Thursday, September 29, 2016

Notarial Cancellation of the Contract to Sell




January 18, 2015


MAGANDA B AKOH
No. 123 May Bukas Pa Road,
Barangay Bagong Buhay,
City of Mandaluyong


NOTARIAL CANCELLATION OF CONTRACT TO SELL

Dear Ms. Akoh:

This refers to the house and lot that you purchased from Carmela Homes, Inc per Contract to Sell dated 21 June 2012 located No. 123 May Bukas Pa Road, Barangay Bagong Buhay, City of Mandaluyong, and covered by Transfer Certificate of Title No. 05-1234567 of the Registry of Deeds of Mandaluyong City.

As of December 31, 2014, your outstanding obligation amounted to ONE MILLION FIVE HUNDRED FIVE  THOUSAND PESOS (1,505,000.00).  Despite written demands and the lapsed of the grace period provided by law, your past due obligation with Carmela Homes, Inc. remains unpaid.

In view thereof, please be informed that your rights under the aforesaid Contract To Sell is hereby cancelled effective Thirty (30) days from receipt of this notice.

Very truly yours,


ATTY. DIWATA NG BAHAGHARI
Head, Legal Department


JURAT
SUBSCRIBED AND SWORN to, before me, in City of Mandaluyong, this 20th day of January 2005, after the affiant exhibited to me her TIN No. 118-618-1228 issued on 25 January 1992, at Mandaluyong  City.


                                                                             NOTARY PUBLIC
Doc. No.  _____;
Page No. _____;
Book No.  _____;
Series of 2015.


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ACKNOWLEDGMENT


Received by:    _______________________________________

Date          :         _______________________________________



Notice to Vacate After Redemption Period

This is a sample Notice to Vacate sent after the foreclosure proceeding has been held and redemption period is lapsed.  This is one of the jurisdictional requirements in filing Writ of Possession should the occupant refused to vacate the property subject of foreclosure after notice.

(Date)                                      

_______________________________
_______________________________
_______________________________


RE:    NOTICE TO VACATE THE LAND AND ITS IMPROVEMENTS COVERED BY TCT NO. __________


Dear Mr./ Ms/Mrs. ______________:

We would like to reiterate our previous advisory to you that the redemption period for your mortgaged property identified as _______________________, with an area of ____________________________ (_____ sq.m.), located at _______________________________ and covered by Transfer Certificate of Title No. __________________ has already expired and the ownership and title to the same have already been transferred in favor of _________________________________________.

In this regard, may we request you and all persons residing therein to vacate said property and transfer the possession thereof to _________________ within fifteen (15) days from receipt of this letter.

For any inquiries, you may call ___________________.


Very Truly Yours,


________________________

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ACKNOWLEDGMENT


Received by:    _______________________________________

Date          :         _______________________________________


Wednesday, September 28, 2016

Deed of Sale of Motor Vehicle

This is only a sample Deed of Absolute Sale format involving sale of personal property.  It could be subject to modifications to suit the purpose/s of its execution and requirements of the parties.  It is advisable that before an execution of any legal document, one must seek legal advice or assistance from a Lawyer.

Legal Notes:

Sale - By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent.

A contract of sale may be absolute or conditional. (Article 1458, Civil Code of the Philippines)


DEED OF ABSOLUTE SALE OF MOTOR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:
       This Deed of Absolute Sale, made and entered this ____ day of ________, 2015, in Makati City, Metro Manila, by and between:

__________________________________________________, of legal age, Filipino, single/married/widow/widower to ________________, and with residence and postal address at _____________________________, hereinafter referred to as the “SELLER”;

and

___________________________________________________, of legal age, Filipino, married, with residence and postal address at __________________________________, hereinafter referred to as the “BUYER”.

WITNESSETH: THAT

WHEREAS, the SELLER is the lawful and registered owner of a motor vehicle particularly described as follows:

MAKE

MOTOR NO.

SERIAL/CHASSIS NO.

TYPE OF BODY

YEAR MODEL

PLATE NO.

ORCR No.



WHEREAS, the BUYER is willing to buy the said motor vehicle on “AS-IS-WHERE-IS” condition.

NOW THEREFORE, For and in consideration  of the sum of  ______________________________only (Php____________________),  the receipt whereof is hereby acknowledged , do hereby  SELL, TRANSFER, CONVEY and DELIVER,  by way of  ABSOLUTE SALE,  unto  said ______________, their heirs, assigns and successors- in-interest the above described motor vehicle;

FURTHER, the SELLER hereby warrants his/her 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 parties have hereunto signed this DEED OF ABSOLUTE SALE on the date and place first above mentioned.


_____________________________
Seller
TIN No:______________________





______________________________
Buyer
TIN No:____________________



Signed in the presence of:


________________________            __________________________



ACKNOWLEDGEMENT

Republic of the Philippines)
___________, Metro Manila ) S.S.

BEFORE ME, a Notary Public for and in ____________________, Metro Manila, personally appeared the following and presented their respective Government Identification Cards:

Name
Government Issued ID
Date and Place of Issue










known to me to be the same persons who executed the foregoing document of DEED OF ABSOLUTE SALE  of MOTOR VEHICLE  and they acknowledged to me that they executed the same as their free and voluntary act and deed.

I HEREBY CERTIFY that the foregoing document consists of ____________ pages including this page, and that the parties and their witnesses signed their names on each page of this instrument.

 IN WITNESS WHEREOF, I have hereunto set may hand and affixed my notarial seal this ____ day of ____________ 20___.

                                                                        NOTARY PUBLIC


Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 20___.

Tuesday, September 27, 2016

Compromise Agreement



This is only a sample of COMPROMISE AGREEMENT format.  It could be subject to modifications to suit the purpose/s of its execution and requirements of the parties.  It is advisable that before an execution of any legal document, one must seek legal advice or assistance from a Lawyer.

Legal Notes:
A compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced. (Article 2028, Civil Code of the Philippines)




REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 143, City of Manila


ILOVEFIL INC.
                                      Plaintiff;

-versus-                                                     CIVIL CASE NO. 13-122870
                                                                    For Sum of Money

DIWATA ACOH
                                      Defendant.
x-------------------------------------x



COMPROMISE AGREEMENT

 
KNOW ALL MEN BY THESE PRESENTS:

This Compromise of Agreement is executed this 14th day of February 2015   in City of Manila, by and between:


ILOVEFIL INC. (ILOVEFIL), is a domestic corporation registered with Securities and Exchange Commission, and with principal office address at 111 Mabuhay Avenue, Barangay 123, City of Manila, represented by ATTY. BINIBINI C. MAGANDA Head, Legal Department pursuant to the resolution issued by its Board of Directors dated 24 October 2014, (copy of which is hereto attached as Annex “A” and made an integral part of this Compromise Agreement), and hereinafter referred to as the “FIRST PARTY”;

and

DIWATA B. ACOH, of legal age, married, with residence and postal address at No. 118 Diamond Road, Global City hereinafter referred to as the “SECOND PARTY”;


 WITNESSETH: THAT

WHEREAS, the FIRST PARTY is the Plaintiff in Civil Case No. 13-122870, entitled "ILOVEFIL, INC. versus DIWATA B. ACOH”, pending in the Regional Trial Court of City of Manila, Branch 143,  hereinafter referred to as the "Pending Case";
WHEREAS, all the parties are desirous of settling amicably the Pending Case in order to avoid inconvenience and costly litigation;
NOW, THEREFORE, in consideration of the foregoing premises, the parties hereby undertake as follows:
1.      The SECOND PARTY shall pay the FIRST PARTY the unpaid balance of the Loan amounting to Eight Hundred Eight  Thousand Pesos (Php808,000.00) and the interest amounting to Two Hundred Two Thousand Pesos (P202,000.00), or the aggregate amount of One Million Ten Thousand Pesos (P1,010,000.00);

2.      The SECOND PARTY shall deliver on or before 30 March 2015 to the FIRST PARTY the Ten (10) post dated checks (PDCs) in the amount of 101,000.00 each, payable to the FIRST PARTY (ILOVEFIL, INC).  Each check must be dated every 30th day of the month beginning 30 March 2015 and the succeeding 9 months thereafter;

3.      In case of delay and/or default in funding the check on said dates, the whole obligation becomes due and demandable without further notice from the FIRST PARTY

4.      All other claims and counterclaims not included in this Agreement shall be deemed waived;

5.      This agreement shall not in any way be construed as an admission on the part of any party of any fault, negligence or liability, of whatever kind and nature, in connection with the Pending Case; and

6.      In case of material breach of the terms and conditions of this agreement, the innocent party is hereby authorized to apply for a Writ of Execution in the Pending Case for the purpose of compelling compliance with the terms and conditions of this agreement.

IN WITNESS WHEREOF, the parties have hereunto set their hand at the place and on the date written above.

First Party
ILOVEFIL, INC

by:


____________________________
ATTY. BINIBINI C. MAGANDA

Second Party


______________________
DIWATA B. ACOH

Witnessed By:


__________________________   __________________________


ACKNOWLEDGEMENT

BEFORE ME, a Notary Public for and in City of Manila, personally appeared the following and presented their Government Identification Cards:

1.           ATTY. BINIBINI C. MAGANDA
LTO Driver’s License ID No. N02-18-073109
Quezon City
Valid until 12/28/2016

2.           DIWATA B. ACOH
Driver’s License ID No. N02-09-123456
Quezon City
Valid until 11/13/2015



and they acknowledged to me that they are the same persons who executed the foregoing instrument, consisting of 4 pages, including this page; that ATTY. BINIBINI C MAGANDA is duly authorized to appear in behalf of ILOVEFIL, INC and DIWATA B ACOH, in his personal capacity as Defendant in the aforecited case; and that they executed the foregoing instrument as their own free and voluntary act and deed, in behalf of the said Principal and for herself, respectively.


                                                                   NOTARY PUBLIC

         
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2015.


Authority To Sell Property



This is only a sample Authority to Sell format.  It could be subject to modifications to suit the purpose/s of its execution and requirements of the parties.  It is advisable that before an execution of any legal document, one must seek legal advice or assistance from a Lawyer.

An Authority to Sell  is executed when granting a right to a  person (an agent) to find a buyer for a property. The agent is not permitted to enter into an agreement for sale.  The agent is allowed to market the property for sale and is entitled to compensation for finding a buyer.  (http://www.investorwords.com/)




AUTHORITY TO SELL


 
        THIS IS TO AUTHORIZE _______________________, of legal age, single/married, a resident of _______________________________________________, to do and perform any and all of the following acts:
        
TO OFFER THE SALE of particular house and lot located at ___________________________________________, more particularly described in Original Certificate of Title/Transfer Certificate of Title No. ___________________, registered in the name of the undersigned under the following terms and conditions:

Terms
Particulars
Contract Price
____________
Total Area
____________
Capital Gains and Documentary Stamp Taxes and Registration of Sale
____________
Commission of 3% of the Brokers for Successful transaction
_____________
-      Clean Title (no encumbrance or lien)
-      With Approved Building Permit, Occupancy Permit, Locational Clearance, Business Permit (if any and applicable)
-      Updated Real Property Tax Payment


-      Due Diligence on the account of the Buyer

       
        This authority shall become effective only from ________until _____________________, subject for renewal in writing after the said date.



________________________
Owner/Seller/Attorney-In-Fact
Address
Contact Nos. ______________________


Conformity:


____________________
REB No. ____________


Witness:

__________________________                    __________________________


JURAT

SUBSCRIBED AND SWORN to before me, this _____ day of _____ 20___ in the Municipality/City of ______, affiant exhibiting before me her (Government-Issued Identification Card No. ________)  issued at ____________ on __________.

Doc. No. ___ ;
Page No. ___;
Book No. ____;
Series of _____.