SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
WE, xxx, of legal age, married, Filipino, and with postal address at __________________, and xxx , of legal age, married, Filipino, and with postal address at __________________, hereby name, constitute and appoint our sister xxx, of legal age, married, Filipino, and with postal address at _________________, to be our true and lawful attorney-in-fact, for us and in our name, place and stead, to do and perform any and all of the following acts and powers, to wit:
1. To SELL to the buyer named __________________________, of legal age, married, Filipino, and residing at ______________________________________. a parcel of land which we co-owned as the legal heirs of our deceased our mother xxx, who died in Las Pinas City on September 4, 2009. The subject property in her inheritance share from the estate of her deceased mother xxx, who died on 16 August 2001 in Bacolod City. It is still covered by the mother title TCT No. T-799961, issued on 4 April 1979 by the Register of Deeds of Bacolod City, a copy of which is attached as Annex “A” hereof, with an area of Seventeen Thousand Four Hundred Eighty Nine (17,489) square meters, described. Out of such original area, the share of our mother xxx is _______________________________________________ (_____) square meters. The mother title/property is identified as as follows:
“A parcel of land (Lot 1102 – A of the Subdivision Plan (LRC)…214709, being a portion of Lot 1102, Bacolod Cadastre, LRC CAD. Record No. 55), situated in the City of Bacolod, Island of Negros: … containing an area of SEVENTEEN THOUSAND FOUR HUNDRED AND EIGHTY NINE (17,489) SQUARE METERS, more or less, … original survey, March 1913-March 1914 and that of the subdivision survey executed by Hernando B. Guillem, geodetic engineer, on Jan. 10-11, 1975.”
2. Our said attorney-in-fact xxx is hereby empowered by us to fix the terms and conditions of such sale as she may deem best and proper. The purchase of the said sale shall be EQUALLY DIVIDED by her among all of us, i.e., the three children of our deceased mother xxx, namely, xxx, xxx, and xxx. Our individual shares from the said purchase price shall be released to us by our attorney-in-fact immediately upon payment of the purchase price.
3. We empower our attorney-in-fact to RECEIVE the purchase price of the sale; to SIGN, EXECUTE AND DELIVER any and all deeds, contracts, instruments, documents and papers necessary to consummate the deed of sale and other necessary legal documents; to represent us before the proper government agencies to effect the purpose and stipulations of the deed of sale and other documents; and to do such other necessary steps, actions and documentations as may be required by law to effect the said deed of sale in favor of the abovenamed buyer ______________________________________.
4. It is understood that the said buyer, __________________________________, shall be responsible for ALL TAXES, FEES, CHARGES, COSTS, AND EXPENSES RELATED TO THE DOCUMENTATION, EXECUTION, SIGNING AND CONSUMMATION OF THE NECESSARY DEED OF SALE, THE NOTARIZATION THEREOF, AND THE REGISTRATION THEREOF WITH THE CITY REGISTER OF DEEDS, THE CITY ASSESSOR, AND THE BUREAU OF INTERNAL REVENUE, AND OTHER CONCERNED GOVERNMENT AGENCIES.
5. We hereby empower our said attorney-in-fact to sue in any and all judicial and quasi-judicial fora and tribunals any and all parties who may violate the stipulations of the said sale.
6. We further grant the following additional legal powers to our said attorney-in-fact:
(a) To represent me during the preliminary conference, pre-trial conference, judicial dispute resolution conference, mediation conference, trial, appeals, and any and all stages of any and all suits that may be arise by reason of the foregoing matters and powers;
(b) To stipulate or admit facts and documents during the pretrial, trial and appeal stages of any and all such cases;
(c) To negotiate, enter into, and execute with the adverse party in the abovespecified case a compromise agreement or amicable settlement that may be legally entered into, subject to such terms and conditions that our attorneys-in-fact may deem necessary and proper;
(d) To assert, prosecute, and defend my rights and interests in the specified legal action as my said attorneys-in-fact may deem proper and necessary;
(e) To explore and adopt alternative modes of dispute resolution as may be allowed the Rules of Court of the Philippines, e.g. mediation, conciliation, and/or arbitration;
(f) To limit the number of witnesses, to refer the cases to a commissioner as may be necessary or reasonable, to suspend the proceedings if necessary, to agree on such matters as provided for in Rule 18 (pretrial) of the 1997 Rules of Civil Procedure, to simplify the issues, to amend the pleadings, to obtain a judgment on the pleadings, or to move for summary judgment, to make, sign, execute and deliver any and all documents and instruments in relation to the above powers, and to perform any and all inherent, implied and necessary powers to give effect to this special power of attorney.
(g) To sign, execute, deliver and file any and all necessary pleadings, whether initiatory or otherwise, and any and all documents, papers and instruments for purposes of implementing the powers granted by me in this instrument;
(h) To designate a substitute or delegate of his own choice to assist him in the effective and timely performance of any and all of the foregoing powers.
HEREBY GIVING AND GRANTING unto our said attorney-in-fact and/or his delegates and substitutes, full powers and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in and about the premises as fully to all intents and purposes as we might or could do if personally present and acting in person; and
HEREBY RATIFYING AND CONFIRMING all that our said attorney-in-fact or his delegates and substitutes, shall lawfully do and cause to be done under and by virtue of these presents.
Executed in _____________ this ____ day of ____________, 2017.
