Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
Branch 02,
TALISAY CITY,
CEBU

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO.17986

Plaintiff, FOR: VIOLATION OF PD#22

-versus-

CARLITO D. ESCOTE,
Accused

POSITION PAPER OF THE ACCUSED TO ENTER INTO COMPROMISE PAYMENT

COMES NOW THE ACCUSED, thru this verified instrument most respectfully submit this

instrument unto this Honorable Court, respectfully submit this instrument in order to

amicable settlements of the above-mentioned cased, do hereby depose and averse That –

1) Accused had entered an arraignment TO NOT GUILTY, last August 25,

2022, that in pursuant to the order executed by this HON. CHARINA G.

NAVARRO-QUIJANO, Presiding Judge, Who likewise referred both

parties to the Philippine Mediation Center (PMC) in order to raised the

possible settlement thru a COMPROMISE AGREEMENT. Here with

attach the court order issued by this Honorable Court and was officially

received by the accused on October 3, 2022 as Annex A to form apart

hereof.

2) Both parties, had officially obeyed the so called ordered of said

mediation proceedings in the presence of HON. Arbiter dated on

September 8, 2022, but certainly on September 19 was next conference

together with Mr. Philip Lloyd Tecson He had informed the accused not

to proceed the venue as per advised from the Arbiter. And again

another resetting on September 27, and I decided to call the plaintiff

last September 26, plaintiff answered according to Him that His wife had

ongoing birthing labor.

3) In consonants to this compromised settlement entered on both parties

 had agreed to prepared their individual option in order to met and

resolve the issues, however, when the accused secured the plaintiffs

instrument he found out in paragraph (1) indicated the total amount

Three Hundred Nighty Eight Thousand Nine Hundred Fifteen

(Php.398,915.00) that is very confusing because the principal amount

borrowed was only(Php.33,400.00) as per issued check No.0003472831

China Bank Cebu-SM City Branch. As they have exhibit to this

Honorable Court.

4) In paragraph (3) it is also stated that the borrower should issue in favor

of the LENDER a postdated checks covering the series of monthly

payments. As DEBTOR guarantees that sufficient and existing funds for

the new checks to be issued. Eventually, accused, has no current

account at presents, due he was suffering to bankruptcy had no more

income to provide such issuance postdated checks. Here with attach

the plaintiff compromise agreement proforma offered to the accused as

Annexes B and B-1 to form apart hereof.

ARGUMENT AND ISSUES

5) Plaintiffs representation is now in question hence, in their complaint of

Batas Blng 22 otherwise called as bouncing check as presidential

decree No.22. Accused, had notice that Mr.Philip Lloyd Tecson whom

had acting as plaintiffs representative did not suffice his authority to

sue and to be sued, in connection to his legal representation

considering the facts, no attachment of a General Special Power of

Authority or a board resolution to mention his participation of this case

and He is NOT THE RIGHT PARTIES OF INTEREST, to filed this

complaint against the said accused, that PREJUDICE and this is

contrary to LAW.

6) Accused is willing to pay and enter into what so ever obligation that he

had committed the reason of submitting this position paper to resolve

issues, the option are as follows;

 6.1 That the representation of plaintiffs must be provided with a legal

authority in representing this case, to provide the so called instrument

as narrated under PAR(5) of this instrument.

6.2 That their must be transparent liquidation and statement of account

as a breakdown of the so called (Php.398,915.00) as allegedly payable

for the accused this tantamount a rubbery of the lights,

6.3 Accused is optimistic that a settlement be make by parties in

resolving the issues through compromise agreement

There are two kinds of compromise agreements, the judicial, which puts an end to a pending litigation, and
the extrajudicial, which is to avoid a litigation (Civil Code of the Philippines, Art. 2028; Caguioa, VI
Commentaries and Cases, on Civil Law 292 [1970]).

As a contract, a compromise agreement is perfected by mutual consent (Rovero v. Amparo, 91 Phil. 228
[1952]). A judicial compromise, however, while binding between the parties upon its execution, is not
executory until it is approved by the court and reduced to a judgment.

Article 2037 of the Civil Code of the Philippines provides:

A compromise has upon the parties the effect and authority of res judicata; but there shall
be no execution except in compliance with a judicial compromise.

The non-fulfillment of the terms and conditions of a compromise agreement approved by the court justifies
execution thereof and the issuance of the writ for said purpose is the court's ministerial duty enforceable
by mandamus (Maceda, Jr. v. Moreman Builders Co., Inc., 203 SCRA 293 [1991]).

PRAYER

WHEREFORE, in the premises considered, ACCUSED, PRAY to be given merits with

reconsideration to resolve this pleading including the granting of this position paper as

submitted to this Honorable Court shall be given due course, that a compromise payment

of Php.20,000.00 on November 30, 2022 as initial payment another succeeding

Php.5,000.00 every 30th days of the month until completion of agreed payable amounts

be resolve thru judicial judgement. Other relief and remedies, prays for such other relief

deemed just and equitable under the premises.

RESPECTFULLY SUBMITTED

CARLITO D. ESCOTE
ALLEGED ACCUSED
TIN NO; 289 630 856 000
ISSUED ON;._________
 VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING

I, CARLITO D. ESCOTE, of legal age, married, Filipino and with Postal address at F.
Jaca St., Inayawan, Cebu City, Philippines, after having been sworn in accordance
with law, do hereby depose and state.

1. I am the Accused, of abovementioned case, I have read and caused the

preparation of the foregoing instruments its content which are true and correct of
my own personal knowledge and belief.

2. I hereby certify to the truth of the following facts and/or undertake that:

a. Accused has not henceforth commenced any other action or proceeding involving
the same issues raised in its counterclaims in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;
b. To the best of my knowledge, no such action or proceeding is pending in the
supreme Court, the Court of Appeals, or other tribunal or agency; and;

c. If I should thereafter learn that a similar action or proceeding has been filed or is
spending before the Supreme Court, the Court of Appeals, any other tribunal or agency, I
undertake to report that fact within five (5) days there from to the court where the above
captioned case is being RESOLVED.
IN WITNESS WHEREOF, I have hereunto affixed my signature this day ____2022 of at
Cebu City, (For Talisay City),Cebu Philippines

CARLITO D. ESCOTE
Allege Accused / Affiants
TIN No. 289 630 856 000
Issued On __________
Issued At _________

SUBSCRIBED AND SWORN, to before me on this day of ___ 2022, in Cebu City, (for
Talisay City) Philippines, by affiants and I personally examined his identification Card as
per attached hereof, indicate below his name and understood the contents of this
instruments consisting of (4) pages including this page.

WITNESS MY HAND AND SEAL on the day, year in the place above-written.

Doc. No. ___

Page No.___
Book No.___
Series of 2022
 NOTICE OF SUBMISSION

THE BRANCH CLERK OF COURT

Municipal Trial Court
in Cities Branch 2
Talisay City, Cebu

GREETINGS!

Please submit this foregoing instrument On October 7, 2022 to

Resolve during
Motion Day, issuance of Judicial Order for payments for the Plaintiffs
satisfaction reference to the order issued by this Honorable Court of the
plaintiff for consideration and resolution of this August 25, 2022 to this
Honorable Trial Court, Branch 2, Talisay City, Cebu Province, immediately
upon receipt hereof. Thank you.

Respectfully submitted on this September 12, 2022

Cebu City, (For Mandaue City), Cebu Province Philippines.

CARLITO D. ESCOTE
Allege Accused
TIN No.: 289 630 856 000
Issued on : _______ 2022

Copy furnish to:

The HONORABLE ARBITER

Philippine Mediation Center( PMC)
Palace of Justice, Talisay Cebu

Mr. Richard
The real plaintiffs: Fast Finance Corporation

Thru: Philip Lloyd Tecson

Allege representative
Fast Finance Corporation