Compromise Agreement

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Republic of the Philippines )

Province of Southern Leyte ) S.S.

COMPROMISE AGREEMENT and AFFIDAVIT OF


DESISTANCE

This AGREEMENT is made and executed this 29th day


of August 2018 at San Isidro, Tomas Oppus, Southern Leyte,
Philippines by and between:

ELISA C AMPER and ANECITA C. AMPER, Filipinos,


of legal ages, with address at Brgy. Looc, Tomas Oppus,
Southern Leyte, hereinafter referred to as “the Plaintiffs”;

-and-

DIEGO E. CABASISI, Filipino, of legal age, with


address at Brgy. Cantamuac, Malitbog, Southern Leyte,
hereinafter referred to as “the Defendant”.

WITNESSETH: That -

WHEREAS, the Plaintiffs have cause of action against


Defendant for Reckless Imprudence resulting to Homicide
for the death of a certain Jesus C. Amper, 68 years old,
brother of the Plaintiffs;

WHEREAS, the case stemmed from an incident that


transpired around 7:30 in the evening of August 10, 2018 at
the national highway of Brgy. Looc, Tomas Oppus, Southern
Leyte, when the vehicle driven by the defendant met an
accident while it was travelling enroute to Malitbog,
Southern Leyte. Upon reaching Brgy. Looc, the victim was
crossing the road to which the defendant had difficulty
avoiding, thus, hitting the former causing him to fall on the
concrete road resulting to his death;

WHEREAS, after negotiations and discussions the


parties mutually realized and deem it best and convenient
to resolve the criminal and civil aspect of the case in an
amicable manner in order to avoid a protracted litigation in
this case;

WHEREAS, the Plaintiffs had manifested its


willingness to be indemnified a reasonable value for the loss
of their brother and for whatever damage, suffering or loss
that it had sustained by reason of the incident and the
Defendant is likewise to meet the demands of the Plaintiffs;

WHEREAS, both parties have come to a mutually


beneficial arrangement as to the method of payment and
mode of settlement of the criminal and civil aspect for its
convenient and immediate disposition;

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 for half of the entire


reasonable funeral expenses incurred by the victim’s
family as compromise payment for the damages
sustained; provided that, all expenses must be coupled
with an Official Receipt before the Defendant will
refund the said expense. The said amount shall cover
the payment for all the burial expenses and as burial
assistance to the Plaintiffs.

2. The total amount incurred by the plaintiffs based on


the official receipts presented are as follows:

Ambulance and Tacloban medical expenses – 8,


500
Christ the Healer hospital expenses - 12,
121.52
Tacloban expenses - 7, 200
Funeral expenses (coffin) - 35,
000
___________
Total PHP 62,
821.52

3. The defendant promise to pay half of the total


expenses in the amount of THIRTY-ONE THOUSAND
FOUR HUNDRED TEN PESOS AND SEVENTY-SIX
CENTAVOS (PHP 31, 410.76) payable on or before
SEPTEMBER 30, 2018.

4. This Compromise Agreement shall not affect nor


prejudice any case or cases between the parties not
specifically referred to herein.

5. Upon delivery of the payment made by Defendant, the


Plaintiffs, 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 there from, in
connection therewith or in relation thereto; however,
should Defendant fails to comply with its obligation to
pay, the Plaintiffs shall pursue the necessary actions in
connection with the case.

6. 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.

ELISA C AMPER DIEGO E.


CABASISI
Plaintiff Defendant

ANECITA C. AMPER
Plaintiff

Signed in the presence of:

_______________ ______________

ACKNOWLEDGEMENT

Republic of the Philippines)


Province of Southern Leyte)
X - - - - -- - - - - - - - - - - - - - /

BEFORE ME, a notary public for and in the


province of Southern Leyte, this ___ of August, 2018
at Tomas Oppus, Southern Leyte, Philippines,
personally appeared the following with their
respective competent proof/s of identity:

Name Government Expiry Date /


Issued ID Place Issued
known to me to be the same person/s who executed the
foregoing instrument and acknowledged to me that the
same is (his /their) own free voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the


date and in the place hereinabove written.

Doc. No.; ______


Page No.; ______
Book No.; ______
Series of 2018.

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