Rule 76, Section 1: Voluntarily Prepared Transfer of Thing or Right

December 4, 2018
Introduction
Formatting:
-Long size paper - Single space
-1.5 left margin, 1.2 top margin, 1.0 right and bottom margins
-Century Gothic, Calibri as font style -14 font size
-Title must be emphasized thru Bold, Underline, Bigger font size, Italicize
-Full names must be clearly written, as well as the Date and Place
-Technical terms must be avoided, Verbosity must be avoided too
Important:
Rule 76, Section 1 – Who may petition for the allowance of Will?
Public Documents:
-once notarized, public document already and binding to 3rd parties, not privy
Article 1358 of New Civil Code
Statute of Frauds
Rule 136, Sections 15 and 16
Pleading
Assignment: Sample Jurat and Sample Acknowledgment
December 11, 2018

Acknowledgment
-that the person voluntarily prepared the document
-the preparer is the Notary Public
-this covers transactions where there is transfer of thing or right affecting lands W/N under Art.
496 like Deeds, Conveyances, Mortgages, Leases, Release and Discharge
-must state the number of pages of the instrument including this acknowledgment page
2 or More Pages of Acknowledgment

1. Parties must sign on each and every page on the left margin; to ensure no insertion
2. State what kind of Document
3. State the number of pages
Sworn Statements or Jurat or Affidavit

-is just an oath or affirmation, there is no transfer of right but waives liability
-commonalities (personal, presentation of ID)
-which the officer certifies that the instrument was sworn before him
Competent evidence of Identity (must be presented under the 2004 Rules on Notarial Practice)
-PRC, any government-issued ID with picture and signature
-CTC is no longer acceptable under the Revised Rules on Notarial Practice
Copy Certification = the legal term for Certified true copy or CTC, no need to document this
Affidavit
-also known as Sworn Statement
-by a natural person, an ex parte statement
-to state circumstances
Parts:
1. Venue – place where the affidavit was taken (Republic of the Phils, Province of ____)
2. Body – facts, matters, alleged to be true under oath; allegations must be full, certain/
exact; based on personal or actual knowledge (Not “ I heard from H that A killed B…….)
3. Signature of the affiant – customary signature
4. Jurat
“I hereby attest to the truth and veracity of the foregoing facts and circumstances. And I
execute this affidavit for whatever legal purpose it may serve or specific purpose (like to
replace my lost ID)
S S – Republic of the Philippines > scilicet (adverb)

-that is to say; namely (introducing a word to be supplied or an explanation of an ambiguity).
-the place in the SS must be the same place with the acknowledgment or jurat part
Title > Affidavit of ______________?
Notarial Register
For Book 1, 100 pages x 5 docs/page = 500 docs all in 1 book > For Book 2, start Doc 1 again
Number = Doc 1 (Dec 5) , 2 (Dec 10) , 3 (Dec 20) > must be chronological
Nature of instrument like Deed of sale

Name of persons = Buyer/ affiant
Details of Notary Public
Andrew M. Navarrete (no need to state Atty. since it is understood)

Notary Public
Until December 31, 2018
Notarial Commission No. ____
MCLE Compliance No. ____ (MCLE Compliance No. is required in pleadings)
Roll of Attorneys No. ____
IBP Member No. ____ Chapter No. _____
__________ City, Philippines (same city with SS)
Doc. No.
Page No.
Book No.
Series of 2018
Persons and Family Relations

Assignment: (See sample forms in the archive)
1. Affidavit of Desistance
2. Affidavit of Support
3. Joint Affidavit of 2 Disinterested Persons
4. Release, waiver and claim
January 8, 2019
Corporate Documents
1. Treasurer’s Certification (must be Jurat and not acknowledgment)
2. Board Resolution
3. Secretary’s Certificate
4. Memorandum of Agreement
1. Treasurer’s Certification
-needed for the submission of the AOIC to the SEC
Contents:
a. That he is the duly elected Treasurer
b. 25% and 25% subscription and paid-up capital requirements
c. Deposited in a bank/branch (bank certification for SEC), but okay if kept by the Treasurer
himself
d. That the Company authorizes SEC and BSP to inspect/ verify the bank account for the paid-
in capital
e. If withdrawn, a ground for revocation of application of AOIC
2. Board resolution
-preambulary clause “Whereas”
Contents:
a. State the purpose; opening of bank account, purchase of equipment (needs board resolution)
b. Date and place of meeting
c. Resolutions approved/ itself:
Resolved that the authorized signatories are _____
Resolved that the bank, branch, account type, etc
Disadvantage of Board resolution:

-difficult to get the signature of the Board of Directors
3. Secretary’s certificate
Contents:
a. that he is the appointed secretary
b. date of the meeting where there is quorum
c. the said resolution has not been amended or revoked (see sample below)
“RESOLVED, FINALLY that the authority hereinabove granted to the aforementioned

officers of the Corporation shall remain valid and subsisting until the same is expressly revoked
by the Board of Directors of the Corporation.”
Difference of Board Resolution and Secretary’s Certificate

Board resolution Secretary’s certificate
Signed by the BOD involved Signed by Secretary as long as not revoked
Jurat since it is acknowledgment (????)
Seatwork:
Prepare Treasurer’s Certification (that at least 25% have been subscribed and 25% have been
paid)
WMC Development Corp.

Suite 11 WDC Bldg., Centro, Mandaue City
Authorize Capital P5,000,000.00

President: Glenn Bayon
Treasurer: Nelso Mayol
Secretary: Charmelle Yong
Member: Dennis Mirasol
Member: Natalie Minoza
Assignment:
Special Board Meeting
WDC Office December 12, 2018
Acts Approved:
1. To open a branch in Toledo City, Cebu and lease an office – Make a Board Resolution
2. To open an account with BPI for the payroll of employees – Make a Secretary’s Certificate
January 22, 2019

Power of Attorney
-it is a Contract of Agency (COA), acting for and in behalf of another
*Art. 1868 – Definition of COA
*Art. 1873 – Effects of SPA “by public advertisement”
*Art. 1876 – Kinds of Agency
*Art. 1877 – GPA
*Art. 1878
3) SPA on Pleadings – “Pre-trial”
-must be specific on the authorities conferred
-like what specific tasks to be included in the SPA for Pre-trial > Read Rules of Court, Rule 18 on
Pre-trial (sample: submit for arbitration, JDR
*Art. 1879, 1880, 1881

-specific acts to be included “catch all phrase” to do any act necessary for the foregoing, not a
violation
*Art. 1919 - Extinguishment
Parts of a Power of Attorney

1. Declaration to the Public or advertisement – public since this is binding to the whole
world
2. Name, personal circumstance of principal
3. Installation/ institution/ appointing the agent
4. Enumeration of specific powers granted
5. Declaration of the giving ang granting of the agent to do such acts and the
acknowledgment of the legality of said acts of the agent to be that of the principal and
ratification of the agent’s acts
6. Acknowledgment
Notes:
Spouses can execute SPA jointly
Who will appear before the Notary Public? The Principal, not the agent
Refer to sample (“Forms” folder)

*#1 > Declaration to the Public or advertisement
“KNOW ALL MEN BY THESE PRESENTS”
*Catch all phrase

“To do any and all acts necessary so as to give full effect to the foregoing authorities stated.”
*#5 > Declaration of the giving ang granting of the agent to do such acts and the
acknowledgment of the legality of said acts of the agent to be that of the principal and
ratification of the agent’s acts MEMORIZE THIS ONE
“HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority
requisite, necessary or proper to be done in and about the premises as fully to all intents and
purposes as I might or could lawfully do if personally present, and hereby ratifying and
confirmation all that my said attorney-in-fact or her substitute shall lawfully do or cause to be
done under and by virtue of these presents.”
Assignment:
1. William Garcia wants to sell his property in Northtown Homes, Cebu City under TCT No.
24743 for P15,000,000.00. He is leaving next week for the US and has asked his brother
Jonathan Garcia to be his agent. Draft the document (all incidental acts: to sign docs,
receive proceeds)
2. Anne Marie Roble is the Petitioner/ Plaintiff in Civil Case No. 23334 for sum of money
pending before the RTC Branch 28 of Mandaue. The Pre-trial is set on January 29, 2019.
Anne, however, will be in Hongkong on that date. As her lawyer, draft the document
necessary to enable you to represent her during the Pre-trial.
TIPS – Refer to the Rules of Court for the objective/ purpose of Pre-trial as specific acts
RULES OF COURT - RULE 18
Pre-Trial
Section 1. When conducted. — After the last pleading has been served and filed, if shall be the duty of the
plaintiff to promptly move ex parte that the case be set for pre-trial (5a, R20)
Section 2. Nature and purpose. — The pre-trial is mandatory. The court shall consider:
(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a commissioner;
(g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action
should a valid ground therefor be found to exist;
(h) The advisability or necessity of suspending the proceedings; and
(i) Such other matters as may aid in the prompt disposition of the action. (1a, R20)
Next topics:
1. Rules on succession
2. Last will and testament
3. Estate of Small Value
4. Extra-judicial settement

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December 4, 2018

December 11, 2018

2 or More Pages of Acknowledgment

Sworn Statements or Jurat or Affidavit

S S – Republic of the Philippines > scilicet (adverb)

Title > Affidavit of ______________?

Nature of instrument like Deed of sale

Details of Notary Public

Andrew M. Navarrete (no need to state Atty. since it is understood)

Persons and Family Relations

Disadvantage of Board resolution:

“RESOLVED, FINALLY that the authority hereinabove granted to the aforementioned

Difference of Board Resolution and Secretary’s Certificate

WMC Development Corp.

Authorize Capital P5,000,000.00

January 22, 2019

*Art. 1879, 1880, 1881

*Art. 1919 - Extinguishment

Parts of a Power of Attorney

Refer to sample (“Forms” folder)

*Catch all phrase

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