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Legal Forms to be discussed:

Form no. 17- Deed of Sale of Registered Land

Form no. 18- Deed of Transfer of Rights on Real Property

Form no. 20- Deed of Sale of Private Agricultural Land

Form no. 21- Deed of Sale of Registered Land under Pacto de retro

Form no. 24- Sale of Land with Mortgage

Form no. 25 – Sale of Condominium Unit

Form no. 28- Antichresis

Form no. 29 – Easement of Right of Way

Form no. 31- Agreement to Sell Subdivision Lot

Form no. 32- Ante-Nuptial Agreement

Form no. 33- Extrajudicial Partition of Real Estate

Form no. 34 – Extrajudicial Settlement of Estate of Deceased Person

Form no. 35- Affidavit of Adjudication by Sole Heir of Estate of Deceased


Person
Contracts and Acknowledgments:

Contract:

A contract is a meeting of the minds between two persons whereby one agrees
to give something or render some service to another for a consideration. (Art.
1318 of the Civil Code)

Elements of Contract:

There is no contract unless the following requisites concur: (1) consent of the
contracting parties; (2) an object certain which is the subject of the contract;
and (3) the cause of the obligation which is established. (ABS-CBN
Broadcasting Corp. v. Court of Appeals, 301 Scra 572)

Unilateral deed/contract (Applicable to Sales)

- Vendee assumes no obligation


- No need for the vendee or the other party to sign the deed/contract or
for an acknowledgment thereof.

Bilateral Deed/Contract (Applicable to Sales)

- Vendee is obliged to do something.


- Vendee or the other party must sign both the deed and the
acknowledgment.
Operative words to remember:

- Deed of Sale: SELL,TRANSFER AND CONVEY (in case of sale under


pacto de retro, state such a fact with the operative words Repurchase
and resell)
- Deed of Assignment: ASSIGN, TRANSFER AND CONVEY
- Deed of Exchange: CEDE, TRANSFER AND CONVEY
- Deed of Donation: for and in consideration of love and affection
- Power of Attorney: name, constitute and appoint, HEREBY GIVING
AND GRANTING

Cardinal Rules in Drafting Contracts as Legal Documents:

Rule 1

The usual commencement of a contract should be:

“This Agreement: or “An Agreement” or “Articles of Agreement”

Although it is better to state the particular kind of contract or agreement to


be drafted such as “This Mortgage”, “This Contract of Sale”, “This Contract of
Lease”

Rule 2

The full names of the parties, 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.
Example:

- Deed of Conveyance

Name of seller, mortgagor, or grantor must first be stated

- Employment Contract:
Name of employer usually comes first

Rule 3
The principal or operational clauses of the document should be stated in
separate, numbered paragraphs. The purpose is to facilitate ready
reference thereto

Rule 4
Verbosity 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
suspicions 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_____.”

Important Requirements for Specific Deeds/Contracts

Deed

- A deed is a legal instrument used to grant a right. Deeds are oath of the
broader category of documents under seal. Deeds can be described as
contract-like as they require the mutual agreement of more than one
person.

Affidavit

- An affidavit is a formal sworn statement of fact, signed by the declarant


called an affiant and witnessed by a taker of oaths such as a notary
public. The name is Medieval Latin for he has declared upon oath

- Uses of affidavit include: (1) To allow evidence to be gathered from


witnesses or participants who may not be available to testify in person
before the court, or who may otherwise fear for their safety if their true
identities are revealed in court; and (2) To obtain a declaration on a
legal document that the information provided by the applicant is truthful
to the best of the applicant’s knowledge. If, after signing such a
declaration, the information is found to be deliberately untrue with the
intent to deceive, the applicant may face perjury charges.

- If an affidavit is notarized or authenticated, it will also include a caption


with a venue and title in reference to judicial proceedings.

- Affidavits may be written in the first or third person, depending on who


drafted the document.
If in the first person, the document’s component parts are:
1. A commencement which identifies the affiant;
2. The individual averments, almost always numbered as mandated by
law, each one making a separate claim;
3. A conclusion generally stating that everything is true, under penalty
of perjury, fine, or imprisonment; and
4. An attestation, usually a jurat, at the end certifying the affiant made
oath and the date.

Essential parts of an Affidavit:

- The Venue is the designation of the place where the affidavit was taken
to show whether the notary public has acted within his jurisdiction.
- The property must be stated in its particularity (re: technical
description)
-

CHATTEL MORTAGE

It must include an affidavit of good faith.

Sale under the Bulk Sales Law


- It must include an affidavit of vendor stating that at the time of sale, he
had no creditors, or if there was creditor/s, copy of notice to them
regarding the sale. (Sec. 3, Act. 3952, “The Bulk Sales Law”)
-

What shall be deemed to be a sale and transfer in bulk:

- A sale and transfer in bulk is any sale, transfer, mortgage or


assignment:
- 1. Of a stock of goods, wares merchandise, provisions, or materials
otherwise than in the ordinary course of trade and the regular
prosecution of the business of the vendor, mortgagor, transferor, or
assignor; or
- 2. Of all, or substantially all, of the business or trae theretofore
conducted by the vendor, mortgagor, transferor, or assignor, or
- Of all, or substantially all, of the fixtures and equipment used in and
about the business of the vendor, mortgagor, transferor, or assignor.
(Sec. 2, Bulk Sales Law.)

What are exceptions to this rule:

- It will not be deemed a sale and transfer in bulk in contemplation of the


Bulk Sales Law;
1. If such vendor, mortgagor, transferor, or assignor produces and
delivers a written waiver of the provisions of this Act from his
creditors as shown by verified statements (Sec. 2, Bulk Sales Law);
or
2. If such vendor, mortgagor, transferor, or assignor is an executor,
administrator, receiver assignee in insolvency, or public officer,
acting under judicial process. (Sec. 8, Bulk Sales Law.)
Republic Act no. 456 Section 2:

- Every document of transfer or alienation of real property filed with the


Register of Deeds shall be accompanied with an extra copy of the same which
copy shall be transmitted by said officer to the city or provincial assessor,
irrespective of whether said document has been registered or denied
registration: Provided, However, That the failure to furnish the Register of
Deeds with a copy of the document of transfer or alienation referred to in this
section shall not invalidate an otherwise valid agreement.

Republic Act no. 4726, Section 6:

Unless otherwise expressly provided in the enabling or master deed or the


declaration of restrictions, the incidents of a condominium grant are as
follows:

(a) The boundary of the unit granted are the interior surfaces of the perimeter
walls, floors, ceilings, windows and doors thereof. The following are not part
of the unit bearing walls, columns, floors, roofs, foundations and other
common structural elements of the building; lobbies, stairways, hallways, and
other areas of common use, elevator equipment and shafts, central heating,
central refrigeration and central air-conditioning equipment, reservoirs, tanks,
pumps and other central services and facilities, pipes, ducts, flues, chutes,
conduits, wires and other utility installations, wherever located, except the
outlets thereof when located within the unit.

(b) There shall pass with the unit, as an appurtenance thereof, an exclusive
easement for the use of the air space encompassed by the boundaries of the
unit as it exists at any particular time and as the unit may lawfully be altered
or reconstructed from time to time. Such easement shall be automatically
terminated in any air space upon destruction of the unit as to render it
untenantable.

(c) Unless otherwise, provided, the common areas are held in common by the
holders of units, in equal shares, one for each unit.

(d) A non-exclusive easement for ingress, egress and support through the
common areas is appurtenant to each unit and the common areas are subject
to such easements.

(e) Each condominium owner shall have the exclusive right to paint, repaint,
tile, wax, paper or otherwise refinish and decorate the inner surfaces of the
walls, ceilings, floors, windows and doors bounding his own unit.

(f) Each condominium owner shall have the exclusive right to mortgage,
pledge or encumber his condominium and to have the same appraised
independently of the other condominiums but any obligation incurred by such
condominium owner is personal to him.

(g) Each condominium owner has also the absolute right to sell or dispose of
his condominium unless the master deed contains a requirement that the
property be first offered to the condominium owners within a reasonable
period of time before the same is offered to outside parties;

Sec. 9. The owner of a project shall, prior to the conveyance of any


condominium therein, register a declaration of restrictions relating to such
project, which restrictions shall constitute a lien upon each condominium in
the project, and shall insure to and bind all condominium owners in the
project. Such liens, unless otherwise provided, may be enforced by any
condominium owner in the project or by the management body of such
project. The Register of Deeds shall enter and annotate the declaration of
restrictions upon the certificate of title covering the land included within the
project, if the land is patented or registered under the Land Registration or
Cadastral Acts.

The declaration of restrictions shall provide for the management of the project
by anyone of the following management bodies: a condominium corporation,
an association of the condominium owners, a board of governors elected by
condominium owners, or a management agent elected by the owners or by
the board named in the declaration. It shall also provide for voting majorities
quorums, notices, meeting date, and other rules governing such body or
bodies.

Such declaration of restrictions, among other things, may also provide:

(a) As to any such management body;

(1) For the powers thereof, including power to enforce the provisions of the
declarations of restrictions;

(2) For maintenance of insurance policies, insuring condominium owners


against loss by fire, casualty, liability, workmen's compensation and other
insurable risks, and for bonding of the members of any management body;

(3) Provisions for maintenance, utility, gardening and other services benefiting
the common areas, for the employment of personnel necessary for the
operation of the building, and legal, accounting and other professional and
technical services;

(4) For purchase of materials, supplies and the like needed by the common
areas;
(5) For payment of taxes and special assessments which would be a lien upon
the entire project or common areas, and for discharge of any lien or
encumbrance levied against the entire project or the common areas;

(6) For reconstruction of any portion or portions of any damage to or


destruction of the project;

(7) The manner for delegation of its powers;

(8) For entry by its officers and agents into any unit when necessary in
connection with the maintenance or construction for which such body is
responsible;

(9) For a power of attorney to the management body to sell the entire project
for the benefit of all of the owners thereof when partition of the project may
be authorized under Section 8 of this Act, which said power shall be binding
upon all of the condominium owners regardless of whether they assume the
obligations of the restrictions or not.

(b) The manner and procedure for amending such restrictions: Provided, That
the vote of not less than a majority in interest of the owners is obtained.

(c) For independent audit of the accounts of the management body;

(d) For reasonable assessments to meet authorized expenditures, each


condominium unit to be assessed separately for its share of such expenses in
proportion (unless otherwise provided) to its owners fractional interest in any
common areas;

(e) For the subordination of the liens securing such assessments to other liens
either generally or specifically described;
(f) For conditions, other than those provided for in Sections eight and thirteen
of this Act, upon which partition of the project and dissolution of the
condominium corporation may be made. Such right to partition or dissolution
may be conditioned upon failure of the condominium owners to rebuild within
a certain period or upon specified inadequacy of insurance proceeds, or upon
specified percentage of damage to the building, or upon a decision of an
arbitrator, or upon any other reasonable condition.

Extrajudicial Settlement of Estate:

- When a decedent died without a will and without any debts or claims
from creditors or any third party claims, thus, the property of the
decedent may pass upon to the heirs.

What is an Estate:

- An Estate is comprised of the real and personal properties of a decedent.

How is an estate settled:

- An Estate may be settled Judicially or Extrajudicially

Extrajudicial Settlement:

- Extrajudicial means “outside of court”


- The heirs do not have to go to court to partition the properties left by
the decedent
-
Common Requirements for an Extrajudicial Settlement to be valid:

1. The decedent died intestate, i.e., without a valid will;


2. The estate has no outstanding debts at the time of the extrajudicial
settlement;
3. The heir/s are all of age, or the minor heirs are represented by their
judicial guardians or legal representatives;
4. The extrajudicial settlement is made in a public instrument, stipulation
or affidavit duly filed with the Register of Deeds;
5. The fact of such extrajudicial settlement must be published in a
newspaper of general circulation once a week for three (3) consecutive
weeks; and
6. The parties to the extrajudicial settlement shall file a bond with the
Register of Deeds in an amount equivalent to the value of the personal
property involved.

Who may Execute an Extrajudicial Settlement:

1. The Sole Heir. The one and only heir may adjudicate the entire estate
to himself by means of an affidavit (called an “Affidavit of Self-
Adjudication) filed in the Register of Deeds of the place where the
decedent resided.
2. The Heirs Agreeing among themselves. The heirs may divide the estate
among themselves by means of a notarized instrument filed in the
Register of Deeds.
3.

The steps to be followed in the preparation of a Deed of Extrajudicial


Settlement of Estate and Adjudication of Estate to be signed by all of
the heirs, which must contain the following information:
1. That the decedent left no will;
2. That the decedent left no debt;
3. Each heir’s relationship to the decedent (e.g. spouse, son, daughter,
father, mother etc.);
4. That they are the decedent’s only surviving heirs;
5. An enumeration and a brief description of the decedent’s properties,
both real and personal, which the heirs are now dividing among
themselves.

Partition is the separation, division, and assignment of a thing held in


common among those to whom it may belong. (Art.1079 Civil Code)

Extrajudicial Partition:

- The parties may without having letters of authorization, divide the


estate among themselves as they see fir by means of a public
instrument filed in the office of the Register of Deeds and should they
disagree, they may do so in an ordinary action for partition.
- If there be only one heir, he may adjudicate to himself the entire estate
by means of an affidavit filed with the Office of the Register of Deeds.
- Filing of a bond is a condition precedent to the filing of the public
instrument.

Easement of Right of Way:

Article 650 of the Civil Code explicitly states that the easement of right of
way shall be established at the point least prejudicial to the servient estate
and, insofar as consistent with this rule, where the distance from the dominant
estate to a public highway may be the shortest. The criterion of least prejudice
to the servient estate must prevail over the criterion of shortest distance
although this is a matter of judicial appreciation. While shortest distance may
ordinarily imply least prejudice, it is not always so as when there are
permanent structures obstructing the shortest distance; while on the other
hand, the longest distance may be free of obstructions and the easiest or most
convenient to pass through.

By the contract of Antichresis the creditor acquires the right to receive


the fruits of an immovable of
his debtor, with the obligation to apply them to the
payment of the interest, if owing, and thereafter to the principal of his
credit. (Art. 2132 Civil Code)

Pre-Nuptial Agreement:

As a rule, marriage is governed by rules established by law and cannot be


made inoperative by stipulation of the parties. Divorce itself is not recognized
in the Philippines (although Nullity proceedings are common) but there are
provisions for the division of matrimonial property. The parties may enter into
a pre-nuptial agreement to fix their property relations during the marriage
within the limits provided by the Family Code (Article 1, Family Code).

Pre-nuptial agreements are otherwise known as “marriage settlements” under


the Family Code. They are also known as “ante-nuptial contracts”.

When the parties, as future spouses, enter into a pre-nuptial agreement, it is


the binding law between them and the Family Code is supplementary. In the
absence of a pre-nuptial agreement, it is only then that the provisions of the
law and local custom apply. In short, the pre-nuptial agreement takes
precedence in the determination of the property relations between the
husband and the wife. Therefore, the regime of absolute community of
property provided by law in the Family Code is subsidiary to the will of the
future spouses as embodied in their pre-nuptial agreement.

A pre-nuptial agreement is conditional upon the marriage of the parties and


becomes effective from the moment of celebration of the marriage. Therefore,
it is an accessory to the marriage and governed by the same principle of
invariability once entered into by the parties. (PRE-NUPTIAL AGREEMENTS IN
THE PHILIPPINES by Atty. Maria Clara B. Tankeh-Asuncion, Esq.)
FORM NO. 17 DEED OF SALE OF REGISTERED LAND

DEED OF SALE

I, (Full name of vendor),

Filipino, single/married to _________________________, of legal


age, with residence and post-office address at
________________________________________________,

for and in consideration of the sum of


___________________________ PESOS
(₱ ____________), Philippine currency, to me in hand paid by

(Full name of vendee),

Filipino of legal age, with residence and post-office address at


___________________________________________,
do hereby SELL, TRANSFER, and CONVEY, absolutely and
unconditionally, unto the said _____________________________________
his/her heirs and assigns, that certain parcel (or parcels) of land, together
with the buildings and improvements thereon, situated in (city or municipality,
and province), and more particularly described as follows, to wit:

(Description)

of which I am the registered owner in fee simple in accordance with


the Land Registration Act, my title thereto being evidenced by Transfer (or
Original) Certificate of Title No. _______________, issued by the Register of
Deeds of _________________________
It is hereby mutually agreed that the vendee shall bear all the
expenses for the execution and registration of this deed of sale.

IN WITNESS WHEREOF, I have hereunto signed this deed of sale, this


_______ day of ______________, 19___, at (city or municipality),
Philippines.

____________________________
(Vendor)

With my consent:

____________________________
(Vendor’s Wife)

SIGNED IN THE PRESENCE OF:

__________________________
(Witness)

__________________________
(Witness)

ACKNOWLEDGMENT
FORM NO. 18 DEED OF TRANSFER OF RIGHTS ON REAL PROPERTY

DEED OF TRANSFER OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, on ______________, 19___,


_______________________________ (name, of transferor/original debtor)
Filipino, single/married, of legal age, with residence at
______________________________________, purchased on installment
plan, a certain real property from ___________________________ (name of
creditor or seller), more particularly described as follows, to wit:

(Description)

WHEREAS, the conditions of said purchase are stated in a certain deed


of sale, a true copy of which is hereto attached and made an integral part
hereof, as Annex “A";

WHEREAS, at the time of this transfer, the total amount (including


interests) already paid by ______________________ (original debtor)
to___________________ (creditor/seller) is _______________________
PESOS (₱_____________) leaving an unpaid balance of
_____________________________ PESOS (₱_____________);
WHEREAS, ____________________________ (new
debtor/transferee) agrees to substitute the person of
__________________________ (original debtor) in all of the latter’s rights
and obligations in said Annex “A”;

WHEREFORE, for and in consideration of the sum of


_____________________ PESOS (₱_____________), and with the consent
of ____________________________ (creditor/seller), the said
___________________________________ (new debtor/transferee) hereby
agrees to substitute the person of ____________________________
(original debtor) in said Annex "A" and hereby agrees to assume all the
obligations, as well as all of the latter’s rights over the real property above-
described, thereby cancelling, revoking, and rendering of no effect the said
deed of sale, Annex “A", in so far as the original debtor/transferor
_____________________ is concerned.

IN WITNESS WHEREOF, the parties hereto have signed this deed of


transfer this _____ day of __________________, 19____, in the
city/municipality of __________________, province of
___________________________, Philippines.

____________________________
____________________________
(Original debtor/transferor) (New
debtor/transferee)

With my/our consent:

____________________________
(Creditor/seller)

Signed in the presence of:

____________________________

____________________________

ACKNOWLEDGMENT
FORM NO. 20 DEED OF SALE OF PRIVATE AGRICULTURAL LAND

NOTE: In addition to the requisites of law for the due registration of an


ordinary deed of sale of land, a deed of sale of private agricultural land
must conform with the Constitution of the Philippines (Sec. 7, Art. XII,
1987 Const.) which specifically requires that “(S)ave in case of
hereditary succession, no private lands shall be transferred or assigned
except to individuals, corporations, or associations, qualified to acquire
or hold lands of the public domain” — that is, only to Filipino citizens or
to corporations or associations at least 60% of the capital of which is
owned by such citizens. Circular No. 9 of the Dept. of Justice, dated May
5,1937, among other things, requires that the deed of sale, in case the
vendee alleges to be a citizen of the Philippines, must be accompanied
by an affidavit of the vendee stating how and when such citizenship of
the vendee has been acquired; if by naturalization, the certificate of
naturalization or a certified copy thereon must be exhibited to the notary
who shall make a notation of the particulars thereof in the deed;
provided, however, that if the vendee is personally known to the notary
public to be a Filipino citizen, these requirements may be dispensed
with, in which case the notary will recite that fact in the body of the
acknowledgment or elsewhere in the deed. If the vendee is a juridical
person, the deed must state that it has the constitutional right to acquire
public and private lands in the Philippines, and when the deed is to be
registered in the Register of Deeds, it must be accompanied by a
certificate of the Securities and Exchange Commission showing that the
corporation or association is duly registered in his office, and by an
affidavit of the treasurer of the corporation or of the association stating
that not less than 60% of the capital thereof is owned by Filipino
citizens. Such affidavit as required above in the case of an individual,
may be framed as follows, to wit:
AFFIDAVIT

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF ______________)
MUNICIPALITY OF __________) S.S.

I, ________________________, of legal age, single (or married to


_______________________________), resident of
___________________________________, after being sworn in accordance
with law, deposes and says:

That I am the vendee in the sale of the above-described private agricultural


land; That I am a naturalized citizen of the Philippine, by virtue of final decision
of the CFI ___________________________________; on
____________________________ that a certified copy of my certificate of
naturalization is hereto attached as Annex “A”; that I am qualified to acquire
and hold public and private lands in the Philippines.

____________________________
(Signature of Affiant)

JURAT
FORM NO. 21 DEED OF SALE OF REGISTERED LAND UNDER PACTO
DE RETRO

DEED OF SALE UNDER PACTO DE RETRO

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Sale with Pacto de Retro made and executed by and between

(full name of vendor), Filipino, of legal age, single (or married to


_____________________), with residence and post-office address
________________________________________, hereinafter called the
VENDOR, and

(full name of vendee), Filipino, of legal age, single (or married to


_____________________), with residence and post-office address
________________________________________, hereinafter called the
VENDEE, and

Witnesseth:

That the VENDOR is the absolute owner of a certain parcel of land with all
the buildings and improvements thereon, situated in
_______________________, and more particularly described as follows, to
wit:

(Copy description stated in certificate of title),

his title thereto being evidenced by Transfer (or Original) Certificate of Title
No. _____________________ issued by the Register of Deeds of
_____________________;

That the VENDOR, for and in consideration of the sum of


_____________________ PESOS (₱_____________), Philippine currency, to
him in hand paid and receipt whereof is hereby acknowledged, does hereby
SELL, TRANSFER, and CONVEY, under PACTO DE RETRO unto the said
VENDEE, his heirs and assigns, the above-described property with all the
buildings and improvements thereon, free from all liens and encumbrances
whatsoever;
That the VENDOR, in executing this conveyance, hereby reserves the right to
REPITRCHASE, and the VENDEE, in accepting same, hereby obligates himself
to RESELL, the property herein conveyed within a period of
________________ years from and after the date of this instrument, for the
same price of _____________________ PESOS (₱_____________),
Philippine currency: Provided, however, that if the VENDOR shall fail to
exercise his right to repurchase as herein granted within the period stipulated,
then this conveyance shall become absolute and irrevocable, without the
necessity of drawing up a new deed of absolute sale, subject to the
requirements of the law regarding consolidation of ownership of real property.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
_____ this day ___________ of _________________, 19____ in
___________________, Philippines.

____________________________
____________________________
(Vendor) (Vendee)

With my martial consent:

____________________________
(Vendor’s Wife)

Signed in the presence of:


____________________________

____________________________

ACKNOWLEDGMENT
FORM NO. 24 SALE OF LAND WITH MORTGAGE

DEED OF SALE WITH MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF SALE WITH MORTGAGE, made and executed by and between

(Full name of vendor), Filipino, of legal age, single (or married to


_________________), with residence and post-office address at
__________________________, hereinafter called the VENDOR-
MORTGAGEE and

(Full name of vendee), Filipino, of legal age, single (or married to


_______________________), with residence and post-office address at
_________________________________, hereinafter called the VENDEE-
MORTGAGOR.

Witnesseth:

That the VENDOR-MORTGAGEE is the owner in fee simple of a certain


parcel of land together with all the buildings and improvements thereon,
situated in ___________________ his title thereto being evidenced by
Transfer (or Original) Certificate of Title No. ______________ of the Registry
of Deeds of ____________________ which land is more particularly
described as follows, to wit:

(Description of land)

That for and in consideration of the sum of


____________________________ PESOS (₱_____________), Philippine
currency, of which amount the sum of ____________________________
PESOS (₱_____________), has been paid by the VENDEE-MORTGAGOR and
receipt whereof is hereby acknowledged by the VENDOR-MORTGAGEE, the
said VENDOR-MORTGAGEE does hereby SELL. TRANSFER, and CONVEY unto
the said VENDEE- MORTGAGOR the above-described real estate together with
all the buildings and improvements thereon, free from all liens and encum-
brances whatsoever;

That it is hereby agreed and stipulated that the UNPAID BALANCE of


______________________________ PESOS (₱_____________), Philippine
currency, of which amount the sum of ______________________________
PESOS (₱_____________) shall be paid by the VENDEE-MORTGAGOR to the
VENDOR-MORTGAGEE at the latter’s residence, as follows, to wit:

(here state manner of payment)


That, in order to guarantee the fulfillment of the above obligations, the
VENDEE-MORTGAGOR does hereby MORTGAGE unto the VENDOR-
MORTGAGEE, his heirs and assigns, the real estate hereinabove described,
together with all the buildings and improvements thereon, under the express
stipulation that if the said VENDEE- MORTGAGOR shall well and truly pay or
cause to be paid unto the VENDOR-MORTGAGEE the aforesaid obligations,
then this MORTGAGE shall be of no further force and effect; otherwise, the
same shall remain in full force and effect and shall be enforceable in the
manner prescribed by law.

IN WITNESS WHEREOF, the parties hereto have hereunto set their


hands this _____ day of __________, 19_____ in
___________________________, Philippines.

____________________________
____________________________
(Vendor-Mortgagee) (Vendee-
Mortgagor)

Signed in the presence of:


____________________________

____________________________

ACKNOWLEDGMENT
FORM NO. 25 SALE OF CONDOMINIUM UNIT

HOLY GHOST DEVELOPMENT CORPORATION

[Conditional Contract to Sell Condominium Apartment (In process of


construction)]

KNOW ALL MEN BY THESE PRESENTS:

This Contract, made and executed on this _______ day of _______, 19


____ at ____________________________, Philippines, by and between:

HOLY GHOST HILL DEVELOPMENT CORPORATION, a corporation duly


organized and existing under and by virtue of Philippine laws, with principal
office at ______________________________, Philippines, herein
represented by its President, _______________________ and hereinafter
referred to as the “Developer”,

- and -

hereinafter referred to as the “Purchaser";

WITNESSETH: THAT

Whereas, the Developer is the absolute and registered owner of a parcel


of land located at ______________________________, Baguio City,
Philippines with a total area of ___________________________ square
meters, more or less, which are more particularly described in and whose title
is evidenced by Transfer Certificate of Title No. ____________________, of
the Registry of Deeds for the City of Baguio;
Whereas, the Developer intends to set up a condominium project (the
“Project”) on the above-described parcel of land, consisting of
___________________________ apartments or units (the “Unit(s)”), in
accordance with the provisions of Republic Act No. 4726, otherwise known as
the Condominium Act, and pursuant to an instrument dated
________________________ Doc. No. __________ Page No.
_______________ Book No. _________________ Series of
______________________ of the Notarial Register of
_____________________ of ______________________ consisting of a
Master Deed (Part I) and Declaration of Restrictions (Part II), copy of which,
without the annexes, is hereto attached as Exhibit 1 and made an integral part
hereof;

Whereas, the development plans for the Project, including the plans and
specifications of the buildings included in the Project, are set forth in the
Master Deed;

Whereas, the Purchaser desires to buy the Unit(s) described below subject
to the provisions hereinafter set forth;

Now therefore, for and in consideration of the foregoing premises, and the
payment of the purchase price herein below specified, the Developer has
agreed to sell, transfer, and convey to the Purchaser the Unit(s) described
below, subject to the provisions hereinafter set forth, to wit:
1. The Unit(s) Purchased, (a) The Purchaser agrees to buy the
following described Unit(s) or apartment(s) in the Project, and the parking
space described opposite each Unit is hereby assigned and set aside to the
exclusive use of such Unit as a Limited Common Area pursuant to Section
______________________ of the Master Deed;

Description of Units Parking Space

(b) The Units are being sold unfurnished. The equipment and fixtures
shown on the plan are merely for purposes of illustration and shall not be
deemed included in the sale, except for those items specified in the Master
Deed.

2. Price and Terms of Payment. The purchase price of the Unit(s) herein
purchased shall be _______________________________ pesos
(₱_____________), Philippine currency, payable in the following manner;

(a) Down Payment: ₱ ___________________________ equivalent to


________________ % of the purchase price shall be paid upon the signing of
this contract. Any reservation fee paid earlier is hereby considered part of the
down payment received.

(b) Balance: ₱ __________________________, which represents the


balance due on the purchase price, which together with interest at the rate of
____________________ % per month, to be paid in
______________________ (_____________) equal installments of ₱
__________________ per installment, commencing on the 30th day after the
signing of this contract and each of the subsequent installments being payable
every 25th day of each and every month following the payment of the First
installment.

(c) All payments shall be made on or before their respective due dates
without necessity of any demand therefor. Unless otherwise specified in
writing by the Developer, all payments shall be made by the Purchaser to the
Developer through the ___________________. Official receipts will be issued
to the Purchaser based on deposits made in favor of the Developer.

3. Delivery.

(a) The Unit(s) herein purchased shall be completed and delivered to the
Purchaser on or before ____________________________ (________)
months after the signing of this contract. This period excludes any delay
caused by fire, earthquakes, acts of God, the elements, war or civil
disturbances, strikes or other labor disturbances, economic controls making it
impossible or difficult to obtain the necessary materials, acts of third persons,
or other matters, causes, or conditions beyond the control of the Developer.

(b) If the Developer fails to deliver the Unit(s) subject hereof on the due
date, then the Developer agrees to pay the Purchaser interest at the rate of
one (1%) per centum per month on the total principal payments made, and
the Purchaser may withhold his monthly amortization until the Developer has
delivered the Unit.

(c) If the Developer fails to deliver the Unit(s) within ________________


(___________) months after due date, then the Developer agrees to return
to the Purchaser all his/her principal payments, plus the 1% interest per
month thereon, as provided in preceding subparagraph of this section.

(d) Upon completion of the Unit(s) subject hereof, the Developer shall so
notify the Purchaser. The delivery of such notice (which shall be sent to the
Purchaser at the address as hereinabove stated) shall constitute constructive
delivery of the Unit(s) subject hereof to the Purchaser, notwithstanding the
failure of the Purchaser to take actual possession of the Unit(s). From and
after such constructive delivery, all risks of loss or damage to the Unit(s) shall
be covered by the requirements set forth in the Master Deed and the
Declaration of Restrictions.

Section 4. Title to the Unit(s)

Upon full payment by the Purchaser of the full amount of the purchase
price stipulated under Section 2 hereof and otherwise upon full compliance by
the Purchaser of all its obligations herein, the Developer will convey to the
Purchaser all the rights and interest of the former in and to the Unit(s) subject
hereof, together with the interest in the Common Areas and in the
Condominium Corporation appurtenant to such Unit(s). The rights and
interests so conveyed shall be subject to the provisions of the Condominium
Act, the Master Deed, the Declaration of Restrictions, the Articles and By-Laws
of the Condominium Corporation.

Should the Purchaser be a natural person, the Developer shall be


authorized to take out insurance on the life of the Purchaser, the premium to
be paid exclusively by the Developer and the proceeds of which shall be made
applicable to the outstanding balance due the Developer from the Purchaser
with the understanding that should the Purchaser die at anytime during the
existence of the contract, subject to the requirements of the Developer-
Insurer and the compliance of all the obligations of the Purchaser as of the
date of the death the insurance proceeds shall be applied directly to the
outstanding balance due the Developer from the Purchaser and the former
shall, upon receipt of the said balance, transfer to the designated beneficiary
the title to the subject matter hereof. For purposes of the application of this
contingency, the designated beneficiary of the Purchaser is
___________________, whose address is
_____________________________, the Purchaser, reserving to himself the
exclusive right to change beneficiary as and when he should so desire.

Notwithstanding anything to the contrary, in the event that the Purchaser


is not insurable, the Purchaser’s rights and obligations in case of death shall
subsist.

Section 5. Taxes and Assessments.

(a) The Purchaser, in proportion to his unit-holding(s) as specified in the


Master Deed, agrees to pay to the Developer through the
______________________________ without the need of demand, all the
taxes and assessments levied or which may be levied on the land and/or
buildings during the term of this Contract, at least (10) days before they
become due, and in case of failure to do so the Developer may pay said taxes
and assessments which shall be reimbursed by the Purchaser together with
interest at the rate of one (1%) per centum per month. The tax declaration of
the Unit(s) shall remain in the name of the Developer until after the Purchaser
shall have paid all sums of money due to the Developer under the terms of
this agreement.

(b) The Developer is hereby authorized to procure such insurance on the


Building as it may deem necessary for the first year after completion of the
Building. The premiums on such insurance shall be assessed against, all Unit
purchasers in accordance with the By-Laws of the Condominium Corporation.

(c) Documentary stamps, registration fees, taxes and all other expenses
incident to the transfer of title to the Unit(s) herein sold to the Purchaser, shall
be for the account of the Purchaser.

(d) Before transferring title to the Unit(s) subject hereof, the Purchaser
agrees to reimburse the Developer for the Purchaser's pro rata share in
assessments which were advanced by the Developer and to pay for expenses
due herein from the Purchaser.

Section 6. Assignment
This Purchaser may not assign this contract or any right or interest therein
or in the Unit(s) subject hereof, without the prior written consent of the
Developer.

Section 7. Entire Contract.

This contract states the entire agreement between the parties, and the
Developer is not and shall not be bound by any stipulations, representations,
agreements or promises, oral or otherwise, not contained in this contract or
incorporated herein by reference.

Section 8. Incorporation by Reference.

This contract shall be deemed subject to the provisions of the


Condominium Act, the Master Deed, the Declaration of Restrictions, and the
by-laws of the Condominium Corporation.

Section 9. Inflation or Devaluation.

In the event of a material variation in the value of Philippine currency due


to inflation or devaluation, the outstanding balance of the purchase price
herein stipulated shall be adjusted in favor of the Developer so as to reflect
the value of the currency as of the date of the execution of this contract. A
material variation in the value of Philippine currency shall be deemed to exist
when there is a diminution to the extent of 15% in the purchasing power of
the Philippine currency as reflected in the Central Bank of the Philippines
official report or when there is an official devaluation of the currency.

Section 10. Automatic Cancellation of this Agreement.

(a) Should the Purchaser fail to make the payment of any of the monthly
installments together with the interest thereon as agreed herein or of all the
corresponding proportionate obligations or dues for taxes and assessments
levied on the land and the building herein involved during the term of this
contract within thirty (30) days from its due date, this Contract shall, by the
mere fact of non-payment, expire by itself and become null and void without
necessity of notice to the Purchaser or of any judicial declaration to the effect,
and any and all sums of money paid under this contract together with all the
improvements made on the premises shall be considered and become rentals
on the property, and in this event, the Purchaser, should he/she continue in
possession of the Unit(s) herein purchased shall become a mere intruder or
unlawful detainer of the same and may be ejected therefrom by the means
provided by law for trespassers or unlawful detainers. Immediately after the
expiration of the 30-day period provided for in this clause, the Developer shall
be at liberty to dispose of and sell said Unit(s) and its appurtenances to any
interested third person.

The breach by the Purchaser of any of the conditions, restrictions or


obligations contained herein shall have the same effect as non-payment of the
installments of the purchase price.

IN WITNESS WHEREOF, the parties hereto have signed these presents


in the place and on the date first above written.

HOLY GHOST HILL DEVELOPMENT CORPORATION


Developer
TAN 0310-991-5

BY:

____________________________
____________________________
TAN 2085-930-0 Purchaser
TAN
________________________

_______________________
_____
Purchaser

TAN
________________________

Signed in the presence of:

____________________________

____________________________

ACKNOWLEDGMENT

FORM NO. 33 ANTICHRESIS

KNOW ALL MEN BY THESE PRESENTS:

This ANTICHRESIS CONTRACT is made and executed at the City of Manila,


this 13th day of August, 2014, by and between:

ANNIE BATUNGBAKAL, of legal age, single, Filipino, and with residence


and postal address at UNIT 701 THE HILTON TOWERS, BONIFACIO
GLOBAL CITY, TAGUIG, hereinafter referred to as the DEBTOR.

-AND-

TOTOY BIBO, of legal age and with residence and postal address at 1620
THE WALLED CITY EXECUTIVE SUBDIVISION, INTRAMUROS,
MANILA, hereinafter referred to as the CREDITOR.

WITNESSETH; That

WHEREAS, the DEBTOR is the owner of a residential property situated at


1611 Cancer St., Loyola heights Subdivision, Pasig City;

WHEREAS, the CREDITOR acquires the right to receive the fruits of this
property of his debtor, with the obligation to apply them to the payment of
the interest, if owing, and thereafter to the principal of his credit.

NOW THEREFORE, for and in consideration of the foregoing premises, the


DEBTOR and CREDITOR hereby accepts this arrangement subject to the
following:

PRINCIPAL: Below are the PRINCIPAL amounts owed by debtor to the


corresponding creditor respectively, P1,695,000.00 (ONE MILLION SIX
HUNDRED NINETY FIVE PESOS).

ANNUAL INTEREST:
Shall be 5% of the principal amount.

CREDITORS RIGHT OF ENTRY OR ABODE:


The CREDITOR has the right of entry or to live in this property with or
without consent of the DEBTOR unless CREDITOR has been fully paid by the
DEBTOR.

CONTRACT CHANGES OR EXPIRY:


The stipulations of this contract shall only expire or be changed upon mutual
written agreement of both contracting parties.

This contract of Antichresis shall be valid and binding between the parties,
their successors-in-interest, and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date
and place above written.

ANNIE BATUNGBAKAL
TOTOY BIBO

Signed in the presence of:

ENTENG KABISOTE PEDRO


PENDUKO

ACKNOWLEDGEMENT

Republic of the Philippines)


_________________________) S.S

BEFORE ME, personally appeared:

Name CTC Number


Date/Place Issued
ANNIE BATUNGBAKAL 10308090 May 07, 2012/
Manila City
TOTOY BIBO 18009060 March 08,
2014/ Pasig City

Known to me and to me known to be the same persons who executed the


foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.

This instrument consisting of 2 page/s, including the page on which this


acknowledgement is written, has been signed on each and every page
thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______.
FORM NO. 29 EASEMENT OF RIGHT OF WAY

EASEMENT OF RIGHT OF WAY

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this


______ day of ________, 19____ by and between “A”, owner of the dominant
estate, of age, single (or married to _______________________), and
resident of ___________________________, and “B”, owner of the servient
estate, also of age, single (or married to _________________), and resident
of ________________________________ witnesseth:

That “A” is the owner of a parcel of agricultural land located in the


municipality of ___________________, province of
_____________________, and more particularly described as follows, to wit:

(Description of “A’s” property)

which property is covered by T.C.T. No. ________ of the Register of Deeds


of ______________, province of _______________, which lot is adjacent to
“A’s” property, and more particularly described as follows, to wit:

(Description of “B’s” property)

which property is covered by T.C.T. No. _____________ of the Register of


Deeds of the province of _____________________.

That “A” in order to have an access to and from, and to cultivate the
above-mentioned land, and so as to have an outlet to ________________,
which is the nearest public road and least burdensome to the servient estate
and to third persons, it would be necessary for him to pass through “B’s”
property, and for this purpose, a path or passageway of not less than two (2)
meters wide through the whole length of the western side of “B’s” property is
necessary for the use of “A” and for all his needs in cultivating his estate;

That said path or passageway is particularly described in the attached


plan, “Annex A’,

WHEREFORE, for and in consideration of the sum of


_____________________ PESOS (₱_____________) the receipt whereof is
hereby acknowledged by “B”, the latter agrees and permits “A” to have a
permanent easement of right of way over the above-mentioned property of
said “B” limited to not more than two (2) meters wide throughout the whole
length of the western side of said property and as specifically indicated in the
attached plan which is made an integral part of this contract, as “Annex A”.

It is further agreed that “B” shall deliver unto “A” all the necessary
papers, deed, and titles in relation to the servient estate in order to facilitate
the registration of the above-mentioned right of way, in accordance with.

This agreement shall be binding between the parties and upon all their
heirs, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have signed this


agreement the day and the year first above written, in the municipality of
_______________, province of _______________, Philippines.

____________________________
_______________________________
(Signature of owner of dominant) (Signature of owner of
servient estate)
Signed in the presence of:

____________________________

____________________________

ACKNOWLEDGMENT
FORM NO. 31 AGREEMENT TO SELL SUBDIVISION LOT

Contract No. _________________

SAN ANTONIO SUBDIVISION

LAND PURCHASE AGREEMENT

Lot No. ____________ Block No. ____________


Section ____________ Area ____________ Sq. Mts. More or less

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT, executed this _____ day of __________, 19_____ by


and between the San Antonio Subdivision, with offices at No. 10 Kitanlad St.,
Quezon City, Philippines, hereinafter referred to as OWNER, and

_____________________, Filipino, of legal age, single/married to


__________________, with at residence at
___________________________ hereinafter referred to as PURCHASER.

Witnesseth:

That for and in consideration of the sum of


____________________________ PESOS (₱_____________), Philippine
currency, payable in the form hereinafter expressed, has agreed to sell to the
PURCHASER, and the PURCHASER has agreed to buy from the OWNER, a
parcel of land situated in what is known as the SAN ANTONIO SUBDIVISION
situated in _______________________, of which the owmer is the absolute
registered owner in accordance with the LAND REGISTRATION ACT, as
evidenced by TRANSFER CERTIFICATE OF TITLE NO. ____________________
of the land records of ______________ and -------which parcel of land is
known as LOT NO. ___________ BLOCK NO. ___________ SECTION/PHASE
NO. _____________ of the subdivision plan (LRC) PSD NO. _____________
containing an area of __________________________ square meters, more
or less.

The further conditions of the contract, are as follows:

(1) The PURCHASER agrees to pay the OWNER upon execution of this
Contract the sum of ____________________________ PESOS
(₱_____________), as first payment on account of the purchase price and
agrees to pay the balance of ____________________________ PESOS
(₱_____________), at the residence of the OWNER in Quezon City,
Philippines, or such other office as the OWNER may designate in
_________________ equal monthly installments of
_________________________ PESOS (₱_____________), interest being
included on successive monthly balance at ________ % per annum, and
payments to be made on the _____ day of each month hereafter beginning
______________, __________________ 19____.

(2) The PURCHASER obligates himself to reimburse the OWNER for real
estate taxes, special assessments and other charges which may attach against
said parcel of land during the term of this contract.

(3) Title to said parcel of land shall remain in the name of the OWNER
until complete payment by the PURCHASER of all obligations herein stipulated,
at which time the OWNER agrees to execute a final deed of sale in favor of
the PURCHASER and cause the issuance of a certificate of title in the name of
the latter, free from liens and encumbrances except those provided in the
Land Registration Act, those imposed by the authorities, and those contained
in Clauses Nos. (10) and (16) of this agreement. Registration fees and
documentary stamps of the deed of sale shall be paid by the PURCHASER.

(4) Only the PURCHASER shall be allowed for all legal purposes to take
possession of the parcel of land upon payment of the down payment:
Provided, however, that pending the payment of the full price his/her
possession under this agreement shall be only that of a tenant or lessee, and
subject to ejectment proceedings during all the period of this agreement.
(5) In the event that any of the payments as stipulated be not paid when,
where, and as the same become due, it is agreed that sums in arrears shall
bear interest at the rate of TWELVE (12%) per centum per annum payable
monthly from the date on which said sum is due and payable.

(6) If any such payment or payments shall continue in arrears for more
than sixty days, or if the PURCHASER shall violate any of the conditions herein
set forth then the entire unpaid balance due under this contract, with any
interest which may have attached shall at once become due and payable and
shall bear interest at the rate of TWELVE (12%) per centum per annum until
paid, and in such case, the PURCHASER further agrees to pay to the OWNER
a sum equal to ten (10%) per centum of the amount due as attorney’s fees.

(7) In case the PURCHASER fails to comply with any conditions of this
contract and/or fails to pay any monthly installments or any payments herein
agreed upon, the PURCHASER shall be granted a period or periods of grace
which in no case shall exceed (60) days to be counted from the date the
condition is breached, or the said payments ought to have been made, during
which period of grace the PURCHASER must comply with the said condition or
satisfy all due monetary obligations including those which correspond to the
period of grace. OTHERWISE, the Contract shall be automatically cancelled
and rescinded and of no force and effect, and as a consequence thereof, the
OWNER may dispose of the parcels of land covered by this Contract in favor
of other persons, as if this Contract had never been entered into. In case of
the cancellation of this Contract all amounts paid in accordance with this
agreement together with all the improvements introduced in the premises,
shall be considered as rents paid for the use and occupation of the above-
mentioned premises and as payments for the damages suffered by the OWNER
on account of the failure of the PURCHASER to fulfill his part of this Contract
and the PURCHASER hereby renounces all his rights to demand or reclaim the
return of the same and further obligates himself to peacefully vacate the
premises and deliver the same to the OWNER: PROVIDED, HOWEVER, that
any consideration, concession, tolerance or relaxation of any provisions hereof
shall not be interpreted as a renunciation on the part of the OWNER of any of
his rights granted in this CONTRACT.

(8) The PURCHASER agrees not to sell, cede, encumber, mortgage,


transfer or in any other manner affect his rights under this contract without
the express consent of the OWNER in writing until all the stipulations of this
contract shall have been fulfilled.
(9) The term of this agreement is established for the exclusive benefit of
the OWNER and who shall be under no obligation to receive payment of any
installment or any other payment before the same is due. Provided, however,
that the OWNER, in its sole and absolute discretion, may allow the purchaser
to pay the outstanding unpaid capital totally or partially, upon such terms and
conditions as maybe imposed by the OWNER: Provided, furthermore, that in
case the OWNER allows partial payments in advance, such payments will not
relieve the PURCHASER from paying the agreed monthly installments and the
only effect of such partial payments shall be to shorten the term of the
contract. Payment of fractional installments will not be accepted.

(10) The PURCHASER agrees as a further consideration of this contract


that no building except of strong materials not less than ₱10,000.00 shall be
constructed upon the said parcel of land. It must be provided with modern
sanitary installations connected to an approved septic tank.

(11) This Contract shall be obligatory upon the heirs, successors,


administrators, and assigns of the respective parties, PROVIDED that the
death of the PURCHASER shall operate to cancel this contract and forfeit all
his interest therein to the OWNER unless within THREE (3) months from the
death of the purchaser an administrator shall have been appointed by a
competent court and the OWNER notified of such appointment, or unless the
heirs or one of them comply with the terms of this contract without estate
proceedings.

(12) In case an extraordinary inflation or deflation of the currency


stipulated should supervene, the value of the currency at the time of the
establishment of this obligation shall be the basis of payment.

(13) Should the OWNER resort to the Courts of Justice in order to eject the
PURCHASER and/or for the protection of its rights or redress of its grievances,
under this agreement, the PURCHASER agrees to pay to the OWNER, by way
of attorney’s fees, a reasonable sum which in no case shall be less than Five
Hundred Pesos (₱500.00), Philippine currency, if the case is in the Municipal
or Justice of the Peace Court, an additional One Thousand Pesos (₱1,000.00),
Philippine currency, if the case reaches [or is) the Court of First Instance, and
a further sum of Two Thousand Pesos (₱2,000.00), Philippine currency, if it
reaches the Court of Appeals or the Supreme Court, and, in addition, the costs
and expenses of litigation and the damages, actual or consequential, to which
the OWNER may be entitled by law.
Nothing in this section shall be construed as in any way amending the
automatic provisions provided in Clauses Nos. (6) and (7) hereof.

(14) In the event of suit arising from this contract, the parties hereto agree
that the venue of the action shall be in the courts of justice of Quezon City,
Philippines.

(15) That the PURCHASER hereby represents and makes manifest that this
entire agreement has been read and/or translated in a language or dialect
known to and understood by him, her.

(16) The property is subject to a perpetual easement of two (2) meters


within the lot and adjacent to the rear and two sides thereof for the purpose
of inspection, measurements, relocation survey, laying of monuments or of
necessary lines of water, gas, electric power, telephones and other public
services, and the PURCHASER hereby agrees that the OWNER or its
representatives or representatives of public utility entities shall have the right
to enter the property any time for the construction or repair of the above
purpose for which the easement is created and any inconvenience or
disturbance thus caused shall not be a cause for the rescission of this
agreement or for an action for damages.

(17) The parcel of land, subject to this agreement shall be used by the
PURCHASER exclusively for residential purposes and he shall not be entitled
to take or remove soil, stones or gravel from it or from any other lot belonging
to the OWNER nor shall the lot be utilized for poultry or piggery.

(18) The PURCHASER shall do or pay for any filling or any improvements
on the land which maybe required by the Government or other competent
authority, and in case the OWNER is compelled to make such filling or
improvements, the former shall reimburse the OWNER of the cost and
expenses thereby incurred by the latter by paying an initial payment of
TWENTY (20%) per centum of the total cost of the filling or improvements and
paying the balance on equal monthly installments for the remainder of the
term of this agreement, bearing interest over the unpaid balance, at the rate
of TWELVE (12%) per centum per annum. The initial payments shall be due
from the day the filling or improvements has been completed, and the monthly
payments shall commence on the first day of each calendar month thereafter.
Should this contract be cancelled and terminated in accordance with Clause
No. 13 hereof, the filling or any other improvements made, whether totally or
partially paid by the PURCHASER, shall form part of and be attached to the
land and shall become the property of the OWNER without any obligation on
the part of the latter to indemnify the PURCHASER for the cost of the same.

(19) This agreement cancels and supersedes all previous contracts or


agreements, if any, between the parties herein in connection with the parcel
of land subject of this agreement, and it shall not be amended, changed,
modified, novated or in any way altered by repeated acts of tolerance of the
OWNER, as any such amendments, changes, modifications, novations or
alterations shall be valid only if made in writing and signed by both parties to
this agreement.

IN WITNESS WHEREOF, the parties hereto have executed this instrument


at Quezon City. Philippines, on the day, month and year first above written.

SAN ANTONIO SUBDIVISION


Owner

By:

_______________________________

____________________________
___
Purchaser

Signed in the presence of:

____________________________
____________________________

ACKNOWLEDGMENT
FORM NO. 32 ANTE-NUPTIAL AGREEMENT
(Marriage Settlement)

ANTE-NUPTIAL AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This ANTE NUPTIAL AGREEMENT, entered into this day of ______,


19____, by and between ____________________, of age and resident of
_______________________ and ___________________, of age and
resident of ________________________________

Witnesseth:

That the parties hereto are about to enter into a contract of marriage,
tentatively scheduled to take place on
__________________________________;

That they hereby mutually agree that their property relations as future
spouses shall be under the regime of COMPLETE SEPARATION OF PROPERTY
during the marriage;

That all the property, real and personal, now owned or hereafter to be
owned by the future wife, ______________________________, shall remain
to be her own exclusive and separate property, subject to her sole disposition,
administration, and enjoyment; while those of the future husband,
____________________________ shall likewise remain to be his own
absolute ownership, disposition, and administration;

That all earnings from any profession, business, or industry shall likewise
belong to each future spouse;
That each future spouse shall proportionately bear the family expenses,
including the rearing and education of future children that may be begotten
or that may be adopted during the marriage;

That _______________________ (here state other stipulations);

That this agreement shall take effect upon the celebration of the marriage.

IN WITNESS WHEREOF, the parties hereto have signed their names


unto his documents this ____ day of _________, 19_____, in
__________________, Philippines.

____________________________
___
(Future Husband)

____________________________
___
(Future Wife)

Signed in the presence of:

____________________________

____________________________

ACKNOWLEDGMENT
FORM NO. 33 EXTRAJUDICIAL PARTITION OF REAL ESTATE

PARTITION AGREEMENT

This AGREEMENT OF PARTITION, made and entered into by and between:

____________________ of legal age, single (or married to


___________________), residing at
________________________________; and _______________________
of legal age, single (or married to ______________________), residing at
_________________________

WITNESSETH:

WHEREAS, the above-named parties are the registered sole and exclusive
co-owners of that certain parcel of land situated in
__________________________, and more particularly described as follows,
to wit:

(Descript ion of the property)

their title thereto being evidenced by Transfer/ Original Certificate of Title No.
____________ of the Registry of Deeds of __________________;

WHEREAS, it is to the convenience and advantage of the said parties that


the existing community of ownership between them be terminated, and their
respective shares and participation determined by mutual agreement and
adjudication;
WHEREAS, for purposes of this partition agreement, the parties hereto
have caused the above-described property to be subdivided into lots Nos.
___________ and ___________, as per tracing cloth and blueprint plan Psd.
__________________ and technical descriptions, duly approved by the Land
Registration Commission (LRC) which are attached hereto as Annexes “A” and
“B", respectively, and made integral parts of this agreement;

WHEREAS, the parties hereto have mutually and voluntarily agreed, to


partition and adjudicate among themselves their common property as above-
described, in the manner following:

To __________________________, the following lot: (description);

IN WITNESS WHEREOF, the parties hereto have hereunto set their


hands this _____ day of _____, 19_____, in _________________,
Philippines.

____________________________
_______________________________
(Co-owner) (Co-Owner)

Signed in the presence of:

____________________________

____________________________

ACKNOWLEDGMENT
FORM NO. 34 EXTRAJUDICIAL SETTLEMENT OF ESTATE OF
DECEASED PERSON

EXTRAJUDICIAL SETTLEMENT AMONG HEIRS

KNOW ALL MEN BY THESE PRESENTS:

This EXTRAJUDICIAL SETTLEMENT., made and entered into by and among:

_______________ of legal age, single (or married to _________________),


residing at ___________________, ______________________, of legal age,
single (or married to ____________________), residing at
_____________________ of legal age, single (or married to
____________________), residing at _____________________________,

WITNESSETH:

That the above-named parties, all of age, are the legitimate children and
sole heirs of ___________________________, who died in
_______________ on _______________ without any will;

That the said deceased, at the time of his death, left a certain real
property, situated in ______________________________ and more
particularly described as follows, to wit:

(Description)

which real property, is covered by Transfer (or Original) Certificate of Title No.
______________ of the Register of Deeds of ________________;

That no personal properties are involved in this extrajudicial settlement.


That to the best knowledge and information of the parties hereto, the said
deceased left no debts;

That a true copy of this extrajudicial settlement had been published once
a week for three consecutive weeks in _______________________, a
newspaper of general circulation in ____________________, as certified by
the said newspaper hereto attached as Annex “A";

That the parties hereto being all of legal age and with full civil capacity to
contract, hereby by these presents agree to divide and adjudicate, as they
hereby divide and adjudicate, among themselves, the above-described real
estate in the manner following:

To ___ , age ___ , the following: (description);


To ____ , age ___ , the following: (description); and
To ____ , age ___ , the following: (description).

IN WITNESS WHEREOF, the parties hereto have hereunto set their


hands this _____ day of _____, 19_____, in _________________,
Philippines.

____________________________
_______________________________
(Signature) (Signature)

____________________________
___
(Signature)
Signed in the presence of:

____________________________

____________________________

ACKNOWLEDGMENT
FORM NO. 35 AFFIDAVIT OF ADJUDICATION BY SOLE HEIR OF
ESTATE OF DECEASED PERSON

AFFIDAVIT

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF ______________)
MUNICIPALITY OF __________) S.S.

I, ______________________, of legal age, married to


____________________ (or single) and now residing at
________________________________, Philippines, after having been sworn
in accordance with law, depose and say:

1. That I am the only surviving son of one, named


_______________________ who died intestate in the municipality
of _________________, Philippines, on _____________________
as evidenced by Death Certificate issued by the
__________________ hereto attached as ANNEX "A" and made an
integral part of this Affidavit;

2. That said deceased left an estate consisting of a parcel of land


measuring __________________ sq.m., located in the municipality
of __________________, and evidenced by Transfer of Title No.
_________________ of the Registry of Deeds of
____________________;

3. That the said parcel of land is more particularly described as follows,


to wit:

(Description)

4. That said deceased left no debts;


5. That the net value of said estate is not more than three thousand
pesos (₱3,000.00), and is therefore exempt from the estate and
inheritance taxes, as evidenced by a certificate of exemption issued
by the Bureau of Internal Revenue hereto attached as ANNEX “B”
and made an integral part of this affidavit;

6. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby


adjudicate unto myself the above described real estate by means of
this Affidavit and hereby files same with the Register of Deeds of
________________ with the request that said adjudication be
made effective without judicial proceedings as prescribed by the
aforementioned Rules of Court.

IN WITNESS WHEREOF, I have hereunto set my hands this _____ day


of _____, 19_____, in the _________________, Philippines.

_______________________________
(Signature of Affiant)

JURAT

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