SAMAYLA, Luriza Q.

Legal Forms Assignment for Week 4-5

Part I. Preliminary Matters

A. The art of conveyancing and of drafting documents and pleadings

1. It’s very critical that it can either make a lawyer lose or win a case;
2. Experience and great linguistic acumen is equally essential;
3. It must be properly conveyed and drafted to be the foundation of the
litigation;
4. Must be clear on stating the party’s stand;
5. Involves a thorough knowledge and understanding of the legal provisions
applicable on the subject matter

B. Why should an Agreement be in writing?

1. Doubt regarding the terms of the parties is lessened;
2. Verbal agreements are vague;
3. Issues regarding the agreement are more contemplated;
4. It is easier to prove in court; and
5. It is more certain than verbal agreements.

C. The Rules on Notarial Practice of 2004

1. Focused on the traditional notarial practice;
2. Same rules are implemented in the 2020 Remote Notarization of Paper
Documents except for the actual appearance rule;

F. Judicial Affidavit Rule

1. May speed up the hearing of witness' testimonies;
2. Takes so much time to make ---- formulating questions and answers;
3. Slows down the work progress of lawyers who handles numerous cases;
4. Disadvantageous to the defendant; and
5. The inclusion of the lawyer’s attestation puts the latter’s integrity at risk

G. Efficient Use of Paper Rule (effective October 2013)

1. Reduces the excessive use of paper;
2. Saves the forest;
3. Helps reduce the effects of climate change;
4. Reduces the pile of papers that courts have to go through; and
5. May actually speed up the court’s job.
Part II. Acknowledgment and Jurat

A. Distinctions

ACKNOWLEDGEMENT JURAT

 indicates that the signer, (a) personally  notary guarantees that the signer, (a)
appeared before the Notary; (b) was personally appeared before the notary;
identified by the Notary; and (c) (b) was given an oath or affirmation by
acknowledged to the Notary that the the notary, and finally; (c) signed in the
document was freely signed. Notary’s presence.

 used to verify the identity of the  used when the signer is swearing to
signer and to confirm that they signed the content of the document.
the document.

 contain the words, “acknowledged

before me”  contain the words, “subscribed and
sworn to (or affirmed) before me.”

B. Instruments that must be acknowledged

1. instruments affecting land
2. Deeds
3. Mortgages
4. Leases
5. powers of attorney.
6. articles of incorporation
7. Bonds
8. assignments of mortgages.

Part III. Affidavits and Authentication

REPUBLIC OF THE PHILIPPINES
MALAYBALAY CITY

AFFIDAVIT OF LOSS

I, MARIA JANE GONZALES, of legal age, single, Filipino, with

residence at Zone 4, Kalasungay, Malaybalay City, after having been sworn
to in accordance with law hereby dispose and state that:

1. I am an employee of Gaisano Mall. As such, I was issued an

Employee ID.

2. On January 10, 2021, while I was on my way home I encountered a

snatching incident where all my belongings including my Employee
ID was snatched.

3. I resorted to any means possible to restore possession of even just

my IDs, but it was of no avail; hence, the same was declared lost.

4. I execute this affidavit to attest to the truth of the foregoing, and to

secure another Employee ID, and for whatever legal purpose it may
serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day

of March 2021 at Malaybalay City, Bukidnon, Philippines.

MARIA JANE GONZALES

Affiant

SUBSCRIBED AND SWORN to before me this 4th day of March

2021 in Malaybalay City, Bukidnon, Philippines. Affiant exhibited to me her
competent evidence of identity as MARIA JANE GONZALES.

Notary Public

Doc. No. 1234;

Page No. 5678;
Book No. 910;
Series of 2021
REPUBLIC OF THE PHILIPPINES
MALAYBALAY CITY

AFFIDAVIT OF MERIT

I, JOSEPH SANTOS, of legal age, Filipino, and resident of Casisang,

Malaybalay City, after being duly sworn to in accordance with law hereby
dispose and state that:

1. I am the Petitioner in the case entitled SANTOS vs VELEZ

docketed as Civil Case No. 06-229 and pending before the Regional
Trial Court;

2. I have caused the preparation of the “Motion for Reconsideration”

to which affidavit is attached;

3. I have read the allegations contained therein and I hereby state that
the same is true and correct of my personal knowledge and based on
authentic records.

4. I have received a copy of the resolution of the Regional Trial Court

dismissing my petition for failure to prosecute for an unreasonable
lenth of time.

5. The reason to my failure to proceed with the steps necessary for

my case was due to the fact that my counsel, Atty. Luriza Q. Samayla,
was admitted in the National Heart Center for an emergency
operation;

6. The foregoing circumstance that led to the dismissal of my petition

constitute an excusable negligence which ordinary prudence could
not have prevented and by reason of which I have been deprived of
my rights, especially that a decision was rendered by the court
without me having the chance to present my evidence;

7. I voluntarily execute this Affidavit of Merit to attest to the truth of

the foregoing facts and in order to support the grounds in my “Motion
for Reconsideration” as it really shows that the same is meritorious
and in order that the dismissal of my petition be set aside.

Affiant adds nothing more at this time.

March 4, 2021
 JOSEPH SANTOS
Affiant

REPUBLIC OF THE PHILIPPINES

MALAYBALAY CITY

AFFIDAVIT OF GOOD FAITH

I, ELENA SAME, of legal age, single, residing at Impalutao,

Impasug-ong Bukidnon, after being sworn in accordance with law, depose
and say that:

1. I am an applicant for REGISTRATION OF HAZARDOUS

WASTES pursuant to CHAPTER 3 OF DAO 2013-22 (REVISED
PROCEDWS AND STANDARDS FOR THE MANAGEMENT OF
HAZARDOUS WASTES (REVISING DAO 2004-36);

2. I am aware and understand all the duties, responsibilities and accountability to be

imposed upon me and (my company) by such application and as such will be liable
for all the damages incurred and for any untoward incident during its actual
operation;

3. I attest to the truth, accuracy and genuineness of all the

information, documents and records contained and attached to this
application and that I (and my company) shall be liable for any
misrepresentation, fraudulent declaration and all its consequences;

4. I am executing this affidavit as a PROOF OF GOOD FAITH in complying with

the requirements for securing the above-mentioned HAZARDOUS WASTES
REGISTRATION.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th day

of March 2021 in Estrada Bldg. Fortich St, Malaybalay City.

ELEN SAME
Affiant

REPUBLIC OF THE PHILIPPINES

MALAYBALAY CITY

AFFIDAVIT OF DISCREPANCY
 I, MICHAEL C. PEREZ, of legal age, single, Filipino, with residence
at Heights, Malaybalay City, after having been sworn to in accordance with
law hereby dispose and state that:

1. My name, as indicated in my Certificate of Live Birth issued by the Civil

Registrar is Michelle C. Perez;

2. During my childhood and when I went to school, I used the name Michael C.
Perez as it was the name my parents had given me;

3. Since childhood, I have been accustomed to using Michael C. Perez and used the
said name when I signed documents and secured government identification cards;

4. It is only later, when I tried to apply for a passport, that I found out that my name
in my Certificate of Live Birth is Michelle C. Perez;

5. The names Michelle C. Perez and Michael C. Perez refer to one and the same
person;

6. I am executing this affidavit to attest to the truthfulness of the foregoing and clear
discrepancy that may arise from official documents bearing the name Michelle C.
Perez or Michael C. Perez and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day

of March 2021 at Malaybalay City, Bukidnon, Philippines.

MICHAEL C. PEREZ
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of March

2021 in Malaybalay City, Bukidnon, Philippines. Affiant exhibited to me her
competent evidence of identity as MICHAEL C. PEREZ.

Notary Public

Doc. No. 1234;

Page No. 5678;
Book No. 910;
Series of 2021

\
 Republic of the Philippines
City of Malaybalay S.S.
Province of Bukidnon

AFFIDAVIT OF SELF-ADJUDICATION

I, LEANNE DELA CERNA, after having been sworn to in

accordance with law, hereby depose and state that I:

1. That I am the only daughter of DIOSCORO DELA CERNA, who

died intestate ini the City of Malaybalay, Province of Bukidnon, on
January 8, 2021 as evidenced by Death Certificate issued by the City
of Malaybalay, Province of Bukidnon, hereto attached as ANNEX
“A” and made an integral part of this Affidavit;;

2. That the said deceased, DIOSCORO DELA CERNA, left deposit in the Central
Bank of the Philippines, in the amount of P300,000;

3. That the said deceased, DIOSCORO DELA CERNA, left no debts;

4. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto
myself the above described real estate by means of this Affidavit and hereby files the
same with the Register of Deed of Bukidnon, with the request that the said
adjudication be made effective without judicial proceeding as prescribed by the
aforementioned Rules of Court.;

IN WITNESS WHEREOF, I have set my hand this 4th day of March

2021 at the City of Malaybalay, Province of Bukidnon, Philippines.

LEANNE DELA CERNA

Affiant

SUBSCRIBED AND SWORN before me this 4TH day of March

2021 at the City of Malaybalay, Province of Bukidnon, Philippines.

CCC
 Notary Public

Commission to expire: June 4, 2021

IBP No. 123, Malaybalay City, March 4, 2021

PTR No. 456, Malaybalay City, March 4, 2021

Doc. No. 987;

Page No. 654;
Book No. 321;
Series of 2021
REPUBLIC OF THE PHILIPPINES)
CITY OF MALAYBALAY) S.S.
x-------------------------------------x

AFFIDAVIT OF AGGREGATE LANDHOLDINGS

I, CARDO A. DIMAGIBA, of legal age, Filipino, married and a

resident of Casisang, Malaybalay City, after having been duly sworn to in
accordance with law, depose and state:

1. That I am the VENDEE of a parcel of land located at Brgy.

Casisang, Malaybalay City, with an area of TWENTY THOUSAND
TWO HUNDRED (20,200) square meters, more or less, covered by
Original Certificate of Title No. 54321;

2. That aside from the above-mentioned parcel of land, I do not own

any agricultural land in Casisang, Malaybalay or anywhere in the
Philippines;

3. That I am executing this affidavit to attest to the truth of the

foregoing facts and for whatever legal intents and purposes that it
may legally serve;

IN WITNESS WHEREOF, I have hereunto set my hand this 4th

day of March 2021, in Malaybalay City, Bukidnon, Philippines.

CARDO A. DIMAGIBA
Affiant
Voter's ID No. 3142

SUBCRIBED AND SWORN TO before me this 4th day of March

2021, in Malaybalay City, Bukidnon, Philippines, affiant exhibiting to me his
valid proof of identification.

Doc. No. 2468;

Page No. 1357;
Book No. 9999;
Series of 2021.
 REPUBLIC OF THE PHILIPPINES)
CITY OF MALAYBALAY) S.S.

AFFIDAVIT OF DESISTANCE

I, JOHN BALBUENA, of legal age, single, and a resident of Block 5

Phase 3, Casisang, Malaybalay City, Bukidnon , after having duly sworn to
in accordance with law hereby depose and state that:

1. I am the complaining witness for Serious Physical Injuries against SEBASTIAN

GONZALES in the case entitled "People of the Philippines versus Sebastian
Gonzales", Criminal Case No. 97531, Regional Trial Court, Branch No. 10, City of
Malaybalay.

2. After my assessment and analysis of the incident, I have realized that because I
was not wearing my eyeglasses and it was dark, I cannot point out, without a doubt
the accused or any other person/s who inflicted harm against me.;

3. Since I could not state with certainty and without doubt the liability of Sebastian
Gonzales, in fairness to him, I am permanently withdrawing my complaint against
him. I clear him of whatever responsibility or liability to me.

4. I hereby inform the City Prosecutor of Manila that I am withdrawing my

complaint for Serious Physical Injuries in Criminal Case No. 97531 entitled "People
of the Philippines versus Sebastian Gonzales", Regional Trial Court, Branch No. 10,
City of Malaybalay.

5. I likewise request the Regional Trial Court, Branch No. 10, City of Malaybalay to
dismiss with prejudice the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this 24h day of

January 2021 at the City of Malaybalay.

JOHN BALBUENA
Complaining Witness

SUBSCRIBED AND SWORN to before me this 4th day of March

2021 at the City of Malaybalay, Philippines.
SAMAYLA, LURIZA
Public Prosecutor