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INTRODUCTION

If you can't write, you can't win."

1

- Hon. William D. Stein

Legal writing is the foundation of legal forms. Undeniably, a lawyer spends most

of his time drafting and writing pleadings, briefs, complaints and similar documents

with the object of persuading the court. Simply, the job of the lawyer, as to his client’s

cause, is to always please the court. And the ideal medium in accomplishing this job is

writing. For Lincoln, a lawyer’s time and advice are his stock in trade, and such are

expressed in, most often, written words.

In the law profession, there is always a room for improvement, much so for the

law students. As claimed by Judge Painter, legal writing has been bad for a long time

and, indeed, old ideas die hard. But he likewise said that writing is a skill that can be

learned – not that one can necessarily learn to be Holmes – but a lawyer can

substantially improve communication. Of course, a law student is not an exception to

this progress.

For the purpose of aiding the legal profession, including legal education, in either

enhancing or improving one’s legal writing skill, discussed below is a restatement of

How to Write for Judges, Not Like Judges by Judge Mark P. Painter in his Legal

Writing 201.

Know Your Audience

The first question in all writing is: ‘For whom are you writing?’ Thus, a lawyer

who, as expected, is writing for the court must know the court.

For example, if the judge is an expert on the law on the issue, then the facts are all

the judge should need to process the argument—the facts become most important. If the

case is filed before a brand-new judge whose expertise is probate law, then it may be

assumed that the judge’s knowledge of the law of trade secrets case might be less. Then,

the brief should contain a more fundamental discussion of the law.

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Front-Load Your Document—Context Before Detail

As with all writing, organize the document to be front-loaded. That is, educate the

reader as to what is coming. Put the important material up front. Ask how much the

audience already knows about the facts and the law of the case. The answer is that the

judge knows very little about the facts of the case. A lawyer might have lived with his

case for perhaps years, but the judge knows only what it set out in the pleadings until

the lawyer explains what happened.

Strive to explain the case in a way that an average person can understand it. This

is not always possible, but it should be the goal. Make it easy for the reader.

Frame the Issue in Fewer than 75 Words

The most important part of a trial or appellate brief, or even of a memorandum to

another lawyer, is framing the issue. What is the question that has to be answered for

the court or the other lawyer? What has to be decided?

Do not start writing a brief or memo until there is a succinct statement of what

the case is about. And this must be done in 50-75 words. If it cannot be explained in 75

words, then the lawyer does not understand it very well, and neither will his reader – the

court. A short, plain statement of the issue tells the reader what the case is about.

State the Facts Succinctly

Remember that the issue has already put up front in 75 words or less. Then in the

facts statement, the case has to be explained totally. Expand on what has been put up

front. After a short statement of facts, such may be weaved into the discussion section of

the document—and the lawyer can add and expand there if he needs to. The first

statement is to give context—a roadmap.

Avoid Overchronicling, Most Dates Are

Unimportant

There is nothing wrong with stating the facts in chronological order. The initial

outline of the case should list all dates. But when writing the brief or memo, do not fall

into the habit of starting every sentence with a date.

Avoid overchronicling. Too many briefs start out by reciting a chronology of facts:

“On March 23, 1999, this happened, then on May 6, 1999, this happened.” This

approach confuses the reader, because the reader does not know what facts are

important, and what, if any, dates have to be remembered. If so, say “in June” rather

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than “on June 14, 2000,” or worse, “on or about”—this is not an indictment. Tell what

the case is about—only the material facts and why they are important.

As a general rule, most dates are not important. Unless an exact date is

important, leave it out. Instead, tell what the case is about—only the material facts, and

why they are important.

Headings are Signposts—They should Inform

Headings are signposts that guide the reader. If the legal argument portion of

opinion is five pages, it may not need to be broken up; but if it is longer, it has to be

separated into numbered headings. Headings do not just give context, they also signal

the reader when to safely take a break. The reader needs breaks in digesting complex

material. Separate the parts—and subparts—into headings.

Write Short Paragraphs

Short paragraphs give the reader a chance to pause and digest what has gone

before. If three or four sentences have been added with new information in each

paragraph, that is enough. And remember each new piece of information should build

on the old. This is building on prior knowledge.

Form is Important—Make it Look Good

Obviously, the substance of the case is most important—but to communicate the

substance, use the best form possible.

Just about the most unreadable font is Courier. The world has been spending

thousands and millions in technology yet this font makes the opinions and orders look

like they were typed on a 1940 typewriter. The world has been spending thousands and

millions in technology yet this font makes the opinions and orders look like they were

typed on a 1940 typewriter. Hence, use a serif type for text—because the serifs direct the

reader’s eyes to the next letter. For this, use Times New Roman or a similar typeface. A

non-serif, or sans serif, type is good for headings because it directs the reader’s eyes

downward to the material following the heading. Arial is a common sans-serif type.

Check the Document Carefully

The lawyer must check every page of every paper that leaves his desk. A missing

or omitted page certainly breaks up the flow of an argument.

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Keep it Short

A lawyer must strive to write succinctly. It is much harder to write a short brief

than a long one. Too much space is a temptation to write all (or more than) what is

known about the subject. Make every word count, and the document will be much more

convincing—the reader might think that the lawyer know more than what he wrote, not

less.

Use No Talking Footnotes

If something is important enough to be in a footnote, it is important enough to be

in the text. Footnotes detract from readability. Encountering a footnote is like going

downstairs to answer the door while making love. Do not let footnotes swallow the page

from the bottom, as in a law review article. A lawyer’s goal is to communicate, not build

a resume. Proper use of footnotes is for reference only. If something is truly

parenthetical, and it needs to be mentioned, use parentheses.

Citations Go in Footnotes

Lawyers long ago forfeited much readability by including citations in the body of

the text, rather than in footnotes. This practice should cease, especially now that

footnoting references is simple.

Citations belong in footnotes. The reader must know that she does not need to

read the footnotes—they are for reference only. Then, the constant glancing up and

down is not necessary. “If footnotes were a rational form of communication, Darwinian

selection would have resulted in the eyes being set vertically…”

Edit, Edit, Edit

Edit, edit, edit, and edit again. Typos, bad grammar, and misplaced paragraphs

simply take away from the argument.

Write Short Sentences

Write short, crisp sentences. What is the most underused punctuation mark in

legal writing? The period. The most overused is easy—the comma. More periods, fewer

commas—sentence length should average no more than twenty words. Eighteen is

better.

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Long sentences are especially difficult when strung together. Sophisticated

readers can understand longer sentences—if they are properly constructed—but no one

can wade through ten in a row. Break up the pace—follow a longer sentence with a short

one. Readability is the goal.

Use Mainly Active Voice

Passive voice is not forbidden. Sometimes the actor need not be named —“Many

books on this subject have been published.” Or a smooth transition from one sentence to

the next requires you to put the subject first. Or a lawyer might want to hide the actor

—“Mistakes were made;” “An accident occurred.”

But usually active is better; action is easier to understand. In the schoolyard,

“Johnny tried to hit me.” Now, after law school, one would probably say, “An attempt

was made by Johnny to assault me.” Somehow, the attempt becomes the focus. Probably

because lawyers categorize and name things, “assault” becomes a noun. “A tort was

committed.” If there is no good reason, put the sentence back the way real people would

talk.

Use “But” and “And” to Begin Sentences

And do not be afraid to start sentences with “and” or “but.” This signifies good

writing. The reason a grammar-school teacher teaches not to start a sentence with “and”

is because the student writes, “I have a mother. And a father. And a dog.” Use “but”

rather than “however” to start a sentence.

Distinguish between “That” and “Which”

Use “that” if the writer wants to restrict or limit what he is referring at, and

“which” if the reference to a noun is nonrestrictive. The easy way to remember—which is

preceded by a comma; that is not.

Use the Dash, Parenthesis, and Comma for

Degrees of Emphasis

Though you should avoid cluttering up your document with too many incidental

comments, sometimes they fit nicely. A dash provides the greatest emphasis—it is a

stronger break—next in degree is the parenthesis, then the comma.

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One Word is Usually Enough

Do not use two or three or four words for one (“devise and bequeath”; “grant,

bargain, and sell”; “right, title, and interest”; “make, ordain, constitute, and appoint”).

This goofiness originated with the Norman Conquest, after which it was necessary to use

both the English and French words so that all could understand. Most now understand

plain English. A related tendency of lawyers is to use many words when one is more

understandable (“sufficient number of”= enough, “that point in time” = then, “for the

reason that” = because).

Do not write “filed a motion” unless the filing itself has some significance. Write

“moved.” Do not write “On October 13, 1995, plaintiff-appellant filed a timely appeal to

this honorable court.” Again, unless the timeliness or date (or the honor of the court) is

in question; otherwise, so many words were used for nothing. Similarly, do not write

“filed of record.” Write “filed.” Where else would it be filed?

Hyphenate Phrasal Adjectives

The reader is confused by nouns acting as adjectives, or two adjectives together

modifying one noun. Always hyphenate phrases like “wrongful-discharge suit,” or

“public-policy exception.”

Always Question “Of”

It is all right to write Philippine Supreme Court instead of Supreme Court of the

Philippines. Question prepositional phrases—“of”—“from.” There is nothing wrong with

possessive. Hence, “the court’s docket” in place of “the docket of the court” is prettily

acceptable, even preferred.

Use the Serial Comma

In a list of three or more, always insert the serial comma. Some writers insist on

omitting the last comma, before the “and.” Do not omit the last comma—doing so can

cause misinterpretation.

Avoid Unnecessary Preambles

Cut the useless preambles. Unnecessary preambles can weaken or hide the point

they introduce. Some unnecessary preambles:

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It is important to add that . . .

It may be recalled that . . .

In this regard it is of significance that . . .

It is interesting to note that…

Purge Lawspeak

Eschew legalese. “Hereinafter,” “aforesaid,” and the like do not add anything but

wordiness and detract from readability. Many studies show that legalese is the number

one complaint of appellate judges and clerks. Use Latin phrases sparingly. A few—res

ipsa loquitur, respondeat superior—are perhaps acceptable, but do not litter an opinion

with “mangled pieces of murdered Latin.” Cut out “such,” such as “such motion.” “The”

or “that” almost always works. “Pursuant to” usually may be translated as “under.

The Parties have Names

The parties have names. Thus, do not go through the whole brief calling parties

plaintiff-appellant and defendant-appellee, or the like. Appellant would be enough, but

it is better to call the parties by name. When using procedural titles (such as plaintiff,

defendant, plaintiff-appellant), the reader then is burdened in translating to understand

what that means. The procedural titles chance throughout the case, but the names

remain the same. Using names also humanizes the client—even corporate names, e.g.,

“Globe Telecommunications, Inc.,” sound much more human that “Plaintiff-Appellant

and Cross-Appellee.”

Use Quotations Sparingly

There are too many briefs that are comprised of strings of quotations and very

little else. The lawyer should explain how the cited cases support the theory of the case.

Do not use lengthy quotations—a few lines at most.

No one reads long block quotes. People skip that single-space block and go on.

Unless the case that is being quoted is exactly on point (which is very seldom true), just

quote the most relevant and persuasive part. And do it in the text if possible. Just

remember, long blocks are not read. Lead into the quote with a paraphrase of what the

quote says. The reader will actually read it to see if you are telling the truth.

Use Persuasive Language

Use persuasive language. If the lawyer can’t explain his case, how can he expect

the readers to understand it?

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Daniel Smith likewise proposes persuasive legal writing.

Writing is persuasive

when it makes the reader’s job easy. The four style qualities that make writing

persuasive are brevity, simplicity, clarity and honesty.

2

For it is true that lawyers who

use plain language know it doesn't just make good sense, it makes good cents.

3

Continue the Research Work

Continue researching. The lawyer might have filed a memorandum or a brief months before it is argued before the court; yet, check every citation periodically, and again the day before the case is argued. It has happened more than once that a new Supreme Court case, overturning a former ruling, has appeared in the interim.

2 Daniel Smith, Persuasive Legal Writing: Ideas to Strengthen the Lawyer’s Connection to the Judge. Advocate, December 2009.

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DEVELOPMENT OF LEGAL FORMS

The concept of legal forms has long been adopted since the olden days the same

as the notarial law.

Notarial law in fact has its ancient origin. In countries the foundation of whose

jurisprudence is the Roman Law, the duties of the notary public are viewed with great

variety and importance. In contrast to countries where the common law of England

prevails, the duties of a notary public are more limited. A notary public was formerly of

great use to merchants, ship masters, and other persons in attesting writings and

certifying to acts done by him, or in his presence, proof of which may be required in

distant or foreign places. The notary office originated in the early Roman jurisprudence

and was known in England before the Norman conquest. In the civil law, a notary

public was designated as registrarius, actuaries, or scrivarius. Anciently, a notary public

was a scribe who only took notes or minutes and made short drafts of writings and

instruments, both private and public.

4

The history of the notarial law in the Philippines can be traced back to the early

days of the Spanish era where the functions of the notary public has been exercised by

the clerks of court in accordance with the law of the Indies. But what exactly is a notary

public and what is the concept of the notarial law? A notary public is an officer whose

duty is to attest the genuineness of any deed or writing in order to render it available as

evidence of facts therein contained. What the notary public does are legal forms which

are defined as models of instruments or legal proceedings, containing the substance and

the principal terms, to be used in accordance with the laws.

5

The functions of the notary public were exercised by clerks of courts according to

Indies Laws. In 1696, the clerks of courts of Manila, Parian, Tondo and Cavite were

required to have the protocols sewed and bound wherein court papers, wills and

contracts were executed for the purpose of preventing the commission of frauds. On

February 1889, the notarial law of Spain was extended to the Philippines. This

separated the office of the notarial law from the clerk of courts.

6

During the American occupation, the Spanish notarial law was adopted and on

June 1900, it was repealed by Judiciary Act No. 136. The Philippine Commission then

provided for a new system of adjudication and registration of land titles. Act No. 496,

henceforth set the new law on notary public. In the year 1911, the Philippine Legislature

enacted Act No. 2335, amending the Notarial Law in Act No 136. By virtue of this

amendment, the notaries public were required to keep notarial registers. The

amendment also provided for the form and manner in which instruments executed,

acknowledged, or sworn to before a notary public were to be entered in the notarial

4 Legal and Judicial Forms, Martin and Gregorio, 1974, pp. 1

5 Bouvier’s Law Dictionary, cited in Co Tamco vs. Diaz 6 Annotated Forms by Camus and Sinco, pp.2-3

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register. The notaries public were also required to send to the Clerk of court of the

province wherein he exercises his office, a copy of the entries made in his register during

the month.

7

At present, the law on notaries public is governed by A.M. No. 02-8-13-SC or the

2004 Rules on Notarial Practice which is discussed in the subsequent section. Another

development, and the most recent advance in legal writing, is the approval of A.M. No.

12-8-8-SC or the Judicial Affidavit Rule which is likewise presented in this book.

2004 RULES ON NOTARIAL PRACTICE

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The 2004 Rules on Notarial Practice took effect on August 1, 2004 and has

been governing the rules on notarial practice, specifically the appointment of

notaries and the performance and exercise of their official functions.

Purpose of Notarial Law

The Rules are intended to advance the following purposes:

(a) to promote, serve, and protect public interest;

(b) to simplify, clarify, and modernize the rules governing notaries public; and

(c) to foster ethical conduct among notaries public.

8

Qualifications of a Notary Public

To be qualified as a notary public, one has to meet the following requirements:

1. he must be a citizen of the Philippines

2. he must be over twenty-one (21) years of age

3. he must be a resident in the Philippines for at least one (1) year and maintains a

regular place of work or business in the city or province where the commission is

to be issued

4. he must be a member of the Philippine Bar in good standing with clearances

from the Office of the Bar Confidant of the Supreme Court and the Integrated

Bar of the Philippines;

5. and he must not have been convicted in the first instance of any crime involving

moral turpitude

9

because this is one of the disqualifications of a notary public

Scope of Practice of the Notary Public

The jurisdiction of notaries public shall be co-extensive with the province or the

city in which he is appointed. It shall be for a period of two years commencing on the

first day of January in which the commissioning was made, unless revoked.

10

8 Sec 1, Rule I, 2004 Rules on Notarial Practice 9 supra, Sec 1, Rule VI

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Powers and Duties of a Notary Public

After every requirement and qualification has been complied with, a notary

public is now vested with powers and duties concerning his office. Under Section 1 of

the Rule, a notary public is empowered to perform the following notarial acts: (1)

acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessings; (5)

copy certifications; and (6) any other act authorized by these Rules.

In general, the powers of the notaries public are administering all oaths or

affirmations provided for by law, in all matters incident to his notarial office, and in the

execution of the affidavits, depositions, and other documents requiring an oath; to

receive the proof or acknowledgment of all writings relating to commerce and

navigation, such as bills of sale, bottomries, mortgages and hypothecations of ships,

vessels or boats, charter parties of affreightenments, letters of attorney, deeds,

mortgages, transfers and assignments of land or building, or an interest therein, and

such other writings as are commonly proved of acknowledged before notaries; to act as a

magistrate, in the writing of affidavits or depositions and to make declarations and

certify the truth thereof under his seal of office, concerning all matters done by him in

virtue of his office.

11

Limitations and Prohibitions in the Practice of

Notarization

The powers and duties of a notary public are not absolute. It is with limitations

as provided in the Rules.

As to place of work or business

A notary public is prohibited from performing a notarial act outside his regular

place of work or business; provided, however, that on certain exceptional occasions or

situations, a notarial act may be performed at the request of the parties in the following

sites located within his territorial jurisdiction like public offices, convention halls, and

similar places where oaths of office may be administered; public function areas in

hotels and similar places for the signing of instruments or documents requiring

notarization; hospitals and other medical institutions where a party to an instrument or

document is confined for treatment; and any place where a party to an instrument or

document requiring notarization is under detention.

12

As to parties involved

A notary public is not to perform a notarial act if the person involved as signatory

to the instrument or document is not in the notary's presence personally at the time of

the notarization; and is not personally known to the notary public or otherwise

11 Handbook on Legal and Judicial Forms, Martin and Gregorio, pp. 5 12 supra, Sec 2, Rule IV

(13)

identified by the notary public through competent evidence of identity as defined by the

Rules.

13

He is disqualified from performing a notarial act if he is a party to the instrument

or document that is to be notarized and he will receive, as a direct or indirect result, any

commission, fee, advantage, right, title, interest, cash, property, or other consideration,

except as provided by these Rules and by law; or is a spouse, common-law partner,

ancestor, descendant, or relative by affinity or consanguinity of the principal within the

fourth civil degree.

14

As to circumstances warranting refusal of

notarization

A notary public shall not perform any notarial act described in the Rules for any

person requesting such an act even if he tenders the appropriate fee specified by the

Rules if (a) the notary knows or has good reason to believe that the notarial act or

transaction is unlawful or immoral; (b) the signatory shows a demeanor which

engenders in the mind of the notary public reasonable doubt as to the former's

knowledge of the consequences of the transaction requiring a notarial act; and (c) in the

notary's judgment, the signatory is not acting of his or her own free will.

15

As to collection of fees

A notary public shall not require payment of any fees prior to the performance of

a notarial act unless otherwise agreed upon.

16

It is likewise prohibited to collect any fee

or compensation of any kind except those expressly provided in the Rules

17

such as the

notarial fees and travel fees and expenses when traveling to perform a notarial act.

18

Competent Evidence of Identification

A party seeking a notarial act must present a competent evidence of identity. But

this is not required when the affiant is personally known to the notary public.

19

Competent evidence of identity may refer to the identification of an individual

based on at least one current identification document issued by an official agency

bearing the photograph and signature of the individual.

20

Hence, it is suggested that

Community Tax Certificates (CTC) or cedulas are no longer relevant as far as notarial act

is concerned. This finds its support from Baylon v. Almo where the Supreme Court

13 supra, Sec 2, Rule IV

14 supra, Sec 3, Rule IV

15 supra, Sec 4, Rule IV 16 supra, Sec 4, Rule V 17 supra, Sec 3, Rule V 18 supra, Sec 2, Rule V

19 Amora v. Comelec GR No. 192280, January 25, 2011

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stated that the respondent notary public “… should not have relied on the CTC presented

by the impostor in view of the ease with which community certificates are obtained

these days. As a matter of fact, recognizing the established unreliability of a CTC in

proving the identity of a person who wishes to have his document notarized proving the

identity of a person…, we did not include it in the list of competent evidence of identity

that notaries public should use in ascertaining the identity of persons appearing before

them to have their documents notarized.”

21

Competent evidence of identity may alternatively refer to the oath or affirmation

of one credible witness not privy to the instrument, who is personally known to the

notary public and who personally knows the individual, or of two credible witnesses

neither of whom is privy to the instrument who each personally knows the individual

and show to the notary public identification.

22

The Seal of the Notary Public

One very important part of a legal form is the signature and seal of the notary

public. The purpose of the seal is to give assurance, in addition to the signature, that the

act is genuine. It makes the detection of spurious instruments easier.

Hence, every notary public shall have, at his own expense procure a seal which

shall be of metal, circular in shape, two inches in diameter, and shall have the name of

the city or province and the word "Philippines" and his own name on the margin and the

roll of attorney's number on the face thereof, with the words "notary public" across the

center. A mark, image or impression of such seal shall be made directly on the paper or

parchment on which the writing appears.

23

The use of the seal shall not be necessary to

the authentication of any paper, document, or record signed by a justice of peace or

emanating from his office except when he acts as a notary public ex-officio.

Fig. 1. Sample Notarial Seal

21 Baylon v. Almo, A.C. No 6962, June 25, 2008 22 supra, Sec 12(b), Rule II

23 supra, Sec 2(a), Rule VII

NOTARY PUBLIC

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The Notarial Register of a Notary Public

Entry Numb er Title/ Descript ion of Instrum ent Name & Addre ss of Partie s Names & Address es of Witness es Compet ent Evidenc e of Identity Date & Time of Notarizat ion Type of Notaria l Act Fees & O.R. No. Other Place of Notarizatio n other than office of Notary Public and/or Remarks

Every notary public shall keep, maintain, protect and provide for lawful

inspection

24

a register to be known as the NOTARIAL REGISTER wherein record shall

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be made of all his official acts as notary; and he shall supply a certified copy of such

record, or any part thereof, to any person applying for it and paying the legal fees

therefor.

A notarial register is a chronological official notarial register of notarial acts

consisting of a permanently bound book with numbered pages. The register shall be

kept in books to be furnished by the Solicitor General to any notary public upon request

and upon payment of the cost thereof. The register shall be duly paged, and on the first

page, the Solicitor General shall certify the number of pages of which the book

consists.

25

Judicial Form No. 143, As Amended

Notarial Register of of , Philippines for the years _ to ______ Under appointment made on the day of and expiring on _. This week, a total of ___ documents were executed (__) acknowledged (__) sworn to and (__) protested

Notary Public

Form 1. Sample Notarial Register

Revocation of the Commission of a Notary Public

There are grounds for revocation of the commission of a notary public. The

following derelictions of duty on the part of the notary public shall, in the discretion of

the proper judge, be sufficient ground for the revocation of his commission:

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial register concerning

his notarial acts;

(3) fails to send the copy of the entries to the Executive Judge within the first

ten (10) days of the month following;

(4) fails to affix to acknowledgments the date of expiration of his commission;

(5) fails to submit his notarial register, when filled, to the Executive Judge;

(6) fails to make his report, within a reasonable time, to the Executive Judge

concerning the performance of his duties, as may be required by the judge;

(7) fails to require the presence of a principal at the time of the notarial act;

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(8) fails to identify a principal on the basis of personal knowledge or

competent evidence;

(9) executes a false or incomplete certificate under Section 5, Rule IV;

(10) knowingly performs or fails to perform any other act prohibited or

mandated by these Rules; and

(11) commits any other dereliction or act which in the judgment of the

Executive Judge constitutes good cause for revocation of commission or

imposition of administrative sanction.

26

JUDICIAL AFFIDAVIT RULE

On September 4, 2012, the Supreme Court issued the most recent development in

legal writing which is the A.M. No. 12-8-8-SC or the Judicial Affidavit Rule. This Rule

requires that direct examination of a witness, which is the examination-in-chief of a

witness by the party presenting him on the facts relevant to the issue, shall be in the

form of judicial affidavits, in lieu of oral testimony, subject to cross-examination.

The Purpose of the Rule

The whereas clause of the Judicial Affidavit Rule declares that congestion and

delays plague most courts in cities, given the huge volume of cases filed each year and

the slow and cumbersome adversarial system that the judiciary has in place. Moreover,

about 40% of criminal cases are dismissed annually owing to the fact that complainants

simply give up coming to court after repeated postponements. Another fact which led to

the approval of the recommendation is that few foreign businessmen make long-term

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investments in the Philippines because its courts are unable to provide ample and

speedy protection to their investments, keeping its people poor.

Thus, in order to reduce the time needed for completing the testimonies of

witnesses in cases under litigation, on February 21, 2012 the Supreme Court approved

for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in

place of the direct testimonies of witnesses. It is then reported that such piloting has

quickly resulted in reducing by about two-thirds the time used for presenting the

testimonies of witnesses, thus speeding up the hearing and adjudication cases.

Consequently, the Supreme Court Committee on the Revision of the Rules of

Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on

the Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A.

Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate

nationwide the success of the Quezon City experience in the use of judicial affidavits.

In sum, the Rule is intended to expedite court proceedings.

The Scope of the Application of the Rule

As to the case involved

The Judicial Affidavit Rule shall apply to all actions, cases, proceedings, and

incidence requiring the reception of evidence. This, however, shall not apply to small

claims cases under A.M. 08-8-7-SC.

As to criminal actions, the Rule shall apply to all cases where the maximum of the

imposable penalty does not exceed six years; where the accused agrees to the use of

judicial affidavits, irrespective of the penalty involved; or with respect to the civil aspect

of the actions, whatever the penalties involved are.

27

As to the courts hearing the case

The application of the Rule shall be limited to the following courts:

1. The Metropolitan Trial Courts, the Municipal Trial Court in Cities, the Municipal

Trial Courts, the Municipal Circuit Trial Courts, and the Shari’a Circuit Courts;

2. The Regional Trial Courts and the Shari’a District Courts;

3. The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the

Shari’a Appellate Courts;

(19)

4. The investigating officers and bodies authorized by the Supreme Court to receive

evidence, including the Integrated Bar of the Philippines (IBP); and

5. The special courts and quasi-judicial bodies, whose rules of procedure are subject

to disapproval of the Supreme Court, insofar as their existing rules of procedure

contravene the provisions of the Rule.

Contents of Judicial Affidavit

The Rule provides that a judicial affidavit shall be prepared in the language

known to the witness and, if not in English or Filipino, accompanied by a translation in

English or Filipino, and shall contain the following:

28

(a) The name, age, residence or business address, and occupation of the witness;

(b) The name and address of the lawyer who conducts or supervises the examination of

the witness and the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fully conscious

that he does so under oath, and that he may face criminal liability for false testimony or

perjury;

(d) Questions asked of the witness and his corresponding answers, consecutively

numbered, that show the circumstances under which the witness acquired the facts

upon which he testifies; elicit from him those facts which are relevant to the issues that

the case presents; an identify the attached documentary and object evidence and

establish their authenticity in accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or an officer

who is authorized by law to administer the same.

The judicial affidavit shall further contain a sworn attestation at the end,

executed by the lawyer who conducted or supervised the examination of the witness, to

the effect that:

1. He faithfully recorded or caused to be recorded the questions he asked and the

corresponding answers that the witness gave; and

2. Neither he nor any other person then present or assisting him coached the

witness regarding the latter's answers.

29

Submission of Judicial Affidavits and Exhibits

28 supra, Sec 3

(20)

By whom and to whom served

The parties shall file with the court and serve on the adverse party

30

the judicial

affidavits of witnesses, which shall take the place of such witnesses' direct testimonies

and the parties' documentary or object evidence, if any, which shall be attached to the

judicial affidavits and marked as Exhibits.

31

When must the aforementioned legal

documents be submitted

The judicial affidavits and the documentary or object evidence shall be filed not

later than five days before pre-trial or preliminary conference or the scheduled hearing

with respect to motions and incidents.

32

How shall the legal documents be submitted

The party shall serve and submit personally or by licensed courier service

33

the

said legal documents.

Should a party or a witness desire to keep the original document or object

evidence in his possession, he may, after the same has been identified, marked as

exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction

attached to such affidavit is a faithful copy or reproduction of that original. In addition,

the party or witness shall bring the original document or object evidence for comparison

during the preliminary conference with the attached copy, reproduction, or pictures,

failing which the latter shall not be admitted.

This is without prejudice to the introduction of secondary evidence in place of the

original when allowed by existing rules.

34

In criminal cases, if the accused desires to be heard on his defense after receipt of

the judicial affidavits of the prosecution, he shall have the option to submit his judicial

affidavit as well as those of his witnesses to the court within ten days from receipt of

such affidavits and serve a copy of each on the public and private prosecutor, including

his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on.

These affidavits shall serve as direct testimonies of the accused and his witnesses when

they appear before the court to testify.

35

Offer of and Objections to Testimony

30 Ibid. 31 supra, Sec 2 32 Ibid. 33 Ibid. 34 Ibid. 35 supra, Sec 9(b)

(21)

In Judicial Affidavit

The party presenting the judicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall cause the marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel, without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.36

In Exhibits

Upon the termination of the testimony of a party’s last witness, the said party

shall immediately make an oral offer of evidence of his documentary or object exhibits,

piece by piece, in their chronological order, stating the purpose or purposes for which he

offers the particular exhibit. After each piece of exhibit is offered, the adverse party

shall state the legal ground for his objection, if any, to its admission, and the court shall

immediately make its ruling respecting that exhibit. Since the documentary or object

exhibits form part of the judicial affidavits that describe and authenticate them, it is

sufficient that such exhibits are simply cited by their markings during the offers, the

objections, and the rulings, dispensing with the description of each exhibit.

37

Remedy against the Refusing Party to Execute a

Judicial Affidavit

If the government employee or official, or the requested witness, who is neither

the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a

judicial affidavit or refuses without just cause to make the relevant books, documents, or

other things under his control available for copying, authentication, and eventual

production in court, the requesting party may avail himself of the issuance of a

subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court.

38

Examination of the Witness on His Judicial Affidavit

The adverse party shall have the right to cross-examine the witness on his judicial

affidavit and on the exhibits attached to the same. The party who presents the witness

may also examine him as on re-direct. In every case, the court shall take active part in

36 supra, Sec 2 37 supra, Sec 8 38 supra, Sec 5

(22)

examining the witness to determine his credibility as well as the truth of his testimony

and to elicit the answers that it needs for resolving the issues.

39

Effect of Non-compliance with the Judicial Affidavit

Rule

Failure to submit the affidavit on time

A party who fails to submit the required judicial affidavits and exhibits on time

shall be deemed to have waived their submission. The court may, however, allow only

once the late submission of the same provided, the delay is for a valid reason, and would

not unduly prejudice the opposing party, and the defaulting party pays a fine.

Failure to appear at the hearing

The court shall not consider the affidavit of any witness who fails to appear at the

scheduled hearing of the case as required. Counsel who fails to appear without valid

cause despite notice shall be deemed to have waived his client's right to confront by

cross-examination the witnesses there present.

Failure to comply with the content requirement

The court shall not admit as evidence judicial affidavits that do not conform to

the content requirements and attestation requirement. But this may be allowed on the

same grounds given under failure to submit the affidavit on time.

40

PARTS COMMON TO FORMS

CAPTIONS and TITLES

The caption is that part of the pleading, which sets forth:

1. the name of the court

2. the title of the action

3. the docket number, if assigned

41

The title indicates the names of the parties, who shall be named in the original

complaint or petition. However, in subsequent pleadings, it shall be sufficient if the

39 supra, Sec 7 40 supra, Sec 10

(23)

name of the first party on each side be stated with an appropriate indication when there

are other parties. Their respective participation in the case shall be indicated.

42

REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT

Branch 2, Baguio City JOHN DELA CRUZ,

Plaintiff,

CIVIL CASE No. 1234

-versus- For Collection of Sum of Money

ANDREW BONIFACIO, Defendant.

Form2a. Caption and title

OR in case of a special proceeding,

IN THE MATTER OF

Form 2b. Title in case of a special proceeding

Batas Pambansa Blg.129 or the Judiciary Reorganization Act of 1980 abolished

all courts except the Supreme Court, the Sandiganbayan and the Court of Tax Appeals.

The same Act then created Intermediate Appellate Court, Regional Trial Court in

thirteen (13) Judicial Regions including the National Capital Regions and other areas as

may be established by law; Municipal Trial Courts in cities and municipalities, and the

Municipal Circuit Trial Courts. On 1986, the Intermediate Appellate Court was renamed

the Court of Appeals by virtue of Executive Order No. 3.

The following are samples of Caption filed in said courts:

REPUBLIC OF THE PHILIPPINES SUPREME COURT

Form 3a. Caption(Supreme Court)

REPUBLIC OF THE PHILIPPINES COURT OF APPEALS

MANILA

Form 3b. Caption(Court of Appeals)

(24)

REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT

Branch 2, Baguio City

Form 3b.Caption (Regional Trial Court) REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT OF METRO MANILA Manila, Branch 1

Form 3c. Caption (Metropolitan Trial Court) REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT Dagupan City, (Branch 1)

Form 3c. Caption (Municipal Trial Court in City) REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION MUNICIPAL TRIAL COURT

Lingayen, Pangasinan

Form 3d. Caption( Municipal Trial Court in Municipality) REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION MUNICIPAL CIRCUIT TRIAL COURT

Sison, Pangasinan

Form 3e. Caption (Municipal Circuit Trial Court)

PRAYER

WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiff the amount of One Million Pesos (P 1,000,000.00) for actual and compensatory damages, Fifty Thousand Pesos (P 50,000.00) for moral damages, Fifty Thousand Pesos (P 50,000.00) for exemplary damages, and fifty thousand Pesos (P50,000.00) for attorney’s fees.

Other just and equitable reliefs are also prayed for. Form 4. Prayer

(25)

S.S.

S.S. is the abbreviation of “Scilicet,” which is the Latin for “it is permitted to know.”

43

In Legal Forms, it is read as “to wit; namely; or that is to say.”

44

Further, it is used to

particularize a general statement; where in this case, it refers to the venue of execution

of the instrument or document.

REPUBLIC OF THE PHILIPPINES } City of Baguio } S.S.

Form 5. Scilicet

STATEMENTS UNDER OATH

JURAT

Jurat refers to an act in which an individual, on a single occasion appears in

person before a Notary Public and presents an instrument or document; is personally

known to the Notary Public or identified by the Notary Public through competent

evidence of identity as defined by the 2004 Rules on Notarial Practice; signs the

instrument or document in the presence of the Notarial Practice; and takes an oath or

affirmation before the Notary Public as to such instrument or document.

45

Basically, jurat is a certification that the instrument was “sworn” to before a

Notary Public, which is executed to give the document a legal character. It accompanies

any notarized document that is declaratory in nature, as opposed to a notarized

43 Theodore O. Te: “On Writing Legally” 2009 Revised Edition 44 Legal Forms Manual, Ateneo 3D 2008-2009

(26)

document that transmits rights or property, which must be accompanied by an

acknowledgment.

46

SUBSCRIBED AND SWORN TO before me in the City of Baguio on this 19th day of

April 2013, affiant exhibiting before me his Government Issued ID No. 08061989 issued on August 6, 2012 at Baguio City.

JOSH E. RIZAL

Notary Public for Baguio City

Until December 31, 2013 182 Session Road, Baguio City PTR No. 123/Baguio City/12-31-13 Roll of Atty. No. 45678

IBP Lifetime Membership No. 910 MCLE Compliance No 9876 Doc. No. 21 Page No. 4 Book No. 1 Series of 2013. Form 6. Jurat

If the document is subscribed before a public officer duly authorized to take

oaths, then there is no need for the affiant to produce a Community Tax Certificate

(CTC) nor for the entry into a Notarial Register; thus, the italicized portion of the jurat is

dispensed with but not the oath itself.

47

ACKNOWLEDGMENT

Acknowledgment is an act in which an individual on a single occasion appears

before in person before the Notary Public and presents an integrally complete

instrument or document; is attested to be personally known to the Notary Public or

identified by the Notary Public through competent evidence of identity as defined by the

2004 Notarial Rules; and represents to the NP that the signature on the instrument or

document was voluntarily affixed by him for the purposes stated in the instrument or

document, declares that he has executed 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.

48

Basically, it is the act of one who has executed a deed in going before some

competent officer or court and declaring it to be his act or deed.

46 supra, Te 47 supra, Te

(27)

The two-fold functions of an acknowledgment are 1.) to authorize the deed to be

given in evidence without proof and 2.) to entitle it to be recorded. The same purposes

may be accomplished by a subscribing witness going before the officer or court and

making oath to the fact of execution, which is certified in the same manner.

49

Simple Form of Acknowledgment

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES} City of Baguio } SS

BEFORE ME, a Notary Public for and in the City of Baguio, Philippines, personally

appeared LAP U. LAPU, with Passport No. 1234 issued at Baguio City expiring on November 20, 2013, and Driver’s License No. 5678 issued by LTO Baguio on December 18, 2012, known to me to be the same person who executed the foregoing instrument, and acknowledged to me that the same is his free act and voluntary deed.

WITNESS MY HAND AND SEAL this 19th day of April 2013 in the City of Baguio,

Philippines.

(28)

JOSE F. RIZAL

Notary Public for Baguio City

Until December 31, 2013 182 Session Road, Baguio City PTR No. 123/Baguio City/12-31-13 Roll of Atty. No. 45678

IBP Lifetime Membership No. 910 MCLE Compliance No 9876 Doc. No. 21

Page No. 4 Book No. 1 Series of 2013.

Form 7a. Simple Acknowledgment

Acknowledgment of Instrument Consisting of Two

or More Pages

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES} City of Baguio } S.S.

BEFORE ME, a Notary Public for and in the City of Baguio Philippines, personally

appeared LAP U. LAPU, with Passport No. 1234 issued at Baguio City expiring on November 20, 2013, and Driver’s License No. 5678 issued by LTO Baguio on December 18, 2012, known to me to be the same person who executed the foregoing instrument, and acknowledged to me that the same is his free act and voluntary deed.

This instrument, consisting of four (4) pages, including the page on which this acknowledgement is written, has been signed on the left margin of each and every page thereof by LAP U. LAPU and his witness, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal,

(29)

JOSE F. RIZAL

Notary Public for Baguio City

Until December 31, 2013 182 Session Road, Baguio City PTR No. 123/Baguio City/12-31-13 Roll of Atty. No. 45678

MCLE Compliance No 9876 Doc. No. 21

Page No. 4 Book No. 1 Series of 2013.

Form 7b. Acknowledgment of instrument consisting of two or more pages

VERIFICATION

A pleading is verified by an affidavit that the affiant has read the pleading and

that the allegations therein are true and correct of his personal knowledge or based on

authentic records.

50

A verification based on “information and belief” or upon

“knowledge, information and belief” is considered defective and the pleading unverified

or unsigned.

51

The pleadings which are required to be verified are the pleadings under the Rules

of Summary Procedure; complaints for Forcible Entry, Unlawful Detainer, and

Replevin; complaints with application for injunction or attachment; answer to

complaint or counterclaim based on actionable documents; and petitions for Certiorari,

Prohibition, Mandamus, Habeas Corpus and Change of Name. The indispensable

requirement of Verification is the statement that the document is executed under oath.

52

50 Sec. 4, par. 2, Rule 7, Rules of Court 51 Sec. 4, par.3, Rule 7, Rules of Court

(30)

VERIFICATION

REPUBLIC OF THE PHILIPPINES} City of Baguio } SS

JUAN DELA CRUZ, after having been duly sworn in accordance with law, hereby deposes and states that:

1. He is the plaintiff in the pleading entitled Juan dela Cruz v. Andrew Bonifacio. 2. He has caused its preparation.

3. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic records.

JUAN DELA CRUZ

Plaintiff

(Insert JURAT)

Form 8. Verification

CERTIFICATION AGAINST FORUM SHOPPING

The plaintiff or principal party must certify under oath in the complaint,

initiatory pleading, or sworn certification that:

1. he has not commenced any action or filed any claim involving the same issues in

any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no

such other action or claim is pending there

2. if there is such other pending action or claim, a complete statement of its present

status, and

3. if he should thereafter learn that the same or similar action or claim has been

filed or is pending, he shall report that fact within 5 days to the court where his

complaint or pleading was filed.

53

Rule 7, Section 5 of the Rules of Court requires that any initiatory pleading must

be accompanied by a Certification against Forum Shopping. Under the same provision

of the Rules of Court, it is the plaintiff or principal party who executes the certification

under oath. Case in point is Far Eastern Shipping Company v. Court of Appeals (297

SCRA 30) where it was promulgated that a certification signed by counsel is a defective

(31)

certification and is a valid cause for dismissal. This is the general rule and the prevailing

rule.

54

CERTIFICATION AGAINST FORUM SHOPPING

Republic of the Philippines} City of Baguio } S.S.

JUAN DELA CRUZ, after having been duly sworn in accordance with law deposes and states that:

1. He is the plaintiff in the case entitled Juan dela Cruz v. Andrew Bonifacio;

2. He certifies that he has not commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency;

3. To the best of his knowledge, there is no such pending action or claim;

4. If he should learn that a similar action or claim has been filed or is pending he shall report such fact within five (5) days from the discovery to this Honorable Court.

JUAN DELA CRUZ Plaintiff

(Insert JURAT)

Form 9. Certification against Forum Shopping

COMBINED VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, JUAN DELA CRUZ, of legal age, do hereby state that I have caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on April 19, 2013 in the City

of Baguio Philippines.

JUAN DELA CRUZ Plaintiff

(Insert JURAT) 54 Willard B. Riano, Civil Procedure ( A Restatement for the Bar), 2007

(32)

Form 10. Combined verification and certification against forum shopping

VERIFIED STATEMENT OF MATERIAL DATES

This refers to the statement bearing the date when the Decision or Judgment was

received and is added to the standard “Verification and Certification Against Forum

Shopping” in special civil actions.

55

(33)

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, JUAN DELA CRUZ, of legal age, do hereby state that I have caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of the Court on 13 April

2013; I have read its contents and affirm that they are true and correct to the best of my own

personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on 19 April, 2013 in the City

of Baguio, Philippines.

JUAN DELA CRUZ Plaintiff

(Insert JURAT)

Form 11. Combined verification and certification against forum shopping with verified statement of material dates

REQUEST FOR NOTICE & HEARING

The Notice of Hearing is actually both a REQUEST and a NOTICE; a REQUEST

for the Branch Clerk of Court to include the motion in the calendar for hearing on a

specific date and a NOTICE to opposing counsel of the hearing date requested.

56

(34)

In motions filed before the Supreme Court and the Court of Appeals, a Notice of

Hearing is not required.

57

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT Municipal Trial Court

Baguio City, Branch 6

Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the court’s calendar for hearing on Friday, 20 April 2013 at 8:30 in the morning.

ANDRE S. BONIFACIO 44 Honeymoon Road Baguio City

Please take notice that counsel has requested to be heard on Friday, 19 April 2013 at 8:30 in the morning.

JOSH E. RIZAL Counsel for Defendant

182 Session Road, Baguio City Form 12. Request for notice and notice of hearing

Notice of Hearing in Non-Litigious Motions

In non-litigious motions or ex parte motions (see MOTIONS for the enumeration

of litigious and non-litigious motions), it is sufficient that the request not contain a date;

thus, with the Notice to opposing counsel simply stating that “counsel will submit the

motion to the court for approval immediately upon receipt.”

58

57 Ibid. 58 supra, Te

(35)

NOTICE OF HEARING

THE BRANCH CLERK OF COURT Municipal Trial Court

Baguio City, Branch 6

Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof.

ANDRE S. BONIFACIO 44 Honeymoon Road Baguio City

Please take notice that counsel has requested to be heard on Friday, 19 April 2013 at 8:30 in the morning.

JOSH E. RIZAL Counsel for Defendant

Form 13. Notice of hearing in non-litigious motions

PROOF OF SERVICE

Proof of Personal Service

(36)

Copy furnished through personal service: Atty. Josh E. Rizal

Counsel for the Defendant

182 Session Road, Baguio City

Form 13. Proof of personal service

Proof of Service by Registered Mail

A written explanation, required if the service and filing of pleadings and other

papers is done by registered mail, is not required in papers coming from the court. The

explanation does not have to be verified, but it must be signed.

59

(37)

Copy furnished through registered mail: Atty. ANDRE S. BONIFACIO

Counsel for the Plaintiff

Kapangan Poblacion, Benguet

EXPLANATION

The foregoing Answer and its attachment were served on Atty. Andre S. Bonifacio by registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not being filed on time to the detriment of petitioner.

JOSH E. RIZAL Counsel for the Defendant

Republic of the Philippines} City of Baguio } S.S.

AFFIDAVIT

I, DIEGO C. LANG, a messenger of Atty. Josh E. Rizal, with office address at 182 Session Road, Baguio City, after being duly sworn, deposes and states:

That on April 18, 2013, I served a copy of the following motion by registered mail in accordance with Section 10, Rule 13 of the Rules of Court:

ANSWER Nature of the Pleading

in Case No. 1234 entitled Aurora Q. Uezon v. Imelda M. Arcos by depositing a copy in the post office in a sealed envelope, plainly addressed to Atty. Andre S. Bonifacio of Kapangan Poblacion, Benguet, with postage fully paid, as evidenced by Registry Receipt No. 1234 attached and with instructions to the post master to return the mail to sender after ten days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 19 April

2013, in the City of Baguio, Philippines.

DIEGO C. LANG

Affiant

(Insert JURAT)

Form 14. Proof of service by registered mail

Place, date, signature, address, Roll number, IBP

receipt number, PTR number, MCLE Compliance or

(38)

Counsels are required to indicate in their pleadings or other legal documents

their contact details aside from address.

60

Further, as per Supreme Court En Banc

Resolution on Bar Matter No. 1132 dated Nov. 12, 2002, all pleadings must indicate the

following:

1. Roll of Attorneys number of counsel

2. Current Professional Tax Receipt number (PTR No.)

3. IBP Official Receipt or Life Member number

As per Bar Matter 1922, MCLE compliance or exemption number for the specific

compliance period must be stated; failure to do so may mean dismissal of the case or

expunction of the pleading.

City of Baguio, Philippines, 19 April 2013.

Atty. ANDRE S. BONIFACIO Counsel for the Defendant

43 Legarda Road, Baguio City Roll No. 1234

IBP No 123/Baguio City/12.12.13 PTR No 321/Baguio City/12.12.13 MCLE Compliance No 9876

Form 15. Place, date, signature, address, Roll number, IBP receipt number, PTR number, MCLE Compliance or Exemption Number, Contact Details

AFFIDAVITS

An affidavit is a formal sworn statement of fact, signed by the declarant called an

affiant and witnessed by a taker of oath such as a notary public.

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