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REPUBLIC OF THE PHILIPPINES)

SURIGAO CITY ) S.S.

AFFIDAVIT OF UNDERTAKING

I, ADELAIDA C. TOCA, of legal age, Widow, Filipino citizen, a resident of San Francisco,
Surigao del Norte, after having been duly sworn to accordance with the law do hereby depose and say
that:

1. I am a party in the pre-litigation conference conducted before the Public Attorney’s Office,
Surigao City / del Norte District, between me and JANET G. TINIO.

2. In the said pre-litigation conference, we have come to an agreement and I hereby undertake
the following:

a. To execute the necessary documents for the transfer of the land purchased by JANET G.
TINIO from me and my daughter, ROSITA TOCA-BOUSUM specifically:

A portion equal to SIX THOUSAND SQUARE METERS (6,000 SQR MTRS)


representing the share of ADELAIDA C. TOCA and ROSITA TOCA-BOUSUM as
heirs of the late VICENTE TOCA JR., A parcel of land, located in Maybog, Diaz,
San Francisco, Surigao del Norte, bounded on the North by Aniano Toca, on the
South by Fidel Toca, on the East by Cornelia Morta, and on the West by Francisco
Toca, containing an area of 8,000 square meters covered by Tax Declaration N0.
306 for the year 1985 and with an assessed value of P1,540.00.;

b. To refund the amount of THIRTY EIGHT THOUSAND PESOS (PHP 38,000.00) to


JANET G. TINIO, representing the overpayment in the purchase in the above-mentioned
property immediately after I will be able to sell my coconut land property located at Brgy.
Linongganan, San Francisco, Surigao del Norte;

3. Should I violate any portion of this undertaking without justifiable cause I shall be liable to pay
to JANET G. TINIO moral and exemplary damages in addition to the actual damages that the court may
award and in addition to the criminal liability I may have incurred.

4. I am executing this affidavit freely and voluntarily without anyone compelling me the contents
of which were explained and translated to me in the Cebuano-Surigaonon dialect which I speak and
understand – in order to attest to the veracity of all the foregoing.

IN WITNESS WHEREOF, we have hereunto set our hands and affix our signatures this 4th day of
July, 2011 in the City of Surigao, Philippines.

ADELAIDA C. TOCA
(Affiant)
CONFORME:

JANET G. TINO

SUBSCRIBED AND SWORN, to before me this 4th day of July 2011 in the City of Surigao,
Philippines. I hereby certify that I have personally examined the affiants and that they understand the
foregoing statements and executed the affidavit free and voluntarily.

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