DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE (Deed) made and entered into this
___________________ in _________________ by and between:

______________, of legal age, Filipino, single/married, andand with

residence address at _________________; and ______________, of legal age,
Filipino, single/married, and with residence address at _________________,
represented herein by their Attorney-in-Fact, _______________, pursuant to a
Special Power of Attorney that they executed, a copy of which is hereto attached
as Annex A, and hereinafter collectively referred to as the SELLERS,
-and________________, of legal age, __________________, single/married, with
residence address at __________________________, hereinafter referred to as the
BUYER.
WITNESSETH:
WHEREAS, the SELLERS are the Heirs of _____________________, their
common
predecessor-in-interest,
who
died
_________________
on
__________________;
WHEREAS, SELLERS, as Heirs of the ______________, are the collective
owners of a parcel of land with a Townhouse Unit constructed thereon, with a
total area of ________________ square meters (___________ sq.m.), more or less
(the Subject Property) situated at ________________ and covered by Transfer
Certificate of Title No. ___________ issued by the Registry of Deeds for
_______________, registered under the name of ______________;
WHEREAS, BUYER has offered to acquire the Subject Property from the
SELLERS; and SELLERS hereby sell, cede, transfer, and convey the Subject
Property to the BUYER, free from all liens and encumbrances of any kind
whatsoever, except as may hereinafter be set forth, subject to the particular
terms and conditions stipulated in this Deed;
NOW, THEREFORE, for and in consideration of the foregoing premises
and the mutual covenants herein set forth, the parties hereby agree, as follows:
SECTION 1.
The Property. The SELLERS, by these presents, have
sold, transferred and conveyed, as they hereby absolutely and unconditionally
sell, cede, transfer and convey unto BUYER, all of the SELLERS' rights/title to
1

and interests in the Subject Property situated at ________________, free from all
liens and encumbrances covered by TCT No. ___________________ of the Registry
of Deeds for _________, Metro Manila, more particularly described as follows:
[INSERT TECHNICAL DESRCRIPTION]

A copy of TCT No. _____________ is hereto attached as Annex B;

SECTION 2. Payment of Purchase Price. - For and in consideration of the
sale, transfer and conveyance of the Subject Property, the BUYER has paid the
total amount of __________________ Pesos (P________________) to the SELLERS,
receipt of which in full amount is hereby acknowledged by the SELLERS.
SECTION 3.
Transfer of Possession. - The SELLERS shall surrender
peaceful possession of the Subject Property to the BUYER upon the execution
of this Deed of Absolute Sale. In the event that the SELLERS fail to surrender
possession of the property upon execution by the parties of this Deed of
Absolute Sale, the BUYER shall have the right to rescind this Deed of Absolute
Sale and demand restitution of whatever amounts paid without the need of
judicial recourse.
SECTION 4.
Taxes, Fees and Expenses. All taxes, fees and expenses
relating to the purchase and sale of the Subject Property shall be borne and
paid by the parties in the following manner:
4.1. The Capital Gains Tax (CGT) due on the sale of the
subject Property shall be for the account of the SELLERS.
4.2. The documentary stamp taxes, registration and transfer
fees, and other expenses incident to the transfer of title over the
Subject Property to the BUYER shall be for the account of the
BUYER.
SECTION 5.
Transfer of Title. The mere presentation of this Deed of
Absolute Sale shall constitute sufficient authority for the Register of Deeds of
the City of Manila to transfer title over the Subject Property to the name of the
BUYER.
SECTION 6.
Representations and Warranties.
represent and warrant to the BUYER that:
6.1.

- The

SELLERS

Representations and Warranties by the SELLERS:

6.1.1. The SELLERS are the absolute owners of

the Subject Property, having acquired the same by
___________
succession
from
their
deceased
predecessor-in-interest, _________________, with a valid

right and authority to sell, dispose, convey and

transfer the same, free and clear from all liens,
encumbrances, charges, adverse claims of whatever
nature, contingent or otherwise, and security
interests, which may affect the Subject Property or the
SELLERS rights, title or interest therein;
6.1.2. The SELLERS have good and valid title to
the Subject Property. There are no third persons
claiming ownership of, or an interest in the Subject
Property, whether in or out of court or in quasi-judicial
or administrative bodies or tribunals, that may defeat
BUYERs title therein;
6.1.3. The SELLERS have settled the estate of
________________, as evidenced by the Deed of
Extrajudicial Settlement of Estate that they executed,
a copy of which is hereto attached as Annex C;
6.1.1. The SELLERS have paid all the taxes, fees
and charges required for the settlement of the estate of
________________, including, but not limited to, the
payment of estate taxes, and for this reason, the
SELLERS have secured a Certificate Authorizing
Registration, a copy of which is hereto attached as
Annex D;
6.1.2. All real property taxes and assessments
due on the Subject Property for the past and current
years have been fully paid;
6.1.3. Upon the execution of this Deed, SELLERS
shall deliver to BUYER any and all documents
necessary for the registration of the title to the Subject
Property in the name of BUYER, including but not
limited to the following:
a)
The Original of the Owners
Duplicate TCT registered under the
SELLERs name;
b)
The original and latest Tax
Declaration covering the Subject Property;
c)
Tax Clearance Certificate, duly
issued by the ____________, certifying that
the Real Estate Taxes (RPT) due on the
Subject Property have been fully paid, and

that there are no arrears in the payment

of such taxes; and
d)
Original and latest RPT official
receipts of the Subject Property.
6.1.4. All charges for electricity, water and
telephone services, as well as security services and
real property taxes, which have accrued until the
execution of this Deed of Absolute Sale, have been paid
in full by the SELLERS;
6.1.5. The BUYER shall immediately be entitled
to occupy, possess, utilize or otherwise use or dispose
of said property as absolute owner upon the signing of
this Deed of Absolute Sale; and
6.1.6. The Subject Property is not covered by any
existing lease agreement and is free of any tenants,
squatters, or occupants and shall remain to be so
upon its delivery to the BUYER. The SELLERS shall
render the BUYER free and harmless from any liability
arising from any adverse claims of third parties and/or
otherwise claims against the BUYER arising from
and/or in connection with the title of the SELLERS.
6.2. The BUYER represents and warrants to the SELLERS
as follows:
6.2.1 The BUYER has the full legal capacity to
buy and purchase the Subject Property from the
SELLERS;
6.2.2 The BUYER hereby represents and
warrants that he has inspected the Subject Property
and has found the same to be satisfactory and without
any unlawful occupants or squatters thereon; and
6.2.3 This Deed of Absolute Sale and all related
documents and deeds required on its part to be
executed under the terms hereof shall, upon execution
and signing, be valid, binding, and enforceable against
the BUYER in accordance with the respective terms.
SECTION 7. Attorneys Fees. Should any of the parties
hereto be compelled to seek judicial relief to enforce their rights
and interests under this Deed of Absolute Sale, the other party
shall pay to the former not less than One Hundred Thousand

Pesos (P100,000.00) as attorneys fees, in addition to any and all

damages, costs of litigation and other expenses to which the
aggrieved party is entitled to under the law.
SECTION 8.
Superseding clause. Any and all agreements
previously entered into by and between the parties, either verbal or written,
shall be deemed abandoned, cancelled and superseded by this Deed of
Absolute Sale.
SECTION 9.
Binding Effect. This Deed of Absolute Sale shall be
valid and binding upon the heirs, executors, administrators and assigns of the
SELLERS and the BUYER.
SECTION 10.
Applicable Law. - This Deed shall be construed under,
and governed by, the laws of the Republic of the Philippines.
SECTION 11.
Venue. - Any and all litigation arising from this Deed
shall
be
commenced
before
the
appropriate
courts
of
the
_____________________-, to the exclusion of all other courts.

IN WITNESS WHEREOF, the parties hereto hereby affixed their

signatures this ___________________ at ___________________.

_______________________________
Seller
TIN __________________

_______________________________
Buyer
TIN __________________

By:
____________________________________
Attorney-in-Fact of the Sellers

Signed in the Presence of:

________________________________

________________________________

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
) S.S.

BEFORE ME, this ________________ in ________________________, Metro

Manila, personally appeared the following:

Identification

Date Issued

Place Issued

_______________________________
(As Attorney-in-Fact of
___________________)
_______________________
known to me to be the same persons who executed the foregoing instrument,
and they acknowledged to me that the same is their own free act and deed.
This instrument consists of five (5) pages, including the page on which
this acknowledgment is written, signed by the parties and their two
instrumental witnesses on the left hand margin of all pages and on the space
provided for their signatures relates to a DEED OF ABSOLUTE SALE of a
parcel of land.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal
on this _______________ in _____________________.
Doc. No.
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Page No.
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Book No.
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Series of 2014.