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2.

The LAW FIRM, while in the performance of its duties, shall be entitled


to a fixed monthly retainer fee of PESOS: One Hundred Thousand Pesos (P
100,000.00);

3. The LAW FIRM shall make itself available for ready consultation by the
CLIENT or its duly authorized officers in all matters or business requiring
legal advice and opinion affecting the said corporation in general. Written
opinions rendered by the LAW FIRM on matters affecting
the business and operations of the corporation shall be subject to
confirmations;

4. The LAW FIRM shall render documentation and notarial services to the


CLIENT as part of this retainership. Client documents shall be
notarized free of charge while documents requiring the
participation and signature of a party other than the Client shall be subject to
fees or charge at the following rates:

Jurat – P300
Acknowledgement – P500

5. In case of extra-judicial foreclosure of mortgage endorsed to the LAW


FIRM by the CLIENT, the attorney's fees shall be at the rates provided as
follows:

(Rates of Legal Fees on Foreclosure)


6. In collection cases other than extra-judicial foreclosure of mortgage, the
attorney's fees shall be at the rates provided as follows:

1.

2. ubject of a mortgaged in favor of PS Bank, Cebu Branch,


Osmeña Blvd. and of a private mortgage in favor of Terd D. Pearson.

3. On September 12, 2016, plaintiff and defendant entered into an


agreement for the sale and purchase of said parcel of land for a total contract
price of PhP 3,600,000.00. A copy of the Agreement is here attached as
Annex “A”.

4. On the same day, plaintiff made an initial payment in favor of


the defendant amounting to PhP 1,600,000.00 to be applied by the defendant
as follows: (a) PhP 1,000,000.00 of said amount was for the redemption of
subject property which was mortgaged in PS Bank, Cebu Branch, Osmeña
Blvd., Cebu City to enable the plaintiff to get hold of the title and register
the sale; and (b) PhP 600,000.00 was for redemption of the said land from a
private mortgage in favor of Terd D. Pearson to enable the plaintiff to
possess and cultivate the same. A copy of the defendant’s receipt of payment
is here attached as Annex “B”.

5. The parties agreed that after the release of title covering the
subject parcel of land, the necessary deed of absolute sale in favor of the
plaintiff shall be executed and the transfer shall be effected immediately so
that the latter can apply for a loan from any lending institution using the
corresponding certificate as collateral, and the proceeds of said loan,
whatever be the amount, be given to the defendant.

6. The parties also agreed that whatever balance left from the
agreed purchase price, after deducting the proceeds of the loan and PhP
1,600,000.00 already received by defendant, shall be paid by the plaintiff not
later than July 12, 2017.

7. On October 12, 2016, defendant redeemed the said land from


PS Bank – Cebu and withdrew TCT No. T-54321-A.

8. On November 3, 2016, the parties executed a Deed of Absolute


Sale whereby defendant transferred the subject property to plaintiff for and
in consideration of PhP 1,600,000.00. A copy of the Deed of Absolute Sale
is here attached as Annex “C”.
9. On the same day, plaintiff verbally demanded from the
defendant the title. However, defendant said that he forgot to bring the it and
promised to deliver the same a week after

10. Despite plaintiff’s repeated oral and written demands for the
delivery of the title, the defendant failed to deliver the title to the plaintiff. A
copy of the demand letter dated December 12, 2016 which was received by
the defendant on the same day is here attached as Annex “D”.

11. To add insult to injury, plaintiff has not and could not
physically, actually, and materially possess and cultivate the subject
property because the area is not yet fully cleared from incumbrances and the
private mortgage and/or present possessor refuse to vacate the same.

12. initial payment handed to the defendant as early as September


12, 2016.

13. Plaintiff also suffered moral damages for the serious anxiety,
mental anguish and sleepless night at having parted with his hard-earned
money for a promise that remains unfulfilled up to the present.
14. Moreover, defendant’s indifference to plaintiff’s demands
pursuant to the provisions of the contract evidenced his bad faith. He acted
in a wanton, fraudulent, reckless, oppressive and malevolent manner
justifying the award of exemplary damages.

15. Furthermore, plaintiff is constrained to file this suit and to


engage the services of counsel with an acceptance fee of PhP 20, 000.00 plus
PhP 2, 000.00 per court appearance.

Prayer

1. That by these presents, I hereby state that I have voluntarily resigned as


General manager;

2. That I hereby acknowledge to have received from my employer the sum


of One Hundred Fifty Thousand Pesos (P 150,000.00) which is in full and
final satisfaction of my salary and other benefits that may be due me for the
service which I have rendered for the latter employer;

3. That I hereby declare that I have no further claims whatsoever against my


employer, its President, members of the Board, officers or any of its staff
and that I hereby release and forever discharge all of them from any and all
claims, demands, cause of action of whatever nature arising out of my
employment with the latter;
 
4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may
be pleaded in bar to any suit or proceeding (Civil, SSS,
PhilHealth, Medicare, Labor, etc.) to which either I, or my heirs and assigns,
may have against my employer in connection with my employment with the
latter and that the payment which I have received as provided herein should
not in any way be construed as an admission of liability on the part of my
employer and is voluntarily accepted by me and will, if need be, serve as full
and final settlement of any amount(s) due me or any claims or cause of
action, either past, present, future, which I may have in connection with my
employment with my employer;

5. As such, I finally make manifest that I have no further claim(s) or cause of


action against my employer nor against any person(s) connected with the
administration and operation of the latter and forever release the latter from
any and all liability.

IN WITNESS WHEREOF, I have hereunto set my hand this 29 th Day of


warrants that he shall comply with all his undertakings and obligations set
forth in this Contract and shall indemnify Employer of any actual losses,
damages, costs and expenses, including attorneys’ fees incurred as a result of
the breach of this Agreement or his willful act, omission, fraud or
negligence.
 
15.TERMINATION
 
Employer reserves the right to terminate or cancel this Contract after
observing due process for just or valid causes. Termination may be due to
any. But not necessarily limited to the following:
 
 Inefficiency;
 Incompetence;
 Tardiness;
 Insubordination;
 Breach of confidentiality and non-disclosure
 Violation of company’s intellectual property rights
 Just and authorized causes enumerated in Article 282. 283. And 284
of the labor code;
 Other causes provided in the Company Rules and Regulations; and
 Other analogous causes.
 
18.ACCEPTANCE OF TERMS AND CONDITIONS OF
EMPLOYMENT
 
Employee’s affixing of his signature on the herein Employment contract
means that:
 
1. Employee has read and fully understood the terms and conditions
hereof and accepts the same;
2. The terms and conditions for the regularization of his employment
have been clearly communicated to and accepted by him/her at the
time of his engagement.
 
IN WITNESS WHEREOF, we hereunto affix our signatures on the date and
at the place first above written.
 
 
ABC INC.                                            Rhevlyn Marie           
Employer                                             Employee
 
 
 
By:
John Tongbits
President
 
Signed in the presence of:
JEAN RY                AXELL WITANBALAWITS
Employment Contract

CONTRACT OF EMPLOYMENT
 
KNOW ALL MEN BY THESE PRESENTS:
 
This Contract of Employment is executed this 29 th day of June 2020 at
Makati City by and between:
 
ABC  INC. a corporation duly organized and existing in accordance with
laws of the Republic of the Philippines, with principal office at Makati City,
represented in this act by its President, (state name), hereinafter referred to
as the EMPLOYER;
 
-AND-
 
Rhevlyn Marie, of legal age, Filipino and a resident of Quezon City, herein
referred to as the EMPLOYEE.
 
WITNESSETH: THAT –
 
WHEREAS, the Employer is engaged in business process outsourcing
(BPO);
 
WHEREAS, Employee manifests and guarantees that he/she possesses the
requisite qualities and competencies needed by the Employer in the conduct
and course of its business;
 
NOW THEREFORE, the parties hereby agree as follows:
 
1. APPOINTMENT
 
Employee is hereby appointed as DATA COLLECTION AGENT under
probationary status for a period of six (6) months reckoned from the first day
of actual work.
 
2. COMPENSATION:
 
Employee will receive a gross basic monthly rate of PHP 30,000.00, subject
to withholding tax, SSS premiums, Pag-ibig contributions, Philhealth dues
and other government-required deductions. In addition, EMPLOYER will
pay the mandatory 13th month salary at the end of each calendar year and
EMPLOYER may at its discretion provide performance bonuses. Annual
and incremental salary adjustments and merit increases may be effected on a
case to case basis and upon the recommendation of the immediate manager
and upon approval of management.
ACKNOWLEDGMENT
 
Republic of the Philippines)
Makati City               ) SS.
 

BEFORE ME, a Notary Public for and in Makati City this 29th June 2020
personally appeared the following persons  whose identities I have
confirmed through competent evidence of identity bearing their pictures and
signatures as described below:

.
 
WITHNESS MY HAND AND SEAL at the place and on the date first-
above written.
 
Doc. No. 22;
Page No.5
Book No. 4;
Series of 2020.

The VENDEE does hereby accept this sale and binds herself to assume as
she hereby assumes the payment of the unpaid balance of the mortgage in
indebtedness of the VENDOR amounting to P335,336.26 of the loan as of
this date in favor of the aforenamed mortgagee and does hereby further
agree to be bound by the precise terms and conditions therein contained.
The SELLER shall secure the approval of the Mortgagee to the assumption
by the BUYER of the mortgages over the subject parcels of land.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
at the place first above written, on this 29th of July 2019 at Bacoor, Cavite.
Mimi Yuh Bretman Bato
TIN:5433658 TIN: 8995678
Vendor Vendee

SIGNED IN THE PRESENCE OF:


Cleo Girl Princess Mae Bato

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