LEGAL FORMS

Legal form is a prototype of an instrument to be

employed in a legal transaction or a judicial Motion- a formal request made to a judge for an
proceeding that includes the primary essential order or judgment. Motions are made in court all
matters, the appropriate technical phrases or terms, the time for many purposes; to continue(postpone) a
and any additional material required to render it trial to a later date, to get a modification of an
officially accurate, arranged in suitable and order, for dismissal of the opposing party's case.
systematic order, and conducive to adaptation to the
circumstances of the particular case. Example; motion for reconsideration

These could be in the forms of Acknowledgement Answer refers to a defendant first formal written
and Jurat, Affidavits, Sales of Realty, Sales of statement to a plaintiff's initial petition or
Personal Property, Mortgages, Powers of Attorney, complaint. This opening written statement will
Special Contracts and Agreement, Gratuitous admit or deny the allegations or demand more
Contracts and Dispositions, Partnerships and information about the claims of wrong doing.
Corporation, and Complaints in Criminal Cases.
Official notices may also be considered as legal Cross claim- a demand made in a pleading against
forms such as Summons, Appearance Notice, another party on the same side of the lawsuit.
Subpoena, Warrant of Arrest, and Search Warrant.
B. SPECIAL CIVIL ACTION- is an action
Legal- permitted by law whereby one party sues another to enforce or
Forms- document protect a right or to prevent the commission of a
wrong by following special rules of procedure.
Language used- English
Mandamus- a special civil action whereby a court
Classifications of Legal Forms of jurisdiction commands an interior tribunal, or
person to perform a particular duty we the law
1. Business Forms are used in conveyancing, or of requires to be done resulting from such office or
the forms of deeds, instruments or documents trust.
creating, transferring, modifying or limiting rights
to real as well as personal properties, and other Quo warranto- a special form of legal action used
forms related to business contracts or transactions to resolve a dispute over whether a specific person
has the legal right to hold the public office that he
A Business Contract is an agreement in which or she occupies.
each party agrees to an exchange, typically
involving money, goods, or services. Sales Prohibition - an extraordinary remedy available to
agreement and service agreements are common compel any tribunal, corporation, board or person
examples of business contracts. exercising judicial or ministerial functions, to desist
from further proceeding in an action or matter when
2. Judicial Forms refer to forms which pertain to the proceedings in such tribunal corporation, board
different kinds of pleadings, applications, petitions, or person are without or in excess of jurisdiction or
affidavits, motions, and the like. with grave abuse of discretion.

Furthermore, Judicial forms include forms in C. SPECIAL PROCEEDING- is a remedy by

Ordinary Civil Actions, Special Civil Actions, which a party seeks to establish a status, a right or a
Special Proceedings and Criminal Actions particular fact.

A. ORDINARY CIVIL ACTION- is one by which Petition for Habeas Corpus a request for writ
a party sues another for the enforcement or requiring a person to be brought before a judge or
protection of a right or the prevention or redress of court, especially for investigation of a restraint of
a wrong. the person's liberty used a protection against illegal
imprisonment.
Complaint- a statement alleging that a person has Person to be brought: arresting officer
committed an offense.
Habeas Corpus- show me the body
Commencement refers to the affiant Individual
Writ of Habeas Corpus- issued by the judge Averments refers to separate claims that are
- there is a violation of illegal arrest numbered as mandated by law Statement of Truth
- inirereklamo yung nag arrest refers to the statement verifying that what is stated
is true under oath.

Escheat - a proceeding whereby the real and

personal property of a deceased person in the
Philippines, who died without leaving any will or Affidavit of Desistance. This refers to the
legal heirs, become the property of the state upon complainant, who executes an affidavit of
his death. desistance, when he/she no longer wishes to pursue
a case against an accused or defendant in a court
Petition for guardianship- is filed at the event that case. The complainant states that he/she didn't
the parent is deemed unfit. really intend to institute the case and he/she is no
longer interested in testifying or prosecuting.
D. CRIMINAL ACTION- is the procedure by
which a person accused of committing a crime is This is the only ground for dismissing the case if
charged brought to trial and judged. only the prosecution can no longer prove the guilt
of the accused beyond reasonable doubt without the
Information- Filed by prosecutor testimony of the offended party.
Filed to the court
Includes the violation Affidavit of Arrest. This refers to a statement given
Complaint under oath and penalty under perjury. It states about
facts and circumstances about the arrest, the
AUTHORIZED TO PERFORM NOTARIAL information which led to the arrest, and the
ACTS observation made before and after the arrest. This is
filled out by the arresting officer
Notary public- member of Bar.
Affidavit of Witness. It is a legal and binding
Notary public ex officio document of written testimony of a witness as a
way of evidence to be presented to the court.
NOTARIZATION the act that ensures the public
that the provisions in the document express the true It is usually filled out by a lawyer, and then filed as
agreement between the parties. It converts a private part of the case. The affidavit has to be in paragraph
document to a public document and renders it form, and cach paragraph covers one specific topic.
admissible in court without further proof of its The full name of the person making the statement
authenticity has to be included, as does the name of one who
affirms the statement. This kind of affidavit can
Legal Forms for Law Enforcement also be used to record the testimony of an expert
witness in certain cases. This affidavit has to be
1. Sworn Statements truthful and just give facts, not personal feelings or
2. Affidavits opinions.
3. Complaints in Criminal Cases
4. Inquest Forms Jurat- It is the part of the Affidavit wherein the
5. Information notarial officer indicates that the affiant has
6. Deposition of Witness subscribed and sworn to in his presence and that the
7. Motion for Reconsideration latter has shown a proof of his/her identity to the
former. Furthermore, this part is where the notarial
Affidavits. These are types of verified, formal officer affixes his seal and signature, notarial
sworn statements of fact signed by an affiant or information and the record details of the Affidavit.
author, and witnessed by a notary public. These
could be used as evidence in court proceedings. A certificate attached to an affidavit or deposition
to signify that the affidavit or deposition was
An affidavit is composed of the following parts. properly made before a duly authorized officer.
A notary public verifies the content, truthfulness,
accuracy and validity of that document.

Acknowledgment is the act of one who has

executed a deed in going before some competent
officer or court and declaring it to be his act or
deed. Made in documents where there is transfer or
conveyance of title to property, transmission of
rights or manifestation of agreement of parties
(fulfillment of a prestation to give, or not to do). - A
notary public or other officer completing this
certificate verifies only the identity of the
Individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document