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affidavits

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  • Commencement of a contract

    Usually starts with This agreement or An agreement or Articles of Agreement

    But it is better to specify, i.e. This Mortgage or This Contract of Sale

  • Personal circumstances of

    parties

    Full name

    Capacities

    Civil Status

    Residence

  • Take note ---- the logical order in which parties

    are to be named in the document must be

    observed.

    Example:

    In a Deed of Conveyance name of the seller, mortgagor, or grantor must be first

    stated.

    Employment Contract name of the employer usually comes first

  • Principal or Operational clauses

    State in separate, numbered paragraphs

    WHY? To facilitate ready reference

  • Specific or technical terms which have special meanings should be defined,

    Names of parties should be repeated the use of pronouns might give rise to ambiguity

    Keep the document neat must be free from erasures, suspicions of alteration

    Place and date of execution usually at the last part of the legal document.

  • Recognizing that the judiciary uses excessive quantities of costly paper (for the purpose of saving trees, conserving precious water and helping mother earth), the Supreme Court issued the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC). This Rule, which took effect on 1 January 2013, prescribes the format of pleadings, motions and documents filed in courts.

  • a) All pleadings, motions and similar papers intended for the court and quasi-judicial bodys consideration and action (court-bound papers) shall written in single space with one-and-a half space between paragraphs, using an easily readable font style of the partys choice, of 14-size font, and on a 13 inch by 8.5- inch white bond paper; and

    b) All decisions, resolutions and orders issued by courts and quasi-judicial bodies under the administrative supervision of the Supreme Court shall comply with these requirements. Similarly covered are the reports submitted to the courts and transcripts of stenographic notes.

  • The parties shall maintain the following

    margins on all court-bound papers: a left

    hand margin of 1.5 inches from the

    edge; an upper margin of 1.2 inches

    from the edge; a right hand margin of

    1.0 inch from the edge; and a lower

    margin of 1.0 inch from the edge.

    Every page must be consecutively

    numbered.

  • Unless otherwise directed by the court, the number of court- bound

    papers that a party is required or desires to file shall be as follows:

    a. In the Supreme Court, one original (properly marked) and four

    copies, unless the case is referred to the Court En Banc, in which

    event, the parties shall file ten additional copies. For the En Banc, the

    parties need to submit only two sets of annexes, one attached to the

    original and an extra copy. For the Division, the parties need to submit

    also two sets of annexes, one attached to the original and an extra

    copy. All members of the Court shall share the extra copies of

    annexes in the interest of economy of paper.

    Parties to cases before the Supreme Court are further required, on

    voluntary basis for the first six months following the effectivity of this

    Rule and compulsorily afterwards unless the period is extended, to

    submit, simultaneously with their court-bound papers, soft copies of

    the same and their annexes (the latter in PDF format) either by email

    to the Courts e-mail address or by compact disc (CD). This requirement is in preparation for the eventual establishment of an e-

    filing paperless system in the judiciary.

  • b. In the Court of Appeals and the

    Sandiganbayan, one original (properly

    marked) and two copies with their annexes;

    c. In the Court of Tax Appeals, one original

    (properly marked) and two copies with

    annexes. On appeal to the En Banc, one

    Original (properly marked) and eight copies

    with annexes; and

    d. In other courts, one original (properly

    marked) with the stated annexes attached

    to it.

  • ACKNOWLEDGMENT JURAT

    Act of one who has executed

    a deed, in going before

    some competent officer and

    declaring it to be his act or

    deed

    DEFINITION

    Part of an affidavit where

    the officer certifies that the

    same was sworn before him.

    1. To authenticate an

    agreement between tow

    or more persons

    2. Where the document

    contains a disposition of

    property

    WHERE

    USED

    1. Affidavits

    2. Certification

    3. Whenever the person

    executing makes a

    statement of facts to

    the truth of an event,

    under oath

    1. To authorize the deed to

    be given in evidence

    without further proof of its

    execution.

    2. To entitle it to be recorded

    PURPOSE

    Gives the document legal

    character

  • JURAT:

    SUBSCRIBED AND SWORN TO before me this

    15th day of January, 2015 in the City of Naga,

    Philippines, affiant exibiting to me her SSS

    Identification Card bearing No. 05-123456-1

    issued last January 5, 2014 by the Social

    Security System.

  • ACKNOWLEDGMENT

    BEFORE ME, a Notary Public for and in the City of Naga

    and who exhibited to her SSS ID no. 05-12345-1 issued

    on January 5, 2014 by the Social Security System,

    known to me and to me known to be the same person

    who executed the foregoing instrument which

    (he/she) acknowledged to me as (his/her) free and

    voluntary act and deed, consisting of only ______

    (____) page/s, including this page in which this

    Acknowledgement is written, duly signed by (him/her)

    and (his/her) instrumental witnesses on each and

    every page hereof.

    WITNESS MY HAND AND SEAL this _____________ at

    _____________, Philippines.

  • TYPICAL PARTS:

    Venue

    Title

    Personal Circumstances

    Oath

    Statement of Facts

    Signature

    Jurat

  • Republic of the Philippines) Naga City ) S.S.

    AFFIDAVIT OF LOSS

    I, WILHELMINA A. POBRE, of legal age, married, Filipino citizen, with residence address at 51-G Yakal Street, Naga City, under oath, depose and state:

    (1) I, together with my husband, own a Certificate Of Participation No. 0044335 issued by Security Bank in the principal amount of P100,000.00.

    (2) On January 10, 1999 I lost the original of the above Certificate of Participation when we moved to our new house in Naga City, during which we relocated a number of personal possessions.

    (3) Diligent search of said document among our personal effects proved futile and unavailing.

    (4) I am executing this affidavit to comply with the requirements of Security Bank for the reconstitution of said document.

    Affiant further sayeth naught.

    WILHELMINA A. POBRE

    SUBSCRIBED AND SWORN to before me this 16th day of January 2015 in Naga City, Philippines, affiant exhibiting to her SSS ID No. 05-12345-1 issued by the Social Security System on January 5, 2014.

    Doc. No. ____; Page No. ____; Book No. ____; Series of 2015.