EXTRA JUDICIAL PARTITION WITH WAIVER OF THE ESTATE -sample

EXTRA JUDICIAL PARTITION WITH WAIVER OF THE ESTATE OF THE LATE SPOUSES FEDERICO JAVAR & CANDELARIA DE TOMAS
This Extrajudicial partition of estate is made and executed by and among the heirs of late Spouses FEDERICO JAVAR & CANDELARIA DE TOMAS, namely:
	1.    FLORA A. JAVAR of legal age, widow of the late Fernando De Tomas Javar and a resident of Poblacion, Titay, Zamboanga Sibugay
	2.    ARNOLD A. JAVAR, of legal age, married and the 1st born child of the late Fernando Tomas and a resident of Ipil, Zamboanga Sibugay.
	3.    JOHN-JOHN A. JAVAR,  of legal age, married and the 2nd born child of the late Fernando Tomas and a resident of Tabina, Pagadian City.
	4.    CATHARINE A JAVAR, of legal age, married and 3rd born child of the late Fernando Tomas and a resident of Poblacion, Titay, Zamboanga Sibugay.
	5.    ARNEL A. JAVAR, of legal age, married and the 4th born child of the late Fernando Tomas and a resident of Valencia Bukidnon.
	6.    REYNOSO A. JAVAR, of legal age, married and the only heir of the late Rodolfo De Tomas Javar and a resident of Poblacion, Titay, Zamboanga Sibugay.
	7.    RAYMUNDO DE TOMAS JAVAR, of legal age, married and a resident of Poblacion, Titay, Zamboanga Sibugay.
	8.    HERMENIA J. ENTIA, of legal age, married and a resident of Poblacion, Titay, Zamboanga Sibugay.
	9.    VEVENCIA J. BABAYEN-ON, of legal age, married and a resident of Ipil, Titay, Zamboanga Sibugay.
	10. OFELIA J. AGTOTO, of legal age, married and a resident of Ipil, Titay, Zamboanga Sibugay.
	11. TERESITA J. REYNALDO, of legal age, married and a resident of Ipil, Titay, Zamboanga Sibugay.
	12. DIONESIO DE TOMAS JAVAR, of legal age, married and a resident of Mabini, Titay, Zamboanga Sibugay.
	13. PATERNO DE TOMAS JAVAR, of legal age, married and a resident of Mabini, Titay, Zamboanga Sibugay.
	14. FEDERICO DE TOMAS JAVAR, of legal age, married and a resident of Poblacion, Titay, Zamboanga Sibugay.
	15. REYCARIDO DE TOMAS JAVAR, of legal age, married and a resident of Poblacion, Titay, Zamboanga Sibugay.
	16. ROBERTO DE TOMAS JAVAR, of legal age, married and a resident of Ipil, Titay, Zamboanga Sibugay.
WITNESSETH:
That herein parties are the surviving children/ grand children and sole heirs of the late Spouses FEDERICO JAVAR & CANDELARIA DE TOMAS who died on October 23, 1997 & January 21, 2013 respectively in Poblacion, Titay, Zamboanga Sibugay, without any will.
That the said deceased, at the time of their death, left a certain real property, specifically described as:
	1.      A parcel of land in the name of FEDERICO JAVAR identified as lot no. 3003, Pls 248, having a Tax Declaration no. A-15-0001-00957 situated at Poblacion, Titay, Zamboanga Sibugay. Bounded on the North by lot no. 3004 on the East by road; on the South by lot no. 3002; and on the West by road, containing an area of Seven Hundred Forty Five Square Meters (745 sq.m.) more of less.
	1.       A parcel of residential land in the name of CANDELARIA DE TOMAS identified as lot no. 3005, Pls 248, having a Tax Declaration no. A-15-0001-00954 and a Title no. P-42,290 situated at Poblacion, Titay, Zamboanga Sibugay. Bounded to West – Along line 4-1 by lot 3006; East Along line 1-2 by road 15m; Along line 2-3 by lot 3004; Along line 3-4 by road 10m., containing an area of Seven Hundred Forty Forty Eight  Square Meters, (748 sq.m.) more of less.
	That no personal properties are involved in this extrajudicial settlement.
	That to the best of knowledge of the herein parties, the deceased left no debts;
That the herein parties being all of legal age and with all civil capacities to contract, hereby by these presents agree to divide and adjudicate, as they hereby divide and adjudicate unto and to the following, the above-described real estate as follows:
	1.      RAYMUNDO DE TOMAS JAVAR – A parcel of residential land, identified as lot no. 3003, Pls 248, having a Tax Declaration no. A-15-0001-00957 situated at Poblacion, Titay, Zamboanga Sibugay. Bounded on the North by lot no. 3004 on the East by road; on the South by lot no. 3002; and on the West by road, containing an area of Seven Hundred Forty Five Square Meters (745 sq.m.) more of less.
	2.    FERNANDO DE TOMAS JAVAR & HERMENIA J. ENTIA - A parcel of residential land identified as lot no. 3005, Pls 248, having a Tax Declaration no. A-15-0001-00954 and a Title no. P-42,290 situated at Poblacion, Titay, Zamboanga Sibugay. Bounded to West – Along line 4-1 by lot 3006; East Along line 1-2 by road 15m.; South - Along line 2-3 by lot 3004; West - Along line 3-4 by road 10m., containing an area of Seven Hundred Forty Eight  Square Meters, (748 sq.m.) more of less, will be equally shared by assigning to each of them an area of THREE HUNDRED SEVENTY FOUR SQUARE METERS (374 sq.m.) more or less.
The foregoing adjudication of property shall be in conformity with the agreement of all the heirs.
That I RAYMUNDO D. JAVAR being the heir of the late Spouses FEDERICO JAVAR & CANDELARIA DE TOMAS, by virtue of this instrument I WAIVE AND RELINGQUISH to RAYMUNDO T. JAVAR  married, of  legal age, Filipino and resident of Poblacion Titay, Zambaonga Sibugay all my rights and to his heirs by assigning an area of  THREE HUNDRED NINE SQUARE METERS (309 SQ.M.) more or less, to RCC DIOCESE OF IPIL (Rep. by Salvacion J. Delante) and situated at Ipil, Zamboanga Sibugay by assigning an area of NINETY THREE SQUARE METERS (93 SQ.M.) more or less, and to JOELITO TORREJOS married, of  legal age, Filipino and resident of Poblacion, Titay, Zamboanga Sibugay, by assigning an area of ONE HUNDRED SEVENTEEN SQUARE METERS (117 SQ.M.), more or less and I DO HEREBY SELL, TRANSFER, RELINQUISH  all my rights and interest in the above-described property  to SALVACION JAVAR DELANTE married, likewise of legal age, and resident of Poblacion, Titay, Zamboanga Sibugay, by assigning an area of TWO HUNDRED TWENTY SIX SQUARE METERS (226 SQ.M.) more or less, for a consideration of THIRTY THOUSAND (P30,000) PESOS in Philippines Currency as my full satisfaction, all of these will be taken from the above described property with all the improvements found thereon, free from all liens and encumbrances.
That WE, FLORA A. JAVAR, ARNOLD A. JAVAR, JOHN-JOHN A. JAVAR,  CATHARINE A. JAVAR, and ARNEL A. JAVAR, wife and children of the late  Fernando de Tomas Javar, by virtue of this instrument WE DO HEREBY SELL, TRANSFER, RELINQUISH  all our  rights and interest in the above-described property representing our  share in favor of FLORA A. JAVAR, likewise of legal age, single and resident of Poblacion, Titay, Zamboanga Sibugay, by assigning an area of  THREE HUNDRED SEVENTY FOUR SQUARE METERS (374 SQ.M.) more or less, for a consideration of THIRTY THOUSAND (P30,000) PESOS in Philippines Currency as our full satisfaction, all of these will be taken from the above described property with all the improvements found thereon, free from all liens and encumbrances.
That to the purposes of this partition, the parties hereto have caused the above described properties such that Lot no. 3003 Pls 248 to be subdivided into Lot 3003-A, Lot 3003-B, lot 3003-C and Lot 3003-D, while Lot 3005 Pls 248 to be subdivided into Lot 3005-A and Lot 3005-B as per “Survey Returned” prepared by Ramel H. Makasiar/ Geodetic  Engineer done on 9/7/2015 and 9/18/2015 respectively all of HP Deskjet 1510 which are attached hereto as Annexes “A” & “B” respectively,  and made integral parts of this agreement;
NOW THEREFORE, the parties hereto have mutually and voluntarily agreed to partition and adjudicate their common property as above-described, in the  manner as follows to wit:
Lot no. 3003, Pls 248
	1.      Raymundo T. Javar		Lot no. 3003-A	Area =		309	sq.m.
	2.      Salvacion Javar Delante		Lot no. 3003-B	Area =		226	sq.m.
	3.      RCC Diocese of Ipil Represented by Salvacion Javar Delante		Lot no. 3003-C	Area =		93	sq.m.
	4.      JoelitoTorrejos		Lot no. 3002-D	Area =		117	sq.m.
Lot no. 3005, Pls 248
	1.      Flora Javar		Lot no. 3005-A	Area =		374	sq.m.
	2.      Hermenia J. Entia		Lot no. 3005-B	Area =		374	sq.m.
IN WITNESS WHEREOF,  the parties hereto have hereunto set their hands this _____ day of _____ 2015, in the Municipality of Titay, Province of Zamboanga Sibugay, Philippines.
	FLORA A. JAVAR		ARNOLD A. JAVAR			JOHN-JOHN A. JAVAR
	Heir		Heir			Heir
	CATHARINE A. JAVAR		ARNEL A. JAVAR			REYNOSO JAVAR
	Heir		Heir			Heir
	RAYMUNDO D. JAVAR		HERMENIA JAVAR ENTIA			VEVENCIA JAVAR BABAYEN-ON
	Heir		Heir			Heir
	OFELIA JAVAR AGTOTO		TERESITA JAVAR REYNALDO			DIONESIO D. JAVAR
	Heir		Heir			Heir
	PATERNO D. JAVAR		FEDERICO DE TOMAS JAVAR			REYCARIDO D. TOMAS
	Heir		Heir			Heir
	ROBERTO D. JAVAR
	Heir
Signed in the presence of:
	1			2
		Witness				Witness
ACKNOWLEDGMET
Republic of the Philippines)
Ipil, Zamboanga Sibugay ) s.s
	BEFORE ME,  notary public in Ipil, Zamboanga Sibugay, personally appeared:
				CTC No.		Issued On			Issued At
	1.      FLORA A. JAVAR
	2.      ARNOLD A. JAVAR
	3.      JOHN-JOHN A. JAVAR
	4.      CATHARINE A. JAVAR
	5.      ARNEL A. JAVAR
	6.      REYNOSO JAVAR
	7.      RATMUNDO DE TOMAS JAVAR
	8. HERMENIA J. ENTIA
	9.      VEVENCIA J. BABAUEN-ON
	10.      OFELIA J. AGTOTO
	11.  TERESITA J. REYNALDO
	12. DIONESIO DE TOMAS JAVAR
	13. PATERNO DE TOMAS JAVAR
	14.  FEDERICO DE TOMAS JAVAR
	15.  REYCARIDO DE TOMAS JAVAR
	16.  ROBERTO DE TOMAS JAVAR
And their witnesses, known to me to be the persons who executed the foregoing EXTRA JUDICIAL PARTITION OF THE ESTATE OF THE LATE _________________  and acknowledged the same to be their free act and deed.
All pages of this document, consisting of two (3) pages including the page upon which this acknowledgement is written have been signed by the parties and their witnesses.
WITNESS MY HAND AND SEAL.
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