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JURAT, ACKNOWLEDGMENT, AND FORMS FOR CONVEYANCING
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.
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
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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 MARCIANO MONISET 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.
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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: 508214605Issued on: 1.6.06Issued 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: NAME OF NOTARYPage No: PTR No.Book No: IBP No.Series of 2006 Roll of Attorneys No.
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3.b. Acknowledgement where the document consists of two (2) or more pages
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.
This instrument consisting of two (2) pages 1 , including this page on which this acknowledgement, has been signed by the party and his witnesses on each and every page thereof, and relates to a sale of a parcel of land situated at 981-B Upper Suran, E. Sabellano St., Barangay Kinasang-an, Cebu City, Philippines.
WITNESS MY HAND AND SEAL this__day of October 2006 at Cebu City, Philippines.
1 Section 127 of Act No. 496 and Sec. 112. of P.D. 1529 [ Property Registration Decree] Forms in conveyancing. - 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. Deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary instruments, whether affecting registered or unregistered land, executed in accordance with law in the form of public instruments shall be registrable: Provided, That, 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, 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. Where the instrument so acknowledged consists of two or more pages including the page whereon acknowledgment is written, each page of the copy which is to be registered in the office of the Register of Deeds, or if registration is not contemplated, each page of the copy to be kept by the notary public, except the page where the signatures already appear at the foot of the instrument, shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses, and all the ages sealed with the notarial seal, and this fact as well as the number of pages shall be stated in the acknowledgment. Where the instrument acknowledged relates to a sale, transfer, mortgage or encumbrance of two or more parcels of land, the number thereof shall likewise be set forth in said acknowledgment.
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Doc No: NAME OF NOTARYPage No: PTR No.Book No: IBP No.Series of 2006 Roll of Attorneys No.
CONVEYANCING DEFINED:
A. Conveyancing refers to the transfer of title to land from one to another, or class of persons, to another by deed.
It also includes:
ASSIGNMENT, LEASE, MORTGAGE, ENCUMBRANCE OF LAND.
B. CONVEYANCE- Everything by which any estate or interest in estate is created, alienated, mortgaged, or assigned.
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FORMS FOR CONVEYANCING:Sec. 112 [P.D. 1529]. Forms in conveyancing. –
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. Deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary instruments, whether affecting registered or unregistered land, executed in accordance with law in the form of public instruments shall be registrable: Provided, That, 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
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thereon, 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. Where the instrument so acknowledged consists of two or more pages including the page whereon acknowledgment is written, each page of the copy which is to be registered in the office of the Register of Deeds, or if registration is not contemplated, each page of the copy to be kept by the notary public, except the page where the signatures already appear at the foot of the instrument, shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses, and all the pages sealed with the notarial seal, and this fact as well as the number of pages shall be stated in the acknowledgment. Where the instrument acknowledged relates to a sale, transfer, mortgage or encumbrance of two
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or more parcels of land, the number thereof shall likewise be set forth in said acknowledgment.
SUMMARY OF REQUIREMENTS BASED ON SECTION 112 OF P.D. No. 1529
1. PUBLIC DOCUMENT IS A MUST.
2. ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
3. SIGNED BY THE PERSON EXECUTING THE DOCUMENT IN THE PRESENCE OF TWO WITNESSES WHO MUST ALSO SIGNED.
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4. ACKNOWLEDGED BEFORE THE NOTARY PUBLIC TO BE THE FREE ACT AND DEED OF THE PERSON SIGNING.
5. 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.
6. IF INSTRUMENT INVOLVES A SALE, TRANSFER, OR ENCUMBRANCE OF TWO OR MORE PARCELS OF LAND, THE NUMBER SHALL
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BE STATED IN THE ACKNOWLEDGMENT.
BASIC ELEMENTS OF A CONVEYANCE:
1. GRANTOR
2. GRANTEE
3. DESCRIPTION OF THE PROPERTY INVOLVED
4. STATEMENT OF THE CONSIDERATION
5. DISPOSITIVE CLAUSE OR WORDS OF GRANT
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6. SIGNATURE OF GRANTOR WITH AT LEAST TWO WITNESSES
7. 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, of legal age, formerly a Filipino citizen and currently an American National, married, and a resident of 3501 Meadow Brook Drive, Loraine, Ohio, hereinafter to be referred to as the VENDORS. [ NAME OF GRANTOR]
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- and -
SPOUSES LYNDE C. LAMBO and NILDA RUIZ LAMBO, of legal age, Filipinos, and residents of 328-N Gorordo Avenue, Cebu City, hereinafter referred to as the VENDEE. [ NAME OF GRANTEE]
W I T N E S S E T H :
The VENDOR is the absolute owner of a parcel of land with permanent improvements thereon, consisting of a residential house, which is more particularly described as follows:
TCT No. 98741Registry of Deeds of Cebu City
“A parcel of land (Lot No. 3, Block 4 of the subdivision plan, Fls-598-D, Swo-22215, being part of Lot No. 882 of the Banilad Estate, G.L.R.O. Rec. No. 5988), with the improvements thereon, situated in the City of Cebu. Bounded on the NW. by Lot No. 2, Block No. 4 of the subdivision plan; on the SE. by Road Lot No. 3 of the subdivision plan; on the SW. by Lot No. 4, Block No. 4 of the subdivision plan. Beginning at a point marked “1” on plan, being S.19 deg. 15’W. 408.86 m. more or less from Mon. of the Banilad Estate; thence N.61 deg. 06’E. 11.82 m. to point 2; thence S.27 deg. 22’E. 14.96 m. to point 3; thence S. 63 deg. 43’W. 11.99 m. to point 4; thence N.26 deg.41’W. 14.40 m. to point of beginning; containing an area of ONE HUNDRED SEVENTY FIVE (175) SQUARE METERS more or less. xxx xxx xxx.
[ DESCRIPTION OF PROPERTY]
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The above-described parcel of land, as well as the improvements thereon, is the exclusive property of the VENDOR having inherited the same from his parents.
FOR AND IN CONSIDERATION of the sum of ONE MILLION PESOS (P1,000,000.00) Philippine Currency,[ STATEMENT OF THE CONSIDERATION] receipt whereof is hereby acknowledgmed to the entire satisfaction of the VENDOR, the VENDOR hereby SELLS, TRANSFERS, AND CONVEYS by way of absolute sale unto the VENDEES, their heirs, assigns, and successors-in-interests,[ DISPOSITIVE CLAUSE OR WORDS OF GRANT] the above-described parcel of land and the improvements existing thereon as likewise above-described.
The VENDOR hereby warrants unto the VENDEE full title and ownership over the above-described parcel of land and the improvements thereon, 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.
IN WITNESS WHEREOF, the parties to this Contract have hereunto affixed their respective signatures this__day of __________________ at Cebu City, Philippines.
EUFEMIO MARIO RUIZVENDOR
US Passport No. 088598087Date Issued: 18 April 200
Date of Expiry: 17 April 2010
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[ SIGNATURE OF GRANTOR]
WITNESSES :
____________________ _____________________
[ SIGNATURE OF WITNESSES]
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)CITY OF CEBU ) S.S.
BEFORE ME, 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.
This DEED relates to a sale of a parcel of land, situated in the City of Cebu and the improvements existing thereon, 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, except the last page.
IN WITNESS WHEREOF, I have hereunto affixed my signature and notarial seal in Cebu City, this ______day
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of _____________. [ NOTARIAL ACKNOWLEDGMENT]
NOTE:
The VENDEE need NOT sign the DEED OF SALE because there are no conditions or stipulations which are assumed by the vendee.
However, if there are conditions or stipulations assumed by him ( for example, that he will be the one to pay for the expenses of subdivision), then HE HAS TO SIGN the DEED OF SALE.
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This DEED made and entered into by:
JOSE RUIZ, of legal age, single, a Filipino citizen and residing at Luke Wright St., Dumaguete City, hereinafter to be referred to as the VENDOR.
- in favor of -
SPOUSES LYNDE C. LAMBO and NILDA RUIZ LAMBO, of legal age, Filipinos, and residents of 328-N Gorordo Avenue, Cebu City, hereinafter referred to as the VENDEE.
W I T N E S S E T H :
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The VENDOR is the absolute owner of TWO (2) parcels of land with permanent improvements thereon, consisting of a residential house, which parcels of land are more particularly described as follows, to wit:
TCT No. 98741Registry of Deeds of Cebu City
“A parcel of land (Lot No. 3, Block 4 of the subdivision plan, Fls-598-D, Swo-22215, being part of Lot No. 882 of the Banilad Estate, G.L.R.O. Rec. No. 5988), with the improvements thereon, situated in the City of Cebu. Bounded on the NW. by Lot No. 2, Block No. 4 of the subdivision plan; on the SE. by Road Lot No. 3 of the subdivision plan; on the SW. by Lot No. 4, Block No. 4 of the subdivision plan. Beginning at a point marked “1” on plan, being S.19 deg. 15’W. 408.86 m. more or less from Mon. of the Banilad Estate; thence N.61 deg. 06’E. 11.82 m. to point 2; thence S.27 deg. 22’E. 14.96 m. to point 3; thence S. 63 deg. 43’W. 11.99 m. to point 4; thence N.26 deg.41’W. 14.40 m. to point of beginning; containing an area of ONE HUNDRED SEVENTY FIVE (175) SQUARE METERS more or less. Xxx xx.
TCT No. 98742Registry of Deeds of Cebu City
“A parcel of land (Lot No. 4, Block 4 of the subdivision plan, Fls-598-D, (Swo-22215), being part of Lot No. 882 of the Banilad Estate, G.L.R.O. Rec. No. 5988), with the improvements thereon, situated in the City of Cebu. Bounded on the NE. by Lot No. 3, Block No. 4 of the subdivision plan; on the SE. by Road Lot No. 3 of the subdivision plan; on the SW. by Lot No. 5, Block No. 4 of the subdivision plan; and on the NW. by Lot No. 7, Block No. 4 of the subdivision plan. Beginning at a point marked “1” on plan, being S.19 deg. 15’W. 408.86 m. more or less from Mon.5 of the Banilad Estate; thence S.26 deg. 41 ‘E. 14.40 m. to point 2; thence S. 63 deg. 09’W. 11.96 m. to point 3; thence N.26 to deg.12’W. 14.66 m to point 4; thence S.64 deg. 22’E. 11.83 m. to point of beginning, containing an area of ONE HUNDRED SEVENTY
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THREE (173) SQUARE METERS more or less. Xxx xx
xxx.
The above-described parcels of land, as well as the improvements thereon, are the exclusive properties of the VENDOR having inherited the same from his parents.
FOR AND IN CONSIDERATION of the sum of ONE MILLION PESOS (P1,000,000.00) Philippine Currency, receipt whereof is hereby acknowledgmed to the entire satisfaction of the VENDOR, the VENDOR hereby SELLS, TRANSFERS, AND CONVEYS by way of absolute sale unto the VENDEES, their heirs, assigns, and successors-in-interests, the above-described parcels of land and the improvements existing thereon as likewise above-described.
The VENDOR hereby warrants unto the VENDEE full title and ownership over the above-described parcel of land and the improvements thereon, 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.
IN WITNESS WHEREOF, the parties to this Contract have hereunto affixed their respective signatures this__day of __________________ at Cebu City, Philippines.
JOSE RUIZVENDOR
WITNESSES :
___________________________ ________________________
ACKNOWLEDGEMENT
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4.c. Sale of Unsegregated Portion of Land:
DEED OF SALE
KNOW ALL MEN BY THESE PRESENTS:
This DEED, made and entered into by:
JUAN DE LA CRUZ, of legal age, Filipino, widow, and a resident of Maayong-tubig, Dauin, Negros Oriental, Philippines, hereinafter called the VENDOR,
- in favor of -
JUANA CRUZ, single, of legal age, and a resident of Bogo, Cebu, hereinafter called the VENDEE,
WITNESSETH:
WHEREAS, the VENDOR is the absolute and registered owner of a parcel of land located at Barangay Maayongtubig, Municipality of Dauin, 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, of the subdivision plan Psd-07-033185, being a portion of lot 7072, pls-759), situated in the Barrio of Maayong-tubig, Municipality of Dauin, Province of Negros Oriental. Bounded on the west along line 1-2, by Lot 7088, Pls-759; on the NW. along line 2-3, by Lot 7071, Pls-759; on the North along line 3-4, by Lot 7036, Pls-759, on the NE. along lines 4-5-6, by Lot 7072-A of the subdivision plan, on the SE. along line 6-7, by Mindanao sea, along line 7-8, by Lot 7073; along line 8-9, by Lot 7074; along line 9-10, by Lot 7075; along line 10-11, by Lot 7076; along line 11-12, by Lot 7078; along line 12-13, by Lot 7079; along line 13-14, by Lot 7080;
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and along line 14-1, by Lot 7087, all of Pls-759. Beginning at a point marked "1" on plan, being S. 34 deg. 31'W., 5,543.28 m. from BLIM No. 1, Pls-759; thence N. 36 deg. 56'E., 41.39 m. to point 2; thence N. 36 deg, 42'E., 95.75 m. to point 3; thence s. 52 deg. 29'E., 67.10 m, to point 4; thence s. 34 deg. 34'W., 49.98 m. to point 5; thence s. 52 deg. 29'E., 100.36 m. to point 6; thence s. 34 deg. 10'W., 93.18 m. to point 7; thence N. 50 deg. 59'W., 12.34 m. to point 8; thence N. 46 deg. 02'W., 23.12 m. to point 9; thence N. 55 deg. 02'W., 11.88 m. to point 10; thence N. 45 deg. 48'W., 10.23 m. to point 11; thence N. 51 deg 04'W., 11.25 m. to point 12; thence N. 49 deg. 32'W., 11.74 m. to point 13; thence N. 52 deg. 00'W., 37.78 m. to point 14; thence N. 51 deg. 27'W., 55.60 m. to point of beginning containing an area of EIGHTEEN THOUSAND SIX HUNDRED EIGHTY (18,680) SQUARE METERS, more or less. All points referred to are indicated on plan and are marked as follows: points 4, 5 & 6, by P.S. cyl. conc. mons. 15 x 40 cms, and the rest by PLS cyl. conc. mons. Bearings true; date of original survey, July 28, 1961 and that of the Subdivision survey, executed by Engr. William R. Rigurosa, December 11, 1994 and approved on June 1, 1995.”
WHEREAS, the VENDEE has offered to buy and the VENDOR has agreed to sell a PORTION of the above-described property, consisting of ONE THOUSAND (1,000) SQUARE .METERS, more or less, which may be identified with the following tentative description:
"A portion of Lot No. 7072-B-2, situated in Barangay Maayongtubig, Municipality of Dauin, Negros Oriental, Bounded on the Southeast along line 6-7 by the Mindanao sea; along line 7-8, by lot 7073; along line 8-9, by Lot 7074; along line 9-10, by Lot 7075; along line 10-11, by Lot 7076."
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together with all the improvements thereon , for the consideration and the terms and conditions set forth herein below:
NOW, THEREFORE, for and in consideration of the aforesaid premises and more specifically of the sum of FIVE HUNDRED THOUSAND PESOS (P500,000.00), Philippine Currency, the receipt whereof is hereby acknowledged in full from the VENDEE to the entire satisfaction of the VENDOR, the said VENDOR does hereby SELL, TRANSFER, CONVEY and DELIVER, in a manner absolute and irrevocable, in favor of the VENDEE, her heirs, assigns and successors in interests the property above described with all the improvements existing thereon.
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.
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.
IN WITNESS WHEREOF, the VENDOR has hereunto set her hand on the____day of September 2006 at Dumaguete City, Philippines.
TIMOTEA ALAGASI
SIGNED IN THE PRESENCE OF:
_________________ _______________
ACKNOWLEDGMENT
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5. CONTRACT TO SELL: 2
CONTRACT TO SELL
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT, made and entered into by and between:
____________, of legal age, Filipino, single/married and residing at _________, hereinafter referred to as the VENDOR,
- and -
_____________, of legal age, Filipino, single/married and residing at _________, hereinafter referred to as the VENDEE,
WITNESSETH:
That the VENDOR is the registered owner of a residential house and lot located at _____ covered by Transfer Certificate of Title No._____ of the Register of Deeds of _____ and more particularly described as follows:
2 Art. 1475. 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. From that moment, the parties may reciprocally demand performance, subject to the provisions of the law governing the form of contracts. (1450a) Art. 1477. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. (n) Art. 1478. The parties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. (n) Art. 1479. A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. 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. (1451a)
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-technical description-
That for and in consideration of the sum of ______ (P______), Philippine Currency, the VENDOR hereby conditionally SELLS, TRANSFERS AND CONVEYS unto the VENDEE, his heirs, successors and assigns the above described residential house and lot, together with all the improvements thereon, under the following terms and conditions:
1. That the amount of ______ (P___) shall be paid by the VENDEE to the VENDOR as down-payment;
2. That the balance of _________ (P_____) shall be paid in the following manner:
3. That the capital gains tax, documentary stamps, registration fee, transfer tax, documentation expenses and notarial fee shall be for the account of the VENDEE;
4. That the realty tax for the year____ shall be for the account of the a VENDOR;
5. 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;
6. Other conditions, if any.
IN WITNESS WHEREOF, both parties hereunto set their hands this ___ day of February, 2002 at the City of Pasay, Philippines.
VENDEE VENDOR
SIGNED IN THE PRESENCE OF:
_____________ ______________
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6. NOTICE OF CANCELLATION OF CONTRACT TO SELL:
SAMPLE FORM:REPUBLIC OF THE PHILIPPINES)CITY OF CEBU ) S.S.
NOTICE OF DELINQUENCY AND CANCELLATION OF CONTRACT TO SELL
MR. /MRS.______________________________________
This notice is being served to you in my capacity as Manager of XYZ Realty Development Corporation.
It appears that you have been in arrears in the payment of your installment on the Contract to Sell No. ____executed in your favor on ________, involving Lot No. 5, Block 6, XYZ Subdivision, with an area of 600 square meters, for the last __months, or more than 60 days grace period allowed by Republic Act No. 6552, we regret to advise you that, unless you make up for all your arrears within the next 30 days from receipt of this notice, all your rights will be deemed extinguished and terminated, and the aforementioned Contract to Sell declared, as it is hereby declared, cancelled and of no further effect.
____________________, Philippines
________________
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SELLER
SUBSCRIBED AND SWORN TO before me this__day of November 2006 at Cebu City, Philippines.
7. 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, more particularly described as follows:
(copy technical dexcription & Transfer Certificate of Title No.)
THAT FOR AND IN CONSIDERATION of the sum of _______PESOS (P______), Philippine Currency, in hand paid by the VENDEE A RETRO to the full satisfaction of the VENDOR A RETRO, the latter hereby SELLS, CEDES, AND CONVEYS by way of SALE WITH RIGHT TO REPURCHASE unto the VENDEE A RETRO, his heirs, and assigns, the above described real property;
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That said VENDOR A RETRO hereby reserves for himself, his heirs, successors or assigns, the right to repurchase the property subject matter of this contract by paying back, during a period of _____ years (not exceeding ten years) from the date hereof, delivering to the VENDEE A RETRO the purchase price herein agreed upon, together with all the expenses incident to the repurchase, and title to said property shall then pass to and become vested, absolutely and without reservation, in the VENDOR A RETRO, his heirs, successors and assigns for the said amount of _______PESOS (P________);
That should the VENDOR A RETRO fail to repurchase the above described property after the agreed period, the VENDEE A RETRO shall have all the right to institute the necessary proceeding for the full consolidation of ownership unto himself, under existing laws and jurisprudence.
That this parcel of land does not come under the operation of the Land Reform Code of the Phils. or the implementing circulars thereon.
IN WITNESS WHEREOF, the parties have hereunto set their hands this ___ day of _______, 2003 at the City of Lipa.
Signature of Vendee a Retro Signature o Vendor a Retro
WITNESSES: __________ __________
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ACKNOWLEDGMENT
8. AFFIDAVIT OF ADJUDICATION BY SOLE HEIR:
Reference:
RULE 74
SUMMARY SETTLEMENT OF ESTATESSECTION 1. Extrajudicial settlement by
agreement between heirs.—If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may, without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds. The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to himself by means of an affidavit shall file, simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the office of the register of deeds, a bond with the said register of deeds, 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. 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.
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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; but no extrajudicial settlement shall be binding upon any person who has not participated therein orhad no notice thereof.
SAMPLE FORM:
Republic of the Philippines)City of Cebu ) S.c.
AFFIDAVIT OF ADJUDICATION BY SOLE HEIR
I, ……….., of legal age, single, Filipino, and with residence at ______, after having been duly sworn to in accordance with law hereby depose and state:
1. I am the only son and sole heir of one_______, who died intestate on______ at______;
2. The said deceased left a parcel of land located at______, consisting of____square meters more or less, and more particularly described as follows:
(Description of Property)
3. The decedent left no debts, nor any Last Will and Testament;
4. Pursuant to Section 1 of Rule 74 of the Revised Rules of Court of the Philippines, I hereby adjudicate unto myself the parcel of land above-described and I hereby request the Register of Deeds of _______to register and render the same effective.
5. The above realty does not come under the operation of the Comprehensive Agrarian Reform Law.
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IN WITNESS WHEREOF, I have hereunto set my hand this__day of November 2004 at _________.
……………………….
SUBSCRIBED and SWORN TO BEFORE ME this__day of November 2004 at_____________.
9. EXTRAJUDICIAL SETTLEMENT OF ESTATE:
Reference:SECTION 1. Extrajudicial settlement by agreement between heirs.—If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may, without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition.
SAMPLE FORM:EXTRAJUDICIAL SETTLEMENT OF ESTATE
KNOW ALL MEN BY THESE PRESENTS:
WE, ( names of heirs and their respective personal circumstances),
WITNESSETH:
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We are the legitimate children and sole heirs of ____________, who died on_____at.
Said deceased died intestate, without a Will or Testament, and without any outstanding debts in favor of any person or entity.
The deceased left a parcel of land situated at………….covered by TCT No….of and more particularly described as follows, to wit:
( Description of Property)
Pursuant to Rule 74, Section 1 of the Revised Rules of Court of the Philippines, and both being with full capacity to contract, we do hereby adjudicate unto ourselves the land described above, in equal shares.
IN WITNESS WHEREOF, we have hereunto affixed our signatures……..
ACKNOWLEDGEMENT
10. EXTRA-JUDICIAL SETTLEMENT WITH SALE: [ NOTE: You can simultaneously execute an Extrajudicial Settlement and Absolute Sale]
EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH ABSOLUTE
SALE
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KNOW ALL MEN BY THESE PRESENTS:
WE, _______, of legal age, single/married to ____, with residence address at _____, and _______, of legal age, single/married to _____, with residence address at _____,
WITNESSETH:
That we are the legitimate children and sole heirs of the deceased _______ who died on ______ at _________, copy of his death certificate hereto attached as Annex "A";
That said deceased died intestate, without Will or Testament, and without any outstanding debts in favor of any person or entity;
That the deceased left a parcel of land situated at ______ covered by Transfer Certificate of Title No. ____ of the Register of Deeds of _______ and more particularly described as follows:
(copy technical description)
That pursuant to Rule 74, Sec. 1 of the Revised Rules of Court of the Philippines, and both being with full capacity to contract, we do hereby adjudicate unto ourselves the parcel of land described above, in equal shares.
That FURTHER, FOR AND IN CONSIDERATION of the sum of _______(P____), Philippine Currency, to us in hand paid to our entire satisfaction by _______, of legal age,
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single/married to ___ and with residence address at _____, we do hereby SELL, CONVEY and TRANSFER by way of ABSOLUTE SALE unto the said ________, his heirs, successors and assigns, all our rights and interests in the parcel of land described above;
That we hereby warrant our title unto the said ________ and that henceforth, he shall have exclusive right of ownership and possession over said parcel of land, free from all liens and encumbrances;
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.
IN WITNESS WHEREOF, - - -
Signature of Heir Signature of Heir
ACCEPTANCE OF SALE:
Signature of Buyer
SIGNED IN THE PRESENCE OF:
______________ ______________
ACKNOWLEDGMENT
11. EXTRAJUDICIAL SETTLEMENT WITH WAIVER:
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SAMPLE FORM:
EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF SHARE
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, executed by and between:……………………………....widow of ................................... and........................................... of legal age, single/married to.................. and resident of............................................................and..............of legal age, single/married to...................................... and resident of and................................................. of.......................legal age, single/married to............................. and resident of .............
WITNESSETH:
1. That the above-named parties are the widow and children and the sole heirs of the deceased...........................................who died on........................ at………………………….
2. That said deceased died intestate, without Testament and without leaving any debts whatsoever;
3. That said deceased left the following real properties which are all conjugal and owned in common with his wife, the herein..................................................................
(Description of Properties)
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4. That pursuant to Sec. 1, Rule 74 of the Revised Rules of Court of the Philippines, and the parties herein being all of age, they have agreed to divide as they do hereby divide and adjudicate, the real properties, above-described as follows
That they hereby affirm that they have executed the foregoing instrument out of their own voluntary free will without force, intimidation or violence upon their person, that they have hereby received their just and proper share and have no claim or demand against each other That I,...................................................for my part and FOR AND IN CONSIDERATION and of the sum of..........................................................(P....) Philippine Currency to me hand paid by my hereinabove named children to wit, ………………………........, ......................., and …………………....hereby TRANSFER AND CONVEY unto the said ............................and ..............., their heirs and assigns all the rights , interest, and participation in the above described , do hereby WAIVE my rights , interest and participation in the above-described real property in favor of all my children , namely;.........,....................................,........, and ....in like shares:
WITNESS MY HAND this .....day of ........ at……………..., …………......, ...................,.....,
WITNESSES:
(ACKNOWLEDGEMENT, FORM NO. 1)
12. PETITION TO CANCEL STATUTORY LIEN :
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Reference :
1. Rule 74, Section 1: …... 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.
2. SEC. 4. Liability of distributees and estate.—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, 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. And if within the same time of two (2) years, It shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, 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, and may issue execution, if circumstances require,. against the bond provided in the preceding section or against the real estate belonging to the deceased, or both. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate that may have been made.
3. P.D. 1529, Sec. 86. Extrajudicial settlement of estate.
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When a deed of extrajudicial settlement has been duly registered, 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. Upon the expiration of the two-year period and presentation of a verified petition by the registered heirs, devisees or legatees or any other party in interest that no claim or claims of any creditor, heir or other person exist, the Register of Deeds shall cancel the two-year lien noted on the title without the necessity of a court order . The verified petition shall be entered in the Primary Entry Book and a memorandum thereof made on the title. 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. The proof may consist of the certification of the publisher, printer, his foreman or principal clerk, or of the editor, business or advertising manager of the newspaper concerned, or a copy of each week's issue of the newspaper wherein the publication appeared.
SAMPLE FORM:
PETITION TO CANCEL STATUTORY LIEN
TO: THE REGISTER OF DEEDS CEBU CITY
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The undersigned petitioner, _______, after having been sworn in accordance with law, hereby state:
1. He is of legal age, a resident of _________and the registered owner of a parcel of land situated in_________ and covered by TCT No. 5678 issued by the Registry of Deeds of Cebu City, the owner’s duplicate of which is attached.
2. The above-mentioned Certificate contains an annotation of encumbrance relating to contingent liabilities of the property therein described to possible claims of heirs, creditors, and other persons who might have been deprived of lawful participation in the estate of the deceased______, in accordance with Section 4, Rule 74 of the Rules of Court, the encumbrance being annotated as per Entry No.____.
3. 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.
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WHEREFORE, petitioner prays of the Register of Deeds of _______to cancel the above-mentioned statutory lien or encumbrance on TCT No.
SGD. Petitioner
( NOTARIAL OATH)
13. LIS PENDENS:
Reference:
P.D. 1529
Sec. 76. Notice of lis pendens. - No action to recover possession of real estate, or to quiet title thereto, or to remove clouds upon the title thereof, or for partition, or other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon, and no judgment, and no proceeding to vacate or reverse any judgment, shall have any effect upon registered land as against persons other than the parties thereto, unless a memorandum or notice stating the institution of such action or proceeding and the court wherein the same is pending, as well as the date of the institution thereof, together with a reference to the number of the certificate of title, and an adequate description of the land affected and the
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registered owner thereof, shall have been filed and registered.
Sec. 77. Cancellation of lis pendens. - Before final judgment, a notice of lis pendens may be cancelled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered. It may also be cancelled by the Register of Deeds upon verified petition of the party who caused the registration thereof. At any time after final judgment in favor of the defendant, 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, in any case in which a memorandum or notice of lis pendens has been registered as provided in the preceding section, 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 _______________
Please be notified that on _______________, 2004 the plaintiff in the above-entitled case filed an action, now pending for trial in the Regional Trial
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Court of ___________________, for (state the nature of action) of certain parcels of land against the defendant_________________, which parcels of land are situated in __________________, and more particularly described as follows:
(description of property)
A copy of the Complaint is attached to this Notice as ANNEX “A”.
You are, therefore, requested to record this notice of the pendency of the above-mentioned action, at the back portion of the title to above-described property, for all legal purposes.
Cabanatuan City, _________________, 2004.
Counsel for Plaintiff
(Address, IBP No. & Roll No.)
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, the undersigned who caused to be registered a Notice of Lis Pendens affecting the real property covered by OCT No. , entered on _________, respectfully petitions that the same be cancelled in the manner provided by law, and considred witdrawn.
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Cabanatuan City, _________________, 2004.
VERIFICATIONOATH
( NOTE: THIS FORM PRESUPPOSES THAT THERE IS AN AMICABLE SETTLEMENT, OTHERWISE, CANCELLATION OF NOTICE OF LIS PENDENS SHALL ONLY BE DONE PURSUANT TO AN ORDER FROM THE COURT)
14. ADVERSE CLAIM:
Reference:
Sec. 70. Adverse claim. - Whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may, if no other provision is made in this Decree for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed. The statement shall be signed and sworn to, and shall state the adverse claimant's residence, and a place at which all notices may be served upon him. This statement shall be entitled to registration as an adverse claim on the certificate of title. The adverse claim shall be effective for a period of thirty days from the date of registration. After the lapse of said period, the annotation of adverse claim may be cancelled upon filing of a
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verified petition therefor by the party in interest: Provided, however, that after cancellation, no second adverse claim based on the same ground shall be registered by the same claimant. Before the lapse of thirty days aforesaid, 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, 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. If the adverse claim is adjudged to be invalid, the registration thereof shall be ordered cancelled. If, in any case, the court, after notice and hearing, shall find that the adverse claim thus registered was frivolous, it may fine the claimant in an amount not less than one thousand pesos nor more than five thousand pesos, in its discretion. Before the lapse of thirty days, the claimant may withdraw his adverse claim by filing with the Register of Deeds a sworn petition to that effect.
SAMPLE FORM:
NOTICE OF ADVERSE CLAIM
I, _________________, after having been sworn according to law, hereby declare:
1. I have a legitimate claim adverse to the registered owner, arising subsequent to the date of the original registration and for
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which no provision other than Section 70 of P.D. 1529 may be invoked for registering the same, affecting that certain real property covered by OCT No. ____________, in the name of _____________and more particularly described as follows:
( DESCRIPTION OF PROPERTY)
2. My adverse claim consists of certain rights and interests in the above-described property, which are specifically set forth as follows:
3. My residence and postal address is at _______, to which all notices directed to me may be served.
WHEREFORE, I hereby petition the Register of Deeds to register my above adverse claim in the manner provided by law, 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. 496.
_______________, Philippines.
ADVERSE CLAIMANT
( NOTARIAL OATH)
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15. PETITION TO CANCEL ADVERSE CLAIM:
SAMPLE FORM:
Republic of the PhilippinesREGIONAL TRIAL COURT
7th JUDICIAL REGIONBranch__Cebu City
PETITIONER
Vs.
RESPONDENT
X---------------------------------------/
PETITION TO CANCEL ADVERSE CLAIM
PETITIONER, by counsel, to this Court, states:
1. Petitioner is of legal age, Filipino, and with residence at___________, while respondent is also of legal age, Filipino, and with residence at____________.
2. Petitioner is the absolute owner of a parcel of land situated in Cebu City with an area of _____and covered under TCT No._____, which is more particularly described as follows:
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3. On ______, respondent registered a Notice of Adverse Claim on said TCT No.____, 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.
4. The adverse claim is spurious and the alleged seller is fictitious, 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. 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, which caused plaintiff damages of P500,000.000 plus attorney’s fees of P100,000.00, which should be adjuded against the respondent.
WHEREFORE, petitioner prays that the notice of adverse claim in TCT No.____ be ordered cancelled and declared void and that respondent be ordered to pay the amount of damages above-stated.
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
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16. THIRD PARTY CLAIM OVER PROPERTY LEVIED BY SHERIFF
REFERENCE:
SEC. 16. 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, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer making the levy and a copy thereof upon the judgment obligee, the officer shall not be bound to keep the property, unless such judgment obligee, on demand of the officer, 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. In case of disagreement as to such value, the same shall be determined by the court issuing the writ of execution. 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.
The officer shall not be liable for damages for the taking or keeping of the property, to any third-party claimant if such bond is filed. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action, 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.
When the writ of execution is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or levying officer is sued for damages as a result of the levy, he shall be represented by the Solicitor General and if held liable therefor, 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. (17a)
SAMPLE DOCUMENT:
REPUBLIC OF THE PHILIPPINES)
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City of Cebu )
AFFIDAVIT OF THIRD PARTY CLAIMANT
I, ___________________________, of legal age, single/married, and a resident of _____________________, being first sworn to in accordance with law, depose and state:
I am the true, lawful and absolute owner of that certain property, now in the possession of ___________________, 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__, a copy of which is attached .
The value of the above described property is P_______________;
I hereby claim said property as my own, being entitled to its ownership and possession.
I execute this affidavit in order to make known my claim pursuant to Section__, Section 39 of Rule 39 of the Rules of Court.
Cebu City, __________________, 2004.
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