CONTRACT TO SELL

KNOW ALL PERSONS BY THESE PRESENTS:

This CONTRACT TO SELL is made and executed this ____ day of _________, 20__ by and
between:

ROMEO C. PLATA, Filipino, of legal age, married to MAHER R. PLATA, with office and
postal address at Botong Francisco Avenue, Mahabang Parang, Angono, Rizal and hereinafter
referred to as the Seller.

-And-

______________________________________, Filipino, of legal age, single/married

to________________________________, with residence and postal address at
___________________________________ and hereinafter referred to as the Buyer.

The Seller and Buyer shall be hereinafter collectively referred to as Parties and singularly
as Party.

Witnesseth, that:

WHEREAS, the Seller acquired a parcel of land covered by Lot 4817 (Psu 185403, Lot
2), Cad 29 Extension, Antipolo Cadastre situated at Baybay Kason, Sitio Abuyod, Barangay San
Jose, Antipolo City, Province of Rizal, consisting an area of FIFTY TWO THOUSAND EIGHT
HUNDRED FORTY FOUR (52,844) square meters, more or less and hereinafter referred to as the
“Subject Property” from the Heirs of Filemon Asuncion through their duly appointed
representative and Attorney-in-Fact, Mr. Romeo M. Asuncion by virtue of a Memorandum of
Agreement1 and Deed of Absolute Sale2. Copy of the Joint Declaration of Heirship, Deed of
Extrajudicial Settlement Among The Heirs of the late Filemon Asuncion with Special Power of
Attorney dated July 27, 20203 together with the publication thereof for three (3) consecutive weeks
(August 3, 10 & 17, 2020) in a newspaper of general circulation, namely, The Rizal Connection4
and the Affidavit of Publisher5 are attached herewith and made an integral part hereof.

WHEREAS, the Heirs of Filemon Asuncion is in actual, adverse, open, continuous and
physical possession of the Subject Property and as per documents provided for by the Heirs of
Filemon Asuncion to herein Seller, it appears that the Subject Property was declared by the
Department of Environment and Natural Resources (DENR) City Environment and Natural
Resources Office (CENRO) Antipolo City to be Alienable and Disposable (A&D) land as per
Approved Sketch Plan6 (Lot Verification Survey) issued in favor of Felimon Asuncion duly signed
by CENRO Antipolo City Head, Antonio D. Diwa together with the corresponding Certification
issued by said office dated September 14, 2009 which can be found at the dorsal portion of thereof
which reads in summary as follows:

xxx. “This is to certify that the tract of land situated at Barangay San Jose,
Municipality of Antipolo, Province of Rizal, containing an approximate area of Fifty

1
Annex A-Memorandum of Agreement between the Heirs of Filemon Asuncion as rep. by Romeo M. Asuncion &
Romeo C. Plata
2
Annex B-Deed of Absolute Sale between the Heirs of Filemon Asuncion as rep. by Romeo M. Asuncion & Romeo C.
Plata
3
Annex C-Joint Declaration of Heirship, Deed of Extrajudicial Settlement among the Heirs of the late Filemon
Asuncion with Special Power of Attorney dated July 27, 2020
4
Annexes D to D-2- publication of the Joint Declaration of Heirship…. at The Rizal Connection Newspaper for 3
consecutive weeks (August 3, 10 &17, 2020)
5
Annex E-Affidavit of Publisher
6
Annex F–Approved Sketch Plan with Certification in favor of Filemon Asuncion dated September 14, 2009 issued
by DENR-CENRO Antipolo City.

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 Two Thousand Eight Hundred Forty Four (52,844) square meters, further described as
Lot No. 4817, Cad 29 Ext., at the back hereof, has been verified by the undersigned
Personnel of CENRO, Antipolo City to be within ALIENABLE AND DISPOSABLE
LAND as projected under Land Classification Map no. 639, project No. 1-A, Block I of
Antipolo City, certified released on March 11, 1927 by the Bureau of Forest
Development.

CERTIFIED FURTHER, that the land herein verified is outside any existing
proclamation, protected areas and/or embraced by any kind of Special Land Use permit
or lease as specified by Law.

ISSUED UPON REQUEST of Cornelio Asuncion dated September 4, 2009 for

whatever legal purposes it may serve. Certification and Oath Fee paid in the amount of
P80.00 under O.R. No. 8796080 dated September 14, 2009.”

Furthermore, another Verification Lot Survey complemented by a Certification7 was

issued by the DENR-CENRO Antipolo City dated March 23, 2015 which read as follows:

xxx. “THIS IS TO CERTIFY that the tract of land situated at Barangay San
Jose Municipality of Antipolo, Province of Rizal, containing an approximate area of Fifty
Two Thousand Eight Hundred Forty Four (52,844) square meters, further described as
Lot No. 4817, Cad 29 Extension, Antipolo Cadastre at the back hereof, has been verified
by the undersigned Personnel of CENRO, Antipolo City to be within ALIENABLE AND
DISPOSABLE LAND as projected under Land Classification Map no. 639, project No.
1-A, Block I of Antipolo City, certified released on March 11, 1927 by the Bureau of
Forest Development.

CERTIFIED FURTHER, that this certification is solely for the purpose of

ascertaining the present classification of the land.

ISSUED UPON REQUEST of Mr. Romeo M. Asuncion dated February 25,

2015. Certification and Oath Fee paid in the amount of P86.00 under O.R. No. 6198930
dated March 23, 2015.”

Said Subject Property was likewise declared for taxation purposes under Tax Declaration
(TD) No. 219308 under the name of Filemon Asuncion.

WHEREAS, pursuant to the Approved Subdivision Plan of Bassig Gutierrez & Co.
Limited Partnership9 for a parcel of land covered by (LRC) PSD 120401, F-44269 containing an
area of 42,094 square meters, which was signed by Geodetic Engineer Silverio B. Diwas and
likewise duly approved by Gregorio Bilog Jr., Commissioner of Land Registration with survey
date March 28-April 18, 1970, it clearly appears therein that the adjacent lot owner thereof is
Filemon Asuncion.

WHEREAS, in accordance with Antipolo Cadastre Map, Cad-29 Extension, Case 2 which
was approved on July 25, 1994, the same clearly shows the existence of Lot 4817 (Psu 185403,
Lot 2) of Cad 29 Extension, Antipolo Cadastre situated at Baybay Kason, Sitio Abuyod, Barangay
San Jose, Antipolo City, Province of Rizal, consisting an area of FIFTY TWO THOUSAND
EIGHT HUNDRED FORTY FOUR (52,844) square meters claimed by Filemon Asuncion.

7
Annex G-Sketch Plan with Certification dated March 23, 2015 issued by DENR CENRO Antipolo.
8
Annex H –TD No. 21930 issued under the name of Filemon Asuncion dated December 20, 1920.
9
Annex I-Approved Plan of Bassig Gutierrez & Co. Limited Partnership LRC PSD 120401 of F-44269 showing Filemon
Asuncion as adjacent lot owner

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 WHEREAS, based on the Approved Subdivision Plan of the Heirs of Julian Catangay10
of Lot 4814, Cad-29 Ext. Antipolo Cadastre, the Subject Property described as Lot 4817, Psu
185403 Lot 2 is adjacent thereto and as per Affidavit of Adjoining Owners of Editha M. Tapales
and Rodolfo L. Catangay11, the Heirs of Filemon Asuncion through Romeo Asuncion are the true
and real owners of the Subject Property described hereof.

WHEREAS, on September 18, 2009, the DENR-CENRO Antipolo City thru CENRO Head,
Antonio Diwa issued a reply letter to Cornelio Asuncion (deceased), one of the heirs of Filemon
Asuncion and as well as the one who started the processing of acquiring title to the Subject
Property. Hence, the letter states:

“This pertains to you letter dated September 9, 2009 requesting for the status of Lot No. 2
Psu No. 185403, situated in Sitio Baybay Cason, San Jose, Antipolo City.

Please be informed that based from the verification of the records on file, Lot no.2, Psu
185403 situated in Brgy. San Jose, Antipolo City has no record of any public land
application.”

WHEREAS, on September 5, 2011, the DENR-CENRO Antipolo City thru CENRO Head
Antonio Diwa sent a reply letter to Estelita Paranas y Asuncion, one of the co-heirs of Filemon
Asuncion regarding the status of the Subject Property. Hence the letter states:

“This pertains to your letter dated September 5, 2011, requesting for status of parcels
of land situated at Antipolo City.

Please be informed that this Office has no available records (list of survey claimants)
pertaining to Lot No. 4817, (PSU 185403, Lot 2) situated at Antipolo City in the name
of Filemon Asuncion.”

WHEREAS, the Buyer fully understands and agrees that the Subject Property is still in
the process of application for land title and that the Seller nor the Heirs of Felimon Asuncion can
guarantee the length of time required in accomplishing the same. Likewise, given the current
conditions and restrictions during this pandemic brought about by COVID-19, delays are to be
expected.

WHEREAS, the Buyer has offered to buy a portion of the Subject Property consisting of
_____________ square meters particularly located at Lot No.__________, Block No.__________
of the Sketch Plan12 duly prepared and signed by Geodetic Engr. Elegio L. Cruz, and that the Seller
has agreed to sell the above-described portion of the Subject Property under the terms and
conditions herein below set forth:

NOW THEREFORE, for and in consideration of the total sum of

________________________________________________ (Php_______________) Philippine
Currency, and of the covenants hereinafter set forth the Seller agrees to sell and the Buyer agrees
to buy the afore-described portion of the Subject Property subject to the following terms and
conditions:

1. The total consideration shall be __________________________________________

(Php_____________________) PESOS, Philippine Currency, payable as follows:

a) The amount of ____________________________________ (Php_____________)

PESOS, representing the reservation fee shall be payable by the Buyer to the Seller upon signing
of this Contract to Sell.

10
Annex J-Approved Subdivision Plan of Heirs of Julian Catangay
11
Annex K-Affidavit of Adjoining Owners, Editha M. Tapales and Rodolfo L. Catangay
12
Annex L-Sketch Plan

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 b) The remaining balance in the amount of ___________________________________
(Php____________________) PESOS, shall be paid in sixty (60) months beginning
______________, 20___ until __________________, 20____ in equal monthly payments in the
sum of ________________________________________ (P_________________) per month.

c) The payment for reservation fee, survey fee, documentation fee, reproduction and
notarial fees, monthly maintenance and security fees, including miscellaneous and incidental fees
as well as the monthly payments hereof shall be non-refundable and non-transferable.

2. The Buyer agrees that the afore-described portion of the Subject Property shall be used
as his/her farmhouse with a nipa hut type of construction (bahay kubo) as well as to cultivate the
land for food production purposes especially during this time of pandemic, such as but not limited
to: planting of fruit bearing trees, root crops, vines, vegetables, etc. and/or raising
livestock/animals which are allowed by the local government unit (Brgy. San Jose and City of
Antipolo) concerned to produce within the Subject Property taking into consideration the foul
smell and/or odor thereof, among other restrictions. Furthermore, the Buyer agrees to utilize at
least 50% of the afore-described portion of the Subject Property for the foregoing food production
activities.

3. This Contract to Sell shall be automatically cancelled in case the Buyer fails to pay at
least any three (3) monthly payments within the contract period of sixty (60) months. Hence, the
Buyer agrees that there is no need for the Seller to send a written demand letter for the Buyer to
peacefully vacate the afore-described portion of the Subject Property. As such, the Buyer shall
peacefully surrender possession thereof in favor of the Seller and all monthly payments paid by
the Buyer to the Seller shall be considered as monthly rent for the use and occupation of the afore-
described Subject Property by the Buyer.

4. The capital gains tax, real estate tax, documentary stamps tax, registration fee,
registration expenses, and all other miscellaneous fees and expenses shall be to the account of
the Buyer.

5. Ownership over the above-described portion of the Subject Property shall remain in
favor of the Seller until the Buyer fully pays the total consideration hereof.

6. Upon payment of the reservation fee and survey fee, the Seller may allow the Buyer to
take possession of the afore-described portion of the Subject Property in relation to No. 2 hereof.

7. During the term of this Contract to Sell, the Buyer is not allowed to re-sell, transfer
and/or assign his/her portion of the Subject Property without the written approval and/or consent
of the Seller. In case the Buyer commits said prohibition, this Contract to Sell shall automatically
be cancelled and that the possession of the afore-described portion of the Subject Property shall
immediately be turned-over to the Seller without the need of any written demand and/or any court
action.

8. Both parties have fully read and understood the contents of this Contract to Sell and have
affixed their signatures thereto freely and voluntarily.

9. Upon full payment of the total price, the Seller shall sign and execute a Deed of Absolute
Sale in favor of the Buyer.

10. Expenses for connection to utilities such as water, electricity and

telecommunications/internet among others shall be for the account of the Buyer.

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 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this ___
day of ____________, 20__ at ______________________, Philippines.

ROMEO C. PLATA MARICEL S. PARDILLO

___________________________
Seller Buyer

With Marital Consent:

MAHER R. PLATA CRISHA MAE S. PARDILLO

________________________________
Seller’s Spouse Name of Buyer's Spouse

Signed in the presence of:

__________________________ ____________________________
ROMEO M. ASUNCION EDUARDO SENERES

ACKNOWLEDGMENT

Republic of the Philippines)

______________________) S.S.

BEFORE ME, a Notary Public, this ____________day of ________________, 20____, appeared

the following:

Name of Contracting Parties Government Issued ID Date & Place of Issue

This Contract to Sell consisting of five (5) 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 concerned parties and their witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above written.

Notary Public

Doc. No. ........;

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

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