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JURAT, ACKNOWLEDGMENT, AND FORMS FORCONVEYANCING 1. JURAT SUBSCRIBED AND SWORN TO before me this___ day of August 2006 at Cebu City, Philippines, by the above-named affiant, who is personally known to the Notary Public and who exhibited to me the above-indicated community tax certificate. 2. AFFIDAVITS: 2.a. AFFIDAVIT OF LOSS: Republic of the Philippines ) Cebu City ) S.c. AFFIDAVIT of LOSS I, DEM BRIAN T. PETIL, sixteen (16) years old, Filipino, single, and with address at Labangon, Hinunangan, Southern Leyte, after having been sworn to in accordance with law, hereby depose and state: 1. I was issued a Temporary Identification Card by the University of San Carlos. 2. While in possession of it, the same was mixed up with other documents and personal belongings which I brought with me from Leyte. 3. I tried to exert efforts to look for the same but I could no longer find it. 4. I am executing this affidavit to attest to the truth of the foregoing facts and that the same are true and correct to the best of my personal knowledge. 5. Further, I am executing this affidavit for purposes of complying with the requirements for enrollment with the University of San Carlos. 2 IN WITNESS WHEREOF, I have hereunto affix my signature this__day June 2006 at Cebu City, Philippines . DEM BRIAN T. PETIL SUBSCRIBED AND SWORN TO before me this__day of June 2006 at the City of Cebu, Philippines, affiant exhibiting to me his High School ID Card ( I.D. No. 030184) issued by the Holy Rosary Academy of Hinunangan, Leyte and whose identity is further established by Ms. Era Santillan of Poblacion, Sogod, who is personally known to the undersigned Notary Public. 2.b. AFFIDAVIT OF TWO (2) DISINTERESTED PERSONS: Republic of the Philippines ) Sogod, Cebu ) S.c. JOINT AFFIDAVIT We, GEMENISA ARCHE and MARCIANO MONISET, all of legal age, Filipinos, and residents of Poblacion, Sogod, Province of Cebu, Philippines, after having been sworn to in accordance with law, hereby jointly depose and state: 1. We personally know MS. PONCIANA BRIGOLI, who is a resident of Poblacion, Sogod, Cebu. 2. We have knowledge of her personal circumstances because we have known her since the time of her birth and up to the present since we are neighbors; 3. As related to us by Ms. Ponciana Brigoli and based on the documents shown to us, it appears that in her Baptismal Certificate and in her Marriage Certificate, her name appears as CRESENCIA BRIGOLI. 4. We personally know that that the CRESENCIA BRIGOLI who appears in the said documents and the PONCIANA BRIGOLI whom we know and who appears as the 3 mother of the late Marivic Montecillo in the latter’s Birth and Death Certificate are one and the same person. 5. We are executing this affidavit to attest to the truth of the foregoing declarations and that the same are true to the best of our knowledge. IN WITNESS WHEREOF, we hereunto affix our signature this__day of December 2004 at Cebu City, Philippines. GEMENISA ARCHE MONISET MARCIANO SUBSCRIBED AND SWORN TO before me this__day of December 2004 at Catmon, Cebu, Philippines, affiants exhibiting to me their respective Community Tax Certificates above-indicated. 2.c. AFFIDAVIT OF DESISTANCE: ( 2006 Bar Exam) REPUBLIC OF THE PHILIPPINES) City of Mandaue ) S.c. AFFIDAVIT of DESISTANCE I, PEDRO B. LIM, of legal age, married, Filipino, and a resident of 219 D. Jakosalem St., Cebu City, Philippines, after having been sworn to in accordance with law, hereby depose and state : 1. I am the private complainant in a criminal case for Estafa filed against Ms. Marites Aniel which case is docketed as “People of the Philippines vs. Marites Aniel Crim. Case No._______” and pending before the Regional Trial Court of Mandaue City, Branch 56. 2. After a thorough and mature deliberation of the facts giving rise to the filing of the said case, I realized that the same arose purely from misunderstanding between me and the accused. 4 3. Further, I am no longer desirous of continuing with the prosecution of the accused, Ms. Marites Aniel, for Estafa. 4. I fully understood the contents of this affidavit and I am executing this affidavit voluntarily and freely. IN WITNESS WHEREOF, I have hereunto set my hand this __day of March 2006 at Cebu City, Philippines. PEDRO B. LIM Affiant CTC No: 508214605 Issued on: 1.6.06 Issued at Cebu City SUBSCRIBED AND SWORN TO BEFORE ME this __day of March 2006 at Mandaue City, Philippines. 3. ACKNOWLEDGMENTS 3.a. Simple Acknowledgment: ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) CITY OF CEBU ) S.c. BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally came and appeared MATEO CABALUNA, who is personally known to the undersigned Notary Public and exhibited his Community Tax Certificate No. 2345 issued on 4/5/06 at Cebu City, known to me to be the same persons who executed the foregoing Instrument and acknowledged that the same is his free and voluntary act and deed. WITNESS MY HAND AND SEAL this__day of October 2006 at Cebu City, Philippines. Doc No: Page No: Book No: Series of 2006 NAME OF NOTARY PTR No. IBP No. Roll of Attorneys No. and all the ages sealed with the notarial seal. Barangay Kinasang-an. Where the instrument so acknowledged consists of two or more pages including the page whereon acknowledgment is written. Cebu City. This instrument consisting of two (2) page s1.. Where the instrument acknowledged relates to a sale.D. except the page where the signatures already appear at the foot of the instrument. 112. conveyances. E. including this page on which this acknowledgement. the number thereof shall likewise be set forth in said acknowledgment. mortgage or encumbrance of two or more parcels of land.The Commissioner of Land Registration shall prepare convenient blank forms as may be necessary to help facilitate the proceedings in land registration and shall take charge of the printing of land title forms. executed in accordance with law in the form of public instruments shall be registrable: Provided. 1 . transfer. That. 2345 issued on 4/5/06 at Cebu City. or if registration is not contemplated.c. 1529 [ Property Registration Decree] Forms in conveyancing. BEFORE ME A NOTARY PUBLIC. encumbrances. powers of attorney and other voluntary instruments. who is personally known to the undersigned Notary Public and exhibited his Community Tax Certificate No. 496 and Sec. Sabellano St. each page of the copy to be kept by the notary public. and this fact as well as the number of pages shall be stated in the acknowledgment. WITNESS MY HAND AND SEAL this__day of October 2006 at Cebu City. Philippines. for the City of Cebu.b. each page of the copy which is to be registered in the office of the Register of Deeds. shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses. and relates to a sale of a parcel of land situated at 981-B Upper Suran. Section 127 of Act No.5 3. personally came and appeared MATEO CABALUNA. . Deeds. has been signed by the party and his witnesses on each and every page thereof. Philippines. every such instrument shall be signed by the person or persons executing the same in the presence of at least two witnesses who shall likewise sign thereon. whether affecting registered or unregistered land. Acknowledgement where the document consists of two (2) or more pages ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) CITY OF CEBU ) S. of P. discharges. and shall acknowledged to be the free act and deed of the person or persons executing the same before a notary public or other public officer authorized by law to take acknowledgment. known to me to be the same persons who executed the foregoing Instrument and acknowledged that the same is his free and voluntary act and deed. B. It also includes: ASSIGNMENT. CONVEYANCE. or assigned. mortgaged. or class of persons. CONVEYANCING DEFINED: A. to another by deed.Everything by which any estate or interest in estate is created. LEASE. ENCUMBRANCE OF LAND. IBP No. . alienated. Conveyancing refers to the transfer of title to land from one to another. Roll of Attorneys No.6 Doc No: Page No: Book No: Series of 2006 NAME OF NOTARY PTR No. MORTGAGE. discharges. That. Forms in conveyancing. 1529]. executed in accordance with law in the form of public instruments shall be registrable: Provided. every such instrument shall be signed by the person or persons executing the same in the presence of at least two witnesses who shall likewise sign .D. – The Commissioner of Land Registration shall prepare convenient blank forms as may be necessary to help facilitate the proceedings in land registration and shall take charge of the printing of land title forms. 112 [P. encumbrances. conveyances. whether affecting registered or unregistered land.7 FORMS FOR CONVEYANCING: Sec. Deeds. powers of attorney and other voluntary instruments. except the page where the signatures already appear at the foot of the instrument. Where the instrument so acknowledged consists of two or more pages including the page whereon acknowledgment is written. Where the instrument acknowledged relates to a sale. each page of the copy which is to be registered in the office of the Register of Deeds. transfer. and shall acknowledged to be the free act and deed of the person or persons executing the same before a notary public or other public officer authorized by law to take acknowledgment. and this fact as well as the number of pages shall be stated in the acknowledgment. or if registration is not contemplated.8 thereon. each page of the copy to be kept by the notary public. and all the pages sealed with the notarial seal. mortgage or encumbrance of two . shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses. SIGNED BY THE PERSON EXECUTING THE DOCUMENT IN THE PRESENCE OF TWO WITNESSES WHO MUST ALSO SIGNED.9 or more parcels of land. the number thereof shall likewise be set forth in said acknowledgment. 1529 1. . PUBLIC DOCUMENT IS A MUST.D. No. 3. SUMMARY OF REQUIREMENTS BASED ON SECTION 112 OF P. ACKNOWLEDGED BEFORE A NOTARY PUBLIC. 2. IF INSTRUMENT OR DOCUMENT CONSISTS OF TWO OR MORE PAGES. EACH PAGE SHALL BE SIGNED ON THE LEFT MARGIN BY THE PERSON EXECUTING THE DOCUMENT AND THE WITNESSES AND SEALED WITH NOTARY PUBLIC’S NOTARIAL SEAL. ACKNOWLEDGED BEFORE THE NOTARY PUBLIC TO BE THE FREE ACT AND DEED OF THE PERSON SIGNING. OR ENCUMBRANCE OF TWO OR MORE PARCELS OF LAND. 6. THE NUMBER SHALL .10 4. TRANSFER. IF INSTRUMENT INVOLVES A SALE. 5. GRANTEE 3. DISPOSITIVE CLAUSE OR WORDS OF GRANT .11 BE STATED IN THE ACKNOWLEDGMENT. GRANTOR 2. BASIC ELEMENTS OF A CONVEYANCE: 1. DESCRIPTION OF THE PROPERTY INVOLVED 4. STATEMENT OF THE CONSIDERATION 5. and a resident of 3501 Meadow Brook Drive. Ohio.12 6. married. hereinafter to be referred to as the VENDORS. [ NAME OF GRANTOR] . of legal age. formerly a Filipino citizen and currently an American National. NOTARIAL ACKNOWLEDGMENT SAMPLE DEED OF SALE WITH THE ABOVE-ENUMERATED ELEMENTS OF A CONVEYANCE: DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: This DEED made and entered into by and between : EUFEMIO MARIO RUIZ. Loraine. SIGNATURE OF GRANTOR WITH AT LEAST TWO WITNESSES 7. Beginning at a point marked “1” on plan. 11.82 m.13 . [ DESCRIPTION PROPERTY] OF . by Lot No. thence N. Bounded on the NW. being S. to point 3. 4 of the subdivision plan. to point 2.R. 882 of the Banilad Estate. consisting of a residential house. on the SW. 4. more or less from Mon. Filipinos. 3. Cebu City.26 deg. [ NAME OF GRANTEE] WITNESSETH: The VENDOR is the absolute owner of a parcel of land with permanent improvements thereon. 4 of the subdivision plan. with the improvements thereon. xxx xxx xxx.99 m. which is more particularly described as follows: TCT No. 43’W. Swo-22215. by Road Lot No.27 deg. Fls-598-D. Block No. hereinafter referred to as the VENDEE. and residents of 328-N Gorordo Avenue.40 m. by Lot No. containing an area of ONE HUNDRED SEVENTY FIVE (175) SQUARE METERS more or less.19 deg. thence N. 408. 2. 06’E. of legal age. 14.L. 11.86 m. 98741 Registry of Deeds of Cebu City “A parcel of land (Lot No. 22’E. thence S. 3 of the subdivision plan.and SPOUSES LYNDE C. Block No. Rec. 15’W. of the Banilad Estate. being part of Lot No. G.41’W. 14. to point of beginning. situated in the City of Cebu.61 deg. 5988). on the SE. thence S. to point 4. LAMBO and NILDA RUIZ LAMBO. Block 4 of the subdivision plan. 63 deg. No.96 m.O. 14 The above-described parcel of land. is the exclusive property of the VENDOR having inherited the same from his parents. their heirs. TRANSFERS. as well as the improvements thereon. and successors-in- . assigns.[ DISPOSITIVE CLAUSE OR WORDS OF GRANT] the aboveinterests described parcel of land and the improvements existing thereon as likewise above-described. the VENDOR hereby SELLS. EUFEMIO MARIO RUIZ VENDOR US Passport No. free from all liens and encumbrances and shall defend its ownership against any and all claims of whatever nature that may be interposed by any party. FOR AND IN CONSIDERATION of the sum of ONE .00) Philippine Currency STATEMENT OF CONSIDERATION] receipt whereof is hereby acknowledgmed to the entire satisfaction of the VENDOR. IN WITNESS WHEREOF.000. Philippines. The VENDOR hereby warrants unto the VENDEE full title and ownership over the above-described parcel of land and the improvements thereon. 088598087 Date Issued: 18 April 200 Date of Expiry: 17 April 2010 .000. AND CONVEYS by way of absolute sale unto the VENDEES.[ THE MILLION PESOS (P1. the parties to this Contract have hereunto affixed their respective signatures this__day of __________________ at Cebu City. and consist of three (3) pages including this page on which the acknowledgment is written and signed by the parties on each and every page thereof at the left margin. this ______day . except the last page.15 [ SIGNATURE OF GRANTOR] WITNESSES : ____________________ _____________________ [ SIGNATURE OF WITNESSES] ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES) CITY OF CEBU ) S. BEFORE ME.S. This DEED relates to a sale of a parcel of land. I have hereunto affixed my signature and notarial seal in Cebu City. IN WITNESS WHEREOF. a Notary Public in and for Cebu City this __day of ___________________ personally appeared the following: EUFEMIO MARIO RUIZ Who is personally known to me to be the same persons who signed and executed the foregoing document and acknowledged to me that the same is his free and voluntary act and deed. situated in the City of Cebu and the improvements existing thereon. of legal age. .in favor of SPOUSES LYNDE C. a Filipino citizen and residing at Luke Wright St. hereinafter referred to as the VENDEE. hereinafter to be referred to as the VENDOR.. NOTE: The VENDEE need NOT sign the DEED OF SALE because there are no conditions or stipulations which are assumed by the vendee. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: This DEED made and entered into by: JOSE RUIZ. and residents of 328-N Gorordo Avenue. if there are conditions or stipulations assumed by him ( for example.16 [ NOTARIAL ACKNOWLEDGMENT] of _____________. LAMBO and NILDA RUIZ LAMBO. However. Cebu City. single. Filipinos. then HE HAS TO SIGN the DEED OF SALE. Dumaguete City. of legal age. that he will be the one to pay for the expenses of subdivision). WITNESSETH: . 11. Beginning at a point marked “1” on plan.19 deg. 4. Swo-22215. 2. on the SE. on the SW. 14.27 deg. 41 ‘E. to point 2. thence S. 06’E. G. 11. Beginning at a point marked “1” on plan. of the Banilad Estate.26 deg. 4 of the subdivision plan. thence N.86 m. Block 4 of the subdivision plan.83 m. with the improvements thereon. Fls-598-D. Block No. 14. containing an area of ONE HUNDRED SEVENTY THREE (173) SQUARE METERS more or less. Rec. Bounded on the NW. Block No. 22’E. to point 2. 43’W. to point of beginning. to point 4. 3. to point 3. TCT No.40 m.40 m. by Lot No. which parcels of land are more particularly described as follows. thence S. 3 of the subdivision plan.19 deg. situated in the City of Cebu. to point 3. 4 of the subdivision plan.66 m to point 4. by Road Lot No.L. 14. more or less from Mon. 98741 Registry of Deeds of Cebu City “A parcel of land (Lot No. 7. 5988). 882 of the Banilad Estate.12’W. (Swo-22215).R.5 of the Banilad Estate. by Lot No. 09’W.96 m. 408. Block No. more or less from Mon. to point of beginning. No.82 m. Block No.96 m. thence S. being S. 15’W. containing an area of ONE HUNDRED SEVENTY FIVE (175) SQUARE METERS more or less. Fls-598-D.R.26 deg. 5. 3. thence N. 15’W. 4 of the subdivision plan. thence S. No. 4 of the subdivision plan. by Lot No. situated in the City of Cebu. 3 of the subdivision plan. 63 deg. 4 of the subdivision plan. with the improvements thereon. Rec.86 m. 882 of the Banilad Estate. Xxx . G. by Road Lot No. 14. 408. being part of Lot No. 63 deg. Block 4 of the subdivision plan. thence S.O. 98742 Registry of Deeds of Cebu City “A parcel of land (Lot No. on the SW. 11. 11. 5988). and on the NW. to wit: TCT No.26 to deg.99 m. being part of Lot No.O.17 The VENDOR is the absolute owner of TWO (2) parcels of land with permanent improvements thereon. 4.61 deg. 22’E.64 deg. Xxx xx. Block No. on the SE. Bounded on the NE. thence N. by Lot No.41’W.L. being S. by Lot No. consisting of a residential house. FOR AND IN CONSIDERATION of the sum of ONE MILLION PESOS (P1. AND CONVEYS by way of absolute sale unto the VENDEES.18 xx xxx. TRANSFERS. and successors-in-interests. receipt whereof is hereby acknowledgmed to the entire satisfaction of the VENDOR. as well as the improvements thereon. are the exclusive properties of the VENDOR having inherited the same from his parents. free from all liens and encumbrances and shall defend its ownership against any and all claims of whatever nature that may be interposed by any party. JOSE RUIZ VENDOR WITNESSES : ___________________________ ________________________ ACKNOWLEDGEMENT . Philippines. their heirs. IN WITNESS WHEREOF.000. the parties to this Contract have hereunto affixed their respective signatures this__day of __________________ at Cebu City.00) Philippine Currency. assigns. the VENDOR hereby SELLS. The VENDOR hereby warrants unto the VENDEE full title and ownership over the above-described parcel of land and the improvements thereon. the above-described parcels of land and the improvements existing thereon as likewise above-described. The above-described parcels of land.000. on the North along line 3-4. Province of Negros Oriental. Negros Oriental covered by Transfer Certificate of Title No. FT-6639 of the Register of Deeds of Negros Oriental and more particularly described as follows: “ A parcel of land (Lot 7072-B.19 4. by Lot 7036. along line 8-9.c.in favor of JUANA CRUZ. hereinafter called the VENDEE. along line 7-8. hereinafter called the VENDOR. along line 9-10. widow. Philippines. situated in the Barrio of Maayong-tubig. . single. along line 67. by Lot 7088. Dauin. by Lot 7080. by Lot 7079. by Lot 7072-A of the subdivision plan. on the NE. by Lot 7076. made and entered into by: JUAN DE LA CRUZ. Sale of Unsegregated Portion of Land: DEED OF SALE KNOW ALL MEN BY THESE PRESENTS: This DEED. Municipality of Dauin. Pls-759. WITNESSETH: WHEREAS. of legal age. by Lot 7078. Pls-759. along line 11-12. on the NW. Negros Oriental. and a resident of Maayong-tubig. along line 13-14. along lines 4-5-6. Cebu. along line 12-13. Bounded on the west along line 1-2. the VENDOR is the absolute and registered owner of a parcel of land located at Barangay Maayongtubig. by Lot 7073. being a portion of lot 7072. of the subdivision plan Psd-07-033185. and a resident of Bogo. along line 10-11. by Lot 7071. by Lot 7074. of legal age. Pls-759. . Filipino. by Lot 7075. pls-759). by Mindanao sea. along line 2-3. on the SE. Municipality of Dauin. Rigurosa.” WHEREAS. by Lot 7076. 1994 and approved on June 1. thence s. to point 11. 50 deg. 52 deg. being S. executed by Engr. 00'W. from BLIM No. 49 deg. more or less. by lot 7073.28 m. more or less. 32'W. consisting of ONE THOUSAND (1. which may be identified with the following tentative description: "A portion of Lot No.S. 36 deg. 11. 55. 34'W.. 11. 29'E. 34 deg. thence N. thence s. 10'W.10 m. 10. along line 10-11.12 m. 12. all of Pls-759. to point 13.. the VENDEE has offered to buy and the VENDOR has agreed to sell a PORTION of the abovedescribed property. 37. 52 deg. 1995. Pls-759. 48'W. along line 8-9. 34 deg. 02'W. 59'W. All points referred to are indicated on plan and are marked as follows: points 4. 5.. 67. thence N. 49. Bounded on the Southeast along line 6-7 by the Mindanao sea. situated in Barangay Maayongtubig. William R. mons. thence N.METERS." . 29'E. 36 deg.680) SQUARE METERS.39 m.25 m. to point 6.. thence N. 15 x 40 cms.88 m.20 and along line 14-1.60 m. 5 & 6. 45 deg. thence s.. 1. to point 5. conc.543.74 m. 51 deg 04'W.. 34 deg.75 m. to point 3. 52 deg. date of original survey. thence N.. thence N. thence N. thence N. to point 12.23 m. 31'W.78 m.18 m. 100. to point 4. to point 7. thence s.98 m. and the rest by PLS cyl. 27'W.34 m. 02'W. conc. 51 deg.. to point 10. to point of beginning containing an area of EIGHTEEN THOUSAND SIX HUNDRED EIGHTY (18.. 23. cyl. by Lot 7075. 1961 and that of the Subdivision survey. along line 9-10. 56'E. Beginning at a point marked "1" on plan.. to point 8. by P. by Lot 7087. mons. to point 14. along line 7-8. 41. Municipality of Dauin. by Lot 7074. 7072-B-2. 95..000) SQUARE . July 28.. December 11. to point 2. Negros Oriental. 55 deg.36 m. to point 9.. thence N. 11. thence N... Bearings true. 46 deg. 93. 42'E. CONVEY and DELIVER.000. in favor of the VENDEE. in a manner absolute and irrevocable.00). the receipt whereof is hereby acknowledged in full from the VENDEE to the entire satisfaction of the VENDOR. the said VENDOR does hereby SELL. for the consideration and the terms and conditions set forth herein below: NOW. Philippine Currency. THEREFORE. The above-described parcel of land is not tenanted and does not come within the operation of the Comprehensive Agrarian Reform Law or any other agrarian reform laws of the Philippines. TIMOTEA ALAGASI SIGNED IN THE PRESENCE OF: _________________ ACKNOWLEDGMENT _______________ . her heirs. assigns and successors in interests the property above described with all the improvements existing thereon. the VENDOR has hereunto set her hand on the____day of September 2006 at Dumaguete City. for and in consideration of the aforesaid premises and more specifically of the sum of FIVE HUNDRED THOUSAND PESOS (P500. TRANSFER.21 together with all the improvements thereon . IN WITNESS WHEREOF. Philippines. That the VENDOR hereby further warrants valid title to and peaceful possession of the property herein sold and conveyed and further declares that the same is free and clear of all liens and encumbrances of any kind whatsoever. 1477. of legal age. single/married and residing at _________. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promissor if the promise is supported by a consideration distinct from the price. (n) Art. (1451a) . A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. (n) Art. 1475. CONTRACT TO SELL:2 CONTRACT TO SELL KNOW ALL MEN BY THESE PRESENTS: This AGREEMENT. of legal age. hereinafter referred to as the VENDOR. single/married and residing at _________. made and entered into by and between: ____________. the parties may reciprocally demand performance.and _____________. Filipino. The parties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. 1479. Filipino._____ of the Register of Deeds of _____ and more particularly described as follows: 2 Art. The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. hereinafter referred to as the VENDEE. From that moment. subject to the provisions of the law governing the form of contracts.22 5. 1478. WITNESSETH: That the VENDOR is the registered owner of a residential house and lot located at _____ covered by Transfer Certificate of Title No. . (1450a) Art. 2. the VENDOR hereby conditionally SELLS. 5. That the amount of ______ (P___) shall be paid by the VENDEE to the VENDOR as down-payment. under the following terms and conditions: 1.23 -technical descriptionThat for and in consideration of the sum of ______ (P______). both parties hereunto set their hands this ___ day of February. VENDEE SIGNED IN THE PRESENCE OF: _____________ ______________ VENDOR . his heirs. That the balance of _________ (P_____) shall be paid in the following manner: 3. IN WITNESS WHEREOF. 2002 at the City of Pasay. documentation expenses and notarial fee shall be for the account of the VENDEE. Other conditions. Philippines. That the realty tax for the year____ shall be for the account of the a VENDOR. Philippine Currency. together with all the improvements thereon. if any. documentary stamps. transfer tax. 6. That the capital gains tax. registration fee. Title to the above-described property subject of this contract remains with the VENDOR and shall pass to and be transferred to the VENDEE only upon complete payment of the full consideration above agreed upon and the execution and signing of the final DEED OF ABSOLUTE SALE. 4. TRANSFERS AND CONVEYS unto the VENDEE. successors and assigns the above described residential house and lot. It appears that you have been in arrears in the payment of your installment on the Contract to Sell No. for the last __months. 6552._____________ _________________________ This notice is being served to you in my capacity as Manager of XYZ Realty Development Corporation. with an area of 600 square meters. 5.24 6. unless you make up for all your arrears within the next 30 days from receipt of this notice. as it is hereby declared. and the aforementioned Contract to Sell declared. cancelled and of no further effect. ____________________. we regret to advise you that.S. /MRS. involving Lot No. NOTICE OF CANCELLATION OF CONTRACT TO SELL: SAMPLE FORM: REPUBLIC OF THE PHILIPPINES) CITY OF CEBU ) S. or more than 60 days grace period allowed by Republic Act No. Philippines . all your rights will be deemed extinguished and terminated. ____executed in your favor on ________. Block 6. NOTICE OF DELINQUENCY AND CANCELLATION OF CONTRACT TO SELL MR. XYZ Subdivision. the latter hereby SELLS.) & Transfer THAT FOR AND IN CONSIDERATION of the sum of _______PESOS (P______). in hand paid by the VENDEE A RETRO to the full satisfaction of the VENDOR A RETRO. 7. CEDES. more particularly described as follows: (copy technical dexcription Certificate of Title No. Philippines. his .25 ________________ SELLER SUBSCRIBED AND SWORN TO before me this__day of November 2006 at Cebu City. Philippine Currency. DEED OF SALE WITH PACTO DE RETRO ( RIGHT OF REPURCHASE) SAMPLE FORM: DEED OF SALE WITH RIGHT TO REPURCHASE KNOW ALL MEN BY THESE PRESENTS: (SAME FORMAT AS ABOVE DEED OF SALE WITH VENDOR REFERRED AS "VENDOR A RETRO" AND VENDEE AS "VENDEE A RETRO") That the VENDOR A RETRO is the registered owner of a parcel of land. AND CONVEYS by way of SALE WITH RIGHT TO REPURCHASE unto the VENDEE A RETRO. 26 heirs. That said VENDOR A RETRO hereby reserves for himself. and assigns. in the VENDOR A RETRO. the above described real property. under existing laws and jurisprudence. the VENDEE A RETRO shall have all the right to institute the necessary proceeding for the full consolidation of ownership unto himself. during a period of _____ years (not exceeding ten years) from the date hereof. That this parcel of land does not come under the operation of the Land Reform Code of the Phils. together with all the expenses incident to the repurchase. the parties have hereunto set their hands this ___ day of _______. . the right to repurchase the property subject matter of this contract by paying back. or the implementing circulars thereon. delivering to the VENDEE A RETRO the purchase price herein agreed upon. That should the VENDOR A RETRO fail to repurchase the above described property after the agreed period. 2003 at the City of Lipa. and title to said property shall then pass to and become vested. successors and assigns for the said amount of _______PESOS (P________). absolutely and without reservation. his heirs. his heirs. successors or assigns. IN WITNESS WHEREOF. in an amount equivalent to the value of the personal property involved as certified to under oath by the parties concerned and conditioned upon the payment ol any just claim that may be filed under section 4 of this rule. they may do so in an ordinary action of partition. without securing letters of administration. or stipulation in the action for partition. or of the affidavit in the office of the register of deeds.—If the decedent left no will and no debts and the heirs are all of age. the parties may. or the sole heir who adjudicates the entire estate to himself by means of an affidavit shall file. The parties to an extrajudicial settlement. a bond with the said register of deeds. and should they disagree. It shall be presumed that the decedent left no debts if no creditor files a petition . or the minors are represented by their judicial or legal representatives duly authorized for the purpose. divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds. AFFIDAVIT OF ADJUDICATION BY SOLE HEIR: Reference: RULE 74 SUMMARY SETTLEMENT OF ESTATES SECTION 1. Extrajudicial settlement by agreement between heirs.27 Signature of Vendee a Retro Vendor a Retro Signature o WITNESSES: __________ __________ ACKNOWLEDGMENT 8. he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds. simultaneously with and as a condition precedent to the filing of the public instrument. whether by public instrument or by stipulation in a pending action for partition. If there is only one heir. 4. single. nor any Last Will and Testament. SAMPLE FORM: Republic of the Philippines) City of Cebu ) S.c. of legal age. consisting of____square meters more or less. after having been duly sworn to in accordance with law hereby depose and state: 1. I hereby adjudicate unto myself the parcel of land abovedescribed and I hereby request the Register of Deeds of _______to register and render the same effective. The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the next succeeding section. I am the only son and sole heir of one_______. AFFIDAVIT OF ADJUDICATION BY SOLE HEIR I. 2. who died intestate on______ at______. but no extrajudicial settlement shall be binding upon any person who has not participated therein orhad no notice thereof...28 for letters of administration within two (2) years after the death of the decedent. and more particularly described as follows: (Description of Property) 3. Pursuant to Section 1 of Rule 74 of the Revised Rules of Court of the Philippines. The decedent left no debts. ………. and with residence at ______. The said deceased left a parcel of land located at______. Filipino. . they may do so in an ordinary action of partition. I have hereunto set my hand this__day of November 2004 at _________. SAMPLE FORM: EXTRAJUDICIAL SETTLEMENT OF ESTATE KNOW ALL MEN BY THESE PRESENTS: WE. ME . EXTRAJUDICIAL SETTLEMENT OF ESTATE: Reference: SECTION 1. SUBSCRIBED and SWORN TO BEFORE this__day of November 2004 at_____________. 9. ………………………. and should they disagree. or the minors are represented by their judicial or legal representatives duly authorized for the purpose. the parties may. divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds. without securing letters of administration. ( names of heirs and their respective personal circumstances). The above realty does not come under the operation of the Comprehensive Agrarian Reform Law.29 5. IN WITNESS WHEREOF.—If the decedent left no will and no debts and the heirs are all of age. Extrajudicial settlement by agreement between heirs. without a Will or Testament. Said deceased died intestate. Section 1 of the Revised Rules of Court of the Philippines. and both being with full capacity to contract.covered by TCT No…. we do hereby adjudicate unto ourselves the land described above.of and more particularly described as follows.. we have hereunto affixed our signatures……. in equal shares. The deceased left a parcel of land situated at………….30 WITNESSETH: We are the legitimate children and sole heirs of ____________. and without any outstanding debts in favor of any person or entity. IN WITNESS WHEREOF. ACKNOWLEDGEMENT 10. to wit: ( Description of Property) Pursuant to Rule 74. who died on_____at. EXTRA-JUDICIAL SETTLEMENT WITH SALE: [ NOTE: You can simultaneously execute an Extrajudicial Settlement and Absolute Sale] . we do hereby adjudicate unto ourselves the parcel of land described above. with residence address at _____. . and both being with full capacity to contract. single/married to _____. and without any outstanding debts in favor of any person or entity. copy of his death certificate hereto attached as Annex "A". single/married to ____. without Will or Testament. and _______. of legal age. That said deceased died intestate. 1 of the Revised Rules of Court of the Philippines. Sec. with residence address at _____. _______.31 EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: WE. That the deceased left a parcel of land situated at ______ covered by Transfer Certificate of Title No. of legal age. WITNESSETH: That we are the legitimate children and sole heirs of the deceased _______ who died on ______ at _________. ____ of the Register of Deeds of _______ and more particularly described as follows: (copy technical description) That pursuant to Rule 74. in equal shares. FOR AND IN CONSIDERATION of the sum of _______(P____). . of legal age.32 That FURTHER. IN WITNESS WHEREOF. his heirs. all our rights and interests in the parcel of land described above. he shall have exclusive right of ownership and possession over said parcel of land.Signature of Heir Signature of Heir ACCEPTANCE OF SALE: Signature of Buyer SIGNED IN THE PRESENCE OF: ______________ ACKNOWLEDGMENT ______________ . That we hereby warrant our title unto the said ________ and that henceforth. single/married to ___ and with residence address at _____. Philippine Currency. to us in hand paid to our entire satisfaction by _______. CONVEY and TRANSFER by way of ABSOLUTE SALE unto the said ________. That this land is not tenanted and does not come within the operation of the Land Reform Code and allied circulars of the Department of Agrarian Reform.. successors and assigns. free from all liens and encumbrances. we do hereby SELL. ............and...... EXTRAJUDICIAL SETTLEMENT WITH WAIVER: SAMPLE FORM: EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF SHARE KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT.......... single/married to........ That said deceased died intestate....... WITNESSETH: 1.... of....... executed by and between: ……………………………...... 2......33 11.... without Testament and without leaving any debts whatsoever................. That the above-named parties are the widow and children and the sole heirs of the deceased..............who died on. single/married to............................ ............ single/married to..................legal age..................................................... at………………………….... and resident of........... and resident of and..........of legal age.................................................. and.............widow of ...................... and resident of ....................................................... of legal age.......................... ................ Rule 74 of the Revised Rules of Court of the Philippines. and participation in the above described ...................... that they have hereby received their just and proper share and have no claim or demand against each other That I......and ...) Philippine Currency to me hand paid by my hereinabove named children to wit..... That pursuant to Sec... the real properties................day of ............................. .......... and …………………... abovedescribed as follows That they hereby affirm that they have executed the foregoing instrument out of their own voluntary free will without force............ WITNESSES: (ACKNOWLEDGEMENT... (Description of Properties) 4........ 1....34 3.. ……………………….. intimidation or violence upon their person.....(P................................. and the parties herein being all of age............................... namely..... do hereby WAIVE my rights ... That said deceased left the following real properties which are all conjugal and owned in common with his wife.................. at……………... .... …………........................ their heirs and assigns all the rights . 1) ............. they have agreed to divide as they do hereby divide and adjudicate........................... FORM NO.....in like shares: WITNESS MY HAND this . the herein.............. interest.........for my part and FOR AND IN CONSIDERATION and of the sum of.........................hereby TRANSFER AND CONVEY unto the said ........... interest and participation in the above-described real property in favor of all my children ............. and .. by order for that purpose. the court having jurisdiction of the estate may. Liability of distributees and estate. SEC. and may issue execution. 2. heirs. or other persons for the full period of two (2) years after such distribution. . against the bond provided in the preceding section or against the real estate belonging to the deceased. after hearing. settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof.—If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule. that an heir or other person has been unduly deprived of his lawful participation in the estate. And if within the same time of two (2) years. 4. or that an heir or other person has been unduly deprived of his lawful participation payable in money. Rule 74.. notwithstanding any transfers of real estate that may have been made. such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. or both. PETITION TO CANCEL STATUTORY LIEN : Reference: 1. if circumstances require.. Such bond and such real estate shall remain charged with a liability to creditors. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent. It shall appear that there are debts outstanding against the estate which have not been paid. Section 1: ….35 12.. heir or other person exist. the Register of Deeds shall annotate on the proper title the two-year lien mentioned in Section 4 of Rule 74 of the Rules of Court. The proof may consist of the certification of the publisher. SAMPLE FORM: PETITION TO CANCEL STATUTORY LIEN TO: THE REGISTER OF DEEDS CEBU CITY . When a deed of extrajudicial settlement has been duly registered. 86. No deed of extrajudicial settlement or affidavit of adjudication shall be registered unless the fact of extrajudicial settlement or adjudication is published once a week for three consecutive weeks in a newspaper of general circulation in the province and proof thereof is filed with the Register of Deeds. 1529. or a copy of each week's issue of the newspaper wherein the publication appeared.D.36 3. Extrajudicial settlement of estate. devisees or legatees or any other party in interest that no claim or claims of any creditor. or of the editor. the Register of Deeds shall cancel the two-year lien noted on the title without the necessity of a court order . printer. his foreman or principal clerk. P. Sec. The verified petition shall be entered in the Primary Entry Book and a memorandum thereof made on the title. business or advertising manager of the newspaper concerned. Upon the expiration of the two-year period and presentation of a verified petition by the registered heirs. in accordance with Section 4. The above-mentioned Certificate contains an annotation of encumbrance relating to contingent liabilities of the property therein described to possible claims of heirs. 2. _______.____. 5678 issued by the Registry of Deeds of Cebu City. creditors.37 The undersigned petitioner. The statutory period of two years has already elapsed since the extrajudicial settlement and distribution of the estate as registered on ________. and no claim has been presented by any party to this date. He is of legal age. 3. after having been sworn in accordance with law. and other persons who might have been deprived of lawful participation in the estate of the deceased______. a resident of _________and the registered owner of a parcel of land situated in_________ and covered by TCT No. hereby state: 1. Rule 74 of the Rules of Court. . the encumbrance being annotated as per Entry No. the owner’s duplicate of which is attached. 38 WHEREFORE. SGD. or to quiet title thereto. unless a memorandum or notice stating the institution of such action or proceeding and the court wherein the same is pending. 1529 Sec. Petitioner ( NOTARIAL OATH) 13. and no proceeding to vacate or reverse any judgment. 76. or other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon. or for partition. petitioner prays of the Register of Deeds of _______to cancel the above-mentioned statutory lien or encumbrance on TCT No. Notice of lis pendens. and no judgment. as well as the date of the institution thereof. . LIS PENDENS: Reference: P. shall have any effect upon registered land as against persons other than the parties thereto.D. .No action to recover possession of real estate. or to remove clouds upon the title thereof. in any case in which a memorandum or notice of lis pendens has been registered as provided in the preceding section. or other disposition of the action such as to terminate finally all rights of the plaintiff in and to the land and/or buildings involved. and an adequate description of the land affected and the registered owner thereof. shall have been filed and registered. It may also be cancelled by the Register of Deeds upon verified petition of the party who caused the registration thereof.Before final judgment. 77. At any time after final judgment in favor of the defendant. after proper showing that the notice is for the purpose of molesting the adverse party. Cancellation of lis pendens. Sec. . the notice of lis pendens shall be deemed cancelled upon the registration of a certificate of the clerk of court in which the action or proceeding was pending stating the manner of disposal thereof. SAMPLE FORM: NOTICE OF LIS PENDENS T O : Register of Deeds of _______________ .39 together with a reference to the number of the certificate of title. a notice of lis pendens may be cancelled upon order of the court. or that it is not necessary to protect the rights of the party who caused it to be registered. which parcels of land are situated in __________________. . the undersigned who caused to be registered a Notice of Lis Pendens affecting the real property covered by OCT No. _________________. respectfully petitions that the same . & Roll No. now pending for trial in the Regional Trial Court of ___________________. IBP No. for all legal purposes. 2004 the plaintiff in the above-entitled case filed an action. You are.) CANCELLATION OF NOTICE OF LIS PENDENS T O : Register of Deeds of _______________ The parties in the above-entitled case having come to an amicable settlement. at the back portion of the title to abovedescribed property.40 Please be notified that on _______________. entered on _________. and more particularly described as follows: (description of property) A copy of the Complaint is attached to this Notice as ANNEX “A”. 2004. requested to record this notice of the pendency of the above-mentioned action. Cabanatuan City. therefore. for (state the nature of action) of certain parcels of land against the defendant_________________. Counsel for Plaintiff (Address. may. and a place at which all notices may be served upon him. and how or under whom acquired. Cabanatuan City. VERIFICATION OATH ( NOTE: THIS FORM PRESUPPOSES THAT THERE IS AN AMICABLE SETTLEMENT. CANCELLATION OF NOTICE OF LIS PENDENS SHALL ONLY BE DONE PURSUANT TO AN ORDER FROM THE COURT) 14.Whoever claims any part or interest in registered land adverse to the registered owner. _________________. 2004. The adverse claim shall be effective for a period of thirty days . ADVERSE CLAIM: Reference: Sec. the name of the registered owner. and shall state the adverse claimant's residence. make a statement in writing setting forth fully his alleged right or interest. OTHERWISE. and a description of the land in which the right or interest is claimed. . 70. The statement shall be signed and sworn to. if no other provision is made in this Decree for registering the same. and considred witdrawn. arising subsequent to the date of the original registration.41 be cancelled in the manner provided by law. This statement shall be entitled to registration as an adverse claim on the certificate of title. a reference to the number of the certificate of title of the registered owner. Adverse claim. after having been sworn according to law. Before the lapse of thirty days. no second adverse claim based on the same ground shall be registered by the same claimant. in any case.42 from the date of registration. after notice and hearing. the registration thereof shall be ordered cancelled. _________________. After the lapse of said period. SAMPLE FORM: NOTICE OF ADVERSE CLAIM I. the court. Before the lapse of thirty days aforesaid. that after cancellation. If the adverse claim is adjudged to be invalid. it may fine the claimant in an amount not less than one thousand pesos nor more than five thousand pesos. hereby declare: . If. any party in interest may file a petition in the Court of First Instance where the land is situated for the cancellation of the adverse claim. however. the claimant may withdraw his adverse claim by filing with the Register of Deeds a sworn petition to that effect. shall find that the adverse claim thus registered was frivolous. the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by the party in interest: Provided. and the court shall grant a speedy hearing upon the question of the validity of such adverse claim. and shall render judgment as may be just and equitable. in its discretion. 43 1. to which all notices directed to me may be served. ADVERSE CLAIMANT ( NOTARIAL OATH) .D. ____________. I have a legitimate claim adverse to the registered owner. arising subsequent to the date of the original registration and for which no provision other than Section 70 of P. My adverse claim consists of certain rights and interests in the above-described property. 1529 may be invoked for registering the same. in the name of _____________and more particularly described as follows: ( DESCRIPTION OF PROPERTY) 2. and forthwith to demand the immediate surrender of the owner’s duplicate of the above-mentioned certificate of title pursuant to Section 72 of Act No. My residence and postal address is at _______. which are specifically set forth as follows: 3. WHEREFORE. 496. I hereby petition the Register of Deeds to register my above adverse claim in the manner provided by law. Philippines. affecting that certain real property covered by OCT No. _______________. Filipino. to this Court. 2. Petitioner is of legal age. Petitioner is the absolute owner of a parcel of land situated in Cebu City with an area of . and with residence at___________. RESPONDENT X---------------------------------------/ PETITION TO CANCEL ADVERSE CLAIM PETITIONER. Filipino. states: 1.44 15. and with residence at____________. PETITION TO CANCEL ADVERSE CLAIM: SAMPLE FORM: Republic of the Philippines REGIONAL TRIAL COURT 7th JUDICIAL REGION Branch__ Cebu City PETITIONER Vs. by counsel. while respondent is also of legal age. 45 _____and covered under TCT No. 4. The adverse claim is spurious and the alleged seller is fictitious. alleging in the affidavit of adverse claim that he bought the land from a certain Juan de la Cruz and saying that he could not secure a title because the seller lost his owner’s TCT. WHEREFORE. which should be adjuded against the respondent. petitioner prays that the notice of adverse claim in TCT No. which is more particularly described as follows: 3. respondent registered a Notice of Adverse Claim on said TCT No.000.00. On ______. VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING .000.____._____. which caused plaintiff damages of P500.____ be ordered cancelled and declared void and that respondent be ordered to pay the amount of damages above-stated.000 plus attorney’s fees of P100. The registration of the said adverse claim is intended to harass the plaintiff and to unreasonably burden the land in question and done in bad faith. as investigation revealed there was no such person named Juan de la Cruz at the given address indicated and petitioner’s copy of the TCT is intact and is not lost. 5. or prevent the judgment obligee from claiming damages in the same or a separate action against a third-party claimant who filed a frivolous or plainly spurious claim. files a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property levied on. unless such judgment obligee. the actual damages adjudged by the court shall be paid by the National Treasurer out of such funds as may be appropriated for the purpose. and in case the sheriff or levying officer is sued for damages as a result of the levy. When the writ of execution is issued in favor of the Republic of the Philippines. Proceedings where property claimed by third person. —If the property levied on is claimed by any person other than the judgment obligor or his agent.46 16. the same shall be determined by the court issuing the writ of execution. The officer shall not be liable for damages for the taking or keeping of the property. on demand of the officer. the officer shall not be bound to keep the property. he shall be represented by the Solicitor General and if held liable therefor. 16. to any third-party claimant if such bond is filed. (17a) SAMPLE DOCUMENT: . and such person makes an affidavit of his title thereto or right to the possession thereof. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond. and serves the same upon the officer making the levy and a copy thereof upon the judgment obligee. In case of disagreement as to such value. or any officer duly representing it. stating the grounds of such right or title. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action. the filing of such bond shall not be required. THIRD PARTY CLAIM OVER PROPERTY LEVIED BY SHERIFF REFERENCE: SEC. and a resident of _____________________. now in the possession of ___________________. 2004. depose and state: I am the true. Cebu City. I hereby claim said property as my own. . I execute this affidavit in order to make known my claim pursuant to Section__. ___________________________. The value of the above described property is P_______________. and presently being levied upon and more particularly described as follows: (description of property) My title to the above-described property is evidenced by a Deed of Sale executed in my favor by _____________under date of _________. 199__. Section 39 of Rule 39 of the Rules of Court. __________________. single/married. a copy of which is attached .47 REPUBLIC OF THE PHILIPPINES) City of Cebu ) AFFIDAVIT OF THIRD PARTY CLAIMANT I. lawful and absolute owner of that certain property. being first sworn to in accordance with law. of legal age. being entitled to its ownership and possession. 48 Signature of Affiant JURAT .