CONTRACT TO SELL

 
KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT TO SELL, made and executed this ____ day of _________, 20__ by and between:
 
        (NAME OF SELLER /VENDOR), of legal age, single/married to (Name of spouse if
any), Filipino, and with residence and postal address at  (Address), hereinafter referred to as
the "SELLER/VENDOR";
 
-AND-
 
        (NAME OF BUYER/VENDEE), Filipino and with residence and postal address at
(Address), hereinafter referred to as the "BUYER/VENDEE".
 
WITNESSETH;
 
        WHEREAS, the SELLER/VENDOR is the absolute and registered owner of a parcel of
land consisting of LAND AREA IN WORDS (000) square meters, more or less, located at
(Address of property to be sold) and covered by Transfer Certificate of Title No. (TCT Number)
issued by the Registry of Deeds of (Name of Town or City);
 
        WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER /VENDOR has
agreed to sell the above mentioned property under the terms and conditions herein below set
forth;
 
        NOW THEREFORE,  for and in consideration  of the total sum of (Amount in words)
(Php: 000,000.00) Philippine Currency, and of the covenants herein after set forth the
SELLER/VENDOR  agrees to sell and the BUYER/VENDEE agrees to buy the aforesaid
property subject to the following terms and conditions: (Note: Terms and Conditions below
are sample only, please revise)
 
1. The total consideration shall be One Million  (Php: 1,000,000.00) PESOS, Philippine
Currency, payable as follows:
a) The amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, representing
earnest money shall be payable by the BUYER/VENDEE to the SELLER/VENDOR upon
signing of this Contract to Sell;
 
b) The remaining balance in the amount of SEVEN HUNDRED THOUSAND (Php: 700,000.00)
PESOS, shall be paid in Cash on or before ___________, 20__.
 
c) In case the check representing the payment for the balance provided in paragraph b hereof,
is dishonored by the drawee bank, the earnest money in the amount of THREE HUNDRED
THOUSAND (Php: 300,000.00) PESOS, shall be forfeited in favor of the SELLER/VENDOR.
2. Capital Gains Tax and Real Estate Tax, shall be for the account of the SELLER/VENDOR;
 
3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other
miscellaneous fees and expenses shall be to the account of the BUYER/VENDEE;
 
4. Possession to the subject property shall be delivered by the SELLER/VENDOR to the
BUYER/VENDEE upon full payment of the total consideration;
 
5. Upon full payment of the total price, the SELLER/VENDOR shall sign and execute a DEED
OF ABSOLUTE SALE in favor of the BUYER/VENDEE. The SELLER/VENDOR shall likewise
execute and/or deliver any and all documents, including but not limited to the original copy of
Transfer Certificate of Title, Tax Declaration and all other documents necessary for the transfer
of ownership from SELLER/VENDOR to the BUYER/VENDEE.
 
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this ___ day of
____________, 20__ at ______________________, Philippines.
 
 
 (SELLER/VENDOR)                                (BUYER/VENDEE)
Name                                                       Name

 
WITH MARITAL CONSENT:

________________________                       _________________________

Name of Seller/Vendor's Spouse           Name of Buyer/Vendee's Spouse

 
SIGNED IN THE PRESENCE OF:
 
__________________________               ____________________________
 
 
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

_____________________________ )  SS.

BEFORE ME, a Notary Public, this ____________day of ________________, personally appeared

the following:
 
        Name                       CTC Number             Date/Place Issued
 
(Name of Seller/Vendor)       10000000       February 5, 20__ / Pasay City
(Name of Buyer/Vendee)      10000000     January 14, 20__ / Quezon City
 
This instrument, consisting of ___ page/s, 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__.
CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

     I , F l y nn R yd er , of legal age, married to Rapunzel Letdownyourhair with postal address at Zone 4,

Cabaluay, Zamboanga City, hereinafter known as the MORTGAGOR, and Mother Gothel of legal age, single
with postal address at Witch Towers, Guiwan, Zamboanga City, hereinafter known as the MORTGAGEE,
witnesseth:

         That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of Fifteen Thousand Pesos
(15,000.00),  Philippine Currency, receipt of which is acknowledged by the MORTGAGOR upon the signing of
this instrument, payable within a period of one year, with interest thereon at the rate of 12% per
annum;

        That for, and consideration of , this indebtedness, and to assure the performance of said obligation to pay, the
MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the MORTGAGEE, his
heirs and assigns, the following personality now in the possession of said MORTGAGOR

MAKE             : MOTOR NO.              :

SERIES           :  SERIAL/CHASSIS NO.:
TYPE OF BODY: PLATE NO.                :
YEAR MODEL  : FILE NO.                   :
   
 
    That the condition of this obligation is that should the MORTGAGOR perform the obligation to pay the
hereinabove cited indebtedness of Fifteen Thousand Pesos (15,000.00) together with accrued interest thereon, this
chattel mortgage shall at once become null and void and of no effect whatsoever, otherwise, it shall remain in full
force and effect.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____day of ____________ 20___ at
____ Philippines.

         ____________________________       _____________________________
       MORTGAGOR                      MORTGAGEE

 IN THE PRESENCE OF:

        ____________________________       _____________________________
 ACKNOWLEDGEMENT

 
Republic of the Philippines)
 ________________________ ) S.S

BEFORE ME, personally appeared:

            Name                   CTC Number             Date/Place Issued

   (Name of Mortgagor)          10000000             Jan 01, __ / Quezon City

   (Name of Mortgagee)          10000000            Jan 11, __ / Las Pinas City

Known to me and to me known to be the same persons who executed the foregoing instrument
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___.
 SPECIAL POWER OF ATTORNEY
 
 KNOW ALL MEN BY THESE PRESENTS:
 
I, Ariana Grande, single of legal age, with residence and postal address at Zone 4, Guisao,
Zamboanga City, do hereby APPOINT Atty. Analise Keating, single, likewise of legal age, with postal
address at Blue Homes, Mercedes, Zamboanga City as my true and legal representative to act for
and in my name and stead and to perform the following acts:

To sell, offer for sale, and come to an agreement as to the purchase price and
thereafter to sign for me and in my name and receive payment from the sale of my
property more particularly described as follows:

(Insert Description of Property)

HEREBY GRANTING unto my representative full power and authority to execute and
perform every act necessary to render effective the power to sell the foregoing properties, as
though I myself have so performed it, and HEREBY APPROVING ALL that she may do by
virtue hereof with full right of substitution of her person and revocation of this instrument.
 
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS ____ DAY OF
_______________ 20__, AT (Insert Place of execution of this Instrument).
 
 
____________________________   _______________________________    
      (Name of Principal)           (Name of Agent /Attorney-In-Fact)

Signed in the presence of:

________________________________   ____________________________________

ACKNOWLEDGEMENT 

Republic of the Philippines )

 _________________________) S.S
 

BEFORE ME, personally appeared:

            
      Name                      CTC Number                Date/Place Issued

    (Name of Principal)       10000000                Jan 09, 20__ / Angeles City

     (Name of Agent)          10000000                    Jan 16, 20__ / City of Manila
 
Known to me and to me known to be the same persons who executed the foregoing instrument
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 of the Philippines
Municipal Trial Court
Branch 5
Baguio City

Mr. Uzumaki Naruto, plaintiff                                                        Civil Case No. 2

Accompanied by his Attorney –in – fact,                                           for:Unlawful Detainer
Atty. Poging Attorney                                                                                                    
                                                                                                                                      
            -versus-

Mr. Uchiha Sasuke, Defendant

x-----------------------------------------x

 COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this most honorable
court, MOST RESPECTFULLY STATES THAT;

1.      The Plaintiff is of legal age, married and a resident of Puguis, La Trinidad Benguet. The Defendant is
likewise of legal age, married and temporary residing at Petersville Subdivision, Baguio City.
2.      The Plaintiff is the owner of the two-storey house unit located at the Petersville Subdivision, Baguio City,
and having the residential address of PV 123 as evidenced by pertinent documents like tax declaration
and deed of sale. ( EXHIBIT “A” )
3.      The Defendant is the lessee of the house unit that is owned by the Plaintiff as evidenced by the written
contract of lease that both parties signed. (Exhibit “B”)
4.      The Plaintiff and the Defendant came up with a written agreement of Lease on June 26, 2007, which they
both agreed upon and was duly signed by the two parties as shown in their contract of lease. (Exhibit “B”)
5.      Item No. 16 of the contract which the defendant signed expressly provides that he will only be occupying
the property for one (1) year, after which, he will vacate the house when that term expires. (Exhibit “B”)
6.      The contract also provides that the defendant should also take care of the property and its premises” with
the utmost diligence”.
7.      On June 28, 2008, the plaintiff, after returning from Japan, was surprised to discover that the defendant
did not vacate the property as he expected. Worse, he installed a “sari-sari store” in the original building
structure of the house unit.
8.      The plaintiff confronted the defendant about it but the defendant claimed that it  was a “DEED OF SALE”
which they signed and not a “CONTRACT OF LEASE” and therefore, the defendant is the new owner of
the house unit.
9.      On August 20, 2008, after continuous demands, the defendant constantly refuses to vacate the house
unit and even invited relatives to stay with him.
10.  The defendant willfully and maliciously violated the agreement which they mutually agreed upon, and
which the defendant signed.

PRAYER
 WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgement be rendered in favor of the plaintiff and that after judgement;

a.       The defendant shall vacate the house unit owned by the plaintiff.
b.      The defendant shall be ordered to pay P 120, 000 for the Attorney’s Fees.

            Such other reliefs and remedies under the premises are likewise prayed for.
           
Baguio City, Philippines, this 28th day of September 2008.

Poging Attorney
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City

VERIFICATION AND CERTIFICATION

I, Mr. Uzumaki Naruto, of Legal age, married, Filipino Citizen and a resident of Puguis, La Trinidad
Benguet, after being sworn according to law, hereby depose and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge
and/or on the basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within
five (5) days therefrom to this Honorable Court.

Uzumaki Naruto
Complainant

In witness thereof, I, Mr. Poging Attorney, counsel of the plaintiff, have herunto set my hand this 29 th of
September at Baguio City.
 Poging Attorney
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City