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-AND –
- WITNESSETH –
That to the best knowledge and information of the heirs, the said
deceased left no debts whatsoever.
That the heirs/vendors are the heirs of Bernardo Fulmaran who died
without any will.
That the herein heirs being all of legal age, and with full civil
capacity to contract, hereby by these presents agree to divide and adjudicate,
as they do hereby adjudicate, unto themselves the afore-described real
property.
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That pursuant to Rule 74, Sec. 1 of the Rules of Court the heirs
hereby adjudicate unto themselves the above-described parcel of land by
means of this instrument.
WITHNESSETH FURTHER
and by these presents we, the above heirs agree to transfer and convey a
portion of the above described parcel of land consisting an area of ONE
THOUSAND NINETY EIGHT (1,098) SQUARE METERS MORE OR
LESS unto WELLEJUN LACRO PENOL, of legal age, married to
Belenda Callao Penol, Filipino, and a resident of Dumaguete City, by way
of Sale to the above-named VENDEE, which portion is more particularly
described as follows :
“ Lot 2888-C
LINES BEARINGS DISTANCES
TP – 1 N 62 DEG 40’ W 92.27M.
1- 2 S 35 DEG 01’ E 6.08M.
2- 3 S 45 DEG 57’ E 14.40M.
3- 4 S 69 DEG 23’ W 63.14M.
4- 5 N 24 DEG 06’ W 18.05M.
5- 1 N 68 DEG 29’ E 56.57M.”
The VENDORS has complied with Articles 1620 to 1624 of the Civil
Code of the Philippines before this sale was executed and all those with the
right of pre-emption and/or redemption expressed no intention to exercise
their rights;
That this land is not tenanted nor worked upon by agricultural lessees.
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___________________________ ________________________
ACKNOWLEDGMENT
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_________________________ _______________________
ACKNOWLEDGMENT
This instrument, consisting of two (2) pages including the page where
this acknowledgment is written, has been signed on the left margin and
every page thereof by the principal and her witnesses, and sealed with my
notarial seal.
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AFFIDAVIT OF TRANSFEROR
WE, MARIA S. FULMARAN, of legal age, Filipino, single and a resident
of Camanjac, Dumaguete City, and BERNARDO S. FULMARAN, JR., of legal
age, Filipino, married to Rogelia Otao, and a resident of Camanjac,
Dumaguete City, Negros Oriental, Philippines , after having been duly sworn
to in accordance with law, hereby depose and say:
That the subject property has no pending case at the DARAB, or any of its
adjudicators, the DAR, the Courts or at the Office of the President.
That this Affidavit is executed in compliance with DAR Administrative Order No.
1, S-1989 as well as to show proof that the land subject or above-mentioned transaction
is a retention or portion of a retention area.
Subscibed and sworn to before me a Notary Public for and in Dumaguete City this
___ day of _________, 2020, affiant exhibiting to me as competent proof of identity the
current identification document issued by an official agency and bearing their
photographs and signatures, described as follows:
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AFFIDAVIT OF BUYER/TRANSFEREE
I, WELLEJUN LACRO PENOL, of legal age, married to Belenda Callao
Penol, Filipino, and a resident of Dumaguete City, Negros Oriental, Philippines, after
having been duly sworn to in accordance with law, hereby depose and say:
That the above mentioned parcel of land is not tenanted nor cultivated by an
agricultural lessee in the concept of Land Reform;
That my total landholdings in the whole Philippines does not exceed five (5)
hectares;
That I execute this Affidavit to attest to the foregoing facts and in compliance
with the Department of Agrarian Reform ( DAR) Administrative Order No. 1, Series of
1989 as well as to show proof that land subject or above-mentioned transaction is a
retention or portion a retention area.
Subscibed and sworn to before me a Notary Public for and in Dumaguete City,
Province of Negros Oriental this ____ day of _________, 2020, affiant exhibiting to me
as competent proof of identity the current identification document issued by an official
agency and bearing her photograph and signature, described as follows:
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ACKNOWLEDGMENT RECEIPT
Heir/Vendor Heir/Vendor
Witnesses:
_____________________ _________________________