Republic of the Philippines )

_______________________)s.s.

CANCELLATION OF DEED OF ABSOLUTE SALE and

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This CANCELLATION OF DEED OF ABSOLUTE SALE and MEMORANDUM OF

AGREEMENT, made and entered this ___ day of ______ by and between:

The heirs of Spouses BRUNO ABUTIN and MODESTA BLANCO ABUTIN,

namely SOLEDAD ABUTIN-ORTIZ, FRANCISCA MALABANAN ABUTIN, TORIBIA
ABUTIN ARLE, MARTINA ABUTIN MERLAN, ROMEO MALABANAN ABUTIN and
ELIZABETH ABUTIN ARLE CENIZAL, who are all of legal age, Filipino citizens and all
residents of Tres Cruses, Tanza, Cavite, herein referred to as VENDORS;

And

SENEN I. ARABACA, of legal age, Filipino, resident of 41 Lily street, Tahanan

Village, BF Homes Paranaque City, herein referred to as VENDEE:

WITNESSETH THAT:

WHEREAS, on August 12, 2018, the parties executed a Deed of Absolute Sale over
a parcel of land denominated as Lots No. 1955-B, C and D, FLS-325 (portion of Lot
No. Sta. Cruz de Malabon Estate, Cavite), Tres Cruzes, Tanza, Cavite, under
Resurvey Plan RS-04-002871 containing a total area of FOUR HUNDRED SIXTY
FOUR THOUSAND FOUR HUNDRED FIFTY FIVE SQUARE METERS (464,455 SQM)
hereinafter known a “PROPERTY”, of which the transaction was entered into in
the notarial book of Notary Public of San Juan City, Metro Manila, ATTY.
BENJAMIN S. FORMOSO under Doc. No. 224, Page No. 46, Book No. 1, series of
2018, copy of which is hereto attached and marked as annex “A”;

WHEREAS the said DEED OF ABSOLUTE SALE, as clearly stated in the

Memorandum of Agreement between the parties copy of which is hereto
attached and marked as annex “B”, was only executed for “TAX DECLARATION
PURPOSES ONLY” and THERE WAS NO CONSIDERATION NOR PAYMENT
RECEIVED FROM THE ALLEGED VENDEE SENEN I. ARABACA;

WHEREAS, the parties wish to CANCEL, RESCIND and ANNUL said Deed of
Absolute Sale and declare the same to be VOID AB INITIO for FAILURE TO EFFECT
THE NECESSARY CONSIDERATION AS WELL AS FOR BEING SIMULATED;
Articles 1345 and 1346 of the Civil Code provide:

Art. 1345. Simulation of a contract may be absolute or relative. The former takes
place when the parties do not intend to be bound at all; the latter, when the
parties conceal their true agreement.

Art. 1346. An absolutely simulated or fictitious contract is void. A relative

simulation, when it does not prejudice a third person and is not intended for any
purpose contrary to law, morals, good customs, public order or public policy binds
the parties to their real agreement.

In absolute simulation, there is a colorable contract but it has no substance as the

parties have no intention to be bound by it. "The main characteristic of an
absolute simulation is that the apparent contract is not really desired or intended
to produce legal effect or in any way alter the juridical situation of the parties."1
"As a result, an absolutely simulated or fictitious contract is VOID AB INITIO.

The Memorandum of Agreement between the parties clearly shows that the Deed
of Absolute Sale was only executed to produce legal effect only for TAX
DECLARATION PURPOSES ONLY and to effect REPRESENTATION and LEGAL
PERSONALITY in transacting the PROPERTY with different government agencies;

NOW, THEREFORE, in consideration of the foregoing premises, the parties hereby

unconditionally CANCEL, RESCIND, ANNUL and declare as VOID AB INITION and
WITHOUT LEGAL EFFECT whatsoever the DEED OF ABSOLUTE SALE executed by
the parties on August 12, 2018.

IN WITNESS WHEREOF, the parties have hereunto signed this CANCELLATION OF

DEED OF ABSOLUTE SALE and the MEMORANDUM OF AGREEMENT this
_________ at the date and place first above mentioned.

VENDORS

SOLEDAD ABUTIN-ORTIZ FRANCISCA MALABANAN ABUTIN

TORIBIA ABUTIN ARLE MARTINA ABUTIN MERLAN

ROMEO MALABANAN ABUTIN ELIZABETH ABUTIN ARLE CENIZAL

1
Loyola v. Court of Appeals, G.R. No. 115734, February 23, 2000, 326 SCRA 285, 293.
 SENEN I. ARABACA
VENDEE

ACKNOWLEDGEMENT
Republic of the Philippines )
_________________ ) s.s.

BEFORE ME, a Notary Public for _______________, on this day,

_____________________ personally appeared the following persons with their
corresponding identification cards copies of which is hereto attached in
compliance with the requirements under the Notarial Law.

SOLEDAD ABUTIN-ORTIZ FRANCISCA MALABANAN ABUTIN

TORIBIA ABUTIN ARLE MARTINA ABUTIN MERLAN

ROMEO MALABANAN ABUTIN ELIZABETH ABUTIN ARLE CENIZAL

SENEN I. ARABACA

Known to me to be the same persons who executed the foregoing

instrument, DEED OF ABSOLUTE SALE, and they acknowledged to me that the
same is their own free and voluntary act and deed.

WITNESS MY HAND AND SEAL.

Doc No.___________
Book No._________ NOTARY PUBLIC
Page No.__________
series of 2019
Republic of the Philippines)
______________________)s.s.

CANCELLATION OF DEED OF ABSOLUTE SALE

and MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS by certain instruments in writing, made and executed allegedly

in San Juan City, Metro Manila on August 12, 2018 by the heirs of Spouses BRUNO
ABUTIN and MODESTA BLANCO ABUTIN, namely SOLEDAD ABUTIN-ORTIZ,
FRANCISCA MALABANAN ABUTIN, TORIBIA ABUTIN ARLE, MARTINA ABUTIN
MERLAN, ROMEO MALABANAN ABUTIN and ELIZABETH ABUTIN ARLE CENIZAL,
who are all of legal age, Filipino citizens and all residents of Tres Cruses, Tanza,
Cavite and SENEN I. ARABACA, of legal age, Filipino, resident of 41 Lily street,
Tahanan Village, BF Homes Paraque City, referred to as DEED OF ABSOLUTE SALE
and MEMORANDUM OF AGREEMENT, we declare:

WITNESSETH THAT:

WHEREAS, on August 12, 2018, the parties executed a Deed of

absolute Sale over a parcel of land denominated as Lots No. 1955-B,
C and D, FLS-325 (portion of Lot No. Sta. Cruz de Malabon Estate,
Cavite), Tres Cruzes, Tanza, Cavite, under Resurvey Plan RS-04-
002871 containing a total area of FOUR HUNDRED SIXTY FOUR
THOUSAND FOUR HUNDRED FIFTY FIVE SQUARE METERS (464,455
SQM) hereinafter known a “PROPERTY”, of which the transaction
was entered into in the notarial book of Notary Public of San Juan
City, Metro Manila, ATTY. BENJAMIN S. FORMOSO under Doc. No.
224, Page No. 46, Book No. 1, series of 2018, copy of which is hereto
attached and marked as annex “A”;

WHEREAS the said DEED OF ABSOLUTE SALE, as clearly stated in the

Memorandum of Agreement between the parties copy of which is
hereto attached and marked as annex “B”, was only executed for
“TAX DECLARATION PURPOSES ONLY” and THERE WAS NO
CONSIDERATION NOR PAYMENT RECEIVED FROM THE ALLEGED
VENDEE SENEN I. ARABACA;
 WHEREAS, the HEIRS OF BRUNO ABUTIN hereto CANCELS, RESCIND
and ANNUL said Deed of Absolute Sale and MEMORANDUM OF
AGREEMENT and declare the same to be VOID AB INITIO for BEING
SIMULATED, FAILURE TO EFFECT THE NECESSARY CONSIDERATION
AS WELL AS FOR FAILURE TO INCLUDE ALL NECESSARY
COMPULSORY HEIRS;

Articles 1345 and 1346 of the Civil Code provide:

Art. 1345. Simulation of a contract may be absolute or relative. The

former takes place when the parties do not intend to be bound at all; the
latter, when the parties conceal their true agreement.

Art. 1346. An absolutely simulated or fictitious contract is void. A relative

simulation, when it does not prejudice a third person and is not intended
for any purpose contrary to law, morals, good customs, public order or
public policy binds the parties to their real agreement.

In absolute simulation, there is a colorable contract but it has no

substance as the parties have no intention to be bound by it. "The main
characteristic of an absolute simulation is that the apparent contract is
not really desired or intended to produce legal effect or in any way alter
the juridical situation of the parties." "As a result, an absolutely
simulated or fictitious contract is VOID AB INITIO.

The Memorandum of Agreement between the parties clearly shows that

the Deed of Absolute Sale was only executed to produce legal effect only
for TAX DECLARATION PURPOSES ONLY and to effect REPRESENTATION
and LEGAL PERSONALITY in transacting the PROPERTY with different
government agencies;

NOW, THEREFORE, in consideration of the foregoing premises, the HEIRS

OF ABUTIN hereby unconditionally CANCEL, RESCIND, ANNUL and
declare as VOID AB INITION and WITHOUT LEGAL EFFECT whatsoever
the DEED OF ABSOLUTE SALE and MEMORANDUM OF AGREEMENT
executed on August 12, 2018.

IN WITNESS WHEREOF, we have hereunto signed this CANCELLATION OF

DEED OF ABSOLUTE SALE and MEMORANDUM OF AGREEMENT this _________ at
the date and place first above mentioned.
SOLEDAD ABUTIN-ORTIZ FRANCISCA MALABANAN ABUTIN
ID NO. ______________ ID NO. _______________________

TORIBIA ABUTIN ARLE MARTINA ABUTIN MERLAN

ID NO. ________________ ID NO. _______________________

ROMEO MALABANAN ABUTIN ELIZABETH ABUTIN ARLE CENIZAL

ID NO. ___________________ ID NO. ______________________

ACKNOWLEDGEMENT

Republic of the Philippines )

_________________ ) s.s.

BEFORE ME, a Notary Public for _______________, on this day,

_____________________ personally appeared the following persons with their
corresponding identification cards copies of which is hereto attached in
compliance with the requirements under the Notarial Law.

SOLEDAD ABUTIN-ORTIZ FRANCISCA MALABANAN ABUTIN

TORIBIA ABUTIN ARLE MARTINA ABUTIN MERLAN

ROMEO MALABANAN ABUTIN ELIZABETH ABUTIN ARLE CENIZAL

SENEN I. ARABACA

Known to me to be the same persons who executed the foregoing

instrument, DEED OF ABSOLUTE SALE AND MEMORANDUM OF AGREEMENT, and
they acknowledged to me that the same is their own free and voluntary act and
deed.

WITNESS MY HAND AND SEAL.

Doc No.___________
Book No._________ NOTARY PUBLIC
Page No.__________
series of 2019