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WITNESSETH: That
Memorandum of Agreement
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WHEREAS, the PARTIES, who are siblings, are the absolute co-owners of
a parcel of land with improvements, located at Block 2 Lot 11, Molave St.,
Admiral Subdivision, Talon 3, Las Pinas City, covered by TCT No.
_______________ with a lot area of ____________ square meters, more or less;
hereinafter referred to as the “PROPERTY,.” to wit:
1.3 The PARTIES cannot sell the house and improvements found inside the
PROPERTY to anyone a third person other than except to one of the
PARTIESco-owners.
1.4 Further, tThe PARTIES cannot sell their respective share in the co-owned
propertyrship of the PROPERTY to any third person without first offering
first the same to the other co-owners.
1.5 In case of disagreement of matters which that does not require the
approval or consent of all PARTIES, the majority decision would prevail.
Section 2. TERMS
2.1 All provisions contained in tThis Agreement is valid for only tenTEN (10)
years from the time of execution, in accordance with Article 494 of the
New Civil Code.
2.2 Should the PARTIES intend to terminate this Agreement prior to the
expiration of the term, the written approval of ALL PARTIES should first
be obtained.
2.3 In case any of the party sells their house and improvements/respective
share to another co-owner, the other parties will no longer participate in
the said transfer of the subject property, unless his/her signature is
required, for which the other parties undertake to sign and execute
necessary documents needed for the subsequent sale, provided that the
selling party gives prior reasonable notice to the other parties.
2.4 In case any of the party is allowed to sell their respective share to a third
person, the other parties will no longer participate in the said transfer of
the subject property, unless his/her signature is required, for which the
other parties undertake to sign and execute necessary documents needed
for the subsequent sale, provided that the selling party gives prior
reasonable notice to the other parties.
2.5 Any party that shall violate the terms and conditions of this Agreement
shall pay liquidated damages in the amount of ONE MILLION PESOS
(PhP1,000,000.00);
2.6
Section 3. MISCELLANEOUS.
3.1 Compliance with Applicable Law. – The parties agree to abide by all
applicable laws of the Republic of the Philippines, which shall govern this
agreement.
3.3 Non-Waiver of Rights – The failure of a Party herein to require from the
other party a strict compliance with the terms and conditions of this
Agreement, shall not operate as a waiver of any right he may herein have,
to enforce compliance with the other terms and conditions or to seek
remedy or appropriate legal relief for their breach.
3.4 Successors and Assigns – This Agreement shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs, successors
and assigns.
3.5 Entire Agreement. – This agreement and all other documents executed in
relation to or in connection with this transaction shall constitute as the
entire agreement among all the Parties and supersedes all prior or
contemporaneous oral or written communication, proposals and
representations with respect to its subject matter. All covenants hereof
shall extend to and be obligatory on the heirs, personal representatives,
successors and assigns (as the case may be) of the Parties.
3.7 The parties hereto hereby mutually bind and obligate themselves to do
and perform such acts or execute and/or deliver any document needed to
give life to this instrument. The parties shall likewise act in good faith and
maintain transparency in dealing with each other and to the persons with
whom they shall transact henceforth.
4.1. Should any party to this Agreement find it necessary to seek judicial relief
against the other to address any dispute arising from this Agreement, the
parties herein expressly agree that the venue of any court action or suit
that may arise from this Agreement shall be in the proper court in Makati
City, to the exclusion of all other venues.
This Agreement hereby amends and repeals the previous agreements executed
by and between the parties, and shall inure to the benefit of, and be binding
upon, the parties hereto and their respective legal representatives, heirs, and
assigns.
3.1 Venue. This Agreement shall be valid and binding upon the contracting
parties, their heirs, executors and assigns. Any action or suit arising
hereunder shall be brought to the appropriate court of Las Pinas City, at
the option of the complainant, all other venues being hereby expressly
waived.
Memorandum of Agreement
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_________________________ __________________________
ANNABELLE P. CASANDIG JOCELYN DE GUZMAN PERY
__________________________ ___________________________
RONALDO DE GUZMAN PERY JAQUELINE PERY ABABAO
__________________________ ___________________________
JOSELITO DE GUZMAN PERY EDGARDO DE GUZMAN PERY
_________________________ _______________________
ACKNOWLEDGEMENT
ANNABELLE P.
CASANDIG
JOCELYN DE GUZMAN
PERY
RONALDO DE GUZMAN
PERY
JAQUELINE PERY
ABABAO
JOSELITO DE GUZMAN
PERY
EDGARDO DE GUZMAN
Memorandum of Agreement
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PERY
The said instrument which consists of five (5) pages, including the page on
which this acknowledgement is written, has been signed on each and every page
thereof, by the parties and their witnesses.
(Notary Public)c)
Doc. No.______
Page No.______
Book No. _____
Series of 2018.