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DEED OF EXTRAJUDICIAL PARTITION WITH ABOSLUTE SALE AND SPECIAL

POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

This instrument is made and entered into by and between the following:

CARMEN C. CATARATA, widow, of legal age, Filipino, and a resident of Manga,


Poblacion 8, Dumaguete City, Negros Oriental, Philippines, hereinafter referred to as
HEIR-VENDOR-PRINCIPAL;

MA. JOSEPHINE FLORES PALTINGCA, widow and MA. ELVIRA FLORES married
to Ulysses Bracero, all of legal age, Filipinos, and residents of Buñao, and Cervantes,
Dumaguete City, respectively, all in Negros Oriental, Philippines, hereinafter referred to as
HEIRS-VENDORS;

MA. SOCORRO FLORES, single, of legal age, Filipino, and a resident of Cervantes,
Dumaguete City, Negros Oriental, Philippines, hereinafter referred to as HEIR-VENDEE;
and

JOEMAR HAYOMA, married to Sharon Jayoma, of legal age, Filipino and a resident
of Dumaguete City, Negros Oriental, Philippines, hereinafter referred to as VENDEE;

WITNESSETH:

WHEREAS, the above-named parties are the co-owners of that certain parcel of
land known as Lot No. 3354-F-3, Psd-________________, containing an area of Nine
Hundred Thirty-Two (932) square meters, more or less, and is particularly described as
follows:

LOT NO. 3354-F-3, PSD-__________________


(covered by Transfer Certificate of Title No. 20041)

“A parcel of land Lot No. 3354-F-3, Psd-07-084205, being a portion


of Lot No. 3354-F, situated in the Barangay of Bagacay, City of Dumaguete
Province of Negros Oriental, Island of Negros. Bounded on
__________________________________________________________________
__________________________________________________________________
Containing an area of NINE HUDNRED THIRTY-TWO (932) SQUARE
METERS, more or less.”

WHEREAS, one-half (1/2) portion of the aforesaid parcel of land, adjudicated to


Crispina Merced, equivalent to Four Hundred Sixty-Six (466) Square Meters, more or less,
is subject to an adverse claim in favor of Gardelio K. Cornelio by virtue of a Notice of
Adverse Claim otherwise known as Doc. No. 284; Page No. 57; Book No. XXXVIII; Series
of 2011 of the notarial register of Notary Public Elizur V. Umbac in Dumaguete City;

WHEREAS, it is to the convenience and advantage of the said parties that the
existing community of ownership of the remaining half portion equivalent to Four
Hundred Sixty-Six (466) Square Meters, more or less, between them be terminated, and
their respective shares and participation determined by mutual agreement and
adjudication;

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WHEREAS, for purposes of this partition agreement, the above parties have
mutually and voluntarily agreed to partition and adjudicate between themselves their
common property as above-described and hereto have caused the subdivision of the
aforementioned parcel of land into four (4) lots, in the following manner:

LOT NO. 3354-F-3-A (containing an area of 233 sq.m.) to CARMEN C.


CATARATA;
LOT NO. 3354-F-3-B (containing an area of 77 sq.m., more or less) to MA.
JOSEPHINE FLORES PALTINGCA;
LOT NO. 3354-F-3-C (containing an area of 77 sq.m., more or less) to MA.
SOCORRO FLORES; and
LOT NO. 3354-F-3-D (containing an area of 77 sq.m., more or less) to MA. ELVIRA
FLORES;

WITNESSETH FURTHER:

WHEREAS, for and in consideration of the sum of FIFTY THOUSAND PESOS


(PhP50,000.00), in Philippine Currency, receipt in full of which is hereby acknowledged,
herein HEIR-VENDOR-PRINCIPAL, Carmen C. Catarata, by these presents hereby SELL,
CEDE, TRANSFER, and CONVEY, free from all liens and encumbrances whatsoever, unto
herein VENDEE, Joemar Hayoma, his heirs and assigns a portion of Lot No. 3354-F-3-A
consisting an area of FIFTY (50) SQUARE METERS, more or less, together with the
improvements standing thereon;

WHEREAS, for and in consideration of the sum of FORTY THOUSAND PESOS


(PhP40,000.00), in Philippine Currency, receipt in full of which is hereby acknowledged,
herein HEIRS-VENDORS, MA. JOSEPHINE FLORES PALTINGCA and MA. ELVIRA FLORES,
by these presents hereby SELL, CEDE, TRANSFER, and CONVEY, free from all liens and
encumbrances whatsoever, unto herein HEIR-VENDEE, MA. SOCORRO FLORES, her heirs
and assigns Lot No. 3354-F-3-B & D consisting an area of SEVENTY-SEVEN (77) SQUARE
METERS, more or less, each, together with the improvements standing thereon;

WHEREAS, the parties have entered this agreement freely, voluntarily and by their
own free will and that they fully understand all the legal consequences of this particular
deed of conveyance;

WHEREAS, written notices hereof have been served to the adjoining lot owners
pursuant to the provisions of Articles 1620 to 1623 of the New Civil Code of the Philippines
and that they are not interested to exercise their right of pre-emption.

FURTHER WITNESSETH:

WHEREAS, I, CARMEN C. CATARATA, widow, of legal age, Filipino, and a resident


of Manga, Poblacion 8, Dumaguete City, Negros Oriental, Philippines, have named,
constituted and appointed and by these presents do name, constitute and appoint MA.
JOSEPHINE FLORES PALTINGCA, married, of legal age, Filipino and a resident of Buñao,
Dumaguete City, Negros Oriental, Philippines, as my true and lawful attorney-in-fact for
me and in my name, place and stead and for my own use and benefit, to do any and all
of the following acts and things, to wit:

To file a petition for issuance of new owner’s duplicate copy of title covering Lot
No. 3354-F-3, situated at Bagacay, Dumaguete City, Negros Oriental, Philippines, before
the Regional Trial Court of Negros Oriental; To sign the verification and certification of
non-forum shopping and any other pleadings relative thereto; To represent me in the
whole proceedings including the preliminary conference and pre-trial and exercise all the
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power of the pre-trial; To simplify the issues of the case; To amend the pleadings, which
my attorney-in-fact may deem proper; To stipulate or admit certain facts or documents;
To limit the number of witnesses; To agree to rendering judgment on the pleadings or
summary judgment, or dismissal of the action on valid grounds; To agree to suspending
the proceedings; and To agree to such other matters as may aid in the prompt disposition
of the action.

GIVING AND GRANTING unto my said attorney-in-fact full power and authority
to do and perform all and every act and thing whatsoever requisite and necessary to be
done in and about the premises with full power of substitution and revocation, hereby
ratifying and confirming all that my said attorney-in-fact or her substitute will lawfully do
or cause to be done by virtue of these presents.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures
this _________________ at Dumaguete City, Philippines.

CARMEN C. CATARATA MA. JOSEPHINE FLORES PALTINGCA


Heir-Vendor-Principal Heir-Vendor
TIN NO. 949-845-405 ID NO. _______________________

MA. ELVIRA FLORES MA. SOCORRO FLORES


Heir-Vendor Heir-Vendor
ID NO. _______________________ ID NO. _______________________

JOEMAR HAYOMA
Vendee
ID NO. ________________________

Signed in the presence of:

________________________ _______________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF DUMAGUETE ..……...)S.S.

BEFORE ME, this _____________, at Dumaguete City, personally appeared the


foregoing parties who exhibited to me their respective Valid Identification Cards as
Competent Evidence of their Identities, described below their names as above-stated, all
known to me to be the same persons who executed the foregoing instrument consisting of
three (3) pages including this page wherein the acknowledgment is written, signed by the
parties and their witnesses on each and every page hereof they acknowledged to me that
the same is done according to their free act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-
written.
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2018.
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