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Legal Forms(Midterms Reviewer)

1. What is contained in the sworn attestation of the lawyer in a Judicial Affidavit

he !udicial affidavit shall contain a sworn attestation at the end" e#ecuted $y the lawyer who conductedor su%ervised the e#amination of the witness" to the effect that&

(1) 'e faithfully recorded or caused to $e recorded the uestions he ased and thecorres%onding answers that the witness gave* and

(+) ,either he nor any other %erson then %resent or assisting him coached the witness regardingthe latter-s answers.

+. What is the effect of noncom%liance with the Judicial Affidavit Rule in cases when it is reuired/

Section 10. Effect of non-compliance with the judicial Affidavit Rule.  (a) A %arty who fails to su$mit thereuired !udicial affidavits and e#hi$its on time shall $e deemed to have waived their su$mission. he courtmay" however" allow only once the late su$mission of the same %rovided" the delay is for a valid reason" wouldnot unduly %re!udice the o%%osing %arty" and the defaulting %arty %ays a fine of not less than 0 1". nor

more than 02". at the discretion of the court.

($) he court shall not consider the affidavit of any witness who fails to a%%ear at the scheduled hearingof the case as reuired. 3ounsel who fails to a%%ear without valid cause des%ite notice shall $edeemed to have waived his client-s right to confront $y crosse#amination the witnesses there %resent.

(c) he court shall not admit as evidence !udicial affidavits that do not conform to the contentreuirements of 4ection 5 and the attestation reuirement of 4ection 6 a$ove. he court may" however"allow only once the su$seuent su$mission of the com%liant re%lacement affidavits $efore the hearingor trial %rovided the delay is for a valid reason and would not unduly %re!udice the o%%osing %arty and%rovided further" that %u$lic or %rivate counsel res%onsi$le for their %re%aration and su$mission %ays afine of not less than 01". nor more than 0 2"." at the discretion of the court.

5. What is the rationale $ehind the 7fficient 8se of 0a%er Rule/

9n 15 ,ovem$er +1+" the 4u%reme 3ourt 7n :anc signed A.M. ,o. 11;643" otherwise nown asthe 7fficient 8se of 0a%er Rule (

 !udicial %rocess.

6. 4tate the format and style of %leadings with res%ect to the s%ace $etween sentences and %aragra%hs*fonts and si>e of %a%er according to the 7fficient 8se of 0a%er Rule (AM ,o. 11;643)

 All %leadingsdocuments filed with the courts must $e singles%aced" with s%acing of 1B s%ace in$etween %aragra%hs" use a font si>e of 16" and written on a long $ond white %a%er (C.2= $y 15=). heforegoing format is also %rescri$ed for all documents %re%ared and issued $y the courts. he 780R also%rescri$es that the margins for court$ound documents must $e 1.2= on the side" 1.+= on the u%%er side"and 1.= on $oth the right and lower %ortions.

2. 0re%are a com%laint for 7stafa under Art 512 %ar 1 ($) of the Revised 0enal 3ode. 4u%%ly the facts.

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REPUBLIC OF THE PHILIPPINES)Province of Negros Occidental) S.S.Cit of Bacolod )! " " " " " " " " " " " " " " " " " " " " " " " !

COMPLAINT - A F F I D A V I T

I# $IC%E& $. $OUSE # of legal age# 'arried# Fili(ino citien and resident of *ranadaS+,division# Bacolod Cit# P-ili((ines after ,eing sorn in accordance it- la# -ere, de(oseand state/

0 TH1T# I a' an oner of a (arcel of land located in Hda. 2onderland# Bacolod cit asevidence , TCT no. T"33345 -erein attac-ed as anne! 6178

9 TH1T# :ON1L: :. :UC%# a Fili(ino# single# legal age and a resident of Bacolod Cit# -asleased t-e a,ove 'ention (ro(ert fro' 'e for a (eriod of one ear.

; TH1T# as co'(ensation for t-e said lease $r. :+c< -as agreed to (a 'e in f+ll t-ea'o+nt of =ve -+ndred t-o+sand (esos >PHP ?44#444) as evidence , t-e $etroBan<C-ec

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P-ili((ines8

IN WITNESS WHEREOF# I -ave -ere+nto set ' -and t-is $arc- 0# 9443 at Bacolod Cit#P-ili((ines.

MICKEY MOUSE

SUBSCRIBED AND SWORN to ,efore 'e# t-is 0st da of $arc-# 9443 , $IC%E& $OUSE-o e!-i,ited to 'e -is Co''+nit Ta! Certi=cate No. 035A3 iss+ed at Bacolod# P-ili((ines on

 an+ar ?# 9443. and t-at I a' satis=ed t-at s-e -as vol+ntaril e!ec+ted and +nderstood t-econtents of -is Co'(laint" 1davit.

Oce of t-e Cit Prosec+tor