ATENEO CENTRAL LEGAL FORMS

BAR OPERATIONS 2018

III. PRACTICAL EXERCISES

TOPICS UNDER THE SYLLABUS

A. Preliminary Discussion
B. Quitclaims in Labor Cases
C. Simple Contracts – Lease, Sale of Realty or Personal Property
D. Promissory Note
E. Verification and Certificate of Non-Forum Shopping
F. Notice of Hearing (All levels)
G. Affidavits and Explanation

A. PRELIMINARY DISCUSSION

[This Section covers the basics of forms in terms of notarial law, as most legal forms will contain some
form of notarial act.]

1. Notarial Certificate; Defined

"Notarial Certificate" refers to the part of, or attachment to, a notarized instrument or document that is:
1. Completed by the notary public;
2. Bears the notary's signature and seal; and
3. States the facts attested to by the notary public in a particular notarization as provided for by these
Rules.
(Rule II, Sec. 8 of 2004 Rules on Notarial Practice)

The notarial certificate shall include the following:

1. The name of the notary public as exactly indicated in the commission;
2. The serial number of the commission of the notary public;
3. The words "Notary Public" and the province or city where the notary public is commissioned, the
expiration date of the commission, the office address of the notary public; and
4. The roll of attorney's number, the IBP membership number, and the professional tax receipt (PTR)
number and the place and date of issuance.
(Rule VIII, Sec. 2 of 2004 Rules on Notarial Practice)

2. Form: Notarial Certificate

[Signature of Notary Public]

JOSIAH LEE
Notary Public for Makati City
Appointment No. 234 until Dec. 31, 2019
874 Swallow St., Makati City
Roll No. 12345
IBP No. 225; issued Jan. 2, 2017; IBP Makati Chapter
PTR No. 24; issued Jan. 3, 2017; Makati City

Memory Aid: (NNoVADARIP)

Name

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Notary Public for Venue

Appointment No.
Date of expiry
Address/Regular Place of Work or Business
Roll No.
IBP No.
PTR No.

Notarial acts executed by a notary public always feature the above notarial certificate. (Rule II, Sec. 8 of
2004 Rules on Notarial Practice)

3. Jurat; Defined
“Jurat” refers to an act in which an individual on a single occasion:
1. appears in person before the notary public and presents an instrument or document;
2. is personally known to the notary public or identified by the notary public through competent evidence
of identity as defined by these Rules;
3. signs the instrument or document in the presence of the notary; and
4. takes an oath or affirmation before the notary public as to such instrument or document.
(Rule II, Section 6 of 2004 Rules on Notarial Practice)

4. Form: Jurat

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

JURAT

Subscribed and sworn to before me, a Notary Public in and for Makati City, affiant exhibiting to me her
Passport issued at DFA Manila and expiring on November 20, 2020, who was identified by me through
competent evidence of identity to be the same person who presented the foregoing instrument, signed the
instrument in my presence, and who took an oath before me as to such instrument.

Witness my hand and seal this 14th day of December 2018.

[INSERT NOTARIAL CERTIFICATE]

Doc. No. ;
Page No. ;
Book No. ;
Series of 2018.

5. Oath or Affirmation; Defined

The term “Affirmation” or “Oath” refers to an act in which an individual on a single occasion:
1. appears in person before the notary public;
2. is personally known to the notary public or identified by the notary public through competent evidence
of identity as defined by these Rules; and
3. avows under penalty of law to the whole truth of the contents of the instrument or document.
(Rule II, Sec. 2 of 2004 Rules on Notarial Practice)

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6. Form: Oath or Affirmation

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

OATH

Sworn to before me this 27th day of June, 2018, in Makati City, Philippines, John Doe exhibiting to me his
Passport issued at DFA Manila and expiring on November 20, 2020, who was identified by me through
competent evidence of identity to be the same person who presented the foregoing instrument and
avowed, under penalty of law, to the whole truth of its contents.

Witness my hand and seal this 14th day of December 2018.

[INSERT NOTARIAL CERTIFICATE]

Doc. No. ;
Page No. ;
Book No. ;
Series of 2018.

7. Copy Certification; Defined

“Copy Certification” refers to a notarial act in which a notary public:
1. is presented with an instrument or document that is neither a vital record, a public record, nor publicly
recordable;
2. copies or supervises the copying of the instrument or document;
3. compares the instrument or document with the copy; and
4. determines that the copy is accurate and complete.
(Rule II, Section 4 of 2004 Rules on Notarial Practice)

8. Form: Copy Certification

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

COPY CERTIFICATION

This is to certify that I was presented with an instrument entitled “Deed of Sale” which is neither a vital
record, a public record, nor publicly recordable; that I copied the instrument; and that I compared the
copied instrument with the original copy and I hereby certify that the copy is accurate and complete.

[INSERT NOTARIAL CERTIFICATE]

Doc. No. ;
Page No. ;
Book No. ;
Series of 2018.

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9. Acknowledgment; Defined
"Acknowledgment" refers to an act in which an individual on a single occasion:
1. appears in person before the notary public and presents an integrally complete instrument or
document;
2. is attested to be personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and
3. 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 the authority to sign in that capacity.
(Rule II, Sec. 1 of 2004 Rules on Notarial Practice)

An individual must present his or her community tax certificate (CTC) when he or she acknowledges a
document before a notary public. Thus, the CTC number, among other details retailed to such CTC, must
be stated in the acknowledgment. (Local Government Code, Sec. 163)

Documents acknowledged before notary publics (except last wills and testaments) are considered public
documents under the Rules of Evidence, and may be presented in evidence without further proof, the
certificate of acknowledgment being prima facie evidence of the execution of the instrument or document
involved. (Rules of Court, Rule 132, Sec. 30)

10. Form: Acknowledgment

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

ACKNOWLEDGMENT

Before me, a Notary Public in and for Makati City, personally appeared John Doe, with CTC No. 213,
issued by the City of Makati on January 10, 2018, exhibiting to me his Passport issued at DFA Manila and
expiring on November 20, 2020, who was identified by me through competent evidence of identity to be
the same person who presented the foregoing instrument, and who acknowledged to me that his
signature on the instrument were voluntarily affixed by him for the purposes stated therein, and affirmed
that such instrument is his free and voluntary act and deed.

Witness my hand and seal this 13th day of December 2018.

[INSERT NOTARIAL CERTIFICATE]

Doc. No. ;
Page No. ;
Book No. ;
Series of 2018.

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11. Pleadings or Motions

Pleadings are different from motions, but they are subject to the same requirements of form. (Rules of
Court, Rule 15, Sec. 10)

The general rule is that pleadings need not be verified. (Rules of Court, Rule 7, Sec. 4) However, there
are provisions of the Rules which require certain pleadings to be verified:
i. Petition for Relief from Judgment under Rule 38
ii. Petitions for Review under Rules 42, 43, and 45
iii. Petition for Annulment of Judgment under Rule 47
iv. Complaint for Injunction under Rule 58
v. Petitions for Certiorari, Prohibition, and Mandamus under Rule 65
vi. Complaint for Expropriation under Rule 67
vii. All pleadings filed in connection with ejectment cases under Rule 70

Initiatory pleadings must be accompanied by a Certification of Non-Forum Shopping. This includes

Answers which contain permissive (as opposed to compulsory) counterclaims.

An explanation is required only when a pleading or motion is served and/or filed other than by personal
service or filing. (Rules of Court, Rule 13, Sec. 11)

An affidavit of service or filing is required only when a pleading or motion is served and/or filed other than
by personal service or filing. (Rules of Court, Rule 13, Sec. 12 & 13)

12. Form: Pleadings/Motions

REPUBLIC OF THE PHILLIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY
BRANCH 133

X Corporation,
Plaintiff,

- versus - Civil Case No. 12-00345

A,
Defendant.
x----------------------------------------------------------------------------------------------------------------------------x

MOTION TO DISMISS

Defendant A (“Defendant”), by counsel, respectfully moves for the dismissal of this case on the
following:

Grounds

[Insert arguments]

Discussion

I. [Insert First Argument]

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II. [Insert Second Argument]

PRAYER

WHEREFORE, Defendant respectfully prays that the Honorable Court DISMISS the Complaint in its
entirety on the grounds stated above.

Defendant also respectfully prays for other just and equitable reliefs.

[Venue], [Date],

[Insert firm/lawyer details]

Notice of Hearing and

Copies furnished:

Atty. XYZ [BY REGISTERED MAIL]

Counsel for the Plaintiff
[Insert address]

Branch Clerk of Court [BY HAND]

Regional Trial Court of Makati City,
Branch 133

Gentlemen:

The undersigned will submit the foregoing Motion to Dismiss for the consideration and approval of
the Honorable Court on [Date] at [Time].

[Insert name]

EXPLANATION

This motion will be served on Plaintiff’s counsel by registered mail due to lack of time and the
distance between his office and the office of the undersigned.

[Insert name]

[Note: The second paragraph in the Prayer must be excluded when questioning the court’s jurisdiction.]

Memory Aid: (CapTiBRA – Plus)

Caption
Title
Body
Relief
Attorney’s details
Name
Address
Contact information
Roll No.
IBP Receipt No.
PTR No.
MCLE Compliance or Exemption Certificate No.
Plus
Depending on the pleading or motion involved, it may include one or more of the following:

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Verification and/or Certification of Non-Forum Shopping

Notice of Hearing (for motions)
Explanation
Proof of Service
Copy/ies Furnished
Affidavit of Service/Filing

13. Competent Evidence of Identity; Defined

The phrase “competent evidence of identity” refers to the identification of an individual based on:
(a) at least one current identification document issued by an official agency bearing the photograph and
the signature of the individual; or
(b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction
who is personally known to the notary public and who personally knows the individual, or of two
credible witnesses neither of whom is privy to the instrument, document, or transaction who each
personally knows the individual and shows to the notary public documentary identification.
(Rule II, Section 12 of 2004 Rules on Notarial Practice)

Examples of Competent Evidence of Identity include, but are not limited to, the following:
i. Passport
ii. Driver’s license
iii. Professional Regulations Commission ID
iv. National Bureau of Investigation clearance
v. Police clearance
vi. Postal ID
vii. Voter’s ID
viii. Barangay certification
ix. Government Service and Insurance System (GSIS) e-card
x. Social Security System (SSS) card
xi. Philhealth card
xii. Senior citizen card
xiii. Overseas Workers Welfare Administration (OWWA) ID
xiv. OFW ID
xv. Seaman’s book
xvi. Alien certificate of registration/immigrant certificate of registration
xvii. Government office ID
xviii. Certification from the National Council for the Welfare of Disable Persons (NCWDP), Department
of Social Welfare and Development (DSWD) certification.
(A.M. No. 02-8-13-SC, 2008)

Note that competent evidence of identity is needed only when the principal requesting that the notary
public perform the notarial act is not personally known to the notary public; if the notary public personally
knows the principal, the notary must say so in the notarized document, instead of providing for the details
of the principal’s competent evidence of identity. (Rule II, Secs. 1, 2, 4, 6, 14, 2004 Rules on Notarial
Practice)

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B. QUITCLAIMS IN LABOR CASES

1. Applicable Rules
A quitclaim is valid if the employer is able to prove the following requisites:
1. The employee executes a deed of quitclaim voluntarily
2. There is no fraud or deceit on the part of any of the parties
3. The consideration of the quitclaim is credible and reasonable
4. The contract is not contrary to law, public order, public policy, morals or good customs or prejudicial
to a third person with a right recognized by law.
(Sime Darby Pilipinas, Inc. v. Arguilla, G.R. No. 143542, 2006)

2. Form: Waiver or Quitclaim

WAIVER/QUITCLAIM

KNOW ALL MEN BY THESE PRESENTS:

That I, Mary Sue, Filipino, of legal age, a resident of #6 Esteban Abada Katipunan, Quezon City, and
formerly employed with Merry Mary Corporation, do by these presents acknowledge receipt of the sum of
P690,000.00, Philippine Currency, as final settlement of the [financial assistance or separation pay,
overtime pay, salary or salaries, wage or wages, commutable sick and vacation leaves, gratuities or any
kind of compensation or emoluments] due to me or which may be due to me by the Company under the
law or under any existing agreement with respect thereto, as well as any and all claims of whatever kind
and nature which I have or may have against the Company.

In return, I do hereby quitclaim, release, discharge and waive any and all actions of whatever nature,
expected, real or apparent, which I may have against the Company, its directors, officers, employees,
agents, and clients by reason of or arising from my employment with the company. I will institute no
action, whether civil, criminal, labor, or administrative against Merry Mary Corporation, its directors,
officers, employees, agents, and clients. Any pending action relating to such shall be considered
voluntarily withdrawn.

I declare that I have read this document and have fully understood its contents. I further declare that I
voluntarily and willingly executed this Release, Waiver and Quitclaim with full knowledge of my rights
under the law.

IN WITNESS WHEREOF, I have hereunto set my hand at Quezon City, this 6th day of March, 2018.

MARY SUE
Affiant

SIGNED IN THE PRESENCE OF:

(Sgd.) WIT 1

(Sgd.) WIT 2

[INSERT JURAT]

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C. SIMPLE CONTRACTS

1. General Template

[NAME OF CONTRACT]

KNOW ALL MEN BY THESE PRESENTS:

This [Name of Contract] (“Agreement”) is entered into this [day] day of [Month] [Year] at [Place], between:

[FIRST PARTY]

and

[SECOND PARTY]

(The First Party and the Second Party are hereinafter collectively referred to as the “Parties”)

WITNESSETH: That –

WHEREAS:

A.

B.

C.

NOW, WHEREFORE, premises considered, the Parties hereby agree as follows:

[BODY OF CONTRACT]

IN WITNESS WHEREOF, the Parties have entered into this Agreement on the day and the year first
above written.

FIRST PARTY SECOND PARTY

By: By:
___________________________ ___________________________

Witnessed by:

_____________________________ _____________________________

[INSERT ACKNOWLEDGMENT]

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2. Special Rules for Transactions Involving Real Property

For transactions involving real rights to be enforceable, they must be in writing and subscribed by the
parties charged. As a general rule, evidence of the agreement cannot be received without the writing.
(Civil Code, Art. 1403 (2) (e))

A contract involving real rights which is in writing and subscribed by the parties, but is not found in a
public instrument, is valid. Thus, as a general rule, a defective notarization does not affect the validity of
a contract. However, the instrument becomes a private instrument which must be proved following the
rules in Sections 20-22 of Rule 132 of the Rules of Court. (Teoco v. Metrobank, G.R. No. 162333, 2008)

For deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary instruments
involving real property to be registrable with the Register of Deeds, the Property Registration Decree
requires the following:
1. The transaction must be contained in a public instrument
2. The instrument must be signed by the person/s executing the same in the presence of at least two
witnesses, who shall likewise sign it,
3. The instrument must be acknowledged to be the free act and deed of the person/s executing the
same before a notary public or other authorized public officer
4. Where the instrument consists of two or more pages, including the page whereon acknowledgment is
written, each page of the copy which is to be registered, except the page where the signatures
already appear at the foot of the instrument, shall be signed on the left margin by the person/s
executing the instrument and their witnesses, and all the pages sealed with the notarial seal, and this
fact as well as the number of pages shall be stated in the acknowledgment.
5. Where the instrument acknowledged relates to a sale, transfer, mortgage or encumbrance of two or
more parcels of land, the number thereof shall likewise be set forth in said acknowledgment. (P.D.
1529, Sec. 112)

3. Form: Deed of Sale of Real Property

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

I, LOU GAW, Filipino, single, and resident of Makati City, for and in consideration of the amount of
P10,000,000.00, paid to me today by CUTE SHAH, Filipino, single and resident of Makati City, do hereby
SELL, TRANSFER, and CONVEY absolute and unconditionally unto said CUTE SHAH certain parcel(s)
of land, together with the buildings and improvements thereon situated in the City of Makati, and more
particularly described as follows:

(Technical Description of property; specify metes and bounds of the property with approximate area
thereof, as indicated on the face of the title)

of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original)
Certificate of Title No. 223, issued by the Register of Deeds of Makati City.

It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of
this deed of sale.

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IN WITNESS WHEREOF, I have signed this deed this 9th day of March, 2018 at Makati City.

LOU GAW
Vendor

[Note: If the vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If
vendor is married, then add the following:]

With my consent:

GANDA KHO
Vendor’s Wife

SIGNED IN THE PRESENCE OF:

(Sgd.) WIT 1

(Sgd.) WIT 2

[INSERT ACKNOWLEDGMENT]

[Note: If the instrument conveys 2 or more parcels of land, pursuant to the Property Registration Decree,
include the following after the first paragraph in the acknowledgment:]

This instrument relates to the sale (or mortgage) of 2 parcels of land, and consists of 2 pages including
the page on which this acknowledgment is written, each and every page of which, on the left margin,
having been signed by LOU GAW and her witnesses, and sealed with my Notarial seal.

4. Special Rules Concerning the Contract of Lease

For a contract of lease lasting more than a period of one year and transactions involving real rights to be
enforceable, they must be in writing and subscribed by the parties charged. As a general rule, evidence
of the agreement cannot be received without the writing. (Civil Code, Art. 1403 (2) (e))

5. Form: Contract of Lease

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into at Makati this 7th day of July 2018 by and between DIANA
DESIRABLE, of legal age, married to ASA KA (LESSOR), and resident of Makati City, and ALAN DY, of
legal age, single and resident of Quezon City (LESSEE), WITNESSETH that:

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1. In consideration of a monthly rental of P23,000.00 and the covenants made below, the LESSOR hereby
LEASES to the LESSEE an apartment located at 52 Sorrow Street, Makati City covered by Tax
Declaration No. 005 (Makati City Assessor’s Office) for a period of 12 MONTHS from signing of this
contract.

2. The LESSEE covenants, as follows:

2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the residence
of LESSOR;
2.2. To keep the premises in good and habitable condition, making the necessary repairs and painting
inside and outside the house;
2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in
the event of such unauthorized major alterations and improvements, surrendering ownership over such
improvements and alterations to the LESSOR upon expiration of this lease;

IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned.

DIANA DESIRABLE
Lessor

With my consent:
ASA KA

ALAN DY
Lessee

[INSERT ACKNOWLEDGMENT]

6. Special Rules for Sale of Personal Property

General Rule: An agreement for the sale of goods, chattels, or things in action, at a price not less than
P500, must be in writing, or else it is unenforceable. (Civil Code, Art. 1403 (2) (d))

Exceptions:
i. If the buyer accepts and receives part of such goods and chattels, or the evidences, or some of
them, of such things in action or pay at the time some part of the purchase money, the contract
becomes enforceable.
ii. When a sale is made by auction and entry is made by the auctioneer in his sales book, at the time
of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers
and person on whose account the sale is made, then the sale is also enforceable. (Civil Code, Art.
1403 (2) (d))

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7. Form: Deed of Sale of Personal Property

DEED OF SALE OF MOTOR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:

That I, VALERIE VEE, Filipino, of legal age, a resident of 32 Viller Street, Makati City, am the lawful owner
of a certain motor vehicle which is more particularly described as follows:

[INSERT DESCRIPTION OF VEHICLE, NORMALLY MODEL, MAKE, COLOR, PLATE NUMBER AND
REGISTRATION NO.]

That for and in consideration of the sum of Amount in P2,000,000,000.00, Philippine Currency, receipt
whereof is hereby acknowledged to my entire satisfaction, I hereby sell, transfer and convey by way of
Absolute Sale unto PIPER LEE, Filipino, of legal age, and resident of 23 Sundance Lane, Quezon City,
the above described motor vehicle, free from all liens and encumbrances.

IN WITNESS WHEREOF, we have hereunto affixed our hands this 2nd day of February at Mandaluyong
City.

VALERIE VEE
Seller

PIPER LEE
Buyer

SIGNED IN THE PRESENCE OF:

(Sgd.) WIT 1

(Sgd.) WIT 2

[INSERT ACKNOWLEDGMENT]

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8. Form: Subscription Agreement

SUBSCRIPTION AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

That the undersigned, Juan Dela Cruz, Filipino, and with address at 123 Salcedo Village, Makati City (the
“SUBSCRIBER”) hereby subscribes to Five Thousand (5,000) shares of the common capital stock of ABC
Corporation (the “CORPORATION”), a corporation duly organized and existing under the laws of the
Philippines, and with address at 123 Rockwell Drive, Makati City, at a subscription price of P100.00 per
share, or a total subscription price of P500,000.00, payable as follows:

P300,000 upon execution of this Agreement;

P100,000 on 6th of May 2018;
th
P100,000 on 6 of May 2019.
Except as otherwise indicated above, subscriptions shall be payable at any time upon call by the Board of
Directors of the CORPORATION. Subscriptions not paid on due date shall be subject to interest at 6% per
annum from due date until fully paid, without prejudice to the right of the CORPORATION to declare the
same delinquent in accordance with the Corporation Code of the Philippines and to all other rights
available to the CORPORATION under the law.

IN WITNESS WHEREOF, the parties have caused these presents to be signed on the 10th of June of
2017, in the City of Makati.

CORPORATION: SUBSCRIBER:
ABC Corporation Juan Dela Cruz
TIN 12345 TIN 12345

___________________________ ___________________________

SIGNED IN THE PRESENCE OF:

(Sgd.) WIT 1

(Sgd.) WIT 2

[INSERT ACKNOWLEDGMENT]

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D. PROMISSORY NOTE

1. Definition
A promissory note is a genuine document acknowledging a loan duly received and promising to pay the
same on the date indicated in accordance with the conditions therein set forth. (Sierra v. CA, G.R. No.
90270, 1992)

2. Required Form of Promissory Notes

2
A promissory note must conform to the following requisites: (PO W)
1. Must contain an unconditional Promise to pay a sum certain in money
2. Must be payable On demand, or at a fixed or determinable future time
3. Must be payable to Order or to bearer
4. It must be in Writing and signed by the maker (Negotiable Instruments Law, Sec. 1)

3. Form: Promissory Note

PROMISSORY NOTE

For value received, WE, JUAN DE LA CRUZ, & JUANA DE LA CRUZ, hereby promise to pay Mr. Jose
Rizal, his heirs and assigns or order, the sum of P65,000.00, Philippine Currency, on or before October 8,
2019 at his residence in Makati City.

In case of default, we will shoulder all expenses incurred in the collection and attorney's fees of P1,000.00
plus an interest of 6% per annum.

(Sgd.) JUAN DE LA CRUZ

(Sgd.) JUANA DE LA CRUZ
September 8, 2018
Makati City

E. VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

1. Verification
General Rule: Pleadings need not be verified. (Rules of Court, Rule 7, Sec. 4)

Exception: When explicitly required by law or the Rules of Court. (Rules of Court, Rule 7, Sec. 4)

Some Examples of Verified Pleadings:

i. All pleadings under the Rules of Summary Procedure (Rules of Summary Procedure, Rule II, Sec.
3 (B))
ii. Petition for a notarial commission (2004 Rules on Notarial Practice, Rule III, Sec. 2)
iii. Petition for Adoption (Rule on Adoption, Domestic Adoption, Sec. 7)
iv. As a general rule, pleadings where there is a specific denial under oath of an actionable document
(Rules of Court, Rule 8, Sec. 8)
v. Petition for relief from judgment, order, or other proceedings (Rules of Court, Rule 38, Sec. 1)
vi. Petition for relief from denial of appeal (Rules of Court, Rule 38, Sec. 1)

How Done: A pleading is verified by an affidavit that the affiant has read the pleading and that the

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allegations therein are true and correct of his personal knowledge or based on authentic records. (Rules
of Court, Rule 7, Sec. 4, as amended)

How Not Done: A pleading required to be verified shall be treated as an unsigned pleading when:
(a) It contains a verification based on "information and belief," or upon "knowledge, information and
belief," or
(b) It lacks a proper verification. (Rules of Court, Rule 7, Sec. 4)

2. Form: Verification (In General)

VERIFICATION

I, Bebot Mariano, of legal age, after having been duly sworn in accordance with law, do hereby depose
and state that:

I am the plaintiff in the pleading entitled “Petition for Relief from Judgment.”
I have caused its preparation.
I have read it and the allegations therein are true and correct based on my personal knowledge or based
on authentic records.

IN WITNESS WHEREOF, I have signed this verification on 19 May 2018.

(Sgd.)
BEBOT MARIANO

[INSERT JURAT]

3. Form: Verification (Specific Denial Under Oath of An Actionable Document Under Rule 8, Sec. 8)

VERIFICATION

I, YOKO ONO, of legal age, do hereby depose and state that:

I am the defendant in the case filed by PAUL MCCARTNEY for ejectment;

In response, I have caused the preparation of this Answer with Counterclaim;
I have read its contents and affirm that they are true and correct to the best of my own personal
knowledge;
I specifically deny the genuineness and due execution as well as the binding effect of the actionable
documents pleaded by plaintiff;
IN WITNESS WHEREOF, I have signed this verification on 19 May 2018.

(Sgd.)
YOKO ONO

[INSERT JURAT]

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4. Certification Against Forum Shopping

In the certification against forum shopping, the plaintiff or principal party shall certify under oath (1) in the
complaint or other initiatory pleading asserting a claim for relief, or (2) in a sworn certification annexed
thereto and simultaneously filed therewith:
1. 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;
2. If there is such other pending action or claim, a complete statement of the present status thereof; and
3. 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 5 days therefrom to the court wherein his aforesaid complaint or initiatory
pleading has been filed. (Rules of Court, Rule 7, Sec. 5)

Failure to comply with the foregoing requirements shall

• NOT be curable by mere amendment of the complaint or other initiatory pleading
• Shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon
motion and after hearing. (Rules of Court, Rule 7, Sec. 5)

VERIFICATION CERTIFICATION AGAINST FORUM SHOPPING

If signed by the wrong party, this is a formal defect If signed by the wrong party, this is a substantive
defect
Does not necessarily render the pleading fatally General Rule:
defective. Not curable despite subsequent submission or
correction thereof
The court may order its submission or correction
or act on the pleading if the attending Exception:
circumstances are such that strict compliance with When there is a need to relax the Rule on the
the Rule may be dispensed with in order that the ground of "substantial compliance" or presence of
ends of justice may be served thereby. "special circumstances or compelling reasons
Executed by the party-pleader General Rule:
Must be executed by the party-pleader, not by his
counsel.

Exception:
If there are reasonable or justifiable reasons, & the
party-pleader is unable to sign, he must execute a
Special Power of Attorney designating his counsel
of record to sign on his behalf.
(Vda. de Formosa v. Philippine National Bank, G.R. No. 154704, 2011 & Fuji Television Network v.
Espiritu, G.R. No. 204944-45, 2014)

General Rule: The certification against forum shopping must be signed by all the plaintiffs or petitioners
in a case; otherwise, those who did not sign will be dropped as parties to the case.

Exception: Under reasonable and justifiable circumstances, when all the plaintiffs or petitioners share a
common interest and invoke a common cause of action or defense, the signature of only one of them in
the certification is substantial compliance with the Rules. One example of such a situation would be co-
ownership by family members of a specific property. (Vda. de Formosa v. Philippine National Bank, G.R.
No. 154704, 2011)

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5. Form: Certification Against Forum Shopping

CERTIFICATION AGAINST FORUM SHOPPING

I, Sunny Shine, of legal age, after having been duly sworn in accordance with law, do hereby depose and
state that:
I am the plaintiff in the case entitled Shine v. Spine;
I hereby certify that I have not commenced any action or filed any claim involving the same issues before
any other court, tribunal or quasi-judicial agency;
To the best of my knowledge, there is no such pending action or claim;
If I should learn that a similar action or claim has been filed or is pending, I shall report such fact within 5
days from the discovery to this Honorable Court.

IN WITNESS WHEREOF, I have signed this certification on 19 May 2018.

(Sgd.)
SUNNY SHINE

[INSERT JURAT]

7. Special Rules Governing Verifications and Certifications Against Forum Shopping of

Corporations
General Rule: To validly sign the verification and certificate against forum shopping of a corporation,
corporate officers must attach either the board resolution authorizing them, or the Corporate Secretary’s
Certificate. (Mid-Pasig Land Development Co. v. Tablante, G.R. No. 162924, 2010)

Exception: Jurisprudence has held that the following officials or employees of the company can sign the
verification and certification without need of a board resolution:
i. The Chairperson of the Board of Directors
ii. The President of a corporation
iii. The General Manager or Acting General Manager
iv. Personnel Officer
v. An Employment Specialist, if what is involved is a labor case. (Fuji Television Network v. Espiritu,
G.R. No. 204944-45, 2014)

8. Form: Verification and Certification Against Forum Shopping of a Corporation

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, Bebot Mariano, of legal age, do hereby state that:

I am the President of Bebot Bebot Be Company and in such capacity, caused this Complaint to be
prepared;
I was authorized by the Board of Directors of Bebot Bebot Be Corporation to file this suit, as evidenced by
the attached board resolution;
I have read its contents and affirm that they are true and correct to the best of my own personal
knowledge;
I hereby certify that there is no other case commenced or pending before any court involving the same
parties and the same issue and that, should I learn of such a case, I shall notify the court within 5 days

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from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 19 July 2018.

(Sgd.)
BEBOT MARIANO

[INSERT JURAT]

F. NOTICE OF HEARING (FOR ALL LEVELS)

1. Definition and General Rules

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. (Te, Pleadings, Petitions, Motions and Other Judicial and Legal Forms, 2007)
Except for motions which the court may act upon without prejudicing the rights of the adverse party, every
written motion shall be set for hearing by the applicant. (Rules of Court, Rule 15, Sec.5).

2. The 3-Day and 10-Day Notice Rule

The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of
the hearing which must not be later than 10 days after the filing of the motion. (Rules of Court, Rule 15,
Sec.5).

Every written motion required to be heard and the notice of the hearing thereof shall be served in such a
manner as to ensure its receipt by the other party at least 3 days before the date of hearing, unless the
court for good cause sets the hearing on shorter notice. (Rules of Court, Rule 15, Sec.4).

3. Special Rules Governing Notice of Hearing Before the Court Of Appeals and Supreme Court
General Rule: Motions before the Court of Appeals and the Supreme Court are not set for hearing;
hence, a notice of hearing is generally not filed before these courts. (Rules of Court, Rule 49, Sec. 3 &
Rule 56, Sec. 2)

Exception: Before the Court of Appeals and the Supreme Court, oral arguments on motions are only set
for hearing when the court so directs. (Rules of Court, Rule 49, Sec. 3 & Rule 56, Sec. 2)

4. Form: Notice of Hearing

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 1, Makati 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 Friday, 17 March
2018 at 8:30 in the morning.

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(sgd.)
Atty. Harvey Specter
Counsel for Defendant

ATTY. MIKE ROSS

Counsel for the Plaintiff
1 Rockwell Drive
Makati City

Please take notice that counsel has requested to be heard on Friday, 17 March 2018 at 8:30 in the
morning.

(sgd.)
Atty. Harvey Specter
Counsel for Defendant
A&A Firm
Hidalgo Drive, Makati City

G. AFFIDAVITS AND EXPLANATION

1. Definition
It is a sworn statement in writing sworn before a notary or other officers entitled to administer oaths.
(Suare, Legal Forms)

2. Form: Basic Template for All Affidavits

[Note: This provided template is the standard for all forms of affidavits.]

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

AFFIDAVIT

I, [name], of legal age with address at [address], after being sworn in accordance with law, do hereby
depose and state that:

1. [Insert recital of facts attested to or affirmed in the affidavit. Note that these “facts” should be based on
the affiant’s personal knowledge.]

2. [ x x x ]

3. [ x x x ]

I have nothing further to say at this time.

IN WITNESS WHEREOF, I have affixed my signature on this [date] in the [place].

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[Name and Signature of Affiant]

[INSERT JURAT]

Memory Aid: (VenTPORSJ) (+ Notarial Certificate)

Venue
Title
Party/ies
Oath
Recitals (which must be based on personal knowledge)
Signature
Jurat

3. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

Contents (Sec. 3)
A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and shall contain the following:
1. The name, age, residence or business address, and occupation of the witness;
2. The name and address of the lawyer who conducts or supervises the examination of the witness and
the place where the examination is being held;
3. A statement that the witness is answering the questions asked of him, fully conscious that he does so
under oath, and that he may face criminal liability for false testimony or perjury;
4. Questions asked of the witness and his corresponding answers, consecutively numbered, that:
a. Show the circumstances under which the witness acquired the facts upon which he testifies;
b. Elicit from him those facts which are relevant to the issues that the case presents; and
c. Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court.
5. The signature of the witness over his printed name; and
6. A jurat with the signature of the notary public who administers the oath or an officer who is authorized
by law to administer the same.

Sworn attestation of the lawyer (Sec. 4)

The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted
or supervised the examination of the witness, to the effect that:
1. He faithfully recorded or caused to be recorded the questions he asked and the corresponding
answers that the witness gave; and
2. Neither he nor any other person then present or assisting him coached the witness regarding the
latter's answers.

4. Modes of Service; General Rules

Service is the act of providing a party with a copy of the pleading or paper concerned. (Rules of Court,
Rule 13, Sec. 2)

If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them,
unless service upon the party himself is ordered by the court. (Rules of Court, Rule 13, Sec. 2)

General Rule: Whenever practicable, the service and filing of pleadings and other papers shall be done
personally. (Rules of Court, Rule 13, Sec. 11)

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Exception: Parties may resort to other modes of service (i.e., service by registered mail or substituted
service); however, this must be accompanied by a written explanation why the service or filing was not
done personally. A violation of this Rule may be cause to consider the paper as not filed. (Rules of Court,
Rule 13, Sec. 11)

All modes of service require affidavits of the party serving. (Rules of Court, Rule 13, Sec. 13)

5. Proof Of Personal Service

Proof of personal service requires either the:
(a) Written admission of the party served; or
(b) Official return of the server; or
(c) Affidavit of the party serving, containing a full statement of the date, place and manner of service
(Rules of Court, Rule 13, Sec. 13)

6. Form: Proof of Personal Service with Affidavit

[INCLUDE BELOW PLEADING]

Copy furnished through personal service:

Atty. Juan Dela Cruz

Counsel for the Defendant
Dela Cruz & Associates
Quezon Ave., Quezon City

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

AFFIDAVIT OF SERVICE

I, PEDRO TORRES, Filipino, of legal age, a messenger of Atty. Mark Gutierrez, with office address at 77
West Street, Makati City, after being duly sworn, do hereby depose and state:

th
That on the 26 of February, 2017, I served a copy of the following pleadings/papers in accordance with
Section 10, Rule 13 of the Rules of Court:

Motion to Dismiss
_________________
_________________
In Case No. 2435 entitled Go v. Go, upon Atty. Juan Dela Cruz at 34 West Street, Quezon Avenue,
Quezon City, counsel for the Defendant in the aforementioned case.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 27th of February, 2017, in the
City of Makati, Philippines.

(Sgd.) PEDRO TORRES

Affiant

[INSERT JURAT]

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7. Service by Registered Mail and Accompanying Explanation

If service is made by registered mail, there must be proof of service through an affidavit and the registry
receipt issued by the mailing office. (Rules of Court, Rule 13, Sec. 13)

8. Form: Proof of Service by Registered Mail with Accompanying Explanation and Affidavit

[INCLUDE BELOW PLEADING]

Copy furnished through registered mail:

Atty. Juan Dela Cruz
Counsel for the Defendant
Dela Cruz & Associates
Quezon Ave., Quezon City

Registry Receipt No.: 232

Post Office: Taguig City
Date: 26 February 2017

EXPLANATION

The Foregoing Motion to Dismiss and its attachment was served on Atty. Juan Dela Cruz by registered
mail instead of personal service as counsel for petitioner only one messenger and personal service
would have resulted in the motion not being filed on time to the detriment of petitioner.

(Sgd.)
MARK GUTIERREZ

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

AFFIDAVIT OF SERVICE

I, PEDRO TORRES, Filipino, of legal age, a messenger of Atty. Mark Gutierrez, with office address at
77 West Street, Makati City, after being duly sworn, do hereby depose and state:

th
That on the 26 of February, 2017, I served a copy of the following pleadings/papers by registered mail
in accordance with Section 10, Rule 13 of the Rules of Court:

Motion to Dismiss
_________________
_________________
In Case No. 2435 entitled Go v. Go, by depositing a copy in the post office in a sealed envelope, plainly
addressed to Atty. Juan Dela Cruz at 34 West Street, Quezon Avenue, Quezon City, with postage fully
paid, as evidenced by Registry Receipt No. 232 attached and with instructions to the post master to
return the mail to sender after 10 days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 27th of February, 2017, in the
City of Makati, Philippines.

(Sgd.) PEDRO TORRES

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Affiant

[INSERT JURAT]

9. Orders of Attachment
An order of attachment is granted only when an affidavit of the applicant or a person who sufficiently
knows the facts states that:
1. A sufficient cause of action exists;
2. That the case is one of those mentioned in Sec. 1 of Rule 57;
3. That there is no other sufficient security for the claim sought to be enforced by the action; and
4. The amount due to the applicant is as much as the sum for which the order is granted above all legal
counterclaims. (Rules of Court, Rule 57, Sec. 3)

10. Form: Affidavit of Preliminary Attachment

[INCLUDE BELOW PLEADING]

AFFIDAVIT

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

I, Harry Potter, Filipino, of legal age, single/married, and residing at 234 Hogwarts Road, Makati City,
after being sworn in accordance with law, depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That a sufficient cause of action exists against the defendant named therein;
3. That this action is one of those specifically mentioned in Sec. 1 of Rule 57 of the Rules of Court,
whereby a writ of preliminary attachment may lawfully issue, namely: [state the nature of the suit
which should be one of the six causes of action mentioned in Rule 57, Sec. 1];
4. That there is no sufficient security for the claim sought to be enforced by the present action;
5. That the amount due to the plaintiff in the above-entitled case is as much as the sum for which an
order of attachment is herein sought to be granted, above all legal counterclaims on the part of the
defendant.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 27th of February, 2017, in the
City of Makati, Philippines.

(Sgd.)
Harry Potter

[INSERT JURAT]

7. Self-Adjudication By A Sole Heir

If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed in
the office of the register of deeds. (Rules of Court, Rule 74, Sec. 1)

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8. Form: Affidavit of Adjudication by Sole Heir of Estate of Deceased Person

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

AFFIDAVIT

I, Ginny Weasley, of legal age, single, and now residing at Makati City, Philippines, after having been
sworn in accordance with law, depose and say:
1. That I am the only surviving daughter of Arthur Weasley who died intestate in the city of Makati,
Philippines on 27 February 2018, as evidenced by Death Certificate issued by the Makati Medical
Center, hereto attached as Annex “A” and made an integral part of this Affidavit;
2. That said deceased left an estate consisting of a parcel of land measuring 1,000 sq. m. located in
the City of Makati, and evidenced by Transfer of Title No. 12422 of the Registry of Deeds of Makati;
3. That the said parcel of land is more particularly described as follows: [Insert technical description of
the property]
4. That said deceased left no debts;
5. That pursuant Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto myself the above
described real estate by means of this affidavit and hereby file the same with the Registry of Deeds
of Makati with the request that said adjudication be made effective without judicial proceedings as
prescribed by the aforementioned Rules of Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of April, 2018, in Makati,
Philippines.

(Sgd.)
Ginny Weasley

[INSERT JURAT]

9. Form: Affidavit of Loss

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

AFFIDAVIT OF LOSS

I, Neville Longbottom, of legal age, single and residing at 235 Privet Drive, Makati City, after having
been duly sworn to according to law hereby depose and state:

1. That I am the owner of a Nokia cellphone model 3310 with unit number 0917-5555555 under
account number 22222;
2. That on the 30th of October, 2018 with a number of books and packages I was carrying while getting
out of my car, my said cellphone must have slipped from my pocket because after I reached my
office, I hurriedly tried to get my said cellphone from my pocket but I was a little bit shocked as it was
not there anymore;
3. That despite diligent search inside my car and the stairs and elevator used going up my office, my
said cellphone was nowhere to be found;
4. That I am executing this affidavit in order to attest to the truth of the foregoing circumstances and for

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the purpose of reporting the loss to the Globe business center.

IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of October, 2018 at the City of
Manila.

(Sgd.)
Neville Longbottom

[INSERT JURAT]

10. Complaint-Affidavit
To initiate a preliminary investigation, the offended party must file a complaint with the proper officers,
such as the provincial or city prosecutor. The complaint must:
1. State the address of the respondent;
2. Be accompanied by the afidavits of the complainant and his witnesses;
3. Be accompanied other supporting documents showing probable cause. (Rules of Court, Rule 112,
Sec. 3 (a))

The affidavits must be:

1. Subscribed and sworn to before:
a. Any prosecutor or government official authorized to administer oath; or
b. In their absence or unavailability, a notary public;
2. The above officer or notary public must certify that he personally examined the affiants and that he is
satisfied that they voluntarily executed and understood their affidavits. (Rules of Court, Rule 112, Sec.
3 (b))

11. Form: Complaint-Affidavit

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

COMPLAINT-AFFIDAVIT

I, DAISY DUKE, of legal age, Filipino, with assistance of counsel, and a resident of 5 Dusseldorf Street,
Salcedo Village, Makati, do hereby state under oath that:

1. I am a member of the Salcedo Village Homeowner’s Association (“Association”) and was formerly a
Director and Corporate Secretary of the Association.
2. I accuse and hereby charge MR. SUNGIT BUNGI, residing at 7 Dusseldorf Street, Salcedo Village,
Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed
against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during
the Board Meeting of the Association on 1 January 2018. This is attested to by the following exchange
that transpired between Mr. Bungi and the other members of the Board in attendance:

(Quote Exchange)

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Attached as “ANNEX A” is a copy of the official transcript of the meeting.

3. Though prior resort to the barangay conciliation system was taken, there was no reconciliation that
occurred, as Mr. Bungi did not retract his remarks. Consequently, a “Certification to File Action” was
issued by the Barangay Chairperson, a copy of which is attached as “ANNEX B."

4. There is no other person named “SUNGIT BUNGI” residing at Salcedo Village nor is there any other
person named “DAISY DUKE” who has acted as Board Member of the Association. Consequently, Mr.
Bungi’s public and defamatory utterance was clearly a reference to me and to no other.
5. Mr. Bungi’s remarks, calling me a swindler and prostitute twice over, uttered in a public meeting in
front of the other members and officers of the Association, are clearly insulting and defamatory as they
malign me and attribute to me criminal acts. Also, Mr. Bungi’s use of the words “swindled” and
“prostitute” was deliberate as his explanation and clarification a few utterances thereafter would show.
Mr. Bungi’s remarks are also very serious as they cast aspersions on my reputation, character and very
person before my peers and fellow homeowners.
6. Mr. Sungit Bungi’s remarks have injured my name, reputation and character before my neighbors and
peers. While my name, reputation and character are incapable of pecuniary estimation as these are the
result of a lifetime’s effort to build a name, reputation and character that my children and their children
can be proud to bear, Mr. Bungi cannot be allowed to continue on in life without bearing the
consequences of his acts. For this reason, I am also holding Mr. Bungi liable civilly for defaming me in
the amount of P1,000,000.00 in nominal damages, P500,000.00 in moral damages and P500,000.00 in
exemplary damages.

TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 January 2017.

(Sgd.)
DAISY DUKE
Complainant-Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 13th day of January 2017.

(Sgd.)
Investigating Prosecutor

----end of topic----

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