Archive for October, 2010


FORM 0003: DEED OF SALE OF MOTOR VEHICLE

Filed under: PHILIPPINE LEGAL FORMS — Leave a comment
October 22, 2010

DEED OF SALE OF MOTOR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:

THAT ____________________________________ (the VENDOR) with address at _______________________________________________________, for and in consideration of the amount PESOS: __________________________________  (P______________________), Philippine Currency, and other valuable consideration, receipt of which is hereby acknowledged from _____________________ (the VENDEE), of legal age,  with address at _______________________________________ hereby SELL, TRANSFER AND CONVEYS and by these presents SOLD, TRANSFERRED AND CONVEYED unto said VENDEE the following motor vehicle (certificate of registration attached)  described as follows:

Type                     :         _____________________

Model/Make         :         _____________________

Engine No.           :         _____________________

Chasis No.            :         _____________________

Plate No.               :         _____________________

of which the VENDOR is the absolute owner.

I hereby warrant that said motor vehicle is free from any alien and encumbrances and that I will defend the title and right of the VENDEE from any claim of whatever kind or nature from the third persons.

IN WITNESS WHEREOF, I have hereunder affixed my hand this day of ______________ at __________________________, Philippines.

_____________________________            ____________________________

Seller                                                   Buyer

 

SIGNED IN THE PRESENCE OF

_______________________           _______________________

 

 

 

ACKNOWLEDGMENT

Republic of the Philippines)

Makati City                        ) S.S.

BEFORE ME, a Notary Public for and in the above-indicated locality, on this _____________________________ personally appeared:

 

NAME:                                              RES. CERT. NO.            DATE/PLACE                                                               PASSPORT NO.                 ISSUED:

_________________________ _________________           _____________

 

_________________________ _________________           _____________

 

_________________________ _________________           _____________

 

known to me and to me known to be the same persons who executed the foregoing Deed of Absolute Sale  and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and at the place first above-written.

Doc. No.  _____;

Page No. _____;

Book No. _____;

Series of ______.

FORM932

For advice on above subject, you may contact J.A.B. Bulao & Associates at jabblaw@yahoo.com or send a message to  Cell No. 09155205254.



Comment

LEGAL NOTE 0001: DEFINITION OF PROBABLE CAUSE

Filed under: LEGAL NOTES — Leave a comment

            Probable cause may be defined as such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper. – U.S. v. Addison, 28 Phil 570.

          The existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. – Buchanan v. Esteban, 32 Phil 365.

          The existence of probable cause presupposes the introduction of competent proof that the party against whom it is sought has performed particular acts, or committed specific omissions, violating a given provision of our criminal laws. – Stonehill v. Diokno, 126 Phil 738.

          The reasonable ground for suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the accused is guilty of the offense with which he is charged. – Tuazon v. Matias, 45090-R, November 27, 1975.

          Probable cause does not mean actual and positive cause, nor does it imply absolute certainty. If on the basis of the facts recited in the depositions in support of the search  warrant a reasonable, discreet and prudent man would be led to believe that the offense charged has been committed, there is probable cause justifying the issuance of a search warrant. – Hercules Bottling Co. v. Savellano, 09153, February 29, 1980.

          Such a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves as to warrant a reasonable man in believing the accused to be guilty. – U.S. v. Santos, 36 Phil 855.

          Prima facie case. For purposes of preliminary investigation, the two terms, probable cause and prima facie case, have been used interchangeably, with no significant distinction. Loosely speaking, as has been the obvious intention of both rules and statutes prescribing the procedure of preliminary investigation. – Crisostomo v. Pamaran, 74 OG 6663. 

          Such facts and circumstances which would lead a reasonably dicreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to searched. –Burgos v. Chief of Staff, AFP, L-64261, December 26, 1984;133 SCRA 813.

          Probable cause required to justify the issuance of a search warrant is such antecedent facts and circumstances as would a cautious man to rely upon them and act in pursuance thereof. –US. v. Addison, 28 Phil 566.

SOURCE:  PHIL. LAW DICTIONARY, 3RD EDITION, 1988, F.D.B.MORENO

==================================================

==================================================

==================================================

The term “probable cause” does not mean actual and positive cause nor does it import absolute certainty.  It is merely based on opinion and reasonable belief.  Thus, a finding of probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. Precisely, there is a trial for the reception of evidence of the prosecution in support of the charge.

SOURCE: GEORGE MILLER VS. SECRETARY HERNANDO B. PEREZ, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF JUSTICE AND GIOVAN BERNARDINO ( G.R. NO. 165412, 30 MAY 2011, VILLARAMA, JR., J) SUBJECTS: PROBABLE CAUSE; PRELIMINARY INVESTIGATION. (BRIEF TITLE: MILLER VS. SEC. PEREZ)

For advice on above subject, you may contact J.A.B. Bulao & Associates at jabblaw@yahoo.com or send a message to  Cell No. 09155205254.

Comment

FORM 0002: DEED OF SALE OF TITLED LAND, UNILATERAL

Filed under: PHILIPPINE LEGAL FORMS — Leave a comment

RE: DEED OF SALE OF OF TITLED  LAND, UNILATERAL,

DEED OF SALE

I, _______________________, of legal age, Filipino citizen, single/married to _________________, and resident of _____________________,  in consideration of the sum of _______________ PESOS(P__________), Philippine currency, to me in hand paid by _______________, of legal age, single/married to _____________________, Filipino, and resident of _______________________, do hereby sell and convey onto said __________________________, his/her heirs and assigns a  parcel of land with the improvements thereof situated in _____________, and more particularly described as follows:

(Description)

of which I am the registered owner in accordance with the Land Registration Act, as amended, my title thereto being evidenced by Original/ Transfer Certificate of Title No. ____________ issued by the Register of Deeds of _________________.

IN WITNESS WHEREOF, I have hereunto signed these presents at ______________, Philippines, on this ______________ day of _________________, 20 _______.

______________________

Seller

TIN  _______________

With my marital consent:

_____________________

Spouse of Seller

SIGNED IN THE PRESENCE OF:

___________________________                        _________________________

(NOTARIAL ACKNOWLEDGMENT)

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ________________)SS.

CITY/MUNICIPALITY OF_______)

PHILIPPINES                                            )

At ___________, Philippines, on this ____ day of ______, 20 ___, personally appeared ________________, with TIN ____________, and Residence Certificate No. ______________ issued at _________ on 20 ____, known to me the same person who executed the foregoing instrument, and acknowledged that the same is his/her free act and deed.

Doc No.   ________

Page No. ________

Book No. ________

Series of 20 ______

AFORM0007

For advice on above subject, you may contact J.A.B. Bulao & Associates at jabblaw@yahoo.com or send a message to  Cell No. 09155205254.

Comment