Professional Documents
Culture Documents
Legal Forms: Form No. 1 Acknowledgment
Legal Forms: Form No. 1 Acknowledgment
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the
day, year, and place above written.
NOTARY PUBLIC
My commission expires Dec. 31, 19____
This Instrument, consisting of ____ pages, including the page on which this
acknowledgement is written, has been signed on the left and his 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
My commission expires Dec. 31, 19____
IN WITNESS WHEREOF, I have hereunto set my hand, the day, year, and place above
written.
NOTARY PUBLIC
My commission expires Dec. 31, 19____
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the
day, year, and place above written.
NOTARY PUBLIC
My commission expires Dec. 31, 19____
NOTARY PUBLIC
My commission expires Dec. 31, 19____
(Name of affiant), after being sworn in accordance with law, deposes and says: That
he is the plaintiff in the above-entitled case; that he has caused the above complaint to be
prepared and has read and knows the contents thereof; that the allegations therein are true oh
his own knowledge.
____________________________
(Signature of affiant)
AFFIDAVIT
AFFIDAVIT
That a true copy of the said pacto de retro sale is hereto attached as ANNEX A;
That pursuant to said deed of sale with pacto de retro, the said vendor
___________________________, should have exercised his right to repurchase the said
property within the period of ______________ years;
That the said period of repurchase has not been extended, either expressly or
impliedly, by affiant vendee a retro;
That by virtue of the said deed of sale with pacto de retro, and by the failure of the
vendor, ________________________ to duly repurchase the property therein mentioned with
the period stipulated, there was consolidated in the affiant, as vendee a retro, the absolute
ownership of the said property;
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of _____,
19___, in the Municipality of ________________, Province of ________________, Philippines.
____________________________
(Signature of affiant)
JURAT
AFFIDAVIT
That a copy of the above summons and order for publication had been deposited at the
post-office, postage, prepaid, directed to _________________________ by registered mail at
_____________________________.
____________________________
(Signature of Editor)
____________________________
(Address)
JURAT
AFFIDAVIT
That a sufficient cause of action exists against the defendant named therein;
That this action is one of those specifically mentioned in Sec. 1 of Rule 57 of the Rules
of Court, whereby a writ for preliminary attachment may lawfully issue; namely: (here state the
nature of the suit which should be one of the six causes of action mentioned in Rule 57, Sec. 1,
Revised R.C.J;
That there is no sufficient security for the claim sought to be enforced by the present
action;
That the amount due to the plaintiff in the above-entitled case is as much as the sum
for which an order of attachment is herein sought to be granted, above all legal counterclaims
on the part of the defendant.
____________________________
(Plaintiff)
JURAT
FORM NO. 11 AFFIDAVIT OF ADJUDICATION BY SOLE HEIR OF ESTATE OF DECEASED
PERSON
(See Form No. 40)
____________________________
(Signature of Maker)
____________________________
(Signature of Drawer)
TO: ________________________
(Name of Drawee)
________________________
(Address)
No. ____________________
____________________________
(Signature)
_____________________________
(Philippine currency)
NOTARY PUBLIC
My commission expires Dec. 31, 19____
TO: __________________________
(Name of drawee or indorser)
__________________________
(Address)
Sir: Notice is hereby given at the request of ___________________, the holder of draft drawn
by __________,dated __________________, payable to the order of ________________ for
the sum of _____________________ and indorsed (or made, or drawn, as the case may be) by
you, that the same was this day protested for non-payment (or non-acceptance, as the case
may be), and that the holder looks to you for the payment thereof; and for damages, interests,
and costs, said payment (or acceptance) having been demanded and refused.
NOTARY PUBLIC
My commission expires Dec. 31, 19____
1,000
(This obligation of the acceptor hereof arises out of the purchase of goods from the
drawer.)
____________________________
(Signature)
TO: _____________________________
(Name of drawee or buyer)
(Sgd.) DRAWEE-ACCEPTOR
DEED OF SALE
(Description)
of which I am the registered owner in fee simple in accordance with the Land
Registration Act, 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 WITNESS WHEREOF, I have hereunto signed this deed of sale, this _______ day of
______________, 19___, at (city or municipality), Philippines.
____________________________
(Vendor)
With my consent:
____________________________
(Vendors Wife)
__________________________
(Witness)
__________________________
(Witness)
ACKNOWLEDGMENT
(Description)
WHEREAS, the conditions of said purchase are stated in a certain deed of sale, a true
copy of which is hereto attached and made an integral part hereof, as Annex A";
WHEREAS, at the time of this transfer, the total amount (including interests) already
paid by ______________________ (original debtor) to___________________ (creditor/seller)
is _______________________ PESOS (_____________) leaving an unpaid balance of
_____________________________ PESOS (_____________);
WHEREAS, ____________________________ (new debtor/transferee) agrees to
substitute the person of __________________________ (original debtor) in all of the latters
rights and obligations in said Annex A;
IN WITNESS WHEREOF, the parties hereto have signed this deed of transfer this
_____ day of __________________, 19____, in the city/municipality of __________________,
province of ___________________________, Philippines.
____________________________ ____________________________
(Original debtor/transferor) (New debtor/transferee)
____________________________
(Creditor/seller)
____________________________
____________________________
ACKNOWLEDGMENT
DEED OF SALE
(Full name of vendee), Filipino, of legal age, with residence and post-office address at
__________________, DOES HEREBY SELL, TRANSFER, AND CONVEY unto said
(Full name of vendee), his/her heirs and assigns, that certain parcel (or parcels) of
land, together with all the buildings and improvements thereon belonging to the vendor and in
present possession of _______________________, situated in _______________, and more
particularly described as follows, to wit:
(Description: State nature of each piece of land and its improvements, situation,
boundaries, area in square meters, whether or not the boundaries are visible on the land by
means of monuments or otherwise, and in the affirmative case, in what they consists; the
permanent improvements, if any, existing on the property; the page number of the assessment
of each property for current year or years when registration is made; the assessed value of the
property for the year.)
That it is hereby declared that the boundaries of the foregoing land are visible by
means of ______________________________; that the permanent improvements existing
thereon consist of ____________________________ (If none, state so); that the land is
assessed for the current year at ________________ as per Tax Declaration No. _________,
and the building and/or improvements, at _____________ as per Tax Declaration No.
__________________, of the City/Philippine Assessor of ___________________;
The above-described real estate, not having been registered under Act No. 496 nor
under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument
under the provisions of Sec. 194 of the Revised Administrative Code, as amended by Act No.
3344.
IN WITNESS WHEREOF, the parties hereto have signed this deed this _______ day of
__________, 19_____ in ___________________________, Philippines.
____________________________ ____________________________
(Vendee) (Vendor)
____________________________
____________________________
ACKNOWLEDGMENT
NOTE: In addition to the requisites of law for the due registration of an ordinary deed of
sale of land, a deed of sale of private agricultural land must conform with the
Constitution of the Philippines (Sec. 7, Art. XII, 1987 Const.) which specifically requires
that (S)ave in case of hereditary succession, no private lands shall be transferred or
assigned except to individuals, corporations, or associations, qualified to acquire or hold
lands of the public domain that is, only to Filipino citizens or to corporations or
associations at least 60% of the capital of which is owned by such citizens. Circular No.
9 of the Dept. of Justice, dated May 5,1937, among other things, requires that the deed
of sale, in case the vendee alleges to be a citizen of the Philippines, must be
accompanied by an affidavit of the vendee stating how and when such citizenship of the
vendee has been acquired; if by naturalization, the certificate of naturalization or a
certified copy thereon must be exhibited to the notary who shall make a notation of the
particulars thereof in the deed; provided, however, that if the vendee is personally
known to the notary public to be a Filipino citizen, these requirements may be dispensed
with, in which case the notary will recite that fact in the body of the acknowledgment or
elsewhere in the deed. If the vendee is a juridical person, the deed must state that it
has the constitutional right to acquire public and private lands in the Philippines, and
when the deed is to be registered in the Register of Deeds, it must be accompanied by a
certificate of the Securities and Exchange Commission showing that the corporation or
association is duly registered in his office, and by an affidavit of the treasurer of the
corporation or of the association stating that not less than 60% of the capital thereof is
owned by Filipino citizens. Such affidavit as required above in the case of an individual,
may be framed as follows, to wit:
AFFIDAVIT
That I am the vendee in the sale of the above-described private agricultural land; That I am a
naturalized citizen of the Philippine, by virtue of final decision of the CFI
___________________________________; on ____________________________ that a
certified copy of my certificate of naturalization is hereto attached as Annex A; that I am
qualified to acquire and hold public and private lands in the Philippines.
____________________________
(Signature of Affiant)
JURAT
This Deed of Sale with Pacto de Retro made and executed by and between
Witnesseth:
That the VENDOR is the absolute owner of a certain parcel of land with all the buildings
and improvements thereon, situated in _______________________, and more particularly
described as follows, to wit:
his title thereto being evidenced by Transfer (or Original) Certificate of Title No.
_____________________ issued by the Register of Deeds of _____________________;
That the VENDOR, for and in consideration of the sum of _____________________ PESOS
(_____________), Philippine currency, to him in hand paid and receipt whereof is hereby
acknowledged, does hereby SELL, TRANSFER, and CONVEY, under PACTO DE RETRO unto the
said VENDEE, his heirs and assigns, the above-described property with all the buildings and
improvements thereon, free from all liens and encumbrances whatsoever;
That the VENDOR, in executing this conveyance, hereby reserves the right to REPITRCHASE,
and the VENDEE, in accepting same, hereby obligates himself to RESELL, the property herein
conveyed within a period of ________________ years from and after the date of this
instrument, for the same price of _____________________ PESOS (_____________),
Philippine currency: Provided, however, that if the VENDOR shall fail to exercise his right to
repurchase as herein granted within the period stipulated, then this conveyance shall become
absolute and irrevocable, without the necessity of drawing up a new deed of absolute sale,
subject to the requirements of the law regarding consolidation of ownership of real property.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands _____ this day
___________ of _________________, 19____ in ___________________, Philippines.
____________________________ ____________________________
(Vendor) (Vendee)
____________________________
(Vendors Wife)
____________________________
____________________________
ACKNOWLEDGMENT
DEED OF RESALE
Filipino, of legal age, (single or married to _____________) , with residence and post-office
address at ____________________________, for and in consideration of the sum of
____________________________ PESOS (_____________), Philippine currency, to me in
hand paid by
Filipino, of legal age, (single or married to __________________), with residence and post
office address at ___________________________ do hereby by these presents RESELL,
RETRANSFER, AND RECONVEY unto the said _____________________________ that certain
parcel of land, with all the buildings and improvements thereon, situated in
____________________ and more particularly described as follows, to wit:
covered by Transfer (or Original) Certificate of Title No. _______________ of the Registry of
Deeds of _________________, and which property was previously sold to me under pacto de
retro by the said _________________ on _____________________, executed before Notary
Public ________________, and bearing Not. Reg. No. ___________, Page __________, Book
_______________, Series of _______________ of his notarial register, copy of which is hereto
attached as ANNEX A.
IN WITNESS WHEREOF, the parties hereto have hereunto set my hand _____ this day
___________ of _________________, 19____ in ___________________, Philippines.
____________________________
(Vendor)
____________________________
(Vendors wife, if any)
____________________________
(Witness)
____________________________
(Witness)
ACKNOWLEDGMENT
DEED OF SALE
do hereby SELL, TRANSFER, and CONVEY unto the said _____________________, his/her
heirs and assigns, that certain parcel (or parcels) of land, together with the buildings and
improvements thereon, situated in _______________________, and more particularly
described as follows, to wit:
(Copy here the description of the portion sold as subdivided as per plan and technical
description of such portion approved and certified by the Bureau of Lands)
which said parcel of land is a portion of Lot No. ____________, Block No. _____________ of
the Cadastral Survey of the ______________________, as described in the Transfer Certificate
of Title No. ____________________ of the Registry of Deeds of ________________, issued in
favor of ___________________________;
That the remaining portion of the parcel of land from which the above-described portion
was segregated, is described as follows:
(Copy here the description of the remaining portion as per plan and technical description
approved and certified by the Bureau of Lands.)
IN WITNESS WHEREOF, I have hereunto signed this deed on this day ___________ of
_________________, 19____ in ___________________, Philippines.
____________________________
(Vendor)
____________________________
____________________________
ACKNOWLEDGMENT
This DEED OF SALE WITH MORTGAGE, made and executed by and between
(Full name of vendor), Filipino, of legal age, single (or married to _________________),
with residence and post-office address at __________________________, hereinafter called
the VENDOR-MORTGAGEE and
Witnesseth:
That the VENDOR-MORTGAGEE is the owner in fee simple of a certain parcel of land
together with all the buildings and improvements thereon, situated in ___________________
his title thereto being evidenced by Transfer (or Original) Certificate of Title No.
______________ of the Registry of Deeds of ____________________ which land is more
particularly described as follows, to wit:
(Description of land)
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this _____
day of __________, 19_____ in ___________________________, Philippines.
____________________________ ____________________________
(Vendor-Mortgagee) (Vendee-Mortgagor)
____________________________
____________________________
ACKNOWLEDGMENT
This Contract, made and executed on this _______ day of _______, 19 ____ at
____________________________, Philippines, by and between:
- and -
WITNESSETH: THAT
Whereas, the Developer is the absolute and registered owner of a parcel of land located
at ______________________________, Baguio City, Philippines with a total area of
___________________________ square meters, more or less, which are more particularly
described in and whose title is evidenced by Transfer Certificate of Title No.
____________________, of the Registry of Deeds for the City of Baguio;
Whereas, the Developer intends to set up a condominium project (the Project) on the above-
described parcel of land, consisting of ___________________________ apartments or units
(the Unit(s)), in accordance with the provisions of Republic Act No. 4726, otherwise known as
the Condominium Act, and pursuant to an instrument dated ________________________ Doc.
No. __________ Page No. _______________ Book No. _________________ Series of
______________________ of the Notarial Register of _____________________ of
______________________ consisting of a Master Deed (Part I) and Declaration of Restrictions
(Part II), copy of which, without the annexes, is hereto attached as Exhibit 1 and made an
integral part hereof;
Whereas, the development plans for the Project, including the plans and specifications of
the buildings included in the Project, are set forth in the Master Deed;
Whereas, the Purchaser desires to buy the Unit(s) described below subject to the
provisions hereinafter set forth;
Now therefore, for and in consideration of the foregoing premises, and the payment of the
purchase price herein below specified, the Developer has agreed to sell, transfer, and convey to
the Purchaser the Unit(s) described below, subject to the provisions hereinafter set forth, to
wit:
1. The Unit(s) Purchased, (a) The Purchaser agrees to buy the
following described Unit(s) or apartment(s) in the Project, and the parking space described
opposite each Unit is hereby assigned and set aside to the exclusive use of such Unit as a
Limited Common Area pursuant to Section ______________________ of the Master Deed;
(b) The Units are being sold unfurnished. The equipment and fixtures shown on the plan
are merely for purposes of illustration and shall not be deemed included in the sale, except for
those items specified in the Master Deed.
2. Price and Terms of Payment. The purchase price of the Unit(s) herein purchased
shall be _______________________________ pesos (_____________), Philippine currency,
payable in the following manner;
(c) All payments shall be made on or before their respective due dates without necessity
of any demand therefor. Unless otherwise specified in writing by the Developer, all payments
shall be made by the Purchaser to the Developer through the ___________________. Official
receipts will be issued to the Purchaser based on deposits made in favor of the Developer.
3. Delivery.
(a) The Unit(s) herein purchased shall be completed and delivered to the Purchaser on or
before ____________________________ (________) months after the signing of this contract.
This period excludes any delay caused by fire, earthquakes, acts of God, the elements, war or
civil disturbances, strikes or other labor disturbances, economic controls making it impossible or
difficult to obtain the necessary materials, acts of third persons, or other matters, causes, or
conditions beyond the control of the Developer.
(b) If the Developer fails to deliver the Unit(s) subject hereof on the due date, then the
Developer agrees to pay the Purchaser interest at the rate of one (1%) per centum per month
on the total principal payments made, and the Purchaser may withhold his monthly amortization
until the Developer has delivered the Unit.
(c) If the Developer fails to deliver the Unit(s) within ________________ (___________)
months after due date, then the Developer agrees to return to the Purchaser all his/her
principal payments, plus the 1% interest per month thereon, as provided in preceding
subparagraph of this section.
(d) Upon completion of the Unit(s) subject hereof, the Developer shall so notify the
Purchaser. The delivery of such notice (which shall be sent to the Purchaser at the address as
hereinabove stated) shall constitute constructive delivery of the Unit(s) subject hereof to the
Purchaser, notwithstanding the failure of the Purchaser to take actual possession of the Unit(s).
From and after such constructive delivery, all risks of loss or damage to the Unit(s) shall be
covered by the requirements set forth in the Master Deed and the Declaration of Restrictions.
Upon full payment by the Purchaser of the full amount of the purchase price stipulated
under Section 2 hereof and otherwise upon full compliance by the Purchaser of all its
obligations herein, the Developer will convey to the Purchaser all the rights and interest of the
former in and to the Unit(s) subject hereof, together with the interest in the Common Areas and
in the Condominium Corporation appurtenant to such Unit(s). The rights and interests so
conveyed shall be subject to the provisions of the Condominium Act, the Master Deed, the
Declaration of Restrictions, the Articles and By-Laws of the Condominium Corporation.
Should the Purchaser be a natural person, the Developer shall be authorized to take out
insurance on the life of the Purchaser, the premium to be paid exclusively by the Developer and
the proceeds of which shall be made applicable to the outstanding balance due the Developer
from the Purchaser with the understanding that should the Purchaser die at anytime during the
existence of the contract, subject to the requirements of the Developer-Insurer and the
compliance of all the obligations of the Purchaser as of the date of the death the insurance
proceeds shall be applied directly to the outstanding balance due the Developer from the
Purchaser and the former shall, upon receipt of the said balance, transfer to the designated
beneficiary the title to the subject matter hereof. For purposes of the application of this
contingency, the designated beneficiary of the Purchaser is ___________________, whose
address is _____________________________, the Purchaser, reserving to himself the
exclusive right to change beneficiary as and when he should so desire.
Notwithstanding anything to the contrary, in the event that the Purchaser is not insurable,
the Purchasers rights and obligations in case of death shall subsist.
(a) The Purchaser, in proportion to his unit-holding(s) as specified in the Master Deed,
agrees to pay to the Developer through the ______________________________ without the
need of demand, all the taxes and assessments levied or which may be levied on the land
and/or buildings during the term of this Contract, at least (10) days before they become due,
and in case of failure to do so the Developer may pay said taxes and assessments which shall
be reimbursed by the Purchaser together with interest at the rate of one (1%) per centum per
month. The tax declaration of the Unit(s) shall remain in the name of the Developer until after
the Purchaser shall have paid all sums of money due to the Developer under the terms of this
agreement.
(b) The Developer is hereby authorized to procure such insurance on the Building as it
may deem necessary for the first year after completion of the Building. The premiums on such
insurance shall be assessed against, all Unit purchasers in accordance with the By-Laws of the
Condominium Corporation.
(c) Documentary stamps, registration fees, taxes and all other expenses incident to the
transfer of title to the Unit(s) herein sold to the Purchaser, shall be for the account of the
Purchaser.
(d) Before transferring title to the Unit(s) subject hereof, the Purchaser agrees to
reimburse the Developer for the Purchaser's pro rata share in assessments which were
advanced by the Developer and to pay for expenses due herein from the Purchaser.
Section 6. Assignment
This Purchaser may not assign this contract or any right or interest therein or in the Unit(s)
subject hereof, without the prior written consent of the Developer.
This contract states the entire agreement between the parties, and the Developer is not
and shall not be bound by any stipulations, representations, agreements or promises, oral or
otherwise, not contained in this contract or incorporated herein by reference.
This contract shall be deemed subject to the provisions of the Condominium Act, the
Master Deed, the Declaration of Restrictions, and the by-laws of the Condominium Corporation.
In the event of a material variation in the value of Philippine currency due to inflation or
devaluation, the outstanding balance of the purchase price herein stipulated shall be adjusted in
favor of the Developer so as to reflect the value of the currency as of the date of the execution
of this contract. A material variation in the value of Philippine currency shall be deemed to exist
when there is a diminution to the extent of 15% in the purchasing power of the Philippine
currency as reflected in the Central Bank of the Philippines official report or when there is an
official devaluation of the currency.
(a) Should the Purchaser fail to make the payment of any of the monthly installments
together with the interest thereon as agreed herein or of all the corresponding proportionate
obligations or dues for taxes and assessments levied on the land and the building herein
involved during the term of this contract within thirty (30) days from its due date, this Contract
shall, by the mere fact of non-payment, expire by itself and become null and void without
necessity of notice to the Purchaser or of any judicial declaration to the effect, and any and all
sums of money paid under this contract together with all the improvements made on the
premises shall be considered and become rentals on the property, and in this event, the
Purchaser, should he/she continue in possession of the Unit(s) herein purchased shall become a
mere intruder or unlawful detainer of the same and may be ejected therefrom by the means
provided by law for trespassers or unlawful detainers. Immediately after the expiration of the
30-day period provided for in this clause, the Developer shall be at liberty to dispose of and sell
said Unit(s) and its appurtenances to any interested third person.
The breach by the Purchaser of any of the conditions, restrictions or obligations contained
herein shall have the same effect as non-payment of the installments of the purchase price.
IN WITNESS WHEREOF, the parties hereto have signed these presents in the place
and on the date first above written.
BY:
____________________________ ____________________________
TAN 2085-930-0 Purchaser
TAN ________________________
____________________________
Purchaser
TAN ________________________
____________________________
____________________________
ACKNOWLEDGMENT
DEED OF ASSIGNMENT
This DEED OF ASSIGNMENT, made and executed by and between (full name of debtor-
assignor), Filipino, of legal age, single (or married to _________________), with residence and
post-office address at ___________________________________ hereinafter called the
ASSIGNOR, and (full name of creditor-assignee), Filipino, of legal age, single (or married to
____________________________) with residence and post-office address at
_________________________________ hereinafter called the ASSIGNEE, witnesseth:
of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by
Transfer (or Original) Certificate of Title No. _______________ of the Register of Deeds of
___________________;
That the ASSIGNEE does hereby accept this assignment in full payment of the above-
mentioned debt of ________________________ PESOS (_____________).
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this _____
day of __________, 19_____ in ___________________________, Philippines.
____________________________ ____________________________
(Assignor) (Assignee)
Signed in the presence of:
____________________________
____________________________
ACKNOWLEDGMENT
DEED OF EXCHANGE
WITNESSETH:
That the said ___________________ is the owner in fee simple of that certain parcel of
land with improvements thereon, situated in ______________________________ and more
particularly described as follows, to wit:
(Description of property)
his title thereto being evidenced by Transfer (or Original) Certificate of Title No.
_________________ of the Registry of Deeds of ___________________________;
That the said ____________________is, on the other hand, the owner in fee simple of that
certain parcel of land with improvements thereon situated in ____________________ and more
particularly described as follows, to wit:
(Description of property)
his title thereto being evidenced by Transfer (or Original) Certificate of Title No.
_______________ of the Registry of Deeds of ____________________;
That both parties hereto have mutually agreed to exchange their respective properties as
above-described, each free from all liens and encumbrances whatsoever;
WHEREFORE, the said _______________ does hereby CEDE, TRANSFER and CONVEY unto
the said _______________________ the real estate first above-described, with all the
improvements thereon; and likewise, the said ____________________, in turn, does hereby
CEDE, TRANSFER, and CONVEY unto the said __________________________ the real estate
described in the second instance, with all the improvements thereon;
That the respective parties hereto warrant to each other the title to the properties they
have respectively ceded, transferred, and conveyed, against all claims of any person
whatsoever.
IN WITNESS WHEREOF, both parties have hereunto set their hands this _____ day of
__________, 19_____ in ___________________________, Philippines.
____________________________ ____________________________
(Signature) (Signature)
Signed in the presence of:
____________________________
____________________________
ACKNOWLEDGMENT
CONTRACT OF ANTICHRESIS
This CONTRACT OF ANTICHRESIS made and entered into this _______ day of _____ ,19
______, by and between ______________________, of age, single (or married to
__________________________),residing at __________________________ hereinafter called
the DEBTOR, and _____________________, of age, single (or married to
_____________________), residing at _______________________, hereinafter called the
CREDITOR, witnesseth:
That the DEBTOR hereby acknowledges to be indebted to the CREDITOR in the principal
sum of ___________________________ PESOS (_____________) due and payable since
_________________ 19____, with interest at the rate of ______ % from _______________,
the date of the loan;
That the accrued interest alone now due and payable on the principal amounts to
______________________________________ PESOS (_____________), as of
_______________________________, 19_____;
That the total amount owing by the DEBTOR to the CREDITOR, including the interest is
_______________________ PESOS (_____________) as of this date;
That the DEBTOR, in order to be able to pay the CREDITOR, hereby agrees to permit and
allow the latter to take possession of a certain parcel of riceland belonging to the DEBTOR,
located in ___________________________, and more particularly described as follows, to wit:
which land is covered by T.C.T. No. ______________ of the registry of deeds of the province of
_________________________________;
That the CREDITOR by virtue hereof shall have the right to cultivate, and receive the fruits
of, the above-described land, with the obligation of applying the net proceeds thereof to the
extinguishment of the above-mentioned loan;
That the net market value of the fruits obtained or harvested at the time of the application
thereof to the interest and principal shall be the measure of such application of payments;
That, the parties hereby agree that the DEBTOR shall not reacquire the possession and
enjoyment of the above-described property without first having totally paid what he owes the
CREDITOR: Provided, however, that in no case shall the right of possession and enjoyment on
the part of the CREDITOR continue for more than _________________ years, after which the
right of possession and enjoyment shall revert automatically to the DEBTOR, without prejudice
on the part of the CREDITOR to avail himself of the other remedies provided for by existing law.
It is also agreed that while this contract is in effect, all taxes and other charges upon the
estate in question shall be for the account of the DEBTOR.
IN WITNESS WHEREOF, the parties hereto have hereunto signed this contract the day and
year first above written, in the municipality of __________________, province of
_____________, Philippines.
____________________________ ____________________________
(Creditor) (Debtor)
____________________________
____________________________
ACKNOWLEDGMENT
This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this ______ day of
________, 19____ by and between A, owner of the dominant estate, of age, single (or
married to _______________________), and resident of ___________________________, and
B, owner of the servient estate, also of age, single (or married to _________________), and
resident of ________________________________ witnesseth:
(Description of As property)
(Description of Bs 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 Bs 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 Bs 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,
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 dominant) (Signature of owner of servient estate)
____________________________
____________________________
ACKNOWLEDGMENT
Witnesseth:
(Description of property)
And it is understood that the failure of the said ___________________ to exercise his
option within the above-mentioned period shall ipso facto cancel his right to purchase, as well
as to the amount paid, and thereupon this Option shall lapse, cease, and shall be of no further
force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at
___________, Philippines, this ____ day of _________, 19_____
_______________________________
_______________________________
(Signature of parties)
Witnesses:
____________________________
____________________________
ACKNOWLEDGMENT
This AGREEMENT, executed this _____ day of __________, 19_____ by and between the
San Antonio Subdivision, with offices at No. 10 Kitanlad St., Quezon City, Philippines,
hereinafter referred to as OWNER, and
Witnesseth:
(1) The PURCHASER agrees to pay the OWNER upon execution of this Contract the sum
of ____________________________ PESOS (_____________), as first payment on account of
the purchase price and agrees to pay the balance of ____________________________ PESOS
(_____________), at the residence of the OWNER in Quezon City, Philippines, or such other
office as the OWNER may designate in _________________ equal monthly installments of
_________________________ PESOS (_____________), interest being included on
successive monthly balance at ________ % per annum, and payments to be made on the
_____ day of each month hereafter beginning ______________, 19____.
(2) The PURCHASER obligates himself to reimburse the OWNER for real estate taxes,
special assessments and other charges which may attach against said parcel of land during the
term of this contract.
(3) Title to said parcel of land shall remain in the name of the OWNER until complete
payment by the PURCHASER of all obligations herein stipulated, at which time the OWNER
agrees to execute a final deed of sale in favor of the PURCHASER and cause the issuance of a
certificate of title in the name of the latter, free from liens and encumbrances except those
provided in the Land Registration Act, those imposed by the authorities, and those contained in
Clauses Nos. (10) and (16) of this agreement. Registration fees and documentary stamps of the
deed of sale shall be paid by the PURCHASER.
(4) Only the PURCHASER shall be allowed for all legal purposes to take possession of the
parcel of land upon payment of the down payment: Provided, however, that pending the
payment of the full price his/her possession under this agreement shall be only that of a tenant
or lessee, and subject to ejectment proceedings during all the period of this agreement.
(5) In the event that any of the payments as stipulated be not paid when, where, and as
the same become due, it is agreed that sums in arrears shall bear interest at the rate of
TWELVE (12%) per centum per annum payable monthly from the date on which said sum is
due and payable.
(6) If any such payment or payments shall continue in arrears for more than sixty days,
or if the PURCHASER shall violate any of the conditions herein set forth then the entire unpaid
balance due under this contract, with any interest which may have attached shall at once
become due and payable and shall bear interest at the rate of TWELVE (12%) per centum per
annum until paid, and in such case, the PURCHASER further agrees to pay to the OWNER a sum
equal to ten (10%) per centum of the amount due as attorneys fees.
(7) In case the PURCHASER fails to comply with any conditions of this contract and/or
fails to pay any monthly installments or any payments herein agreed upon, the PURCHASER
shall be granted a period or periods of grace which in no case shall exceed (60) days to be
counted from the date the condition is breached, or the said payments ought to have been
made, during which period of grace the PURCHASER must comply with the said condition or
satisfy all due monetary obligations including those which correspond to the period of grace.
OTHERWISE, the Contract shall be automatically cancelled and rescinded and of no force and
effect, and as a consequence thereof, the OWNER may dispose of the parcels of land covered
by this Contract in favor of other persons, as if this Contract had never been entered into. In
case of the cancellation of this Contract all amounts paid in accordance with this agreement
together with all the improvements introduced in the premises, shall be considered as rents
paid for the use and occupation of the above-mentioned premises and as payments for the
damages suffered by the OWNER on account of the failure of the PURCHASER to fulfill his part
of this Contract and the PURCHASER hereby renounces all his rights to demand or reclaim the
return of the same and further obligates himself to peacefully vacate the premises and deliver
the same to the OWNER: PROVIDED, HOWEVER, that any consideration, concession, tolerance
or relaxation of any provisions hereof shall not be interpreted as a renunciation on the part of
the OWNER of any of his rights granted in this CONTRACT.
(8) The PURCHASER agrees not to sell, cede, encumber, mortgage, transfer or in any
other manner affect his rights under this contract without the express consent of the OWNER in
writing until all the stipulations of this contract shall have been fulfilled.
(9) The term of this agreement is established for the exclusive benefit of the OWNER
and who shall be under no obligation to receive payment of any installment or any other
payment before the same is due. Provided, however, that the OWNER, in its sole and absolute
discretion, may allow the purchaser to pay the outstanding unpaid capital totally or partially,
upon such terms and conditions as maybe imposed by the OWNER: Provided, furthermore, that
in case the OWNER allows partial payments in advance, such payments will not relieve the
PURCHASER from paying the agreed monthly installments and the only effect of such partial
payments shall be to shorten the term of the contract. Payment of fractional installments will
not be accepted.
(10) The PURCHASER agrees as a further consideration of this contract that no building
except of strong materials not less than 10,000.00 shall be constructed upon the said parcel of
land. It must be provided with modern sanitary installations connected to an approved septic
tank.
(11) This Contract shall be obligatory upon the heirs, successors, administrators, and
assigns of the respective parties, PROVIDED that the death of the PURCHASER shall operate to
cancel this contract and forfeit all his interest therein to the OWNER unless within THREE (3)
months from the death of the purchaser an administrator shall have been appointed by a
competent court and the OWNER notified of such appointment, or unless the heirs or one of
them comply with the terms of this contract without estate proceedings.
(13) Should the OWNER resort to the Courts of Justice in order to eject the PURCHASER
and/or for the protection of its rights or redress of its grievances, under this agreement, the
PURCHASER agrees to pay to the OWNER, by way of attorneys fees, a reasonable sum which in
no case shall be less than Five Hundred Pesos (500.00), Philippine currency, if the case is in
the Municipal or Justice of the Peace Court, an additional One Thousand Pesos (1,000.00),
Philippine currency, if the case reaches [or is) the Court of First Instance, and a further sum of
Two Thousand Pesos (2,000.00), Philippine currency, if it reaches the Court of Appeals or the
Supreme Court, and, in addition, the costs and expenses of litigation and the damages, actual
or consequential, to which the OWNER may be entitled by law.
Nothing in this section shall be construed as in any way amending the automatic provisions
provided in Clauses Nos. (6) and (7) hereof.
(14) In the event of suit arising from this contract, the parties hereto agree that the
venue of the action shall be in the courts of justice of Quezon City, Philippines.
(15) That the PURCHASER hereby represents and makes manifest that this entire
agreement has been read and/or translated in a language or dialect known to and understood
by him, her.
(16) The property is subject to a perpetual easement of two (2) meters within the lot and
adjacent to the rear and two sides thereof for the purpose of inspection, measurements,
relocation survey, laying of monuments or of necessary lines of water, gas, electric power,
telephones and other public services, and the PURCHASER hereby agrees that the OWNER or its
representatives or representatives of public utility entities shall have the right to enter the
property any time for the construction or repair of the above purpose for which the easement is
created and any inconvenience or disturbance thus caused shall not be a cause for the
rescission of this agreement or for an action for damages.
(17) The parcel of land, subject to this agreement shall be used by the PURCHASER
exclusively for residential purposes and he shall not be entitled to take or remove soil, stones or
gravel from it or from any other lot belonging to the OWNER nor shall the lot be utilized for
poultry or piggery.
(18) The PURCHASER shall do or pay for any filling or any improvements on the land
which maybe required by the Government or other competent authority, and in case the
OWNER is compelled to make such filling or improvements, the former shall reimburse the
OWNER of the cost and expenses thereby incurred by the latter by paying an initial payment of
TWENTY (20%) per centum of the total cost of the filling or improvements and paying the
balance on equal monthly installments for the remainder of the term of this agreement, bearing
interest over the unpaid balance, at the rate of TWELVE (12%) per centum per annum. The
initial payments shall be due from the day the filling or improvements has been completed, and
the monthly payments shall commence on the first day of each calendar month thereafter.
Should this contract be cancelled and terminated in accordance with Clause No. 13 hereof, the
filling or any other improvements made, whether totally or partially paid by the PURCHASER,
shall form part of and be attached to the land and shall become the property of the OWNER
without any obligation on the part of the latter to indemnify the PURCHASER for the cost of the
same.
(19) This agreement cancels and supersedes all previous contracts or agreements, if any,
between the parties herein in connection with the parcel of land subject of this agreement, and
it shall not be amended, changed, modified, novated or in any way altered by repeated acts of
tolerance of the OWNER, as any such amendments, changes, modifications, novations or
alterations shall be valid only if made in writing and signed by both parties to this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument at Quezon City.
Philippines, on the day, month and year first above written.
By:
_______________________________
_______________________________
Purchaser
____________________________
____________________________
ACKNOWLEDGMENT
ANTE-NUPTIAL AGREEMENT
This ANTE NUPTIAL AGREEMENT, entered into thisday of ______, 19____, by and
between ____________________, of age and resident of _______________________ and
___________________, of age and resident of ________________________________
Witnesseth:
That the parties hereto are about to enter into a contract of marriage, tentatively
scheduled to take place on __________________________________;
That they hereby mutually agree that their property relations as future spouses shall be
under the regime of COMPLETE SEPARATION OF PROPERTY during the marriage;
That all the property, real and personal, now owned or hereafter to be owned by the future
wife, ______________________________, shall remain to be her own exclusive and separate
property, subject to her sole disposition, administration, and enjoyment; while those of the
future husband, ____________________________ shall likewise remain to be his own absolute
ownership, disposition, and administration;
That all earnings from any profession, business, or industry shall likewise belong to each
future spouse;
That each future spouse shall proportionately bear the family expenses, including the
rearing and education of future children that may be begotten or that may be adopted during
the marriage;
That this agreement shall take effect upon the celebration of the marriage.
IN WITNESS WHEREOF, the parties hereto have signed their names unto his documents
this ____ day of _________, 19_____, in __________________, Philippines.
_______________________________
(Future Husband)
_______________________________
(Future Wife)
____________________________
____________________________
ACKNOWLEDGMENT
PARTITION AGREEMENT
WITNESSETH:
WHEREAS, the above-named parties are the registered sole and exclusive co-owners of
that certain parcel of land situated in __________________________, and more particularly
described as follows, to wit:
their title thereto being evidenced by Transfer/ Original Certificate of Title No. ____________ of
the Registry of Deeds of __________________;
WHEREAS, it is to the convenience and advantage of the said parties that the existing
community of ownership between them be terminated, and their respective shares and
participation determined by mutual agreement and adjudication;
WHEREAS, for purposes of this partition agreement, the parties hereto have caused the
above-described property to be subdivided into lots Nos. ___________ and ___________, as
per tracing cloth and blueprint plan Psd. __________________ and technical descriptions, duly
approved by the Land Registration Commission (LRC) which are attached hereto as Annexes A
and B", respectively, and made integral parts of this agreement;
WHEREAS, the parties hereto have mutually and voluntarily agreed, to partition and
adjudicate among themselves their common property as above-described, in the manner
following:
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this _____
day of _____, 19_____, in _________________, Philippines.
____________________________ _______________________________
(Co-owner) (Co-Owner)
____________________________
____________________________
ACKNOWLEDGMENT
Witnesseth
THAT the Parties herein are the registered co-owners of the parcel of land described in
Transfer Certificate of Title No. T-4505 of the Registry of Deeds of Baguio City, more
particularly described as follows:
Containing an area of ONE THOUSAND TWO HUNDRED AND SIXTY EIGHT (1,268)
SQUARE METERS.
All points referred to are indicated on the plan and are marked on the ground by PLS
cyc. conc. mons.
Bounded on the NW., along line 1-2 by Public Land (Lot 1, Block 4, Holy Ghost Hill
Subdivision); on the NE., and E., along lines 2-3-4-5 by Road; and on the SW, along 5-1
by Public Land (Lot 3, Block 4, Holy Ghost Hill Subdivision).
This survey was executed under authority of Chapter XI, Commonwealth Act 141, as
amended, and in accordance with existing regulations of the Bureau of Lands, by Perfecto
Jular-bal. Deputy Public Land Surveyor, on April 2, 1952 and approved on October 13,
1952.
NOTE: This is Lot 2, Block 4 (now Lot 56) Holy Ghost Hill Subdivision and is approved
by TSA No. V-941."
THAT the said Parties have caused the subdivision of the aforesaid parcel of land into
two (2) lots, each having an area of SIX HUNDRED THIRTY FOUR (634) SQUARE METERS,
more particularly- described as Lots 1 and 2 in the subdivision plan (LRC) PSD-193703
which was duly approved by the Land Registration Commissioner, to wit:
"A parcel of land (Lot 1 of the Subdivision plan (LRC) Psd 193703 being a
portion of the parcel of land described on TS-V-941-D, LRC Rec. No. T.S. Sales Pat.)
situated in the Res. Sec. "B", City of Baguio, Island of Luzon. Bounded on the N.E.,
points 2 to 5 by Subdivision Road (10.00 m. wide); on the SW., points 5 to 1 by Lot 2,
of the Subdivision Plan: and on the NW points 1 to 2 by Lot 1, Block 4 (Holy Ghost
Hill Subd. Public Land). Beginning at a point marked 1" on Plan, being N. 49 deg.
38'E., 314.70 m. from Triangulation Station Sunday Baguio Townsite,
A parcel of land (Lot 2 of the Subdivision Plan (LRC) Psd 193703 being a
portion of the parcel of land described on Plan TS-V-941 -D, LRC Rec. No. TS Sales
Pat.) situated in the Res. Sec. B, City of Baguio, Island of Luzon. Bounded on the
SE., points 2 to 3 by Subdivision Road (10.00 m. wide); on the SW., points 3 to 1 by
Lot 3, Block 4 (Holy Ghost Hill Subdivision. Public Land); and on the NW., points 1 to
2 by Lot 1 of the Subdivision Plan. Beginning at a point marked I on plan, being N.
49 deg. 38' E., 314.70 m. from Triangulation Station Sunday", Baguio Townsite,
THAT the above Parties have agreed and covenanted, as by these Presents, do hereby
agree and covenant, that Lot 1 as above described shall appertain and belong to FLORENTINO
R. DIZON. his heirs and assigns, and that Lot 2 as likewise above described, shall appertain and
belong to SULPICIO GUEVARA, his heirs and assigns.
NOW THEREFORE, for and in consideration of the above agreement, the Parties herein
shall have the Transfer Certificate of Title No. T-4505 CANCELLED by the Register of Deeds for
Baguio, and in lieu thereof to ISSUE TWO (2) new certificates of title for the two lots in favor of
the two owners, respectively.
IN WITNESS WHEREOF, the Parties hereto set their hands below, this 16th day of
February, 1974, in the City of Manila. Philippines.
____________________________ _______________________________
(Sgd.) (Witness) (Sgd.) (Witness)
ACKNOWLEDGMENT
WITNESSETH:
That the above-named parties, all of age, are the legitimate children and sole heirs of
___________________________, who died in _______________ on _______________ without
any will;
That the said deceased, at the time of his death, left a certain real property, situated in
______________________________ and more particularly described as follows, to wit:
(Description)
which real property, is covered by Transfer (or Original) Certificate of Title No.
______________ of the Register of Deeds of ________________;
That a true copy of this extrajudicial settlement had been published once a week for three
consecutive weeks in _______________________, a newspaper of general circulation in
____________________, as certified by the said newspaper hereto attached as Annex A";
That the parties hereto being all of legal age and with full civil capacity to contract, hereby
by these presents agree to divide and adjudicate, as they hereby divide and adjudicate, among
themselves, the above-described real estate in the manner following:
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this _____
day of _____, 19_____, in _________________, Philippines.
____________________________ _______________________________
(Signature) (Signature)
_______________________________
(Signature)
____________________________
____________________________
ACKNOWLEDGMENT
AFFIDAVIT
(Description)
5. That the net value of said estate is not more than three thousand pesos
(3,000.00), and is therefore exempt from the estate and inheritance taxes, as
evidenced by a certificate of exemption issued by the Bureau of Internal Revenue
hereto attached as ANNEX B and made an integral part of this affidavit;
6. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto
myself the above described real estate by means of this Affidavit and hereby files
same with the Register of Deeds of ________________ with the request that said
adjudication be made effective without judicial proceedings as prescribed by the
aforementioned Rules of Court.
IN WITNESS WHEREOF, I have hereunto set my hands this _____ day of _____,
19_____, in the _________________, Philippines.
_______________________________
(Signature of Affiant)
JURAT
AFFIDAVIT
That pursuant to the Rules of Court, an annotation of encumbrance was made on the
back of said Transfer Certificate of Title, to answer for whatever claims might be presented
against the said estate within two (2) years from date of inscription of said encumbrance on
_____________, 19___;
That more than two (2) years had already elapsed without any creditors claims having
been presented against the above estate, and therefore, pursuant to Rule 74, Secs. 1 and 4 of
the Rules of Court, the said encumbrance may accordingly be cancelled.
_______________________________
(Signature of Affiant)
JURAT
FORM NO. 42 REAL ESTATE MORTGAGE
(Description)
of which real property I am registered owner in accordance with the provisions of the Land
Registration Act, my title thereto being evidenced by Original/Transfer Certificate of Title No.
_______ of the land registry of ___________: PROVIDED, HOWEVER, that if I, the said (full
name of mortgagor) shall pay or cause to be paid to said (full name of the mortgagee), his
heirs or assigns, the said sum of ____________________ PESOS ( ___________), within the
period of ______ (__________) years from and after the execution of this MORTGAGE together
with the interest thereon at the rate of _______________ per centum (_____%) per annum,
then this MORTGAGE shall be discharged and no effect; OTHERWISE, it shall remain in full
force and effect and shall be enforceable in the manner provided for by law.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this _____
day of _____, 19_____, in _________________, Philippines.
_______________________________
(Mortgagor)
_______________________________
(Mortgagor)
____________________________
____________________________
ACKNOWLEDGMENT
WITNESSETH:
That the MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE unto the
MORTGAGEE the following described real property, situated in _______________, together with
all the improvements, to wit:
(Description)
of which real property the MORTGAGOR is the registered owner in accordance with the
provisions of the Land Registration Act, his title thereto being evidenced by Transfer/Original
Certificate of Title No. ______________________, of the land registry of ______________;
That this real estate mortgage is given as security for the payment to the mortgagee of a
certain promissory note, dated _____________ for the sum of ___________________ PESOS
( ___________), with interest thereon at the rate of ___________________ per centum
(__________%) per annum, according to the terms thereof and in the words and figures as
follows:
That the conditions of this REAL ESTATE MORTGAGE are such that if the mortgagor shall
well truly pay or cause to be paid unto the mortgagee the aforesaid sum with accrued interest,
then this mortgage shall be of no further force and effect; OTHERWISE, the same shall remain
in full force and effect and shall be enforceable in the manner provided by law.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this _____
day of _____, 19_____, in _________________, Philippines.
____________________________ _______________________________
(Mortgagor) (Mortgagee)
____________________________
(Witness)
____________________________
(Witness)
ACKNOWLEDGMENT
_______________________________________________________________;
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this _____
day of _____, 19_____, in _________________, Philippines.
_______________________________
(Mortgagee)
____________________________
____________________________
ACKNOWLEDGMENT
CERTIFICATE OF REDEMPTION
WHEREAS, said real estate mortgage had been acknowledged before Notary Public
________________, as per his notarial register No. ___________, Book No. _________, Page
No. ___________, Series of __________;
WHEREAS, said mortgage contained a clause granting the mortgagee the special power to
sell the mortgaged property without judicial proceedings;
WHEREAS, pursuant to said authority, the mortgagee sold the mortgaged property upon
failure of the mortgagor to comply with the conditions of the mortgage, the purchaser being
________ who paid the sum of ________________ plus accrued interests thereon and to
whom a certificate of sale had been given by the persons conducting the auction sale;
WHEREAS, the mortgagor ___________ now offers to pay to the undersigned purchaser at
public auction the sum of ___________________ in full satisfaction of the purchase price for
which the undersigned purchaser had purchased the mortgaged property at public auction,
together with all accrued interest and taxes, if any paid by the undersigned purchaser;
WHEREAS, this offer to redeem on the part of the mortgagor is being made within the
period of one year from the date of auction sale and is therefore in compliance with the law.
WHEREAS, this offer to redeem the mortgaged property on the part of the mortgagor is
acceptable to the undersigned purchaser and agrees to deliver the mortgaged property to the
mortgagor.
WHEREFORE, in view of all the foregoing, the undersigned purchaser hereby executes this
Certificate of Redemption and hereby restores the mortgagor to his full ownership of the above-
mentioned mortgaged property.
_______________________________
(Signature of Purchaser)
ACKNOWLEDGMENT
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ______, 19____,
in _________________, Philippines.
_______________________________
(Mortgagee)
____________________________
____________________________
ACKNOWLEDGMENT
_______________________________
(Mortgagee)
____________________________
____________________________
ACKNOWLEDGMENT
This CHATTEL MORTGAGE, made and executed by (full name of mortgagor), Filipino, of
legal age, single (or married to ____________________________), with residence and post-
office address at _____________________________________ hereinafter called the
MORTGAGEE witnesseth:
That the MORTGAGOR does hereby convey by way of chattel mortgage unto the
MORTGAGEE the following described personal property, situated and ordinarily kept at
__________________ and presently in the possession of the said MORTGAGOR, to wit:
__________________ (specify and describe the article or articles mortgaged).
That this CHATTEL MORTGAGE is given as security for the payment to the MORTGAGEE,
of a certain promissory note, dated __________________, for the sum of
____________________________________ PESOS ( _________________), with interest
thereon at the rate of ________________ (_______%) per centum per annum, according to
the terms thereof, and in the words and figures following:
That the condition of this CHATTEL MORTGAGE is such that if the said MORTGAGOR, his
heirs, executors, or administrators shall well and truly perform the full obligation above stated
according to the terms thereof, then this CHATTEL MORTGAGE shall be null and void;
otherwise, it shall remain in full force and effect and shall be enforceable in the manner
provided for by law.
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand, this ____ day of
______, 19____, in _________________, Philippines.
_______________________________
(Mortgagor)
____________________________
____________________________
ACKNOWLEDGMENT
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 purpose of fraud.
____________________________ ____________________________
(Mortgagor) (Mortgagee)
JURAT
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his hand, this ____
day of ______, 19____, in _________________, Philippines.
_______________________________
(Mortgagee)
____________________________
____________________________
ACKNOWLEDGMENT
FORM NO. 49-A PLEDGE AGREEMENT
in favor of
WITNESSETH:
The PLEDGOR has applied to the BANK for credits and other banking facilities from time
to time in such installments and in such forms, whether by way of promissory notes, overdrafts,
loans advances, letters of credits, trust receipts, etc., as may be desirable and approved by the
BANK, to the extent of ________________________________ PESOS ( _________________),
Philippine currency outstanding at any one time, and has offered and agreed to secure the
repayment of said credit facilities, the interests accruing thereon, the costs of collecting the
same, the costs and charges of keeping the pledged property and all other expenditures which
may be incurred in connection herewith, by means of a good and valid first pledge of the assets
hereinafter described.
The BANK has agreed to extend, at its discretion and convenience, said credit facilities
upon the security offered by the PLEDGOR and repayable in such manner and under such terms
and conditions specified hereunder and in the separate promissory notes, over drafts, loans,
advances, letters of credit, trust receipts and/or other contracts or evidences of indebtedness
under which credits have been or may hereafter be extended any and all of which instruments
are hereunto incorporated and made integral part hereof by reference.
1. During the existence and continuance of this pledge, or any renewals, extensions or
amendments thereof, not to sell, alienate, or in any manner dispose of, or hypothecate
the property herein pledged without the written consent of the BANK first had and
obtained; and on demand by the BANK, shall deliver and pledge to the latter such
additional securities to the satisfaction of, and approved by, said BANK should the
market value of the pledged property, in the opinion of the BANK, suffer any decline,
and shall execute such further documents as from time to time may be required by the
BANK to give full force and validity of this Pledge Agreement.
2. To furnish all the documentary stamps and pay all the expenses and fees incident to
this pledge and any amendment or supplement thereto or cancellation thereof, and to
pay all lawful taxes, charges liens and assessments on the pledge property, to keep all
the properties hereby pledged or which may hereafter be pledged insured at its expense
and keep the same insured against all pertinent risks in a company or companies
designated by the BANK to the full maximum insurable value thereof, the policy or
policies covering such insurance, together with the receipts for premiums, etc., to be
immediately delivered to the BANK and such insurance policy or policies to be endorsed
under a union mortgage clause in favor of the BANK, and in default thereof, the BANK
may, at its option, furnish the documentary stamps, pay such expenses and fees, as well
as said taxes, charges, liens and assessments, insure said pledged properties, and all
sums so advanced by the BANK shall be payable by the PLEDGOR immediately with
interest thereon at the rate of ten (10%) per cent per annum, and the payment thereof
shall likewise be secured by this pledge.
3. The BANK, in applicable cases, may, at its discretion, have this pledge registered at nay
time on the books of the issuing corporation(s), or have all or any portion of the
securities herein pledge transferred to its name or to the name of its nominee, as
pledgee, and may, at its option, collect, by legal proceeding or otherwise, endorse,
receive and receipt for all dividends, interests, principal payments and other sums now
or hereafter payable upon or on account of said property pledged, without any
responsibility, however, on the part of the BANK for its failure to do so. In
implementation of this and other provisions of this Pledge Agreement, the PLEDGOR
hereby irrevocably constitutes and appoints the BANK or its representative its true and
lawful attorney-in-fact with full power and authority to do such acts and to execute any
and all documents whatsoever necessary or convenient for the purpose.
4. Failure on the part of the PLEDGOR to pay portion of the indebtedness hereby secured
when due, or failure on its part to comply with any of the conditions of this pledge and
of the separate promissory notes, overdrafts, loans, advances, letters of credit, trust
receipts and/or other contracts or evidences of indebtedness under which credits have
been or may hereafter be extended, shall cause the maturity of the entire obligation, in
which case, the PLEDGOR hereby irrevocably constitutes and appoints the BANK or its
representative as the true and lawful attorney-in-fact of the PLEDGOR with full power
and authority:
(a) To sell in one or more sales at any time the whole or any part of the property
pledged in such order and quantity or by such lot(s) as the BANK may elect and
choose and any such sale may be made either at public or private sale at its place of
business or elsewhere, or in any brokers board or securities exchange or, in a
proper case, any such sale may be made over the counter and the BANK may, in all
allowable cases, be the purchaser of any or all properties so sold and hold the same
thereafter in its own right free from any claim of the PLEDGOR or right of
redemption, the PLEDGOR hereby waiving also all rights to any demand, notice or
advertisement of such sale or sales;
(b) To issue receipts and/or to execute and/or deliver any instrument or document or do
any act necessary for the transfer and assignment of all rights, titles and interests of
the PLEDGOR in the pledged properties to the purchaser or purchasers thereof:
(c) To apply, at its option, the proceeds of any said sale, as well as all sums received or
collected by the BANK from or on account of such pledged property, to the payment
of expenses incurred or paid by the BANK in connection with any sale, transfer or
delivery of the property, to the payment of any other costs, expenses, charges,
attorneys fees, interests and commissions mentioned herein, and to the payment of
the secured indebtedness or any part thereof, all in such order and manner as the
BANK in its discretion may determine, irrespective of the dates of maturity;
and all acts done and to be done by the BANK in conformity with the powers herein granted are
hereby ratified and confirmed by the PLEDGOR.
5. It is clearly understood and agreed that any payments made by the PLEDGOR to the
BANK may be applied by the BANK, at its discretion, to any indebtedness or obligations
of the PLEDGOR to the BANK, whether or not included and secured by this pledge and
irrespective of their dates of maturity, the PLEDGOR hereby waiving all the benefits of
Articles 1252 and 1254 of the Civil Code of the Philippines that may otherwise be in its
favor. The books and records of the BANK shall be final and conclusive evidence of the
obligations of the PLEDGOR to the BANK.
6. The BANK is hereby authorized to deposit, at its option, the things pledged with a third
person and all costs and expenses for the keeping and preservation of the same shall be
for the account of the PLEDGOR.
7. Time is of the essence of this Pledge Agreement. No waiver of a breach of any term or
conditions hereof shall be a waiver of any subsequent breach of the same or any other
term or condition. The PLEDGOR expressly agrees that the BANK may sue to recover the
indebtedness secured hereby without foreclosing, and without prejudice to the BANKs
right under this pledge. The rights, powers, and remedies conferred upon the BANK
under this agreement shall be and are in addition to and concurrent and cumulative with
such rights, powers, and remedies as the BANK may have in accordance with the
present or any future laws of the Philippines; they ma be exercised and enforced as
herein and by law provided, separately, successively, or simultaneously without
reference to the time or manner of foreclosure or enforcement of any other security for
said indebtedness whether held under deed of trust, mortgage, pledge, or otherwise;
and the exercise of one or more remedies shall not preclude nor prevent the BANK from,
at the same time, or at any other time, resorting to or exercising the same or other
rights, powers, privileges, or remedies herein granted to it or to which it might otherwise
legally resort.
8. This Pledge Agreement shall be continuing and ambulatory and shall not cease to be in
force by reason of the fact that the PLEDGOR may not be indebted to the BANK at some
time or times after its execution, it being the intention of the parties hereto that his
pledge shall stand as security for the aforementioned credits and banking facilities
outstanding at any and all times, not exceeding the said maximum limit of
P______________, regardless of partial or full satisfaction thereof at any time or times,
or any fluctuation, increase, or decrease thereof from time to time, prior to the maturity
of the indebtedness herein incurred and/or prior to the cancellation of the credit line or
facility herein granted or to be granted to the PLEDGOR. It is hereby further expressly
understood and agreed that the lien created by this pledge shall apply not only to the
pledged properties hereinabove described but also to all the properties substituted or
exchanged for them.
9. All actions and controversies that may arise from this Pledge Agreement may be brought
by the BANK, at its option, before the proper court(s) in the City of _________,
Philippines the PLEDGOR hereby expressly waiving any other venue.
10. In all cases where this Pledge Agreement is executed by more than one party, all words
used herein in the singular shall be deemed to have been used in the plural where the
context and construction so require, in which event, the obligation, liabilities, and
agreements of the parties hereunder shall be solidary, i.e. joint and several. Also, when
this agreement is executed by a man or a woman, then all applicable words used herein
the neuter gender shall be deemed to have been used in the masculine or feminine
ender, as the case may be.
11. This Instrument may be executed as a pledge to secure any present or future
indebtedness, liabilities, or obligations of a third party to the BANK, and in case it is
executed as such third-party pledge, the word PLEDGOR in this instrument shall refer
to such third party (the debtor) or to both such third party and the pledger (owner of
the pledged property) where the context so requires, and all the terms and conditions of
this instrument shall be applicable to the pledgor as if he were the debtor, it being
understood and agreed that any default on the part of any such third party shall be
deemed a default on the part of the pledgor itself and the BANK may avail of any of the
remedies herein or by law provided. In connection with the situation covered by this
paragraph, the pledgor (owner of the property pledged) hereby expressly agrees that
the BANK may at any time hereafter, grant from time to time additional credit facilities
of said third party (debtor) in any form or forms whatsoever, directly, or indirectly, and
with or without additional securities and that such an increase in the liabilities of said
third party shall in no way operate to relieve the pledgor from, or extinguish, this
pledge; and that, should the said third party have furnished or at any time hereafter
furnish another surety or sureties or other securities to guarantee the payment of its
indebtedness, liabilities, and obligations to the BANK, the pledgor hereby expressly
waives all benefits under Article 2065 of the Civil Code of the Philippines, the obligations
of the Pledgor under this pledge under any and all circumstances being always solidary.
The condition of this pledge is such that if the obligations herein secured as well as the
terms and conditions hereinabove mentioned are fully complied with by the pledgor,
then this pledge agreement shall become null and void and of no further effect:
otherwise, it shall remain in full force and effect and the BANK may dispose of the
pledged property in the manner hereinabove provided or in accordance with law, at the
option of the BANK.
IN WITNESS WHEREOF, the Pledgor (and the Debtor, in case of third-party pledge),
have/has signed these presents at the place and on the date first hereinabove stated.
___________________ ___________________
(Debtor) (Pledgor)
ACKNOWLEDGMENT
MORTGAGE BOND
(In Replevin Suit)
PLAINTIFFS BOND
WHEREAS, I, (full name of plaintiff), of legal age, (civil status), with residence at
________________, has on __________ filed in the Court of ________ a replevin suit, entitled
_____________, Civil Case No. _______, for the recovery of the possession of certain personal
property described as follows, to wit: ___________________________;
WHEREAS, I have applied in connection with said suit for an order for the delivery of
such personal property;
WHEREAS, as a condition precedent to the issuance of such an order, the Rules of Court
requires plaintiff to give a bond in favor of the defendant, in double the actual value of the
property involved in the suit;
WHEREAS, the actual value of the personal property involved in the suit is
________________ (P____________);
WHEREAS, plaintiff is the registered owner of that certain parcel of land together with all
the improvements thereon, situated in ____________, his title thereto being evidenced by
Transfer/Original Certificate of Title No. ______________ of the Registry of Deeds of
______________;
WHEREFORE, I, (full name of plaintiff), the plaintiff in the above-mentioned case, and
by virtue of the foregoing, hereby by these presents, execute in favor of (name of defendant),
his heirs and assigns, a first lien or mortgage on the above-described real property, with all the
improvements thereon, and more particularly described as follows, to wit:
this lien or mortgage being obligated for the return to the defendant of the possession of the
personal property involved in said Civil Case No. _______ if the return thereof be finally
adjudged by the court, and for the payment to said defendant of such sum as he may finally
recover from the plaintiff in the said case.
___________________
Plaintiff