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Deed of Assignment and Transfer of Rights

This document is a deed of assignment and transfer of rights regarding a property located in Kawit, Cavite from Ivy M. Bartina-Esguerra (Assignor) to Meleza B. Ruiz-Kobayashi (Assignee). It details the consideration of PHP400,000 to be paid in installments. It also includes the assumption of the remaining mortgage, documents to be turned over, obligations to execute further documents to complete the transfer of rights, and penalties for non-compliance. An attached agreement further specifies the payment scheme and amounts. A special power of attorney is also granted to the Assignee to represent the Assignor in transactions regarding the property.

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100% found this document useful (6 votes)
14K views6 pages

Deed of Assignment and Transfer of Rights

This document is a deed of assignment and transfer of rights regarding a property located in Kawit, Cavite from Ivy M. Bartina-Esguerra (Assignor) to Meleza B. Ruiz-Kobayashi (Assignee). It details the consideration of PHP400,000 to be paid in installments. It also includes the assumption of the remaining mortgage, documents to be turned over, obligations to execute further documents to complete the transfer of rights, and penalties for non-compliance. An attached agreement further specifies the payment scheme and amounts. A special power of attorney is also granted to the Assignee to represent the Assignor in transactions regarding the property.

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DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS

WITH RIGHT OF POSSESSION

KNOW ALL MEN BY THIS PRESENTS:

This deed, made and entered into this 1st day of February at the City of Manila by and
between:

Ivy M. Bartina-Esguerra, Filipino, of legal age, with postal address at 2008 F. Muñoz
St., Paco, Manila 1007, hereinafter referred to as the “ASSIGNOR”

-and-

Meleza B. Ruiz-Kobayashi, Filipino, of legal age, with postal address at Brgy. Tutay
Pinamungajan, Cebu hereinafter referred to as the “ASSIGNEE”.

-WITNESSETH that-

WHEREAS, the ASSIGNOR is the buyer of a house and lot located at Block 7 Lot
17 Phase I, Estrella Homes 4, Toclong, Kawit, Cavite 4104, with an area of ____square meters
more or less, covered by T-1289364 registered in the name of Borland Development
Corporation;

WHEREAS, the ASSIGNOR has offered to assign all her rights, title and interest
over the above house and lot unit, as referred in said Contact to Sell and the ASSIGNEE
hereby accepts the assignment in accordance with the terms herein set forth;

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


ASSIGNOR hereby assigns, transfers and conveys unto the ASSIGNEE, all her rights, title
and interest to the aforementioned property and appurtenant interest in the said property
pursuant to this Agreement and the ASSIGNEE by these presents hereby accepts the
assignment and agrees to be bound by the terms and conditions as follows:

a. The consideration is Four Hundred Thousand (P400, 000.00) Pesos in Cash, under
the agreed payment schemes of the ASSIGNOR and ASSIGNEE.

b. In addition to the above consideration, the ASSIGNEE shall assume the remaining
amount of the mortgage in the HOME MUTUAL DEVELOPMENT FUND/PAG-
IBIG FUND pertaining to the said property.

c. The ASSIGNOR shall immediately turn-over possession of the property upon


payment of Three Hundred Thousand (P300,000.00) Pesos in Cash, including all
original copies of pertinent documents necessary and incidental in the assumption of
PAG-IBIG FUND Mortgage by the ASSIGNEE.

d. Upon full payment of the Mortgage to the HOME MUTUAL DEVELOPMENT


FUND/PAG-IBIG FUND, the ASSIGNOR agrees to execute a Deed of Absolute Sale
in favor of the ASSIGNEE and shall deliver the same without prior demand. Failure
of the ASSIGNOR to execute and deliver the Deed of Absolute Sale, she shall be
liable to the total amount of all payments and improvements made by the ASSIGNEE,
plus interest of twelve percent (12%) per annum. The ASSIGNOR shall also be liable
for liquidated damages of P200,000.00 and attorney’s fees and cost of suit in case of
litigation.
e. Taxes and expenses for the subsequent registration and transfer of the title shall be for
the account of the ASSIGNEE.

f. In case of revocation of this Deed of Assignment and Transfer of Rights, the


ASSIGNOR shall be liable to refund the ASSIGNEE all payments and costs of
improvement, plus interest of fifteen percent (15%) per annum. The ASSIGNOR shall
pay all improvements made on the property and reimburse all related expenses
incurred.

g. Upon execution of this Deed of Assignment and Transfer of Rights, the ASSIGNOR
shall execute a Special Power of Attorney in favor of the ASSIGNEE to administer
the property, transact with Home Mutual Development Fund/Pag-ibig Fund, Register
of Deeds, Bureau of Internal Revenue, Office of the City Assessor, and Housing and
Land Use Regulatory Board, and all other government offices and institution, to enter
into contracts and all other powers necessary and incidental thereto.

IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and
place first above written.

IVY M. BARTINA-ESGUERRA MELEZA B.RUIZ-KOBAYASHI


Assignor Assignee

With marital consent:

JOSEPH ESGUERRA

Signed in the presence of:

______________________ ______________________

ACKNOWLEDGMENT

Republic of the Philippines)


City of Manila) S.S

BEFORE ME, a notary for and in the City of Manila, personally appeared:

Name I.D/Number Date/Place Issued

Ivy M. Bartina-Esguerra
Meleza B. Ruiz-Kobayashi
Joseph Esguerra

known to me and to me known to be the same persons executed the foregoing Deed of
Assignment and Transfer of Rights and acknowledged to me that the same is their free and
voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2017.
AGREEMENT
We, IVY M. BARTINA-ESGUERRA (Assignor) and MELEZA B. RUIZ-
KOBAYASHI (Assignee), hereby agree to the following Payment Schemes pertaining to the
Deed of Assignment and Transfer of Rights executed by said parties over a house and lot
located at Block 7 Lot 17 Phase I, Estrella Homes 4, Toclong, Kawit, Cavite, with an area of
__________ more or less, covered by T-1289364 registered in the name of Borland
Development Corporation, to wit:

1) The consideration of Four Hundred Thousand (P400,000.00) Pesos in cash shall be


paid to the Assignor, as follows:
a. Three Hundred Thousand (P300,000.00) Pesos shall be paid IN CASH
immediately upon signing of the Deed of Assignment and Transfer of Rights
with Right of Possession; and
b. The remaining balance of One Hundred Thousand (P100,000.00) Pesos shall be
paid on May 30, 2017.

2) Out of the CASH PAYMENT, the total amount of Two Hundred Sixty Five Thousand
Fifty Two Pesos and 34/100 (P265,052.34) shall be paid directly to the outstanding
arrearages in the HOME MUTUAL DEVELOPMENT FUND/PAG-IBIG FUND;
While the remaining CASH PAYMENT shall be given to Assignor.

3) In addition to the above consideration, the Assignee shall assume the remaining
amount of mortgage in the HOME MUTUAL DEVELOPMENT FUND/PAG-IBIG
pertaining to the said property.

4) The outstanding balance of the monthly dues (up to December 2016) shall be paid by
the Assignor.

IN WITNESS WHEREOF, the parties have hereunto set their hands 1st day of
February 2017 in City of Manila, Philippines.

IVY M. BARTINA-ESGUERRA MELEZA B. RUIZ-KOBAYASHI


Assignor Assignee

With marital consent:

JOSEPH ESGUERRA

Signed in the presence of:

___________________________ ___________________________
ACKNOWLEDGMENT

Republic of the Philippines)


City of Manila) S.S

BEFORE ME, a notary for and in the City of Manila, personally appeared:

Name I.D/ Number Date/Place Issued

Ivy M. Bartina-Esguerra
Meleza B. Ruiz-Kobayashi
Joseph Esguerra

known to me and to me known to be the same persons executed the foregoing Deed of
Assignment and Transfer of Rights and acknowledged to me that the same is their free and
voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2017.
SPECIAL POWE R OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

WE, IVY M. BARTINA-ESGUERRA and JOSEPH ESGUERRA, both of legal


age, Filipinos and presently residing at 2008 F. Muños St., Paco, Manila 1007, have named
constituted and appointed and by these presents do hereby name, constitute and appoint
MELEZA B. RUIZ-KOBAYASHI, of legal age, Filipino and residing at Brgy. Tutay,
Pinamungajan, Cebu, hereinafter referred to as my/our Attorney-In-Fact for me/us and in
my/our name, place and stead, to do and perform all or any of the following acts and things,
namely:

1. To transact with HOME MUTUAL DEVELOPMENT FUND/PAG-IBIG FUND for


the assumption of my/our mortgage and sale/conveyance to them of Block 7 Lot 17
Phase I, Estrella Homes 4, Toclong, Kawit, Cavite.
2. To sign, execute, and deliver documents to HOME MUTUAL DEVELOPMENT
FUND/PAG-IBIG FUND that may be required in connection with their assumption of
my/our mortgage and purchase of the house and lot.
3. To transact with the Register of Deeds of the Province Cavite, Bureau of Internal
Revenue, Office of the City Assessor and Office of the Building Official in all
transactions regarding the said property including but not limited to payment of real
estate takes, issuance of Tax Declaration, Building Permits, etc. and all incidental to
their assumption of my/our mortgage and sale/conveyance to them of the aforestated
property.
4. To enter into Contract of Lease, collect rentals and do all acts necessary and incidental
in the administration of the aforesaid property.

HEREBY GIVING AND GRANTING unto my/our said attorney-in-fact, full power and
authority to do and perform whatsoever requisites and necessary to be done and about the
premises as fully to all intents and purposes as I /We might or could lawfully do if
personally present and hereby CONFIRMING and RATIFYING any and all that my/our
said attorney-in-fact shall do or cause to be done by virtue of these presents.

IN WITNESS WHEREOF, we have hereunto set our hands on this 1st day of
February 2017 at City of Manila, Philippines.

IVY M. BARTINA-ESGUERRA
Principal

With marital consent:

JOSEPH ESGUERRA

With Conformity:

MELEZA B. RUIZ-KOBAYASHI
Attorney-in-Fact

SIGNED IN THE PRESENCE OF:

___________________________ __________________________
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA) S.S.

BEFORE ME, a Notary Public, for and in City of Manila, on this 1st day of February
2017, at City of Manila, personally came and appeared IVY M. BARTINA-ESGUERRA
and JOSEPH ESGUERRA with I.D. Nos.____________ issued at ___________, on
______________, respectively, known to me and to me known to be the same persons
who executed the following instrument and acknowledged that the same is their free act
and voluntary deed.

NOTARY PUBLIC

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2017.

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