NOTARY PUBLIC
My commission expires Dec. 31,
19____
This Instrument, consisting of ____ pages, including the page on which this
acknowledgement is written, has been signed on the left 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
My commission expires Dec. 31,
19____
IN WITNESS WHEREOF, I have hereunto set my hand, the day, year, and
place above written.
NOTARY PUBLIC
My commission expires Dec. 31,
19____
NOTARY PUBLIC
My commission expires Dec. 31,
19____
NOTARY PUBLIC
My commission expires Dec. 31,
19____
(Name of affiant), after being sworn in accordance with law, deposes and
says: That he is the plaintiff in the above-entitled case; that he has caused the
above complaint to be prepared and has read and knows the contents thereof; that
the allegations therein are true oh his own knowledge.
____________________________
(Signature of affiant)
AFFIDAVIT
AFFIDAVIT
That a true copy of the said pacto de retro sale is hereto attached as ANNEX
A;
That pursuant to said deed of sale with pacto de retro, the said vendor
___________________________, should have exercised his right to repurchase the said
property within the period of ______________ years;
That the said period of repurchase has not been extended, either expressly
or impliedly, by affiant vendee a retro;
That by virtue of the said deed of sale with pacto de retro, and by the
failure of the vendor, ________________________ to duly repurchase the property
therein mentioned with the period stipulated, there was consolidated in the affiant,
as vendee a retro, the absolute ownership of the said property;
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of _____,
19___, in the Municipality of ________________, Province of ________________,
Philippines.
____________________________
(Signature of affiant)
JURAT
AFFIDAVIT
That a copy of the above summons and order for publication had been
deposited at the post-office, postage, prepaid, directed to _________________________
by registered mail at _____________________________.
____________________________
(Signature of Editor)
____________________________
(Address)
JURAT
AFFIDAVIT
That a sufficient cause of action exists against the defendant named therein;
That there is no sufficient security for the claim sought to be enforced by the
present action;
That the amount due to the plaintiff in the above-entitled case is as much as
the sum for which an order of attachment is herein sought to be granted, above all
legal counterclaims on the part of the defendant.
____________________________
(Plaintiff)
JURAT
FORM NO. 11 AFFIDAVIT OF ADJUDICATION BY SOLE HEIR OF ESTATE OF DECEASED
PERSON
(See Form No. 40)
____________________________
(Signature of Maker)
____________________________
(Signature of Drawer)
TO: ________________________
(Name of Drawee)
________________________
(Address)
No. ____________________
____________________________
(Signature)
_____________________________
(Philippine currency)
NOTARY PUBLIC
My commission expires Dec. 31,
19____
TO: __________________________
(Name of drawee or indorser)
__________________________
(Address)
Sir: Notice is hereby given at the request of ___________________, the holder of draft
drawn by __________,dated __________________, payable to the order of
________________ for the sum of _____________________ and indorsed (or made, or
drawn, as the case may be) by you, that the same was this day protested for non-
payment (or non-acceptance, as the case may be), and that the holder looks to you
for the payment thereof; and for damages, interests, and costs, said payment (or
acceptance) having been demanded and refused.
NOTARY PUBLIC
My commission expires Dec. 31,
19____
1,000
(This obligation of the acceptor hereof arises out of the purchase of goods from
the drawer.)
____________________________
(Signature)
TO: _____________________________
(Name of drawee or buyer)
(Sgd.) DRAWEE-ACCEPTOR
DEED OF SALE
(Description)
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:
____________________________
(Vendors Wife)
__________________________
(Witness)
__________________________
(Witness)
ACKNOWLEDGMENT
(Description)
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
latters rights and obligations in said Annex A;
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)
____________________________
(Creditor/seller)
____________________________
____________________________
ACKNOWLEDGMENT
DEED OF SALE
(Full name of vendee), Filipino, of legal age, with residence and post-office
address at __________________, DOES HEREBY SELL, TRANSFER, AND CONVEY unto
said
(Full name of vendee), his/her heirs and assigns, that certain parcel (or
parcels) of land, together with all the buildings and improvements thereon
belonging to the vendor and in present possession of _______________________,
situated in _______________, and more particularly described as follows, to wit:
(Description: State nature of each piece of land and its improvements,
situation, boundaries, area in square meters, whether or not the boundaries are
visible on the land by means of monuments or otherwise, and in the affirmative
case, in what they consists; the permanent improvements, if any, existing on the
property; the page number of the assessment of each property for current year or
years when registration is made; the assessed value of the property for the year.)
That it is hereby declared that the boundaries of the foregoing land are
visible by means of ______________________________; that the permanent
improvements existing thereon consist of ____________________________ (If none, state
so); that the land is assessed for the current year at ________________ as per Tax
Declaration No. _________, and the building and/or improvements, at _____________
as per Tax Declaration No. __________________, of the City/Philippine Assessor of
___________________;
The above-described real estate, not having been registered under Act No.
496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register
this instrument under the provisions of Sec. 194 of the Revised Administrative Code,
as amended by Act No. 3344.
IN WITNESS WHEREOF, the parties hereto have signed this deed this _______
day of __________, 19_____ in ___________________________, Philippines.
____________________________ ____________________________
(Vendee) (Vendor)
____________________________
____________________________
ACKNOWLEDGMENT
_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
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)
____________________________
(Vendors Wife)
____________________________
____________________________
ACKNOWLEDGMENT
DEED OF RESALE
Filipino, of legal age, (single or married to _____________), with residence and post-
office address at ____________________________, for and in consideration of the sum of
____________________________ PESOS _(_____________), Philippine currency, to me in
hand paid by
____________________________
(Vendor)
____________________________
(Vendors wife, if any)
____________________________
(Witness)
____________________________
(Witness)
ACKNOWLEDGMENT
DEED OF SALE
(Copy here the description of the portion sold as subdivided as per plan and
technical description of such portion approved and certified by the Bureau of
Lands)
which said parcel of land is a portion of Lot No. ____________, Block No. _____________
of the Cadastral Survey of the ______________________, as described in the Transfer
Certificate of Title No. ____________________ of the Registry of Deeds of
________________, issued in favor of ___________________________;
That the remaining portion of the parcel of land from which the above-described
portion was segregated, is described as follows:
(Copy here the description of the remaining portion as per plan and technical
description approved and certified by the Bureau of Lands.)
IN WITNESS WHEREOF, I have hereunto signed this deed on this day ___________
of _________________, 19____ in ___________________, Philippines.
____________________________
(Vendor)
____________________________
____________________________
ACKNOWLEDGMENT
This DEED OF SALE WITH MORTGAGE, made and executed by and between
Witnesseth:
(Description of land)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____ day of __________, 19_____ in ___________________________, Philippines.
____________________________ ____________________________
(Vendor-Mortgagee) (Vendee-
Mortgagor)
____________________________
____________________________
ACKNOWLEDGMENT
This Contract, made and executed on this _______ day of _______, 19 ____ at
____________________________, Philippines, by and between:
- 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 distur-
bances, 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.
Notwithstanding anything to the contrary, in the event that the Purchaser is not
insurable, the Purchasers rights and obligations in case of death shall subsist.
(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.
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.
(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.
IN WITNESS WHEREOF, the parties hereto have signed these presents in the
place and on the date first above written.
BY:
____________________________ ____________________________
TAN 2085-930-0 Purchaser
TAN ________________________
____________________________
Purchaser
TAN ________________________
____________________________
____________________________
ACKNOWLEDGMENT
DEED OF ASSIGNMENT
This DEED OF ASSIGNMENT, made and executed by and between (full name of
debtor-assignor), Filipino, of legal age, single (or married to _________________), with
residence and post-office address at ___________________________________ hereinafter
called the ASSIGNOR, and (full name of creditor-assignee), Filipino, of legal age,
single (or married to ____________________________) with residence and post-office
address at _________________________________ hereinafter called the ASSIGNEE,
witnesseth:
That the ASSIGNEE does hereby accept this assignment in full payment of the
above-mentioned debt of ________________________ PESOS (_____________).
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____ day of __________, 19_____ in ___________________________, Philippines.
____________________________ ____________________________
(Assignor) (Assignee)
____________________________
____________________________
ACKNOWLEDGMENT
DEED OF EXCHANGE
WITNESSETH:
That the said ___________________ is the owner in fee simple of that certain parcel
of land with improvements thereon, situated in ______________________________ and
more particularly described as follows, to wit:
(Description of property)
his title thereto being evidenced by Transfer (or Original) Certificate of Title No.
_________________ of _the Registry of Deeds of ___________________________;
That the said ____________________is, on the other hand, the owner in fee simple
of that certain parcel of land with improvements thereon situated in
____________________ and more particularly described as follows, to wit:
(Description of property)
his title thereto being evidenced by Transfer (or Original) Certificate of Title No.
_______________ of the Registry of Deeds of ____________________;
That both parties hereto have mutually agreed to exchange their respective
properties as above-described, each free from all liens and encumbrances
whatsoever;
WHEREFORE, the said _______________ does hereby CEDE, TRANSFER and
CONVEY unto the said _______________________ the real estate first above-described,
with all the improvements thereon; and likewise, the said ____________________, in
turn, does hereby CEDE, TRANSFER, and CONVEY unto the said
__________________________ the real estate described in the second instance, with all
the improvements thereon;
That the respective parties hereto warrant to each other the title to the
properties they have respectively ceded, transferred, and conveyed, against all
claims of any person whatsoever.
IN WITNESS WHEREOF, both parties have hereunto set their hands this _____
day of __________, 19_____ in ___________________________, Philippines.
____________________________ ____________________________
(Signature) (Signature)
Signed in the presence of:
____________________________
____________________________
ACKNOWLEDGMENT
CONTRACT OF ANTICHRESIS
That the accrued interest alone now due and payable on the principal amounts
to ______________________________________ PESOS (_____________), as of
_______________________________, 19_____;
That the total amount owing by the DEBTOR to the CREDITOR, including the
interest is _______________________ PESOS (_____________) as of this date;
That the DEBTOR, in order to be able to pay the CREDITOR, hereby agrees to
permit and allow the latter to take possession of a certain parcel of riceland
belonging to the DEBTOR, located in ___________________________, and more
particularly described as follows, to wit:
which land is covered by T.C.T. No. ______________ of the registry of deeds of the
province of _________________________________;
That the CREDITOR by virtue hereof shall have the right to cultivate, and
receive the fruits of, the above-described land, with the obligation of applying the
net proceeds thereof to the extinguishment of the above-mentioned loan;
That the net market value of the fruits obtained or harvested at the time of the
application thereof to the interest and principal shall be the measure of such
application of payments;
That, the parties hereby agree that the DEBTOR shall not reacquire the
possession and enjoyment of the above-described property without first having
totally paid what he owes the CREDITOR: Provided, however, that in no case shall
the right of possession and enjoyment on the part of the CREDITOR continue for
more than _________________ years, after which the right of possession and
enjoyment shall revert automatically to the DEBTOR, without prejudice on the part
of the CREDITOR to avail himself of the other remedies provided for by existing law.
It is also agreed that while this contract is in effect, all taxes and other charges
upon the estate in question shall be for the account of the DEBTOR.
IN WITNESS WHEREOF, the parties hereto have hereunto signed this contract
the day and year first above written, in the municipality of __________________,
province of _____________, Philippines.
____________________________ ____________________________
(Creditor) (Debtor)
____________________________
____________________________
ACKNOWLEDGMENT
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:
(Description of As property)
(Description of Bs 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 Bs 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 Bs 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.
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)
____________________________
____________________________
ACKNOWLEDGMENT
Witnesseth:
(Description of property)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at
___________, Philippines, this ____ day of _________, 19_____
_______________________________
_______________________________
(Signature of parties)
Witnesses:
____________________________
____________________________
ACKNOWLEDGMENT
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
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 attorneys 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.
(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 attorneys
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.
(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.
By:
_______________________________
_______________________________
Purchaser
____________________________
____________________________
ACKNOWLEDGMENT
ANTE-NUPTIAL AGREEMENT
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 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)
____________________________
____________________________
ACKNOWLEDGMENT
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 __________________;
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:
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____ day of _____, 19_____, in _________________, Philippines.
____________________________ _______________________________
(Co-owner) (Co-Owner)
____________________________
____________________________
ACKNOWLEDGMENT
Witnesseth
THAT the Parties herein are the registered co-owners of the parcel of land
described in Transfer Certificate of Title No. T-4505 of the Registry of Deeds of
Baguio City, more particularly described as follows:
All points referred to are indicated on the plan and are marked on the
ground by PLS cyc. conc. mons.
Bounded on the NW., along line 1-2 by Public Land (Lot 1, Block 4, Holy
Ghost Hill Subdivision); on the NE., and E., along lines 2-3-4-5 by Road; and on
the SW, along 5-1 by Public Land (Lot 3, Block 4, Holy Ghost Hill Subdivision).
This survey was executed under authority of Chapter XI, Commonwealth Act
141, as amended, and in accordance with existing regulations of the Bureau of
Lands, by Perfecto Jular-bal. Deputy Public Land Surveyor, on April 2, 1952 and
approved on October 13, 1952.
NOTE: This is Lot 2, Block 4 (now Lot 56) Holy Ghost Hill Subdivision and is
approved by TSA No. V-941."
THAT the said Parties have caused the subdivision of the aforesaid parcel of
land into two (2) lots, each having an area of SIX HUNDRED THIRTY FOUR (634)
SQUARE METERS, more particularly- described as Lots 1 and 2 in the subdivision
plan (LRC) PSD-193703 which was duly approved by the Land Registration
Commissioner, to wit:
"A parcel of land (Lot 1 of the Subdivision plan (LRC) Psd 193703
being a portion of the parcel of land described on TS-V-941-D, LRC Rec. No.
T.S. Sales Pat.) situated in the Res. Sec. "B", City of Baguio, Island of Luzon.
Bounded on the N.E., points 2 to 5 by Subdivision Road (10.00 m. wide); on
the SW., points 5 to 1 by Lot 2, of the Subdivision Plan: and on the
NW points 1 to 2 by Lot 1, Block 4 (Holy Ghost Hill Subd. Public Land).
Beginning at a point marked 1" on Plan, being N. 49 deg. 38'E., 314.70 m.
from Triangulation Station Sunday Baguio Townsite,
THAT the above Parties have agreed and covenanted, as by these Presents, do
hereby agree and covenant, that Lot 1 as above described shall appertain and
belong to FLORENTINO R. DIZON. his heirs and assigns, and that Lot 2 as likewise
above described, shall appertain and belong to SULPICIO GUEVARA, his heirs and
assigns.
NOW THEREFORE, for and in consideration of the above agreement, the Parties
herein shall have the Transfer Certificate of Title No. T-4505 CANCELLED by the
Register of Deeds for Baguio, and in lieu thereof to ISSUE TWO (2) new certificates
of title for the two lots in favor of the two owners, respectively.
IN WITNESS WHEREOF, the Parties hereto set their hands below, this 16th day of
February, 1974, in the City of Manila. Philippines.
____________________________ _______________________________
(Sgd.) (Witness) (Sgd.) (Witness)
ACKNOWLEDGMENT
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 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:
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____ day of _____, 19_____, in _________________, Philippines.
____________________________ _______________________________
(Signature) (Signature)
_______________________________
(Signature)
____________________________
____________________________
ACKNOWLEDGMENT
FORM NO. 40 AFFIDAVIT OF ADJUDICATION BY SOLE HEIR OF ESTATE OF
DECEASED PERSON
AFFIDAVIT
(Description)
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 saidadjudication 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
AFFIDAVIT
That more than two (2) years had already elapsed without any creditors
claims having been presented against the above estate, and therefore, pursuant to
Rule 74, Secs. 1 and 4 of the Rules of Court, the said encumbrance may accordingly
be cancelled.
_______________________________
(Signature of Affiant)
JURAT
(Description)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____ day of _____, 19_____, in _________________, Philippines.
_______________________________
(Mortgagor)
_______________________________
(Mortgagor)
____________________________
____________________________
ACKNOWLEDGMENT
WITNESSETH:
That the MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE
unto the MORTGAGEE the following described real property, situated in
_______________, together with all the improvements, to wit:
(Description)
of which real property the MORTGAGOR is the registered owner in accordance with
the provisions of the Land Registration Act, his title thereto being evidenced by
Transfer/Original Certificate of Title No. ______________________, of the land registry of
______________;
That this real estate mortgage is given as security for the payment to the
mortgagee of a certain promissory note, dated _____________ for the sum of
___________________ PESOS ( ___________), with interest thereon at the rate of
___________________ per centum (__________%) per annum, according to the terms
thereof and in the words and figures as follows:
That the conditions of this REAL ESTATE MORTGAGE are such that if the
mortgagor shall well truly pay or cause to be paid unto the mortgagee the aforesaid
sum with accrued interest, 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 provided by law.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____ day of _____, 19_____, in _________________, Philippines.
____________________________ _______________________________
(Mortgagor) (Mortgagee)
Signed in the presence of:
____________________________
(Witness)
____________________________
(Witness)
ACKNOWLEDGMENT
_______________________________________________________________;
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
_____ day of _____, 19_____, in _________________, Philippines.
_______________________________
(Mortgagee)
____________________________
____________________________
ACKNOWLEDGMENT
CERTIFICATE OF REDEMPTION
WHEREAS, said real estate mortgage had been acknowledged before Notary
Public ________________, as per his notarial register No. ___________, Book No.
_________, Page No. ___________, Series of __________;
WHEREAS, this offer to redeem on the part of the mortgagor is being made
within the period of one year from the date of auction sale and is therefore in
compliance with the law.
WHEREAS, this offer to redeem the mortgaged property on the part of the
mortgagor is acceptable to the undersigned purchaser and agrees to deliver the
mortgaged property to the mortgagor.
_______________________________
(Signature of Purchaser)
ACKNOWLEDGMENT
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ______,
19____, in _________________, Philippines.
_______________________________
(Mortgagee)
____________________________
____________________________
ACKNOWLEDGMENT
_______________________________
(Mortgagee)
____________________________
____________________________
ACKNOWLEDGMENT
That the MORTGAGOR does hereby convey by way of chattel mortgage unto
the MORTGAGEE the following described personal property, situated and ordinarily
kept at __________________ and presently in the possession of the said MORTGAGOR,
to wit: __________________ (specify and describe the article or articles mortgaged).
That this CHATTEL MORTGAGE is given as security for the payment to the
MORTGAGEE, of a certain promissory note, dated __________________, for the sum of
____________________________________ PESOS ( _________________), with interest
thereon at the rate of ________________ (_______%) per centum per annum, according
to the terms thereof, and in the words and figures following:
That the condition of this CHATTEL MORTGAGE is such that if the said
MORTGAGOR, his heirs, executors, or administrators shall well and truly perform the
full obligation above stated according to the terms thereof, then this CHATTEL
MORTGAGE shall be null and void; otherwise, it shall remain in full force and effect
and shall be enforceable in the manner provided for by law.
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand, this ____
day of ______, 19____, in _________________, Philippines.
_______________________________
(Mortgagor)
____________________________
____________________________
ACKNOWLEDGMENT
WE, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the
foregoing chattel mortgage is made and executed for the purpose of securing the
obligation specified therein, and for no other purpose, and that the same is a just
and valid obligation, and one not entered into for the purpose of fraud.
____________________________ ____________________________
(Mortgagor) (Mortgagee)
JURAT
_______________________________
(Mortgagee)
____________________________
____________________________
ACKNOWLEDGMENT
FORM NO. 49-A PLEDGE AGREEMENT
in favor of
WITNESSETH:
The PLEDGOR has applied to the BANK for credits and other banking facilities
from time to time in such installments and in such forms, whether by way of
promissory notes, overdrafts, loans advances, letters of credits, trust receipts, etc.,
as may be desirable and approved by the BANK, to the extent of
________________________________ PESOS ( _________________), Philippine currency
outstanding at any one time, and has offered and agreed to secure the repayment
of said credit facilities, the interests accruing thereon, the costs of collecting the
same, the costs and charges of keeping the pledged property and all other
expenditures which may be incurred in connection herewith, by means of a good
and valid first pledge of the assets hereinafter described.
The BANK has agreed to extend, at its discretion and convenience, said credit
facilities upon the security offered by the PLEDGOR and repayable in such manner
and under such terms and conditions specified hereunder and in the separate
promissory notes, over drafts, loans, advances, letters of credit, trust receipts
and/or other contracts or evidences of indebtedness under which credits have been
or may hereafter be extended any and all of which instruments are hereunto
incorporated and made integral part hereof by reference.
2. To furnish all the documentary stamps and pay all the expenses and fees
incident to this pledge and any amendment or supplement thereto or
cancellation thereof, and to pay all lawful taxes, charges liens and
assessments on the pledge property, to keep all the properties hereby
pledged or which may hereafter be pledged insured at its expense and keep
the same insured against all pertinent risks in a company or companies
designated by the BANK to the full maximum insurable value thereof, the
policy or policies covering such insurance, together with the receipts for
premiums, etc., to be immediately delivered to the BANK and such insurance
policy or policies to be endorsed under a union mortgage clause in favor of
the BANK, and in default thereof, the BANK may, at its option, furnish the
documentary stamps, pay such expenses and fees, as well as said taxes,
charges, liens and assessments, insure said pledged properties, and all sums
so advanced by the BANK shall be payable by the PLEDGOR immediately with
interest thereon at the rate of ten (10%) per cent per annum, and the
payment thereof shall likewise be secured by this pledge.
3. The BANK, in applicable cases, may, at its discretion, have this pledge
registered at nay time on the books of the issuing corporation(s), or have all
or any portion of the securities herein pledge transferred to its name or to the
name of its nominee, as pledgee, and may, at its option, collect, by legal
proceeding or otherwise, endorse, receive and receipt for all dividends,
interests, principal payments and other sums now or hereafter payable upon
or on account of said property pledged, without any responsibility, however,
on the part of the BANK for its failure to do so. In implementation of this and
other provisions of this Pledge Agreement, the PLEDGOR hereby irrevocably
constitutes and appoints the BANK or its representative its true and lawful
attorney-in-fact with full power and authority to do such acts and to execute
any and all documents whatsoever necessary or convenient for the purpose.
4. Failure on the part of the PLEDGOR to pay portion of the indebtedness hereby
secured when due, or failure on its part to comply with any of the conditions
of this pledge and of the separate promissory notes, overdrafts, loans,
advances, letters of credit, trust receipts and/or other contracts or evidences
of indebtedness under which credits have been or may hereafter be
extended, shall cause the maturity of the entire obligation, in which case, the
PLEDGOR hereby irrevocably constitutes and appoints the BANK or its
representative as the true and lawful attorney-in-fact of the PLEDGOR with
full power and authority:
(a) To sell in one or more sales at any time the whole or any part of the
property pledged in such order and quantity or by such lot(s) as the BANK
may elect and choose and any such sale may be made either at public or
private sale at its place of business or elsewhere, or in any brokers board
or securities exchange or, in a proper case, any such sale may be made
over the counter and the BANK may, in all allowable cases, be the
purchaser of any or all properties so sold and hold the same thereafter in
its own right free from any claim of the PLEDGOR or right of redemption,
the PLEDGOR hereby waiving also all rights to any demand, notice or
advertisement of such sale or sales;
(c) To apply, at its option, the proceeds of any said sale, as well as all sums
received or collected by the BANK from or on account of such pledged
property, to the payment of expenses incurred or paid by the BANK in
connection with any sale, transfer or delivery of the property, to the
payment of any other costs, expenses, charges, attorneys fees, interests
and commissions mentioned herein, and to the payment of the secured
indebtedness or any part thereof, all in such order and manner as the
BANK in its discretion may determine, irrespective of the dates of
maturity;
and all acts done and to be done by the BANK in conformity with the powers herein
granted are hereby ratified and confirmed by the PLEDGOR.
5. It is clearly understood and agreed that any payments made by the PLEDGOR
to the BANK may be applied by the BANK, at its discretion, to any
indebtedness or obligations of the PLEDGOR to the BANK, whether or not
included and secured by this pledge and irrespective of their dates of
maturity, the PLEDGOR hereby waiving all the benefits of Articles 1252 and
1254 of the Civil Code of the Philippines that may otherwise be in its favor.
The books and records of the BANK shall be final and conclusive evidence of
the obligations of the PLEDGOR to the BANK.
6. The BANK is hereby authorized to deposit, at its option, the things pledged
with a third person and all costs and expenses for the keeping and
preservation of the same shall be for the account of the PLEDGOR.
8. This Pledge Agreement shall be continuing and ambulatory and shall not
cease to be in force by reason of the fact that the PLEDGOR may not be
indebted to the BANK at some time or times after its execution, it being the
intention of the parties hereto that his pledge shall stand as security for the
aforementioned credits and banking facilities outstanding at any and all
times, not exceeding the said maximum limit of P______________, regardless of
partial or full satisfaction thereof at any time or times, or any fluctuation,
increase, or decrease thereof from time to time, prior to the maturity of the
indebtedness herein incurred and/or prior to the cancellation of the credit line
or facility herein granted or to be granted to the PLEDGOR. It is hereby
further expressly understood and agreed that the lien created by this pledge
shall apply not only to the pledged properties hereinabove described but also
to all the properties substituted or exchanged for them.
9. All actions and controversies that may arise from this Pledge Agreement may
be brought by the BANK, at its option, before the proper court(s) in the City of
_________, Philippines the PLEDGOR hereby expressly waiving any other
venue.
10.In all cases where this Pledge Agreement is executed by more than one party,
all words used herein in the singular shall be deemed to have been used in
the plural where the context and construction so require, in which event, the
obligation, liabilities, and agreements of the parties hereunder shall be
solidary, i.e. joint and several. Also, when this agreement is executed by a
man or a woman, then all applicable words used herein the neuter gender
shall be deemed to have been used in the masculine or feminine ender, as
the case may be.
The condition of this pledge is such that if the obligations herein secured as
well as the terms and conditions hereinabove mentioned are fully complied
with by the pledgor, then this pledge agreement shall become null and void
and of no further effect: otherwise, it shall remain in full force and effect and
the BANK may dispose of the pledged property in the manner hereinabove
provided or in accordance with law, at the option of the BANK.
___________________ ___________________
(Debtor) (Pledgor)
ACKNOWLEDGMENT
MORTGAGE BOND
(In Replevin Suit)
PLAINTIFFS BOND
WHEREAS, I, (full name of plaintiff), of legal age, (civil status), with residence
at ________________, has on __________ filed in the Court of ________ a replevin suit,
entitled _____________, Civil Case No. _______, for the recovery of the possession of
certain personal property described as follows, to wit: ___________________________;
WHEREAS, I have applied in connection with said suit for an order for the
delivery of such personal property;
WHEREAS, the actual value of the personal property involved in the suit is
________________ (P____________);
this lien or mortgage being obligated for the return to the defendant of the
possession of the personal property involved in said Civil Case No. _______ if the
return thereof be finally adjudged by the court, and for the payment to said
defendant of such sum as he may finally recover from the plaintiff in the said case.
___________________
Plaintiff