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Legal Forms in Action - Unit2b

Legal forms

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80 views31 pages

Legal Forms in Action - Unit2b

Legal forms

Uploaded by

Jeric Ryan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Official Notices

Official notices may be in the forms of the following: Summons, Appearance


Notice, Subpoena, Warrant of Arrest, and Search Warrant. Exemplified below are the
description and examples of each form ( Bajado-Nano & Pioquinto, 2014).

Summons/Appearance Notices. Appearance notice and summons are official


notices telling a person that he/she has to appear in court at a specific time and place to
answer to a criminal charge. Usually, a police officer gives the appearance notice, and a
summons may be received in the mail.

Specifically, an appearance notice is given to a person before he/she is charged


with an offense, while summons is given to a person who has already been charged with
an offense.

The appearance notice or summons tells a person of the date he/she has to
appear in court, the location of the court, and the types of offenses he/she is charged
with such as The Summary Conviction Offenses which are minor offenses like
causing a disturbance or shoplifting, and the Indictable Offenses which are more
serious, like murder, sexual assault, breaking and entering.

In cases where the second paragraph of the appearance notice or summons is


filled out, the addressee has to go to the police station to be fingerprinted and
photographed. If a person fails to go, a warrant of arrest may be issued for his/her arrest.
It is advisable to get a legal advice or speak to a lawyer right away if one receives an
appearance notice or summons.

Sample form of Summons from the Clerk of Court

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
BRANCH 3
MANDAUE CITY

_________________________
Plaintiff CIVIL CASE NO. 6330

--versus-- FOR: COLLECTION OF


SUM OF MONEY
& ATTY’S FEE

__________________
Defendant(s)

x---------------------------------/
SUMMONS

TO:

You are hereby informed that the Rules on Summary Procedure shall apply in the above-
entitled case. Thus, you are hereby required to answer the complaint duly served upon you within
TEN (10) DAYS FROM SERVICE thereof. Should you fail to answer the complaint within the
reglementary period stated herein, the Court will enter judgment against you by default and grant
the demand or relief applied for in said complaint.

Witness the Honorable _______________, Presiding Judge of this court, this ________
day of ______ 20______.

__________________________
Clerk of Court

SAMPLE form of Summons from PLEB

Republic of the Philippines


Province of ______
PEOPLE’S LAW ENFORCEMENT BOARD
______________________________
(City/Municipality)

_______________________ Admin. Case No. ______________


Complainant,
-versus-

_______________________ For: ____________________


Respondent (s) (Offense charged)

SUMMONS

TO: _______________________
_______________________

GREETINGS:

You are hereby notified that a formal administrative complaint against you, copy
attached, has been filed with this Office for the afore cited offense under the provision of Section
41 of Republic Act No. 6975 (“Department of the Interior and Local Government Act of 1990”) in
relation to NAPOLCOM Memorandum Circular No. ___________ dated ________ .1991.
Wherefore, you are hereby required to answer in writing the abovementioned charge(s)
within five (5) days from receipt hereof, and to file said Answer under oath in three (3) copies to
the Board. Attached herewith are such documentary evidences as you wish to present in your
defense.

Given this __________ day of ____________, 20____ at ________________,


Phillipines.

_______________________
Chairman
People’s Law Enforcement Board

The Chief of Police


____________________

Sir:

Please give due course to the herein summons and to return in this office the original of
the same with your proof of service indorsed at the back hereof.

Very truly yours,

___________________________
People’s Law Enforcement Board

Source: Bajado – Nano & Pioquinto (2014)

Just checking . . . try to answer this!

Peer / Self-assessment Activity

Submit two sentences identifying the


importance of Summons / Appearance Notices.

Send your answer in our face book page


_______ or goggle class with this code________.
Thank you for answering.
Subpoena. This is an order from the court that requires an individual to be
somewhere in person at a certain place, date and time to testify as a witness in a case.
Specifically, a subpoena is a conditional threat of punishment made by a governmental
authority if it is attached to a command, so that if the recipient does not do as
commanded then that person may be punished. If a person given a subpoena does not
appear, some courts have the discretion to find the person in contempt of court and
either order the person’s arrest or issue fines accordingly.

Types of Subpoena

1. Subpoena Ad Testificandum – it orders a person to testify before the ordering


authority or face punishment
2. Subpoena Duces Tecum – it orders a person to bring physical evidence before the
ordering authority or face punishment

Sample form of Subpoena from Clerk of Court

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
7th Judicial
Branch 56
Mandaue City

PEOPLE OF THE PHILIPPINES


Plaintiff CRIM CASE: 355829

-versus-

________________________ FOR: THEFT


Accused
x-----------------------------------------/

SUBPOENA

TO:

Greetings:

You are hereby commanded to appear before this Court on the 8 th of May 2011 at 8:00 in
the morning then and here to testify in the above entitled case (s).

Fail not, under the penalty of the law.

WITNESS the HON __________________, Judge of this Court, this 10 th day of April
2011.

________________________
Branch Clerk of Court

Served by: _________________

Sample form of Subpoena from PLEB

Republic of the Philippines


Province of ______________
PEOPLE’S LAW ENFORCEMENT BOARD
_______________________________
(City/ Municipality)

__________________________ ADMIN CASE No. _________


________________________
Complainant,
-versus-

_________________________ FOR: ______________


_______________________
Respondent (offense charged)

SUBPOENA

To: ____________________________
____________________________

GREETINGS:

You are hereby required to appear and be present at the hearing of the abovementioned
case before the Board at _____________________a.m. / p.m. on the ____________ day of
_____________ 20_______, then, and there to testify in the above cited case pending therein.

FAIL NOT UNDER THE PENALTY OF THE LAW.

Given this ____ day of ______ 20______ at ___________________________________.

____________________
Chairman

PROOF OF SERVICE

I have this day served a copy of the foregoing subpoena upon Mr. _________________
Personally (or by registered mail no. _____________)
Date this ______________-day of ____________, 20_____.

___________________
Serving Party

Source: Bajado – Nano & Pioquinto (2014)

Just checking . . . try to answer this!

Peer / Self - assessment Activity

Complete the statement.


 Right now I’m feeling _________.
 What I found interesting about this topic
were ________.

Send your answer in our face book


page _______ or in our goggle class with
this code________.
Thank you for answering.

Warrant of Arrest. Section 1-4, Rule 113 of Criminal Procedure states the
following about arrest:
Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense. An arrest is made by an actual restraint of a
person to be arrested, or by his/her submission to the custody of the person making an
arrest. No violence or unnecessary force shall be used in making an arrest. The person
arrested shall not be subject to a greater restraint than is necessary for his/her detention.
It shall be the duty of the officer executing the warrant to arrest the accused and deliver
him/her to the nearest police station or jail without unnecessary delay. The head of the
office to whom the warrant of arrest was delivered for execution shall cause the warrant
to be executed ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a report to the
judge who issued the warrant. In case of his/her failure to execute the warrant, he/she
shall state the reasons thereof.
The following persons may make/effect/execute an arrest:

Police Officer (in both warrantless arrest and arrest with warrant), private
person (only warrantless arrest or citizen’s arrest), members of investigation staff of
the NBI (under RA 157, as amended), bailor (may arrest the accused for the purpose of
surrendering him in court (US vs. Addison, 27 Phil. 563; People vs. Caderao,& SCRA
639), sheriff or deputy sheriff (may arrest a witness who failed to attend and obey
subpoena despite proof of service thereof; (Sec.11, Rule 23), provincial or city
probation officer (may arrest probationer under his care; Sec. 24, PD 986, as
amended), Commissioner of Land Transportation and his deputies (are authorized
to make arrest for violation of Land Transportation and Traffic Code in so far as motor
vehicles are concerned; RA 4136, as amended).

Only judges may issue warrant of arrest. This exception is in case of deportation
of illegal and undesirable alien, whom the President or the Commissioner of Immigration
may order arrested following a final order of deportation for the purpose of deportation. A
judge may not issue a warrant of arrest without recommendation for bail where offense
is bailable.

The persons who cannot issue warrant of arrest are:


Clerk of court (Amargas vs. Abbas, 98 Phil. 739; Arcilla vs. Acevedo, 88 SCRA
53), Public prosecutor (fiscal) (Lino vs. Fugoso, 77 Phil. 933), Mayor (Ponsica vs.
Ignalaga, 152 SCRA 647).

The persons exempted from arrest are:


Senator or Congressman in all offenses punishable by not more than 6 years
imprisonment shall be privileged from arrest while Congress is in session. (Sec. 11, Art.
VI, 1987 Phil. Constitution), however, Heads of State, Foreign Sovereigns,
Ambassadors, Public Ministers are exempted from arrest, but Consuls do not enjoy the
same privilege.

Sample form of Warrant of Arrest

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
6TH JUDICIAL REGION
BRANCH 32
ILOILO CITY

CRIMINAL CASE NO. 14-1013-4

PEOPLE OF THE PHILIPPINES, WARRANT OF ARREST


Complainant,

-versus-
SERAFIN CLAVEL II and
MARC LOVEL C. BEDONA
Accused.

TO ANY OFFICER OF THE LAW:

You are hereby commanded to arrest SERAFIN N. CLAVEL II and MARC LOVEL C.
BEDONA who are to be found at Brgy. Tiring, Cabatuan, Iloilo or anywhere in the Philippines and
who have been accused before this Court with the crime of ROBBERY WITH RAPE and deliver
them for forthwith to the nearest Police Station or Jail.

You are enjoined to execute this warrant of arrest within ten (10) days from receipt
hereof. Within ten (10) days after the expiration of such period, you are directed to make report
thereon to this court and in case of your failure to execute the same, to state the reason
therefore.

There was NO BAIL RECOMMENDED for the provisional liberty of the accused in this
case.

Iloilo City, Philippines, this 24th day of June, 2014.

GLOBERT JUSTALERO
JUDGE

source: https://www.scribd.com/doc/269349277/8-Warrant-of-Arrest

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Peer / Self-Assessment Activity

What are two things you learned, and one thing


that you are curious about in this topic?
(Answer should be in a sentence form.)

Send your answer in our face book page


_______ or in our goggle class with this code
__________.
Thank you for answering.
Search Warrant. Rule 216, Section 1 of Criminal Procedure defines search warrant as
an order in writing issued in the name of the People of the Philippines signed by a judge
and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

A search warrant is in the nature of a criminal process akin to writ of discovery.


It is a special and peculiar remedy, and drastic in nature. It is merely a judicial process
designed by the Rules to respond only to an incident in the main case, if only one has
already been instituted or in anticipation thereof (Malavan vs. Court of Appeals, 232
SCRA 249).

The securing of a search warrant is a measure that should be encouraged


earnestly to the end that the police authorities will respect the constitutional and legal
rights of the persons whose premises are to be subjected to search (People vs. Go,237
SCRA 73).

The Supreme Court issued Circular No. 13 regarding the guidelines and
procedures in the issuance of search warrants. This is a measure to better serve the
public good and facilitate the administration of justice.
Below are some of the guidelines applicable to this:
All applications for search warrants, if filed with the Executive Judge, shall be
assigned by raffle, to a judge within his/her administrative area, under whose direction
the search warrant shall be issued for the search and seizure of personal property. After
the application has been raffled and distributed to a branch, the judge who is assigned to
conduct the examination of the complainant and witnesses should immediately act on
the same, considering that the time element and possible leakage of information are the
primary considerations in the issuance of search warrants and seizures.

The judge must, before issuing the warrant, personally examine in the form of
searching questions and answers, in writing and under oath, the complainant and any
witnesses he/she may produce and attach to the record their sworn statements together
with any affidavits submitted. If the judge is thereupon satisfied of the existence of the
facts upon which the application is based, or that there is probable cause to believe that
they exist, he/she must issue the warrant substantially in the form prescribed by the
Rules.

In every court, there shall be a logbook under the custody of the Clerk of Court
wherein shall be entered within 24 hours after the issuance of the search warrant the
following: date and number of the warrant; name of the issuing judge; name of the
person against whom the warrant is issued; offense cited in the warrant; and name of
the officer who applied for the warrant and his/her witnesses.
Sample form of Petition for the Issuance of Arrest /Search Warrant

Letterhead

People of the Philippines, Plaintiff


Versus
A.B., Accused

Criminal Case no. ________________


For(state nature the offense)

The undersigned (name of the applicant) after having been duly sworn, states:
1. That (name of the person to be searched), who may be found at (describe premises)
is in possession or has in his/her control (name of property subject of the offense; or
stolen or embezzled and or other proceeds or fruits of the offense, or used or intended to
be used as the means of committing an offense) which he/she is keeping and concealing
in premises above described. (Cancel description not applicable)

2. That a search should be issued to enable any agent of the law to take possession and
bring to this court, the following described property: ( give complete and detailed
description of the property to be seized).

Wherefore, the undersigned prays this honorable court to issue a search warrant
authorizing any agent of the law to search the premises above described and to seize
and surrender to this Honorable Court the personal property mentioned above to be
dealt with as the law directs.

________________________________, Philippines
_____________ 20___________

____________________
Applicant
Sample form of Search Warrant Issued by the Court

Letterhead

PEOPLE OF THE PHILIPPINES


Plaintiff, CRIMINAL CASE No.___________
Vs. For: ( State Nature of the Offense)
A. B.,
Accused,

To Any Peace Officer:

It appearing to the satisfaction of the undersigned after examining under oath (name of
applicant) and his/her witness (name of witness) that there is probable cause to believe that
(describe the act charged) has been committed or is about to be committed and that there are
good and sufficient reasons to believe that (name of person, or persons to be searched) has in
his possession or control in (describe the premises) in (name of street), district of _________,
( name of property subject of the offense; or stolen or embezzled and other proceeds or fruits of
the offense; or used or intended to be used as the means of committing an offense) which should
be seized and brought to the undersigned.(Cancel description not applicable)

You are hereby commanded to make an immediate search at any time in the day (or
night) of the premises above described and forthwith seize and take possessions of the following
personal property, to witgive a complete and detailed description of the property to be seized)
and bring said property to the undersigned to be dealt with as the law directs.

Witness my hand this _____________ day of ___________, 20______.

_______________________
Judge

Sample Format of Certification of Legally, Peacefully and Orderly Execution of


Search Warrant
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
________________________________________

____________________________

CERTIFICATION OF LEGALLY, PEACEFULLY AND ORDERLY EXECUTION OF SEARCH


WARRANT:

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that elements of ______________________________________


stationed at Camp Crame, Quezon City, have today _____________________, 200____
conducted Search and Seizure in my residence/premises located at
_______________________, _______________ by virtue of Search Warrant No. _____ issued
by Honorable Judge _______________________, Executive/ Presiding Judge of Branch
_________, RTC, _________________________ dated _____________________.

That during the course of their search, they found and recovered the following personal
properties of mine which is the subject of the Search Warrant, to wit:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
___________________________________________________________________________

I FURTHER CERTIFY that the search was done in peaceful, appropriate and orderly
manner and nothing were taken by the searching party aside from those enumerated above.

_______________________
(Signature over printed name of the owner)

SIGNED IN THE PRESENCE OF:

1.) _____________________________ 2.) _______________________________


(Signature over printed name) ( Signature over printed name)

SEARCHING PARTY/TEAM LEADER:


________________________________
(Signature over printed name)

SUBSCRIBED AND SWORN to before me this ___________ day of ___________


20____ at ________________________________________, ______________.

__________________________________
(Administering Officer)

Source: Bajado – Nano & Pioquinto (2014)

Just checking . . . try to answer this!

Peer / Self Assessment Activity

Can you summarize the topic?


Develop two sentences that best summarize
the topic.
Send your answer in our face book page
_______ or in our goggle class with this
code________.
Thank you for answering.

Notice of Appeal. A Notice of Appeal is a formal notice served by the appellant,


a person who initiates an appeal, on the court and the parties involved informing them of
the appellant’s intention to request review of a lower court’s order. It is the initial step in
the appeals process. It informs the court and the party in whose favor a judgment or
order has been made that the unsuccessful party seeks a review of the case. Failure to
file a notice of appeal according to the statutory requirements will preclude appeal
(https://definitions.uslegal.com).

SAMPLE of NOTICE OF APPEAL

Republic of the Philippines


FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, Manila

PEOPLE OF THE PHILIPPINES


Plaintiff

-versus- Criminal Case No. 8444I


For: FRUSTRATED
HOMICIDE
JUAN C. PEDRO,
Accused.
x--------------------------------x

NOTICE OF APPEAL

COMES NOW accused JUAN C. PEDRO, by counsel, and unto this Honorable Court,
most respectfully gives notice that he is appealing to the Regional Trial Court, both questions of
fact and law, the decision dated 30 March 2016.

Respectfully submitted this 4th day of April 2016.

Baguio City, Philippines.

ATTY. SISSY SANTOS


Counsel for Accused
3F La Azotea Bldg., X Road, Manila
PTR No. 99909;01/04/2016;Manila
IBP No:6928764;01/04/2016;Manila
Roll No.:8139;04/08/2015
MCLE Compliance No.IV-0008758/10-18-12

Copy furnished:

Pros. Y
Office of the Prosecutor

Atty. X
Room 3B. 3F Port Mall
Manila

Source: https;//www.academia.edu/24789149/Notice of appeal

Just checking . . . try to answer this!

Peer / Self-Assessment Activity

Answer briefly.
 Define Notice of appeal?
 Give one importance of Notice of
Thank you for reading the content.

Now you have learned about the official


notices used for law enforcement. Please do the
succeeding learning activities in the goggle
classroom. Your goggle class code is
References

Affidavit of Arrest | Affidavit | Legal Procedure. Scribd. (2020).


https://www.scribd.com/document/249617263/Affidavit-of-Arrest

Affidavit of Desistance | Philippine Legal Form. Legal-forms.philsite.net. (2020).


http://legal- forms.philsite.net/affidavit-of-desistance.htm

Bajado-Nano & Pioquinto. (2014).Technical Report Writing 2 for Criminology


Students. Wiseman’s Books Trading, Inc.

CLARIDADES, P., CLARIDADES, P., & CLARIDADES, P. (2020). Atty. Alvin Claridades.
Atty. Alvin Claridades. https://attyalvinclaridades.wordpress.com

Complaint Affidavit Sample | Crimes | Crime & Justice. Scribd. (2020).


https://www.scribd.com/doc/110145591/Complaint-Affidavit-Sample

Criminal Complaint Sample | Marriage | Social Institutions. Scribd. (2020).


https://www.scribd.com/document/323170714/Criminal-Complaint-Sample

Dictionary, Encyclopedia and Thesaurus - The Free Dictionary. TheFreeDictionary.com. (2020).


https://legagaldictionary.thefreedictionary.com

Dictionary by Merriam-Webster: America's most-trusted online dictionary. Merriam-webster.com.


(2020). https://www.merriam-webster.com/
Free Online Legal Form & Document Creator | Legal Templates. Legal Templates.
https://legaltemplates.net

Google.com. (2020). https://tinyurl.com/yxepp3gt

Legal Dictionary. TheFreeDictionary.com. (2020). https://legal-dictionary.thefreedictionary.com

Sample of Affidavit of Witness | Affidavit | Witness. Scribd. (2020).


https://www.scribd.com/doc/65394098/Sample-of-Affidavit-of-Witness

Sample Format of Sworn Statement (Question and Answer) (1) | Affidavit | Crimes.
Scribd. (2020).
https://www.scribd.com/document/434360354/Sample-Format-of-
Sworn-Statement-Question-and-Answer-1

Sample Information for Homicide. Philippinelegalforms.com. (2020).


https://www.philippinelegalforms.com/2014/01/sample-information-for-homicide.html

Small Business - Chron.com. Small Business - Chron.com. (2020).


https://smallbusiness.chron.com

Suarez, Rolando A.(2007). Legal Forms. Rex Printing Company,Inc.

Sworn Statement Sample | Document | Civil Law (Common Law). Scribd. (2020).
https://www.scribd.com/doc/271815068/Sworn-Statement-Sample

Team, A. (2020). The Lawphil Project - Arellano Law Foundation, Inc.. Lawphil.net. from
https://lawphil.net

The IT Law Wiki. Itlaw.wikia.org. (2020). https://itlaw.wikia.org

Top-notch Law Firm in Metro Manila, Philippines | Corporate, Family, IP law, and
Litigation Lawyers. Law Firm in Metro Manila, Philippines | Corporate,
Family, IP law, and Litigation Lawyers. (2020). https://ndvlaw.com
US Legal, I. (2020). Legal Definitions Legal Terms Dictionary | USLegal, Inc..
Definitions.uslegal.com. https://definitions.uslegal.com

Welcome to LII. LII / Legal Information Institute. (2020). https://www.law.cornell.edu

8. Warrant of Arrest. Scribd. (2020). https://www.scribd.com/doc/269349277/8-Warrant-of-Arrest

Assessment Rubrics

Rubric in Blogging ( page ___ )

Criteria Excellent Adequate Limited Mark


(5 Points) ( 3 Points ) ( 1 Point )

The student The student The student


ideas ideas ideas
presented are presented are presented are
Ideas / Content original and are original. Some not original
expressed of the ideas and can’t be
clearly. All presented are understood.
ideas are connected to Ideas are not
connected to the topic. connected to
the topic. the topic.

Post is well Post shows Post is in poor


presented. It is average quality. It
demonstrated quality. It shows no
Writing Quality that readings shows that evidence of
are well readings are reading other
applied to made to information in
integrate integrate order to
meanings to information the enhance the
the topic topic topic
presented. presented

Content shows Content shows Content shows


a good evidence of incorrect
Communicatio command of correct grammar and
n Skills Standard grammar, spelling. It
English. It spelling and consistently
contains punctuation. making it
originality. No difficult for
error in spelling others to follow
and grammar. the ideas
presented.

Rubric in Comic Strip ( Page ___ )

Criteria Excellent Adequate Limited Mark


( 5 Points ) ( 3 Points ) ( 1 Point )

Ideas expressed Ideas expressed Ideas


Thought are highly are related to the expressed are
/Speech relevant and topic. Information slightly related
Bubble accurate to the is relevant. to the topic, but
topic. Important information is
information is well incomplete.
emphasized.

Pictures and Pictures and Pictures and


captions show an captions show a captions show a
exceptional great deal of great deal of
Creativity degree of student student creativity. student
creativity. All of Many of them creativity. Only
them reflect reflect relevant a few them
relevant connection to the reflect relevant
connection to the topic. connection to
topic. the topic.

Spelling, There are no There are 1 – 3 There are more


Punctuation errors in spelling errors in spelling, than 5 errors in
and Grammar punctuation, or punctuation, or spelling,
grammar. grammar. punctuation, or
grammar.
Rubric in writing Reflection Paper ( page ___ )

Criteria Excellent Adequate Limited Mark


( 5 Points ) ( 3 Points ) ( 1 Points )

Ideas presented Ideas presented Ideas presented


Organization are very organized are organized are disorganized.
with well but paragraphs Information is
constructed are not well inaccurate.
paragraph. The constructed.
use of information Information is
is factual and factual.
correct.

Information Information Information


Quality of presented is presented to the presented is not
Information clearly connected main topic. No connected to the
to the topic given. additional details topic given.
It includes or examples
supporting details given.
and examples.

No errors in Few errors in Too many errors


Mechanics grammar, spelling grammar, that resulted to a
or punctuation spelling or poor
punctuation understanding of
the paper work

All sources are All sources are Too many


Sources accurately accurately sources are not
documented in the documented but documented
desired format some are not in accurately
( APA) the desired
format (APA)

Rubric in Formulating of Legal Forms Samples and Official Notices


( pages _____ and ____ )

Criteria Excellent Adequate Limited Mark


( 5 Points ) ( 3 Points) ( 1 Point )

Information is Important The presentation


Content complete and well information is does not include
supported by missing, or there information on the
details. are few supporting major points
details.

Spelling, grammar, A few (2-3)errors More than 5 errors


capitalization and in spelling, in spelling,
Mechanics punctuation in any grammar, grammar,
text in the form are capitalization and capitalization
all correct punctuation. and punctuation.

 Typed or  Typed or  Typed or


computer computer computer
Presentation generated generated generated
Format  Balanced  Somewhat  Format
margins balanced distracts
 Appropriate margins from
fonts  Font size is strengths
appropriate and
information
 Fonts
distracts
from
readability

Rubric in Legal Forms and Official Notices Sample Portfolio


( page ____ and _____ )

Criteria Excellent Adequate Limited


(5 Points) ( 3 Points ) ( 1 Point ) Mark

Portfolio is Portfolio is fairly Portfolio shows


completely and well organized. A some attempt at
Organization neatly organized. reader may have a organization. A
A reader can little difficulty reader has
easily find things finding things difficulty finding
things.

All sources are Few (2-3) sources Too many


Sources accurately are not sources ( 5 or
/properly cited. accurately/properly more) are not
cited. cited.

Whole Incomplete Incomplete


Content package compilation; few compilation;
complete; forms are missing many forms are
all forms missing
are
available
Rubric for Writing an Essay ( Assessment 2, page ____ )

Criteria Excellent Adequate Limited Mark


( 5 Points ) (3 Points) (1 Point)

There is one There is an The topic and


specific and specific topic. ideas
Content well focused Ideas are clear presented are
topic. Ideas are but are not not clear.
clearly and are supported by
well supported detailed
by detailed and information.
accurate
information

Writer makes Writer makes 4- Writer makes


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Glossary

Affidavit. A verified, formal sworn statement of fact signed by an affiant or author, and
witnessed by a notary public

Affidavit of arrest. Statement on the facts and circumstances surrounding an arrest


given under oath by an arresting officer

Affidavit of complaint. Sworn statement executed by the offended party disclosing


therein the acts or omissions complained of as constituting the offense

Affidavit of desistance. Written statement under oath by the complainant stating that
said person is no longer interested in pursuing the case against another

Affidavit of witness. Legal and binding written testimony of a witness used as evidence
in court

Answer. Pleading in which a defending party sets forth his/her defenses

Appearance notice. Official notice telling a person to appear in court at a specific time
and place to answer to a criminal charge delivered by a police officer.

Business forms. Documents that set forth the creation, transfer, modification or
limitation of rights to real or personal properties, and such other forms related to
business contracts or transactions

Complaint. Sworn written statement charging a person with an offense, subscribed by


the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated

Criminal action. Procedure by which a person accused of committing a crime is


charged, brought to trial, and judged
Cross-claim. Any claim by one party against a co-party arising out of the transaction or
occurrence that is the subject matter either of the original action or of a
counterclaim therein

Declatory relief. A judge’s determination of the parties’ rights under a contract or a


statute, often prayed for in a lawsuit over a contract

Deposition. Formal written statement, made by a witness to a crime, which can be used
in court if the witness cannot be present

Escheat. Right of a government to take ownership of estate assets or unclaimed


property when an individual dies with no will and heirs

Habeas corpus. Writ directed to a person detaining another and commanding that
person to produce the body of the prisoner at a certain time and place and to
state the cause of his/her capture and detention

Inquest. Informal and summary investigation conducted by a public prosecutor in


criminal case involving persons arrested and detained without the benefit of a
warrant of arrest, issued by the court for the purpose of determining
whether or not said persons should remain under custody and correspondingly be
charged in court

Interpleader. Suit pleaded between two parties to determine a matter of claim or right to
property held by a third party

Judicial forms. Forms which appertain to different kinds of pleadings, applications,


petitions, affidavits, motions and other court proceedings

Legal forms. Prototypes of documents or forms used in legal transactions or judicial


proceedings which contain important matters conveyed in technical terminologies
and presented in suitable and systematic order in accordance with the
circumstances of any case

Mandamus. Judicial writ issued as a command to an inferior court or ordering a person


to perform a public or statutory duty

Motion. Application for relief other than by a pleading

Motion for reconsideration. Legal filing where a party to a lawsuit requests the court to
review a prior decision and consider issuing a new or different decision in the
light of that review

Notary public. Public figure authorized by government to administer oaths, authenticate


contracts, acknowledge deeds, certify documents, etc.

Notice of appeal. Formal notice served by the appellant on the court and the parties
involved, informing them of the appellant’s intention to request review of a lower
court’s order

Ordinary civil action. One by which a party sues another for the enforcement or
protection of a right or the prevention or redness of a wrong
Perjury. Offense of willfully telling an untruth in a court after having taken an oath or
affirmation

Prohibition. Action of forbidding something by law

Quo Warranto. Special civil action whereby a person claiming to be entitled to a public
office or position files an action against a usurper challenging the authority of the
latter in holding said public office or position

Search warrant. Order issued by a judge authorizing law enforcement officers to search
for personal property described therein and bring it before that court

Subpoena. Writ commanding a person designated in it to appear in court under a


penalty for failure

Subpoena ad testificandum. Writ ordering a person to appear and give oral testimony
for use at a hearing or trial, or face punishment

Subpoena duces tecum. Writ ordering a person to appear before the court bringing
with him/her certain designated documents or physical evidence, or face
punishment

Summons. Official notice telling a person that he/she has to appear in court at a specific
time and place to answer to a criminal charge, which may be received in the mail

Sworn statement. Document containing facts related to a legal proceeding made under
oath

Warrant of arrest. Written order by a judge for the taking of a person into custody in
order that he/she may be bound to answer for the commission of an offense
USER’S EVALUATION FORM

Date: __________

Dear Student,
The evaluation form will help us in the production of upcoming editions of the
instructional materials. Please fill out the form and detach before submitting the IM to
your professor at the end of the semester. Put it in a sealed envelope and submit this
form to the Instructional Materials Development Office (IMDO) in your campus. Thank
you for your compliance.

Director for Instructional Materials Development

Name (optional): ______________________________


Course in which the IM is used: ______________________________
Academic Year: ____________________ ( ) 1st Semester ( ) 2nd Semester
Date of Evaluation: ______________________________
Title: ______________________________
Author(s): ______________________________

Please rate the IM on the scale of 1-4

4- Strongly Agree 3- Agree 2- Disagree 1- Strongly Disagree

_____1. The IM is well-organized, complete, and is integral to the understanding of the


course.
_____2. The IM utilized learning outcomes which target future skills and graduate
attributes.
_____3. The content is well-structured, internationalized, and are based on the learning
outcomes.
_____4. The learning activities and assessments are congruent with the learning
outcomes.
_____5. There are adequate spaces for the learning activities and assessments.
_____6. The language used is gender-sensitive, easy to understand, and is appropriate
to the level of users.
_____7. The examples/illustrations, and body text are clear, set in APA 7 th edition
format, and are appropriate to the level of the users.
_____8. The IMs are free from errors, misspellings and irrelevant pictures/illustrations.
_____9. The IM contains front and back contents (e.g. preface, acknowledgement,
rubrics, answer key, appendices, glossary)
_____10. The IM follows the institutional format of the University.

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__Highly useful __Useful __Somewhat useful __Useless

For other comments and suggestions, please use the space below. Thank you.
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Answer Key

( Pre test )

1. True
2. X
3. True
4. True
5. True

Assessment

A. 1. Judicial forms
2. special proceeding
3. contract / transaction
4. a crime / an offense
5. court

Unit 2

Pretest

1. C - inquest 6.arrest
2. A – sworn statement 7. Ad testificandum
3. B - affidavit 8. Search warrant
4. C – criminal complaint 9. arrested
5. D - witness 10. duces tecum

Assessment

Legal Forms Official Notices


1. A 1. D
2. B 2. B
3. B 3. D
4. D 4. A
5. C 5. D
About the
Authors

Ma. Fatima C. Paculanang completed the degree of


Bachelor of Science in Chemistry for Teachers at the
Philippine Normal University, Manila. She earned units in
Bachelor of Laws at Andres Bonifacio College, Dipolog City

Marjorie Catalonia Ogoc – Tudara finished the degree


of Bachelor of Secondary Education major in English
at Saint Vincent’s College, Dipolog City. She
completed her academic requirements for Master of
Arts in English at Jose Rizal Memorial State University,
Dapitan Campus.

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