This is part of my presentation during the seminar on "Personal Awareness Through Collective Encounter (PACE) II Program last March 1, 2018 at Trinity University of Asia.
Wednesday, September 12, 2018
Monday, September 3, 2018
Affidavit of Discrepancy in Name
REPUBLIC
OF THE PHILIPPINES)
__________________________
) Sc.
I, WWW
WWW, of legal age, single, and with address at 808 Maganda St., May Lahi,
Manila under oath, state that:
1.
My name is WWW XXX as stated and
registered in my birth certificate issued by the Philippine Statistics
Authority. A copy of my birth
certificate is hereto attached as ANNEX “A” and made an integral part of
this Affidavit;
2.
In my Certificate of Live Birth as
recorded in the Office of the Civil Registrar of May Lahi, Manila, Philippines,
my surname was erroneously written as "XYX" instead of my true
and correct surname of "XXX";
3.
My true surname name is "XXX",
as appearing in all my pertinent records including scholastic records and all
identification cards, including my Philippine passport. Copy of my Philippine passport is hereto
attached as Annex “B” and made an integral part of this Affidavit;
4.
WWW XXX and WWW XYX refer to one and the same
person, the herein Affiant; and
5.
I am executing this Affidavit of
Discrepancy to attest to the truth of the foregoing facts and to explain the
discrepancy in my Certificate of Live Birth.
IN
WITNESS WHEREOF,
I hereunto affix my signature this _________________ at __________________________.
WWW
XXX
Affiant
Signed
in the presence of:
_______________________________ ______________________________
JURAT
SUBSCRIBED
AND SWORN to
before me this _______________ at _____________, Affiant exhibiting to me his/her Competent
Identification Card: ______________________, issued on _________________ at
________________.
NOTARY
PUBLIC
Doc
No. _______;
Page
No. ______;
Book
No. ______;
Series
of 2019.
Sunday, August 13, 2017
Secretary's Certificate
Republic
of the Philippines
City of
Makati Sc.
SECRETARY’S
CERTIFICATE
I,
MMM M MMM of legal age,
Filipino, single and with office address at G/F United Kingdom Tower, Venus Road,
Makati City, after having been duly sworn in accordance with law, do hereby depose and
say that:
1. I am the
Corporate Secretary of the XYZ CORPORATION, a domestic company duly-registered
with Securities and Exchange Commission (SEC), with corporate business address
at G/F United Kingdom Tower, Venus Road, Makati City;
2. At the Special
Board meeting held on October 19, 2014 where majority of the Stockholders are
present and at which a quorum was existing and acting throughout, the members
of the Board present approved the following recommendations:
a. “RESOLVED, as it is hereby RESOLVED,
that the following are the newly elected Board of Directors: 1.MMM M MMM, 2. JJJ J JJJ and 3. HHH H HHH
and likewise elected as Corporate Secretary, Treasurer and Board of Director as
replacement of XXX X XXX,
respectively. Said officers shall act as
such for the remaining term of the Board of Directors who resigned and replaced”
and
b. “RESOLVED FINALLY, that updating of
corporate accounts specifically bank accounts of the Corporation will be the
tasked of the new Corporate Secretary, MMM M MMM. Official signatories for the
checks, deposits and withdrawal shall be MMM M MMM and JJJ J JJJ.
3. The
foregoing approval has not been amended, suspended or revoked and the same is
valid and effective until otherwise modified by another act of the board.
Done
this 5 November 2014, Makati City.
MMM M MMM
Corporate Secretary
JURAT
SUBSCRIBED
AND SWORN
to before me this 21st day
of January 2015, personally exhibited
to his LTO driving License No. N02-1234-5678 issued on November 28, 2013
in Quezon City.
NOTARY PUBLIC
Doc. No. ___
Page No. ___
Book No. ___
Series of
2014.
TREASURER'S AFFIDAVIT
|
Saturday, August 5, 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 ________.
Friday, August 4, 2017
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
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