SPECIAL POWER OF ATTORNEY

Note:

These are only sample Special Power of Attorney 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.

A Special Power of Attorney is a form of Agency whereby a person binds himself to render specific/particular service or to do particular act/s in representation or on behalf of another (Principal), with the consent or authority of the latter. (Articles 1868 and 1876, Civil Code of the Philippines)

Under Article 1878 of the Civil Code, Special Powers of Attorney are necessary in the following cases:

(1) To make such payments as are not usually considered as acts of administration;

(2) To effect novations which put an end to obligations already in existence at the time the agency was constituted;

(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired;

(4) To waive any obligation gratuitously;

(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration;

(6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent;

(7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration;

(8) To lease any real property to another person for more than one year;

(9) To bind the principal to render some service without compensation;

(10) To bind the principal in a contract of partnership;

(11) To obligate the principal as a guarantor or surety;

(12) To create or convey real rights over immovable property;

(13) To accept or repudiate an inheritance;

(14) To ratify or recognize obligations contracted before the agency;

(15) Any other act of strict dominion.

(*Special Power of Attorney authorizing a person to perform particular act/s.)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, _______________, Filipino, of legal age, single/married to _____________,  likewise of legal age and resident of _______________________, do hereby APPOINT my husband, as my true and legal representative to execute and perform all or any of the following acts, deeds, matters and things, in connection with the issuance of my Transfer Certificate of Title, to wit:

       1.   To receive for and in behalf of the undersigned the Deed of Absolute Sale/Transfer Certificate of Title from _______________________________ regarding a property located at _______________________________________________________;

      2.  To sign for and in behalf of the Principal documents necessary and  indispensable for the release of said TCT; and

             3.   To perform such acts necessary for the subject undertaking.

HEREBY GIVING AND GRANTING unto said Attorney-In-Fact full powers and authority to do and perform all and every act requisite or necessary to carry into effect the foregoing powers, as fully to all intents and purposes as I might or could lawfully do if personally present, with full power of substitution and revocation, and hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _________ 2015, in __________________.

___________________________

Principal

Conforme:

__________________________

Attorney-In-Fact

Signed in the Presence of:

___________________________      __________________________

ACKNOWLEDGMENT

Republic of the Philippines)

_____________                          ) Sc.

     

BEFORE ME, a Notary Public for and in Municipality/City of ______________, personally appeared and exhibited their respective Government Identification Cards:

NAME	Government Issued-ID	Date and Place of Issuance

known to me and to me known to be the same person who executed and acknowledged to me that the same is their voluntary act and deed.

This instrument refers to a Special Power of Attorney consisting of ____ pages including this page and the same is signed on each and every page thereof and by the instrumental witnesses.

      WITNESS MY HAND AND SEAL this (date)   at  ______________.

NOTARY PUBLIC

Doc. No _____;

Page No. ____;

Book No. ____;

Series of 2015.

(*Special Power of Attorney authorizing a Lawyer to represent the client in a case.)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

          I, _______________________________________________  , Filipino, of legal age, and a resident of ________________________________________, do hereby appoint ___________________________________, of legal age, Filipino and with office address at _____________________________________________, to be my lawful Attorney-in-Fact for and in my name, place and stead and for my own use and benefit, to do and perform any or all of the following acts and things, to wit:

a.    To be my Legal Counsel in all legal proceedings, judicial and administrative proceedings in a case entitled: __________________________________________ before the ________________________;

b.   To institute legal actions, (if necessary), to sign  Certification Against Non-Forum Shopping, Verification and other pleading and legal documents;

c.            To attend and act as legal representative in Mediation and Judicial

Dispute Resolution (if applicable), to negotiate, conclude and enter into agreements or compromise settlements; and

d.            To perform such acts necessary for the accomplishment of the foregoing

acts

Said Attorney-in-Fact is hereby expressly authorized and empowered to delegate to any person who may exercise in her stead, any or all of the powers and authority herein granted, or substitute any person in his place or stead to do and perform for us the said power and authority.

          GIVING AND GRANTING unto the above-mentioned Attorney-in-Fact full power and authority to do and/or cause to be done any and all other acts and deeds as may be necessary or incidental and purposes as I might or could if personally present, hereby notifying and confirming all that my said Attorney-in-Fact, shall lawfully do or cause to be done by virtue of these presents.

         

          IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _________ 2015, in __________________.

________________

Principal

Conforme:

_______________________________

Attorney-in-Fact

Signed in the presence of:

_______________________                              ______________________

ACKNOWLEDGMENT

Republic of the Philippines)

_____________                          ) Sc.

     

BEFORE ME, a Notary Public for and in Municipality/City of ______________, personally appeared and exhibited their respective Government Identification Cards:

NAME	Government Issued-ID	Date and Place of Issuance

known to me and to me known to be the same person who executed and acknowledged to me that the same is their voluntary act and deed.

This instrument refers to a Special Power of Attorney consisting of ____ pages including this page and the same is signed on each and every page thereof and by the instrumental witnesses.

      WITNESS MY HAND AND SEAL this (date)   at  ______________.

NOTARY PUBLIC

Doc. No _____;

Page No. ____;

Book No. ____;

Series of 2015.

AFFIDAVIT OF QUITCLAIM

Note:

This is only a sample Release, Waiver and Quitclaim.  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.

Release/Waiver/Quitclaim in relation to employment contracts is an intentional and voluntary giving-up, relinquishment or surrender of some known right. (Legal Dictionary, Gifis)

(Sample Affidavit of Quitclaim in relation to an execution of Judgment)

REPUBLIC OF THE PHILIPPINES)

Quezon  City                           ) S.S.

AFFIDAVIT OF QUIT CLAIM

            I, MAY BUKANGLIWAYWAY, Filipino, of legal age, married, with office address at Unit 70, 1228 Love Me Well Building, Wag Paasa, Quezon City, having been duly sworn in accordance with law, hereby depose and state that:

      1.      I am the President and authorized representative          of MABUHAY Corporation;    

2.      A Decision was rendered by the Regional Trial Court of Pasig City, Branch 35 on June 18, 2013 in a case entitled MABUHAY Corporation vs. Maginhawa Corporation and which became final and executory on January 18, 2014;

3.      A Writ of Execution dated 18 June 2014 was issued by the Regional Trial Court Branch 35 ordering  to seize goods and chattels of the defendants in the said case and make the sale thereof in accordance with law to satisfy the judgment in favor of Mabuhay Corporation;

4.      Whereas, the Board of Directors on September 28, 2014 approved the settlement of the loan granted to Maginhawa Corporation represented by its President Maganda Kho in the amount of FIVE MILLION PESOS (Php5,000,000.00);

  

5.      Whereas, Maganda Kho fully paid the amount of FIVE MILLION PESOS (Php5,000,000.00) on February 11, 2015 as the full  settlement of its loan obligation to MABUHAY Corporation; and

6.      That by virtue of the foregoing, I hereby voluntarily and knowingly quitclaim, release, discharge and/or waive any and all actions and rights subsisting, expected, real or apparent which MABUHAY Corporation may have against Maginhawa Corproation, its successors and assignees, its President, directors, officers and employees and hold them free from obligations, claims and other rights of action, monetary or otherwise, pertaining to any claim or action which I may have by virtue of my disinterest in the purchase of and waiver of whatever amount is due me over the purchase of the above-cited properties; and

7.      That I am executing this affidavit to attest to the truthfulness of the foregoing facts and for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto signed in my name this ____ day of __________, 2015, Pasig City.

                                       MAY BUKANG LIWAYWAY

                                                 President

Signed in the Presence of:

_______________________        ______________________

JURAT

            SUBSCRIBED AND SWORN to before me, this _____  in Quezon City affiant exhibiting to me his ____________________ issued on ___________ at _____________________.

            WITNESS MY HAND AND SEAL.

                                                 NOTARY PUBLIC

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2015.

AFFIDAVIT OF SUPPORT AND CONSENT

Note:

This is only a sample Affidavit of Support and Consent format. 

The execution of this Affidavit is required under the following circumstances:

1.  Securing a Travel Clearance when a minor is travelling alone to a foreign country; or a minor is travelling to a foreign country accompanied by someone other than his/her parents;

2.  When securing a passport for a minor who will be travelling with someone other than his/her parents; and

3.   When securing a passport for an illegitimate minor child;

  

AFFIDAVIT OF SUPPORT AND CONSENT OF TRAVEL OF A MINOR

 

REPUBLIC OF THE PHILIPPINES)

______________________        )   Sc.

I, ________________________________, Filipino, of legal age, single and a resident of _______________________________________________, after having been duly sworn in accordance with law, hereby depose and say:

1.         That I am the mother of the minor/minors: ________________________________________________________________________________________;

2.         That the said minors are applying for Philippine passports at the Department of Foreign Affairs, in order to join me in travelling abroad;

3.         That I am giving my full consent to my said daughters to travel abroad;

4.         That for this purpose, I have sufficient and adequate financial capacity to support and defray the said travel and do hereby undertake to finance their trip abroad from the application fees, airline tickets, board and lodging, pocket money and such other expenses that they may incur so that they would neither be a burden to the state nor at their place of destination at any time during their trip abroad;

5.         That there is no criminal case pending in court against them nor they have been charged of subversion, rebellion, insurrection or any crime or offense involving moral turpitude in any court of the Philippines;

6.         That though the minors’ father is not here present, I am giving consent to said minors’ travel in as much as I have the parental authority and custody of said minors pursuant to Executive Order 209, s. 1987 (As Amended), otherwise known as the Family Code of the Philippines;

7. That I assume responsibility for the issuance of the passport and for allowing the trip of said minors and further assume any and all obligations consequent thereto; and

8. That I am executing this Affidavit to attest to the truth of the above statement in connection with said minors’ application for a Philippine passport.

IN WITNESS WHEREOF, Ihave hereunto set my hands this ___________ day of _____________ 20__, City of __________, Philippines.

                                                                                                _____________________________

                             Affiant

JURAT

SUBSCRIBED AND SWORN TO before me, a Notary Public in and for the City of _______, this _____ day of _____________ 20___, affiant, _______________________, whom I identified through the following competent evidence of identity: (Government-issued Identification Cards), personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Notary  Public

                     

Doc No. ____;

Page No. ___;

Book No.____;

Series of 20__.

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.