REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: This AGREEMENT entered into by and between: JASON G. JOANINO, of legal age, Filipino citizens, with residence at Buguias, Benguet, herein referred to as the FIRST PARTY; -and-
AMINA K. ORINGO, of legal age, Filipino Citizen with residence at New Lucban, Baguio City, Philippines, herein referred to as the SECOND PARTY;
WITNESSETH: WHEREAS, the FIRST PARTY is the registered owner of that TEN WHEELER TRUCK bearing plate number AYI-223, while the SECOND PARTY is a businesswoman duly authorized to haul scrap materials from the Benguet Corporation, Balatoc, Itogon, Benguet; WHEREAS, the SECOND PARTY hereby leased from the FIRST PARTY the aforementioned truck to haul scrap materials owned by Benguet Corporation from the Balatoc Mines starting on December 13, 2013 up to June 20, 2014, and the latter on the other hand agreed to lease out the same to the former; WHEREAS, this agreement was entered into freely and voluntarily by and between the parties and they shall faithfully and religiously comply with the terms hereof.
IN WITNESS WHEREOF, parties herein affixed their signatures this 4 2013 in the City of Baguio, Philippines.
JASON G. JOANINO
th
AMINA K. ORINGO
day of December
SIGNED IN THE PRESENCE OF: SHAWEE OPENA
AFRILHAN L. LAGLAG
ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES } DONE: IN THE CITY OF BAGUIO } S.S. X ======================= X BEFORE ME, a Notary Public in and for the City of Baguio, this 4 th day of December, 2013 personally appeared JASON G. JOANINO and AMINA K. ORINGO, who have satisfactorily proven to me their identity through their Passport No. ZZ923456 valid until December 25, 2014 and Professional Driver’s License No. BO090384, respectively, that they are the same persons who executed and voluntarily signed the foregoing which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (2) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses. WITNESS MY HAND AND SEAL on the date and at the place first above-written.
Doc. No. 47 Page No. 10 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
COMPROMISE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: This COMPROMISE AGREEMENT executed by and among: , all of legal ages, married, with postal JOSE M. LADIA, LAURO P. LADIA, ABELARDO P. LADIA address at LADIA AND SONS LAW OFFICES, 7F Citylight Tower, Bonifacio Rd., Baguio City, herein represented by ABELARDO P. LADIA by virtue of a Special Power of Attorney executed on 25 April 1994, and hereinafter referred to as the FIRST PARTIES; -and-
BAGUIO METROPOLITAN DOCTORS, INC., doing business under the name and style as PINES METROPOLITAN MEDICAL CENTER, a corporation duly organized and existing under Philippine laws, with business address at No. 3 Camdas, Baguio City, herein represented by its Medical Director, MANOLITO D. MORAN, M.D., hereinafter referred to as the SECOND PARTY; -and-
DRA. MUTYA B. YUSON, DR. ANGELITO P. BATANG-AMA, DRA. ANNA C. MANALASTAS with business address at PINES METROPOLITAN MEDICAL CENTER , No. 3 Camdas, Baguio City, hereinafter referred to as the THIRD PARTIES;
WITNESSETH: WHEREAS, the FIRST PARTIES are the plaintiffs in Civil Case No. 95-9233, entitled “ABELARDO REY P. SUNTAY, et al., versus BAGUIO METROPOLITAN DOCTORS, INC, et al.," pending in the Regional Trial Court of Baguio City, Branch 6, hereinafter referred to as the "Pending Case"; WHEREAS the SECOND PARTY and THIRD PARTIES are the defendants in said Pending Case; WHEREAS, all the parties are desirous of settling amicably the Pending Case, which has been pending for almost eight (8) years, and thereby put to rest a long and costly litigation; NOW, THEREFORE, in consideration of the foregoing premises, the parties hereby undertake as follows: 1. The SECOND PARTY shall voluntarily undertake the following:
1.1. To make available to JOSE M. LADIA a private room at the Makati Medical Center which is appropriate and adequate, considering his present medical condition, including the continued use of the hospital bed he is now using and a sofa bed, all free of charge and for as long as he remains clinically alive and in need of medical attention; and, 1.2. To provide JOSE M. LADIA, likewise free of charge, medicine, drugs, life-support systems, medical equipment and other facilities, medical assistance, neurological treatment and other appropriate medical services from competent nurses, doctors or specialists – which may be advisable or necessary to maintain him in his present condition, including treatment of complications or illnesses of whatever kind or nature which may arise from said treatment or condition. 2. The THIRD PARTIES, individually, undertake to make available their expertise or services when and as needed by JOSE M. LADIA, upon request by the FIRST PARTIES or the SECOND PARTY: Provided, that, if for any reason whatsoever the THIRD PARTIES are unable to do so, they shall exert their best efforts to make available the services of a substitute doctor or specialist, likewise free of charge. 3. The parties agree to, and shall cause, the dismissal, with prejudice, of the Pending Case, including all claims and counterclaims therein, and agree not to file any similar case, whether civil, administrative or criminal, of any kind or nature whatsoever, arising from the same facts, incident, claim, cause or causes of action. 4. Except as provided in paragraphs 1 and 2 hereof, the parties hereby mutually, irrevocably, freely and voluntarily release and forever discharge one another, including the officers, directors, employees, stockholders, successors-in-interest of the SECOND PARTY and the heirs and assigns of the THIRD PARTIES, from any and all manner of action, causes of action, sum of money, damages, liability, responsibility, obligation, claims and demands whatsoever in law or equity, which they had, now have, or may have against each other, including, but not limited to, actual, moral, exemplary and all other damages or causes of action provided for under the law, if any, arising, directly or indirectly, from the facts and circumstances giving rise to, surrounding or arising from the complaint and/or counterclaims in the Pending Case , all of which claims or causes of action by these presents the parties hereby abandon and waive. 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. 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.
th
IN WITNESS WHEREOF, the parties have hereunto set their hands this 4 day of December, 2013 in the City of Baguio, Philippines.
FIRST PARTIES:
ABELARDO P. LADIA
MANOLITO D. MORAN, M.D.,
SECOND PARTY:
THIRD PARTIES:
DRA. MUTYA B. YUSON
DR. ANGELITO P. BATANG-AMA
DRA. ANNA C. MANALASTAS
SIGNED IN THE PRESENCE OF: ANTONINO T. AQUITANIA
WEINDIEL K. RAMOS
ACKNOW LEDGMENT REPUBLIC OF THE PHILIPPINES } DONE: IN THE CITY OF BAGUIO } S.S. X ======================= X
BEFORE ME, a Notary Public in and for the City of Baguio, this 4 th day of December, 2013, personally appeared ABELARDO P. LADIA, MANOLITO D. MORAN, M.D ., DRA. MUTYA B. YUSON, DR. ANGELITO P. BATANG-AMA, and DRA. ANNA C. MANALASTAS who exhibited to me their respective identification documents as appearing below their respective names and signatures, known to me as the same persons who executed and voluntarily signed the foregoing COMPROMISE AGREEMENT which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) pages, including the page on which this Acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEALon the date and at the place first above-written.
Doc. No. 48 Page No. 10 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
CONTRACT FOR PIECE OF WORK
KNOW ALL MEN BY THESE PRESENTS: This CONTRACT FOR PIECE OF WORK entered into by and between:
JOSEFA A. CAROLINA, of legal age, Filipino Citizen, with residence and postal address at Maria Pucay Road, Guisad, Baguio City, Philippines, and hereinafter referred to as the FIRST PARTY, -and-
DEMITRI T. SERRANO, of legal age, Filipino Citizen, with residence and postal address at A-18 Poblacion, La Trinidad, Benguet, Philippines, and herein referred to as the SECOND PARTY;
WITNESSETH: WHEREAS, the FIRST PARTY desires to engage the services of the SECOND PARTY to drill a DEEP WELL at MARIA PUCAY ROAD, GUISAD, BAGUIO CITY and the SECOND PARTY is willing to extend his services to the FIRST PARTY as desired under certain terms and conditions; NOW THEREFORE, the PARTIES have hereunto agreed, as they hereby agree, on the following stipulations for the foregoing purposes, to wit: A. SCOPE OF THE WORK The SECOND PARTY shall perform the following: a) Faithfully and completely furnish to the satisfaction of the FIRST PARTY all necessary labor, tools, supervision and management of the drilling project; b) Drill a borehole with a depth of at least TWO HUNDRED (200) feet and a diameter of not less than SIX (6) inches; c)
Install FOUR (4) inches (diameter) G.I./B.I. pipe casings and perforated/slotted casings;
d) Install a gravel pack on the annular space between the borehole wall and the casing; e) Develop the well by surging and bailing, cement grout the annular space between the borehole and the lining from the ground surface to FORTY (40) FEET below/downwards;
f)
Install the pump and its accessories; and
g) Clean the drilling site upon its completion and demobilize all equipment, tools and/or his personnel. The FIRST PARTY shall pay the total consideration in the amount of EIGHTY THOUSAND (Php.80, 000.00) PESOS which will cover for the following, to wit:
a) b) c)
FOUR (4) INCH DIAMETER G.I./B.I. PIPES: TWO (2) INCH DIAMETER G.I. PIPES: COSTS of LABOR.
B. MODE OF PAYMENT The FIRST PARTY agreed, as she hereby agrees, to pay to the SECOND PARTY FIFTY (50%) PERCENT of the EIGHTY THOUSAND (Php.80, 000.00) PESOS contract price upon execution of this contract which represents the partial payment and the other FIFTY (50%) PERCENT shall be paid upon the purchase of the above-mentioned pipes. But in no case shall the FIRST PARTY pay an amount in excess of EIGHTY THOUSAND (Php.80, 000.00) PESOS. Should the contract price of EIGHTY THOUSAND (Php.80, 000.00) PESOS would not suffice for the job contract; the SECOND PARTY hereby obliged himself to shoulder the amount in excess thereof.
C. WORK DURATION It is hereby agreed upon that the SECOND PARTY shall accomplish the drilling job within THIRTY (30) to SIXTY (60) DAYS.
IN WITNESS WHEREOF, parties herein affixed their signatures this 4th day of December 2013 in the City of Baguio, Philippines.
JOSEFA A. CAROLINA
DEMITRI T. SERRANO
SIGNED IN THE PRESENCE OF:
CAM A. SUTRA
KRIS T. YIN
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
ACKNOW LEDGMENT
BEFORE ME, a Notary Public in and for the City of Baguio, this 4th day of December 2013, personally appeared JOSEFA A. CAROLINA and DEMITRI T. SERRANO, who exhibited to me their respective identification documents their Passport No. ZD123456 valid until December 25, 2014 and Professional Driver’s License No. SO090384, respectively, appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing CONTRACT FOR PIECE OF WORKand which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL.
Doc. No. 49 Page No. 10 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF EMPLOYMENT entered into by and between:
P&G CONSULTING FINANCIAL, a sole proprietorship duly existing under Philippine Laws, with office address at 3/F Laperal Building, Session Road, Baguio City, herein represented by its sole proprietor MERLINE G. BAGAT, single, of legal age, Filipino Citizen, with residence and postal address at No. 34 Palma Road, Baguio City, Philippines hereinafter referred to as the EMPLOYER; -and-
SHAWEE AGONCILIO, single, of legal age, Filipino Citizen, with residence and postal address No. 10 Brookspoint, aurora Hill, Baguio City, hereinafter referred to as the EMPLOYEE.
WITNESSET H: WHEREAS, the EMPLOYER desires to engage the services of the EMPLOYEE as CONTRACTUAL EMPLOYEE at A &A PREMIERE FINANCINGand the EMPLOYEE is willing to accept, work and extend her services to the EMPLOYER as desired under the following terms and conditions, to wit: A. DESIGNATION: The Employee shall be hired as a CONTRACTUAL AUDITING ASSISTANT;
B. SALARY: The Employee shall be paid a monthly salary of TWENTY THOUSAND PESOS (Php 20,000.00);
C. CONTRACT DURATION: It is hereby agreed that the EMPLOYEE shall be hired as such for a period of ONE (1) YEAR which shall be renewable upon the mutual consent and agreement of the parties. Provided, however, that upon the expiration of this contract any extension of employment granted to the EMPLOYEE shall not be deemed as automatic renewal and instead should be covered by a separate contract; Provided, further, that any work extended by the EMPLOYEE after the expiration of this contract and with the consent of the EMPLOYER shall be paid PRO RATA;
D. TERMINATION OF CONTRACT: Either party may pre-terminate this contract, PROVIDED, that the party concerned shall serve written notice to the other of her intention to terminate the same at least ONE (1) MONTH prior to the intended termination. PROVIDED, further, that should the EMPLOYEE desire to terminate this
contract she shall surrender any document or accountability entrusted to her in relation to her employment. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 4th day of December 2013, in the City of Baguio, Philippines.
P&G CONSULTING FINANCIAL Employer
SHAWEE AGONCILIO Employee
Represented by:
MERLINE G. BAGAT Sole proprietor SIGNED IN THE PRESENCE OF:
PEARL F. SEA
KARINA C. KASAMSAMA
ACKNOW LEDGMENT REPUBLIC OF THE PHILIPPINES } DONE: IN THE CITY OF BAGUIO } S.S. X ======================= X BEFORE ME, a Notary Public in and for the City of Baguio, this 4th day of December 2013personally appeared SHAWEE AGONCILIO and MERLINE G. BAGAT , who have satisfactorily proven to me their identity through their Passport No. ZC123456 valid until December 25, 2014 and Professional Driver’s License No. GO090384, respectively, that they are the same persons who executed and voluntarily signed the foregoing which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (2) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses. WITNESS MY HAND AND SEAL on the date and at the place first above-written.
Doc. No. 50 Page No. 10 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570
IBP Lifetime Membership No. 999 MCLE Compliance No 9999 REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF EMPLOYMENT entered into by and between:
KNL PREMIERE FINANCING,a sole proprietorship duly existing under Philippine Laws, with office address at 3/F Laperal Building, Session Road, Baguio City, herein represented by its sole proprietor MARITA H. GO, single, of legal age, Filipino Citizen, with residence and postal address at No. 34 Palma Road, Baguio City, Philippines, and hereinafter referred to as the EMPLOYER; -and-
WILMAR L. IPAC, single, of legal age, Filipino Citizen, with residence and postal address No. 10 Ambiong Road, Aurora Hill, Baguio City, and hereinafter referred to as the EMPLOYEE.
WITNESSETH: WHEREAS, the EMPLOYER desires to engage the services of the EMPLOYEE as PERMANENT EMPLOYEE at KNL PREMIERE FINANCING and the EMPLOYEE is willing to accept, work and extend her services to the EMPLOYER as desired under the following terms and conditions, to wit: A. DESIGNATION: The Employee shall be hired as an AUDITOR;
B. SALARY: The Employee shall be paid a monthly salary of THIRTY THOUSAND PESOS (Php 30,000.00);
C. CONTRACT DURATION: It is hereby agreed that the EMPLOYEE shall be hired as such for a PERMANENT PERIOD; D. TERMINATION OF CONTRACT : Either party may pre-terminate this contract, PROVIDED, that the party concerned shall serve written notice to the other of his/her intention to terminate the same at least ONE (1) MONTH prior to the intended termination. PROVIDED, further, that should the EMPLOYEE
desire to terminate this contract he shall surrender any document or accountability entrusted to him in relation to his employment.
th
IN WITNESS WHEREOF, the parties have hereunto set their hands this 4 day of December 2013 in the City of Baguio, Philippines.
KNL PREMIERE FINANCING Employer
WILMAR L. IPAC Employee
MARITA H. GO Sole proprietor
SIGNED IN THE PRESENCE OF: PAULENE L. SOTTO
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
KATRINA H. MO
} } S.S.
ACKNOW LEDGMENT BEFORE ME, a Notary Public in and for the City of Baguio, this 4th day of December 2013, personally appeared MARITA H. GO and WILMAR L IPAC, who exhibited to me their respective identification documents their Passport No. ZZ823456 valid until December 25, 2014 and Professional Driver’s License No. AO098384, respectively, appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing CONTRACT OF EMPLOYMENT and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (2) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL.
Doc. No. 51 Page No. 11 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999
MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE entered into by and between:
CONCHITA J. HERNANDEZ, single, of legal age, Filipino Citizen, with residence and postal address at No. 64 Palma Road, Baguio City, Philippines, and hereinafter referred to as the LESSOR; -and-
JEFFREY I. OLIVAR, single, of legal age, Filipino Citizen, with residence and postal address No. 123 Ambiong Road, Aurora Hill, Baguio City, and hereinafter referred to as the LESSEE.
WITNESSETH: WHEREAS, the LESSOR is the lawful, absolute and registered owner of a residential house located ate No. 5/6 Genesis Point Village, Tuba, Benguet, Philippines, hereinafter referred to as the LEASED PREMISES; WHEREAS, LESSEE desires to lease the Leased premises and LESSOR is willing to lease the same unto the LESSEE, subject to the terms and conditions hereinafter specified: NOW, THEREFORE, for and in consideration of the forgoing and mutual covenant herein contained, LESSOR does hereby lease, rent, let and deliver by way of lease unto the LESSEE the leased premises, and the LESSEE hereby accepts the same, subject to the following terms and conditions:
1. TERMS. This lease shall be for a fixed period of ONE (1) YEAR commencing on February 1, 2013 and shall expire on February 1, 2013, renewable thereafter upon the mutual agreement of the parties. 2. RENTAL. The monthly rent for the leased premises shall be SEVENTEEN THOUSAND PESOS (P17, 000.00) to be paid by the lessee to the lessor within the first ten days of each and every month without the need of demand. 3. DEFAULT PAYMENT. In case of default by the LESSEE in the payment of the rent, such as when the checks are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in default of payment for one (1) month and may forfeit whatever rental deposit or advances have been given by the LESSEE.
4. SUB-LEASE. The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in whole or in part by any person, firm or corporation. Neither shall the LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S written approval. 5. APPLIANCES. The leased premises is furnished and provided with appliances. The Lessee shall be responsible for any and all repairs of appliances damaged through the lease period. 6. PUBLIC UTILITIES. The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association dues and other public services and utilities during the duration of the lease; 7. FORCE MAJEURE. If whole or any part of the leased premises shall be destroyed or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render the leased premises during the term substantially unfit for use and occupation of the LESSEE, then this lease contract may be terminated without compensation by the LESSOR or by the LESSEE by notice in writing to the other. 8. LESSOR'S RIGHT OF ENTRY. The LESSOR or its authorized agent shall after giving due notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE or its representative at any reasonable hour to examine the same or make repairs therein or for the operation and maintenance of the property, or to exhibit the leased premises to prospective LESSEE, or for any other lawful purposes which she may deem necessary. 9. EXPIRATION OF LEASE. At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all corresponding keys and in as good and tenable condition as the same is now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Noncompliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five Percent (25%) thereof as penalty until the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or termination for any reason whatsoever. 10. JUDICIAL RELIEF. Should any one of the parties herein be compelled to seek judicial relief against the other, the losing party shall pay an amount of One Hundred Percent (100%) of the amount claimed in the complaint as attorney's fees which shall in no case be less than P50, 000.00, in addition to other costs and damages which said party may be entitled to under the law. 11. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-ininterest and assigns.
th
IN WITNESS WHEREOF, parties herein affixed their signatures this 4 day of December 2013 in the City of Baguio, Philippines.
CONCHITA J. HERNANDEZ LESSOR
JEFFREY I. OLIVAR LESSEE
SIGNED IN THE PRESENCE OF: JOSE M.BAYOLA
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
WALLY P. MANALO
ACKNOW LEDGMENT } } S.S.
th BEFORE ME, a Notary Public in and for the City of Baguio, this 4 day of December 2013, personally appeared CONCHITA J. HERNANDEZ and JEFFREY I. OLIVAR, who exhibited to me their respective identification documents their Passport No. ZZ123459 valid until December 25, 2014 and Professional Driver’s License No. AO090389, respectively, appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing CONTRACT OF LEASE and which they acknowledged before me as their free and voluntary acts and deeds.
This instrument consisting of THREE (3) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL. Doc. No. 52 Page No. 11 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
CONTRACT OF SERVICES
KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF SERVICES executed by and between:
ENGR. SANTIAGO A. TIONGCO, SR., a licensed Geodetic Engineer in the Philippines, with office address at A-16 Poblacion, La Trinidad, Benguet, Philippines, and hereinafter referred to as the SURVEYOR, -and-
MOKI R. MOMOL, of legal age, Filipino Citizen, with residence and postal address at #322 Magsaysay Avenue, Baguio City, Philippines, and hereinafter referred to as the CLIENT.
WITNESSETH: WHEREAS, the CLIENT is the surviving heir of the late ANDRES B. MOMOL who is the owner of that parcel of land situated at Pico, La Trinidad, Benguet with an area of 29, 256 sq.m., more or less and more particularly described in PSU-252483; WHEREAS, the client desires to engage the services of the SURVEYOR and the latter is willing to accordingly extend his technical services to the CLIENT; NOW THEREFORE, the PARTIES have hereunto agreed, as they hereby agree, on the following stipulations for the foregoing purposes, to wit: SCOPE OF SURVEYOR’S SERVICES
Acting in the interest of the CLIENT, the SURVEYOR shall perform and conduct the following: a)
Re-establishment of lost monuments, if needed, of approved plan bearing number PSU-252483, ground survey, relocation, subdivision and other technical jobs necessary for the establishment of the boundaries;
b)
Preparation of (survey) plan indicating relative positions of adverse claimants based on technical descriptions as indicated in the documents, subject, however, to further review;
c)
Conduct site investigation and issue certifications, if needed, necessary for ongoing and future cases that arises from PSU-252483 concerning matters within the duration of this contract, if any;;
d)
Testify in court, if necessary and subject to minimal appearance fee, on the correctness and authenticity of the metes and bounds of the area covered by PSU-252843 and other cases incidental thereto, such as but not limited to the subdivision and amendment of the approved plan;;
e)
To coordinate with the lead counsel on matters requiring legal action or opinion;
f)
Provide technical advise, assist and help facilitate processes on matters regarding the release of the title or decree, provided that the surveyor will not guarantee, as he cannot guarantee, the release of the said title; and
g)
Perform any other tasks, included, incidental or inherent to the foregoing as maybe mutually agreed upon by both Parties.
REPONSIBILITIES OF THE CLIENT The CLIENT shall: a.
Furnish all pertinent documents for the proper accomplishment of the services of the SURVEYOR; and
b.
Ensure that all surveys are referred to the SURVEYOR, and all fees thereon fully paid and settled.
FEES FOR SERVICES The CLIENT bind himself to pay the SURVEYOR a professional’s fee in the amount of THIRTY THOUSAND (Php.30, 000.00) PESOS upon the execution of this contract. All services extended by the SURVEYOR during the subsistence of this contract shall be subject to fees to be agreed upon by the parties based on the current GEP Tariff and to be paid 50 % before the surveyor executes the said service and 50 % upon conveyance of the final output; and The CLIENT likewise agree and bind himself to segregate, by a proper Deed or Document, a 200 square meter portion of the parcel of land subject of this contract in favor of the SURVEYOR upon the signing of this contract on the further condition that the CLIENT has the option to choose the location from which the said portion shall be segregated; In connection with the 200 square meters portion mentioned above, the SURVEYOR has requested and the CLIENT has agreed that the proper Deed or Document to be executed upon the signing of this contract shall be in the name of one of the children of the SURVEYOR, who as the transferee of such portion is hereby authorized, including his heirs and assigns and the SURVEYOR himself to take possession and make or introduce any and all improvements on the portion mentioned above.
GUARANTEE CLAUSE The CLIENT hereby guarantees that he is duly authorized to represent the heirs of Andres Pengosro and/or enter into this contract. The SURVEYOR hereby guarantees that all services subject of this contract shall be duly executed and performed. Provided, however, that the SURVEYOR will not guarantee, as he cannot guarantee, the EXPIDITIOUS, IMMEDIATE and/or FAVORABLE APPROVAL by the proper authorities of said surveys, due to circumstances beyond the control of the SURVEYOR, such as but not limited to, protest by third person/s or third party/ies as the case may be;
TERMINATION OF THE CONTRACT
This contract shall remain in force and effect unless and until both Parties mutually agree in writing to terminate the terms abovementioned; provided however, that either party is furnished one (1) month notice prior to termination.
th
IN WITNESS WHEREOF, parties herein affixed their signatures this 4 day of December 2013 in the City of Baguio, Philippines.
MOKI R. MOMOL Client
ENGR. SANTIAGO A. TIONGCO, SR. Surveyor
SIGNED IN THE PRESENCE OF: ARA M. KASHMIR
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
KID L. LAT
} } S.S.
ACKNOWLEDGMENT th
BEFORE ME, a Notary Public in and for the City of Baguio, this 4 day of December 2013, personally appeared MOKI R. MOMOL and ENGR. SANTIAGO A. TIONGCO, SR., who exhibited to me their respective
identification documents their Passport No. ZZ423456 valid until December 25, 2014 and Professional Driver’s License No. AO094384, respectively, appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing CONTRACT OF SERVICES and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL. Doc. No. 53 Page No. 11 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
CONTRACT OF SUB-LEASE
KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF SUB-LEASE made and entered into by and between:
KIMBERLY J. TAN, of legal age, married, Filipino, with residence and postal address 68 Pacdal, Baguio City, Philippines, and hereinafter referred to as the SUB-LESSOR; -and-
MITCH C. VOUS , of legal age, married, Filipino and with residence and postal address at Tuding, Itogon, Benguet, Philippines, and hereinafter referred to as the SUB-LESSEE;
WITNESSETH: WHEREAS, the SUB-LESSOR is the LESSEE of that business establishment located at Abanao Extension, Baguio City; WHEREAS, the SUBLESSOR hereby SUBLEASES that aforementioned building owned by ANTON N. OTNA, including the FIVE (5) BILLIARD OR POOL TABLE therein, unto the SUBLESSEE; NOW THEREFORE, the parties have agreed on this contract under the following terms and conditions, to wit:
A.
TERM OF SUB-LEASE- TWO (2) YEARS which shall commence and be effective upon the signing of this contract and shall be renewable upon mutual consent of the parties;
B.
RENTAL- The SUB-LESSEE shall pay to the SUB-LESSOR for the use and occupancy of the said stall the st amount of THIRTY THOUSAND (P30, 000.00) PESOS per month payable on or before the 1 day of each calendar month during the entire duration of this contract. The SUB-LESSEE however shall deposit SIXTY THOUSAND (Php. 60,000.00) PESOS upon the singing of this document. The said deposit however, shall be applied to the last two months of this contract should the term be completed;
C.
SUB-LEASE- The SUB-LESSEE is not allowed under any circumstances to re-sublease the said portion;
D.
ADVANCE NOTICE TO VACATE - The SUB-LESSEE shall give the SUB-LESSOR thirty days written notice in advance of his intention to vacate the premises before the expiration of the term;
E.
MAINTENANCE-The SUB-LESSEE shall have the obligation to maintain in good condition the aforementioned billiard tables including the premises of the leased building. Provided, that any damages to the said billiard tables and the leased premises during the subsistence of this contract until its termination shall be for the account of the SUB-LESSEE and the latter shall be obliged to cause the repair of the damage, if any;
F.
IMPROVEMENTS- the SUB-LESSEE is allowed to introduce improvements in the said leased premises with the condition that it will not alter the purpose for which the said premises was leased and the SUB-LESSEE shall not remove any improvement introduced thereon after the termination of this contract;
G.
BREACH OR DEFAULT- Should the SUB-LESSEE violate any of the foregoing terms and conditions, the SUBLESSOR shall have the right to terminate and cancel this contract extra-judicially and the latter may then exclude the former from the premises and shall not be liable to reimburse the SIXTY THOUSAND (Php.60,000.00) PESOS DEPOSIT;
H.
MUNICIPAL SERVICES- the SUB-LESSEE shall be responsible for the payment of all municipal services, such as but not limited to, water and electrical bills, and that upon the termination of this contract she will surrender the leased premises free from all unpaid bills, whatsoever;
WHEREAS, this lease contract shall be binding to the PARTIES, their heirs and assigns and shall be faithfully complied with.
IN WITNESS WHEREOF, parties herein affixed their signatures this 4th day of December 2013 in the City of Baguio, Philippines. KIMBERLY J. TAN First Party
MITCH C. VOUS Second Party
SIGNED IN THE PRESENCE OF: JUAN I. UNO
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
TRUDES M. DIMAGUIBA
} } S.S.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public in and for the City of Baguio, this 4th day of December 2013, personally appeared KIMBERLY J. TAN and MITCH C. VOUS, who exhibited to me their respective identification
documents their Passport No. ZZ133456 valid until December 25, 2014 and Professional Driver’s License No. AO093384, respectively, appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing AGREEMENT and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (2) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL.
Doc. No. 54 Page No. 11 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES
DONE: IN THE CITY OF BAGUIO
} } S.S.
CONTRACT TO SELL KNOW ALL MEN BY THESE PRESENTS: This CONTRACT TO SELL, made and executed this 5th day of december 2013 by and between:
DARYLL L. LOBCHOY, of legal age, single/married to AARON K. ATIPEN, Filipino, and with residence and postal address at Aurora Hill, Baguio City, hereinafter referred to as the "SELLER/VENDOR"; -and-
BOGART B. WANASEN, Filipino and with residence and postal address at BALACBAC, Baguio City, hereinafter referred to as the "BUYER/VENDEE".
WITNESSET H:
WHEREAS, the SELLER/VENDOR is the absolute and registered owner of a parcel of land consisting of LAND AREA IN WORDS seven thousand square meters, more or less, located at Toybongan, Marcos High way and covered by Transfer Certificate of Title No. 43726489 issued by the Registry of Deeds of Baguio city WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER /VENDOR has agreed to sell the above mentioned property under the terms and conditions herein below set forth; NOW THEREFORE, for and in consideration of the total sum of One million pesos (Php:1, 000,000.00) Philippine Currency, and of the covenants herein after set forth the SELLER/VENDOR agrees to sell and the BUYER/VENDEE agrees to buy the aforesaid property subject to the following terms and conditions; 1. The total consideration shall be One Million (Php: 1,000,000.00) PESOS, Philippine Currency, payable as follows: a) The amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, representing earnest money shall be payable by the BUYER/VENDEE to theSELLER/VENDOR upon signing of this Contract to Sell; b) The remaining balance in the amount of SEVEN HUNDRED THOUSAND (Php: 700,000.00) PESOS, shall be paid in Cash on or before September 6, 2013. c) In case the check representing the payment for the balance provided in paragraph b hereof, is dishonored by the drawee bank, the earnest money in the amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, shall be forfeited in favor of the SELLER/VENDOR.
2.
Capital Gains Tax and Real Estate Tax, shall be for the account of the SELLER/VENDOR;
3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other miscellaneous fees and expenses shall be to the account of theBUYER/VENDEE; 4. Possession to the subject property shall be delivered by the SELLER/VENDOR to the BUYER/VENDEE upon full payment of the total consideration; 5. Upon full payment of the total price, the SELLER/VENDOR shall sign and execute a DEED OF ABSOLUTE SALE in favor of the BUYER/VENDEE. The SELLER/VENDOR shall likewise execute and/or deliver any and all documents, including but not limited to the srcinal copy of Transfer Certificate of Title, Tax Declaration and all other documents necessary for the transfer of ownership from SELLER/VENDOR to the BUYER/VENDEE.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this 5th day of December, 2013 at Baguio City, Philippines.
MARK M BILAGOT Vendor
JOANA C. BAUTISTA Vendee
SIGNED IN THE PRESENCE OF: JIMM Y. SAINT
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
MARIA O. SAWALI
} } S.S.
ACKNOW LEDGMENT
BEFORE ME, a Notary Public in and for the City of Baguio, this 5 th day of December 2013, personally appeared MARK M BILAGOT and JOANA C. BAUTISTA , who exhibited to me their respective identification documents their Passport No. ZZ123457 valid until December 25, 2014 and Professional Driver’s License No. AO090374, respectively, appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing CONTRACT TO SELL and which they acknowledged before me as their free and voluntary acts and deeds.
This instrument consisting of THREE (3) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL.
Doc. No. 55 Page No. 11 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
INDEMNITY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: WHEREAS, BERNARDO B. BERNARDO AND NENA K. RAMACULA , both died intestate leaving DENISE B. LAUREL, CLARITO R. BERNARDO and HEDILY B. CIUBAL as the only surviving heirs; THAT for the purpose of this contract the said deceased is being represented by one of their surviving heirs DENISE R. BERNARDO-LAUREL, of legal age, married, Filipino Citizen and with residence and postal address at North Sanitary Camp, Baguio City, Philippines; by virtue of that Special Power of Attorney executed by her co-heirs CLARITO R. BERNARDO and HEDILY B. CIUBAL, a copy of which is hereto attached for easy reference. WHEREAS, at the time of the respective deaths of the said deceased, they maintained the following BANK ACCOUNTS:
EQUITABLE PCI BANK MAGSAYSAY-BAGUIO CITY BRANCH ACCOUNT NUMBER 02-000B-00152-CTF-A 111-81584-5
AMOUNT P1, 925,475.70 P1, 076,913.96
ACCOUNT TYPE CTF-A PLI
EQUITABLE PCI BANK NEW STA. LUCIA EAST BRANCH ACCOUNT NUMBER 1292-06940-1
AMOUNT P14, 550.94
ACCOUNT TYPE
EQUITABLE PCI BANK ABANAO SQUARE MALL BAGUIO CITY BRANCH ACCOUNT NUMBER 1474-00778-9 1474-00752-5 5474-00045-3 02-0402-00307-ctf-b EPCIB FUND 00-0402-00016-ctf-k U.S. DOLLAR FUND
AMOUNT P21, 326.33 P10, 851.55 US$2,312.64 P499, 634.55
US$59,573.23
ACCOUNT TYPE PESO SAVINGS ACCOUNT PESO SAVINGS ACCOUNT DOLLAR SAVINGS ACCT
WHEREAS, the surviving heirs of the deceased desire to withdraw the proceeds from the aforementioned accounts. As such, DENISE R. BERNARDO-LAUREL has presented/submitted, among others, the srcinal copies of the respective Death Certificates; WHEREAS, pursuant thereto, the surviving heirs, through their representative and co-heir herein, hereby release, discharge and free and further undertake to indemnify, Equitable PCI BANK from any and all liabilities, claims, damages, or other causes of whatever nature that may now exist or hereafter exist, in connection with the release in their favor the deposits left by their deceased parents.
th
IN WITNESS WHEREOF, parties herein affixed their signatures this 5 day of December 2013 in the City of Baguio, Philippines. DENISE R. BERNARDO-LAUREL Representative Co-heir
MANUEL Q. QUIZON Bank Manager
SIGNED IN THE PRESENCE OF: MIRIAM J. TOGONOY
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
PRECIOUS S. QUIGAMAN
ACKNOW LEDGMENT } } S.S.
th BEFORE ME, a Notary Public in and for the City of Baguio, this 5 day of December 2013,
personally appeared DENISE R. BERNARDO-LAUREL and MANUEL Q. QUIZON, who exhibited to me their respective identification documents their Passport No. ZZ823456 valid until December 25, 2014 and Professional Driver’s License No. AO890384, respectively, appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing AGREEMENT and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (2) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 56 Page No. 12 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
PARTITION AGREEMENT OF A REGISTERED LAND WITH SIMULTANEOUS WAIVER
KNOW ALL MEN BY THESE PRESENTS: This PARTITION AGREEMENT OF A REGISTERED LAND WITH SIMULTANEOUS WAIVER entered into by and between:
ALBINA SMITH-ABELLERA, of legal age, widow, Filipino Citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines; FILOMINA SMITH-BULAHAO, of legal age, widow, Filipino Citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines; CARMEN SMITH-PABLO, of legal age, widow, Filipino Citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines; AUREA SMITH-MONTE, of legal age, married to Fidel Monte, Filipino Citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines; and, AIDA BAWAS-SMITH, of legal age, widow, Filipino Citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines.
WITNESSETH: WHEREAS, the above-mentioned parties are the co-owners of that parcel of land situated at Datakan, Kapangan, Benguet, Philippines, and covered by TCT No.T-1086 containing an area of FIVE (5) HECTARES by virtue of that Deed of Extrajudicial Settlement of Estate, which was entered in the Notarial Registry of Jose Velasco as Doc. No. 359; Page No. 23; Book No. I; Series of 1959, and more particularly described as follows:
Lot 1 Transfer Certificate of Title No. T-1086, Lot 1. Beginning at a point marked 1 on plan F-49403, N. 86-09’ E. 2680.24 m. more or less from B.L.L.M. No.1, Mpl. Dist. of Kapangan , Mt. Province, thence N. 48-43’ E. 62.05 m. to point 2; N. 67 -07’ E. 77.72 m. to point 3; N. 64 -43’ E. 53.70 m. to point 4; S. 46-22’ W. 98.84 m. to point 5; N. 89 -46’ W. 101.27 m. to point 1, point of beginning. With an area of 0.4629 hectare. Point 3 Old G.I.S. in a tree; point 4 Nail in tree; and the rest are B.L. Conc. Mons. Bounded on the North, by property of Severino Malitas and Public Land; on the Southeast and South, by Creek; and on the Northwest, by property of Sudimay.
Lot 2 Beginning at a point marked 1 on plan F-49403, N. 86- 24’ E. 2493.38 m. more or less from B.L.L.M. No. 1, Mpl. Dist. of Kapangan, Mt. Prov., thence N. 50- 37’ E. 95.96 m. to point 2; S. 50 06’ E. 51.70 m. to point 3; S. 46 -06’ E. 45.31 m. to point 4; S. 34 -48’ W. 107.07 m. to point 5; S. 5814’ W. 94.21 m. to point 6; N. 26 -53’ W. 119.52 m. to point 7; S. 81 -56’ W. 48.37 m. to point 8; N. 49-32’ W. 32.95 m. to point 9; N. 36-15’ E. 21.68 m. to point 10; N. 85-37’ E. 105.98 m. to point 1, point of beginning. Containing an a rea of 2.3318 hectares. Point 2, B.L. on Boulder; points 3,5,6 and 7, Nails in trees; Points 4, 8 and 9, B.L. on Rocks; and the rest are B. L. Conc. Mons. Bounded on the Northeast, by property of Tomas; on the Southeast, by creek; on the Northwest, by properties of Insas and Mariano Casio; and on the Northwest, by Creek.
Lot 3 Beginning at a point marked 1 on plan F-49403, N. 85- 27’ E. 2473.33 m. more or less from B.L.L.M. No. 1, Mpl. Of Kapangan, Mt. Province, thence N. 77- 08’ E. 222.88 m. to point 2; S. 57 17’ W. 182.42 m. to point 3; S. 80 -58’ W. 62.41 m. to point 4; N. 2 -06’ W. 58.81 m. to point 1, point of beginning. Containing an area of 0.8726 hectare. Points 1 and 2, Old B.L. Conc. Mons.; and the rest are B.L. Conc. Mons. Bounded on the North, by property of Severino Malitas; on the Southeast, by Creek; on the South, by property of Casio; and on the West, by property of Rosalia Vda. De Pacalso. Bearings true. Declination 1- 30’ E. Points ref erred to are marked on plan F49403, Sheet No. 1 Surveyed under authority of Sections 41-43 Act 2874 and in accordance with existing regulations of the Bureau of Lands, by Nemesio Albano, Jr. Surveyor, under the supervision of Gregorio L. Arizabal, Public Land Surveyor, on July 22-25, 1931 and approved on May 20, 1933.
Lot 4 Beginning at a point marked 1 on plan F-49403, N. 87- 22’ E. 2173.10 m. more or less from B.L.L.M. No. 1 Mpl. Dist. of Kapangan, Mt. Province, thence N. 66- 42’ W. 56.61 m. to point 2; N . 619’ E. 26.37 m. to point 3; N. 30-15’ W. 10. 52 m. to point 4; N. 51 -16’ E. 19.50 m. to point 5; S. 84-02’ E. 17.30 m. to point 6; N. 60 -16’ E. 36.25 m. to point 7; S. 29-05’ m. to point 8; N. 75-58’ E. 54.50 m. to point 9; S. 39-03’ W. 110.75 m. to po int 1, point of beginning. Containing an area of 0.5608 hectare. Point 9, Old X on Rock; and the rest are B.L. Conc. Mons. Bounded on the North by Properties of Da-aya, Sabelo and Insas; on the Southeast, by property of Locloc Serafino; on the Southwest, by property Locloc Serafino; and on the West, by properties of Bagtang and Daaya. Bearings True. Declination 1-30’ E. Points referred to are marked on plan F -49403, Sheet No. 2 Surveyed under authority of Sections 41-43 Act No. 2874 and in accordance with existing regulations of the Bureau of Lands, by Nemesio Albano, Jr. Surveyor, under the supervision of Gregorio L. Arizabal, Public Land Surveyor, on July 22-25, 1931 and approved on May 20, 1933.
Lot 5 Beginning at a point marked 1 on plan F-49403, S. 87- 13’ E. 1943.96 m. mo re or less from B.L.L.M. No. 1 Mpl. Dist. of Kapangan, thence S. 45- 32’ m. 9.07 m. to point 2; N. 21 -47’ E. 7.52 m. to point 3; N. 42-20’ W. 8.54 m. to point 4; N. 55-20’ W. 11.04 m. to point 5; S. 73-29’ W. 14.31 m. to point 6; N. 25-01’ W. 63.13 m. to point 7; N. 76-11’ E. 53.73 m. to point 8; S. 57 -07’ E. 43.90 m. to point 9; S. 10-26’ W. 15.14 m. to point 10; S. 29-35’ W. 33.59 m. to point 11; N. 80-74’ W. 6.24 m. to point 12; S. 20-46’ W. 13.11 m. to point 1, point of beginning. Co ntaining an area of 0.4355 hectare. Pointsnd 9, B.L. Conc. Mons.; and the rest are Old B.L. Conc. Mons. Bounded on the Northwest, by property of Tella; on the Southeast, by properties of Tella and Laoyan Baporo; on the Southwest, by property of Geraldo Pilpilic; and on the Northwest, by Public Land. Bearings True. Declination 0-21’ E. Points referred to are marked on Plan F -49403, Sheet No. 3. Surveyed under authority of sections 41-43 Act No. 2874 and in accordance with existing regulations of the Bureau of Lands, by Teodoro Salanga, Public Land Surveyor, on April 3,1935 and approved on May 4, 1937.
Lot 6 Beginning at a point marked 1 on plan 49403, S. 87- 14’ E. 2624.71 m. more or less from B.L.L.M. No. 1 Mpl. Dist. of Kapangan, thence S. 27- 59’ E. 95.19 m. to point 2; S. 34 -42’ E. 9.49 m. to point 3; S. 39-32’ w. 36.26 m. to point 4; N. 59 -38’ W. 26.85 m. to point 5; N. 15 -59’ W. 77.88 m. to point 6; N. 29-22’ E. 36.01 m. to point 1, point of beginning. Containing an area of 0. 3910 hectare. Point 4, B.L. on stone; point 5, Old X on Stone; Point 6, Old B.L. Conc. Mon.; and the rest are B.L. Conc. Mons. Bounded on the Northwest, Public Land; on the Southeast, by Public Land; on the Southwest, by property of of Locloc Serafino; and on the Northwest, by property of Vintiria. Bearing true. Declination 0- 21’ E. Points referred to are marked on plan F -49403, Sheet No. 4. Surveyed under the authority of Section 41-43 Act No. 2874 and in accordance with existing
regulations of the Bureau of Lands, by Ricardo R. Quilop, Jr. Surveyor, under the supervision of Gaudencio Fantony, Public Land Surveyor, on April 6, 1936 and approved on May 4, 1937.
WHEREAS, the parties have caused the subdivision of the above-described real property into SIX (6) lots as per Subdivision Plan 1230 and they have partitioned and adjudicated among themselves the said property and as indicated in Transfer Certificate of Title No. 1086 as follows: 1. LOT 1 and 2 with an area of 0.4629 HECTARES shall be adjudicated in favor of ALBINA SMITH-ABELLERA; 2. LOT 3 shall be adjudicated in favor of FILOMINA SMITH-BULAHAO; 3. LOT 4 shall be adjudicated in favor of CARMEN SMITH-PABLO; 4. LOT 5 shall be adjudicated in favor of AUREA SMITH-MONTE; 5. LOT 6 shall be adjudicated in favor of AIDA BAWAS-SMITH; WHEREAS, the copy of Transfer Certificate of Title No. 1086 is hereto attached and made as integral part hereof;
WHEREAS, the co-owner ALBINA SMITH-ABELLERA, for and in consideration of her love and affection to her children namely: JOSEPH S. ABELLERA, married to Emilia Dimot, BASILISA S. ABELLERA-KIANG, married to Rogelio Kiang, THEODORE S. ABELLERA, single, LEONARDO S. ABELLERA, Jr ., married to Remegia Bautista-Abellera, JOHNSON S. ABELLERA, married to Cynthia Cabradilla-Abellera and ZENAIDA S. ABELLERA, single, all of legal age, Filipino Citizens and all residents of La Trinidad, Benguet, Philippines, except THEODORE ABELLERA, who is a resident of Kapangan, Benguet, Philippines, do hereby WAIVE, as she hereby WAIVED, pro indiviso, all her rights, share and participation over the said parcel of land to her aforementioned children; WHEREAS, the parties hereby request, the Register of Deeds of Benguet to issue individual Titles in accordance with this partition agreement.
th
IN WITNESS WHEREOF, parties herein affixed their signatures this 5 day of December 2013 in the City of Baguio, Philippines.
ALBINA SMITH-ABELLERA Postal ID No. 6667786 Issued: 05/04/2011, Baguio City
FILOMINA SMITH-BULAHAO Postal ID No. 1206869 Issued: 07/12/2010, Baguio City
CARMEN SMITH-PABLO Postal ID No. 1203334 Issued: 05/04/2011, Baguio City
AUREA SMITH-MONTE Postal ID No. 1203555 Issued: 07/12/2010, Baguio City
AIDA BAWAS-SMITH Professional Driver’s License No. A03-01-1403327 Valid util May 14, 2014
SIGNED IN THE PRESENCE OF: TOM M. TAUS
KIKIM B. EREO
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
ACKNOWLEDGMENT } } S.S. th
BEFORE ME, a Notary Public in and for the City of Baguio, this 5 day of December 2013, personally appeared ALBINA SMITH-ABELLERA, FILOMINA SMITH-BULAHAO, CARMEN SMITH-PABLO, AUREA SMITHMONTE and MANUEL AIDA BAWAS-SMITH, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing PARTITION AGREEMENT OF A REGISTERED LAND WITH SIMULTANEOUS WAIVER and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of FOUR (4) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL. Doc. No. 57 Page No. 12 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
PARTITION AGREEMENT OF A REGISTERED LAND WITH SIMULTANEOUS WAIVER
KNOW ALL MEN BY THESE PRESENTS: This PARTITION AGREEMENT entered into by and betwe en:
ARTHUR P. BANASEN, of legal age, single, Filipino Citizen with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines and herein referred to as the FIRST PARTY; WILSON BANASEN, married to Sharon R. Banasen, both of legal age, Filipino Citizens and residents of Montecillo, Camp 7 Barangay, Baguio City, Philippines and herein referred to as the SECOND PARTY; -and-
AMOR B. SEGUNDO married to Ferdinand B. Segundo, both of legal age, Filipino Citizens and residents of Montecillo, Camp 7 Barangay, Baguio City, Philippines and herein referred to as the THIRD PARTY;
WITNESSETH: WHEREAS, by virtue of that DEED OF DONATION OF REGISTERED LOT entered in the notarial registry of SHIRLEY JANE MALAYA-NACHORas Doc. No. 85: Page No. 45: Book No. V: Series of 2012 dated June 14, 2012; the above-named PARTIES are the co-owners of that parcel of land situated at Montecillo, Camp 7 Barangay, Baguio City, Philippines containing an area of THREE HUNDRED AND SEVENTY NINE (379) SQUARE METERS covered by Transfer Certificate of Title No. T-18349 and more particularly described as follows, to wit:: TRANSFER CERTIFICATE OF TITLE No. T-18349 “A parcel of land (Lot 1-F-1-C, Psd-1-06520, being a portion of Lot 1-F-1, Psd-1-06067, L.R.C. REC No. _____) situated at Montecillo, Camp 7 Barangay, Baguio City, Island of Luzon, Philippines. Bounded on the SW., along line 1-2-3 by Lot 1-D, Psd-1-05141, on the W., N., NE., E, & S., along lines 3-4-5-6-7-8-1 by Lot 1-F-1-E, Psd-1-06520. Beginning at a point marked “1” on Lot 1-F-1-C, on plan being N. 37 deg., 48’ E., 1478.03 M. from Triangulation Sta. “CENTER”, Baguio City. Thence N. 16 deg., 57’ W., 19.99 m. to point 2; thence S. 77 deg., 11’ W., 9.82 m. to point 3; thence N. 8 deg., 51’ W., 14.05 m. to point 4; thence N. 74 deg. 19’ E., 10.95 m. to point 5; thence S., 42 deg., 10’ E., 8.72 m. to point 6, thence S. 22 deg., 24’ E., 22.50 m. to point 7l; thence S., 14 deg., 39’ E. , 4.35 m. to point 8; thence S., 74 deg., 47’ W., 8.8 m. to point of beginning, containing an area of THREE HUNDRED AND SEVENTY NINE (379) SQUARE METERS. All points referred to are indicated on the plan and are marked on the ground as follows: points 4,5,7 & 8 by P.S. Cyl. Conc. Mons. 15 x 60 cm., point 6 by X on stone and the rest by Old P.S. cyl. Conc. mons 15 x 60 cm. bearing true, date of srcinal survey on June 26-27, 1941; date of subdivision survey on July 3, 1982 and approved on Aug. 5, 1982.“ .
WHEREAS, the PARTIES herein caused the subdivision of the aforementioned parcel of land into THREE (3) lots; WHEREAS, by virtue of that Approved Consolidation Subdivision Plan of LOTS 1-F-C-1, 1-F-C-2, 1F-C-3 Psd-CAR-013970 bearing number Pcs-CAR-001126 as prepared for Arthur P. Banasen, et.al., the parties herein hereby Subdivide, Partition and Adjudicate amongthemselves the aforementioned parcel of land as follows, to wit: 1. Lot 1-F-C-1, Psd-CAR-013970 with an area of ONE HUNDRED SIXTEEN (116) SQUARE METERS shall be adjudicated in favor of AMOR B. SEGUNDO, THIRD PARTY herein. A copy of the Technical Description of Lot 1-F-C-1, Psd-CAR-013970 is hereto attached and made part hereof; 2. Lot 1-F-C-2, Psd-CAR-013970 with an area of ONE HUNDRED THIRTY SIX (136) SQUARE METERS, shall be adjudicated in favor of ARTHUR P. BANASEN the FIRST PARTY, herein. Copy of the Technical Description of i Lot 1-F-C-2, Psd-CAR-013970 is hereto attached and made part hereof; and 3. Lot 1-F-C-3, Psd-CAR-013970 with an area of ONE HUNDRED TWENTY SEVEN (127) SQUARE METERS, shall be adjudicated in favor of WILSON P. BANASEN the FIRST PARTY, herein. Copy of the Technical Description of i Lot 1-F-C-2, Psd-CAR-013970 is hereto attached and made part hereof.
WHEREAS, the parties hereto hereby request, the Registrar of Deeds of Benguet to issue individual Titles in accordance with this partition agreement and as per the Approved Consolidation Subdivision Plan of LOTS 1-F-C-1, 1-F-C-2, 1-F-C-3 Psd-CAR-013970 bearing number Pcs-CAR-001126 a copy of which is hereto attached for reference. WHEREAS, the above-described parcel of land is in the possession of the PARTIES herein;
th IN WITNESS WHEREOF, parties herein affixed their signatures this 5 day of December 2013 in the City of Baguio, Philippines.
ARTHUR P. BANASEN Postal ID No. 1222224 Issued: 05/04/2011, Baguio City
WILSON BANASEN Postal ID No. 1233567 Issued: 07/12/2010, Baguio City
AMOR B. SEGUNDO Professional Driver’s License No. A03-01-1333227 Valid util May 14, 2014
SIGNED IN THE PRESENCE OF: KAYE A. SANTOS
LUIGI O. MARIANO
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
ACKNOW LEDGMENT th
BEFORE ME, a Notary Public in and for the City of Baguio, this 5 day of December 2013, personally appeared ARTHUR P. BANASEN, WILSON BANASEN and AMOR B. SEGUNDO, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing PARTITION AGREEMENT and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL
Doc. No. 58 Page No. 12 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
CONTRACT OF LEASE (Commercial Space)
KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE is executed and entered into by and between:
GRETCHEN A. ALUNDAY, married to BRIAN SUAREZ, of legal age, Filipino citizen, with residence and postal address at Unit 2 Genesis Point Village, Irisan, Baguio City, hereinafter referred to as the LESSOR; -and-
ERWIN G. GACADAN , single, of legal age, Filipino citizen, with residence and postal address at Gibraltar Road, Baguio City, hereinafter referred to as the LESSEE.
WITNESSET H: PREMISES LEASED: The LESSOR shall allow the LESSEE to rent/lease the lower and/or basement portion of a Commercial Building located at Number 4 Jose Sumulong St., Baguio City. The basement portion has two (2) partitions with separate entries, viz: 1. One partition with ingress from the front gate/garage which is not included in the lease contract; 2. One partition with entry outside and adjacent the gate is the exact location of the leased premises. Beginning from the Northwest side along the main road fronting the gate until the interior portion Northeast to Southeast portion or specifically the left portion of the basement fronting the main gate is not included the lease. The LESSEE’S occupation is only and specifically outside the main gate’s perimeter or the right portion of the residential building’s basement situated at Southwest until the Southeast portion with reference point facing the residential building from the main road (Sumulong Street);
PERIOD OF CONTRACT, RENTAL, DEPOSIT, DUE DATE AND SURCHARGES: This contract of lease shall be binding and enforced for the period of one (1) year beginning from May 1, 2011 until April 30, 2012 provided however, that the LESSEE shall pay proportional rent for the period April 13, 2011 to April 30, 2011. The contract shall not be renewed after April 30, 2012. In case there is valid cause to pre-terminate this contract, the party pre-terminating the same shall give notice to the other at least a month prior to the effectivity of pre-termination.
The monthly rental shall be TWENTY THOUSAND PESOS (PhP20,000.00) payable every last day of the applicable month starting on May 31, 2011. The rental for the period April 13, 2011 to April 30, 2011 amounting to PhP12, 000.00 shall be paid not later than May 31, 2011. The LESSEE agrees that the deposit in the amount of TWENTY THOUSAND PESOS (PhP20,000.00)for the previous lease contract shall apply to this contract. The deposit shall be returned to the LESSOR one month after the expiration of this contract less whatever utility bills and damages incurred by the LESSOR. In the event that the LESSEE would be delayed in the financial obligation and the payment would only take effect on or before 10th of the succeeding month, a 10th surcharge is added to the th previous monthly rental dues. Another 10 surcharge would be meted the delayed payment if such would be concluded after the succeeding month’s ending.
TERMS AND CONDITIONS OF THE LEASE: 1. The LESSEE shall, at his sole exclusive account and responsibility, pay the electric and water bills pertaining to the leased premises; 2. The LESSEE shall not make any alteration, modification and/or change or in any manner introduced improvements or repair in the leased premises whether minor or major, temporary or permanent, unless otherwise with the written consent and approval of the LESSOR. The LESSEE is legally liable of any damages incurred in the alteration of the leased property and shall at her expense pay such damages.
be
Specifically for improvements of the rented premises negotiated to the LESSOR, expenses shall shouldered solely by the LESSEE as deem fit for its intended purposes. These improvements shall
in no way be destroyed and/or altered by the LESSEE should this contract be terminated with reason or due cause; 3. The LESSEE shall in no case sub-lease the rented premises; 4. The LESSEE shall be obligated to maintain sanitation in the premises and observe proper waste disposal of garbage; 5. The LESSEE is obliged to install anti-fire gadgets and/or fire extinguishers for fire prevention which shall not be taken away after the termination of the contract. The LESSEE shall strictly prohibit smoking in the rented premises; 6. Liquefied gas (LPG) for cooking purpose only is allowed for use. No ‘flammable” material of any kind whatsoever shall be used, stored or maintained by the LESSEE in the leased premises. th
IN WITNESS WHEREOF, the parties have hereunto set their hands this 5 day of December 2013 in the City of Baguio, Philippines.
GRETCHEN A. ALUNDAY Lessor
ERWIN G. GACADAN Lessee
SIGNED IN THE PRESENCE OF:
DOMINIQUE ALBAS
IRYBELLE M. DINGOASEN ACKNOW LEDGMENT
REPUBLIC OF THE PHILIPPINES} DONE: IN THE CITY OF BAGUIO }S.S. X ======================== X BEFORE ME, a Notary Public in and for the City of Baguio, this 5 th day of December 2013, personally appeared Gretchen A. Alunday and Erwin G. Gacadan personally known to me to be the same persons who voluntary executed the foregoing Contract of Lease which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses.
WITNESS MY HAND AND SEAL Doc. No. 59 Page No. 12 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
} } S.S.
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: This Agreement made and executed by:
MERIAM S. SAINGAN, of legal age, Filipino, widow, with residence and postal address at 40 Suello Village, Marcos Highway, Baguio City, and hereinafter referred as the FIRST PARTY; and CAMILLE J. SANCHEZ, of legal age, married, Filipino, with postal address at Km. 6, La Trinidad, Benguet, and hereinafter referred as the SECOND PARTY;
WITNESSETH: WHEREAS, the SECOND PARTY is indebted to the FIRST PARTY in the principal amount of ONE HUNDRED FIFTY THOUSAND PESOS (Php 150, 000.00) as of November 22, 1996 receipt of which is already acknowledge by the SECOND PARTY by virtue of that MEMORANDUM OF AGREEMENT th executed on seventeenth (17 ) day of May 2012 which loan remains unpaid; WHEREAS, the same amount had already accumulated into FIVE HUNDRED THOUSAND SEVEN HUNDRED TWENTY ONE and THIRTY THREE CENTAVOS (Php 500, 721.33) inclusive of interest and penalties at the rate of twenty six percent (26%) and five percent (5%) per annum respectively as of 28 November 2012 and the amount of interest is also increasing at the time of execution of this agreement;
WHEAREAS, the SECOND PARTY hereby agrees to pay the said loan inclusive of interests and penalties in favor of the FIRST PARTY herein and the latter likewise agrees to accept the same, under the following terms and conditions, to wit: 2. The SECOND PARTY hereby acknowledge the loan obligation in the aforementioned MEMORANDUM OF AGREEMENT is still subsisting in the principal amount of ONE HUNDRED FIFTY THOUSAND (Php 150, 000.00) plus the accumulated interest and penalties which now has the total amount of FIVE HUNDRED THOUSAND SEVEN HUNDRED TWENTY ONE and THIRTY THREE CENTAVOS (Php 500, 721.33) wherein said amount shall be paid on or before August 14, 2013; 3. The SECOND PARTY shall pay the total amount of the loan in nine (9) equal monthly installments in the amount of FIFTY FIVE THOUSAND SIX HUNDRED TWENTY FOUR and FIFTEEN CENTAVOS (Php 55, 624.15) commencing in the month of December 2012 up to August 14, 2013 with the single payment in the last month in the amount of ONE HUNDRED FOUR THOUSAND PESOS (Php 104, 000.00) ; 4. Finally, both parties hereby agree to mutually comply in good faith with all the terms and conditions of this agreement.
THIS AGREEMENT SHALL BE ENFORCEABLE AND BINDING TO PARTIES HEREIN, THEIR HEIRS AND ASSIGNS. th IN WITNESS WHEREOF, parties herein affixed their signatures this 5 day of December 2013 in the City of Baguio, Philippines.
MERIAM S. SAINGAN First Party SSS No. 8870 Issued: 10/10/12, Baguio City
CAMILLE J. SANCHEZ Second Party TIN No. 679-999-876-000 Issued: 05/04/2010, La Trinidad, Benguet
SIGNED IN THE PRESENCE OF: MAY L. AGNAT
REPUBLIC OF THE PHILIPPINES DONE: IN THE CITY OF BAGUIO
HANNAH K. ORATA
} } S.S.
ACKNOW LEDGMENT th
BEFORE ME, a Notary Public in and for the City of Baguio, this 5 day of December 2013, personally appeared MERIAM S. SAINGAN and CAMILLE J. SANCHEZ, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing MEMORANDUM OF AGREEMENT and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (2) pages, including the page on which this acknowledgment is written has been signed on the left margin of each and every page thereof by the parties and their witnesses. WITNESS MY HAND AND SEAL Doc. No. 59 Page No. 12 Book No. 1 Series of 2013.
HOBART H. CHAN Notary Public for Baguio City Until December 31, 2014 123 Session Road, Baguio City PTR No. 123/Baguio City/12-31-14 Roll of Atty. No. 32570 IBP Lifetime Membership No. 999 MCLE Compliance No 9999