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Republic of the Philippines )

Province of Surigao del Norte )) S.S


Municipality of Dapa )

CONTRACT TO SELL REAL PROPERTY


KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT TO SELL, made and executed this 4TH day of January, 2018 by and
between:

ROGIE M. APOLO, of legal age,


married, Filipino, and with residence and postal
address at TOLINGON, MAINIT, Surigao del Norte,
Philippines, hereinafter referred to as
the "SELLER";

-AND-

EDPHER LEO M. SINDOL, of legal age,


Filipino, single and with residence and postal
address at QUEZON, MAINIT, Surigao del Norte,
Philippines, hereinafter referred to as
the "BUYER".

WITNESSETH- That;

WHEREAS, the SELLER is the true and absolute owner of a parcel of land
located at Barangay Malinao, General Luna, Surigao del Norte, Philippines and
covered by Original Certificate of Title (OCT) No. 1509, and more particularly
described as follows:

A parcel of land, Lot No. 2223, C-10, Cad. 789-D,


containing an area of SIXTEEN THOUSAND AND ONE
HUNDRED TEN (16, 110) SQUARE METERS, more or
less, situated at Barangay Malinao, General Luna,
Surigao del Norte and having technical description
as follows:

N., along line 8-9-10-11 by Lot 2284


E., along line 11-12-13 by Lot 2296
S., along line 13-14-15-1 by Lot 2220
along line 1-2-3 by Lot 2222
W., along line 3-4 by Lot 2260
along line 4-5-6-7-8 by Lot 2261; All
of Case 10, Cad. 789-D, Pilar and
General Luna Cadastre.
Bearings: GRID.

WHEREAS, the BUYER has offered to buy and the SELLER 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 (Php:


5,000,000.00) Philippine Currency, and of the covenants herein after set forth
the SELLER agrees to sell and the BUYER agrees to buy the aforesaid property
subject to the following terms and conditions:

TERMS OF PAYMENT

1. The total consideration shall be (Php: 5,000,000.00) PESOS, Philippine


Currency, payable as follows:

a) The amount of FIVE HUNDRED THOUSAND (Php: 500,000.00)


PESOS, representing earnest money shall be payable by
the BUYER to the SELLER upon signing of this Contract to Sell;

b) The remaining balance in the amount of (Php: 4,500,000.00)


PESOS, shall be paid THREE MONTHS AFTER THE EXECUTION OF THIS
CONTRACT.

c) It is hereby agreed that the expenses for the survey of land shall be
paid first by the BUYER but it shall be deducted against the total
consideration should the DEED OF ABSOLUTE SALE be executed.

d) Payment may be payable in cash or check. In case of the latter, the


same shall be payable to SELLER.

e) Should the DEED OF ABSOLUTE SALE be subsequently executed,


expenses for the Capital Gains Tax and Real Estate Tax, shall be for
the account of the SELLER;

f) Provided further, Documentary Stamps Tax, Registration Fee,


registration expenses, and all other miscellaneous fees and expenses
shall be to the account of the BUYER;

POSSESSION OF THE PROPERTY


2. Possession to the subject property shall be immediately delivered by
the SELLER to the BUYER upon execution of this CONTRACT TO SELL;

3. It is mutually agreed that the SELLER is bound not to sell the above-
mentioned property during the effectivity of this CONTRACT, or as may be
extended by subsequent agreement of the parties hereof and the same shall
be exclusively possessed by the BUYER pending the execution of the DEED
OF ABSOLUTE SALE; unless otherwise rescinded or annul by mutual consent
of the parties;

4. Upon full payment of the total price, the SELLER shall sign and execute a
DEED OF ABSOLUTE SALE in favor of the BUYER. The SELLER shall likewise
execute and/or deliver any and all documents, including but not limited to
the original copy of the Certificate of Title, Tax Declaration and all other
documents necessary for the transfer of ownership from SELLER to the
BUYER.

COVENANTS OF WARRANTY AND JUDICIAL RELIEF

5. The SELLER warrants that she will exclusively sell the same property to the
BUYER. And should she sell the same in breach of this agreement, she holds
herself liable to the BUYER for breach of contract and the latter has the right
to rescind this contract plus damages against the SELLER for an amount
equivalent to twenty percent (20%) of the total selling price plus attorney’s
fees, costs of litigation, and other expenses which the law may allow the
BUYER to recover from the SELLER. Provisions of penal character in this
Contract To Sell shall be considered as cumulative to the relief granted by
this section.

6. PROVIDED HOWEVER, should the BUYER be disturbed of possession


attributable to fraud, mistake, misrepresentation, concealment and the like
committed by the SELLER, her heirs, successors and assigns prior to or
during the effectivity of this Contract, the BUYER has the right to rescind
this contract plus damages against the SELLER for an amount equivalent to
twenty percent (20%) of the total selling price plus attorney’s fees, costs of
litigation, and other expenses which the law may allow the BUYER to recover
from the SELLER. Provisions of penal character in this Contract To Sell shall
be considered as cumulative to the relief granted by this section.

7. Should there be no sale consummated on account of fraud,


misrepresentation, concealment, mistake attributable to the act or omission
of the SELLER, her heirs, successors and assigns, the BUYER may forthwith
annul this contract without prejudice to the right to file damages and such
other equitable relief.

8. Moreover, should the BUYER be compelled to litigate in order to enforce this


Contract, the SELLER shall be liable to the BUYER in the amount of 20% of
the total selling price as attorney’s fees and to pay such other incidental
expenses of the suit.

CONFIDENTIALITY
9. The terms and conditions of this Contract shall not be disclosed to any
person or entity without the written consent of the other party, except upon
the order of a competent government authority.

VENUE OF THE ACTION

10.Both the SELLER and the BUYER agree that should there be cases filed
relative to this Agreement, the appropriate court in Siargao shall be the
exclusive venue therefor.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this
4TH day of JANUARY, 2018 at SURIGAO CITY, Philippines.

ROGIE M. APOLO EDPHER LEO M. SINDOL


[Seller] [Buyer]

Signed in the presence of:

________________________________ __________________________________

REPUBLIC OF THE PHILIPPINES )


PROVINCE OF SURIGAO DEL NORTE )) S.S.
MUNICIPALITY OF DAPA )

ACKNOWLEDGMENT

BEFORE ME, notary public for and in the Island of Siargao and in the Province of
Surigao del Norte, Philippines, personally appeared the following:

Name Competent Evidence of Identity Date and Place Issued

01/04/2018 – TOLINGON,
ROGIE M. APOLO CI 25565523
MAINIT, SDN
EDPHER LEO M. 01/03 / 2018 – QUEZON,
CI 34488624
SINDOL MAINIT, SDN

all personally known to me to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act and
deed.
This CONTRACT consisting of FIVE (5) pages, including this page where this
acknowledgement is written, has been signed by the parties and by their instrumental
witnesses on the signature page and on the left margins of each page and every
thereof, sealed with notarial seal.

WITNESS MY HAND AND SEAL this 4TH day of JANUARY, 2018 in Surigao City,
Philippines.

NOTARY PUBLIC