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Legal Forms

(1) The document outlines the requirements for negotiable instruments to be considered valid, including being in writing, containing an unconditional promise to pay a sum certain, being payable on a determinable date, and being payable to order or to bearer. (2) It then provides examples of different types of negotiable instruments - a promissory note, bill of exchange, and check - including their standard elements and format. (3) Finally, it discusses elements of common legal documents like contracts, deeds, leases, mortgages, and chattel mortgages, outlining their typical parts and operative language.

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Ching Ching
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0% found this document useful (0 votes)
252 views47 pages

Legal Forms

(1) The document outlines the requirements for negotiable instruments to be considered valid, including being in writing, containing an unconditional promise to pay a sum certain, being payable on a determinable date, and being payable to order or to bearer. (2) It then provides examples of different types of negotiable instruments - a promissory note, bill of exchange, and check - including their standard elements and format. (3) Finally, it discusses elements of common legal documents like contracts, deeds, leases, mortgages, and chattel mortgages, outlining their typical parts and operative language.

Uploaded by

Ching Ching
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd

NEGOTIABLE INSTRUMENTS FORM (1) must be in writing and signed by the maker or drawer (2) must contain an unconditional

promise to pay a sum certain in money (3) must be payable on demand, or at a fix or determinable future time (4) must be payable to order or to bearer (5) when the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.

PROMISSORY NOTE
(Date) P_____________ ____________________, Philippines ________ months (or days) after date, I promise to pay, for value received, to _____________________ or order the sum of _______________________PESOS, with interest at ______percent per annum after maturity until paid. The makers and indorsers severally waive presentment for payment, protest, and notice of non-payment of this note. _____________________ Maker

BILLS OF EXCHANGE Manila, May ______, 2000 For value received, pay to _________________________ or order the sum of ___________________(P__________) PESOS, Philippine Currency, and charge the same to the account of. (Signature of Drawer) TO: (Name of Drawee) Address

CHECK No. __________________ PHILIPPINE NATIONAL BANK Manila, Philippines Manila, Philippines ____________, 2001 PAY to ______________________________ or order/bearer PESOS ______________________________ _____________________ (Signature) P __________________________ (Philippine Currency)

CONTRACTS/CONVEYANCES
Contract: meeting of the minds between two persons whereby one binds himself, with respect to another, to give something or to render some service. Requisites:

(1) consent; (2) object and (3) consideration


Conveyances: refer to anything by which any estate or interest in a estate is created, alienated, mortgaged or assigned

DEED a person disposes of his property or right in favor of another.

PARTS OF A TYPICAL DEED


> > > > > > > > > Venue Title Announcement Party 1 Consideration Act or conveyance Part 2 Signature Acknowledgment

NOTE:

If the deed/ contract is unilateral i.e., when the vendee assumes no obligation, there is no need for the vendee to sign the contract/ deed nor the acknowledgment; however, if vendee is obliged to perform something, he must sign both the deed and the acknowledgment

OPERATIVE WORDS IN DEEDS


SALE ASSIGNMENT EXCHANGE DONATION POWER OF ATTORNEY - sell, transfer and convey - assign, transfer and convey - cede, transfer and convey - for and inconsideration of love and affection - name, constitute and appoint; hereby giving and granting

Republic of the Philippines) Tacloban City) S.s DEED OF SALE KNOW ALL MEN BY THESE PRESENTS: I, (Full name of vendor), filipino citizen, single/married to ___________________, of legal age with residence and post-office address at _______________________; For and in consideration of the sum of __________________ PESOS (P_______), Philippine currency, to in hand paid by (Full name of vendee) filipino citizen, of legal age, with residence and post office address at ______________, Do hereby SELL, TRANSFER, AND CONVEY, absolutely and unconditionally, unto the said __________________ his/her heirs and assigns, that certain parcel (or parcels of lands, together with the buildings and improvements thereon), situated in (city or municipality, and province), and more particularly described as follows, to wit: (Description of property)

of which I am the registered owner in fee simple in accordance with the Land Registration Act, my title thereto being evidenced by Transfer (or Original) Certificate of Title No. ________, issued by the Register of Deeds of ___________. It is hereby mutually agreed that the vendee shall bear all the expenses for the execution and registration of this deed of sale. IN WITNESSS WHEREOF, I have hereunto signed this deed of sale, this _______day of _________, 20______ at (city or municipality), Philippines. _____________________ (Vendor) _________________ (Vendee)

With my marital consent (if married): ________________ (Vendors wife) SIGNED IN THE PRESENCE OF: _______________________________________________________ (Witness) (Witness) ACKNOWLEDGMENT

DEED OF SALE UNDER PACTO DE RETRO


(same format) That the VENDOR, a retro, in executing this conveyance, hereby reserves the right to REPURCHASE and the VENDEE, in accepting the same, hereby obligates himself to RESELL, the property herein conveyed within the period of _______ years from and after the date of this instrument, for the same price of ________________________ PESOS (P________), Philippine currency; Provided, however, that if the VENDOR shall fail to exercise his 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.

PARTS OF A TYPICAL LEASE:


> > > > > > > > > Venue Title Announcement Personal circumstances of the lessor and lessee Ownership of property Agreement to lease Conditions Signature Joint Acknowledgment

LEASE OF REAL PROPERTY (1) This agreement entered into by and between (state the parties: lessor and lessee) (2) In consideration of the rent and other covenants hereinafter set forth, the LESSOR hereby leases to the LESSEE that the residential house located at ____________ belonging to the LESSOR and covered by TCT No. _____. (3) The term of this lease shall be for a period of _________. (4) Rent shall be paid at the rate of P______ per month within the first five (5) days of each month. (5) Major and minor repairs shall be for the account of the LESSOR. (6) Taxes and assessments shall be for the account of the LESSOR, while expenses for lights, water and other utilities shall be for the account of the LESSEE. IN WITNESS WHEREOF.. Sgd. Lessor Sgd. Lessee ACKNOWLEDGMENT

LEASE OF PERSONAL PROPERTY


KNOW ALL MEN BY THESE PRESENTS:

That A, of legal age, married and residing in the City of Manila, Philippines, hereby agrees to lease his Honda Civic car model 1999 with Plate No._______, Motor No. _________and Chassisl No._______ to B, of legal age, married and residing in the City of Manila, who hereby accepts to lease above described motor vehicle, subject to the following terms and conditions : (State terms and conditions)
IN WITNESS WHEREOF Sgd. Lessor Sgd. Lessee

ACKNOWLEDGMENT

REAL ESTATE MORTGAGE:


> Venue > Title > Announcement > Mortgagor > Amount of Loan > Mortgagee > Conveyance of Real Property with Technical Description > Discharge of mortgage > Signature > Joint Acknowledgment

Republic of the Philippines) Tacloban City) S.s

REAL ESTATE MORTGAGE


KNOW ALL MEN BY THESE PRESENTS:
I, (full name of mortgagor), Filipino citizen, of legal age, married to ___________________, and with residence and post-office address at ___________________, for and in consideration of a loan in the sum of ___________________ PESOS (P____________), Philippine currency, to me in hand paid by (full name of the mortgagee), Filipino, of legal age, single/married to ___________________, and with residence and post-office address at ___________________, do hereby convey, by way of MORTGAGE unto the said (full name of the mortgagee), his/her heirs and assigns, that certain parcel of land, together with all the buildings and improvements thereon, situated in ____________________, particularly described as follows: (Description of property)

of which real property I am the registered owner evidenced by Original/Transfer Certificate of Title No._________ of the Land Registry of _____________: PROVIDED, HOWEVER, that if I the said (full name of mortgagor) shall pay or cause to be paid to said (Full name of mortgagee), his heirs or assigns, the said sum of _________________ PESOS (P____________), within the period of ______________ (____) years from and after the execution of this MORTGAGE together with the interest thereon at the rate of _________ per centum (____%) per annum, this MORTGAGE shall be discharged and 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 hands this _____ day of ______________, 20____, in _______________, Philippines. Sgd. Motgagor Sgd. Mortgagee

________________ With my marital consent (if married:) ____________________ (Wife of Mortgagor) SIGNED IN THE PRESENCE OF: ACKNOWLEDGMENT

CHATTEL MORTGAGE:
> Venue > Title > Announcement > Mortgagor > Mortgagee > Conveyance of mortgage with technical description > Fact that the property was given as a security for a loan or a copy of the PN > Discharge of mortgage > Signature > Joint Acknowledgment > Affidavit of Good Faith

CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: This CHATTEL MORTGAGE, made and executed by (Full name of mortgagor), Filipino, of legal age, single (or married to mortgagor), with residence and post-office address at ___________________ hereinafter called the MORTGAGOR, in favor of (full name of mortgagee), Filipino, of legal age, single (or married to ______________), with residence and post-office address at ________________ hereinafter called the MORTGAGEE, witnesseth: That the MORTGAGOR does hereby convey by way of chattel mortgage unto the MORTGAGEE, the following described personal property, situated and ordinarily presently in the possession of the said MORTGAGOR, to wit: (specify and describe the article or articles mortgaged).

That this CHATTEL MORTAGE is given as security for the payment of the MORTGAGEE, of a certain promissory note, dated _____________ for the sum of ______________ PESOS (P________) with interest thereon at the rate of ___________ per centum (_____%) per annum, according to the terms thereof.
(copy of the promissory note) That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the full obligation above stated according to the terms thereof, this CHATTEL MORTGAGE shall be null and void, otherwise, it shall remain in full force and effect and shall be enforceable in the manner provided by law. IN WITNESS WHEREOF, I have hereunto set my hands this _____ day of ______________, 20____, in _______________, Philippines. Sgd. Motgagor SIGNED IN THE PRESENCE OF: Sgd. Mortgagee

ACKNOWLEDGMENT

AFFIDAVIT OF GOOD FAITH


We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other purpose, and that the same is a just and valid obligation, and one not entered into for the purposes of fraud. (Mortgagor) (Mortgagee)

JURAT

SPECIAL POWER OF ATTORNEY

> > > > > > >

Venue Title Personal Circumstances Appointment (operative words) Power Granting authority (operative words) Joint Acknowledgment

SPECIAL POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENTS: I, _________________________, of legal age, single (or married to _________________), resident of ____________________, do hereby name, constitute and appoint __________________, of legal age, single or married), resident of _______________, to be my true and lawful attorney, for me and in my name, place and stead within the period of_____ months (or years), to SELL, TRANSFER and CONVEY, for the price not less than ____________________PESOS (P___________), Philippine Currency, to whosoever may purchase or buy my Honda CRV car with plate No._____________, Motor No._________, and Chasis No._________________, of which I am the absolute owner, free from all liens and encumbrances; and

HEREBY GIVING AND GRANTING unto my said attorney full powers 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 or revocation , and hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof . IN WITNESS WHEREOF, I have se my hand this________ day of _____________________, 2001, in_____________________, Philippines. ____________________ Signed in the presence of: ____________________ ____________________ ACKNOWLEDGMENT Principal

WILLS
Will is an act whereby a person is permitted with the formalities prescribed by law to control to a certain degree, the disposition of his estate, to take effect after his death. HOLOGRAPHIC WILL

- Should be entirely written, dated and signed by the hand of the testator; - Need not be acknowledged or subscribed before a notary public - For purposes of PROBATE, the holographic will must be witnessed by at least 3 witnesses.

NOTARIAL WILL
- In writing - In a language or dialect known to the testator - Subscribed at the end by the testator - Attested and subscribed by a least three (3) instrumental witnesses - Testator and witnesses must sign each and every page thereof except the last page on the left margin -Pages should be numbered correlatively in letters on the upper part of each page - Attestation clause Acknowledgment

HOLOGRAPHIC WILL
(NOTE: This should be handwritten) 2000

15, May

I, ____________________, of _____________________ being of sound mind and disposing mind, do hereby declare this to be my last will and testament which I have written in my own handwriting in English, a language known to me, and I hereby declare that all my properties shall upon my death be distributed to my wife __________________ and to my only child ____________________ share and share alike. Juan Dela Cruz

LAST WILL AND TESTAMENT Of __________________________ (Name of Testator) KNOW ALL MEN BY THESE PRESENTS:

I, _____________________, of legal age, single (or married to_____________), a native of 20___; now actually residing at ____________________, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, do by these presents 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:

The following are my children: (Names) with their address

I give and bequeath to my children _____________, ________________, And ________________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located: (Description) I designate ________________ the sole executor of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ___________________, 2001, in ______________, Philippines. (Signature of Testator)

C
ATTESTATION CLAUSE We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the testator, ___________________, has published unto us the foregoing will consisting of _______ pages numbered correlatively in letters on the upper part of each page, as his/her Last Will and Testament and has signed the same and every page thereof, on the margin, in our joint presence and we, in turn, at his/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 and all of us. (Signature of at least three witnesses) Witness 1 Witness 2 Witness 3 Residence Residence Residence

JOINT ACKNOWLEDGMENT (follow the usual format)

This Will consists of ______ pages, including the page in which this acknowledgment is written, and has been signed on the left margin of each and every page thereof by the testator and his witnesses, and sealed with my notarial seal.

DONATIONS
- an act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another, who accepts it. > > > > > > > > > > Venue Title Personal Circumstances Ownership and description Conveyance of property Acceptance Right to control Signatures Attestation clause Joint Acknowledgment

NOTE:
In case of donation mortis causa, an attestation clause is included and is signed by 3 witnesses. State that the donation shall become effective upon the death upon the death of the donor, but in the effect that the donee should die before the donor, the present donation shall be deemed rescinded and of no further force and effect. In case of donation inter vivos, only 2 witnesses are needed to sign.

DONATION INTER VIVOS/MORTIS CAUSA


KNOW ALL MEN BY THESE PRESENTS:

This Deed of Donation made and executed in the _____________, Philippines, by ____________, of legal age, single/married to ____________ , Filipino citizen and with residence and postal address at _________________, hereinafter called the DONOR. favor of_______________________,of legal age, single/married to _______________, Filipino citizen and with residence and postal address at _______________, hereinafter called the DONEE.

WITNESSETH:
That the Donor is the absolute owner of that 1 certain real property situated at ____________ and more particularly described as follows: (description of the property) That, for and in consideration of the love and affection of the Donor for the Donee (and for the faithful services the latter has rendered in the past to the former), the said Donor by these presents hereby cedes, transfers, and conveys, by way of donation, unto said Donee the real property above described, together with all the buildings and improvements existing thereon, free and clear of all liens and encumbrances.

ACCEPTANCE
That the Donee does hereby accepts the foregoing donation of the above-mentioned described property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberty shown by the Donor.

Sgd. Donor

Sgd. Donee

Attestation clause Joint Acknowledgment

PETITIONS
Petition for Writ of Habeas Corpus

Habeas corpus is a Latin phrase which literally means you have the body. Basically, it is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf.

The writ of habeas corpus generally extends to all cases of illegal confinement or detention by which a person is deprived of liberty, or the rightful custody of a person is withheld from the person entitled thereto. The writ may be issued by the Supreme Court or by the Court of Appeals or any member thereof, enforceable anywhere in the Philippines. It may also be issued by the Regional Trial Cout (RTC) or any judge thereof, enforceable only within the judicial district.

If the detention is by an officer, the writ shall be directed to him, commanding him to bring the body of the person restrained of liberty before the court at the time and place specified. If the detention is by a person other than an officer, then the writ shall be directed to an officer commanding him to the same effect and to summon the person restraining. The respondent will be asked to explain the cause of the detention. When the prisoner is unlawfully restrained, the court or judge shall order his discharge which shall not be effective until a copy of the order is served on the officer or person detaining the prisoner. If such officer or person does not desire to appeal, the prisoner shall be forthwith released.

CAPTION
PETITIONCOMES NOWthe Petitioner, by the undersigned attorn ey, and unto this Honorable Court, respectfully avers:

[Link] petitioner is of legal age, married and a resident of, Philippines, while respondent is also of legal age and may be served with summons, writs and all orders of the Honorable Court at his office address at________, Philippines; [Link] the petitioner _____________ , in whose behalf this application is being made, is actually restrained of his liberty by the respondent_____________ who is the Chief of Police of _____________ at the_____________ Police Station; [Link] sometime in the morning of _____________ , petitioner was taken into custody by the said respondent without a warrant of arrest and detained at the _____________ Police Station without any criminal charges being filed against him before the proper judicial authorities despite the lapse of ________ .Moreover, petitioner was taken by the responde nt not under any of the circumstances where a warrantless arrest is allowed by the law or the Rules of Court.

[Link] such restraint of liberty of the petitioner by the respondent is therefore without any legal authority; [Link] the petitioner through counsel has exhausted all efforts available at law but to no avail, and that he has no other plain, speedy, and adequate remedyto protect his personal rights and secure his personal liberty except by his application for a Writ of Habeas Corpus.

PRAYER WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus be issued by this Honorable Court, directed t o the respondent_____________ commanding the latter to produce the body of _____________ before this Court at thetime and place therein specified, and to summon the respondent _____________ then andthere to appear and to show cause of the detention of said_____________ ; and that after due proceedings, the said _____________ be r estored of his liberty and forthwith discharged from confinement. _____________ , Philippines, __Date__ .
Signature of Counsel Verification Certification of Non-forum shopping

PETITION FOR INJUNCTION


(NOTE: Must allege acts that should be enjoined and the basis for petitioners claim why they should be enjoined.) THAT the continuance of the acts aforementioned during the present litigation will not only cause great and irreparable injury but will also work injustice to the plaintiff.

(Caption and Title)


PETITION FOR INJUNCTION Plaintiff, through counsel alleges: 1. (Averment of names and residences, capacity to sue and be sued) 2. (State in logical order the facts of plaintiffs complaint stating the grounds for the issuance of preliminary injunction) PRAYER Attorney for Plaintiff

VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING (NOTE: The form for Affidavit in support of Injunction) JURAT

ESSENTIAL PARTS OF AN INFORMATION

Caption Heading Opening sentence Body alleging acts or omissions constituting a crime Contrary to law Certification of Preliminary Investigation Jurat List of Witnesses Bail Recommended

ABDUCTION WITH CONSENT


INFORMATION The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended party, accuses ______________ of the crime of Abduction with Consent, committed as follows: That on or about ______________ in the Municipality of ____________, province of _____________, Philippines, within the jurisdiction of this court, the said accused willfully, unlawfully, and feloniously removed, took and carried away _________, a virgin over twelve and under eighteen years of age, from her dwelling with her consent and with lewd designs. Contrary to law: ____, ___________,2000 ________________ Approval of the Chief Prosecutor CERTIFICATION JURAT

(Caption and Title)


PETITION FOR BAIL COMES NOW the accused in the above-titled case by his undersigned attorney and respectfully states: (1)That the accused is in the custody for the alleged commission of a capital offense; (2)That no bail has been recommended for his temporary release, on the assumption that the evidence of guilt is strong; (3)That the burden of showing that evidence of guilt is strong is on the prosecution, and unless this fact is satisfactorily shown, the defendant may be bailed at the courts discretion. WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant be admitted to bail in such amount as this Honorable Court may fix. _____, _______________, 2000. _______________________ (Attorney for the Accused) _______________________ (Address) (With Notice of Hearing and Proof of Service)

(Caption and Title)


NOTICE OF APPEAL

COMES NOW the defendant (or plaintiff as the case maybe) by the undersigned attorney, and hereby files notice of appeal from the judgment of this Honorable Court in the above-entitled case, dated ____________ a copy of which was received by him on _______________, and appeals the same to the Court of Appeals. _____, _______________, 2000. _______________________ (Attorney for the defendant) _______________________ (Address)

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