Sample MOA

MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement, made and executed this ____ day of ________ 2013 by and between:
COMPANY A, a corporation duly established and operating under the

laws of the Philippines, with office address at LTA Bldg. Legaspi Village,
Makati City, duly represented by its President/Chaiman,
_________________, as evidenced by Corporate Secretary’s Certificate
dated _____, attached hereto as Annex “A” and hereinafter referred to as
the "FIRST PARTY";
-and-
Ms. X, Filipino, with residence at No. 1 La Vista Subdivision, Quezon

City, herein duly represented by her mother, Ms. Y, hereinafter referred
to as the "SECOND PARTY".
WITNESSETH;
WHEREAS, the late Mr. X, the father of the SECOND PARTY, is the beneficial
owner of a parcel of land (the “Property Lot”) located at No. 17 Badjao Street, La Vista
Subdivision, Quezon City, and the improvement constructed thereon, consisting of a
residential house covered by Tax Declaration No. D-078-06434;
WHEREAS, the Property Lot is an aliquot portion of an unsubdivided lot,

evidenced by Transfer Certificate of Title No. RT-), which was originally registered to
Ms. A , the grandmother of MR. X, more particularly described as follows:
WHEREAS, the rest of the unsubdivided lot outside the Property Lot, which is
also covered by TCT No. RT-), is exclusively owned by the FIRST PARTY, and its
representatives and assigns;
WHEREAS, TCT No. RT-) was transferred under the name of the FIRST PARTY
without first subdividing the property and transferring the registration of the
subdivided Property Lot to MR. X, who remained to be the beneficial owner of the
Property Lot despite the transfer of said title to the FIRST PARTY.
WHEREAS, pursuant to the transfer, TCT No. RT-) was cancelled and TCT Nos.
N-302443-302448 were issued in its stead. Subsequently, TCT Nos. N-302443-302448
were cancelled and TCT No. Nwas issued covering the parcel of land registered under
TCT No. RT-).
WHEREAS, MR. X passed away on 26 January 2012, leaving both the Property
Lot and the improvement thereon to the SECOND PARTY as the heir who stands to
get the Property Lot in the course of the partition of the estate of Mr. X;
WHEREAS, the Parties, by virtue of this Agreement, have agreed to preserve the
metes and bounds of the Property Lot and observe the peaceful possession over their
respective properties, with the clear intention of eventually conveying the Property Lot
to the SECOND PARTY;
NOW THEREFORE, for and in consideration of their mutual covenants under

2
this Agreement, the Parties agree to the following terms and conditions:
1. The Parties shall not, directly or indirectly, commit any act which will tend to
disturb the present peaceful possession of the SECOND PARTY to the
Property Lot and the present peaceful possession of the FIRST PARTY to its
portion of TCT No. N.
2. The FIRST PARTY shall not sell, mortgage, pledge, assign, or otherwise
dispose or encumber the aliquot and undivided Property Lot without the
written consent of SECOND PARTY.
3. The FIRST PARTY hereby undertakes to hold the SECOND PARTY,

including her Property Lot and residential house, free and harmless from any
claim, suit, obligation or liability resulting from any of its transactions of the
FIRST PARTY with third persons. In the event that any claim, suit, writ,
court process, obligation or liability of whatever nature arises, which may
result in the loss of possession, impairment and ownership of the SECOND
PARTY over the Property Lot and improvement thereon, the FIRST PARTY
shall defend the rights of the SECOND PARTY over the Property Lot and
said improvements. The FIRST PARTY shall answer for any loss, impairment
on or dispossession of said Property Lot and improvement resulting from any
judgment rendered, directly or indirectly, joint or several, against the FIRST
PARTY.
4. As the representative and co-beneficial owner of the Property Lot and the
improvement thereon, SECOND PARTY, at her expense, shall engage the
services of a surveyor who will conduct a survey of the land covered by Lot
psd 1, to delineate and identify the metes and bounds of the aliquot and
undivided portions belonging to each of the Parties. The survey must respect
existing improvements, easements and landscape on the whole property and
the ownership thereof.
5. Upon completion of the survey, the Lot Plan and the proposed Technical
Descriptions for the respective properties shall be submitted to the Land
Registration Authority and the Register of Deeds of Quezon City for the
issuance of subdivided Transfer Certificates of Titles under the names of the
FIRST and SECOND PARTY.
6. The FIRST PARTY shall within five (5) working days from the issuance of the
separate title for the Property Lot, cause the transfer said TCT in favor of the
SECOND PARTY.
7. In case of breach by any of the parties of the agreements herein, the guilty
party shall pay the innocent party all damages arising from the breach
including Attorney’s Fees, without prejudice to filing a suit for Quieting of
Title, Reinvicatoria, or other cases wherever appropriate.
8. This Agreement constitutes the entire agreement between and among the
parties. The parties acknowledge that no representations, inducements,
promises or statements, oral or otherwise, have been made by any of the
parties, or by anyone acting on behalf of the parties, which are not embodied
or incorporated by reference herein. Any amendment to or revision of this
Agreement shall be in writing and signed by the parties.
3
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this
______ day of __________________ at _________________________, Philippines.
__________________________________ ___________________________________
For COMPANY A,
SIGNED IN THE PRESENCE OF:
_________________________ ____________________________
ACKNOWLEDGEMENT
REPUBLIC OF THEPHILIPPINES)
) S.S.
BEFORE ME, a Notary Public for and in Quezon City, Metro Manila, personally
appeared:
Name ID No. Date/Place
known to me to be the same persons who executed the foregoing MEMORANDUM OF

AGREEMENT, consisting of three (3) pages, including the attached specification and
this page, and they acknowledged to me that they executed the same as their free and
voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set may hand and affixed my notarial seal
this ____ day of __________________.
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2013.
L2377 MOA XYZ

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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

COMPANY A, a corporation duly established and operating under the

Ms. X, Filipino, with residence at No. 1 La Vista Subdivision, Quezon

WHEREAS, the Property Lot is an aliquot portion of an unsubdivided lot,

NOW THEREFORE, for and in consideration of their mutual covenants under

3. The FIRST PARTY hereby undertakes to hold the SECOND PARTY,

SIGNED IN THE PRESENCE OF:

Name ID No. Date/Place

known to me to be the same persons who executed the foregoing MEMORANDUM OF

Doc. No. ____;

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