TREASURER'S AFFIDAVIT

REPUBLIC OF THE PHILIPPINES) City of San Juan                      )              Sc. I, AAA A. AAA, of legal age, married and a resident of Unit 101 Maganda Tower, San Juan, after being duly sworn, depose and say: That I have been elected by the subscribers of the corporation as Treasurer thereof to act as such until my successor has been duly elected and qualified in accordance with the by – laws of the corporation, and that as such Treasurer, I hereby certify under oath that at least 25% of the authorized capital stock of the corporation has been subscribed and at least 25% of the subscription has been paid, and received by me in cash for the benefit and credit of the corporation. This is also to authorize the Securities and Exchange Commission and Bangko Sentral Ng Pilipinas to examine and verify the deposit in the: Bank Branch Address BPI San Juan G/F Cityland Tower I, San Juan City in my name as Treasurer in trust for the XYZ INC. in the amount of Five Hundred Thousand Pesos Only (P500,000.00) representing the paid-up capital of the said corporation which is in the process of incorporation. This authority is valid and inspection of said deposit may be made even after the issuance of the Certificate of Incorporation to the corporation. Should the deposit be transferred to another bank prior to or after incorporation, this will also serve as authority to verify and examine the same. The representative of the Securities and Exchange Commission is also authorized to examine the pertinent books and records of accounts of the corporation as well as all supporting papers to determine the utilization and disbursement of the said paid up capital. In case the said paid-up capital is not deposited or withdrawn prior to the approval of the articles of incorporation, I, in behalf of the above named corporation, waive our right to a notice and hearing in the revocation of our Certificate of Incorporation. In witness hereof, I hereunto affix my signature this day of ____________ 2014, _____________, Philippines. AAA A. AAA Affiant Philippine Passport No:EB0912345 Issued on  18 June 2014, Manila JURAT SUBSCRIBED AND SWORN TO before me, a Notary Public in the City of San Juan, personally appeared above name with his Philippine Passport No. EB0912345, issued on 18 June 2014, who is personally known to me to be the same person and identified through competent evidence of identity as defined by Rules on Notarial Practice, who presented the foregoing instrument and signed the instrument in my presence, and who took an oath before me as to such instrument. Witness my hand and seal this on _________________.                                                 NOTARY PUBLIC  Doc. No.: ______ Page No.: ______ Book No.: ______ Series of 2017.

JUDICIAL PARTITION

                        REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT

QUEZON CITY

BRANCH______

BBB CORPORATION

Represented by AAA A AAA,

     Petitioner,

                   -versus-                                   Special Proceeding No.

                                                                     LRA Case No. _______

                                                                     For: JUDICIAL PARTITION

                                                                             REAL PROPERTY

THE ESTATE OF THE LATE XXX X

XXX and  the  HEIRS  of   Sps.

XXX X XXX  and HHH H HHH,

Respondents.

x---------------------------------------------------------x

 

PETITION

          COMES NOW, the Petitioner by Counsel and unto this Honorable Court respectfully states:

1.      Petitioner is a domestic corporation, duly registered with Securities and Exchange Commission, with office address at Unit 101 Roseland Building, Banahaw Avenue, Quezon City, where it may be serve with court’s orders, notices, decisions, summons and other court’s processes while Defendants are with legal capacity and with residence address at 123 Kalayaan Avenue, Quezon City, where they may be serve with summons, orders, notices, notices and other court’s processes;

2.      Defendants are the registered owners of a parcel of land located in Quezon City, covered by TCT No. 45678 of the Registry of Deeds for Quezon City, containing an area of 800 square meters, more or less, copy of which is hereto attached as Annex “A”;

3.      The said property of the defendants was mortgaged to the herein Petitioner sometime in July 2005 to secure the mortgage obligation of XXX X XXX, with the petitioner in the amount of One Million Pesos (P1,000,000.00), copy of the Real Estate Mortgage is hereto attached as Annex “B”  and made integral part hereof;

4.      Upon default in the payment of the mortgage obligation by the mortgagors XXX X XXX to herein petitioner, the same property was foreclosed and a sheriff Certificate of Sale was issued on July 16, 2012 in favor of the petitioner as shown in the Entry No. 201255-23-345 inscribed at the back of TCT No. 45678 Registry of Deeds for Quezon City;

5.      The petitioner was able to register the highest bid for the said property in the amount of P1,900,000.00;

6.      On 19 October 2013, the petitioner consolidated the ownership of the said property in its favor by executing an affidavit of consolidation as per Entry No. 2345-678 dated 13 November 2013 shown at the back of TCT No. 45678;

7.      On February 16, 2014, the petitioner requested the defendants to voluntarily execute a Deed of Partition over the said property covered by TCT No. 45678 but despite of which, the latter failed and refused to do so, copy of which is hereto attached as Annex “C” and made integral part hereof;

8.      Forced to litigate, the petitioner was constrained to engaged the services of a counsel for a fee of P50,000.00 by way of attorney’s fees and expenses per court appearance in the amount of P4,000.00 for which the defendants should be held liable and the same must be paid to the Petitioner;

PRAYER

          WHEREFORE, premises considered, it is most respectfully prayed of the Honorable Court that after due hearing, a decision be rendered in favor of the petitioner and against herein defendants, as follows:

1.      Ordering the defendants to execute a Deed of Partition over TCT No. 45678 of the Registry of Deeds for Quezon City, dividing the property covered thereof into two equal shares, one-half (½ ) thereof goes to the Petitioner and the other half goes to the Defendants. In case of unjust refusal of the respondents, the Branch Clerk of Court of this Honorable Court be authorized to execute the said Deed of Partition of Real Property;

2.      Ordering the Respondents to pay the sum of P50,000.00 by way of attorney’s fees and the expenses incurred in the filing of this suit and its prosecution;

3.      To pay the cost of the suit.

          Such other reliefs and remedies deemed just and equitable under the premises are likewise prayed for.

Manila for Quezon City, October 19, 2014.

By:

ATTY. HHH H HHH

(office address)

 IBP No. _______/__________/Manila

PTR No. ______/_________/Manila

Roll No. ________

MCLE Compliance Certificate No. _________________

  

REPUBLIC OF THE PHILIPPINES}

QUEZON CITY                                   }  S.S.

VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING

I, AAA A AAA, of legal age, married with office and corporate address at _______________________________, after having been duly sworn to in accordance with law hereby deposes and states that:

1.                             I am the duly authorized representative of BBB Corporation, as evidenced in the Secretary’s Certificate dated ____________. (Annex “D”);

2.                             I caused the preparation of  the foregoing Petition, read and understood the contents thereof, and hereby attests that the same are true and correct of his own knowledge and from available authentic documents in the possession of the Corporation;

3.                             I certify that Plaintiff has not commenced any action involving the same issues before the Supreme Court, Court of Appeals, or other quasi-judicial body, that to the best of his knowledge no such action is pending before said court, tribunal or agency, and that should he learns thereafter of the pendency of any such similar action, he undertakes to report the same to this Court in five (5) days from notice.

                                                                             AAA A AAA

                                                                                Affiant

JURAT

          SUBSCRIBED AND SWORN to before me this____day of ____________ 2014, affiant exhibited to me his LTO Driving License No. NOP-04-2345678 issued on 11/12/2013 at Quezon City, Philippines.

                                                                   NOTARY PUBLIC

Doc.  No.: ______;

Page No.: ______;

Book No.: ______;

Series of ________.

Government Procurement (RA 9184): An Overview

Republic Act 9184, also known as the Government Procurement Act covers all procurement of Infrastructure Projects, Goods, and Consulting Services, regardless of source of funds, whether local or foreign, by all branches and instrumentalities of government, its departments, offices and agencies, including government-owned and/or -controlled corporations and local government units, subject to the provisions of Commonwealth Act No. 138. 

Procurement refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity. Procurement shall also include the lease of goods and real estate. With respect to real property, its procurement shall be governed by the provisions of Republic Act No. 8974, entitled “An Act to Facilitate the Acquisition of Right-of-Way Site or Location for National Government Infrastructure Projects and for Other Purposes”, and other applicable laws, rules and regulations.

Under the said law, all Procurement shall be done through competitive bidding except in cases where alternative modes of procurement are allowed. 

Competitive Bidding refers to a method of procurement which is open to participation by any interested party and which consists of the following processes:

1.    Advertisement;

2.    Pre-bid conference;

3.    Eligibility screening of prospective bidders;

4.    Receipt and opening of bids;

5.    Evaluation of bids;

6.    Post-qualification and

7.    Award of contract

Alternative Methods of Procurement:

1.    Limited Source Bidding (also known as Selective Bidding) – a method of Procurement that involves direct invitation to bid by the Procuring Entity from a set of preselected suppliers or consultants with known experience and proven capability relative to the requirements of a particular contract;

Limited Source Bidding may be resorted to only in any of the following conditions:

(a) Procurement of highly specialized types of Goods and Consulting Services which are known to be obtainable only from a limited number of sources; or

(b) Procurement of major plant components where it is deemed advantageous to limit the bidding to known eligible bidders in order to maintain an optimum and uniform level of quality and performance of the plant as a whole.

2.    Direct Contracting (also known as Single Source Procurement) – a method of Procurement that does not require elaborate Bidding Documents because the supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions of sale, which offer may be accepted immediately or after some negotiations;

Direct Contracting may be resorted to only in any of the following conditions:

(a) Procurement of Goods of proprietary nature, which can be obtained only from the proprietary source, i.e. when patents, trade secrets and copyrights prohibit others from manufacturing the same item;

(b) When the Procurement of critical components from a specific manufacturer, supplier or distributor is a condition precedent to hold a contractor to guarantee its project performance, in accordance with the provisions of his contract; or,

(c) Those sold by an exclusive dealer or manufacturer, which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the Government.

3.    Repeat Order – a method of Procurement that involves a direct Procurement of Goods from the previous winning bidder, whenever there is a need to replenish Goods procured under a contract previously awarded through Competitive Bidding;

When provided for in the Annual Procurement Plan, Repeat Order may be allowed wherein the Procuring Entity directly procures Goods from the previous winning bidder whenever there arises a need to replenish goods procured under a contract previously awarded through Competitive Bidding, subject to post-qualification process prescribed in the Bidding Documents and provided all the following conditions are present:

(a) The unit price must be equal to or lower than that provided in the original contract;

(b) The repeat order does not result in splitting of requisitions or purchase orders;

(c) Except in special circumstances defined in the IRR, the repeat order shall be availed of only within six (6) months from the date of the Notice to Proceed arising from the original contract; and,

(d) The repeat order shall not exceed twenty-five percent (25%) of the quantity of each item of the original contract.

4.    Shopping – a method of Procurement whereby the Procuring Entity simply requests for the submission of price quotations for readily available off-the-shelf Goods or ordinary/regular equipment to be procured directly from suppliers of known qualification; or

Shopping may be resorted to under any of the following instances:

(a) When there is an unforeseen contingency requiring immediate purchase: Provided, however, That the amount shall not exceed Fifty Thousand Pesos (P50,000); or

(b) Procurement of ordinary or regular office supplies and equipment not available in the Procurement Service involving an amount not exceeding Two Hundred Fifty Thousand Pesos (P250,000): Provided, however, That the Procurement does not result in Splitting of Contracts: Provided, further, That at least three (3) price quotations from bona fide suppliers shall be obtained. The above amounts shall be subject to a periodic review by the GPPB. For this purpose, the GPPB shall be authorized to increase or decrease the said amount in order to reflect changes in economic conditions and for other justifiable reasons.

5.    Negotiated Procurement – shall only be allowed under the following cases:

a.   In cases of two failed biddings;

b.    In case of imminent danger to life or property during a state of calamity, or when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities;

c.    Take-over of contracts, which have been rescinded or terminated for causes provided for in the contract and existing laws, where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities;

d.   Where the subject contract is adjacent or contiguous to an on-going infrastructure project, as defined in the Implementing Rules and Regulations; Provided, however, That the original contract is the result of a Competitive Bidding; the subject contract to be negotiated has similar or related scopes of work; it is within the contracting capacity of the contractor; the contractor uses the same prices or lower unit prices as in the original contract less mobilization cost; the amount involved does not exceed the amount of the ongoing project; and, the contractor has no negative slippage: Provided, further, That negotiations for the procurement are commenced before the expiry of the original contract. Whenever applicable, this principle shall also govern consultancy contracts, where the consultants have unique experience and expertise to deliver the required service; or

e.    Subject to the guidelines specified in the Implementing Rules and Regulations, purchases of Goods from another agency of the Government, such as the Procurement Service of the DBM, which is tasked with a centralized procurement of commonly used Goods for the government in accordance with Letters of Instruction No. 755 and Executive Order No. 359, series of 1989.

The Alternative Method of Procurement may be resorted only to highly exceptional cases, to promote economy and efficiency, and justified by conditions specified in the law and its Implementing Rules and Regulations.

In all instances, the Procuring Entity shall ensure that the most advantageous price for the Government is obtained.

For further information on Government Procurement, please refer to Government Procurement Policy Board at www. gppb.gov.ph.

References:

1.           Republic Act 9184;

2.           Implementing Rules and Regulations of RA 9184

Last Updated: 30 June 2015

Affidavit of Guardianship

Note:

This is only a sample Affidavit of Guardianship.  It could be subject to modifications to suit the purpose/s of its execution and requirements of the parties.  It is advisable that before an execution of any legal document, one must seek legal advice or assistance from a Lawyer.

Republic of the Philippines )

City of Makati                      ) Sc.

AFFIDAVIT OF GUARDIANSHIP

            I, MAGANDA B. AKOH,  of legal age, married, Filipino citizen, and presently residing at 143 ILoveYou Village, Barangay May Forever, Makati City, after having been duly sworn to in accordance with law, do hereby depose and say, that:

1.   I am the grandmother and guardian of the following minors who have an interest in the monetary claims and benefits as well as in insurance policy and separation pay (if and applicable) of the late MAPUTI B. AKOH (my daughter),  payable by SSS, Pag-IBIG,AND Alive Inc.;

Full Name of Minor/s	Date of Birth	Age
MABAIT AKOH	January 18, 2005	11
MATAPANG AKOH	July 31, 2009	7

2.  The above mentioned minors are under my care and custody since my daughter, MAPUTI B. AKOH passed away last October 19, 2015; 

3.  I am competent to receive in behalf of the said minors any amount/s due to them;

4.   I am not an imbecile, insane, a vagrant or a vicious person or a habitual drunkard or a habitual criminal, and have not abandoned, neglected or refused to support said minor/s or caused him/them to commit offenses against the law; and

5. I am executing this affidavit to attest to the truth of all the foregoing statements and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _______ 2016 at ______________, Philippines.

MAGANDA B. AKOH

                  Affiant

                                

JURAT

            SUBSCRIBED AND SWORN to before me this ____ day of ______________ 2016 in _________, Philippines, affiant personally exhibited to me  her Senior Citizen  ID No. 2016-1234567890, issued on June 18, 2016 at Makati City.

NOTARY PUBLIC

Doc No. :  _____                                                             

Page No.: ______                                           

Book No.: ______                                              

Series of 2016.                                                               

VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING

VERIFICATION WITH CERTIFICATION OF

NON-FORUM SHOPPING

I, DIWATA A. KOH, of legal age, single and with residence at No. 123 Forever Compound, IloveYou Village, City of Manila, after having been duly sworn to in accordance with law do hereby depose and state that:

1.      I am the Petitioner in the above-captioned case;

2.      I have caused the preparation of the foregoing Petition and that the allegations therein are true and correct of my own personal knowledge based on authentic documents on record;

3.      I have not heretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency as are raised in this case;

4.   To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or agency;

5.   If I should thereafter be aware or learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or any other tribunal or agency, I will undertake to report this fact within five (5) days there from to this Court.

DIWATA A. KOH

Affiant

JURAT

SUBSCRIBED AND SWORN to before me this ____________________, affiant exhibited to me her Philippine Passport ID No. EB1234567 issued on May 30, 2016 in Pasay City, Philippines.

NOTARY PUBLIC

Doc. No. _____;

Page No. _____;

Book No._____;

Series of 2016.