PAGE ONE

REPUBLIC OF THE PHILIPPINES)

CITY OF LEGAZPI) S.S.

LAST WILL AND TESTAMENT OF JUAN DELA CRUZ

KNOW ALL MEN BY THESE PRESENTS:

I, JUAN DELA CRUZ, Filipino citizen, of legal age, married to MARIA

DELA CRUZ, born on the 1st of November, 1958, a resident of Central City
Subdivision, Imelda Roces Avenue, Cruzada, Legazpi City, being of sound and
disposing mind and memory, and not acting under undue influence or
intimidation from anyone, do hereby declare and proclaim this instrument to be
my Last Will and Testament, in English, the language which I am well
conversant, and I hereby declare that: Commented [R1]: Article 804. Every will must be in
writing and executed in a language or dialect known to
the testator
I. I desire that my remains be buried according to the rites of the Roman Catholic
Church and to be interred in a gold coloured casket, wearing a navy blue Commented [2]: Article 888. The legitime of
Americana outfit with a red tie, with my old Rolex Daytona to be buried with legitimate children and descendants consists of one-
half of the hereditary estate of the father and of the
my cadaver; mother.
The latter may freely dispose of the remaining half,
subject to the rights of illegitimate children and of the
II. To my children, ROLANDO, JAVIER, and MARY JANE DELA CRUZ, surviving spouse as hereinafter provided.

and grandsons JOSELITO and EDWARD DELA CRUZ, I shall give and Paras: in testate succession, the right of representation
bequeath the contents of all my deposits with Banco de Oro and Swiss Bank covers only the legitime.

Corporation as well as the agricultural lot in Brgy. Bagacay, Legazpi City, which Commented [3]: Article 892 (2). If there are two or
more legitimate children or descendants, the surviving
I also inherited from my father - altogether, comprising at least half of my estate; spouse shall be entitled to a portion equal to the
legitime of each of the legitimate children or
descendants.
III. To my wife, MARIA DELA CRUZ, I shall give our family home in Central Commented [4]: Article 940. In alternative legacies or
City Subdivision, Imelda Roces Avenue, Cruzada, Legazpi City as well as all devises, the choice is presumed to be left to the heir
upon whom the obligation to give the legacy or devise
my other personal properties; may be imposed, or the executor or administrator of the
estate if no particular heir is so obliged.
Commented [5]: Article 843. The testator shall
IV. To my grandsons, JOSELITO and EDWARD DELA CRUZ, the sons of designate the heir by his name and surname, and
my deceased son Edison Dela Cruz, my wife shall give the 1963 Beetle or the when there are two persons having the same names,
he shall indicate some circumstance by which the
Amorsolo painting well-loved by their father to extend the portion of love which instituted heir may be known.
Even though the testator may have omitted the name
my son was not able to fully give due to his untimely demise; of the heir, should he designate him in such manner
that there can be no doubt as to who has been
instituted, the
V. To my eldest son, I shall bequeath my Lincoln Navigator, an American full- institution shall be valid.
size SUV built by Lincoln, should he pass the Bar Examinations; Article 871. The institution of an heir may be made
conditionally, or for a certain purpose or cause.
 PAGE TWO

VI. To my son, JAVIER DELA CRUZ I shall bequeath my Ducati Diavel V4

Motorcycle but he must give a car to his son, DANIEL DELA CRUZ; Commented [6]: Art. 926. When the testator charges
one of the heirs with a legacy or devise, he alone shall
be bound.
VII. To my friend, DAN RAY PIOJO, I shall devise my rest house located at
La Union, Pangasinan, for being my confidant and best friend and to his son,
ROBERT PIOJO, I give and bequeath a legacy for education of P150,000
annually; Commented [7]: Article 888. The legitime of
legitimate children and descendants consists of one-
half of the hereditary estate of the father and of the
VIII. To my long-time driver, RICO BLANCO, I shall bequeath the red Subaru mother.
The latter may freely dispose of the remaining half,
Outback which we often use in my business trips, for his loyalty and service to subject to the rights of illegitimate children and of the
surviving spouse as hereinafter provided
my family but he must give P25,000 to his wife;
Article 944. A legacy for education lasts until the
legatee is of age, or beyond the age of majority in order
IX. To ALFRED MENDOZA, although he has not yet paid his P500,000 debt, that the Legatee may finish some professional,
vocational or general course, provided he pursues his
I am considering it as already paid; course diligently
Commented [8]: Art. 925. A testator may charge with
X. I designate THOMAS JAVIER, as the sole executor and administrator of legacies and devises not only his compulsory heirs but
also the legatees and devisees.
this Last Will and Testament, and in incapacity, I name and designate
Commented [9]: Article 935. The legacy of a credit
FRANCISCO DELOS SANTOS as his substitute. against a third person or of the remission or release of
a debt of the legatee shall be effective only as regards
that part of the credit or debt
XI. I hereby revoke, set aside and annul any and all of my other will or existing at the time of the death of the testator

testamentary dispositions that I have made, executed, signed or published

preceding this Last Will and Testament. Commented [10]: Article 831. Subsequent wills which
do not revoke the previous ones in an express manner,
annul only such dispositions in the prior wills as are
inconsistent with or
contrary to those contained in the later wills.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
30th day of April 2018 at Legazpi City, Philippines.

JUAN DELA CRUZ

Testator
 PAGE THREE

ATTESTATION CLAUSE Commented [11]: Article 805. Every will, other than a
holographic will, must be subscribed at the end thereof
by the testator himself
or by the testator's name written by some other person
in his presence, and by his express direction, and
We, the undersigned attesting witnesses, do hereby affirm that the foregoing is the last attested
and subscribed by three or more credible witnesses in
Will and Testament of JUAN DELA CRUZ, and we certify that the testator executed the presence of the testator and of one another.
this document while of sound mind and memory. This will shall consist of four (4) The testator or the person requested by him to write his
name and the instrumental witnesses of the will, shall
pages. That the testator signed this document in our presence, at the bottom of the last also sign, as aforesaid, each and every page thereof,
except the last, on the left margin, and all the pages
page and on the left hand margin of each and every page, and we, in turn, at the testator's shall be numbered correlatively in letters placed on the
behest have witnessed and signed the same in every page thereof, on the left margin, in upper part of each page.
The attestation shall state the number of pages used
the presence of the testator and of the notary public, this 30th day of April 2018 at upon which the will is written, and the fact that the
testator signed the will and every page thereof, or
Legazpi City, Albay. caused
some other person to write his name, under his
express direction, in the presence of the instrumental
witnesses, and that the latter witnessed and signed the
will and all
the pages thereof in the presence of the testator and of
one another.
If the attestation clause is in a language not known to
the witnesses, it shall be interpreted to them

GWYNETH MABINI Brgy. Gogon, Legazpi City, Albay

Witness Address

AIAH MENDOZA Brgy. Rawis, Legazpi City, Albay

Witness Address

MALOI VERGARA Brgy. Tula-Tula, Legazpi City, Albay

Witness Address
 PAGE FOUR

JOINT ACKNOWLEDGMENT Commented [12]: Article 806. Every will must be

acknowledged before a notary public by the testator
and the witnesses. The notary public shall not be
BEFORE ME, in this 30th day of April 2018, Notary Public for and in the City required to retain a copy of the
will, or file another with the office of the Clerk of Court.
of Legazpi, Albay, has personally appeared:

The testator JUAN DELA CRUZ, with CTC No. 9513891 issued at Legazpi
City, Albay on January 05, 2018;

Witness, GWYNETH MABINI, with CTC No. 0476532 issued at Legazpi City,
Albay on January 25, 2018;

Witness, AIAH MENDOZA, with CTC No. 9473290 issued at Legazpi City,
Albay on February 24, 2018;

Witness, MALOI VERGARA, with CTC No. 9473291 issued at Legazpi City,
Albay on February 24, 2018;

This will consist of four (4) pages including the page on which this acknowledgment is
written and has been signed on the left margin of each and every page by the testator
and his witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place above written.

ATTY. MELANIE MANALANG

Notary Public - Legazpi City
Appointment No. 133 Until December 30, 2025
Roll No. 1922; PTR No. 1345, April 7, 2016, Legazpi City
IBP No. 1234, May 25, 2014, Manila
Office Address: Washington, Legazpi City, Albay
Email: [email protected]

Doc No. 1;
Page No. 5;
Book No. XXXIV;
Series of 2018.
 PAGE ONE

REPUBLIC OF THE PHILIPPINES)

CITY OF LEGAZPI) S.S.

CODICIL TO
THE LAST WILL AND TESTAMENT
OF JUAN DELA CRUZ

KNOW ALL MEN BY THESE PRESENTS:

I, JUAN DELA CRUZ,, Filipino citizen, of legal age, married to MARIA DELA CRUZ,
born on the 1st of November, 1958, a resident of Central City Subdivision, Imelda Roces
Avenue, Cruzada, Legazpi City, being of sound and disposing mind and memory, and not
acting under undue influence or intimidation from anyone, do hereby declare this to be a
codicil to my last will and testament dated 30th day of April, 2018 duly acknowledged with
Atty. Melanie Manalang under Doc. No. 1; Page No. 5; Book No. XXXIV; Series of 2018. Commented [1]: Article 825; Article 826
I hereby declare that: Article 825 - A codicil is a supplement or addition to a
will, made after the execution of a will and annexed to
I. I give and bequeath to the Bicol University Bar Operations Commision a Legacy of be taken as part thereof, by which any disposition made
Support of ONE HUNDRED THOUSAND PESOS ONLY (Php 100,000.00) annually for in the original will is explained, added to, or altered.

the next 10 years to be taken from the free portion of my estate and to take effect two years Article 826 - In order that a codicil may be effective, it
after the probate and allowance of this will following my death. The Bicol University Bar shall be executed as in the case of a will.
Operations Commission may also opt for a lump sum of NINE HUNDRED THOUSAND
PESOS ONLY (Php 900,000.00) to be given wholly in one go instead of the
aforementioned option; Commented [2]: Article 944 par. 2 Legacy for support

II. By my said will, I instituted my friend, DAN RAY PIOJO, and devised my Rest House
located at La Union, Pangasinan with TCT No. 048-4206909318, registered at the Registry
of Deeds in the same place, for being my confidant and best friend; whereas, by said
institution, DAN RAY PIOJO is instituted as first heir; he shall be obliged to preserve and
transmit the same to his son, ROBERT PIOJO when he turns twenty-one (21) years old.
By said institution, I hereby appoint ROBERT PIOJO, Dan Ray Piojo’s son, as the second
heir. Commented [3]: Article 863

III. I hereby incorporate by reference Transfer Certificate of Title No. 048-420690318 A fideicommissary substitution by virtue of which the
fiduciary or first heir instituted is entrusted with the
issued by the Registry of Deeds Pangasinan on 4th day of August 1984, covering the real obligation to preserve and to transmit to a second heir
the whole or part of the inheritance, shall be valid and
property located at Malakas Rd., Brgy. San Fernando, Municipality of La Union, Province shall take effect, provided such substitution does not go
of Pangasinan, Island of Luzon as the subject of my devise in the abovementioned beyond one degree from the heir originally instituted,
and provided further, that the fiduciary or first heir and
disposition. the second heir are living at the time of the death of the
testator.
IV. The Transfer Certificate of Title referred to above consists of two (2) pages and
specifically identifies the real property located at Malakas Rd., Brgy. San Fernando,
Municipality of La Union, Province of Pangasinan, Island of Luzon, bounded and
described as follows:
BOUND ON THE E., ALONG LINE 1-2 BY A PAPAYA TREE; ON THE
SE., ALONG LINE 2-3 BY A BANANA TREE; ON THE W., LINE 3-4 BY A
SALUYOT PLANTATION; ON THE NW., ALONG LINE 4-1 BY (ROAD).
BEGINNING ON THE POINT MARKED “1” OF LOT 10, BLOCK 9, BEING N.,
50 DEG. 14’W., 457M TO POINT 2 OF BEGINNING CONTAINING AN AREA
OF ONE THOUSAND (1000) SQUARE METERS. ALL POINTS REFERRED
TO ARE INDICATED ON THE PLAN AND ARE MARKED ON THE
GROUNDS BEARING TRUE; DATE OF ORIGINAL SURVEY ON
NOVEMBER 10, 1970 DATE OF SUBMISSION SURVEY ON APRIL 18, 1970,
EXECUTED BY. ENGR. CZAR ELIJAH CLEMENTE AND APPROVED ON
JULY 5, 1970.
 PAGE TWO

V. I declare that the Transfer Certificate of Title, incorporated by reference into this will,
is signed by me, JUAN DELA CRUZ, as the registered owner, and witnessed by the
undersigned witnesses, with our signatures appearing on each and every page thereof. Commented [4]: Art. 827, Incorporation by Reference
- If a will, executed as required by this Code,
incorporates into itself by reference any document or
VI. I order my estate to acquire DONATELLO E. PALACIOS’ 2018 white silver Mini paper, such document or paper shall not be considered
a part of the will unless the following requisites are
Cooper Convertible so that the same may be given to my dear friend HENRY D. present:
MARASIGAN; 1. The document or paper referred to in the will must be
in existence at the time of the execution of the will;
2.The will must clearly describe and identify the same,
VII. Whereas, by my said will, I appointed THOMAS D. JAVIER to be the executor of stating among other things the number of pages
said will; by virtue of said appointment, said THOMAS D. JAVIER has manifested to me thereof;
3. It must be identified by clear and satisfactory proof as
his incapacity to act as my executor as he will be soon leaving the country and immigrating the document or paper referred to therein; and
to Canada this month, rendering him unable to fulfill the duties and responsibilities 4. It must be signed by the testator and the witnesses
required by the said appointment in an effective manner; on each and every page, except in case of voluminous
books of account or inventories

VIII. Whereas, by virtue of said appointment, I hereby direct that the executor of this Last Commented [5]: Article 931
Will and Testament need not present any bond; If the testator orders that a thing belonging to another
be acquired in order that it be given to a legatee or
IX. Now therefore, I hereby revoke the appointment of said Thomas D. Javier as my devisee, the heir upon whom the obligation is imposed
or the estate must acquire it and give the same to the
executor of my said will, and I appoint FRANCISCO DELOS SANTOS to be the sole legatee or devisee; but if the owner of the thing refuses
executor of said will in place of Thomas D. Javier. I declare that my said will shall be to alienate the same, or demands an excessive price
construed and interpreted as if the name of Francisco L. Delos Santos was the originally therefor, the heir or the estate shall only be obliged to
give the just value of the thing.
written name instead of that of Thomas D. Javier.
X. In all other respects, I confirm my said will and testament.
IN WITNESS WHEREOF, I have subscribed my name herein below this 25th day
of April, 2024, at Legazpi City, Albay, Philippines.

JUAN DELA CRUZ

Testator
 PAGE THREE

ATTESTATION CLAUSE

We, the undersigned witnesses, do hereby affirm that the foregoing is the Codicil of JUAN
DELA CRUZ, consists of four (4) pages, including the page on which Attestation Clause Commented [6]: Article 805 par. 3
The attestation shall state the number of pages used
and Acknowledgment before the Notary Public are written, and we hereby certify: That he upon which the will is written xxx.
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 presence, in the presence of the Notary Public, and in the
presence of each and every one of us this 25th day of April 2024 at Legazpi City, Albay,
Philippines.

MIGUEL P. LAUREL Block 2, Lot 5, Central City Subdivision,

Signature of Witness Imelda Roces Avenue, Cruzada, Legazpi City
Address

PAULINE S. RABUYA House No. 101, Cornelia St., Cherry Homes

Signature of Witness Subdivision, Cararayan, Tiwi, Albay
Address

THERESE D. SANCHEZ Nara St., Happy Homes Greenfield Subdivision,

Signature of Witness Pawa, Legazpi City, Albay
Address

JUAN DELA CRUZ Brgy. Rawis, Legazpi City, Albay

Signature of Testator Address
 PAGE FOUR

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the City of Legazpi, Province of Albay,
personally appeared: The testator, JUAN DELA CRUZ, with TIN 903-454-536 issued by
the Bureau of Internal Revenue (BIR); Witness, MIGUEL P. LAUREL, with Passport
No. P1003673A issued on December 2, 2019 by Department of Foreign Affairs-Legazpi;
Witness PAULINE S. RABUYA with Passport No. P1635673A issued on September 10,
2018 by Department of Foreign Affairs-Legazpi; and Witness THERESE D. SANCHEZ
with TIN 843-583-581 issued by the Bureau of Internal Revenue (BIR), all known to me
to be the same persons who executed the foregoing Codicil to the Last Will and Testament,
the first as testator and the last three as instrumental witnesses, and they respectively
acknowledged to me that the same as their own free act and deed.

This Last Will and Testament consist of four (4) pages, including the page on which
the Attestation Clause and this acknowledgment is written, and has been signed on the left
of each and every page thereof by the testator and his witnesses, and sealed with my notarial
seal.

WITNESS MY HAND AND SEAL, on the 25th day of April 2024 at the City of
Legazpi, Province of Albay, Philippines.

ATTY. MELANIE MANALANG

Notary Public - Legazpi City
Appointment No. 133 Until December 30, 2025
Roll No. 1922; PTR No. 1345, April 7, 2016, Legazpi City
IBP No. 1234, May 25, 2014, Manila
Office Address: Washington, Legazpi City, Albay
Email: [email protected]

Doc. No. 4;
Page No. 7;
Book No. XXXX;
Series of 2024;
Commented [JCL1]: Art. 810 - holographic wills must
be entirely written, dated and signed by the hand of the
testator...

Commented [JCL2]: Art. 783 - A will is an act whereby

a person is permitted, with the formalities prescribed
by law, to control to a certain degree the disposition of
this estate, to take effect after his death
Commented [JCL3]: Art. 915 - A compulsory heir may,
in consequence of disinheritance, be deprived of his
legitime, for causes expressly stated by law.
916 - Disinheritance can be effected only through a will
wherein the legal cause therefor shall be specified
919 (7) - The following shall be sufficient causes for
the disinheritance of children and descendants,
legitimate as well as illegitimate: (7) When a child or
descendant leads a dishonorable or disgraceful life
923 - The children and descendants of the person
disinherited shall take his or her place and shall
preserve the rights of compulsory heirs with respect to
the legitime
Commented [JCL4]: Art. 814 - In case of any insertion,
cancellation, erasure or alteration in a holographic will,
the testator must authenticate the same by his full
signature

Commented [JCL5]: Rule 78 Sec 4, Rules of Court

- When a will has been proved and allowed, the court
shall issue letters testamentary thereon to the person
named as executor therein, if he is competent, accepts
the trust, and gives bond as required by these rules
Commented [JCL6]: Rule 78 Sec 4, Rules of Court
- When a will has been proved and allowed, the court
shall issue letters testamentary thereon to the person
named as executor therein, if he is competent, accepts
the trust, and gives bond as required by these rules
Commented [JCL7]: Art. 814 - In case of any insertion,
cancellation, erasure or alteration in a holographic will,
the testator must authenticate the same by his full
signature
Commented [JCL8]: Art. 810 - holographic wills must
be entirely written, dated and signed by the hand of the
testator.
Commented [JCL9]: Rules of Court, Rule 81, Sec. 2 - If
the testator in his will directs that the executors serve
without bond, or with only his individual bond, he may
be allowed by the court to give bond in such sum and
with such surety as the court approves conditioned
only to pay the debts of the testator; but the court may
require of the executor a further bond in case of a
change in his circumstance, or for other sufficient case,
with the conditions named in the last preceding section
Commented [JCL10]: Art. 812 - In holographic wills,
the dispositions of the testator written below his
signature must be dated and signed by him in order to
make them valid as testamentary dispositions
Commented [JCL11]: Art. 952 - The heir, charged with
a legacy or devise, or the executor or administrator of
the estate, must deliver the very thing bequeathed if he
is able to do so and cannot discharge this obligation by
paying its value
Commented [JCL12]: Art. 812 - In holographic wills,
the dispositions of the testator written below his
signature must be dated and signed by him in order to
make them valid as testamentary dispositions
 EXTRAJUDICIAL SETTLEMENT OF ESTATE
WITH PARTITION AND WAIVER OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Extrajudicial Settlement of Estate with Partition and Waiver of

Rights (“Deed”) is made and entered into by and among:

MARIA DELA CRUZ, widow, of legal age, Filipino, and resident of Central City
Subdivision, Imelda Roces Avenue, Cruzada, Legazpi City;

ROLANDO DELA CRUZ, married to Catherine Dela Cruz, of legal age, Filipino,
and resident of Penaranda St., Legazpi City;

HEIRS OF THE LATE EDISON DELA CRUZ, represented by JOSELITO

DELA CRUZ AND EDWARD DELA CRUZ, all of legal age, single, Filipino, and
residents of Brgy. Sagpon, Daraga, Albay;

HEIRS OF THE LATE JAVIER DELA CRUZ, represented by DANIEL

DELA CRUZ AND NYMPHA VERGARA, all of legal age, single, Filipino, and
residents of Lapu-lapu St., Legazpi City and Brgy. Putiao, Pilar, Sorsogon, respectively;

MARY JANE DELA CRUZ, married to Samuel Gutierrez, of legal age, Filipino,
and resident of Sampaloc, Manila;

WITNESSETH:

That JUAN DELA CRUZ died intestate on June 2, 2024, leaving without any tes-
tamentary will, copy of his Death Certificate is hereto attached as Annex "A"; Commented [1]: Article 960 (1): Legal or intestate
succession takes place: If a person dies without a will, or
with a void will, or one which has subsequently lost its
That the decedent is the registered owner of certain real properties situated in the validity.
Province of Albay and more particularly described as follows:

A parcel of residential land (Lot 112 of the Cadastral Survey of Albay)

covered by Transfer Certificate of Title No. 246810 issued by the
Register of Deeds for the Province of Albay registered in the name of
JUAN DELA CRUZ married to MARIA DELA CRUZ consisting
of one hundred (100) square meters more or less situated in Central
City Subdivision, Imelda Roces Avenue, Cruzada, Legazpi City,
Annex “B”;

A parcel of agricultural land (Lot 244 of the Cadastral Survey of

Albay) covered by Transfer Certificate of Title No. 13579 issued by
the Register of Deeds for the Province of Albay registered in the name
of JUAN DELA CRUZ consisting of thirty thousand (30,000) square
meters more or less situated in Brgy. Bagacay, Legazpi City, Annex
“C”;
 That no personal properties are involved in this Deed.

That there are no known debts or obligations due against the estate of said decedent;

That the parties hereto are the sole and only heirs of the decedent entitled to succeed
to his estate, they being his wife and legitimate children respectively, copies of the marriage
contract and birth certificates of the children are hereto attached as Annexes “ D” , “E”,
“F”, “G”, & “H”, respectively;

That EDISON DELA CRUZ also died intestate on September 30, 2001, copy of
his Death Certificate is hereto attached as Annex "I", leaving without any testamentary
will nor debts not settled until the present and upon his death, he was survived by his marital
children, JOSELITO DELA CRUZ AND EDWARD DELA CRUZ, copies of their birth
certificates are hereto attached as Annexes “J” & “K”; Commented [2]: Article 970. Representation is a right
created by fiction of law, by virtue of which the
representative is raised to the place and the degree of the
That JAVIER DELA CRUZ also died intestate on March 15, 2019, copy of his person represented, and acquires the rights which the latter
Death Certificate is hereto attached as Annex "L", leaving without any testamentary will would have if he were living or if he could have inherited.
nor debts not settled until the present and upon his death, he was survived by his marital Article 971. The representative is called to the succession by
child, DANIEL DELA CRUZ, and non-marital child, NYMPHA VERGARA, copies of the law and not by the person represented. The
representative does not succeed the person represented
their birth certificates are hereto attached as Annexes “M” & “N”; but the one whom the person represented would have
succeeded.
That to the best interest of the parties, the entire estate particularly the real estate
Article 972. The right of representation takes place in the
above-described will be divided, partitioned and adjudicated between/among themselves direct descending line, but never in the ascending.
in the manner and form hereinafter set forth;
Commented [3]: Article 982. The grandchildren and other
descendants shall inherit by right of representation, and if
NOW THEREFORE, for and in consideration of the foregoing premises, and any one of them should have died, leaving several heirs, the
invoking the provision of Section 1, Rule 74 of the Rules of Court, the parties hereto have portion pertaining to him shall be divided among the latter
in equal portions.
agreed as they hereby do so agree to divide, partition and adjudicate the above estate
between/among themselves in the following proportion, to wit: Aquino v. Aquino (in relation to Articles 982 and 992): This
ruling will only apply when the nonmarital child has a right
of representation to their parent's share in her
That the parties herein have caused the subdivision of the agricultural land (Lot 244 grandparent's legitime.
of the Cadastral Survey of Albay) covered by Transfer Certificate of Title No. 13579 with
an area of 30,000 sqm. situated in Legazpi City into seven (7) sub-lots, a copy of the Commented [4]: Article 1079. Partition, in general, is the
separation, division and assignment of a thing held in
Subdivision Plan attached hereto as Annex “O”, and have mutually and voluntarily agreed common among those to whom it may belong. The thing
to officially partition and adjudicate unto themselves, and forever bound therein, the itself may be divided, or its value.

aforementioned sub-lots into the following manner: Commented [5]: Article 996. If a widow or widower and
legitimate children or descendants are left, the surviving
spouse has in the succession the same share as that of each
NAME Lot No. Area (sqm.) of the children.
Commented [6]: Article 980. The children of the deceased
MARIA DELA CRUZ 244-A 6,000 shall always inherit from him in their own right, dividing the
inheritance in equal shares.
ROLANDO DELA CRUZ 244-B 6,000
Commented [7]: Article 981. Should children of the
JOSELITO DELA CRUZ 244-C 3,000 deceased and descendants of other children who are dead,
survive, the former shall inherit in their own right, and the
EDWARD DELA CRUZ 244-D 3,000 latter by right of representation.
Commented [8]: Article 974. Whenever there is
DANIEL DELA CRUZ 244-E 4,000 succession by representation, the division of the estate shall
be made per stirpes, in such manner that the representative
NYMPHA VERGARA 244-F 2,000 or representatives shall not inherit more than what the
person they represent would inherit, if he were living or
MARY JANE DELA CRUZ 244-G 6,000 could inherit.
Commented [9]: Article 983. If illegitimate children
survive with legitimate children, the shares of the former
shall be in the proportions prescribed by article 895.
 That further, the parties herein declare that the said parcel of agricultural land is not
tenanted nor worked upon by an agricultural lessee for the herein parties are the ones in
possession of the said parcel of land and that this transaction is in consonance with the
provisions of the Comprehensive Agrarian Reform Law of the Philippines.

That we, MARIA DELA CRUZ, MARY JANE DELA CRUZ, JOSELITO
DELA CRUZ, EDWARD DELA CRUZ, DANIEL DELA CRUZ, AND NYMPHA
VERGARA, do hereby RENOUNCE AND WAIVE our rights, interests, share and
participation in the residential land covered by Transfer Certificate of Title No. 246810, in
favor of our co-heir, ROLANDO DELA CRUZ; Commented [10]: Article 1018. In legal succession the
share of the person who repudiates the inheritance shall
always accrue to his co-heirs.
Subject, however, to contingent liabilities to creditors, heirs or other persons who
might have been deprived of lawful participation in the estate of the decedent, for a period
of two (2) years from and after the settlement and distribution thereof, in years from and
after the settlement and distribution thereof, in accordance with the provisions of Section
4, Rule 74 of the Rules of Court; and

That in the remote event that any other property of the decedent should ever be
found which is not included herein above, the parties hereto further agree as they do so
agree to settle and distribute the same in like manner and proportion as herein established
and disposed.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this 30th day
of June 2024 at Legazpi City, Philippines.

MARIA DELA CRUZ

Legal Heir

ROLANDO DELA CRUZ MARY JANE DELA CRUZ

Legal Heir Legal Heir

HEIRS OF THE LATE EDISON DELA CRUZ

Represented by:

JOSELITO DELA CRUZ EDWARD DELA CRUZ

Legal Heir Legal Heir

HEIRS OF THE LATE JAVIER DELA CRUZ

Represented by:

DANIEL DELA CRUZ NYMPHA VERGARA

Legal Heir Legal Heir
 SIGNED IN THE PRESENCE OF:

SERENA GOYENA JACINTO ZAMORA

ACKNOWLEDGEMENT

Republic of the Philippines }

Legazpi City }

BEFORE ME this 30th day of June 2024 at Legazpi City, Philippines,

personally appeared the following persons, who are identified by me through competent
evidence of identity:

Name Competent Evidence Date/Place Issued

of Identity
MARIA DELA CRUZ Passport No. ZBP8912 Jan. 6, 2021, DFA Legazpi
ROLANDO DELA CRUZ Passport No. CTX9912 Mar. 30, 2019, PE London
MARY JANE DELA CRUZ PRC No. 255587 Oct. 10, 2022, Manila
JOSELITO DELA CRUZ Driver’s License 97211 Feb. 12, 2020, Legazpi
EDWARD DELA CRUZ UMID 32211897-D Jul. 22, 2022, Legazpi
DANIEL DELA CRUZ PRC No. 423778 Dec. 21, 2023, Manila
NYMPHA VERGARA Passport No. QZW88219 Sep. 13, DFA Legazpi

known to me and to me made known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their own free voluntary act and deed.

This instrument refers to a Extrajudicial Settlement of Estate with Partition and

Waiver of Rights consisting of four (4) pages including this page on which the
acknowledgment is written and duly signed by the parties and their instrumental witnesses.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above
written.

__________________________
ATTY. ROSA S. DIAZ
NOTARY PUBLIC - Legazpi City
Appointment No. 122
Until December 27, 2024
Roll No. 189200
PTR No. 3204, June 18, 2022, Legazpi City
IBP No. 3849174, May 2022, Manila
Office Address: Cruzada, Legazpi City
Email: [email protected]
Contact Number: 09176530979
Doc. No. 65;
Page No. 10;
Book No. XXXIII;
Series of 2024.