DEED OF Absolute SALE 2 - Law PDF

Preview

Summary

Law...

Description

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS: This DEED OF ABSOLUTE SALE is made and executed in Angeles City, this 7 day of September 2020, by and between: th

MARCO MASANTING, of legal age, Filipino Citizen, married, and a resident of 160 San Pascual Compound, Brgy. Cutcut, Angeles City, hereinafter referred to as the VENDOR/SELLER; 

and –

MALOU MALAGU, of legal age, married, ilipino Citizen, and a resident of 160 San Pascual Compound, Brgy. Cutcut, Angeles City, hereinafter referred to as the VENDEE/BUYER;

WITNESSETH: WHEREAS, the VENDOR/SELLER and the VENDEE/BUYER are husband and wife but both agreed for the separation of their property under Article 191. WHEREAS, the VENDOR/SELLER is the registered owner of a parcel of land, with improvement, situated in Lot 2 Blk. 170 DECA Clark Resort and Residences, Tacondo, Angeles City, Pampanga, covered by and described in Transfer of Certificate of Title No. 0452015123456, free from all liens and encumbrances. WHEREAS, the VENDOR/SELLER has offered for sale the aforementioned parcel of land, with improvement, consisting a total area Two Hundred (200) square meters, situated in Lot 2 Blk. 170 DECA Clark Resort and Residences, Tacondo, Angeles City, Pampanga, covered by and described in Transfer of Certificate of Title No. 045-2015123456. WHEREAS, the VENDEE/BUYER desires to purchase the aforementioned parcel of land, with improvement, situated in Lot 2 Blk. 170 DECA Clark Resort and Residences, Tacondo, Angeles City, Pampanga, covered by and described in Transfer of Certificate of Title No. 045-2015123456. NOW THEREFORE, that for and in consideration of the sum of SEVEN HUNDRED THOUSAND PESOS PHILIPPINE CURRENCY [PhP 700,000.00], receipt of which is hereby acknowledged and professed by the VENDOR/SELLER. the VENDOR/SELLER hereby SELLS, TRANSFERS AND CONVEYS the land described as parcel of land, with improvement, situated in Lot 2 Blk. 170 DECA Clark Resort and Residences, Tacondo, Angeles City, Pampanga, covered by and described in Transfer of Certificate of Title No. 045-2015123456, unto the VENDEE/BUYER, MALOU MALAGU, her heirs, assigns and successors-in-interest, free from all liens and encumbrances whatsoever. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 7 day of September 2020, in Angeles City. th

MARCO MASANTING Vendor/Seller

MALOU MALAGU Vendee/Buyer SIGNED IN THE PRESENCE OF:

______________________

_____________________

ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES) ANGELES CITY ) S.S. BEFORE ME, a Notary Public in and for the City of Angeles City, this 7 day of September 2020, personally appeared: th

NAME ID NAME & NO. MALOU MALAGU MARCO MASANTING

EXPIRATION DATE

who have satisfactorily proven to me their identities through their identifications indicated above, that they are the same persons who executed and voluntarily signed the foregoing document, DEED OF ABSOLUTE SALE, consisting of two (2) pages including this page, which they acknowledged before me as their free and voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL, this 7 day of September 2020, in the City of Angeles. th

Book No. _________ Series 2020.

ATTY. JUAN DELA CRUZ NOTARY PUBLIC

DEED OF SALE NO. 2 THE DEED OF SALE IS NOT VALID.

“Article 1490. Husband and wife cannot sell property to each other, except 1.) When separation of property was agreed upon in marriage settlements 2.) When there has been judicial separation of property under Article 191”

For the contract of sale to be valid, the capacity to buy or sell must be taken into consideration. However, the scenario above shows that the vendor/seller and the vendee/buyer are husband and wife which is clearly in violation of Article 1490. They are considered relatively incapable therefore making the contract of sale void....