Legal Contracts and Notarial Procedures in the Philippines, Study notes of Law

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Legal Forms

Demand Letter

A demand letter is a formal document sent by one party to another

to resolve a dispute. The letter requests some form of restitution to

the aggrieved party and is often preceded by amicable attempts to

remind a recipient of the obligation. The letter normally gives the

recipient a period to act on the request. After the expiration of the

time, the requesting party may take the appropriate legal action

warranted by the circumstances.

Contracts

The Civil Code defines a contract as “a meeting of minds between

two persons whereby one binds himself, with respect to the other,

to give something or to render some service.” A valid contract

consists of three elements: consent, object, and consideration.

Forms -

Deed of Sale of Real Property

Deed of Sale of Personal Property

Contract of Lease

Contracts

1. Deed of Sale of Real Property

First Paragraph – State the personal details of the Seller and Buyer to show MUTUAL

CONSENT.

Second Paragraph – Describe the property as the OBJECT of the contract using the title and the

technical description.

Third Paragraph – State the amount to be paid by the Buyer to show the CONSIDERATION.

State the manner of payment – in cash or in installment. Provide the period of payment.

State the manner of payment, whether in cash or within a specified period like 60 days, three

months, or one year.

Fourth Paragraph – State the obligations of the Seller and the Buyer as to the liability of

payment of the taxes due on the transaction and other related expenses.

Fifth Paragraph – Warranties of the Seller – The property is unencumbered and there was no

prior sale involving the same property. There are no present occupants on the property, etc.

Place and Date of Execution

Signatures of Seller and Buyer and the witnesses

Acknowledgment of the Notary Public

Notarial details

Contracts

3. Lease Contract

First Paragraph – State the personal details of the Unit Owner and the Tenant to show

MUTUAL CONSENT.

Second Paragraph – Describe the condominium unit as the OBJECT of the contract

using the Condominium Certificate of Title.

Third Paragraph – State the amount of the monthly to be paid by the Tenant to show

the CONSIDERATION.

The period of the lease period must likewise be indicated.

Fourth Paragraph – State the obligations of the Unit Owner and the Tenant as to the

settlement of utilities (MERALCO, Maynilad/Manila Water Co., PLDT, Skycable, etc.)

as well the payment of association dues, cost of maintenance and repairs, etc.

Fifth Paragraph – Warranties of the Unit Owner such as the unit is not covered by a

Deed of Sale prior to the execution of the contract and that there are no occupants

thereat.

Place and Date of Execution

Signatures of Seller and Buyer and the witnesses

Acknowledgment of the Notary Public

Notarial details

Notarial Certificates

1. Jurat - A jurat is a type of notarization that requires the

affiant (the person executing the notarial deed) to swear or

affirm that the contents of a document are true.

2. Acknowledgment - An acknowledgment in a notarial deed is

a process where the affiants appear before a notary public and

declare that they have willingly signed a document for its

intended purpose. They assure the notary public that they all

signed the deed free from duress or any kind of act that vitiate

their consent.

Notarial Certificates - Acknowledgment

Republic of the Philippines)

Quezon City, Metro Manila ) S.S.

BEFORE ME , a Notary Public, for and in Quezon City, this 22nd^ day of August 2023 personally

appeared:

Name Proof of Identity Place /Date of Issue

ABC Passport No. 777 Manila/January 5, 2023

XYZ Driver’s License No.007 Manila/ February 1, 2023

all known to me to be the same persons who executed the foregoing instrument consisting of two

pages, including this page on which this acknowledgment is written, and who acknowledged to me

that the same is their free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL.

LMN

LMN

Notary Public

Doc. No. ____

Page No. ____

Book No. ____

Series of 2023

Special Power of Attorney

A Special Power of Attorney is a legal document outlining the

scope of authority given to an agent, known as “an attorney-in-

fact,” by the principal. Under the Special Power of Attorney, an

agent is given the power to act on behalf of the principal to

make specific decisions on behalf of the principal.

Special Power of Attorney

Conforme: XYZ Attorney-in-fact

SIGNED IN THE PRESENCE OF: DEF RST ACKNOWLEDGMENT Republic of the Philippines) Quezon City, Metro Manila ) S.S. BEFORE ME , a Notary Public, for and in Quezon City, this 22nd^ day of August 2023 personally appeared: Name Proof of Identity Place/ Date of Issue ABC Passport No. 777 Manila/January 5, 2023 XYZ Driver’s License No.007 Manila/ February 1, 2023 all known to me to be the same persons who executed the foregoing instrument consisting of two pages, including this page on which this acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL. LMN LMN Notary Public Doc. No. ____ Page No. ____ Book No. ____ Series of 2023

Court-related Documents - Verification and Certificate of Non-forum Shopping Verification is a statement of truthfulness made under oath by the petitioner/ complainant as to the allegations in a pleading. The petitioner/complainant likewise assures the court of the authenticity of the documents upon which the allegations are made. A certification of non-forum shopping is a certification under oath by the plaintiff or principal party 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.

Court-related Documents - Verification and Certificate of Non-forum Shopping

SUBSCRIBED AND SWORN TO before me this 22

nd

day of August 2023 in Manila

with Driver’s License No. 12345 valid until 10 October 2026 and I hereby certify

that I personally examined the affiant herein and that I am fully satisfied that she

voluntarily executed the foregoing petition and she understood all the allegations

herein.

VER

VER

Notary Public

Page No. ;

Doc. No. ;

Book No. ;

Series of 2023

Court-related Documents - Judicial Affidavit

A Judicial Affidavit is a written statement of a witness or a party in lieu of direct

testimony during a trial. It is a document that contains the witness’s personal

information, such as name, age, residence or business address, and occupation, as

well as the facts that the witness intends to testify on.

Lawyer’s attestation -

(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.

A false attestation shall subject the lawyer mentioned to disciplinary action,

including disbarment.

Court-related Documents – Motion to Dismiss

Rule 15 , Sec. 12 of the Revised Rules states that a motion to dismiss is a prohibited pleading except when it raises any of the following grounds: ( 1 ) the court’s lack of jurisdiction over the subject matter of the claim; ( 2 ) the pendency of another action between the same parties for the same cause; and ( 3 ) the cause of action is barred by a prior judgment or by the statute of limitations (Rule 15 , Sec. 12 [a]). The adverse party may file an opposition to the motion to dismiss within five ( 5 ) calendar days from receipt thereof without need for an order from the court. The motion to dismiss shall then be resolved by the court within fifteen ( 15 ) calendar days from its receipt of the opposition, or upon expiration of the period to file such opposition (Rule 15 , Sec. 5 [c]). It is within the discretion of the court whether to call for a hearing on the motion within fifteen ( 15 ) calendar days from filing (Rule 15 , Sec. 6 ).

Court-related Documents – Motion to Declare in Default

Default (Rule 9, Section 3) - If the defending party fails to answer within

the time allowed therefore, the court shall, upon motion of the claiming

party with notice to the defending party, and proof of such failure, declare

the defending party in default. Thereupon, the court shall proceed to

render judgment granting the claimant such relief as his pleading may

warrant unless the court in its discretion requires the claimant to submit

evidence. Such reception of evidence may be delegated to the clerk of

court.

Another ground to declare a defending party in default is when he fails to

furnish a copy of the answer to the claiming party.