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Form no. 21- Deed of Sale of Registered Land under Pacto de retro
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)
Rule 1
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
- 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_____.”
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
- 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
(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;
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.
(1) For the powers thereof, including power to enforce the provisions of the
declarations of restrictions;
(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;
(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.
(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.
- 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:
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.
Extrajudicial Partition:
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.
Pre-Nuptial Agreement:
DEED OF SALE
(Description)
____________________________
(Vendor)
With my consent:
____________________________
(Vendor’s Wife)
__________________________
(Witness)
__________________________
(Witness)
ACKNOWLEDGMENT
FORM NO. 18 DEED OF TRANSFER OF RIGHTS ON REAL PROPERTY
(Description)
____________________________
____________________________
(Original debtor/transferor) (New
debtor/transferee)
____________________________
(Creditor/seller)
____________________________
____________________________
ACKNOWLEDGMENT
FORM NO. 20 DEED OF SALE OF PRIVATE AGRICULTURAL LAND
____________________________
(Signature of Affiant)
JURAT
FORM NO. 21 DEED OF SALE OF REGISTERED LAND UNDER PACTO
DE RETRO
This Deed of Sale with Pacto de Retro made and executed by and between
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:
his title thereto being evidenced by Transfer (or Original) Certificate of Title
No. _____________________ issued by the Register of Deeds of
_____________________;
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
_____ this day ___________ of _________________, 19____ in
___________________, Philippines.
____________________________
____________________________
(Vendor) (Vendee)
____________________________
(Vendor’s Wife)
____________________________
ACKNOWLEDGMENT
FORM NO. 24 SALE OF LAND WITH MORTGAGE
This DEED OF SALE WITH MORTGAGE, made and executed by and between
Witnesseth:
(Description of land)
____________________________
____________________________
(Vendor-Mortgagee) (Vendee-
Mortgagor)
____________________________
ACKNOWLEDGMENT
FORM NO. 25 SALE OF CONDOMINIUM UNIT
- and -
WITNESSETH: THAT
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;
(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;
(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.
(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.
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.
(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.
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.
(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.
BY:
____________________________
____________________________
TAN 2085-930-0 Purchaser
TAN
________________________
_______________________
_____
Purchaser
TAN
________________________
____________________________
____________________________
ACKNOWLEDGMENT
-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 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.
ANNUAL INTEREST:
Shall be 5% of the principal amount.
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
ACKNOWLEDGEMENT
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
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;
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.
____________________________
_______________________________
(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
Witnesseth:
(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.
(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.
(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.
By:
_______________________________
____________________________
___
Purchaser
____________________________
____________________________
ACKNOWLEDGMENT
FORM NO. 32 ANTE-NUPTIAL AGREEMENT
(Marriage Settlement)
ANTE-NUPTIAL AGREEMENT
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 this agreement shall take effect upon the celebration of the marriage.
____________________________
___
(Future Husband)
____________________________
___
(Future Wife)
____________________________
____________________________
ACKNOWLEDGMENT
FORM NO. 33 EXTRAJUDICIAL PARTITION OF REAL ESTATE
PARTITION AGREEMENT
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:
their title thereto being evidenced by Transfer/ Original Certificate of Title No.
____________ of the Registry of Deeds of __________________;
____________________________
_______________________________
(Co-owner) (Co-Owner)
____________________________
____________________________
ACKNOWLEDGMENT
FORM NO. 34 EXTRAJUDICIAL SETTLEMENT OF ESTATE OF
DECEASED PERSON
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 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:
____________________________
_______________________________
(Signature) (Signature)
____________________________
___
(Signature)
Signed in the presence of:
____________________________
____________________________
ACKNOWLEDGMENT
FORM NO. 35 AFFIDAVIT OF ADJUDICATION BY SOLE HEIR OF
ESTATE OF DECEASED PERSON
AFFIDAVIT
(Description)
_______________________________
(Signature of Affiant)
JURAT