Professional Documents
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WITNESSETH; That:
That it is the condition of this Mortgage that should the MORTGAGOR perform the
obligation to pay the afore-cited indebtedness of _____________ together with accrued interest
thereon, within the agreed term, this Chattel Mortgage shall be discharged and shall at once
become null and void and of no effect whatsoever, otherwise, it shall subsist and remain in full
force and effect and be subject to foreclosure in the manner and form prescribed by law.
MORTGAGOR MORTGAGEE
With my Marital Conformity:
MORTGAGOR'S SPOUSE
__________________ __________________
(ACKNOWLEDGMENT)
We, the undersigned MORTGAGOR and MORTGAGEE hereby jointly and severally
swear that we executed the foregoing Chattel Mortgage in order to secure the indebtedness therein
cited and for no other purpose or purposes contrary to law.
MORTGAGOR MORTGAGEE
(JURAT)
WITNESSETH:
WHEREAS, the DONOR is the true and registered owner of a certain parcel of land, more
particularly described as follows:
NOW THEREFORE, for and in consideration of the love and affection the DONOR has
for the DONEE, the DONOR does hereby TRANSFER, GIVE and CONVEY unto the DONEE,
(his/her) heirs, assigns and successors-in-interest, the above-described parcel of land, to take effect
upon the DONOR'S demise, subject to the following conditions:
1. That should _____________, the spouse of the DONOR, survive (him/her), the
usufructuary rights over the above-described parcel of land shall pertain to her during her
lifetime;
2. That the DONEE shall not dispose of, or in any manner, encumber, the properties herein
donated during the lifetime of the said usufructuary;
3. That the DONEE hereby accepts and receives this donation made in (his/her) favor by the
DONOR, and hereby manifests (his/her) gratefulness for the latter's generosity and
liberality;
4. That further, the DONOR hereby reserves unto himself the right to possess and sell the
above-described property, as true owner thereof, before his death, without need of prior
consent or approval by the DONEE.
DONOR DONEE
ATTESTATION CLAUSE
WE, the undersigned witnesses hereby attest and certify: That the foregoing DONATION
MORTIS CAUSA was executed by _____________ and consist of _____________ (_____)
pages, including this page where the Attestation of Witness and the acknowledgment before the
Notary Public appears; That this was signed by the DONOR and the DONEE in our presence, and
we at their request, have signed these presents on the last page hereof, and on the left-hand margin
of each and every page, in their presence, and in front of each and everyone of us.
WITNESS ADDRESS
1. _____________________ ____________________________________
2. _____________________ ____________________________________
3. _____________________ ____________________________________
ACKNOWLEDGMENT
all known to me and to me known to be the same persons who executed the foregoing DEED OF
DONATION MORTIS CAUSA which they acknowledged to me to be their free and voluntary
act and deed, consisting of only ______ (____) page/s, including this page in which this
acknowledgment is written, duly signed by the Donor, the Donee and their three (3) instrumental
witnesses on each and every page hereof.
I, __Principal__, of legal age, Filipino, (single / married / widow), and a resident of Bacolod
City, do hereby appoint, name and constitute __Attorney-in-Fact__, also of legal age, Filipino,
(single / married / widow), and a resident of _____________, to be my true and lawful Attorney-
in-Fact for me and in my name, place and stead to SELL, TRANSFER, and CONVEY, under
such terms and conditions and for such price as (he/she) may deem fit, and to whomsoever may
buy or purchase a certain real property of which I am the true and registered owner, which is more
particularly described as follows, to wit:
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and
authority to do and perform all and every act requisite or necessary to carry into effect the
foregoing authority to sell, as fully to all intents and purposes as I might or could lawfully do if
personally present, with full power of substitution and revocation, and hereby ratifying and
confirming all that any of my said attorney-in-fact or his substitutes shall lawfully do or cause to
be done by virtue hereof.
PRINCIPAL
Accepted by:
ATTORNEY-IN-FACT
__________________ __________________
(ACKNOWLEDGMENT)
(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a Writ of Preliminary
Mandatory Injunction)
(CAPTION)
COMPLAINT
COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable Court, most
1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of _____________,
Philippines. For purposes of this action, Plaintiff may be served with copies of our notices and
orders of the Honorable Court at the office address of the undersigned counsel indicated
below;
2. Defendant is also of legal age, Filipino, and for purposes of this action, he may be served with
summons and other processes of this Honorable Court at his residence and post-office
3. Plaintiff is the true and registered owner of a certain parcel of land situated in
meters, and identified as Lot ________ and covered by Transfer Certificate of Title No.
4. That sometime in _____________, Defendant and his family began to be in possession of the
said property, not by virtue of any title or contract, but merely upon the Plaintiff's tolerance,
5. That on _____________, Plaintiff demanded that Defendant vacate and return the possession
of the said parcel of land to the herein Plaintiff, but despite numerous demands for him and
his family to vacate, Defendant has remained in illegal possession of the said land and, up to
the present, still retain such possession. Machine copy of the said demand letter is attached
6. While possession by tolerance is lawful, such possession becomes illegal upon demand to
vacate is made by the owner and the possessor by tolerance refuses to comply with such
demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA 786, 788; Isidro vs. Court of
7. A person who occupies the land of another at the latter's tolerance or permission, without
any contract between them, is necessarily bound by an implied promise that he will vacate
upon demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of Appeals, G.R. No. 108817,
9. That due to the unjust refusal of the Defendant to vacate and to return the said land to the
Plaintiff, the latter was constrained to endorse the said matter to its legal counsel for the filing
10. That this action is being filed within a period of one (1) year from the demand on Defendant
11. Plaintiff repleads by reference all of the foregoing allegations as may be material and relevant
12. Defendant's continued illegal occupation of the said parcel of land and refusal to vacate the
same and to peacefully surrender possession thereof to herein Plaintiff is working grave
13. Plaintiff is entitled to the reliefs demanded, and the whole or part of such relief consists in
the immediate delivery and surrender by the defendants of possession of the land to the
Plaintiff;
14. In the event that a writ of preliminary mandatory injunction is granted to Plaintiff, she is
ready, willing and able to post a bond to answer for all damages Defendant may sustain by
reason of said injunction if the court should finally decide that Plaintiff is not entitled thereto.
PRAYER
WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be rendered in favor
of the plaintiffs:
a) Ordering the Defendant, his family, successors, assigns and all persons acting under him, to
vacate Lot _____________ that is covered by Transfer Certificate of Title No. _____________
of the Registry of Deeds for the Province of _____________ and to peacefully turn over the
b) Ordering Defendant to pay Plaintiff monthly rental at the rate of P_____________ per month
from the time of the filing of this action to the time possession is returned to the Plaintiff;
d) That pending the outcome of the instant case, a writ of preliminary mandatory injunction be
immediately issued ordering the Defendant, his family, successors, assigns and all persons
acting under him, to immediately vacate the said parcel of land and return possession of the
Other reliefs just and equitable under the premises are likewise prayed for.
(VERIFICATION)
AFFIDAVIT OF MERIT
1. That I am the plaintiff in the above-captioned case filed against _____________ before the
Municipal Trial Court of _____________, Philippines;
2. That I am the true and registered owner of a certain parcel of land situated in _____________,
identified as Lot ________ and covered by Transfer Certificate of Title No. _____________ of
the Registry of Deeds for the Province of Negros Occidental;
4. That sometime in _____________, I demanded from the Defendant that he and his family
vacate and return the possession of the said property, but despite numerous demands for
him to vacate, the Defendant has remained in illegal possession of the said land and, up to
the present, still retain such possession;
7. That I am entitled to the reliefs demanded in my complaint, and the whole or part of such
relief consists in the immediate delivery and surrender by the Defendant of possession of the
land to the undersigned;
8. That in the event that I am granted a writ of preliminary mandatory injunction, I am ready,
willing and able to post a bond to answer for all damages that the Defendant may sustain by
reason of said injunction if the court should finally decide that I am not entitled thereto.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the _____________,
Philippines.
AFFIANT
(JURAT)