Republic of the Philippines )

City of Malabon ) S.S.

PROMISE TO WAIVE HEREDITARY RIGHTS AND INTERESTS

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, Article 892 of the Civil Code of the Philippines expressly gives to the
widow or widower “one-fourth of the hereditary estate,” “[i]f only one legitimate
child or descendant of the deceased survives” or “a portion equal to the legitime
of each of the legitimate children or descendants” when “there are two or more
legitimate children or descendants.” Likewise, said provision states that “[i]n
both cases, the legitime of the surviving spouse shall be taken from the portion
that can be freely disposed of by the testator.”

WHEREAS, during the lifetime of the spouses, the right of each to his legitime
coming from the properties of the other spouse is merely inchoate and that, as
such, it cannot be the subject of a valid contract, as specifically proscribed in the
second paragraph of Article 1347 of the Civil Code of the Philippines which
states explicitly that “[n]o contract may be entered into upon future inheritance
except in cases expressly authorized by law.”

WHEREAS, in Atty. Ferrer v. Spouses Diaz (G.R. No. 165300, 23 April 2010), the
Supreme Court ruled that a waiver of inheritance may be considered a contract
upon future inheritance prohibited under the second paragraph of Article 1347,
where the following requisites concur: (1) that the succession has not yet been
opened; (2) that the object of the contract forms part of the inheritance; and (3)
that the promissor has, with respect to the object, an expectancy of a right which
is purely hereditary in nature.

WHEREAS, I, ROLANDO D. CORTES, have agreed to relinquish any

hereditary right or interest that I may have in the properties of my deceased
spouse, RHEA ELISA R. REYES-CORTES, on the unfortunate chance that I
outlive her (i.e. when succession has already opened and when I am already in
possession of a right over such properties).
WHEREFORE, for and in consideration of marriage, I, ROLANDO D. CORTES,
of legal age, Filipino, single/widow, with residence and postal address at 56
BURGOS STREET, CONCEPCION, MALABON CITY, Metro Manila,
Philippines, by virtue of these presents, do hereby UNDERTAKE to WAIVE,
and/or REPUDIATE all of my hereditary rights and interests as a future
legitimate husband of RHEA ELISA R. REYES-CORTES, on the unfortunate
chance that I outlive her, IN FAVOR OF our ONLY SON, Mr. REYNALDO
ANGELITO R. CORTES and Mrs. AIRAH VANNE S. BURGOS-CORTES, or
in default thereof, Ms. AIRAH VANNE S. BURGOS’s FUTURE
DESCENDANTS, if any.

This undertaking to waive includes all my rights and interests over, but not
limited to, the following:

(1) My future legitime under Article 892 of the Civil Code of the Philippines;

(2) Any and all testamentary disposition made in my favor by Mrs. Rhea Elisa
R. Reyes-Cortes, if any; and

(3) Any and all proceeds from a policy of life insurance made on the life of
Mrs. Rhea Elisa R. Reyes-Cortes which expressly designates me as
beneficiary, if any.

IN WITNESS WHEREOF, I hereby affix my signature on ____________, at

______________.

_________________________________

Promissor
 Republic of the Philippines )
City of __________________ ) S.S.

BEFORE ME, a Notary Public for and in the City of ___________, Philippines,
personally appeared Mr. __________________________, presenting his
______________, with serial number _____________, issued in _____________ and
valid until _____________, a competent evidence of identity, known to me and to
me known to be the same person who executed the foregoing instrument
consisting of two (2) pages, including this page, and acknowledged to me that
the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the day and in the place above written.

Doc. No. ___;

Page No. ___;

Book No. ___;

Series of 2018