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Republic of the Philippines
REGIONAL TRIAL COURT
Fifth Judicial Region Branch 1 Legazpi City
RADIOWEALTH FINANCE COMPANY
represented by NEPTHALI N. BARNEDO, Plaintiff,
-versus- CIVIL CASE NO. 10639
SPOUSES NESTOR LOBRIGO
and GLORIA LOBRIGO, Defendants. x-------------------------------------------------x
COMPROMISE AGREEMENT
Undersigned parties assisted by their respective counsels, to this
Honorable Court, respectfully submit the herein compromise agreement, the terms and conditions of which are as follows:
1. The parties have mutually agreed to amicably settle the
above-captioned case upon the following terms, to wit:
a) that of the total claim of the plaintiffs in
the amount P441,400.06 plus all other charges, both parties agreed that the defendants shall pay the plaintiffs the amount of Three Hundred Thousand Pesos (P300,000.00) by way of full settlement thereof. Defendants further agree to pay the sum of Seventy Two Thousand Pesos (P72,000.00) by way of legal interest covering the period from 30 November 2007 to 30 October 2009 at the rate of 12% per annum;
b) that the amount of Three Hundred Thousand
Pesos (P300,000.00) shall be paid by the defendants in 24 monthly installments at P12,500.00 per month starting November, 2007, until the amount is fully paid;
c) that defendant Nestor Lobrigo, upon signing
hereof, shall immediately issue postdated checks to cover the monthly installment payments aforesaid; 2. In consideration of the above, the plaintiff hereby expressly waives, renounces and relinquishes, voluntarily and perpetually, any and all claims against the defendants and the latter with respect to whatever claim it may have against the former, as well as any and all other claims arising from and in connection with the above-captioned case;
3. The parties hereby mutually agree that this Compromise
Agreement shall constitute a final and full settlement of the dispute between the parties in the above-entitled case;
4. The parties agree that all the foregoing covenant and
conditions are deemed essential conditions, and that in default or breach be made of any such provisions, the aggrieved party will be entitled to a writ of execution.
WHEREFORE, premises considered, it is respectfully prayed of
this Honorable Court that a decision be rendered on the basis of this compromise agreement.
Legazpi City, October 16, 2007.
RADIOWEALTH FINANCE COMPANY
Plaintiff
By: NEPTHALI N. BARNEDO NESTOR LOBRIGO
AVP/District Manager Defendant
Assisted by:
MARIANO B. BARANDA, JR. VICENTE G. JUDAR
Counsel for Plaintiff Counsel for Defendants
NOTICE OF HEARING
The Clerk of Court
Regional Trial Court Branch I Legazpi City
GREETINGS:
Please submit the foregoing motion for the approval of the