DEED

(EASEMENT ROAD RIGHT of WAY)

KNOW ALL MEN BY THESE PRESENTS:

This Deed is made and entered by and between:

The CITY GOVERNMENT OF TACLOBAN, a local government under

and by virtue of the laws of the Republic of the Philippines with principal office at
Kanhuraw Hill 6500, Tacloban City, as herein represented by HON. CRISTINA G.
ROMUALDEZ in her capacity as City Mayor of Tacloban City, hereinafter referred
to as GRANTOR,

-in favor of-

JOEL PAGAD, JHONALYN BACAY, GORGONIA MIA, GERALDINE

ARICA and ESTRELLA PARTOZA all of legal age, Filipinos, residents of Brgy.
96, Calanipawan, Tacloban City, hereinafter referred to as GRANTEES,

WITNESSETH THAT:

WHEREAS, the GRANTEES are owners of properties located at Lolita

Village in Brgy. 96, Calanipawan, Tacloban City;

WHEREAS, these properties are surrounded by other immovables owned by

other persons and without adequate outlet to a public highway;

WHEREAS, under Article 649 of the Civil Code,

The owner, or any person who by virtue of a real right may

cultivate or use any immovable, which is surrounded by other
immovables pertaining to other persons and without adequate outlet
to a public highway, is entitled to demand a right of way through the
neighboring estates, after payment of the proper indemnity.

Should this easement be established in such a manner that

its use may be continuous for all the needs of the dominant estate,
establishing a permanent passage, the indemnity shall consist of the
value of the land occupied and the amount of the damage caused to
the servient estate.

In case the right of way is limited to the necessary passage

for the cultivation of the estate surrounded by others and for the
gathering of its crops through the servient estate without a
permanent way, the indemnity shall consist in the payment of the
damage caused by such encumbrance.

This easement is not compulsory if the isolation of the

immovable is due to the proprietor's own acts.

WHEREAS, the GRANTOR owns a parcel covered by TCT No. T-54856

which is adjacent to the above-described properties of the GRANTESS;
 Page 2 of 6
Deed of Easement of Road Right of Way
City Property in Lolita Village, Tacloban City

WHEREAS, the said property of the GRANTOR is particularly described as

follows:

A parcel of land designated as lot 1, Block 15 of the consolidation

subdivision of Pcs-08-000538-D, being a portion of lots 1-8, Block II, 1-10,
Block III, 1-6, Block IV, 1-10, Block V, Road lots 1-3, Psd-083747-007768-
D and lot 2971-A to 2971-F, Psd-083747-007736-B, situated in the Barangay
Calanipawan, City of Tacloban, Province of Leyte, Island of Leyte, Bounded
on the:

NW., along line 1-2 by lot 2970, Cad. 220; on the

NW., along line 2-3 by lot 2968, Cad. 220; corner 4 is
common to lot 2967, Cad. 220; on the
NE., along line 4-5 by lot 2963, Cad. 220; on the
SE, along line 5-6 by lot 46, Block 10;
along line 6-7-8 by Road 10 (6.50 m. wide); on the
SW., along line 8-1 by lot 49, Block 9 all of this subdivision.

Beginning at a point marked 1 on plan being S 79 deg. 08 E., 359.43

m. from BLLM # 8, Cad. 220.

thence N 5 deg. 21 e., 4.78 m. to point 2;

thence N 3 deg. 48 W., 16.33 m. to point 3;
thence N 74 deg. 21 E., 11.42 m. to point 4;
thence S 34 deg. 52 E., 18.97 m. to point 5;
thence S 55 deg. 05 W., 9.00 m. to point 6;
thence S 55 deg. 09 W., 5.86 m. to point 7
thence S 5 deg. 09 W., 5.86 m. to point 8;
thence N 84 deg. 39 W., 9.00 m. to point of

beginning , containing an area of THREE HUNDRED SIXTY FIVE (365)

SQUARE METERS, more or less. All points referred to are indicated on
plan and marked on the ground as follows: Points 1, 5, 6, 7, 8 are P.S. cyl.
conc. mons. 15x40 cm. and the rest are Old points; Bearings True: Date of
Original Survey on February 5, 1927. Date of the consolidation subdivision
survey on December 31, 1996 by Geodetic Engineer Romulo M. Hilvano.
date of approval by the OIC, Regional Technical Director, DENR, LMS,
Region 08, Tacloban City on April 3, 1997.

WHEREAS, in order for the GRANTEES to have an access to and from

their properties, to have an outlet to the nearest public road and least burdensome to
the GRANTORS above-described property, to promote general welfare to the
populace, and for this purpose, an easement of road right of way as path or
passageway is established;

NOW THEREFORE, in consideration of the foregoing declarations, the

parties agree to the following terms and conditions:

1. A three (3) - meter easement of road right of way shall be granted in favor
of the GRANTEES over the property of the GRANTOR covered by TCT No. T-
54856 (LOT-1-A; PSD-08-030594-D) and which is particularly described as follows:
 Page 3 of 6
Deed of Easement of Road Right of Way
City Property in Lolita Village, Tacloban City

A parcel of land designated as lot 1-A, PSD-08-030594-D, being a

portion of lot 1, block 15, Pcs-08-000538-D, situated in Brgy. Calanipawan,
City of Tacloban, Province of Leyte, Island of Leyte.

Bounded on the West along line 1-2 by lot 2968-B, Psd-08-028137-D;

on the NE along line 2-3 lot 1-C of this subdivision; on the SE along lines 3-4
by Road 10 (6.50 m. wide); on the SW along line 4-1 by lot 1-B of this
subdivision.

Beginning at a point marked 1 on plan being S. 79-54E, 359.00

meters from B.L.L.M. No. 8, Cad. 220.

thence N 03 deg. 48 W 3.04 m. to point 2;

thence S 61 deg. 46 E 12.77 m. to point 3;
thence S 55 deg. 09 W 3.00 m. to point 4;
thence N 61 deg. 13 W 9.80 m. to point of

beginning. Containing an area of THIRTY (30) square meters. All points

referred to are indicated on plan and marked on the ground as follows:
Points 2 and 3 are PS cyl. Conc. Mons. 15x50 cm and the resy are Old
Points. Bearings: True; This sudvision was surveyed on May 5, 2013 by
Geodetic Engineer Danilo G. Demillo and was duly approved on September
6, 2013 by the OIC Regional Technical Director, LMS, DENR, Region VIII,
Tacloban City.

2. The said easement shall be wholly, directly and exclusively enjoyed by the
GRANTEES as only a path or passageway and for no other purpose;

3. The GRANTEES agreed and in fact had already jointly and severally paid
the sum of One Hundred Four Thousand Four Hundred Thirty Four Pesos and
Fifty centavos (P104,434.50) as an indemnity to the GRANTOR as evidenced by
Official Receipt No. 7662301 dated 19 July 2017. The same shall redound to the
benefit of the GRANTOR;

4. The GRANTEES shall be responsible for the maintenance and

preservation of the above-described easement;

5. The GRANTEES may introduce any improvement on the easement except

to fence the same or any alteration that will prevent the use of the other people of
the lot subject to the easement, and it will inure to the benefit of the GRANTOR
upon the termination of this agreement;

6. This easement of road right of way may also be utilized by anyone anytime
as a road, street, route and way;

7. The GRANTEES shall cause and pay the necessary expenses, charges,
taxes and pays relative to the notarization and proper registration, recording and
annotation of this easement with the Registry of Property;
 Page 4 of 6
Deed of Easement of Road Right of Way
City Property in Lolita Village, Tacloban City

8. Aside from the modes of extinguishment of easements enumerated under

Section 4, Title VII, Book II of the Civil Code, any of the following shall cause for
the termination of this easement:

a. When the GRANTEES find an adequate outlet to a public highway;

b. When any of the GRANTEES fail to comply or violate any of the

terms and conditions herein set forth;

9. In case any ground for the termination of this agreement arises, any party
who acquires knowledge of such ground shall notify the other party or all the
signatories within ten (10) days from the knowledge thereof. Failure to observe this
obligation shall cause for the termination of the easement immediately; and,

10. This agreement shall be binding between and among the parties and upon
all their heirs, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this ____ day of ________________ in Tacloban City, Philippines.

CITY GOVERNMENT OF TACLOBAN

GRANTOR

represented by:

HON. CRISTINA G. ROMUALDEZ

City Mayor

ESTRELLA PARTOZA JHONALYN BACAY

GRANTEE GRANTEE

GERALDINE ARICA GORGONIA MIA JOEL PAGAD

GRANTEE GRANTEE GRANTEE

Signed in the presence of:

Atty. MARIE RONETTE SALVE E. BARREDA ____________________________

 Page 5 of 6
Deed of Easement of Road Right of Way
City Property in Lolita Village, Tacloban City

ACKNOWLEDGMENT

Republic of the Philippines )

City of Tacloban )s.s.
x---------------------------------x

BEFORE ME, Notary Public for Tacloban City, this

____________________ personally appeared:

1.) Hon. Cristina G. Romualdez ______________________

known to me to be the same person who executed the foregoing instrument and she
acknowledged to me that the same is her own free act and deed.

This instrument consists of six (6) pages including this page on which this
acknowledgment is written, and has been signed on the left margin of each page
thereof by the parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc No. ___

Page No. ___
Book No.___
Series of 2017.
 Page 6 of 6
Deed of Easement of Road Right of Way
City Property in Lolita Village, Tacloban City

ACKNOWLEDGMENT

Republic of the Philippines )

City of Tacloban )s.s.
x---------------------------------x

BEFORE ME, Notary Public for Tacloban City, this

____________________ the following personally appeared:

1.) Estrella Partoza ______________________

2.) Jhonalyn Bacay ____________________
3.) Geraldine Arica ____________________
4.) Gorgonia Mia ____________________
5.) Joel Pagad ____________________

all known to me to be the same persons who executed the foregoing instrument and
they acknowledged to me that the same is their own free act and deed.

This instrument consists of six (6) pages including this page on which this
acknowledgment is written, and has been signed on the left margin of each page
thereof by the parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc No. ___

Page No. ___
Book No.___
Series of 2017.