extra-judicial partition of heirs with waiver-rostata family

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EXTRA-JUDICIAL SETTLEMENT OF ESTATE AMONG HEIRS

EXTRA-JUDICIAL SETTLEMENT OF ESTATE AMONG HEIRS

WITH WAIVER OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

This EXTRA JUDICIAL SETTLEMENT AMONG HEIRS was made and executed by and among the surviving spouse and children respectively of the late, EUSEBIO I. ROSTATA, who died on MARCH 11, 2008 at SHANNON WEST TEXAS MEMORIAL HOSPITAL, Tom Green, San Angelo, 76903, Texas, USA as indicated under his Death Certificate No. 01-0233 duly issued by the LCR Of Tom Green County, San Angelo Texas due to Cardiac Arrest and he was survived by her wife and their following children as compulsory heirs, as follows;

1. JULIA B. ROSTATA, surviving wife of legal age, widow, Filipino and a resident of #3310 N. Bryant Blvd., Apt.107 San Angelo, Texas, USA, with Waiver of Rights executed on December 19, 2012 at the Consulate General of the Philippines in Los Angeles, California, U.S.A.; 2. JUDY LYNNE R. YBAY, surviving daughter, of legal age, married, Filipino and a resident of #15248 Chad Drive SE ,Yelm, Washington State, USA, with Waiver of Rights executed on December 4, 2012 at the Consulate General of the Philippines in San Francisco, California, U.S.A.;

3. REGINA B. ROSTATA, surviving daughter, of legal age, single, Filipino and a resident of: #3310 N. Bryant Blvd., Apt.107 San Angelo, Texas, with Waiver of Rights executed on February 21, 2013 at the Consulate General of the Philippines in Los Angeles, California, U.S.A.;

4. ROGER B. ROSTATA, surviving son, of legal age, married, Filipino currently an OFW working in Kuwait, local address at #13174 Saguin St., Dau Homesite, Dau, Mabalacat City, Pampanga, with Waiver of Rights executed on November 20, 2012 at the Consulate General of the Philippines in and for State of Kuwait; 5. JOANNE B. ROSTATA, surviving daughter of legal age, single, Filipino and a resident of 13174 Saguin St., Dau Homesite, Mabalacat City, Pampanga, which is herein represented by her Atty-in-Fact: GLORYDINNE B. ROSTATA, of legal age, married, Filipino and a resident of 13174 Saguin St., Dau Homesite, Mabalacat City, Pampanga as indicated in her Special Power Of Attorney executed on February 13, 2013, before the Notary Public: Gerald Guttrie P. Aquino under his registry book, Doc. No. 126; Page No. 88; Book No. 1; Series of 2013;

WITNESSETH:

That the above-named parties are the surviving spouse and legitimate children, respectively, of the late: EUSEBIO I. ROSTATA, who died on MARCH 11, 2008 at SHANNON WEST TEXAS MEMORIAL HOSPITAL, Tom Green, San Angelo, 76903, Texas, USA as indicated under his Death Certificate No. 01-0233 duly issued by the LCR Of Tom green county, San Angelo Texas due to Cardiac Arrest Herewith is attached a copy of the said Death Certificate as ANNEX A;

That the said deceased died intestate without executing any Testament to the best of their knowledge and information of the parties hereto and the said deceased left no debts;

That said deceased, at the time of his death he left behind a parcel of lot with improvements with an area of 202 sq.m. more or less, located at Dau Homesite, Mabalacat, Pampanga covered under TCT NO. 186628-R; TCT NO. 186628-R

A parcel of land (Lot-10, Blk-20-1 of the subd., plan (LRC) Psd-202163 being a portion of lot 29-B (LRC) Psd-197421, LRC (GLRC) Rec. No. 11732) situated in the Bo. Dau , Mabalacat, Pampanga x x x x x with an area of 202 sq.m. more or less x x x

That pursuant to Sec. 1, Rule 74 of the Revised Rules of Court of the Philippines, and the parties herein being of age, and with full civil capacity to contract, hereby by these presents agree to divide and adjudicate, as they hereby divide and adjudicate, among themselves, the above-described real property, in accordance with the provision of the law in relation to intestate succession. That their respective shares in relation to the undivided portion of the said lot with an area of 202 square meters only will be WAIVED Equally to the FAVOR of: JOANNE B. ROSTATA, of legal age, single, Filipino and a resident of 13174 Saguin St., Dau Homesite, Mabalacat City, Pampanga;That they hereby affirm that they have executed the foregoing instrument out of their own voluntary free will without force, intimidation or violence upon their persons and have no claim or demand against each other.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of September, 2013 at Mabalacat City, Pampanga.JULIA B. ROSTATA

JUDY LYNNE R. YBAY

Surviving Spouse

Surviving daughter

With Waiver of Rights

With Waiver of RightsREGINA B. ROSTATA,

ROGER B. ROSTATA

Surviving daughter

Surviving sonWith Waiver of Rights

With Waiver of Rights

JOANNE B. ROSTATASurviving daughter Represented by:

GLORYDINNE B. ROSTATA

Atty-in-fact

Signed in the presence of:

Nelson Meneses

Darren Valenzuela

Dau, Mabt. City

Dau, Mabt. CityACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

MABALACAT CITY, PAMPANGA) S.S.

BEFORE ME, a Notary Public for and in Mabalacat City, Province of Pampanga, this 4th day of September, 2013, came and appeared, known to me to be the same person Glorydinne B. Rostata who has satisfactorily proven to her identity through her SSS ID No. 02-3081419-2; that she is the same person who executed the foregoing instrument relating to the Extra-Judicial Partition Settlement Among Heirs with Waiver of Rights, consisting of three (3) pages including the page on which this Acknowledgment is written and that the same is her free own and voluntary act and deed.

WITNESS MY HAND AND SEAL.

ATTY. JACKSON VISDA YABUT

NOTARY PUBLIC-ANGELES CITY

Commission Serial No. 2012-390

Until December 31, 2014

PTR No. 0458740/01-02-13/A.C.

Doc. No. 3784;

Lifetime IBP No. 04794/06-04-03/Pasig City

Page No. 91;

Roll of Attorneys No. 44607

Book No. LXXII;

30 Plaza Romana Bldg., Dau, Mabt. City, Pamp.

Series of 2013.

MCLE Compliance No. IV-0018351/04-25-13/Pasig City