QUICK REVIEWER

ON PRACTICAL EXERCISES
By: Atty. Edwin M. Carillo1

Based on the official syllabus, this year’s Bar Examinations shall have a
portion on Practical Exercises as part of the exams on LEGAL ETHICS. While
this has always been a part of previous Bar Examinations, this portion was
removed in the 2012 Bar examinations after it gained prominence in the 2011
Bar Examinations when the Bar Chairman opted to insert a skills examination
on a predominantly MCQ-type exam that year, asking the candidates to draft
both a legal opinion and a trial memorandum.

This year’s Bar Exam syllabus on Legal Ethics lists the following for
Practical Exercises:

A. Quitclaim in Labor Cases;

B. Simple Contracts - - Lease, Sale of Realty or personal property;
C. Promissory Note;
D. Verification and Certificate against Forum Shopping;
E. Notice of Hearing and Explanation (All levels);
F. Affidavits – Loss, Change of Name.

Although admittedly this could determine the success of a candidate, its

importance, unfortunately, is often brushed aside mainly because of the
examinee’s fatigue or his eagerness perhaps to go home and join the
merriment happening outside the exam site. Since about an hour shall be
devoted in the preparation of three to four documents listed above, one must
be reminded to:

a. WATCH THE TIME. Time is of the essence. Consequently, only the

minimum requirements of the law must be reflected in drafting the required
form;

b. AVOID FANCY, LONG, AND NEEDLESS WORDS. Simple, concise

and grammatically correct statements are hallmarks of effective legal writing.
More importantly, they save you precious time;

c. AVOID ERASURES as much as possible because they reduce the

impressiveness of your work. To avoid erasures, do your pre-work (answer
outline) using the questionnaire you received. Remember that nothing comes
between YOU and the EXAMINER other than your written work. Thus, your
work should mirror not only legal aptitude but also neatness; and,

1
Atty. Carillo served as member of the College of Examiners in the 2011 Bar Examinations that
handled Legal Ethics and the Skills Examinations for Trial Memorandum. He is a professor of law
and bar reviewer teaching courses like, Political and Constitutional Law, Land Registration Law,
Administrative Law, Legal and Judicial Ethics, Trial Technique, and Legal Forms and Writing for
over two decades now. He currently serves the government as an Assistant Government Corporate
Counsel of the Office of the Government Corporate Counsel, an agency attached to the Department
of Justice.
 -2-

d. PUT A DATE in all the legal documents that you will draft as
required.

The patterns of legal forms, i.e., Business Legal Forms or Judicial Legal
Forms would be useful here. Familiarize yourselves with their respective
patterns to save you time when drafting any of them during the examinations.

A. BUSINESS LEGAL FORMS

I. AFFIDAVITS or SWORN STATEMENTS

An affidavit is a sworn declaration of facts known to a declarant or affiant. It consists

of the following parts: the Venue of Execution, Title, Person’s Bona Fides, the Oath,
Statement, the Signature and the Jurat. (Code: VeTiPe-OSta-SiJu) Of all these parts, the
jurat is most important as this is the certification of an officer that the statement was sworn
before him. Section 6, Rule II of the 2004 Rules on Notarial Practice (RNP) defines a jurat
as an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or
document. (This means that the declarant vows under penalty of law to the whole truth
of the contents of his statement. Note also that the elements of a jurat are connected by
a conjunctive “and”. As such, each one act should be reflected in the jurat.)

Check out the following sample of an affidavit:

Republic of the Philippines)

City of Manila ) S.S.

AFFIDAVIT

I, FERNANDO K. ROCO, of legal age, married, residing at 505 V.G.

Cruz, Sampaloc, Manila, state under oath that:

1. I own a car described as follows:

Make: Toyota Corolla 1987; Motor: EMC14356C

Serial/Chassis: CDC042094, File: 2345567E
Reg. Cert.: 4567EC, Plate: PPA 863

2. This car is registered in my name before the Land Transportation

Office in 2014 for which I was issued a registration certificate.

3. This registration certificate was among those destroyed on 14 June

2015 when my entire house was razed by fire.

Manila, 6 June 2017.

(SGD.) FERNANDO K. ROCO

 -3-

Affiant

┐
│
SIGNED AND SWORN before me this 6 June 2017 at Manila, affiant │
exhibited to me his Passport JJ2003*, issued on 9 January 2016 at Manila. │
│
│
(SGD) JUAN C. MENDOZA │
Notary Public for Manila │
Suite 212 Burke Building, Escolta, Manila │Jurat
Commission Serial 54342 │
Until Dec. 31, 2018 │
Roll of Attorney 38718 │
PTR 56789; 1-12-17; Manila │
IBP 24680 1-12-17 Manila │
Doc. 12; │
Page 8; │
│
Book II;
┘
Series of 2017.

*The passport number is indicated here as a competent evidence of identity defined

under Section 12, Rule 2 of the 2004 RNP, which provides:

SEC 12. Competent evidence of Identity – The phrase “competent

evidence of identity” refers to the identification of an individual based on:

(a) at least one current identification document issued by an official

agency bearing the photograph and signature of the individual; or

(b) the oath or affirmation of one credible witness not privy to the
instrument, document or transaction 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, document or transaction who each
personally knows the individual and shows to the notary public documentary
identification.

AFFIDAVITS OF GOOD FAITH

This statement, jointly executed by the mortgage parties, is used only in chattel
mortgage contracts signifying that their agreement is valid and not for fraud. The absence of
this affidavit can render the contract void. This is a favorite form among examiners, as it will
require examinees to accomplish four (4) forms in one question, namely:

1. (DRAFT OF BASIC CHATTEL MORTGAGE CONTRACT)

2. (ACKNOWLEDGMENT)

3. AFFIDAVIT OF GOOD FAITH

WE, the undersigned parties, under oath declare that:

1. We are the parties to the foregoing Chattel Mortgage; and,

2. We executed said mortgage in good faith to secure a valid

obligation not for the purpose of fraud.

(SGD.) Mortgagor (SGD.) Mortgagee

 -4-

4. (JURAT)

CERTIFICATIONS
Another common sworn statement is the corporate or partnership certification.
Corporations produce resolutions, which may be certified either by the Corporate Secretary
or by the Board of Directors itself. Such certifications are known as the Secretary's
Certificate or Directors’ Certificate, respectively. In case of the latter, the Directors who
actually took part in the deliberation of the resolution shall sign it. In the case of
partnerships, the managing partner or all the partners execute certifications. Look at the
sample certificate below.

SECRETARY'S CERTIFICATE

As corporate secretary, I certify that last 3 May 2014 the Board of

Directors of the All-Star Consumer Product Corporation met at its principal
office in Makati City and passed the following resolution which to date remains
effective without amendments:

"Resolved that the Corporation shall open and maintain a

current account with Piso Bank (Makati branch) and funds from
it could be withdrawn with the signature of the President and the
Treasurer only."

Makati City, 15 January 2017.

(SGD). RODOLFO E. POLICARPIO

Corporate Secretary

(JURAT)

SAMPLE PROBLEM / ANSWER

Given the items in the syllabus, a possible problem can be asked in this manner:

18. Bernardo B. Sales filed a complaint against Seize Tomorrow

Corporation (STC) and a number of its officers before the arbitration branch of
the National Labor Relations Commission, Regional Office IV located in
Calamba City, Laguna, docketed as NLRC Case RAIV 82345-07 for a number of
issues arising from the last company action against him. During the mandatory
conference between the parties, they amicably settled their differences such that
Bernardo shall receive PhP500,000.00 by way of financial assistance from STC in
exchange for his commitment not to do any act prejudicial to the interest of the
company, its branches, or its projects arising from or with respect to his previous
employment and his outright execution of a quitclaim against the same
company and officers. Draft the needed document.

And the answer to this can be as follows:

18.
Republic of the Philippines)
Calamba City, Laguna) S.S.

QUITCLAIM AND RELEASE

I, BERNARDO B. SALES, of legal age, married, and residing at 801

Naujan St., Calamba City, Laguna, hereby state under oath:
 -5-

1. I acknowledge to my full and complete satisfaction that I have

received PhP50,000.00, by way of financial assistance from Seize Tomorrow
Corporation (STC), holding office at Balut, Tondo, Manila.

2. I now admit that I have no further claim or cause of action against

STC, its officers or employees with respect to any matter incident to or arising
out of my previous employment. Consequently, I will institute no action with
respect to it even as I now release and forever discharge the company, its officers
and employees from any claim, cause of action, or any further obligation in
connection with it. I fully acknowledge that the consideration received is and
shall be the full and final settlement of any and all such claims.

3. Finally, I declare that I have read this document and the quitclaim
given is made willingly and voluntarily and with full knowledge of my rights
under the law.

SIGNED this 6 June 2017 in Calamba City, Laguna.

(SGD.) BERNARDO B. SALES

Affiant

SIGNED AND SWORN before me this 6 June 2017 by affiant whom I

personally know.

(SGD) JUAN C. MENDOZA

Notary Public for Calamba City, Laguna
Suite 212 Burke Building, Calamba City, Laguna
Commission Serial 54342
Until Dec. 31, 2018
Roll of Attorney 38718
PTR 56789 1-12-18; Calamba City
IBP 24680 1-12-18 Calamba City

Doc. 6;
Page 4;
Book I;
Series of 2017.

II. DEED FORMS

A Deed indicates the unilateral act of a person in disposing his property or right in
favor of another after his receipt of a consideration. The transaction is terminated by the
conveyance of the thing or right. A typical deed has the following parts: Title,
Announcement, First Party, Consideration, Act or Conveyance, Second Party, Signature
and Acknowledgment. (Code:TAF-CAS-SA) Observe these parts in the deed below.

DEED OF SALE

THE PUBLIC IS INFORMED:

I, PROCOPIO C. CRUZ, of legal age, married, and residing at 12 Apo St.,

Quezon City, for and in consideration of the sum of PHP100,000.00, hereby sell,
convey, and transfer on an “as is where is” basis my motor vehicle, more
particularly described as follows:

Make: Toyota Corolla 1987; Motor: EMC14356C

 -6-

Serial /Chassis: CDC042094, File: 2345567E

Reg. Cert.: 4567EC, Plate: PPA 863

to RICARDO LIM, of legal age, married, and residing at 2 Bangkal St., Manila.

SIGNED this 8 July 2014 in Quezon City.

(SGD.) PROCOPIO C. CRUZ

Seller
With my consent:

(SGD.) Helen Y. Cruz

Spouse

(ACKNOWLEDGMENT)

If the act or conveyance is altered, the deed could be converted into another one.
The operative statement would change depending on what the examiner demands from the
examinee. The common deeds asked in the bar in the past are deeds of assignment,
donation inter vivos, easement of right of way, real estate or chattel mortgage, and powers
of attorney.

In drafting a deed of donation inter vivos, do not forget the acceptance of the donee
and the donor’s declaration that he reserved sufficient properties for himself and his
creditors. The operative statement that should be remembered would be something like
below:

"for and in consideration of my love and respect for CARMINA DE JOYA, I

do hereby transfer and convey by way of donation”

Check out the following operative statements for the following specific deeds:

In a Deed of Repurchase of Land sold under Pacto de Retro:

"for and in consideration of the amount of P1 million, do hereby

RESELL and RECONVEY"

In a Deed of Assignment:

"for and in consideration of the sum of P50,000 do hereby ASSIGN,

and TRANSFER "

In an Easement of Right of Way:

"for and in consideration of the sum of Pesos: One Million, do

hereby agree and permit Ramon Santos a permanent easement of right of
way over my above property not to exceed two meters wide"

In Extrajudicial Settlement Among Heirs:

"the parties hereby agree to divide and adjudicate among

themselves the above described property as follows"

III. CONTRACT FORMS

In drafting an agreement using a contract form, you must remember that it should
contain the essential requirements of object, consideration, and consent. The peculiarities of
a specific contract should also be taken into consideration. Using a contract form means that
 -7-

you must show the parties’ respective undertakings. A contract usually has the following
parts: Title, Announcement, Actors, Recitals, Agreement, Conditions, Signatories and
Acknowledgment. (Code: TAA-RAC-SA) Observe these parts in the contract below.

CONTRACT OF SERVICE

THE PUBLIC IS ALERTED:

This Agreement is executed between:

TOMAS S. BALATAN, Filipino, of legal age, and residing at 1435

Mindanao Avenue, Quezon City;

- and -

JUAN N. BUELTA, Filipino, of legal age, and residing at 789 Craig St.,
Sampaloc, Manila.

Recitals (or Antecedents):

TOMAS owns a house and lot at the above given address and his
property requires the prompt installation of a deep well;

JUAN is engaged by the business of supplying and installing deep

wells to draw potable water and has expressed his willingness to service the
requirements of TOMAS under certain terms and conditions;

Consequently, in consideration of the terms and conditions stated

below, the Parties mutually agree as follows:

1. TOMAS shall pay JUAN the sum of (P40,000.00) for both materials
and labor cost payable as follows:

1.1. Upon signing this contract - - PhP15,000.00;

1.2. The balance shall be paid upon delivery to TOMAS of the

completely functional deep well utility.

2. JUAN warrants that the deep well it shall install and deliver to
TOMAS shall be free from hidden defects and against poor worksmanship.

3. JUAN assures TOMAS that the deep well shall yield the normal
volume of potable water for a standard family of six. Otherwise, the JUAN
undertakes to re-do the work at no cost to TOMAS. Should the project be
redone that will require installation of extra pipes of at least 12 feet long,
TOMAS shall defray the cost of the materials.

The deficiency of this contract shall be supplemented by the provision

of existing law.

17 August 2014, City of Manila.

(SGD.) TOMAS S. BALATAN (SGD.) JUAN N. BUELTA

Signed in the presence of:

(SGD.) JACINTO C. TIRAPA (SGD.) FELICITO F. NANLUMO

 -8-

(ACKNOWLEDGMENT)

Note well that deeds and contracts forms both speak of agreements and, therefore,
covered by the civil law concept of contracts. They vary in templates or forms used as
shown above. Deed forms are unilateral and, therefore, a first person’s point of view is
utilized. Contract forms demonstrate bilateral or multilateral acts or undertakings. As such,
the third person’s viewpoint is recommended in drafting this.

ACKNOWLEDGMENTS (COMMON TO ALL DEEDS & CONTRACTS)

Section 1, Rule II of the 2004 RNP defined acknowledgment as an act in which an

individual on a single occasion:
(a) appears in person before the notary public and presents an integrally complete
instrument or document;
(b) 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 Rules; and,
(c) represents to the notary public 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.
Thus, the notary public speaks in this part of the deed or contract. Take a look at the
sample below.

ACKNOWLEDGMENT

The following personally appeared before me:

Name Passport No. Date/ Place Issued

1. Tomas S. Balatan CC123330 1-05-2002/ Baguio City
2. Juan N. Buelta JJ200345 1-17-2004/ Manila

They are known to me to be the same persons who executed the foregoing
contract and they acknowledged that their signatures prove their voluntary acts
for the purposes stated in the document.

SIGNED AND SEALED in Manila, 15 August 2016.

(SGD.) Juan C. Mendoza

Notary Public for Manila
Suite 212 Burke Building, Escolta, Manila
Commission Serial 54342
Until Dec. 31, 2017
Roll of Attorney 38718
PTR 56789; 12 Jan. 16; Manila
IBP 24680; 12 Jan. 16; Manila
Doc. 12;
Page 8;
Book II;
Series of 2016.

(Special Requirement in Conveyance of Real Property pursuant to Act

496, as amended)
 -9-

This paragraph should be added before the notary public’s signature:

This deed/contract relates to the sale of a parcel of land situated in

Quezon City consisting of two pages, including this where the acknowledgment
is stated and was signed by the parties and their witnesses in the left margin of
every page.

(Special form of acknowledgment for notarial wills)

JOINT ACKNOWLEDGMENT

BEFORE ME, personally appeared:

Name Passport Nos. Date/ Place Issued

1. Tomas S. Balatan CC123330 1-05-2002/ Baguio City
2. Juan N. Buelta JJ200345 1-17-2004/ Manila
3. Enrique C. Abergas BB947556 4-23-2001/ Manila
4. Marivic J. Cabron DC234348 8-14-2000/ Manila

all known to me to be the same persons who signed the foregoing Will, the first as
Testator, and the last three as instrumental witnesses, and they respectively
acknowledged to me that they signed the same as their own free deed.

This will consists of two pages, including the page on which this
acknowledgment is written, and has been signed on the left margin of each and
every page of it by the testator and his witnesses, and sealed with my notarial seal.

16 August 2004, City of Manila.

(Notarial signature and notarial certificate)

(Special form of acknowledgment if deed/contract is executed by a

corporation)

ACKNOWLEDGEMENT

BEFORE ME, personally appeared:

Name Competent Evidence Date/ Place Issued

of Identification

1. Tomas S. Balatan, Passport CC123330 1-05-2002 / Baguio City

President of True All-
Star, Inc.

2. Juan N. Buelta, Passport JJ200345 1-17-2004 / Manila

President of Right Pak,
Inc.

They are known to me to be the same persons who executed the foregoing
contract on behalf of the corporations they represent and acknowledged to me
that the same is their voluntary acts and that of the corporation being
represented.

City of Manila, 17 August 2004.

 - 10 -

(Notarial Signature and Certificate)

*Based on Section 1, Rule II of the 2004 Notarial Rules, only individuals can be
parties in the acknowledgment process. Corporations cannot take part in the process even if
they are the real party to the contract or deed. If a corporation is a party to the contract, its
representative must act for it and must so indicate in the acknowledgment that he acts in
such representative capacity. Unless required, It is advisable to simply refer in the drafted
deed or contract the specific authority of the corporation’s representative.

*The absence of an acknowledgment will not render the contract or deed void except
when the law requires that a contract be in some form in order that it may be valid or
enforceable like acts and contracts which have for their object the creation, transmission,
modification or extinguishment of real rights over immovable property; sales of real property
or of an interest in it which under the law must appear in a public instrument. An
acknowledgment, therefore, in these special cases is a must.

SAMPLE PROBLEM / ANSWER

Again, given the released syllabus, a possible problem that can be asked is - -

22. Ricardo Gonzales, who resides at 1340 Amihan Road, Paseo de

Encantadia, Cainta, Rizal, asked his friend Ernesto Roman for a PhP1.5 million
loan and promising to pay him in full, without further amortizations, on year
two from the date he executes the note with 12% interest per annum. Ernesto
agreed but imposes the condition that if the amount will not be paid in full on
the second year as promised, forcing him to litigate to collect the loan he gave,
he would sue only in Manila where he resides. Draft the parties’ document
without the notarial certificate.

The Answer:
22.
Promissory Note

For value received of PhP1,500,000.00, I RICARDO C. GONZALES, of

legal age, married, and residing at 1340 Amihan Road, Paseo de Encantadia,
Cainta, Rizal, do hereby promise to pay Ernesto G. Roman, of legal age, single
and residing in 2345 Zafiro Street, San Andres Bukid, Manila, the full amount
that I received above plus interest of 12% per annum exactly on the second year
from the date of this note.

In case of litigation arising from or in connection with this note, the

venue for trial shall be competent court of the City of Manila to the exclusion of
all others and an amount equivalent to 25% of the total claim shall be due and
demandable as attorney's fees.

SIGNED this 9 June 2017, in Manila.

(SGD.) RICARDO C. GONZALES

Promissor/Borrower
With my consent:

(SGD.) ROSELLE G. GONZALES

Spouse

Acknowledgment
 - 11 -

Ricardo C. Gonzales, whom I personally know, appeared before me this

9 June 2017. He executed the foregoing promissory note and acknowledged to
me that his signature on it proves his voluntary act for the purposes stated in it.

(Notarial certificate deleted)

B. JUDICIAL FORMS

A typical judicial form takes a single pattern and has the following parts: (1) Caption;
(2) Title (3) Introduction; (4) Body; (5) Relief; (6) Attorney’s Box; and (7) Addenda. (Code:
Cap-TIBRA-A) The caption sets forth the name of the court, the title of the action and the
docket number if assigned. (Cf. Section 1, Rule 7, Rules of Court) The title referred here is
the title of the document, either complaint, petition, motion, opposition, answer, reply, etc.
The Introduction presents the writing party to the reader. The Body sets forth its designation,
the allegations of the party’s claims and defenses and the date of the pleading. The Relief
box indicates the specific relief sought by the party including the general prayer for further
relief as may be deemed just and equitable. The Attorney’s box indicates the name and
signature of the lawyer, his office address (not post office box), his Integrated Bar of the
Philippines and professional tax receipt numbers. The latest Supreme Court circular also
requires the inclusion of the lawyer’s roll number. A counsel’s failure to indicate his roll
number renders the document a scrap of paper. An unsigned pleading produces no legal
effect. A lawyer’s signature is a certification that: he has read the pleading; to the best of his
knowledge, information, and belief, there is a good ground to support it; and that it is not
interposed for delay. The Addenda to these documents usually vary depending on the
judicial form being drafted. Observe these parts from the samples below.

I. COMPLAINTS

Rule 6 of the Rules of Court, as amended, has consistently required that complaints
be concise enough to contain mere ultimate facts of a plaintiff’s cause/s of action. The body
of the complaint is most important. In Javelosa vs. Court of Appeals, (G.R. 124292, 265
SCRA 493 [1996]), the Supreme Court held that “what determines the nature of an action,
as well as which court or body has jurisdiction over it, are the allegations of the complaint
and the character of the relief sought.” In this regard, the body of the complaint usually has
two parts: the identity of the parties and the cause of action (a statement of the right of the
plaintiff and a statement of the defendant's violation of such right). Note that in Manchester
Development Corporation, et al. vs. Court of Appeals, et al. (G.R. 75919, 7 May 1987), the
Supreme Court held that “all complaints, petitions, answers and other similar pleadings
should specify the amount of damages being prayed for not only in the body of the pleading
but also in the prayer, and said damages shall be considered in the assessment of the filing
fees in any case. Any pleading that fails to comply with this requirement shall not be
accepted nor admitted, or shall otherwise be expunged from the record.”

The addenda in a complaint are the verification (when required) and the certification
against forum shopping (mandatory). A sample complaint is provided below.

___________________________________________________________________

(1) Republic of the Philippines

METROPOLITAN TRIAL COURT
National Capital Judicial Region
Branch 13, Manila

PEDRO C. LABO,
Plaintiff,

- versus - Civil Case: 5432

For: Unlawful Detainer
 - 12 -

JOSE B. LINAW,
Defendant.
x-------------------x

(2) COMPLAINT

(3) Plaintiff, by counsel, states:

(4) The Parties

1. Pedro is a resident of 143 Vicente Cruz St., Sampaloc, Manila.

2. Jose, on the other hand, is a Filipino, married and resides at 789

Mayhaligue St. Binondo, Manila where he may be served with summons and other
court processes.

Cause/s of Action

3. The parties executed a lease contract on 28 August 2013 for Jose’s use of
a house and lot owned by Pedro located in Binondo. A copy of this contract is
attached as Annex A. Part of the agreement is the payment of P15,000.00 monthly
rent.

4. While initially Jose paid his obligation, he suddenly breached his

undertaking by not paying his rental beginning January 2014. Oral and written
demands to pay his obligation fell on deaf ears. To date, his unpaid obligation
ballooned to P120,000.00. A copy of the last demand letter urging him to pay his
arrears and vacate the premises is attached as Annex B, while a copy of his latest
unpaid billing is enclosed as Annex C.

5. Because of Jose’s unjustified refusal to heed his just demands, Pedro was
constrained to institute this suit, incur litigation expenses to be proved during trial
and retain the services of a lawyer for a fee of P40,000.00, all of which he deserves
to be reimbursed.

(5) Relief

ACCORDINGLY, Pedro asks that judgment be rendered ordering Jose and

all other persons acting on his behalf to:

1. Vacate the house and lot subject of this complaint;

2. Pay plaintiff the sum of P120,000.00 as unpaid rentals with legal
interest from the date the complaint is filed; and,
3. Pay him litigation expenses and attorney’s fees of P40,000.00.

Other reliefs just and equitable are also asked for.

Manila, 7 August 2014.

(6) MARCELO B. FERNANDO

Counsel for Plaintiff
Suite 1234 Richmond Tower
E. Rodriguez Avenue, Quezon City
Roll of Attorney 35677
IBP 14344; 1-19-14; Quezon City
PTR 867765; 1-20-14; Quezon City
MCLE Compliance Cert 11; 5-10-14
 - 13 -

(7) VERIFICATION/CERTIFICATION - See below

ADDENDUM TO COMPLAINTS AND PETITIONS:

VERIFICATION/CERTIFICATION. Verifications are required only in cases provided for

by the Rules of Court and other circulars. (Cf. Section 4, Rule 7, 1997 Rules on Civil
Procedure). The revised rules on summary procedure for instance require that all pleadings
be verified. (Cf. Section 3 (B) (II), Revised Rules on Summary Procedure)

Certifications against forum shopping are necessary in complaints or other initiatory

pleadings (Cf. Section 5, Rule 7, 1997 Rules on Civil Procedure). A counsel cannot certify
against forum shopping; it should be the plaintiff. A certification against forum shopping by
counsel is a defective certification. It is clearly equivalent to non-compliance with the
requirement under the rules and constitutes a valid cause for dismissal of the complaint or
petition. (Cf. Far Eastern Shipping Company vs. Court of Appeals, et al., G.R. 130068, 1
October 1998) If the plaintiff is a corporation, it should be signed by its authorized officers.
Failure to comply with this requirement could be a cause for dismissal of the action but only
upon motion and hearing. The defect is not curable by amendment. (Cf. Barroso v. Ampig,
Jr., 328 SCRA 530) Since verifications and certifications against forum-shopping are
required to be under oath, they are usually combined to avoid a repetitive process. See the
sample below:
___________________________________________________________________

Verification/Certification

I, Pedro Labo, plaintiff in the above-entitled case, state under oath that: (1) I
have read the above complaint and the facts stated in it are true and correct to the
best of my knowledge and/or based on authentic documents made available to
me; (2) I have 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 my
knowledge, no such other action or claim is pending in them; and (3) if I should
learn that the same or similar action or claim has been filed or is pending after its
filing, I shall report that fact within five days from notice to the court or where the
complaint or initiatory pleading has been filed.

Manila, 7 August 2014.

(SGD.) PEDRO C. LABO

(JURAT)

III. MOTIONS (Cf. Rules 15 and 16, Rules of Court, as amended) The Body of a motion
usually has two parts: the ground for the motion and the argument in support of the motion.
Motions can either be litigated or non-litigated.
_________________________________________________________________________

Sample Motion 1 (Litigated)

(CAPTION)

MOTION TO DISMISS

Defendant Jose B. Linaw (Jose), by counsel, moves to dismiss the

complaint filed by Pedro C. Labo (Pedro) on the sole ground that the venue of
the litigation is improperly laid.

Argument
 - 14 -

The contract between the parties declares that in case litigation

becomes inevitable, “all cases shall be brought before the proper court of Pasig
City to the exclusion of all others.” By filing the complaint before this court in
Manila, a place obviously convenient to Pedro, he violates the clear tenor of his
agreement with Jose. Consequently, a prompt dismissal of the case becomes
necessary.

Relief

ACCORDINGLY, Jose asks that Pedro’s complaint be dismissed

forthwith.

Other reliefs just and equitable are also prayed for.

[Explanation of Service: Due to constraints in distance and time, a copy

of this motion shall be served by registered mail.] (Required under Section 11,
Rule 13, Rules of Court, as amended. A violation of this requirement
“may be cause to consider the paper as not filed.” See: Solar Team
Entertainment, Inc. v. Hon. Helen Bautista Ricafort, et al. G.R. 132007, 5
August 1998)

7 March 2017, Quezon City for Manila.

(Attorney’s Box)

(Notice of Hearing) – See Below

____________________________________________________________________________

Sample Motion 2 (Non-litigated)

(CAPTION)

MOTION TO RESET

Plaintiff Pedro C. Labo (Pedro), by counsel, states:

1. The Court scheduled a hearing on 20 March 2017 at 8:30 o’clock in the

morning

2. Unfortunately, on that date and time, the undersigned counsel has

committed to attend another case entitled: Labo vs. Bawi (Civil Case 23456) before
the Regional Trial Court of Manila, Branch 42, the schedule of which was set
prior to this.

ACCORDINGLY, Pedro asks that the hearing set on 20 March 2017 be

cancelled and moved to a later date preferably on 8 July 2017 or any date
convenient to the Court and the adverse party.

[Explanation of Service: Due to constraints in time and distance, a copy

of this motion shall be served by registered mail.]

Manila, 12 March 2017.

(Attorney’s box)

(Notice of Hearing)- See below

_____________________________________________________________________

ADDENDUM TO MOTIONS.
 - 15 -

NOTICES OF HEARING.

The Rules of Court requires that the notice should be directed to the parties (counsel
included) NOT TO THE CLERK OF COURT. Otherwise, the motion shall be considered a
sham or a mere scrap of paper (Cf. Mesina, et al. vs. Court of Appeals, G.R.110946, 24
October 1994). Moreover, the rules provide that the motion day and time be on Friday at
2:00 o’clock in the afternoon. While in actual practice this rule is usually observed in the
breach, you are expected to conform strictly to this requirement as a Bar examinee. Motions
are either litigated or not. Non-litigious motions are those that may be acted upon by the
Court without further argument like a motion to reset or a motion for postponement. All other
motions are litigated and should be acted upon after due hearing. Check the sample notice
below.
___________________________________________________________________________

(ASSUME THAT PARTS 1-6 OF AN ORDINARY JUDICIAL FORM

HAVE BEEN DRAFTED)

Notice and Copy furnished:

Atty. PEDRO PENDUKO

Counsel for the Defendant
(Address)

Sir:

Due to the non-litigious character of the foregoing motion, please submit

the same to the Court for its immediate consideration and approval.

(or if litigated motion)

Please note that the undersigned counsel shall submit the foregoing
motion for the Court’s resolution on 9 June 2017, Friday, at 2:00 o’clock in the
afternoon.

(SGD.) CRISANTO Y. MENDEZ

_________________________________________________________________________

VII. FINAL CONSIDERATIONS

Completing a required document for practical exercises will not be enough if your
aim is to submit an excellent work. Excellent writing needs editing, just as excellent furniture
needs finishing touches. Here are some editing tips that you can apply before turning over
your booklets to the proctor:

1. Aside from avoiding needless words to save on time, use the active voice instead
of the passive voice. Passive voice is indirect, limp, and weak. On the other hand, the active
voice is direct, vigorous, and strong. Sense the difference.

Abel was killed by Cain. (Passive) Cain killed Abel. (Active)

2. Use the right connectives. You need the help of connectives or transitory devices
to link your ideas one after the other and present a unified thought. You cannot assume that
your reader can read unspoken tie-ups between ideas. Consider the following useful
connectives:
 - 16 -

Connective
And
Besides, what is more, furthermore, in
addition, and again
First, next, then, finally; meanwhile
Nearby, above, below
But, still, however, on the other hand,
nevertheless, rather
In fact, as a matter of fact,
Therefore, consequently, accordingly
In short, to sum up, in brief
Function
Connects two ideas of the same
kind
Adds another thought to the first
Arranges ideas in order
Arranges ideas in space
Connects two contrasting ideas
Connects the first idea with the
second one that points it up; the
second one affirms of validates the
first idea
Connects an idea with another that
follows from it.
Summarize several ideas

3. Avoid legalese and old English. Legal clichés have become hackneyed and
weak. To non-lawyers, they may even sound pretentious, unnatural or artificial, if not
arrogant. Phrases and words like to wit, instant case, aforesaid complaint, herein method,
thereat and theretofore deserve to be abandoned in favor of simpler words.

4. Be simple. Some have the mistaken belief that they will sound more dignified and
lawyerly if they use polysyllabic words like “accompanied” or “informed” instead of “went
with” or “told”, respectively. Your written work will have the same tone of formality and
dignity as long as it is serious and thoughtful. As a rule, a simple familiar word that means
exactly the same thing is the better choice.

5. Check your grammar. In presenting answers, ensure that the subject agrees with
the verb. Use proper tenses and punctuations, too.

oOo

Good Luck to all Barristers!