MEMORANDUM OF AGREEMENT

(Subject: Easement of Right of Way)

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement is made and entered into by:

EUGENIO J. ESTOLOGA, JR., married;

MEL ROS LIGUTOM LUSTRE, married; and
REY ANTHONY NOEL ESTOLOGA, single;

All Filipinos, of legal age, residents of Brgy. Looc, Panglao, Bohol, Philippines, and the
owners of the dominant estate, hereinafter called the FIRST PARTY.

--AND--

GILDA BONGOSIA DEL ROSARIO, widow, and a resident of 0152 Benigno Aquino, Jr.
Ave., Cogon District, Tagbilaran City, Bohol, Philippines;
MANUEL BONGOSIA, JR., single, and a resident of Poblacion, Panglao, Bohol,
Philippines;
FE BONGOSIA ESPINOSA, married to Restituto Espinosa, and a resident of 1259
Bonita Canyon Drive, Poiciana, Florida, U.S.A.;
LEANDRO BONGOSIA, married to Ma. Arlene Ardiña, and a resident of Poblacion,
Panglao, Bohol, Philippines;
CYRIL S. ACERO, married to Panfilo Acero, and a resident of Poblacion, Panglao,
Bohol, Philippines; and
GERIVI LUISA BONGOSIA BATTUNG, separated-in-fact, and a resident of Road 1725,
Blk. 517, Gate 796, Villa 8, Layla Gardens, Saar, Bahrain;

All Filipinos, of legal age, co-owners of the servient estate, represented in this
particular act and deed by AUGUSTINE BONGOSIA PALEN by virtue of Special Power
of Attorney, and hereinafter called the SECOND PARTY;

WITNESSETH:

That the FIRST PARTY are the registered owners of parcels of land designated as
____________________________, covered by ________________________________________________________, located at
Brgy. Looc, Panglao, Bohol;

That the SECOND PARTY are the registered owners and/or heirs of the registered owners,
of a parcel of land designated as Lot No. 2066-A, Psd-07-034676, covered by Transfer Certificate of
Title No. 30423;

That the FIRST PARTY, in order to have an access to and from, and to cultivate, their above-
mentioned land, and so as to have an outlet to the barangay road, which is the nearest public road
and least burdensome to the servient estate and to third persons, it would be necessary for them to
pass through a portion of the SECOND PARTY’s property, and for this purpose, a path or
passageway of not less than SIX POINT ZERO FIVE (6.05) meters wide through a portion of the
left side of the SECOND PARTY’s property (if facing the barangay road) is necessary for the use of
the FIRST PARTY and for all their needs in cultivating their estate;

That said path or passageway is particularly described as follows:

Lot No. 2066-A-7

Road Lot (6.05 m. wide)

A parcel of land (Lot 2066-A-7 of the subdivision plan, being a portion of Lot
2066-A, Psd-07-034676) situated in the Barangay of Looc, Municipality of Panglao,
Province of Bohol, Island of Panglao. This lot is intended for road. Containing an area of
FIVE HUNDRED FOUR (504) square meters, more or less.
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 NOW WHEREFORE, by virtue of the foregoing premises, the above-named parties have
entered into this Memorandum of Agreement, subject to the following terms and stipulations, to
wit:

1. That the subject matter of this Memorandum of Agreement is the easement of right of way of
a parcel of land which is designated as Lot No. 2066-A-7, with an area of 504 Square Meters,
more or less;

2. That the agreed price for the easement of the abovementioned lot is FOUR HUNDRED
THOUSAND PESOS (P400,000.00), Philippine currency;

3. That upon the signing of this Memorandum of Agreement, a downpayment of TWENTY FIVE
THOUSAND PESOS (Php25,000.00) shall be tendered by the FIRST PARTY unto the SECOND
PARTY, while the remaining balance of Php375,000.00 shall be paid in monthly installments
in the amount of FIFTEEN THOUSAND SIX HUNDRED TWENTY FIVE PESOS (Php15,625.00)
per month for a period of 24 months counted from the date of execution of this Agreement,
without the necessity of demand;

4. That the SECOND PARTY warrant that the lot subject of the easement shall be free from any
and all occupants, so that the FIRST PARTY can start to use the easement lot as their ingress
and egress to and from the barangay road;

5. That the SECOND PARTY warrant that they shall undertake for the abovementioned lot area
to be free from any liens and/or encumbrances whatsoever. The SECOND PARTY likewise
warrant that they have the full, absolute and unrestricted right to subject the Lot No. 2066-
A-7 to an easement of right of way in favor of the FIRST PARTY;

6. That a failure on the part of the FIRST PARTY to pay their monthly installment for at least
three (3) consecutive months shall invalidate this agreement, and in such case, the SECOND
PARTY may enclose or barricade the lot subject of this easement after due notice to the
FIRST PARTY.

IN WITNESS WHEREOF, the PARTIES hereunto set their hand this _____________________________
at ___________________________, Philippines.

EUGENIO J. ESTOLOGA JR. MEL ROS LIGUTOM LUSTRE

FIRST PARTY FIRST PARTY

REY ANTHONY NOEL ESTOLOGA

FIRST PARTY

AUGUSTINE BONGOSIA PALEN

(For and in behalf of GILDA BONGOSIA DEL ROSARIO, MANUEL BONGOSIA, JR., FE BONGOSIA
ESPINOSA, LEANDRO BONGOSIA, CYRIL S. ACERO, and GERIVI LUISA BONGOSIA BATTUNG)
SECOND PARTY

SIGNED IN THE PRESENCE OF:

_____________________________ _____________________________

(Acknowledgement at the next page)

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 ACKNOWLEDGMENT

Republic of the Philippines )

Province of _____________ ) S.S.
Municipality of __________ )

BEFORE ME, this ______________________ personally appeared:

Competent Evidence of Identity:

EUGENIO J. ESTOLOGA, JR. ______________________________________________________________

MEL ROS LIGUTOM LUSTRE ______________________________________________________________
REY ANTHONY NOEL ESTOLOGA ______________________________________________________________
AUGUSTINE BONGOSIA PALEN ______________________________________________________________

known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their free and voluntary act and deed.

I further certify that the above-mentioned instrument refers to a Memorandum of

Agreement, which consists of three (3) pages, including the page on which this acknowledgment is
written, all the pages hereof having been signed by the PARTIES and their witnesses, and sealed
with my notarial seal.

WITNESS MY HAND AND SEAL this ________________________ at ___________________________,

Philippines.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2022.