Legal Forms and Documents PDF

COURSE DESCRIPTION: This course covers the different legal forms or legal documents used by various agencies of the government including Judicial and Quasi Judicial Bodies, and Private Institutions.   CHAPTER 1 What is Legal Form? Legal form -- a prototype of an instrument in a legal transaction...

COURSE DESCRIPTION: This course covers the different legal forms or legal documents used by various agencies of the government including Judicial and Quasi Judicial Bodies, and Private Institutions.   CHAPTER 1 What is Legal Form? Legal form -- a prototype of an instrument in a legal transaction or a judicial proceeding that includes the primary essential matters, appropriate technical phrases or terms, and any additional material required to render it officially accurate, arranged in suitable and systematic order, and conducive to an "Adaptation" to the circumstances of the particular case. The expression form of the statute signifies the language or structure of a state, and, therefore the restriction or command that it might include, as used in the Pleading "against the form of the state, in that case, case made and provided. A matter of form as distinguished from the matter of substance -- with respect to the pleadings, affidavits, indictment, and other legal instruments -- entails the methods, style, or form of relating the applicable facts; the selection or arrangement of term, and other such matter without influencing the essential sufficiency or validity of the instrument, or without reacting the merits.  GUIDELINES IN PREPARING LEGAL FORMS A. Language Language is the most important tools of the legal profession. It is used by lawyers in the preparation of legal instruments, documents, pleadings, or any paper for submission to court and oral arguments. For judges and justices, it is used in their decisions, orders and resolutions, and in conducting hearings. When we speak of language, it is no other than the English language. The 1987 Constitution, our laws and statutes are written in English. This is also the medium used in schools, court hearings, in conferences, seminars and conventions. Thus, one must have a good command of the English language in order to be able to prepare a good legal writing or oral argument. B. Legal Writing The main purpose of writing is to communicate the ideas of one person to another. Thus, it is important that the writer should be able to properly convey his ideas in his writing; and this includes legal writing. The following are guides to a good legal writing; 1\. Correct choice of word -- The word used must be simple and appropriate. Observe correct grammar, spelling and punctuation marks. 2\. Proper sentence construction. Sentences must be simple, direct and not too long, correctly phrased, and not complicated. There must be subject-verb agreement. 3\. Paragraphs must be impressive. The subject matter must be properly developed and organized. Ideas must be unified and coherent and accurately presented. 4\. Correct citations. It is not enough that the writer correctly cited the provisions of law and jurisprudence. What is more important is that such law and jurisprudence must support one's argument or position on a particular issue or controversy. 5\. Correct form of legal document. Legal writing includes the preparation of documents, instruments, pleading and other papers where the writer applied his legal knowledge and skills. Some documents or instruments require formalities for enforceability and validity. While some require formalities in order to be admissible in evidence. Legal writing includes private and public documents; pleadings; briefs, memoranda, position papers, orders, resolution, decisions or judgments. What is a Document? A document is a written instrument, an agreement, a deed, a map, an object, a photograph or anything which proves a fact, an event, an incident, or transaction. There are two kinds of documents: private and public document. A private document - is a written instrument, deed or agreement which is not notarized before a notary public or any other persons authorized to administer oath, A public document - is a document executed or acknowledged before a notary public or any person authorized to authorized to administer oath. It is also referred to as "notarized document". What is Notarial Act\" and \"Notarization ? \"Notarial Act\" and \"Notarization\" refer to any act that a notary public is empowered to perform under the 2004 Rules on Notarial Practice (Rule II, Sec. 7, 2004 Rules on Notarial Practice). Importance of Notarization of a Document: Notarization is the act that ensures the public that the provisions in the document express the true agreement between the parties. Notarization converts a private document to a public document and renders it admissible in court without further proof of its authenticity. Hence, it enjoys the presumption of regularity which can only be overcome by clear and convincing evidence. What should you bring during notarization of documents in the Philippines? 1\. Multiple original copies of the document, as the notary public will keep a copy or two of this document for submission to the Regional Trial Court (RTC); and 2\. Competent Evidence of Identity, which 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; 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. Who is authorized to perform Notarial Acts? 1\. Notary Public -- A person commissioned by the Executive Judge (or as may be provided by the Supreme Court in specific directives) to perform notarial acts. A lawyer in good standing is usually the only person eligible to be commissioned as notary public under the 2004 Rules (save for certain exceptions under special laws. 2\. A Notary Public ex-officio is a government official who is clothed by law with general authority to administer oath and to perform notarial acts within the limits if their territorial jurisdiction in relation to their official functions. Sections 41 and 242 of the Revised Administrative Code as amended, enumerate the government officials who are considered Notaries Public ex-officio. Effects of irregularity of Notarization Note, however, that that the irregularity in the notarization is not fatal in the validity of the contract since the absence of such formality would not necessarily invalidate the same, but would merely render the written contract a private document rather than a public document. When there is a defect in the notarization of the document, the clear and convincing evidentiary standard normally attached to a duly-notarized document is dispensed with, and the measure to test the validity of such document is preponderance of evidence. Preponderance of evidence -- is the standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more probable than not.  SPECIAL DOCUMENTS REQUIRING NOTARIZATION 1\. Real Estate Transactions Deeds of sale, mortgages, leases, and other property-related documents generally require notarization for registration in the Register of Deeds. Without notarization, these documents may not be recorded, and their enforceability can be in question. The Land Registration Authority typically mandates acknowledgment before a notary public, among other requirements. 2\. Affidavits and Sworn Statements Many government agencies require that affidavits, sworn statements, and certifications be notarized. For instance, in court pleadings or administrative proceedings, litigants often submit notarized affidavits to substantiate factual matters. 3\. Powers of Attorney and Trust Instruments Powers of attorney granting authority to another individual to act on one's behalf typically need notarization for banks, other financial institutions, and real estate transactions to honor them fully. Similarly, trust instruments often require notarization to meet legal formalities and ensure the trustee's authority is recognized. 4\. Corporate and Commercial Documents In corporate settings, certain resolutions, secretary's certificates, and board documents may demand notarization for authenticity, especially when dealing with external parties or government registrations. Definitions: 1\. Notarial Act -- Any act that a notary public is empowered to perform under the Rules, such as acknowledgments, oaths and affirmations, jurats, signature witnessings, copy certifications, and other acts authorized by law. 2\. Commission -- The grant of authority to perform notarial acts in a particular jurisdiction for a fixed period. 3\. Competent Evidence of Identity -- The means by which a notary public verifies the identity of a person signing or acknowledging a document; includes government-issued IDs with photo and signature or credible witnesses who satisfy the Rules' requirements. C. The Document Size As a general rule, the size of every legal form is 8.5" x 13", the legal size coupon bond. However, there are some exceptions to this rule. When preparing; \(1) Negotiable instruments \(2) Contracts and \(3) Special Power of Attorney, there is usually no preferred size. D. Margins: The customary practice for margins in legal forms is not less that one and a half (1 ½ )inches for both top and left sides of the form. The right side of the form usually has a smaller margin but close to the margins on the left and top side. E. Notarial Seal It is impressed at the end of the document where the document, page, book number, and series of notarial seal are indicated. If the document consist of more than one page, the notarial seal must be impressed on every page thereof. F. The Form for Non-Litigation Forms The declaration can be enumerated by using; \(1) WHEREAS before each declaration or \(2) by numbering each declaration In using WHEREAS clause, the form must be ended with a THEREFORE clause. They start with the announcement KNOW ALL MEM BY THESE PRESENTS, and end with IN WITNESS WHEREOF. If the document needs to be acknowledged, the signature of two witnesses is required.