Republic of the Philippines )

City of __________________ ) S.S.

PROMISE TO WAIVE HEREDITARY RIGHTS AND INTERESTS

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, Article 892 of the Civil Code of the Philippines expressly gives to the
widow or widower “one-fourth of the hereditary estate,” “[i]f only one legitimate
child or descendant of the deceased survives” or “a portion equal to the legitime
of each of the legitimate children or descendants” when “there are two or more
legitimate children or descendants.” Likewise, said provision states that “[i]n
both cases, the legitime of the surviving spouse shall be taken from the portion
that can be freely disposed of by the testator.”

WHEREAS, during the lifetime of the spouses, the right of each to his legitime
coming from the properties of the other spouse is merely inchoate and that, as
such, it cannot be the subject of a valid contract, as specifically proscribed in the
second paragraph of Article 1347 of the Civil Code of the Philippines which
states explicitly that “[n]o contract may be entered into upon future inheritance
except in cases expressly authorized by law.”

WHEREAS, in Atty. Ferrer v. Spouses Diaz (G.R. No. 165300, 23 April 2010), the
Supreme Court ruled that a waiver of inheritance may be considered a contract
upon future inheritance prohibited under the second paragraph of Article 1347,
where the following requisites concur: (1) that the succession has not yet been
opened; (2) that the object of the contract forms part of the inheritance; and (3)
that the promissor has, with respect to the object, an expectancy of a right which
is purely hereditary in nature.

WHEREAS, as part of our pre-nuptial agreement to be executed on ___________,

I, _______________, have agreed to relinquish any hereditary right or interest that
I may have in the properties of my future spouse, __________________, on the
unfortunate chance that I outlive her (i.e. when succession has already opened
and when I am already in possession of a right over such properties).

WHEREFORE, for and in consideration of marriage, I,

_________________________, of legal age, Filipino, single, with residence and
postal address at __________________________, Metro Manila, Philippines, by
virtue of these presents, do hereby UNDERTAKE to WAIVE, and/or
REPUDIATE all of my hereditary rights and interests as a future legitimate
heir/husband of ______________________, on the unfortunate chance that I
outlive her, IN FAVOR OF her parents, Mr. ______________________ and Mrs.
___________________, or in default thereof, Ms. ____________________’s
FUTURE DESCENDANTS, if any.

This undertaking to waive includes all my rights and interests over, but not
limited to, the following:
 (1) My future legitime under Article 892 of the Civil Code of the Philippines;

(2) Any and all testamentary disposition made in my favor by Ms. Elaine Ann
David Floro, if any; and

(3) Any and all proceeds from a policy of life insurance made on the life of
Ms. Elaine Ann David Floro which expressly designates me as beneficiary,
if any.

IN WITNESS WHEREOF, I hereby affix my signature on ____________, at

______________.

_________________________________
Promissor

Republic of the Philippines )

City of __________________ ) S.S.

BEFORE ME, a Notary Public for and in the City of ___________,

Philippines, personally appeared Mr.
__________________________, presenting his ______________, with
serial number _____________, issued in _____________ and valid
until _____________, a competent evidence of identity, known to
me and to me known to be the same person who executed the
foregoing instrument consisting of two (2) pages, including this
page, and acknowledged to me that the same is their free and
voluntary act and deed.

WITNESS MY HAND AND SEAL on the day and in the place above written.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2018