New Marketing Partner Contract 2022
New Marketing Partner Contract 2022
New Marketing Partner Contract 2022
This Contract of Engagement is made and executed at Cebu City, Philippines, by and
between:
And
WITNESSETH
WHEREAS, the Marketing Partner/Salesperson has represented to the PRINCIPAL that the
former possesses the skills, qualifications and abilities necessary to contribute to the
PRINCIPAL’s business;
WHEREAS, the parties mutually agree and accept the terms and conditions set forth within this
Agreement;
1. NATURE OF ENGAGEMENT
1.1 Leuterio Realty and Brokerage/Filipino Homes is a sales and marketing enterprise dealing
primarily with real estate products, rentals, property-related shares as well as brokerage
services. THE MARKETING PARTNERS’ engagement with Leuterio Realty and
Brokerage is CO-AGENCY/ AFFILIATE/ CO-MARKETER in nature. By engaging in and
affiliating with Leuterio Realty and Brokerage/Filipino Homes, the MARKETING
PARTNER has been given the privilege to use the brand in relation to the properties sold in
behalf of Leuterio Realty and should at all times protect its reputation.
1.2 The engagement with Leuterio Realty, is independent in nature and DOES NOT
CONSTITUTE AN EMPLOYER-EMPLOYEE RELATIONSHIP neither shall such
engagement be understood as rights to own shares of stocks nor a presumption of a joint
venture.
1.3 The Marketing Partner/Sales person shall hold Leuterio Realty/Filipino Homes free from
any liability arising from its own independent actions, including those which may be in
conflict of another, or in violation of its laws, ordinances, rules and regulations.
2.1 This contract enters into force on ___________________, effective for ___ years/ months.
2.2 This contract shall be automatically renewed for successive period, unless terminated by
either party by notice given in writing and received by the other party at least thirty (30)
days prior to expiration, by means of communication ensuring evidence and date of receipt
(e.g. registered mail with return receipt, special courier).
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2.3 This Agreement shall take effect upon being signed by and affixed with the seal hereunto by
the authorized representatives of the Parties until the term of contract expires.
The MARKETING PARTNER undertakes that he or she possesses and will continue to
possess the continuing requirements, herein set forth below, prescribed by PRINCIPAL to
be considered as a marketing partner of PRINCIPAL:
The MARKETING PARTNER understands that the following continuous requirements are
prescribed in order to be considered as an international marketing partner:
3.2.1 Submission of Membership Form duly signed by the Sponsor, Team Leader and
Leuterio Realty;
3.2.2 Compliance with registering in Leuterio Realty’s official website
(www.leuteriorealty.com,www.filipinohomes.com and www.rent.ph)
3.2.3 Signed copy of Product Knowledge Seminar (PKS) Form
3.2.4 Signed copy of this Policy. (www.leuteriorealty.com/contract)
For all intents and purposes, the following terms shall be used in reference to the
relationship of a marketing partner with and among the members of Leuterio Realty:
“Sponsor” refers to the marketing partner who has recruited another to join Leuterio
Realty and Brokerage.
“Loveline” refers to the relation between a Team Leader with another Team
Leader.
“Network” refers to the collective membership of marketing partners, and entities, with
which Leuterio Realty does business with.
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“Property Endorser” refers to an agent who has attended seminars and roadshows
locally.
“International Property Endorser” refers to an agent who has attended seminars and
roadshows internationally.
The above terms may be redefined or expanded according to the needs of the realty and
its members.
5. CONJUGAL AFFILIATION
A marketing partner may recruit his/her spouse to join in Leuterio Realty. In this case, Leuterio
Realty shall assume and treat their affiliation as a single membership. Any sale made by any of
them shall be credited as a single sale and is not subject to override by the sponsoring spouse.
No marketing partner shall be admitted in Leuterio Realty and Brokerage whose spouse belongs
to another realty. Violation hereof shall cause automatic removal of the marketing partner, as
well as, the spouse, without prior notice.
Unless already resigned substantiated with proper proof of resignation from previous company,
no person shall be admitted as marketing partner in Leuterio Realty and Brokerage if the
applicant is, either an in-house agent of a developer or realty or a member of another realty.
The MARKETING PARTNER understands and undertakes to abide by the following duties and
responsibilities as a marketing partner:
7.1 To comply with all the requirements pertaining to his/her practice in real estate
prescribed by law;
7.2 To actively participate in trainings and seminars, events, and other activities for
professional or self-improvement;
7.3 To attend Product Knowledge Seminars (PKS) of developers and to be able to
represent properly the information given in those seminars;
7.4 To be resourceful and self-initiated at all times to obtain accurate and updated
information when it comes to inquiries of clients pertaining to a project, or a property for
sale or rent;
7.5 To submit to the marketing system set forth by Leuterio Realty and to diligently use
the tools and facilities provided by Leuterio Realty;
7.6 To help build the network by inviting qualified marketing partners and to guide them
in complying with their affiliation with the company, provide basic information about the
business and to assist, when needed, in servicing clients.
7.7 To be transparent, honest in their dealings with their clients, colleagues in Leuterio
Realty and to the real estate industry as a whole;
7.8 To solely use the Leuterio Realty network only for the business with which it is
designed for. Further to this, the member understands that he/she is prohibited to use the
network, including its database of members and contacts, and other resources to recruit or
to invite to network member to sell products and/or services outside of what has been
endorsed by Leuterio Realty.
7.9 To appropriately conduct himself with decency and respect when it comes to his/her
demeanor and language;
7.10 To observe proper dress code in doing business in the office, participation in events,
and in dealing with clients. Leuterio Realty may prescribe certain apparel on particular
occasions or events which the MARKETING PARTNER undertakes to abide to. Leuterio
Realty reserves the right to deny entry to said events for non-compliance. (Please refer to
the proper dress code posted in the office and website)
7.11 To submit, when necessary, to any testing, whether randomly or arranged, pertaining
to drug abuse or contagious disease.
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7.12 To avoid and/or refrain from using the brand without the consent from Leuterio
Realty.
7.13 To use Filipino Homes in his/her Facebook profile only if an active marketing partner.
8. PROPER DESIGNATION
A marketing partner must only use the proper designation and no other terms for uniformity
and to avoid confusion to the public.
“Property Endorser” refers to an agent who has attended seminars and roadshows
locally.
“International Property Endorser” refers to an agent who has attended seminars and
roadshows internationally.
Any marketing partner may disaffiliate with Leuterio Realty at any time, provided, notice is
given to the PRINCIPAL at least thirty (30) days prior to the effectivity of the disaffiliation by
submitting a disaffiliation letter. In this case, upon effectivity of the disaffiliation, the resigned
marketing partner shall IMMEDIATELY CEASE the use of logos and symbols of Leuterio
Realty and its partner brands in any of his/her marketing materials whether in print or digital
versions, specifically in his/her Facebook profile.
Identifications and other semblance of engagement must also be surrendered to Leuterio Realty
upon resignation.
Certificate of Clearance will be issued once cleared from all liabilities and accountabilities from
the company or that they have no pending investigation or case with respect to real estate
transaction.
Leuterio Realty reserves the right and the MARKETING PARTNER allows Leuterio Realty to
withhold, deduct or forfeit the marketing partner’s commission or collectibles for whatever
accountabilities he/she has with Leuterio Realty upon the MARKETING PARTNER’S
disaffiliation.
A marketing partner may be considered inactive if he/she has not made a sale for a period of six
(6) months or has not logged in to the website for three (3) months. In such event, the said
marketing partner may be removed from Leuterio Realty’s official roster of active affiliates or
can be a ground of termination of this Agreement, at the option of Leuterio Realty, without prior
notice to the MARKETING PARTNER. It is the responsibility of said inactive affiliate to
remove all semblance of affiliation as if he/she has resigned.
Subject to the approval of Leuterio Realty, an inactive marketing partner may be reactivated only
upon recommendation of his/her team leader and provided that the inactive marketing partner
has made a sale.
Except for commissions, entitlements such as overrides of an inactive marketing partner shall
automatically cease or shall be transferred in favor of his team leader or Leuterio Realty upon the
marketing partner’s disaffiliation with Leuterio Realty.
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13. NON CONFORMITY TO BRANDING STANDARDS
Leuterio Realty reserves the right to deactivate without prior notice any member who has
continued to carry the company’s brands but has not complied with the branding standards.
An inactive or resigned marketing partner may apply with Leuterio Realty subject to the
approval of the President. Inactive marketing partner must have sale in order to be reactivated.
Such application shall be deemed as new and subject to the requirements provided in this Policy.
In order to be reactivated, the marketing partner has to meet the following requirements:
If upon determination by Leuterio Realty, specifically by the President, that a Unit Manager fails
to function effectively, his/her team members may be transferred to another team, provided, that
the said transfer will be subjected to the President’s approval.
The team leader may be held liable in accordance with law for the acts and violations done by
the marketing partner that he/she endorsed to Leuterio Realty.
A marketing partner may disaffiliate with their team at any time by submitting a disaffiliation
letter addressed to the President. All requests must be approved by the President of Leuterio
Realty or its duly authorized representative/alter ego.
The President represents the voice of the entire organization and the brands that the marketing
partners carry. The President can send letter of recommendation to the team leader/unit manager
in relation to the letter submitted.
Disaffiliated marketing partner shall IMMEDIATELY CEASE the use of team logos and
symbols and its team brands in any of his/her marketing materials whether in print or digital
versions, specifically in his/her Facebook profile. Identifications and other semblance of
engagement must also be surrendered upon resignation. Leuterio Realty through its President or
its authorized representative/alter ego will be the one to assign as to which broker he/she will be
supervised.
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Letter of Acceptance to Team Disaffiliation will be issued once cleared from all liabilities and
accountabilities from the team or that they have no pending investigation or case with respect to
real estate transaction within the team.
Upon approval of the resignation, overrides shall still be enjoyed by the Sponsor and the
Team Leader only for the sales made by the marketing partner prior to his/her resignation.
Subsequent sales made by the marketing partner shall be credited to his new team after
resignation.
Request for transfer to another team may be done only after six (6) months of engagement with
the team with which the marketing partner belongs. Team transfer request must be in writing.
Such request may be made by way of a formal notice to the Team Leader/Unit Manager and
President of Leuterio Realty. All requests must be approved by the President or its duly
authorized representative/alter ego.
Unless allowed by the President, a marketing partner is only allowed up to three (3) team
transfers during the lifetime of his/her engagement with Leuterio Realty.
Letter of Acceptance to Team Transfer will be issued once cleared from all liabilities and
accountabilities from the team or that they have no pending investigation or case with respect to
real estate transaction within the team.
Upon approval of the transfer, overrides shall still be enjoyed within the calendar
month by the Team Leader/Unit Manager only for the sales made by the
marketing partner prior to his transfer. Subsequent sales made by the marketing
partner shall be credited to his new team after the transfer.
19.3 Incentives
Depending on the project sold, the marketing partner may also receive incentives given by the
developer. Leuterio Realty may, at its discretion, give additional incentives to marketing partners
for outstanding sales performance.
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As a standard, the starting commission of a marketing partner for every unit sold in a project or
from the property developer is two and a half percent (2.5%). The rate shall increase depending
on the sales performance of the marketing partner in a given period and upon the discretion of
his/her team leader and the President of Leuterio Realty. Leuterio Realty reserves the right to
reduce the commission level of a marketing partner in situations where the developer gives less
than five percent (5%) commission to Leuterio Realty for every unit sold.
A marketing partner can increase his commission level upon reaching a certain level of
accumulated sales. (See sample table below)
Upon reaching the accumulated sales volume, a marketing partner’s newly-adjusted rate shall
apply to his succeeding sale.
If and when a cancelled or withdrawn sale affects a marketing partner’s commission level, his
rate shall revert back to his highest commission level.
A licensed real estate broker who has joined Leuterio Realty and Brokerage shall automatically
enjoy a four percent (4%) rate for every sale made in a project. It is also understood that the said
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broker shall comply within three (3) months, the required number of recruited or sponsored
marketing partners of not less than five (5), to enjoy his/her override.
Likewise, a marketing partner who has become a licensed real estate broker shall also enjoy the
same rate of four percent (4%).However, this new rate shall apply only to his succeeding sales as
a broker. Number of recruited or sponsored marketing partners not less than fifteen (15) is
required to enjoy his/her new override rate.
The prevailing industry commission for a successful brokerage sale ranges from three to five
percent (3-5%) of the property’s selling price. The marketing partner hereby understands that
his/her commission is subject to a royalty fee of fifteen percent (15%) for Leuterio Realty. It is
further understood that Leuterio Realty and Brokerage has no control over the release of
commissions out of a brokerage sale thus, this sales endeavor may come with financial risks as
Leuterio Realty cannot be held accountable for a delayed release of commission. The marketing
partner understands that the release of commission is solely within the control of the developer.
In addition, marketing partner who had successful brokerage sale is a responsible tax payer.
He/She is liable to pay their own taxes correctly and on time.
The prevailing industry commission for a successful marketing of a rental space is one month of
one year’s rent, or more or less, eight and a half percent (8.5%) of the total rent contract. The
marketing partner hereby understands that his/her commission is subject to a royalty fee of
twenty percent (20%) in favor of Leuterio Realty. It is further understood that Leuterio Realty
and Brokerage has no control over the release of commissions out of marketing a rental thus, this
endeavor may come with financial risks as Leuterio Realty cannot be held accountable for a
delayed release of commission. The marketing partner understands that the release of
commission is solely within the control of the developer.
In addition, marketing partner who had successful rental transaction is a responsible tax payer.
He/She is liable to pay their own taxes correctly and on time.
Leuterio Realty is a responsible tax payer and expects its partners to be the same. Marketing
partners are expected to pay their taxes correctly and on time. It is also understood that the
remuneration or incentives of the marketing partner are subject to tax deductions as required by
law.
Split commissions require a BIR-registered receipt of the agent to be issued to the developer.
Agents are responsible for paying taxes on a regular basis.
Leuterio Realty is a VAT Registered and is required to pay its monthly (2205m Form) and
quarterly (1701Q Form) at BIR. Only Non-VAT Registered marketing partner will pay quarterly
obligation at BIR.
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20.1.1 No marketing partner is allowed to engage in a brokerage sale unless he / she:
c) Furnish an original copy of the Authority to Sell, in the case of brokerage or Rent
Agency and Promotion Agreement (RAPA) in the case of rental, to Leuterio Realty
and photocopy of the same to his/her team leader and;
d) Upon obtaining all pertinent documents of the property, marketing partner must
immediately upload the listing to Leuterio Realty’s website (www.leuteriorealty.com
and www.filipinohomes.com) or Rent.ph (www.rent.ph) and update the same every
month. Online inquiries must be responded with a hyperlink of the listing.
All marketing partners are to only solicit listings directly from the owners and from Leuterio
Realty marketing partners. Listings from within Leuterio Realty network shall not be brokered to
another colleague.
Listings sourced from outside Leuterio Realty must come with a Memorandum of Agreement
(MOA) citing therein the following:
a) Full disclosure of the property to be brokered containing the names of the owner(s)
and the terms of the sale and the selling parties (buying and selling agent);
b) The commission due the listing agent and to the agent of Leuterio Realty.
Leuterio Realty may at its discretion request the marketing partner to produce documents of the
property for due diligence.
In the same manner, buyers sourced from another realty or parties must come with a
Memorandum of Agreement with another agent (outside of Leuterio) citing therein the
following:
a) Details of the property to be brokered containing the names of the owner(s) and the
terms of the sale and;
b) The commission due the listing agent and to the agent of Leuterio Realty and;
c) The royalties to be paid to Leuterio Realty and Brokerage whenever applicable.
For shared commission on a brokerage sale, the following rules shall be strictly applied:
a) Fifty percent (50%) share to the buying agent and fifty percent (50%) share to the
selling agent and;
b) Unless stated in a contract, division of commissions is hereby prohibited.
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21.4 If you apply to become a lead broker, you must be hired as consultant and must be the
one to help the developer from its inception and you must provide staff as support
group. All must be put into writing.
21.5 In order for a broker to qualify for Lead Brokering, you must present a written
program, plans and marketing strategy on how to focus on Developer’s projects and
developments.
21.6 If a team is doing a lead brokering, there must be an office to support closing, assisting
clients and other Sales Service Support.
21.7 Lead Brokering must be Fulltime with Filipino Homes.
In order to maximize the earning potential of its marketing partners, Leuterio Realty and its
marketing partners shall endorse products and services related to the real estate business which
may include but not limited to insurance, property management, home furnishings, hardware and
other ventures.
The President
The President is the Chief Executive Officer of Leuterio Realty and Brokerage and is the seat of
business direction and decision-making on matters pertaining to the organization. He represents
the voice of the entire organization and the brands that the marketing partners carry.
The National Sales and Marketing Directors (NSMDs) are comprised of appointed officers of the
organization being pioneering members and leaders of Leuterio Realty and Brokerage. It serves
as a consultative body to assist the President in decision-making as well as the organization’s
Board of Corporate Planning. The President from time to time may assign any or the entire
Board to assist in drafting new policies, formulate new marketing strategies, and other areas of
concern that may arise out of the ordinary course of the organization.
New guidelines for those who will conduct advance lessons, trainings and seminars such as new
agent’s orientation, online marketing, brokerage, and other sales seminar programs currently
conducted or in the future, thus, the designated speakers must have:
REQUIREMENTS:
Certificates of seminars/training attended
Proof of 50M personal sales with office staff signature
Proof of affiliation (At least 6 months)
Recommendation letter from pioneer trainer
At least three (3) minutes video clip presentation for evaluation
Certificate of The Official Speakers’ Pools
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As real estate industry grows, the advantages of investing an office and building your team
begins to grow. Physical office set up helps you get closer to the market you serve and uplift the
quality of services offered. Unit Manager who wants to open an office must comply with the
following requirements:
Should there be a need to receive the money, for expediency, the marketing partner must:
a) Inform his/her Leader/ Unit Manager and the office immediately by email and text
message that the client has offered to course the money through him/her;
b) Disclose the amount and other details of the transfer and;
c) Upon receipt of the cash, the marketing partner must present the transaction copy of
the remitted amount to his/her Leader/ Unit Manager and to forward the same
without delay within twenty four (24) hours to his /her Team Leader or to the office,
or to the intended person or company.
Violation of this policy shall constitute termination and/or filing of appropriate legal action.
All marketing partners must accurately report their sales on the website immediately after his
client’s reservation (for project sale) or upon receipt of commission (for rental or brokerage sale)
along with a proof of transaction.
Commission releases, incentives and awards are based on the reported sale of a marketing
partner. Marketing partner herein understands that inaccurate entry, delayed or non-entry of
sales, or lacking in proof of payment may cause non-payment and/or delay of commission or
incentive or may cause forfeiture of his sales awards.
Further, amount to be reported should be based on the Total Contract Price (TCP) if sales
coming from a developer, and from the actual commission received for sales coming from
brokerage or rental. In case of cancelled sales, it is the duty of the marketing partner to correct
their sales as soon as possible.
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27.2 False entries in the recording of sale for the purpose of obtaining rewards is a serious
offense and may cause a marketing partner’s termination if found guilty. False entries shall
mean:
a) Overstatement or understatement of sales amount;
b) Double-posting of a sale and;
c) Continued posting of a cancelled sale.
Leuterio Realty and Brokerage is a business organization and as such encourages its marketing
partners to discuss matters pertaining to the products and services it offers, plans, marketing
strategies, and learning. It is hereby prohibited between and among members of Leuterio Realty
to:
Marketing partners may raise a complaint against a developer or its personnel through Leuterio
Realty by doing the following:
a) Send a formal letter citing the reason/nature of complaint along with proof or documentary
evidence. This may be sent via email or in printed form and;
b) Furnish a copy of said complaint to his Team Leader and to the President.
In case of a conflict arising in the organization, marketing partners are hereby prohibited to
discuss their grievances against any member or Team Leader nor are they allowed to raise their
complaints to outside parties or to another marketing partner.
Disagreements Arising in Sales Team / Sales Units. Conflicts between or among marketing
partners within the sales team must be heard first by the Unit Manager(s). In case the Unit
Manager(s) is/are unable to resolve said conflict or dispute, the Sales Team Leader may call the
conflicting parties again for settlement. If such remains unresolved, the Sales Team may elevate
the case to the President for final decision.
Arbitration Council
The President may also organize an Arbitration Council of Leaders comprising of five (5) Sales
Managers in different offices, who will hear the case of the conflicting parties to offer their
views and proposed resolution of the case. The resolution shall be submitted to the President for
approval. The President, may adopt the view of the majority of the Council or may come up with
his own judgment.
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Forwarding a complaint
The following shall be made by the marketing partner when raising a complaint against any
marketing partner or a Team Leader.
a) Send a formal letter to ___________ citing the reason/nature of complaint along with proof or
documentary evidence. This may be sent via email or in printed form and;
b) Furnish a copy of said complaint to his Team Leader and the President.
All marketing partners are expected to abide by or adhere to the ethical standards and practices
of the real estate industry. Furthermore, it is also understood that as a marketing partner, you
hereby agree to abide by Leuterio Realty’s Code of Ethics. (See website)
In order to protect the reputation of Leuterio Realty, marketing partners that have been
terminated, resigned or inactive shall be published in its website or in periodicals. The marketing
partner hereby agrees that such is necessary to prevent undue misrepresentation. Leuterio Realty
shall, however, take every precaution in the publication of such persons insofar as allowed by
law.
33. CONFIDENTIALITY
In connection with the performance of his/her engagement, the marketing partner may be
exposed to confidential and proprietary information of Leuterio Realty and Brokerage including
trade secrets, financial information, instructions, technical know-how, methods and procedures
for operation, information about employees, customers, marketing strategies, services, business
or technical plans and proposals, in any form and any other information relating to parties that
Leuterio Realty and Brokerage has done business with that is not generally known to the public
at large.
Marketing partners undertakes to not disclose to persons outside of Leuterio Realty any of its
proprietary materials whether digital or otherwise, inventions, including access to his/her account
in the website, discussion of its marketing system, business model, and partners, private
documents without the written consent of the President. Leuterio Realty reserves the right to take
appropriate legal action in violation hereof.
The marketing partner covenants and agrees that during the term of his/her affiliation with
Leuterio Realty and for twelve (12) months after the termination thereof, regardless of the
reason, he/she will not, directly or indirectly, solicit or attempt to solicit any business from any
of Leuterio Realty’s Customers, Customer Prospects, or Vendors with whom he/she had Material
Contact during the last two (2) years of the marketing partner’s affiliation with Leuterio Realty.
This Agreement and the interpretation of its terms shall be governed by and construed in
accordance with the Philippine Laws and subject to the exclusive jurisdiction of the courts in
Cebu City.
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36. SUBMISSION TO COMPANY POLICY AND CODE OF CONDUCT
All existing and future company regulations and policies are deemed incorporated in this
contract
Any subsequent amendments to the provisions of this contract, provided the same is with
conformity of Leuterio Realty, shall be deemed incorporated herein and shall automatically
amend this Contract.
Likewise, members should at all times adhere to existing policies, code of conduct, rules and
regulations laid down by Leuterio Realty/Filipino Homes, comply with the requirements, and
shall at all times uphold its principles and values.
If any word, phrase, sentence, paragraphs, provisions or sections of this contract or any
document, instrument or agreement provided for herein or executed in connection herewith shall
be held, declared or renounce void, voidable, invalid, unenforceable or in operative, for any court
or competent jurisdiction or governmental authority such holding, declaration or pronouncement
shall not adversely affect any other word, phrase, sentence, paragraph, provision or section of
this contract herewith shall remain in full force and effect and be enforced in accordance with its
terms and the effect of such holding declaration, pronouncement shall be limited to the territory
or the jurisdiction in which it was made.
IN WITNESS WHEREOF, the parties have hereunto set their hands on this
____________________, at _______________, Philippines.
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_____________________________
I.D. No. ________________
___________________________ _____________________________
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Cebu, personally appeared the parties to
this deed along with their competent proof of identity:
Name ID No. Expiry
ANTHONY GERARD O. LEUTERIO ________709________ ________________
______________________________ ____________________ ________________
who is 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 act and voluntary deed.
This instrument, consisting of Fifteen (15) pages, including the page on which this
acknowledgment is written, has been signed on each and every page thereof by the concerned
party and her witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL on this ___ day of __________ at __________, Philippines.
Doc. No. ________.
Page No.________.
Book No.________.
Series of 2022.
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