1. The document is a compromise agreement between ELISA C AMPER and ANECITA C. AMPER (Plaintiffs) and DIEGO E. CABASISI (Defendant) regarding a case stemming from a car accident that resulted in the death of Jesus C. Amper.
2. The agreement states that the defendant will pay half of the total funeral and medical expenses incurred by the victim's family, amounting to PHP 31,410.76, to settle the criminal and civil aspects of the case and avoid litigation.
3. Upon payment, the plaintiffs will waive all claims regarding the case, but will pursue legal action if payment is not made by September 30,
1. The document is a compromise agreement between ELISA C AMPER and ANECITA C. AMPER (Plaintiffs) and DIEGO E. CABASISI (Defendant) regarding a case stemming from a car accident that resulted in the death of Jesus C. Amper.
2. The agreement states that the defendant will pay half of the total funeral and medical expenses incurred by the victim's family, amounting to PHP 31,410.76, to settle the criminal and civil aspects of the case and avoid litigation.
3. Upon payment, the plaintiffs will waive all claims regarding the case, but will pursue legal action if payment is not made by September 30,
1. The document is a compromise agreement between ELISA C AMPER and ANECITA C. AMPER (Plaintiffs) and DIEGO E. CABASISI (Defendant) regarding a case stemming from a car accident that resulted in the death of Jesus C. Amper.
2. The agreement states that the defendant will pay half of the total funeral and medical expenses incurred by the victim's family, amounting to PHP 31,410.76, to settle the criminal and civil aspects of the case and avoid litigation.
3. Upon payment, the plaintiffs will waive all claims regarding the case, but will pursue legal action if payment is not made by September 30,
1. The document is a compromise agreement between ELISA C AMPER and ANECITA C. AMPER (Plaintiffs) and DIEGO E. CABASISI (Defendant) regarding a case stemming from a car accident that resulted in the death of Jesus C. Amper.
2. The agreement states that the defendant will pay half of the total funeral and medical expenses incurred by the victim's family, amounting to PHP 31,410.76, to settle the criminal and civil aspects of the case and avoid litigation.
3. Upon payment, the plaintiffs will waive all claims regarding the case, but will pursue legal action if payment is not made by September 30,
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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
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.