EXTRAJUDICIAL SETTLEMENT OF ESTATE,
WAIVER OF RIGHTS
AND PARTITION AGREEMENT
Know All Men By These Presents:
This Agreement, made and entered into by and between:
1) JOVENTINA TUBOLA TORRICO, Filipino, of legal age, widower
and resident of Bagumbayan, Tigbauan, Iloilo herein referred to as
the First Party;
2) CIPRIANA TUBOLA GILO, Filipino, of legal age, widower and
resident of Bagumbayan, Tigbauan, Iloilo herein referred to as the
Second Party;
3) ESTELITA TUBOLA QUILLO, Filipino, of legal age, married to
JOVENTINA TUBOLARodolfo C. Quillo and resident of SLIDA Zone I, Calong-calong,
TORRICO CIPRIANABrgy. Singcang Airport, Bacolod City, herein referred to as the
TUBOLA GILO Third Party; and
ESTELITA
TUBOLA QUILLO4) HEIRS OF JOAQUIN TUBOLA TORRE, herein referred to as the
STEWARTfourth party and represented by STEWART PAUL T. TORRE,
PAUL TORRE Filipino, of legal age, single and resident of Bagumbayan,
Tigbauan, Iloilo with Special Power of Attorney, a copy of which is
hereto attached and marked as ANNEX “A” to be taken as integral
part hereof.
WITNESSETH: That –
Whereas, on __________________________ RUFINO TUBOLA died
intestate in Iloilo, leaving certain property, more particularly described
as follows:
Original Certificate of Title No. F-23598
“A parcel of land (Lot 971 of the Cadastral Survey of
Tigbauan), situated in the Bagumbayan, Tigbauan, Iloilo with the
following details as faithfully reflected on the land title:
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Whereas the First, Second and Third Party hereby
honors and recognizes co-ownership between the siblings
RUFINO TUBOLA and ROSARIO TUBOLA of the above-
described property having originally emanated from their
father BARTOLOME TUBOLA;
Whereas, the first three-named parties hereto (nos. 1, 2, and 3)
are the only surviving heirs of the decedent RUFINO TUBOLA, being the
children of the said decedents;
Whereas the fourth party are the only surviving heirs of
ROSARIO TUBOLA being the surviving descendants of her only son
JOAQUIN TUBOLA TORRE;
Whereas, there are no known debts or obligations due against the
estate of the said decedents; and
JOVENTINA TUBOLA Whereas, it is to the best interests of the parties hereto to divide
and partition and adjudicate among themselves the entire estate
TORRICO CIPRIANA
TUBOLA GILOextrajudicially, in the form and manner hereinafter set forth;
ESTELITA TUBOLA
QUILLO Now, therefore, for and in consideration of the premises, and
invoking
STEWART PAUL the provisions of Rule 74, Section 1 of the Rules of Court, the
TORRE parties hereto do by these presents agree to divide and partition the
entire estate above-described, adjudicating, as they do hereby
adjudicate, the same to and among themselves in the following
proportion, to wit:
Name of Heirs Share in Square Meters
JOVENTINA TUBOLA TORRICO 167
CIPRIANA TUBOLA GILO 167
ESTELITA TUBOLA QUILLO 167
STEWART PAUL T. TORRE 176
DOLORES TORRE TANTIADO 147
subject, however, to the liabilities imposed by Rule 74, Section 4, of the
Rules of Court, in favor of any possible heirs, creditors, and other
persons who might be deprived of their lawful participation in the
estate of the decedents, for a period of two years;
That in the event that any other property of the decedent should
later be found which is not included hereinabove, the parties hereto
further agree to distribute, divide, and adjudicate, as they do hereby
distribute, divide and adjudicate, the same in like manner and
proportion as herein established and disposed;
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That the remaining 65 square meter portion of the lot subject
matter of this agreement is apportioned as a right of way for the benefit
and use of all parties herein stated.
As provided for in the preceding paragraphs, they do hereby
unconditionally and perpetually waive in favor of one another whatever
remaining rights and interests they may have over the above-described
property which are adjudicated to them.
IN WITNESS WHEREOF, we have hereunto set our hands this
____________________________ at Iloilo City, Philippines.
JOVENTINA TUBOLA TORRICO CIPRIANA TUBOLA GILO
ESTELITA TUBOLA QUILLO STEWART PAUL T. TORRE
Signed In The Presence Of:
________________________ & _________________________
________________________ & _________________________
________________________ & _________________________
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ACKNOWLEDGMENT
BEFORE ME, Notary Public, in the City of Iloilo, Philippines, this
________________________ personally appeared:
Name Competent Date/Place Issued
Evidence Of
Identity
JOVENTINA TUBOLA TORRICO
CIPRIANA TUBOLA GILO
ESTELITA TUBOLA QUILLO
STEWART PAUL T. TORRE
Known to me to be the same persons who executed this Extra-
Judicial Settlement of Estate with Waiver of Rights, Partition and
Subdivision Agreement and that they acknowledged to me that the same
is their own free and voluntary acts and deeds.
I further certify that the foregoing instrument consist of four (4)
pages, including this page of acknowledgment and that all pages have
been signed by, JOVENTINA TUBOLA TORRICO; CIPRIANA TUBOLA
GILO; ESTELITA TUBOLA QUILLO; HEIRS OF JOAQUIN TUBOLA TORRE
represented by STEWART PAUL T. TORRE and their witnesses.
IN WITNESS WHEREOF, I have hereunto set my hand at the place
and date first above-written.
Doc. No. _____;
Page No. _____;
Book No. ___;
Series of 2020.
