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LAST WILL AND TESTAMENT

 
 
KNOW ALL MEN BY THESE PRESENTS:
 
I, JUAN F. DELA CRUZ, Filipino citizen, of legal age, married to MARIA CLARA T. DELA
CRUZ, born on the 14th of May, 1970 , a resident of 23 Tondo Quezon City , being of sound and
disposing mind and memory, and not acting under undue influence or intimidation from
anyone, do hereby declare and proclaim this instrument to be my Last Will and Testament, in
English, the language which I am well conversant. And I hereby declare that:

I. I desire that should I die, it is my wish to be buried according to the rites of the
Roman Catholic Church and interred at our family mausoleum in Manila;

II. To my beloved wife MARIA CLARA T. DELA CRUZ, I give and bequeath the
following property to wit:

Our family home located at 23 Tondo, Quezon City and my 2020 Montero Sport SUV
plate no.CAB-2563;

III. To my esteemed children, CHANTALLE DELA CRUZ and TATIANA DELA CRUZ, I
give and bequeath the following property to wit: vacation house at 34 Mckinley St.
Tagaytay City in equal shares;
  
IV. I hereby designate, my wife, MARIA CLARA T. DELA CRUZ, the executor and
administrator of this Last Will and Testament, and in her incapacity, I name and
designate, my brother, DIEGO DELA CRUZ as her substitute.

V. I hereby direct that the executor and administrator of this Last Will and


Testament or his substitute need not present any bond;

VI. I hereby revoke, set aside and annul any and all of my other will or
testamentary dispositions that I have made, executed, signed or published preceding
this Last Will and Testament.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 11 th day of October, 2020,
in Quezon City, Philippines.
 

_______________________________________       
JUAN F. DELA CRUZ       

ATTESTATION CLAUSE
 
We, the undersigned attesting witnesses, do hereby affirm that the forgoing is the last Will and
Testament of JUAN F. DELA CRUZ and we certify that the testator executed this document
while of sound mind and memory. That the testator signed this document in our presence, at
the bottom of the last page and on the left hand margin of each and every page, and we, in
turn, at the testator's behest have witnessed and signed the same in every page thereof, on the
left margin, in the presence of the testator and of the notary public, this 11 th day of October,
2020 at Quezon City.
 
______________________________                    23 Camias St. Tondo, Manila
ROMEO T. CRUZ                                                                Address                          

______________________________                    517 Pureza, Manila


ROSANNA F. SANTOS                                                         Address                          

______________________________                    46 New York St. Cubao, Quezon City


JOBERT S. MANALASTAS                                                   Address                          

JOINT ACKNOWLEDGMENT
 

BEFORE ME, Notary Public for and in the city of Quezon City, personally appeared:

The testator JUAN F. DELA CRUZ, with CTC No. 256125 issued at Quezon City on November
3, 2020;

Witness, ROMEO T. CRUZ, with CTC No. 589674 issued at Manila on November 5, 2020;

Witness, ROSANNA F. SANTOS, with CTC No. 562896 issued at Manila on November 5, 2020;
 
Witness, JOBERT S. MANALASTAS, with CTC No. 256396 issued at Quezon City on November
6, 2020;
 
all known to me to be the same persons who executed the foregoing Will, the first as testator
and the last three as instrumental witnesses, and they respectively acknowledged to me that
the same as their own free act and deed.

This Last Will and Testament consists of 2 pages, including the page on which this
acknowledgment is written, and has been signed on the left margin of each and every page
thereof by the testator and his witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place above written.
 
Notary Public   

               
Doc. No. 2 ;
Page No. 2 ;
Book No. 1 ;
Series of 2020.
EXTRA JUDICIAL SETTLEMENT OF ESTATE

KNOW ALL MEN BY THESE PRESENTS:

THIS EXTRA JUDICIAL SETTLEMENT OF ESTATE made and entered into by:

JUANITA B. DELA CRUZ, of legal age, Filipino, single and with residence address at 14 ABC
Street, Brgy. XYZ, Quezon City;

JOHN B. DELA CRUZ, 14 years old, Filipino, single and with residence address at 14 ABC Street,
Brgy. XYZ, Quezon City, represented by his mother, Mrs. Juanita Dela Cruz; and

JOAN B. DELA CRUZ, 17 years old, Filipino, single, and with residence address at 14 ABC Street,
Brgy. XYZ, Quezon City, represented by her mother, Mrs. Juanita Dela Cruz;

DECLARE AND MAKE MANIFEST THAT:

1. The above-named are the heirs of the late, JUAN A. DELA CRUZ (the “decedent”), who died on
15 June 2015 at Quezon City, Metro Manila, which was the place of his residence at the time of
his death.

2. The decedent left in the Philippines real and personal properties.

3. The decedent died without any debts and without any will, and the only surviving heirs are
above-mentioned Juanita B. Dela Cruz, John B. Dela Cruz, and Joan B. Dela Cruz.

4. Pursuant to Sec. 1 Rule 74 of the Revised Rules of the Court of the Philippines, the heirs being of
legal age and the minors being represented by their legal guardian, the parties have agreed to
divide and adjudicate equally among themselves, the real and personal properties belonging to
the estate of the decedent.

5. The heirs hereby affirm that they have executed this instrument voluntarily and freely and
without force, intimidation or violence upon their person, that they have hereby received their
just and proper share, and that they have no claim or demand against each other.

IN WITNESS WHEREOF, we hereunto set our hand this 17th day of June 2015 at Quezon City, Metro
Manila.

JOHN B. DELA CRUZ

Represented by:

________________________
________________________
JUANITA B. DELA CRUZ JUANITA B. DELA CRUZ

JOAN B. DELA CRUZ

Represented by:

________________________

JUANITA B. DELA CRUZ

Republic of the Philippines)

Quezon City )S.S.

ACKNOWLEDGEMENT

BEFORE ME, this 17th day of June, 2015, personally appeared:

Name Gov’t Issued ID No. Date/Place Issued

JUANITA B. DELA CRUZ SSS I.D No. 256327 January 3, 2014/ Quezon City

and that they executed the foregoing Extrajudicial Settlement of Estate for the purposes stated therein
and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and place first above.

Doc. No. 5;
Page No. 2;
Book No. 3;
Series of 2015;
DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

That I, JUAN DELA CRUZ, of legal age, married to MARIA CLARA DELA CRUZ with residence address at
143 Mayombo, Dagupan City Pangasinan, hereinafter referred to as the DONOR, and JOHN C.
BATUMBAKAL, likewise of legal age, single with residenc address at 23 Perez St. Dagupan City,
Pangasinan, hereinafter called the DONEE, witnesseth:

That the DONOR is the registered owner of a parcel of land, more particularly described as follows:

“A parcel of agricultural land situated at Lot 2 Poblacion, Dagupan City,


Pangasinan containing an area of One Thousand (1,000) Square Meters, more or less;
bounded on the North by Cecilio Austria; on the East by Barranco; on the South by
Barranco; and on the West by Barranco; covered by Tax Declaration No. 58-969586
of the Assessor’s Office of Dagupan City with an assessed value of P500,000.00”

That the DONEE is a cousin of the DONOR, who has lovingly dedicated five (5) years of his life as the
latter's personal caregiver and companion;

That FOR AND IN CONSIDERATION of the DONEE'S trust, devotion and affection shown to the DONOR,
and as an act of gratitude and liberality on his part, the DONOR hereby voluntarily GIVES, TRANSFERS,
and CONVEYS by way of donation, unto the said DONEE, his heirs and assigns, the above described
property, together with all the improvements found thereon, free from all liens and encumbrances;

That the DONOR affirms that this donation is not made with intent to deceive his creditors, and that he
has reserved for himself sufficient funds and property;

That the DONEE hereby accepts and receives this donation made in his favor by the DONOR, and hereby
manifests his gratefulness for the latter's generosity.

IN WITNESS WHEREOF, both the DONOR & DONEE have hereunder subscribed their names this 12 th day
of November 2020 at Dagupan City, Pangasinan, Philippines.

_________________________ ________________________

DONOR DONEE
WITNESSES:

_________________________ ________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


Dagupan City ) S.S

BEFORE ME, a notary for and in the City of Dagupan, personally appeared:

Name Gov’t Issued ID No. Date/Place Issued

JUAN B. DELA CRUZ SSS I.D No. 256327 January 3, 2020/ Quezon City

known to me and to me known to be the same persons who executed the foregoing Deed of Donation
and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No. 12;


Page No. 5 ;
Book No. 3 ;
Series of 2020.
DEED OF GRANT OF USUFRUCTUARY RIGHTS

This Deed of Grant of Usufructuary Rights (this “Deed”) is entered into this 12 th day of
November 2020, by and between: JUAN DELA CRUZ, Filipino, of legal age, single, and a
resident of 143 Mayombo St. Dagupan City Pangasinan, (together with his
successors and assigns, the “GRANTOR”);

- and –

XYZ Mall, a company licensed and registered under Philippine laws, with legal
address at 3rd Floor, Chatswood Center, AS Fortuna St., Dagupan City, Philippines
(together with his successors and assigns, the “GRANTEE”).

WHEREAS, the Grantor is the registered owner of a parcel of land known as Lot No. 2 covered
by Transfer Certificate of Title No. 514 consisting of 1,000 square meters located at 521
Perez St. Dagupan City, Pangasinan, (the “Property”) and more particularly described as follows;

“A parcel of land situated at Lot 2, 521 Perez St, Dagupan City, Pangasinan
containing an area of One Thousand (1,000) Square Meters, more or less; bounded
on the North by Cecilio Austria; on the East by Barranco; on the South by Barranco;
and on the West by Barranco; covered by Tax Declaration No. 58-969586 of the
Assessor’s Office of Dagupan City with an assessed value of P500,000.00”

WHEREAS, the Grantor desires to give the Grantee the right of usufruct over the Property with
the full right to the use and enjoyment of the Property to the maximum extent provided by law in return
for his assuming the obligation to preserve the Property during the term of the usufruct;

NOW, THEREFORE, for and in consideration of the foregoing premises, and subject to the terms
and conditions stipulated herein, the parties agree as follows:

1. DURATION OF USUFRUCT. The grant of usufructuary rights shall be for a period of thirty (30)
years, starting from the date of execution of this Deed.

2. OBLIGATIONS OF THE GRANTOR. The grant of usufructuary rights by the Grantor to the
Grantee shall be absolute. The Grantee may introduce into the Property any improvements, facilities, or
structures. The Grantor warrants and undertakes that the Grantee shall peaceably hold and enjoy the
full use and possession of the Property for the duration of the usufruct.

3. OBLIGATIONS OF THE GRANTEE. The duties and obligations of Grantee as usufructuary


provided for in the relevant provisions of the New Civil Code of the Philippines are deemed part of the
provisions of this Deed. Upon the termination of the usufruct, any improvements introduced by the
Grantee shall accrue to the Grantor.
4. TAXES AND EXPENSES. All taxes on the Property during the duration of the usufruct shall be
borne by the Grantee.

5. REPRESENTATIONS AND WARRANTIES OF THE GRANTOR.

a. This Deed constitutes the legal, valid and binding obligation of the parties, enforceable in
accordance with its terms.

b. The execution, delivery and performance of this Deed do not and will notviolate any provision
of, or result in a breach of or constitute a default under any law, ordinance, resolution, regulation or
judgment, or violate any agreement binding upon the Grantor.

c. There is no existing adverse claim/s of whatever nature over the Property. To the best of the
Grantor’s knowledge and belief, after due and diligent inquiry, there are no forthcoming adverse claim/s
of whatever nature over the Property.

6. BINDING NATURE. This Deed shall be binding between theparties, their respective
assigns and successors-in-interest.

7. SPECIFIC PERFORMANCE. The parties agree that this Deed shall be enforceable by specific
performance.

IN WITNESS WHEREOF, we have hereunto set our hands this 12 th day of November, 2020 at
Dagupan City Pangasinan, Philippines.

_________________ _________________
Grantor Grantee
ID No. : ID No.:

SIGNED IN THE PRESENCE OF:

_________________________ ___________________________

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Dagupan personally appeared the Parties
exhibiting to me their respective competent evidence of identity, details of which are indicated
below their respective names, known to me to be the same persons who executed the foregoing
Deed of Usufructuary Rights and acknowledged to me that the same is their free and voluntary act
and deed. This instrument consists of two (2) pages, including the page on which this
Acknowledgement is written, signed by the Parties and their instrumental witnesses on each pages.
WITNESS MY HAND AND SEAL this 12th day of November, 2020

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2020
DEED OF ABSOLUTE SALE OF REGISTERED LAND

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

JUAN DELA CRUZ, of legal age, married to MARIA CLARA DELA CRUZ, Filipino, and with
residence and postal address at 143 Mayombo St. Dagupan City, Pangasinan, hereinafter referred to
as the SELLER.

-AND-

ANNIE BATUMBAKAL, Filipino and with residence and postal address at 12 Perez St. Dagupan
City Pangasinan, hereinafter referred to as the BUYER.

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located
at 521 Perez St. Dagupan City, Pangasinan and covered by Transfer Certificate of Title No. 25636
containing a total area of ONE THOUSAND (1,000) SQUARE METERS, more or less, and more
particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 25636

“A parcel of land situated at Lot 2, 521 Perez St, Dagupan City, Pangasinan
containing an area of One Thousand (1,000) Square Meters, more or less; bounded
on the North by Cecilio Austria; on the East by Barranco; on the South by Barranco;
and on the West by Barranco; covered by Tax Declaration No. 58-969586 of the
Assessor’s Office of Dagupan City with an assessed value of P500,000.00”

WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above
mentioned property for the amount of FIVE HUNDRED THOUSAND (P 500,000.00) Philippine
Currency;

NOW THEREFORE, for and in consideration of the sum of FIVE HUNDRED THOUSAND (P
500,000.00) Philippine Currency, hand paid by the vendee to the vendor, the SELLER DO HEREBY
SELL, TRANSFER, and CONVEY by way of Absolute Sale unto the said BUYER, his heirs and assigns,
the certain parcel of land together with all the improvements found thereon, free from all liens and
encumbrances of whatever nature including real estate taxes as of the date of this sale.

JUAN DELA CRUZ ANNIE BATUMBAKAL


Seller Buyer

WITH MARITAL CONSENT:

MARIA CLARA DELA CRUZ JOHN BATUMBAKAL


Name of Seller's Spouse Name of Buyer's Spouse

SIGNED IN THE PRESENCE OF:

__________________________ ____________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


DAGUPAN CITY ) SS.

BEFORE ME, a Notary Public for and in the City of Dagupan, personally appeared:

Name Gov’t Issued ID No. Date/Place Issued

JUAN B. DELA CRUZ SSS I.D No. 256327 January 3, 2020/ Quezon City

ANNIE BATUMBAKAL SSS I.D No. 252614 February 14, 2020/ Dagupan 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 are their free act and voluntary deed.

This instrument, consisting of 2 pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by the concerned parties
and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this 12th day of November, 2020 at Dagupan City.

Notary Public

Doc. No. 2;
Page No. 5;
Book No. 2;
Series of 2020.
CONDITIONAL DEED OF SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is entered into and executed by and between:

JUAN DELA CRUZ, of legal age, married to MARIA CLARA DELA CRUZ, Filipinos, with residence at
143 Mayombo St. Dagupan City, Pangasinan, Philippines, with the authority to sell parcel of land without
improvements are hereinafter referred to as the VENDOR/ TRANSFEROR;

-AND-

ANNIE BATUMBAKAL, of legal age, Filipina, married to JOHN BATUMBAKAL, of legal age, Filipino
and presently residing at 243 Perez St. Dagupan City, Pangasinan, Philippines hereinafter referred to as
VENDEES/ TRANSFEREES.

WITNESSETH:

The VENDORS/ TRANFERORS are the owner of a lot and parcel of land and its improvements as
evidenced by Transfer Certificate Title no: 126359 (Annex “A”) particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 126359

“A parcel of land situated at Lot 2, 521 Perez St, Dagupan City, Pangasinan
containing an area of One Thousand (1,000) Square Meters, more or less; bounded
on the North by Cecilio Austria; on the East by Barranco; on the South by Barranco;
and on the West by Barranco; covered by Tax Declaration No. 58-969586 of the
Assessor’s Office of Dagupan City with an assessed value of P500,000.00”

WHEREAS, the VENDORS desire to sell the aforementioned property and the VENDEES agree and
promises to buy the aforementioned property including the improvements therein.

WHEREAS, the VENDEES are interested to purchase the above described property subject to the
following terms and conditions.

A selling price agreed by both parties is Php 500,000.00.

A down payment of Php 100,000.00 will be paid by the VENDEES to the VENDOR upon execution
of this agreement and the remaining amount will be paid thru post-dated checks and as follows:

Php 100,000.00 on April 1, 2020;


Php 100,000.00 on May 1, 2020;
Php 100,000.00 on June 1, 2020; and
Php 100,000.00 on July 1, 2020.

The initial down payment will be paid by the VENDEES to Vendor’s Authorized representative in
the form of bank check.

The VENDEES will issue four (4) postdated checks in favor of VENDEE’s and/or to his Atty.-in- Fact
upon presentation of latest notarized Special Power of Attorney.

The VENDORS will shoulder all the payments for Capital Gain Tax, Documentary Stamp Tax,
Transfer Tax, Title Processing and other related documents pertaining to Transfer of Ownership.

The VENDORS shall under take to execute the necessary DEED OF ABSOLUTE SALE in favor of
herein VENDEES upon full payment of the above stated purchase price.

That the VENDOR complied with the provisions of ART.1623 of the New Civil Code as well as the
Land Reform Code of the Philippines.

IN WITNESS HEREOF, the parties have hereunto set their hands this 10 TH day of March, 2020 in the
City of Dagupan.

Signed in the presence of:

___________________________ __________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF DAGUPAN ) S.S
x---------------------------------------------x

BEFORE ME, appeared the above stated parties showing their Identification documents as stated
below their names and known to me as the parties who executed this Absolute Deed of Sale and
they acknowledged to me as their free and voluntary act and deed.
This document, consist of three (3) pages including this page where this acknowledgement is
written, with every page thereof duly signed by the parties including their instrumental witnesses, at
the bottom or left margin thereof and seal with notarial seal, refers to a Conditional Deed of Sale of
Real Property.

Witness my hand and seal this 10TH day of March, 2020, Dagupan City, Philippines.

NOTARY PUBLIC
Doc. No: 5 ;
Page No: 6 ;
Book No: 3 ;
Series of 2020.
DEED OF SALE WITH RIGHT TO REPURCHASE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF SALE is made, executed and entered into by:

JUAN DELA CRUZ, of legal age, married to MARIA CLARA DELA CRUZ, Filipino, and with
residence and postal address at 143 Mayombo St. Dagupan City, Pangasinan, hereinafter referred to
as the SELLER.

-AND-

ANNIE BATUMBAKAL, Filipino and with residence and postal address at 12 Perez St. Dagupan
City Pangasinan, hereinafter referred to as the BUYER.

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located
at 521 Perez St. Dagupan City, Pangasinan and covered by Transfer Certificate of Title No. 25636
containing a total area of ONE THOUSAND (1,000) SQUARE METERS, more or less, and more
particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 25636

“A parcel of land situated at Lot 2, 521 Perez St, Dagupan City, Pangasinan
containing an area of One Thousand (1,000) Square Meters, more or less; bounded
on the North by Cecilio Austria; on the East by Barranco; on the South by Barranco;
and on the West by Barranco; covered by Tax Declaration No. 58-969586 of the
Assessor’s Office of Dagupan City with an assessed value of P500,000.00”

WHEREAS, for and in consideration of the sum of FIVE HUNDRED THOUSAND (P 500,000.00)
Philippine Currency, hand paid by the vendee to the vendor, the SELLER DO HEREBY SELL,
TRANSFER, and CONVEY by way of Absolute Sale unto the said BUYER, his heirs and assigns, the
certain parcel of land together with all the improvements found thereon, free from all liens and
encumbrances of whatever nature including real estate taxes as of the date of this sale.

WHEREAS, SELLER reserved the right to repurchase the above mentioned parcel of land
together with the improvements therein within three (3) years from and after the date hereof for the
same price of FIVE HUNDRED THOUSAND (P 500,000.00) Philippine Currency, with the interest of 8%
percent per month to be added to the principal amount.
JUAN DELA CRUZ ANNIE BATUMBAKAL
Seller Buyer

WITH MARITAL CONSENT:

MARIA CLARA DELA CRUZ JOHN BATUMBAKAL


Name of Seller's Spouse Name of Buyer's Spouse

SIGNED IN THE PRESENCE OF:

__________________________ ____________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


DAGUPAN CITY ) SS.

BEFORE ME, a Notary Public for and in the City of Dagupan, personally appeared:

Name Gov’t Issued ID No. Date/Place Issued

JUAN B. DELA CRUZ SSS I.D No. 256327 January 3, 2020/ Quezon City

ANNIE BATUMBAKAL SSS I.D No. 252614 February 14, 2020/ Dagupan 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 are their free act and voluntary deed.

This instrument, consisting of 2 pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by the concerned parties
and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this 12th day of November, 2020 at Dagupan City.

Notary Public

Doc. No. 2;
Page No. 5;
Book No. 2;
Series of 2020.

REAL ESTATE MORTGAGE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Real Estate Mortgage Agreement executed by and between:

JUAN DELA CRUZ, Filipino, of legal age, married and with address at 143 Mayombo St. Dagupan
City, Pangasinan, hereafter called the Debtor/Mortgagor;

– and –

ANNIE BATUMBAKAL, Filipino, of legal age, married, and a resident of 145 Perez St. Dagupan
City, Pangasinan, hereafter called the Creditor/Mortgagee;

W I T N E S S E T H : That –

1. The Property. – The Property subject of this contract is a parcel of land, more particularly
described as follows:

Transfer Certificate Of Title No. 526364


Registry Of Deeds For Dagupan City

“A parcel of land situated at Lot 2, 521 Perez St, Dagupan City, Pangasinan
containing an area of One Thousand (1,000) Square Meters, more or less; bounded
on the North by Cecilio Austria; on the East by Barranco; on the South by Barranco;
and on the West by Barranco; covered by Tax Declaration No. 58-969586 of the
Assessor’s Office of Dagupan City with an assessed value of P500,000.00”

together with all the improvements thereon, herein collectively referred to as the Property.

2. The Loan. – Debtor/Mortgagor has obtained a loan from the Mortgagee in the sum of THREE
HUNDRED THOUSAND PESOS (P300,000.00) subject to the terms and conditions hereunder
prescribed, to wit:

2.1. The loan shall be payable on or before 15 December 2019.

2.2. It shall bear interest at the rate of twelve percent (12%) per annum payable every 15th day
of the month corresponding to the month for which interest is due.

2.3. The amounts due by way of interest payments shall be covered by THREE (3) postdated
checks of P100,000.00 each and the principal loan of P300,000.00 shall also be covered by a
postdated check dated 15 December 2019.
2.4. Failure and/or refusal or the Debtor/Mortgagor to pay two (2) consecutive monthly
interests (or when the checks are dishonored) shall automatically make the principal loan of
P300,000.00 due and demandable, together with the unpaid interest, if any.

3. The Mortgage. – For and in consideration of the loan stated in paragraph 2 hereof and by way
of a security therefor, the Debtor/Mortgagor hereby constitutes a real estate mortgage on the
Property in favor of Creditor/Mortgagee, under the following terms and conditions:

3.1. The mortgage shall secure the payment of the loan, together with the unpaid interest, if any.

3.2. In case the maturity of the loan is extended, upon mutual agreement in writing of the
Parties, this mortgage shall be a continuing security for the obligation/s of the Debtor/Mortgagor
to the Creditor/Mortgagee without the necessity of executing a new contract of real estate
mortgage.

3.3. If the Debtor/Mortgagor shall well pay and/or comply with his all and every obligation
under this Deed, then this mortgage shall cease to have any force and effect. However, if the
Debtor/Mortgagor shall fail and/or refuse, for any reason whatsoever, to fully pay and/or comply
with all or any of his said obligations, then the Creditor/Mortgagee may judicially or
extrajudicially, at his option, foreclose the mortgage on the property in accordance with law.

3.4. In case collection of any amount due under this mortgage agreement is referred to a lawyer
by the Creditor/Mortgagor, the Debtor/Mortgagor is under obligation to pay the former twenty
percent (20%) of the amount due.

4. Expenses. – Expenses for notarial fees shall be for the account of the Debtor/Mortgagor. All
other expenses for the registration with the appropriate office / the Register of Deeds shall be for
the account of the Creditor/Mortgagee.

5. The parties agree that all court actions concerning this Agreement shall be brought before the
proper courts of Dagupan City to the exclusion of any other venue.

6. If anyone or more of the provisions of this Agreement is declared invalid or unenforceable, in


any respect under any applicable law, the validity, legality or enforceability of the remaining
provisions contained herein shall not in any way be affected or impaired.

IN WITNESS whereof, the Parties affixed their signatures this 5 th day of November 2019 in
Dagupan City.

Signed:

(Mortgagor) (Mortgagee)
Signed in the presence of:

_____________________________ ___________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


DAGUPAN CITY ) S.S.
x–––––––––––––––– ––x

BEFORE ME personally appeared:

Name Gov’t Issued ID No. Date/Place Issued

JUAN B. DELA CRUZ SSS I.D No. 256327 January 3, 2020/ Quezon City

ANNIE BATUMBAKAL SSS I.D No. 252614 February 14, 2020/ Dagupan City

presenting their competent evidence of identity, known to me and to me known to be the same
persons who executed the foregoing Real Estate Mortgage Agreement and they acknowledged to me
that the same is their knowing, free and voluntary act and deed.

This document relates to the mortgage of a parcel of land registered under TCT No. 526364 of the
Registry of Deeds for Dagupan City and consists of three (3) pages, including this page, each of which
had been signed by the Parties and their instrumental witnesses.

WITNESS my signature and notarial seal this 5 th day of November, 2020 in Dagupan City.

NOTARY PUBLIC
Doc. No. 2;
Page No. 2;
Book No. 1;
Series of 2019.
CHATTEL MORTGAGE
With AFFIDAVIT OF GOOD FAITH

Know all men by these Presents

I, JUAN DELA CRUZ, of legal age, Filipino, married to MARIA CLARA DELA CRUZ with
postal address at Oas Albay hereinafter known as MORTGAGOR and ELENA DELA PAZ of legal
age, Filipino citizen, single with postal address at Circumferential Road, Legazpi City Albay Philippines,
hereinafter known as the MORTGAGEE;

Witnesseth

That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of ONE
HUNDRED FIFTY THOUSAND (Php 150, 000.00) Philippine Currency, receipt of which is
acknowledged by the MORTGAGOR upon the signing of this instrument, payable within a
period of TWO (2) months, with interest thereon at Php 15,000.00 per month;

That for and in consideration of this indebtedness and to assure the performance of said
obligation to pay, the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE
unto the MORTGAGEE, his heirs and assigns, the following personality:

MAKE/TYPE: FORD MV FILE NO: 1234-00000123456


SERIES: ESCAPE PLATE NO: ZCWJ88
CHASSIS NO: PO98JKGFBD01731 ENGINE NO: L373KK
DENOMINATION: SPORTS UTILITY VEHICLE PISTON DISPLACEMENT: 2900
YEAR MODEL: 2008 BODY TYPE: WAGON
OR NO: 1234567 CR NO: 123456789

That the condition of this obligation is that should the MORTGAGOR perform the
obligation to pay the hereinabove cited indebtedness of ONE HUNDRED FIFTY THOUSAND
(Php 150,000.00) Philippine Currency together with accrued interest thereon, this chattel
mortgage shall once become null and void and of no effect whatsoever, otherwise, it shall remain
in full force and effect.

AFFIDAVIT OF GOOD FAITH


Moreover:

We, the undersigned MORTGAGOR AND MORTGAGEE hereby jointly and severally
swear that we executed the foregoing Chattel Mortgage in order to secure the indebtedness
therein and for no other purpose or purposes contrary to law.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this 13TH day of
November, 2020 at Legazpi City, Philippines.

JUAN DELA CRUZ


MORTGAGOR

Marital Consent:

MARIA CLARA DELA CRUZ

ELENA DELA PAZ


MORTGAGEE

Signed in the presence of:


___________________________________ and __________________________________

ACKNOWLEDGEMENT & JURAT

Republic of the Philippines)


Legazpi City) s.s

BEFORE ME, personally appeared


Valid Identification ID and Number Date and Place Issued
ELENA DELA PAZ PDL No: E02-00-12-3456 December 31, 2019
JUAN DELA CRUZ NPDL No:E02-12-34567 January 11, 2019
NPDL No:E02-12-
MARIA CLARA DELA CRUZ
34567910
January 11, 2019

Known to me and to me known to be same person who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.

Further the above parties subscribed and sworn to before me that the affidavit of good
faith as hereto incorporated in the Mortgage Contract is true and correct of their personal
knowledge.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Doc. No. 11;


Page No. 2 ;
Book No. 3 ;
Series of 2020.

DEED OF RELEASE OF REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

I, JUAN DELA CRUZ, of legal age, Filipino, single, and a resident of 143
Mayombo St. Dagupan City, Philippines,
WITNESSETH:

That I am the Mortgagee in that Deed of


Real Estate Mortgage executed by ANNIE BATUMBAKAL on June 12, 2020
and registered as Doc. No. 23; Page No. 2; Book No. 2; Series of 2020, in
the Notarial Register of Notary Public ALYSSA SESE;

That having this date received the full amount of FIVE HUNDRED


THOUSAND PESOS (P 500,000.00), in Philippine Currency, from the
Mortgagor, which is in full and complete settlement of the obligation secured
by the said mortgage, I do hereby forever RELEASE, DISCHARGE, AND
CANCEL the aforementioned Mortgage, covering the parcel of
land covered by Transfer Certificate of Title No. 256314 of the Registry of
Deeds of Dagupan City, situated in the City of Dagupan, Pangasinan with an
area of ONE THOUSAND (1,000) square meters, more or less.

IN WITNESS WHEREOF, I have hereunto set my hand, this 13TH day


of November, 2020 at Dagupan City Pangasinan, Philippines.

JUAN DELA CRUZ


MORTGAGEE

Signed in the presence of:

_____________________ and ________________________

ACKNOWLEDGEMENT & JURAT

Republic of the Philippines)


Dagupan City ) s.s

BEFORE ME, personally appeared


Valid Identification ID and Number Date and Place
Issued
NPDL No:E02-12-
JUAN DELA CRUZ January 11, 2019
34567

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


foregoing instrument and acknowledged to me that the same is his free and
voluntary act and deed.
Further the affiant subscribed and sworn to before me that the
affidavit of good faith as hereto incorporated in the Mortgage Contract is
true and correct of his personal knowledge.

WITNESS MY HAND AND SEAL, on the date and place first above
written.

NOTARY PUBLIC
Doc. No. 11;
Page No. 2 ;
Book No. 3 ;
Series of 2020.

CONTRACT OF PLEDGE

BE IT KNOWN, for value received, JUAN DELA CRUZ of 143 Mayombo St. Dagupan City,
Pangasinan, hereinafter, referred to as PLEDGOR, hereby deposits, delivers to and pledges with
ANNIE BATUMBAKAL of 34 Perez St. Dagupan City hereinafter referred to as PLEDGEE, as
collateral security to secure the payment of the contract of loan entered into by JUAN DELA
CRUZ, in the amount of THREE HUNDRED TOUSAND PESOS (P300,000.00).
The collateral consisting of the following personal property:

It is further agreed that:


1. The Pledgor warrants that it has good title to the pledged collateral, full authority to
pledge same and that said collateral is free of any adverse lien, encumbrance or adverse
claim.
MAKE/TYPE: FORD MV FILE NO: 1234-00000123456
SERIES: ESCAPE PLATE NO: ZCWJ88
CHASSIS NO: PO98JKGFBD01731 ENGINE NO: L373KK
DENOMINATION: SPORTS UTILITY VEHICLE PISTON DISPLACEMENT: 2900
YEAR MODEL: 2008 BODY TYPE: WAGON
OR NO: 1234567 CR NO: 123456789

2. Pledgee shall have no liability for loss, destruction or casualty to the collateral unless
caused by its own negligence, or the negligence of any assignee.

3. The Pledgor shall pay any and all insurance it elects to maintain, or the Pledgee
reasonably requires on the pledged collateral and shall pay any personal property,
excise or other tax or levy.

4. Pledgee may assign or transfer said debt and pledged collateral hereunder to any third
party.

5. Upon default of payment of the debt or breach of this pledge agreement, the Pledgee or
holder shall have full rights to foreclose on the pledged collateral and exercise its rights
as a secured party pursuant to Article 9 of the Uniform Commercial Code; said rights
being cumulative with any other rights the Pledgee or holder may have against the
Pledgor.

The Pledgor understand that upon foreclosure the pledged property may be sold at
public auction or private sale. The Pledgor shall be provided reasonable notice of any
said intended sale and the Pledgor shall have full rights to redeem said collateral at any
time prior to said sale upon payment of the balance due hereunder together with
accrued fees and expenses of collection. In the event the collateral shall be sold for less
than the amount then owing, the Pledgor shall be liable for any deficiency.
Upon payment of the obligation for which the property is pledged, the property shall be
returned to the Pledgor and this pledge agreement shall be terminated.

This pledge agreement shall be binding upon and inure to the benefit of the parties.
Their successors, assigns and personal representatives.

Upon default the Pledgor shall pay all reasonable attorneys’ fees and cost of collection.

Signed this 17th day of November 2020 at Dagupan City, Pangasinan.

JUAN DELA CRUZ ANNIE BATUMBAKAL


PLEDGOR PLEDGEE

CONTRACT OF GUARANTY

We, JUAN DELA CRUZ and MARIA DE LEON, residing at 34 Mayombo St.
Dagupan City, Pangasinan and 87 Perez St. Dagupan City, Pangasinan (henceforth Guarantors),
do herewith personally guarantee the due performance of ANNIE BATUMBAKAL with regard
to a contract (hereinafter Contract) between and by ANNIE BATUMBAKAL and TATIANA
SANTOS.

In the event that ANNIE BATUMBAKAL fails to make payments to TATIANA


SANTOS, or fails to discharge according to the said Contract between the two parties, the
Guarantor do hereby guarantee to make full payment to TATIANA SANTOS in the same way
as if they were the original entities of the said Agreement.

And likewise, the Guarantor do now empower and authorize an attorney of any court of
law in the City of Dagupan or anywhere else to appear for and also enter judgment against any of
us, or both of us. The judgment will be done in favor of TATIANA SANTOS for any
outstanding amount under the Contract plus interest with the release of errors, suit expenses,
without delay of execution.

IN WITNESS WHEREOF, I have hereunto set my hand, this 13 TH day


of November, 2020 at Dagupan City Pangasinan, Philippines.

JUAN DELA CRUZ MARIA DE LEON


GUARANTOR GUARANTOR

Signed in the presence of:

_____________________ and ________________________

ACKNOWLEDGEMENT & JURAT

Republic of the Philippines)


Dagupan City ) s.s

BEFORE ME, personally appeared


Valid Identification ID and Number Date and Place
Issued
NPDL No:E02-12-
JUAN DELA CRUZ January 11, 2019
34567
MARIA DE LEON PRC ID. 25641 March 2,2018
Known to me and to me known to be same person who executed the
foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.

Further the above parties subscribed and sworn to before me that the
affidavit of good faith as hereto incorporated in the Contract of Guaranty is
true and correct of their personal knowledge.

WITNESS MY HAND AND SEAL, on the date and place first above
written.

NOTARY PUBLIC
Doc. No. 11;
Page No. 2 ;
Book No. 3 ;
Series of 2020.

CONTRACT OF ANTICHRESIS

KNOW ALL MEN BY THESE PRESENTS:

This ANTICHRESIS CONTRACT is made and executed at the City of


Manila, this 13th day of August, 2020, 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;

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)


City of MANILA ) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued


ANNIE BATUNGBAKAL 03080902 May 07, 2019/ 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 pages,
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. 12;
Page No. 2 ;
Book No. 2 ;
Series of 2020.

CONTRACT OF LEASE WITH RIGHT OF FIRST REFUSAL


KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF LEASE is made and executed at Dagupan City, this 17 th day of November,
2020 by and between:
JUAN DELA CRUZ of legal age, single, Filipino and with residence and postal address at
143 Mayombo St. Dagupan City, hereinafter referred to as the LESSOR.

-AND-

ANNIE CRUZ, Filipino and with residence and postal address at 75 Perez St. Dagupan
City, hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at
76 Galvan St. Dagupan City;
WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing
to lease the same;
NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto
the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to
the following:
TERMS AND CONDITIONS

1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for
residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed
that if at any time the premises are used for other purposes, the LESSOR shall have the right to
rescind this contract without prejudice to its other rights under the law.
2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its
expiration, this lease may be renewed under such terms and conditions as my be mutually
agreed upon by both parties, written notice of intention to renew the lease shall be served to
the LESSOR not later than seven (7) days prior to the expiry date of the period herein agreed
upon.
3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS: AMOUNT
IN WORDS (P 00,000.00), Philippine Currency. All rental payments shall be payable to the
LESSOR.
4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior
to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of PESOS:
AMOUNT IN WORDS (P 00,000.00), Philippine Currency. wherein the two (2) months deposit
shall be applied as rent for the 11th and 12th months and the remaining one (1) month deposit
shall answer partially for damages and any other obligations, for utilities such as Water,
Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the
provision of this contract.
5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as
when the checks are dishonored, the LESSOR at its option may terminate this contract and eject
the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in default of
payment for One (1) month and may forfeit whatever rental deposit or advances have been
given by the LESSEE.
6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased
premises to be occupied in whole or in part by any person, form or corporation, neither shall
the LESSEE assign its rights hereunder to any other person or entity and no right of interest
thereto or therein shall be conferred on or vested in anyone by the LESSEE without the
LESSOR'S written approval.
7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water, Internet,
association dues and other public services and utilities during the duration of the lease.
8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or
damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen
disabling cause of acts of God, as to render the leased premises during the term substantially
unfit for use and occupation of the LESSEE, then this lease contract may be terminated without
compensation by the LESSOR or by the LESSEE by notice in writing to the other.
9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice
to the LESSEE shall have the right to enter the premises in the presence of the LESSEE or its
representative at any reasonable hour to examine the same or make repairs therein or for the
operation and maintenance of the building or to exhibit the leased premises to prospective
LESSEE, or for any other lawful purposes which it may deem necessary.
10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof,
as herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all
corresponding keys and in as good and tenable condition as the same is now, ordinary wear and
tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Non-
compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the
latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay
rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE
shall have complied with the terms hereof. The same penalty shall be imposed in case the
LESSEE fails to leave the premises after the expiration of this Contract of Lease or termination
for any reason whatsoever.
11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief
against the other, the losing party shall pay an amount of One Hundred (100) % of the amount
clamed in the complaint as attorney's fees which shall in no case be less than P50,000.00 pesos
in addition to other cost and damages which the said party may be entitled to under the law.
12. RIGHT OF FIRST REFUSAL:
12.1. NOTICE REQUIREMENTS. During the term of the Agreement, before Lessor may
sell the Premises to a third party, Lessor shall first offer the Premises to Lessee following the
procedures set forth in this Section. Lessee shall have fifteen (15) days following the date Lessor
first presents Lessee such offer to decide whether to try to negotiate an agreement for the
purchase of the Premises from Lessor. If Lessee desires to try to negotiate such an agreement,
Lessee shall, within said 15 day period, deliver to Lessor written notice thereof. Promptly after
receipt of such notice, the parties shall commence good faith negotiations exclusively with each
other for a period not to exceed 90 days after the date Lessee gives the requisite notice to
Lessor.

12.2. NEGOTIATIONS. If Lessor does not receive said notice within said 15-day period, or
if Lessor receives said notice within said period but Lessor and Lessee do not enter into a legally
binding, written agreement for the purchase and sale of the Premises within said 90-day period,
Lessor shall be free to enter into an agreement with a third party on terms no more favorable
to the third party than Lessor offered to Lessee.

12.3. EXPIRATION. If Lessor does not enter into a legally binding, written agreement
with a third party within the 90 day period, Lessor’s right to sell the Premises to a third party
shall expire and the procedure described in this Section shall be applicable again, and Lessor,
prior to selling the Premises to a third party, shall first offer to try to negotiate the sale of the
Premises to Lessee. Upon each repetition of this procedure, notice shall once again be due.

13. This CONTRACT OF LEASE 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.
JUAN DELA CRUZ ANNIE CRUZ
LESSOR LESSEE

Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


Dagupan City ) S.S

BEFORE ME, personally appeared:

Name Government I.D. Date/Place Issued

JUAN DELA CRUZ Driver’s License No. 27764 February 24, 2020 /Cavite City

ANNIE CRUZ Driver’s License No. 56688 January 07, 2020/ Makati 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 4 pages, 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 and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No. 4;
Page No. 6;
Book No. 9;
Series of 2020.

AGREEMENT FOR AN EASEMENT OF RIGHT OF WAY

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this 17th day of
November, 2020 by and between JUAN DELA CRUZ, owner of the dominant estate, of legal age,
single and a resident of 143 Mayombo St. Dagupan City and ANNIE DE LEON, owner of the
servient estate, also of legal age, single and a resident of 67 Perez St. Dagupan City witnesseth:

That JUAN DELA CRUZ is the owner of a parcel of agricultural land located in the City of
Dagupan, province of Pangasinan, and more particularly described as follows, to wit:

Transfer Certificate Of Title No. 574884

“A parcel of land situated at Lot 2, 521 Perez St, Dagupan City,


Pangasinan containing an area of One Thousand (1,000) Square Meters, more
or less; bounded on the North by Cecilio Austria; on the East by Annie De Leon;
on the South by Barranco; and on the West by Barranco; covered by Tax
Declaration No. 58-969586 of the Assessor’s Office of Dagupan City with an
assessed value of P500,000.00”

which property is covered by T.C.T. No. 574884 of the Register of Deeds of Dagupan City,
province of Dagupan City, which lot is adjacent to ANNIE DELEON’S property, and more
particularly described as follows, to wit:

Transfer Certificate Of Title No. 3823992

“A parcel of land situated at Lot 1, 523 Perez St, Dagupan City,


Pangasinan containing an area of One Thousand (500) Square Meters, more
or less; bounded on the North by Cecilio Austria; on the East by Barranco; on
the South by Barranco; and on the West by Juan Dela Cruz; covered by Tax
Declaration No. 58-694565 of the Assessor’s Office of Dagupan City with an
assessed value of P250,000.00”
which property is covered by T.C.T. No. 3823992 of the Register of Deeds of Dagupan City,
province of Pangasinan.

That JUAN DELA CRUZ in order to have an access to and from, and to cultivate the
above-mentioned land, and so as to have an outlet to Galvan Road, 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 ANNIE DE LEON’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 ANNIE DE
LEON’S property is necessary for the use of JUAN DELA CRUZ 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 ONE HUNDRED THOUSAND PESOS
(P100,000.00) the receipt whereof is hereby acknowledged by ANNIE DE LEON, the latter
agrees and permits JUAN DELA CRUZ to have a permanent easement of right of way over the
above-mentioned property of said ANIE DE LEON 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 ANNIE DE LEON shall deliver unto JUAN DELA CRUZ 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 City of Dagupan, province of Pangasinan, Philippines.

__________________________ __________________________
(Signature of owner of the (Signature of owner of
dominant estate) servient estate)

SIGNED IN THE PRESENCE OF:

__________________________ ___________________________
ACKNOWLEDGMENT

Republic of the Philippines)


Dagupan City ) S.S

BEFORE ME, personally appeared:

Name Government I.D. Date/Place Issued

JUAN DELA CRUZ Driver’s License No. 27764 February 24, 2020 /Cavite City

ANNIE DE LEON Driver’s License No. 56688 January 07, 2020/ Makati 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 3 pages, 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 and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No. 4;
Page No. 6;
Book No. 9;
Series of 2020.
DEED OF ASSIGNMENT OF RIGHTS WITH ASSUMPTION OF MORTGAGE
 
 
KNOW ALL MEN BY THIS PRESENTS:
 
        This DEED OF ASSIGNMENT OF RIGHTS WITH ASSUMPTION OF MORTGAGE, made and
entered into this 17th day of November, 2020 at the City of Manila, by and between:
 
JUAN DE LA CRUZ, Filipino Citizen, of legal age, married to Juanita de la Cruz
with residence and postal address at 1234 Oak Lane, Standard Subdivision, Quezon
City, hereinafter referred to as the "ASSIGNOR"
 
-and-
 
PEDRO SAN JUAN, Filipino Citizen, of legal age, married to Patricia San Juan
with residence and postal address at 123A Somerville Plaza Tower,
5678 Mahogany Avenue, Manila, hereinafter referred to as the "ASSIGNEE".
 
WITNESSETH that -
 
        WHEREAS the ASSIGNOR is the buyer of a 2-bedroom unit, located at 18C, Grand Towers
Condominium, 234 Taft Avenue, Manila, with an area of SEVENTY EIGHT (78) SQUARE METERS
more or less, covered by Condominium Certificate Title No. 98765 of the register of Deeds of
Manila, registered in the name of the Bank of the Philippine Islands.;
 
        WHEREAS, the ASSIGNOR has offered to assign all his rights, title and interest over the
above unit, as referred in said Contract to Sell and the ASSIGNEE hereby accepts the assignment
in accordance with the terms herein set forth;
 
        NOW, THEREFORE, for and in consideration of the foregoing premises and the sum of ONE
MILLION PESOS (1,000,000.00), PHILIPPINE CURRENCY, which the ASSIGNOR hereby
acknowledged to have received from the ASSIGNEE, the ASSIGNOR hereby assigns, transfers
and conveys unto the ASSIGNEE, all his rights, title and interest to the aforementioned property
and appurtenant interest in the Condominium project pursuant to this Agreement and the
ASSIGNEE by these presents hereby accepts the assignment and agrees to be bound by the
terms and conditions of the Contract to Sell and the rules and regulations, and restrictions
pertaining to the said unit.
 
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and place first
above written.
 
 
 
Juan de la Cruz                             Pedro San Juan
ASSIGNOR                                      ASSIGNEE   
 
Signed in the presence of:
 
 
       __________________________      ___________________________
 

ACKNOWLEDGEMENT
 
Republic of the Philippines)
City of Manila ) S.S
 
BEFORE ME, a notary for and in the City of Manila, personally appeared:
 
          Name                  CTC Number                Date/Place Issued    
 
Juan de la Cruz          00000000            January 15, 2020 / Quezon City
Pedro San Juan           00000000            January 21, 2020/ Manila   
 
known to me and to me known to be the same persons who executed the foregoing Deed of
Assignment of Rights with Assumption of Mortgage and acknowledged to me that the same is
their free and voluntary act and deed.
 
WITNESS MY HAND AND SEAL, on the date and place first above written.
 
 
Notary Public
Doc.  No.______;
Page No. ______;
Book No.______;
Series of 20____.
(Dacion en Pago / Dation in Payment)
DEED OF TRANSFER

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Transfer made and executed by:

JUAN DELA CRUZ, of legal age, Filipino, single and a resident of


143 Mayombo St. Dagupan City, Pangasinan, Philippines,
(hereinafter referred to as the "TRANSFEROR");

- in favor of -

ANNIE CRUZ, of legal age, Filipino, single, and a resident of 43


Perez St. Dagupan City Pangasinan, Philippines, (hereinafter
referred to as the "TRANSFEREE");

WITNESSETH: That -

WHEREAS, the TRANSFEROR has secured a loan from the TRANSFEREE and as security
for the payment thereof, mortgaged a certain parcel of land, together with all the buildings
and/or improvements thereon, the land more particularly described as follows:

Transfer Certificate Of Title No. 526364


Registry Of Deeds For Dagupan City
“A parcel of land situated at Lot 2, 521 Perez St, Dagupan City,
Pangasinan containing an area of One Thousand (1,000) Square Meters, more
or less; bounded on the North by Cecilio Austria; on the East by Barranco; on
the South by Barranco; and on the West by Barranco; covered by Tax
Declaration No. 58-969586 of the Assessor’s Office of Dagupan City with an
assessed value of P500,000.00”

which Real Estate Mortgage is more particularly described as Doc No. 12, Page No. 3, Book No.
2, Series of 2020 in the Notarial Registry of Notary Public, ALYSSA SESE of the Province of
Pangasinan, and incorporated by way of reference as part of this deed.
WHEREAS, in order to settle the said loan, the TRANSFEROR has offered to transfer by
way of dation in payment the above-mentioned property in favor of the TRANSFEREE in full
acquittance of his obligation with the latter, which offer was accepted by the TRANSFEREE.

NOW THEREFORE, for and in consideration of the foregoing stipulations and covenants
and for the full acquittance of the obligation of the TRANSFEROR in favor of the TRANSFEREE
secured by the real estate mortgage aforementioned, the TRANSFEROR does hereby CEDE,
TRANSFER and CONVEY the aforementioned parcel of land together with all the improvements
found thereon in favor of the TRANSFEREE, free from all liens and encumbrances, except those
already annotated prior the registration of the mortgage as aforementioned.

IN WITNESS WHEREOF, the parties have hereunto signed these presents at Dagupan
City, Pangasinan, Philippines, on November 17, 2020

TRANSFEROR TRANSFEREE

SIGNED IN THE PRESENCE OF:

____________________________________

REPUBLIC OF THE PHILIPPINES)


DAGUPAN CITY ) SS.
x------------------------------------x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Dagupan City, personally appeared
JUAN DELA CRUZ with Community Tax Certificate No. 377382 issued on November 3, 2020 at
Dagupan City and ANNIE CRUZ with Community Tax Certificate No. 73823 issued on November
5, 2020 at Dagupan City, personally known to me (or whom I have identified through competent
evidence of identity) and who represented to me that their signature on the foregoing instrument
was voluntarily affixed by them for the purposes stated in the instrument and who declared that
they executed the foregoing instrument as their free and voluntary act and deed.

This Instrument consists of only two (2) pages, including this page in which this
acknowledgment is written, duly signed by JUAN DELA CRUZ and ANNIE CRUZ and their
instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this 17th day of November 2020 at Dagupan City,
Pangasinan, Philippines.
NOTARY PUBLIC

Doc. No. 12;


Page No. 3 ;
Book No. 2 ;
Series of 2020.

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