Escolar Documentos
Profissional Documentos
Cultura Documentos
ANNULMENT OF CONTRACT
Branch 12
Quezon City
for:Annulment of Contract
-versus-
x-----------------------------------------x
COMPLAINT
COMES NOW, the plaintiff together with the undersigned counsel to this most honorable court,
MOST RESPECTFULLY STATES THAT;
1. The Plaintiff is of legal age, married, residing at 71 St. UP Village, Quezon City. The
Defendant is likewise of legal age, single and currently residing at 123 Manggahan,
Commonwealth, Quezon City.
3. Plaintiff’s son, Jali Bee Jr. is a 17-year old high school student and knows the
defendant personally for defendant is a constant companion of plaintiff during their
drinking sprees.
4. Sometime in August 2016, plaintiff saw defendant driving his 1970 Honda Nighthawk
motorcycle. Curious as to why defendant is in possession of motorcycle, plaintiff asked
defendant about the matter. Defendant said he bought the motorcycle from plaintiff’s
son, even presenting a Deed of Sale, attached herein as “Annex B” as proof of such
transaction.
5. Overwhelmed by the events, plaintiff confronted his son and asked if he indeed sold
the motorcycle to defendant, to which his son answered positively. Asking why he sold
the motorcycle, plaintiff’s son did not reply
6. Plaintiff pleaded that the motorcycle be returned as he is willing to return the money
paid by defendant in purchasing the motorcycle. But to no avail, his plea went unheard
and defendant continues using the motorcycle until the present time.
7. That the wilful disregard of the defendant, knowing that plaintiff’s son is a minor and
cannot validly enter into a contract has caused injustice to the plaintiff;
8. That as a consequence, the Plaintiff was compelled to institute the instant action
against defendant. Complaint now filed to annul the sale made wilfully and maliciously
by the defendant.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgement be rendered in favor of the plaintiff and that after judgement;
a. The contract of sale be lawfully annulled and motorcycle be returned to plaintiff, the
original registered owner.
b. That the defendant be ordered to pay for the Attorney’s Fees and other damages.
C. Such other reliefs and remedies under the premises are likewise prayed for.
Hanamichi Sakuragi
PTR No.87765431:1-04-07:B.C.
IBP No,654321:1-04-07:B.C.
Quezon City
VERIFICATION AND CERTIFICATION
I, Jali Bee, of Legal age, married, Filipino Citizen and a resident of UP Village, Quezon City
after being sworn according to law, hereby depose and state that;
3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake
to report that fact within five (5) days therefrom to this Honorable Court.
Jali Bee
Complainant
In witness thereof, I, Mr. Hanamichi Sakuragi, counsel of the plaintiff, have hereunto set my
hand this 4th day of September 2016 at Quezon City.
Hanamichi Sakuragi
PTR No.87765431:1-04-07:B.C.
IBP No,654321:1-04-07:B.C.
Quezon City
2. LEASE OF RESIDENTIAL HOUSE
LEASE AGREEMENT
This Lease Agreement made and entered into this 31st day of January 2019 at Batangas
City, Philippines by and between spouses JUAN PEREZ and JUANA PEREZ, Filipino citizen, of legal
age and residing at Alangilan, Batangas City hereinafter referred to as the LESSOR.
And Mr. Danilo D Fabros, both of legal age, Filipino and residing at 2149 Elias St. Sta
Cruz, Manila hereinafter referred to as the LESSEE.
WITNESSETH
WHEREAS THE LESSOR is the owner of the residential house located at St. Peter’s
Subdivision, Batangas City; the LESSEE desires to lease and the LESSOR agrees to lease at let unto
the LESSOR the above residential house.
NOW, THEREFORE for and in consideration of the mutual covenants and stipulations
hereinafter set forth, the LEESSOR agrees to lease the apartment unit mentioned above under the
following terms and conditions:
1. Period of Lease. That the term of this lease shall be initially for one (1) year starting
01 March 2019 up to 29 Feb 2020 and renewable only upon the mutual agreement
of the parties;
2. Monthly Rental. That the rental fee shall be Six Thousand Five Hundred pesos
(P6,500.00) per month payable two (2) weeks after payment of the Five Thousand
Pesos (P5,000) reservation fee and during the FIRST day of every month thereafter
without the necessity of express demand for the succeeding months.
3. Deposit. That upon signing of this contract, the LESSEE shall pay by way of deposit the
equivalent of two months rental or the sum of Thirteen Thousand Pesos (P13,000)
refundable one month after termination of the contract, net of payment of any rental
arrears, payment for any property damages and restorative repair and other expenses
(electricity or water bills) that the LESSEE may owe the LESSOR.
4. Grounds for Default. Any default shall be cause for the rescission or termination of
this Contract, without prejudice to any legal action. Non-payment of rental and any
other violation of the Contract terms shall be ground for default.
5. Termination of Contract. Should the LESSEE fail to pay the stipulated rental for ten
(10) days, the LESSOR may rescind this contract, as well as extra judicially repossess
the premises, padlock the same, and exercise a LESSOR’S lien over all movables found
within the leased premises without the risk of liability therefore. In such event, the
LESSEE will acknowledge that no cause of action shall arise against the LESSOR.
6. Late Payment. LESSEE will be given a one (1) day grace period if monthly rental is not
paid on time. Exceeding delay will be charged of P100 per day for three (3) days and
succeeding delay after three (3) days will be P200 per day as penalty.
7. Improvements. The LESSEE shall not make any changes, alterations, or improvements
in the leased house without the written consent of the LESSOR. However, any major
alterations or improvements made or introduced by the LESSEE in the leased house
with the consent of the LESSOR, shall upon the termination of the contract
automatically insure to the benefit of the leased house and become the property of the
LESSOR without any obligation on the LESSOR’S part to refund its value of the cost to
the LESSEE.
8. Should it prove necessary for the LESSOR to seek redress from the LESSEE through
appropriate judicial or administrative action, the LESSEE shall agree that any and all
costs, fees, and legal expenses inclusive of attorney’s fees shall be borne by the LESSEE.
IN WITNESS THEREOF, the parties have hereunto affixed their signature on this _______ day
of __________________________ at Batangas City, Philippines.
_________________________________________ _________________________________________
LESSOR LESSEE
_______________________________________ __________________________________________
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the Province of Batangas, this ________ day of March
2019, at the City of Batangas, personally came and appeared the above-named persons known to
me and to me known to be the same person who executed the foregoing instrument and he
acknowledged to me that the same is his free and voluntary act and deed.
This instrument refers to the LEASE AGREEMENT consisting of four (4) pages including
this page where this acknowledgement is written signed by the parties and their instrumental
witnesses.
WITNESS MY HAND AND SEAL on the date and place first above written
– and –
WITNESSETH:
Bounded on the North by No. 1800; on the East by No. 1794; on the South by No. 1794; and
on the West by No. 1794; with an area of ________ square meters, more or less. THAT the SELLER
does hereby declare that the boundaries of the foregoing land are visible by means of (monuments,
creeks, trees, etc.); that the permanent improvements existing thereon consist of ____________. (If
none, state so.), bearing the latest Tax Declaration ARP no. 06-14005-00659 and that the property
is in present possession of the SELLER.
THAT the SELLER hereby covenants and agrees with said BUYER that he/she is a lawfully
seized in fee of said premises, that the property is free and clear of all liens and encumbrances, that
he/she has a perfect right to convey the same, and that he/she will warrant and forever defend the
same unto said BUYER, his/her heirs and assigns against the lawful claims of third persons
whomsoever;
THAT the property involved herein having not been previously registered under the Torrens
system, the parties hereto have agreed to record this instrument under the provisions of Act 3344,
as amended by Sec. 113 of P. D. 1529.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at the place first
above written, on this ______ day of _____________, 20 ___.
___________________________ ____________________________
Seller Buyer
(ID) NO. ________ (ID) No.________
IN WITNESS WHEREOF, I have hereto set my hand and affixed my notarial seal, on the day,
year, place above written.
Name:_______________________
Notary Public for(Municipality)
Appointment No.___ until (date/year)
Roll of Attorneys No.________
PTR No.______; (date/ year/place
issued)
IBP No.______; (date/ year/place issued)
Serial No. of Commission __________
Doc No. _______
Page No. _______
Book No. _______
Series of 20 _______
4. DEED OF SALE OF LARGE CATTLE
That, I, Judielle Agcaoili, of legal age, Filipino, single, and with address at 16 D. Tuazon St., Quezon
City FOR AND IN CONSIDERATION OF THE SUM OF Two Hundred Thousand Pesos (P200,000.00) paid by
Kevin Cruz likewise Filipino, of legal age, single, and with address at 12 Veto Cruise Street, Manila, have
sold, transferred, and conveyed, and by these presents do hereby SELL, CEDE, and TRANSFER unto the
said Kevin Cruz, her heirs and assigns, one (1) Australian Brangus cow, described as follows:
As shown in the Certificate of Ownership No. 1234 issued in the Municipality of Pagbilao, Province of
Quezon.
IN WITNESS WHEREOF, we have hereunto affixed our hands this 27th day of November, 2014 at the City
of Manila.
Vendor Vendee
WITNESSES:
I. I desire that should I die, it is my wish to be buried according to the rites of the
Roman Catholic Church and interred at our family mausoleum in Manila;
II. To my beloved wife _____name of wife_____, I give and bequeath the following
property to wit:_________________________ ;
VII. I hereby direct that the executor and administrator of this Last Will and Testament
or his substitute need not present any bond;
VIII. I hereby revoke, set aside and annul any and all of my other will or testamentary
dispositions that I have made, executed, signed or published preceding this Last Will
and Testament.
6. TREASURER’S CERTIFICATE/AFFIDAVIT
TREASURER'S AFFIDAVIT
PROVINCE OF LA UNIO )
That I have been elected by the subscribers of the corporation as Treasurer thereof, to act as
such until my successor has been duly elected and qualified in accordance with the by-laws of the
corporation, and that as such Treasurer, I hereby certify under oath that at least 25% of the authorized
capital stock of the corporation has been subscribed and at least 25% of the subscription has been paid,
and received by me in cash/property for the benefit and credit of the corporation.
This is also to authorize the Securities and Exchange Commission to examine and verify the
deposit in the
in my name as treasurer in trust for SUDIPEN POTTERY, INC. in the amount of SIX HUNDRED TWENTY
FIVE THOUSAND PESOS ( P 625,000.00 ) representing the paid-up capital of the said corporation which
is in the process of incorporation. This authority is valid and inspection of said deposit may be made
even after the issuance of the Certificate of Incorporation to the corporation. Should the deposit be
transferred to another bank prior to or after incorporation, this will also serve as authority to verify and
examine the same. The representative of the Securities and Exchange Commission is also authorized to
examine the pertinent books and records of accounts of the corporation as well as all supporting papers
to determine the utilization and disbursement of the said paid-up capital.
In case the said paid-up capital is not deposited or withdrawn prior to the approval of the
articles of incorporation, I, in behalf of the above named corporation, waive our right to a notice and
hearing in the revocation of our Certificate of Incorporation.
TRICIA LEI M. ONGPIN
Treasurer
at Sudipen, La Union, Philippines, affiant exhibiting to me his/her PRC ID No. 123695 issued at PRC –
Baguio City on November 11, 2015.
NOTARY PUBLIC
Series of 20 ______.
7. CONTRACT TO SELL
CONTRACT TO SELL
This CONTRACT TO SELL, made and executed this ____ day of _________, 20__
by and between:
-AND-
WITNESSETH;
c) In case the check representing the payment for the balance provided in
paragraph b hereof, is dishonored by the drawee bank, the earnest money in
the amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, shall
be forfeited in favor of the SELLER/VENDOR.
2. Capital Gains Tax and Real Estate Tax, shall be for the account of the
SELLER/VENDOR;
5. Upon full payment of the total price, the SELLER/VENDOR shall sign and
execute a DEED OF ABSOLUTE SALE in favor of the BUYER/VENDEE. The
SELLER/VENDOR shall likewise execute and/or deliver any and all
documents, including but not limited to the original copy of Transfer
Certificate of Title, Tax Declaration and all other documents necessary for the
transfer of ownership from SELLER/VENDOR to the BUYER/VENDEE.
(SELLER/VENDOR) (BUYER/VENDEE)
Name Name
________________________ _________________________
Name of Seller/Vendor's Spouse Name of Buyer/Vendee's Spouse
__________________________ ____________________________
ACKNOWLEDGMENT
This instrument, consisting of ___ page/s, including the page on which this
acknowledgment is written, has been signed on the left margin of each and
every page thereof by the concerned parties and their witnesses, and sealed
with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place
above written.
Notary Public
August 9, 2019
CAPT. XYZ
President
Dear Sir:
We are pleased to confirm our availability to act as your retained legal counsel for you and to
your business under the following terms and conditions.
1.2. To study and review, legal documents and instruments which may be
required by your good selves, in the ordinary/normal course of any business
undertaking and/or its operations, except those which require extensive research &
documentation;
1.3. To handle and expedite collection of accounts though legal or judicial process (i.e.
legal collection services) whether or not in connection with any of your respective
business;
1.4. To handle Litigation of any civil, criminal or administrative case;
1.5. Appearance before any court or tribunal, as well as any work or assignment to
be undertaken outside the Metro Manila area or in provincial areas subject to the next
item hereunder;
1.6. In general, to render such legal services as may be required by your good selves
or any of your officers or directors on matters concerning your operations/cases in the
Philippines;
2.2. For Labor Cases involving your principals, we will enter into another form of
mechanism outlining our schedule of fees.
2.3. For other cases (criminal/civil or administrative) involving your company, we will
likewise enter into another form of mechanism outlining our schedule of fees.
3. Out of the pocket expenses/Deposit for Expenses. Subject to prior approval, all out-
of-pocket expenses in connection with our services shall be for your account and which shall be
assessed or itemized separately. This includes (but are not limited to) telephone charges,
facsimile, cable charge, document reproduction, filing fees and other court/legal fees, cost of
transcript of stenographic notes, and representation expenses. For this purpose, we shall
assess you for an initial deposit of _______________________ (Php_________) to defray the
above costs, and subject to a detailed accounting thereof and submitted to you at an agreed
schedule.
4. Conflict of Interests. The rules of legal ethics prevent us from accepting engagements
involving litigation of cases or issues adversary to those of other retainer clients of or those we
have previously served or represented, with respect to similar set of facts & circumstances.
Sometimes the existence of an actual or potential conflict of interest may not be readily
discernible at the time we accept a specific engagement from a retainer client. Thus, we
reserve the right to withdraw from such engagement should conflict of interest develop or
become apparent.
5. Lawyer in charge. The lawyer primarily responsible/in-charge of your account will be Atty.
XXX. We suggest that all matters be referred to or coursed directly through him to
facilitate/expedite all communications and requirements.
6. Effectivity. Our agreement shall be effective on the date of signing hereof, and shall
remain in force for the duration of the said project, unless sooner terminated and/or renewed
by mutual agreement.
We customarily send our billing statement on or before the 5th of each month.
Should you find the foregoing acceptable, kindly indicate your conformity by affixing
your signature on the space herein provided below, and on the left hand margin of every page
hereof, Thereafter, may we request you to return to us one copy for our records.
Thank you and we look forward to a mutually beneficial relationship between us.
ATTY. XXX
With my conformity:
_____________________________
CAPT. XYZ
Date: __________
10. AFFIDAVIT OF MERIT
AFFIDAVIT OF MERIT
I, ABC123, Filipino, of legal age, and resident of
________________________, do hereby depose and state:
3. I have read the allegations contained therein and I hereby state that
the same is true and correct of my personal knowledge and based on
authentic records;
5. The reason for my failure to proceed with the necessary steps for my
case was due to the fact that my counsel, Atty. XXX is observing
fasting from May 17 to June 15, 2019 as the holy month of
Ramadhan. As a Muslim, my counsel is fasting from dawn until
sunset. He is likewise refrained from consuming food and drinking
liquids in between dawn and sunset. The magnitude of the rituals
that we are observing in increasing remembrance of Allah during
this Holy Month and the difficulty of appearing in Court in that early
morning could not be given more emphasis;
ABC123
Affiant
- and –
WITNESSETH;
_______________________ _______________________
ID No. ________________ ID No. ________________
ACKNOWLEDGMENT
DEED OF SALE
-And-
WITNESSETH That:
WHEREAS, the SELLER has offered to sell, transfer, cede and convey
the Property including all their rights and interest over the Property and the
BUYER has agreed to purchase.
1. Earnest Money. The BUYER agrees to pay the SELLER an amount of Five
Hundred Thousand Pesos (Php500,000.00) as Earnest Money, which
shall be deducted from the total purchase price, upon the signing of this
Contract and other pertinent and necessary documents related to this
transaction.
2. Remaining Balance. The Remaining Balance shall be paid by the BUYER
within a period of six months equivalent to Two Hundred Fifty Thousand
Pesos (Php250,000.00) per month.
PROVIDED FURTHER: Upon the execution of this Deed of Sale, the BUYER will
acquire good and valid title to the Property free and clear of any and all claims,
mortgages, liens, encumbrances, charges and assessments, however, the Property is
transferable only to the name of the BUYER including its actual possession upon the
completion of the installment payment of the BUYER.
3.1 Original Owner’s copy of the Transfer Certificate Title No. issued
by the Registry of Deeds of;
3.2 Certified True Copy of the Tax Declarations of the Property and
copies of updated real property tax receipts under the name of
SELLER;
3.3 Latest Certified True Copy of Tax Clearance Certificate of the
Property issued by the Assessor’s Office under the name of the
SELLERS;
3.4 Affidavit of Non-Tenancy and Certificate of No Improvement;
3.5 Latest Approved Survey Plan from relevant government agencies
including Department of Environment and Natural Resources,
Land Management bureau, and Registration Authority and other
Government agencies;
3.6 Irrevocable Special Power of Attorney authorizing the BUYER or
any of its authorized representative/s to convert, use and/or
develop the PROPERTY, to secure or otherwise obtain necessary
licenses/permits from the appropriate government agencies and
the right to sell, convey, cede and transfer to third party;
3.7 Other necessary documents, instruments and information shall be
submitted to the BUYER in compliance to the conditions of this
agreement.
4.1 The SELLER has the full power and authority to enter into this
Deed, to sell, convey and transfer their legal and actual right over
the Property and perform the obligations herein and to
consummate the transaction. The SELLER has entered into this
Contract freely and voluntarily;
4.2 The SELLER has a legal, valid and marketable title and right to
the Property, free and clear of any liens, encumbrances,
preferential rights, right of first refusal, security interest and other
similar or analogous rights and interest;
4.3 There are neither other transactions nor pending registration with
the Registry of Deeds to where the Property is situated that will or
could adversely affect the rights of the BUYER over the Property;
4.4 There are no other persons or entities claiming any rights, title or
interests of whatever nature, over the Property or any portion
thereof and that there is no action suit or proceeding at law or in
equity before any judicial or administrative body or court or
agency, pending or affecting the Property having a material
adverse effect on the validity or enforceability of this contract or on
the ability of the SELLER to perform his obligations therein;
4.5 There are no other tenants, claimants, intruders, occupants and
squatters who can be found within the Property. SELLER further
warrants that she shall remove or shall cause to remove
permanently from the PROPERTY all the tenants who may be
found inside the property upon the execution of this contract; and
4.6 The SELLER undertakes to cooperate with the BUYER, its assigns
and/or successors-in-interest to perform whatever task/s that
need/s to be done/perform and provide all necessary documents
in order to ensure the fast and effective transfer of the Property in
the name of the BUYER;
Consequently, the BUYER represents and warrants that it has the full
power and authority to enter into this Deed, to perform the obligations herein
and to consummate the transaction contemplated herein.
Section 6. Indemnity. SELLER shall indemnify and hold the BUYER free
and harmless from and for any form or nature of liabilities which the BUYER
may be made liable for any claims, issues, demands, or by final judgment as a
result of, or in connection with the purchase and possession of the
PROPERTY"
7.1 To withhold the payment of any amount due to the SELLER until
such impediments shall have been resolved.
7.2 To rescind this Contract to Sell, Deed of Absolute Sale and any
other related documents entered into between the parties upon
written notice without the need of judicial intervention plus
payment of costs plus damages and interests over period of time
suffered by the BUYER.
7.3 The BUYER shall have the option to proceed or continue with this
Deed to be executed despite any breach by the SELLER subject to
payment by the latter of the corresponding damages and all other
costs and expenses suffered by the BUYER or equivalent to ten
percent (10%) of the Purchase Price, whichever is higher.
Section 10. Dispute Resolution and Venue. Any dispute arising out or
in connection with this Contract shall first be dealt with through amicable
settlement between the authorized representative and/or both PARTIES who
shall have authority to settle the same. If the matter is not resolved by
amicable settlement or negotiation, the parties shall attempt to resolve the
dispute in good faith through arbitration. Should arbitration fail to resolve the
dispute, each of the PARTIES irrevocably consents to the exclusive jurisdiction
of the courts of Makati City with respect to any action or proceeding relating to
this Contract. If as a result of or in connection with this Contract, any of the
Party is forced to litigate, the Party in default shall pay the aggrieved party
attorney’s fees in the amount of FIVE HUNDRED THOUSAND PESOS (Php
500,000.00) or ten percent (10%) of the claim, whichever is higher plus other
litigation costs and expenses.
Section 11. Confidentiality Clause. “Confidential Information” shall
include this Contract and all its annexes thereto and all documents, papers
and information or material that has or could have commercial value or other
utility in this Contract To Sell, Deed of Absolute Sale and other related
documents to be subsequently executed by the parties.
Each party shall hold and maintain the confidential information in
strictest confidence for his sole and exclusive benefit only and shall carefully
restrict access to confidential information to representatives or employees in a
need-to-know basis. Each party shall not, without prior written approval of
the other party use for his own benefit, publish, copy or otherwise disclose to
others, or permit the use by others for their benefit or to the detriment of the
other party, any confidential information. A party shall return to the other any
and all records, notes and other written, printed or tangible materials in its
possession pertaining to confidential information immediately when requested
in writing.
Seller:
______________________________
JUAN DELA CRUZ
Buyer:
______________________________
CHARMAINE D.V ESCORPISO
BEFORE ME, a Notary Public for and in the above jurisdiction, this
_____ day of _________________, personally appeared the following persons:
known to me to be the same persons who executed the foregoing six (6) pages
Deed of Sale including the page on which this Acknowledgement is written,
and signed at the left margin of each and every page by the parties executing
this instrument and sealed with my notarial seal, and said parties
acknowledged to me that the same is their free and voluntary act and deed and
of the corporation herein represented.
WITNESS MY HAND AND SEAL on the date and in the place first above
written.
Maker
14. DEED OF SALE OF REGISTERED LAND
It is hereby mutually agreed that the vendee shall bear all the expenses
for the execution and registration of this deed of sale.
_____________________
___________________
Vendor Vendee
________________
Vendor’s wife
__________________________
_____________________________
Witness Witness
ACKNOWLEDGMENT
This instrument consisting of two (2) pages, including this page on which
this acknowledgment is written refers to a DEED OF SALE and has been signed
by the parties and their witnesses and sealed with my notarial seal.
That “A” in order to have an access to and from, and to cultivate the
above-mentioned land, and so as to have an outlet to ________________,
which is the nearest public road and least burdensome to the servient estate
and to third persons, it would be necessary for him to pass through “B’s”
property, and for this purpose, a path or passageway of not less than two
(2) meters wide through the whole length of the western side of “B’s” property
is necessary for the use of “A” and for all his needs in cultivating his estate;
It is further agreed that “B” shall deliver unto “A” all the necessary
papers, deed, and titles in relation to the servient estate in order to facilitate
the registration of the above-mentioned right of way, in accordance with.
This agreement shall be binding between the parties and upon all their
heirs, successors, and assigns.
__________________________ _____________________
(Signature of owner of the (Signature of owner of
dominant estate) servient estate)
_________________________ __________________________
ACKNOWLEDGMENT
16. DEED OF ABSOLUTE SALE OF CONDOMINIUM UNIT
This Deed of Absolute Sale, made and entered into this 10th day of August 2019 at
Makati City, Philippines, by and between:
PING BACARON, legal age, Filipino and with address at 7036 Biak na
Bato Street Barangay Olympia, Makati City, Philippines, hereinafter
referred to as the “VENDOR”
- AND -
ERIKA ARA, legal age, Filipino and with residence at Tomas Mascardo
Street, Cubao, Philippines, hereinafter referred to as the “VENDEE”
WITNESSETH: that –
WHEREAS, the VENDOR is the legal registered owner of Unit 7A33 with parking unit
No. 67 located at the 7th floor, Victoria Towers, Tower A, Panay Ave. Makati City, respectively
covered by Condominium Certificate of Title Nos. 1234 and 1432 issued by the Register of
Deeds of Makati City (hereinafter referred to as the “PROPERTY”), more particularly described
as follows:
“Unit 7A33 with parking unit No. 1432, located on the seventh floor of the
VICTORIA TOWERS, TOWER A, with a Net floor area of 95.00 square
meters”.
WHEREAS, the VENDOR wishes to sell and the VENDEE has agreed to purchase the
PROPERTY free from all liens and encumbrances of any kind and nature;
NOW, THEREFORE, for and in consideration of the foregoing premises and more
particularly for the price of EIGHT MILLION PESOS (PHP 8,000,000.00), Philippine Currency,
the receipt whereof is hereby acknowledged from the VENDEE to the entire satisfaction of the
VENDOR, the said VENDOR does hereby sell, transfer and convey in a manner absolute and
irrevocable unto the said VENDEE, their heirs and assigns, the said PROPERTY including all
the rights and interests in the common areas, and the interest in the condominium corporation
appurtenant to such PROPERTY, and subject further to:
The payment of the capital gains tax due on the sale of the Property shall be for the sole
account of the VENDOR. The documentary stamp taxes on the sale of the Property from the
VENDOR to the VENDEE, transfer tax and expenses for registration of the Property in the
name of the VENDEE shall be for the sole account of the VENDEE.
IN WITNESS HEREOF, we have hereunto set our hands on the date and at the place
first indicated above.
Vendor Vendee
________________________ _______________________
ACKNOWLEDGMENT
Republic of the Philippines)
BEFORE ME, a Notary Public for and in the above-indicated locality, on this
______________________ personally appeared:
Known to me and to me known to be the same persons who executed the foregoing Deed of
Absolute Sale and acknowledged to me that the same is their free and voluntary act and deed.
I HEREBY CERTIFY that this instrument which consists of three (3) pages, including this page
whereon this Acknowledgement is written, have been signed by the parties and their
instrumental witnesses on the appropriate spaces on page two (2) and on the left margin of
other pages, and refers to the Deed of Absolute Sale covering condominium unit located at the
7th floor Victoria Towers, Tower A, Panay Ave. Makati City, Philippines and covered by
Condominium Certificate of Title Nos. 1234 and 1432, issued by the Register of Deeds of
Makati City.
WITNESS MY HAND AND SEAL on the date and at the place first above-written.
Page No.______;
Series of 2019
17. SPECIAL POWER OF ATTORNEY
1.
;
2. To sign, write, supply or to otherwise authenticate any pertinent document relative thereto;
and
3. To perform all other acts necessary to carry out the above purpose and to administer the
continuing progression of the process until its completion.
HEREBY GIVING AND GRANTING unto my said Attorney-in-fact full power and authority to do
and perform all and every act and thing whatsoever requisite and necessary to be done in and about
the premises, hereby ratifying and confirming all that my said Attorney-in-fact shall lawfully do and
cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of ____________,
2019 at Quezon City, Philippines.
Grantor/Principal
With my conformity:
___________________
Grantee/Agent
SIGNED IN THE PRESENCE OF:
__________________________ __
ACKNOWLEDGMENT
BEFORE ME, Notary Public in and for the City aforesaid this ___ of _______, 200__, personally
appeared _____________with his/her ___________ ID issued on _________________ at
_____________________ , evidencing competent identity of the person executing this
instrument, and by which he/she is known to me and known to be the same person who signed and
executed the foregoing instrument and acknowledged that the same is his/her own free and voluntary
act and deed.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.
Series of 200___.
18. DEED OF CHATTEL MORTGAGE
That I, JUAN DELA CRUZ, of legal age, married and resident of 9000 Hormiga Street, Makati
City, for and inconsideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00),
granted to me by PEDRO DELOS SANTOS, also of legal age, married and resident of 800 Theresa
Street, Makati City, to be paid one (1) year from date hereof, have transferred and conveyed by way of
chattelmortgage unto said PEDRO DELOS SANTOS, his heirs, successors and assigns, free from all
liens and encumbrances that certain motor vehicle, presently in my possession, more particularly
described as:
COLOR : Black
BODY : Canter
of which I am the true and absolute owner by title thereto, being evidenced byRegistration Certificate of
Motor Vehicle No. 1122 issued in my name by the Land Transportation Office on July 6, 2011.
This chattel mortgage has been executed in order to secure the full and faithful payment of my
obligation toPEDRO DELOS SANTOS in accordance with the terms andconditions of this instrument.
Upon payment, this contract shall become null and void; otherwise, it shall continue in full force and
effect and may be foreclosed in accordance with law.
IN WITNESSS WHEREOF, I have hereunto signed this deed of chattel mortgage, this 5th day of
May 2013 at Makati City, Philippines.
Mortgagor
Mortgagor’s wife
AFFIDAVIT OF GOOD FAITH
We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing
chattel mortgage is made and executed for the purpose of securing the obligation specified therein, and
for no other purpose, and that the same is a just and valid obligation, and one not entered into for the
purposes of fraud.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public, for and in the City of Makati, this 25th day of June 2013
personally appeared:
all known to me to be the same persons who executed the foregoing instrument and hereby
acknowledged to me that the same is their free and voluntary act and deed.
This instrument consisting of two (2) pages, including this page on which this acknowledgment
is written refers to a DEED OF CHATTELMORTGAGE and has been signed by the parties and their
witnesses and sealed with my notarial seal.
DEED OF ASSIGNMENT
That I/We __________________ , of legal age, with residence and postal address at
___________________ hereinafter collectively referred to as ”the ASSIGNOR”, for and in consideration
of a financial accommodation/loan in the principal sum of _____________________( _____________),
___________Currency, granted to __________________, hereinafter referred to as “the DEBTOR”,
jointly and severally, by BANCO DE ORO UNIVERSAL BANK, a banking institution referred to
hereinafter as “the ASSIGNEE”, receipt of the proceeds whereof is hereby acknowledged, hereby cede,
transfer, convey and deliver unto ASSIGNEE, its successors or assigns___________________
denominated deposit/s or placement/s as represented by _____________________________ (or as
hereinafter renewed, extended, amended or substituted) together with the funds covered thereby, it being
understood that the ASSIGNEE has the full and absolute control of said deposit/s / placement/s.
Upon the non-fulfillment by the ASSIGNOR/DEBTOR of any of the conditions of these deed
and the correlative promissory note/s, which form/s an integral part of this assignment by reference., the
ASSIGNEE is fully authorized and empowered to apply said deposit/s or placement/s for the purpose of
liquidating the financial accommodation/loan either partially or totally. This assignment covers any and
all other indebtedness now and hereafter owing at any time by the DEBTOR to the ASSIGNEE either
individual or collectively, of whatever kind and nature, either absolute or contingent, direct or indirect,
principal or secondary, as may appear in the accounts, books and records of the ASSIGNEE, any
renewal/s or extension/s thereof including renewal of this obligation, and the payment of attorney's fees
and other charges until the same are completely paid.
Entirely for my/our convenience, the ASSIGNOR hereby delegates to the ASSIGNEE the
authority to implement for and in behalf of the ASSIGNOR, the renewal of the deposit/s or replacement/s
herein assigned at its maturity, subject to the conditions that (i) the yield shall not be less than that which
the ASSIGNEE, in the ordinary course of business, indiscriminately offers its clients for the placement of
amounts comparable to the amount of the deposit/s / placement/s herein assigned and for equivalent
maturities, and (ii) each renewal or extension of the assigned deposit/s / placement/s shall be for the
period of 30 to 90 days. Except for gross negligence or conduct amounting to fraud, the ASSIGNOR
hereby undertakes to hold the ASSIGNEE free and harmless from liability for any action taken on the
basis of and within the framework of this power of attorney, and hereby ratifies and confirms all that the
ASSIGNEE may do or cause to be done pursuant thereto and hereto.
Should the deposit/s or placement/s assigned herein be renewed, the renewed deposit/s or
placement/s shall be automatically ceded, transferred, delivered and conveyed unto the ASSIGNEE
without the necessity of a new writing therefor under the same terms and conditions specified above and
in the promissory note/s. The ASSIGNOR renounces and quitclaims all rights and actions which he/she
/they may be accorded by the legal provisions affected or to be affected by the authorization herein given.
The ASSIGNEE reserves the right to require additional securities in the event that the collateral
given, in the sole judgment of the ASSIGNEE, is substantially impaired. Otherwise, the ASSIGNEE may
declare the whole financial accommodation/loan due and demandable.
Pursuant to Central Bank Circular Nos. 1102 and 1135, the ASSIGNOR hereby waive/s
his/her/its/their rights under Republic Act No. 1405, as amended, relative to the confidentiality of bank
deposits.
Assignor Debtor
______________________ ________________________
ACKNOWLEDGMENT
BEFORE ME, on this day of __________________ at the locality above mentioned, personally
appeared:
known to me and to me known to be the same person(s) who executed the foregoing instrument and
acknowledged to me that the same is his/her/their own free and voluntary act and deed as well as that of
the corporation represented.
WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place above mentioned.
Doc. No._____ ;
Page No.______ ;
Book No.______;
Series of 2______.
20. REAL ESTATE MORTGAGE
This Real Estate Mortgage (“Mortgage”) executed by SPOUSES A. LIM and B. LIM,
both Filipino, of legal age, with residence address at 1506 Arcadia Avenue, Arcadia
Subdivision, Ortigas, Quezon City, hereinafter called (irrespective of number) as the
“Mortgagor”,
- in favor of -
XYZ BANK & TRUST COMPANY, a Philippine corporation with principal office at XYZ
Plaza, XYZ Avenue, Makati City, Philippines, and hereinafter called the “Mortgagee”;
Witnesseth: That,
For and in consideration of certain loans and other credit accommodations obtained or to
be obtained from the Mortgagee by the Mortgagor and/or the ABC CORPORATION,
hereinafter referred to, regardless of number, as the “Borrower”, in the amount of PESOS:
TEN MILLION ONLY (Php 10,000,000.00), Philippine currency, and such other loan
amounts as may be granted by the Mortgagee, and to secure the payment of the same and those
others that the Mortgagee may heretofore have extended or hereafter extend to the Mortgagor
and/or the Borrower, including interest and penalties thereon at the rate specified in the
promissory note(s) or other evidence of indebtedness secured by this Mortgage and expenses
incurred thereunder and hereunder extended to the Mortgagor and/or Borrower by the
Mortgagee (individually and/or collectively, the "Obligations”), and to secure the faithful and
strict compliance by the Mortgagor and/or the Borrower of all the conditions and stipulations of
the Mortgage, the credit agreements, promissory notes and other loan documents and
agreements evidencing such loans, credit facilities or accommodations granted to the Mortgagor
and/or the Borrower, including all amendments thereto, the Mortgagor does hereby transfer and
convey by way of mortgage unto the Mortgagee, its successors or assigns, the real properties or
parcels of land which are described in the list herein, together with all the buildings,
machineries, equipment and improvements now existing or which may hereafter be erected or
constructed thereon and also other assets acquired with the Obligations (individually and/or
collectively, the “Mortgaged Properties”).
(2) The Mortgagor/Borrower hereby agrees that the Mortgaged Properties shall secure the
Obligations and it is hereby understood that the loan amounts stated as consideration herein do
not limit the amount for which the Mortgage may stand as security, as the Mortgage shall cover
all obligations of the Borrower and/or the Mortgagor to the Mortgagee.
(3) If at any time the Mortgagor and/or the Borrower shall fail or refuse to pay the Obligations
or any of its amortizations when due, or to comply with any of the conditions and stipulations
herein agreed, or otherwise be in default under the terms relevant to the promissory notes or
other loan/credit agreements or any other agreements in relation thereto, or violates any of its/his
warranties herein, then the Mortgagee may consider all the Obligations as immediately due,
payable and defaulted and the Mortgagee may, at its election, register the REM if still not yet
registered with the Registry of Deeds, and/or immediately foreclose this Mortgage judicially in
accordance with the Rules of Court, or extrajudicially in accordance with Act No. 3135 (An Act
to Regulate the Sale of Property under Special Powers Inserted in or Annexed to Real Estate
Mortgages), as amended, and/or take such other legal action to protect the interest of the
Mortgagee.
(4) For the purpose of extrajudicial foreclosure, the Mortgagor hereby appoints the Mortgagee
as its/his attorney-in-fact, with full power of substitution, to sell the Mortgaged Properties under
Act No. 3135, as amended, to sign all documents and perform any and all acts requisite and
necessary to accomplish said purpose.
(5) In case of judicial foreclosure, the Mortgagor hereby consents to the appointment of the
Mortgagee or any of its employees or agents as receiver, without any bond, to take charge of the
Mortgaged Properties at once, and to hold possession of the same and the rents, benefits and
profits derived from the Mortgaged Properties before the sale, less the costs and expenses of the
receivership.
(6) The Mortgagor hereby agrees further that, in all cases, the attorney’s fees is hereby fixed at
ten per cent (10%) of the total unpaid indebtedness, including interest, which shall in no case be
less than Fifty Thousand Pesos (Php50,000.00), exclusive of all costs and fees allowed by law,
and the expenses of collection shall be the obligation of the Mortgagor and shall, with priority,
be paid to the Mortgagee out of any sums realized as rents and profits derived from the
Mortgaged Properties or from the proceeds realized therefrom and this Mortgage shall likewise
stand as security therefor.
(7) Upon foreclosure, the Mortgagor may not redeem the Mortgaged Properties unless all the
Obligations have been fully paid.
(8) Violation of any of the terms, conditions or stipulations of the promissory note(s) or other
documents covering the Obligations shall render the Mortgagor and the Borrower in default,
without further notice or demand and shall be a ground for the foreclosure of this Mortgage.
IN WITNESS HEREOF, the Mortgagor has hereunto signed this Real Estate Mortgage on
__________________________ at _____________________________.
MORTGAGOR MORTGAGOR
________________________________ ___________________________________
Acknowledgment
) SS.
Issued ID
known to me and to me known to be the same person(s) who executed the foregoing instrument
and who acknowledged to me that the same is his/her/their free and voluntary act and deed, as
well as of the principal(s)/corporation(s) represented, and that he/she/they is/are authorized to
sign as representative(s).
The foregoing instrument consisting of _______ (___) pages, including the page on
which this acknowledgment is written, refers to the Real Estate Mortgage, signed by the parties
and their instrumental witnesses on each and every page thereof.
WITNESS MY HAND AND SEAL in the place and on the date first above written.
Doc. No.
Page No.
Book No.
Series of