AGREEMENT FOR RIGHT-OF-WAY EASEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement for Road Right-Of-Way Easement, made and executed by and between:

Barangay Taruc, a political corporation existing under the laws of the Republic of
the Philippines, represented herein by its Punong Barangay, RAUL T. CARDUZA,
hereinafter called the FIRST PARTY,

and

FELING S. ESPUERTA, ARTURO T. SAVANDAL, CRESENCIO A. SAVANDAL JR.

, EDGAR S. LIBAY and LOURDES S. BOU, all Filipino, of legal ages, and
residents of
Brgy. Navarro, Surigao del Norte, legal heirs of BLAS CERVANTES Sr. (deceased),
hereinafter called the SECOND PARTY;

WITNESSETH:

WHEREAS, the FIRST PARTY will implement the Construction of Concrete Pavement,
hereinafter called the Project;

WHEREAS, the Project will pass over and affect an eight (8) square-meter portion of the Property
of the SECOND PARTY, a certain parcel of land, situated at Barangay Navarro, Municipality of
Socorro, Province of Surigao del Norte, acquired by them through succession, bounded by the
following:

On the North, by the property of PIO CORDITA and A. LAGAPA

On the East, by SWAMP and RIVER
On the South, by the property of A. TARRE and ACIDO LAND
On the West, by the property of ACIDO LAND

containing an area of 42,650 square meters, more or less, declared in said municipality under Tax
Declaration No. 13-24-0100399, Property Index No. 048-24-001-00-000, with an assessed value
of Six Hundred Forty Five Thousand Four Hundred Five Pesos (PhP 645,405.00), in the name of
BLAS CERVANTES SR., who was its former owner, and with the following person(s) presently
in possession as legal heirs :

FELING S. ESPUERTA
ARTURO T. SAVANDAL
CRESENCIO A. SAVANDAL JR.
EDGAR S. LIBAY
LOURDES S. BOU
_________________________________________________________________

NOW THEREFORE, for and in consideration of the construction and maintenance of said road by
the FIRST PARTY, and of the payment to the SECOND PARTY of the sum of Pesos
_____________________________ (PhP________), (at PhP________ per square meter) as
compensation or liquidated damages for the use and occupancy of said land and as full payment
for the portion thereof, with the road right-of-way as finally determined, and of the other
stipulations herein contained, the Parties hereto agree as follows:

1. The SECOND PARTY hereby approves and consents to the implementation of the Project over
and through their land herein described and specified, and grants and cedes unto the FIRST
PARTY a perpetual easement of right-of-way of eight (8) square meters in width over and through
said land for the Project road, giving unto the FIRST PARTY the right to enter therein and to make
such surveys as may be necessary to determine and locate the line and course of Project road and
to undertake the related construction and maintenance works for it. The FIRST PARTY shall
exercise exclusive rights within and over the area embraced by the boundary lines of said road
right-of-way, as shown in the following sketch, until released in writing by and in its discretion:
 Sketch is hereto attached as Annex A and made an integral part hereof
Area of portion included in the road right-of-way: 8 square meters

2. The FIRST PARTY agrees to remove, at its own expense, all fences, house, and other structures
as necessary, and similar improvements situated within the eight square meters road right-of-way,
and to make due and appropriate compensation therefor, including fruit-bearing trees and growing
crops, as agreed upon by the parties thereto, but not to exceed the rate fixed by the Municipal
Assessor as established by Executive Order No. 1035, series or 1985.

3. The FIRST PARTY shall allow the SECOND PARTY, its members, heirs, assigns,
successors- in-interest, guests and invitees, to have fair and reasonable vehicular and
pedestrian access over, through and across, the FIRST PARTY’s own roadways situated
within the limits of the SECOND PARTY’s aforestated propertY.

4. The SECOND PARTY shall be entitled to injunctive and other equitable relief in the event of,
or to prevent, a breach of any provision of this Agreement by the FIRST PARTY. Similarly, the
FIRST PARTY shall be entitled to injunctive and other equitable relief in the event of, or to
prevent, a breach of any provision of this Agreement by the SECOND PARTY. Resort to such
equitable relief, however, shall not be construed to be a waiver of any other rights or
remedies that the SECOND PARTY or FIRST PARTY may have for damages or otherwise.
The various rights and remedies of the SECOND PARTY and the FIRST PARTY under this
agreement or otherwise shall be construed to be cumulative, and no one of the them shall
be exclusive of any other or of any right or remedy allowed by law.

5. Philippine laws shall govern the validity of this Agreement, the construction of its terms
and the interpretation of the rights and duties of the parties hereto. Any controversies
arising out of the terms of this Agreement or its interpretation shall be settled in the courts
or mediation centers located in Surigao City, Philippines, and the judgment upon award may
be entered in any court having jurisdiction thereof.

6. No amendment, change or modification of this Agreement shall be valid unless in writing signed
by the parties hereto. This Agreement and any exhibit attached constitute the entire
understanding and agreement of the parties, and any and all prior agreements, understandings, and
representations are hereby terminated and canceled in their entirety and are of no further force
and effect. If any provision of this Agreement, or any portion thereof, is held to be invalid and
unenforceable, then the remainder of this agreement shall nevertheless remain in full force and
effect.

IN WITNESS WHEREOF, the parties hereunto have hereto affixed their signatures this ___ day
of ____________, 2018 at __________________.

FIRST PARTY: SECOND PARTY:

REPUBLIC OF THE PHILIPPINES PROPERTY OWNER

By:

RAUL T. CARDUZA FELING S. ESPUERTA

Barangay Captain
Barangay Taruc, Socorro, SDN ARTURO T. SAVANDAL

CRESENCIO A. SAVANDAL JR.

EDGAR S. LIBAY

LOURDES S. BOU
Republic of the Philippines )
PROVINCE of Surigao del Norte ) s.s.

ACKNOWLEDGEMENT

BEFORE ME, a Notary Public for and in _______________ personally appeared

_________________________, representing the Republic of the Philippines (FIRST PARTY),
with Government ID No. __________ issued at ______________________ on _______________,
and _________________________, Property Owner (SECOND PARTY), with Government ID
No. __________, issued at __________________ on _______________, known to me and to me
known to be the same persons who executed the foregoing Agreement for Road Right-Of-Way
Easement and acknowledged to me that the same is their free and voluntary act and deed.

This Agreement for Road Right-Of-Way Easement consists of ____ pages, including this page on
which this acknowledgement is written, duly signed by the FIRST PARTY’s duly authorized
representative and the SECOND PARTY and their witnesses on the spaces provided for their
signatures on each and every page thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature and notarial seal this ___, day of
____________, 2018 at ____________________.

_______________________
Notary Public
Doc. No.
Page No.
Book No. : _____
Series of 20_____