Memorandum of Agreement

 
KNOW ALL MEN BY THESE PRESENTS:
 
This Memorandum of Agreement is entered into by and between:

ATTY. NATHANIEL CLARUS of legal age, Filipino Citizen and with

office address at Room 508 5th floor Sugbutel Building North
Reclamation Area, Cebu City, hereinafter, referred to as the FIRST
PARTY;

ATTY. JAMES GO of legal age, Filipino Citizen and with office

address at Room 508 5th floor Sugbutel Building North Reclamation
Area, Cebu City, hereinafter, referred to as the SECOND PARTY;
and,

ATTY. MICHAEL CAÑETE of legal age, Filipino Citizen and with

office address at Room 508 5th floor Sugbutel Building North
Reclamation Area, Cebu City, hereinafter, referred to as the THIRD
PARTY;
 
WHEREAS, the FIRST, SECOND AND THIRD PARTY are the
counsels of the Heirs of the late Genoveva Booc;

WHEREAS, the Heirs of the late Genoveva Booc are registered

owners of a parcel of land located in Lapu-Lapu City consisting of
___________square meters covered by Original Certificate of Title
No. _____________; and more particularly described as follows:

“xxx _____________________________”
 WHEREAS, the Heirs of the late of Genoveva Booc offered to
sell the abovementioned property to MEPZ at FIFTEEN THOUSAND
PESOS (Php15,000.00) per square meter;

WHEREAS, in consideration of the services rendered by the

FIRST, SECOND AND THIRD PARTY, the Heirs of the late
Genoveva Booc, agreed to give THIRTY PERCENT (30%) of the Net
Proceeds of the sale of the abovementioned property to MEPZ;
 
WHEREAS, the FIRST, SECOND, and THIRD PARTY; agreed
to equally divide among themselves the said THIRTY PERCENT
(30%) therefore entitling each of them to ONE-THIRD (1/3) of the
said THIRTY PERCENT (30%) of the Net Proceeds of the sale of the
abovementioned property to MEPZ;
 
NOW THEREFORE, the parties herein covenant themselves to do
and perform the following acts and deeds:
 
1. The FIRST, SECOND, AND THIRD PARTY shall equally divide
among themselves the said THIRTY PERCENT (30%)
therefore entitling each of them to ONE-THIRD (1/3) of the said
THIRTY PERCENT (30%) of the Net Proceeds of the sale of
the abovementioned property to MEPZ;

2. The FIRST, SECOND, AND THIRD PARTY shall, from their

respective ONE-THIRD share, give ______________ to
_____________ as consideration for the services they have
rendered;
 
 
IN WITNESS WHEREOF, we have hereunto affixed our
signatures below this ____ day of DECEMBER 2020 at Cebu City,
Philippines.
 

NATHANIEL N. CLARUS
FIRST PARTY

ATTY. JAMES GO ATTY. MICHAEL CAÑETE

SECOND PARTY THIRD PARTY

 
 Signed in the Presence of: 
 
 
_______________________ & _________________________
 
 
ACKNOWLEDGMENT
 
BEFORE ME, this ___ day of October 2020 at Cebu City, Philippines,
personally appeared the above-named persons known to me and to
me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same are their free acts
and deeds.
 
WITNESS MY HAND AND SEAL
 
 
 
 

 
UNDERTAKING
 
KNOW ALL MEN BY THESE PRESENTS:
 
WHEREAS, GENOVEVA BOOC died intestate without any Will and
debts on ________at Lapu-lapu City, Philippines; and she was
succeeded by her legal and exclusive heirs;
 
WHEREAS, during the lifetime of GENOVEVA BOOC, she is the
registered owner of a parcel of land; known as Lot No. 4668 covered
by Original Certificate of Title No. 127024 consisting of One
Thousand Four Hundred Eighty Six (1,486) square meters; and Lot
No. 5419-I covered by Transfer Certificate of Title No. 127026
consisting of Three Thousand Five Hundred Eighty Nine (3,589)
square meters both located at Barangay Pardo, Cebu City; and more
particularly described as follows:
 
WHEREAS, the Heirs of the late GENOVEVA BOOC were
divided into two groups with opposing claims over the above
mentioned parcel of land such that they have separately filed offers to
sell with MEPZ;

WHEREAS, the FIRST GROUP OF HEIRS OF THE LATE

GENOVEVA BOOC is duly represented by ATTY. NATHANIEL
CLARUS and ATTY. JAMES GO who filed an offer to sell the above
mentioned parcel of land to MEPZ at FIFTEEN THOUSAND PESOS
(Php15,000.00) per square meter; while the SECOND GROUP OF
HEIRS OF THE LATE GENOVEVA BOOC is duly represented by
ATTY. MICHAEL CAÑETE who thereafter filed an offer to sell the
above mentioned parcel of land to MEPZ at THIRTEEN THOUSAND
PESOS (Php13,000.00) per square meter;

  WHEREAS, FIRST AND SECOND GROUPS OF HEIRS OF

THE LATE GENOVEVA BOOC through the representation of the
aforementioned counsels, voluntarily agreed to settle each and all
differing claims between and among themselves to the effect of
consolidating their rights over LOT 4688;

NOW THEREFORE, the legal and exclusive heirs of the late

GENOVEVA BOOC, represented by the undersigned counsels do
hereby offer the parcel of land known as LOT no. 4688 located at
Lapu-lapu to MEPZ at FIFTEEN THOUSAND PESOS
(Php15,000.00) per square meter.
 

 
IN WITNESS WHEREOF, we, through our counsels, set our hand
this ___ day of December 2020 at ________________, Philippines.
 
 
 
Represented by their Attorney-in-fact:
 
 
NATHANIEL N. CLARUS
Attorney-in-fact
Roll No. 38708
 
 
 
Signed in the presence of: _________________ &
________________
 
  
ACKNOWLEDGMENT
 
BEFORE ME, this ___ day of December 2020 at ____________,
Philippines, personally appeared the above-named persons known to
me and to me known to be the same persons who executed the
foregoing instrument and acknowledged to me that the same are
there free acts and deeds.
 
WITNESS MY HAND AND SEAL