Republic of the Philippines
REGIONAL TRIAL COURT
10th Judicial Region
Branch 69, Tonga City
SCOOBY DU,
Plaintiff,
-versus- Civil Case No. TONG-1234
For: Declaration of Ownership of a
Condominium Unit with Application
for Preliminary Injunction
SPOUSES MAMA MIA,
PAPA MIA, and PUERTA LONGA
REALTY DEVELOPMENT CORPORATION,
Defendants.
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COMPROMISE AGREEMENT
COME NOW, the parties assisted by counsel and to this Honorable Court,
most respectfully SUBMITS the following Compromise Agreement:
1. That defendants admit the complaint of the plaintiff involving the
unit owned by defendant corporation and purchased by Spouses Mama Mia and
Papa Mia which they intern to sold to the plaintiff contained in the
Memorandum of Agreement subjects to the following conditions, to wit:
a) Defendant Mama Mia waived her right over the subject
condominium unit including ownership thereof in favor
of plaintiff Scooby Du;
b) Plaintiff Scooby Du paid Three Hundred Fifty Thousand
Pesos (P350,000.00) in cash to defendant Mama Mia per
Official Receipt No. 1234 as reimbursement of her
payments previously made as stipulated in the contract
to sell hereto attached as Annex “A”;
c) Plaintiff Scooby Du will assume all monthly amortization
of Thirteen Thousand Fifty-Seven Pesos and 28/100 cntvs.
(P13,057.28) starting November 15, 2008 until October 15,
2013, however, the amortizations from November 2008
until May 2009 were already paid;
d) Plaintiff Scooby Du will pay the turn-over fee of the
subject unit to the Developer in the amount of Two
Hundred Twenty-Three Thousand Eight Hundred
Thirty-Nine Pesos (P223,839.00);
e) That the P223,839.00 shall be paid by the defendants
Spouses Mia to the plaintiff on or before December 15,
2010.
2. That defendant Spouses Mia shall be liable to pay the transfer fee of
P30,000.00 to defendant corporation;
3. That defendant Spouses Mia admit that the monthly amortization
from June 2009 until at present have not been paid yet by them and that plaintiff
shall assume the payments thereof who shall be responsible to pay the same
immediately upon the approval of this Compromise Agreement;
4. That the P75,000.00 which defendants Spouses Mia borrowed from
the plaintiff was used to pay the amortizations from December 2008 until May
2009 which has amounted to P78,343.68;
5. That the turn over obligation in the amount of P223,839.00 which
shall be paid to the developer shall be assumed by the plaintiff as agreed in par. 1
(d);
6. That plaintiff Lonnie Johnson is already a holder of membership
share Class A per Membership Certificate No. 00421, a copy thereof is hereto
attached as Annex “B”;
7. That after the compliance of the conditions of this Compromise
Agreement, the plaintiff shall execute an Affidavit of Desistance in order to
withdraw the Criminal Cases he filed against defendants Spouses Mia and that
the above-entitled case shall be considered as having been terminated or closed;
8. That the parties hereby waive such other monetary claims and
counter-claims against each other relative to the filing of the Criminal and Civil
Cases;
9. That the attorney’s fees shall be handled by the parties as their
separate obligation to their respective counsels.
WHEREFORE, it is prayed that the foregoing Compromise Agreement
shall be approved and shall be made the basis of the judgment of the above-
entitled case.
Tonga City, Philippines, February _____, 2010.
Scooby Du Mama Mia
Plaintiff Defendant
Papa Mia
Defendant
PUERTA LONGA REALTY DEVELOPMENT CORPORATION
Defendant
By:
___________________________
Assisted by:
ATTY. _________________ ATTY. _________________
Counsel for Plaintiff Counsel for Defendant Sps. Mia
ATTY. ______________________
Counsel for Defendant Corporation
The Clerk of Court
RTC, Branch 69
Tonga City
G R E E T I N G S:
Please submit the foregoing compromise agreement immediately upon
receipt hereof for the approval of the Honorable Court.
ATTY. ________________ ATTY. __________________
ATTY. ___________________
