Contract To Sell - Atienza (Final)

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CONTRACT TO SELL
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Sale made and executed on this 27th day of March, 2018,
by and between:
PAUL M. ATIENZA, PHILAMER M. ATIENZA,

PUBLIO M. ATIENZA, VIRGILIO A. MARASIGAN,
RENY A. MARASIGAN, MARVIN Q. ATIENZA,
JEFFREY N. ATIENZA and ERWIN A DEQUILLA, all of
legal age, Filipino, and a resident of Dasmariñas City,
Cavite, represented by their Attorney-in-Fact PORTIA M.
ATIENZA and PORTIA M. ATIENZA, of legal age,
Filipino, single and a resident of #29 Asuncion Village,
Brgy.Zone1, City of Dasmariñas, Cavite, hereinafter referred
to as the VENDORS,
And
NILDA I. RAMOS and/or JESSE I. RAMOS and/or

DORCAS R. PEREZ, all married Filipinos and residents of
Poblacion Imus City, Cavite, representing their group of
BUYERS, hereinafter, referred to as the VENDEES,
WITNESSETH : That
WHEREAS, the VENDORS are the owners of several parcels of land

situated in Brgy. Talipusngo, Maragondon, Cavite, covered by Tax Declaration
Nos. 13 005 00212, 13 005 00213, 13 005 00214, 13 005 00215, 13 005 00225 and 13
005 00226, issued by the Municipal Assessor of the Municipality of Maragondon
with an aggregate area of THREE HUNDRED SEVENTY EIGHT THOUSAND
FIVE HUNDRED FIFTY SIX POINT ZERO ONE (378,556.01sqm) SQUARE
METERS and which parcels of land are more particularly described as follows:
1. Tax Declaration No. 13 005 00212

PIN:022-13-0025-003-01
Survey No. Cad-457-D, Lot No. 1812
Boundaries:
North: Creek & Brgy. Layong Mabilog
East: Brgy. Layong Mabilog
South: Creek
West: 02 (Lot No. 1818)
Area: 8.379954 has

PIN:022-13-0025-003-02
Boundaries:
North: 01 (Lot No. 1812 & Creek)
East: 01 (Lot No. 1812)
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South: Creek
West: 03, 04, 15 (Lot No. 1884, 1885, 1887)
Area: 5.5439.62 has

PIN: 022-13-0025-003-03
Boundaries:
North: Brgy. Layong Mabilog
East: 02 (Lot No. 1818)
South: 04 (Lot No. 1885)
West: 05 (Lot No. 1787-E & Brgy. Layong Mabilog)
Area: 7.602442

PIN: 022-13-0025-003-04
Boundaries:
North: 03 (Lot No. 1884)
East: 02 (Lot No. 1818)
South: 14, 15 (Lot No. 1886 & 1887)
West: 05 (Lot No. 1787-E)
Area: 4.294980 has

PIN: 022-13-0025-003-14
Boundaries:
North: 04 (Lot No. 1885)
East: 15 (Lot No. 1887)
South: 15 (Lot No. 1887)
West: 13 (Lot No. 1695-D)
Area: 3.373426 has

PIN: 022-13-0025-003-15
Boundaries:
North: 04, 14 (Lot No. 1885 & 1886)
East: 17 (Lot No. 1811 & Creek)
South: 16, 17 (Lot No. 1888 & 1811)
West: 13, 14, 16 (Lot No. 1695-D; 1885 &1888)
Area: 8.660831 has
WHEREAS, the VENDORS have offered to sell the above-described

parcels of land and the VENDEE has agreed to buy the same from the VENDOR
under the terms and conditions herein below set forth;
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NOW, THEREFORE, for and in consideration of the foregoing premises

and the amount of FORTY ONE MILLION SIX HUNDRED FORTY ONE
THOUSAND ONE HUNDRED SIXTY ONE PESOS AND TEN CENTAVOS
(P41,641,161.10), Philippine Currency computed at the Selling Price of Php110.00
per square meters times 378,556.01 and other terms and conditions hereinafter
set forth, the SELLER has agreed and contracted to sell to the VENDEE the
above-described properties, and the PARTIES shall hold themselves in strict
compliance with the following terms and conditions, to wit:
CONSIDERATION
7. The consideration of P41,641,161.10 shall be paid within six (6) months

under the following payment schedule:
Percentage Amount Term

30% 12,492,348.30 thru dated check upon signing of the Contract of Sale
20% 8,328,232.22 thru post-dated check 60 days upon signing of Contract of Sale
100% 41,641,161.10 Total;
8. The first payment of 30% is a Bank of Philippine Island (BPI), Imus City
Branch, check number 534525 dated March 26, 2018 under the name of
PORTIA MONZON ATIENZA on the day of the execution of this
Contract to Sell;
9. Post-dated checks must be simultaneously issued by the VENDEES to the

VENDORS in accordance with the above-stated schedule of payment for
the remaining balance on the day of execution of this contract;
10. After full payment of the consideration, Deeds of Absolute Sale will be
executed by the VENDORS in favor of the NOMINEES/ASSIGNEES of
the VENDEES;
11. Expenses for one-half of the broker’s commission (2.5%), BIR capital gains
tax, documentary stamp tax, relocation and titling expenses of the six
untitled lots, transfer tax and fees for the registration of titles in the name
of the VENDEES and other miscellaneous incidental expenses necessary
for the transfer of title to the buyer shall be for the account of the
VENDEES;
12. Transfer of rights and ownership, delivery of physical possession of the

properties, herein, sold shall remain in the VENDORS and shall pass
through the VENDEES only upon full payment of the purchase price;
DEFAULT PROVISIONS
13. If for any reason whatsoever, the VENDEES default in the payment of any
of the above-mentioned schedule, or violate, refuse, or fail to comply with
the terms and conditions stipulated herein, this Contract only shall be
deemed cancelled or rescinded, and fifty percent (50%) of the payments
made if there were any shall be forfeited in favor of the VENDORS. Such
payments that were already made by the VENDEES to the VENDORS will
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be deemed as the rental fee for the occupation of the aforementioned

properties;
14. Any power, privilege, or right granted to or may be exercised by the

VENDORS or its assignee with respect to any violation of the terms and
conditions of this Contract, or with respect to any of the above-mentioned
default shall in no case be interpreted as a relinquishment by the
VENDORS or its assignee of any of its other rights herein contained in
case of subsequent default on the part of the VENDEES.
PAYMENT OF TAXES
15. The VENDEES bind themselves to pay the real estate taxes and special
taxes levied or that may be levied on the property subject matter of this
Contract only after the execution of the Contract to Sell and during the
time the same is in force, when they become due and payable, or within
the period provided by law including the corresponding surcharges and
penalties in case of delinquency.
OCCUPANCY AND POSSESSION
16. Occupancy and possession by the VENDEES of the herein subject

properties shall be made on the day of the execution of the deeds of
absolute sale. Thereafter, the VENDEES shall hold the VENDORS and its
assignee free and harmless from any and all liabilities from losses,
damages, or deficiencies.
VENDORS WARRANTY
17. VENDORS warrant that the subject properties do not have any
tenants/no informal settlers/tillers upon turn-over to the VENDEES and
the VENDORS will execute an affidavit to that effect.
18. This Contract to Sell shall be binding upon the heirs and executors and
assigns of both parties.
In witness whereof, the parties hereto have signed these presents this 27th
day of March, 2018 at Dasmariñas, Cavite.
PORTIA M. ATIENZA
As Atty-in Fact of
PAUL M. ATIENZA, PHILAMER M. ATIENZA,
PUBLIO M. ATIENZA, VIRGILIO A. MARASIGAN
RENY A. MARASIGAN, MARVIN Q. ATIENZA
JEFFREY N. ATIENZA and ERWIN A DEQUILLA
Vendor
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PORTIA M. ATIENZA
Vendor
NILDA I. RAMOS JESSE I. RAMOS

Vendee Vendee
DORCAS R. PEREZ
Vendee
SIGNED IN THE PRESENCE OF:
LUCIO A. ALEJO IV DELIA TERNATE
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)

PROVINCE OF CAVITE : S.S.
CITY OF IMUS )
BEFORE ME, a Notary Public for and in Imus City, Cavite, this _____ day
of March, 2018, personally appeared PORTIA M. ATIENZA with IBP ID No.
69243, NILDA I. RAMOS with TIN ID No. 124-539-638-000 issued on February
19, 2010, JESSE I. RAMOS with TIN ID No. 120-304-305-000 issued on December
27, 2017, and DORCAS R. PEREZ with SSS ID No. 33-5382701-8, 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 voluntary act and deed.
This instrument consisting of five (5) pages including this page where this
acknowledgment is written and signed by the parties and their instrumental witnesses
on every page thereof refers to a CONTRACT OF SALE situated in Barangay
Talipusngo, Maragondon City, Cavite covered by Tax Declaration Nos. 13 005 00212,
13 005 00213, 13 005 00214, 13 005 00215, 13 005 00225 and 13 005 00226, issued by
the Municipal Assessor of the Municipality of Maragondon.
WITNESS MY HAND AND SEAL this _____ day of March, 2018 at Imus
City, Cavite.
Doc No _______;
Page No. ______;
Book No.______;
Series of 2018.

Contract To Sell - Atienza (Final)

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1

KNOW ALL MEN BY THESE PRESENTS:

PAUL M. ATIENZA, PHILAMER M. ATIENZA,

NILDA I. RAMOS and/or JESSE I. RAMOS and/or

WHEREAS, the VENDORS are the owners of several parcels of land

1. Tax Declaration No. 13 005 00212

2. Tax Declaration No. 13 005 00213

3. Tax Declaration No. 13 005 00214

4. Tax Declaration No. 13 005 00215

5. Tax Declaration No. 13 005 00225

6. Tax Declaration No. 13 005 00226

WHEREAS, the VENDORS have offered to sell the above-described

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

7. The consideration of P41,641,161.10 shall be paid within six (6) months

Percentage Amount Term

9. Post-dated checks must be simultaneously issued by the VENDEES to the

12. Transfer of rights and ownership, delivery of physical possession of the

be deemed as the rental fee for the occupation of the aforementioned

14. Any power, privilege, or right granted to or may be exercised by the

OCCUPANCY AND POSSESSION

16. Occupancy and possession by the VENDEES of the herein subject

NILDA I. RAMOS JESSE I. RAMOS

SIGNED IN THE PRESENCE OF:

LUCIO A. ALEJO IV DELIA TERNATE

REPUBLIC OF THE PHILIPPINES)

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