0% found this document useful (0 votes)
19 views

Tech Write Midterm

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
19 views

Tech Write Midterm

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 27

TECHNICAL ENGLISH

(LEGAL FORMS)
MIDTERM
CONVEYANCE

Is the transfer and assignment of any property right or interest from one individual or entity (the conveyor) to
another (the conveyee)

This is usually accomplished through a written instrument – most often a deed- that transfers title to, or creates a lien on
property.

A conveyance refers to a contract, meaning that the buyer, as well as the seller is legally bound to fulfill their
obligations. Supposing either party doesn’t do so, the other party is capable of suing the defaulting party in court to
either claim damages or enforce the contract.
DEED

Is a written instrument under


seal containing a contract or It is a legal document that
agreement which has been grants its holder ownership of a
delivered by the parties to be piece of real estate or other
bound and accepted by the assets, such as an automobile.
oblige or covenantee.
RULE 1: The usual
commencement of a contract
CARDINAL should be:

RULES IN
DRAFTING “This Agreement” or “An
CONTRACTS/ Agreement” or “Articles of
Agreement”
DEED AS
LEGAL
RULE 2: The FULLNAMES of the parties,
DOCUMENTS their capacity, civil status, and their
residences, should come next. The logical
order in which the parties are to be named in
the document must be observed.
RULE 3: The principal or operational clauses of the document should be
stated in separate, numbered paragraphs

RULE 4: Verbosity (wordiness) should be avoided

RULE 5: Specific or technical terms, which have special meanings in the


document, should be especially defined

RULE 6: Names of parties should be repeated. The use of PRONOUNS


would give rise to AMBIGUITY
RULE 7: The document must be NEAT, FREE FROM ERASURES, INTERLINEATIONS,
OR SUSPICIOUNS OF ALTERATIONS

RULE 8: A clause may be inserted at the end of an agreement that”

“This contract shall extend and be binding upon the parties thereto, their executors,
administrators and assigns

RULE 9: The place and date of execution of the document usually come
LAST, and may be stated thus:

“Signed in the City of Manila, Philippines, this day of , 20 .”


WHAT IS A WILL?

A will is a legal document which is prepared with certain formalities, and under
which a person directs what will happen to his/her property after his/her death.

This will is effective only upon the person’s death and it can be modified or revoked by
the person at any time during his/her life.
DISTINCTION BETWEEN A DEED
AND A WILL
While wills and deeds are completely different
documents, both of them have the effect of transferring
ownership of property, and both can be used in disposing of such
property in the context of estate planning. A will disposes of
one’s estate upon death and a deed passes an interest in land or
other real property.
JURAT
Is that part of an affidavit in which the officer certifies that the instrument was sworn to
before him.

It is used in affidavits, certifications, verifications, or whenever the person executing a


document or instrument makes a statement of facts or attests to the truth of an
occurrence of an event under oath.

A jurat should only be used in affidavits, sworn statements, certifications, verifications


and the like, but never in Contracts.
ACKNOWLEDGEMENT

An acknowledgement is
Is the act of one who has
to authenticate an
executed a deed, in going
agreement between two
before some competent
or more persons, or
officer or court and
where the document
declaring it to be his act
contains a disposition of
or deed.
property.
INSTRUMENTS REQUIRED
TO BE
ACKNOWLEDGED
The act of acknowledging instruments is statutory and only those instruments that
are required by law to be acknowledged shall be acknowledged. An instrument can not be
acknowledged by a person other than who executed it.
 The instruments that must be acknowledged are:

DEED

CONVEYANCES

MORTGAGES LEASES RELEASES

DISCHARGE AFFECTING LANDS


SWORN STATEMENTS

A sworn statement is a document that contains facts that are


relevant to a legal proceeding. Sworn statements are similar to affidavits,
however, unlike affidavits, they are not required to be signed, witnessed,
or sealed by a notary public. Instead, the person making the statement
signs a paragraph at the end of the document acknowledging that the
facts within the statement are true to his knowledge, and being made
under penalty of perjury.
In taking sworn statement, the
police should comply Sec.12, Art.3 of
the 1987 Constitution by reminding
the accused of his constitutional rights.
SECTION 12. (1) Any person under
investigation for the commission of an No torture, force, violence, threat,
offense shall have the right to be informed
of his right to remain silent and to have
intimidation, or any other means
competent and independent counsel which vitiate the free will shall be
ARTICLE preferably of his own choice. If the person
cannot afford the services of counsel, he
used against him. Secret detention
places, solitary, incommunicado, or
III must be provided with one. These rights
cannot be waived except in writing and in
other similar forms of detention are
prohibited.
the presence of counsel.

Bill of
Rights Any confession or admission The law shall provide for penal and civil
obtained in violation of this or sanctions for violations of this section as
Section 17 hereof shall be well as compensation to and rehabilitation of
inadmissible in evidence against victims of torture or similar practices, and
him. their families
AFFIDAVIT
Affidavit is a voluntary sworn declaration of written facts.

It is sworn before a notary or other officers entitled to administer an oath or take


acknowledgement.

The document needs to be authorized either by oath commissioner or any Notary public
so that the authenticity of affiant’s signature can be proved.

Both the author and witness need to sign it, if the affidavit is needed for conducting court
proceedings therefore it needs to be created in proper manner by any legal profession.
The person making the sworn statement is referred
to as the AFFIANT.

In signing an affidavit, the affiant is asserting that


the information is true and that they have personal
knowledge of the facts contained in the affidavit.

They are also stating that they are competent to


testify about the information provided if called into
court.
In executing an affidavit, the affiant’s primary qualification is that
he has knowledge of facts which he states, and the truth of which he
affirms.

EXECUTING It will be used to prove the truthfulness of a certain statement in court.

AN
AFFIDAVIT It is either the personal knowledge of the affiant or his/her information
and belief or although not based on their personal perspective, the affiant
states only what he/she feels they can state as true.

An affidavit is only valid when made voluntarily and without coercion.


LEGAL RESPONSIBILITY OF MAKING OR
EXECUTING AFFIDAVITS
An affidavit is a legal document that is vey similar to a witness’s
sworn testimony in a court of law.
Prior to giving testimony, a witness in a trial must swear that what
they are about so say is true and correct under the penalty of perjury. An
affidavit carries the same penalty of perjury, only it is used to attest
to things outside of the courtroom.
The crime of perjury is committed by any person who shall
knowingly make untruthful statements or make an affidavit, upon any
material matter and required by law.
ELEMENTS:

 That an accused made a statement under oath


ARTICLE 183. or made an affidavit
upon a material matter;
FALSE
That the statement or affidavit was made
TESTIMONY IN
before a competent officer, authorized to receive
OTHER CASES and administer oath;
AND PERJURY IN Thatin that statement or affidavit, the
SOLEMN accused madea willful and
AFFIRMATION deliberate assertion of a falsehood; and
That the sworn statement or affidavit
containing the falsity is required by law.
Two (2) Ways Of Committing
Perjury:

• by falsely testifying under oath


• by making a false statement
PARTS OF AN AFFIDAVIT
VENUE: the place where the affidavit was taken. This will show
whatever the official administering the oath of affirmation has acted
within this jurisdiction

BODY: The facts stated in the body of an affidavit must be stated


positively, and not merely a matter if belief, by one who has actual
knowledge of the fact and its allegations should be full, certain and exact.

SIGNATURE OF THE AFFIANT AND THE JURAT: The proper place


the signature is below the body of the affidavit. JURAT is that part of an
affidavit in which the officer certifies that the instrument was sworn to
before him
SCILICET/SUBSCIPSI (SS)

Is used to particularize a general “SS”


statement. literally means “more particularly”

Example:
Republic of the Philippines, SS, City of Pasig means:
In the Republic of the Philippines, more particularly in the
City of Pasig.

You might also like