EJS With SPA (Sample Only)

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SAMPLE ONLY NOT OFFICIAL DOCUMENT

EXTRAJUDICIAL SETTLEMENT OF ESTATE

KNOW ALL MEN BY THESE PRESENTS:

This EXTRAJUDICIAL SETTLEMENT OF ESTATE with SPECIAL


POWER OF ATTORNEY is entered into in the City of Zamboanga, by and
among:

_________________, of legal age, widow, Filipino citizen, with


residence and postal address at ____________________;

_________________ married to _____________, also of legal age,


Filipino citizen, and with residence and postal address at
____________________;

_________________ married to _____________, also of legal age,


Filipino citizen, and with residence and postal address at
____________________;

WITNESSETH: THAT –

WHEREAS, the above named parties are the surviving spouse and
children and compulsory heirs respectively of the late _________________,
who died on ___________________________ at
_______________________, a copy of his Death Certificate issued by the
_______________________ is hereto attached and made integral part of this
instrument as Annex “A”;

WHEREAS, said deceased at the time of his death, left one (1) parcel
of land, and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. ______________

“______________________________________________________
_______________________________________________________
_______________________________________________________
_____________________________________________________”

WHEREAS, no personal properties are included in this extrajudicial


settlement;

WHEREAS, there are no known debts or obligations due against the


estate of said decedent;

WHEREAS, a copy of this Extra-Judicial Settlement of Estate was


published once a week for three consecutive weeks in
___________________________, a newspaper of general circulation in
Zamboanga City, as certified to by the said publication hereto attached as
Annex “B”; and

WHEREAS, it is to the best interests of the parties hereto to divide,


partition and adjudicate between and among themselves the entire estate
particularly the real properties above-described extrajudicially in the manner
and form hereinafter set forth;
SAMPLE ONLY NOT OFFICIAL DOCUMENT

NOW, THEREFORE, for and in consideration of the foregoing premises,


and invoking the provision of Section 1, Rule 74 of the Rules of Court, the
parties hereto have agreed as they hereby do so agree to divide, partition and
adjudicate the above estate between and among themselves in pro indiviso
equal shares.

Subject, however, to contingent liabilities to creditors, heirs or other


persons who might have been deprived of lawful participation in the estate of
the decedent, for a period of two years from and after the settlement and
distribution thereof, in accordance with the provision of Section 4, Rule 74 of
the Rules of Court; and

That in the remote event that any other property of the decedent should
ever be found which is not included herein-above, the parties hereto further
agree as they do so agree to settle and distribute the same in like manner and
proportion as herein established and disposed.

-WITNESSETH FURTHER-

SPECIAL POWER OF ATTORNEY, that the above-named parties by


virtue of this instrument, do hereby name, constitute and appoint
_________________, of legal age, single and resident of 71 Amorsolo Street,
San Lorenzo Village, Makati City, to:

1. To REPRESENT us, as our OFFICIAL or AUTHORIZED


REPRESENTATIVE, or ANY OTHER CAPACITY as my ALTER EGO—
in securing our actual physical possession and/or NEGOTIATING,
EXECUTING, and DELIVERING any and all DEEDS, AGREEMENTS
or SETTLEMENTS of whatever kind reasonable required to effectuate
any transaction before the DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS (DPWH) and/or any other government or private offices and
entities or individual persons, involving our RIGHTS and INTERESTS
as the REGISTERED CO-OWNERS in fee simple of that property
above-described;

2. To NEGOTIATE, SELL, DONATE, ASSIGN, TRANSFER, ENDORSE,


and DELIVER, or otherwise DISPOSE, for such price or consideration
and under such terms and conditions as our said attorney-in-fact may
deem proper, the real property above-described;

3. To RECEIVE the proceeds of the sale which our said attorney-in-fact


may execute in connection with said sale;

4. To ENCASH, ENDORSE or NEGOTIATE the check/s that may be


issued by the DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
or any financial institutions in connection with the said sale, before any
bank and/or financial institution;

5. To PROCESS, ADMINISTER, SUBMIT DOCUMENTS, COMPLY WITH


REQUIREMENTS and FOLLOW-UP any transaction and SIGN for and
on our behalf all documents, necessary to give effect to the above
powers.

IN WITNESS WHEREOF, the parties hereto have hereunto set their


hands on this ___ day of _________ 2018 at the City of Zamboanga,
Philippines.
SAMPLE ONLY NOT OFFICIAL DOCUMENT

_________________
Heir/Principal

_________________
Heir/Principal

_________________
Heir/Attorney-in-Fact

SIGNED IN THE PRESENCE OF:

_____________________ ________________________

NOTARIAL ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF ZAMBOANGA CITY X X )S.S

Personally came and appeared before me, on this ____ day of


____________ 2018 at the City of Zamboanga City, Philippines, the following:

NAME VALID ID DATE & PLACE OF ISSUE

_________________ _______________ ______________________


_________________ _______________ ______________________
_________________ _______________ ______________________

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


foregoing instrument and acknowledged that the same is their free act and
voluntary deed.

This instrument consisting of four (4) pages including this whereon the
Acknowledgement is written has been signed by the parties and witnesses on
each and every page thereof and relates to an Extrajudicial Settlement of
Estate with Special Power of Attorney of a parcel of land situated at Barangay
Baliwasan, Zamboanga City.

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

Doc. No. _____;


Page No. _____; NOTARY PUBLIC
Book No. _____;
Series of 2018

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