Lepiten and Bojos Law Office

Requirement fo PEZA Registration

2011-11-12T12:00:00.001+08:00

ITEnterprises may apply for Philippine Economic Zone Authority (PEZA) registration for availment ofincentives by submitting the following requirements:

Application Form (notarized)
Corporate Profile (including that of parent company, if applicable) which should include:
- Brief company history
- Existing or proposed business activities and projects
- List of affiliated companies registered with PEZA
- List of affiliated companies registered with the Board of Investments (BOI) and copies of the Certificates of Registration with Terms and Conditions and annual reports submitted, if applicable
- Principal officers and biodata
- Audited Financial Statements (for the last 3 years for existing companies)
Certificate of Registration with Securities and Exchange Commission (SEC) and updated Articles of Incorporation
Board Resolution authorizing the filing of application with PEZA and designating the representative(s) authorized to transact registration with PEZA
Project Brief (i.e., Information on Market, Technical, Financial and Management aspects of the project to be registered)

Lawyer Retainer for Nullity of Marriage - sample form

2011-11-12T11:21:00.001+08:00

LEPITEN&BOJOS LAWOFFICE

Partners: Atty. Magdalena M. R. Lepiten and Atty. Anna Fionah L. Bojos

21F Don Pedro Rodriguez St., Capitol Site, Cebu City, Philippines

Tel/Fax.No. (6332) 2548005 Tel. (6332) 4124493 Email:mlepiten@gmail.com

Website:www.lepitenbojos.com

November11,2011

Name of Client

CebuCity

Dear Name of Client,
Our Law Office is willing to render legal services in your behalffor the following purpose/legal problem:

To nullify/annul your marriage by filing a petitionfor declaration of nullity of marriage under Art. 36 of the FamilyCode

I. Attorney’sFees
For the above services, our law office will charge the followingfees:
Acceptance Fee ………………………………….P40,000.00
(This will pay for the preparation of the initiatory pleadingslike the petition and the investigation and data gatheringactivities. This amount cannot be refunded if the lawyer has accepted the case and has already filed the Petition.)
Appearance Fee………………………………….P2,000.00per hour (if case is within Cebu City)

(This will be the attorney’s fees paid every timethe lawyer will attend the hearing in connection with the case. It isexpected that the attorney will appear for at least three hearings (4x 2,000.00 = P8,000.00) for the estimated amount of P8,000.00 )

Subsequent Pleadings/Documents………………P1,000.00 per page

(This will be the attorney’s fees charged everytime the lawyer will submit legal documents/pleadings in connection with thecase and shall be paid upon submission to the court. For a simplecase, the estimated total cost for legal documents/pleadings will reach aboutP30,000.00, it shall be paid as the case progresses. The case maytake one year to two years to finish.)

Processing Fee……………………………………P10,000.00
(Once the Decree of Nullity of Marriage is issued, it will have tobe registered with the Civil Registry and other subsequent activitiesin securing the Finality of Judgment. This will be given only afterthe Decision is released and will be paid only when the favorablejudgment is released.)
Estimated Total Attorney’s Fees – P80,000.00 – P100,000.00
Take note that the above amount is just an estimate.There are various factors which might affect the cost. It canincrease or decrease the amount based on the efficiency of thehandling judge or prosecutor, the intricacies of the individual case,unscheduled holidays and trainings and others. (Please see L&BNotes on Uncertainties of a Case).

Note: Some lawyers will charge by "package deal" from P100,000.00 up to as high as P500,000.00. Based on our experience, it is better that the payment will be done as the case progresses with clear accounting of the amount received. In this way, the client is fully aware of the status and progress of the case. Also, it encourages the lawyer to hasten the proceedings because payment is staggered.

II. OperationalCost ofthe Case
For this kind of cases, the expenses that will be incurred shallbe as follows:
Psychologist’s Fee – P10,000 (for Cebu City only)
Filing Fees – about P6,000.00 (but would depend if there areproperties owned by the couple)
Publication – about P13,000.00 (if there is a need to publishthe summons in the newspaper if it cannot be served personally. Itwill be raffled to any of the local papers. )
Transcript of Records – about P2,000.00 (if there are about two(2) witnesses that will be presented)
Mailing expenses – about P3,000.00
Photocopying expenses – about P4,000.00
Estimated Operational Expenses – P25,000.00 (withoutpublication)
III. InitialPayment
If you are agreeable with the above proposal, it is ourpolicy to require the client to pay an initial payment, as follows:
Acceptance Fee……………………. P40,000.00
Trust Fund for Operational Cost……P10,000.00
Total…………………………………P50,000.00

The Trust Fund for operational cost shall beliquidated and reported to the client from time to time. We will beasking for additional trust fund as we go along. Also, our Law Officewill submit a report the activities undertaken and the progress ofthe case as we go along. For these kind of cases, it is expected tobe finished within one year depending on the various factors like thejudge, the specific circumstances of the case, whether it iscontested or uncontested and others.

IV. PersonalAppearance

The petitioner must appear at least three timesduring the proceedings. The first time is during the investigationfor collusion before the prosecutor. The second instance is duringthe pre-trial of the case and the third is during his/herpresentation as a witness to testify before the court about thecircumstances of his marriage. There are courts that would allow theschedule of these three appearances in between short period of timeso that the petitioner wouldn’t have to go back from time to time.

V. Limitationsof thisProposal inCase Handling

The case referred in this proposal is the case thatwill be filed in the Regional Trial Court. It will not involve thefiling of an appeal, in case the decsion will not be favorable.Another retainer contract will have to be executed between theparties.

VI.Conformity Required
After affixing your signature above your name, this letterproposal will serve as a retainer contract between parties.

Yours truly,

Lepiten & Bojos Law Office
By:

Atty. Magdalena Lepiten

Conforme:

_________________
Name of Client

Cover Letter to PEZA for Registration

2011-11-12T11:04:00.001+08:00

Lepiten&BojosLawOffice

21-FDon Pedro Rodriguez St., Capitol Site, 6000 Cebu City, Philippines

Tel.No. 4124493 Fax No. (6332)- 2548005 Of. Celfone: 09189357310

Website:http://www.lepitenbojos.comE-mail:mlepiten@gmail.com

Date: November 12, 2011

Atty.LiliaB.deLima

DirectorGeneral

PhilippineExportZoneAuthority(PEZA)

AlmedaBldg.,RoxasBlvd.corSanLuisSt.,

PasayCity

MetroManila,Philippines

Tel.No.(02)5519544

RE:APPLICATIONFORPEZAREGISTRATIONFOR Name of Company

DearDirectorGeneral,

Iamthe LegalCounselofName of CompanywhichisapplyingforPEZAregistrationasecozoneITenterprise:

Enclosedarethreecopieseachofthefollowingdocuments:

Application Form
Photocopy of Official Receipt for payment of registration fee (one copy)
Corporate Profile
Certificate of Registration with Securities and Exchange Commission (SEC) and Articles of Incorporation and By Laws.
Board Resolution authorizing the filing of application with PEZA and designating the representative(s) authorized to transact registration with PEZA
Project Brief
Anti Graft Certificate
Undertaking – Child Labor
Undertaking – Imported Equipment
Contract of Lease
Biodata of Key Officers

Ihopeyoufindthedocumentsinorder.

Trulyyours,

Atty.MagdalenaR.Lepiten

CorporateSecretary

How to Check Land Titles

2011-11-11T13:30:00.001+08:00

Before buying any real property, it is good to consult a lawyer first.

Our Law Office has been requested to check if the title of the land/real property is clean and it is therefore safe to buy the property.

Our Law Office usually does the following activities/task to check if the title is clean:

1. Go to the local register of deeds where the land is located and get a certified true copy of the title to see if it is clean (no lien, no mortgage). Also, to ensure that the title is still in the name of the buyer and it has not been transferred to somebody else.

2. Go to the local assessor's office where the land is located and get a copy of the tax declaration, to see if the real property tax has been paid. One can secure a Certificate of Tax Clearance from the local assessor's office. Also, one would know if there are houses or buildings in the lot because there would be tax declarations covering the house or building.

3. Go to the clerk of the civil/criminal court and inquire if the sellers and the property are not involved in any case. If there are cases, then it would be advisable to get a copy of the case and evaluate if it is in any way connected with the property.

4. Go to the barangay and inquire if there are no pending cases involving the land.

It is only after doing the above work, then, there is an assurance that the title is clean.

Sample Agreement on Custody and Support

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AGREEMENT

ON CUSTODY AND SUPPORT

KNOW ALL MEN BY THESE PRESENTS:

Thisagreementisenteredbetween:

Party A, oflegalage,marriedandaresidentofCebuCity,

-and-

Party B,isaFilipino,oflegalage,marriedandaresidentofLapu-lapuCity

Whereas,Partieshaveachildname Child ,bornon_______inCebuCity,

Whereas,partieshaveseparated.

Wherefore,partieshaveagreedonthemattersofsupportandcustodyinconnectionwiththeirchild,asfollows:

I.GUIDINGPRINCIPLES

Inenteringintothisagreement,thepartiesareguidedbythefollowingprinciples:

Best interest of the child – In all decisions involving the children of the parties, the best interest of the child will be the primary consideration.
Good Faith – Both parties will honor the agreement in good faith and assume that both parties are acting in good faith in the implementation of this agreement.
Recognition of each other as co-parents – Both parties recognizes each other as common parents of their child, give respect to their role as parents and will mutually cooperate with each other for the best interest of the children.
Flexibility – Both parties agree to be flexible with regards to the visitation arrangement taking into consideration the developmental stage of the child, her best interest and welfare and the living conditions and personal circumstances of both parents.
Mediation – Both parties agree that in case of disagreement or conflict with any of the terms in this agreement, they will first exert efforts to resolve the conflict through mediation. Court proceedings will be taken only as a last resort. Mediation can be done through lawyer to lawyer or to a third neutral party acceptable to both parties.

II.PARENTING

1.Bothparentsagreetofosteranopenandlovingrelationshipbetweenthechildandtheotherparent;grandparentsandextendedfamily.

2.Sincebothparentshaveseparated,partiesrespectsuchmaritalstatus/circumstanceasseparated,andthattheyagreethattheirroleasparentsarenotlimitedordiminishedbyreasonoftheirbeingseparated.

3.Bothpartiesalsoagreethattheydonotmakeanyderogatory/insultingremarksagainsttheotherparent to the child,neitherwilltheydoorsayanythingtodiscouragethechildfromrelatingwiththeotherparent.Partieswillalsoinformtheirrespectivefamilies,nanniesandcloserelativeandfriendsnottomakeanyderogatoryremarksagainsttheotherparent.

4.Bothpartiesareobligedtoreadandlearnfromvariouspublications,researchandbooksonhowtobeeffectiveparents for separated couple. Inthismanner,thetrauma,impactanddamagedonetothechildcanbeminimizedandshecanberaisedasresponsible,loving,andcaringindividual.

III. CUSTODYANDTRAVEL

Thecustodyofthechildiswiththemotherconsideringthatthechildisundersevenyearsold.Thechildcantravelabroadwiththemother.¹

IV.SUPPORT

Bothpartiesshallprovidethenecessarysupportfortheirchildren.(emotionally,psychologically,morallyandfinancially).Forfinancialsupport,asmuchaspossible,itwillbeequallydividedbetweentheparties,takingintoconsiderationthefinancialcapacityofeachparty.

INWITNESSWHEREOF,partiesherebyaffixedtheirsignaturethis________________,2011,CebuCity,Philippines

Party A

Party B

ACKNOWLEDGMENT

Republic of the Philippines)

City of Cebu) S.S

Beforeme,anotaryintheProvinceandCityofCebu,personallyappearedtheabovenamedpersonswiththeirrespectiveCommunityTaxCertificate/Passport,whois/arepersonallyknowntometobethesameand/oridentifiedthroughcompetentevidenceofidentityasdefinedbyRulesonNotarialPractice,whopresentedtheforegoinginstrumentandsignedtheinstrumentinmypresence,andwhotookanoathbeforemeastosuchinstrument.Theyacknowledgetomethattheexecutionsuchactordeedistheirfreeandvoluntaryact.

Witnessmyhandandsealthis_________,2011.

Doc. No.

Page No.

Book No.

Series of 2011

1Art. 213 of the Family Code – In case of separation of the parents, parental authority shall be exercised by the parent designated by the court. The court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.

No child under seven years of age shall be separated from the mother, unless the court fids compelling reasons to order otherwise.

Sample Proposal for Lawyer Retainer SEC Registration

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Date

Name of Potential Client

PROPOSAL FOR LAWYER RETAINER

Dear Sir,

Here is our proposal for the terms and conditions that would govern our attorney-client relationship should this letter-proposal be approved by you.

A. SEC INCORPORATION

Establishment of a Domestic Corporation – P30,000.00

Expected output: SEC Registration of the Company

Expected Time to Finish: One week to One month from the Submission of the Complete Documents to SEC
B. PEZA REGISTRATION
Registration of the company with PEZA - P30,000.00
Expected output: PEZA Certificate of Registration
Expected time to Finish: One Month - Two Months

C. Monthly Legal Retainer

The law Office shall act as the lawyer retainer and render the following general legal services, as follows:

Legal consultation, advice and render opinion on any actual or anticipatory situation confronting any matter within the normal course of your business.

Notarization on any transaction entered into by the corporation in the course of its business.

Assistance in the preparation of contracts and legal documents needed by the corporation.

Review all contracts, deeds, agreements or any other legal documents to which the corporation is a party signatory but prepared or caused to be prepared by another party.

Atty. Magdalena Lepiten shall act as Corporate Secretary of the corporation

Fee: Monthly retainer of Five Thousand Pesos (P5,000.00) per month

Note: All Operating Cost shall be for the account of the Client.

It is understood that if you are agreeable with our proposal, the incidental cost for the activities that will be undertaken will be for the account of the Company. All money received from the client shall be accounted for and shall be disbursed in accordance with this proposal.

Please inform us through email or fax if you are in conformity with this proposal, after which, this will serve as our agreement. It shall be effective until any party shall give a notice of termination at least 30 days before its effectivity.

LITIGATION AND OTHER LEGAL SERVICES

Litigation and other legal services not covered by the foregoing shall be compensated depending upon the extent of the services rendered, the difficulty of the subject matter involved and in accordance with the Minimum Rates of the current IBP Schedule of Fees. At any rate, it shall be subject to the agreement of both parties on a case to case basis. In all instances, the organization/client shall pay the actual expenses incidental to the filing of the case like the filing fees, fare, photocopying and others.

Yours truly,

Atty. Magdalena Lepiten

Conforme:

Client