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A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land

Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of
assignment. They are always the first to complain that Omonile has defrauded them but they have no proof to show the
property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred
from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more
valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What
then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or
property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land
to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of
the seller. The person or Seller who transfers his rights or interests in that property is usually called the Assignor and
the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the
assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed
contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of
the property transfers from one owner to the other. The deed also gives a specific description of the property that is
included in the transfer of ownership.

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the
land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction.
Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance. The Deed
of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any
confusion or assumption after the property has been transferred to the new owner. Such Key issues include:

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to
claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your
Lawyer to go draft one for you now to save yourself future problems

1. The Parties’ to the Agreement e.g between Mr A and Mrs K

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing
them in any capacity.

3. The history of the land in question how it was first obtained down to the moment its about to be sold including and
documents it previously had till this date

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land

5. The description and size of the land to be transferred.

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document

7. The signature of the parties to the Assignment and Witnesses to the Transaction

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid.
Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only
a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to
prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest
mistake if you don’t have one.

DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS

KNOW ALL MEN BY THIS PRESENTS:

This deed, made and entered into this ___ day of __________, 20__ at the City of Manila, by and between:

Juan de la Cruz, Filipino Citizen, of legal age, married to Juanita de la Cruz with residence and postal address at 1234 Oak Lane,
Standard Subdivision, Quezon City, hereinafter referred to as the "ASSIGNOR"

-and-

Pedro San Juan, Filipino Citizen, of legal age, married to Patricia San Juan with residence and postal address at 123A Somerville
Plaza Tower, 5678 Mahogany Avenue, Manila, hereinafter referred to as the "ASSIGNEE".

WITNESSETH that -

WHEREAS the ASSIGNOR is the buyer of a 2-bedroom unit, located at 18C, GrandTowers Condominium, 234 Taft Avenue, Manila, with an
area of SEVENTY EIGHT (78) SQUARE METERS more or less, covered by Condominium Certificate Title No. 98765 of the register of Deeds of
Manila, registered in the name of the Bank of the Philippine Islands.;

WHEREAS, the ASSIGNOR has offered to assign all his rights, title and interest over the above unit, as referred in said Contract to Sell and
the ASSIGNEE hereby accepts the assignment in accordance with the terms herein set forth;

NOW, THEREFORE, for and in consideration of the foregoing premises and the sum of ONE MILLION PESOS (1,000,000.00),
PHILIPPINE CURRENCY, which the ASSIGNOR hereby acknowledged to have received from the ASSIGNEE, the ASSIGNOR hereby assigns,
transfers and conveys unto the ASSIGNEE, all his rights, title and interest to the aforementioned property and and appurtenant interest in the
Condominium project pursuant to this Agreement and the ASSIGNEE by these presents hereby accepts the assignment and agrees to be bound by the
terms and conditions of the Contract to Sell and the rules and regulations, and restrictions pertaining to the said unit.

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

(Juan de la Cruz) (Pedro San Juan)


ASSIGNOR ASSIGNEE

Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


______________________) S.S

BEFORE ME, a notary for and in the City of Manila, personally appeared:

Name CTC Number Date/Place Issued

(Juan de la Cruz) 00000000 January 15, 20__ / Quezon City


(Pedro San Juan) 00000000 January 21, 20__ / Manila

known to me and to me known to be the same persons who executed the foregoing Deed of Assignment and transfer of Rights and acknowledged to
me that the same is their free and voluntary act and deed.

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

Notary Public
Doc. No.______;
/Page No. ______;
Book No.______;
Series of 20____.
REPUBLIC ACT No. 3872

AN ACT TO AMEND SECTIONS FORTY-FOUR, FORTY-EIGHT AND ONE HUNDRED TWENTY OF


COMMONWEALTH ACT NUMBERED ONE HUNDRED FORTY-ONE, AS AMENDED, OTHERWISE KNOWN AS
THE "PUBLIC LAND ACT", AND FOR OTHER PURPOSES.

Section 1. A new paragraph is hereby added to Section 44 of Commonwealth Act Numbered One hundred forty-one,
to read as follows:

"Sec. 44. Any natural-born citizen of the Philippines who is not the owner of more than twenty-four hectares and who
since July fourth, nineteen hundred and twenty-six or prior thereto, has continuously occupied and cultivated, either
by himself or through his predecessors-in-interest, a tract or tracts of agricultural public lands subject to disposition,
or who shall have paid the real estate tax thereon while the same has not been occupied by any person shall be
entitled, under the provisions of this chapter, to have a free patent issued to him for such tract or tracts of such land
not to exceed twenty-four hectares.

"A member of the national cultural minorities who has continuously occupied and cultivated, either by himself or
through his predecessors-in-interest, a tract or tracts of land, whether disposable or not since July 4, 1955, shall be
entitled to the right granted in the preceding paragraph of this section: Provided, That at the time he files his free
patent application he is not the owner of any real estate secured or disposable under this provision of the Public Land
Law."

Section 2. A new sub-section (c) is hereby added to Section 48 of the same Act to read as follows:

"Sec. 48. The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own
any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court
of First Instance of the province where the land is located for confirmation of their claims and the issuance of a
certificate of title therefor, under the Land Registration Act, to wit:

"(a) Those who prior to the transfer of sovereignty from Spain to the United States have applied for the purchase,
composition or other form of grant of lands if the public domain under the laws and royal decrees then in force and
have instituted and prosecuted the proceedings in connection therewith, but have, with or without default upon their
part, or for any other cause, not received title therefor, if such applicants or grantees and their heirs have occupied
and cultivated said lands continuously since the filing of their applications.

"(b) Those who by themselves or through their predecessors-in-interest have been, in continuous, exclusive, and
notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition
or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title, except
when prevented by war of force majeure. Those shall be conclusively presumed to have performed all the conditions
essential to a government grant and shall be entitled to a certificate of title under the provisions of this chapter.

"(c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have
been in open, continuous, exclusive and notorious possession and occupation of lands of the public domain suitable
to agriculture, whether disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled
to the rights granted in sub-section (b) hereof".

Section 3. Section 120 of the same Act is hereby amended to read as follows:
"Sec. 120. Conveyance and encumbrance made by persons belonging to the so-called "non-christian Filipinos" or
national cultural minorities, when proper, shall be valid if the person making the conveyance or encumbrance is able
to read and can understand the language in which the instrument of conveyance or encumbrances is written.
Conveyances or encumbrances made by illiterate non-Christian or literate non-Christians where the instrument of
conveyance or encumbrance is in a language not understood by the said literate non-Christians shall not be valid
unless duly approved by the Chairman of the Commission on National Integration."

Section 4. Any Act, law, rule and regulation or executive order contrary hereto are hereby amended and/or repealed
accordingly.

Section 5. This Act shall take effect upon its approval.

Commonwealth Act No. 141 of 1936 AND AN ACT TO AMEND COMPILE THE LAWS RELATIVE TO LANDS OF THE
PUBLIC DOMAIN

TITLE I TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT REFERS, AND CLASSIFICATION,
DELIMITATION, AND SURVEY — THEREOF FOR CONCESSION

CHAPTER I Short Title of the Act, Lands to Which it Applies, and Officers Charged With Its
Execution

SECTION 1. The short title of this Act shall be "The Public Land Act.

SECTION 2. The provisions of this Act shall apply to the lands of the public domain; but timber
and mineral lands shall be governed by special laws and nothing in this Act provided shall be
understood or construed to change or modify the administration and disposition of the lands
commonly called "friar lands'' and those which, being privately owned, have reverted to or become
the property of the Commonwealth of the Philippines, which administration and disposition shall
be governed by the laws at present in force or which may hereafter be enacted.

SECTION 3. The Secretary of Agriculture and Commerce shall be the executive officer charged
with carrying out the provisions of this Act through the Director of Lands, who shall act under
his immediate control.