Free Legal Form
Deed of Assignment
For passing rights you hold to another person for a price, such as your rights as buyer under a Contract to Sell, or money someone owes you. Both of you sign in front of the notary.
DEED OF ASSIGNMENT
KNOW ALL PERSONS BY THESE PRESENTS:
This Deed of Assignment is made and executed by and between:
assignor's full name, age years old, Filipino, civil status, and residing at assignor's address, hereinafter called the ASSIGNOR;
– and –
assignee's full name, age years old, Filipino, civil status, and residing at assignee's address, hereinafter called the ASSIGNEE.
WITNESSETH:
- The ASSIGNOR holds the following rights, with debtor or developer as the party bound to pay or perform them: rights being assigned;
- For and in consideration of the sum of amount in words (₱price), Philippine Currency, receipt of which in full the ASSIGNOR hereby acknowledges, the ASSIGNOR hereby ASSIGNS, TRANSFERS and CONVEYS to the ASSIGNEE, and the ASSIGNEE's heirs and assigns, all of the rights described above, and all of the ASSIGNOR's title and interest in them;
- The ASSIGNEE accepts this assignment;
- The ASSIGNOR warrants that the rights assigned exist and are legally enforceable at the time of this assignment, that the ASSIGNOR has not previously assigned, sold or encumbered them, and that the ASSIGNOR has full authority to make this assignment. The ASSIGNOR does not warrant the solvency of debtor or developer;
- The ASSIGNOR shall notify debtor or developer of this assignment in writing, with a copy of this Deed, and the ASSIGNEE may also give that notice. From that notice, payment or performance shall be made to the ASSIGNEE;
- The ASSIGNOR shall sign any further document reasonably needed to carry out this assignment, including any form required by debtor or developer.
IN WITNESS WHEREOF, the parties have hereunto set their hands this ____ day of ______________ 20___ at city or municipality, Philippines.
Assignor
Assignee
SIGNED IN THE PRESENCE OF:
Witness
Witness
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
city or municipality ) S.S.
BEFORE ME, a Notary Public for and in city or municipality, this ____ day of ______________ 20___, personally appeared:
| Name | Competent Evidence of Identity |
|---|---|
| assignor's full name | ID type and number |
| assignee's full name | ID type and number |
known to me and to me known to be the same persons who executed the foregoing Deed of Assignment, and who acknowledged to me that the same is their free and voluntary act and deed.
This instrument, consisting of ____ pages including this page on which the acknowledgment is written, has been signed by the parties and their instrumental witnesses on each and every page.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20___.
Before You Print
- Not legal advice. This is a general form. For your own situation, consult a lawyer, especially if your case is unusual or a lot of money is involved.
- You will sign it before the notary and confirm you signed it freely (this is called an acknowledgment).
- Do not sign it yet. You sign in front of the notary, with a valid government ID.
- Tell the person who owes the money (the debtor), or the developer, in writing as soon as the deed is signed, and give them a copy. Under Article 1626 of the Civil Code, a debtor who pays the person they first owed, before learning of the assignment, no longer owes the debt.
- Developers usually must agree in writing before a buyer's rights under a Contract to Sell can be passed to someone else, and many have their own form and transfer fee. Read your contract and ask the developer first. See the guide Buying from a developer.
- An assignment must be in a public document, such as a notarized deed, to bind other people who are not part of the deed (Civil Code, Article 1625). If it involves land, it must also be registered with the Registry of Deeds to bind them.
- Taxes may apply depending on what is assigned and for how much, such as documentary stamp tax, and for rights over land, capital gains or income tax. Ask the BIR before you sign.
- Passing the land itself to someone is a sale, not an assignment of rights. Use the Deed of Absolute Sale for that.
For the steps around this document, see the guide Buying from a developer.