This document provides information and guidelines related to legal forms and notarization in the Philippines. It discusses the scope of legal forms, essential elements for drafting legal documents, when documents should be made public, form and size requirements, definitions related to notarial acts, and qualifications for becoming a notary public. The key points are that legal forms include document preparation and review, that essential elements of legal documents include clearly written names and dates, and that notarial acts verify identities and signatures on documents.
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Notes in Legal Forms
This document provides information and guidelines related to legal forms and notarization in the Philippines. It discusses the scope of legal forms, essential elements for drafting legal documents, when documents should be made public, form and size requirements, definitions related to notarial acts, and qualifications for becoming a notary public. The key points are that legal forms include document preparation and review, that essential elements of legal documents include clearly written names and dates, and that notarial acts verify identities and signatures on documents.
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Notes in Legal Forms
SCOPE OF LEGAL FORMS
Pleading Preparations Drafting of Documents Certification Review of Documents Notarization Essentials in Drafting Legal Documents Title of the Document must be emphasized Full names of parties, nationality, capacity, civil status and residence must be clearly written !void use of pronouns Clauses must be separated by numbers and paragraph "erbosity should be avoided Technical terms must be avoided #f used, it must be defined Neat and free from any erasures Date and place of e$ecution of instrument must be clearly written #n case of pleading in civil or criminal cases pertinent provisions of law must be considered and re%uisites and&or pre're%uisites as the case may be must be complied Public Document !ny instrument notarized by a notary public or a competent public official with the solemnities re%uired by law (inding to third persons Notarization converts a private document into a public document thus making that document admissible in evidence without further proof of its authenticity. A notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgment executed by a notary public and appended to a private instrument. ( Rosalinda Bernardo vs. Atty. Mario Ramos A.C. No. 5645 July 2, 2002) WHEN DOCMEN!S SHOLD "E MADE P"L#C Art$ %&'($ Contracts s)all be obligator*+ in ,)ate-er form t)e* ma* )a-e been entere. into+ /ro-i.e. all t)e essential re0uisites for t)eir -ali.it* are /resent )owever, when the law re%uires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that re%uirement is absolute and indispensable #n such cases, the right of the parties stated in the following article cannot be e$ercised Art$ %&'1 #f the law re%uires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may compel each other to observe that form, once the contract has been perfected This right may be e$ercised simultaneously with the action upon the contract Art$ %&'2$ The following must appear in a public document* 3%4 Acts an. contracts ,)ic) )a-e for t)eir ob5ect t)e creation+ transmission+ mo.ification or e6tinguis)ment of real rig)ts o-er immo-able /ro/ert*7 sales of real /ro/ert* or of an interest t)erein a go-erne. b* Articles %89&+ No$ :+ an. %89'7 Art$ %89&$ The following contracts are unenforceable, unless they are ratified* 3:4 !)ose t)at .o not com/l* ,it) t)e Statute of Frau.s as set fort) in t)is number$ #n t)e follo,ing cases an agreement )ereafter ma.e s)all be unenforceable b* action+ unless t)e same+ or some note or memoran.um+ t)ereof+ be in ,riting+ an. subscribe. b* t)e /art* c)arge.+ or b* )is agent7 e-i.ence+ t)erefore+ of t)e agreement cannot be recei-e. ,it)out t)e ,riting+ or a secon.ar* e-i.ence of its contents; 3a4 An agreement t)at b* its terms is not to be /erforme. ,it)in a *ear from t)e ma<ing t)ereof7 3b4 A s/ecial /romise to ans,er for t)e .ebt+ .efault+ or miscarriage of anot)er7 3c4 An agreement ma.e in consi.eration of marriage+ ot)er t)an a mutual /romise to marr*7 3.4 An agreement for t)e sale of goo.s+ c)attels or t)ings in action+ at a /rice not less t)an fi-e )un.re. /esos+ unless t)e bu*er acce/t an. recei-e /art of suc) goo.s an. c)attels+ or t)e e-i.ences+ or some of t)em+ of suc) t)ings in action or /a* at t)e time some /art of t)e /urc)ase mone*7 but ,)en a sale is ma.e b* auction an. entr* is ma.e b* t)e auctioneer in )is sales boo<+ at t)e time of t)e sale+ of t)e amount an. <in. of /ro/ert* sol.+ terms of sale+ /rice+ names of t)e /urc)asers an. /erson on ,)ose account t)e sale is ma.e+ it is a sufficient memoran.um7 3e4 An agreement of t)e leasing for a longer /erio. t)an one *ear+ or for t)e sale of real /ro/ert* or of an interest t)erein7 3f4 A re/resentation as to t)e cre.it of a t)ir. /erson$ FORM AND S#=E OF DOCMEN!S The court motu proprio Resolved to further amend +ections ,- and ,., Rule ,/. of the Rules of Court, as well as its Resolution of +ept ,0, ,102 as amended by Resolution dated February 3/, ,142, as follows* 5ffective immediately and until further actions of the Court, all pleadings, briefs, memoranda, motions and other papers to be filed before the +upreme Court and the Court of !ppeals shall either be typewritten on good %uality, unglazed paper, or mimeographed or printed on newsprint or mimeograph paper, ,, inches in length by 4',&3 inches in width 6commonly 7nown as letter size8 or ,/ inches in length by 4',&3 inches in width 6commonly 7nown as legal size8
There shall be a margin at the top and at the left'hand side of each page not less than ,' ,&3 inches width The contents shall be written double'spaced and only one side of the page shall be used #n the +upreme Court, eighteen 6,48 legible copies of the petition shall initially be filed, and eighteen 6,48 copies of subse%uent pleadings, briefs, memoranda, motions and other papers shall be filed in cases for consideration of the Court en banc and nine 618 copies in cases to be heard before a division 9ne 6,8 copy thereof shall be served upon each of the adverse parties in either case #n the Court of !ppeals, seven 608 legible copies of pleadings, briefs, memoranda, motions and other papers shall be filed and one 6,8 copy thereof shall be served on each of the adverse parties SEC$ %($ rinted !a!ers. ' !ll papers re%uired by these rules to be printed shall be printed with blac7 in7 on unglazed paper, with pages si$ inches in width by nine inches in length, pamphlet form The type used shall not be smaller than twelve point The paper used shall be of sufficient weight to prevent the printing upon one side from being visible upon the other :998 Rules on Notarial Practice SEC$ :$ ur!oses. - These Rules shall be applied and construed to advance the following purposes* 6a8 to promote, serve, and protect public interest: 6b8 to simplify, clarify, and modernize the rules governing notaries public: and 6c8 to foster ethical conduct among notaries public DEF#N#!#ONS ; A"#no$led%ment. - <!c7nowledgment< refers to an act in which an individual on a single occasion* ; 6a8 appears in person before the notary public and presents an integrally complete instrument or document: ; 6b8 is attested to be personally 7nown to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules: and ; 6c8 represents to the notary public that the signature on the instrument or document was voluntarily affi$ed by him for the purposes stated in the instrument or document, declares that he has e$ecuted the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity A&&irmation or 'at( ; The term <!ffirmation< or <9ath< refers to an act in which an individual on a single occasion* ; 6a8 appears in person before the notary public: ; 6b8 is personally 7nown to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules: and ; 6c8 avows under penalty of law to the whole truth of the contents of the instrument or document Commission. - <Commission< refers to the grant of authority to perform notarial acts and to the written evidence of the authority Co/* Certi&i"ation. - <Copy Certification< refers to a notarial act in which a notary public* 6a8 is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable: 6b8 copies or supervises the copying of the instrument or document: 6c8 compares the instrument or document with the copy: and 6d8 determines that the copy is accurate and complete Notarial Re%ister. - <Notarial Register< refers to a permanently bound boo7 with numbered pages containing a chronological record of notarial acts performed by a notary public Jurat. - <=urat< refers to an act in which an individual on a single occasion* 6a8 appears in person before the notary public and presents an instrument or document: 6b8 is personally 7nown to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules: 6c8 signs the instrument or document in the presence of the notary: and 6d8 ta7es an oath or affirmation before the notary public as to such instrument or document Notarial A"t and Notari)ation. - <Notarial !ct< and <Notarization< refer to any act that a notary public is empowered to perform under these Rules Notarial Certi&i"ate. - <Notarial Certificate< refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary>s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules Notary u*li" and Notary. - <Notary Public< and <Notary< refer to any person commissioned to perform official acts under these Rules rincipal. - <Principal< refers to a person appearing before the notary public whose act is the sub?ect of notarization Re%ular la"e o& +or# or Business. - The term <regular place of wor7 or business< refers to a stationary office in the city or province wherein the notary public renders legal and notarial services COMM#SS#ON#NG OF NO!AR> P"L#C ,uali&i"ations. - ! notarial commission may be issued by an 5$ecutive =udge to any %ualified person who submits a petition in accordance with these Rules To be eligible for commissioning as notary public, the petitioner* 6,8 must be a citizen of the Philippines: 638 must be over twenty'one 63,8 years of age: /8 must be a resident in the Philippines for at least one 6,8 year and maintains a regular place of wor7 or business in the city or province where the commission is to be issued: 628 must be a member of the Philippine (ar in good standing with clearances from the 9ffice of the (ar Confidant of the +upreme Court and the #ntegrated (ar of the Philippines: and 6-8 must not have been convicted in the first instance of any crime involving moral turpitude '&&i"ial -eal o& Notary u*li". - 5very person commissioned as notary public shall have only one official seal of office Jurisdi"tion and .erm. - ! person commissioned as notary public may perform notarial acts in any place within the territorial ?urisdiction of the commissioning court for a period of two 638 years commencing the first day of =anuary of the year in which the commissioning is made, unless earlier revo7ed or the notary public has resigned under these Rules and the Rules of Court POWERS AND L#M#!A!#ONS OF NO!AR#ES P"L#C Po,ers ' 6a8 ! notary public is empowered to perform the following notarial acts* 6,8 ac7nowledgments: 638 oaths and affirmations: 6/8 ?urats: 628 signature witnessings: 6-8 copy certifications: and 6.8 any other act authorized by these Rules 6b8 ! notary public is authorized to certify the affi$ing of a signature by thumb or other mar7 on an instrument or document presented for notarization if* 6,8 the thumb or other mar7 is affi$ed in the presence of the notary public and of two 638 disinterested and unaffected witnesses to the instrument or document: 638 both witnesses sign their own names in addition to the thumb or other mar7: 6/8 the notary public writes below the thumb or other mar7* <Thumb or 9ther @ar7 affi$ed by 6name of signatory by mar78 in the presence of 6names and addresses of witnesses8 and undersigned notary public<: and 628 the notary public notarizes the signature by thumb or other mar7 through an ac7nowledgment, ?urat, or signature witnessing 6c8 ! notary public is authorized to sign on behalf of a person who is physically unable to sign or ma7e a mar7 on an instrument or document if* 6,8 the notary public is directed by the person unable to sign or ma7e a mar7 to sign on his behalf: 638 the signature of the notary public is affi$ed in the presence of two disinterested and unaffected witnesses to the instrument or document: 6/8 both witnesses sign their own names : 628 the notary public writes below his signature* <+ignature affi$ed by notary in presence of 6names and addresses of person and two !"# witnesses8<: and 6-8 the notary public notarizes his signature by ac7nowledgment or ?urat ro(i*itions. - 6a8 ! notary public shall not perform a notarial act outside his regular place of wor7 or business: provided, however, that on certain e$ceptional occasions or situations, a notarial act may be performed at the re%uest of the parties in the following sites located within his territorial ?urisdiction* 6,8 public offices, convention halls, and similar places where oaths of office may be administered: 638 public function areas in hotels and similar places for the signing of instruments or documents re%uiring notarization: 6/8 hospitals and other medical institutions where a party to an instrument or document is confined for treatment: and 628 any place where a party to an instrument or document re%uiring notarization is under detention /is0uali&i"ations. - ! notary public is dis%ualified from performing a notarial act if he* 6a8 is a party to the instrument or document that is to be notarized: 6b8 will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, e$cept as provided by these Rules and by law: or 6c8 is a spouse, common'law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree Re&usal to Notari)e. - ! notary public shall not perform any notarial act described in these Rules for any person re%uesting such an act even if he tenders the appropriate fee specified by these Rules if* 6a8 the notary 7nows or has good reason to believe that the notarial act or transaction is unlawful or immoral: 6b8 the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former>s 7nowledge of the conse%uences of the transaction re%uiring a notarial act: and 6c8 in the notary>s ?udgment, the signatory is not acting of his or her own free will False or #ncom/lete Certificate$ ' ! notary public shall not* 6a8 e$ecute a certificate containing information 7nown or believed by the notary to be false 6b8 affi$ an official signature or seal on a notarial certificate that is incomplete 1m!ro!er 1nstruments or /o"uments. - ! notary public shall not notarize* 6a8 a blan7 or incomplete instrument or document: or 6b8 an instrument or document without appropriate notarial certification NO!AR#AL REG#S!ER 2orm o& Notarial Re%ister. - 6a8 ! notary public shall 7eep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting of a permanently bound boo7 with numbered pages RE?OCA!#ON OF COMM#SS#ON AND D#SC#PL#NAR> SANC!#ONS 6,8 fails to 7eep a notarial register: 638 fails to ma7e the proper entry or entries in his notarial register concerning his notarial acts: 6/8 fails to send the copy of the entries to the 5$ecutive =udge within the first ten 6,A8 days of the month following: 628 fails to affi$ to ac7nowledgments the date of e$piration of his commission: 6-8 fails to submit his notarial register, when filled, to the 5$ecutive =udge: 6.8 fails to ma7e his report, within a reasonable time, to the 5$ecutive =udge concerning the performance of his duties, as may be re%uired by the ?udge: 608 fails to re%uire the presence of a principal at the time of the notarial act: 648 fails to identify a principal on the basis of personal 7nowledge or competent evidence: 618 e$ecutes a false or incomplete certificate under +ection -, Rule #": 6,A8 7nowingly performs or fails to perform any other act prohibited or mandated by these Rules: and 6,,8 commits any other dereliction or act which in the ?udgment of the 5$ecutive =udge constitutes good cause for revocation of commission or imposition of administrative sanction unis(a*le A"ts. - The 5$ecutive =udge shall cause the prosecution of any person who* 6a8 7nowingly acts or otherwise impersonates a notary public: 6b8 7nowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public: and 6c8 7nowingly solicits, coerces, or in any way influences a notary public to commit official misconduct AC@NOWLEDGMEN! !c7nowledgment is that formal declaration before an authorized official, by the person who e$ecuted the instrument, that it is his free act and deed #t consists in a certificate by an officer generally attested by an official seal, stating in the substance that the person named therein was 7nown to and before him and ac7nowledged the instrument to be his act and deed #NS!RMEN!S !O "E AC@NOWLEDGED ; Deeds ; Conveyances ; @ortgages ; Bease ; Release and Discharge !ffecting Bands whether registered under !ct 21. or underegistered !c7nowledgment is a personal act C !n instrument can not be ac7nowledged by a person other than the one who e$ecuted it Ac<no,le.gment of instrument of t,o or more /ages an.Aor co-ering t,o or more /arcels of lan. ' Two or more pages includes the page where the ac7nowledgment is written ' 5ach page must be signed on the left margin by the person&s e$ecuting the instrument and their witnesses ' +eal must appear ' +uch fact must appear on the ac7nowledgment AC@NOWLEDGMEN! ?S$ BRA! AC@NOWLEDGMEN! BRA! !ct of one who has e$ecuted a deed, in going before some competent officer or court and declaring it to be his act or deed Part of an affidavit where the officer certifies that the same was sworn before him Two'fold purpose* ,8 to authorize the deed to be given in evidence without further proof of its e$ecution: and 38 to entitle it to be recorded Dives the document a legal character AFF#DA?#!A SWORN S!A!EMEN! AFF#DA?#! ' is an e$'parte statement in writing and sworn to or affirmed before some person legally authorized to administer oath or affirmation PAR!S OF AN AFF#DA?#! , "enue 3 (ody / +ignature of the !ffiant 2 =urat ?ENE ' is the designation of the place where the affidavit was ta7en determines the ?urisdiction of the administering officer "OD>' Refers to the facts or matters alleged to true and under oath ' actual 7nowledge of facts ' allegations must be full, certain and e$act S#GNA!RE OF AFF#AN! ' customary signature BRA! ' is that part of the affidavit in which the officer certifies that the instrument was sworn to before him #t is not a part of the affidavit $%&$C'(&)* AN* $+,'N to before me this ------ day of ------, "../ at the City of -----------, hilippines. Affiant exhibiting to me his0herassport No. ------------------- issued on -------------- at ---------------------. SC#L#CE! ' CSSD to particularize that which has been stated before in general ?#DEL#CE! ' Cto ,itD+ to particularize that which is merely general in the preceding statement @NOWLEDGE OF AFF#AN! ' 7ey %ualification of an affiant and must be stated clearly in the affidavit 1( hereby attest to the truth and veracity of the foregoing facts and circumstances. And ( execute this affidavit for whatever legal purpose this may best serve2 '+3R '2 A..'RN34 A53NC4 /e&ined !rt ,4.4 (y the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter EFFEC! OF A SPEC#AL POWER OF A!!ORNE> !rt ,40/ #f a person specially informs another or states by public advertisement that he has given a power of attorney to a third person, the latter thereby becomes a duly authorized agent, in the former case with respect to the person who received the special information, and in the latter case with regard to any person The power shall continue to be in full force until the notice is rescinded in the same manner in which it was given 6n8 FORMS AND @#NDS OF AGENC> !rt ,40. !n agency is either general or special The former comprises all the business of the principal The latter, one or more specific transactions 6,0,38 GENERAL POWER OF A!!ORNE> !rt ,400 !n agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may e$ecute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management SPEC#AL POWER OF A!!ORNE> !rt ,402 Ehen a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing: otherwise, the sale shall be void WHEN SPEC#AL POWER OF A!!ORNE> #S NECESSAR> !rt ,404 +pecial powers of attorney are necessary in the following cases* 6,8 To ma7e such payments as are not usually considered as acts of administration: 638 To effect novations which put an end to obligations already in e$istence at the time the agency was constituted: 6C9NT8 6/8 To compromise, to submit %uestions to arbitration, to renounce the right to appeal from a ?udgment, to waive ob?ections to the venue of an action or to abandon a prescription already ac%uired: 628 To waive any obligation gratuitously: 6-8 To enter into any contract by which the ownership of an immovable is transmitted or ac%uired either gratuitously or for a valuable consideration: 6C9NT8 6.8 To ma7e gifts, e$cept customary ones for charity or those made to employees in the business managed by the agent: 608 To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration: 648 To lease any real property to another person for more than one year: 618 To bind the principal to render some service without compensation: 6cont8 6,A8 To bind the principal in a contract of partnership: 6,,8 To obligate the principal as a guarantor or surety: 6,38 To create or convey real rights over immovable property: 6,/8 To accept or repudiate an inheritance: 6,28 To ratify or recognize obligations contracted before the agency: 6,-8 !ny other act of strict dominion 6n8 EFFEC!S OF A POWER OF A!!ORNE> !rt ,401 ! special power to sell e$cludes the power to mortgage: and a special power to mortgage does not include the power to sell 6n8 !rt ,44A ! special power to compromise does not authorize submission to arbitration 6,0,/a8 !rt ,44, The agent must act within the scope of his authority )e may do such acts as may be conducive to the accomplishment of the purpose of the agency 6,0,2a8 6cont8 !rt ,443 The limits of the agent>s authority shall not be considered e$ceeded should it have been performed in a manner more advantageous to the principal than that specified by him 6,0,-8 !rt ,44/ #f an agent acts in his own name, the principal has no right of action against the persons with whom the agent has contracted: neither have such persons against the principal EE!#NG#SHMEN! OF !HE AGENC> !rt ,1,1 !gency is e$tinguished* 6,8 (y its revocation: 638 (y the withdrawal of the agent: 6/8 (y the death, civil interdiction, insanity or insolvency of the principal or of the agent: 628 (y the dissolution of the firm or corporation which entrusted or accepted the agency: 6-8 (y the accomplishment of the ob?ect or purpose of the agency: 6.8 (y the e$piration of the period for which the agency was constituted 6,0/3a8 P!RT+ 9F ! P9E5R 9F !TT9RN5F , Declaration to the public or advertisement 3 Name, personal circumstance of principal / #nstallation&institution&appointing the agent 2 5numeration of specific powers granted - Declaration of the giving and granting of the agent to do such acts and the ac7nowledgment of the legality of said acts of the agent to be that of the principal and ratification of the agentGs acts . !CHN9EB5DD@5NT 6cont8 ie.2 63R3B4 5171N5 AN/ 5RAN.1N5 unto my said attorney full power and authority whatsoever re3uisite or necessary or proper to be done in or about the premises, as fully to all intents and purposes as ( might or could lawfully do if personally present, and hereby ratifying all that my said attorney shall do or cause to be done under and by virtue of these presents.2 D55D+ ! .ee. is a legal instrument used to grant or transfer a right The deed is best 7nown as the method of transferring title to real estate from one person to another, often using a description of its <metes and bounds< ' #!EMS !O #NCLDE WHEN MA@#NG A DEED , #t must indicate that the instrument itself conveys some privilege or thing to someone This is indicated by using the word hereby or the phrase by these presents in the sentence indicating the gift 3 The grantor must have the legal ability to grant the thing or privilege / The person receiving the privilege or thing must have the legal capacity to receive it 2 @ust have the signature of the grantor )owever, for conveyances of real estate, the deed must be ac7nowledged before a notary public or a civil law notary and some may re%uire a witness or witnesses in addition - #t must be delivered to and accepted by the recipient CON!RAC!S ! contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service 6!rt ,/A- NCC8 !rt ,/A. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy !rt ,/A4 The contract must bind both contracting parties: its validity or compliance cannot be left to the will of one of them 6,3-.a8 !rt ,/A1 The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made 7nown to both contracting parties !rt ,/,0 No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him ! contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ratified, e$pressly or impliedly, by the person on whose behalf it has been e$ecuted, before it is revo7ed by the other contracting party IN#B!T5R!B D55D&C9NTR!CT (#B!T5R!B D55D&C9NTR!CT "endee&(uyer assumes no obligation "endee&(uyer obliged to do something No need for the vendee or the other party to sign the deed&contract nor the ac7nowledgment "endee or the other party must sign both the deed and the ac7nowledgment LEASE !rt ,.23 The contract of lease may be of things, or of wor7 and service 6,-238 !rt ,.2/ #n the lease of things, one of the parties binds himself to give to another the en?oyment or use of a thing for a price certain, and for a period which may be definite or indefinite )owever, no lease for more than ninety'nine years shall be valid art ,.20 #f a lease is to be recorded in the Registry of Property, the following persons cannot constitute the same without proper authority* the husband with respect to the wife>s paraphernal real estate, the father or guardian as to the property of the minor or ward, and the manager without special power !rt ,.24 5very lease of real estate may be recorded in the Registry of Property Inless a lease is recorded, it shall not be binding upon third persons 6,-21a8 !rt ,.21 The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary !rt ,.-A Ehen in the contract of lease of things there is no e$press prohibition, the lessee may sublet the thing leased, in whole or in part, without pre?udice to )is res/onsibilit* for t)e /erformance of t)e contract to,ar. t)e lessor$ O!HER S!#PLA!#ONS #N A CON!RAC! OF LEASE ' 9bligations of the Bessor '9bligations of the Bessee '!mount of Rent plus Deposit and !dvance Rentals 'Term of Bease '@ode of Payment and penalties in case of delay +!@PB5 F9R@+ , +#@PB5 !CHN9EBDD@5NT A C @ N O W L E D G M E N ! R5PI(B#C 9F T)5 P)#B#PP#N5+8 C#TF 9F 8 ++ (5F9R5 @5, Notary Public this JJJJJJJ day of JJJJJJJJJJJJJJJ, 3AA0 in and for the City aforesaid, personally appeared FFFFFFFFFFFFFFF with +++ #D No JJJJJJJJJJJ issued on JJJJJJJJJJJJ at JJJJJJJJJJJJJ, Philippines, 7nown to me and to me 7nown to be the same person who signed and e$ecuted the foregoing instrument and ac7nowledged to me that the same is his own free and voluntary act and deed E#TN5++ @F )!ND !ND N9T!R#!B +5!B on the date and place first above'written Doc No JJJJJJJJJ: Page No JJJJJJJJJ: N9T!RF PI(B#C (oo7 No JJJJJJJJJ: +eries of 3AA0 A C @ N O W L E D G M E N ! R5PI(B#C 9F T)5 P)#B#PP#N5+8 C#TF 9F 8 ++ !t the City of JJJJJJJJJJ, Philippines this JJJJJ day of JJJJJ, 3AA0 personally appeared JJJJJJJJJJJJJ, 7nown to me to be the same person who signed and e$ecuted the foregoing instrument and ac7nowledged to me that the same is his own free and voluntary act and deed The party e$hibiting to me his Passport No JJJJJJJJJJJJ issued on JJJJJJJJJJJJ at JJJJJJJJJJJJJJJ Doc No JJJJJJJJJ: Page No JJJJJJJJJ: N9T!RF PI(B#C (oo7 No JJJJJJJJJ: +eries of 3AA0 3 !CHN9EB5DD@5NT 9F ! D9CI@5NT C9N+#+T#ND 9F TE9 638 9R @9R5 P!D5+& TE9 9R @9R5 P5R+9N+ A C @ N O W L E D G M E N ! R5PI(B#C 9F T)5 P)#B#PP#N5+8 C#TF 9F 8 ++ (5F9R5 @5, Notary Public this JJJJJJJ day of JJJJJJJJJJJJJJJ, 3AA0 in and for the City aforesaid, personally appeared FFFFFFFFFFFFFFF with +++ No JJJJJJJJJJJ issued on JJJJJJJJJJJJ at JJJJJJJJJJJJJ, Philippines, 7nown to me and to me 7nown to be the same person who signed and e$ecuted the foregoing instrument and ac7nowledged to me that the same is his own free and voluntary act and deed This document consisting of two 638 pages including this page where the ac7nowledgment is written pertains to a JJJJJJJJJJJJJJJJ and for which the party has affi$ed his signature on the left margin of each and every page E#TN5++ @F )!ND !ND N9T!R#!B +5!B on the date and place first above'written Doc No JJJJJJJJJ: Page No JJJJJJJJJ: N9T!RF PI(B#C (oo7 No JJJJJJJJJ: +eries of 3AA0 A C @ N O W L E D G M E N ! R5PI(B#C 9F T)5 P)#B#PP#N5+8 C#TF 9F 8 ++ (5F9R5 @5, Notary Public this JJJJJJJ day of JJJJJJJJJJJJJJJ, 3AA0 in and for the City aforesaid, personally appeared the following persons, to wit* ,JJJJJJJJJJJJ with Postal #D No JJJJJJJJJJJ issued on JJJJJat JJJJJJJJJJJJJJ 3 JJJJJJJJJJJJ with "oterGs #D No JJJJJJJJJJJ issued on JJJJJat JJJJJJJJJJJJJ 7nown to me and to me 7nown to be the same person who signed and e$ecuted the foregoing instrument and ac7nowledged to me that the same is their own free and voluntary act and deed E#TN5++ @F )!ND !ND N9T!R#!B +5!B on the date and place first above'written Doc No JJJJJJJJJ: Page No JJJJJJJJJ: N9T!RF PI(B#C (oo7 No JJJJJJJJJ: +eries of 3AA0 A C @ N O W L E D G M E N ! R5PI(B#C 9F T)5 P)#B#PP#N5+8 C#TF 9F 8 ++ (5F9R5 @5, Notary Public this JJJJJJJ day of JJJJJJJJJJJJJJJ, 3AA0 in and for the City aforesaid, personally appeared the following persons, to wit* ,JJJJJJJJJJJJ with +++ No JJJJJJJJJJJ issued on JJJJJat JJJJJJJJJJJJJJ 3 JJJJJJJJJJJJ with Passport No JJJJJJJJJJJ issued on JJJJJat JJJJJJJJJJJJJ 7nown to me and to me 7nown to be the same person who signed and e$ecuted the foregoing instrument and ac7nowledged to me that the same is their own free and voluntary act and deed This document consisting of two 638 pages including this page where the ac7nowledgment is written pertains to a JJJJJJJJJJJJJJJJ and for which the parties have affi$ed their signature on the left margin of each and every page E#TN5++ @F )!ND !ND N9T!R#!B +5!B on the date and place first above'written Doc No JJJJJJJJJ: Page No JJJJJJJJJ: N9T!RF PI(B#C (oo7 No JJJJJJJJJ: +eries of 3AA0 / !FF#D!"#T REPUBLIC OF THE PHILIPPINES] CITY OF CEBU ] S.S. AFFIDAVIT OF _______ I, _______________, Filipino, of legal age, a e!i"en# of Ce$% Ci#&, P'ilippine!, af#e 'a(ing $een "%l& !)on #o in a**o"an*e )i#' la), "o 'ee$& "epo!e an" !a& #'a#+ ,. -----. /. -----. 0. -----. 1. I a2 e3e*%#ing #'i! affi"a(i# fo #'e p%po!e of e!#a$li!'ing #'e (ea*i#& of #'e foegoing fa*#! an" fo )'a#e(e o#'e legal p%po!e #'i! 2a& $e!# !e(e. IN 4ITNESS 4HEREOF, I 'a(e 'ee%n#o !e# 2& 'an" #'i! ____ "a& of _______a# #'e Ci#& of Ce$%. ___________________ 5ffian# SUBSCRIBE6 5N6 S4ORN TO $efoe 2e #'i! ______ "a& of _______, /778 a# #'e Ci#& of Ce$%. 5ffian# e3'i$i#ing #o 2e 'i! 6i(e9! Li*en!e No. _______i!!%e" on__________, /778 a# Ce$% Ci#&. NOT5RY PUBLIC 6o*. No. _______. Page No. _______. Boo: No. _______. Seie! of /778. 1. SPECI5L PO4ER OF 5TTORNEY SPECIAL POWER OF ATTORNEY ;NO4 5LL <EN BY THESE PRESENTS+ I, ________________, of legal age, Filipino, 2aie", e!i"en# of ________, "o 'ee$& na2e, *on!#i#%#e an" appoin# ________________________, #o $e 2& #%e an" la)f%l a##one&=in=fa*#, fo 2e an" in 2& na2e, pla*e an" !#ea", #o "o an" pefo2 #'e follo)ing a*#! an" #'ing! #o )i#+ ,. To epe!en# 2e $efoe Pofe!!ional Reg%la#ion! Co22i!!ion >PRC? an" #o *lai2 fo an" in 2& $e'alf 2& li*en!e a! a egi!#ee" n%!e.
/. To !ign an& an" all "o*%2en#! ne*e!!a&. 0. To "o an& an" all a*#! ne*e!!a& !o a! #o gi(e f%ll effe*# #o #'e foegoing a%#'oi#ie! !#a#e". HEREBY GIVING AND GRANTING %n#o !ai" a##one&=in=fa*# f%ll po)e an" a%#'oi#& e@%i!i#e, ne*e!!a& o pope #o $e "one in an" a$o%# #'e pe2i!e! a! f%ll& #o all in#en#! an" p%po!e! a! I 2ig'# o *o%l" la)f%ll& "o if pe!onall& pe!en#, an" 'ee$& a#if&ing an" *onfi2ing all #'a# 2& !ai" a##one&=in=fa*# o 'e !%$!#i#%#e !'all la)f%ll& "o o *a%!e #o $e "one %n"e an" $& (i#%e of #'e!e pe!en#!. IN 4ITNESS 4HEREOF, I 'a(e 'ee%n#o !e# 2& 'an" #'i! _____ "a& of 6e*e2$e, /7,,. ________________________ Pin*ipal SIANE6 IN THE PRESENCE OF+ ________________________ ________________________ REPUBLIC OF THE PHILIPPINES] CITY OF CEBU ] S.S. A C K N O W L E D G M E N T BEFORE <E, a No#a& P%$li* #'i! _______ of 6e*e2$e, /7,, a# #'e Ci#& of Ce$%, pe!onall& appeae" ___________ )i#' 'e Pa!!po# No. ____________ i!!%e" on ________________ a# _________. :no)n #o 2e #'e !a2e pe!on )'o e3e*%#e" #'e foegoing Spe*ial Po)e of 5##one& fo )'i*' !'e a*:no)le"ge #o $e 'e pe!onal (ol%n#a& a*# an" "ee". 4ITNESS <Y H5N6 5N6 SE5L on #'e an" pla*e fi!# a$o(e )i##en. 6o* No. ________. NOTARY PUBLIC Page No. _______. Boo: No. _______. Seie! of /7,,. SPECIAL POWER OF ATTORNEY ;NO4 5LL <EN BY THESE PRESENTS+ I, ________________, of legal age, Filipino, 2aie", e!i"en# of ________, "o 'ee$& na2e, *on!#i#%#e an" appoin# ________________________, #o $e 2& #%e an" la)f%l a##one&=in=fa*#, fo 2e an" in 2& na2e, pla*e an" !#ea", #o "o an" pefo2 #'e follo)ing a*#! an" #'ing! #o )i#+ ,. To epe!en# 2e $efoe Regi!#e of 6ee"! of Ce$% Ci#& an" #o po*e!! #'e elea!e of #'e Tan!fe Ce#ifi*a#e of Ti#le o(e #'e pope#& I 'a(e p%*'a!e" fo2 Spo%!e! _____________ in(ol(ing a pa*el of lan", Lo# No. ________ !i#%a#e" a# ________ )i#' Tan!fe Ce#ifi*a#e of Ti#le N%2$e ,/01.
/. To !ign an& an" all "o*%2en#! ne*e!!a& fo #'e po*e!!ing an" #'e elea!e of #'e !ai" Tan!fe Ce#ifi*a#e of Ti#le %n"e 2& na2e a! #'e "%l& egi!#ee" o)ne. 0. To #%n o(e #'e !ai" Tan!fe Ce#ifi*a#e of Ti#le "%l& egi!#ee" in 2& na2e #o 2&!elf )i#'in #'i#& "a&! fo2 elea!e of #'e !ai" #i#le. 1. To "o an& an" all a*#! ne*e!!a& !o a! #o gi(e f%ll effe*# #o #'e foegoing a%#'oi#ie! !#a#e". HEREBY GIVING AND GRANTING %n#o !ai" a##one&=in=fa*# f%ll po)e an" a%#'oi#& e@%i!i#e, ne*e!!a& o pope #o $e "one in an" a$o%# #'e pe2i!e! a! f%ll& #o all in#en#! an" p%po!e! a! I 2ig'# o *o%l" la)f%ll& "o if pe!onall& pe!en#, an" 'ee$& a#if&ing an" *onfi2ing all #'a# 2& !ai" a##one&=in=fa*# o 'e !%$!#i#%#e !'all la)f%ll& "o o *a%!e #o $e "one %n"e an" $& (i#%e of #'e!e pe!en#!. IN 4ITNESS 4HEREOF, I 'a(e 'ee%n#o !e# 2& 'an" #'i! _____ "a& of 6e*e2$e, /7,,. ________________________ Pin*ipal SIANE6 IN THE PRESENCE OF+ ________________________ ________________________ REPUBLIC OF THE PHILIPPINES] CITY OF CEBU ] S.S. A C K N O W L E D G M E N T BEFORE <E, a No#a& P%$li* #'i! _______ of 6e*e2$e, /7,, a# #'e Ci#& of Ce$%, pe!onall& appeae" ___________ )i#' 'e Pa!!po# No. ____________ i!!%e" on ________________ a# _________. :no)n #o 2e #'e !a2e pe!on )'o e3e*%#e" #'e foegoing Spe*ial Po)e of 5##one& fo )'i*' !'e a*:no)le"ge #o $e 'e pe!onal (ol%n#a& a*# an" "ee". T'i! "o*%2en# *on!i!#ing of #)o page! in*l%"ing #'i! page in )'i*' #'e a*:no)le"g2en# i! )i##en 'a! $een !igne" $& #'e in!#%2en#al )i#ne!!e! an" #'e pin*ipal on ea*' an" e(e& page 4ITNESS <Y H5N6 5N6 SE5L on #'e an" pla*e fi!# a$o(e )i##en. 6o* No. ________. NOTARY PUBLIC Page No. _______. Boo: No. _______. Seie! of /7,,. B. CORPOR5TE 6OCU<ENTS BO5R6 RESOLUTION 4HERE5S,________________. i! a *opoa#ion "%l& e3i!#ing fo an" $& (i#%e of #'e la)! of #'e Rep%$li* of #'e P'ilippine! )i#' pin*ipal offi*e a#__________. 4HERE5S, ---- NO4 THEREFORE, fo an" in *on!i"ea#ion of #'e foegoing i# i! 'ee$& agee" a! follo)!+ RESOLCE6 a! i# i! 'ee$& e!ol(e" #'a# ----- RESOLCE6 FURTHER #'a# ----- IN 4ITNESS 4HEREOF, #'e pa#ie! 'a(e 'ee%n#o !e# #'ei 'an"! #'i! ______ "a& of <a&, /77D a# Ce$% Ci#&, P'ilippine! 6IRECTOR 6IRECTOR SECRETARYS CERTIFICATE I, ___________, Filipino, of legal age, a e!i"en# of ______Ci#&, af#e 'a(ing $een "%l& !)on #o in a**o"an*e )i#' la), "o 'ee$& "epo!e an" !a& #'a#+ ,. I a2 #'e Copoa#e Se*e#a& of _____ /. On ________a Spe*ial Boa" of 6ie*#o! <ee#ing )a! 'el" a# __________. 0. T'e follo)ing Boa" Re!ol%#ion )a! pa!!e"+ RESOLVED XXXX RESOLVED FURTHER that XXX 1. T'e !ai" Boa" Re!ol%#ion 'a! no# $een e(o:e" o in(ali"a#e" $& a !%$!e@%en# e!ol%#ion. FURHTER 5FFI5NT S5YETH N5UAHT. ________Ci#&, P'ilippine!. ______ ____________________ Copoa#e Se*e#a& SUBSCRIBE6 5N6 S4ORN #o $efoe 2e #'i! _______ "a& of E%l&, /77D a# Ce$% Ci#&, P'ilippine!. 5ffian# e3'i$i#ing #o 2e 'i! 6i(e9! Li*en!e No. ___________________ i!!%e" on ____________ a# ___________________. NOT5RY PUBLIC 6o* No. ________. Page No. _______. Boo: No. _______. Seie! of /77D. REPUBLIC OF THE PHILIPPINES ? CITY OF CEBU ?S.S. TREASURERS AFFIDAVIT I, __________________________, of legal age, !ingle an" a e!i"en# of Ce$% Ci#&, af#e $eing "%l& !)on, "epo!e an" !a&+ ,. T'a# I 'a(e $een ele*#e" $& #'e !%$!*i$e! of #'e *opoa#ion a! Tea!%e #'eeof #o a*# a! !%*' %n#il 2& !%**e!!o 'a! $een "%l& ele*#e" an" @%alifie" in a**o"an*e )i#' #'e $& F la)! of #'e *opoa#ion, an" #'a# a! !%*' Tea!%e, I 'ee$& *e#if& %n"e oa#' #'a# a# lea!# /BG of #'e a%#'oiHe" *api#al !#o*: of #'e *opoa#ion 'a! $een !%$!*i$e" an" a# lea!# /BG of #'e !%$!*ip#ion 'a! $een pai", an" e*ei(e" $& 2e in *a!' fo #'e $enefi# an" *e"i# of #'e *opoa#ion. /. T'i! i! al!o #o a%#'oiHe #'e Se*%i#ie! an" E3*'ange Co22i!!ion an" Bang:o Sen#al Ng Pilipina! #o e3a2ine an" (eif& #'e "epo!i# in #'e N5<E OF THE B5N; , ___________ $an*', in 2& na2e a! #ea!%e in #%!# fo #'e N5<E OF THE CO<P5NY. in #'e a2o%n# of _________________ PESOS ONLY >P___777.77? epe!en#ing #'e pai"=%p *api#al of #'e !ai" *opoa#ion )'i*' i! in #'e po*e!! of in*opoa#ion. 0. T'i! a%#'oi#& i! (ali" an" in!pe*#ion of !ai" "epo!i# 2a& $e 2a"e e(en af#e #'e i!!%an*e of #'e Ce#ifi*a#e of In*opoa#ion #o #'e *opoa#ion. S'o%l" #'e "epo!i# $e #an!fee" #o ano#'e $an: pio #o o af#e in*opoa#ion, #'i! )ill al!o !e(e a! a%#'oi#& #o (eif& an" e3a2ine #'e !a2e. T'e epe!en#a#i(e of #'e Se*%i#ie! an" E3*'ange Co22i!!ion i! al!o a%#'oiHe" #o e3a2ine #'e pe#inen# $oo:! an" e*o"! of a**o%n#! of #'e *opoa#ion a! )ell a! all !%ppo#ing pape! #o "e#e2ine #'e %#iliHa#ion an" "i!$%!e2en# of #'e !ai" pai" %p *api#al. 1. In *a!e #'e !ai" pai"=%p *api#al i! no# "epo!i#e" o )i#'"a)n pio #o #'e appo(al of #'e a#i*le! of in*opoa#ion, I, in $e'alf of #'e a$o(e na2e" *opoa#ion, )ai(e o% ig'# #o a no#i*e an" 'eaing in #'e e(o*a#ion of o% Ce#ifi*a#e of In*opoa#ion. IN WITNESS WHEREOF, I 'ee%n#o affi3 2& !igna#%e #'i! __________ /7,/, in Ce$% Ci#&, P'ilippine!.
______________________ 5ffian# Pa!!po# No. ___________ I!!%e" on ____________ I!!%e" a# ____________E3pie! on ____________
SUBSCRIBED AND SWORN TO $efoe 2e, #'i! _______ "a& of ____________, /7,/. 5ffian# pe!en#ing #o 2e 'e *o2pe#en# e(i"en*e of i"en#i#& a! !#a#e" a$o(e.
SUBSCRIBE6 5N6 S4ORN #o $efoe 2e #'i! ____ "a& of_______, /77_ a# #'e Ci#& of Ce$%, affian# e3'i$i#ing #o 2e #'ei *o2pe#en# e(i"en*e of i"en#i#& an" #'e "a#e an" pla*e i!!%e a! !#a#e" a$o(e. NOT5RY PUBLIC 6o* No.______. Boo: No._____. Page No._____. Seie! of /77__. REPULIC OF THE PHILIPPINES] CITY OF CEBU ] S.S. SECRETARYS CERTIFICATE I, M A V, Filipino, of legal age, 2aie"K!ingle, a e!i"en# of Ce$% Ci#&, P'ilippine!, af#e 'a(ing $een "%l& !)on #o in a**o"an*e )i#' la), "o 'ee$& "epo!e an" !a& #'a#+ ,. I a2 #'e Copoa#e Se*e#a& of ___________ CORP., a *opoa#ion "%l& e3i!#ing fo an" $& (i#%e of #'e la)! #'e Rep%$li* of #'e P'ilippine! )i#' pin*ipal offi*e a#_____________., Ce$% Ci#& /. T'a# on Ean%a& /7, /7,/ "%ing a Spe*ial Boa" of 6ie*#o! <ee#ing )ee a @%o%2 )a! ea*'e", #'e follo)ing e!ol%#ion )a! pa!!e" an" appo(e", #o )i#+ RESOLVE AS IT IS HEREBY RESOLVED that th! "#$%a&' #%!& a (#))a* a""#+&t ,-th C-t-Ba&. RESOLVE FURTHER that M*/ _________________ th! $a&a0!* a&( M1/ _______________ th! F-&a&"! h!a( #2 th! "#$%a&' a*! h!*!3' a+th#*-4!( t# #%!& th! 1a-( 3a&. a""#+&t ,-th C-t-Ba&./ RESOLVE FINALLY that th! t,# 1-0&at+*!1 #2 th! a3#5! a+th#*-4!( %!*1#&1 1ha)) 3! &!"!11a*' t# !22!"t th! t*a&1a"t-#&1 #2 th! "#*%#*at-#& SPECIMEN SIGNATURE 6/ M*/ ______________________ 7 ______________________ 8/ M1/ ______________________ 7 ______________________ 0. T'a# #'e !ai" e!ol%#ion 'a! no# $e e(o:e" o a2en"e" #o "a#e. FURTHER 5FFI5NT S5YETH N5UAHT. Ce$% Ci#&, P'ilippine!. Ean%a& 0,, /7,/. MAV Copoa#e Se*e#a& SUBSCRIBE6 5N6 S4ORN #o $efoe 2e #'i! ____ "a& of_______, /7,/ a# #'e Ci#& of Ce$%, affian# e3'i$i#ing #o 2e 'e SSS I6 No. ___________ i!!%e" on _______________ a# ________________. NOT5RY PUBLIC 6o* No.______. Boo: No._____. Page No._____. Seie! of /7,/. - D55D 9F C9ND#T#9N!B +!B5 DEED OF CONDITIONAL SALE ;NO4 5LL <EN BY THESE PRESENTS+ T'i! 6ee" of Con"i#ional Sale e3e*%#e" $& an" $e#)een+ ______________________, of legal age, Filipino, 2aie" #o_________________, of legal age, _____________________________ Ci#&, 'eeinaf#e efee" #o a! #'e VENDOR =5N6= _____________________, of legal age, Filipino, 2aie" an" a e!i"en# of _____________________ Ci#&, P'ilippine!, 'eeinaf#e efee" #o a! #'e LVENDEEL. WITNESSETH9 That 7 4HERE5S, #'e CEN6OR i! #'e la)f%l an" egi!#ee" o)ne of a *e#ain pa*el of lan" egi!#ee" a! Tan!fe Ce#ifi*a#e of Ti#le No. ___________ *on#aining an aea of ____________ !@%ae 2e#e! 2oe o le!! an" 2oe pa#i*%lal& "e!*i$e" a! follo)!+ I____________________________.J 4HERE5S, #'e CEN6OR "e!ie! #o !ell #'e a$o(e "e!*i$e" pope#& #o #'e CEN6EE an" #'e la##e i! )illing #o p%*'a!e #'e !a2e fo2 #'e CEN6OR. NOW THEREFORE, fo an" in *on!i"ea#ion of #'e foegoing pe2i!e! an" #'e *o(enan#! 'eeinaf#e !#ip%la#e", #'e pa#ie! 'ee$& agee a! follo)!+ A/ P+*"ha1! P*-"! AND t!*$1 #2 %a'$!&t = B/ T*a&12!* #2 O,&!*1h-% = To !e*%e #'e pa&2en# of #'e $alan*e of #'e p%*'a!e pi*e an" o#'e o$liga#ion! of #'e CEN6EE %n"e #'i! 5gee2en#, #i#le o o)ne!'ip o(e #'e !%$Me*# pope#& i! e3pe!!l& e!e(e" $& #'e CEN6OR an" !'all $e #an!fee" #o #'e CEN6EE onl& %pon f%ll pa&2en# of #'e p%*'a!e pi*e. E/ A31#)+t! D!!( #2 Sa)! = Upon f%ll pa&2en# of #'e $alan*e of #'e p%*'a!e pi*e, #'e CEN6OR !'all i22e"ia#el& e3e*%#e, !ign an" "eli(e all ne*e!!a& "o*%2en#! an"Ko a$!ol%#e "ee" of !ale, #o #'e CEN6EE #o allo) #'e la##e #o #an!fe #i#le o(e #'e pope#& #'ei na2e. F/ P*!t!*$-&at-#& F In *a!e of pe=#e2ina#ion of #'i! 6ee" of Con"i#ional Sale, CEN6OR o$lige! #o ei2$%!e #'e CEN6EE of #'e #o#al a2o%n# pai" !%$Me*# #o 2%#%al #e2! an" agee2en# $& $o#' pa#ie!. IN WITNESS WHEREOF, #'e pa#ie! 'a(e 'ee%n#o !e# #'ei 'an"! an" affi3e" #'ei !igna#%e! #'i! _____________ a# _____________, P'ilippine!. _______________________ ______________________ VENDOR VENDOR: 1%#+1! "#&1!&t ______________________ VENDEE SIANE6 IN THE PRESENCE OF+ __________________ __________________ REPUBLIC OF THE PHILIPPINES] CITY OF CEBU N S.S. A C K N O W L E D G M E N T . D55D 9F +!B5 DEED OF ABSOLUTE SALE HN9E !BB @5N (F T)5+5 PR5+5NT+* #, FFFFFFFFFFFFFFFFFFF, of legal age, Filipino, a resident of JJJJJJJJJJJJJJJJJJJ City, Philippines, for and in consideration of the sum of JJJJJJJJJJJJJJJJJ 6JJJJJJJJJAA8, Philippine Currency, to me in hand paid by FFFFFFFFFFFFFFFFFF, of legal age, Filipino, married to JJJJJJJJJJJJJ, a resident of JJJJJJJJJJJJJJJJJJJ City, Philippines, receipt of which in full is hereby ac7nowledged, do by these presents +5BB, C5D5, TR!N+F5R, !++#DN and C9N"5F unto the said FFFFFFFFFFFFFFFFFF, her assigns and&or successors'in'interest, one 6,8 unit motor vehicle, more particularly described as follows* TFP5 * @!H5 * +5R#!B NI@(5R C)!+#+ NI@(5R * PB!T5 NI@(5R * C9B9R * of which # am the absolute and registered owner as evidenced by a certificate of registration with the Band Transportation 9ffice and hereby warrant the same is free from any lien and encumbrance IN 4ITNESS 4HEREOF, I 'a(e 'ee%n#o !e# 2& 'an" an" affi3e" 2& !igna#%e #'i! ______ "a& of ____________,/778 a# ________ Ci#&, P'ilippine!. FFFFFFFFFFFFFFFFFFFFFFFF +#DN5D #N T)5 PR5+5NC5 9F* JJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJ AC@NOWLEDGMEN! 0 C9NTR!CT 9F B5!+5 CONTRACT OF LEASE T'i! Con#a*# of Lea!e i! en#ee" in#o $& an" $e#)een+ __________________'eeinaf#e efee" #o a! #'e LESSOR =5N6= _______________'eeinaf#e efee" #o a! #'e LESSEE 4ITNESSETH 4HERE5S, LESSOR i! #'e o)ne of ______________ 4HERE5S, LESSOR agee! #o lea!e #'e ______________ 4HERE5S, LESSEE agee! #o lea!e #'e !ai" pope#& of #'e LESSOR !%$Me*# #o #'e follo)ing *on"i#ion! a! 2a& $e !e# fo#' in #'i! *on#a*#. NO4 THEREFORE, fo an" in *on!i"ea#ion of #'e foegoing, #'e pa#ie! 'ee$& agee a! follo)!+ , T5R@+ 3 D5P9+#T / PR5T5R@#N!T#9N !ND T5R@#N!T#9N 2 C9ND#T#9N+ F9R I+5&+I(B5!+5& - 9T)5R @ITI!BBF !DR55D PR9"#+#9N+ IN 4ITNESS 4HEREOF, #'e pa#ie! 'a(e 'ee%n#o !e# #'ei 'an"! #'i! ________ "a& of __________________, /77D a# #'e Ci#& of Ce$%, P'ilippine!. Le!!o Le!!o Le!!ee Signe" in #'e pe!en*e of+ _________________________ _________________________ AC@NOWLEDGMEN! R5!B 5+T!T5 @9RTD!D5 is one which is agreed upon between the parties, or created in accordance with the will of the owner of the property upon which the same is constituted #t may be created only by a person who has the free disposition of the property, or is authorized to do in accordance with law R5KI#+#T5+ 9F ! "!B#D @9RTD!D5 a8 constituted to secure the fulfillment of principal obligation b8 sub?ect matter should be immovable property, or real right c8 property is owned by the mortgagor d8 mortgagor has a free disposition of the property e8 the thing may be sold when the principal obligation becomes due F9R@ !ND C9NT5NT a8 must be in writing and should contain the following* ' name, status, age and residence of the mortgagor, and if married, name of spouse and the name of the mortgagee ' statement that the mortgagor is the owner of the property mortgaged, that he can freely dispose of the same, and the property in un' emcumbered ' definite description of the property ' if the property is registered under the Torrens +ystem, the number of the certificate of title should be mentioned 6+!@PB5 F9R@ R5!B 5+T!T5 @9RTD!D58 C)!TT5B @9RTD!D5 ' ! conditional sale of personal property as security for the payment of a debt, or the performance of some other obligation specified therein, the condition being that the sale shall be void upon the seller paying to the purchaser a sum of money or doing some act as named ' !BE!F+ !TT!C) !N !FF#D!"#T 9F D99D F!#T) +!@PB5 F9R@* CHA!!EL MOR!GAGE HN9E !BB @5N (F T)5+5 PR5+5NT+* #, 6 Name of Mortgagor8 of legal age, single&married toJJJJJJJJJJJJJJJJJJJJ with postal address at JJJJJJJJJJJJJJJJJJJJJJJJJJJJJhereinafter 7nown as the @9RTD!D9R, and JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ of legal age, single&married to JJJJJJJJJJJJJJJJJJJJJJ with postal address at JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ hereinafter 7nown as the @9RTD!D55, witnesseth* That the @9RTD!D9R is indebted unto the @9RTD!D55 in the sum of 6Amount in Wor.s8 6AAA,AAAAA8, Philippine Currency, receipt of which is ac7nowledged by the @9RTD!D9R upon the signing of this instrument, payable within a period of JJJJJ years, with interest thereon at the rate of 6JJJ8 G /er annum: That for, and consideration of , this indebtedness, and to assure the performance of said obligation to pay, the @9RTD!D9R hereby conveys by way of C)!TT5B @9RTD!D5 unto the @9RTD!D55, his heirs and assigns, the following personalty now in the possession of said @9RTD!D9R @!H5 * @9T9R N9 * +5R#5+ * +5R#!B&C)!++#+ N9 * TFP5 9F (9DF * PB!T5 N9 * F5!R @9D5B * F#B5 N9 *
That the condition of this obligation is that should the @9RTD!D9R perform the obligation to pay the hereinabove cited indebtedness of 6!mount in Eords8 6AAA,AAAAA8 together with accrued interest thereon, this chattel mortgage shall at once become null and void and of no effect whatsoever, otherwise, it shall remain in full force and effect
#N E#TN5++ E)5R59F, the parties have hereunto set their hands, this JJJJday of JJJJJJ 3AA4JJJJJJ at JJJJ Philippines
Republic of the Philippines8 JJJJJJJJJJJJJJJJJJJJJJJJ 8 ++ (5F9R5 @5, personally appeared* Name Passport Number Date&Place #ssued 6Name of @ortgagor8 ,AAAAAAA =an A,, A4 & Kuezon City 6Name of @ortgagee8 ,AAAAAAA =an ,,, A4 & Bas Pinas City Hnown to me and to me 7nown to be the same persons who e$ecuted the foregoing instrument and ac7nowledged to me that the same is their free and voluntary act and deed E#TN5++ @F )!ND !ND +5!B, on the date and place first above written
Notar* Public Doc NoJJJJJJ: Page No JJJJJJ: (oo7 NoJJJJJJ: +eries of 3AA4
Note* Chattel mortgages re%uires an !ffidavit of Dood Faith
AFF#DA?#! OF GOOD FA#!H Ee, the undersigned @9RTD!D9R !ND @9RTD!D55 hereby ?ointly and severally swear that we e$ecuted the foregoing Chattel @ortgage in order to secure the indebtedness therein and for no other purpose or purposes contrary to law JJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJ @9RTD!D9R @9RTD!D55
CER!#F#CA!#ON OF NONHFORM SHOPP#NG #, JJJJJJJJJJJJJJJJJJJJJJJ, of legal age, after having been duly sworn in accordance with law, depose and state that* , # am a plaintiff in the above'stated case: 3 # caused the preparation of the foregoing complaint: / # have read the contents thereof and the facts stated therein are true and correct of my personal 7nowledge and&or on the basis of copies of documents and records in my possession: 2 # have not commenced any other action or proceeding involving the same issues in the +upreme Court, the Court of !ppeals, or any other tribunal or agency: - To the best of my 7nowledge and belief, no such action or proceeding is pending in the +upreme Court, the Court of !ppeals, or any other tribunal or agency: . #f # should thereafter learn that a similar action or proceeding has been filed or is pending before the +upreme Court, the Court of !ppeals, or any other tribunal or agency, # underta7e to report that fact within five 6-8 days therefrom to this )onorable Court
JJJJJJJJJJJJJJJJJJJJJJJJJJJ !ffiant
+I(+CR#(5D !ND +E9RN to before me this JJJ day of JJJJJJJJJJ 3AAA at JJJJJJJJJJJJJJJJJ affiant e$hibiting to me his Passport NoJJJJJJJJJJJJJJJJJJJJ issued on JJJJJJJJJJJJJJJJ 3AAA at @anila
Doc No : Page No : (oo7 No : +eries of 3AAA "5R#F#C!T#9N #, JJJJJJJJJJJJJJJJJJJJJJJ, of legal age, after having been duly sworn in accordance with law, depose and state that* , # am a plaintiff in the above'stated case: 3 # caused the preparation of the foregoing complaint: / # have read the contents thereof and the facts stated therein are true and correct of my own personal 7nowledge and&or on the basis of copies of authentic documents and records in my possession: JJJJJJJJJJJJJJJJJJJJJJJJJJJ !ffiant
+I(+CR#(5D !ND +E9RN to before me this JJJ day of JJJJJJJJJJ 3AAA at JJJJJJJJJJJJJJJJJ affiant e$hibiting to me his Passport NoJJJJJJJJJJJJJJJJJJJJ issued on JJJJJJJJJJJJJJJJ 3AAA at @anila
Doc No : Page No : (oo7 No : +eries of 3AAA PB5!D#ND+ Rule ( PLEAD#NGS #N GENERAL +ection , leadings defined.L Pleadings are the written allegations of the parties of their respective claims and defenses submitted to the court for trial and ?udgment +ec 3 leadings allowed.L The pleadings allowed by these rules are the complaint, the answer, the counterclaim, the cross'claim, the reply, the third'party complaint, he fourth'party complaint, and other similar complaints +ec / Complaint.L The complaint is a concise statement of the ultimate facts constituting the plaintiff>s cause or causes of action #t shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed ?ust or e%uitable The names and residences of the parties plaintiff and defendant must be stated in the complaint +ec 2 Answer.L !n answer is a pleading in which a defendant or other adverse party sets forth the negative and affirmative defenses upon which he relies +ec - *efenses.L 6a8 Negative defense is the specific denial of the material fact or facts alleged in the complaint essential to the plaintiff>s cause or causes of action 6b8 !n affirmative defense is an allegation of new matter which, while admitting the material allegations of the complaint, e$pressly or impliedly, would nevertheless prevent or bar recovery by the plaintiff The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in ban7ruptcy, and all other matter by way of confession and avoidance +ec . Counterclaim.L ! counterclaim is any claim for money or other relief which a defending party may have against an opposing party ! counterclaim need not diminish or defeat the recovery sought by the opposing party, but may claim relief e$ceeding in amount or different in 7ind from that sought by the opposing party>s claim +ec 0 Cross-claim. L ! cross'claim is any claim by one party against a co'party arising out of the transaction or occurrence that is the sub?ect matter either of the original action or of a counterclaim therein +uch cross'claim may include a claim that the party against whom it is asserted is or may be liable to the cross'claimant for all or part of a claim asserted in the action against the cross'claimant +ec 4 Counterclaim or cross-claim in the answer. L The answer may contain any counterclaim or cross'claim which a party may have at the time against the opposing party or a co'defendant, provided that the court has ?urisdiction to entertain the claim and can, if the presence of third parties is essential for its ad?udication, ac%uire ?urisdiction of such parties +ec 1 Counter claim or cross-claim arising after answer.L ! counterclaim or a cross'claim which either matured or was ac%uired by a party after serving his pleading may, with the permission of the court, be presented as a counterclaim or a cross'claim by supplemental pleading before ?udgment +ec ,A Answer to counterclaim or cross-claim re3uired.L ! counterclaim or cross'claim must be answered, and failure to do so will constitute a default under Rule ,4 The party filing such answer may plead therein a counterclaim or cross'claim +ec ,, 'eply.L ! reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby ?oin or ma7e issue as to such new matters #f a party does not file such reply, all the new matters alleged in the answer are deemed controverted #f the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint +ec ,3 4hird-party complaint.L ! third'party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third'party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent>s claim +ec ,/ 5ourth, etc., parties.L ! third'party defendant may proceed under this rule against any person not a party to the action who is or may be liable to him or to the third'party plaintiff for all or part of the claim made in the action against the third'party defendant +ec ,2 &ringing new parties.L Ehen the presence of parties other than those to the original action is re%uired for the granting of complete relief in the determination of a counterclaim or cross'claim, the court shall order them to be brought in as defendants, if ?urisdiction over them can be obtained +ec ,- 6iberal construction.L !ll pleadings shall be liberally construed so as to do substantial ?ustice Rule 1 FORMAL REI#REMEN!S OF PLEAD#NGS +ection , Caption.L 5ach pleading shall contain a caption setting forth the name of the court, the title of the action, the file number if assigned and a designation of the pleading +ec 3 4itle.L #n the complaint the title of the action shall include the names of all the parties: but in other pleadings it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties +ec / aragraphs.L 5very pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience ! paragraph may be referred to by a number in all succeeding pleadings +ec 2 7eadings.L Ehen two or more causes of action are ?oined, the statement of the first shall be prefaced by the words <first cause of action,< of the second by <second cause of action,< and so on for the others Ehen one or more paragraphs in the answer are addressed to one of several causes of action in the complaint they shall be prefaced by the words <answer to the first cause of action< or <answer to the second cause of action< and so on: and when one or more paragraphs of the answer are addressed to several causes of action they shall be prefaced by words to that effect +ec - $ignature and address.L 5very pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated ! party who is not represented by an attorney shall sign his pleading and state his address 5$cept when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit The signature of an attorney constitutes a certificate by him that he has read the pleading: that to the best of his 7nowledge, information, and belief there is good ground to support it: and that it is not interposed for delay #f a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stric7en out as sham and false and the action may proceed as though the pleading had not been served For a willful violation of this rule an attorney may be sub?ected to appropriate disciplinary action +imilar action may be ta7en if scandalous or indecent matter is inserted +ec . 8erification.L! pleading is verified only by an affidavit stating that the person verifying has read the pleading and that the allegations thereof are true of his own 7nowledge "erifications based on <information and belief,< or upon <7nowledge, information and belief< shall be deemed insufficient Rule 2 ALLEGA!#ONS #N PLEAD#NGS +ection , (n general. L5very pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading' relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts +ec 3 Alternative causes of action or defenses. L ! party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses Ehen two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient of the insufficiency of one or more of the alternative statements +ec / Conditions precedent.L #n any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient +ec 2 Capacity.L Facts showing the capacity of a Party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal e$istence of an organized association of persons that is made a party, must be averred ! party desiring to raise an issue as to the legal e$istence of any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, which shall include such supporting particulars as are peculiarly within the pleader>s 7nowledge +ec - 5raud, mistake, condition of the mind.L #n all averments of fraud or mista7e, the circumstances constituting fraud or mista7e must be stated with particularity @alice, intent, 7nowledge or other condition of mind of a person may be averred generally +ec . 9udgment.L #n pleading a ?udgment or decision of a domestic or foreign court, ?udicial or %uasi'?udicial tribunal, or of a board or officer, it is sufficient to aver the ?udgment or decision without setting forth matter showing ?urisdiction to render it +ec 0 Action or defense based on document.L Ehenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an e$hibit, which shall be deemed to be a part of the pleading, or said copy may with li7e effect be set forth in the pleading +ec 4 7ow to contest genuineness of such documents.L Ehen an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due e$ecution of the instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts: but this provision does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused +ec 1 ,fficial document or act.L #n pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law +ec ,A $pecific denial.L The defendant must specify each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters which he will rely upon to support his denial Ehere a pleader desires to deny only a part or a %ualification of an averment, he shall specify so much of it as is true and material and shall: deny only the remainder Ehere the defendant is without 7nowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial +!@PB5 C!PT#9N +IPR5@5 C9IRT C!+5 R5PI(B#C 9F T)5 P)#B#PP#N5+ +IPR5@5 C9IRT @anil JJJJJ D#"#+#9N M Plaintiff DR N9 JJJJJJJJJ For* "ersus F Respondent $''''''''''''''''''''''''''''''''''''& C9IRT 9F !PP5!B+ C9IRT 9F !PP5!B+ C!+5 R5PI(B#C 9F T)5 P)#B#PP#N5+ C9IRT 9F !PP5!B+ @anila&Cebu&Cagayan de 9ro JJJJJ D#"#+#9N M Plaintiff DR N9 JJJJJJJJJ For* "ersus F Respondent $''''''''''''''''''''''''''''''''''''& R5D#9N!B TR#!B C9IRT R5PI(B#C 9F T)5 P)#B#PP#N5+ R5D#9N!B TR#!B C9IRT 0 th =udicial Region (ranch JJJJ Cebu City M Plaintiff DR N9 JJJJJJJJJ For* "ersus F Respondent $''''''''''''''''''''''''''''''''''''& @IN#C#P!B TR#!B C9IRT R5PI(B#C 9F T)5 P)#B#PP#N5+ @IN#C#P!B C#RCI#T TR#!B C9IRT&@IN#C#P!B TR#!B C9IRT #N C#T#5+ 0 th =udicial Region (ranch JJJJ Cebu City M Plaintiff DR N9 JJJJJJJJJ For* "ersus F Respondent $''''''''''''''''''''''''''''''''''''&