Republic of the Philippines

Regional Trial Court

Tacloban City
Branch 6
Juan Dela Cruz, Pedro Santos,
Maria Makiling and John Domingo,
Plaintiffs
Civil Case No.
123456
-versusDamages for

For: Recovery of
Breach of Contract of

Carriage
Ocean Liner Corporation,
Defendant
X-------------------------------------------------X
MOTION FOR APPROVAL OF COMPROMISE AGREEMENT
The parties respectfully allege that:
1.

Plaintiff filed this claim against defendant for recovery of

damages for Breach of Contract of Carriage.

2.

The parties have come to an amicable settlement and have

executed a compromise agreement with the following terms and
conditions:
COMPROMISE AGREEMENT
This Compromise Agreement (Agreement) is entered into by and between:
JUAN DE LA CRUZ, PEDRO SANTOS, MARIA MAKILING, JOHN
DOMINGO, hereinafter referred to as the first party, all of legal age and
with residence in Tacloban City, Philippines;
- and OCEAN LINER CORPORATION, hereinafter referred to as the second
party, a corporation duly organized and existing under and, by virtue of
the laws of the Philippines, with office at 12 Burgos Street, Tacloban City,

represented herein by its authorized representative, Ms. Anna Batumbakal.

WITNESSETH THAT:
WHEREAS, Juan De La Cruz, Pedro Santos, Maria Makiling, John
Domingo have filed an action for damages now pending in the Regional
Trial Court of Tacloban City Branch 6 for Breach of Contract of Carriage
designated as Civil Case No. 123456. Juan de la Cruz, Pedro Santos, Maria
Makiling and John Domingo are the heirs of the deceased passengers Jojo
de la Cruz, Susan Santos, Mario Makiling and Kokoy Domingo,
respectively.
WHEREAS, Ocean Liner Corporation admits the existence of the Contract
of Carriage with the aforementioned deceased and the breach thereof.
Moreover, Ocean Liner Corporation also acknowledges their failure to
exercise the extraordinary diligence required by law of common carriers.
WHEREAS, to buy peace and avoid further litigation, the Parties have
agreed to settle their differences subject of the Civil Cases.
NOW, THEREFORE, for and in consideration of the foregoing premises,
and subject to the mutual covenants and conditions hereinafter set forth, in
the spirit of goodwill and understanding, and to avoid the uncertainties and
additional costs of litigation, the Parties have agreed to amicably settle their
misunderstandings, including the Civil Cases, and all other and future
claims between the Parties arising out of the facts and circumstances
alleged in the Civil Cases, and hereby agree as follows:
I. Terms of Settlement:
A. Consideration
The Parties agree to the dismissal, settlement and end to the Civil Cases
upon the happening of the following:
a. Payment of the aggregate amount of Pesos: Eight Hundred Fifty
Thousand Pesos, broken down as follows:

Funeral Expenses
Actual Damages for Property Lost
Moral Damages
Attorneys Fees
Costs

P250,000
P80,000
P 300,000
P 120,000
P 100,000

___________________________________________________________
TOTAL

P 850,000.00

b. Upon execution of the Compromise Agreement, the first party, their

assigns, heirs, successors-in-interest, shall fully and unconditionally forever
release, waive, and discharge the second party, as well as its assigns,
successors-in-interest, agents, and employees for any and all causes of
action, claims, counterclaims and demands they and their assigns, heirs
and successors-in-interest may have at present or in the future whatsoever,
pertaining, or having any relation, to the Civil Case No. 123456 of the
Regional Trial Court of Tacloban City, Branch 6.
The Parties shall execute and/or cooperate in the execution of the necessary
documents for the proper discharge and release of whatever claims against
Ocean Liner Corporation its assigns, successors-in- interest, agents, and
employees for any and all causes of action, claims, counterclaims and
demands that Juan de la Cruz, et. al., their assigns, heirs and successors-ininterest may have at present or in the future whatsoever, pertaining, or
having any relation, to the above case.
Subject to the terms and conditions hereof, each Party agrees to do, or
cause to be done, all things necessary, proper or advisable under applicable
laws and regulations to consummate the transactions contemplated by this
settlement agreement as expeditiously as practicable, including, but
without limitation to, performance of such further acts or the execution and
delivery of any additional instruments or documents to obtain or required
for effecting the purposes of this agreement.
B. Manner

In view of the mutual desire of the parties to reach a just and agreeable
settlement between the parties and to ensure faithful compliance of the
parties of their respective undertakings:
a. The second party undertakes to deposit P18,000.00 to the respective
LandBank accounts of herein Juan De La Cruz, Pedro Santos, Maria
Makiling and John Domingo every month until the amount
abovementioned has been fully paid.
b. The first installment shall be paid one month after the approval of
this compromise agreement by the Court.
c. Each monthly installment shall be paid within the first five (5) days
of every month.
II. Waiver/Release/Discharge;
The Parties agree that upon signing of this agreement, they shall submit
this Compromise Agreement for judicial approval in the appropriate civil
cases or courts, through a Joint Motion for Judgment Based on a
Compromise Agreement.
The Parties agree that upon the occurrence of the events provided in I
paragraphs (a) and (b), and subject to the Courts approval, both parties and
their successor-in-interest, assigns, representatives, stockholders, officers,
directors, agents or employees agree to absolutely and unconditionally
release, quitclaim, discharge and hold free and harmless each other, from
any and all claims, suits and actions of whatever nature and kind, disclosed
and undisclosed, pending or potential, including but not limited to civil,
criminal and/or administrative actions, claims for sums of money, or
damages, which in the law or equity each party to this Agreement may have
against the other, its successors-in-interest and assigns had, now have or
may hereafter have by reason of any matter, cause or thing whatsoever,
directly or indirectly arising out of, or related to the facts and circumstances
mentioned or narrated in the Civil Case.
The considerations stated in I (A) shall represent the full, final,
unconditional and universal settlement of all claims, disclosed or

undisclosed between the Parties

The execution of this Compromise Agreement and/or the delivery and/or
the receipt of the consideration stated in I (A), or any portion thereof, is
not, and shall not be deemed to constitute an admission, express or
implied, by any party of any liability whatsoever, it being understood that
the parties have mutually and freely entered into and performed these acts
in the spirit of goodwill and understanding and to avoid or terminate
protracted and expensive litigation.
III. Representations and Warranties:
The Parties represent and warrant to each other that:
a) Each Party has full power and authority to enter into and execute and
deliver this Agreement, and to perform his/her/its obligations hereunder
which shall constitute respectively as their valid and legally binding
obligations in accordance with the terms hereof. Accordingly, prior to the
execution hereof each party shall submit to the others their respective
original/certified true copies of all pertinent resolutions, consents and
authorizations necessary for the execution, delivery and performance by the
parties of their respective covenants under this Compromise Agreement
and other related documents, certified copies of the authorization and the
specimen signature of the officers of each party who are authorized to
execute this Compromise Agreement and other related documents.
b) This Agreement constitutes each Partys legal, valid and binding
obligation, enforceable in accordance with its terms.
c) All consents, approvals and authorizations required or necessary for the
due execution, delivery and performance of this Agreement have been
obtained or effected and remain in full force and effect as of the date hereof.
d) Each party has read this Agreement and, before signing the same, has
consulted legal counsel, and each has executed or signed this Agreement on
their own free and voluntary will.

IV. Remedies in case of default:

The Parties herein hereby agree to pray for judgment based on the
foregoing Compromise Agreement. In the event of a violation of any
provision of this Agreement, the aggrieved party or its assignee, transferee
and/or successor-in-interest shall have the right to pursue any and all legal
actions it may have, under law and equity, as well as under this
Compromise Agreement, including but not limited to the prayer for
issuance of a writ of execution based on the Compromise Judgment,
claim/s for damages, costs and expenses it may have, and may still incur, as
a result of the violation, as well as to seek injunctive relief.
In the event that Ocean Liner Corporation fails to pay Juan de la Cruz, et. al
the Consideration in accordance with the schedule of payment described in
I(b) or the second party fails to comply with any provision of this
Agreement and in the case of non-compliance, they fail to correct the noncompliance within 30 days from receipt of notice of non-compliance, all
subsequent installments not due upon said date shall immediately be due
and demandable and the aggrieved party or its assignee, transferee and/or
successor-in-interest shall have the right to pursue any and all legal actions
it may have, under law and equity to enforce payment of the Consideration.
Moreover, in case of a default by Ocean Liner Corporation, any and all
payments received by Juan de la Cruz, et. al. as consideration shall be
forfeited as liquidated damages and to cover for other fees and expenses
incurred by the first party to effect the terms and conditions of this
agreement.
V. Separability and Superseding Clause:
If any of the provisions contained in this Compromise Agreement shall be
declared invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions hereof shall not in
any way be affected or impaired.

VI. Further Acts and Assurances:

A. Transaction Expenses
Transaction expenses shall include, among others, legal fees, financial
advisors fees and arrangers fees. Each party shall bear its own transaction
expenses.

B. Confidentiality
The Parties, their assignees, transferees and/or successors-in-interest agree
to keep the terms of this Compromise Agreement confidential and shall not
disclose any information contained herein to any third party, or the matters
contained herein (including, without limiting, information provided by or
on behalf of any of the parties, its assignee, transferee and/or successor-in
interest in connection with or pursuant to this Compromise Agreement)
without prior written consent of the other party, unless otherwise provided
by law or required by competent authority.

C. Transferability
The first party may assign or transfer its rights under this Agreement to any
third party without the prior written consent of the second party.

IN WITNESS WHEREOF, the Parties have hereunto signed these presents

on the 29th of February 2016 at the Philippine Mediation Center, Tacloban
City.
By:

JUAN DE LA CRUZ

ANNA BATUMBAKAL
Officer-in-charge
Ocean

Liner

Corporation

PEDRO SANTOS

MARIA MAKILING

JOHN DOMINGO
3. The parties agree that the approval of this agreement by the
Court shall put an end to this litigation, except for purposes
of execution in case of default.

WHEREFORE, premises considered, the parties respectfully pray

that the court approve this agreement and render judgment on
the basis thereof.

February 29, 2015. Tacloban City.

Atty. Joselito San Jose

Pablo
Counsel for the Plaintiffs
Defendant
60 Salazar Street, Tacloban City
Street, Tacloban City
Roll No. 54321/January 5, 2008
165003/ April 15, 2001
IBP Lifetime No. 09123
issued on
PTR No. 9876543, issued on
Tacloban City
May 05, 2015 at Tacloban City
on
MCLE No. IV-002222, issued on
at Tacloban City
April 10, 2014 at Tacloban City
588993, issued on

Atty. Pablo San

Counsel for the
12 Burgos
Roll No.
IBP No. 987-0828,
Jan. 12, 2005 at
PTR No. 9989899 issued
Jan 12, 2005,
MCLE No. IVDec. 12, 2014 at

Tacloban City

SUBSCRIBED AND SWORN to before me this 29th day of

February 2016 in the City of Tacloban, the following affiants
appeared personally:
1. Juan de la Cruz with SSS ID No. 8934839
2. Anna Batumbakal with Passport No. 73933992

ATTY. PILAR TATLONGHARI

Notary Public
Commission Expires Dec. 31, 2016
IBP No. 77777, 10/16/2001, Tacloban City
PTR No. 88888, 11/05/2001, Tacloban City
Doc. No. 7

Page No. 60
Book No. 1
Series of 2016