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Deed of Extrajudicial Settlement of Estate With Absolute Sale - Bautista

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DEED OF EXTRAJUDICIAL SETTLEMENT OF

THE ESTATE OF THE DECEASED AUGUSTO


GARONG BAUTISTA WITH ABSOLUTE SALE
Know all men by these presents:

This Deed made and entered into this ___th day of _________ 20__,
in Quezon City, Metro Manila, by and between:

RITA C. BAUTISTA, of legal age, widow, Filipino citizen, with


address located at;

CHARMAINE B. PAMINTUAN, of legal age, married to ERIC


PAMINTUAN, both Filipino citizens, with address located;

ANTONIO AGUSTIN C. BAUTISTA IV, of legal age, married to


VERA MAY V. BAUTISTA, both Filipino citizens, with address
located at;

RAMON MANOLO C. BAUTISTA, of legal age, single, Filipino


citizen, with address located at;

All hereinafter referred to as the HEIR-SELLERS;

and

ANTONIO AGUSTIN C. BAUTISTA, of legal age, married to VERA MAY


V. BAUTISTA, both Filipino citizens, with address located at Quezon City,
Metro Manila, hereinafter referred to as the BUYERS;

WITNESSETH, that:

WHEREAS, herein HEIR-SELLERS are the legitimate children and the


only surviving legal heirs of the late AUGUSTO GARONG BAUTISTA who
died intestate on January 15, 2009 in San Fernando City, Pampanga. Copy
of his respective DEATH CERTIFICATE is hereto attached and marked as
ANNEXE "A" as integral part of this document;

WHEREAS, the late AUGUSTO GARONG BAUTISTA married to RITA


CUNANAN is the absolute and registered owner of a parcel of real estate
property located at Quezon City, Metro Manila which is covered by Transfer
Certificate of Title No. NO. N-259313, of the Register of Deeds of Quezon
City and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE


NO. N-259313

“A parcel of land (Lot 14-A, of the subd. plan (LRC)


Psd-37881, approved as a non-subd. proj. being a
portion of Lot 14, Blk. S-39, bsd-7365, LRC Rec. No.
Deed of Extrajudicial
Settlement of Estate
With Absolute Sale
Page 1 of 5
7681), situated in the Dist. of Diliman, Quezon City,
M. Manila Island of Luzon. Bounded on the NE.,
points 4 to 1 by Lot 4, BLk. S-39, Bsd-7365, on the
SE., points 1-2, by Lot 14-B of the subd. plan; on the
SW.,. points 2 to 3 by South 8th St. (Lot H-143), and
on the NW., points 3 to 4 by Lot 7, Blk. Bsd -7365.
Beginning at a point marked "1" on plan, being S. 44
deg. 01'W., 692.75 m. from BLLM no. 8, Quezon City;
thence S. 56 deg. 29'W., 10.00 m. to point 2; thence
N. 12 deg. 38'W., 24.50 m. to point 2; thence N. 77
deg. 22'E., 4.50m to point 3 ; thence N.12 deg. 30’E.,
25.40 m. to point 4; thence s. 77 deg. 22'N., 4.50 m.
to the point of beginning; containing an area of ONE
HUNDRED TEN SQUARE METERS AND TWENTY FIVE
SQUARE DECIMETERS (110.25), more or less. All
points referred to are indicated on the plan and are
marked on the ground by PS cyl. conc. mons,. 15x60
cm., bearings true; date of the orig. survey, Dec.
1910-June 1911 and that of the subdn. survey
executed by Andy D. Montemayor, Geodetic Engineer
on Nov. 7, 2003."

WHEREAS, to the best of the herein parties’ knowledge and


information, the said late AUGUSTO GARONG BAUTISTA died intestate
without leaving a Will and Testament, and that except for their children named
above, they have no other issue, and that there are no unpaid creditors who
up to this date have filed and/or advised herein heirs of their claims, thus, it
is honestly believed that the deceased AUGUSTO GARONG BAUTISTA left
no debts unpaid/unsettled;

AND WHEREAS, herein parties have agreed that it is to their best


interest as heirs afore-mentioned to adjudicate unto themselves the aforesaid
hereditary estate of the said decedent AUGUSTO GARONG BAUTISTA in the
manner and in such terms hereinafter stated;

NOW THEREFORE, pursuant to Sec. 1, Rule 74 of the Revised Rules


of Court of the Philippines, the parties herein being all of age, have agreed
to divide as they do hereby divide and adjudicate unto themselves, the above-
described property in equal shares in equal pro indiviso shares for each
primary heir, subject, however, to contingent liabilities to creditors, heirs or
other persons who might have been deprived of lawful participation in the
estate of the decedents, for a period of two years from the settlement and
distribution thereof, in accordance with the provisions of Sec. 4, Rule 74 of
the Rules of Court;

THAT, herein parties hereby affirm that they have executed the
foregoing instrument out of their own voluntary free will without force,
intimidation or violence upon their person, that they have hereby received
their just and proper share and have no more claim or demand against each
other in connection with the adjudication of the above-described real estate
property;

Deed of Extrajudicial
Settlement of Estate
With Absolute Sale
Page 2 of 5
THAT, the said properties are subject to pay any liability to creditors,
excluded heirs or other persons having rights to the said properties for a
period of two (2) years, pursuant to Section 4 Rule 74 of the Revised
Rules of Court of the Philippines.

THAT, the herein parties hereby undertake and warrant that all Estate
Taxes, Levies, Assessments and Applicable Bonds due herein will be duly paid.

FURTHER, for and in consideration of the sum


__________________________________ the receipt of which is hereby
acknowledged in full from ANTONIO AGUSTIN C. BAUTISTA IV married
to VERA MAY V. BAUTISTA, all of legal age and Filipino citizens, with
address located at ____________________, herein Heir-Sellers do hereby
SELL, TRANSFER, CONVEY and DELIVER by way of ABSOLUTE SALE unto
ANTONIO AGUSTIN C. BAUTISTA IV married to VERA MAY V. BAUTISTA, their
heirs, assigns, and successors in interest the real estate property described
above with all improvements and accessories therein.

THAT, herein Heir-Sellers hereby warrant that they can transfer the full
title, ownership and peaceful possession of the property herein sold and
conveyed free from all claims, liens, encumbrances of whatever nature, and
outstanding obligations for taxes, among others, real estate taxes, etc. as of
the date of this sale, and that said Heir-Sellers would defend the title and
rights of the BUYERS from any claims of whatever kind or nature from third
persons;

THAT, herein Heir-Sellers warrant that the subject property is not


tenanted and that they have not caused any act that will give rise to claims of
any third person/s or entities and that the provision of laws are satisfied to
effect a valid and enforceable transfer and conveyance on the said subject
property;

THAT, herein Heir-Sellers hereby assures and guarantees to secure an


Owner’s Duplicate Certificate of Transfer Certificate of Title No. N-259313
registered under the name of AUGUSTO GARONG BAUTISTA married to RITA
CUNANAN thereafter surrender the same unto the BUYERS for the latter to be
able to process the transfer of registration of the said real estate property
unto the names of herein BUYERS;

THAT, herein Heir-Sellers further undertakes to execute any and all


documents, instruments and deeds necessary, appropriate or required to
effectuate this Absolute Sale and the provisions herein contained and to
transfer the title and registration unto the name of the BUYERS;

THAT, the herein parties undertake that this Deed of Extrajudicial


Settlement of Estate with Absolute Sale will be published in a newspaper of
general circulation once (1) a week for three (3) consecutive weeks;

THAT, the herein HEIR-SELLERS hereby request the Registry of Deeds


of Quezon City, to transfer ownership of the above-described parcel of land
with improvements in favor of the herein BUYERS after the required Petitions
Deed of Extrajudicial
Settlement of Estate
With Absolute Sale
Page 3 of 5
have been heard and the necessary taxes and fees with the Bureau of Internal
Revenue and other Government Agencies are duly paid.

IN WITNESS WHEREOF, the parties have hereunto set their hands on


the date and place first above written.

RITA C. BAUTISTA
HEIR-SELLER

CHARMAINE B. PAMINTUAN ANTONIO AGUSTIN C. BAUTISTA IV


HEIR-SELLER HEIR-SELLER

RAMON MANOLO C. BAUTISTA ANTONIO AGUSTIN C. BAUTISTA IV


HEIR-SELLER BUYER

SIGNED IN THE PRESENCE OF:

_______________________ ____________________

Deed of Extrajudicial
Settlement of Estate
With Absolute Sale
Page 4 of 5
ACKNOWLEDGEMENT
Republic of the Philippines)
City of ________________) S.S.

BEFORE ME, a Notary Public, for and in the Municipality of


_______________, Philippines, this _____ day of ________, 2015 personally
appeared the following:

Names Passport/ Place/Date of


I.D. Card No. Issuance
RITA C. BAUTISTA
CHARMAINE B. PAMINTUAN
ANTONIO AGUSTIN C.
BAUTISTA IV
RAMON MANOLO C.
BAUTISTA

known to me and to me known to be the same persons who executed the


foregoing “Deed Of Extrajudicial Settlement of The Estate of the
Deceased Augusto Garong Bautista With Absolute Sale to Antonio
Agustin C. Bautista IV Married To Vera May V. Bautista” and
acknowledged to me that the same are their free and voluntary act and deed.

This instrument, consisting of five (5) pages including the page on


which this acknowledgment is written, refers to a “Deed Of Extrajudicial
Settlement of The Estate of the Deceased Augusto Garong Bautista
With Absolute Sale to Antonio Agustin C. Bautista IV married to Vera
May V. Bautista” and has been signed by the parties and their instrumental
witnesses on each and every page.

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

Doc. No. ______;


Page No. ______;
Book No. _____;
Series of 20__.

Deed of Extrajudicial
Settlement of Estate
With Absolute Sale
Page 5 of 5

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