JUDICIAL AFFIDAVIT RULE Effectivity Effectivit y and Purpose of the Judicial Affidavit Affidavit Rule The Judicial Affidavit Rule requires that direct examination of a witness, which is the examination-in-chief of a witness by the party presentin him on the facts relevant to the issue, shall be in the form of !udicial affidavits, sub!ect to the usual mode of cross-examination" When is the Rule effective? The Rule too# effect on $ January %&$'" (owever, in criminal cases without private prosecutors, the )upreme *ourt allowed public prosecutors in first- and second-level courts until the end of %&$' to utili+e the affidavits of the complainant and his witnesses prepared and submitted in connection with the investiation and filin of the nformation in court" Public prosecutors are required to fully comply with the Rule by $ January %&$" .urin the one-year period when the concession is in effect, the attendin public prosecutor, upon presentin the witness, shall shall requir require e the witne witness ss to affir affirm m what what the sworn sworn statem statement ent contai contains ns and may only only as# the witnes witness s additi additiona onall direct direct examination questions that have not been amply covered by the sworn statement" The concession does not apply in criminal cases where the private complainant is represented by a duly empowered private prosecutor, who has the obliation to comply with the Rule" The reasons for the issuance of the Rule *ase conestion and delays plaue most courts in cities, iven the hue volume of cases filed each year and the slow and cumbersome adversarial system that the !udiciary has in place" About &/ of criminal cases are dismissed annually owin to the fact that complainants simply ive up comin to court after repeated postponements" 0ew forein businessmen ma#e lon-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, #eepin its people poor" n order to reduce the time needed for completin the testimonies of witnesses in cases under litiation, on %$ 0ebruary %&$% the )upreme *ourt approved for pilotin by trial courts in 1ue+on *ity the compulsory use of !udicial affidavits in place of the direct testimonies of witnesses" t is reported that such pilotin has quic#ly resulted in reducin by about two-thirds the time used for presentin the testimonies of witnesses, thus speedin up the hearin and ad!udication of cases" The adoption of the Rule hopes to replicate nationwide the success of the 1ue+on *ity experience in the use of !udicial affidavits" These reasons for the issuance of the Judicial Affidavit Affidavit Rule are contained in the 2whereas3 clauses of A"4" 5o" $%-6-6-)*" )cope of Application of the Judicial Affidavit Rule 7hat is the scope of application of this rule8 The applicability of this rule may refer to9 :a; the courts where the rule will apply< :b; the #inds of cases or proceedins where the rule will apply< :c; the stae of the proceedin" Type of cases This Rule shall apply to all actions, proceedins, and incidents requirin the reception of evidence" (owever, the Rule shall not apply to small claims cases under A"4" &6-6-=-)*" The Rule may apply to criminal cases in three situations, as follows9 :$; The maximum of the imposable penalty does not exceed six years< :%; reardless of the penalty involved, with respect to the civil aspect of the actions, or where the accused arees to the use of the Rule" *ourts where the Rule are applicable $" The 4etropolitan Trial *ourts, the 4unicipal Trial *ourts in *ities, the 4unicipal Trial *ourts, the 4unicipal *ircuit Trial *ourts" %" )hari>a *ircuit *ourts, )hari>a .istrict *ourts a nd the )hari>a Appellate *ourts" '" Reional Trial Trial *ourts" " )andianbayan" ?" *ourt of Tax Appeals" @" *ourt of Appeals" =" nvestiatin officers and bodies authori+ed by the )upreme *ourt to receive evidence, includin the nterated ar of the Philippine :P;" 6" )pecial courts and quasi-!udicial bodies, whose rules of procedure are sub!ect to disapproval of the )upreme *ourt, insofar as their existin rules of procedure contravene the provisions of this Rule" )ervice and filin of the Judicial Affidavit Affidavit The parties shall serve on the adverse party and file with the court not later than five days before pre-trial or preliminary conference or the scheduled hearin with respect to motions and incidents"
This Rule amends the existin minimum period, which is three days, for the service and filin of the pre-trial brief" Bnder the new Rule, considerin that the !udicial affidavit must be attached to the p re-trial brief, the latter must be served and filed within five days" )ervice and filin of the !udicial affidavit in criminal cases This is the only portion of the Rule that provides a separate provision for criminal cases, veerin from the simultaneous filin of !udicial affidavits by the parties" The eneral rule is reiterated, but this time applicable only to the prosecution, to submit the !udicial affidavits of its witnesses not later than five days before the pre-trial, servin copies of the same upon the accused" The complainant or public prosecutor shall attach to the affidavits such documentary or ob!ect evidence as he may have, mar#in them as Exhibits A, , * and so on" 5o further !udicial affidavit, documentary, or ob!ect evidence shall be admitted at the trial" f the accused, on the other hand, desires to be heard on his defense after receipt of the !udicial affidavits of the prosecution, he shall have the option to submit his !udicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor, includin his documentary and ob!ect evidence previously mar#ed as Exhibits $, %, ', and so on" These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify" t is interestin to note that only the pararaph applicable to the prosecution contains the provision that9 25o further !udicial affidavit, documentary, or ob!ect evidence shall be admitted at the trial"3 .oes this mean that the accused is covered by the eneral rule, which allows the late filin of the affidavit8 (ow is the serviceCfilin done8 The Rule specifies only two manners of service or filin of the affidavit9 by personal service or by licensed courier service" t is interestin that there is no express mention of 2reistered mail3 and it is loical that the term 2courier service3 does not refer to, and does not include, reistered mail" The purpose of the Rule is to expedite cases and there can be no reliance on the presumptive receipt by reason of reistered mail" There is no overridin reason why reistered mail should be removed as a manner of serviceCfilin" A party could send the !udicial affidavit way in advance by reistered mail" t is the party>s loo#out if the other party or court indeed received the !udicial affidavit within the prescribed period" Another minor issue is when is a courier service considered licensed8 The rule is not clear whether a separate license or accreditation for courier service providers on top of the )E* reistration" t appears that other than the usual overnment reistration, there is no need for separate )upreme *ourt accreditation" These issues can be dispensed with by deletin the portion providin for personal service or by courier" This is surplusae" The intent of the Rule is to E5)BRE receipt of the !udicial affidavit by the court and other party at least five days before the pre-trial or hearin, and the Rule can simply so provide, !ust li#e in pre-trial rules" *an you submit amended or supplemental affidavits8 There may be instances when it is necessary to execute a supplemental or amended affidavit, li#e in the case of newlydiscovered evidence" s this allowed and, if so, how should it be done8 Required contents of a !udicial affidavit under the Judicial Affidavit Rule The !udicial affidavit shall contain the followin9 $" The name, ae, residence or business address, and occupation of the witness< %" The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is bein held< '" A statement that the witness is answerin the questions as#ed of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or per!ury< " 1uestions as#ed of the witness and his correspondin answers, consecutively numbered, that9 :i; )how the circumstances under which the witness acquired the facts upon which he testifies< :ii; Elicit from him those facts which are relevant to the issues that the case presents< and :iii; dentify the attached documentary and ob!ect evidence and establish their authenticity in accordance with the Rules of *ourt< ?" The sinature of the witness o ver his printed name< @" A !urat with the sinature of the notary public who administers the oath or an officer who is authori+ed by law to administer the same" =" Attestation of the lawyer" What is a jurat? A !urat, which is different from an 2ac#nowledment3 as defined under the Rules on 5otarial Practice, refers to an act in which an individual on a sinle occasion9 :a; appears in person before the notary public and presents an instrument or document< :b; is personally #nown to the notary public or identified by the notary public throuh competent evidence of identity as defined by these Rules< :c; sins the instrument or document in the presence of the notary< and :d; ta#es an oath or affirmation before the notary public as to such instrument or document" :Rule %, )ec" @ of the %&& Rules on 5otarial Practice, A"4" 5o" &%-6-$')*;
t is important to note the strict requirement that, in the execution of the !urat, the requisite competent evidence of identity must include at least one current identification document issued by an official aency bearin the photoraph and sinature of the individual" 0or purposes of comparison, 2ac#nowledment3 refers to an act in which an individual on a sinle occasion9 :a; appears in person before the notary public and presents an interally complete instrument or document< :b; is attested to be personally #nown to the notary public or identified by the notary public throuh competent evidence of identity as defined by the notarial rules< and :c; represents to the notary public that the sinature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sin in that capacity" What is the sworn attestation of the lawer? Dne of the problems with the Rule is the fact that !udes only have limited opportunity to observe the demeanor of the witnesses" 4oreover, even if lawyers briefed the witness, the oral answer iven by the witness durin direct examination is almost wholly dependent on the witness" This is no loner true under this Rule because the lawyer prepares the !udicial affidavit which ta#es the place of the direct testimony" Thus, it is now required that the !udicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the e xamination of the witness, to the effect that9 $" (e faithfully recorded or caused to be recorded the questions he as#ed and the correspondin answers that the witness ave< and %" 5either he nor any other person then present or assistin him coached the witness reardin the latter>s answers" To put teeth to this prohibition, the Rule provides that a false attestation shall sub!ect the lawyer mentioned to disciplinary action, includin disbarment" There is no requirement that the lawyer who prepared the !udicial affidavit must be the one to present the witness in court" What lan!ua!e shoul" #e use" in the affi"avit? A !udicial affidavit shall be prepared in the lanuae #nown to the witness and, if not in Enlish or 0ilipino, accompanied by a translation in Enlish or 0ilipino" Dffer of Testimony and Db!ections under the Judicial Affidavit Rule Bnder the Rules of *ourt, as reards the testimony of a witness, the offer must be made at the time the witness is called to testify :Rule $'%, )ec" ';" The Rule, on the other hand, provides that party presentin the !udicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness" This provision, in relation to the enumerated required contents of an affidavit, means that the purpose is 5DT required to be indicated in the !udicial affidavit" )ome !udes nevertheless require that the purpose be stated in the !udicial affidavit, a practice unilaterally resorted by some lawyers for convenience" $ow "oes the o%%osin! %art &a'e o#jections? Db!ection to a witness may ta#e the form of9 :a; a disqualification from testifyin< or :b; to a specific question raised" Bnder the Rules of *ourt, ob!ection to a question propounded in the course of the oral examination of a witness shall be made as soon as the rounds therefor shall become reasonably apparent :Rule $'%, )ec" '@;" The adverse party may move to disqualify the witness or to stri#e out his affidavit or any of the answers found in it on round of inadmissibility" The court shall promptly rule on the motion and, if ranted, shall cause the mar#in of any excluded answer by placin it in brac#ets under the initials of an authori+ed court personnel, without pre!udice to a tender of excluded evidence under )ection & of Rule $'% of the Rules of *ourt" Dffer of Testimony and Db!ections under the Judicial Affidavit Rule This is Part @ of $$ of the discussion on the Ju"icial Affi"avit Rule, so read thentroduction first< )ee full text of A"4" 5o" $%6-6-)*, approvin the Judicial Affidavit RuleF Bnder the Rules of *ourt, as reards the testimony of a witness, the offer must be made at the time the witness is called to testify :Rule $'%, )ec" ';" The Rule, on the other hand, provides that party presentin the !udicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness" This provision, in relation to the enumerated required contents of an affidavit, means that the purpose is 5DT required to be indicated in the !udicial affidavit" )ome !udes nevertheless require that the purpose be stated in the !udicial affidavit, a practice unilaterally resorted by some lawyers for convenience" (ow does the opposin party ma#e ob!ections8 Db!ection to a witness may ta#e the form of9 :a; a disqualification from testifyin< or :b; to a specific question raised" Bnder the Rules of *ourt, ob!ection to a question propounded in the course of the oral examination of a witness shall be made as soon as the rounds therefor shall become reasonably apparent :Rule $'%, )ec" '@;" The adverse party may move to disqualify the witness or to stri#e out his affidavit or any of the answers found in it on round of inadmissibility" The court shall promptly rule on the motion and, if ranted, shall cause the mar#in of any excluded answer by placin it in brac#ets under the initials of an authori+ed court personnel, without pre!udice to a tender of excluded evidence under )ection & of Rule $'% of the Rules of *ourt" .ocumentary and Db!ect Evidence under the Judicial Affidavit Rule This is Part = of $$ of the discussion on the Ju"icial Affi"avit Rule, so read thentroduction first< )ee full text of A"4" 5o" $%6-6-)*, approvin the Judicial Affidavit RuleF (ow should the party presentin the witness identify and mar# documentary evidence8
The parties> documentary or ob!ect evidence, if any, which shall be attached to the !udicial affidavits and mar#ed as Exhibits A, , *, and so on in the case of the complainant or the plaintiff, and as Exhibits $, %, ', and so on in the case of the respondent or the defendant" (ow can the party or witness #eep the oriinal of the documentary or ob!ect evidence8 Gitiants and witnesses, for ood reasons, often prefer to #eep the oriinal of the document that is to be presented in and submitted to the court" The Rule provides for the followin procedure9 $" Attach the "ocu&ent or evi"ence to the ju"icial affi"avit of the witness(es " This must be done obviously before the pre-trial conference or the hearin" This is done by attachin the photocopy of the document, or the reproduction or photoraph of the ob!ect evidence" The Rule provides that should a party or a witness desire to #eep the oriinal document or ob!ect evidence in his possession, he may, after the same has been identified, mar#ed as exhibit, and authenticated, warrant in his !udicial affidavit that the copy o r reproduction attached to such affidavit is a faithful copy or reproduction of that oriinal" %" )rin! the ori!inal "urin! the %re*trial or %reli&inar conference " This is required under pre-trial rules, so the document may be preliminarily mar#ed as evidence and compared with the oriinal, if needed" The Rule provides that the party or witness shall brin the oriinal document or ob!ect evidence for comparison durin the preliminary conference with the attached copy, reproduction, or pictures, failin which the latter shall not be admitted" As provided under pre-trial rules and reiterated in the Rule, evidence not pre-mar#ed shall not be admissible as evidence" The Rule indicates that the pre-mar#in is done by the parties themselves, not the cler# of court as provided in the existin pre-trial rules" f so, the requirement of preliminary conference under *ircular 5o" A"4" 5o" &'-$-&H-)* :Iuidelines to be Dbserved by Trial *ourt Judes and *ler#s of *ourt in the *onduct of Pre-Trial and use of .eposition-.iscovery 4easures;, which is conducted before the pretrial conference for the purpose of pre-mar#in documents before the cler# of court, should be dispensed with and revisedCdeleted from the rules of procedure to avoid surplusae" 5evertheless, there may be an instance when a party would subsequently want to retain an oriinal previously attached to the !udicial affidavit" The Rule does not provide for the procedure in such case" t is recommended that if the party attached the oriinal to the !udicial affidavit and would want to retain possession of that oriinal document, the party must, durin the presentation of the witness, request that the copy be compared to the oriinal, request for a stipulation that the copy is a faithful reproduction of the oriinal, and request that the mar#in be transferred to the copy" *ross-examination and Re-.irect Examination under the Judicial Affidavit Rule This is Part 6 of $$ of the discussion on the Ju"icial Affi"avit Rule, so read thentroduction first< )ee full text of A"4" 5o" $%6-6-)*, approvin the Judicial Affidavit RuleF The adverse party shall have the riht to cross-examine the witness on his !udicial affidavit and on the exhibits attached to the same" The party who presents the witness may also examine him as on re-direct" n every case, the court shall ta#e active part in examinin the witness to determine his credibility as well as the truth of his testimony and to elicit the answers that it needs for resolvin the issues" Resort to subpoena under the Judicial Affidavit Rule This is Part H of $$ of the discussion on the Ju"icial Affi"avit Rule, so read thentroduction first< )ee full text of A"4" 5o" $%6-6-)*, approvin the Judicial Affidavit RuleF There is no need for a !udicial affidavit if the witness is called to testify throuh a subpoena" f the overnment employee or official, or the requested witness, un!ustifiably declines to execute a !udicial affidavit or refuses without !ust cause to ma#e the relevant boo#s, documents, or other thins under his control available for copyin, authentication, and eventual production in court, the requestin party may avail himself of the issuance of a subpoena a d testificandum or duces tecum under Rule %$ of the Rules of *ourt" The rules overnin the issuance of a subpoena to the witness in this case shall be the same as when ta#in his deposition except that the ta#in of a !udicial affidavit shall be understood to be ex parte" Dn the other hand, this provision expressly applies to requested witnesses who are neither the witness of the adverse party nor a hostile witness" 7hat>s the reason for the exclusion8 7hat rule should apply8 0ormal offer of evidence and ob!ections under the Judicial Affidavit Rule This is Part $& of $$ of the discussion on the Ju"icial Affi"avit Rule, so read thentroduction first< )ee full text of A"4" 5o" $%-6-6-)*, approvin the Judicial Affidavit RuleF The formal offer of documentary or ob!ect evidence shall be made upon the termination of the testimony of a party>s last witness" This obviously means that this is done when a party rests its case, and not every time the testimony of each witness is terminated" The formal offer is made orally in open court, which shows an obvious intent to do away with the option of filin a written formal offer of evidence allowed under existin rules" A party shall immediately ma#e an oral offer of evidence of his
documentary or ob!ect exhibits, piece by piece, in their chronoloical order, statin the purpose or purposes for which he offers the particular exhibit" After each piece of exhibit is offered, the adverse party shall state the leal round for his ob!ection, if any, to its admission, and the court shall immediately ma#e its rulin respectin that exhibit" )ince the documentary or ob!ect exhibits form part of the !udicial affidavits that describe and authenticate them, it is sufficient that such exhibits are simply cited by their mar#ins durin the offer of evidence, the ob!ections, and the rulins, dispensin with the description of each exhibit" Effects of 5on-*ompliance with the Judicial Affidavit Rule This is Part $$ of $$ of the discussion on the Ju"icial Affi"avit Rule, so read thentroduction first< )ee full text of A"4" 5o" $%-6-6-)*, approvin the Judicial Affidavit RuleF There are different consequences in case of9 :$; failure to file the !udicial affidavit< :$; failure to comply with the prescribed requirements< or :'; absence durin the scheduled trial date" $" 0ailure to file !udicial affidavit A party who fails to submit the required !udicial affidavits and exhibits on time shall be deemed to have waived their submission" The Rule allows for an exception, provided the followin requirements are present9 a" t must be with leave of court" The court has the discretion whether to allow it" b" The delay must be for a valid reason" The Rule does not indicate at what point the late submission is allowed" The abovequoted provision, which applies to criminal cases, trial starts with the presentation of the first witness :see Rule '& of the Rules of *ourt;, which ives the impression that no additional affidavits or evidence may be allowed upon presentation of the first witness" f this so, will this also apply to non-criminal cases8 c" t would not unduly pre!udice the opposin party" This is quite surprisin considerin that any additional evidence naturally favors the presentin party and, therefore, pre!udices the other party" d" The defaultin party pays a fine of not less than P$,&&&"&& nor more than P?,&&&"&&, at the discretion of the court" e" t is availed only once" This is the eneral provision and it is not clear whether the exception also applies to criminal cases" The specific rule for criminal cases provide that9 25o further !udicial affidavit, documentary, or ob!ect evidence shall be admitted at the trial"3 This ives the impression that the exception applies only in criminal cases" %" 0ailure to comply with required contents The court shall not admit as evidence !udicial affidavits that do not conform to the content requirements of )ection ' and the attestation requirement of )ection above" The court may, however, allow only once the subsequent submission of the compliant replacement affidavits before the hearin or trial provided the delay is for a valid reason and would not unduly pre!udice the opposin party and provided further, that public or private counsel responsible for their preparation and submission pays a fine of not less than Pl,&&&"&& nor more than P?,&&&"&&, at the discretion of the court" '" Absence durin the scheduled trial date The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearin of the case as required" *ounsel who fails to appear without valid cause despite notice shall be deemed to have waived his client>s riht to confront by cross-examination the witnesses there present"
The Efficient Bse of Paper Rule :A"4" 5o" $$-H--)*; Reconi+in that the !udiciary uses excessive quantities of costly paper :for the purpose of savin trees, conservin precious water and helpin mother earth;, the )upreme *ourt issued the Efficient Use of +a%er Rule :A"4" 5o" $$-H--)*< see full text;" This Rule, which too# effect on $ January %&$', prescribes the format of pleadins, motions and documents filed in courts" 0ormat and )tyle a; All pleadins, motions and similar papers intended for the court and quasi-!udicial body>s consideration and action :courtbound papers; shall written in sinle space with one-and-a half space between pararaphs, usin an easily readable font style of the party>s choice, of $-si+e font, and on a $' inch by 6"?- inch white bond paper< and
b; All decisions, resolutions and orders issued by courts and quasi-!udicial bodies under the administrative supervision of the )upreme *ourt shall comply with these requirements" )imilarly covered are the reports submitted to the courts and transcripts of stenoraphic notes" 4arins and Prints The parties shall maintain the followin marins on all court-bound papers9 a left hand marin of $"? inches from the ede< an upper marin of $"% inches from the ede< a riht hand marin of $"& inch from the ede< and a lower marin of $"& inch from the ede" Every pae must be consecutively numbered" *opies to be filed Bnless otherwise directed by the court, the number of court- bound papers that a pa rty is required or desires to file shall be as follows9 a" n the )upreme *ourt, one oriinal :properly mar#ed; and four copies, unless the case is referred to the *ourt En anc, in which event, the parties shall file ten additional copies" 0or the En anc, the parties need to submit only two sets of annexes, one attached to the oriinal and an extra copy" 0or the .ivision, the parties need to submit also two sets of annexes, one attached to the oriinal and an extra copy" All members of the *ourt shall share the extra copies of annexes in the interest of economy of paper" Parties to cases before the )upreme *ourt are further required, on voluntary basis for the first six months followin the effectivity of this Rule and compulsorily afterwards unless the period is extended, to submit, simultaneously with their courtbound papers, soft copies of the same and their annexes :the latter in P.0 format; either by email to the *ourt>s e-mail address or by compact disc :*.;" This requirement is in preparation for the eventual establishment of an e-filin paperless system in the !udiciary" b" n the *ourt of Appeals and the )andianbayan, one oriinal :properly mar#ed; and two copies with their annexes< c" n the *ourt of Tax Appeals, one oriinal :properly mar#ed; and two copies with annexes" Dn appeal to the En anc, one Driinal :properly mar#ed; and eiht copies with annexes< and d" n other courts, one oriinal :properly mar#ed; with the stated annexes attached to it" Annexes )erved on Adverse Party A party required by the rules to serve a copy of his court-bound on the adverse party need not enclose copies of those annexes that based on the record of the court such party already has in his possession" n the event a party requests a set of the annexes actually filed with the court, the part who filed the paper shall comply with the request within five days from receipt" Applicability This Rule applies to all courts and quasi-!udicial bodies under the administrative supervision of the )upreme *ourt" The Rule, however, is silent on the effectCs of failure to comply with the requirements" Republic 4a#ati *ity, 4etro 4anila ; )")"
of
the
Philippines;
AFFIDAVIT ,F L,-, 7G(EG45A A" PDRE, of leal ae, married, 0ilipino citi+en, with residence address at ?$-I Ka#al )treet, 4a#ati *ity, under oath, depose and state9 :$; , toether with my husband, own a *ertificate Df Participation 5o" &&''? issued by )ecurity an# in the principal amount of P$&&,&&&"&&" :%; Dn January $&, $HHH lost the oriinal of the above *ertificate of Participation when we moved to our new house in 4a#ati *ity, durin which we relocated a number of personal possessions" :'; .ilient search of said document amon our personal effects proved futile and unavailin" :; am executin this affidavit to comply with the requirements of )ecurity an# for the reconstitution of said document" Affiant further sayeth nauht" 7G(EG45A A" PDRE )B)*RE. A5. )7DR5 to before me this day of Auust $HHH in 4a#ati *ity, 4etro 4anila, affiant exhibitin to her *ommunity Tax *ertificate 5o" LLLLLLLLLL issued on LLLLLLLLLLLLL at LLLLLLLLLLLL" .oc" Pae
5o" 5o"
LLLL< LLLL<
oo# )eries of $HHH"
5o"
LLLL<
.EW RE/UIRE0E.T- F,R I--UA.CE ,F AFFIDAVIT ,F -U++,RT1 EFFECTIVE AU2U-T 341 5436
Purpose of the 5ew Requirements9 To prevent 0ilipino ()7s from enterin the country throuh Tourists or Misit Misas, thereby circumventin the overnment policy aainst exposin our citi+ens to human traffic#in and other daners $" The applicant must be within the th deree of consanuinity or affinity spouse, parent, child, randparent, randchildren, uncle, aunt, niece, nephew, $st cousin only" ., -EC,.D C,U-I.-7 ., FRIE.D-7 :f in the opinion of the processor, the visitor is a leitimate tourist and is !ust bein required by the mmiration an Affidavit of )upport, the processor should refer the matter to the Mice *onsul for deliberation" )hould the visitor be found to be a leitimate tourist, the Mice *onsul may waive the relationship requirement; %" )alary *ertificate of the applicant, duly stamped by the company and in the company letterhead, must be presented" 4inimum salary to sponsor is ',?&& dirhams" '" *opy of the trade license of the travel aency or the company facilitatin the tourist visa" " *opy of the Tourist Misa ?" *opy of (otel oo#in" f stayin in the residence of the sponsor, copy of lease contract of the sponsor" Affi"avit of -u%%ort an" Consent to Travel A travel clearance is required and shall be secured from the .)7. by the followin 0ilipino citi+ens9 $"
A minor travelin alone to a forein country<
%" A minor travelin to a forein country accompanied by a person other than hisCher parents" '" A minor who is the sub!ect of onoin custody battle between parents will not be issued a travel clearance unless a *ourt Drder is issued to allow the child to travel abroad with either one of hisCher parents or authori+ed uardian" The travel clearance protects minors who travel alone from human traffic#ers who ta#e advantae on children>s vulnerabilities" To secure a travel clearance, an Affidavit of )upport and *onsent to Travel is often required" AFFIDAVIT ,F -U++,RT A.D C,.-E.T T, TRAVEL
I(WE1 88888888888888888888888 , of leal ae, 0ilipino:s;, sinleCmarriedCwidowCwidower and presently residin at LLLLLLLLLLLLLLLLLLLLLLL after havin been duly sworn to in accordance with law, depose and state9 $" That Cwe amCare the bioloical fatherCmotherCparents of LLLLLLLLLLLLLLL who was born on LLLLLLLLLLLL in LLLLLLLLLLLLL" %"
That said childCchildren will travel to LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL<
LLLLLLLLLLLLLLLLLL
:country;
for
the
followin
reasonCs9
'" That said childCchildren will be leavin on LLLLLLLLLLLLLLLLLLLLL and will stay in the said country for a period of LLLLLLLLLLLLLLLLLLLLLLLLL and will be ta#en cared of by LLLLLLLLLLLLLLLLLLLLLL< " That Cwe cannot personally travel LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL<
with
my
childCchildren
due
to
the
followin
reasons9
?" That amCwe are ivin myCour full consent for the minor childCchildren to travel abroad to be accompanied by LLLLLLLLLLLLLLLLLLLLLLLLL< @" That Cwe personally uarantee the financial support of the childCchildren in the course of hisCherCtheir travel and stay outside the Philippines and further uarantee that heCsheCthey will not in any manner become a burden to the Philippine and LLLLLLLLLLL overnments" =" That Cwe amCare executin this affidavit in connection with myCour childCchildren application for a passport at the .epartment of 0orein Affairs andCor travel clearance from the .epartment of )ocial 7elfare and .evelopment for hisCherCtheir travel abroad"
I. WIT.E-W$ERE,F, LLLLLLLLLLLLLLL, Philippines"
we
have
hereunto
set
our
hands
this 8888888888888888888 in
888888888888888888 88888888888888888888 Affiant Affiant Philippine Passport 5o" LLLLL Philippine Passport 5o" LLLLL ssued at9 LLLLLLLLLLLLLLLL ssued at9 LLLLLLLLLLLLLLLL ssued on9 LLLLLLLLLLLLLLLL ssued on9 LLLLLLLLLLLLLLL
-U)CRI)ED A.D -W,R. T, before me this 8888888888888888888 in LLLLLLLLLLLLLLLLL, Philippines, affiants exhibitin to me their valid proofs of identification" .oc" 5o" LLLLL< Pae 5o" LLLLL< oo# 5o" LLLLL< )eries of %&$'"
A00.AMT D0 .E))TA5*E
REPBG* D0 T(E P(GPP5E); *TK D0 4A5GA
; )")"
(the persons and circumstances below is fictional, please revise)
, Juan del la *ru+, of leal ae, sinle, and a resident of N $%' 4ain )t", 4alate, 4anila, after havin duly sworn to in accordance with law hereby depose and state9
$" am the complainin witness for )erious Physical n!uries aainst Jesus )antos in the case entitled "People of the Philippines versus Jesus Santos" , *riminal *ase 5o" $%'?, 4etropolitan Trial *ourt, ranch 5o" $$, *ity of 4anila"
%" After my sober and soul searchin assessment and analysis of the incident, have reali+ed that because was not wearin my eyelasses and it was dar#, can not point out, without a doubt the accused or any other personCs who inflicted harm aainst me"
'" )ince could not state with certainty and without doubt the liability of Jesus )antos, in fairness to him, am permanently withdrawin my complaint aainst him" clear him of whatever responsibility or liability to me"
" hereby inform the *ity Prosecutor of 4anila that am withdrawin my complaint for )erious Physical n!uries in *riminal *ase 5o" $%'? entitled"People of the Philippines versus Jesus Santos", 4etropolitan Trial *ourt, ranch 5o" $$, *ity of 4anila"
?" li#ewise request the 4etropolitan Trial *ourt, ranch 5o" $$, *ity of 4anila to dismiss with pre!udice the said criminal case"
5 7T5E)) 7(ERED0, hereby set my hand this LL day of )eptember %&LL at the *ity of 4anila"
Juan "e la Cru9 *omplainin 7itness
)B)*RE. A5. )7DR5 to before me this %%nd day of January %&LL at the *ity of 4anila, Philippines"
Ro&eo A#a" Public Prosecutor
DI-TI.CTI,.- )ETWEE. RECA.TATI,. A.D AFFIDAVIT ,F DE-I-TA.CE RECA.TATI,. A witness who previously ave a testimony subsequently declares that his statement were not true AFFIDAVIT ,F DE-I-TA.CE The complainant states that he didn>t really intend to institute the case and he is no loner interested in testifyin or prosecutin t is only a round for dismissin the case only if the prosecution can no accused beyond reasonable doubt without the testimony of the offended party
loner
prove
the uilt of the
Effect of Affi"avit of Desistance in Cri&inal Case
Effect
of
Affi"avit
The effect of t does not criminal action, civil An affidavit if made action" :ou The $"
an bar but
of after
0i!ht 'in"s Geal b i t
of
affidavit of the )tate it operates
desistance :and not
Desistance
desistance or the as a
cannot before;
)e
of Desistance Reco!ni9e" # desistance the desistance i i l li bilit l
in
Cri&inal
in a criminal Iovernment from waiver of the
!ustify the
dismissal institution
Intereste" law un"er referred to th t
case is that, prosecutin the riht to pursue indemnity"
of of
the the
To Art7 in
Case
= law
complaint criminal
;now< of
the which t
R+C would t
already %"
0actual after
-a&%le in Ra%e $"
%"
committed in themselves what the desistance actual desistance the attempted stae of the for
)ar
E>a&
/uestions a
A#out
the
constitute
a felony other than actor intended" of the actor which is made crime< the actor is still liable the attempt" Effect of Cri&inal
Affi"avit
of
Desistance Case7
Effect Affi"avit of Desistance @3B Ariel intimidated Rachel, a mental retardate, with a bolo into havin sexual ntercourse with him" RachelOs mother immediately filed a complaint, supported by her sworn statement, before the *ity ProsecutorOs Dffice" After the necessary preliminary investiation, an information was sined by the prosecutor but did not contain the sinature of Rachel nor of her mother" *itin Art" ' of the RP* :prosecution of the crimes of rape, etc";, Ariel moves for the dismissal of the case" Resolve with reasons" After
the prosecution had rested its a sworn affidavit of desistance executed mother statin that they are no loner the case and that they have pardoned this affidavit of desistance have on the of the case8
$" The
%"
The affidavit of civil
)BIIE)TE. case should of desistance will only liability but not criminal should
case, Ariel presented by Rachel and her interested in prosecutin Ariel" 7hat effect would criminal and civil aspects Explain fully"
not amount liability
A5)7ER9 dismissed" condonation the case proceed"
be to
the hence
still
Dis&issal +rovisional Dis&issal @544B efore the arrainment for the crime of murder, the private complainant executed an Affidavit of .esistance statin that she was not sure if the accused was the man who #illed her husband" The public prosecutor filed a 4otion to 1uash the nformation on the round that with private complainant>s desistance, he did not have evidence sufficient to convict the accused" Dn &% January %&&$, the court without further proceedins ranted the motion and provisionally dismissed the case" The accused ave his express consent to the provisional dismissal of the case" The offended party was notified of the dismissal but she refused to ive her consent" )ubsequently, the private complainant ured the public prosecutor to refile the murder chare because the accused failed to pay the consideration which he had promised for the execution of the Affidavit of .esistance" The public prosecutor oblied and refiled the murder chare aainst the accused on &$ 0ebruary %&&', the accused filed a 4otion to 1uash the nformation on the round that the provisional dismissal of the case had already become permanent" :@/; a"
7as
the provisional Resolve
b"
a"
b"
of 4otion
the
case
proper8 1uash"
to
)BIIE)TE. A5)7ER9 The provisional dismissal of the case was proper because the accused ave his express consent thereto and the offended party was notified" t was not necessary for the offended party to ive her consent thereto" :)ec" 6 of Rule $$=;" The motion to quash the information should be denied because, while the provisional dismissal had already become permanent, the prescriptive period for filin the murder chare had not prescribed" There was no double !eopardy because the first case was dismissed before the accused had pleaded to the chare" :)ec" = of Rule $$=;"
Confession f the
$" %"
dismissal the
s
Affi"avit accused on extra!udicial accused
that 7hat
is
testimony the
of the witness confession in admissible probative
Recantation stand repeats his implicatin the crime
in evidence value of
earlier his
aainst the a witnessO
@3 uncounseled cochared, latter8 Affidavit
:'/; of
Recantation8
$"
%"
:%/;
)BIIE)TE. A5)7ER9 accused can testify by repeatin his earlier extra!udicial confession, because he can be sub!ected to cross-examination" Dn the probative value of an affidavit of recantation, courts loo# with disfavor upon recantations because they can easily be secured from witnesses, usually throuh intimidation or for a monetary consideration, Recanted testimony is exceedinly unreliable" There is always the
Kes"
The uncounseled
probability"
REPBG* D0 T(E P(GPP5E) :Province of *ebu ;4unicipality of 4inlanilla ; A00.AMT D0 .E))TA5*E , JD)E0A *A*5TD, of leal ae, married and a resident of Ginao, Talisay *ity, *ebu Phil", after havin been duly sworn inaccordance with law, do hereby depose and say9 $" That am the private complainant in *riminal *ase 5o"$$-&6-'' entitled People of the Philippines vs" JB5EG0IBERA) for T(E0T< %" That after this case was filed in *ourt, the accused of this case as#ed foriveness and have decided to forive the accused of this case for the spirit of understandin and reconciliation< '" That am no loner interested in further prosecutin this case and without my cooperation in further proceedin this case will be an exercise in futility< " n liht of the foreoin, hereby ceased and desist in prosecutin the aforesaid case and prayed to this (onorable *ourt that this case be dismissed"5 7T5E)) 7(ERED0, have hereunto set my hand and affixed my sinature this $$th day of Auust %&$$ at 4inlanilla, *ebu, Philippines" JD)E0A *A*5TD Affiant
)B)*RE. A5. )7DR5 to before me this $$ th day of Auust %&$$ in 4inlanilla, *ebu" hereby certify that have personally examined the affiant herein and am fully satisfied that she executed voluntarily and understood her own affidavit"
Affi"avit of 2oo" Faith
AFFIDAVIT ,F 2,,D FAIT$
7e, the undersined 4DRTIAIDR A5. 4DRTIAIEE hereby !ointly and severally swear that we executed the foreoin *hattel 4ortae for the purpose of securin the obliationCs specified in the provisions hereof, and for no other purpose and that the same isCare !ust valid obliationCs and not entered into for the purpose of fraud"
LLLLLLLLLLLLLLLLLLLLLLLLL 4ortaor
LLLLLLLLLLLLLLLLLLLLLLLLL 4ortaee
AFFIDAVIT ,F 2,,D FAIT$ 7e, and : hereby !ointly and severally swear that we executed the foreoin *hattel 4ortae in order to secure the indebtedness therein and for no other purpose or purposes contrary to law" I. WIT.E-- W$ERE,F, have hereunto set my hand this Philippines" LLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLL
4DRTIAIDR
th
"a of
0,.T$
:EAR
at
+LACE,
: 4DRTIAIEE
-U)-CRI)ED and -W,R. t o b e fo re m e t h is 6th d a y o f 0,.T$ :EAR, in the *ity of +LACE, Philippines, affiant exhibited to me her IDE.TIFICATI,. CARD as described below the affiant>s sinature" I $ERE): CERTIF: that personally examined the affiant A . D :, a n d am satisfied that she voluntarily executed and understood her declaration on the date and place first above written" .otar +u#lic
.oc" 5o" LLLL Pae 5o"LLLL oo# 5o"LLLL )eries of KEAR Affidavit of 4erit Gaw Geal .efinition
An affidavit of merit is a requirement in some !urisdictions, primarily in medical malpractice claims, to have an expert file an affidavit statin the claim has merit" t is a measure enacted to deter frivolous lawsuits" 7hen a plaintiff in a medical liability lawsuit does not file an affidavit of merit with the complaint, the case may be dismissed" The followin is a )tate )tatute : 4ichian; on Affidavit of 4erit9 4*G) Q @&&"%H$%d " Action allein medical malpractice< complaint to be accompanied by affidavit of merit< filin extension< failure to allow access to medical records" )ec" %H$%d" :$; )ub!ect to subsection :%;, the plaintiff in an action allein medical malpractice or, if the plaintiff is represented by an attorney, the plaintiffOs attorney shall file with the complaint an affidavit of merit sined by a health professional who the plaintiffOs attorney reasonably believes meets the requirements for an expert witness under section %$@H" The affidavit of merit shall certify that the health professional has reviewed the notice and all medical records supplied to him or her by the plaintiffOs attorney concernin the alleations contained in the notice and shall contain a statement of each of the followin9 :a; The applicable standard of practice or care" :b; The health professionalOs opinion that the applicable standard of practice or care was breached by the health professional or health facility receivin the notice" :c; The actions that should have been ta#en or omitted by the health professional or health facility in order to have complied with the applicable standard of practice or care" :d; The manner in which the breach of the standard of practice or care was the proximate cause of the in!ury alleed in the notice" :%; Bpon motion of a party for ood cause shown, the court in which the complaint is filed may rant the plaintiff or, if the plaintiff is represented by an attorney, the plaintiffOs attorney an additional %6 days in which to file the affidavit required under subsection :$;" :'; f the defendant in an action allein medical malpractice fails to allow access to medical records within the time period set forth in section %H$%b:@;, the affidavit required under subsection :$; may be filed within H$ days after the filin of the complaint" :B) GEIAG .E05TD5;
Republic of the Philippines; 4a#ati *ity ; AFFIDAVIT ,F -ERVICE , 0GDRE5T5D J" (D4ERE), under oath, depose a nd state9 $" am the special messener of the law office of IARR.D A))D*ATE) GA7 D00*E), with office address at )uite %$?= (errera Tower, H6 (errera )t" corner Malero )t", )alcedo Millae, 4a#ati *ity" %" served copies of a 5otice of (earin in )pec" Pro 5o" 4-?=%$, pendin before the Reional Trial *ourt of 4a#ati *ity, ranch $'= on the followin parties at their respective addresses and on the dates indicated below9 .a&e
A""ress
Pedro *" alaw
cCo '%@6 )upa Bnited Paranaque Paranaque, 4etro 4anila
Date of -ervice
0o"e of -ervice
)treet $H Auust $HHH
Personal )ervice
Drder of the *armen J" alaw (eart of :a"#"a" )ister Gucia; nfant Jesus )ilan, *avite
mmaculate 4ary $6 Auust $HHH Academy
Drder of the (eart of anawe, enuet
mmaculate 4ary $6 Auust $HHH
(erminia J" :a"#"a; )ister Senia Joven Malencia
5able
HH Pelayo 0 1ue+on *ity
)t" (omes $H Auust $HHH
Reistered 4ai
Reistered 4ail
Personal )ervice
by deliverin personally a copy of the petition andCor notice of hearin on each of the above persons or duly authori+ed representative andCor by leavin a copy of the same at his residence or office, with a person of sufficient ae and discretion or by depositin a copy in the post office, in a sealed envelope, plainly addressed to the addressee at his residence or office, with postae fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten :$&;d days if undelivered" 5 7T5E)) 7(ERED0, have hereunto set my hand this =th day of )eptember $HHH in 4a#ati *ity, 4etro 4anila"
FL,RE.TI., J7 $,0ERE)B)*RE. A5. )7DR5 to before me this =th day of )eptember $HHH in 4a#ati *ity, 4etro 4anila, affiant exhibitin to me his *ommunity Tax *ertificate 5o" $HH6%@&H issued on %% January $HHH at 4a#ati *ity, 4etro 4anila" .oc" Pae oo# )eries of %&&&"
5o" 5o" 5o"
LLLL< LLLL< LLLL<
7hen required8 RULE 3B Filin! an" -ervice of +lea"in!s1 Ju"!&ents an" ,ther +a%ers -ection 3B7 Proof of Service" Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party servin, containin a full statement of the date, place and manner of service" f the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailin of facts showin compliance with section = of this Rule" f service is made by reistered mail, proof shall be made by such affidavit and the reistry receipt issued by the mailin office" The reistry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter toether with the certified or sworn copy of the notice iven by the postmaster to the addressee" :$&a; An affidavit of service, under )ection $', Rule $' of the $HH= Rules of *ivil Procedure, is required merely as proof that service has been made to the other parties in a case"U
REPBG* D0 T(E P(GPP5E); 4a#ati *ity ; ))" A00.AMT D0 .)*REPA5*K 5 5A4E , JBA5 .E " GA *RBS, of leal ae, married, and with address at LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL, under oath, state9 $" T(AT my name is JBA5 " .E GA *RBS as stated and reistered in my birth certificate issued by office of the *ivil Reistry of LLLLLLLLLLLLLLLLLLLLLL" A copy of my birth certificate is hereto attached as A55EV 2A3< %" T(AT the name JBA5 " .E GA *RBS also appears in my passport which was issued based on the data appearin in my birth certificate" A copy of the pae of my passport where my name and picture appears is hereto attached as A55EV 23< '" T(AT since childhood, my friends and acquaintances call me JD(5 and thus since then have been accustomed to usin the name JD(5 " .E GA *RBS in my personal records, transactions and communications< " T(AT the name JBA5 " .E GA *RBS and JD(5 " .E GA *RBS refer to one and the same person, the herein Affiant< ?" T(AT am executin this Affidavit to attest to the truth of the foreoin facts and to use the same for whatever leal purpose it may serve" 5 7T5E)) 7(ERED0, hereunto affix my sinature this LLLLLLLLLLLLLLLLL at 4a#ati *ity" JBA5 " .E GA *RBS Affiant )B)*RE. A5. )7DR5 to before me this LLLLLLLLLLLLLLL at 4a#ati *ity, Affiant exhibitin to me his Passport bearin 5o" LLLLLLLLLLLLLLLLLLLLLLLLLLLLLL issued at LLLLLLLLLLLLLL on LLLLLLLLLLLLLLLLL" .oc 5o" LLLLLLLL< Pae 5o" LLLLLLL < oo# 5o" LLLLLLL< )eries of LLLLLLLL" Affidavit of .iscrepancy and Affidavit of Two .isinterested Persons t miht come as a surprise for some people when they discover that the name that they have been usin is not the same with the name their birth certificates indicate" f that happens, some public and private offices often require that the person concerned issue an Affidavit of .iscrepancy and additionally requirin two other disinterested persons to attest to the identity of the person who has discrepancy in his name" n the example below, a certain JD(55K .EGA *RBS later on discovers that his irth *ertificate indicates that his name is actually JBA5 .EGA *RBS"
AFFIDAVIT ,F DI-CRE+A.C:
, JUA. C7 DELA CRU1 of leal ae, sinle, and a resident of .avao *ity, after havin been duly sworn to in accordance with law, hereby depose and say9 That since was youn, have been usin the name 2J,$..: C7 DELA CRU<3 That am also #nown by my family and friends as 2J,$..: C7 DELA CRU3< That recently, applied for membership with the Philippine (ealth nsurance *orporation :Phil(ealth; and as a requirement for such application, was made to submit my irth *ertificate< That when requested for a copy of my irth *ertificate from the 5ational )tatistics Dffice, was surprised that my name as reflected on the official document is 2 JUA. C7 DELA CRU3 (A copy of the Birth Certificate is hereto appended as A! #A$ and forms an inte%ral part hereof)& That attest that 2J,$..: C7 DELA CRU3 and 2JUA. C7 DELA CRU3 is one and the same person< That from now on, will be usin my true and correct name, JUA. C7 DELA CRU" That am executin this affidavit in order to attest to the truth of the facts aforementioned, and for any leal purpose this may serve" 5 7T5E)) 7(ERED0, have hereunto set my hand this this LLLLLLLLLLLLL at LLLLLLLLLLLL"
JUA. C7 DELA CRU Affiant 7itnesses9
)B)*RE. A5. )7DR5 to before me this this LLLLLLLLLLLLL at LLLLLLLLLLLL,, affiant exhibitin to me his Phil(ealth . 5o" LLLLLLLLLLLLLLLL"
.oc 5o" LLL< Pae 5o" LLL< oo# 5o" LLL< )eries of LLLLL"
5otary Public
J,I.T AFFIDAVIT ,F TW, DI-I.TERE-TED +ER-,.-
7E, WIT.E-- ,.E an" WIT.E-- TW,1 both of leal ae, both sinle, and residents of .avao *ity, after havin been duly sworn to in accordance with law, hereby depose and say9 That we personally #nown 2J,$..: C7 DELA CRU3 because we are family friends and we have #nown him for more than '& years< That we also personally #now that 2J,$..: C7 DELA CRU3 has been usin that name since he was a child< That we personally #now that from available records, his authenticated irth *ertificate indicates that his name is 2JUA. C7 DELA CRU3& That we attest that 2J,$..: C7 DELA CRU3 and 2JUA. C7 DELA CRU3 is one and the same person< That we are executin this affidavit in order to attest to the truth of the facts aforementioned, and for any leal purpose this may serve" 5 7T5E)) 7(ERED0, have hereunto set my hand this this LLLLLLLLLLLLL at LLLLLLLLLLLL"
WIT.E-- ,.E .C*T* 5o" ssued on ssued at
WIT.E-- TW, .C*T* 5o" ssued on ssued at
)B)*RE. A5. )7DR5 to before me this LLLLLLLLLLLLL at LLLLLLLLLLLL, affiants exhibitin to me their competent evidence of identity written below their names"
.oc 5o" LLL< Pae 5o" LLL< oo# 5o" LLL< )eries of LLLLL"
$"
5otary Public
A Guitclai& "ee" is a leal instrument which is used to transfer interest in real property" The entity transferrin its interest is called the rantor, and when the Guitclai& "ee" is properly completed and executed it transfers any interest the rantor has in the property to a recipient, called the rantee"
Release 7aiver and 1uitclaim RELEA-E WAIVER A.D /UITCLAI0 5D7 AGG 4E5 K T(E)E PRE)E5T)9 That , LLLLLLLLLLLLLLLLLL, 0ilipino, of leal ae, a resident of LLLLLLLLLLLLLLLLLL, and formerly employed with LLLLLLLLLLLLLLLLLL, do by these presents ac#nowlede receipt of the sum of LLLLLLLLLLLLLLLLLL, Philippine *urrency, from LLLLLLLLLLLLLLLLLLLLL in full payment and final settlement of the :financial assistance or separation pay, overtime pay, salary or salaries, wae or waes, commutable sic# and vacation leaves, ratutities or any #ind of compensation or emoluments; due to me or which may be due to me from LLLLLLLLLLLLLLLLLLLL under the law or under any existin areement with respect thereto, as well as any and all claims of whatever #ind and nature which have or may have aainst LLLLLLLLLLLLLLLL, arisin from my employment with :and the termination of my employment with LLLLLLLLLLLLLLLLLLLLLL" n consideration of said payment, do hereby quitclaim, release, dischare and waive any and all actions of whatever nature, expected, real or apparent, which may have aainst LLLLLLLLLLLLLLL, its directors, officers, employees, aents and clients by reason of or arisin from my employment with the company" will institute no action, whether civil, criminal, labor or administrative aainst LLLLLLLLLLLLLLLLL, its directors, officers, employees, aents and clients" Any and all actions which may have commenced either solely in my name or !ointly with others before any office, board, bureau, court, or tribunal aainst LLLLLLLLLLLLLLLLL, its directors, officers, employees, aents and clients are hereby deemed and considered voluntary withdrawn by me and will no loner testify or continue to prosecute said action:s;" declare that have read this document and have fully understood its contents" further declare that voluntarily and willinly executed this Release, 7aiver and 1uitclaim with full #nowlede of my rihts under the law" 5 7T5E)) 7(ERED0, have hereunto set my hand at LLLLLLLLLLLLL, this LLL day of LLLLLLLLLLLLLLL, %&&&"
LLLLLLLLLLLLLLLLLLLLLLL Affiant
)I5E. 5 T(E PRE)E5*E D0 LLLLLLLLLLLLLLLLLLLLLLL
LLLLLLLLLLLLLLLLLLLLLL
promWisWsoWry note noun $" a sined document containin a written promise to pay a stated sum to a specified person or the bearer at a specified date or on demand"
+R,0I--,R: .,TE 0DR MAGBE RE*EME., the undersined promises to pay to .EID 05A5*5I *D" :U(olderU;, or order, at such address as the holder hereof may specify, the principal of T7EGME 4GGD5 A5. &&C$&& PE)D) :P(P$%,&&&,&&&"&&;, Philippine *urrency, plus interest of T7EGME PER*E5T :$%/; PER A55B4 on the principal, at an installment of D5E 4GGD5 PE)D) per month" Payments of the interest of the installment of D5E 4GGD5 per month shall commence on $ Dctober $HHH and continue throuh $ )eptember %&&&" The orrower shall have the riht at any time or from time to time to p ay all or a portion of the principal without premium or penalty" Prepayments may not be reborrowed" Any default or delay in the payment of any installment shall bear a penalty of T(REE :'/; PER*E5T per month by way of liquidated damaes"
)hould suit be brouht to recover on this note, or should the same be placed inO hands of an attorney for collection, 4a#er promises to attorney fees equal to 00TEE5 :$?/; PER*E5T of the principal and costs incurred in connection therewith" This note shall be overned and construed accordance with the laws of the Philippines, and suit hereon may be brouht in the Reional Trial *ourt of 4a#ati *ity, 4etro 4anila, and for this purpose 4a#er hereby expressly consents to the venue and !urisdiction of said court" 0ailure of (older to exercise any option hereunder shall not constitute a waiver of the riht to exercise the same in the event of any subsequent default or in the event of the continuance of any existin default after demand for strict performance hereof" 4a#er hereby waives demand, dilience, presentment for payment, protest or notice of demand and exercise of any option hereunder" 4a#er or each individual and entity sinin this note, whether or not a s a 4a#er, further arees that the rantin of any extension or extensions of time for payment of any sum or sums due hereunder, or under any other instrument securin this note, or for the performance of any covenant, condition or areement hereof or thereof or the ta#in release of other or additional security shall in no way release or dischare the liability the 4a#er or any sinor or any uarantor hereof" Time is of the essence of this note and each and every term and provision herein is intended to insure the prompt payment of the obliation" 5 7T5E)) 7(ERED0, the parties hereto have executed this 5ote this day of Dctober, $HHH" orrower9 (older9
+ro&issor .ote Php?&,&&&"&&
January ?, %&$
0DR MAGBE RE*EME., promise to pay to the order of A55A *BRTE), the sum of 00TK T(DB)A5. PE)D) :Php?&,&&&"&&; Philippine *urrency, in TE5 :$&; equal monthly installments of 0ME T(DB)A5. PE)D) :Php?,&&&"&&; startin 0ebruary ?, %&$ and every ?th day of the month thereafter until fully paid" )hould fail to pay on the due date, a late penalty fee of three percent :'/; per month shall be added on each unpaid installment from due date thereof until fully paid" )d" D5I 5AARD
