THE LATE BRIGIDO S. COHITMINGAO, is made and entered into in Cebu City, Cebu, Philippines, by and between:
PRIMITIVA TOLEDO COHITMINGAO, of
legal age, Filipino citizen, widow, and resident of Compostela, Cebu;
NORMA C. GICA, of legal age, Filipino
citizen, married, and resident of Compostela, Cebu;
EMMA C. BONSUKAN, of legal age, Filipino
citizen, married, and resident of Compostela Cebu;
BRIGIDO T. COHITMINGAO, JR., of legal
age, Filipino citizen, married, and resident of Compostela;
ALVIN T. COHITMINGAO, of legal age,
Filipino citizen, married, and resident of Compostela, Cebu;
ARLENE C. DUMAGUETE, of legal age,
Filipino citizen, married, and resident of Compostela, Cebu;
RAMIL T. COHITMINGAO, of legal age,
Filipino citizen, married, and resident of Compostela, Cebu;
IVY C. PARDO, of legal age, Filipino citizen,
married, and resident of Compostela, Cebu;
HEIRS OF RENATO T. COHITMINGAO,
namely: REYGIE COHITMINGAO, of legal age, Filipino citizen, married, and resident of Compostela, Cebu; ENRIC COHITMINGAO, of legal age, Filipino citizen, married, and resident of Compostela, Cebu; BRYAN COHITMINGAO, of legal age, Filipino citizen, married, and resident of Compostela, Cebu; MICHAEL COHITMINGAO, of legal age, Filipino citizen, married, and resident of Compostela, Cebu; EURIKA IVA COHITMINGAO, represented by JONA COHITMINGAO, of legal age, Filipino citizen, widow and a resident of Compostela, Cebu; WITNESSETH:
WHEREAS, the above-mentioned parties are the sole
and known heirs of the late Brigido S. Cohitmingao, who died on March 4, 2013 in Cambayog, Compostel, Cebu, Philippines;
WHEREAS, said deceased died intestate and to the
best of their knowledge without any outstanding debts in favor of any person or entity;
WHEREAS, one of the heirs of the late Brigido S.
Cohitmingao, RENATO T. COHITMINGAO died on ________ and, thus, is herein represented by his children, namely: REYGIE COHITMINGAO, ENRIC COHITMINGAO, BRYAN COHITMINGAO, MICHAEL COHITMINGAO and EUREKA IVA COHITMINGAO, by virtue of their right of representation under Art. 970-975 of the New Civil Code.
WHEREAS, the deceased, at the time of his death, left
certain real properties (Estate), more particularly described as follows:
1. A parcel of land covered by Tax Dec. No. 17-
0006-06255, located at Cambayog, Compostela, Cebu, having an area of 6,801 sq. metres more or less, planted with coconuts with plants and trees, assessed at P8,750, bounded in the North: Lot No. 2780; East: SW-Lot No. 2768; South: SE-Lot No. 2768; West: NW-Lot No. 3036; the same is not tenanted and free from any lien or encumbrance;
2. A parcel of land covered by Tax Dec. No. 17-
0006-06016, located at Cambayog, Compostela, Cebu, having an area of 1,351 sq. metres more or less, used as pasture land with plants and trees, assessed at P1,660, bounded in the North: Lot No. 2772; East: Lot No. 2743: South: Lot No. 2770; West: Lot No. 2779, 2768; the same is not tenanted and free from any lien or encumbrance;
3. A parcel of land covered by Tax Dec. No. 17-
0006-05865, located at Cambayog, Compostela, Cebu, having an area of 391 sq. metres more or less, planted with corn, assessed at P610, bounded in the North: Canamucan River; East: Lot No. 2904; South: Lot no. 2904; West: Lot No. 2902; the same is not tenanted and free from any lien or encumbrance.
NOW THEREFORE, for and in consideration of the
foregoing premises and invoking the provision of Sec. 1 Rule 74 of the Rules of Court, the said HEIRS above named have agreed to settle the estate extrajudicially and to this effect do hereby partition and adjudicate the same unto themselves and the foregoing inheritance, subject however to the liabilities imposed by Sec. 4, Rule 74 of the Rules of Court for a period of two years in favor of any other possible heirs, creditors or any other person deprived of the lawful participation over the said estate of the deceased and encumbrances;
The parties agree to publish this instrument in a
newspaper of general circulation in the City and Province of Cebu once a week for three consecutive weeks.
In the remote event that any other property of the
decedent should ever be found which is not included hereinabove, the HEIRS hereto further agree as they do so agree to settle and distribute the same in like manner and proportion as herein established and disposed.
That the HEIRS hereby covenant and further warrant
that should there be preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living or not at the time of the execution of this Deed, will not invalidate/nullify the terms and conditions of this Deed. Instead, the HEIRS shall proportionately oblige themselves to pay to the omitted Heirs or the latters heir(s) the share which belongs to him/them, in accordance with the rules of succession under the Civil Code of the Philippines.
IN WITNESS WHEREOF, We have hereunto affixed our
signatures this _______ day of November 2016 at Cebu City, Philippines. PRIMITIVA TOLEDO COHITMINGAO NORMA C. GICA Spouse/Legal Heir Daughter/Legal Heir
EMMA C. BONSUKAN BRIGIDO T.
COHITMINGAO, JR Daughter/Legal Heir Son/Legal Heir
IN THE CITY OF ______________) BEFORE ME, a notary public for and in the City of ______________, Province of Cebu, this ____ day of November 2016 personally appeared the following with their respective competent evidence of identity, to wit:
COHITMINGAO _______________ __________________ NORMA C. GICA _______________ __________________ EMMA C. BONSUKAN _______________ __________________ BRIGIDO T. COHITMINGAO, JR _______________ __________________ ALVIN T. COHITMINGAO _______________ __________________ ARLENE C. DUMAGUETE _______________ __________________ RAMIL T. COHITMINGAO _______________ __________________ IVY C. PARDO _______________ __________________ REYGIE COHITMINGAO _______________ __________________ ENRIC COHITMINGAO _______________ __________________ BRYAN COHITMINGAO _______________ __________________ MICHAEL COHITMINGAO _______________ __________________ JONA COHITMINGAO
All known to me to be the same persons who executed the
foregoing instrument, and they acknowledge to me that the same are their own free and voluntary act and deed as well as that of principal/corporation he represent.