LYCEUM. Course Outline. Legal Forms 2015-2016

COURSE OUTLINE IN LEGAL FORMS
LYCEUM OF THE PHILIPPINES UNIVERSITY

College of Law
For the 3rd Year Law Students
2nd Semester, School Year 2015 - 2016
Mondays, 5:00 p.m. to 7:00 p.m.
I
INTRODUCTION-
basic form and content of legal documents
Form and size of document Rule 136, 15 & 16 of the Rules of Court, see
Supreme Court Resolution, 24 November 1992
The court motu proprio Resolved to further amend Sections 15 and 16, Rule 136
of the Rules of Court, as well as its Resolution of Sept. 17, 1974 as
amended by Resolution dated February 23, 1984, as follows:
Effective immediately and until further actions of the Court, all pleadings, briefs,
memoranda, motions and other papers to be filed before the Supreme
Court and the Court of Appeals shall either be typewritten on good quality,
unglazed paper, or mimeographed or printed on newsprint or mimeograph
paper, 11 inches in length by 8-1/2 inches in width (commonly known as
letter size) or 13 inches in length by 8-1/2 inches in width (commonly
known as legal size). There shall be a margin at the top and at the lefthand side of each page not less than 1-1/2 inches width. The contents
shall be written double-spaced and only one side of the page shall be used.
In the Supreme Court, eighteen (18) legible copies of the petition shall initially be
filed, and eighteen (18) copies of subsequent pleadings, briefs,
memoranda, motions and other papers shall be filed in cases for
consideration of the Court en banc and nine (9) copies in cases to be heard
before a division. One (1) copy thereof shall be served upon each of the
adverse parties in either case.
In the Court of Appeals, seven (7) legible copies of pleadings, briefs,
memoranda, motions and other papers shall be filed and one (1) copy
thereof shall be served on each of the adverse parties.
Cardinal rules in drafting legal documents:
a) must be appropriately titled, e. g. Deed of Transfer of Shares;

b) full names of the parties and their legal capacity and personal
circumstances;
c) principal clauses should be stated in separate paragraphs and
numbered accordingly;
d) technical terms and those with special meanings must be defined;
e) names of parties should be repeated when necessary and in order to
avoid ambiguity;
f) document must be free from erasures, intercalations or suspicious
alterations;
g) must state to whom the document has binding effect;
h) place and date of execution;
i) notarial
II.
JURAT
when is it used?
Practical exercises in drafting simple affidavits

III.
ACKNOWLEDGMENT two-fold function:

i.
authorizes the deed to be given in evidence without
further proof of its existence;
ii.
entitles the deed to be recorded
III.
CONTRACTS/AGREEMENTS
Parties at liberty to make stipulations and agree on terms that will embody
their intentions pertaining to the subject matter of the agreement, provided
the provisions and stipulations are not against the law, public policy,
morals, and good customs
Practical exercises in drafting simple contracts such as:
a)
Deed of Sale of a motor vehicle;
b)
Deed of Sale of a condominium unit;
c)
Deed of Transfer of shares in a corporation;
Practical exercises in drafting special contracts/agreements:
a)
Contract to Sell a House & Lot
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b)
c)
d)
e)
IV.
Real Estate Mortgage

Memorandum of Agreement between a recruitment agency in
the Philippines and a hospital in London for the deployment of
nurses
Contract of Lease
Pre-Nuptial Agreement
POWER OF ATTORNEY
Special Power of Attorney

General Power of Attorney
Revocation of Power of attorney
Art. 1868. By 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.
(1709a)
Art. 1878. Special powers of attorney are necessary in the following cases:
(1) To make such payments as are not usually considered as acts of administration;
(2) To effect novations which put an end to obligations already in existence at the time the
agency was constituted;
(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a
judgment, to waive objections to the venue of an action or to abandon a prescription already
acquired;
(4) To waive any obligation gratuitously;
(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired
either gratuitously or for a valuable consideration;
(6) To make gifts, except customary ones for charity or those made to employees in the business
managed by the agent;
(7) To loan or borrow money, unless the latter act be urgent and indispensable for the
preservation of the things which are under administration;
(8) To lease any real property to another person for more than one year;
(9) To bind the principal to render some service without compensation;
(10) To bind the principal in a contract of partnership;
(11) To obligate the principal as a guarantor or surety;
(12) To create or convey real rights over immovable property;
(13) To accept or repudiate an inheritance;
(14) To ratify or recognize obligations contracted before the agency;
(15) Any other act of strict dominion. (n)
Art. 1922. If the agent had general powers, revocation of the agency does not prejudice third
persons who acted in good faith and without knowledge of the revocation. Notice of the
revocation in a newspaper of general circulation is a sufficient warning to third persons.
Art. 1926. A general power of attorney is revoked by a special one granted to another agent, as
regards the special matter involved in the latter. (n)
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V.
CORPORATE FORMS and RELATED DOCUMENTS

Practical exercises:
a)
Proxy Form
b)
Secretarys Certificate of Board Resolution on Bank Signatories
c)
Minutes of General Meeting of Shareholders:
d)
e)
IV.
Voting Trust Agreement

Subscription Call
DONATIONS and WILLS

What are the requisites for a valid donation?
Donation inter vivos; donation mortis causa
Practical exercises:
a)
Deed of Donation inter vivos; mortis cause
b)
Attestation clause
c)
Last Will and Testament
notarial
requirements
V.
and
holographic
LAND REGISTRATION PROCEEDINGS

Petition for issuance of Duplicate or Certificate of Title (Guevara Legal Forms)
VI.
VARIOUS PLEADINGS
parts of pleadings
Civil Cases
a)
Complaint for Ejectment;
b)
Answer;
c)
Notice of Appeal from a Decision of the MeTC in a case for sum
of money where plaintiff is the prevailing party
Criminal Cases
a)
Complaint-Affidavit for estafa
b)
Counter-Affidavit
c)
Complaint Affidavit - Economic Abuse (RA 9262)
d)
Counter-Affidavit
Special Proceedings
4|Page
a)
b)
c)
Summary Settlement of Estate

Petition for Guardianship (over the property of a minor)
Habeas Corpus
Motion for Reconsideration of an Order Denying Motion to Dismiss

Appeals/Petition for Certiorari:
a)
From the NLRC to the Court of Appeals
b)
Petition for Review of a Decision of the RTC in exercise of its
appellate jurisdiction
c)
Memorandum of Appeal to the Supreme Court
VII.
MAJOR PLEADINGS
Trial Memorandum
Judicial Affidavit
Latest issuance: Efficient Use of Paper Rule13, 2013 took effect on 01 January 2013
A.M. 11-9-4-SC, November
11 January 2016
Prepared by:
ATTY. ANUNCIACION G. AYO
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COURSE OUTLINE IN LEGAL FORMS

LYCEUM OF THE PHILIPPINES UNIVERSITY

basic form and content of legal documents

a) must be appropriately titled, e. g. Deed of Transfer of Shares;

Practical exercises in drafting simple affidavits

ACKNOWLEDGMENT two-fold function:

Real Estate Mortgage

Special Power of Attorney

CORPORATE FORMS and RELATED DOCUMENTS

Voting Trust Agreement

DONATIONS and WILLS

LAND REGISTRATION PROCEEDINGS

Summary Settlement of Estate

Motion for Reconsideration of an Order Denying Motion to Dismiss

A.M. 11-9-4-SC, November

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