MIDTERM
LEGAL – means conforming to or
permitted by law or established
rules.
FORM – a prescribed order and set
of words and a printed or typed
document with blank spaces for
insertion of required or requested
information.
LEGAL FORMS is an instrument or document
to be employed in a legal transaction or a judicial
proceeding that includes the primary essential
matters, the appropriate technical phrases or
terms, and any additional materials required to
render it officially accurate, arranged in suitable
and systematic order and conducive to
adaptation to the circumstances of the particular
case.
Legal Forms - are documents or forms used
in a legal transaction or judicial proceedings,
which contain important matters conveyed in
technical terminologies and presented in a
suitable and systematic order in accordance
with the circumstances of any case
IMPORTANT GUIDELINES
The language used in most legal forms is English
Correct choice of words – the words used must be
simple and appropriate. Observe correct grammar,
spelling and punctuation marks.
Proper sentence construction – sentences must be
simple, direct and not too long, correctly phrased.
There must be subject-verb agreement.
IMPORTANT GUIDELINES
The language used in most legal forms is English
Correct choice of words – the words used must be
simple and appropriate. Observe correct grammar,
spelling and punctuation marks.
Proper sentence construction – sentences must be
simple, direct and not too long, correctly phrased.
There must be subject-verb agreement.
IMPORTANT GUIDELINES
The language used in most legal forms is English
Correct choice of words – the words used must be
simple and appropriate. Observe correct grammar,
spelling and punctuation marks.
Proper sentence construction – sentences must be
simple, direct and not too long, correctly phrased.
There must be subject-verb agreement.
IMPORTANT GUIDELINES
Paragraphs must be impressive – the subject matter must be
properly developed or organized. Ideas must be unified and
coherent and accurately presented.
Correct citations – the writer should cite the provisions of law
and jurisprudence.
Correct form of legal document – legal writing includes the
preparation of documents, instruments, pleadings and other
papers where the writer applies his legal knowledge and skills.
STUDY OF LEGAL FORMS INCLUDES:
BUSINESS FORMS - are used in
conveyancing, or of the forms of deeds,
instruments or documents creating,
transferring, modifying or limiting rights to real
as well as personal properties, and other forms
related to business contracts or transactions.
STUDY OF LEGAL FORMS INCLUDES:
JUDICIAL FORMS - refers to forms which
pertain to different kinds of pleadings,
applications, petitions, affidavits, motions,
and the like.
DOCUMENT- It is a written instrument, an
agreement, a deed, a map, an object, a
photograph or anything which proves a fact,
an event, an incident, or transaction.
KINDS OF DOCUMENTS
1. Private document – a written
instrument, deed or agreement which is not
notarized before a notary public or any other
person authorized to administer oath.
2. Public document – a document executed
and acknowledged before a notary public or any
person authorized to administer oat.
NOTARIZATION
It is the act that ensures the public that the
provisions in the document express the true
agreement between the parties. It converts
a private document to a public document
and renders it admissible in court without
further proof of authenticity.
AUTHORIZED TO PERFORM NOTARIAL ACTS
1. NOTARY PUBLIC
2. NOTARY PUBLIC EX OFFICIO
NOTARY PUBLIC – refers to any member
of the Philippine Bar in good standing who
is issued a Notarial Commission by the
Executive Judge where the petition is filed.
NOTARY PUBLIC EX OFFICIO – is a
government official who is clothed by law
with general authority to administer oaths
and to perform notarial acts within the
limits of their territorial jurisdiction in
relation to their official functions.
(Section 41 as amended by Section 2 of R. A. No. 6733 and Section 242 of the Revised Administrative Code, in
relation to Sections G, M and N, Chapter VIII of the Manual for Clerks of Court)
NOTARY PUBLIC EX OFFICIO
President, Vice president, Member and
secretaries of both houses, Secretaries of
departments, Governors, Mayors, Clerk of
courts, Etc.
SETTLED
A term which refers to the rule that a private
document is binding between the parties
who executed the same, but not as to third
parties.
CLASSIFICATIONS OF LEGAL
FORMS
1. BUSINESS FORMS
2. JUDICIAL FORMS
3. SPECIAL PROCEEDINGS
4. CRIMINAL ACTIONS
CLASSIFICATIONS OF LEGAL
FORMS
1. BUSINESS FORMS are used in
conveyancing, or of the forms of deeds,
instruments or documents creating,
transferring, modifying or limiting rights to real
as well as personal properties, and other forms
related to business contracts or transactions.
BUSINESS FORMS
a. Business contract – is an
agreement in which each party
agrees to an exchange, typically
involving money, goods or
services.
b. Business transaction – an event
involving an interchange of
goods, money, or services
CLASSIFICATIONS OF LEGAL
FORMS
2. Judicial forms – forms which pertain to
pertain to different kinds of pleadings,
applications, petitions, affidavits, motions,
and the like.
Judicial forms
1. Ordinary civil action – is one which
a party sues another for the enforcement
or protection of a right or the prevention
or redress of a wrong.
JUDICIAL FORMS
A. Ordinary civil action
1. COMPLAINT – a statement
alleging that a person has
committed an offense.
JUDICIAL FORMS
A. Ordinary civil action
2. MOTION – a formal request made
to a judge for an order or judgement.
Motions are made in court all the
time for may purposes; to continue
(postpone) a trial to a later date, to
get modification of an order, for
dismissal of the opposing party’s
case, etc.
JUDICIAL FORMS
A. Ordinary civil action
3. ANSWER – refers to a defendant’s
first formal written statement to a
plaintiff’s initial petition or
complaint. This opening written
statement will admit or deny the
allegations or demand more
information about the claims of
JUDICIAL FORMS
A. Ordinary civil action
4. CROSS CLAIM – a demand made
in a pleading against another
party on the same side of the
lawsuit.
JUDICIAL FOMRS
B. SPECIAL CIVIL ACTIONS – is an
action whereby one party sues
another to enforce or protect a
right or to prevent the
commission of a wrong by
following special rules of
procedure.
JUDICIAL FOMRS
B. SPECIAL CIVIL ACTIONS
1. Mandamus – is a special civil
action whereby a court of
jurisdiction commands an inferior
tribunal, or person to perform a
particular duty which the law
requires to be done resulting
from such office or trust.
JUDICIAL FOMRS
B. SPECIAL CIVIL ACTIONS
2. QUO WARRANTO – a special
form of legal action used to
resolve a dispute over whether a
specific person has the legal right
to hold the public office that he or
she occupies.
JUDICIAL FOMRS
B. SPECIAL CIVIL ACTIONS
3. PROHIBITION – an extraordinary
remedy available to compel any tribunal,
corporation, board or person exercising
judicial or ministerial functions, to desist
from further (proceeding) in action or
matter when the proceedings in such
tribunal, corporation, board or person
are without or in excess of jurisdiction or
with grave abuse of discretion.
CLASSIFICATIONS OF LEGAL
FORMS
3. SPECIAL PROCEEDING – is a
remedy by which a party seeks to
establish a status, a right, or a
particular fact.
SPECIAL PROCEEDING:
PETitION FOR HABEAS CORPUS – a
request for writ requiring a person
to be brought before a judge or
court, especially for investigation
of a restraint of the person’s
liberty, used as a protection
against illegal imprisonment.
SPECIAL PROCEEDING:
ESCHEAT– a proceeding whereby
the real and personal property of
a deceased person in the
Philippines, who died without
leaving any will or legal heirs,
become the property of the state
upon his death.
SPECIAL PROCEEDING:
Petition for guardianship – is filed
at the event that the parent is
deemed unfit.
CLASSIFICATIONS OF LEGAL
FORMS
4. CRIMINAL ACTION – is the
procedure by which a person accused
of committing a crime is charged,
brought to trial, and judged.
Information
Complaint
AFFIDAVIT
A formal written statement a person
makes before a notary or officer of the
court outside of the court asserting that
certain facts are true to the best of that
person’s knowledge.
It is a written statement or declaration of
facts which is voluntarily executed and
confirmed by the affiant and subscribed
before a Notary Public or an officer
authorize to administer oath.
AFFIDAVIT AND SWORN
STATEMENT
A sworn statement is a document
that contain facts that are
relevant to a legal proceeding.
Sworn statements are similar to
affidavits, however, unlike
affidavits, they are not required
to be signed, witnessed, or sealed
Article 183. False testimony in other cases and perjury in
solemn affirmation. - The penalty of arresto mayor in its
maximum period to prision correccional in its minimum
period shall be imposed upon any person, who knowingly
makes untruthful statements and not being included in the
provisions of the next preceding articles, shall testify under
oath, or make an affidavit, upon any material matter before
a competent person authorized to administer an oath in
cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu
of an oath, shall commit any of the falsehoods mentioned in
this and the three preceding articles of this section, shall
suffer the respective penalties provided therein.
SECTION 1. Article 183 of Act No. 3815, as amended,
otherwise known as "The Revised Penal Code", is hereby
amended to read as follows:
"Article 183. False testimony in other cases and perjury in
solemn affirmation. - The penalty of prision mayor in its
minimum period shall be imposed upon any person who,
knowingly making untruthful statements and not being
included in the provisions of the next preceding articles,
shall testify under oath, or make an affidavit, upon any
material matter before a competent person authorized to
administer an oath in cases in which the law so requires.
SECTION 1. Article 183 of Act No. 3815, as amended,
otherwise known as "The Revised Penal Code", is hereby
amended to read as follows:
"Article 183. False testimony in other cases and perjury in
solemn affirmation. - The penalty of prision mayor in its
minimum period shall be imposed upon any person who,
knowingly making untruthful statements and not being
included in the provisions of the next preceding articles,
shall testify under oath, or make an affidavit, upon any
material matter before a competent person authorized to
administer an oath in cases in which the law so requires.
ESSENTIAL PARTS OF AN AFFIDAVIT:
1. Venue - the place where the
affidavit was taken. This will show
whatever the official administering
the oath of
affirmation has acted within this
jurisdiction.
ESSENTIAL PARTS OF AN AFFIDAVIT:
1. Venue - the place where the
affidavit was taken. This will show
whatever the official administering
the oath of
affirmation has acted within this
jurisdiction.
ESSENTIAL PARTS OF AN AFFIDAVIT:
2. Body - The facts stated in the body
of an affidavit must be stated
positively, and not merely a matter of
belief, by one who has actual
knowledge of the fact and its
allegations should be full, certain and
exact.
ESSENTIAL PARTS OF AN AFFIDAVIT:
3. Signature of the Affiant and the
Jurat – The proper place of the
signature is below the body of the
affidavit. Jurat is that part of an
affidavit in which the officer certifies
that the instrument was sworn to
before him (Suarez, 2019).
JURAT –
Latin for “to swear”. It is a
certificate attached to an
affidavit or deposition to signify
that the affidavit or deposition
was properly made before a
duly authorized officer.
ACKNOWLEDGEMENT –
is the act of one who has
executed a deed in going
before some competent officer
or court and declaring it to be
his act or deed.
“A jurat is a distinct creature from an
acknowledgment. It is that part of an
affidavit in which the notary certifies
that before him or her, the document
was subscribed and sworn to by the
executor; while an acknowledgment is
the act of one who has executed a deed
in going before some competent officer
or court and declaring it to be his act or
deed.”
END.
