New
York
City,
United
States
of
America.
2.
They
have
no
legitimate
children
or
descendants
and
hereby
desire
to
jointly
adopt
a
minor,
named
JENNIFER
ANISTON,
Filipino,
five
(5)
years
of
age,
legitimate
child
of
MADONNA
CICCONE
and
JESUS
LUZ.
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
2
3.
The
father
of
the
said
minor
is
now
dead,
and
only
her
mother,
named
MADONNA
CICCONE,
is
alive.
4.
The
said
mother,
MADONNA
CICCONE,
is
not
insane,
nor
intemperate
and
has
executed
a
Deed
of
Voluntary
Commitment,
as
evidenced
by
Annex
“A”,
hereto
attached
and
made
an
integral
part
of
this
petition.
5.
The
Department
of
Social
Welfare
and
Development
has
issued
a
Certificate
of
Availability
for
Adoption
certifying
that
the
minor
JENNIFER
ANISTON
is
available
for
adoption,
as
evidenced
by
Annex
“B”,
hereto
attached
and
made
an
integral
part
of
this
petition.
6.
All
possibilities
for
adoption
of
the
child
under
the
Family
Code
have
been
exhausted
and
that
inter‐country
adoption
is
in
the
best
interest
of
the
child.
7.
The
petitioners
are
qualified
to
adopt
the
said
minor
and
have
complied
with
the
requirements
under
the
Inter‐Country
Adoption
Act
of
1995
(R.A.
No.
8043),
and
will
be
able
to
financially
and
morally
bring
up
and
educate
said
minor
properly
and
adequately.
WHEREFORE,
it
is
respectfully
prayed,
that
upon
due
notice
and
hearing,
judgment
be
entered
adjudging
that
the
minor
child
JENNIFER
ANISTON
be
declared
to
all
legal
intents
and
purposes,
the
child
of
the
herein
petitioners
BRAD
PITT
and
ANGELINA
JOLIE,
and
that
her
surname
be
changed
to
that
of
the
petitioners.
Makati
City,
1st
day
of
April
2009.
GUY
RITCHIE
Counsel
for
the
Petitioner
Rm.
210
Moreno
Building,
No.
8
Amorsolo
St.,
Makati
City
PHIL.
BAR
ROLL
NO.
36530
PTR
NO.
A‐7279012/01‐19‐06/Q.C.
IBP
NO.
645906/01‐19‐06/Q.C.
MCLE
Compliance
Cert.
No.
12345678
SAMPLE:
Petition
for
Hospitalization
of
Insane
Person
REPUBLIC
OF
THE
PHILIPPINES
NATIONAL
CAPITAL
JUDICIAL
REGION
REGIONAL
TRIAL
COURT
BRANCH
_____,
MAKATI
CITY
DIRECTOR
OF
HEALTH,
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
3
Petitioner,
Spec
Proc
No.
___________
For:
Hospitalization
of
Insane
Person
xx
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
xx
PETITION
FOR
HOSPITALIZATION
OF
INSANE
PERSON
The
Director
of
Health,
by
the
undersigned
City
Prosecutor
of
Makati
City,
unto
this
Honorable
Court,
respectfully
avers
that:
1.
The
petitioner
is
the
duly
appointed
Director
of
Health
of
the
Government
of
the
Philippines,
with
office
in
the
City
of
Manila.
2.
A
person
named
EDDIE
GIL,
presently
residing
at
123
J.P.
Rizal
St.
Makati
City,
is
insane
and
it
would
be
for
the
welfare
and
safety
of
the
public
that
he
be
committed
to
an
insane
asylum.
3.
The
relatives
of
the
said
insane
and
those
who
have
charge
of
him,
particularly,
NIKKI
GIL,
now
residing
at
123
J.P.
Rizal
St.
Makati
City,
are
opposed
to
the
insane's
being
taken
to
a
hospital
or
other
place
for
the
insane,
and
are,
otherwise,
unable
to
take
proper
custody
and
care
of
said
insane.
WHEREFORE,
it
is
respectfully
prayed,
that
after
due
hearing,
an
order
be
issued
committing
said
EDDIE
GIL
to
an
insane
asylum
in
the
City
of
Manila
until
such
time
as
he
may
be
cured
of
his
insanity
and
released
without
danger
to
the
community.
Makati
City,
1st
day
of
April,
2009.
JOHN
BINAY
City
Prosecutor
SAMPLE:
Petition
for
Habeas
Corpus
Republic
of
the
Philippines
COURT
OF
APPEALS
Manila
In
the
Matter
of
the
Petition
for
Habeas
Corpus
in
favor
of
GABRIEL
GARCIA
MARQUEZ
SP
Case
No.
______
ISABEL
ALLENDE
MARQUEZ
Petitioner,
xx
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐xx
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
4
PETITION
FOR
HABEAS
CORPUS
Petitioner,
by
counsel,
to
this
Honorable
Court,
respectfully
states:
PREFATORY
STATEMENT
The
petitioner
in
this
case
represents
her
father,
Gabriel
Garcia
Marquez
who
was
forcibly
abducted
and
arbitrarily
detained
by
the
respondents.
Gabriel
Garcia
Marquez
had
been
a
physician
since
the
1980’s,
seeking
to
cure
the
diseases
in
rural
poor
communities
before
he
was
illegally
arrested
and
abducted.
His
unlawful
arrest
and
enforced
disappearance
happened
on
the
occasion
of
the
government
initiative
to
launch
an
all
out
war
against
those
critical
of
its
policies,
which
has
resulted
in
unabated
extrajudicial
killings,
abductions,
political
persecution
and
violations
of
civil
and
political
rights
of
the
people.
Since
his
fundamental
rights
have
been
desecrated,
he,
represented
by
petitioner,
now
seeks
the
protection
and
restoration
of
their
rights
through
this
petition.
THE
PARTIES
1. Petitioner
ISABEL
ALLENDE
MARQUEZ
is
a
resident
Filipina,
of
legal
age,
and
she
represents
herein
her
father,
GABRIEL
GARCIA
MARQUEZ,
48
years
old.
The
petitioner
may
be
served
with
all
notices,
orders,
resolutions
and
other
legal
processes
of
this
Honorable
Court
through
the
office
address
of
the
undersigned
counsel.
2. The
following
respondents
are
being
impleaded
because
of
their
participation,
role
and
position
in
the
formulation
and
implementation
of
the
government’s
all‐out
war
policy
against
suspected
rebels
and
political
activists
resulting
in
various
human
rights
violations,
including
the
forcible
abduction,
illegal
arrest
and
detention
of
GABRIEL
GARCIA
MARQUEZ.
3. Respondent
Gen.
HERMOGENES
ESPERON
is
the
current
Chief
of
Staff
of
the
Armed
Forces
of
the
Philippines
(AFP).
He
may
be
served
with
notices,
decisions
and
other
legal
processes
of
this
Honorable
Court
at
Camp
Aguinaldo,
Quezon
City.
4. Respondent
Gen.
JESUS
VERZOSA
is
of
legal
age
and
the
incumbent
Director
General
of
the
Philippine
National
Police
(PNP).
He
may
be
served
with
notices,
decisions
and
other
legal
processes
of
this
Honorable
Court
at
the
PNP
Headquarters
at
Camp
Crame,
Quezon
City.
5. Respondent
Lt.
Gen.
ALEXANDER
YANO
is
the
current
Chief
of
the
Philippine
Army
(PA).
He
may
be
served
with
notices,
decisions
and
other
legal
processes
of
this
Honorable
Court
at
Fort
Bonifacio,
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
5
Taguig
City.
6. The
respondent
Col.
EDUARDO
AÑO
is
of
legal
age
and
is
the
Head
of
the
Philippine
Army’s
Intelligence
and
Security
Group
(PA‐ISG).
The
processes
of
this
Most
Honorable
Court
may
reach
the
respondent
in
his
office
at
the
Philippine
Army
Headquarters
at
Fort
Bonifacio,
Taguig
City.
His
office
is
responsible
for
the
government’s
implementation
of
the
all‐out
war
policy
against
suspected
rebels
and
political
activists.
STATEMENT
OF
FACTS
ON
THE
ABDUCTION
OF
GABRIEL
GARCIA
MARQUEZ
7. GABRIEL
GARCIA
MARQUEZ
studied
from
1978‐1981
at
the
Ateneo
De
Manila
University.
Inspired
and
encouraged
by
the
Jesuit
brothers
to
serve
the
poor
and
oppressed
people
in
the
rural
areas,
GABRIEL
GARCIA
MARQUEZ
decided
to
work
in
the
rural
communities
of
the
Cordillera
Region.
8. He
continued
to
work
in
the
rural
communities
until
his
forcible
abduction
and
arbitrary
detention
by
the
respondent
military
officers
and
police
on
April
1,
2009.
9. The
following
are
the
circumstances
behind
the
abduction
of
GABRIEL
GARCIA
MARQUEZ
and
his
continued
unlawful
and
arbitrary
detention,
as
well
as
the
efforts
of
his
family
and
concerned
organizations
to
determine
his
whereabouts.
10. On
1
April
2009
in
St.
Luke’s
Medical
Center,
Quezon
City,
at
around
4
p.m.
to
5
p.m.,
GABRIEL
GARCIA
MARQUEZ
was
leaving
the
Medical
Arts
Building
after
he
conducted
a
lecture.
11. Eight
(8)
men
wearing
black
uniforms,
who
some
witnesses
claim
were
emblazoned
“Police”
and
“CIDG,”
emerged
from
a
black
L‐300
van
that
was
positioned
at
the
vicinity
of
the
clinic’s
entrance.
The
men
then
punched
GABRIEL
GARCIA
MARQUEZ
and
forcibly
shoved
him
into
the
waiting
van.
12. The
black
van
that
had
a
special
number
“8”plate
number
quickly
sped
away
in
the
direction
of
EDSA.
The
uniformed
men
expertly
carried
out
the
abduction
of
GABRIEL
GARCIA
MARQUEZ
in
less
than
ten
(10)
minutes.
13. The
captors
of
GABRIEL
GARCIA
MARQUEZ
subjected
him
to
seventy‐two
(72)
hours
of
physical
and
psychological
torture
as
he
was
in
handcuffs,
blindfolded,
threatened
with
bodily
harm
to
himself
and
his
daughter,
linked
to
live
electric
wires,
burnt
with
cigarettes,
forced
to
confess
and
identify
her
alleged
subversive
activities
as
well
as
subjected
to
extremely
high
volumes
of
April
Boy
Regino,
Salbakuta
and
Lito
Camo
jingles.
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
6
14. Petitioner
ISABEL
ALLENDE
MARQUEZ
learned
of
her
father’s
illegal
abduction
and
the
governmental
agency
that
held
her
captive
while
watching
GMA7’s
news
update
at
around
8
p.m.
of
that
day.
Here,
the
Armed
Forces
of
the
Philippines,
through
respondent
Gen.
Hermogenes
Esperon,
announced
that
the
Intelligence
and
Security
Group
of
the
Philippine
Army
(PA‐ISG)
have
captured
GABRIEL
GARCIA
MARQUEZ
and
that
he
was
in
a
detention
facility
in
Fort
Bonifacio.
15. The
petitioner
and
members
of
the
human
rights
organization
Ateneo
Human
Rights
Center
(AHRC)
then
went
to
Fort
Bonifacio
to
ascertain
the
condition
of
GABRIEL
GARCIA
MARQUEZ.
Upon
reaching
this
Army
camp,
they
were
directed
to
the
office
of
Lt.
Gen.
Alexander
Yano
who
issued
a
certification
that
GABRIEL
GARCIA
MARQUEZ
was
not
within
the
confines
of
the
Army
Headquarters
at
Fort
Bonifacio.
He
encouraged
the
petitioner
to
return
the
next
day.
16. When
petitioner
and
the
AHRC
members
arrived
at
around
11:00
a.m.
on
3
April
2009
at
Fort
Bonifacio,
the
Lt.
Gen.
Yano
directed
them
to
the
Army
Officers’
Clubhouse
where
ranking
officials
of
the
police
and
military
were
to
present
GABRIEL
GARCIA
MARQUEZ
in
a
press
conference.
17. Lt.
Gen.
Alexander
Yano
and
Gen.
Jesus
Verzosa
said
in
the
press
conference
that
members
of
the
16th
Infantry
Division
of
the
Philippine
Army
lawfully
arrested
GABRIEL
GARCIA
MARQUEZ
in
St.
Luke’s
Medical
Center,
Quezon
City,
allegedly
on
the
basis
of
a
warrant
of
arrest
for
Rebellion
that
different
courts
from
the
Cordillera
Autonomous
Region
allegedly
issued
against
him.
18. Though
Lt.
Gen.
Alexander
Yano
stated
the
docket
numbers
for
the
specific
offense
of
Rebellion
during
the
3
April
2009
press
conference,
there
was
no
mention
of
the
court
that
issued
the
arrest
warrants
that
validated
GABRIEL
GARCIA
MARQUEZ’s
continued
confinement.
19. Moreover,
the
warrant
that
the
PNP‐CIDG
released
appears
dubious
and
highly
irregular.
It
was
purportedly
issued
by
Judge
Emilio
Jacinto
on
11
March
1999
in
the
case
of
rebellion
entitled
People
v.
Kurtis
Vonnegut
alias
Vonvon,
et
al.,
docketed
as
Crim.
Case
No.
99‐0311
filed
before
the
Municipal
Trial
Court
of
Bangued,
Abra.
GABRIEL
GARCIA
MARQUEZ’s
name
appears
on
the
list
at
number
three
(3),
with
bail
recommended
at
Twenty
Thousand
Pesos
(P
20,000.00).
20. The
AHRC
discovered
that
the
case
was
passed
around
in
different
courts.
However,
upon
verification
from
the
Office
of
the
Clerk
of
Court
of
the
Regional
Trial
Court
of
Lacub,
Abra,
the
records
of
this
Rebellion
case
against
GABRIEL
GARCIA
MARQUEZ
are
not
in
their
custody
and
could
not
be
found.
21. GABRIEL
GARCIA
MARQUEZ
through
counsel
requested
from
the
respondent
PNP
officers
to
furnish
copies
of
all
the
documents
that
would
justify
his
arrest
and
continued
detention.
Unfortunately,
the
respondents
made
no
response
to
this
request.
22. All
of
these
events
point
to
the
obvious
fact
that
GABRIEL
GARCIA
MARQUEZ
was
abducted
without
the
benefit
of
a
valid
subsisting
warrant
and
neither
were
his
rights
as
a
citizen
respected
when
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
7
State
security
forces
took
him
into
custody
on
1
April
2009.
It
is
likewise
worthwhile
to
note
that
policemen
in
plainclothes
accosted
the
AHRC
in
the
Bangued,
Abra,
who
were
trying
to
confirm
the
existence
of
the
criminal
cases
against
GABRIEL
GARCIA
MARQUEZ.
23. The
foregoing
circumstances
serve
to
engender
the
well‐founded
belief
that
the
respondents
and
their
agents
are
responsible
for
the
abduction
of
GABRIEL
GARCIA
MARQUEZ
despite
the
fact
that
he
has
not
committed,
was
not
then
committing
and
was
not
attempting
to
commit
any
offense
that
called
for
his
arrest
or
deprivation
of
liberty
in
the
absence
of
any
formal
charge
or
valid
judicial
warrant.
24. At
no
point
in
time
was
GABRIEL
GARCIA
MARQUEZ
apprised
of
his
rights
incident
to
an
arrest
as
enumerated
in
the
landmark
case
of
Miranda
v.
Arizona,
and
embodied
in
the
Bill
of
Rights
under
the
Philippine
Constitution.
The
purported
warrants
themselves
were
never
presented
to
GABRIEL
GARCIA
MARQUEZ
at
the
time
of
the
abduction.
25. As
no
court
of
law
has
validly
issued
a
warrant
for
the
arrest
of
GABRIEL
GARCIA
MARQUEZ,
for
any
crime
whatsoever,
his
confinement
under
the
circumstances
recounted
above
is
therefore
patently
illegal.
26. The
petitioner,
with
her
family,
AHRC,
and
counsel,
have
exhausted
all
efforts
available
at
law,
and
she
has
no
plain,
speedy
and
adequate
remedy
to
protect
the
fundamental
rights
of
her
father
except
through
this
application
for
the
issuance
of
a
Writ
of
Habeas
Corpus
to
require
the
respondents
to
bring
and
present
GABRIEL
GARCIA
MARQUEZ
before
this
Honorable
Court.
27. Lt.
Gen.
Alexander
Yano
announced
during
the
press
conference
that
they
would
transfer
his
custody
over
to
any
of
the
courts
in
Cordillera
Region
that
allegedly
issued
the
warrants
of
arrest.
Considering
that
the
warrant
presented
to
the
petitioner
are
all
invalid,
dubious
and
non‐existent,
the
declaration
of
GABRIEL
GARCIA
MARQUEZ’s
transfer
to
Cordillera
will
put
her
life
in
mortal
danger
since,
in
the
unequivocal
pronouncement
of
Mr.
Philip
Alston,
the
United
Nations
Special
Rapporteur
on
extrajudicial
killings,
the
AFP
has
the
reputation
of
dealing
severely
with
perceived
rebels.
PRAYER
WHEREFORE,
premises
considered,
the
petitioner
respectfully
prays
that
this
Honorable
Court
issue
a
Writ
of
Habeas
Corpus
directing
the
respondents,
or
whoever
acts
in
their
place
or
stead,
to
appear
before
this
Honorable
Court
and
to
produce
GABRIEL
GARCIA
MARQUEZ
in
good
health,
and
to
explain
forthwith
why
the
respondents
should
not
set
GABRIEL
GARCIA
MARQUEZ
at
liberty
without
delay.
Other
forms
of
relief
just
and
equitable
under
the
premises
are
likewise
prayed
for.
Makati
City,
April
9,
2009.
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
8
ATENEO
HUMAN
RIGHTS
CENTER
Counsel
for
the
petitioner
1/F
Ateneo
Professional
Schools
Bldg.,
20
Rockwell
Drive,
Rockwell
Center,
Makati
City
1210
Telefax
No.
1234567;
Email:
email@email.com
By:
CAROL
BELLO
IBP
No.
733286;
1‐07‐08;
Marikina
PTR
No.
0986236;
1‐04‐08;
Makati
Roll
No.
13366
MCLE
Compliance
No.
123454
LOVELY‐ANN
CARLOS‐IMBONG
IBP
No.
733285;
1‐07‐08;
Makati
PTR
No.
0986237;
1‐04‐08;
Makati
Roll
No.
39818
MCLE
Compliance
No.
123473
Copy
furnished:
Gen.
HERMOGENES
ESPERON
CHIEF
OF
STAFF
OF
THE
AFP
Camp
Aguinaldo,
Quezon
City
Gen.
JESUS
VERZOSA,
JR.
DIRECTOR
GENERAL
OF
THE
PNP
PNP
Headquarters,
Camp
Crame,
Quezon
City
Lt.
Gen.
ALEXANDER
YANO
CHIEF
OF
THE
PHILIPPINE
ARMY
Fort
Bonifacio,
Taguig
City
Col.
EDUARDO
AÑO
HEAD
PA‐INTELLIGENCE
AND
SECURITY
GROUP
Army
Headquarters
Fort
Bonifacio,
Taguig
City
EXPLANATION
OF
SERVICE
BY
REGISTERED
MAIL
1
[LEGAL
FORMS
MANUAL]
4
ATENEO
LAW
3D
’08‐‘09
9
Pursuant
to
Section
11,
Rule
13
of
the
1997
Rules
of
Court,
copies
of
this
Petition
were
served
upon
the
other
parties
by
registered
mail
because
of
distance
and
unavailability
of
messengerial
services
to
effect
personal
service.
For
the
Ateneo
Human
Rights
Center:
CAROL
BELLO
(Verification
with
Certification
of
Non‐Forum
Shopping)
SAMPLE:
Petition
for
Writ
of
Amparo
and
Writ
of
Habeas
Corpus
REPUBLIC
OF
THE
PHILIPPINES
COURT
OF
APPEALS
MANILA
VICENTE
DE
RAMOS,
Petitioner
‐versus‐
C.A
G.R
No.
______________
For:
Writ
of
Amparo
and
Writ
of
Habeas
Corpus
GILBERTO
TEODORO
JR.,in
his
capacity
as
the
SECRETARY
OF
NATIONAL
DEFENSE,LT.
GEN.
ALEXANDER
YANO,
in
his
capacity
as
the
CHIEF
OF
STAFF
of
the
ARMED
FORCES
OF
THE
PHILIPPINES,BRIG.
GEN.
ROMEO
PRESTOZA,
in
his
capacity
as
the
CHIEF
of
the
INTELLIGENCE
SERVICE
OF
THE
ARMED
FORCES
OF
THE
PHILIPPINES
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
PETITION
(With
Application
For
Interim
Reliefs)
NATURE
OF
PETITION
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
0
1. This
is
a
petition
for
the
Writ
of
Amparo
and
Habeas
Corpus,
filed
under
A.M
No.
07‐9‐12‐SC,
known
as
the
Rule
on
the
Writ
of
Amparo,
promulgated
on
25
September
2007
and
which
took
effect
on
24
October
2007,
and
Rule
102
of
the
Rules
of
Court,
respectively.
2. The
purpose
of
the
petition
is
to
require
the
respondents
to
produce
the
person
of
Danielle
de
Ramos,
as
well
as
to
disclose
and
explain
their
participation
in
the
enforced
disappearance
and/or
extrajudicial
killing
of
Danielle
de
Ramos.
3. This
petition
also
seeks
the
issuance
of
a
witness
protection
order,
inspection
order,
production
order,
and
temporary
protection
order,
directed
against
respondents.
PARTIES
4. Petitioner
is
a
Filipino,
of
legal
age,
and
residing
at
123
Cotabato
Street,
New
Manila,
Quezon
City.
He
is
the
father
of
the
aggrieved
party.
5. Public
respondent
Gilberto
Teodoro
Jr.,
is
the
Secretary
of
the
Deparment
of
National
Defense,
responsible
for
guarding
against
external
and
internal
threats
to
peace
and
security
in
the
country.
It
exercises
executive
supervision
over
the
Armed
Forces
of
the
Philippines
(AFP),
the
Office
of
Civil
Defense
(OCD),
the
Philippine
Veterans
Affairs
Office
(PVAO),
the
National
Defense
College
of
the
Philippines
(NDCP),
and
the
Government
Arsenal
(GA).
He
may
be
served
with
orders
and
processes
at
Camp
General
Emilio
Aguinaldo,
Quezon
City.
6. Public
respondent
Lt.
Gen.
Alexander
Yano,is
the
Chief
of
Staff
of
the
Armed
Forces
of
the
Philippines
(AFP),
the
military
defense
organization
of
the
Republic
of
the
Philippines.
He
may
be
served
with
orders
and
processes
at
AFP‐GHQ,
Camp
General
Emilio
Aguinaldo,
Quezon
City.
7. Public
respondent
Brig.
Gen.
Romeo
Prestoza,
is
the
current
chief
of
the
Intelligence
Service
of
the
Armed
Forces
of
the
Philippines
is
a
support
unit
of
the
AFP
engaged
in
intelligence
and
information
gathering.
He
may
be
served
with
orders
and
processes
at
AFP‐GHQ,
Camp
General
Emilio
Aguinaldo,
Quezon
City.
MATERIAL
ALLEGATIONS
8. The
aggrieved
party,
Daniella
de
Ramos,
is
a
private
individual,
residing
at
123
Cotabato
Street,
New
Manila,
Quezon
City
and
is
an
executive
officer
at
the
Human
Rights
Organization.
9. She
regularly
travels
from
her
place
of
residence
to
his
place
of
work
by
driving
her
own
car.
10. She
is
regularly
in
contact
with
her
parents
especially
the
petitioner.
It
is
her
practice
to
call
or
send
a
text
message
to
petitioner
before
she
heads
home
from
work.
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
1
11. Her
family
last
saw
her
during
the
morning
of
5
September
2008
and
by
co‐workers
at
the
evening
of
the
same
date.
12. On
5
September
2008,
at
8:00
in
the
evening,
petitioner
received
a
text
message
from
her,
stating
therein
that
she
was
on
her
way
home
from
work.
13. At
8:30p.m
of
the
same
evening,
the
security
guard
on
tour
of
duty
in
her
office
building
witnessed
her
being
forcibly
taken
by
three
large‐built
men
with
holstered
guns
forcibly
inside
a
van
and
speedily
left.
One
of
the
men
was
wearing
a
fatigue
pair
of
pants.
This
was
duly
logged
by
the
security
guard
on
the
logbook
of
the
building.
14. Since
then,
no
communication
has
been
made
to
her
family,
friends,
and
co‐workers.
15. She
also
owns
a
handbag
with
personal
property
such
as
keys,
wallet,
etc.,
which
properties
were
uncharacteristically
left
on
the
parking
lot
of
her
office,
together
with
her
car,
remain
uncollected
by
the
aggrieved
party
since
date
of
disappearance.
In
support
of
the
foregoing
allegations,
the
affidavits
of
the
petitioner
and
of
witnesses,
namely
Christopher
Nepomuceno
and
Jeffrey
Flores,
are
hereto
attached
and
made
integral
part
of
this
Petition
as
Annexes
A,
B,
and
C,
respectively.
16. Shewas
known
to
be
presently
engaged
in
an
investigative
project
against
certain
officers
of
the
AFP
and
ISAFP
for
alleged
corruption
practices
and
high
crimes.
17. Since
her
disappearance,
her
relatives
have
tried
to
locate
the
aggrieved
party
through
inquiries
at
her
usual
places
of
destination.
18. Failing
to
find
her,
petitioner
sought
the
help
of
local
authorities
but
they
were
not
able
to
produce
the
person
of
the
aggrieved
party.
19. However,
during
the
course
of
investigation,
it
was
found
out
that
days
before
her
disappearance,
mysterious
men
were
noticed
to
have
been
conducting
operations
in
the
vicinity
of
the
aggrieved
party’s
office.
20. It
was
also
found
out
that
on
4
September
2008,
day
before
date
of
disappearance,
the
office
building’s
security
guard
was
asked
by
a
mysterious
man
who
identified
himself
as
an
officer
of
ISAFP
on
whether
aggrieved
party
holds
office
in
the
area.
21. Petitioner
now
comes
to
this
Honorable
Court
to
seek
relief
for
the
aggrieved
party
whose
exact
whereabouts
remain
unknown.
22. Considering
the
fact
that
the
aggrieved
party
is
a
private
individual
and
that
she
has
failed
to
communicate
with
any
of
her
family,
friends,
and
co‐workers
until
this
time,
aggrieved
party’s
remaining
in
the
custody
would
have
to
be
against
her
will
and
in
violation
of
her
rights
of
liberty
and
security.
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
2
ISSUE
STATEMENTS
1. The
writ
of
habeas
corpus
shall
extend
to
all
cases
of
illegal
confinement
or
detention
by
which
any
person
is
deprived
of
his
liberty,
or
by
which
the
rightful
custody
of
any
person
is
withheld
from
the
person
entitled
thereto.
The
aggrieved
party
was
witnessed
by
a
security
guard
to
have
been
forcibly
taken
by
three
large‐built
men
into
a
van
which
speedily
left
thereafter
last
5
September
2008.
Since
then,
her
whereabouts
is
unknown
notwithstanding
her
relatives
trying
to
locate
the
aggrieved
party
through
inquiries
at
her
usual
places
of
destination
but
failed
to
find
her.
No
communication
has
been
made
to
her
family,
friends,
or
co‐workers.
Should
the
writ
of
habeas
corpus
be
issued?
2. A
witness
protection
order
is
issued
for
the
protection
and
safety
of
the
witnesses
who
helped
in
the
investigation
and
witnessed
the
enforced
disappearance
of
the
victim.
One
security
guard
testified
to
being
questioned
by
an
alleged
ISAFP
officer
about
the
victim
while
he
was
on
tour
of
duty
last
4
September
2008.
Another
security
guard
witnessed
on
5
September
2008,
the
abduction
of
the
victim
by
three
large‐built
men
with
holstered
pistons,
with
one
wearing
fatigue
attire.
Given
the
power
and
resources
available
to
the
respondents,
the
two
witnesses
need
protection
and
safety
from
them.
Should
the
witness
protection
order
be
issued?
3. A
temporary
protection
order
is
issued
for
the
safety
and
security
of
the
petitioner,
victim’s
immediate
members
of
her
family,
and
even
the
co‐officers
of
the
victim’s
organization.
The
aggrieved
party
was
known
to
be
involved
in
an
investigative
project
with
respect
to
certain
anomalies
and
atrocities
of
officials
of
the
AFP
and
ISAFP.
On
5
September
2008,
she
was
subject
to
an
enforced
disappearance
perpetrated
allegedly
by
the
ISAFP
or
AFP.
Petitioner
is
the
father
of
the
aggrieved
party
who
presently
filed
this
petition
against
the
said
organizations.
Given
the
power
and
resources
of
respondents,
petitioner
and
the
rest
of
his
family
are
vulnerable
to
harm
and
danger.
Should
the
temporary
protection
order
be
issued?
4. A
production
order
is
issued
for
the
production
of
designated
documents,
letters,
papers,
books,
accounts,
photographs,
objects
or
tangible
things,
or
objects
in
digitized
or
electronic
form,
which
constitute
evidence
relevant
to
the
petition.
Investigation
showed
that
mysterious
men,
days
before
the
forced
disappearance
of
the
aggrieved
party,
conducted
surveillance
on
the
premises
of
her
office.
On
4
September
2008,
a
man
who
introduced
himself
as
an
ISAFP
agent
approached
the
security
guard
on
duty
in
her
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
3
office
and
inquired
about
the
aggrieved
party.
Records
may
have
been
kept
on
these
surveillance
activities.
Should
the
production
order
be
issued?
5. Inspection
Order
is
issued
for
possession
or
control
of
a
designated
land
or
other
property,
to
permit
entry
for
the
purpose
of
inspecting,
measuring,
surveying,
or
photographing
the
property
or
any
relevant
object
or
operation
thereon.
Investigation
showed
that
mysterious
men,
days
before
the
forced
disappearance
of
the
aggrieved
party,
conducted
surveillance
on
the
premises
of
her
office.
Records
may
have
been
kept
on
these
surveillance
activities
and
it
might
be
located
in
the
headquarters
of
respondents
and
their
corresponding
organizations.
Should
the
inspection
order
be
issued?
PRAYER
WHEREFORE,
premises
considered,
the
petitioner
prays
that
this
Honorable
Court:
A.
Immediately
after
the
receipt
of
this
petition
1. Issue
the
writ
of
habeas
corpus;
2. Issue
the
writ
of
amparo;
3. Declare
all
documents
signed
by
the
victim
since
the
time
of
disappearance
unless
proof
is
adduced
that
there
has
been
compliance
with
her
constitutional
rights;
4. Require
respondent
to
disclose
medical
examinations
conducted
on
the
victim
and
produce
medical
reports
on
such
examinations;
5. Require
respondent
to
produce
all
information
his
office
has
pertaining
to
the
victim,
the
victim’s
home,
the
victim’s
family,
and
victim’s
correspondence;
6. Require
respondent
to
disclose
why
such
information
has
been
gathered
and
used;
7. Issue
a
temporary
protection
order
in
favor
of
the
petitioner,
his
family,
and
his
witnesses
by
directing
an
agency
or
institution
to
ensure
their
protection;
8. Issue
a
witness
protection
order
in
favor
of
the
witnesses
who
helped
in
the
investigation
regarding
the
aggrieved
party’s
forced
disappearance.
B.
Upon
notice
and
hearing:
1. Issue
a
production
order
to
person
who
may
be
in
possession
or
custody
of
other
evidence
in
this
case;
2. Issue
an
inspection
order
of
properties
which
may
contain
additional
information
or
evidence
regarding
the
enforced
disappearance
and/or
extrajudicial
killing
of
the
aggrieved
party;
3. Order
respondent
to
immediately
and
without
delay
release
the
victim
to
the
care
and
custody
of
the
petitioner.
Other
reliefs
just
and
equitable
under
the
premises
are
likewise
prayed
for.
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
4
September
10,
2008,
City
of
Manila.
Ma.
Angela
Leonor
C.
Aguinaldo
Counsel
for
Petitioner
No.
25
Woodrose
St.,
Makati
City
Telefax
No.
1234567;
Email:
email@email.com
Roll
of
Attorney
No.
123456
IBP
No.
78901
PTR
No.
23456
MCLE
Compliance
No.
7890
(Verification
with
Certification
of
Non‐Forum
Shopping)
SAMPLE:
Petition
for
Writ
of
Habeas
Data
REPUBLIC
OF
THE
PHILIPPINES
SUPREME
COURT
Manila
ISAAC
ASIMOVA,
Petitioner,
‐versus‐
G.R.
No.
__________
For:
Writ
of
Habeas
Data
MAJ.
GEN.
JOVITA
PALPARAN,
Armed
Forces
of
the
Philippines
Respondent.
xx
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐xx
PETITION
FOR
WRIT
OF
HABEAS
DATA
Petitioner,
by
counsel,
respectfully
states
that:
I
NATURE
OF
THE
PETITION
1. This
is
a
petition
for
the
writ
of
habeas
data
filed
under
A.M.
No.
08‐1‐16‐SC,
also
known
as
the
Rule
on
the
Writ
of
Habeas
Data
to
require
the
respondent
to
produce
and,
if
necessary
update
and
rectify,
or,
in
the
alternative,
suppress
or
destroy
information
within
its
control
and/or
contained
in
its
database,
which
relates
to
petitioner,
his
family,
his
home
and
his
correspondence.
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
5
2. Petitioner
respectfully
submits
that
respondent
obtained
the
information
through
an
unlawful
act,
has
unjustifiably
failed
to
disclose
the
information
to
petitioner,
and/or
has
unjustifiably
refused
to
update,
rectify,
suppress
or
destroy
the
information.
3. This
act
or
omission
of
respondent
to
comply
with
petitioner's
demand
is
a
violation
of,
or
poses
a
threat
of
violation
to,
petitioner's
right
to
privacy
in
life,
liberty
and
security.
4. In
view
of
the
foregoing,
petitioner
brings
this
petition
before
this
Honorable
Court
praying
that
the
respondent
be
required
to
cause
the
immediate
production
of
the
information
requested
so
that
the
same
may
be
revealed
to
petitioner
for
proper
updating,
rectification
or,
in
the
alternative,
for
its
suppression
or
destruction,
whatever
may
be
necessary
to
protect
petitioner's
privacy.
5. Finally,
petitioner
respectfully
submits
that
he
is
an
indigent
person
and
prays
that
this
Honorable
Court
exempt
him
from
docket
and
other
legal
fees
in
this
case,
subject
to
the
submission
of
proof
of
his
indigency
within
fifteen
days
from
the
filing
of
this
petition.
II
PARTIES
6. Petitioner
is
a
Filipino,
of
legal
age,
and
residing
at
Sitio
Dos,
Smokey
Mountain,
Tondo,
Manila.
He
may
be
served
with
notices
from
this
Honorable
Court
through
his
undersigned
counsel.
7. Respondent
is
being
impleaded
in
her
capacity
as
a
public
officer
or
employee,
in
charge
of
the
information
or
database
of
AFP
Central
Intelligence
and
Security
Group,
which
office
is
engaged
in
the
gathering,
collecting,
and
storing
of
data.
She
may
be
served
summons
and
other
processes
of
this
Honorable
Court
at
the
Intelligence
and
Security
Department,
Army
Headquarters,
Fort
Bonifacio,
Taguig
City.
III
MATERIAL
ALLEGATIONS
8. Petitioner
is
a
citizen
of
the
Republic
of
the
Philippines
whose
right
to
privacy
is
protected
by
the
Bill
of
Rights
found
in
Article
III
of
the
1987
Philippine
Constitution,
which
provides:
Section
3.
(1)
The
privacy
of
communication
and
correspondence
shall
be
inviolable
except
upon
lawful
order
of
the
court,
or
when
public
safety
or
order
requires
otherwise
as
prescribed
by
law.
Any
evidence
obtained
in
violation
of
this
or
the
preceding
section
shall
be
inadmissible
for
any
purpose
in
any
proceeding.”
‐
and
‐
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
6
Section
7.
The
right
of
the
people
to
information
of
matters
of
public
concern
shall
be
recognized.
Access
to
official
records
and
documents,
and
papers
pertaining
to
official
acts,
transactions,
or
decisions
as
well
as
to
government
research
data
used
as
basis
for
policy
development,
shall
be
afforded
the
citizen,
subject
to
such
limitations
as
may
be
provided
by
law.
9. On
March
20,
2009,
petitioner
requested
access
to
all
information
held
about
him
by
the
respondent,
within
fifteen
days
from
respondent's
receipt.
A
copy
of
the
written
request
is
attached
as
Annex
"A".
10. The
period
given
to
respondent
to
allow
petitioner
access
to
its
database
has
already
lapsed.
11. As
a
result
of
respondent's
failure
or
unjustifiable
refusal
to
allow
access
to
its
database,
petitioner’s
right
to
privacy
is
being
violated.
12.
The
use
and
possible
dissemination
of
the
information
held
by
respondent
is
an
unlawful
intrusion
into
petitioner's
privacy,
which
intrusion
threatens
to
ultimately
violate
petitioner's
right
to
life,
liberty
and
security.
13. The
information
which
remains
hidden
from
petitioner
is
in
the
database
of
respondent
located
in
the
Office
of
the
Intelligence
and
Security
Group,
Armed
Forces
of
the
Philippines
Headquarters,
Fort
Bonifacio,
Taguig
City.
IV
RELIEFS
WHEREFORE,
petitioner
prays
that
this
Honorable
Court
give
due
course
to
this
petition
and
issue
the
writ
of
habeas
data
and
rule,
as
follows:
1. Upon
the
filing
of
the
petition,
ENJOIN
respondent
from
disseminating
the
information;
2.
Upon
notice
and
hearing,
ORDER
respondent
to:
a. Produce
the
information
in
its
possession
regarding
petitioner's
person,
his
family,
home
and
correspondence;
b. Correct,
suppress
or
destroy
the
information
in
its
database,
whatever
may
be
applicable
as
determined
by
this
Honorable
Court;
and
c. Rectify
the
damage
caused
to
petitioner's
reputation
by
making
a
public
apology
to
petitioner,
which
shall
be
circulated
in
the
manner
and
to
such
persons
as
the
petitioner
may
deem
appropriate.
Other
reliefs
just
and
equitable
under
the
premises
are
likewise
prayed
for.
April
9,
2009,
City
of
Manila.
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
7
AYN
RANDY
Counsel
of
Petitioner
34C
The
Columns,
Ayala
Avenue,
Makati
City
Telefax
No.
1234567;
Email:
email@email.com
Roll
of
Attorneys
No.
9182736
IBP
No.
6121824
PTR
No.
5101520
MCLE
Certificate
of
Exemption
No.
M‐481216
(Verification
with
Certification
of
Non‐Forum
Shopping)
SAMPLE:
Petition
for
Change
of
Name
Republic
of
the
Philippines
Fourth
Judicial
Region
REGIONAL
TRIAL
COURT
Branch
___,
San
Pablo
City,
Laguna
UTUTINO
BANTOTO
O.
TINA,
PETITIONER,
SP
Case
No._______
For
CHANGE
OF
NAME
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
PETITION
FOR
CHANGE
OF
NAME
Petitioner
by
the
undersigned
attorney,
and
unto
this
honorable
court,
respectfully
avers:
1.
That
the
petitioner
is
of
age,
single,
and
a
resident
of
Bgy.
San
Pedro,
San
Pablo
City,
Laguna;
2.
That
he
has
been
a
bonafide
resident
of
the
province
of
Laguna
since
the
year
1974,
or
for
at
least
three
(3)
years
prior
to
the
date
of
the
filing
of
this
petition;
3.
That
his
present
name
is
UTUTINO
BANTOTO
O.
TINA;
4.
That
such
a
name
is
ridiculous
and
has
caused
embarrassment
to
petitioner
through
the
years;
5.
That
petitioner
requests
that
his
present
name
be
changed
to
TINO
TOTO
O.
TINA.
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
8
PRAYER
WHEREFORE,
it
is
respectfully
prayed
that,
after
due
notice,
publication
and
hearing
in
accordance
with
the
Rules
of
Court,
this
Honorable
Court
adjudge
that
the
petitioner’s
name
of
UTUTINO
BANTOTO
O.
TINA
be
changed
to
TINO
TOTO
O.
TINA,
this
9th
day
of
April
2009.
GUY
RITCHIE
Counsel
for
the
Petitioner
Rm.
210
Moreno
Building,
No.
8
Amorsolo
St.,
Makati
City
PHIL.
BAR
ROLL
NO.
36530
PTR
NO.
A‐7279012/01‐19‐06/Q.C.
IBP
NO.
645906/01‐19‐06/Q.C.
MCLE
Compliance
Cert.
No.
12345678
(Verification
with
Certification
of
Non‐Forum
Shopping)
SAMPLE:
Petition
for
Voluntary
Dissolution
of
Stock
Corporation
Republic
of
the
Philippines
National
Capital
Judicial
Region
REGIONAL
TRIAL
COURT
Branch
__,
Manila
SARAO
JEEPNEY
MANUFACTURING
CORPORATION,
Plaintiff,
S.P.
No.
________
For
VOLUNTARY
DISSOLUTION
OF
STOCK
CORPORATION
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
PETITION
FOR
VOLUNTARY
DISSOLUTION
OF
STOCK
CORPORATION
SARAO
JEEPNEY
MANUFACTURING
CORPORATION
through
the
undersigned
board
of
directors,
and
unto
this
Honorable
Court,
respectfully
states:
1
[LEGAL
FORMS
MANUAL]
5
ATENEO
LAW
3D
’08‐‘09
9
1.
That
the
said
corporation
has
been
duly
organized
and
existing
under
the
laws
of
the
Philippines,
having
its
principal
place
of
business
at
JOSE
RIZAL
COMPLEX,
INTRAMUROS,
MANILA;
2.
That
the
authorized
capital
stock
of
said
corporation
is
ONE
MILLION
PESOS
(P1,000,000.00)
Philippine
currency,
divided
into
10,
000
shares
of
par
value
of
ONE
HUNDRED
PESOS
(P100)
per
share;
3.
That
in
a
meeting
of
the
stockholders
of
the
corporation
held
in
Intramuros,
Manila
on
April,
1
2009,
the
dissolution
of
the
said
corporation
was
resolved
upon
by
the
affirmative
vote
of
the
stockholders
holding
or
representing
at
least
two‐thirds
(2/3)
of
all
shares
of
stock
issued
or
subscribed;
4.
That
the
following
are
the
present
claims
and
demands
against
the
corporation:
National
Steel
Corporation
–
P500,
000
Promissory
Note
Boysen
Paint
Corporation
–
P30,
000
Compensation
for
Service
Agreement
Federation
of
Jeepney
Drivers
and
Operators
–
P20,
000
Settlement
for
Damage
Claim
Generally
Motors
Corporation
‐
P50,
000
Purchase
Order
of
Supplies
SARAO
Employees
Union
–
P100,
000
13th
Month
Pay
Metro
Manila
Destruction
Authority
–
P100,
000
Penalty
Fees
Land
Teleportation
and
Flotation
Regulatory
Board
–
P100,
000
Unpaid
License
Fees
5.
That
the
corporation
has
present
assets
to
the
value
of
ONE
HUNDRED
THOUSAND
PESOS
(P100,
000)
over
and
above
its
just
debts
and
liabilities.
WHEREFORE,
it
is
respectfully
prayed
that
upon
prior
publication
of
notice
as
required
by
law
and
due
hearing
on
this
petition,
this
Honorable
Court
adjudge
and
declare
the
above‐named
corporation
dissolved,
and
that
the
board
of
directors
of
said
corporation
be
designated
liquidator
to
take
charge
of
winding
up
the
affairs
of
the
corporation.
Manila,
April
9,
2009.
SARAO
JEEPNEY
MANUFACTURING
CORPORATION
By
REGINA
INSPEKTOR
President
MINNIE
DRIVERS
Corporate
Secretary
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
0
MACK
TRUCK
Director
MERCEDES
BENZENE
Director
AUDI
GEMORA
Director
(Verification
with
Certification
of
Non‐Forum
Shopping)
MOTIONS
IN
LITIGATION
MOTIONS
A
motion
is
an
application
for
relief
other
than
by
a
pleading.
(Section
1,
Rule
15)
All
motions
shall
be
in
writing
except
those
made
in
open
court
or
in
the
course
of
a
hearing
or
trial.
(Section
2,
Rule
15)
A
motion
shall
state
the
relief
sought
to
be
obtained
and
the
grounds
upon
which
it
is
based,
and
if
required
by
these
Rules
or
necessary
to
prove
facts
alleged
therein,
shall
be
accompanied
by
supporting
affidavits
and
other
papers.
(Section
3,
Rule
15)
Motion
to
Dismiss
Section
1,
Rule
16
of
the
Rules
of
Court
enumerates
the
grounds
for
filing
a
motion
to
dismiss.
A
Motion
to
Dismiss
is
a
litigious
motion
wherein
both
parties
must
be
heard.
Being
a
litigious
motion,
a
request
for
and
notice
of
hearing
is
required.
SAMPLE:
Motion
to
Dismiss
Republic
of
the
Philippines
National
Capital
Judicial
Region
REGIONAL
TRIAL
COURT
Branch
91,
Las
Pinas
City
Luzviminda
Tolentino,
Plaintiff,
Civil
Case
No.
07‐61354
‐
versus
‐
For:
Sum
of
Money
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
1
Roberto
Juan,
Defendant.
x
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
x
MOTION
TO
DISMISS
DEFENDANT,
by
counsel,
respectfully
moves
to
dismiss
the
Complaint
on
the
ground
that
the
Complaint
FAILS
TO
STATE
A
CAUSE
OF
ACTION
as
THE
OBLIGATION
SOUGHT
TO
BE
ENFORCED
BY
PLAINTIFF
IS
NOT
YET
DUE
AND
DEMANDABLE.
In
amplification
of
the
foregoing
ground,
Defendant
respectfully
submits
the
following:
Argument
1.
Allegedly,
defendant
has
failed
to
reach
the
quotas
agreed
upon
under
the
Marketing
Agreement
dated
April
1,
2006.
Plaintiff
now
seeks
to
collect
the
sum
of
Five
Hundred
Thousand
pesos
(P500,000.00),
representing
the
balance
of
the
proceeds
due
plaintiff
under
the
said
Marketing
Agreement.
2.
The
contract
is
for
two
(2)
years
and
defendant
is
given
that
same
period
to
reach
the
quota
specified
therein;
the
period
of
two
(2)
years
has
not
yet
expired.
Consequently,
plaintiff’s
claim
is
premature
as
there
is
yet
no
breach
of
the
Marketing
Agreement
until
the
period
expires
and
the
quota
is
not
attained.
For
this
reason,
plaintiff's
Complaint
states
no
cause
of
action
and
must
be
dismissed.
WHEREFORE,
defendant
respectfully
prays
that
the
Complaint
be
DISMISSED
for
failure
to
state
a
cause
of
action.
Other
just
and
equitable
reliefs
are
also
prayed
for.
Muntinlupa
City
for
Las
Pinas
City,
November
5,
2007.
Demetria
Sandoval
Counsel
for
Defendant
5th
Floor,
Madrigal
Business
Tower,
Madrigal
Business
Center,
Alabang,
Muntinlupa
City
Attorney’s
Roll
No.
34975
IBP
O.R.
No.
23655‐01/03/08‐Muntinlupa
PTR
O.R.
No.
45321‐01/03/08‐Muntinlupa
MCLE
Compliance
No.
II‐0008776‐Nov.
17,
2007
REQUEST
FOR
AND
NOTICE
OF
HEARING
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
2
The
Branch
Clerk
of
Court
Regional
Trial
Court
Branch
91,
Las
Pinas
City
Please
submit
the
foregoing
Motion
to
the
Court
for
its
consideration
and
approval
immediately
upon
receipt
hereof
and
kindly
include
the
same
in
the
court's
calendar
for
hearing
on
November
28,
2007
at
8:30
in
the
morning.
Demetria
Sandoval
Counsel
for
Defendant
Atty.
Conrado
Manuel
Counsel
for
the
Plaintiff
2176
Alabang‐Zapote
Road,
Las
Pinas
City
Please
take
notice
that
counsel
has
requested
to
be
heard
on
November
28,
2007
at
8:30in
the
morning.
Demetria
Sandoval
Counsel
for
Defendant
N.B.
A
REQUEST
FOR
HEARING
is
a
request
for
the
Branch
Clerk
of
Court
to
include
the
motion
in
the
calendar
for
hearing
on
a
specific
date
while
a
NOTICE
OF
HEARING
is
a
notice
to
opposing
counsel
of
the
hearing
date
requested.
In
non‐litigious
motions
or
ex
parte
motions,
it
is
sufficient
that
there
be
Notice
to
opposing
counsel
stating
that
"counsel
will
submit
the
motion
to
the
court
for
approval
and
consideration
immediately
upon
receipt."
[From
Professor
Theodore
O.
Te’s
Handbook
on
Legal
Forms]
(Proof
of
Service)
(Verification)
Motion
for
Postponement
and
Motion
for
Extension
A
motion
for
postponement
asks
for
the
postponement
of
a
hearing.
A
motion
for
extension
asks
for
an
extension
of
the
time
within
which
to
file
a
pleading.
Being
non‐litigious
motions,
a
notice
of
hearing
is
only
required.
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
3
SAMPLE:
Motion
for
Postponement
Republic
of
the
Philippines
National
Capital
Judicial
Region
REGIONAL
TRIAL
COURT
Branch
91,
Las
Pinas
City
Luzviminda
Tolentino,
Plaintiff,
Civil
Case
No.
07‐61354
‐
versus
‐
For:
Sum
of
Money
Roberto
Juan,
Defendant.
x
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
x
MOTION
FOR
POSTPONEMENT
PLAINTIFF,
by
counsel,
respectfully
states
that:
1.
This
case
is
set
for
trial
on
January
5,
2008
at
8:30
in
the
morning.
2.
On
said
date
and
time,
the
undersigned
counsel
will
be
unable
to
appear
before
this
Honorable
Court
as
he
has
also
been
directed
to
appear
on
this
date
and
time
before
the
Regional
Trial
Court
of
Makati
City,
Branch
213
for
"People
of
the
Philippines
v.
Edgardo
Mallari",
Criminal
Case
No.
99‐8746,
where
he
is
scheduled
to
terminate
cross‐
examination
of
the
prosecution’s
expert
witness
who
will
be
available
only
on
said
date
and
time.
3.
Without
impugning
the
importance
of
these
proceedings,
plaintiff
respectfully
submits
that
his
attendance
in
the
criminal
case
becomes
indispensable;
otherwise,
the
accused
in
said
case
would
be
deprived
of
the
opportunity
to
confront
and
cross‐examine
a
vital
witness
against
him.
4.
This
motion
is
prompted
only
by
the
foregoing
reason
and
not
for
delay.
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
4
WHEREFORE,
plaintiff
respectfully
prays
that
the
trial
scheduled
on
January
5,
2008
be
POSTPONED
to
another
date
convenient
to
this
Honorable
Court.
Quezon
City
for
Las
Pinas
City,
December
22,
2007.
MARICEL
X.
TOLENTINO
Counsel
for
Defendant
89
Mindanao
Ave.,
Quezon
City
Attorney’s
Roll
No.
56247
IBP
No.
015456/
January
15,
2008/
Quezon
City
PTR
No.
014523/
January
20,
2008/
Quezon
City
MCLE
No.
854265/
January
8,
2008
(Notice
of
Hearing)
(Proof
of
Service)
SAMPLE:
Motion
for
Extension
Republic
of
the
Philippines
National
Capital
Judicial
Region
REGIONAL
TRIAL
COURT
Branch
91,
Las
Pinas
City
Luzviminda
Tolentino,
Plaintiff,
Civil
Case
No.
07‐61354
‐
versus
‐
For:
Sum
of
Money
Roberto
Juan,
Defendant.
x
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
x
MOTION
FOR
EXTENSION
OF
TIME
(To
File
Answer)
DEFENDANT,
through
undersigned
counsel,
respectfully
states
that:
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
5
1.
On
November
27,
2007,
Defendant
was
served
with
summons
and
a
copy
of
the
Complaint
in
the
above‐entitled
case.
Hence,
Defendant
has
a
period
of
fifteen
(15)
days
from
said
date,
or
until
December
12,
2007
to
file
his
Answer.
2.
The
undersigned
counsel,
however,
anticipates
his
inability
to
file
the
Answer
on
or
before
the
said
due
date
because
of
the
tremendous
pressure
of
other
equally
urgent
professional
work
requiring
the
preparation
of
pleadings
and
almost
daily
trial
appearances
before
the
various
courts
within
and
outside
Metro
Manila.
3.
Consequently,
counsel
for
Defendant
is
constrained
to
request
an
extension
of
ten
(10)
days
from
December
12,
2007,
or
until
December
22,
2007,
within
which
to
file
his
Answer
in
the
above‐entitled
case.
4.
The
instant
Motion
is
being
filed
in
good
faith
as
dictated
by
the
exigencies
of
the
situation
and
is
not
intended
to
delay
the
proceedings
in
the
case.
WHEREFORE,
in
light
of
all
the
foregoing
considerations
and
in
the
interest
of
justice,
it
is
respectfully
prayed
that
Defendant
be
granted
an
extension
of
ten
(10)
days
from
December
12,
2007,
or
until
December
22,
2007,
to
file
his
Answer
in
the
above‐entitled
case.
Quezon
City
for
Las
Pinas
City,
December
10,
2007.
MARICEL
X.
TOLENTINO
Counsel
for
Defendant
89
Mindanao
Ave.,
Quezon
City
Attorney’s
Roll
No.
56247
IBP
No.
015456/
January
15,
2008/
Quezon
City
PTR
No.
014523/
January
20,
2008/
Quezon
City
MCLE
No.
854265/
January
8,
2008
(Notice
of
Hearing)
(Proof
of
Service)
Note:
KNOW
YOUR
LITIGIOUS
AND
NON‐LITIGIOUS
MOTIONS
LITIGIOUS
MOTIONS
• Motion
to
Dismiss
• Motion
for
Judgment
on
the
Pleadings
• Motion
to
Declare
Defendant
in
Default
• Motion
to
Lift
Order
in
Default
NON‐LITIGIOUS
MOTIONS
• Motion
for
Leave
of
Court
to
File
Pleading
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
6
• Motion
for
Postponement
• Motion
for
Extension
of
Time
• Ex
Parte
Motion
to
Set
for
Trial
AFFIDAVIT
OF
SERVICE
AFFIDAVIT
OF
SERVICE
This
is
required
as
proof
of
service
of
a
pleading
involved
in
a
case
before
the
appellate
courts
(e.g.,
Court
of
Appeals
and
Supreme
Court).
It
generally
partakes
the
nature
of
a
sworn
statement
or
affidavit.
SAMPLE:
Affidavit
of
Service
REPUBLIC
OF
THE
PHILIPPINES
]
QUEZON
CITY,
METRO
MANILA]
SS.
AFFIDAVIT OF SERVICE
I,
MANG
S.
TOTO,
as
Secretary
of
CTV‐Z
LAW
OFFICE,
with
office
address
at
Rm.
210
CTVZ
Law
Firm
Building,
No.
8
EDSA,
Quezon
City,
after
having
duly
swor
to
in
accordance
with
law,
hereby
depose
and
state
that:
On 28, 2007, I served a copy of the following pleading/paper:
Nature of Pleading ‐ ANSWER
In
CIVIL
CASE
NO.
12345,
For:
EJECTMENT
(FORCIBLE
ENTRY),
“
ABC
RESORT
CORPORATION
vs.
ALFREDO
B.
SAMSON,
pursuant
to
Sections
5,
7,
and
13,
Ruse
of
13
of
the
1997
Rules
of
Civil
Procedure
as
follows:
By Registered Mail to :
(x)By
Depositing
a
copy
on
the
date
and
in
the
post
office
indicated
below,
as
evidenced
by
the
following
Registry
Receipt(s)
No.(s)
hereto
attached
and
indicated
after
the
name(s)
of
the
addressee(s),
and
with
instructions
to
the
postmaster
to
return
mail
to
the
sender
after
ten(10)
days
if
undelivered
Atty. Ranilo Talo Reg. Receipt No. 123
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
7
Counsel
for
the
Plaintiff
Quezon
City
Central
Post
Office
123
Rockwell
Ave.,
Rockwell
Drive
18
December
2008
Basilan,
Sulu
IN
WITNESS
WHEREOF,
I
hereunto
signed
this
18th
day
of
December
2008,
at
Quezon
City,
Metro
Manila.
MANG S. TOTOAffiant
SUBSCRIBED
AND
SWORN
to
before
me
this
18th
day
of
December
2008
at
Quezon
City,
Metro
Manila,
affiant,
exhibited
me
to
his
Postal
ID
Card
No.
12334
issued
by
the
Quezon
City
Central
Post
Office
on
Jan
9,
2008
as
competent
proof
of
identity.
FRANCIS
TOM
F.
TEMPROSA
Notary
Public
Commission
Expires
on
31
Dec.
2008
PHIL.
BAR
ROLL
NO.
36530
PTR
NO.
A‐7279012/01‐19‐06/Q.C.
IBP
NO.
645906/01‐19‐06/Q.C.
MCLE
Compliance
Cert.
No.
12345678
Doc.
No.
2
Page
No.
1
Book
No.
1
Series
of
2008.
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
8
ARTICLES
OF
INCORPORATION
Corporation
Code,
Sec.
14.
Contents
of
the
articles
of
incorporation.
‐
All
corporations
organized
under
this
code
shall
file
with
the
Securities
and
Exchange
Commission
articles
of
incorporation
in
any
of
the
official
languages
duly
signed
and
acknowledged
by
all
of
the
incorporators,
containing
substantially
the
following
matters,
except
as
otherwise
prescribed
by
this
Code
or
by
special
law:
1.
The
name
of
the
corporation;
2.
The
specific
purpose
or
purposes
for
which
the
corporation
is
being
incorporated.
Where
a
corporation
has
more
than
one
stated
purpose,
the
articles
of
incorporation
shall
state
which
is
the
primary
purpose
and
which
is/are
the
secondary
purpose
or
purposes:
Provided,
That
a
non‐stock
corporation
may
not
include
a
purpose
which
would
change
or
contradict
its
nature
as
such;
3.
The
place
where
the
principal
office
of
the
corporation
is
to
be
located,
which
must
be
within
the
Philippines;
4.
The
term
for
which
the
corporation
is
to
exist;
5.
The
names,
nationalities
and
residences
of
the
incorporators;
6.
The
number
of
directors
or
trustees,
which
shall
not
be
less
than
five
(5)
nor
more
than
fifteen
(15);
1
[LEGAL
FORMS
MANUAL]
6
ATENEO
LAW
3D
’08‐‘09
9
7.
The
names,
nationalities
and
residences
of
persons
who
shall
act
as
directors
or
trustees
until
the
first
regular
directors
or
trustees
are
duly
elected
and
qualified
in
accordance
with
this
Code;
8.
If
it
be
a
stock
corporation,
the
amount
of
its
authorized
capital
stock
in
lawful
money
of
the
Philippines,
the
number
of
shares
into
which
it
is
divided,
and
in
case
the
share
are
par
value
shares,
the
par
value
of
each,
the
names,
nationalities
and
residences
of
the
original
subscribers,
and
the
amount
subscribed
and
paid
by
each
on
his
subscription,
and
if
some
or
all
of
the
shares
are
without
par
value,
such
fact
must
be
stated;
9.
If
it
be
a
non‐stock
corporation,
the
amount
of
its
capital,
the
names,
nationalities
and
residences
of
the
contributors
and
the
amount
contributed
by
each;
and
10.
Such
other
matters
as
are
not
inconsistent
with
law
and
which
the
incorporators
may
deem
necessary
and
convenient.
The
Securities
and
Exchange
Commission
shall
not
accept
the
articles
of
incorporation
of
any
stock
corporation
unless
accompanied
by
a
sworn
statement
of
the
Treasurer
elected
by
the
subscribers
showing
that
at
least
twenty‐five
(25%)
percent
of
the
authorized
capital
stock
of
the
corporation
has
been
subscribed,
and
at
least
twenty‐five
(25%)
of
the
total
subscription
has
been
fully
paid
to
him
in
actual
cash
and/or
in
property
the
fair
valuation
of
which
is
equal
to
at
least
twenty‐five
(25%)
percent
of
the
said
subscription,
such
paid‐up
capital
being
not
less
than
five
thousand
(P5,000.00)
pesos.
Corporation
Code,
Sec.
15.
Forms
of
Articles
of
Incorporation.
‐
Unless
otherwise
prescribed
by
special
law,
articles
of
incorporation
of
all
domestic
corporations
shall
comply
substantially
with
the
following
form:
Sec.
18.
Corporate
name.
‐
No
corporate
name
may
be
allowed
by
the
Securities
and
Exchange
Commission
if
the
proposed
name
is
identical
or
deceptively
or
confusingly
similar
to
that
of
any
existing
corporation
or
to
any
other
name
already
protected
by
law
or
is
patently
deceptive,
confusing
or
contrary
to
existing
laws.
When
a
change
in
the
corporate
name
is
approved,
the
Commission
shall
issue
an
amended
certificate
of
incorporation
under
the
amended
name.
ARTICLES
OF
INCORPORATION
OF
__________________________
(Name
of
Corporation)
KNOW
ALL
MEN
BY
THESE
PRESENTS:
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
0
The
undersigned
incorporators,
all
of
legal
age
and
a
majority
of
whom
are
residents
of
the
Philippines,
have
this
day
voluntarily
agreed
to
form
a
(stock)
(non‐stock)
corporation
under
the
laws
of
the
Republic
of
the
Philippines;
Sec.
10.
Number
and
qualifications
of
incorporators.
‐
Any
number
of
natural
persons
not
less
than
five
(5)
but
not
more
than
fifteen
(15),
all
of
legal
age
and
a
majority
of
whom
are
residents
of
the
Philippines,
may
form
a
private
corporation
for
any
lawful
purpose
or
purposes.
Each
of
the
incorporators
of
s
stock
corporation
must
own
or
be
a
subscriber
to
at
least
one
(1)
share
of
the
capital
stock
of
the
corporation.
AND
WE
HEREBY
CERTIFY:
FIRST:
That
the
name
of
said
corporation
shall
be
"..............................................,
INC.
or
CORPORATION";
Sec.
18,
Corporation
Code.
SECOND:
That
the
purpose
or
purposes
for
which
such
corporation
is
incorporated
are:
(If
there
is
more
than
one
purpose,
indicate
primary
and
secondary
purposes);
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
1
Sec.
14.
Contents
of
the
articles
of
incorporation:
***
***
***
2.
The
specific
purpose
or
purposes
for
which
the
corporation
is
being
incorporated.
Where
a
corporation
has
more
than
one
stated
purpose,
the
articles
of
incorporation
shall
state
which
is
the
primary
purpose
and
which
is/are
he
secondary
purpose
or
purposes:
Provided,
That
a
non‐stock
corporation
may
not
include
a
purpose
which
would
change
or
contradict
its
nature
as
such;
***
***
***
Sec.
17.
Grounds
when
articles
of
incorporation
or
amendment
may
be
rejected
or
disapproved.
‐
The
Securities
and
Exchange
Commission
may
reject
the
articles
of
incorporation
or
disapprove
any
amendment
thereto
if
the
same
is
not
in
compliance
with
the
requirements
of
this
Code:
Provided,
That
the
Commission
shall
give
the
incorporators
a
reasonable
time
within
which
to
correct
or
modify
the
objectionable
portions
of
the
articles
or
amendment.
The
following
are
grounds
for
such
rejection
or
disapproval:
***
***
***
2.
That
the
purpose
or
purposes
of
the
corporation
are
patently
unconstitutional,
illegal,
immoral,
or
contrary
to
government
rules
and
regulations;
***
***
***
THIRD:
That
the
principal
office
of
the
corporation
is
located
in
the
City/Municipality
of
.............................................,
Province
of
..................................................,
Philippines;
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
2
Sec.
51.
Place
and
time
of
meetings
of
stockholders
or
members.
‐
Stockholders'
or
members'
meetings,
whether
regular
or
special,
shall
be
held
in
the
city
or
municipality
where
the
principal
office
of
the
corporation
is
located,
and
if
practicable
in
the
principal
office
of
the
corporation:
Provided,
That
Metro
Manila
shall,
for
purposes
of
this
section,
be
considered
a
city
or
municipality.
Notice
of
meetings
shall
be
in
writing,
and
the
time
and
place
thereof
stated
therein.
All
proceedings
had
and
any
business
transacted
at
any
meeting
of
the
stockholders
or
members,
if
within
the
powers
or
authority
of
the
corporation,
shall
be
valid
even
if
the
meeting
be
improperly
held
or
called,
provided
all
the
stockholders
or
members
of
the
corporation
are
present
or
duly
represented
at
the
meeting.
(24
and
25)
***
***
***
Sec.
53.
Regular
and
special
meetings
of
directors
or
trustees.
‐
Regular
meetings
of
the
board
of
directors
or
trustees
of
every
corporation
shall
be
held
monthly,
unless
the
by‐
laws
provide
otherwise.
Special
meetings
of
the
board
of
directors
or
trustees
may
be
held
at
any
time
upon
the
call
of
the
president
or
as
provided
in
the
by‐laws.
Meetings
of
directors
or
trustees
of
corporations
may
be
held
anywhere
in
or
outside
of
the
Philippines,
unless
the
by‐laws
provide
otherwise.
Notice
of
regular
or
special
meetings
stating
the
date,
time
and
place
of
the
meeting
must
be
sent
to
every
director
or
trustee
at
least
one
(1)
day
prior
to
the
scheduled
meeting,
unless
otherwise
provided
by
the
by‐
laws.
A
director
or
trustee
may
waive
this
requirement,
either
expressly
or
impliedly.
(n)
FOURTH:
That
the
term
for
which
said
corporation
is
to
exist
is
................
years
from
and
after
the
date
of
issuance
of
the
certificate
of
incorporation;
Sec.
11.
Corporate
term.
‐
A
corporation
shall
exist
for
a
period
not
exceeding
fifty
(50)
years
from
the
date
of
incorporation
unless
sooner
dissolved
or
unless
said
period
is
extended.
The
corporate
term
as
originally
stated
in
the
articles
of
incorporation
may
be
extended
for
periods
not
exceeding
fifty
(50)
years
in
any
single
instance
by
an
amendment
of
the
articles
of
incorporation,
in
accordance
with
this
Code;
Provided,
That
no
extension
can
be
made
earlier
than
five
(5)
years
prior
to
the
original
or
subsequent
expiry
date(s)
unless
there
are
justifiable
reasons
for
an
earlier
extension
as
may
be
determined
by
the
Securities
and
Exchange
Commission.
FIFTH:
That
the
names,
nationalities
and
residences
of
the
incorporators
of
the
corporation
are
as
follows:
NAME
NATIONALITY
RESIDENCE
.....................................
.....................................
.....................................
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
3
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
Sec.
10.
Number
and
qualifications
of
incorporators.
‐
Any
number
of
natural
persons
not
less
than
five
(5)
but
not
more
than
fifteen
(15),
all
of
legal
age
and
a
majority
of
whom
are
residents
of
the
Philippines,
may
form
a
private
corporation
for
any
lawful
purpose
or
purposes.
Each
of
the
incorporators
of
s
stock
corporation
must
own
or
be
a
subscriber
to
at
least
one
(1)
share
of
the
capital
stock
of
the
corporation.
Sec.
23.
The
board
of
directors
or
trustees.
‐
Unless
otherwise
provided
in
this
Code,
the
corporate
powers
of
all
corporations
formed
under
this
Code
shall
be
exercised,
all
business
conducted
and
all
property
of
such
corporations
controlled
and
held
by
the
board
of
directors
or
trustees
to
be
elected
from
among
the
holders
of
stocks,
or
where
there
is
no
stock,
from
among
the
members
of
the
corporation,
who
shall
hold
office
for
one
(1)
year
until
their
successors
are
elected
and
qualified.
Every
director
must
own
at
least
one
(1)
share
of
the
capital
stock
of
the
corporation
of
which
he
is
a
director,
which
share
shall
stand
in
his
name
on
the
books
of
the
corporation.
Any
director
who
ceases
to
be
the
owner
of
at
least
one
(1)
share
of
the
capital
stock
of
the
corporation
of
which
he
is
a
director
shall
thereby
cease
to
be
a
director.
Trustees
of
non‐stock
corporations
must
be
members
thereof.
a
majority
of
the
directors
or
trustees
of
all
corporations
organized
under
this
Code
must
be
residents
of
the
Philippines.
SIXTH:
That
the
number
of
directors
or
trustees
of
the
corporation
shall
be
.............;
and
the
names,
nationalities
and
residences
of
the
first
directors
or
trustees
of
the
corporation
are
as
follows:
NAME
NATIONALITY
RESIDENCE
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
4
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
SEVENTH:
That
the
authorized
capital
stock
of
the
corporation
is
.................................................
(P......................)
PESOS
in
lawful
money
of
the
Philippines,
divided
into
...............
shares
with
the
par
value
of
...................................
(P.......................)
Pesos
per
share.
(In
case
all
the
share
are
without
par
value):
That
the
capital
stock
of
the
corporation
is
...........................
shares
without
par
value.
(In
case
some
shares
have
par
value
and
some
are
without
par
value):
That
the
capital
stock
of
said
corporation
consists
of
........................
shares
of
which
.......................
shares
are
of
the
par
value
of
..............................
(P.....................)
PESOS
each,
and
of
which
................................
shares
are
without
par
value.
Sec.
14.
Contents
of
the
articles
of
incorporation.
‐
All
corporations
organized
under
this
code
shall
file
with
the
Securities
and
Exchange
Commission
articles
of
incorporation
in
any
of
the
official
languages
duly
signed
and
acknowledged
by
all
of
the
incorporators,
containing
substantially
the
following
matters,
except
as
otherwise
prescribed
by
this
Code
or
by
special
law:
***
***
***
8.
If
it
be
a
stock
corporation,
the
amount
of
its
authorized
capital
stock
in
lawful
money
of
the
Philippines,
the
number
of
shares
into
which
it
is
divided,
and
in
case
the
share
are
par
value
shares,
the
par
value
of
each,
the
names,
nationalities
and
residences
of
the
original
subscribers,
and
the
amount
subscribed
and
paid
by
each
on
his
subscription,
and
if
some
or
all
of
the
shares
are
without
par
value,
such
fact
must
be
stated;
***
***
***
Sec.
12.
Minimum
capital
stock
required
of
stock
corporations.
‐
Stock
corporations
incorporated
under
this
Code
shall
not
be
required
to
have
any
minimum
authorized
capital
stock
except
as
otherwise
specifically
provided
for
by
special
law,
and
subject
to
the
provisions
of
the
following
section.
EIGHTH:
That
at
least
twenty
five
(25%)
per
cent
of
the
authorized
capital
stock
above
stated
has
been
subscribed
as
follows:
Name
of
Subscriber
Nationality
No
of
Shares
Amount
Subscribed
Subscribed
..................................
....................
........................
.......................
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
5
..................................
....................
........................
.......................
..................................
....................
........................
.......................
..................................
....................
........................
.......................
NINTH:
That
the
above‐named
subscribers
have
paid
at
least
twenty‐five
(25%)
percent
of
the
total
subscription
as
follows:
Name
of
Subscriber
Amount
Subscribed
Total
Paid‐In
...................................
......................................
...............................
...................................
......................................
...............................
...................................
......................................
...............................
...................................
......................................
...............................
(Modify
Nos.
8
and
9
if
shares
are
with
no
par
value.
In
case
the
corporation
is
non‐stock,
Nos.
7,
8
and
9
of
the
above
articles
may
be
modified
accordingly,
and
it
is
sufficient
if
the
articles
state
the
amount
of
capital
or
money
contributed
or
donated
by
specified
persons,
stating
the
names,
nationalities
and
residences
of
the
contributors
or
donors
and
the
respective
amount
given
by
each.)
Sec.
13.
Amount
of
capital
stock
to
be
subscribed
and
paid
for
the
purposes
of
incorporation.
‐
At
least
twenty‐five
percent
(25%)
of
the
authorized
capital
stock
as
stated
in
the
articles
of
incorporation
must
be
subscribed
at
the
time
of
incorporation,
and
at
least
twenty‐five
(25%)
per
cent
of
the
total
subscription
must
be
paid
upon
subscription,
the
balance
to
be
payable
on
a
date
or
dates
fixed
in
the
contract
of
subscription
without
need
of
call,
or
in
the
absence
of
a
fixed
date
or
dates,
upon
call
for
payment
by
the
board
of
directors:
Provided,
however,
That
in
no
case
shall
the
paid‐up
capital
be
less
than
five
Thousand
(P5,000.00)
pesos.
(n)
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
6
TENTH:
That
.......................................
has
been
elected
by
the
subscribers
as
Treasurer
of
the
Corporation
to
act
as
such
until
his
successor
is
duly
elected
and
qualified
in
accordance
with
the
by‐
laws,
and
that
as
such
Treasurer,
he
has
been
authorized
to
receive
for
and
in
the
name
and
for
the
benefit
of
the
corporation,
all
subscription
(or
fees)
or
contributions
or
donations
paid
or
given
by
the
subscribers
or
members.
**Importance
of
the
Treasurer‐in‐Trust:
The
person
who
will
issue
the
Treasurer’s
Affidavit,
which
is
required
under
Sec.
14.
Sec.
14.
Contents
of
the
articles
of
incorporation.
‐
All
corporations
organized
under
this
code
shall
file
with
the
Securities
and
Exchange
Commission
articles
of
incorporation
in
any
of
the
official
languages
duly
signed
and
acknowledged
by
all
of
the
incorporators,
containing
substantially
the
following
matters,
except
as
otherwise
prescribed
by
this
Code
or
by
special
law:
***
***
***
The
Securities
and
Exchange
Commission
shall
not
accept
the
articles
of
incorporation
of
any
stock
corporation
unless
accompanied
by
a
sworn
statement
of
the
Treasurer
elected
by
the
subscribers
showing
that
at
least
twenty‐five
(25%)
percent
of
the
authorized
capital
stock
of
the
corporation
has
been
subscribed,
and
at
least
twenty‐five
(25%)
of
the
total
subscription
has
been
fully
paid
to
him
in
actual
cash
and/or
in
property
the
fair
valuation
of
which
is
equal
to
at
least
twenty‐five
(25%)
percent
of
the
said
subscription,
such
paid‐up
capital
being
not
less
than
five
thousand
(P5,000.00)
pesos.
ELEVENTH:
(Corporations
which
will
engage
in
any
business
or
activity
reserved
for
Filipino
citizens
shall
provide
the
following):
"No
transfer
of
stock
or
interest
which
shall
reduce
the
ownership
of
Filipino
citizens
to
less
than
the
required
percentage
of
the
capital
stock
as
provided
by
existing
laws
shall
be
allowed
or
permitted
to
recorded
in
the
proper
books
of
the
corporation
and
this
restriction
shall
be
indicated
in
all
stock
certificates
issued
by
the
corporation."
1987
Constitution,
Article
XII,
Section
2.
All
lands
of
the
public
domain,
waters,
minerals,
coal,
petroleum,
and
other
mineral
oils,
all
forces
of
potential
energy,
fisheries,
forests
or
timber,
wildlife,
flora
and
fauna,
and
other
natural
resources
are
owned
by
the
State.
With
the
exception
of
agricultural
lands,
all
other
natural
resources
shall
not
be
alienated.
The
exploration,
development,
and
utilization
of
natural
resources
shall
be
under
the
full
control
and
supervision
of
the
State.
The
State
may
directly
undertake
such
activities,
or
it
may
enter
into
co‐production,
joint
venture,
or
production‐sharing
agreements
with
Filipino
citizens,
or
corporations
or
associations
at
least
sixty
per
centum
of
whose
capital
is
owned
by
such
citizens.
Such
agreements
may
be
for
a
period
not
exceeding
twenty‐five
years,
renewable
for
not
more
than
twenty‐five
years,
and
under
such
terms
and
conditions
as
may
be
provided
by
law.
In
cases
of
water
rights
for
irrigation,
water
supply
fisheries,
or
industrial
uses
other
than
the
development
of
water
power,
beneficial
use
may
be
the
measure
and
limit
of
the
grant.
***
***
***
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
7
1987
Constitution,
Article
XII,
Section
10.
The
Congress
shall,
upon
recommendation
of
the
economic
and
planning
agency,
when
the
national
interest
dictates,
reserve
to
citizens
of
the
Philippines
or
to
corporations
or
associations
at
least
sixty
per
centum
of
whose
capital
is
owned
by
such
citizens,
or
such
higher
percentage
as
Congress
may
prescribe,
certain
areas
of
investments.
The
Congress
shall
enact
measures
that
will
encourage
the
formation
and
operation
of
enterprises
whose
capital
is
wholly
owned
by
Filipinos.
In
the
grant
of
rights,
privileges,
and
concessions
covering
the
national
economy
and
patrimony,
the
State
shall
give
preference
to
qualified
Filipinos.
The
State
shall
regulate
and
exercise
authority
over
foreign
investments
within
its
national
jurisdiction
and
in
accordance
with
its
national
goals
and
priorities.
1987
Constitution,
Article
XII,
Section
11.
No
franchise,
certificate,
or
any
other
form
of
authorization
for
the
operation
of
a
public
utility
shall
be
granted
except
to
citizens
of
the
Philippines
or
to
corporations
or
associations
organized
under
the
laws
of
the
Philippines,
at
least
sixty
per
centum
of
whose
capital
is
owned
by
such
citizens;
nor
shall
such
franchise,
certificate,
or
authorization
be
exclusive
in
character
or
for
a
longer
period
than
fifty
years.
Neither
shall
any
such
franchise
or
right
be
granted
except
under
the
condition
that
it
shall
be
subject
to
amendment,
alteration,
or
repeal
by
the
Congress
when
the
common
good
so
requires.
The
State
shall
encourage
equity
participation
in
public
utilities
by
the
general
public.
The
participation
of
foreign
investors
in
the
governing
body
of
any
public
utility
enterprise
shall
be
limited
to
their
proportionate
share
in
its
capital,
and
all
the
executive
and
managing
officers
of
such
corporation
or
association
must
be
citizens
of
the
Philippines.
1987
Constitution,
Article
XVI,
Section
11.
(1)
The
ownership
and
management
of
mass
media
shall
be
limited
to
citizens
of
the
Philippines,
or
to
corporations,
cooperatives
or
associations,
wholly‐
owned
and
managed
by
such
citizens.
The
Congress
shall
regulate
or
prohibit
monopolies
in
commercial
mass
media
when
the
public
interest
so
requires.
No
combinations
in
restraint
of
trade
or
unfair
competition
therein
shall
be
allowed.
(2)
The
advertising
industry
is
impressed
with
public
interest,
and
shall
be
regulated
by
law
for
the
protection
of
consumers
and
the
promotion
of
the
general
welfare.
Only
Filipino
citizens
or
corporations
or
associations
at
least
seventy
per
centum
of
the
capital
of
which
is
owned
by
such
citizens
shall
be
allowed
to
engage
in
the
advertising
industry.
The
participation
of
foreign
investors
in
the
governing
body
of
entities
in
such
industry
shall
be
limited
to
their
proportionate
share
in
the
capital
thereof,
and
all
the
executive
and
managing
officers
of
such
entities
must
be
citizens
of
the
Philippines.
IN
WITNESS
WHEREOF,
we
have
hereunto
signed
these
Articles
of
Incorporation,
this
...................
day
of
..............................,
19
...........
in
the
City/Municipality
of
........................................,
Province
of
.................................................,
Republic
of
the
Philippines.
............................................
.............................................
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
8
............................................
.............................................
................................................
(Names
and
signatures
of
the
incorporators)
SIGNED
IN
THE
PRESENCE
OF:
............................................
.............................................
(Notarial
Acknowledgment)
N.B.
A
stipulation
not
included
in
Sec.
15,
can
be
added
to
conform
with
the
requirement
of
Sec.
18,
instead
of
submitting
a
separate
affidavit:
TWELVTH:
That
the
corporation
manifests
its
willingness
to
change
its
corporate
name
in
the
event
another
person,
firm
or
entity
has
acquired
a
prior
right
to
use
the
said
firm
name
or
one
deceptively
or
confusingly
similar
to
it.
SAMPLE:
Articles
of
Incorporation
ARTICLES
OF
INCORPORATION
OF
SANTO
REALTY,
INC.
Know
All
Men
By
These
Presents:
That
we,
all
of
whom
are
of
legal
age
and
majority
are
residents
of
the
Philippines,
have
on
this
day,
voluntarily
associated
ourselves
together
for
the
purpose
of
forming
a
stock
corporation
under
the
laws
of
the
Republic
of
the
Philippines:
AND
WE
DO
HEREBY
CERTIFY:
FIRST:
That
the
name
of
the
Corporation
shall
be
SANTO
REALTY,
INC.
SECOND:
That
the
specific
purposes
for
which
said
Corporation
is
formed
are:
To
acquire
by
purchase,
lease,
or
otherwise,
lands
or
interest
in
lands
and
realty,
and
to
own,
hold,
improve,
develop,
manage,
and
operate
said
land
or
lands
or
real
estate
so
acquired,
and
to
erect
or
cause
to
be
erected
on
any
lands,
owned,
held,
occupied,
or
acquired
by
the
corporation,
buildings
and
other
structures
with
their
appurtenances,
and
to
rebuild,
enlarge,
alter,
improve,
or
remodel
any
building
or
other
structures
now
or
hereafter
erected
on
any
lands
or
real
estates
so
owned,
held
or
occupied,
or
otherwise
dispose
of
any
lands
or
real
estate
or
interests
in
lands
or
real
estates
and
in
buildings
and
other
structures
at
anytime
owned
or
held
by
the
corporation.
1
[LEGAL
FORMS
MANUAL]
7
ATENEO
LAW
3D
’08‐‘09
9
THIRD:
That
the
place
where
the
principal
office
of
the
corporation
is
to
be
established
or
located
is
at
123
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines.
FOURTH:
That
the
term
for
which
the
Corporation
is
to
exist
is
Fifty
(50)
years
from
and
after
the
date
of
issuance
of
the
Certificate
of
Incorporation.
FIFTH:
That
the
names,
nationalities
and
residences
of
the
incorporators
are
as
follows:
NAME
NATIONALITY
RESIDENCE
1. Donald
Trump
Trump
Towers,
Manhattan
City,
American
New
York,
U.S.A.
2. Jonathan
Francis
Nepomuceno
123
Governor’s
Place,
Shaw
Blvd.,
Filipino
Mandaluyong
City,
Philippines
3. Ma.
Angela
Aguinaldo
456
Apitong
St.,
Ayala
Alabang,
Filipino
Muntinlupa
City,
Philippines
4. Ryan
Christopher
Teehankee
789
Teehankee
St.,
Multinational
Filipino
Village,
Paranaque
City,
Philippines
5. Jon
Paulo
Salvahan
1001
Vallejo
St.,
Santa
Rosa,
Filipino
Laguna,
Philippines
6. Anderson
Cooper
457
Apitong
St.,
Ayala
Alabang,
Filipino
Muntinlupa
City,
Philippines
7. Francis
Tom
Temprosa
124
Governor’s
Place,
Shaw
Blvd.,
Filipino
Mandaluyong
City,
Philippines
SIXTH:
That
the
number
of
directors
of
the
Corporation
shall
be
five
(5)
and
that
the
names,
nationalities
and
residence
of
the
Directors
of
said
Corporation
who
shall
act
as
such
until
their
successors
are
elected
and
have
qualified
as
provided
for
in
the
by‐laws
are
as
follows:
NAME
NATIONALITY
RESIDENCE
1. Donald
Trump
American
Trump
Towers,
Manhattan
City,
New
York,
U.S.A.
2. Jonathan
Francis
Nepomuceno
Filipino
123
Governor’s
Place,
Shaw
Blvd.,
Mandaluyong
City,
Philippines
3. Ma.
Angela
Aguinaldo
456
Apitong
St.,
Ayala
Alabang,
Filipino
Muntinlupa
City,
Philippines
4. Ryan
Christopher
Teehankee
789
Teehankee
St.,
Multinational
Filipino
Village,
Paranaque
City,
Philippines
5. Jon
Paulo
Salvahan
1001
Vallejo
St.,
Santa
Rosa,
Filipino
Laguna,
Philippines
SEVENTH:
That
the
authorized
capital
stock
of
the
Corporation
is
ONE
HUNDRED
MILLION
PESOS
(P100,000,000.00)in
lawful
money
of
the
Philippines,
divided
intoONE
MILLION
(1,000,000.00)
shares
with
the
a
par
value
of
ONE
HUNDRED
PESOS
(P
100.00)
per
share.
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
0
EIGHT:
That
the
authorized
capital
stock
of
the
corporation
has
been
fully
subscribed
representing
the
sum
of
ONE
HUNDRED
MILLION
PESOS
(P
100,000,000.00),
Philippine
Currency,
and
at
least
twenty
(25%)
per
cent
of
the
total
subscription
has
been
paid
as
follows:
Name
Nationality
No.
Of
Shares
Amount
Amount
Paid
Subscribed
Subscribed
1. Donald
Trump
American
400,000
P
40,000,000.00
P
40,000,000.00
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
1
INCORPORATORS
DONALD
TRUMP
JONATHAN
FRANCIS
NEPOMUCENO
TIN
No.
23‐5634‐5324
TIN
No.
54‐6786‐3454
MA.
ANGELA
AGUINALDO
RYAN
CHRISTOPHER
TEEHANKEE
TIN
No.
54‐6658‐9087
TIN
No.
54‐6879‐0987
JON
PAULO
SALVAHAN
ANDERSON
COOPER
TIN
No.
46‐0798‐8457
TIN
No.
76‐0978‐9834
FRANCIS
TOM
TEMPROSA
TIN
No.
56‐0987‐7890
SIGNED
IN
THE
PRESENCE
OF:
PHILIPPE
AQUINO
LUIS
MARTIN
TAN
ACKNOWLEDGEMENT
REPUBLIC
OF
THE
PHILIPPINES)
CITY
OF
MAKATI
)
S.S.
BEFORE
ME,
a
Notary
Public
in
and
for
Makati
City,
Philippines,
this
19th
day
of
February
2009
personally
appeared:
Name
Proof
of
Identification
Date
and
Place
issued
1.
Donald
Trump
Passport
with
No.
US‐1000234
01‐01‐2007
/
NY,
U.S.A.
2.
Jonathan
Nepomuceno
Driver’s
License
with
No.
02‐02‐2008
/
Mandaluyong
5111037
City
3.
Ma.
Angela
Aguinaldo
Driver’s
License
with
No.
03‐03‐2008
/
Muntinlupa
City
8996383
4.
Ryan
Teehankee
Driver’s
License
with
No.
04‐04‐2008
/
Paranaque
City
8571535
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
2
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
3
BY‐LAWS
Sec.
47.
Contents
of
by‐laws.
‐
Subject
to
the
provisions
of
the
Constitution,
this
Code,
other
special
laws,
and
the
articles
of
incorporation,
a
private
corporation
may
provide
in
its
by‐laws
for:
1.
The
time,
place
and
manner
of
calling
and
conducting
regular
or
special
meetings
of
the
directors
or
trustees;
2.
The
time
and
manner
of
calling
and
conducting
regular
or
special
meetings
of
the
stockholders
or
members;
3. The required quorum in meetings of stockholders or members and the manner of voting therein;
4. The form for proxies of stockholders and members and the manner of voting them;
5. The qualifications, duties and compensation of directors or trustees, officers and employees;
6.
The
time
for
holding
the
annual
election
of
directors
of
trustees
and
the
mode
or
manner
of
giving
notice
thereof;
7.
The
manner
of
election
or
appointment
and
the
term
of
office
of
all
officers
other
than
directors
or
trustees;
8. The penalties for violation of the by‐laws;
9. In the case of stock corporations, the manner of issuing stock certificates; and
10.
Such
other
matters
as
may
be
necessary
for
the
proper
or
convenient
transaction
of
its
corporate
business
and
affairs.
(21a)
SAMPLE:
By‐Laws
BY‐LAWSOF SANTO, INC.
ARTICLE I
SUBSCRIPTION, ISSUANCE AND TRANSFER OF SHARES
Section
1.
Subscriptions
‐
Subscribers
to
the
capital
stock
of
the
corporation
shall
pay
to
the
corporation
the
subscription
value
or
price
of
the
stock
in
accordance
with
the
terms
and
conditions
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
4
prescribed
by
the
Board
of
Directors.
Unpaid
subscriptions
shall
not
earn
interest
unless
determined
by
the
Board
of
Directors.
Section
2.
Certificate
‐
Each
stockholder
shall
be
entitled
to
one
or
more
certificates
for
such
fully
paid
stock
subscription
in
his
name
in
the
books
of
the
corporation.
The
certificates
shall
contain
the
matters
required
by
law
and
the
Articles
of
Incorporation.
They
shall
be
in
such
form
and
design
as
may
be
determined
by
the
Board
of
Directors
and
numbered
consecutively.
The
certificates,
which
must
be
issued
in
consecutive
order,
shall
bear
the
signature
of
the
President,
mutually
countersigned
by
the
Secretary
or
Assistant
Secretary,
and
sealed
with
the
corporate
seal.
Section
3.
Transfer
of
Shares
‐
Subject
to
the
restrictions,
terms
and
conditions
contained
in
the
Articles
of
Incorporation,
shares
may
be
transferred,
sold,
ceded,
assigned
or
pledged
by
delivery
of
the
certificates
duly
endorsed
by
the
stockholder,
his
attorney‐in‐fact,
or
other
legally
authorized
person.
The
transfer
shall
be
valid
and
binding
on
the
corporation
only
upon
record
thereof
in
the
books
of
the
corporation,
cancellation
of
the
certificate
surrendered
to
the
Secretary,
and
issuance
of
a
new
certificate
to
the
transferee.
No
shares
of
stock
against
which
the
corporation
holds
unpaid
claim
shall
be
transferable
in
the
books
of
the
corporation.
All
certificates
surrendered
for
transfer
shall
be
stamped
"Canceled"
on
the
face
thereof,
together
with
the
date
of
cancellation,
and
attached
to
the
corresponding
stub
with
the
certificate
book.
Section
4.
Lost
Certificates
‐
In
case
any
certificate
for
the
capital
stock
of
the
corporation
is
lost,
stolen,
or
destroyed,
a
new
certificate
may
be
issued
in
lieu
thereof
in
accordance
with
the
procedure
prescribed
under
Section
73
of
the
Corporation
Code
ARTICLE II
MEETINGS OF STOCKHOLDERS
Section
1.
Regular
Meetings
‐
The
regular
meetings
of
stockholders,
for
the
purpose
of
electing
directors
and
for
the
transaction
of
such
business
as
may
properly
come
before
the
meeting,
shall
be
held
at
the
principal
office
on
the
30th
day
of
January
of
each
year,
if
a
legal
holiday,
then
on
the
following
day.
Section
2.
Special
Meeting
‐
The
special
meetings
of
stockholders,
for
any
purpose
or
purposes,
may
at
any
time
be
called
by
any
of
the
following:
(a)
Board
of
Directors,
at
its
own
instance,
or
at
the
written
request
of
stockholders
representing
a
majority
of
the
outstanding
capital
stock,
(b)
President.
Section
3.
Place
of
Meeting
‐
Stockholders'
meetings,
whether
regular
or
special,
shall
be
held
in
the
principal
office
of
the
corporation
or
at
any
place
designated
by
the
Board
of
Directors
in
the
city
or
municipality
where
the
principal
office
of
the
corporation
is
located.
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
5
Section
4.
Notice
of
Meeting
‐
Notices
for
regular
or
special
meetings
of
stockholders
may
be
sent
by
the
Secretary
by
personal
delivery
or
by
mail
at
least
two
(2)
weeks
prior
to
the
date
of
the
meeting
to
each
stockholder
of
record
at
his
last
known
post
office
address
or
by
publication
in
a
newspaper
of
general
circulation.
The
notice
shall
state
the
place,
date
and
hour
of
the
meeting,
and
the
purpose
or
purposes
for
which
the
meeting
is
called.
In
case
of
special
meetings,
only
matters
stated
in
the
notice
can
be
subject
of
motions
or
deliberations
at
such
meeting.
When
the
meeting
of
stockholders
is
adjourned
to
another
time
or
place,
it
shall
not
be
necessary
to
give
any
notice
of
the
adjourned
meeting
if
the
time
and
place
to
which
the
meeting
is
adjourned
are
announced
at
the
meeting
at
which
the
adjournment
is
taken.
At
the
reconvened
meeting,
any
business
may
be
transacted
that
might
have
been
transacted
on
the
original
date
of
the
meeting.
Section
5.
Quorum
‐
Unless
otherwise
provided
by
law,
in
all
regular
or
special
meeting
of
stockholders,
a
majority
of
the
outstanding
capital
stock
must
be
present
or
represented
in
order
to
constitute
a
quorum.
If
no
quorum
is
constituted,
the
meeting
shall
be
adjourned
until
the
requisite
amount
of
stock
shall
be
present.
Section
6.
Conduct
of
Meeting
‐
Meeting
of
the
stockholders
shall
be
presided
over
by
the
Chairman
of
the
Board,
or
in
his
absence,
the
President,
or
if
none
of
the
foregoing
is
in
office
and
present
and
acting,
by
a
chairman
to
be
chosen
by
the
stockholders.
The
Secretary
shall
act
as
Secretary
of
every
meeting,
but
if
not
present,
the
chairman
of
the
meeting
shall
appoint
a
secretary
of
the
meeting.
The
chairman
of
the
meeting
may
adjourn
the
meeting
from
time
to
time,
without
notice
other
than
announced
at
the
meeting.
Section
7.
Manner
of
Voting
‐
At
all
meetings
of
stockholders,
a
stockholder
may
vote
in
person
or
by
proxy
executed
in
writing
by
the
stockholder
or
his
duly
authorized
attorney‐in‐fact.
Unless
otherwise
provided
in
the
proxy,
it
shall
be
valid
only
for
the
meeting
at
which
it
has
been
presented
to
the
Secretary.
All
proxies
must
be
in
the
hands
of
the
Secretary
before
the
time
set
for
the
meeting.
Such
proxies
filed
with
the
Secretary
may
be
revoked
by
the
stockholders
either
in
an
instrument
in
writing
duly
presented
and
recorded
with
the
Secretary
prior
to
a
scheduled
meeting
or
by
their
personal
presence
at
the
meeting.
Section
8.
Closing
of
Transfer
Books
of
Fixing
of
Record
Date
‐
For
the
purpose
of
determining
the
stockholders
entitled
to
notice
of,
or
to
vote
at,
any
meeting
of
stockholders
or
any
adjournment
thereof
or
to
receive
payment
of
any
dividend,
or
of
making
a
determination
of
stockholders
for
any
proper
purpose,
the
Board
of
Directors
may
provide
that
the
stock
and
transfer
books
be
closed
for
a
stated
period,
but
not
to
exceed,
in
any
case,
twenty
(20)
days.
If
the
stock
and
transfer
books
be
closed
for
the
purpose
of
determining
stockholders
entitled
to
notice
of,
or
to
vote
at,
a
meeting
of
stockholders,
such
books
shall
be
closed
for
at
least
ten
(10)
working
days
immediately
preceding
such
meeting.
In
lieu
of
closing
the
stock
and
transfer
books,
the
Board
of
Directors
may
fix
in
advance
a
date
as
the
record
date
which
shall
in
no
case
be
more
than
twenty
(20)
days
prior
to
the
date
on
which
the
particular
action
requiring
such
determination
of
stockholders
is
to
be
taken,
except
in
instance
where
applicable
rules
and
regulations
provided
otherwise.
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
6
ARTICLE III
BOARD OF DIRECTORS
Section
1.
Powers
of
the
Board
‐
Unless
otherwise
provided
by
law,
the
corporate
powers
of
the
corporation
shall
be
exercised,
all
business
conducted
and
all
property
of
the
corporation
controlled
and
held
by
the
Board
of
Directors
to
be
elected
by
and
from
among
the
stockholders.
Without
prejudice
to
such
general
powers
and
such
other
powers
as
may
be
granted
by
law,
the
Board
of
Directors
shall
have
the
following
express
powers:
a)
From
time
to
time,
to
make
and
change
rules
and
regulations
not
inconsistent
with
these
by‐
laws
for
the
management
of
the
corporation's
business
and
affairs;
b)
To
purchase,
receive,
take
or
otherwise
acquire
in
any
lawful
manner,
for
and
in
the
name
of
the
corporation,
any
and
all
properties,
rights,
interest
or
privileges,
including
securities
and
bonds
of
other
corporations,
as
the
transaction
of
the
business
of
the
corporation
may
reasonably
or
necessarily
require,
for
such
consideration
and
upon
such
terms
and
conditions
as
the
Board
may
deem
proper
or
convenient;
c)
To
invest
the
funds
of
the
corporation
in
another
corporation
or
business
or
for
any
other
purposes
other
than
those
for
which
the
corporation
was
organized,
whenever
in
the
judgment
of
the
Board
of
Directors
the
interests
of
the
corporation
would
thereby
be
promoted,
subject
to
such
stockholders'
approval
as
may
be
required
by
law;
d)
To
incur
such
indebtedness
as
the
Board
may
deem
necessary
and,
for
such
purpose,
to
make
and
issue
evidence
of
such
indebtedness
including,
without
limitation,
notes,
deeds
of
trust,
instruments,
bonds,
debentures,
or
securities,
subject
to
such
stockholders'
approval
as
may
be
required
by
law,
and/or
pledge,
mortgage,
or
otherwise
encumber
all
or
part
of
the
properties
and
rights
of
the
corporation;
provided
that
the
borrowing
shall
be
sourced
from
not
more
than
nineteen
(19)
lenders;
e)
To
guarantee
and
secure
payment
of,
for
and
in
behalf
of
the
obligations
of
other
corporations
or
entities
in
which
it
has
lawful
interest;
f)
To
make
provisions
for
the
discharge
of
the
obligations
of
the
corporation
as
they
mature,
including
payment
for
any
property,
or
in
stocks,
bonds,
debentures,
or
other
securities
of
the
corporation
lawfully
issued
for
the
purpose;
g)
To
sell,
lease,
exchange,
assign,
transfer
or
otherwise
dispose
of
any
property,
real
or
personal,
belonging
to
the
corporation
whenever
in
the
Board's
judgment,
the
corporation's
interest
would
thereby
be
promoted;
h)
To
establish
pension,
retirement,
bonus,
profit‐
sharing,
or
other
types
of
incentives
or
compensation
plans
for
the
employees,
including
officers
and
directors
of
the
corporation
and
to
determine
the
persons
to
participate
in
any
such
plans
and
the
amount
of
their
respective
participation;
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
7
i)
To
prosecute,
maintain,
defend,
compromise
or
abandon
any
lawsuit
in
which
the
corporation
or
its
officers
are
either
plaintiffs
or
defendants
in
connection
with
the
business
of
the
corporation,
and
likewise,
to
grant
installments
for
the
payments
or
settlement
of
whatsoever
debts
are
payable
to
the
corporation;
j)
To
delegate,
from
time
to
time,
any
of
the
powers
of
the
Board
which
may
lawfully
be
delegated
in
the
course
of
the
current
business
or
businesses
of
the
corporation
to
any
standing
or
special
committee
or
to
any
officer
or
agent
and
to
appoint
any
persons
to
be
agents
of
the
corporation
with
such
powers
(including
the
power
to
sub‐delegate),
and
upon
such
terms,
as
may
be
deemed
fit;
k)
To
implement
these
by‐laws
and
to
act
on
any
matter
not
covered
by
these
by‐laws
provided
such
matter
does
not
require
the
approval
or
consent
of
the
stockholders
under
any
existing
law,
rules
or
regulation.
Section
2.
Election
and
Term
‐
The
Board
of
Directors
shall
be
elected
during
each
regular
meeting
of
stockholders
and
shall
hold
office
for
one
(1)
year
and
until
their
successors
are
elected
and
qualified.
Section
3.
Vacancies
‐
Any
vacancy
occurring
in
the
Board
of
Directors
other
than
by
removal
by
the
stockholders
or
by
expiration
of
term,
may
be
filled
by
the
vote
of
at
least
a
majority
of
the
remaining
directors,
if
still
constituting
a
quorum;
otherwise,
the
vacancy
must
be
filled
by
the
stockholders
at
a
regular
or
at
any
special
meeting
of
stockholders
called
for
the
purpose.
A
director
so
elected
to
fill
a
vacancy
shall
be
elected
only
for
the
unexpired
term
of
his
predecessor
in
office.
Any
directorship
to
be
filled
by
reason
of
an
increase
in
the
number
of
directors
shall
be
filled
only
by
an
election
at
a
regular
or
at
a
special
meeting
of
stockholders
duly
called
for
the
purpose,
or
in
the
same
meeting
authorizing
the
increase
of
directors
if
so
stated
in
the
notice
of
the
meeting.
The
vacancy
resulting
from
the
removal
of
a
director
by
the
stockholders
in
the
manner
provided
by
law
may
be
filed
by
election
at
the
same
meeting
of
stockholders
without
further
notice,
or
at
any
regular
or
at
any
special
meeting
of
stockholders
called
for
the
purpose,
after
giving
notice
as
prescribed
in
this
by‐laws.
Section
4.
Meetings
‐
Regular
meetings
of
the
Board
of
Directors
shall
be
held
once
every
quarter
of
the
year
on
such
dates
and
at
such
times
and
places
as
the
Chairman
of
the
Board,
or
in
his
absence,
the
President,
or
upon
the
request
of
a
majority
of
the
directors
and
shall
be
held
at
such
places
as
may
be
designated
in
the
notice.
Section
5.
Notice
‐
Notice
of
the
regular
or
special
meeting
of
the
Board
specifying
the
date,
time
and
place
of
the
meeting,
shall
be
communicated
by
the
Secretary
to
each
director
personally,
or
by
telephone,
telex,
telegram,
facsimile
or
by
written
or
oral
message.
A
director
may
waive
this
requirement,
either
expressly
or
impliedly.
Section
6.
Quorum
‐
A
majority
of
the
number
of
directors
as
fixed
in
the
Articles
of
Incorporation
shall
constitute
a
quorum
for
the
transaction
of
corporate
business
and
every
decision
of
at
least
a
majority
of
the
directors
present
at
a
meeting
at
which
there
is
a
quorum
shall
be
valid
as
a
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
8
corporate
act,
except
for
the
election
of
officers
which
shall
require
the
vote
of
a
majority
of
all
the
members
of
the
Board.
Section
7.
Conduct
of
the
Meetings
‐
Meetings
of
the
Board
of
Directors
shall
be
presided
over
by
the
Chairman
of
the
Board,
or
in
his
absence,
the
President
or
if
none
of
the
foregoing
is
in
office
and
present
and
acting,
by
any
other
director
chosen
by
the
Board.
The
Secretary
shall
act
as
secretary
of
every
meeting,
if
not
present,
the
Chairman
of
the
meeting
shall
appoint
a
secretary
of
the
meeting.
ARTICLE IV
OFFICERS
Section
1.
Election/Appointment
‐
Immediately
after
their
election,
the
Board
of
Directors
shall
formally
organize
by
electing
the
Chairman,
the
President,
one
or
more
Vice‐
President,
the
Treasurer,
and
the
Secretary,
at
said
meeting.
The
Board
may,
from
time
to
time,
appoint
such
other
officers
as
it
may
determine
to
be
necessary
or
proper.
Any
two
(2)
or
more
positions
may
be
held
concurrently
by
the
same
person,
except
that
no
one
shall
act
as
President
and
Treasurer
or
Secretary
at
the
same
time.
Section
2.
Chairman
of
the
Board
‐
The
Chairman
of
the
Board
of
Directors
shall
preside
at
the
meetings
of
the
directors
and
the
stockholders.
He
shall
also
exercise
such
powers
and
perform
such
duties
as
the
Board
of
Directors
may
assign
to
him.
Section
3.
President
‐
The
President,
who
shall
be
a
director,
shall
be
the
Chief
Executive
Officer
of
the
corporation
and
shall
also
have
administration
and
direction
of
the
day‐to‐day
business
affairs
of
the
corporation.
He
shall
exercise
the
following
functions:
a)
To
preside
at
the
meetings
of
the
Board
of
Directors
and
of
the
stockholders
in
the
absence
of
the
Chairman
of
the
Board
of
Directors;
b)
To
initiate
and
develop
corporate
objectives
and
policies
and
formulate
long
range
projects,
plans
and
programs
for
the
approval
of
the
Board
of
Directors,
including
those
for
executive
training,
development
and
compensation;
c)
To
have
general
supervision
and
management
of
the
business
affairs
and
property
of
the
corporation;
1
[LEGAL
FORMS
MANUAL]
8
ATENEO
LAW
3D
’08‐‘09
9
d)
To
ensure
that
the
administrative
and
operational
policies
of
the
corporation
are
carried
out
under
his
supervision
and
control;
e)
Subject
to
guidelines
prescribed
by
law,
to
appoint
remove,
suspend
or
discipline
employees
of
the
corporation,
prescribe
their
duties
and
determine
their
salaries;
f) To oversee the preparation of the budgets and the statement of accounts of the corporation;
g) To prepare such statements and reports of the corporation as may be required of him by law;
h) To represent the corporation at all functions and proceedings;
i)
To
execute
on
behalf
of
the
corporation
all
contracts,
agreements
and
other
instruments
affecting
the
interests
of
the
corporation
which
require
the
approval
of
the
Board
of
Directors,
except
as
otherwise
directed
by
the
Board
of
Directors;
j) To make reports to the Board of Directors and stockholders;
k) To sign certificates of stock;
l)
To
perform
such
other
duties
as
are
incident
to
his
office
or
are
entrusted
to
him
by
the
Board
of
Directors;
The
President
may
assign
the
exercise
or
performance
of
any
of
the
foregoing
powers,
duties
and
functions
to
any
other
officer(s),
subject
always
to
his
supervision
and
control.
Section
5.
The
Secretary
‐
The
Secretary
must
be
a
resident
and
a
citizen
of
the
Philippines.
He
shall
be
the
custodian
of
and
shall
maintain
the
corporate
books
and
record
and
shall
be
the
recorder
of
the
corporation's
formal
actions
and
transactions.
He
shall
have
the
following
specific
powers
and
duties:
a)
To
record
or
see
to
the
proper
recording
of
the
minutes
and
transactions
of
all
meetings
of
the
directors
and
the
stockholders
and
to
maintain
minute
books
of
such
meetings
in
the
form
and
manner
required
by
law;
b)
To
keep
or
cause
to
be
kept
record
books
showing
the
details
required
by
law
with
respect
to
the
stock
certificates
of
the
corporation,
including
ledgers
and
transfer
books
showing
all
shares
of
the
corporation
subscribed,
issued
and
transferred;
c)
To
keep
the
corporate
seal
and
affix
it
to
all
papers
and
documents
requiring
a
seal,
and
to
attest
by
his
signature
all
corporate
documents
requiring
the
same;
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
0
d)
To
attend
to
the
giving
and
serving
of
all
notices
of
the
corporation
required
by
law
or
these
by‐laws
to
be
given;
e)
To
certify
to
such
corporate
acts,
countersign
corporate
documents
or
certificates,
and
make
reports
or
statements
as
may
be
required
of
him
by
law
or
by
government
rules
and
regulations;
f)
To
act
as
the
inspector
of
the
election
of
directors
and,
as
such,
to
determine
the
number
of
shares
of
stock
outstanding
and
entitled
to
vote,
the
shares
of
stock
represented
at
the
meeting,
the
evidence
of
a
quorum,
the
validity
and
effect
of
proxies,
and
to
receive
votes,
ballots
or
consents,
hear
and
determine
all
challenges
and
questions
arising
in
connection
with
the
right
to
vote,
count
and
tabulate
all
votes,
ballots
or
consents,
determine
the
result,
and
do
such
acts
as
are
proper
to
conduct
the
election
or
vote.
The
Secretary
may
assign
the
exercise
or
performance
of
any
or
all
the
foregoing
duties,
powers
and
functions
to
any
other
person
or
persons,
subject
always
to
his
supervision
and
control;
g)
To
perform
such
other
duties
as
incident
to
his
office
or
as
may
be
assigned
to
him
by
the
Board
of
Directors
or
the
President.
Section
6.
Treasurer
‐
The
Treasurer
of
the
corporation
shall
be
its
chief
fiscal
officer
and
the
custodian
of
its
funds,
securities
and
property.
The
Treasurer
shall
have
the
following
duties:
a)
To
keep
full
and
accurate
accounts
of
receipts
and
disbursements
in
the
books
of
the
corporation;
b)
To
have
custody
of,
and
be
responsible
for,
all
the
funds,
securities
and
bonds
of
the
corporation;
c)
To
deposit
in
the
name
and
to
the
credit
of
the
corporation,
in
such
bank
as
may
be
designated
from
time
to
time
by
the
Board
of
Directors,
all
the
moneys,
funds,
securities,
bonds
and
similar
valuable
effects
belonging
to
the
corporation
which
may
come
under
his
control;
d)
To
render
an
annual
statement
showing
the
financial
condition
of
the
corporation
and
such
other
financial
reports
as
the
Board
of
Directors,
the
Chairman,
or
the
President,
may,
from
time
to
time
require;
e)
To
prepare
such
financial
reports,
statements,
certifications
and
other
documents
which
may,
from
time
to
time,
be
required
by
government
rules
and
regulations
and
to
submit
the
same
to
the
proper
government
agencies;
f)
To
exercise
such
powers
and
perform
such
duties
and
functions
as
may
be
assigned
to
him
by
the
President.
Section
7.
Term
of
Office
‐
The
term
of
office
of
all
officers
shall
be
for
a
period
of
one
(1)
year
and
until
their
successors
are
duly
elected
and
qualified.
Such
officers
may
however
be
sooner
removed
for
cause.
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
1
Section
8.
Vacancies
‐
If
any
position
of
the
officers
becomes
vacant
by
reason
of
death,
resignation,
disqualification
or
for
any
other
cause,
the
Board
of
Directors
by
majority
vote
may
elect
a
successor
who
shall
hold
office
for
the
unexpired
term.
Section
9.
Compensation
‐
The
by‐laws
officers
shall
receive
such
remuneration
as
the
Board
of
Directors
may
determine.
All
other
officers
shall
receive
such
remuneration
as
the
Board
of
Directors
may
determine
upon
recommendation
of
the
President.
A
director
shall
not
be
precluded
from
serving
the
corporation
in
any
other
capacity
as
an
officer,
agent,
or
otherwise,
and
receiving
compensation
therefor.
ARTICLE V
OFFICE
Section
1.
Office
‐
The
principal
office
of
the
corporation
shall
be
located
at
the
place
stated
in
Article
III
of
the
Articles
of
Incorporation.
The
corporation
may
have
such
other
branch
offices,
either
within
or
outside
the
Philippines,
as
the
Board
of
Directors
may
designate
or
as
the
business
of
the
corporation
may,
from
time
to
time
require.
ARTICLE VI
AUDIT OF BOOKS, FISCAL YEAR AND DIVIDENDS
Section
1.
External
Auditors
‐
At
the
regular
stockholders'
meeting,
the
external
auditor
or
auditors
of
the
corporation
for
the
ensuing
year
shall
be
appointed.
The
external
auditor
or
auditors
shall
examine,
verify
and
report
on
the
earnings
and
expenses
of
the
corporation
and
shall
certify
the
remuneration
of
the
external
auditor
or
auditors
as
determined
by
the
Board
of
Directors.
Section
3.
Dividends
‐
Dividends
shall
be
declared
and
paid
out
of
the
unrestricted
retained
earnings
which
shall
be
payable
in
cash,
property
or
stock
to
all
stockholders
on
the
basis
of
outstanding
stock
held
by
them,
as
often
and
at
such
times
as
the
Board
of
Directors
may
determine
and
in
accordance
with
law
and
applicable
rules
and
regulations.
ARTICLE VII
AMENDMENTS
Section
1.
Amendments
‐
This
by‐laws
may
be
amended
or
repealed
by
the
affirmative
vote
of
at
least
a
majority
of
the
Board
of
Directors
and
the
stockholders
representing
a
majority
of
the
outstanding
capital
stock
at
any
stockholders'
meeting
called
for
the
purpose.
However,
the
power
to
amend,
modify,
repeal
or
adopt
new
by‐laws
may
be
delegated
to
the
Board
of
Directors
by
the
affirmative
vote
of
stockholders
representing
not
less
than
two‐thirds
of
the
outstanding
capital
stock;
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
2
ARTICLE VIII
SEAL
Section
1.
Form
and
Inscriptions
‐
The
corporate
seal
shall
be
determined
by
the
Board
of
Directors.
ARTICLE IX
ADOPTION CLAUSE
The
foregoing
by‐laws
was
adopted
by
all
the
stockholders
of
the
corporation
on
April
12,
2009
at
the
principal
office
of
the
corporation.
IN
WITNESS
WHEREOF,
we,
the
undersigned
incorporators
present
at
said
meeting
and
voting
thereat
in
favor
of
the
adoption
of
said
by‐laws,
have
hereunto
subscribed
our
names
this
12th
day
of
April
2009
at
Makati
City,
Philippines.
SIGNATURES
OF
ALL
INCORPORATORS
DONALD
TRUMP
JONATHAN
FRANCIS
NEPOMUCENO
TIN
No.
23‐5634‐5324
TIN
No.
54‐6786‐3454
MA.
ANGELA
AGUINALDO
RYAN
CHRISTOPHER
TEEHANKEE
TIN
No.
54‐6658‐9087
TIN
No.
54‐6879‐0987
JON
PAULO
SALVAHAN
ANDERSON
COOPER
TIN
No.
46‐0798‐8457
TIN
No.
76‐0978‐9834
FRANCIS
TOM
TEMPROSA
TIN
No.
56‐0987‐7890
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
3
MINUTES
OF
THE
MEETING
Sec.
74.
Books
to
be
kept;
stock
transfer
agent.
‐
Every
corporation
shall
keep
and
carefully
preserve
at
its
principal
office
a
record
of
all
business
transactions
and
minutes
of
all
meetings
of
stockholders
or
members,
or
of
the
board
of
directors
or
trustees,
in
which
shall
be
set
forth
in
detail
the
time
and
place
of
holding
the
meeting,
how
authorized,
the
notice
given,
whether
the
meeting
was
regular
or
special,
if
special
its
object,
those
present
and
absent,
and
every
act
done
or
ordered
done
at
the
meeting.
Upon
the
demand
of
any
director,
trustee,
stockholder
or
member,
the
time
when
any
director,
trustee,
stockholder
or
member
entered
or
left
the
meeting
must
be
noted
in
the
minutes;
and
on
a
similar
demand,
the
yeas
and
nays
must
be
taken
on
any
motion
or
proposition,
and
a
record
thereof
carefully
made.
The
protest
of
any
director,
trustee,
stockholder
or
member
on
any
action
or
proposed
action
must
be
recorded
in
full
on
his
demand.
The
records
of
all
business
transactions
of
the
corporation
and
the
minutes
of
any
meetings
shall
be
open
to
inspection
by
any
director,
trustee,
stockholder
or
member
of
the
corporation
at
reasonable
hours
on
business
days
and
he
may
demand,
writing,
for
a
copy
of
excerpts
from
said
records
or
minutes,
at
his
expense.
Any
officer
or
agent
of
the
corporation
who
shall
refuse
to
allow
any
director,
trustees,
stockholder
or
member
of
the
corporation
to
examine
and
copy
excerpts
from
its
records
or
minutes,
in
accordance
with
the
provisions
of
this
Code,
shall
be
liable
to
such
director,
trustee,
stockholder
or
member
for
damages,
and
in
addition,
shall
be
guilty
of
an
offense
which
shall
be
punishable
under
Section
144
of
this
Code:
Provided,
That
if
such
refusal
is
made
pursuant
to
a
resolution
or
order
of
the
board
of
directors
or
trustees,
the
liability
under
this
section
for
such
action
shall
be
imposed
upon
the
directors
or
trustees
who
voted
for
such
refusal:
and
Provided,
further,
That
it
shall
be
a
defense
to
any
action
under
this
section
that
the
person
demanding
to
examine
and
copy
excerpts
from
the
corporation's
records
and
minutes
has
improperly
used
any
information
secured
through
any
prior
examination
of
the
records
or
minutes
of
such
corporation
or
of
any
other
corporation,
or
was
not
acting
in
good
faith
or
for
a
legitimate
purpose
in
making
his
demand.
MINUTES
OF
THE
SPECIAL
MEETING
OF
THE
BOARD
OF
DIRECTORS
OF
_________________________________________
(NAME
OF
CORPORATION)
(PLACE
OF
MEETING)
(DATE
OF
MEETING)
PRESENT:
__________________________
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
4
__________________________
__________________________
__________________________
ABSENT:
__________________________
I. Call to Order
Mr.
__________________________,
who
was
requested
to
act
as
Chairman
of
the
Meeting,
called
the
meeting
to
order
and
presided
over
the
same.
The
Corporate
Secretary,
__________________________,
recorded
the
minutes
of
the
proceedings.
II.
Certification
of
Quorum
The
Corporate
Secretary
certified
that
a
quorum
for
the
transaction
of
business
existed,
there
being
present
a
majority
of
the
members
of
the
board
of
directors.
III.
Agenda
[Insert
the
business
transactions,
including
resolutions
approved
by
the
board.]
V.
Adjournment
There
being
no
further
business
to
transact,
the
meeting
was
thereupon
adjourned.
ATTEST:
_______________________
Director
___________________________
Chairman
of
the
Meeting/Director
_______________________
___________________________
Director
Corporate
Secretary/Director
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
5
SAMPLE:
Minutes
of
the
Meeting
MINUTES
OF
THE
SPECIAL
MEETING
OF
THE
BOARD
OF
DIRECTORS
OF
ARCHIBALD
AND
WALDORF
REALTY,
INC.
Held
at
the
5th
Floor,
Tanduay
Complex,
423
Brei
Street,
Makati
City
14
February
2009
PRESENT:
GEORGIA
LAGDAMEO
XIELA
ANTONIO
ANNA
DE
GUZMAN
JUSTIN
GUEVARRA
ABSENT:
CHASE
CRAWFORD
I. Call to Order
Mr.
Justin
Guevarra,
who
was
requested
to
act
as
Chairman
of
the
Meeting,
called
the
meeting
to
order
and
presided
over
the
same.
The
Corporate
Secretary,
Atty.
Anna
de
Guzman,
recorded
the
minutes
of
the
proceedings.
II.
Certification
of
Quorum
The
Corporate
Secretary
certified
that
a
quorum
for
the
transaction
of
business
existed,
there
being
present
a
majority
of
the
members
of
the
board
of
directors.
III.
Transaction
with
Smart
Telecom,
Inc.
The
Chairman
informed
the
Board
that
the
meeting
was
called
to
appoint
Ms.
Georgia
Lagdameo
as
the
new
authorized
signatory
of
the
Corporation
for
transactions
with
Smart
Telecom,
Inc.
in
relation
to
its
Oversees
Call
Communication
Incentives
Program.
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
6
Upon
motion
duly
made
and
seconded,
the
Board
passed
and
approved
the
following
resolution:
“RESOLVED,
That
the
Corporation
hereby
appoints
its
Director
and
Treasurer,
Ms.
Georgia
Lagdameo,
as
the
Corporation’s
authorized
representative
for
all
transactions
relating
to
Smart
Telecom,
Inc.’s
Oversees
Call
Communication
Incentives
Program;
“RESOLVED,
FURTHER,
That
Ms.
Georgia
Lagdameo
is
hereby
authorized
to
sign,
execute
and
deliver,
for
and
in
behalf
of
the
Corporation,
all
forms,
papers
and
documents
required
by
Smart
Telecom,
Inc.
and
to
do
all
acts
necessary
for
the
purpose;
“RESOLVED,
FINALLY,
That
this
resolution
revokes
all
prior
resolutions
on
the
subject
matter.”
IV.
Renewal
of
Lease
Contract
The
Board
was
also
requested
to
appoint
Mr.
Justin
Guevarra
as
the
Corporation’s
authorized
representative
for
the
renewal
of
the
lease
contract
over
its
office
premises
located
at
5th
Floor,
Tanduay
Complex,
423
Brei
Street,
Makati
City.
After
discussions
and
upon
motion
duly
made
and
seconded,
the
Board
passed
and
approved
the
following
resolution:
“RESOLVED,
That
the
Corporation
is
hereby
authorized
to
renew
the
lease
contract
over
its
office
premises
located
at
the
5th
Floor,
Tanduay
Complex,
423
Brei
Street,
Makati
City
having
an
area
of
One
Hundred
Fifty
Square
Meters
(150),
more
or
less,
under
such
terms
and
conditions
as
management
may
deem
most
beneficial
to
the
Corporation;
“RESOLVED,
FURTHER,
That
the
General
Manager,
Mr.
Justin
Guevarra,
is
hereby
authorized
and
empowered
to
sign,
execute
and
deliver,
for
and
in
behalf
of
the
Corporation,
the
Contract
of
Lease
and
such
other
contracts
and
documents
required
for
the
implementation
of
the
authority
granted
herein.”
V.
Adjournment
There
being
no
further
business
to
transact,
the
meeting
was
thereupon
adjourned.
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
7
ATTEST:
JUSTIN
GUEVARRA
GEORGIA
LAGDAMEO
Chairman
of
the
Meeting/Director
Director
XIELA
ANTONIO
MARIE
CECILE
ROQUE‐QUINTOS
Director
Corporate
Secretary/Director
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
8
SECRETARY’S
CERTIFICATE
When
a
Secretary's
Certificate
is
regular
on
its
face,
it
can
be
sufficiently
relied
on
by
a
third
party
who
does
not
have
to
investigate
the
truth
of
the
facts
contained
in
such
certification;
otherwise
business
transaction
of
corporations
would
become
tortuously
slow
and
unnecessarily
hampered.40
REPUBLIC
OF
THE
PHILIPPINES)
Province
of
____________________)
S.S.
City/Municipality
of
_____________)
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
SECRETARY'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS:
I,
the
undersigned
Corporate
Secretary
of
__Name
of
Corporation__,
INC.,
a
domestic
corporation
duly
organized
and
existing
under
and
by
virtue
of
the
laws
of
the
Republic
of
the
Philippines,
DO
HEREBY
CERTIFY
that
at
a
(regular/special)
meeting
of
the
Board
of
Directors
of
said
corporation
held
at
its
principal
office
in
_____________,
Philippines
on
_____________,
duly
called
for
the
purpose,
a
quorum
being
present
and
acted
throughout,
the
following
resolutions
were
unanimously
adopted,
and
are
now
in
full
force
and
effect,
to
wit:
"RESOLVED,
that
[insert
board
resolution]."
"RESOLVED,
FURTHER,
x
x
x."
I
FURTHER
CERTIFY
that
the
person
herein
designated
as
officer
of
this
Corporation
has
been
duly
elected
in
accordance
with
the
By‐Laws
and
now
hold
the
office/title
in
this
Corporation
as
stated
herein.
IN
WITNESS
WHEREOF,
I
have
hereunto
affixed
my
signature
this
_____________
at
_____________,
Philippines.
__________________________
CORPORATE SECRETARY
ATTESTED TO BY:
40
Esguerra
v.
Court
of
Appeals,
267
CRA
380
(1997).
1
[LEGAL
FORMS
MANUAL]
9
ATENEO
LAW
3D
’08‐‘09
9
__________________________
PRESIDENT
JURAT
SUBSCRIBED
AND
SWORN
before
me
this........
day
of
...........................
2008,
by
.............................................
who
exhibited
to
me
his
CTC
No.
...................................
issued
on
.................................
at
...........................................
Notary
Public
Doc.
No.
.........:
Page
No.
.........;
Book
No.
.........;
Series
of
20___.
SAMPLE:
Secretary’s
Certificate
REPUBLIC
OF
THE
PHILIPPINES)
City
of
Makati
)
S.S.
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
SECRETARY'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS:
I,
the
undersigned
Corporate
Secretary
of
SANTO
REALTY
INC.,
a
domestic
corporation
duly
organized
and
existing
under
and
by
virtue
of
the
laws
of
the
Republic
of
the
Philippines,
DO
HEREBY
CERTIFY
that
at
a
SPECIAL
meeting
of
the
Board
of
Directors
of
said
corporation
held
at
its
principal
office
in
123
Rockwell
Drive,
Makati
City
Philippines
on
01
April
2009
duly
called
for
the
purpose,
a
quorum
being
present
and
acted
throughout,
the
following
resolutions
were
unanimously
adopted,
and
are
now
in
full
force
and
effect,
to
wit:
"RESOLVED,
that
Mr.
Jonathan
Francis
Nepomuceno,
President
of
SANTO
Realty
Inc.
be
authorized
to
act
for
and
in
behalf
of
the
corporation
to
initiate
and
maintain
until
finality
any
suit
or
legal
proceedings
in
connection
with
the
collection
of
a
sum
of
money
owed
by
Mr.
John
Doe
to
this
corporation.
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
0
"RESOLVED
FURTHER,
for
this
purpose,
Mr.
Jonathan
Francis
Nepomuceno
is
hereby
authorized
to
sign,
execute,
deliver
and
receive
any
documents,
and
to
perform
such
actions
as
may
be
necessary
in
furtherance
of
the
power
thus
granted."
IN
WITNESS
WHEREOF,
I
have
hereunto
affixed
my
signature
this
2nd
day
of
April
2009
at
Makati
City,
Philippines.
MA.
ANGELA
AGUINALDO
CORPORATE
SECRETARY
SANTO
REALTY,
INC.
ATTESTED TO BY:
JONATHAN
FRANCIS
NEPOMUCENO
PRESIDENT
SANTO
REALTY,
INC.
(JURAT)
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
1
TREASURER’S AFFIDAVIT
Sec.
13.
Amount
of
capital
stock
to
be
subscribed
and
paid
for
the
purposes
of
incorporation.
‐
At
least
twenty‐five
percent
(25%)
of
the
authorized
capital
stock
as
stated
in
the
articles
of
incorporation
must
be
subscribed
at
the
time
of
incorporation,
and
at
least
twenty‐five
(25%)
per
cent
of
the
total
subscription
must
be
paid
upon
subscription,
the
balance
to
be
payable
on
a
date
or
dates
fixed
in
the
contract
of
subscription
without
need
of
call,
or
in
the
absence
of
a
fixed
date
or
dates,
upon
call
for
payment
by
the
board
of
directors:
Provided,
however,
That
in
no
case
shall
the
paid‐up
capital
be
less
than
five
Thousand
(P5,000.00)
pesos.
Sec.
14.
Contents
of
the
articles
of
incorporation.
‐
All
corporations
organized
under
this
code
shall
file
with
the
Securities
and
Exchange
Commission
articles
of
incorporation
in
any
of
the
official
languages
duly
signed
and
acknowledged
by
all
of
the
incorporators,
containing
substantially
the
following
matters,
except
as
otherwise
prescribed
by
this
Code
or
by
special
law:
This
is
also
to
authorize
the
Securities
and
Exchange
Commission
and
Bangko
Sentral
ng
Pilipinas
to
examine
and
verify
the
deposit
in
the
_______________________
in
my
name
as
Treasurer‐in‐Trust
for
___(NAME
OF
CORPORATION)___
in
the
amount
of
Two
Hundred
Fifty
Thousand
Pesos
(P250,000)
representing
the
paid‐up
capital
of
the
said
corporation
which
is
in
the
process
of
incorporation.
This
authority
is
valid
and
inspection
of
said
deposit
may
be
made
even
after
the
issuance
of
the
Certificate
of
Incorporation
to
the
corporation.
Should
the
deposit
be
transferred
to
another
bank
prior
to
or
after
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
2
incorporation,
this
will
also
serve
as
authority
to
examine
the
same.
The
representative
of
the
Securities
and
Exchange
Commission
is
also
authorized
to
examine
the
pertinent
books
and
records
of
accounts
of
the
corporation
as
well
as
supporting
papers
to
determine
the
utilization
and
disbursement
of
the
said
paid‐up
capital.
In
case
the
said
paid‐up
capital
is
not
deposited
or
withdrawn
prior
to
the
approval
of
the
articles
of
incorporation,
I,
in
behalf
of
the
above‐named
corporation,
waive
our
right
to
a
notice
and
hearing
in
the
revocation
of
our
Certificate
of
Incorporation.
_______________________
(Signature
of
Treasurer)
SUBSCRIBED
AND
SWORN
to
before
me,
a
Notary
Public,
for
and
in
the
City/Municipality
of
______________
Province
of
__________________,
this
___
day
of
_______,
20__;
by
_________________
with
Driver’s
License.
No.
____________
issued
at
________________
on
_______________,
20____.
Notary
Public
Doc
No.
Page
No.
Book
No.
Series
of
20___.
SAMPLE:
Treasurer’s
Affidavit
Republic
of
the
Philippines
)
City
of
Makati,
Metro
Manila
)
S.S.
x
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
x
TREASURER'S
AFFIDAVIT
I,
Ronald
McDonald,
Filipino,
of
legal
age,
single,
and
a
resident
of
Unit
2001
Manansala
Condominiums,
Rockwell
Drive,
Makati
City,
Philippines,
after
being
sworn
to
in
accordance
with
law,
depose
and
state:
That
I
have
been
elected
by
the
subscribers
of
the
Santo
Realty
Inc.
as
Treasurer‐in‐Trust
thereof,
to
act
as
such
until
my
successor
has
been
duly
elected
and
qualified
in
accordance
with
the
by‐laws
of
the
corporation,
and
that
as
such
Treasurer,
I
hereby
certify
under
oath
that
at
least
twenty‐five
(25%)
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
3
percent
of
the
authorized
capital
stock
has
been
subscribed
and
at
least
twenty‐five
(25%)
percent
of
the
subscription
has
been
paid
and
received
by
me
in
cash
for
the
benefit
and
credit
of
the
corporation.
This
is
also
to
authorize
the
Securities
and
Exchange
Commission
(SEC)
and
Bangko
Sentral
ng
Pilipinas
(BSP)
to
examine
and
verify
the
deposit
in
the
Bank
of
the
Philippine
Islands,
Rockwell
Branch,
in
my
name
as
Treasurer‐in‐Trust
for
SANTO
REALTY,
INC.
in
the
amount
of
One
Hundred
Million
Pesos
(P100,000,000.00)
representing
the
paid‐up
capital
of
the
said
corporation
which
is
in
the
process
of
incorporation.
This
authority
is
valid
and
inspection
of
said
deposit
may
be
made
even
after
the
issuance
of
the
Certificate
of
Incorporation
to
the
corporation.
Should
the
deposit
be
transferred
to
another
bank
prior
to
or
after
incorporation,
this
will
also
serve
as
authority
to
examine
the
pertinent
books
and
records
of
accounts
of
the
corporation
as
well
as
supporting
papers
to
determine
the
utilization
and
disbursement
of
the
said
paid‐up
capital.
RONALD
MCDONALD
Treasurer‐in‐Trust
JURAT
Subscribed
and
sworn
to
before
me,
in
the
City
of
Makati,
this
19th
day
of
February,
2009
by
with
Driver’s
License
Number
C10‐09‐000067
issued
by
the
Land
Transportation
Office,
East
Ave.,
Quezon
City
on
November
1,
2009,
and
expiring
on
November
1,
2011.
FRANCIS
TOM
F.
TEMPROSA
Notary
Public
Roll
No.
1234
PTR
No.
2345
CTC
No.
3456
MCLE
No.
4567
My
commission
expires
December
31,
2010
Doc.
No.
3
Page
No.
1
Book
No.
1
Series
of
2009.
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
4
SEC
DOCUMENTARY
REQUIREMENTS
FOR
REGISTRATION
OF
STOCK
CORPORATIONS
DOCUMENTARY
REQUIREMENTS
FOR
REGISTRATION
OF
CORPORATIONS
(as
of
July
1,
2006)
•
All
applications
and
supporting
documents
must
be
in
six
(6)
copies
and
havecover
sheets.
•
Documents
signed
abroad
must
be
authenticated
by
the
Philippine
Embassy
orConsulate
in
the
country
where
signed.
•
All
audited
Financial
Statements
and
special
audit
reports
must
be
certified
byan
independent
Certified
Public
Accountant
(CPA),
with
Statement
ofRepresentation
filed
with
the
SEC.
Said
Statement
must
indicate
the
CPA
Cert.No.,
PRC/BOA
No.
and
the
PTR
No.
of
the
CPA.
•
All
applications
must
indicate
the
Tax
Identification
Number
(TIN)
of
thesignatories.
I. REGISTRATION
OF
CORPORATIONS
A. STOCK
CORPORATION
Basic
Requirements
1.
Name
Verification
Slip
(secure
online
or
from
SEC
Name
Verification
Unit
)
2.
Articles
of
Incorporation
and
By‐laws
3.
Treasurer’s
Affidavit
4.
Affidavit
of
incorporator
or
director
undertaking
to
change
corporate
name
(not
required
if
Articles
of
Incorporation
has
provision
on
this
commitment)
5.
Registration
Data
Sheet
Additional
Requirements
6.
Indorsement/clearance
from
other
government
agencies,
if
applicable.
7.
For
corporations
with
foreign
equity:
Proof
of
remittance
by
non‐resident
aliens
and
foreign
corporate
subscribers
who
want
to
register
their
investment
with
the
Bangko
Sentral
ng
Pilipinas
(
BSP
)
8.
For
corporations
with
more
than
40%
foreign
equity:
SEC
Form
No.
F‐
100
9.
For
corporations
with
Philippine
Economic
Zone
Authority
(PEZA),
Subic
Bay
Metropolitan
Authority
(SBMA)
or
other
economic
zones
application:
Certificate
of
Authority
or
indorsement
from
said
government
agencies
10.
For
call
centers:
a.
Business
Plan/Modus
Operandi
b.
List
of
prospective
clients
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
5
11.
Additional
requirements
based
on
kind
of
payment
of
subscription
indicated
hereunder
a.
Cash
1.
Bank
Certificate
of
deposit
of
paid
up
capital
notarized
in
place
where
signed
2.
For
corporations
with
foreign
subscribers
who
want
to
register
their
investment
s
with
the
BSP:
Proof
of
inward
remittance
or
bank
certificate
b.
Land
and/
Building/Condominium
Unit
1.
Detailed
schedule
of
the
property
showing
its
registered
owner,
location,
area,
TCT
No.,
tax
declaration
number
and
the
basis
of
the
transfer
value
(market
value/assessed
value/
zonal
value
or
appraised
value
)
2.
Copy
of
TCT/CCT
and
tax
declaration
sheet,
certified
by
the
Register
of
Deeds
and
the
Assessor’s
Office,
respectively
3.
If
transfer
value
is
based
on
zonal
value:
Latest
zonal
valuation
certified
by
the
Bureau
of
Internal
Revenue
(BIR)
4.
If
transfer
value
is
based
on
appraised
value:
Appraisal
report
by
a
licensed
real
estate
appraiser
(not
more
than
six
[6]
months
old)
5.
Deed
of
assignment
with
primary
entry
by
the
Register
of
Deeds
6.
If
property
is
mortgaged:
Mortgagee/creditor’s
certification
on
the
outstanding
loan
balance
and
his
consent
to
the
transfer
of
property
7.
For
assignment
of
a
building
where
the
assignor
is
not
the
owner
of
the
land:
Lease
contract
on
the
land
and
consent
of
the
land
owner
to
the
transfer
8.
Affidavit
of
the
transferor
that
the
building/condominium
unit
is
existing
and
in
good
condition
9.
Affidavit
of
undertaking
by
any
incorporator
or
director
to
submit
the
proof
of
transfer
of
the
property
within
the
prescribed
period
c.
Inventories
/Furniture/Personal
Properties
1.
Detailed
schedule
of
the
property
showing
its
description
and
the
basis
of
transfer
value
(market
value
or
book
value)
2.
Special
audit
report
by
an
independent
CPA
on
the
verification
and
valuation
of
the
property
3.
Deed
of
assignment
of
the
property
to
the
corporation
4.
Affidavit
of
the
transferor
that
the
inventories/
furniture/personal
properties
are
existing
and
in
good
condition
d.
Heavy
Equipment
and
Machinery
1.
Detailed
schedule
of
the
property
showing
its
description
and
the
basis
of
transfer
value
(book
value
or
appraised
value)
2.
Appraisal
report
by
a
licensed
mechanical
engineer
(not
more
than
six
[6]
months
old).
If
the
property
is
imported,
submit
valuation
report
by
the
BSP
instead
3.
Deed
of
assignment
of
the
property
to
the
corporation
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
6
4.
Affidavit
of
the
transferor
that
the
heavy
equipment/machinery
is
existing
and
in
good
condition
e.
Shares
of
Stock
1.
Detailed
schedule
of
the
shares
of
stock
indicating
the
stockholder,
stock
certificate
number,
number
of
shares
and
the
basis
of
transfer
value
(market
value
or
book
value)
2.
Audited
financial
statements
of
the
investee
company
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
3.
Deed
of
assignment
of
the
shares
of
stock
to
the
corporation
4.
Certification
by
the
corporate
secretary
of
the
investee
company
that
the
shares
are
outstanding
in
the
name
of
the
assignor
5.
Photocopy
of
the
stock
certificates
(present
original
for
verification)
6.
If
shares
of
stock
are
listed
in
the
stock
exchange:
Latest
market
quotation
in
thenewspaper
or
certification
from
the
stock
exchange/broker
on
the
latest
market
price
of
the
shares
of
stock
7.
Affidavit
of
undertaking
by
any
incorporator
or
director
to
submit
the
proof
of
transfer
within
the
prescribed
period
f.
Motor
Vehicles
1.
Detailed
inventory
of
the
motor
vehicles
showing
the
registered
owner,
make/model,
plate
number,
chassis
number,
motor
number,
certificate
of
registration
number,
and
market
value
2.
Photocopy
of
the
Certificate
of
Registration
and
official
receipt
of
annual
registration
fee
(present
original
for
verification)
3.
Appraisal
report
by
a
licensed
mechanical
engineer
(not
more
than
six
[6]
months
old)
4.
Deed
of
assignment
of
the
motor
vehicle
to
the
corporation
5.
Affidavit
of
the
trans
feror
that
the
motor
vehicle
is
existing
and
in
good
condition
6.
Affidavit
of
undertaking
by
any
incorporator
or
director
to
submit
the
proof
of
transfer
within
the
prescribed
period
g.
Sea
Vessel/Aircraft
1.
Detailed
inventory
of
the
vessel/aircraft
showing
the
registered
owner,
registry
number,
technical
description,
and
appraised
value
2.
Certified
true
copy
of
the
certificate
of
ownership
3.
Certificate
of
seaworthiness/airworthiness
issued
by
the
appropriate
government
agency
4.
Appraisal
report
by
a
licensed
mechanical
engineer
(not
more
than
six
[6]
months
old)
5.
Deed
of
assignment
of
the
vessel/aircraft
to
the
corporation
6.
Affidavit
of
the
transferor
that
the
sea
vessel/aircraft
is
existing
and
in
good
condition
7.
Affidavit
of
undertaking
by
any
incorporator/director
to
submit
the
proof
of
transfer
within
the
prescribed
period
h.
Intangibles
1.
Photocopy
of
the
Certificate
of
Registration
of
Intellectual
Property
rights,
mining
permit
(for
mining
claims/rights)
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
7
2.
Appraisal
report
by
an
accredited
appraisal
company
(not
more
than
six
[6]
months
old)
3.
Deed
of
assignment
of
intangibles
to
the
corporation
i.
Net
Assets
(by
way
of
conversion
of
single
proprietorship/partnership
into
corporation
or
by
way
of
spin‐off)
1.
Articles
of
Dissolution
of
Partnership
2.
Audited
financial
statements
of
the
single
proprietorship/partnership/division
of
a
corporation
(for
spin
off)
as
of
the
last
fiscal
year
3.
Long‐form
audit
report
of
item
2
4.
Deed
of
assignment
of
the
assets
and
liabilities
to
the
corporation
5.
Separate
deed
of
the
assignment
for
land
with
primary
entry
by
the
Register
of
Deeds
6.
List
of
creditors
,
with
the
amount
due
to
each
creditor
and
the
consent
of
each
creditor,
certified
by
the
company
accountant
7.
Detailed
schedule
of
the
properties
with
certificate
of
registration/titles
and
their
respective
book
values
8.
Photocopy
of
the
Certificate
of
Registration
of
the
motor
vehicle
(present
original
for
verification)
9.
Photocopy
of
the
TCT/CCT
and
tax
declaration
sheet,
certified
by
the
Register
of
Deeds
and
the
Assessor’s
Office,
respectively
10.
For
single
proprietorships:
Department
of
Trade
and
Industry
(DTI)
Certificate
of
Registration
Notes
:
1.
Items
5
to
10
shall
be
complied
with
only
if
applicable
2.
The
corporation
should
use
the
name
of
the
partnership
dropping
only
the
word
“company”
and
adding
either
the
word
“corporation”
or
“incorporated”,
or
its
abbreviation
3.
The
filing
of
the
Articles
of
Dissolution
and
Articles
of
Incorporation
or
Increase
of
Authorized
Capital
Stock
should
be
simultaneous
***
***
***
II.
LICENSING
OF
FOREIGN
CORPORATIONS
A.
BRANCH
OFFICE
and
REPRESENTATIVE
OFFICE
1.
Application
Form
a)
SEC
Form
No.
F‐103
‐
for
Branch
Office
b)
SEC
Form
No.
F‐104
‐
for
Representative
Office
c)
SEC
Form
No.
F‐108
‐
for
Non‐stock
corporations
2.
Name
Verification
Slip
3.
Authenticated
copy
of
the
Board
Resolution
authorizing
the
establishment
of
branch/
representative
office
in
the
Philippines;
designating
the
resident
agent
to
whom
summons
and
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
8
other
legal
processes
may
be
served
to
the
foreign
corporation;
and
stipulating
that
in
the
absence
of
such
agent
or
upon
cessation
of
its
operation
in
the
Philippines,
any
summons
or
legal
processes
may
be
served
to
SEC
as
if
the
same
is
made
upon
the
corporation
at
its
home
office
4.
Financial
Statements
as
of
a
date
not
exceeding
one
(1)
year
immediately
prior
tothe
application,
certified
by
an
independent
CPA
of
the
home
country
and
authenticated
before
the
Philippine
Consulate/Embassy
5.
Authenticated
copy
of
the
Articles
of
Incorporation
with
an
English
translation
if
in
foreign
language
other
than
English
6.
Proof
of
Inward
Remittance,
such
as
bank
certificate
7.
Registration
Data
Sheet
8.
Resident
Agent’s
acceptance
of
appointment
(not
required
if
the
resident
agent
is
the
signatory
in
the
application
form)
9.
For
Representative
Office
and
Branch
Office
of
non‐stock
corporations:
Affidavit
signed
by
the
resident
agent
stating
that
the
applicant
is
solvent
and
in
sound
financial
condition
B.
REGIONAL
OR
AREA
HEADQUARTERS
andREGIONAL
OPERATING
HEADQUARTERS
1.
Application
Form
2.
Name
Verification
Slip
3.
A
certification
from
the
Philippine
Consulate/Embassy
or
the
Philippine
Commercial
Office
or
from
the
equivalent
office
of
the
Philippine
DTI
in
the
applicant’s
home
country
that
said
foreign
firm
is
an
entity
engaged
in
international
trade
with
affiliates,
subsidiaries
or
branch
offices
in
the
Asia
Pacific
and
other
foreign
markets;
in
case
the
certification
is
issued
by
the
equivalent
office
of
the
Philippine
DTI,
the
same
shall
be
authenticated
by
the
Philippine
Consulate/Embassy
4.
A
certification
from
the
principal
officer
of
the
foreign
entity
that
the
said
foreign
entity
has
been
authorized
by
its
board
of
directors
or
governing
body
to
establish
its
regional
or
area
headquarters
or
regional
operating
headquarters
in
the
Philippines
6.
Indorsement
of
the
Board
of
Investmnets
(BOI)
Notes:
Within
30
days
from
receipt
of
license:
1.
For
Regional
or
Area
Headquarters:
proof
of
remittance
of
at
least
US$50,000
2.
For
Regional
Operating
Headquarters:
proof
of
remittance
of
at
least
US$200,000
2
[LEGAL
FORMS
MANUAL]
0
ATENEO
LAW
3D
’08‐‘09
9
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
0
4.
Amended
Articles
of
Incorporation
5.
Directors’
Certificate
–
a
notarized
document
signed
by
a
majority
of
the
directors
and
the
corporate
secretary
,
certifying
the
amendment
of
the
Articles
of
Incorporation
increasing
the
authorized
capital
stock,
the
votes
of
the
directors
and
the
stockholders,
and
the
date
and
place
of
the
stockholders
’
meeting
6.
Company
Data
Maintenance
Form
7.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
Additional
requirements
depending
on
the
kind
of
payment
on
subscription
a.
Cash
1.
A
report
rendered
by
an
independent
CPA
on
the
verification
of
the
cash
payment
on
subscription
to
the
increase
2.
Copy
of
the
official
receipt,
deposit
slip,
bank
statement/passbook
3.
Trial
balance
as
of
the
end
of
the
month
immediately
preceding
the
submission
of
the
requirements,
which
includes
the
additional
capital
infusion,
certified
by
the
company
accountant
4.
Written
waiver
of
pre‐emptive
rights
by
non‐subscribing
stockholders
Note:
Disregard
item
1
if
payment
on
subscription
is
already
reflected
in
the
audited
financial
statements
(item
7
of
the
basic
requirements),
and
said
additional
capital
infusion
is
reflected
in
the
Cash
Flow
Statement
b.
Conversion
of
advances/liabilities
to
equity
1.
A
report
rendered
by
an
independent
CPA
on
the
verification
of
the
advances
to
be
converted
to
equity
2.
Detailed
schedule
of
the
liabilities
to
be
offset
,
as
of
the
date
of
trial
balance,
certified
by
the
company
accountant
3.
Trial
balance
as
of
the
end
of
the
month
immediately
preceding
the
submission
of
the
requirements,
which
includes
the
subject
advances/liabilities,
certified
by
the
company
accountant
4.
Deed
of
Assignment
signed
by
the
creditor/subscriber
assigning
the
advances
as
payment
on
his
subscription
Note:
If
subject
advances
are
reflected
in
the
audited
financial
statements
(item
7
of
the
basic
requirements),
submit
a
certification
from
the
auditor
identifying
the
creditors
and
the
amount
owed
to
each,
in
lieu
of
item
1
c.
Stock
dividends
1.
Long
form
audit
report
on
the
audited
financial
statements
(item
7
of
the
basic
requirements),
which
includes
an
analysis
of
the
retained
earnings
account
for
the
last
five
(5)
years
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
1
2.
List
of
stockholders
entitled
to
the
stock
dividend
with
their
respective
outstanding
shares
and
the
allocation
of
the
stock
dividend,
certified
by
the
corporate
secretary
3.
Certification
by
the
corporate
secretary
as
to
the
treatment
of
the
resulting
fractional
shares,
if
any
d.
For
other
forms
of
property
as
payment,
submit
the
additional
requirements
enumerated
for
registration
of
stock
corporations
IV.
DECREASE
OF
AUTHORIZED
CAPITAL
STOCK
1.
Certificate
of
Decrease
of
Authorized
Capital
Stock
2.
Audited
financial
statements
as
of
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
3.
If
involving
return
of
capital:
Long
form
audit
report
and
list
of
creditors
with
the
consent
of
each
creditor,
certified
by
company
accountant
4.
List
of
stockholders
before
and
after
the
decrease,
certified
by
the
corporate
secretary
5.
Amended
Articles
of
Incorporation
6.
Directors’
Certificate
–
a
notarized
document
signed
by
a
majority
of
the
directors
and
the
corporate
secretary
,
certifying
the
amendment
of
the
Articles
of
Incorporation
to
decrease
the
authorized
capital
stock,
the
votes
of
the
directors
and
the
stockholders,
and
the
date
and
place
of
the
stockholders
’
meeting
7.
Publisher’s
affidavit
of
the
publication
of
the
decrease
of
capital
(once
in
a
newspaper
of
general
circulation)
8.
Company
Data
Maintenance
Form
V.
RECLASSIFICATION/DECLASSIFICATION/CONVERSION
OF
SHARES
1.
Directors’
Certificate
–
a
notarized
document
signed
by
a
majority
of
the
directors
and
the
corporate
secretary,
certifying
the
amendment
of
the
articles
of
incorporation
classifying
the
shares
of
stock,
the
votes
of
the
directors
and
the
stockholders,
and
the
date
and
place
of
the
stockholders’
meeting
2.
Amended
Articles
of
Incorporation
3.
List
of
stockholders
showing
the
names,
nationalities
and
stockholdings
before
and
after
the
reclassification/declassification/conversion,
certified
by
the
corporate
secretary
4.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
andthe
BIR
VI.
MERGER/CONSOLIDATION
1.
Articles
of
Merger/Consolidation
2.
Plan
of
Merger
3.
List
of
stockholders
of
the
constituent
corporations
before
the
merger/consolidation,
and
list
of
stockholders
of
record
of
the
surviving
corporation
after
the
merger/consolidation,
certified
by
the
corporate
secretary
4.
Certification,
under
oath,
by
the
corporate
secretary
,
on
the
meetings
of
the
directors
and
stockholders
of
the
constituent
corporations
approving
the
merger/consolidation
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
2
5.
Audited
financial
statements
of
the
constituent
corporations
as
of
a
date
not
earlier
than
120
days
prior
to
the
date
of
filing
of
the
application
in
accordance
with
PFRS
3
(
Accounting
Standard
on
Business
Combination)
6.
For
absorbed
corporations:
Long‐form
audit
report
of
item
5
7.
List
of
creditors,
if
any
8.
Where
both
or
all
the
constituent
corporations
are
solvent:
Certification,
under
oath,
by
the
president,
chief
finance
officer
or
treasurer,
that
creditors
have
been
properly
notified
of
the
proposed
merger/consolidation
9.
Where
at
least
one
of
the
constituent
corporations
is
insolvent:
Affidavit
of
publication
in
a
newspaper
of
general
circulation
of
the
proposed
merger/consolidation
10.
Company
Data
Maintenance
Form.
1. If
the
surviving
corporation
will
not
issue
shares
of
stock
or
create
additional
paid‐in
Capital:
Disregard
item
6.
2. If
the
merger
will
be
effected
via
increase
of
capital
stock;
Submit
also
the
requirements
for
Increase
of
Authorized
Capital
stock
3. For
the
consolidation
of
Authorized
Capital
Stock
4. For
consolidation:
Submit
also
the
requirements
for
the
registration
of
the
stock
corporation.
VII.
INCREASE
OF
FOREIGN
EQUITY
(for
corporations
registered
under
theForeign
Investments
Act
)
Mode
of
payment:
a.
Assignment
of
Filipino
stockholdings
to
non‐Philippine
nationals
1.
SEC
Form
No.
F‐101
or
F‐102
2.
Original
copy
of
the
Deed
of
Assignment
b.
Issuance
of
new
stocks
from
the
unsubscribed
capital
stock
1.
SEC
Form
No.
F‐101
or
F‐102
2.
Form
F‐10‐1
c.
Increase
or
Decrease
of
authorized
capital
stock
1.
SEC
Form
No.
F‐101
or
F‐102
2.
Requirements
for
Increase/Decrease
of
Capital
Stock
d.
Merger
or
Consolidation
1.
SEC
Form
No.
F‐101
or
F‐102
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
3
2.
Requirements
for
merger
or
consolidation
VIII.
DISSOLUTION
(by
shortening
corporate
term
)
1.
Directors’
Certificate
–
a
notarized
document
signed
by
a
majority
of
the
directors
/trustees
and
the
corporate
secretary
,
certifying
the
amendment
of
the
Articles
of
Incorporation
shortening
the
corporate
term,
the
votes
of
the
directors/trustees
and
stockholders
/members,
and
the
date
and
place
of
the
stockholders’/members’
meeting
2.
Amended
Articles
of
Incorporation
3.
Audited
financial
statements
as
of
date
of
the
stockholders
’
meeting
approving
the
dissolution
or
any
date
thereafter
but
not
earlier
than
60
days
prior
to
the
date
of
filing
of
the
application
4.
List
of
creditors,
if
any,
and
the
consent
of
the
creditors,
or
certification
as
to
non‐
existence
of
creditors
5.
BIR
tax
clearance
6.
Publisher’s
affidavit
of
the
publication
of
the
notice
of
dissolution
of
the
corporation
(once
a
week
for
three
[3]
consecutive
weeks)
7.
Indorsement
/clearance
from
other
government
agencies,
if
applicable
Note:
In
cases
where
there
are
creditors
and
the
consent
of
the
creditors
was
not
secured,
the
application
should
be
in
the
form
of
a
petition
to
be
filed
with
Office
of
General
Counsel
of
the
SEC.
IX.
QUASI‐REORGANIZATION
1.
Letter
requesting
approval
to
undergo
quasi‐reorganization
2.
Certification,
under
oath,
by
the
corporate
secretary
,
on
the
board
resolution
approving
the
quasi‐reorganization
3.
Appraisal
report
of
the
fixed
assets
(real
properties,
permanently
installed
fixed
assets
and
machineries
and
equipment
directly
needed
and
actually
used
in
the
business)
4.
Schedules
showing
the
details
of
the
appraised
properties
5.
Latest
audited
financial
statements
of
the
corporation,
stamped
received
by
the
SEC
and
the
BIR
6.
Analysis
of
the
revaluation
increment
7.
Projected
financial
statements
for
the
next
five
(5)
years
X.
EQUITY
RESTRUCTURING
1.
Letter
requesting
approval
to
undergo
equity
restructuring
2.
Certification,
under
oath,
by
the
corporate
secretary,
on
the
board
resolution
approving
the
equity
restructuring
plan
3.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
XI.
CREATION
OF
ADDITIONAL
PAID‐IN
CAPITAL
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
4
1.
Letter
requesting
approval
for
the
creation
of
the
additional
paid
in
capital
2.
Certification,
under
oath,
by
the
corporate
secretary,
on
the
board
resolution
approving
the
creation
of
the
additional
paid‐in
capital
3.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
Note:
For
additional
requirements:
Refer
to
the
additional
requirements
for
Increase
of
the
Authorized
Capital
Stock
depending
on
the
kind
of
payment
on
subscription
XII.
CASH
DIVIDEND
DECLARATION
1.
Certification,
under
oath,
by
the
corporate
secretary
,
on
the
board
resolution
declaring
the
cash
dividends
2.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
3.
Audited
financial
statements
used
as
the
basis
for
such
declaration
stamped
received
by
the
SEC
and
the
BIR
(to
be
submitted
also
if
the
basis
is
other
than
item
2)
XIII.
STOCK
DIVIDEND
DECLARATION
1.
Certification,
under
oath,
by
the
corporate
secretary
,
on
the
declaration
of
stock
dividends
by
majority
of
the
directors
and
the
stockholders
representing
at
least
2/3
of
the
outstanding
capital
stock
2.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
andthe
BIR
3.
Audited
financial
statements
used
as
the
basis
for
such
declaration,
stamped
received
bythe
SEC
and
the
BIR
(to
be
submitted
also
if
the
basis
is
other
than
item
2)
4.
List
of
stockholders
as
of
the
date
of
meeting
approving
the
declaration,
with
the
respective
subscribed
capital
stock
of
each
stockholder
and
with
the
allocation
of
the
stock
dividend,
certified
by
the
corporate
secretary
5.
Analysis
of
Capital
Structure,
signed
by
the
treasurer,
under
oath
6.
Company
Data
Maintenance
Form
XIV.
PROPERTY
DIVIDEND
DECLARATION
1.
Certification,
under
oath,
by
the
corporate
secretary,
on
the
board
resolution
declaring
the
property
dividends
2.
List
of
stockholders
and
the
allocation
of
the
property
dividend,
certified
by
the
corporate
secretary
3.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
4.
Detailed
schedule
of
the
property
account
appearing
in
the
audited
financial
statements
5.
Certification
by
the
president
that
the
property
is
no
longer
needed
in
the
operation
of
the
company
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
5
XV.
CERTIFICATION
OF
PAID‐UP
CAPITAL/CAPITAL
STRUCTURE
1.
Request
for
certification
2.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
andthe
BIR
3.
List
of
stockholders,
showing
the
names
and
the
subscribed
and
paid‐up
capital
of
each
stockholder,
certified
by
the
corporate
secretary
Note:
For
additional
requirements
in
case
the
payment
to
subscription
came
in
after
the
balance
sheet
date:
Refer
to
the
additional
requirements
for
Increase
of
Authorized
Capital
Stock
depending
on
the
kind
of
payment
on
subscription
XVI.
CERTIFICATION
OF
PERCENTAGE
OF
OWNERSHIP
1.
Request
for
certification
2.
List
of
stockholders
,
showing
the
names,
nationalities,
amount
subscribed
and
paid‐up
capital
of
each
stockholder,
certified
by
corporate
secretary
3.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
4.
Stock
and
transfer
book
of
the
corporation
(to
be
presented
for
verification)
XVII.
CREATION
OF
BONDED
INDEBTEDNESS
1.
Certificate
of
creation
of
bonded
indebtedness
2.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
3.
If
item
2
is
more
than
six
(6)
months
old:
Unaudited
financial
statements
for
the
current
year
period,
certified
by
the
company
accountant
4.
List
of
the
company’s
properties
,
with
the
book,
appraised
or
bondable
values
of
the
properties
which
will
be
used
to
secure
the
projected
bond
issues,
certified
by
the
company
accountant
or
comptroller
5.
Projected
financial
statements,
showing
the
utilization
of
the
proceeds
of
the
bonds
and
the
redemption
of
the
bond
issues,
signed
by
the
company
accountant
or
comptroller
6.
Trust
indenture,
signed
by
the
corporation
and
the
trustee
7.
Sample
form
of
the
mortgaged
bond
certificate
to
be
issued
XVIII.
CONFIRMATION
OF
VALUATION
1.
SEC
Form
10‐1/letter
request
confirming
the
valuation
2.
Certification,
under
oath,
by
the
corporate
secretary,
on
the
board
resolution
approving
the
additional
issuance
of
shares
of
stock
3.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
6
4.
List
of
stockholders,
with
the
nationalities,
amount
subscribed
and
paid
up,
and
the
subscribers
to
the
new
shares,
signed
by
the
corporate
secretary,
under
oath
Note:
For
additional
requirements:
Refer
to
the
additional
requirements
for
Increase
of
Authorized
Capital
Stock
depending
on
kind
of
payment
XIX.
VOTING
TRUST
AGREEMENTS
1.
Voting
Trust
Agreement
2.
Certification
on
the
number
of
shares
of
trustees,
signed
by
the
corporate
secretary
***
***
***
C.
FOR
FOREIGN
CORPORATIONS
I.
DEPOSIT
OR
SUBSTITUTION
OF
SECURITIES
DEPOSITED
BY
THE
BRANCHOFFICE
1.
Cover
letter
requesting
acceptance
of
the
securities
deposit
2.
Photocopy
of
the
confirmation
of
sale
or
original
copy
of
the
government
bonds
3.
Letter
request
for
earmarking
of
treasury
bills
for
SEC
deposit,
stamped
received
by
the
Bureau
of
Treasury
4.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
II.
WITHDRAWAL
OF
LICENSE
OF
FOREIGN
CORPORATIONS
1.
Petition
for
withdrawal
of
license
2.
Authenticated
copy
of
the
board
resolution
approving
the
withdrawal
3.
Audited
financial
statements
as
of
the
last
fiscal
year,
stamped
received
by
the
SEC
and
the
BIR
4.
List
of
creditors,
if
any,
and
consent
of
each
creditor,
or
certification
as
to
non‐existence
of
creditors
5.
Original
license
issued
by
the
SEC
6.
Publisher’s
affidavit
evidencing
the
publication
of
the
notice
of
withdrawal
(once
a
week
for
three
[3]
consecutive
weeks)
7.
BIR
tax
clearance
III.
WITHDRAWAL
OF
LICENSE
OF
AREA
OR
REGIONAL
HEADQUARTERSand
REGIONAL
OPERATING
HEADQUARTERS
1.
Petition
for
withdrawal
of
license
2.
Authenticated
copy
of
the
board
resolution
approving
the
withdrawal
3.
Original
license
issued
by
the
SEC
4.
Indorsement
by
the
BOI
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
7
IV.
AMENDMENT
OF
LICENSE
OF
FOREIGN
CORPORATIONS
Basic
Requirements
1.
Petition
for
amendment
of
license
2.
Board
resolution
approving
the
amendments
Additional
requirements
a.
Amendment
of
corporate/partnership
name
a.1.
Name
Verification
Slip
a.2.
Affidavit
of
a
director/partner
undertaking
to
change
company
name
b.
Change/appointment
of
resident
agent
b.1.
Board
resolution
or
letter
of
appointment
b.2.
Acceptance
by
the
resident
agent
MINIMUM
PAID‐UP
CAPITAL
REQUIREMENT
BASED
ON
INDUSTRY:
Break
Bulk
Agent
P
250,000.00
Cargo
Consolidator
P
400,000.00
Financing
Company
Metro
Manila
and
other
1st
class
cities
P
10,000,000.00
Other
classes
of
cities
P
5,000,000.00
Municipalities
P
2,500,000.00
Freight
Forwarders
Domestic
P
250,000.00
International
P
2,000,000.00
Health
Maintenance
Organization
P
10,000,000.00
Insurance
Insurance
Broker
P
20,000,000.00
Reinsurance
Broker
P
20,000,000.00
Insurance
Broker
and
Reinsurance
Broker
P
50,000,000.00
Life
Insurance
Company
P1,000,000,000.00
Non‐Life
Insurance
Company
P1,000,000,000.00
Reinsurance
Company
P2,000,000,000.00
Investment
Adviser/Manager
P
10,000,000.00
Investment
Company
P
50,000,000.00
Investment
House
P
300,000,000.00
Mining
P
2,500,000.00
Non‐Vessel
Operating
Common
Carrier
P
4,000,000.00
Pawnshop
P
100,000.00
Pre‐Need
Plan
Issuer
P100,000,000.00
Pre‐Need
Plan
Agent
P
5,000,000.00
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
8
Recruitment
for
Local
Employment
Corporation
P
500,000.00
Partnership
P
200,000.00
Recruitment
for
Overseas
Employment
P
2,000,000.00
Retail
Trade
with
Foreign
Equity
US$2,500,000.00
School
(for
stock
corporations)
Elementary
Education
P
1,000,000.00
Elementary
&
Secondary
Education
P
2,500,000.00
Elementary,
Secondary,
Tertiary,
Post/Graduate
Education
P
5,000,000.00
Security
Agency
P
500,000.00
Securities
Broker/Dealer
P
100,000,000.00
(New/SRO‐Member)
Securities
Broker/Dealer
P
10,000,000.00
(Existing/SRO‐Member)
Securities
Broker/Dealer
in
Proprietary
Shares
P
5,000,000.00
(Non‐SRO‐Member)
Special
Purpose
Vehicle
P
31,250,000.00
Special
Purpose
Corporation
P
5,000,000.00
Transfer
Agent
P
1,000,000.00
BASED
ON
FOREIGN
EQUITY:
Domestic
Corporations
with
more
than
40%
foreign
equity
‐
Domestic
Market
Enterprise
US$
200,000.00
‐
Export
Market
Enterprise
P
5,000.00
Foreign
Branch
Office
‐
Domestic
market
enterprise
US$
200,000.00
‐
Export
market
enterprise
P
5,000.00
Partnership
with
foreign
partner
‐
Domestic
market
enterprise
US$
200,000.00
‐
Export
market
enterprise
P
3,000.00
Foreign
Representative
Office
US$
30,000.00
Regional
Area
Headquarters
(RHQ)
US$
50,000.00
Regional
Operating
Headquarters
(ROHQ)
US$
200,000.00
2
[LEGAL
FORMS
MANUAL]
1
ATENEO
LAW
3D
’08‐‘09
9
BUSINESSES
REQUIRING
ENDORSEMENTS
FROM
OTHER
GOVERNMENT
AGENCIES
*
Air
Transport
Civil
Aeronautics
Board
Banks,
Pawnshops
or
other
Financial
Bangko
Sentral
ng
Pilipinas
Intermediaries
with
Quasi‐Banking
Functions
Charitable
Institutions
Department
of
Social
Welfare
and
Development
Educational
Institutions
(stock
and
non‐stock)
Elementary
to
High
School:
Department
of
Education
College,
Tertiary
Course:
Commission
of
Higher
Education
Technical
Vocational
Course:
Technical
Education
Skills
and
Development
Authority
Electric
Power
Plants
Department
of
Energy
Hospitals/
Health
Department
of
Health
Insurance
Insurance
Commission
Neighborhood
Housing
and
Land
Use
Regulatory
Board
Professional
Associations
Professional
Regulation
Commission
Radio,
TV,
Telephone
National
Telecommunications
Commission
Recruitment
for
Overseas
Employment
Philippine
Overseas
Employment
Administration
Security
Agency
Philippine
National
Police
Water
Transport/Shipbuilding/Ship
Repair
Maritime
Industry
Authority
• Indorsements,
if
applicable,
shall
form
part
of
the
registration
papers
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
0
SEC
EXPRESS
FORMS
FOR
INCORPORATION
ARTICLES
OF
INCORPORATION
OF
____________________________________________________________________
KNOW
ALL
MEN
BY
THESE
PRESENTS:
That
we,
all
of
legal
age,
citizens
and
residents
of
the
Republic
of
the
Philippines,
have
this
day
voluntarily
associated
ourselves
together
for
the
purpose
of
forming
a
corporation
under
the
laws
of
the
Philippines.
AND
WE
HEREBY
CERTIFY:
FIRST:
That
the
name
of
the
said
corporation
shall
be:
________________________________________________________________________
SECOND:
That
the
purposes
for
which
said
corporation
is
formed
are:
A.
_______________________________________________________________
B.
That
the
corporation
shall
have
all
the
express
powers
of
a
corporation
as
provided
for
under
section
36
of
the
Corporation
Code
of
the
Philippines.
THIRD:
That
the
place
where
the
principal
office
of
the
corporation
is
to
be
established
is
at:
_____________________________________________________________________________________
_____________________________________________________________________________________
FOURTH:
That
the
term
of
for
which
the
corporation
is
to
exist
is
FIFTY
(50)
years
from
and
after
the
date
of
issuance
of
the
certificate
of
incorporation.
FIFTH:
That
the
names,
nationalities,
and
residences
of
the
incorporators
are
as
follows;
Name
Nationality
Address
SIXTH:
That
the
number
of
directors
of
the
corporation
is
five
(5)
who
are
also
the
incorporators.
SEVENTH:
That
the
authorized
capital
stock
of
the
corporation
is
__________________________(
)pesos
in
lawful
money
of
the
Philippines,
divided
into
________________________shares
with
a
par
value
of
____________________pesos
per
share.
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
1
EIGHT:
That
the
subscribers
to
the
capital
stock
and
the
amount
paid‐in
to
their
subscription
are
as
follows.
Name
Nationality
No.
of
shares
Amount
Amount
Paid
Subscribed
Subscribed
Total
NINTH:
That
no
transfer
of
stock
or
interest
which
would
reduce
the
ownership
of
Filipino
citizens
to
less
than
the
required
percentage
of
the
capital
stock
as
provided
by
existing
laws
shall
be
allowed
or
permitted
to
be
recorded
in
the
proper
books
of
the
corporation
and
this
restriction
shall
be
indicated
in
all
the
stock
certificates
issued
by
the
corporation.
TENTH:
That
_______________________
has
been
elected
by
the
subscribers
as
treasurer
of
the
corporation
to
act
as
such
until
his
successor
is
duly
elected
and
qualified
in
accordance
with
the
by‐
laws;
and
that
as
such
Treasurer,
he/she
has
been
authorized
to
receive
for
and
in
the
name
and
for
the
benefit
of
the
corporation,
all
subscriptions
paid
in
by
the
subscribers.
ELEVENTH:
That
the
incorporators
undertake
to
change
the
name
of
the
corporation
immediately
upon
receipt
of
notice
or
directive
from
the
Securities
and
Exchange
Commission
that
another
corporation,
partnership
or
person
has
acquired
a
prior
right
to
the
use
of
that
name
or
that
the
name
has
been
declared
misleading,
deceptive,
confusingly
similar
to
a
registered
name,
or
contrary
to
public
morals,
good
customs
or
public
policy.
In
witness
whereof,
we
have
set
our
hands
this
__________
of
___________,
200__
at
___________________________.
___________________
___________________
TIN
No.
_____________
TIN
No.
_____________
___________________
___________________
TIN
No.
_____________
TIN
No.
_____________
___________________
___________________
TIN
No.
_____________
TIN
No.
_____________
___________________
TIN
No.
_____________
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
2
SIGNED
IN
THE
PRESENCE
OF:
____________________
____________________
ACKNOWLEDGEMENT
Republic
of
the
Philippines)
)
S.S.
BEFORE
ME,
a
Notary
Public
in
and
for
___________________,
Philippines,
this
__________
day
of
__________________
personally
appeared:
NAME
VALID
PROOF
OF
IDENTITY
DATE
&
PLACE
ISSUED
All
known
to
me
and
to
me
known
to
be
the
same
persons
who
executed
the
foregoing
Articles
of
Incorporation
and
they
acknowledged
to
me
that
the
same
is
their
free
and
voluntary
act
and
deed.
IN
TESTIMONY
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
my
notarial
seal
on
the
date
and
at
the
place
first
above
written.
NOTARY
PUBLIC
Until
December
31,
20__
Doc.
No.
________;
Page
No.
________;
Book
No.
_______;
Series
of
________;
TREASURER’S
AFFIDAVIT
Republic
of
the
Philippines}
City
of
}
S.S.
Province
of
}
I,
_______________________________,
being
duly
sworn,
depose
and
say:
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
3
That
I
have
been
elected
by
the
subscribers
of
the
corporation
as
Treasurer
thereof,
to
act
as
such
until
my
successor
has
been
duly
elected
and
qualified
in
accordance
with
the
by‐laws
of
the
corporation,
and
that
as
such
Treasurer,
I
hereby
certify
under
oath
that
at
least
25%
of
the
authorized
capital
stock
of
the
corporation
has
been
subscribed
and
at
least
25%
of
the
subscription
has
been
paid,
and
received
by
me
in
cash
for
the
benefit
and
credit
of
the
corporation.
This
is
also
to
authorize
the
Securities
and
Exchange
Commission
and
Bangko
Sentral
ng
Pilipinas
to
examine
and
verify
the
deposit
in
the
________________________,
__________________
in
my
name
as
treasurer
in
trust
for
________________________________________________________in
the
amount
of
__________________________________(________
___
___
__)representing
the
paid
up
capital
of
the
corporation
which
is
in
the
process
of
incorporation.
This
authority
is
valid
and
inspection
of
said
deposit
may
be
made
even
after
the
issuance
of
the
Certificate
of
Incorporation
to
the
corporation.
Should
the
deposit
be
transferred
to
another
bank
prior
to
or
after
incorporation,
this
will
serve
as
authority
to
verify
and
examine
the
same.
The
representative
of
the
Securities
and
Exchange
Commission
is
also
authorized
to
examine
the
pertinent
books
and
records
of
accounts
of
the
corporation
as
well
as
all
supporting
papers
to
determine
the
utilization
and
disbursement
of
the
said
paid
up
capital.
In
case
the
said
paid
up
capital
is
not
deposited
or
withdrawn
prior
to
the
approval
of
the
articles
of
incorporation,
I,
on
behalf
of
the
above
named
corporation,
waive
our
right
to
a
notice
and
hearing
in
the
revocation
of
our
Certificate
of
Incorporation.
__________________
Treasurer
SUBSCRIBED
AND
SWORN
to
before
me
this
____day
of
_____at
________,
Philippines,
affiant
exhibiting
to
me
his
Community
Tax
Certificate
No.__________
issued
at
_
___
___,
on
____________.
NOTARY
PUBLIC
Until
Dec.
31,
20__
Doc.
No.________;
Page
No.
________;
Book
No.
_______;
Series
of
________;
BY
‐
LAWS
OF
___________________________________________________________________
ARTICLE
I
SUBSCRIPTION,
ISSUANCE
AND
TRANSFER
OF
SHARES
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
4
Section
1.
Subscriptions
‐
Subscribers
to
the
capital
stock
of
the
corporation
shall
pay
the
value
of
the
stock
in
accordance
with
the
terms
and
conditions
prescribed
by
the
Board
of
Directors.
Unpaid
subscriptions
shall
not
earn
interest
unless
determined
by
the
Board
of
Directors.
Section
2.
Certificate
‐
The
stockholder
shall
be
entitled
to
one
or
more
certificates
for
fully
paid
stock
subscription
in
his
name
in
the
books
of
the
corporation.
The
certificates
shall
contain
the
matters
required
by
law
and
the
Articles
of
Incorporation.
They
shall
be
in
such
form
and
design
as
may
be
determined
by
the
Board
of
Directors
and
numbered
consecutively.
The
certificate
shall
be
signed
by
the
President,
countersigned
by
the
Secretary
or
Assistant
Secretary,
and
sealed
with
the
corporate
seal.
Section
3.
Transfer
of
Shares
‐
Subject
to
the
restrictions,
terms
and
conditions
contained
in
the
Articles
of
Incorporation,
shares
may
be
transferred,
sold,
assigned
or
pledged
by
delivery
of
the
certificates
duly
indorsed
by
the
stockholder,
his
attorney‐in‐fact,
or
other
legally
authorized
person.
The
transfer
shall
be
valid
and
binding
on
the
corporation
only
upon
record
thereof
in
the
books
of
the
corporation.
The
Secretary
shall
cancel
the
stock
certificates
and
issue
new
certificates
to
the
transferee.
No
share
of
stock
against
which
the
corporation
holds
unpaid
claim
shall
be
transferable
in
the
books
of
the
corporation.
All
certificates
surrendered
for
transfer
shall
be
stamped
“Cancelled”
on
the
face
thereof,
together
with
the
date
of
cancellation,
and
attached
to
the
corresponding
stub
with
the
certificate
book.
Section
4.
Lost
Certificates
‐
In
case
any
stock
certificate
is
lost,
stolen,
or
destroyed,
a
new
certificate
may
be
issued
in
lieu
thereof
in
accordance
with
the
procedure
prescribed
under
Section
73
of
the
Corporation
Code.
ARTICLE
II
MEETINGS
OF
STOCKHOLDERS
Section
1.
Annual
/
Regular
Meetings
‐
The
annual
/
regular
meetings
of
stockholders
shall
be
held
at
the
principal
office
on
____________of
each
year,
if
a
legal
holiday,
then
on
the
day
following.
Section
2.
Special
Meeting
‐
The
special
meetings
of
stockholders,
for
anypurpose
or
purposes,
may
at
any
time
be
called
by
any
of
the
following:
(a)
Board
ofDirectors,
at
its
own
instance,
or
at
the
written
request
of
stockholders
representing
a
majority
of
the
outstanding
capital
stock,
(b)
President.
Section
3.
Place
of
Meeting
‐
Stockholders
meetings,
whether
regular
or
special,
shall
be
held
in
the
principal
office
of
the
corporation
or
at
any
place
designated
by
the
Board
of
Directors
in
the
city
or
municipality
where
the
principal
office
of
the
corporation
is
located.
Section
4.
Notice
of
Meeting
‐
Notices
for
regular
or
special
meetings
of
stockholders
may
be
sent
by
the
Secretary
by
personal
delivery
or
by
mail
at
least
two
(2)
weeks
prior
to
the
date
of
the
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
5
meeting
to
each
stockholder
of
record
at
his
last
known
address.
The
notice
shall
state
the
place,
date
and
hour
of
the
meeting,
and
the
purpose
or
purposes
for
which
the
meeting
is
called.
When
the
meeting
of
stockholders
is
adjourned
to
another
time
or
place,
it
shall
not
be
necessary
to
give
any
notice
of
the
adjourned
meeting
if
the
time
and
place
to
which
the
meeting
is
adjourned
are
announced
at
the
meeting
at
which
the
adjournment
is
taken.
At
the
reconvened
meeting,
any
business
may
be
transacted
that
might
have
been
transacted
on
the
original
date
of
the
meeting.
Section
5.
Quorum
‐
Unless
otherwise
provided
by
law,
in
all
regular
or
special
meeting
of
stockholders,
a
majority
of
the
outstanding
capital
stock
must
be
present
or
represented
in
order
to
constitute
a
quorum.
If
no
quorum
is
constituted,
the
meeting
shall
be
adjourned
until
the
requisite
amount
of
stock
shall
be
present.
Section
6.
Conduct
of
Meeting
‐
Meeting
of
the
stockholders
shall
be
presided
over
by
the
President,
or
in
his
absence,
by
a
chairman
to
be
chosen
by
the
stockholders.
The
Secretary,
shall
act
as
Secretary
of
every
meetings,
but
if
not
present,
the
chairman
of
the
meeting
shall
appoint
a
secretary
of
the
meeting.
Section
7.
Manner
of
Voting
‐
At
all
meetings
of
stockholders,
a
stockholder
may
vote
in
person
or
by
proxy.
Unless
otherwise
provided
in
the
proxy,
it
shall
be
valid
only
for
the
meeting
at
which
it
has
been
presented
to
the
Secretary.
All
proxies
must
be
in
the
hands
of
the
Secretary
before
the
time
set
for
the
meeting.
Proxies
filed
with
the
Secretary
may
be
revoked
by
the
stockholders
either
in
an
instrument
in
writing
duly
presented
and
recorded
with
the
Secretary,
prior
to
a
scheduled
meeting
or
by
their
personal
presence
at
the
meeting.
Section
8.
Closing
of
Transfer
Books
or
Fixing
of
Record
Date
‐
For
the
purpose
of
determining
the
stockholders
entitled
to
notice
of,
or
to
vote
at,
any
meeting
of
stockholders
or
any
adjournment
thereof
or
to
receive
payment
of
any
dividend,
the
Board
of
Directors
may
provide
that
the
stock
and
transfer
books
be
closed
for
ten
(10)
working
days
immediately
preceding
such
meeting.
ARTICLE
III
BOARD
OF
DIRECTORS
Section
1.
Powers
of
the
Board
‐
Unless
otherwise
provided
by
law,
the
corporate
powers
of
the
corporation
shall
be
exercised,
all
business
conducted
and
all
property
of
the
corporation
controlled
and
held
by
the
Board
of
Directors
to
be
elected
by
and
from
among
the
stockholders.
Without
prejudice
to
such
powers
as
may
be
granted
by
law,
the
Board
of
Directors
shall
also
have
the
following
powers:
a.)
From
time
to
time,
to
make
and
change
rules
and
regulations
not
inconsistent
with
these
by‐laws
for
the
management
of
the
corporation’s
business
and
affairs;
b.)
To
purchase,
receive,
take
or
otherwise
acquire
for
and
in
the
name
of
the
corporation,
any
and
all
properties,
rights,
or
privileges,
including
securities
and
bonds
of
other
corporations,
for
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
6
such
consideration
and
upon
such
terms
and
conditions
as
the
Board
may
deem
proper
or
convenient;
c.)
To
invest
the
funds
of
the
corporation
in
other
corporations
or
for
purposes
other
than
those
for
which
the
corporation
was
organized,
subject
to
such
stockholders’
approval
as
may
be
required
by
law;
d.)
To
incur
such
indebtedness
as
the
Board
may
deem
necessary,
to
issue
evidence
of
indebtedness
including
without
limitation,
notes,
deeds
of
trust,
bonds,
debentures,
or
securities,
subject
to
such
stockholders
approval
as
may
be
required
by
law,
and/or
pledge,
mortgage,
or
otherwise
encumber
all
or
part
of
the
properties
of
the
corporation;
e.)
To
establish
pension,
retirement,
bonus,
or
other
types
of
incentives
or
compensation
plans
for
the
employees,
including
officers
and
directors
of
the
corporation;
f.)
To
prosecute,
maintain,
defend,
compromise
or
abandon
any
lawsuit
in
which
the
corporation
or
its
officer
are
either
plaintiffs
or
defendants
in
connection
with
the
business
of
the
corporation;
g.)
To
delegate,
from
time
to
time,
any
of
the
powers
of
the
Board
which
may
lawfully
be
delegated
in
the
course
of
the
current
business
of
the
corporation
to
any
standing
or
special
committee
or
to
any
officer
or
agent
and
to
appoint
any
person
to
be
agent
of
the
corporation
with
such
powers
and
upon
such
terms
as
may
be
deemed
fit;
h.)
To
implement
these
by‐laws
and
to
act
on
any
matter
not
covered
by
these
by‐laws,
provided
such
matter
does
not
require
the
approval
or
consent
of
the
stockholders
under
the
Corporation
Code.
Section
2.
Election
and
Term
‐
The
Board
of
Directors
shall
be
elected
during
each
regular
meeting
of
stockholders
and
shall
hold
office
for
one
(1)
year
and
until
their
successors
are
elected
and
qualified.
Section
3.
Vacancies
‐
Any
vacancy
occurring
in
the
Board
of
Directors
other
than
by
removal
by
the
stockholders
or
by
expiration
of
term,
may
be
filled
by
the
vote
of
at
least
a
majority
of
the
remaining
directors,
if
still
constituting
a
quorum;
otherwise,
the
vacancy
must
be
filled
by
the
stockholders
at
a
regular
or
at
any
special
meeting
of
stockholders
called
for
the
purpose.
A
director
so
elected
to
fill
a
vacancy
shall
be
elected
only
for
the
unexpired
term
of
his
predecessor
in
office.
The
vacancy
resulting
from
the
removal
of
a
director
by
the
stockholders
in
the
manner
provided
by
law
may
be
filled
by
election
at
the
same
meeting
of
stockholders
without
further
notice,
or
at
any
regular
or
at
any
special
meeting
of
stockholders
called
for
the
purpose,
after
giving
notice
as
prescribed
in
these
by‐laws.
Section
4.
Meetings
‐
Regular
meetings
of
the
Board
of
Directors
shall
be
held
once
a
month
on
such
dates
and
at
places
as
may
be
called
by
the
Chairman
of
the
Board,
or
upon
the
request
of
a
majority
of
the
Directors.
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
7
Section
5.
Notice
‐
Notice
of
the
regular
or
special
meeting
of
the
Board,
specifying
the
date,
time
and
place
of
the
meeting,
shall
be
communicated
by
the
Secretary
to
each
director
personally,
or
by
telephone,
telegram,
or
by
written
message.
A
director
may
waive
this
requirement,
either
expressly
or
impliedly.
Section
6.
Quorum
‐
A
majority
of
the
number
of
directors
as
fixed
in
the
Articles
of
Incorporation
shall
constitute
a
quorum
for
the
transaction
of
corporate
business
and
every
decision
of
at
least
a
majority
of
the
directors
present
at
a
meeting
at
which
there
is
a
quorum
shall
be
valid
as
a
corporate
act,
except
for
the
election
of
officers
which
shall
require
the
vote
of
a
majority
of
all
the
members
of
the
Board.
Section
7.
Conduct
of
the
Meetings
‐
Meetings
of
the
Board
of
Directors
shall
be
presided
over
by
the
Chairman
of
the
Board,
or
in
his
absence,
by
any
other
director
chosen
by
the
Board.
The
Secretary,
shall
act
as
secretary
of
every
meeting,
if
not
present,
the
Chairman
of
the
meeting,
shall
appoint
a
secretary
of
the
meeting.
Section
8.
Compensation
‐
By‐
resolution
of
the
Board,
each
director
shall
receive
a
reasonable
per
diem
allowance
for
his
attendance
at
each
meeting
of
the
Board.
As
compensation,
the
Board
shall
receive
and
allocate
an
amount
of
not
more
than
ten
percent
(10%)
of
the
net
income
before
income
tax
of
the
corporation
during
the
preceding
year.
Such
compensation
shall
be
determined
and
apportioned
among
the
directors
in
such
manner
as
the
Board
may
deem
proper,
subject
to
the
approval
of
stockholders
representing
at
least
a
majority
of
the
outstanding
capital
stock
at
a
regular
or
special
meeting
of
the
stockholders.
ARTICLE
IV
OFFICER
Section
1.
Election
/
Appointment
‐
Immediately
after
their
election,
the
Board
of
Directors
shall
formally
organize
by
electing
the
President,
the
Vice‐President,
the
Treasurer,
and
the
Secretary
at
said
meeting.
The
Board
may,
from
time
to
time,
appoint
such
other
officers
as
it
may
determine
to
be
necessary
or
proper.
Any
two
(2)
or
more
positions
may
be
held
concurrently
by
the
same
person,
except
that
no
one
shall
act
as
President
and
Treasurer
or
Secretary
at
the
same
time.
Section
2.
President
‐
The
President
shall
be
the
Chief
Executive
Officer
of
the
corporation
and
shall
exercise
the
following
functions:
a.)
To
preside
at
the
meetings
of
the
stockholders;
b.)
To
initiate
and
develop
corporate
objectives
and
policies
and
formulate
long
range
projects,
plans
and
programs
for
the
approval
of
the
Board
of
Directors,
including
those
for
executive
training,
development
and
compensation;
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
8
c.)
To
supervise
and
manage
the
business
affairs
of
the
corporation
upon
the
direction
of
the
Board
of
Directors;
d.)
To
implement
the
administrative
and
operational
policies
of
the
corporation
under
his
supervision
and
control;
e.)
To
appoint,
remove,
suspend
or
discipline
employees
of
the
corporation,
prescribe
their
duties,
and
determine
their
salaries;
f.)
To
oversee
the
preparation
of
the
budgets
and
the
statements
of
accounts
of
the
corporation;
g.)
To
represent
the
corporation
at
all
functions
and
proceedings;
h.)
To
execute
on
behalf
of
the
corporation
all
contracts,
agreements
and
other
instruments
affecting
the
interests
of
the
corporation
which
require
the
approval
of
the
Board
of
Directors.
i.)
To
make
reports
to
the
Board
of
Directors
and
stockholders;
j.)
To
sign
certificates
of
stock;
k.)
To
perform
such
other
duties
as
are
incident
to
his
office
or
are
entrusted
to
him
by
the
Board
of
Directors.
Section
4.
The
Vice‐President
‐
He
shall,
if
qualified,
act
as
President
in
the
absence
of
the
latter.
He
shall
have
such
other
powers
and
duties
as
may
from
time
to
time
be
assigned
to
him
by
the
Board
of
Directors
or
by
the
President.
Section
5.
The
Secretary
‐
The
Secretary
must
be
a
resident
and
a
citizen
of
the
Philippines.
He
shall
have
the
following
specific
powers
and
duties:
a.) To
record
the
minutes
and
transactions
of
all
meetings
of
the
directors
and
the
stockholders
and
to
maintain
minute
books
of
such
meetings
in
the
form
and
manner
required
by
law;
b.)
To
keep
record
books
showing
the
details
required
by
law
with
respect
to
the
stock
certificates
of
the
corporation,
including
ledgers
and
transfer
books
showing
all
shares
of
the
corporation
subscribed,
issued
and
transferred;
c.)
To
keep
the
corporate
seal
and
affix
it
to
all
papers
and
documents
requiring
a
seal,
and
to
attest
by
his
signature
all
corporate
documents
requiring
the
same;
d.)
To
attend
to
the
giving
and
serving
of
all
notices
of
the
corporation
required
by
law
or
these
by‐laws
to
be
given;
2
[LEGAL
FORMS
MANUAL]
2
ATENEO
LAW
3D
’08‐‘09
9
e.)
To
certify
to
such
corporate
acts,
countersign
corporate
documents
or
certificates,
and
make
reports
or
statements
as
may
be
required
of
him
by
law
or
by
government
rules
and
regulations.
f.)
To
act
as
inspector
at
the
election
of
directors
and,
as
such,
to
determine
the
number
of
shares
of
stock
outstanding
and
entitled
to
vote,
the
shares
of
stock
represented
at
the
meeting,
the
existence
of
a
quorum,
the
validity
and
effect
of
proxies,
and
to
receive
votes,
ballots
or
consents,
hear
and
determine
questions
in
connection
with
the
right
to
vote,
count
and
tabulate
all
votes,
determine
the
result,
and
do
such
acts
as
are
proper
to
conduct
the
election.
g.)
To
perform
such
other
duties
as
are
incident
to
his
office
or
as
may
be
assigned
to
him
by
the
Board
of
Directors
or
the
President.
Section
6.
The
Treasurer
‐
The
Treasurer
of
the
corporation
shall
have
the
following
duties:
a.)
To
keep
full
and
accurate
accounts
of
receipts
and
disbursements
in
the
books
of
the
corporation;
b.) To
have
custody
of,
and
be
responsible
for,
all
the
funds,
securities
and
bonds
of
the
corporation;
c.)
To
deposit
in
the
name
and
to
the
credit
of
the
corporation,
in
such
bank
as
may
be
designated
from
time
to
time
by
the
Board
of
Directors,
all
the
moneys,
funds,
securities,
bonds,
and
similar
valuable
effects
belonging
to
the
corporation
which
may
come
under
his
control;
d.)
To
render
an
annual
statement
showing
the
financial
condition
of
the
corporation
and
such
other
financial
reports
as
the
Board
of
Directors,
or
the
President
may,
from
time
to
time
require;
e.)
To
prepare
such
financial
reports,
statements,
certifications
and
other
documents
which
may,
from
time
to
time,
be
required
by
government
rules
and
regulations
and
to
submit
the
same
to
the
proper
government
agencies;
f.)
To
exercise
such
powers
and
perform
such
duties
and
functions
as
may
be
assigned
to
him
by
the
President.
Section
7.
Term
of
Office
‐
The
term
of
office
of
all
officers
shall
be
one
(1)
year
and
until
their
successors
are
duly
elected
and
qualified.
Section
8.
Vacancies
‐
If
any
position
of
the
officers
becomes
vacant
by
reason
of
death,
resignation,
disqualification
or
for
any
other
cause,
the
Board
of
Directors,
by
majority
vote
may
elect
a
successor
who
shall
hold
office
for
the
unexpired
term.
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
0
Section
9.
Compensation
‐
The
officers
shall
receive
such
renumeration
as
the
Board
of
Directors
may
determine.
A
director
shall
not
be
precluded
from
serving
the
corporation
in
any
other
capacity
as
an
officer,
agent
or
otherwise,
and
receiving
compensation
therefore.
ARTICLE
V
OFFICES
Section
1.
The
principal
office
of
the
corporation
shall
be
located
at
the
place
stated
in
Article
III
of
the
Articles
of
Incorporation.
The
corporation
may
have
such
other
branch
offices,
either
within
or
outside
the
Philippines
as
the
Board
of
Directors
may
designate.
ARTICLE
VI
AUDIT
OF
BOOKS,
FISCAL
YEAR
AND
DIVIDENDS
Section
1.
External
Auditor
‐
At
the
regular
stockholders’
meeting,
the
external
auditor
of
the
corporation
for
the
ensuing
year
shall
be
appointed.
The
external
auditor
shall
examine,
verify
and
report
on
the
earnings
and
expenses
of
the
corporation.
Section
2.
Fiscal
Year
‐
The
fiscal
year
of
the
corporation
shall
begin
on
the
first
day
of
January
and
end
on
the
last
day
of
December
of
each
year.
Section
3.
Dividends
‐
Dividends
shall
be
declared
and
paid
out
of
the
unrestricted
retained
earnings
which
shall
be
payable
in
cash,
property,
or
stock
to
all
stockholders
on
the
basis
of
outstanding
stock
held
by
them,
as
often
and
at
such
times
as
the
Board
of
Directors
may
determine
and
in
accordance
with
law.
ARTICLE
VII
SEAL
Section
1.
Form
and
Inscriptions
‐
The
corporate
seal
shall
be
determined
by
the
Board
of
Directors.
ARTICLE
VIII
AMENDMENTS
Section
1.
These
by‐laws
may
be
amended
or
repealed
by
the
affirmative
vote
of
at
least
a
majority
of
the
Board
of
Director
s
and
the
stockholders
representing
a
majority
of
the
outstanding
capital
stock
at
any
stockholders’
meeting
called
for
that
purpose.
However,
the
power
to
amend,
modify,
repeal
or
adopt
new
by‐laws
may
be
delegated
to
the
Board
of
Directors
by
the
affirmative
vote
of
stockholders
representing
not
less
than
two‐thirds
of
the
outstanding
capital
stock;
provided,
however,
that
any
such
delegation
of
powers
to
the
Board
of
Directors
to
amend,
repeal
or
adopt
new
by‐laws
may
be
revoked
only
by
the
vote
of
stockholders
representing
a
majority
of
the
outstanding
capital
stock
at
a
regular
or
special
meeting.
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
1
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
2
AMENDMENT
OF
THE
ARTICLES
OF
INCORPORATION/BY
LAWS
AMENDMENT
OF
THE
ARTICLES
OF
INCORPORATION
Sec.
16.
Amendment
of
Articles
of
Incorporation.
‐
Unless
otherwise
prescribed
by
this
Code
or
by
special
law,
and
for
legitimate
purposes,
any
provision
or
matter
stated
in
the
articles
of
incorporation
may
be
amended
by
a
majority
vote
of
the
board
of
directors
or
trustees
and
the
vote
or
written
assent
of
the
stockholders
representing
at
least
two‐thirds
(2/3)
of
the
outstanding
capital
stock,
without
prejudice
to
the
appraisal
right
of
dissenting
stockholders
in
accordance
with
the
provisions
of
this
Code,
or
the
vote
or
written
assent
of
at
least
two‐thirds
(2/3)
of
the
members
if
it
be
a
non‐stock
corporation.
The
original
and
amended
articles
together
shall
contain
all
provisions
required
by
law
to
be
set
out
in
the
articles
of
incorporation.
Such
articles,
as
amended
shall
be
indicated
by
underscoring
the
change
or
changes
made,
and
a
copy
thereof
duly
certified
under
oath
by
the
corporate
secretary
and
a
majority
of
the
directors
or
trustees
stating
the
fact
that
said
amendment
or
amendments
have
been
duly
approved
by
the
required
vote
of
the
stockholders
or
members,
shall
be
submitted
to
the
Securities
and
Exchange
Commission.
The
amendments
shall
take
effect
upon
their
approval
by
the
Securities
and
Exchange
Commission
or
from
the
date
of
filing
with
the
said
Commission
if
not
acted
upon
within
six
(6)
months
from
the
date
of
filing
for
a
cause
not
attributable
to
the
corporation.
SEC
Requirements
for
the
Amendment
of
the
Articles
of
Incorporation
1.
Amended
Articles
of
Incorporation
(for
stock
and
non‐stock
corporations)
2.
Directors’/Trustees’
Certificate
–
a
notarized
document
signed
by
a
majority
of
the
directors/trustees
and
the
corporate
secretary,
certifying
the
amendment
of
the
Articles
of
Incorporation,
indicating
the
amended
provisions,
the
vote
of
the
directors/trustees
and
stockholders/members,
the
date
and
place
of
the
stockholders’
or
members’
meeting;
the
TIN
of
the
signatories
should
be
indicated
below
their
names
3.
Company
Data
Maintenance
Form
Additional
Requirements
4.
Indorsement/clearance
from
other
government
agencies,
if
applicable
If
the
provision
to
be
amended
is
the
corporate
name
5.
Name
Verification
Slip
6.
Affidavit
of
a
director/trustee
or
officer
undertaking
to
change
corporate
name
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
3
SAMPLE:
Amended
Articles
of
Incorporation
AMENDED
ARTICLES
OF
INCORPORATION
OF
SANTO
REALTY
AND
DEVELOPMENT
CORPORATION
(As
amended
on
April
12,
2009)
Know
All
Men
By
These
Presents:
That
we,
all
of
whom
are
of
legal
age
and
majority
are
residents
of
the
Philippines,
have
on
this
day,
voluntarily
associated
ourselves
together
for
the
purpose
of
forming
a
stock
corporation
under
the
laws
of
the
Republic
of
the
Philippines:
AND
WE
DO
HEREBY
CERTIFY:
FIRST:
That
the
name
of
the
Corporation
shall
be
SANTO
REALTY
AND
DEVELOPMENT
CORPORATION
(As
amended
on
April
12,
2009)
SECOND:
That
the
specific
purposes
for
which
said
Corporation
is
formed
are:
To
acquire
by
purchase,
lease,
or
otherwise,
lands
or
interest
in
lands
and
realty,
and
to
own,
hold,
improve,
develop,
manage,
and
operate
said
land
or
lands
or
real
estate
so
acquired,
and
to
erect
or
cause
to
be
erected
on
any
lands,
owned,
held,
occupied,
or
acquired
by
the
corporation,
buildings
and
other
structures
with
their
appurtenances,
and
to
rebuild,
enlarge,
alter,
improve,
or
remodel
any
building
or
other
structures
now
or
hereafter
erected
on
any
lands
or
real
estates
so
owned,
held
or
occupied,
or
otherwise
dispose
of
any
lands
or
real
estate
or
interests
in
lands
or
real
estates
and
in
buildings
and
other
structures
at
anytime
owned
or
held
by
the
corporation.
THIRD:
That
the
place
where
the
principal
office
of
the
corporation
is
to
be
established
or
located
is
at
1101
1st
Ave.,
Fort
Bonifacio,
Taguig,
Philippines.
(As
amended
on
April
12,
2009)
FOURTH:
That
the
term
for
which
the
Corporation
is
to
exist
is
Twenty
Five
(25)
years
from
and
after
the
date
of
issuance
of
the
Certificate
of
Incorporation.
(As
amended
on
April
12,
2009)
FIFTH:
That
the
names,
nationalities
and
residences
of
the
incorporators
are
as
follows:
NAME
NATIONALITY
RESIDENCE
Trump
Towers,
Manhattan
City,
1. Donald
Trump
American
New
York,
U.S.A.
123
Governor’s
Place,
Shaw
Blvd.,
2. Jonathan
Francis
Nepomuceno
Filipino
Mandaluyong
City,
Philippines
456
Apitong
St.,
Ayala
Alabang,
3. Ma.
Angela
Aguinaldo
Filipino
Muntinlupa
City,
Philippines
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
4
789
Teehankee
St.,
Multinational
4. Ryan
Christopher
Teehankee
Filipino
Village,
Paranaque
City,
Philippines
1001
Vallejo
St.,
Santa
Rosa,
5. Jon
Paulo
Salvahan
Filipino
Laguna,
Philippines
457
Apitong
St.,
Ayala
Alabang,
6. Anderson
Cooper
Filipino
Muntinlupa
City,
Philippines
124
Governor’s
Place,
Shaw
Blvd.,
7. Francis
Tom
Temprosa
Filipino
Mandaluyong
City,
Philippines
SIXTH:
That
the
number
of
directors
of
the
Corporation
shall
be
five
(5)
and
that
the
names,
nationalities
and
residence
of
the
Directors
of
said
Corporation
who
shall
act
as
such
until
their
successors
are
elected
and
have
qualified
as
provided
for
in
the
by‐laws
are
as
follows:
NAME
NATIONALITY
RESIDENCE
1. Donald
Trump
American
Trump
Towers,
Manhattan
City,
New
York,
U.S.A.
2. Jonathan
Francis
Nepomuceno
Filipino
123
Governor’s
Place,
Shaw
Blvd.,
Mandaluyong
City,
Philippines
456
Apitong
St.,
Ayala
Alabang,
3. Ma.
Angela
Aguinaldo
Filipino
Muntinlupa
City,
Philippines
789
Teehankee
St.,
Multinational
4. Ryan
Christopher
Teehankee
Filipino
Village,
Paranaque
City,
Philippines
1001
Vallejo
St.,
Santa
Rosa,
5. Jon
Paulo
Salvahan
Filipino
Laguna,
Philippines
SEVENTH:
That
the
authorized
capital
stock
of
the
Corporation
is
ONE
HUNDRED
MILLION
PESOS
(P100,000,000.00)
in
lawful
money
of
the
Philippines,
divided
into
ONE
MILLION
(1,000,000.00)
shares
with
the
a
par
value
of
ONE
HUNDRED
PESOS
(P
100.00)
per
share.
EIGHT:
That
the
authorized
capital
stock
of
the
corporation
has
been
fully
subscribed
representing
the
sum
of
ONE
HUNDRED
MILLION
PESOS
(P
100,000,000.00),
Philippine
Currency,
and
at
least
twenty
(25%)
per
cent
of
the
total
subscription
has
been
paid
as
follows:
Name
Nationality
No.
Of
Shares
Amount
Amount
Paid
Subscribed
Subscribed
1. Donald
Trump
American
400,000
P
40,000,000.00
P
40,000,000.00
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
5
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
6
SIGNED
IN
THE
PRESENCE
OF:
PHILIPPE
AQUINO
LUIS
MARTIN
TAN
ACKNOWLEDGEMENT
REPUBLIC
OF
THE
PHILIPPINES)
CITY
OF
MAKATI
)
S.S.
BEFORE
ME,
a
Notary
Public
in
and
for
Makati
City,
Philippines,
this
12th
day
of
April
2009
personally
appeared:
Name
Proof
of
Identification
Date
and
Place
issued
1.
Donald
Trump
Passport
with
No.
US‐1000234
01‐01‐2007
/
NY,
U.S.A.
2.
Jonathan
Nepomuceno
Driver’s
License
with
No.
02‐02‐2008
/
Mandaluyong
5111037
City
3.
Ma.
Angela
Aguinaldo
Driver’s
License
with
No.
03‐03‐2008
/
Muntinlupa
City
8996383
4.
Ryan
Teehankee
Driver’s
License
with
No.
04‐04‐2008
/
Paranaque
City
8571535
5.
Jon
Paulo
Salvahan
Driver’s
License
with
No.
05‐05‐2008
/
Santa
Rosa
City
5587423
6.
Anderson
Cooper
Driver’s
License
with
No.
06‐06‐2008
/
Muntinlupa
City
1434403
7.
Francis
Tom
Temprosa
Driver’s
License
with
No.
07‐07‐2008
/
Mandaluyong
1434402
City
All
known
to
me
and
to
me
known
to
be
the
same
persons
who
executed
the
foregoing
Articles
of
Incorporation
and
they
acknowledged
to
me
that
the
same
is
their
free
and
voluntary
act
and
deed.
IN
TESTIMONY
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
my
notarial
seal
on
the
date
and
the
place
first
above
written.
ALEXANDER
F.
LIM
Notary
Public
Roll
No.
1234
PTR
No.
2345
CTC
No.
3456
MCLE
No.
4567
Commission
expires:
31
December
2010
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
7
Doc.
No.
1;
Page
No.
1;
Book
No.1;
Series
of
2009.
SAMPLE:
Director’s
Certificate
DIRECTORS’
CERTIFICATE
ON
THE
FILING
OF
THE
AMENDED
ARTICLES
OF
INCORPORATION
OF
Santo
Realty
and
Development
Corporation
KNOW
ALL
MEN
BY
THESE
PRESENTS:
WE,
the
undersigned
majority
of
the
Directors
and
the
Corporate
Secretary
of
Rockwell
Corporation
do
hereby
certify
that
the
Articles
of
Incorporation
of
the
Corporation
was
amended
by
a
majority
vote
of
the
Directors
and
the
vote
of
stockholders
representing
at
least
two‐thirds
(2/3)
of
the
outstanding
capital
stock
at
separate
meetings
on
12
April
2009
at
1101
1st
Ave.,
Fort
Bonifacio,
Taguig,
Philippines.
The
amended
provisions
of
the
attached
Amended
Articles
of
Incorporation
refer
to
the
FIRST,
THIRD
and
FOURTH
Articles.
The
FIRST
Article
was
amended
changing
the
corporate
name
from
SANTO
REALTY,
INC.
to
SANTO
REALTY
AND
DEVELOPMENT
CORPORATION.
The
THIRD
Articlewas
amended,
transferring
the
principal
office
of
the
corporation
from
123
Rockwell
Drive,
Rockwell
Center,
Makati
City,
Philippines
to
1101
1st
Ave.,
Fort
Bonifacio,
Taguig,
Philippines.
The
FOURTH
Article
was
amended
changing
the
term
of
the
corporation
from
fifty
(50)
to
twenty
five
(25)
years.
IN
WITNESS
WHEREOF,
we
have
executed
this
Director’s
Certificate
this
12th
day
of
April,
at
the
City
of
Makati.
Ma.
Angela
Aguinaldo
Jonathan
Nepomuceno
Chairman
of
the
Meeting/Director
Secretary
of
the
Meeting/Director
TIN:78‐5537‐0912
TIN:
66‐8124‐3778
Donald
Trump
Ryan
Christopher
Teehankee
Director
Director
TIN:
98‐0004‐7865
TIN:
77‐9087‐6521
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
8
Jon
Paulo
Salvahan
Director
TIN:
76‐8976‐1324
SUBSCRIBED
AND
SWORN
to
before
me
this
12th
day
of
April
2009
in
Taguig
City,
affiants
exhibiting
to
me
the
following:
Name
Proof
of
Identification
Date
and
Place
issued
1.
Donald
Trump
Passport
with
No.
US‐1000234
01‐01‐2007
/
NY,
U.S.A.
2.
Jonathan
Nepomuceno
Driver’s
License
with
No.
02‐02‐2008
/
Mandaluyong
5111037
City
3.
Ma.
Angela
Aguinaldo
Driver’s
License
with
No.
03‐03‐2008
/
Muntinlupa
City
8996383
4.
Ryan
Teehankee
Driver’s
License
with
No.
04‐04‐2008
/
Paranaque
City
8571535
5.
Jon
Paulo
Salvahan
Driver’s
License
with
No.
05‐05‐2008
/
Santa
Rosa
City
5587423
6.
Anderson
Cooper
Driver’s
License
with
No.
06‐06‐2008
/
Muntinlupa
City
1434403
7.
Francis
Tom
Temprosa
Driver’s
License
with
No.
07‐07‐2008
/
Mandaluyong
1434402
City
Juan
Dela
Cruz
Notary
Public
Roll
No.
1234
PTR
No.
2345
CTC
No.
3456
MCLE
No.
4567
My
commission
expires
December
31,
2010
Doc.
No.
1;
Page
No.
1;
Book
No.
1;
Series
of
2009.
2
[LEGAL
FORMS
MANUAL]
3
ATENEO
LAW
3D
’08‐‘09
9
AMENDMENT
OF
THE
BY‐LAWS
Sec.
48.
Amendments
to
by‐laws.
‐
The
board
of
directors
or
trustees,
by
a
majority
vote
thereof,
and
the
owners
of
at
least
a
majority
of
the
outstanding
capital
stock,
or
at
least
a
majority
of
the
members
of
a
non‐stock
corporation,
at
a
regular
or
special
meeting
duly
called
for
the
purpose,
may
amend
or
repeal
any
by‐laws
or
adopt
new
by‐laws.
The
owners
of
two‐thirds
(2/3)
of
the
outstanding
capital
stock
or
two‐thirds
(2/3)
of
the
members
in
a
non‐stock
corporation
may
delegate
to
the
board
of
directors
or
trustees
the
power
to
amend
or
repeal
any
by‐laws
or
adopt
new
by‐laws:
Provided,
That
any
power
delegated
to
the
board
of
directors
or
trustees
to
amend
or
repeal
any
by‐laws
or
adopt
new
by‐laws
shall
be
considered
as
revoked
whenever
stockholders
owning
or
representing
a
majority
of
the
outstanding
capital
stock
or
a
majority
of
the
members
in
non‐stock
corporations,
shall
so
vote
at
a
regular
or
special
meeting.
Whenever
any
amendment
or
new
by‐laws
are
adopted,
such
amendment
or
new
by‐laws
shall
be
attached
to
the
original
by‐laws
in
the
office
of
the
corporation,
and
a
copy
thereof,
duly
certified
under
oath
by
the
corporate
secretary
and
a
majority
of
the
directors
or
trustees,
shall
be
filed
with
the
Securities
and
Exchange
Commission
the
same
to
be
attached
to
the
original
articles
of
incorporation
and
original
by‐laws.
The
amended
or
new
by‐laws
shall
only
be
effective
upon
the
issuance
by
the
Securities
and
Exchange
Commission
of
a
certification
that
the
same
are
not
inconsistent
with
this
Code.
(22a
and
23a)
SEC
Requirements
for
the
Amendment
of
the
By‐Laws
1.
Amended
By‐laws
(for
stock
and
non‐stock
corporations)
2. Directors’/Trustees’
Certificate
–
a
notarized
document
signed
by
a
majority
of
the
directors/trustees
and
the
corporate
secretary,
certifying
the
amendment
of
the
By‐laws,
indicating
the
amended
provisions,
the
vote
of
the
directors/trustees
and
stockholders/
members,
the
date
and
place
of
the
stockholders’
or
members’
meeting
3. Company
Data
Maintenance
Form