EXTRA-JUDICIAL SETTLEMENT OF REAL ESTATE WITH WAIVER AND RENUNCIATION OF RIGHTS (Sample)

EXTRA-JUDICIAL SETTLEMENT OF REAL ESTATE
WITH WAIVER AND RENUNCIATION OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

            WHEREAS, CECILIA LAUREL-SALAZAR, died intestate at Brgy. Poblacion 4, Talisay, Batangas on February 13, 2000 leaving no will nor debts settled to date but leaving three (3) parcels of land situated at Brgy. Miranda, Talisay, Batangas;

            WHEREAS, at the time of her death, she left as forced heirs, the following and to wit:

  1. JUANITO L. SALAZAR, married, of legal age, Filipino citizen and a resident of Brgy. Poblacion 4, Talisay, Batangas;

  1. MILAGROS L. SALAZAR, single, of legal age, Filipino citizen and a resident of Brgy. Poblacion 4, Talisay, Batangas;

  1. HERMOGENES L. SALAZAR, married to Ma. Teresa Lacanlale, of legal age, Filipino citizen and a resident of Brgy. Poblacion 4, Talisay, Batangas;

WHEREAS, they are all her legal heirs by reason of the fact that they are all her legitimate children and who are supposed to inherit by way of intestate succession;

WHEREAS, at the time of her death, she left three (3) parcels of land together with improvement thereon and more particularly described and bounded as follows:

“A parcel of residential land situated at Brgy. Miranda, Talisay, Batangas containing an area of Four Hundred Twenty Nine (429) Square Meters, more or less; bounded on the North by Willie Revillame; on the East by Bo. Road; on the South by Pedro Laurel; and on the West by Coco Martin; covered by Tax Declaration No. 014-01724 of the Assessor’s Office of Talisay, Batangas with an assessed value of P18,020.00”

“A parcel of agricultural land situated at Brgy. Miranda, Talisay, Batangas containing an area of Three Thousand Five Hundred Seventy Two (3,572) Square Meters, more or less; bounded on the North by Piolo Pascual; on the East by Sharon Cuneta; on the South by Benigno Aquino; and on the West by Charo Santos; covered by Tax Declaration No. 014-02417 of the Assessor’s Office of Talisay, Batangas with an assessed value of P16,780.00”

“ A portion on a parcel of agricultural land situated at Brgy. Miranda, Talisay, Batangas containing an area of One Thousand Five Hundred (1,500) Square Meters, more or less; bounded on the North by Mitche Mae Rojas; on the East by Bo. Road; on the South by Camille Rojas; and on the West by Bignay River; covered by Tax Declaration No. 013-02013 of the Assessor’s Office of Talisay, Batangas with assessed value of P7,050.00”

WHEREAS, in view of the above facts and circumstances, we are therefore co-owners and to terminate co-ownership over the same, we hereby adjudicate over the same in pro-indiviso sharing pursuant to Section 1, Rule 74 of the Rules of Court of the Philippines, subject to the liabilities imposed by Section 4, of the same Rule;


WAIVER OF RIGHTS

            WHEREAS, I, JUANITO L. SALAZAR (whose personal circumstances is mentioned above) have agreed and covenanted to CEDE, TRANSFER and CONVEY unto my co-heirs MILAGROS L. SALAZAR and HERMOGENES L. SALAZAR (whose personal circumstances are mentioned above), their heirs and assigns the full ownership and possession of the above-described properties.

            NOW, THEREFORE, for and in consideration of the foregoing premises, I waived and renounced, as by these presents I hereby WAIVE and RENOUNCE my share, right and participation over the above-described properties.

            That the above-described properties has not yet been registered under Act 496 nor under the Spanish Mortgage Law and that the herein parties do hereby agree to register this instrument under the provision of Act 3344, as amended.

            IN WITNESS WHEREOF, we have hereunto set our hands, this____day of ___________, 2020 at City of Tanauan, Batangas, Philippines.



JUANITO L. SALAZAR      MILAGROS SALAZAR       HERMOGENES SALAZAR



SIGNED IN THE PRESENCE OF:

1. __________________________                            2. ____________________________


REPUBLIC OF THE PHILIPPINES )
CITY OF TANAUAN                      : S.S.
PROVINCE OF BATANGAS          )

            BEFORE ME, a Notary Public for and in the City above-stated, this ____day of __________, 2020 appeared the following persons with their Community Tax Certificate Nos. and to wit:

            Name                             CTC No.         Date of Issue                Place of Issue
Juanito L. Salazar                    15181724        January 25, 2000         Talisay, Batangas
Milagros L. Salazar                 15181725        January 25, 2000         Talisay, Batangas
Hermogenes Salazar               15181726        January 25, 2000         Talisay, Batangas

and claim to me that they are the very same persons who executed the foregoing instrument and acknowledge to before me that the same are their free act and voluntary deed.

I HEREBY CERTIFY that this instrument which pertains to an Extra-Judicial Settlement of Real Estate with Waiver and Renunciation of Rights consist of two (2) pages including this page have been signed by the parties and their two (2) instrumental witnesses on the left hand margin of each of the first and second page and on the top of their typewritten names of each of the second page.

            WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.

Doc. No. _______
Page No. _______
Book No. _______
Series of 2020
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