UNIT 1.
PRELIMINARIES IN LEGAL FORMS
Legal form
A prototype of an instrument to be employed in a legal transaction or a judicial
proceeding that includes the primary essential matters, appropriate technical phrases or
terms, and any additional material required to render it officially accurate, arranged in
suitable and systematic order, and conducive to an “Adaptation” to the circumstances of
the particular case.
Learning Outcome
At the end of this unit, you will be able to:
Define Legal Forms
Identify the Characteristic of Legal Forms
Apply the Guidelines in Preparing Legal Forms
Understand the Importance of Legal Forms
Compare the Kinds of Document
Classify the Classification of Legal Forms
PRETEST
TRUE OR FALSE
Directions: On the space provided in each item, write
true if the statement denotes accurate facts and false
if it is an untruthful statement.
_____1. There are 4 kinds of Document.
_____2. In general, the standardized size of legal form is 8.5” x 13”.
_____3. The language used in most legal forms is English.
_____4. The customary practice for margins in legal forms is not less
than one and a half (1 1/2) inches for both the top and left sides of the
form.
_____5. The subject matter of legal form must be properly developed or
organized. Ideas must be unified and coherent and accurately presented.
You performed excellently in your
pretest responses.
The next part is contains the
essential topics related to the
preliminaries of legal forms!
I- CHARACTERISTIC OF LEGAL FORMS
1. The language used in most legal forms is English
2. Correct choice of word - the words used must be simple and
appropriate. Observe correct grammar, spelling, and punctuation
marks.
3. Proper sentence construction- sentences must be simple, direct
and not too long, correctly phrased. There must be subject-verb
agreement.
4. Paragraphs must be impressive- the subject matter must be
properly developed or organized. Ideas must be unified and
coherent and accurately presented.
5. Correct citations- the writer should cite the provisions of law and
jurisprudence.
6. Correct form of legal document- legal writing includes the
preparation of documents, instruments, pleadings, and other papers
where the writer applies his legal knowledge and skills.
II- GUIDELINES IN PREPARING LEGAL FORMS
A. The Document Size
As a general rule, the size of every legal form is 8.5" x 13", the
legal size coupon bond. However, there are some exceptions to this
rule. When preparing (1) Negotiable Instruments, (2) Contracts,
and (3) Special Power of Attorneys, there is usually no preferred
size.
B. Margins:
The customary practice for margins in legal forms is not less than
one and a half (1 1/2) inches for both the top and left sides of the
form. The right side of the form usually has a smaller margin but
close to the margins on the left and top side.
C. Notarial Seal
It is impressed at the end of the document where the document,
page, book numbers, and series of the notarial seal are indicated.
If the document consists of more than one page, the notarial seal
must be impressed on every page thereof.
D. The Form for Non-Litigation Forms
The declarations can be enumerated by using: (1) WHEREAS
before each declaration or E (2) by numbering each declaration.
In using the WHEREAS clause, the form must be ended with a
THEREFORE clause. They start with the announcement KNOW
ALL MEN BY THESE PRESENTS, and end with IN WITNESS
WHEREOF.
III- IMPORTANCE OF LEGAL FORMS
The memory of people is short. Parties to a verbal agreement often
disagree as to what they have agreed several months or years after
they have entered into a verbal agreement.
To avoid such situation and in order to have a clear guide and
evidence of the terms they have agreed, lawyers, or even the
parties themselves, request a written agreement for their contract or
legal transaction.
Moreover, form is important when the law requires a document or
other special form. And when the law requires that a contract be in
some form in order that it may be valid or enforceable, or that a
contract be proved in a certain way, that requirement is absolute
and indispensable.
In the same way, judicial proceedings make use of forms as
documentary requirements and evidence for these proceedings,
containing therein legally binding information.
WHAT IS A DOCUMENT?
It is a written instrument, an agreement, a deed, a map, an object, a
photograph or anything which proves a fact, an event, an incident, or
transaction.
IV- KINDS OF DOCUMENT
Private document - a written instrument, deed or agreement
which is not notarized before a notary public or any other person
authorized to administer oath.
Public document- a document executed and acknowledged before
a notary public or any person authorized to administer oath. It is
also known as notarized document.
Notarization- the act that ensures the public that the provisions in the
document express the true agreement between the parties. It converts a
private document to a public document and renders it admissible in court
without further proof of its authenticity.
AUTHORIZED TO PERFORM NOTARIAL ACTS
Notary public-refers to any member of the Philippine Bar in good
standing who is issued a Notarial Commission by the Executive
Judge where the petition is files.
Notary public ex officio- a government official who is clothed by
law with general authority to administer oaths and to perform
notarial acts within the limits of their territorial jurisdiction.
President, Vice president, Members and secretaries of both houses,
Secretaries of departments, Governors, Mayors, Clerk of court,
Etc.