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EXTRA-JUDICIAL SETTLEMENT OF REAL ESTATE

WITH WAIVER AND RENUNCIATION OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS;


WHEREAS, ROSA L. MERCADO, deceased, a Filipino citizen, died
intestate at Purok 3, Natividad Guagua, Pampanga on January 8, 2012
leaving no will nor debts settled to date but leaving one paraphernal
property , a (1) parcel of land situated at Brgy. Cabetican, Villa Bacolor,
Pampanga;
     WHEREAS, at the time of her death, she left as forced heirs, to wit:
1. DANILO G. GARCIA SR., of legal age, widow and a resident of
Purok 3, Natividad Guagua, Pampanga;

2. DANILO M. GARCIA, JR. of legal age, married, and a resident of


Purok 3, Natividad Guagua, Pampanga;

3. ROLAND GARCIA, of legal age, married, and a resident of Purok


3, Natividad Guagua, Pampanga;

4. CECILIA GARCIA ESPIRITU of legal age, married and a


resident , Purok 3, Natividad Guagua, Pampanga;

5. JOAN GARCIA AYSON of legal age, married and a resident ,


Purok 3, Natividad Guagua, Pampanga;

WHEREAS, at the time of her death, the late Rosa L. Mercado left a
property with an area of Five Hundred Sixty Nine (569) square
meters located at Brgy. Cabetican, Bacolor, Pampanga covered by
Transfer Certificate of Title 89716-R of the Registry of Deeds of Pampanga
and more particularly described and bounded as follows:

“TRANSFER CERTIFICATE OF TITLE NO. 89716-R”


“ A parcel of land (Lot 295-C-2 of the subdivision plan (LRC)
Psd-148190, being a portion of lot 295-C, (LRC) Psd 18235,
LRC Cad Rec No. 148) situated in the barrio of Cabetican,
Municipality of Bacolor, Province of Pampanga. Bounded on
the NE, points 3 to 4 by lot 295-D, (LRC) PSD-18238; on the
SE points 4 to 1 by lot 295-C-3, on the SW, points 1 to 2 by
Lot 295-C-4 (Alley), and on the N. by points 2 to 3 by Lot
295-C-1, all of the subdivision plan, Beginning at a point
marked “ 1” on the plan being S 69 deg., 10W’, 114.22n
from BBM 4, Bacolor, Cadastre
thence N.53 deg.13’W,39.93m to point 2
thence N.36 deg. 47’ E,13.66 m to point 3
thence S.55 deg.30’ E 39.96 m to point 4
thence S.36 deg.46’W,15.05 m to point 2

to the point of beginning containing an area of Five Hundred


Sixty-Five (565) square meters more or less………
xxx xxx xxx xxx

WHEREAS, that the said paraphernal property shall likewise


constitute the exclusive property of the Heirs under Article 148 of the Civil
Code of the Philippines;

WHEREAS, in view of the above facts and circumstances, we are


therefore co-owners and to terminate co-ownership over 569 square
meter property above described. That we hereby adjudicate over the
same in pro-indiviso sharing pursuant to Section 1, Rule 74 of the Rules of
Court of the Philippines, subject to the liabilities imposed by Section 4, of
the same Rule;

WAIVER OF RIGHTS

            WHEREAS, We, Danilo G. Garcia Sr., Danilo M. Garcia, Jr. Roland


M. Garcia , (whose personal circumstances are mentioned above) have
agreed and covenanted to CEDE, TRANSFER and CONVEY unto our sisters
Cecilia M. Garcia-Espiritu and Joan M. Garcia-Ayson (whose personal
circumstances are mentioned above), their heirs and assigns the full
ownership and possession of the above-described properties under the
following:
Cecilia M. Garcia-Espiritu 350 square meters
Joan M. Garcia-Ayson 219 square meters

            NOW, THEREFORE, for and in consideration of the foregoing


premises, we waived and renounced, as by these presents we hereby
WAIVE and RENOUNCE our share, right and participation over the above-
described properties.
            That the above-described properties has not yet been registered
under Act 496 nor under the Spanish Mortgage Law and that the herein
parties do hereby agree to register this instrument under the provision of
Act 3344, as amended.
            IN WITNESS WHEREOF, we have hereunto set our hands,
this____day of ___________, 2021 at _____________________.

______________________________ _______________________
DANILO G. GARCIA, SR. ROLAND M. GARCIA

______________________________ _________________________
DANILO M. GARCIA JR. CECILIA M. GARCIA-ESPIRITU

____________________
JOAN M. GARCIA -AYSON

SIGNED IN THE PRESENCE OF:


1__________________________          2. __________________________
REPUBLIC OF THE PHILIPPINES )
___________________________) S.S.

            BEFORE ME, a Notary Public for and in the City above-stated, this
____day of __________, 2021 appeared the following persons with their
Community Tax Certificate Nos. and to wit:
 Name                  ID No.     Date /Place of Issue  
Danilo G. Garcia, Sr. ______________ _________________
Danilo M. Garcia, Jr. _______________ _________________
Roland M. Garcia _______________ _________________
Cecilia M. Garcia- Espiritu _______________ _________________
Joan M. Garcia – Ayson _______________ _________________

and claim to me that they are the very same persons who executed the
foregoing instrument and acknowledge to before me that the same are
their free act and voluntary deed.
I HEREBY CERTIFY that this instrument which pertains to an Extra-
Judicial Settlement of Real Estate with Waiver and Renunciation of Rights
consist of three (3) pages including this page have been signed by the
parties and their two (2) instrumental witnesses on the left hand margin of
each of the first and second page and on the top of their typewritten
names of each of the second page.
            WITNESS MY HAND AND NOTARIAL SEAL on the date and place
first above-written.
Doc. No. _______
Page No. _______
Book No. _______
Series of 2022

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