CONTRACT TO SELL

 
KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT TO SELL, made and executed this __ day of __ 2021 by and
between:
 

       JUAN DE LA CRUZ, Filipino, single, of legal age, with residence address at 1903
Shore Residence, Sunrise Dr, Pasay, Metro Manila, represented herein by his attorney-
in-fact,__, as evidenced by the herein attached Special Power of Attorney1 and
Authority to Sell2, hereinafter referred to as the SELLER;
 
-AND-
 
       SPOUSES MACKOY PILYO, Filipinos, of legal age, married to JULIA ALONZO
PILYO and with residence address at 123 Ayala Alabang Village, Muntinlupa, Metro
Manila, hereinafter referred to as the BUYER.
 

WITNESSETH;
 
       
WHEREAS, the SELLER/VENDOR is an authorized broker of Juan Dela Cruz
who is the owner of the condominium units located at Shell Residences, 525 Epifanio
De Los Santos Ave., Pasay, 1300 Metro Manila and covered by Condominium
Certificate of Title No. 123456 containing a total area of (___) (___) SQUARE METERS,
more or less; Beacon Residences, Don Chino Roces Ave., Corner Arnaiz Ave., Legazpi
Village, Makati, 1223 Metro Manila covered by Condominium Certificate of Title No.
67890 containing a total area of (___) (___) SQUARE METERS, more or less; Stratford
Residences, Picar Place, Kalayaan Ave., Brgy. Poblacion, Makati, Metro Manila
covered by Condominium Certificate of Title No. 13579 containing a total area of (___)
(___) SQUARE METERS, more or less and more particularly described as follows:
 
CONDOMINIUM CERTIFICATE OF TITLE NO. 123456
REGISTRY OF DEEDS OF PASAY

 “Unit 1617 with Parking Unit No. __, located on the fourth floor of the SHELL
CONDOMINIUM RESIDENCES, with a Net floor area of __, common area of __
and a total area of __”.

CONDOMINIUM CERTIFICATE OF TITLE NO. 67890

REGISTRY OF DEEDS OF MAKATI

“Unit 432 with Parking Unit No. __, located on the fourth floor of the BEACON
CONDOMINIUM RESIDENCES, with a Net floor area of __, common area of __
and a total area of __”.

CONDOMINIUM CERTIFICATE OF TITLE NO. 13579

REGISTRY OF DEEDS OF MAKATI

1
A true and faithful reproduction of the Special Power of Attorney is hereunto attached as Annex “A”
2
A true and faithful reproduction of the Authority to Sell is hereunto attached as Annex “B”

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 “Unit 1564 with Parking Unit No. __, located on the fourth floor of the
STRATFORD CONDOMINIUM RESIDENCES, with a Net floor area of __,
common area of __ and a total area of __”.

WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER/VENDOR

has agreed to sell the above-mentioned properties under the terms and conditions
herein below set forth;
 
        NOW THEREFORE, for and in consideration of the total sum of THIRTY-SIX
MILLION (Php 36,000,000.00) Philippine Currency, and of the covenants herein after
set forth the SELLER/VENDOR agrees to SELL, TRANSFER AND CONVEY unto and
in favor of the BUYER/VENDEE, his heirs, successors and assigns, the rights of the
aforesaid property, free from all liens and encumbrances subject to the following terms
and stipulations herein below set forth:
 
1. The initial payment of the purchase price in the amount of FIFTEEN MILLION
PESOS (Php 15,000,00.00) shall be paid in full by the BUYER/VENDEE on or
before June 29, 2021;

2. The remaining balance of purchase price in the amount of TWENTY-ONE

MILLION PESOS (Php 21,000,000.00) shall be paid in full by the
BUYER/VENDEE on or before December 04, 2021.

3. Capital Gains Tax shall be for the account of the BUYER/VENDEE;

4. Documentary Stamp Tax, Notarial Fees, Transfer Tax, Registration Fee,

registration expenses, and all other miscellaneous fees and expenses shall be
for the account of the BUYER/VENDEE;

5. The Annual Real Estate Tax due on the property, the Association Dues
imposed on the condominium units, electricity, water and other costs for utilities
shall be borne by the BUYER/VENDEE;

6. Ownership of the subject properties shall be delivered by the

SELLER/VENDOR to the BUYER/VENDEE upon full payment of the total
consideration.

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

8. In the event of failure to pay the 2 nd payment due on the dates agreed upon,
this contract shall be deemed rescinded and the partial payment shall be
forfeited in favor of the SELLER/VENDOR

9. That the SELLER/VENDOR shall not offer, sell, encumber or transfer their
rights on the abovementioned property to any third party whomsoever other
than the BUYER/VENDEE and the SELLER/VENDOR does hereby warrant
valid titles to, and peaceful possession of the property herein sold and
conveyed, and will defend the same unto the said BUYER/VENDEE, his heirs
and assigns against the claims of third persons whomsoever;

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 10. Should any one of the parties herein be compelled to seek judicial relief against
the other, the losing party shall pay an amount of One Hundred (100%) of the
amount claimed in the complaint as attorney's fees which shall in no case be
less than FIFTY THOUSAND PESOS (Php 50,000.00), Philippine Currency, in
addition to other cost and damages which the said party may be entitled to
under the law;

11. The following terms and stipulations of this Deed of Conditional Sale have been
fully understood by both Parties to the Contract;

12. This DEED OF CONDITIONAL SALE shall be valid and binding between the
parties, their successors-in-interest and assigns.
 

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this __ day
of __ 2021 at the City of ___, ___, Philippines.
 
 

                                 
______________________ ________Mackoy Pilyo__________
SELLER/VENDOR                             BUYER/VENDEE
 

SIGNED IN THE PRESENCE OF TWO INSTRUMENTAL WITNESSES:

 

_____JULIA ALONZO PILYO________               ____________________________

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 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF ____ )  SS.

BEFORE ME, a Notary Public for and in the City of __ this __ day of __ 2021 personally
appeared MACKOY PILYO and JULIA ALONZO PILYO, all known to me and to me
known to be the same persons who executed the foregoing instrument which they
acknowledged to me to be their free and voluntary act and deed, Affiants exhibiting
before me their respective government issued identification cards, to wit:

 
Name                             GOVT ISSUED ID   ID No.   Valid Until
 
MACKOY PILYO TIN NO. 987-654-321-000
JULIA ALONZO PILYO TIN NO. 456-654-555-000

This instrument, consisting of four (4) pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page
thereof by the concerned parties and their witnesses, and sealed with my notarial seal.
 
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above
written.
 

Doc. No. _______;

Page No. ______;
Book No. ______;
Series of 2021.