This Deed of Sale with Right of Repurchase, made and executed by and between:
KLAY MALIGON, Filipino, of legal age, single with residence at Pob. Kalibo, Aklan, Philippines, hereinafter referred to as the VENDOR;
- and -
ANTONYA MASIGON, Filipino, of legal age, single, and with residence at New Buswang, Kalibo, Aklan, Philippines, hereinafter referred to as the VENDEE;
WITNESSETH; That:
WHEREAS, the VENDOR is the true and absolute owner of a certain parcel of land covered by Transfer Certificate of Title No. 282-78328, situated in Toting Reyes. St. Kalibo, Aklan, and more particularly described as follows:
(Technical Description of Property)
NOW, THEREFORE, for and in consideration of the amount of PESOS (P100,000), Philippine Currency, receipt of which is hereby acknowledged by the VENDOR to his full and complete satisfaction, the VENDOR does hereby SELL, TRANSFER, and CONVEY under PACTO DE RETRO unto the said VENDEE, his heirs, successors and assigns, the above- described parcel of land, free from any and all liens and encumbrances;
That the VENDOR, in executing this assignment and conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in accepting the same, hereby obligates himself to RESELL, RETRANSFER, and RECONVEY, the above-described parcel of land herein conveyed within a period of 2 years from and after the date of this instrument, for the price of Pesos (P100,000), Philippine Currency; Provided, however, that if the VENDOR shall fail to exercise his right to repurchase by fully and completely paying the said price within the period stipulated, then this conveyance shall become ABSOLUTE AND IRREVOCABLE, without necessity of drawing up a new deed of absolute sale.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this 22 nd of March at Pob. Kalibo, Aklan, Philippines.
KLAY MALIGON ANTONYA MASIGON VENDOR VENDEE
SIGNED IN THE PRESENCE OF:
RICARDO MALAYA RUMBERT MOLAY
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) PROVINCE OF AKLAN)SS. X - -- - - - - - - - - - - - - - - - - - - - - -X
BEFORE ME, a Notary Public for and in the Municipality of Kalibo, Philippines this 22 nd of March personally appeared KLAY MALIGON and ANTONYA MASIGON with their LTO Registration no. as follows:
Name of LTO Registration No. Date Issued Place Issued KLAY MALIGON - 28273827382382 ANTONYA MASIGON - 78328763286323
known to me and to me known to be the same person who executed the foregoing instrument and he/she acknowledged to me that the same is his/her own free and voluntary act and deed.
Doc. No. 5; Page No.41 ; Book No. 5 ; Series of 2014.
Robert S. Trippet v. Herbert R. Smith, Glenn E. Wood, and Samuel v. Shaw, Trustees of The Home-Stake Production Company Deferred Compensation Trust, 592 F.2d 1112, 10th Cir. (1979)