AFFIDAVIT TO USE THE SURNAME OF THE FATHER

Note:

This is RA 9255 Form No. 1 (Rule 7.2.1) Birth Previously Registered Under the Surname of Mother.

With the effectivity of RA 9255 also known as the “Revilla Law”, children born outside of marriage may now use the surname of their father by filing the application to use the surname of the father before the Civil Registry of the place where the child was born. The application must be supported with the Certified True Copy of Child’s Birth Certificate, Affidavit to Use the Surname of the Father executed by the father himself and with conformity of the mother, and valid Government Identification Cards of the parents.

REPUBLIC OF THE PHILIPPINES)

_________________                )Sc.

AFFIDAVIT TO USE THE SURNAME OF THE FATHER

I,  __________________________, of legal age, Filipino, with residence and postal adress at ______________,under oath, alleges:

1. That I am the biological father of  _____________________________________;

2. That the biological mother of my child is __________________________________;

3. That my child, _____________________________, was born on ____________ at _________________;

4. That the facts of birth of my child, _______________, were duly registered at the Office of Civil Registrar of __________________;

5. That I, _________________________, being the father of ________________________  had acknowledged and recognized her/his as my child and legal heir;

6. That I am allowing my child,_____________________  to use my surname, _____________________, to be her/his surname, in his Certificate of Live Birth;

7. That my child shall be known as __________________;

8. That I execute this affidavit to attest the truth of the above facts for whatever legal intents and purpose it may serve and in compliance with the provision of the Republic Act No. 9255.

IN WITNESS WHEREOF, I have hereunto set my hands on this _____^TH  day of ____________,_______________.

With my consent

to use the surname of the father

of my child:

_________________________________                        

              Affiant/Father

_________________________________

                      Mother                                                                              

JURAT

SUBSCRIBED AND SWORN to before me on this _______________ in the ____________, affiant having exhibited to me his/her (Government-issued Identification Card No. ______) issued at ____________ on ______________________.

NOTARY PUBLIC

Doc. No. ______;

Page No.______;

Book No.______;

Series of 20____.

JURISDICTIONAL REQUIREMENTS FOR ORIGINAL LAND REGISTRATION UNDER PD 1529

Exhibit	Particulars
A	Application for the Original Registration Under the Property  Registration Decree filed by the Petitioner
B	Order of the Court dated ______________ issued by Judge ____________  setting the initial hearing of the case on __________________.
C	Official Gazette, Volume ____, N0.____ dated  ______________
C-1	Actual Notice of Initial Hearing on page ____________ Official Gazette, Volume _________, N0.___ dated ___________.
C-2	Actual Notice of Initial Hearing on page ___________ Official Gazette, Volume _________, N0._____ dated ___________.
D	___________, a newspaper of general circulation, Vol. ____, No. _____ dated ___________.
D-1	Actual  Order on page_____ of the _______________, a newspaper of general circulation, Vol. ______, No. ________ dated ___________.
E	Affidavit of Publication executed by ____________, Publisher/Editor-In-Chief of ____________ dated __________, stating that the Order was published in_______ on ___________.
F	Certificate of Publication issued by ________________ of the Official Gazette,attesting that the Notice of Initial Hearing  of this case set on _____________ was published in the Official Gazette, Vol. _____, No.____, p__________.
G	Certificate of Notification issued by _______________, Chief, Docket Division of LRA, attesting that the copy of the  Notice of Initial Hearing  of this case set on ___________was given to all adjoining owners, all persons named in the Notice and government agencies.
H	Mailing List of all government agencies pursuant to PD 1529 together with its corresponding Registry Receipts as proof of service
I	RR No. 183 addressed to OSG
I-2	RR No. 189 addressed to land Management Bureau
I-3	RR No. 187 addressed to Land Management Services
I-4	RR No. 175 addressed to DPWH
I-5	RR No. 186 addressed to Dept. of Agrarian Reform
I-6	RR No. 185 addressed to Office of the Provincial Prosecutor
I-7	RR No. 177 addressed to Bureau of Mines
I-8	RR No. 176 addressed to Forest Management Bureau
I-9	RR No. 181 addressed to Office of the Provincial Governor
I-10	RR No. 182 addressed to Office of the General Services officer
I-11	RR No. 191 addressed to Office of the Provincial Engineer
I-12	RR No. 184 addressed to Office of the Public Works and Highways District Engineer
I-13	RR No. 178 addressed to Community Environment and Natural Resources Officer
I-14	RR No. 190 addressed to Land Management Sector
I-15	RR No. 179 addressed to Municipal Mayor
I-16	RR No. 180 addressed to Office of the Municipal Council
I-17	RR No. 188 addressed to owner of the lot
J	Registry Return Card received by the OSG
J-1	Registry Return Card received by the DAR
J-2	Registry Return Card received by the Bureau of Mines
J-3	Registry Return Card received by the Forest Management Bureau
J-4	Registry Return Card received by the Office of the Provincial Governor
J-5	Registry Return Card received by the Office of the General Services Officer
J-6	Registry Return Card received by the Office of the Provincial Engineer
J-7	Registry Return Card received by the Office of the Public Works and Highways District Engineer
J-8	Registry Return Card received by the CENRO
J-9	Registry Return Card received by the Municipa/Cityl Mayor of ___________.
J-10	Registry Return Card received by the owner of the adjoing lot
K	Notice of Initial Hearing of the case set on__________, issued by ____________________of LRA
L	Certificate of Posting attesting that the Initial Hearing was posted in conspicous place on each parcel of land and in conspicous place on the bulletin board in Municipality/City of _________ by Sheriff _________.
M	Technical Description issued by ________________ on _________ for Lot _______, Cad ______,
N	Blue Print of Lot _________, Cad _______, _____ Cadastre as surveyed for _________ situated in __________________.
N-1	The words Plan of Lot ________, Cad ______, _________ as Surveyed for ___________
N-2	The Approved Plan No. _____________
O	Certification in lieu of Geodetic Engineer's Certificate for registration purposes attested by __________, (office)
P	Signature Over Printed Name of ____________ (Officer in Exhibit "O")
Q	Tax Declaration No. _________________, covering Lot ________ Cad ____, Ap ______________

JURISDICTIONAL REQUISITES FOR FILING AN UNLAWFUL DETAINER CASE

Unlawful detainer is an action to recover possession of real property from one who illegally withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied. The possession by the defendant in unlawful detainer is originally legal but became illegal due to the expiration or termination of the right to possess. The proceeding is summary in nature, jurisdiction over which lies with the proper MTC or metropolitan trial court. The action must be brought up within one year from the date of last demand, and the issue in the case must be the right to physical possession.

Hence, a complaint sufficiently alleges a cause of action for unlawful detainer if it states the following elements:

1.       Initially, the possession of the property by the defendant was by contract with or by tolerance of the plaintiff;

2.       Eventually, the possession became illegal upon the plaintiff’s notice to the defendant of the termination of the latter’s right of possession;

3.       Thereafter, the defendant remained in possession of the property and deprived the plaintiff of the latter’s enjoyment; and

4.       Within one year from the making of the last demand on the defendant to vacate the property, the plaintiff instituted the Complaint for ejectment. Such one year period should be counted from the date of plaintiff’s last demand on defendant to vacate the real property, because only upon the lapse of that period does the possession become unlawful. (Estate of Soledad Manantan v. Somera, G.R. No. 145867, 07 April 2009, 584 SCRA 81, 90, citing Sarmiento v. Court of Appeals, 320 Phil. 146, 154 (1995); Lopez v. David, Jr., G.R. No. 152145, 30 March 2004, 426 SCRA 535, 542; Varona v. Court of Appeals, G.R. No. 124148, 20 May 2004, 428 SCRA 577, 583-584.)

References:

Macaslang v. Spouses Zamora, G.R. No. 156375, 30 May 2011, 649 SCRA 92, 104, citing Cabrera v. Getaruela, 586 SCRA 129, 136-137 (2009); see also Corpuz v. Spouses Agustin, G.R. No. 183822, 18 January 2012 and Delos Reyes v. Spouses Odones, G.R. No. 178096, 23 March 2011, 646 SCRA 328, 334-335, Iglesia Evangelica Metodista en Las Islas Filipinas (IEMELIF), Inc. v. Juane, G.R. No. 172447 & 179404, 18 September 2009, 600 SCRA 555, 562-563; Parsicha, v. Don Luis Dison Realty, Inc., G.R. No. 136409, 14 March 2008, 548 SCRA 273, 288;  Fernando v. Spouses Lim, G.R. No. 176282, 22 August 2008, 563 SCRA 147, 159-160.)

AFFIDAVIT OF BEING SINGLE

Note:

This is only a sample Affidavit of Being Single format. 

The execution of this Affidavit is one of the requirements for the Application for Admission in Armed Forces of the Philippines (AFP).

Republic of the Philippines)

_____________                      )  Sc.

AFFIDAVIT OF BEING SINGLE

        I, AAA A AAA, of legal age, Filipino, with residence address at _____________________________________, after having been duly sworn to in accordance with law, do hereby depose and say, that:

1.         I have never contracted any marriage in the Philippines or elsewhere and I remain SINGLE to this very day and hour;

2.         I have no child born at the time of the execution of this Affidavit;

3.         I am executing this Affidavit for the purpose of complying with the requirements in connection to my application with Armed Forces of the Philippines;

4.         I declare that the statements made in this affidavit are true and correct and I am willing to bear all the legal responsibilities arising therefrom. 

IN WITNESS WHEREOF, I have hereunto set my hand this ____________ day of __________________ at the __________________________.

AAA A.AAA

Affiant

JURAT

         SUBCRIBED AND SWORN TO before me this ___________ day of September 2016 at the City of ____________, affiant exhibiting  his Government Issued ID No. _____________________, issued on _________________ in the City of ___________, Philippines.

NOTARY PUBLIC

Doc No. ________;

Page No. _______;

Book No. ________;

Series of 2016.

HOLIDAYS FOR 2016

The following were declared by virtue of Proclamation No. 1105, s. 2015, unless otherwise specified:

January 1, 2016, Friday – New Year’s Day (Regular holiday)

January 2, 2016, Saturday – Additional special non-working day

February 8, 2016, Monday – Chinese New Year (Special non-working day)

February 25, 2016 – EDSA People Power Revolution (Special non-working day by virtue ofProclamation No. 1071, s. 2015)

March 24, 2016 – Maundy Thursday (Regular holiday)

March 25, 2016 – Good Friday (Regular holiday)

March 26, 2016 – Black Saturday (Special non-working day)

April 9, 2016, Saturday – Araw ng Kagitingan (Regular holiday)

May 1, 2016, Sunday – Labor Day (Regular holiday)

May 9, 2016, Monday – The national and local elections (special public non-working holiday by virtue of Proclamation No. 1254, s. 2016)

June 12, 2016, Sunday – Independence Day (Regular holiday)

August 21, 2016, Sunday – Ninoy Aquino Day (Special non-working day)

August 29, 2016, Monday – National Heroes Day (Regular holiday)

October 31, 2016, Monday – Additional special non-working day

November 1, 2016, Tuesday – All Saints Day (Special non-working day)

November 30, 2016, Wednesday – Bonifacio Day (Regular holiday)

December 24, 2016, Saturday – Additional special non-working day

December 25, 2016, Sunday – Christmas Day (Regular holiday)

December 30, 2016, Friday – Rizal Day (Regular holiday)

December 31, 2016, Saturday – Additional special non-working day

Source: http://www.gov.ph/2015/08/26/nationwide-holidays-2016/

Sample Deed of Donation

This is only a sample DEED OF DONATION format.  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.

Legal Notes:

Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.

When a person gives to another a thing or right on account of the latter's merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given, there is also a donation.

(Article 725-726, Civil Code of the Philippines)

DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Donation is made and executed by and between:

________________________, single/married to ________________ and with residence and postal address at ___________________________________, and hereinafter referred to as the “DONOR”;

- and –

________________________, single/married to _______________________, Filipino, and with residence and postal address at ___________________________________,  herein referred to as the “DONEE”.

WITNESSETH, THAT:

1. The DONOR is registered owner of a parcel of land located at ______________________________, with area of more or less _______sq.m. and covered by TCT No. ___________ of the Registry of Deeds of ____________, and  more particularly described as follows:

(please indicate the technical description here)

2. The DONEE is the nephew of the DONOR, who has been the latter’s dedicated and unselfish companion and personal caregiver for the last ten (10) years;

3. FOR AND IN CONSIDERATION of the all the unselfish help, trust, fidelity, and affection shown by the DONEE to the DONOR, and as an act of gratitude and liberality on her part, the DONOR hereby voluntarily GIVES, TRANSFERS, and CONVEYS by way of donation, unto the DONEE, her heirs, assigns, and successors-in-interest, the above described realty, together with all the improvements found thereon, free from all liens, encumbrances and charges of whatever kind;

4. The DONOR affirms that this donation is not made with intent to defraud her creditors, and that she has sufficient funds and property reserved for herself and her legal obligations;

5. The DONEE hereby accepts and receives this donation made in her favor by the DONOR, and hereby manifests his gratefulness for the latter’s generosity and liberality.

IN WITNESS WHEREOF, we have hereunto set our hands this ____day of _____________  2015, in the ________________________, Philippines.

____________________

DONOR

With My Acceptance:

____________________

DONEE

Signed in the Presence of:

___________________                             _________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

______________________) Sc.

BEFORE ME, a Notary Public, for and in the ___________________, personally appeared the following and presented their respective Government identification Cards:

Name	Government Issued ID	Date and Place of Issue

known to me to be the same persons who executed the foregoing DEED OF DONATION with DONEE’s acceptance and they acknowledged to me that they executed the same as their free and voluntary act and deed.

I HEREBY CERTIFY that the foregoing document consists of 3 pages including this page, and that the parties and their witnesses signed their names on each page of this instrument.

WITNESS MY HAND AND NOTARIAL SEAL on this day of _________, 2015 in ___________.

                                                                                                                                                            NOTARY PUBLIC

Doc. No.   _______

Page No.   _______

Book No.  ________

Series of 2015.

Sample Affidavit of Loss (Driver's License)

Republic of the Philippines)                                       Quezon City                        ) Sc.

AFFIDAVIT OF LOSS 

            I,         JUAN P. DELA CRUZ, Filipino, of legal age, single and with residence and postal address at Unit 105 Silver Place Townhouse,  Mango Circle, Quezon City, after having been duly sworn to in accordance with law, hereby depose and state that:

1.      Sometime in December 18, 2012, I was looking for my Driver’s License;

2.    I have looked everywhere to find my Driver’s License but it was nowhere to be found;

3.      Diligent efforts to locate the same was exerted but it proved futile; 

    4.     I am executing this affidavit to attest to the truthfulness of the foregoing facts and for what legal intents and purposes it may serve.

AFFIANT FURTHER SAYETH NAUGHT.

 JUAN P. DELA CRUZ

   Affiant                       

                                                

IN WITNESS WHEREOF, I have hereunto set my hand this 23^rd day of December 2014 at Quezon, City, Philippines.

                                                  JUAN P. DELA CRUZ

                        Affiant

JURAT

SUBSCRIBED AND SWORN to before me this 23^rd day of December 2014, affiant personally appeared and exhibited to me his Philippine Passport No. EB-1234567 issued on July 16, 2012 in Manila, Philippines.

NOTARY PUBLIC

Doc.  No.: _____;

Page No.: _____;

Book No.: _____;

Series of 20_____.