1 16 affidavit
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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
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Personal circumstances of
parties
Full name
Capacities
Civil Status
Residence
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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
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Principal or Operational clauses
State in separate, numbered paragraphs
WHY? To facilitate ready reference
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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TYPICAL PARTS:
Venue
Title
Personal Circumstances
Oath
Statement of Facts
Signature
Jurat
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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.
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