JURAT, ACKNOWLEDGMENT, AND FORMS FOR

CONVEYANCING

1. JURAT
SUBSCRIBED AND SWORN TO before me this___ day of
August 2006 at Cebu City, Philippines, by the above-named
affiant, who is personally known to the Notary Public and who
exhibited to me the above-indicated community tax certificate.

2. AFFIDAVITS:
2.a. AFFIDAVIT OF LOSS:
Republic of the Philippines )
Cebu City
) S.c.

AFFIDAVIT of LOSS
I, DEM BRIAN T.
PETIL, sixteen (16) years old,
Filipino, single, and with address at Labangon, Hinunangan,
Southern Leyte, after having been sworn to in accordance
with law, hereby depose and state:
1. I was issued a Temporary Identification Card by the
University of San Carlos.
2. While in possession of it, the same was mixed up
with other documents and personal belongings which I
brought with me from Leyte.
3. I tried to exert efforts to look for the same but I
could no longer find it.
4. I am executing this affidavit to attest to the truth
of the foregoing facts and that the same are true and
correct to the best of my personal knowledge.
5. Further, I am executing this affidavit for purposes
of complying with the requirements for enrollment with the
University of San Carlos.

IN WITNESS WHEREOF, I have hereunto affix my

signature this__day June 2006 at Cebu City, Philippines .

DEM BRIAN T. PETIL

SUBSCRIBED AND SWORN TO before me this__day of
June 2006 at the City of Cebu, Philippines, affiant exhibiting
to me his High School ID Card ( I.D. No. 030184) issued by
the Holy Rosary Academy of Hinunangan, Leyte and whose
identity is further established by Ms. Era Santillan of
Poblacion, Sogod, who is personally known to the
undersigned Notary Public.

2.b. AFFIDAVIT OF TWO (2) DISINTERESTED PERSONS:

Republic of the Philippines )
Sogod, Cebu
) S.c.

JOINT AFFIDAVIT
We, GEMENISA ARCHE and MARCIANO MONISET, all of
legal age, Filipinos,
and residents of Poblacion, Sogod,
Province of Cebu, Philippines, after having been sworn to in
accordance with law, hereby jointly depose and state:
1. We personally know MS. PONCIANA BRIGOLI, who is
a resident of Poblacion, Sogod, Cebu.
2. We have knowledge of her personal circumstances
because we have known her since the time of her birth and
up to the present since we are neighbors;
3. As related to us by Ms. Ponciana Brigoli and based
on the documents shown to us, it appears that in her
Baptismal Certificate and in her Marriage Certificate, her
name appears as CRESENCIA BRIGOLI.
4. We personally know that that the CRESENCIA
BRIGOLI who appears in the said documents and the
PONCIANA BRIGOLI whom we know and who appears as the

3
mother of the late Marivic Montecillo in the latters Birth and
Death Certificate are one and the same person.
5. We are executing this affidavit to attest to the truth
of the foregoing declarations and that the same are true to
the best of our knowledge.
IN WITNESS WHEREOF, we hereunto affix our signature
this__day of December 2004 at Cebu City, Philippines.
GEMENISA ARCHE
MONISET

MARCIANO

SUBSCRIBED AND SWORN TO before me this__day of

December 2004 at
Catmon, Cebu, Philippines, affiants
exhibiting to me their respective Community Tax Certificates
above-indicated.

2.c. AFFIDAVIT OF DESISTANCE: ( 2006 Bar Exam)

REPUBLIC OF THE PHILIPPINES)

City of Mandaue
) S.c.
AFFIDAVIT of DESISTANCE
I, PEDRO B. LIM, of legal age, married, Filipino, and a
resident of 219 D. Jakosalem St., Cebu City, Philippines, after
having been sworn to in accordance with law, hereby depose and
state :
1. I am the private complainant in a criminal case for Estafa
filed against Ms. Marites Aniel which case is docketed as People
of the Philippines vs. Marites Aniel Crim. Case No._______ and
pending before the Regional Trial Court of Mandaue City, Branch
56.

2. After a thorough and mature deliberation of the facts

giving rise to the filing of the said case, I realized that the same
arose purely from misunderstanding between me and the
accused.

4
3. Further, I am no longer desirous of continuing with the
prosecution of the accused, Ms. Marites Aniel, for Estafa.
4. I fully understood the contents of this affidavit and I am
executing this affidavit voluntarily and freely.

IN WITNESS WHEREOF, I have hereunto set my hand this

__day of March 2006 at Cebu City, Philippines.
PEDRO B. LIM
Affiant
CTC No: 508214605
Issued on: 1.6.06
Issued at Cebu City

SUBSCRIBED AND SWORN TO BEFORE ME this __day of

March 2006 at Mandaue City, Philippines.

3. ACKNOWLEDGMENTS
3.a. Simple Acknowledgment:
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU
) S.c.
BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally
came and appeared MATEO CABALUNA, who is personally known to the
undersigned Notary Public and exhibited his Community Tax Certificate
No. 2345 issued on 4/5/06 at Cebu City, known to me to be the same
persons who executed the foregoing Instrument and acknowledged that
the same is his free and voluntary act and deed.
WITNESS MY HAND AND SEAL this__day of October 2006 at Cebu
City, Philippines.
Doc No:
Page No:
Book No:
Series of 2006

NAME OF NOTARY
PTR No.
IBP No.
Roll of Attorneys No.

3.b. Acknowledgement where the document consists of two (2) or more

pages
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU

) S.c.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally

came and appeared MATEO CABALUNA, who is personally known to the
undersigned Notary Public and exhibited his Community Tax Certificate
No. 2345 issued on 4/5/06 at Cebu City, known to me to be the same
persons who executed the foregoing Instrument and acknowledged that
the same is his free and voluntary act and deed.
This instrument consisting of two (2) page s1, including this page
on which this acknowledgement, has been signed by the party and his
witnesses on each and every page thereof, and relates to a sale of a
parcel of land situated at 981-B Upper Suran, E. Sabellano St., Barangay
Kinasang-an, Cebu City, Philippines.

WITNESS MY HAND AND SEAL this__day of October 2006 at

Cebu City, Philippines.
Section 127 of Act No. 496 and Sec. 112. of P.D. 1529 [ Property Registration Decree] Forms in
conveyancing. - The Commissioner of Land Registration shall prepare convenient blank
forms as may be necessary to help facilitate the proceedings in land registration and shall
take charge of the printing of land title forms. Deeds, conveyances, encumbrances,
discharges, powers of attorney and other voluntary instruments, whether affecting
registered or unregistered land, executed in accordance with law in the form of public
instruments shall be registrable: Provided, That, every such instrument shall be signed by
the person or persons executing the same in the presence of at least two witnesses who
shall likewise sign thereon, and shall acknowledged to be the free act and deed of the
person or persons executing the same before a notary public or other public officer
authorized by law to take acknowledgment. Where the instrument so acknowledged
consists of two or more pages including the page whereon acknowledgment is written, each
page of the copy which is to be registered in the office of the Register of Deeds, or if
registration is not contemplated, each page of the copy to be kept by the notary public,
except the page where the signatures already appear at the foot of the instrument, shall be
signed on the left margin thereof by the person or persons executing the instrument and
their witnesses, and all the ages sealed with the notarial seal, and this fact as well as
the number of pages shall be stated in the acknowledgment. Where the instrument
acknowledged relates to a sale, transfer, mortgage or encumbrance of two or more parcels of
land, the number thereof shall likewise be set forth in said acknowledgment.
1

Doc No:
Page No:
Book No:
Series of 2006

NAME OF NOTARY
PTR No.
IBP No.
Roll of Attorneys No.

CONVEYANCING DEFINED:
A. Conveyancing refers to the
transfer of title to land from one
to another, or class of persons,
to another by deed.
It also includes:
ASSIGNMENT, LEASE,
MORTGAGE, ENCUMBRANCE OF
LAND.
B. CONVEYANCE- Everything by
which any estate or interest in
estate is created, alienated,
mortgaged, or assigned.

FORMS FOR CONVEYANCING:

Sec. 112 [P.D. 1529]. Forms in
conveyancing.
The Commissioner of Land
Registration shall prepare
convenient blank forms as may
be necessary to help facilitate
the proceedings in land
registration and shall take
charge of the printing of land
title forms. Deeds, conveyances,
encumbrances, discharges,
powers of attorney and other
voluntary instruments, whether
affecting registered or
unregistered land, executed in
accordance with law in the form
of public instruments shall be
registrable: Provided, That,
every such instrument shall be
signed by the person or persons
executing the same in the
presence of at least two
witnesses who shall likewise sign

thereon, and shall acknowledged

to be the free act and deed of
the person or persons executing
the same before a notary public
or other public officer authorized
by law to take acknowledgment.
Where the instrument so
acknowledged consists of two or
more pages including the page
whereon acknowledgment is
written, each page of the copy
which is to be registered in the
office of the Register of Deeds,
or if registration is not
contemplated, each page of the
copy to be kept by the notary
public, except the page where
the signatures already appear at
the foot of the instrument, shall
be signed on the left margin
thereof by the person or persons
executing the instrument and
their witnesses, and all the
pages sealed with the notarial
seal, and this fact as well as the
number of pages shall be stated
in the acknowledgment. Where
the instrument acknowledged
relates to a sale, transfer,
mortgage or encumbrance of two

or more parcels of land, the

number thereof shall likewise be
set forth in said
acknowledgment.

SUMMARY OF
REQUIREMENTS BASED ON
SECTION 112 OF P.D. No.
1529
1. PUBLIC DOCUMENT IS A
MUST.
2. ACKNOWLEDGED BEFORE
A NOTARY PUBLIC.
3. SIGNED BY THE PERSON
EXECUTING THE
DOCUMENT IN THE
PRESENCE OF TWO
WITNESSES WHO MUST
ALSO SIGNED.

10

4. ACKNOWLEDGED BEFORE
THE NOTARY PUBLIC TO BE
THE FREE ACT AND DEED
OF THE PERSON SIGNING.
5. IF INSTRUMENT OR
DOCUMENT CONSISTS OF
TWO OR MORE PAGES,
EACH PAGE SHALL BE
SIGNED ON THE LEFT
MARGIN BY THE PERSON
EXECUTING THE
DOCUMENT AND THE
WITNESSES AND SEALED
WITH NOTARY PUBLICS
NOTARIAL SEAL.
6. IF INSTRUMENT INVOLVES
A SALE, TRANSFER, OR
ENCUMBRANCE OF TWO
OR MORE PARCELS OF
LAND, THE NUMBER SHALL

11

BE STATED IN THE
ACKNOWLEDGMENT.

BASIC ELEMENTS OF A
CONVEYANCE:
1. GRANTOR
2. GRANTEE
3. DESCRIPTION OF THE
PROPERTY INVOLVED
4. STATEMENT OF THE
CONSIDERATION
5. DISPOSITIVE CLAUSE OR
WORDS OF GRANT

12

6. SIGNATURE OF GRANTOR
WITH AT LEAST TWO
WITNESSES
7. NOTARIAL
ACKNOWLEDGMENT

SAMPLE DEED OF SALE WITH THE

ABOVE-ENUMERATED ELEMENTS OF
A CONVEYANCE:

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:
This DEED made and entered into by and between :
EUFEMIO MARIO RUIZ, of legal age, formerly a
Filipino citizen and currently an American National,
married, and a resident of 3501 Meadow Brook Drive,
Loraine, Ohio, hereinafter to be referred to as the
VENDORS.

[ NAME OF GRANTOR]

13
- and SPOUSES LYNDE C. LAMBO and NILDA RUIZ
LAMBO, of legal age, Filipinos, and residents of 328-N
Gorordo Avenue, Cebu City, hereinafter referred to as
the VENDEE.

[ NAME OF GRANTEE]
WITNESSETH:

The VENDOR is the absolute owner of a parcel of land

with permanent improvements thereon, consisting of a
residential house, which is more particularly described
as follows:
TCT No. 98741
Registry of Deeds of Cebu City
A parcel of land (Lot No. 3, Block 4 of the subdivision
plan, Fls-598-D, Swo-22215, being part of Lot No. 882
of the Banilad Estate, G.L.R.O. Rec. No. 5988), with the
improvements thereon, situated in the City of Cebu.
Bounded on the NW. by Lot No. 2, Block No. 4 of the
subdivision plan; on the SE. by Road Lot No. 3 of the
subdivision plan; on the SW. by Lot No. 4, Block No. 4
of the subdivision plan. Beginning at a point marked
1 on plan, being S.19 deg. 15W. 408.86 m. more or
less from Mon. of the Banilad Estate; thence N.61 deg.
06E. 11.82 m. to point 2; thence S.27 deg. 22E.
14.96 m. to point 3; thence S. 63 deg. 43W. 11.99 m.
to point 4; thence N.26 deg.41W. 14.40 m. to point of
beginning; containing an area of ONE HUNDRED
SEVENTY FIVE (175) SQUARE METERS more or less.
xxx
xxx
xxx.

[
DESCRIPTION
PROPERTY]

OF

14
The above-described parcel of land, as well as the
improvements thereon, is the exclusive property of the
VENDOR having inherited the same from his parents.

FOR AND IN CONSIDERATION of the sum of ONE

,[
THE

MILLION PESOS (P1,000,000.00) Philippine Currency

STATEMENT
OF
CONSIDERATION] receipt

whereof is
hereby acknowledgmed to the entire satisfaction of
the VENDOR, the VENDOR hereby SELLS, TRANSFERS,
AND CONVEYS by way of absolute sale unto the
VENDEES, their heirs, assigns, and successors-in-

,[ DISPOSITIVE CLAUSE
OR WORDS OF GRANT] the aboveinterests

described parcel of land and the improvements

existing thereon as likewise above-described.

The VENDOR hereby warrants unto the VENDEE full

title and ownership over the above-described parcel of
land and the improvements thereon, free from all liens
and encumbrances and shall defend its ownership
against any and all claims of whatever nature that
may be interposed by any party.

IN WITNESS WHEREOF, the parties to this Contract

have hereunto affixed their respective signatures
this__day of __________________ at Cebu City,
Philippines.

EUFEMIO MARIO RUIZ

VENDOR
US Passport No. 088598087
Date Issued: 18 April 200
Date of Expiry: 17 April 2010

15

[ SIGNATURE OF
GRANTOR]

WITNESSES :
____________________ _____________________

[ SIGNATURE OF WITNESSES]
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU
) S.S.
BEFORE ME, a Notary Public in and for Cebu City
this __day of ___________________ personally appeared
the following:
EUFEMIO MARIO RUIZ
Who is personally known to me to be the same
persons who signed and executed the foregoing
document and acknowledged to me that the same is
his free and voluntary act and deed.
This DEED relates to a sale of a parcel of land,
situated in the City of Cebu and the improvements
existing thereon, and consist of three (3) pages
including this page on which the acknowledgment is
written and signed by the parties on each and every
page thereof at the left margin, except the last page.
IN WITNESS WHEREOF, I have hereunto affixed my
signature and notarial seal in Cebu City, this ______day

16

[
NOTARIAL
ACKNOWLEDGMENT]
of

_____________.

NOTE:
The VENDEE need NOT sign the DEED OF SALE because
there are no conditions or stipulations which are assumed
by the vendee.
However, if there are conditions or stipulations
assumed by him ( for example, that he will be the one to
pay for the expenses of subdivision), then HE HAS TO SIGN
the DEED OF SALE.

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:
This DEED made and entered into by:
JOSE RUIZ, of legal age, single, a Filipino citizen and residing at
Luke Wright St., Dumaguete City, hereinafter to be referred to as
the VENDOR.
- in favor of SPOUSES LYNDE C. LAMBO and NILDA RUIZ LAMBO, of
legal age, Filipinos, and residents of 328-N Gorordo Avenue,
Cebu City, hereinafter referred to as the VENDEE.
WITNESSETH:

17

The VENDOR is the absolute owner of TWO (2) parcels of land

with permanent improvements thereon, consisting of a
residential house, which parcels of land are more particularly
described as follows, to wit:
TCT No. 98741
Registry of Deeds of Cebu City
A parcel of land (Lot No. 3, Block 4 of the
subdivision plan, Fls-598-D, Swo-22215, being part
of Lot No. 882 of the Banilad Estate, G.L.R.O. Rec.
No. 5988), with the improvements thereon,
situated in the City of Cebu. Bounded on the NW.
by Lot No. 2, Block No. 4 of the subdivision plan; on
the SE. by Road Lot No. 3 of the subdivision plan;
on the SW. by Lot No. 4, Block No. 4 of the
subdivision plan. Beginning at a point marked 1
on plan, being S.19 deg. 15W. 408.86 m. more or
less from Mon. of the Banilad Estate; thence N.61
deg. 06E. 11.82 m. to point 2; thence S.27 deg.
22E. 14.96 m. to point 3; thence S. 63 deg. 43W.
11.99 m. to point 4; thence N.26 deg.41W. 14.40
m. to point of beginning; containing an area of ONE
HUNDRED SEVENTY FIVE (175) SQUARE METERS
more or less. Xxx
xx.

TCT No. 98742

Registry of Deeds of Cebu City
A parcel of land (Lot No. 4, Block 4 of the
subdivision plan, Fls-598-D, (Swo-22215), being
part of Lot No. 882 of the Banilad Estate, G.L.R.O.
Rec. No. 5988), with the improvements thereon,
situated in the City of Cebu. Bounded on the NE. by
Lot No. 3, Block No. 4 of the subdivision plan; on
the SE. by Road Lot No. 3 of the subdivision plan;
on the SW. by Lot No. 5, Block No. 4 of the
subdivision plan; and on the NW. by Lot No. 7,
Block No. 4 of the subdivision plan. Beginning at a
point marked 1 on plan, being S.19 deg. 15W.
408.86 m. more or less from Mon.5 of the Banilad
Estate; thence S.26 deg. 41 E. 14.40 m. to point 2;
thence S. 63 deg. 09W. 11.96 m. to point 3; thence
N.26 to deg.12W. 14.66 m to point 4; thence S.64
deg. 22E. 11.83 m. to point of beginning,
containing an area of ONE HUNDRED SEVENTY
THREE (173) SQUARE METERS more or less. Xxx

18
xx
xxx.

The above-described parcels of land, as well as the

improvements thereon, are the exclusive properties of the
VENDOR having inherited the same from his parents.
FOR AND IN CONSIDERATION of the sum of ONE MILLION PESOS
(P1,000,000.00) Philippine Currency, receipt whereof is hereby
acknowledgmed to the entire satisfaction of the VENDOR, the
VENDOR hereby SELLS, TRANSFERS, AND CONVEYS by way of
absolute sale unto the VENDEES, their heirs, assigns, and
successors-in-interests, the above-described parcels of land and
the improvements existing thereon as likewise above-described.

The VENDOR hereby warrants unto the VENDEE full title and
ownership over the above-described parcel of land and the
improvements thereon, free from all liens and encumbrances
and shall defend its ownership against any and all claims of
whatever nature that may be interposed by any party.
IN WITNESS WHEREOF, the parties to this Contract have
hereunto affixed their respective signatures this__day of
__________________ at Cebu City, Philippines.

JOSE RUIZ
VENDOR

WITNESSES :
___________________________

________________________

ACKNOWLEDGEMENT

19

4.c. Sale of Unsegregated Portion of

Land:
DEED OF SALE
KNOW ALL MEN BY THESE PRESENTS:
This DEED, made and entered into by:
JUAN DE LA CRUZ, of legal age, Filipino, widow, and a
resident of Maayong-tubig, Dauin, Negros Oriental,
Philippines,
hereinafter
called
the
VENDOR,
- in favor of JUANA CRUZ, single, of legal age, and a resident of Bogo,
Cebu, hereinafter called the VENDEE,
WITNESSETH:
WHEREAS, the VENDOR is the absolute and registered
owner of a parcel of land located at Barangay
Maayongtubig, Municipality of Dauin, Negros Oriental
covered by Transfer Certificate of Title No. FT-6639 of the
Register of Deeds of Negros Oriental and more
particularly described as follows:
A parcel of land (Lot 7072-B, of the
subdivision plan Psd-07-033185, being a
portion of lot 7072, pls-759), situated in
the
Barrio
of
Maayong-tubig,
Municipality of Dauin, Province of
Negros Oriental. Bounded on the west
along line 1-2, by Lot 7088, Pls-759; on
the NW. along
line 2-3, by Lot 7071,
Pls-759; on the North along line 3-4, by
Lot 7036, Pls-759, on the NE.
along
lines 4-5-6, by Lot 7072-A of the
subdivision plan, on the SE. along line 67, by Mindanao sea, along line 7-8, by
Lot 7073; along line 8-9, by Lot 7074;
along line 9-10, by
Lot 7075;
along line 10-11, by Lot 7076; along line
11-12, by Lot 7078; along line 12-13, by
Lot 7079; along line 13-14, by Lot 7080;

20
and along line 14-1, by Lot 7087, all of
Pls-759.
Beginning at a point marked "1" on
plan, being S. 34 deg. 31'W., 5,543.28
m. from BLIM No. 1, Pls-759; thence N.
36 deg. 56'E., 41.39 m. to point 2;
thence N. 36 deg, 42'E., 95.75 m. to
point 3; thence s. 52 deg. 29'E., 67.10
m, to point 4; thence s. 34 deg. 34'W.,
49.98 m. to point 5; thence s. 52 deg.
29'E., 100.36 m. to point 6; thence s. 34
deg. 10'W., 93.18 m. to point 7; thence
N. 50 deg. 59'W., 12.34 m. to point 8;
thence N. 46 deg. 02'W., 23.12 m. to
point 9; thence N. 55 deg. 02'W., 11.88
m. to point 10; thence N. 45 deg. 48'W.,
10.23 m. to point 11;
thence N. 51
deg 04'W., 11.25 m. to point 12; thence
N. 49 deg. 32'W., 11.74 m. to point 13;
thence N. 52 deg. 00'W., 37.78 m. to
point 14; thence N. 51 deg. 27'W., 55.60
m. to point of beginning containing an
area of EIGHTEEN THOUSAND SIX
HUNDRED EIGHTY
(18,680) SQUARE
METERS, more or less.
All points
referred to are indicated on plan and
are marked as follows: points 4, 5 & 6,
by P.S. cyl. conc. mons. 15 x 40 cms,
and the rest by
PLS cyl. conc. mons.
Bearings true; date of original survey,
July 28, 1961 and that of the
Subdivision survey, executed by Engr.
William R. Rigurosa, December 11, 1994
and approved on June 1, 1995.
WHEREAS, the VENDEE has offered to buy and the
VENDOR has agreed to sell a PORTION of the abovedescribed property, consisting of ONE THOUSAND
(1,000) SQUARE .METERS, more or less, which may be
identified with the following tentative description:
"A portion of Lot No. 7072-B-2, situated
in Barangay Maayongtubig, Municipality
of Dauin, Negros Oriental, Bounded on
the Southeast along line 6-7 by the
Mindanao sea; along line 7-8, by lot
7073; along line 8-9, by Lot 7074; along
line 9-10, by Lot 7075; along line 10-11,
by Lot 7076."

21

together with all the improvements thereon , for the

consideration and the terms and conditions set forth herein
below:
NOW, THEREFORE, for and in consideration of the
aforesaid premises and more specifically of the sum of FIVE
HUNDRED THOUSAND PESOS (P500,000.00), Philippine
Currency, the receipt whereof is hereby acknowledged in full
from the VENDEE to the entire satisfaction of the VENDOR,
the said VENDOR does hereby SELL, TRANSFER, CONVEY and
DELIVER, in a manner absolute and irrevocable, in favor of
the VENDEE, her heirs, assigns and successors in interests
the property above described with all the improvements
existing thereon.
The above-described parcel of land is not tenanted and
does not come within the operation of the Comprehensive
Agrarian Reform Law or any other agrarian reform laws of the
Philippines.
That the VENDOR hereby further warrants valid title to
and peaceful possession of the property herein sold and
conveyed and further declares that the same is free and
clear of all liens and encumbrances of any kind whatsoever.

IN WITNESS WHEREOF, the VENDOR has hereunto set

her hand on the____day of September 2006 at Dumaguete
City, Philippines.

TIMOTEA ALAGASI
SIGNED IN THE PRESENCE OF:
_________________

ACKNOWLEDGMENT

_______________

22

5. CONTRACT TO SELL:2
CONTRACT TO SELL
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT, made and entered into by and
between:
____________, of legal age, Filipino,
single/married and residing at _________, hereinafter
referred to as the VENDOR,
- and _____________, of legal age, Filipino, single/married and residing
at _________, hereinafter referred to as the VENDEE,
WITNESSETH:
That the VENDOR is the registered owner of a residential house
and lot located at _____ covered by Transfer Certificate of
Title No._____ of the Register of Deeds of _____ and more
particularly described as follows:

Art. 1475. The contract of sale is perfected at the moment there is a meeting of minds
upon the thing which is the object of the contract and upon the price.
From that moment, the parties may reciprocally demand performance, subject to the
provisions of the law governing the form of contracts. (1450a)
Art. 1477. The ownership of the thing sold shall be transferred to the vendee upon the
actual or constructive delivery thereof. (n)
Art. 1478. The parties may stipulate that ownership in the thing shall not pass to the
purchaser until he has fully paid the price. (n)
Art. 1479. A promise to buy and sell a determinate thing for a price certain is reciprocally
demandable.
An accepted unilateral promise to buy or to sell a determinate thing for a price certain is
binding upon the promissor if the promise is supported by a consideration distinct from the
price. (1451a)

23

-technical descriptionThat for and in consideration of the sum of ______ (P______),

Philippine Currency, the VENDOR hereby conditionally
SELLS, TRANSFERS AND CONVEYS unto the VENDEE, his
heirs, successors and assigns the above described
residential house and lot, together with all the
improvements thereon, under the following terms and
conditions:
1. That the amount of ______ (P___) shall be paid by the
VENDEE to the VENDOR as down-payment;
2. That the balance of _________ (P_____) shall be paid in
the following manner:
3. That the capital gains tax, documentary stamps,
registration fee, transfer tax, documentation expenses and
notarial fee shall be for the account of the VENDEE;
4. That the realty tax for the year____ shall be for the
account of the a VENDOR;
5. Title to the above-described property subject of
this contract remains with the VENDOR and shall
pass to and be transferred to the VENDEE only upon
complete payment of the full consideration above
agreed upon and the execution and signing of the
final DEED OF ABSOLUTE SALE;
6. Other conditions, if any.
IN WITNESS WHEREOF, both parties hereunto set their
hands this ___ day of February, 2002 at the City of Pasay,
Philippines.

VENDEE

SIGNED IN THE PRESENCE OF:

_____________

______________

VENDOR

24

6. NOTICE OF CANCELLATION OF CONTRACT TO

SELL:

SAMPLE FORM:
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU

) S.S.

NOTICE OF DELINQUENCY AND CANCELLATION OF

CONTRACT TO SELL

MR. /MRS._____________
_________________________
This notice is being served to you in my capacity
as
Manager
of
XYZ
Realty
Development
Corporation.
It appears that you have been in arrears in the
payment of your installment on the Contract to Sell
No. ____executed in your favor on ________,
involving Lot No. 5, Block 6, XYZ Subdivision, with
an area of 600 square meters, for the last
__months, or more than 60 days grace period
allowed by Republic Act No. 6552, we regret to
advise you that, unless you make up for all your
arrears within the next 30 days from receipt of this
notice, all your rights will be deemed extinguished
and terminated, and the aforementioned Contract
to Sell declared, as it is hereby declared, cancelled
and of no further effect.
____________________, Philippines

25

________________
SELLER
SUBSCRIBED AND SWORN TO before me this__day
of November 2006 at Cebu City, Philippines.

7. DEED OF SALE WITH PACTO DE RETRO ( RIGHT

OF REPURCHASE)
SAMPLE FORM:

DEED OF SALE WITH RIGHT TO

REPURCHASE
KNOW ALL MEN BY THESE PRESENTS:
(SAME FORMAT AS ABOVE DEED OF
SALE WITH VENDOR REFERRED AS "VENDOR A
RETRO" AND VENDEE AS "VENDEE A RETRO")
That the VENDOR A RETRO is the
registered owner of a parcel of land, more
particularly described as follows:

(copy
technical
dexcription
Certificate of Title No.)

&

Transfer

THAT FOR AND IN CONSIDERATION of

the sum of _______PESOS (P______), Philippine
Currency, in hand paid by the VENDEE A
RETRO to the full satisfaction of the VENDOR
A RETRO, the latter hereby SELLS, CEDES,
AND CONVEYS by way of SALE WITH RIGHT TO
REPURCHASE unto the VENDEE A RETRO, his

26
heirs, and assigns, the above described real
property;

That said VENDOR A RETRO hereby

reserves for himself, his heirs, successors or
assigns, the right to repurchase the property
subject matter of this contract by paying
back, during a period of _____ years (not
exceeding ten years) from the date hereof,
delivering to the VENDEE A RETRO the
purchase price herein agreed upon, together
with all the expenses incident to the
repurchase, and title to said property shall
then pass to and become vested, absolutely
and without reservation, in the VENDOR A
RETRO, his heirs, successors and assigns for
the said amount of _______PESOS (P________);

That should the VENDOR A RETRO fail

to repurchase the above described property
after the agreed period, the VENDEE A RETRO
shall have all the right to institute the
necessary
proceeding
for
the
full
consolidation of ownership unto himself,
under existing laws and jurisprudence.

That this parcel of land does not come

under the operation of the Land Reform Code
of the Phils. or the implementing circulars
thereon.

IN WITNESS WHEREOF, the parties

have hereunto set their hands this ___ day of
_______, 2003 at the City of Lipa.

27
Signature of Vendee a Retro
Vendor a Retro

Signature o

WITNESSES: __________ __________

ACKNOWLEDGMENT

8. AFFIDAVIT OF ADJUDICATION BY SOLE HEIR:

Reference:
RULE 74

SUMMARY SETTLEMENT OF ESTATES

SECTION
1.
Extrajudicial
settlement
by
agreement between heirs.If the decedent left no
will and no debts and the heirs are all of age, or the
minors are represented by their judicial or legal
representatives duly authorized for the purpose, the
parties
may,
without
securing
letters
of
administration, divide the estate among themselves
as they see fit by means of a public instrument filed
in the office of the register of deeds, and should they
disagree, they may do so in an ordinary action of
partition. If there is only one heir, he may adjudicate
to himself the entire estate by means of an affidavit
filed in the office of the register of deeds. The parties
to an extrajudicial settlement, whether by public
instrument or by stipulation in a pending action for
partition, or the sole heir who adjudicates the entire
estate to himself by means of an affidavit shall file,
simultaneously with and as a condition precedent to
the filing of the public instrument, or stipulation in
the action for partition, or of the affidavit in the office
of the register of deeds, a bond with the said register
of deeds, in an amount equivalent to the value of the
personal property involved as certified to under oath
by the parties concerned and conditioned upon the
payment ol any just claim that may be filed under
section 4 of this rule. It shall be presumed that the
decedent left no debts if no creditor files a petition

28
for letters of administration within two (2) years after
the death of the decedent.
The fact of the extrajudicial settlement or
administration shall be published in a newspaper of
general circulation in the manner provided in the
next succeeding section; but no extrajudicial
settlement shall be binding upon any person who has
not participated therein orhad no notice thereof.

SAMPLE FORM:
Republic of the Philippines)
City of Cebu
) S.c.
AFFIDAVIT OF ADJUDICATION BY SOLE HEIR
I, .., of legal age, single, Filipino, and with
residence at ______, after having been duly sworn to in
accordance with law hereby depose and state:
1. I am the only son and sole heir of one_______,
who died intestate on______ at______;
2. The said deceased left a parcel of land
located at______, consisting of____square meters more
or less, and more particularly described as follows:
(Description of Property)
3. The decedent left no debts, nor any Last Will
and Testament;
4. Pursuant to Section 1 of Rule 74 of the
Revised Rules of Court of the Philippines, I hereby
adjudicate unto myself the parcel of land abovedescribed and I hereby request the Register of Deeds
of _______to register and render the same effective.

29
5. The above realty does not come under the
operation of the Comprehensive Agrarian Reform Law.
IN WITNESS WHEREOF, I have hereunto set my
hand this__day of November 2004 at _________.

.
SUBSCRIBED and SWORN TO BEFORE
this__day of November 2004 at_____________.

9. EXTRAJUDICIAL SETTLEMENT OF ESTATE:

Reference:
SECTION 1. Extrajudicial settlement by agreement
between heirs.If the decedent left no will and no
debts and the heirs are all of age, or the minors are
represented by their judicial or legal representatives
duly authorized for the purpose, the parties may,
without securing letters of administration, divide the
estate among themselves as they see fit by means of
a public instrument filed in the office of the register
of deeds, and should they disagree, they may do so
in an ordinary action of partition.

SAMPLE FORM:
EXTRAJUDICIAL SETTLEMENT OF ESTATE
KNOW ALL MEN BY THESE PRESENTS:
WE, ( names of heirs and their respective personal
circumstances),

ME

30
WITNESSETH:
We are the legitimate children and sole heirs of
____________, who died on_____at.
Said deceased died intestate, without a Will or
Testament, and without any outstanding debts in
favor of any person or entity.
The deceased left a parcel of land situated
at.covered by TCT No.of and more
particularly described as follows, to wit:

( Description of Property)
Pursuant to Rule 74, Section 1 of the Revised Rules of
Court of the Philippines, and both being with full
capacity to contract, we do hereby adjudicate unto
ourselves the land described above, in equal shares.

IN WITNESS WHEREOF, we have hereunto affixed our

signatures..

ACKNOWLEDGEMENT

10. EXTRA-JUDICIAL SETTLEMENT WITH SALE:

[ NOTE: You can simultaneously execute an
Extrajudicial Settlement and Absolute Sale]

31

EXTRAJUDICIAL SETTLEMENT
OF ESTATE WITH ABSOLUTE
SALE
KNOW ALL MEN BY THESE PRESENTS:
WE, _______, of legal age, single/married to
____, with residence address at _____, and
_______, of legal age, single/married to _____,
with residence address at _____,
WITNESSETH:
That we are the legitimate children and
sole heirs of the deceased _______ who died on
______ at _________, copy of his death certificate
hereto attached as Annex "A";

That said deceased died intestate, without

Will or Testament, and without any outstanding
debts in favor of any person or entity;

That the deceased left a parcel of land

situated at ______ covered by Transfer
Certificate of Title No. ____ of the Register of
Deeds of _______ and more particularly
described as follows:
(copy technical description)
That pursuant to Rule 74, Sec. 1 of the
Revised Rules of Court of the Philippines, and
both being with full capacity to contract, we do
hereby adjudicate unto ourselves the parcel of
land described above, in equal shares.

32

That FURTHER, FOR AND IN

CONSIDERATION of the sum of _______(P____),
Philippine Currency, to us in hand paid to our
entire satisfaction by _______, of legal age,
single/married to ___ and with residence
address at _____, we do hereby SELL, CONVEY
and TRANSFER by way of ABSOLUTE SALE unto
the said ________, his heirs, successors and
assigns, all our rights and interests in the
parcel of land described above;

That we hereby warrant our title unto the

said ________ and that henceforth, he shall have
exclusive right of ownership and possession
over said parcel of land, free from all liens and
encumbrances;

That this land is not tenanted and does not

come within the operation of the Land Reform
Code and allied circulars of the Department of
Agrarian Reform.
IN WITNESS WHEREOF, - - Signature of Heir

Signature
of Heir

ACCEPTANCE OF SALE:
Signature of Buyer
SIGNED IN THE PRESENCE OF:
______________

ACKNOWLEDGMENT

______________

33

11. EXTRAJUDICIAL SETTLEMENT WITH WAIVER:

SAMPLE FORM:
EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH
WAIVER OF SHARE
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, executed by and between:
....widow
of ................................... and........................................... of
legal age, single/married to.................. and resident
of............................................................and..............of
legal age, single/married to...................................... and
resident of and.................................................
of.......................legal age, single/married
to............................. and resident of .............

WITNESSETH:
1. That the above-named parties are the widow and
children and the sole heirs of the
deceased...........................................who died
on........................ at.

2. That said deceased died intestate, without Testament

and without leaving any debts whatsoever;

34
3. That said deceased left the following real properties
which are all conjugal and owned in common with
his wife, the
herein..................................................................
(Description of Properties)
4. That pursuant to Sec. 1, Rule 74 of the Revised Rules
of Court of the Philippines, and the parties herein being
all of age, they have agreed to divide as they do hereby
divide and adjudicate, the real properties, abovedescribed as follows
That they hereby affirm that they have executed the
foregoing instrument out of their own voluntary free
will without force, intimidation or violence upon their
person, that they have hereby received their just and
proper share and have no claim or demand against
each other
That I,...................................................for my part
and FOR AND IN CONSIDERATION and of the sum
of..........................................................(P....) Philippine
Currency to me hand paid by my hereinabove named
children to wit, ........,
......................., and ....hereby
TRANSFER AND CONVEY unto the
said ............................and ..............., their heirs and
assigns all the rights , interest, and participation in
the above described , do hereby WAIVE my rights ,
interest and participation in the above-described real
property in favor of all my children ,
namely;.........,....................................,........, and ....in
like shares:
WITNESS MY HAND this .....day of ........
at..., ......, ...................,.....,
WITNESSES:
(ACKNOWLEDGEMENT, FORM NO. 1)

35

12. PETITION TO CANCEL STATUTORY LIEN :

Reference:
1. Rule 74, Section 1:

...

It shall be
presumed that the decedent left no debts if no
creditor files a petition for letters of
administration within two (2) years after the
death of the decedent.

2.

SEC. 4. Liability of distributees and estate.If it

shall appear at any time within two (2) years
after the settlement and distribution of an estate
in accordance with the provisions of either of the
first two sections of this rule, that an heir or
other person has been unduly deprived of his
lawful participation in the estate, such heir or
such other person may compel the settlement of
the estate in the courts in the manner
hereinafter provided for the purpose of satisfying
such lawful participation. And if within the same
time of two (2) years, It shall appear that there
are debts outstanding against the estate which
have not been paid, or that an heir or other
person has been unduly deprived of his lawful
participation payable in money, the court having
jurisdiction of the estate may, by order for that
purpose, after hearing, settle the amount of
such debts or lawful participation and order how
much and in what manner each distributee shall
contribute in the payment thereof, and may
issue execution, if circumstances require,.
against the bond provided in the preceding
section or against the real estate belonging to
the deceased, or both. Such bond and such real
estate shall remain charged with a liability to
creditors, heirs, or other persons for the full
period of two (2) years after such distribution,
notwithstanding any transfers of real estate that
may have been made.

36

3.

P.D. 1529, Sec. 86. Extrajudicial settlement of

estate.

When a deed of extrajudicial settlement has been

duly registered, the Register of Deeds shall
annotate on the proper title the two-year lien
mentioned in Section 4 of Rule 74 of the Rules of
Court. Upon the expiration of the two-year period
and presentation of a verified petition by the
registered heirs, devisees or legatees or any other
party in interest that no claim or claims of any
creditor, heir or other person exist, the Register of
Deeds shall cancel the two-year lien noted on the
title without the necessity of a court order . The
verified petition shall be entered in the Primary
Entry Book and a memorandum thereof made on
the
title.
No deed of extrajudicial settlement or affidavit of
adjudication shall be registered unless the fact of
extrajudicial settlement or adjudication is published
once a week for three consecutive weeks in a
newspaper of general circulation in the province
and proof thereof is filed with the Register of
Deeds. The proof may consist of the certification of
the publisher, printer, his foreman or principal
clerk, or of the editor, business or advertising
manager of the newspaper concerned, or a copy of
each week's issue of the newspaper wherein the
publication
appeared.

SAMPLE FORM:

PETITION TO CANCEL STATUTORY

LIEN
TO: THE REGISTER OF DEEDS
CEBU CITY

37

The undersigned petitioner, _______,

after having been sworn in
accordance with law, hereby state:
1. He is of legal age, a resident of
_________and the registered owner of
a parcel of land situated in_________
and covered by TCT No. 5678 issued
by the Registry of Deeds of Cebu
City, the owners duplicate of which is
attached.
2. The above-mentioned Certificate
contains an annotation of
encumbrance relating to contingent
liabilities of the property therein
described to possible claims of heirs,
creditors, and other persons who
might have been deprived of lawful
participation in the estate of the
deceased______, in accordance with
Section 4, Rule 74 of the Rules of
Court, the encumbrance being
annotated as per Entry No.____.
3. The statutory period of two years has
already elapsed since the
extrajudicial settlement and
distribution of the estate as
registered on ________, and no claim
has been presented by any party to
this date.

38

WHEREFORE, petitioner prays of the

Register of Deeds of _______to cancel
the above-mentioned statutory lien or
encumbrance on TCT No.
SGD.
Petitioner
( NOTARIAL OATH)

13. LIS PENDENS:

Reference:
P.D. 1529
Sec. 76. Notice of lis pendens. - No action to
recover possession of real estate, or to quiet
title thereto, or to remove clouds upon the
title thereof, or for partition, or other
proceedings of any kind in court directly
affecting the title to land or the use or
occupation thereof or the buildings thereon,
and no judgment, and no proceeding to
vacate or reverse any judgment, shall have
any effect upon registered land as against
persons other than the parties thereto, unless
a memorandum or notice stating the
institution of such action or proceeding and
the court wherein the same is pending, as
well as the date of the institution thereof,

39

together with a reference to the number of

the certificate of title, and an adequate
description of the land affected and the
registered owner thereof, shall have been
filed and registered.
Sec. 77. Cancellation of lis pendens. - Before
final judgment, a notice of lis pendens may be
cancelled upon order of the court, after
proper showing that the notice is for the
purpose of molesting the adverse party, or
that it is not necessary to protect the rights
of the party who caused it to be registered. It
may also be cancelled by the Register of
Deeds upon verified petition of the party who
caused the registration thereof.
At any time after final judgment in favor of
the defendant, or other disposition of the
action such as to terminate finally all rights of
the plaintiff in and to the land and/or
buildings involved, in any case in which a
memorandum or notice of lis pendens has
been registered as provided in the preceding
section, the notice of lis pendens shall be
deemed cancelled upon the registration of a
certificate of the clerk of court in which the
action or proceeding was pending stating the
manner of disposal thereof.

SAMPLE FORM:

NOTICE OF LIS PENDENS

T O : Register of Deeds of _______________

40
Please be notified that on _______________, 2004
the plaintiff in the above-entitled case filed an
action, now pending for trial in the Regional Trial
Court of ___________________, for (state the nature of
action) of certain parcels of land against the
defendant_________________, which parcels of land
are situated in __________________, and more
particularly described as follows:
(description of property)

A copy of the Complaint is attached to this

Notice as ANNEX A.
You are, therefore, requested to record this
notice of the pendency of the above-mentioned
action, at the back portion of the title to abovedescribed property, for all legal purposes.
Cabanatuan City, _________________, 2004.

Counsel for Plaintiff

(Address, IBP No. & Roll No.)

CANCELLATION OF NOTICE OF LIS

PENDENS
T O : Register of Deeds of _______________
The parties in the above-entitled case having
come to an amicable settlement, the
undersigned who caused to be registered a
Notice of Lis Pendens affecting the real
property covered by OCT No. , entered on
_________, respectfully petitions that the same

41
be cancelled in the manner provided by law,
and considred witdrawn.
Cabanatuan City, _________________, 2004.
VERIFICATION
OATH
( NOTE: THIS FORM PRESUPPOSES THAT THERE
IS AN AMICABLE SETTLEMENT, OTHERWISE,
CANCELLATION OF NOTICE OF LIS PENDENS
SHALL ONLY BE DONE PURSUANT TO AN ORDER
FROM THE COURT)

14. ADVERSE CLAIM:

Reference:
Sec. 70. Adverse claim. - Whoever claims any
part or interest in registered land adverse to
the registered owner, arising subsequent to
the date of the original registration, may, if
no other provision is made in this Decree for
registering the same, make a statement in
writing setting forth fully his alleged right or
interest, and how or under whom acquired, a
reference to the number of the certificate of
title of the registered owner, the name of the
registered owner, and a description of the
land in which the right or interest is claimed.
The statement shall be signed and sworn to,
and shall state the adverse claimant's
residence, and a place at which all notices
may be served upon him. This statement shall
be entitled to registration as an adverse claim
on the certificate of title. The adverse claim
shall be effective for a period of thirty days

42

from the date of registration. After the lapse

of said period, the annotation of adverse
claim may be cancelled upon filing of a
verified petition therefor by the party in
interest: Provided, however, that after
cancellation, no second adverse claim based
on the same ground shall be registered by the
same claimant.
Before the lapse of thirty days aforesaid, any
party in interest may file a petition in the
Court of First Instance where the land is
situated for the cancellation of the adverse
claim, and the court shall grant a speedy
hearing upon the question of the validity of
such adverse claim, and shall render
judgment as may be just and equitable. If the
adverse claim is adjudged to be invalid, the
registration thereof shall be ordered
cancelled. If, in any case, the court, after
notice and hearing, shall find that the adverse
claim thus registered was frivolous, it may
fine the claimant in an amount not less than
one thousand pesos nor more than five
thousand pesos, in its discretion. Before the
lapse of thirty days, the claimant may
withdraw his adverse claim by filing with the
Register of Deeds a sworn petition to that
effect.
SAMPLE FORM:
NOTICE OF ADVERSE CLAIM
I, _________________, after having been sworn
according to law, hereby declare:

43

1. I have a legitimate claim adverse to the

registered owner, arising subsequent to the
date of the original registration and for
which no provision other than Section 70 of
P.D. 1529 may be invoked for registering the
same, affecting that certain real property
covered by OCT No. ____________, in the
name of _____________and more particularly
described as follows:
( DESCRIPTION OF PROPERTY)
2. My adverse claim consists of certain rights
and interests in the above-described
property, which are specifically set forth as
follows:
3. My residence and postal address is at
_______, to which all notices directed to me
may be served.
WHEREFORE, I hereby petition the Register of
Deeds to register my above adverse claim in the
manner provided by law, and forthwith to demand
the immediate surrender of the owners duplicate of
the above-mentioned certificate of title pursuant to
Section 72 of Act No. 496.
_______________, Philippines.

ADVERSE CLAIMANT
( NOTARIAL OATH)

44

15. PETITION TO CANCEL ADVERSE CLAIM:

SAMPLE FORM:
Republic of the Philippines
REGIONAL TRIAL COURT
7th JUDICIAL REGION
Branch__
Cebu City
PETITIONER

Vs.
RESPONDENT
X---------------------------------------/
PETITION TO CANCEL ADVERSE CLAIM
PETITIONER, by counsel, to this Court, states:
1. Petitioner is of legal age, Filipino, and with
residence at___________, while respondent is also
of legal age, Filipino, and with residence
at____________.
2. Petitioner is the absolute owner of a parcel of
land situated in Cebu City with an area of

45

_____and covered under TCT No._____, which is

more particularly described as follows:
3. On ______, respondent registered a Notice of
Adverse Claim on said TCT No.____, alleging in
the affidavit of adverse claim that he bought the
land from a certain Juan de la Cruz and saying
that he could not secure a title because the
seller lost his owners TCT.
4. The adverse claim is spurious and the alleged
seller is fictitious, as investigation revealed
there was no such person named Juan de la
Cruz at the given address indicated and
petitioners copy of the TCT is intact and is not
lost.
5. The registration of the said adverse claim is
intended to harass the plaintiff and to
unreasonably burden the land in question and
done in bad faith, which caused plaintiff
damages of P500,000.000 plus attorneys fees
of P100,000.00, which should be adjuded
against the respondent.
WHEREFORE, petitioner prays that the notice of adverse
claim in TCT No.____ be ordered cancelled and declared
void and that respondent be ordered to pay the amount
of damages above-stated.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

46

16. THIRD PARTY CLAIM OVER PROPERTY LEVIED BY

SHERIFF
REFERENCE:
SEC. 16. Proceedings where property claimed by third person.
If the property levied on is claimed by any person other than the
judgment obligor or his agent, and such person makes an affidavit
of his title thereto or right to the possession thereof, stating the
grounds of such right or title, and serves the same upon the officer
making the levy and a copy thereof upon the judgment obligee,
the officer shall not be bound to keep the property, unless such
judgment obligee, on demand of the officer, files a bond approved
by the court to indemnify the third-party claimant in a sum not
less than the value of the property levied on. In case of
disagreement as to such value, the same shall be determined by
the court issuing the writ of execution. No claim for damages for
the taking or keeping of the property may be enforced against the
bond unless the action therefor is filed within one hundred twenty
(120) days from the date of the filing of the bond.
The officer shall not be liable for damages for the taking or
keeping of the property, to any third-party claimant if such bond is
filed. Nothing herein contained shall prevent such claimant or any
third person from vindicating his claim to the property in a
separate action, or prevent the judgment obligee from claiming
damages in the same or a separate action against a third-party
claimant who filed a frivolous or plainly spurious claim.
When the writ of execution is issued in favor of the Republic of
the Philippines, or any officer duly representing it, the filing of
such bond shall not be required, and in case the sheriff or levying
officer is sued for damages as a result of the levy, he shall be
represented by the Solicitor General and if held liable therefor, the
actual damages adjudged by the court shall be paid by the
National Treasurer out of such funds as may be appropriated for
the purpose. (17a)

SAMPLE DOCUMENT:

47

REPUBLIC OF THE PHILIPPINES)

City of Cebu

AFFIDAVIT OF THIRD PARTY

CLAIMANT
I, ___________________________, of legal age,
single/married, and a resident of
_____________________, being first sworn to in
accordance with law, depose and state:
I am the true, lawful and absolute owner of
that certain property, now in the possession of
___________________, and presently being levied upon
and more particularly described as follows:
(description of property)
My title to the above-described property is
evidenced by a Deed of Sale executed in my favor
by _____________under date of _________, 199__, a copy
of which is attached .
The value of the above described property is
P_______________;
I hereby claim said property as my own, being
entitled to its ownership and possession.
I execute this affidavit in order to make known
my claim pursuant to Section__, Section 39 of Rule
39 of the Rules of Court.

Cebu City, __________________, 2004.

48

Signature of Affiant

JURAT