Sample Deed of Donation

This is only a sample DEED OF DONATION 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:

Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.

When a person gives to another a thing or right on account of the latter's merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given, there is also a donation.

(Article 725-726, Civil Code of the Philippines)

DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Donation is made and executed by and between:

________________________, single/married to ________________ and with residence and postal address at ___________________________________, and hereinafter referred to as the “DONOR”;

- and –

________________________, single/married to _______________________, Filipino, and with residence and postal address at ___________________________________,  herein referred to as the “DONEE”.

WITNESSETH, THAT:

1. The DONOR is registered owner of a parcel of land located at ______________________________, with area of more or less _______sq.m. and covered by TCT No. ___________ of the Registry of Deeds of ____________, and  more particularly described as follows:

(please indicate the technical description here)

2. The DONEE is the nephew of the DONOR, who has been the latter’s dedicated and unselfish companion and personal caregiver for the last ten (10) years;

3. FOR AND IN CONSIDERATION of the all the unselfish help, trust, fidelity, and affection shown by the DONEE to the DONOR, and as an act of gratitude and liberality on her part, the DONOR hereby voluntarily GIVES, TRANSFERS, and CONVEYS by way of donation, unto the DONEE, her heirs, assigns, and successors-in-interest, the above described realty, together with all the improvements found thereon, free from all liens, encumbrances and charges of whatever kind;

4. The DONOR affirms that this donation is not made with intent to defraud her creditors, and that she has sufficient funds and property reserved for herself and her legal obligations;

5. The DONEE hereby accepts and receives this donation made in her favor by the DONOR, and hereby manifests his gratefulness for the latter’s generosity and liberality.

IN WITNESS WHEREOF, we have hereunto set our hands this ____day of _____________  2015, in the ________________________, Philippines.

____________________

DONOR

With My Acceptance:

____________________

DONEE

Signed in the Presence of:

___________________                             _________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

______________________) Sc.

BEFORE ME, a Notary Public, for and in the ___________________, 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 DEED OF DONATION with DONEE’s acceptance 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 3 pages including this page, and that the parties and their witnesses signed their names on each page of this instrument.

WITNESS MY HAND AND NOTARIAL SEAL on this day of _________, 2015 in ___________.

                                                                                                                                                            NOTARY PUBLIC

Doc. No.   _______

Page No.   _______

Book No.  ________

Series of 2015.

Sample Affidavit of Loss (Driver's License)

Republic of the Philippines)                                       Quezon City                        ) Sc.

AFFIDAVIT OF LOSS 

            I,         JUAN P. DELA CRUZ, Filipino, of legal age, single and with residence and postal address at Unit 105 Silver Place Townhouse,  Mango Circle, Quezon City, after having been duly sworn to in accordance with law, hereby depose and state that:

1.      Sometime in December 18, 2012, I was looking for my Driver’s License;

2.    I have looked everywhere to find my Driver’s License but it was nowhere to be found;

3.      Diligent efforts to locate the same was exerted but it proved futile; 

    4.     I am executing this affidavit to attest to the truthfulness of the foregoing facts and for what legal intents and purposes it may serve.

AFFIANT FURTHER SAYETH NAUGHT.

 JUAN P. DELA CRUZ

   Affiant                       

                                                

IN WITNESS WHEREOF, I have hereunto set my hand this 23^rd day of December 2014 at Quezon, City, Philippines.

                                                  JUAN P. DELA CRUZ

                        Affiant

JURAT

SUBSCRIBED AND SWORN to before me this 23^rd day of December 2014, affiant personally appeared and exhibited to me his Philippine Passport No. EB-1234567 issued on July 16, 2012 in Manila, Philippines.

NOTARY PUBLIC

Doc.  No.: _____;

Page No.: _____;

Book No.: _____;

Series of 20_____.

SAMPLE FORMAL ENTRY OF APPEARANCE

REPUBLIC OF THE PHILIPPINES

4^th Judicial Region

REGIONAL TRIAL COURT

Branch 38

 Biñan, Laguna

AAA

Plaintiff,
	Civil Case No. B-9678
-versus-
	For: NULLITY OF MORTGAGE AND FORECLOSURE
BBB,
Defendant.

x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

FORMAL ENTRY OF APPEARANCE FOR BBB (DEFENDANT)

The DEFENDANT, by and through the undersigned counsel and unto this Honorable Court, most respectfully avers that:

1.                  Due to heavy workload on other equally important cases, counsel on record, Atty. LLL hereto delegates this case to the undersigned counsel, Atty. MMM;

2.                  The undersigned counsel now represents the Defendant BBB.  Hence, it is requested that all notices, pleadings orders, decision and other processes of this Honorable Court in the case at bar be furnished at the same address herein stated.

P R A Y E R

          WHEREFORE, premises considered, it is most respectfully prayed that the formal entry of appearance of the undersigned counsel for the Defendant be noted.

          Other reliefs that are just and equitable are also likewise prayed for.

RESPECTFULLY SUBMITTED.

Makati City for City of Biñan, Laguna, 18 June 2014.

By:

ATTY. MMM

123 Strawberry St., Caramel Village, Makati City

Contact No. 02-8118990

IBP No. 9111189 / 01-15-2014 / Makati City

PTR No. 8212135 / 01-15-2014/ Makati City

Roll of Attorney’s No. 80527

MCLE Compliance No. V-0054010

Copy Furnished:

PPP, QQQ, & ASSOCIATES

Atty. PPP

Counsel for the Plaintiffs

Suite 109, Butternut Tower

Sansrival Village, Alabang

Muntinlupa City

RENVOI OF CASE RECORDS

            “Basically, a case once raffled to a branch belongs to that branch unless reraffled or otherwise transferred to another branch in accordance with established procedure. When the Presiding Judge of that branch to which a case has been raffled or assigned is transferred to another station, he leaves behind all the cases he tried with the branch to which they belong. He does not take these cases with him even if he tried them and the same were submitted to him for decision. The judge who takes over this branch inherits all these cases and assumes full responsibility for them. He may decide them as they are his cases, unless any of the parties moves that his case be decided by the judge who substantially heard the evidence and before whom the case was submitted for decision. If a party therefore so desires, he may simply address his request or motion to the incumbent Presiding Judge who shall then endorse the request to the Office of the Court Administrator so that the latter may in turn endorse the matter to the judge who substantially heard the evidence and before whom the case was submitted for decision.

This will avoid the "renvoir" of records and the possibility of an irritant between the judges concerned, as one may question the authority of the other to transfer the case to the former.” (People of the Philippines vs. Ocfemia, G.R. No. 185383, September 25, 2013.)

CARP AND ZONING ORDINANCE

LAND ALREADY RE-CLASSIFIED UNDER THE ZONING ORDINANCE IS NOT COVERED BY THE CARP 

“Lands already classified and identified as commercial, industrial or residential before June 15, 1988 -- the date of effectivity of the Comprehensive Agrarian Reform Law (CARL) -- are outside the coverage of this law.  Therefore, they no longer need any conversion clearance from the Department of Agrarian Reform (DAR).” (Junio vs. Garilao, G.R. No. 147146.  July 29, 2005).

                  “Lands previously converted by government agencies, other than DAR, to non-agricultural uses prior to the effectivity of the CARL (Comprehensive Agrarian Reform Law) were outside the coverage of that law.” (Natalia Realty v. Department of Agrarian Reform, 225 SCRA 278, August 12, 1993.

                  “To be exempt from CARP, all that is needed is one valid reclassification of the land from agricultural to non-agricultural by a duly authorized government agency before June 15, 1988, when the CARL took effect.” (Buklod nang Magbubukid sa Lupaing Ramos, Inc. v. E.M. Ramos and Sons, Inc. G.R. Nos. 131481 & 131624, March 16, 2011)

SAMPLE WRIT OF POSSESSION

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT

Branch ____

Makati City

IN RE:  PETITION FOR ISSUANCE OF WRIT OF POSSESSION OVER REAL PROPERTY COVERED BY TRANSFER CERTIFICATE     OF     TITLE    NO. 100-201367890   OF THE REGISTRY OF DEEDS FOR MAKATI CITY
	LRC Case No. _____________
AAA,                                    Petitioner.

x------------------------------------x

                                               

EX-PARTE PETITION

FOR ISSUANCE OF WRIT OF POSSESSION

COMES NOW the Petitioner, by and through the undersigned counsel, and unto this Honorable Court, respectfully alleges that;

1.      The Petitioner, AAA, of legal age, Filipino and a resident of Block 11 Lot 12, Chocolate Village, Makati City, where it may be served with court processes;

2.      SPS XXX and YYY, both Filipino, of legal age and with residence at No. 143 Lovingly Avenue, Barangay Kalayaan, Makati City, obtained a loan from the Petitioner  in the amount of THREE MILLION PESOS (Php 3,000,000.00);

          3.      To secure the prompt payment of the said loan, SPS XXX and YYY executed a Real Estate Mortgage in favor of the Petitioner over a parcel of land together with all the improvements thereon, identified as Lot 39 Block 5 of the subd. Plan Pcs-20-000123, situated in Barangay Kalayaan, Makati City, covered then by Transfer Certificate of Title No. T-123456 issued by the Registry of Deeds for Makati City, a copy of the aforesaid Real Estate Mortgage dated 18 January 2008 is hereto attached and made an  integral part hereon as Annex “A; 

4.      The said borrowers/mortgagors failed to pay the aforesaid loan pursuant to the terms of the loan agreement), and notwithstanding demands for payment, they failed and refused to pay the Petitioner the aforesaid loan, which became past due;

5.      As a consequence of the failure and refusal of the said borrowers/mortgagors  to pay their past due loan, the Petitioner instituted an extra-judicial foreclosure proceeding against the Real Estate Mortgage and caused the sale at public auction pursuant to Act No. 3135, as amended, of the aforesaid mortgaged property, which was sold to the herein Petitioner as the highest bidder, and subsequently the corresponding Certificate of Sale was issued  in  its favor, a copy  of said  Certificate  of Sale dated 19 October 2011, is here on attached as Annex ”B”;

          6.      The said Certificate of Sale (Annex “B”) was duly registered with the Registry of Deeds for Makati City on 13 November 2011;

          7.      The said borrowers/mortgagors failed to redeem the property within the redemption period or within one (1) year from the date of the registration of the Certificate of Sale; hence, the Petitioner, consolidated its ownership of the subject property by executing and filing with the Registry of Deeds for Makati City an Affidavit of Consolidation of Ownership dated 18 December 2012, a copy of which is hereto attached as Annex “C”;

          8.      Consequently, Transfer Certificate of Title No. T-123456 covering the subject property in the name of the borrowers/mortgagors was cancelled and in lieu thereof, Transfer Certificate of Title No. 100-201367890 in the name of the herein Petitioner was issued by the Registry of Deeds for Makati City on 14 February 2013, a copy of the said TCT No. 100-201367890 is hereto attached as Annex “D”;

9.      That in a Letter dated 18 June 2013, demand was made upon the said borrowers/mortgagors SPS XXX and YYY to vacate the subject property and to turn over actual possession thereof to the herein Petitioner, but said spouses failed and refused to comply with the said demand to the prejudice of the Petitioner, a copy of the demand letter is hereto attached as Annex “ E ”;

         

10.    The Honorable Court has the power and authority, upon ex-parte application of the Petitioner, as purchaser and owner of the aforesaid property, to issue a writ of possession to give the Petitioner actual possession thereof;

          11.    In the case of Nagtalon vs. United Coconut Planters Bank, G.R. No. 172504, July 31, 2013 the Supreme Court held:

“We have long recognized the rule that once title to the property has been consolidated in the buyer’s name upon failure of the mortgagor to redeem the property within the one-year redemption period, the writ of possession becomes a matter of right belonging to the buyer. Consequently, the buyer can demand possession of the property at anytime. Its right to possession has then ripened into the right of a confirmed absolute owner and the issuance of the writ becomes a ministerial function that does not admit of the exercise of the court’s discretion.”

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that a Writ of Possession be issued directing the Sheriff of the Honorable Court  to place the herein Petitioner in actual possession of the said foreclosed real property identified as Lot 39 Block 5 of the subd. Plan Pcs-20-000123, situated in Barangay Kalayaan, Makati City, together with all the   improvements  existing  thereon, covered previously by  Transfer Certificate of Title No. T-123456, now by Transfer Certificate of Title No. 100-201367890 in the name of the Petitioner, and to eject therefrom the borrowers/mortgagors SPS XXX and YYY and/or all persons occupying the same and claiming rights under them or under their authority.

         

          Other reliefs just and equitable under the  premises  are likewise being prayed for.

          RESPECTFULLY SUBMITTED. Makati City, 10 October 2014.

ATTY. MMM

123 Hope St., Caramel Village, Makati City

Contact No. 02-8118990

IBP No. 9111189 / 01-15-2014 / Makati City

PTR No. 8212135 / 01-15-2014/ Makati City

Roll of Attorney’s No. 80527

MCLE Compliance No. V-0054010

Republic of the Philippines )

Makati  City                               ) S.S.

VERIFICATION WITH CERTIFICATION OF

NON-FORUM SHOPPING

          I, AAA, of legal age, married and with office and postal address at Block 11 Lot 12, Chocolate Village, Makati City, after having been duly sworn to in accordance with law do hereby depose and state that:

                                     

1.                I am the Petitioner in the above-entitled case;

2.                I have caused the preparation of the foregoing Petition and that the allegations therein are true and correct of my own personal knowledge based on authentic documents on record;

3.                I have not heretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency as are raised in this case;

4.                To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or agency; and

5.                If I should thereafter be aware or learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or any other tribunal or agency, I will undertake to report this fact within five (5) days there from to this Court.

AAA Affiant

JURAT

SUBSCRIBED AND SWORN to before me this ____________________, affiant, personally appeared and  exhibited to me his LTO Driver’s License No. N02-12-123456 issued on 18 June 2014 in Quezon City, Philippines.

NOTARY PUBLIC                            

                                                                            

Doc. No. _____;

Page No. _____;

Book No._____;

Series of 2014.

WRIT OF POSSESSION

After the redemption period, the buyer in a foreclosure sale becomes the absolute owner of the property purchased if it is not redeemed.  As such, he is entitled to the possession of the property and can demand it at any time following the consolidation of ownership in his name and the issuance to him of a new transfer certificate of title.

However, the buyer can in fact demand possession of the land even during the redemption period except that he has to post a bond in accordance with Section 7 of Act No. 3135, As Amended. No such bond is required after the redemption period if the property is not redeemed. Possession of the land then becomes an absolute right of the purchaser as confirmed owner. Upon proper application and proof of title, the issuance of the writ of possession becomes a ministerial duty of the Court. (Edralin v. Philippine Veterans Bank, G.R. No. 168523, March 9, 2011, 645 SCRA 75, 85-86).

Exceptions to the rule that the issuance of a writ of possession is a ministerial function of the court:

1) Gross inadequacy of purchase price;

2) Third party claiming right adverse to debtor/mortgagor; and

3) Failure to pay the surplus proceeds of the sale to mortgagor. 

(Nagtalon v. United Coconut Planters Bank, G.R. No 172504, 31 July 2013,).

Requisites for filing Petition for Writ of Possession

ü  Petition for Writ of Possession (see sample Petition for Writ of Possession)

ü  Real Estate Mortgage Agreement

ü  Certificate of Sale

ü  Affidavit of Consolidation of Ownership

ü  New Transfer Certificate of Title in the name of the Mortgagee

ü  Demand letter to turn-over possession of the subject property to the Mortgagee

References:

1.      Section 7, Act 3135, as Amended by Act 4118

2.      G.R. No. 168523, March 9, 2011

3.      G.R. No 172504, 31 July 2013