Compromise Agreement

Compromise Agreement
This compromise and settlement agreement is made by and between __________ [name of claimant],
(who will be referred to as plaintiff), whose address is __________, and __________[name of party
against whom claim is made], (who will be referred to as defendant), whose address is __________.
The parties stipulate to the following:
1. Plaintiff asserts a claim against defendant based on __________ [identify dispute by describing
pertinent facts].
2. An action based on this claim is now pending in the Superior Court of __________ County, case
number __________, with plaintiff represented by attorney __________, and defendant represented by
attorney __________.
3. Defendant denies any liability in connection with the alleged claim.
4. The parties wish to reach a full an

COMPROMISE AGREEMENT
This Agreement executed this 31st day of October, 2013 at Makati, Metro
Manila, by and between:
PEDRO PENDUKO, Filipino, of legal age with address at 222 Montclair

Street, Merville Park, Parañaque, Metro Manila, represented herein by Atty.
Juan Dela Cruz (hereinafter referred to as “the plaintiff”).
-and-
ENTENG KABISOTE, Filipino, of legal age with address at No. 11 Gold

Loop Street, Ortigas Center, Pasig, Metro Manila, represented herein by Atty.
Maria Makiling (hereinafter referred to as “the defendant”).
WITNESSETH: That -
WHEREAS, the plaintiff PENDUKO and defendant KABISOTE have

instituted several actions against each other in the past.
WHEREAS, the plaintiff PENDUKO instituted the present action for

reconveyance of real property,annulment of deed of sale and accounting of
income of property.
WHEREAS, the parties desire to buy peace and wish to avoid a protracted
litigation in this case.
NOW THEREFORE, in consideration of the foregoing and the further

covenants hereinafter set forth, the parties agree as follows:
1. Plaintiff shall be paid the sum of FOUR MILLION PESOS

(P4,000,000.00) in accordance with the following schedule:
a. Initial payment - TWO MILLION PESOS (P2,000,000.00) shall be paid to

the plaintiff by defendant KABISOTE upon the signing and due execution of
this Compromise Agreement, Provided, however, that the initial payment by
defendant KABISOTE shall be delivered into the custody and possession of a
third party, Atty. Maria Mercedes, who shall act as escrow-trustee of the
parties and who shall only deliver the said initial payment to the plaintiff
through plaintiff’s counsel upon the filing in Court of this Compromise
Agreement.
b. The balance of TWO MILLION PESOS (P1,000,000.00) shall be paid by
defendant Kabisote as follows:
Second payment - ONE MILLION PESOS (P1,000,000.00) within sixty (60)

days after the date of the first payment.
Third payment - ONE MILLION PESOS (P1,000,000.00) within forty-five (45)

days after the date of the second payment.
2. The initial payment by defendant KABISOTE shall be made in cash. The

two payments on the balance shall be covered by post-dated checks drawn by
defendant KABISOTE as payable to ATTY. JUAN DELA CRUZ who shall hold
and account for said payments in trust for plaintiff PENDUKO.
3. This Compromise Agreement shall not affect nor prejudice any case or
cases between the parties not specifically referred to herein.
4. Upon delivery of the initial payment made by defendant KABISOTE and

delivered to the escrow-trustee of the parties, the parties shall seek Court
approval of this Compromise Agreement and the cancellation or lifting of the
notice of lis pendens issued by the Court over the property subject of
theaction.
5. The signatories to this Agreement hereby represent and warrant that

they are duly authorized to execute this Agreement.
6. The parties or their assigns hereby waive, renounce and forever

quitclaim all their respective claims and counterclaims subject of the
instant action as well as those that may arise therefrom, in connection
therewith or in relation thereto.
7. The foregoing covenants are not contrary to law, morals, or public

policy and the parties bind themselves to comply strictly with their
undertakings.
IN WITNESS WHEREOF, parties herein affixed their signatures on the

date and place above written.
_________________________ ________
_________________
Plaintiff Defendant
Signed in the presence of:
_____________________________ ______________
________________
Parties assisted by their respective counsels, most respectfully submit the
foregoing compromise agreement, the terms and conditions of which are:
1. That they now wish to put an end to the following legal cases
now pending before the various courts and forum, namely:
(a) Civil Case No. 2352 (Declaration of Nullity of Contract,

Cancellation of Certificate of Title, etc. pending before RTC, Branch 13,
Ligao City.
(b) Civil Case No. 1304 (Unlawful Detainer) judgment of which

had been affirmed by the Honorable Court of Appeals in CA-G.R. No.
98694 and by the Honorable Supreme Court in G.R. No. 185254.
(c) Special Proceedings No. 431 (Settlement of estate of the late

Ronald O. Raola) pending before RTC, Branch 13, Ligao City.
(d) Criminal Case No. 5500 (Estafa) now pending before RTC,
Branch 13, Ligao City.
(e) Appeal before the Department of Justice (with pending motion

for reconsideration) I.S. No. 13-06.
(f) Petition before the Supreme Court in G.R. No. 185095 entitled
Ma. Susan L. Raola, et al. vs. Sps. Fernando and Ma. Concepcion Raola.
(g) And all other cases necessarily connected with or arising from
the various causes of action between and among the parties to these
cases. For this purpose and to this end, parties agree to submit copies of
this agreement to the various courts, government agencies and forum
before which the said actions/proceedings are pending so that the
corresponding orders of dismissal may already be promulgated and issued.
2. That Lot No. 759-B, covered by TCT No. 129660 of the Register
of Deeds of Ligao City and presently registered in the exclusive names of
the spouses FERNANDO & MA. CONCEPCION M. RAOLA, shall be
divided into two, which shall be apportioned as follows: a portion of Lot.
759-B, with an area of 35,109 square meters (including all improvements
and structures thereon found) shall remain to be the property of and titled
to the spouses FERNANDO & MA. CONCEPCION M. RAOLA, while
the property with an area of 34,153 square meters, including the structures
thereon found and improvements existing thereon shall be ceded to
DIOKLAN L. RAOLA and ROSETTE L. RAOLA, as specified in the
provisional sketch plan herewith attached to become [an] integral part
hereof; provided that, within 30 days from the approval of this
Compromise Agreement, a duly licensed geodetic engineer shall relocate
Lot 759-B and prepare a subdivision plan and have the same approved by
the Lands Management Bureau of the DENR which shall be the basis for
the division and issuance of separate certificates of title over the same
property. Expenses to be incurred for this shall be for the account of the
spouses Fernando & Ma. Concepcion M. Raola.
3. MARIA SUSAN L. RAOLA, DIOKLAN L. RAOLA, and

ROSETTE L. RAOLA warrant that the property ceded to them shall be
exclusively and solely used as a continuation of the piggery and hog
business of the late Ronald O. Raola, and should they (the former) decide
to sell the property and the business, they shall respect the right of first
refusal of the spouses FERNANDO & MA. CONCEPCION M.
RAOLA. To this end, spouses FERNANDO & MA. CONCEPCION M.
RAOLA hereby allow the free use of the water tank facility (built upon
the portion of the property belonging to them) for as long as the water
shall be exclusively used for piggery activities and enterprise by Dioklan
and Rosette L. Raola; provided that, if and when fencing shall be made,
the said water tank and facility shall be temporarily possessed by Dioklan
and Rosette during the times when they shall be using the same for the
piggery; provided still further, that if Dioklan and Rosette would abandon
the business, the water tank and facility shall be enclosed to form part of
the property of the spouses Fernando and Ma. Concepcion Raola;
provided finally, that if and when there shall be changes in the use of the
properties by either parties, then the primordial consideration is that the
shift shall not endanger and put to risk the others line of business and the
parties undertake to spend time to talk and find ways to avoid any risks
upon each others line of business.
4. The hammer mill shall be relocated from where it now is

installed to some ______ meters southwest of the grower/finisher building
as appearing on the sketch plan so that the birds in the aviary shall not be
disturbed by the noise emitted from [it] as a result of the operation of the
same hammer mill. Immediately prior to the transfer, plaintiffs shall
inform defendants of the exact location of the place of transfer.
5. All monies deposited with the Regional Trial Court, Branch 13
stationed at Ligao City, arising from or is necessarily connected with the
suits enumerated in par. 1 hereof, shall all be given to MA. SUSAN L.
RAOLA and the siblings of DIOKLAN & ROSETTE L. RAOLA.
6. The steel bars found at the gestating and farrowing building shall
be taken therefrom without danger to the buildings structures and be given
to MA. SUSAN, DIOKLAN & ROSETTE, all surnamed RAOLA.
7. The four (4) residential lots in Legazpi City (covered by TCT

Nos. 55015, 35205, 56211, and 56210) and which are all now in the names
of DIOKLAN L. RAOLA, ROSETTE L. RAOLA, RAY RAOLA and
RACHEL RAOLA shall be respected and any and all interested persons
hereby waive and quit any and all claims as against these four aforenamed
registered owners.
8. Simultaneously with the execution of this Agreement, MA.

SUSAN L. RAOLA shall execute an Affidavit of Desistance with Motion
to Dismiss Criminal Case I.S. No. 13-06 now pending before the
Department of Justice and Criminal Case No. 5500, now pending before
RTC, Branch 13, Ligao City, upon her and her daughters express
admission that the birds and fowls subject matter of that criminal case are
all owned by the spouses FERNANDO & MA. CONCEPCION M.
RAOLA.
9. In continuing on with the piggery business, MA. SUSAN,

DIOKLAN & ROSETTE L. RAOLA hereby undertake not to raise,
maintain, or have any other fowl in their property like, among others,
chickens, turkeys, ducks, geese, fighting cocks, nor conduct any form of
poultry business and the like to avoid any avian disease or flu that will
cause any undue risk to the aviary owned and maintained by the spouses
FERNANDO & MA. CONCEPCION M. RAOLA; provided further that
no dogs or cats or any domesticated animals shall be allowed to stray near
the aviary and must thus be caged, should there be any.
10. MA. SUSAN, DIOKLAN & ROSETTE L. RAOLA hereby

undertake, within a period of ninety (90) days from the time of the
approval of the Amicable Settlement, to transfer all personal properties or
animals and/or stocks in trade still in the property adjudicated to the
spouses Fernando and Ma. Concepcion Raola to their own property.
11. Expenses relative to capital gains taxes, documentary stamp
taxes, realty taxes, transfer taxes (BIR & local) and fees for documentation
shall all [be] for the account of MA. SUSAN, DIOKLAN & ROSETTE
L. RAOLA, provided that, the amount of FIVE HUNDRED THOUSAND
PESOS (Php500,000.00) shall be withdrawn from the funds deposited
with the RTC (mentioned in par. 5 hereof), to defray any and all expenses
therefor.
12. The parties hereby waive all claims and counterclaim they may
have as against each other, whether present, real or inchoate, and vow to
abide by the terms and conditions herein stated and agreed upon. It is the
essence of this agreement that the parties endeavor to maintain and bring
back the good familial relations between and among them; to this end, the
parties shall not file any action or proceedings as against each other rooted
upon or connected with the issues raised in the enumerated cases in
paragraph 1 hereof.
Wherefore, it is most respectfully prayed that a Decision be issued

and promulgated approving this Amicable Settlement. Other reliefs and
remedies as are just and equitable under the circumstances are here prayed
for.
Ligao City, Philippines. 17 March, 2009.
(signed) (signed) (signed)

MA. SUSAN L. RAOLA DIOKLAN L. RAOLA ROSETTE L. RAOLA
Plaintiff Plaintiff Plaintiff
Assisted by:
(signed) (signed)
Atty. JOSE VICENTE D. FERNANDEZ Atty. RAMIRO BORRES, JR.
(signed) (signed)
FERNANDO O. RAOLA MA. CONCEPCION M. RAOLA
Defendant Defendant
Assisted by:
(signed)
AVELINO V. SALES, JR.
For Himself and as counsel for the spouses
(signed)
ROSITA R. MILANTE
Defendant
(signed)
Atty. AILEEN ZAMORA
For Herself and as counsel of Ms. Milante

Compromise Agreement

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Compromise Agreement

The parties stipulate to the following:

3. Defendant denies any liability in connection with the alleged claim.

4. The parties wish to reach a full an

PEDRO PENDUKO, Filipino, of legal age with address at 222 Montclair

ENTENG KABISOTE, Filipino, of legal age with address at No. 11 Gold

WHEREAS, the plaintiff PENDUKO and defendant KABISOTE have

WHEREAS, the plaintiff PENDUKO instituted the present action for

NOW THEREFORE, in consideration of the foregoing and the further

1. Plaintiff shall be paid the sum of FOUR MILLION PESOS

a. Initial payment - TWO MILLION PESOS (P2,000,000.00) shall be paid to

Second payment - ONE MILLION PESOS (P1,000,000.00) within sixty (60)

Third payment - ONE MILLION PESOS (P1,000,000.00) within forty-five (45)

2. The initial payment by defendant KABISOTE shall be made in cash. The

4. Upon delivery of the initial payment made by defendant KABISOTE and

5. The signatories to this Agreement hereby represent and warrant that

6. The parties or their assigns hereby waive, renounce and forever

7. The foregoing covenants are not contrary to law, morals, or public

IN WITNESS WHEREOF, parties herein affixed their signatures on the

(a) Civil Case No. 2352 (Declaration of Nullity of Contract,

(b) Civil Case No. 1304 (Unlawful Detainer) judgment of which

(c) Special Proceedings No. 431 (Settlement of estate of the late

(e) Appeal before the Department of Justice (with pending motion

3. MARIA SUSAN L. RAOLA, DIOKLAN L. RAOLA, and

4. The hammer mill shall be relocated from where it now is

7. The four (4) residential lots in Legazpi City (covered by TCT

8. Simultaneously with the execution of this Agreement, MA.

9. In continuing on with the piggery business, MA. SUSAN,

10. MA. SUSAN, DIOKLAN & ROSETTE L. RAOLA hereby

Wherefore, it is most respectfully prayed that a Decision be issued

Ligao City, Philippines. 17 March, 2009.

(signed) (signed) (signed)

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