AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

THIS PRE-NUPTIAL AGREEMENT ("Agreement") is made and
executed this date of September 26, 2009, by ANTON N.
CABANBAN, JR., the husband-to be ("Husband"), of legal age,
widower, Filipino citizen, and with residence address at JC- 371 Km5
Pico, La Trinidad, Benguet, Philippines, and ANNA M. SUYAT, the
wife-to-be, ("Wife"), likewise of legal age, Filipino Citizen, single, and
a resident of the same address above mentioned. Both the Husband
and Wife together may be referred to herein as the "Parties", and
either one of them alone may be referred to as a "Party" or "Spouse".
-WITNESSSETHWHEREAS, the Parties plan to get married in the very near
future, after the signing of this document. They both wish to set forth
certain matters regarding their property and other financial matters
concerning their upcoming marriage in order to remove any doubts,
questions, or stress regarding these matters, and to eliminate
contention among their heirs. The terms set forth herein constitute the
Agreement of the Parties, which may change the normal operation of
law in the event of death or a termination of the marriage during the
lifetime of the Parties. This Agreement limits or eliminates the rights
of a Spouse in and to the property and income of the other Spouse,
according to the terms set forth herein.
WHEREAS, each of the Parties hereby agrees to accept and
carry out the terms of this Agreement in full and complete satisfaction
and waiver of all his or her legal rights in and to the property and
income of the other Spouse.
WHEREAS, this Agreement shall become effective only upon
the marriage of the Parties, and shall be invalid, null and void in the
event that the planned marriage of the Parties does not occur or the
marriage occurs but is subsequently annulled.
NOW THEREFORE, IN CONSIDERATION OF the
contemplated marriage of the Parties, and the promises in the
Agreement, the Parties agree as follows:
1. Full Disclosure.
Each of the Parties understands that for this Agreement to be
valid and enforceable, it must be based on a full mutual disclosure of
each Party's financial status to the other Party. Each of the Parties
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has made a full, complete and fair disclosure of all his or her property,
liabilities and income to the other Party.
2. Separate Property.
As used in this Agreement, the term "Separate Property" means
all right, title, and interest to property, whether real property, personal
property, or mixed, and wherever located, which is owned separately
by either Party.
Separate Property shall also include all income produced by or
from any Separate Property, the rights to all appreciation or gain, the
rights to all proceeds from the sale of a Separate Property, and the
exclusive rights to manage and operate such property.
Separate Property as used herein shall also include property
which is obtained or acquired in the future after the date of this
Agreement is signed ("after acquired" Separate Property), which is:
(1) obtained through sale, trade, exchange, development or
improvement of currently owned Separate Property; or (2) purchased
from separately owned money or other funds; or purchased through
loans or credit separately obtained by one of the Parties; or (3) a
combination of (1) and (2); or (4) obtained or received by one of the
parties by way of gift or inheritance; and (5) any and all successor
businesses, including proprietorships, partnerships, and corporations.
In general, after acquired Separate Property of a Party usually comes
from currently owned Separate Property, or separately obtained
credit, or both.
Unless otherwise specified in this Agreement:
Neither Party shall have any right, title, or interest in, nor any
claim against the Separate Property of the other Party, whether
currently owned or after acquired; neither during the contemplated
marriage nor after its termination during lifetime or at death;
Each Party shall have the exclusive right to dispose of any or all
of his or her Separate Property by inter-vivos (lifetime) or
testamentary (at death) transfer, including by will, trust, or gift, or by
any other disposition; and
Each Party shall have the right to mortgage, encumber,
hypothecate, or pledge his or her Separate Property, in his or her sole
discretion as if their contemplated marriage had not occurred.

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The Parties understand that if they are married, it may be

necessary for a Spouse dealing with his or her own Separate
Property to obtain the other Spouse's signature on certain documents
in order to satisfy the requirements of lenders, title companies,
applicable law, buyers, sellers or others. Therefore, each Party
agrees that when so requested by the other Party during the
marriage, to cooperate, join, and sign documents, including contracts,
deeds, mortgages and gifts which transfer an apparent interest of the
Spouse in and to the other Spouse's Separate Property. However, the
participation of the non-owner Spouse shall not create any personal
liability on him or her, or against the property of the non-owner
Spouse, nor shall it create any interest, right or claim in the joining
Spouse.
Nothing herein shall prohibit either Party from leaving any of his
or her Separate Property to the other Party by will, trust or other such
method, but this provision shall not create any right or claim by the
other Party.
3. Jointly Owned Property.
During the term of the marriage, the Parties may acquire jointly
owned property. For all property other than their personal residence,
such acquisitions may be made either from joint funds or through
separate contributions by each Party. If made from separate
contributions, the Parties may by separate agreement specify the
interest of each Party therein. Further, in the absence of any separate
agreement, each Party will be deemed to have an equal interest in
such jointly acquired property.
4. Personal Residence.
After the Parties are married, they plan to live at JC 371 Km 5
Pico, La Trinidad, Benguet,(the "Residence").
The above Residence in which the Parties plan to live after their
marriage is either now or will be owned by the Party specified,
ANTON N. CABANBAN, JR., ("Owner Spouse") as Separate
Property. In the event the Owner Spouse predeceases the other
Spouse ("Surviving Spouse"), and provided that Parties are still living
together as Husband and Wife, then the Surviving Spouse shall be
entitled to continue living in said Residence for as long as he or she
desires, or for his or her lifetime, on the following terms and subject to
the following obligations of the Surviving Spouse, or both:

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The surviving Spouse must continue to live in the Residence, or

in the event he or she should for a period of at least two (2)
consecutive months, either abandon the Residence, or move to
another dwelling permanently, then the right to return to the
Residence is waived, and the Residence shall pass according to the
will, trust or other testamentary disposition of the deceased Owner
Spouse.
The surviving Spouse shall not move out of the Residence and
rent it to any third party. However, if the residential real estate
contains agricultural land, then the renting out of such land shall not
constitute a violation of the above condition by the surviving Spouse.
The surviving Spouse is solely responsible for the ongoing
maintenance, repair, and cleaning of the interior, contents, and
exterior of the Residence, and for the maintenance and care of the
yard, landscaping, grounds and structures or improvements thereon.
The surviving Spouse is solely responsible for paying when due
all real estate taxes, assessments, homes association dues, utilities,
and trash service, and for maintaining in full force adequate general
multi-peril hazard and liability insurance on the Residence and
Property which carries the deceased Spouse's remainder heirs as
additional named insurers, and upon request to provide proof of
payment to those ultimate heirs.
The surviving Spouse shall not be allowed to encumber the
Residence or grounds and shall keep the residential real estate free
of all liens for any claim which might otherwise arise during the period
of the surviving Spouse's tenancy.
If the surviving Spouse fails to meet any of the above
conditions, then the tenancy of the surviving Spouse in the Residence
shall terminate immediately, the surviving Spouse shall vacate the
Residence, and the entire property on which the Residence is
located, together with any contents and furnishings owned by the
deceased Owner Spouse or the Estate thereof, shall immediately
pass according to the will, trust, or other testamentary disposition of
the deceased Owner Spouse. Also, the surviving Spouse shall be
responsible for leaving said Residence and property in a condition as
clean and repaired as when the tenancy of the Surviving Spouse
began.
Regardless of any funds spent or labor provided by the
surviving Spouse in meeting the above conditions, neither of those
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shall create any right or claim for reimbursement nor any ownership
interest in said Residence, nor in any of the contents or furnishings
which are or were the Separate Property of the deceased Owner
Spouse or estate thereof which remained in the Residence for the
use and convenience of the surviving Spouse during the tenancy.
5. Living Expenses, Support Obligations.
The Parties agree that they shall establish a jointly owned
checking/saving account at a mutually agreed bank, savings and
loan, or other similar institution, for living expenses, and if mutually
agreed, for other joint needs. Each of the parties shall make a
mutually agreed contribution to that account. The Parties agree to
pay out of this account all their ordinary living expenses, including
utilities, groceries and food, entertainment, home maintenance and
repair, transportation, routine medical and routine health related
expenses such as dentists and optometrists or ophthalmologists,
other general costs of running and maintaining a household, and
other related items as the Parties shall agree. Each of the Parties
agrees to keep the other Party advised and informed of all checks
written on, or withdrawals made from any said joint account. These
common, reasonable living expenses of the Parties shall be
considered as their joint obligation.
This joint account, any excess funds which accumulate in this
account, and any such other joint checking or savings account which
the parties agree to establish on this same basis, together with all
household goods and any other property purchased from any such
joint account shall be deemed to be owned by the Parties and titled in
the form of [Ownership of Accounts].
Except for any such arrangements for emergency purposes,
each Separate Property account shall remain under the total and
exclusive control of the owner who shall have the full and exclusive
right to make all deposits to any such account of income produced
from his or her Separate Property; wages, salary, or other earnings
resulting from his or her labor, efforts, or contract rights; and any gifts
or inheritances received separately by that Party. The owner of any
such Separate Property account shall also have the full and exclusive
right and control to make all withdrawals from such account, except
for emergency withdrawal rights granted to the other spouse, if any.
The interest earned on any such Separate Property accounts,
together with accumulations or any other increases, shall be included

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as a part of the account as the Separate Property of the Spouse

owning the separate account.
Any withdrawals from any such account, or purchases made
with the proceeds of any separate account which are given to the
non-owner Spouse shall be considered as a gift to the other Spouse,
in the absence of any written agreement which specifies otherwise.
Nothing herein shall create any right, title, interest, or claim, nor
create any right of reimbursement for the non-owner Spouse, unless
otherwise specified in a separate written agreement.
6. Debts and Liabilities.
Unless otherwise specified herein, all debts, liabilities, liens or
encumbrances which have been incurred or guaranteed by each
Party before the contemplated marriage shall be the sole and
exclusive responsibility of and paid by the Party who incurred them,
and neither the other Party nor his or her property shall in any way be
liable or obligated for the payment thereof. The following are separate
debts of a Spouse to be paid by the other Spouse:
Each Party agrees to indemnify and hold harmless the other
Party from any and all debts or liabilities separately incurred by him or
her, and each Party agrees that he or she will not seek any financial
participation for debt reduction or satisfaction, unless otherwise
specified herein.
7. Gifts.
Nothing herein shall restrict the Parties from making gifts to
each other. Unless otherwise specified in a separate written
agreement, all gifts shall be the Separate Property of the Party who
receives the gift, except as follows:
Further, upon request from the other Spouse, each of the
Parties agrees to execute appropriate consents and join in any
lifetime gifts made by the other Party from his or her own Separate
Property.
8. Annulment, Dissolution, or Separation.
In the event of the termination of the marriage during the
lifetimes of both Parties (other than by annulment), whether by
annulment, dissolution, separate maintenance, or other such legal
action, or a separation pursuant to court order or the written
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agreement of the Parties, or if the Parties do not live together for a

period of six continuous months and one of the Parties does not
intend to end such separation (all of which are referred to collectively
as "Annulment/Separation"), then the Parties agree that this PreNuptial Agreement shall be the basis for the financial and property
settlement of Annulment/Separation, and each of the Parties agrees
to request that the court follow the terms set forth herein.
In the event of a Annulment/Separation, the Parties further
agree as follows:
Each Party shall retain their own Separate Property, subject to
any debt or encumbrance thereon.
The Parties shall attempt to divide their jointly owned or
community property and set forth their agreement in writing, or if they
are unable to reach mutual agreement on such division, division, then
all such joint or community property shall be divided and distributed
pursuant to court order.
Each of the Parties agrees to execute any and all documents,
and take all steps necessary to carry out the terms of this Pre-Nuptial
Agreement.
9. Death of Either or Both Spouses.
In the event of the death of either Spouse, the other Spouse
shall have no rights in or to the estate or Separate Property of the
other Spouse, just as if their marriage had not occurred. Each of the
Spouses agrees to accept the terms of this Pre-nuptial Agreement
instead of, and in full and complete satisfaction of all rights in and to
the other Spouse's estate which he or she would have had under law
if this Agreement did not exist. Each Party agrees, after the marriage,
to execute a consent to the other's will, and to execute any and all
other documents necessary to carry out the terms of this Agreement.
At the death of either Spouse, all of his or her Separate
Property shall pass to his or her respective heirs, beneficiaries,
legatees, devisees, and assigns as provided in his or her respective
will, trust or other disposition document or device; provided, however,
nothing in this Agreement shall prevent either Spouse from making
provision for the other Spouse in his or her will, trust, or other
disposition document or device.
Neither Spouse shall contest the will or other testamentary
disposition of the other Spouse's estate. If necessary under
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applicable law to carry out the Parties' intent expressed in this

Agreement, the Separate Property of each Spouse shall not be
counted as part of the elective share of a surviving Spouse.
Following the death of one of the Spouses, the surviving
Spouse shall execute and deliver any and all documents necessary
to carry out the terms of this Agreement.
In the event that both Spouses should die simultaneously, or in
a common disaster, or if one of the Spouses does not survive for a
period of at least thirty (30) days after the death of the first Spouse to
die, it shall be deemed that each Spouse survived the other and as if
the marriage never occurred.
10. Sole and Exclusive Agreement; Amending; Binding on Heirs.
This Agreement constitutes the entire agreement of the Parties,
and totally cancels and supersedes any and all other prior written or
verbal agreements or arrangements between the Parties which
address the subject matter of this Agreement. No representations or
warranties have been made by either Party to the other, nor by
anyone else, except as set forth herein, and neither Party is
executing this Agreement upon reliance of any representation or
warranty which is not expressly set forth herein.
This Agreement may be amended, modified, or revoked only in
writing signed by both Parties and executed in the same manner and
with the same formality as this Agreement.
This Agreement and all its terms and provisions shall be binding on
and inure to the benefit of the Parties, and their respective heirs,
assigns, executors, administrators, and legal representatives.
11. Effective Date.
This Pre-Nuptial Agreement shall become effective upon the
marriage of the Parties. If the proposed marriage of the Parties does
not occur for any reason whatsoever, or if the marriage is annulled,
this Pre-Nuptial Agreement shall be null and void, and of no effect.
12. Severability.
The terms of this Agreement are severable. If any provisions
herein are not valid or enforceable under applicable law, then all other
provisions which are valid and enforceable shall remain in full force
and effect.
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13. Governing Law.

This Agreement shall be construed and interpreted under the
laws of the country of Philippines, which is the country of residence of
the Parties.
14. Headings.
The titles and captions used in this Agreement are for
convenience only, and no title or caption shall be deemed part of this
Agreement or an interpretation of any provision.
15. Multiple Counterparts.
This Agreement shall be executed in multiple counterparts, any
one of which shall be deemed a duplicate original, and any one of
which or all together shall be deemed an original, and one and the
same.
IN WITNESS WHEREOF, the Parties have executed this PreNuptial Agreement and hereunto set their hands this September 26,
2009, in the City of Baguio, Philippines.

HUSBAND
________________________
[Husband-To-Be]

WIFE
_____________________
[Wife-To-Be]

Signed in the Presence of:

_____________________,

____________________

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ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
DONE: IN THE CITY OF BAGUIO) S.S.
BEFORE ME, a Notary Public for and in the City of Baguio, this
26 day of September 2009 personally appeared the parties, known
to me to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their own free act and
voluntary deed
th

This instrument refers to a Pre- Nuptial Agreement consisting of

Five (5) pages including the page on which this acknowledgment is
written and has been signed by the parties and their material
witnesses on each page hereof.

WITNESS MY HAND AND SEAL.

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