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1.

ANNULMENT OF CONTRACT

Republic of the Philippines

Municipal Trial Court

Branch 12

Quezon City

Mr. Jali Bee , plaintiff Civil Case No. 1

for:Annulment of Contract

-versus-

Mr. Mac Donald, Defendant

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.

2. The Plaintiff is the owner of 1970 Honda Nighthawk motorcycle as evidenced by


pertinent documents like vehicle registration and deed of sale attached herein as Annex
“A”;

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.

9. That there was no sale in the first place.

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.

Quezon City, Philippines, this 4th day of September 2016.

Hanamichi Sakuragi

Counsel for the Plaintiff

PTR No.87765431:1-04-07:B.C.

IBP No,654321:1-04-07:B.C.

Roll No.09876:5-10-97: Manila

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;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

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

Counsel for the Plaintiff

PTR No.87765431:1-04-07:B.C.

IBP No,654321:1-04-07:B.C.

Roll No.09876:5-10-97: Manila

Quezon City
2. LEASE OF RESIDENTIAL HOUSE

LEASE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS;

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.

_________________________________________ _________________________________________

Juan and Juana Perez

LESSOR LESSEE

Signed in the presence of:

_______________________________________ __________________________________________

ACKNOWLEDGEMENT

Republic of the Philippines )

City of Batangas ) S.S.

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

Doc No. _______


Page No. ______
Book No. _____
Series of 2015
3. DEED OF SALE OF UNREGISTERED LAND

REPUBLIC OF THE PHILIPPINES


CITY OF MANILA

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED, made and executed in ______________, Philippines, by and between:

__________________, of legal age, single/married to _______________, Filipino citizen, and with


residence and postal address at ________________, hereinafter called the SELLER.

– and –

____________________, of legal age, single/married to _______________, Filipino citizen, and


with residence and postal address at _____________________, hereinafter called the BUYER,

WITNESSETH:

THAT for and in consideration of the sum of ________________ PESOS (P___________),


Philippine currency, the receipt where of his hereby acknowledged from the BUYER to the entire
satisfaction of the SELLER, the said SELLER does by these presents sell, transfer and convey, in a
manner absolute and irrevocable, in favor of the said BUYER, his/her heirs and assigns that certain
real estate destined for, and in actual use as, ____________________ land, situated at
___________________, and more particularly bounded as follows:

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.________

SIGNED IN THE PRESENCE OF:


____________________________ _____________________________

REPUBLIC OF THE PHILIPPINES


PROVINCE OF ______________)SS.1
CITY/MUNICIPALITY OF_______)

At ___________, Philippines, on this ____ day of ______, 20 ___, personally appeared


________________, with (ID) No.______, and Residence Certificate No. ______________ issued at
_________ on 20 ____, known to me the same person who executed the foregoing instrument, and
acknowledged that the same is his/her free act and deed.

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

DEED OF SALE OF LARGE CATTLE

KNOW ALL MEN BY THESE PRESENTS:

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:

One (1) Australian Brangus cow

Age 3 years Sex Female

Cowlicks 3 (between the eyes, shoulder, and neck)

Brand Left Hip Cattle A/B

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.

Judielle Agcaoili Kevin Cruz

Vendor Vendee

WITNESSES:

Norman Osborne Peter Parker


5. LAST HOLOGRAPHIC WILL AND TESTAMENT
KNOW ALL MEN BY THESE PRESENTS:

I, ____name of testator_____ , Filipino citizen, of legal age, single/married to ___insert


name of spouse if any___, born on the ____th of ______________ , 19__ , a resident
of __insert address__ , being of sound and disposing mind and memory, and not acting
under undue influence or intimidation from anyone, do hereby declare and proclaim this
instrument to be my Last Will and Testament, in English, the language which I am well
conversant. And I hereby declare that:

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:_________________________ ;

III. To my esteemed children, ________________________ and


______________________I give and bequeath the following properties to
wit:_______________________________ in equal shares;

IV. To my dear brother, __________________________I give and bequeath the


following properties to wit:_______________________________.

V. To my loyal assistant, __________________________I give and bequeath the


following properties to wit:_______________________________.

VI. I hereby designate ____name of executor_____ the executor and administrator of


this Last Will and Testament, and in his incapacity, I name and designate
_____________________ as his substitute.

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.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of


_____________, 2019, in ________________, Philippines.
_______________________________________
(Signature of Testator over Printed Name)

6. TREASURER’S CERTIFICATE/AFFIDAVIT

TREASURER'S AFFIDAVIT

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF SUDIPEN )S.S.

PROVINCE OF LA UNIO )

I, TRICIA LEI M. ONGPIN, being duly sworn, depose and say:

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

BANCO DE ORO Sudipen Branch_


(Name of Bank) (Branch)

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

SUBSCRIBED AND SWORN to before me this 9th day of August, 2019

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

Until December 31, 2019

Doc. No. ________;

Page No. ________;

Book No. ________;

Series of 20 ______.
7. CONTRACT TO SELL

CONTRACT TO SELL

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT TO SELL, made and executed this ____ day of _________, 20__
by and between:

(NAME OF SELLER /VENDOR), of legal age, single/married to (Name of


spouse if any), Filipino, and with residence and postal address at (Address),
hereinafter referred to as the "SELLER/VENDOR";

-AND-

(NAME OF BUYER/VENDEE), Filipino and with residence and postal


address at (Address), hereinafter referred to as the "BUYER/VENDEE".

WITNESSETH;

WHEREAS, the SELLER/VENDOR is the absolute and registered owner


of a parcel of land consisting of LAND AREA IN WORDS (000) square meters,
more or less, located at (Address of property to be sold) and covered by
Transfer Certificate of Title No. (TCT Number) issued by the Registry of Deeds
of (Name of Town or City);

WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER


/VENDOR has agreed to sell the above mentioned property under the terms
and conditions herein below set forth;

NOW THEREFORE, for and in consideration of the total sum of


(Amount in words) (Php: 000,000.00) Philippine Currency, and of the
covenants herein after set forth the SELLER/VENDOR agrees to sell and the
BUYER/VENDEE agrees to buy the aforesaid property subject to the following
terms and conditions: (Note: Terms and Conditions below are sample only,
please revise)

1. The total consideration shall be One Million (Php: 1,000,000.00) PESOS,


Philippine Currency, payable as follows:
a) The amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS,
representing earnest money shall be payable by the BUYER/VENDEE to the
SELLER/VENDOR upon signing of this Contract to Sell;

b) The remaining balance in the amount of SEVEN HUNDRED THOUSAND


(Php: 700,000.00) PESOS, shall be paid in Cash on or before ___________, 20__.

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;

3. Documentary Stamps Tax, Registration Fee, registration expenses, and all


other miscellaneous fees and expenses shall be to the account of the
BUYER/VENDEE;

4. Possession to the subject property shall be delivered by the


SELLER/VENDOR to the BUYER/VENDEE upon full payment of the total
consideration;

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.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,


this ___ day of ____________, 20__ at ______________________, Philippines.

(SELLER/VENDOR) (BUYER/VENDEE)
Name Name

WITH MARITAL CONSENT:

________________________ _________________________
Name of Seller/Vendor's Spouse Name of Buyer/Vendee's Spouse

SIGNED IN THE PRESENCE OF:

__________________________ ____________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_____________________________ ) SS.

BEFORE ME, a Notary Public, this ____________day of ________________,


personally appeared the following:

Name CTC Number Date/Place Issued

(Name of Seller/Vendor) 10000000 February 5, 20__ / Pasay City


(Name of Buyer/Vendee) 10000000 January 14, 20__ / Quezon City

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

Doc. No. ........;


Page No. .......;
Book No. .......;
Series of 20__.
8. RETAINER AGREEMENT BETWEEN CLIENT ANF LAW FIRM

August 9, 2019

CAPT. XYZ

President

ABC456 Shipmanagement Corp.

Attention: Mr. 123

Vice President/Managing Director

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.

Retainer Agreement Terms and Conditions

1. Scope of Responsibilities: As your retained legal counsel, our services shall


include the following:

1.1. To act as legal consultant to you and your various businesses,


rendering professional legal advice, specifically on matters concerning to the business
operations in the Philippines;

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. Professional Fees. In consideration of the foregoing scope of services, we will assess


your good selves the following fees;

2.1. Fixed monthly Retainer Fee: _____________________ (Php__________) this


amount shall be subject to adjustment, by mutual agreement, as work load
experience develop.

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.

Very truly yours,

ATTY. XXX

With my conformity:

_____________________________

CAPT. XYZ

President, ABC456 Shipmanagement Corp.

Date: __________
10. AFFIDAVIT OF MERIT

Republic of the Philippines )


City of ___________________ ) s.s.

AFFIDAVIT OF MERIT
I, ABC123, Filipino, of legal age, and resident of
________________________, do hereby depose and state:

1. I am the Petitioner in the case of _______________________, docketed


as __________________ pending before the Regional Trial Court
Branch ____;

2. I have caused the preparation of the Motion for Reconsideration in


which this affidavit is attached;

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;

4. I received a copy of the resolution of the Regional Trial Court


dismissing my petition for failure to prosecute for an unreasonable
length of time;

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;

6. The partners of my lawyer were not able to handle my case because


of their individual work loads and hectic schedules;
7. The foregoing circumstance that led to the dismissal of my petition
constitute mistake and/or excusabke negligence which ordinary
prudence could not have guarded against and by reason of which I
have been impaired of my rights, especially because a judgment was
rendered by the court without affording me the chance to present my
evidence;

8. I voluntarily execute this Affidavit of Merit to attest to the to the


truth of foregoing facts and in order to support the grounds in my
Motion for Reconsideration as it really shows that the same is
meritorious and in order that the Order or Judgment rendered
against me be reconsidered and set aside and new one be issued
reinstating the instant case.

IN WITNESS WHEREOF, affiants/appellants affixed their signature


this _____ day of May 2019 at Quezon City.

ABC123
Affiant

SUBSCRIBED AND SWORN TO before me a Notary Public of


_________________ this _____ day of August 2019, by the affiant exhibiting
to me her _______________ I.D. No.: ______________ valid until
________________ as her competent evidence of identity.

Doc No. _____;


Book No. _____; NOTARY PUBLIC
Page No. _____;
Series of 2019.
11. DEED OF ABSOLUTE SALE OF REAL PROPERTY

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made and executed by


and between:

FELICIDAD Q. LAGARDE, of legal age, Filipino, single and a


resident of 9010 Moscow St., BF Homes Las Piñas City, Philippines,
(hereinafter referred to as the “VENDOR”);

- and –

KRISTEL U. CHAN, of legal age, Filipino, single and a resident


of Dulce Subd. Brgy. San Fernando Pampanga, Philippines,
(hereinafter referred to as the “VENDEE”);

WITNESSETH;

WHEREAS, the VENDOR is the true and registered owner of


ONE (1) parcel of land, situated in BF Homes Las Piñas City,
Philippines, more particularly described as:

TRANSFER CERTIFICATE OF TITLE No. T-9014


Lot No. 2323-F-7, Psd-08-0888222-D

“A parcel of land designated as Lot 2323-F-7, Psd-08-


0888222-D, being a portion of Lot Lot 2323-G-7, Psd-08-0888999-
E, situated in BF Homes Las Piñas City. Bounded on the:

NE., along lines 1-2-3 by Lot 2324, Cad. 220; on the


SE., along lines 3-11 BY Lot 2323-A, Psd-08-0888999-E; on the
SW., along line 11-12 by Lot 2323-F-2;
along line 12-13 by Lot 2323-F-3;
along line 13-14 by Lot 2323-F-4; all of this subdivision; and on
NW., along line 14-1 by Road L9ot 3225-I, Psd-08-019154 (6.00 m.
wide).

Beginning at a point marked “1” on plan being S. 13’ – 55’W.,


952.14 m. from BBM #19, Cad. 220.

thence S. 82 deg. 28’ E. 10.76m. to point 2;


thence S. 35 deg. 18’ W., 10.50m. to point 3;
thence N. 47 deg. 21’ W., 4.65m. to point 4;
thence S. 81 deg. 58’ W., 9.95m. to point 5;
thence S. 24 deg. 39’ W., 4.56m. to point 6;
thence S. 03 deg. 25’ W., 11.09m. to point 7;
thence S. 24 deg. 21’ W., 9.80m. to point 8;
thence S. 67 deg. 06’ W., 7.22m. to point 9;
thence N. 84 deg. 35’ W., 13.24m. to point 10;
thence S. 09 deg. 45’ W., 9.39m. to point 11;
thence N. 54 deg. 06’ W., 22.37m. to point 12;
thence N. 54 deg. 06’ W., 14.25m. to point 13;
thence N. 54 deg. 08’ W., 6.59m. to point 14;
thence N. 76 deg. 02’ E., 73.87m. to point of beginning.

Containing an area of ONE THOUSAND FOUR HUNDRED FOURTY THREE


(1,443) SQUARE METERS, more or less. xxx

WHEREAS, the VENDOR desires to sell and the VENDEE


agrees to buy a SEVEN HUNDRED TWENTY-TWO (722) SQUARE
METER – PORTION of the aforementioned parcel of land, including
all the improvements found and standing thereon, if any, which
belongs to the VENDOR.

NOW, THEREFORE, for and in consideration of the sum of


SEVEN MILLION TWENTY-FIVE THOUSAN PESOS (Php.
7,025,000.00), receipt of which is hereby acknowledged by the
VENDOR to her full and complete satisfaction, the VENDOR does
hereby SELL, TRANSFER, and CONVEY the above-described
SEVEN HUNDRED TWENTY-TWO (722) SQUARE METER –
PORTION of the subject parcel of land, including all the
improvements found and standing thereon, if any, unto the
VENDEE, her heirs, successors and assigns, absolutely and free
from all liens and/or encumbrances.

Furthermore, the VENDOR hereby undertakes that she, her


heirs, successors, and assigns shall warrant and defend the title to
the real property subject of this Deed against all claims of all
person or entities. The VENDOR also guarantees the right of the
VENDEE to take possession of the property subject of this
agreement upon the signing and execution of this agreement and
will defend the latter against all judicial or administrative actions
for eviction. Capital gains tax, transfer tax and other taxes, fees
and charges that may be imposed on the transfer of title in favor of
the VENDEE shall be for the sole account of the VENDEE. This
Agreement shall be valid and binding not only on the parties herein
but also on their heirs, agents, representatives, successors and
assigns.

IN WITNESS WHEREOF, the parties have hereunto affixed


their signatures, this 08 August 2019 in Las Piñas City,
Philippines.
FELICIDAD Q. LAGARDE KRISTEL U. CHAN
VENDOR VENDEE
ID No. UMID No. 008-0153-2238-2 ID No. 20310301

Signed in the Presence of:

_______________________ _______________________
ID No. ________________ ID No. ________________

ACKNOWLEDGMENT

Republic of the Philippines


City of Las Piñas
x-------------------------------x

BEFORE ME, a Notary Public for and in the Province of


NCR, this 08 August 2019 personally appeared the above-named
parties with their respective evidences of identity, personally known
to me and who represented to me that their respective signatures
on the foregoing instrument were voluntarily affixed by them for the
purposes stated in the instrument and who declared that they have
executed the foregoing instrument as their free and voluntary act
and deed. This Instrument consists of only THREE (3) pages,
including this page in which this acknowledgment is written, duly
signed by the parties and their instrumental witnesses on each and
every page hereof. WITNESS MY HAND AND SEAL this 08 August
2019 in Las Piñas City, Philippines.

Doc. No, 22 EVITA GRACE TANG


Page No. 05 Notary Public
Book No. X Commission Expires 31 Decembe 2019
Series of 2019
12. DEED OF CONDITIONAL SALE

DEED OF SALE

KNOW ALL MEN BY THESE PRESENTS:


This Deed of Sale (“Deed”) is made and executed this
___________________________ in __________________________ by and among:

JUAN DELA CRUZ, of legal age, Filipino, Single, with resident


address at Barrio Datingdaan, Brgy. Pinasukan, Pasig City, and
hereinafter referred to as the “SELLER”;

-And-

CHARMAINE D.V. ESCORPISO, of legal age, Filipino, Single, with


resident address at Barrio Bagongbuhay, Brgy. Nilooban, Marikina
City, hereinafter referred to as the " BUYER";

WITNESSETH That:

WHEREAS, the SELLER is the registered owner of a parcel of land


located at Lot 12 Blk 34, Corinthian Gardens, Quezon City, distinctively
covered by Transfer Certificate of Title No. 56789 with a total land area of Five
Hundred Square Meters (500 sq.m.), more or less, and registered in the
Registry of Deeds of Quezon City (hereinafter referred to as the "Property");

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.

NOW, THEREFORE, for and in consideration of the foregoing premises


and of the mutual covenants, representations, undertakings and stipulations
hereinafter set forth, the Parties have agreed as follows:

Section 1. Purchase Price. The SELLER hereby sell, convey and


transfer, in a manner that is absolute and irrevocable, all her rights, interests
and title over the Property with the combined total land area of 500 sq.m. for
_____________________ Pesos (Php.00) per square meter with the total
consideration amounting to PESOS: TWO MILLION (Php2,000,000.00),
which shall be paid by the BUYER in installment subject to the conditions and
obligations set forth in this Contract:

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.

Section 2. Increase/Decrease in Area. If it is later determined that the


area of the Property as stated in this Contract is different than its actual
usable area, the Purchase Price shall be adjusted in accordance to the
increase/decrease area.

Section 3. Delivery of Documents. The SELLER, after having received


consideration and upon the 3rd installment of payment, hereby gives the
BUYER the right to the following documents but not limited to:

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.

Section 4. Representations and Warranties. The SELLERS hereby


represents and warrants that:

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.

Nothing in this contract shall be construed as a waiver of the warranties


provided for by the law.

Section 5. Taxes and Expenses. The Capital Gains Tax, Documentary


Stamp Tax, real property tax until the actual possession and turnover of the
Property is transferred to the BUYER and other expenses including the
commissions due to the brokers/agents shall be for the account of the
SELLER. The local transfer tax, registration fees for the transfer of title of the
Property in the name of the BUYER shall be for the account of the latter.

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"

Section 7. Breach/Termination. In the event that the SELLER


misrepresents or fails to comply/implement any of the above-mentioned
warranties, representations, undertakings, the BUYER, its assigns,
successors-in-interest, and/or duly authorized representatives, shall exercise
any of the following:

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.

In any event, to demand from the SELLER the


reimbursement/refund of the purchase price already paid and
expenses advanced by the BUYER, without prejudice to other
remedies available to 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 8. Amendment. The PARTIES reserve their right to amend this


Contract or any provision thereof subsequent to its execution. This Contract
maybe amended, changed, altered or otherwise modified, if mutually agreed by
BOTH PARTIES and only in writing signed by BOTH PARTIES or their
authorized representatives.

Section 9. Non-Waiver. Failure of the PARTIES to insist upon strict


performance of any of the terms, conditions and covenants hereof shall not be
deemed as a relinquishment or waiver of any rights or remedy that it may
have, nor shall it be construed as a waiver of any subsequent breach of the
terms, conditions or covenants hereof, which terms, conditions and covenants
shall continue to be in full force and effect.

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.

In the event of breach or circumvention of this confidentiality provision


by either party, the offended party shall be entitled to compensation equivalent
to the damage caused to him, including but not limited to all legal costs and
expenses incurred.

IN WITNESS WHEREOF, the PARTIES hereto have executed this


Contract To Sell to be signed at the date and place above written.

Seller:

______________________________
JUAN DELA CRUZ

Buyer:

______________________________
CHARMAINE D.V ESCORPISO

Signed in the presence of:


____________________________ __________________________
ACKNOWLEDGEMENT

Republic of the Philippines..............}


...............................................................} S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, this
_____ day of _________________, personally appeared the following persons:

Name Passport/I.D No. Issued On/At

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.

Doc. No. ________;


Page No.________;
Book No.________;
Series of ________.
13. PROMISSORY NOTE

(Promissory Note Simple Form with Interest)


PROMISSORY NOTE
P_____________

FOR VALUE RECEIVED, I promise to pay without need of demand to the


order of __Payee__, at his office at _____________, the principal amount
of PESOS: __________________________ (P_____________), on or
before _____________. In addition to the foregoing, I promise to pay
monthly interest at the rate of _____________ (_______%) percent,
without need of demand, starting from the month of _____________ until
this note is fully paid.
__Date__, _____________, Philippines.

Maker
14. DEED OF SALE OF REGISTERED LAND

KNOW ALL MEN BY THESE PRESENTS:

I, _(Full name of vendor)_, Filipino citizen, single/married to


___________________, of legal age with residence and post-office address at
_______________________, for and in consideration of the sum of
__________________ PESOS (P_______), Philippine currency, paid to me
today by __(Full name of vendee) Filipinocitizen, of legal age, with residence
and post office address at ______________________, do hereby SELL,
TRANSFER, ANDCONVEY absolutely and unconditionally, unto said
__________________ his/her heirs and assigns, that certain parcel of land,
together with the buildings and improvements thereon, situated in the
City/Municipality of ________________, and province), and more particularly
described as follows:

(Technical Description of property; specify metes


and bounds of the property with approximate area
thereof, as indicated on the face of the title)

of which I am the registered owner in fee simple, my title thereto being


evidenced by Transfer (or Original) Certificate of Title No. ________, issued by
the Register of Deeds of ___________.

It is hereby mutually agreed that the vendee shall bear all the expenses
for the execution and registration of this deed of sale.

IN WITNESSS WHEREOF, I have hereunto signed this deed of sale,


this _______day of _________, 20______ at (city or municipality), Philippines.

_____________________
___________________
Vendor Vendee

With my marital consent (if married):

________________
Vendor’s wife

SIGNED IN THE PRESENCE OF:

__________________________
_____________________________
Witness Witness
ACKNOWLEDGMENT

Republic of the Philippines)


City/Mun. of __________ ) S.S.

BEFORE ME, a Notary Public, for and in ________________, this


_______ day of _________________________ personally appeared:

Name Identification Card Issued


On/At

____________________ ________________ _____________


____________________ ________________ _____________
____________________ ________________ _____________
____________________ ________________ _____________

____________________ ________________ _____________

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 SALE and has been signed
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 2013.
15. EASEMENT OF RIGHT OF WAY

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into


this ______ day of ______________, 20__ by and between “A” owner of
the dominant estate, of legal age, single (or married to
___________________) and a resident of _________________ and “B”
, owner of the servient estate, also of legal age, single (or married to
____________________), and a resident of ________________________
witnesseth:

That “A” is the owner of a parcel of agricultural land located in the


municipality of ________________, province of ________________, and more
particularly described as follows, to wit:

(Description of “A’s” property)

which property is covered by T.C.T. No. ________ of the Register of Deeds of


______________, province of _______________, which lot is adjacent to “A’s”
property, and more particularly described as follows, to wit:

(Description of “B’s” property)

which property is covered by T.C.T. No. _____________ of the Register of


Deeds of the province of _____________________.

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;

That said path or passageway is particularly described in the attached


plan, “Annex A’,

WHEREFORE, for and in consideration of the sum of


_____________________ PESOS (P_________) the receipt whereof is hereby
acknowledged by “B”, the latter agrees and permits “A” to have a permanent
easement of right of way over the above-mentioned property of said “B” limited
to not more than two (2)meters wide throughout the whole length of the
western side of said property and as specifically indicated in the attached plan
which is made an integral part of this contract, as “Annex A”.

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.

IN WITNESS WHEREOF, the parties hereto have signed this


agreement the day and the year first above written, in the municipality of
_______________, province of _______________, Philippines.

__________________________ _____________________
(Signature of owner of the (Signature of owner of
dominant estate) servient estate)

SIGNED IN THE PRESENCE OF:

_________________________ __________________________

ACKNOWLEDGMENT
16. DEED OF ABSOLUTE SALE OF CONDOMINIUM UNIT

Republic of the Philippines)

City of Makati ) S.S.

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:

Condominium Certificate of Title No. 1234


Register of Deeds for Makati City

“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”.

Condominium Certificate of Title No. 1432


Register of Deeds for Makati City
“Unit No. 7A34 with parking Unit No. 67, located on the sixth floor of the
VICTORIA TOWERS, TOWER A, with a Net floor area of 100.00 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:

a) The provisions of the Condominium Act;


b) The Master Deed with the Declaration of Restrictions;
c) The Articles of Incorporation and the By-Laws of the condominium corporation;
d) The restrictions, limitations and easements of record;
e) The zoning or other restrictions upon the use of the property as may be imposed by
the Government and other government authorities having jurisdiction over the same.

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.

PING BACARON ERIKA ARA

Vendor Vendee

SIGNED IN THE PRESENCE OF:

________________________ _______________________

ACKNOWLEDGMENT
Republic of the Philippines)

Makati City )S.S.

BEFORE ME, a Notary Public for and in the above-indicated locality, on this
______________________ personally appeared:

NAME: RES. CERT. NO./Passport Date/Place Issued:


No.

PING BACARON E12345678 DFA MANILA 8/8/19

ERIKA ARA E98765432 DFA MANILA 8/8/19

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.

Doc No. _____;

Page No.______;

Book No. ______;

Series of 2019
17. SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, _____________________________, of legal age, Filipino, single, a resident of


, do by this presents hereby name, constitute
and appoint _____________________, likewise of legal age, Filipino, married, a resident of,
, to be my true and lawful Attorney-in-fact, for
me and in my name, place and stead, and for my own use and benefit, to do and perform all or any of
the following acts and things, to wit:

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:

__________________________ __

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY) S.S.

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.

Doc. No. _________;

Page No. _________; NOTARY PUBLIC

Book No. _________;

Series of 200___.
18. DEED OF CHATTEL MORTGAGE

DEED OF CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

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:

MODEL/MAKE : 2011 Isuzu

COLOR : Black

BODY : Canter

MOTOR NO. : 123456

SERIAL/CHASSIS NO. : 789666

PLATE NO. : XYZ-123

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.

JUAN DELA CRUZ

Mortgagor

With my marital consent (if married):

MARIA DELA CRUZ

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.

JUAN DELA CRUZ PEDRO DELOS SANTOS


Mortgagor Mortgagee

SIGNED IN THE PRESENCE OF:

MARIA MAKILING JUAN TAMAD


Witness Witness

ACKNOWLEDGMENT

Republic of the Philippines)

City of Makati ) S.S.

BEFORE ME, a Notary Public, for and in the City of Makati, this 25th day of June 2013
personally appeared:

Name Identification Card Issued On/At

JUAN DELA CRUZ SSS I.D. No. 123 1-1-11/Makati

PEDRO DELOS SANTOS SSS I.D. No. 222 2-1-11/Makati

MARIA DELA CRUZ SSS I.D. No. 333 3-1-11/Makati

MARIA MAKILING SSS I.D. No. 444 4-1-11/Makati

JUAN TAMAD SSS I.D. No. 555 5-1-11/Makati

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.

WITNESS MY HANDAND NOTARIAL SEAL.


Doc. No. ____
Page No. ____
Book No. ____
Series of 2013.

19. ASSIGNMENT OF BANK DEPOSIT

DEED OF ASSIGNMENT

KNOW ALL MEN BY THESE PRESENTS:

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.

IN WITNESS WHEREOF, the ASSIGNOR, (and the DEBTOR, in case of third-partyloan),


has/have hereunto signed this deed at ________________________ on ______________ .

Assignor Debtor

Signed in the presence of:

______________________ ________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES ) S.S. )

BEFORE ME, on this day of __________________ at the locality above mentioned, personally
appeared:

NAME COMPETENT EVIDENCE OF IDENTITY PLACE / DATE ISSUED

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

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”).

This Mortgage is constituted under the following conditions:


(1) The Mortgagor warrants that (i) it/he is the absolute and lawful owner of the Mortgaged
Properties; (ii) it/he has the full authority and power to mortgage the same, (iii) it/he has
performed all acts and deeds and obtained all consents, including government and regulatory
approvals, if applicable, which are necessary for the validity of this Mortgage; (iv) no
contractual, legal and/or regulatory impediments exist which will or may prejudice the validity
or enforceability of the Mortgage; (v) the Mortgaged Properties are free from all liens and
encumbrances and (vi) the Mortgaged Properties are not subject to any legal, administrative or
regulatory proceedings or processes which may prejudice, impair or render invalid this
Mortgage.

(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 _____________________________.

____________A. LIM_________ ___________B. LIM________

MORTGAGOR MORTGAGOR

TIN: 123-456-789 TIN: 101-112-131

Signed in the presence of:

________________________________ ___________________________________

Acknowledgment

REPUBLIC OF THE PHILIPPINES )

) SS.

BEFORE ME, in _______________on ____________________ personally appeared:

Name CTC and Government ID No. Date & Place Issued

Issued ID

A. LIM TIN 123-456-789 Manila, 1980

B. LIM TIN 101-112-131 Manila, 1985

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

List of Mortgaged Properties

Area (in Location and Description of


TCT No./Registry of Deeds Registered Owner
m2) Property
Unit 12, Francisco Court , M.
CCT No. 3627-R / RD: SAN JUAN CITY SPS. A AND B. LIM 345.74 Paterno St., Brgy. Pasadeña,
San Juan City

21. AFIDAVIT OF GOOD FAITH

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR AND MORTGAGEE hereby


jointly and severally swear that we executed the
foregoing Chattel Mortgage for the purpose of securing the
obligation/s specified in the provisions hereof, and for no other
purpose and that the same is/are just valid obligation/s and not
entered into for the purpose of fraud.

_________________ ________________ Mortgagor


Mortgagee

SUBSCRIBED and sworn to before me, this ___ day of 2019,


in the City of Manila by Maria Dela Cruz with passport No.
______ issued on ____ 2019 at ____________, Philippines.
Doc. No.-------- NOTARY PUBLIC
Page No.-------- Commission Serial No.-----
Book No.-------- Until December 31, 2017
Series of-------- Roll of Attorney--------------
IBP No. -----/Date/Place of Issue
IPR No.----/Date/Place of Issue

22. REFORMATION OF CONTRACT

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