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MEMORANDUM OF AGREEMENT

This Memorandum of Agreement entered into by and among:

(A) HEIRS OF GREGORIO DIHAYCO:

1. RIZALDY EGOT DIHAYCO,


2. MARIA BELEN CAYA DIHAYCO,
3. ROMEO DIHAYCO DAÑO,
4. FLORIDA DIHAYCO CAPISTRANO,
5. ANGELINA VILLANUEVA PAZA, and
6. FLORENTINO ESTANDARTE EYAS, JR.,

all of legal age, Filipinos, and with residence at Punta Engaño, Lapu-Lapu
City, except ANGELINA VILLANUEVA PAZA who is a resident of Apas,
Cebu City, hereinafter collectively referred to as the “FIRST PARTY”;

(B) MARCIALITO EYAS, of legal age, Filipino, and with residence at


Punta Engaño, Lapu-Lapu City, hereinafter referred to as the “SECOND
PARTY”; and

(C) ATTY. JOSEPH RANDI C. TORREGOSA and ATTY. CHEVROLIE E.


MAGLASANG-ISOTO, both of legal age, Filipinos, and with office
address at Suite 210, 2nd Floor, The Walk, Cebu I.T. Park, Lahug, Cebu City,
hereinafter collectively referred to as the ‘‘THIRD PARTY;

WITNESSETH THAT:

1. The FIRST PARTY are surviving heirs of the late Gregorio


Dihayco, who is the true and lawful owner of a piece of land denominated
as Lot No. 5092-A, with an area of Fifty Eight Thousand Two Hundred
Eight (58,208) square meters, which is a portion of Lot No. 5092 with an
area of One Hundred Sixteen Thousand Four Hundred Sixteen (116,416)
square meters and covered by Decree No. 609450, located at Punta Engaño,
Lapu-Lapu City;

2. The FIRST PARTY have already filed a Petition for Declaration


of Heirship, docketed as SP. Proc. No. R-LLP-18-00249-SP, now pending
before the Regional Trial Court, Branch 27, Lapu-Lapu City, Philippines,
with the end in view of recovering or claiming their respective interests,
shares, and participation in the above-mentioned subject Lot No. 5092-A.
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3. In order to protect their interest in the case, the FIRST PARTY
and SECOND PARTY have engaged the services of the THIRD PARTY as
their counsel of record.

4. In consideration for the THIRD PARTY’s professional services,


the FIRST PARTY and the SECOND PARTY hereby undertake to pay the
THIRD PARTY, by way of acceptance fee, the amount of ONE
HUNDRED THOUSAND (Php100,000.00) PESOS, and THREE
THOUSAND (Php3,000.00) PESOS by way of appearance fee, as well as
THREE HUNDRED (Php300.00) PESOS per page for every major
pleading filed, including Judicial Affidavits, but excluding the Petition.
In addition, and by way of contingency fee, they undertake to convey in
total and absolute ownership to the THIRD PARTY a 2,000 square meter
portion of the subject lot or its monetary equivalent, in the event they are
able to successfully recover the subject lot.

5. The SECOND PARTY hereby undertake to advance the amount


of Php100,000.00 in payment for the THIRD PARTY’s acceptance fees, the
appearance fee of Php3,000.00 per hearing, and such other amounts as may
be incurred incidental to or necessary for the effective defense in the case.
In consideration for the SECOND PARTY’s advancing the expenses of
litigation, the FIRST PARTY, hereby undertake to convey to the SECOND
PARTY a one thousand (1,000) square meter portion in the subject lot or its
monetary equivalent, as they may recover as a result of the case.

IN WITNESS WHEREOF, the parties have affixed their signatures


this ___ day of April 2019, in the City of Cebu, Philippines.

RIZALDY EGOT DIHAYCO


COMELEC Voter’s ID No.
2415-0022A-B0165RED10000-9

MARIA BELEN CAYA DIHAYCO


COMELEC Voter’s ID No.
2227-0048B-E3062MCD20000-9

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ROMEO DIHAYCO DAÑO
Barangay Tanod ID No. 02-98 issued by the
Department of Interior and Local Government

FLORIDA DIHAYCO CAPISTRANO


Social Security System (SSS) ID No.
06-2687014-8

ANGELINA VILLANUEVA PAZA


Senior Citizen ID No. 91105 issued by the
Office for Senior Citizens Affairs, Cebu City

FLORENTINO ESTANDARTE EYAS, JR.


Online Police Clearance Card ID No. LLC1184603
issued by the Lapu-Lapu City Police Office

MARCIALITO EYAS
LTO Driver’s License No. G11-05-000960
Valid until 2022/07/02

ATTY. JOSEPH RANDI C. TORREGOSA


IBP Membership Card with Roll No. 40466

ATTY. CHEVROLIE E. MAGLASANG-ISOTO


IBP Membership Card with Roll No. 57425
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ACKNOWLEDGMENT

BEFORE ME personally appeared the foregoing persons, whose


identity is established by their respective government ID’s indicated below
their names and who acknowledged that the above Memorandum of
Agreement was voluntarily executed by them and declared that they
executed the foregoing instrument as their free and voluntary act.

WITNESS MY HAND AND SEAL, this ____ day of April 2019 at


Cebu City, Philippines.

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2019.

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