Last Will and Testament

LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS

I, _____________, of legal age, (single / married / widow), a citizen of _____________ and currently a resident of _____________, with sound and disposing mind and memory, and without having been forced, intimidated or unduly influenced by anybody, have hereby voluntarily executed and proclaimed this instrument, as my Last Will and Testament, in English, a language I speak and write with and of which I am well conversant:

1. That should I finally rest in eternal peace, it is my wish and desire that internment, vigil and burial be made in accordance with the customs and traditions of the _____________ Church;

2.That I am the owner of the following properties:

(List and Description of Real and Personal Properties)

3.That should the Lord Almighty finally summon this soul from its earthly abode, it is my wish and desire to bequeath, grant and devise my properties above-mentioned, as follows:

a)To my beloved (wife/husband) _____________, I hereby bequeath the properties listed as nos. _______ above;

b)To my beloved children _____________, _____________, and _____________, I hereby bequeath in equal shares, the properties listed as nos. _______ above;

c)To _____________ who has been my constant companion and nurse in my illness, I hereby devise the property listed as no. _______ above;

d)To my (brother/sister/friend/etc.) _____________ I give the property listed as no. _______ above;

4.That should Divine Providence will it that I die ahead of my beloved (wife/husband), I hereby proclaim as my wish and desire which my heirs, devisees and legatees should respect, that the provisions of the foregoing Paragraph 3, Sub-Paragraphs b, c, and d be rendered temporarily without force and effect, and my surviving (wife/husband) shall have full use and enjoyment of all the above-listed properties; and only upon (his/her) demise shall the provisions of Paragraph 3, Sub-Paragraphs b, c, and d come into effect;

5.That for the purpose of rendering this Last Will and Testament effective thru the proper proceeding in Court, I hereby name and constitute _____________ as Executor and Administrator of this Last Will and Testament, and that in his incapacity, I hereby name _____________ as his substitute;

6.That the Executor and Administrator I hereby nominate shall be excused from posting any bond;

7.That I hereby revoke, set aside, and annul any other will or testamentary disposition I have made, signed, or proclaimed.

IN WITNESS WHEREOF, I have hereunto set my this ______ at _____, Philippines.

TESTATOR

ATTESTATION CLAUSE

WE, the undersigned witnesses, do hereby affirm that the foregoing is the Last Will and ‘Testament of _____________ and we hereby certify: That (he/she) executed the same while of sound and disposing mind and memory; That he signed the same in our presence, at the bottom of the last page and on the left hand margin of each and every page, and we, at his behest, have signed hereunder and on the left hand margin of each and every page, in (his/her) presence, in the presence of the Notary Public, and in the presence of each and every one of us this _____________ at _____________, Philippines.

WITNESS ADDRESS

1. ____________________________________

2. ____________________________________

3. ____________________________________

Republic of the Philippines)
Province of ____________________)S.S.
City/Municipality of _____________)
x – – – – – – – – – – – – – – – x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally appeared the following persons, with their respective Community Tax Certificates as follows:

Name C.T.C. No.Date / Place Issued

1. TESTATOR _____________ _____________

2. WITNESS_____________ _____________

3. WITNESS_____________ _____________

4. WITNESS_____________ _____________

known to me and to me known to be the same person who executed the foregoing Last Will and Testament, which he acknowledged to me to be (his/her) own free and voluntary act and deed and which (he/she) executed and signed in the presence of the three (3) above-named attesting witnesses, who all signed their names as proof of their attestation on this page before the Testator _____________ and in the presence of each and everyone of them, and they acknowledged the same to be their free and voluntary act and deed.

This Last Will and Testament consists of _____________.(______) pages, including the page on which the ratification and acknowledgment are written.

WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;

Declaration of Heirship with SPA to Sell the Property Adjudicated

DECLARATION OF HEIRSHIP

WITH SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

That we, _____________, widow; _____________ and _____________, all of legal age, Filipinos, and residents of _____________, Philippines, hereby declare:

1. That _____________ (our father) and _____________ (our mother) were legally married and begot by reason of said union, _____________ and _____________, both of whom are legitimate children;

2. That our father _____________ died on _____________ at _____________, Philippines and that at the time of his death, he was survived by his wife _____________ and all the above named legitimate children. He died INTESTATE and had no known creditors nor left any debts;

3. During his lifetime, the spouses, the late _____________ and our mother _____________, acquired a certain parcel of land described as follows:

(Technical Description of Property)

4. That pursuant to the provisions of Section 1 of Rule 74 of the Revised Rules of Court of the Philippines and by virtue of our laws on INTESTATE SUCCESSION, we, the surviving spouse _____________, and the children, namely, _____________ and _____________, do hereby adjudicate unto ourselves OWNERSHIP, TITLE and INTERESTS over said parcels of land, excluding any other person or persons not herein mentioned.

5. Further, we, _____________ and _____________ all surnamed _____________, have named, constituted and appointed and by these presents, do hereby name, constitute and appoint our mother, _____________ as our own, true and lawful ATTORNEY-IN-FACT, for us and in our name, place and stead to SELL, TRANSFER, and CONVEY, under such terms and conditions and for such price as she may deem fit and which she believes is beneficial and advantageous to us, to whomsoever may buy or purchase the above-mentioned parcels of land of which we are co-owners;

6. That she shall have full power and authority to act for and in our behalf, and to bind us on any action or undertaking she may pursue, or agreements she may conclude, and for her to consummate the transfer and conveyance of the property and execute the requisite documents and/or instruments conveying such property as may be required, for and in our name;

7. HEREBY GIVING AND GRANTING unto said Attorney-in-Fact full power and authority to do and perform all and every act or things requisite or necessary which may be required or necessary to be done in and about the premises to carry into effect the foregoing authority to sell, as fully to all intents and purposes as we might or could lawfully do if personally present and hereby RATIFYING and CONFORMING all that our attorney-in-fact shall lawfully do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at _____________, Philippines.

(SIGNATURE OF HEIRS)

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)

Declaration of Heirship Self Adjudication of Estate of Deceased Person

Republic of the Philippines)
Province of ____________________)S.S.
City/Municipality of _____________)
x – – – – – – – – – – – – – – x

AFFIDAVIT

I, _____________, Filipino, of legal age, (single / married / widow), and a resident of _____________, Philippines, after being sworn in accordance with law, depose and state:

1. That I am the only child and sole heir of _____________ who died intestate on _____________ at _____________;

2. That said deceased left a certain parcel of land covered by Transfer Certificate of Title No. _____________ and more particularly described as follows:

(Technical Description of Property)

3.That said deceased left no debts, nor any Last Will and Testament;

4.That pursuant to Sec. 1 of Rule 74 of the Revised Rules of Court of the Philippines, I hereby adjudicate unto myself the above-described parcel of land, and the improvements found and standing thereon, and I hereby request the Register of Deeds to issue a new Transfer Certificate of Title in my name;

5.That the above-described parcel of land does not come under the operation of the Comprehensive Agrarian Reform Program.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in _____________, Philippines.

AFFIANT

(JURAT)

Declaration of Heirship Extra Judicial Settlement of Estate with Waiver of Share

ExtraJudicial Settlement of Estate with Waiver of Share

KNOW ALL MEN BY THESE PRESENTS:

We, _____________, widow of _____________, of legal age, Filipino and a resident of _____________and _____________, _____________, _____________, who are all of legal ages, (single / married / widow), and all residents of _____________, Philippines, do hereby declare as follows:

1.That the above-named parties are the widow and legitimate children and the sole and compulsory heirs of the deceased _____________ who died on _____________ at _____________;

2.That the decedent died intestate, without leaving any Last Will or Testament and without leaving any debts or accounts whatsoever;

3.That the decedent left the following parcel of land which is conjugal and owned in common with his wife, the herein _____________;

(Technical Description of Property)

4.That pursuant to Section 1, Rule 74 of the Revised Rules of Court of the Philippines, and the parties herein being all of age and full civil capacity, they have agreed to divide as they do hereby divide and adjudicate, the real properties, above-described as follows: _________________________;

5.That we hereby affirm that we have executed the this instrument out of our own free will without force, intimidation or violence upon our person, and that we have hereby received our just and proper share and have no more claim or demand against each other in connection with the adjudication of the above-described parcel of land;

6.That I _____________, for my part and for and in consideration of the sum of _____________ (P_____________), Philippine Currency, to me in hand paid by my herein above-named children to wit, _____________, _____________ and _____________, I do hereby SELL, TRANSFER and CONVEY unto my said children all my rights, interest and participation in the above described parcel of land, do hereby WAIVE all my rights, interest and participation in the above-described parcel of land, in favor of all my above-named children, share and share alike, pro indiviso.

IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at _____________, Philippines

WIDOW CHILD

CHILD CHILD

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)

Declaration of Heirship Extra Judicial Settlement of Estate with Absolute Sale

Extra-Judicial Settlement of Estate with Absolute Sale

KNOW ALL MEN BY THESE PRESENTS:

We, _____________ and _____________, of legal ages, (single / married / widow), residents of _____________ and _____________, respectively, on our own volition, declare as follows:

1. That we are the legitimate children and sole heirs of the deceased _____________ who died on _____________ at _____________;

2. That said deceased died intestate, without any Last Will or Testament, and without any outstanding debts or accounts;

3. That the deceased left a certain parcel of land covered by Transfer Certificate of Title No. _____________ and more particularly described as follows:

(Technical Description of Property)

4. That the above-described parcel of land is not tenanted and does not come within the operation of the Comprehensive Agrarian Reform Program;

5. That pursuant to Section 1 of Rule 74 of the Revised Rules of Court of the Philippines, and both being with full capacity to contract, we do hereby adjudicate unto ourselves the land described above, in equal shares pro indiviso;

6. That FURTHER, and for and in consideration of the sum of _____________ (P_____________), Philippine Currency, receipt of which is herby acknowledged by us to our full and complete satisfaction, we do hereby SELL, CONVEY, and TRANSFER by way of ABSOLUTE SALE unto _____________, (his/her) heirs, assigns and successors-in-interests, all our rights, interests and participation over the above-described parcel of land;

IN WITNESS WHEREOF, we have hereunto set our hands, this _____________ at _____________, Philippines.

HEIR/SELLER HEIR/SELLER

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)

Proxy to Vote in Stockholders Meeting

PROXY

KNOW ALL MEN BY THESE PRESENTS:

That I, _____________, Filipino, of legal age, (single / married / widow), and a resident of _____________, Philippines, do hereby constitute and appoint __Name of Proxy__, who is also of legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines, to represent me and vote the __________________________ (_________) shares of the capital stock appearing in my name at the Annual Stockholders Meeting of __Name of Corporation__, INC. to be held on _____________.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at the City of _____________, Philippines.

STOCKHOLDER

Accepted by:

PROXY

SIGNED IN THE PRESENCE OF:

__________________ __________________

(ACKNOWLEDGMENT)

Declaration of Employer and Counsel as to Genuineness of Appeal Bond

(Declaration of Employer and Counsel as to
Genuineness of Appeal Bond)

 

Republic of the Philippines)
Province of_________________)S.S.
City/Municipality____________)
x – – – – – – – – – – x

 

JOINT DECLARATION

 

We,__________and ATTY.___________, both Filipinos, of legal age, and residents of_____________, Philippines, having been duly sworn in accordance with law, hereby depose and state:

 

That Declarant __________, in his personal capacity and as General Manager of ____________Corporation, is one of the Respondents in RAB Case No.____________ entitled ____________, Complainant, versus____________, Respondents.

 

That on ___________, Declarant_____________ received a the Decision of the Honorable Labor Arbiter, dated ____________, ordering the Declarant to pay a total amount of____________.

 

That Declarant____________would appeal the said decision to the National Labor Relations Commission and that for this purpose he is posting an Appeal Bond {Surety Bond No.___________} executed by ___________Surety & Insurance, Inc.to satisfy the aforementioned judgment, if and when the said case prosper in favor of the Complainant, or if said appeal is not considered.The said bond has been ratified before Notary Public____________and was entered in his Notarial Register as Doc. No. ______; Page No._____; Book No.______; Series of ______;

 

That for purposes of appeal, ATTY.____________, would act as counsel for Declarant____________and____________Corporation.

 

That we____________and Atty._____________)hereby jointly declare that the above-mentioned Appeal Bond is Genuine and will be in effect until the final disposition of the aforementioned case.

 

IN WITNESS WHEREOF, We have hereunto set our hands this____________, at Philippines.

 

Respondent – Appellant Counsel for Respondent – Appellant

(JURAT)