Atty Carillo - Legal Ethics

LEGAL ETHICS AND LEGAL FORMS
Atty. Carillo
Legal Ethics has 3 parts, Legal Ethics proper, Judicial Ethics and Practical Exercises
PRACTICAL EXERCISES.
Traditional Standards in the Bar Exam – Formality, Neatness, Thoroughness and Orderliness, Brevity,
Clarity, Correctness and Logic
Formality - Use elegant language employing plain and familiar words. Avoid informal or slang language.
Always use formal language. Use the Standard English language. Be aware of your readers.
Neatness – Planning is essential to avoid errors in writing. When erasing, use only a single straight line.
Write Legibly. Use the spaces of the booklet properly to house all the answers. Choose your pen and
practice writing with it (no pencils, no ballpens, rules on fountain pen has been relaxed and any sign pen
can do).
Thoroughness and Orderliness - Answer sequentially. Organize ideas to convey your message/position.
Brevity – Keep your answers short and simple.
CCL – Know what should be communicated through orderly thought process.
2020 Bar Exam on what has been expected to be written in forms.
1. Basic contracts – Sales/Lease of Property, SPA, Affidavits, Jurats or Acknowledgements, Demand

or Authorization Letters, Quitclaims, Promissory Notes, Retainers.
2. Basic pleadings – Verifications or Certifications, Motion for Extention or Dismiss or Declare in

Default, Notices of Hearings, Service Explanations, Judaffs, Informations in Criminal Cases.
These two are the core of Legal Writing. The focus of legal writing is to persuade and win the reader by
your viewpoints. Emphasize on the reader. Convince your reader to look at the issue differently.
ABC of good writing
1. A – Accuracy, appropriateness, attentiveness to your audience, avoidance of ambiguity

2. B – Brevity, brightness, buoyancy
3. C – Correct grammar, coherence, clear
Read your problems carefully so that you will know what to draft under the given question. Do your Pre-
work.
Contract is a happy mix of all those requirements under the civil code. Contract Form is the template
itself that houses your contract. When the problem does not specify the form, use the Deed Form (TAF-
CAS-SA).
Deed Form shows a written unilateral act of conveying a thing or a right to another. Because this is
unilateral, then the first person point of view is to be used.
Suggestions in drafting your basic contracts or pleadings in the bar exams:
1. Purge or cancel Legalese and Old English and use Standard English instead. Use Simple English.
2. Keep your sentences simple and brief. Eliminate verbosity in writing.
3. Avoid shifts in points of view (if first person, it should only be first person, and if third person,
then only third person).
4. Avoid Parenthetical numerical (numbers and words in figures).
5. Watch your grammar.
(TAF CAS SA in Deed Form)
Title
Announcement
First Party
Consideration
Act or Conveyance
Second Party
Signature
Acknowledgement
(TAA RAC SA in Contract Form)
Title
Announcement
Actors
Recitals
Agreement
Conditions
Signatories
Acknowledgement
Special Powers of Attorney is a contract of agency, therefore Article 1878 of the Civil Code applies.
(VeTiPe-OStaSiJu for Affidavits)
Venue of Execution
Title
Pe
Oath
Statement
Signature
Jurat
Acknowledgements and Jurats
Acknowledgment applies to contracts, Jurats apply to affidavits.
Acknowledgment is defined under the 2004 notarial rules law. This has 3 parts and the 3 rd part is the
important part as there is a representation on the part of the notary public, that the signature in the
instrument and the instrument has been executed as a voluntary act and that those agents, if ever
present, are persons have that capacity and are authorized to do so.
There are various forms of acknowledgements authorized under the revised notarial rules:
1. Principal is personally known to the notary

2. Principal presents a current ID sanctioned by the rules to the Notary
3. Principal has no ID but identified by one credible witness
4. Principal has no ID but is identified by 2 credible witnesses
Jurat is also defined under the same rules.

Competent Evidence of Identity is also defined by the same rules.

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LEGAL ETHICS AND LEGAL FORMS

Brevity – Keep your answers short and simple.

CCL – Know what should be communicated through orderly thought process.

2020 Bar Exam on what has been expected to be written in forms.

1. Basic contracts – Sales/Lease of Property, SPA, Affidavits, Jurats or Acknowledgements, Demand

2. Basic pleadings – Verifications or Certifications, Motion for Extention or Dismiss or Declare in

ABC of good writing

1. A – Accuracy, appropriateness, attentiveness to your audience, avoidance of ambiguity

Suggestions in drafting your basic contracts or pleadings in the bar exams:

(TAF CAS SA in Deed Form)

(TAA RAC SA in Contract Form)

(VeTiPe-OStaSiJu for Affidavits)

Acknowledgements and Jurats

Acknowledgment applies to contracts, Jurats apply to affidavits.

1. Principal is personally known to the notary

Jurat is also defined under the same rules.

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