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MOA Sample

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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement entered into this ______________ and


executed by and between:

A, Filipino, of legal age, single, and a resident of ________________;


B, Filipino, of legal age, single, and a resident of ________________;
C, Filipino, of legal age, single, and a ________________; and D,
Filipino, of legal age, married, and a resident of ________________;
herein represented by ____________________, collectively referred to
as “FIRST PARTY”

-and-

X CORPORATION, a domestic corporation duly organized and


existing under and by virtue of the laws of the Republic of the
Philippines, with office address at _____________________________
through its authorized representative ___________________, herein
referred to as “SECOND PARTY”;

WITNESSETH

WHEREAS, the FIRST PARTY is the absolute owner of several portions of


a parcel of land located at ____________________ (hereinafter the "Subject
Property") and covered by Original Certificate of Title No. ________________;

WHEREAS, the FIRST PARTY and the SECOND PARTY entered into a
Deed of Usufruct dated _____________ which granted the SECOND PARTY the
right of first refusal in the event that the FIRST PARTY decides to sell the Subject
Property;

WHEREAS, the FIRST PARTY has agreed to sell and the SECOND
PARTY has elected to buy a portion of _________________________ Square Meters
(_____________ sq. m.) of the Subject Property for a fixed price
________________________________ PESOS (P ________________.00);

WHEREAS, the estate taxes, documentary stamp taxes, and other taxes to
effectuate the transfer of ownership from the FIRST PARTY to the SECOND
PARTY are yet to be settled;

WHEREAS, currently, there are also several occupants, who are not the
FIRST PARTY, on the Subject Property which may also affect the transfer of
possession thereof from the FIRST PARTY to the SECOND PARTY;

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


the parties hereto hereby agree as follows:

I. PAYMENT OF TAXES

1
1. The proportionate ESTATE TAX due on Subject Property shall be
payable by the FIRST PARTY. The SECOND PARTY may advance the amount
for the estate taxes from the proceeds of the sale.

2. The CAPITAL GAINS TAX due on the sale, shall be paid the FIRST
PARTY.

3. The DOCUMENTARY STAMP TAXES due on the extrajudicial


partition and the sale shall be paid by the FIRST PARTY but which amount may be
advanced by the SECOND PARTY from the proceeds of the sale.

4. All other taxes that may be due on the partition of the Subject
Property and the sale shall on the account of the FIRST PARTY but which amount
may be advanced by the SECOND PARTY from the proceeds of the sale.

II. LEGAL COSTS

1. The FIRST PARTY guarantees the transfer of peaceful possession


over the Subject Property to the SECOND property and shall, by all means, assist in
the ejectment proceedings or whatever legal action that may be instituted now or in
the future against its present occupants.

2. The costs for the institution of the ejectment proceeding(s), including,


but not limited to filing fees, attorney's fees, and other legal fees shall be borne by
the FIRST PARTY. The SECOND PARTY legal costs may be advance by the from
the proceeds of the sale.

III. OTHER COSTS

1. Any other costs advanced by the SECOND PARTY for the benefit of
the FIRST PARTY, including, but not limited to, the costs for the survey and
fencing of the subject property shall be deducted from the proceeds of the sale due
to the FIRST PARTY.

IN WITNESS WHEREOF, the parties hereunto have affixed their


respective signatures this ________________ 2022, at ___________ Philippines.

A B

C
(For herself and as a representative of D)
FIRST PARTY

2
YY
As Representative of X CORPORATION
SECOND PARTY

SIGNED IN THE PRESENCE OF:

__________________________ _______________________

ACKNOWLEDGEMENT

Republic of the Philippines )


___________________ ) S.S.

BEFORE ME this _____________ at ________________, Philippines, personally ap-


peared the following persons, who are identified by me through competent evidence of identity:

Name Competent Evidence of Identity


1. A
2. B
3. C
4. YY

known to me and to me made known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their own free voluntary act and deed.

This instrument refers to a Memorandum of Agreement consisting of three (3) pages in-
cluding this page on which the acknowledgment is written and duly signed by the parties and their
instrumental witnesses.

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

Doc No. _____;


Page No. _____;
Book No. _____;
SERIES of 2022.

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