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FORM NO.11 -- ABSOLUTE OF REAL PROPERTY
KNOW ALL MEN BY THESE PRESENTS:
I, ................................................................of legal age, single/married to
.................................................................................. Filipino, and with residence and postoffice address at .......................................................................................... FOR AND IN
CONSIDERATION OF THE SUM OF ...........................................................................
.(P……………………….....), Philippine Currency, to me in hand paid by .......................
…………………………………………….Filipino. and with residence and post-office
address at........................................................................ DO HEREBY SELL,
TRANSFER, and CONVEY by way of Absolute Sale unto the said
……………………………………............. his heirs and assigns, that certain parcel of
land together with all the improvements found thereon situated in
.................................................................................. and more particularly described as
follows:
(In case of registered land, the description should state the number of the Certificate of
Title, with a recitation of the boundaries and the corresponding area in square meters.
In case of unregistered land, cite the metes and bounds as contained in the tax declaration
of the property, if any, mentioning the number of the latest declaration, and the assessed
value, as well as the nature of the improvements on the property,
If there be no tax declaration, or the property is to be declared for the first time, the
description should include the nature of the property, i.e., irrigated or un irrigated
riceland, pasture land, orchard, coconut land, residential lot, etc., the kind and number of
improvements on the property, such as 200 coconut trees, all fruit-bearing, or one (1)
house of strong materials, etc., the visible marks or monuments bordering the property,
and the area.)
That I hereby warrant my title over the land above-described, with full right to dispose of
the same, free from all liens and encumbrances, and that henceforth, full right of
ownership and possession shall pertain to the vendee....................
That this property does not fall under the provisions of R. A. 3844" or the Presidential
Decree on Land Reform."
(In cases of unregistered land, the following paragraph is likewise inserted: This
instrument pertains to the sale of a parcel of land which is not registered in accordance
with the Spanish Mortgage Law or the Land Registration Act, (Act 496) and hence, the
parties have agreed to register this instrument under the provisions of Sec. 194 of the
Revised Administrative Code, as amended by Act No. 3344.) And where the property is
less than one (1) hectare in area, whether urban or rural, the following clause is also
inserted: That the adjoining owners have been notified about this sale, but have refused to
exercise their right as provided for by law."
IN WITNESS WHEREOF, T have hereunto set my hand, this ........................... day of
......................... 19.... at..............................................................................................
...................................
Vendor
WITH MY MARITAL CONFORMITY"
..................................
Name of Vendor's Wife
SIGNED IN THE PRESENCE OF:
………………………………………………….
…………………………………………………….
REPUBLIC OF THE PHILIPPINES)
MUNICIPALITY OF..............) SS.
PROVINCE OF ..................)
BEFORE ME, a Notary Public for and in the Province of ....................................... came
and app……………………..eared ....................................... with Res. Cert. No. A-.
................................ issued on ........................................... at .............................................
. and B-............................................... issued
on..........at……………………………………… .......TAN.........., known to me and to me
known to be the same person who executed the foregoing instrument relating to the sale
of....................................................................................... parcel of land , consisting of
.................................................................................................................... pages which he
acknowledged before me as his free and voluntary act and deed. I hereby certify that the
vendee is personally known to me as a Filipino citizen .15
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal,
this ..................day of ....................................... .19………….....at........
...........................
Notary Public
My Commission Expires on Dec. 31, 19. ...
Privilege Tax Receipt No.
Doc. No. ........;
Page No. .......;
Book No. .......;
Series of 19......
" In sales of riceland is under leasehold by a tenant, Sees. II to 13, Chapter I, R. A.
3844 provide that an affidavit of the vendor should accompany the deed of sale to render
the same registerable, stating that either the land is not worked by an agricultural lessee
or if it is, that such tenant/s has/have been given the required 90 days notice in
writing regarding his/their right of pre-emption to buy the property.
" Presidential Decree No. 2 proclaimed the whole country a land reform area; and under
P.D. No. 27 (Oct. 21, 1972) all lands de- voted to rice and corn under lease-tenancy or
share crop were deemed covered by the proclamation, a portion (measuring 3 hectares
irrigated or 5 hectares if un irrigated), of which, is decreed subject to transfer of
ownership in favor of the tenant-landholder, with an allowance of 7 hectares retention for
the landowner.
"Under Art. 1621, New Civil Code, in case of sale of rural lands with an area of less than
I hectare, owners of adjoining lands have the right of redemption generally; and under
Art. 1622, in case off sale of small urban lots bought for speculation, the ad- joining
owners have the right of pre-emption and redemption at a reasonable price
Under Art. 1661, New Civil Code, the husband cannot alienate or encumber real property
without the wife's consent, if the same is conjugal and acquired after Aug. 30, 1950,
the effectivity of the New Civil Code."