Bar Subject: Practical Exercises

1. Estafa Defense Elements
In prosecutions for estafa under Article 315, paragraph 2(d) of the Revised Penal Code, deceit and damage are essential elements. Issuing a postdated check as a mere guarantee or security for a pre-existing obligation does not constitute estafa, as the check was not the efficient cause that induced the creditor to grant the loan. When a check is issued for a pre-existing debt upon the creditor's insistence, fraudulent intent at the time of issuance is absent, negating criminal liability.

2. Dacion en Pago
Dacion en pago is a special mode of payment whereby property is alienated to the creditor in satisfaction of a debt in money. Governed by the law on sales, it requires the consent of both debtor and creditor, an object certain, and a cause or consideration. Upon the delivery and transfer of ownership of the agreed property to the creditor, the monetary obligation is completely extinguished, along with any accessory security arrangements or pending civil claims arising from the underlying debt.

3. Essential Legal Forms
Legal drafting requires strict compliance with statutory requisites for enforceability. A promissory note must clearly express an unconditional promise to pay a sum certain in money with specified interest and maturity. A judicial affidavit must contain the required sworn statements and jurat under the Judicial Affidavit Rule. A deed of dacion en pago must explicitly state the pre-existing debt, describe the property transferred, and declare the total discharge of the debt upon mutual agreement.

1. Affidavit of Loss
An affidavit of loss is a sworn written statement executed by a person who has lost a document, license, title, or valuable instrument. It sets forth the facts surrounding the possession, custody, and subsequent loss or destruction of the instrument. The affiant declares under oath that the item was lost beyond recovery, was not pledged, assigned, or confiscated by law enforcement authorities, and that the statement is executed to secure a replacement document or for other legal purposes.

2. Jurat Requirements
A jurat is the part of an affidavit where the notary public certifies that the document was subscribed and sworn to before him by the affiant. Under the Rules on Notarial Practice, the affiant must personally appear before the notary public, be identified through competent evidence of identity, and sign the affidavit in the notary's presence. The jurat includes the date, location, notary's signature and seal, as well as the document, page, book, and series numbers recorded in the notary's register.

3. Legal Form Execution
Drafting legal forms like affidavits requires strict adherence to essential formal requisites to ensure legal validity and enforceability. An affidavit must contain a proper venue or caption indicating where it was executed, a formal preamble stating the affiant's full name, age, citizenship, and residential address, followed by numbered factual allegations in clear, direct language. It concludes with an execution clause, the affiant's signature, and a complete jurat executed by a commissioned notary public.

1. Notice of Hearing
A notice of hearing in a motion is a formal written request directing the clerk of court and the adverse counsel to take notice that a motion will be submitted for the consideration and approval of the court on a specified date and time. Under traditional civil procedure rules, litigious motions require a notice of hearing to satisfy due process requirements by affording the opposing party reasonable opportunity to appear and present objections before the court rules on the motion.

2. Litigious Motions
Under the amended Rules of Civil Procedure, motions are classified as either non-litigious or litigious. Litigious motions, such as a motion to dismiss, are those that affect the substantive rights of the adverse party. Although recent rule amendments have modified the traditional requirement of setting oral arguments for litigious motions at the discretion of the court, a motion must still properly notify the adverse party and the clerk of court of its submission for resolution.

3. Service and Proof
Proper service of pleadings, motions, and notices upon the opposing party or counsel of record is mandatory under Rule 13 of the Rules of Court. A copy of the motion and its notice of hearing must be served on the adverse party with proof of service attached. Failure to serve the motion or give proper notice renders the application a mere scrap of paper that cannot be acted upon by the trial court.

1. Conditional Sale Nature
A deed of conditional sale is a contract where ownership over the real property remains with the vendor and does not automatically pass to the vendees until full payment of the stipulated purchase price. The agreement creates a suspensive condition where title reservation protects the seller. Upon satisfaction of the agreed monetary terms, the vendor becomes legally obligated to execute a final deed or transfer title to the buyers.

2. Allocation of Expenses
In contracts of sale involving real property, parties possess contractual freedom to allocate liability for taxes, fees, and administrative costs. Typically, sellers bear expenses directly related to the sale itself, such as capital gains tax or documentary stamp tax, while buyers assume expenses associated with title registration and transfer taxes. Clear contractual stipulations prevent future legal disputes regarding tax assessments and registration fees.

3. Formal Requisites
Conveyance of real property requires compliance with formal legal requisites under the Statute of Frauds and Notarial Law. A deed of conditional sale must be in writing, clearly describe the property using its Transfer Certificate of Title number and location, state the full consideration, and detail the payment terms. A public instrument acknowledged before a notary public is required for registration with the Register of Deeds.