Legal Forms
Legal Forms
(c) avows under penalty of law to the whole truth of the contents of the instrument or document.
SEC. 3. Commission. - "Commission" refers to the grant of authority to perform notarial acts and
to the written evidence of the authority.
SEC. 4. Copy Certification. - "Copy Certification" refers to a notarial act in which a notary public:
(a) is presented with an instrument or document that is neither a vital record, a public record, nor
publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
SEC. 5. Notarial Register. - "Notarial Register" refers to a permanently bound book with
numbered pages containing a chronological record of notarial acts performed by a notary public.
SEC. 6. Jurat. - "Jurat" refers to 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.
SEC. 7. Notarial Act and Notarization. - "Notarial Act" and "Notarization" refer to any act that a
notary public is empowered to perform under these Rules.
SEC. 8. Notarial Certificate. - "Notarial Certificate" refers to the part of, or attachment to, a
notarized instrument or document that is completed by the notary public, bears the notary's
signature and seal, and states the facts attested to by the notary public in a particular notarization
as provided for by these Rules.
SEC. 9. Notary Public and Notaty. - "Notary Public" and "Notary" refer to any person
commissioned to perform official acts under these Rules.
SEC. 10. Principal. - "Principal" refers to a person appearing before the notary public whose act is
the subject of notarization.
SEC. 11. Regular Place of Work or Business. - The term "regular place of work or business"
refers to a stationary office in the city or province wherein the notary public renders legal and
notarial services.
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, such as but not limited to, passport, drivers
license, Professional Regulations Commission ID, National Bureau of Investigation
clearance, police clearance, postal ID, voters ID, Barangay certification, Government
Service and Insurance System (GSIS) e-card, Social Security System (SSS) card,
Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seamans book, alien certificate of registration/immigrant certificate of
registration, government office ID, certification from the National Council for the Welfare of
Disable Persons (NCWDP), Department of Social Welfare and Development (DSWD)
certification;
or
[Ammended:
February
19,
2008
see
also
http://www.supremecourt.gov.ph/publications/benchmark/2008/02/020819.php]
(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.
SEC. 13. Official Seal or Seal. - "Official seal" or "Seal" refers to a device for affixing a mark,
image or impression on all papers officially signed by the notary public conforming the requisites
prescribed by these Rules.
SEC. 14. Signature Witnessing. -The term "signature witnessing" refers to a notarial 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; and
(c) signs the instrument or document in the presence of the notary public.
SEC. 15. Court. - "Court" refers to the Supreme Court of the Philippines.
SEC. 16. Petitioner. - "Petitioner" refers to a person who applies for a notarial commission.
SEC. 17. Office of the Court Administrator. - "Office of the Court Administrator" refers to the
Office of the Court Administrator of the Supreme Court.
SEC. 18. Executive Judge. - "Executive Judge" refers to the Executive Judge of the Regional
Trial Court of a city or province who issues a notarial commission.
SEC. 19. Vendor - "Vendor" under these Rules refers to a seller of a notarial seal and shall
include a wholesaler or retailer.
SEC. 20. Manufacturer. - "Manufacturer" under these Rules refers to one who produces a notarial
seal and shall include an engraver and seal maker.
(3) 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) 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; and
(5) must not have been convicted in the first instance of any crime involving moral turpitude.
SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial
commission shall be in writing, verified, and shall include the following:
(a) a statement containing the petitioner's personal qualifications, including the petitioner's date of
birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP
membership number; ,
(b) certification of good moral character of the petitioner by at least two (2) executive officers of
the local chapter of the Integrated Bar of the Philippines where he is applying for commission;
(c) proof of payment for the filing of the petition as required by these Rules; and
(d) three (3) passport-size color photographs with light background taken within thirty (30) days of
the application. The photograph should not be retouched. The petitioner shall sign his name at
the bottom part of the photographs.
SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee
as prescribed in the Rules of Court.
SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary
hearing on the petition and shall grant the same if:
(a) the petition is sufficient in form and substance;
(b) the petitioner proves the allegations contained in the petition; and
(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully
understood these Rules.
The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to
Purchase a Notarial Seal in favor of the petitioner.
SEC. 5. Notice of Summary Hearing. - (a) The notice of summary hearing shall be published in a
newspaper of general circulation in the city or province where the hearing shall be conducted and
posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The
cost of the publication shall be borne by the petitioner. The notice may include more than one
petitioner.
(b) The notice shall be substantially in the following form;
NOTICE OF HEARING
Notice is hereby given that a summary hearing on the petition for notarial commission of (name of
petitioner) shall be held on (date) at (place) at (time). Any person who has any cause or reason to
object to the grant of the petition may file a verified written opposition thereto, received by the
undersigned before the date of the summary hearing.
______________
Executive Judge
SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the grant
of the petition may file a verified written opposition thereto. The opposition must be received by
the Executive Judge before the date of the summary hearing.
SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a formal
order signed by the Executive Judge substantially in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary public) of (regular place of work or business) in (city or
province) was on this (date) day of (month) two thousand and (year) commissioned by the
undersigned as a notary public, within and for the said jurisdiction, for a term ending the thirty-first
day of December (year)
_______________
Executive Judge
SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - The
Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3)
months from date of issue, unless extended by the Executive Judge.
A mark, image or impression of the seal that may be purchased by the notary public pursuant to
the Certificate shall be presented to the Executive Judge for approval prior to use.
SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. -The Certificate of
Authorization to Purchase a Notarial Seal shall substantially be in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL
This is to authorize (name of notary public) of (city or province) who was commissioned by the
undersigned as a notary public, within and for the said jurisdiction, for a term ending, the thirtyfirst of December (year) to purchase a notarial seal.
Issued this (day) of (month) (year).
_______________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have
only one official seal of office in accordance with these Rules.
SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial
acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2)
years commencing the first day of January of the year in which the commissioning is made,
unless earlier revoked or the notary public has resigned under these Rules and the Rules of
Court.
SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register
of Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or
revocation or suspension of notarial commissions, and the resignation or death of notaries public.
The Executive Judge shall furnish the Office of the Court Administrator information and data
recorded in the register of notaries public. The Office of the Court Administrator shall keep a
permanent, complete and updated database of such records.
SEC. 13. Renewal of Commission. - A notary public may file a written application with the
Executive Judge for the renewal of his commission within forty-five (45) days before the
expiration thereof. A mark, image or impression of the seal of the notary public shall be attached
to the application.
Failure to file said application will result in the deletion of the name of the notary public in the
register of notaries public.
The notary public thus removed from the Register of Notaries Public may only be reinstated
therein after he is issued a new commission in accordance with these Rules.
SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall, upon
payment of the application fee mentioned in Section 3 above of this Rule, act on an application
for the renewal of a commission within thirty (30) days from receipt thereof. If the application is
denied, the Executive Judge shall state the reasons therefor.
(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or
make a mark on an instrument or document if:
(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected
witnesses to the instrument or document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature: "Signature affixed by notary in presence of
(names and addresses of person and two \2] witnesses)"; and
(5) the notary public notarizes his signature by acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall not perform 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:
(1) public offices, convention halls, and similar places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is
confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is under
detention.
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument
or document (1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public
through competent evidence of identity as defined by these Rules.
SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) 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
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or
consanguinity of the principal within the fourth civil degree.
SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these
Rules for any person requesting such an act even if he tenders the appropriate fee specified by
these 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.
SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.
SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification.
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.
For purposes of this provision, a Memorandum of Agreement or Understanding may be entered
into by the Office of the Solicitor General and the Office of the Court Administrator.
(b) A notary/ public shall keep only one active notarial register at any given time.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in the
notarial register at the time of notarization the following:
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if the signatory is not personally
known to the notary;
(7) the name and address of each credible witness swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's regular place of work
or business; and
(10) any other circumstance the notary public may deem of significance or relevance.
(b) A notary public shall record in the notarial register the reasons and circumstances for not
completing a notarial act.
(c) A notary public shall record in the notarial register the circumstances of any request to inspect
or copy an entry in the notarial register, including the requester's name, address, signature,
thumbmark or other recognized identifier, and evidence of identity. The reasons for refusal to
allow inspection or copying of a journal entry shall also be recorded.
(d) When the instrument or document is a contract, the notary public shall keep an original copy
thereof as part of his records and enter in said records a brief description of the substance thereof
and shall give to each entry a consecutive number, beginning with number one in each calendar
year. He shall also retain a duplicate original copy for the Clerk of Court.
(e) The notary public shall give to each instrument or document executed, sworn to, or
acknowledged before him a number corresponding to the one in his register, and shall also state
on the instrument or document the page/s of his register on which the same is recorded. No blank
line shall be left between entries.
(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall
make a full and true record of all proceedings in relation thereto and shall note therein whether
the demand for the sum of money was made, by whom, when, and where; whether he presented
such draft, bill or note; whether notices were given, to whom and in what manner; where the
same was made, when and to whom and where directed; and of every other fact touching the
same.
(g) At the end of each week, the notary public shall certify in his notarial register the number of
instruments or documents executed, sworn to, acknowledged, or protested before him; or if none,
this certificate shall show this fact.
(h) A certified copy of each month's entries and a duplicate original copy of any instrument
acknowledged before the notary public shall, within the first ten (10) days of the month following,
be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is
no entry to certify for the month, the notary shall forward a statement to this effect in lieu of
certified copies herein required.
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register
shall be signed or a thumb or other mark affixed by each:
(a) principal;
(b) credible witness swearing or affirming to the identity of a principal; and
(c) witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of
a person physically unable to sign.
SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person may inspect
an entry in the notarial register, during regular business hours, provided;
(1) the person's identity is personally known to the notary public or proven through competent
evidence of identity as defined in these Rules;
(2) the person affixes a signature and thumb or other mark or other recognized identifier, in the
notarial .register in a separate, dated entry;
(3) the person specifies the month, year, type of instrument or document, and name of the
principal in the notarial act or acts sought; and
(4) the person is shown only the entry or entries specified by him.
(b) The notarial register may be examined by a law enforcement officer in the course of an official
investigation or by virtue of a court order.
(c) If the notary public has a reasonable ground to believe that a person has a criminal intent or
wrongful motive in requesting information from the notarial register, the notary shall deny access
to any entry or entries therein.
SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial register is
stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of
notarial acts, the notary public shall, within ten (10) days after informing the appropriate law
enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means
providing a proper receipt or acknowledgment, including registered mail and also provide a copy
or number of any pertinent police report.
(b) Upon revocation or expiration of a notarial commission, or death of the notary public, the
notarial register and notarial records shall immediately be delivered to the office of the Executive
Judge.
SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified true copy of
the notarial record, or any part thereof, to any person applying for such copy upon payment of the
legal fees.
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may not
sell said product without a written authorization from the Executive Judge.
(b) Upon written application and after payment of the application fee, the Executive Judge may
issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and
investigation of the latter's qualifications. The Executive Judge shall charge an authorization fee
in the amount of Php 4,000 for the vendor and Php 8,000 for the manufacturer. If a manufacturer
is also a vendor, he shall only pay the manufacturer's authorization fee.
(c) The authorization shall be in effect for a period of four (4) years from the date of its issuance
and may be renewed by the Executive Judge for a similar period upon payment of the
authorization fee mentioned in the preceding paragraph.
. (d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a
certified copy of the commission and the Certificate of Authorization to Purchase a Notarial Seal
issued by the Executive Judge. A notary public obtaining a new seal as a result of change of
name shall present to the vendor or manufacturer a certified copy of the Confirmation of the
Change of Name issued by the Executive Judge.
(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to
Purchase a Notarial Seal,
(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to
the Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate
to the Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and
the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years
after the sale.
(g) A notary public obtaining a new seal as a result of change of name shall present to the vendor
a certified copy of the order confirming the change of name issued by the Executive Judge.
RULE VIII : NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial instrument or
document shall conform to all the requisites prescribed herein, the Rules of Court and all other
provisions of issuances by the Supreme Court and in applicable laws.
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. - The notarial certificate shall
include the following:
(a) the name of the notary public as exactly indicated in the commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the notary public is commissioned,
the expiration date of the commission, the office address of the notary public; and
(d) the roll of attorney's number, the professional tax receipt number and the place and date of
issuance thereof, and the IBP membership number.
SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing the
authenticity of the official seal and signature of a notary public shall be issued by the Executive
Judge upon request in substantially the following form:
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person
named in the seal and signature on the attached document, is a Notary Public in and for the
(City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the
time of the document's notarization.
IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day
of (month) (year).
_________________
(official signature)
(seal of Executive Judge)
SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section
4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death,
shall forthwith cause compliance with the provisions of these sections.
e. In other courts, one original (properly marked) with the stated annexes attached to it.
f. Sec. 6. Annexes Served on Adverse Party. A party required by the rules to serve a
copy of his court-bound on the adverse party need not enclose copies of those annexes
that based on the record of the court such party already has in his possession. In the
event a party requests a set of the annexes actually filed with the court, the part who filed
the paper shall comply with the request within five days from receipt.
Sec. 7. Date of Effectivity. This rule shall take effect on January 1, 2013 after publication in two
newspapers of general circulation in the Philippines.
Manila, November 13, 2012.
1.
Affidavit of Desistance
Republic of the Philippines
Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Makati City
AFFIDAVIT OF DESISTANCE
WE, FERDINAND M. CASTRO and ROWENA A. CASTRO, Filipinos, of legal ages, husband
and wife, respectively, and residents of 106 Sisa Street, Sampaloc, Manila after having been duly
sworn to in accordance with law, depose and state:
1. We are the private complainant in a criminal case for Reckless Imprudence Resulting to
Damage to Property against Joel O. Castillo docketed as IS No. XV-05-INV-10G-01000 before
the Office of the City Prosecutor, Makati City
2. In this regard, the accused has already paid the damage to our vehicle;
3. In view of the payment by the accused and considering that Rowena A. Castro was not injured,
we would like to manifest that we now completely and absolutely exonerate the accused from any
liability in connection with the above-mentioned criminal case and that we are no longer
interested, and we hereby desist, in prosecuting the said criminal case;
4. As such, we respectfully pray that the aforementioned case against Joel O. Castillo be
withdrawn and/or dismissed.
IN WITNESS WHEREOF, we have hereunto set our hands this ___________________ in
_______________, Philippines.
FERDINAND M. CASTRO
Affiant
Philippine Passport No. _____
Issued at: ________________
Issued on: ________________
ROWENA A. CASTRO
Affiant
Philippine Passport No. _____
Issued at: ________________
Issued on: _______________
SUBCRIBED
AND
SWORN
TO before
me
this ___________________ in
_________________, Philippines, affiants exhibiting to me their valid proofs of identification.
2.
Affidavit of Loss
3.
address
at
address
at
- and ____________________,
of
legal
age,
Filipino,
with
residence
________________________________ hereinafter referred to as BUYER;
WITNESSETH:
WHEREAS, the SELLER is the absolute and registered owner of the following motor vehicle,
more particularly described as follows:
MODEL/MAKE : ___________________
COLOR : ________________________
BODY : _________________________
MOTOR NO. : ____________________
SERIAL/CHASSIS NO. : ____________
PLATE NO. : _____________________
WHEREAS, the SELLER desires to sell the aforesaid motor vehicle and the BUYER is able,
willing and ready to purchase the same under the terms and conditions herein below set forth;
NOW THEREFORE, for and in consideration of the sum total of FIFTY THOUSAND PESOS
(PHP50,000.00), Philippine currency, VAT Inclusive and receipt hereof is hereby acknowledged
by the said SELLER, the SELLER hereby SELL,CEDE, TRANSFER and CONVEY unto the
BUYER, in a manner absolute and irrevocable the above-described 1 Unit of 1997 MITSUBISHI
L-300 Motor Vehicle, free from any and all liens and encumbrances whatsoever and on an AS IS
WHERE IS BASIS.
The SELLER warrants that the Motor Vehicle is free from any liens and encumbrances and
that said SELLER shall defend the title and rights of the BUYER from any claims of whatever kind
or nature from third persons.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the date and at
the place first above-written.
______________________
Seller
______________________
Buyer
______________________
ACKNOWLEDGMENT
Republic of the Philippines)
Quezon City, Metro Manila ) S.S.
BEFORE ME, a Notary Public, for and in
_________________________ personally appeared:
Name
____________________
____________________
Quezon
City,
Identification Card
Issued On/At
________________
________________
_____________
_____________
this
_______
day
of
all known to me to be the same persons who executed the foregoing instrument and hereby
acknowledged to me that the same is their free and voluntary act and deed.
This instrument consisting of two (2) pages, including this page on which
this acknowledgment is written refers to a DEED OF SALE of 1 Unit of 1997 MITSUBISHI L-300
and has been signed by the parties and their witnesses and sealed with my notarial seal.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. ____
Page No. ____
Book No. ____
Series of 2013.
4.
Judicial Affidavit
___________________ VS.
___________________
CIVIL CASE NO. ___________________
HON. ___________________________
RTC-_______________, BRANCH ___
JUDICIAL AFFIDAVIT OF
PETITIONER ___________________
I, ___________________, of legal age, married, and living at ___________________, petitioner
in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. ___________________
with address at
___________________. The examination is being held at the same address. I am answering his
questions fully conscious that I do so under oath and may face criminal liability for false testimony
and perjury.
PURPOSE: This affidavit/testimony of petitioner ___________________ is being offered to prove
that the respondent ___________________ contracted marriage twice, ___________________
on ___________________, and later with the petitioner ___________________ on
___________________ while the respondents previous marriage with ___________________
was still valid and has not yet legally dissolved. Petitioner will also prove that prior to her marriage
with the respondent she was previously married to ___________________ on
___________________, which marriage was still valid and subsisting at the time she contracted
marriage with the respondent. The petitioners testimony is also offered to prove the legal basis
for the declaration of nullity of the petitioners marriage with the respondent, the same being
bigamous.
1. Q.
A.
Please state your name and other personal circumstances for the record.
___________________.
2.
Q.
A.
3.
Q.
Do you know a certain ___________________?
A. Yes sir. He was the man I married on ___________________.
4. Q.
A.
5. Q.
Are you still living with ___________________?
A. We have separated since ___________________.
6.
Q.
A.
7. Q.
A.
8.
Q.
A.
9. Q.
How about a certain ___________________, do you know her?
A.
Yes sir, he was the woman ___________________ previously married on
___________________.
10. Q.
Do you have
___________________?
A.
proof
of
marriage
between
___________________
11. Q.
What was the status of the marriage between ___________________ and
___________________ when ___________________ got married to you?
A.
His marriage with ___________________ was still valid and has not yet been
legally dissolved when he married me.
12. Q.
Aside from marriage contracts, do you have other documents to prove the
________________ married ________________ and yourself?
A.
Yes sir, I have a Certification (Exhibit C) from the National Statistics Office
(NSO) showing ___________________s record of having two marriages, to
___________________ and myself.
13. Q.
How about you, do you have previous marriage when you married when you
marry ___________________?
A.
Yes sir, I
___________________.
14. Q.
was
previously
married
to
___________________
on
A.
15. Q.
Do you have other proof that you are in fact married to ___________________
and to ___________________?
A.
16. Q.
What was the status of your marriage with ___________________ when you
married ___________________?
A.
___________________ was still alive and my marriage with his was still valid
and has not yet been legally dissolved when I married ___________________.
17. Q.
You are saying that both of you and the respondent have previous marriage at
the time you marry each other?
A.
18. Q.
properties?
A.
Yes sir.
Do you have pre-nuptial agreement with the respondent regarding your
None Sir.
19.
Q.
A.
20.
Q.
A.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ___________
2013 at ___________.
___________________
Affiant
Atty ___________________________________________
Notary Public
Commission Serial No. ____________________________
Notary Public for _______(Province/City)______________
Until December 31, 20__
Office: ______________(address)____________________
Roll No. __________
IBP Lifetime Roll No. _________; __/__/__ ; _(Province)_
PTR No. _________ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No. __________; __/__/__
I,
___________________,
of
legal
age,
Filipino,
______________________ after being duly sworn depose and say:
with
postal
address
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____ 2013 at
___________.
ATTY. __________________
Affiant
Atty ___________________________________________
Notary Public
Commission Serial No. ____________________________
Notary Public for _______(Province/City)______________
Until December 31, 20__
Office: ______________(address)____________________
Roll No. __________
IBP Lifetime Roll No. _________; __/__/__ ; _(Province)_
PTR No. _________ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No. __________; __/__/__
5.
Complaint Affidavit
IS # 134590
4. Because of terrible fear that the man would stab me if I did not give my bag to him, I
handed him my bag containing the following:
a. A brown Guess wallet with Identification cards, ATM card and a credit card inside
together with a cash worth two thousand pesos (P2,000.00).
b. A black Blackberry Curve
c. A Samsung galaxy tab SIII
d. School materials such as a blue notebook and a pen case.
5. That after the man took my shoulder bag, I screamed loudly the words magnanakaw!
Magnanakaw! Habulin niyo!
6. That maybe because of twist of luck, a police car passed by right after the said incident
which immediately chased the two men in motorcycle. They crossed Espana Boulevard
and I already lost sight of them after several seconds.
7. That the two men, as I remembered, were both wearing jackets; the man in front, driving
was wearing a blue jacket and maong pants while the man at the back was wearing a
black jacket with maong pants. The man in front was wearing a helmet while the man at
the back was wearing a black cap.
8. The motorcycle was a red Yamaha motorcycle and instead of a plate number, a plate
with the words for registration was visible from the back.
9. Both men are of normal built, appeared to be kayumanggi or brown-skinned and of
average height.
10. That after a few minutes of standing at that street, a police mobile suddenly appeared
saying that the other policemen in the car which chased the two men in the motorcycle
reported the incident to them so they went to P.Noval area and found me standing in front
of a closed establishment, almost near Espana Boulevard.
11. That I was shaking and crying when the policemen came to get me. They brought me to
the a nearby police station where I narrated the incident.
12. After about 40 minutes in the police station, there were two policemen, later on identified
as PO2 Donna Mae Anne S. Gragasin and PO2 Mark Arthur Catabona, who were
accompanying two men who appeared to be the men who grabbed my hand bag.
13. Later on, I positively identified the two men as those who were in the motorcycle because
of the black cap, the blue and black jackets that they wear respectively.
14. That the shoulder bag that was snatched from me with force and intimidation was with
PO2 Catabona already who alleged that he got the same during the apprehension that
they did. All the things inside my bag were recovered in good condition.
15. That all these stated herein are true and were stated freely without any force or
intimidation done against me.
16. To attest to the truthfulness of the foregoing, I, Rose Anne D. Bala, complainat, attaches
my signature below.
_________________________
Rose Anne D. Bala
Complainant
SUBSCRIBED AND SWORN to before me, in the city of Manila, this 22nd day of July,
2012, the affiant exhibiting to me his Passport issued by Department of Foreign Affairs Manila on
th
15 of April 2012 at Roxas Blvd, Manila.
___________________________
Jonalene A. Pagala
Assistant City Prosecutor