MEMORANDUM AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT is entered into in the City of Digos by and between:

HEIRS OF JUANITO BUTRON, namely, HEIRS OF SATURNINO BUTRON,

represented by SATURNINO BUTRON, JR, of legal age, married, Filipino and a
resident of Malita, Davao del Sur and HEIRS OF SUSANA BUTRON-PARAISO,
represented by ERQWIN BUTRON-PARAISO, of legal age, married, Filipino and
resident of Punta Biao, Cogon, Digos City, hereinafter referred to as the FIRST PARTY;

And

HEIRS OF DAMASO AND GAUDIOSA EDIMNE, namely, HEIRS OF

FELICITAS YDIMNE BOADO and HEIRS OF LEONCIO EDIMNE, represented by
ELEONOR EDIMNE, of legal age, widow, Filipino and a resident of Davao City; HEIRS
OF PONCIANO YDIMNE, represented by HELEN YDIMNE-EMPANADO, of legal age,
married, Filipino and a resident of Panabo City and HEIRS OF MAXIMO YDIMNE,
represented by CONCEPTION YDIMNE, of legal age, married, Filipino and a resident of
Lasang, Davao City, hereinafter referred to as the SECOND PARTY;

WITNESSETH:

Whereas, the PARTIES are plaintiffs and defendants in Civil Case No. 4507
which has been dismissed by virtue of a Compromise Agreement executed by the
PARTIES;

Whereas, part of the Agreement is for the Plaintiffs to pay defendants the amount
of SIX MILLION PESOS (P6,000,000.00) of the remaining area covered by OCT No. P-
21513 and for plaintiffs to pay all expenses relative to the execution of the Deed of
Conveyance such as the payment of the Capital Gains Tax and Documentary Stamp
Tax, Estate Tax, notarial fee and the unpaid real property tax;

Whereas, the Plaintiffs are ready to pay the compromise amount of SIX MILLION
PESOS (P6,000,00.00);

Wherefore, based on the foregoing, the PARTIES hereto agree on the following:

1. That the FIRST PARTY shall pay the amount of THREE MILLION PESOS
(P3,000,000.00) upon the execution of this Agreement;

2. That the payment covered by a check shall be in the name of HELEN Y.

EMPANADO;

3. That the balance of THREE MILLION PESOS (P3,000,000.00) shall be paid

once the remaining area is cleared from existing structures/improvement,
such as the niche, the house of the caretaker and the tenant and other
structures within the remaining area covered by the Compromise Agreement
which clearing shall be done on or before November 15, 2019.

This AGREEMENT is entered freely and voluntarily by the PARTIES.

Done in the City of Digos.

 HEIRS OF JUANITO BUTRON
First Party

HEIRS OF SATURNINO BUTRON HEIRS SUSANA BUTRON-PARAISO

Represented by: Represented by:

SATURNINO BUTRO, JR. ERWIN B. PARAISO

____________________ _________________

HEIRS OF DAMASO AND GAUDIOSA EDIMNE

Second Party

HEIRS OF FELICITAS YDIMNE BOADO HEIRS OF LEONCIO EDIMNE

represented by: represented by:

ELEONOR EDIMNE ELEONOR EDIMNE

SSS ID No. 09-1724682-1

HEIRS OF PONCIANO YDIMNE

represented by:

HELEN YDIMNE-EMPANADO
SSS ID No. 09-1635207-5

HEIRS OF MAXIMO YDIMNE

represented by:

CONCEPTION YDIMNE
Barangay ID No. BL-00967-19
Signed in the presence of:
1. __________________________ 2. ____________________________
ACKNOWLEDGMENT

Republic of the Philippines )

Province of Davao del Sur )S.S.
City of Digos )

BEFORE ME this _________________ in the City of Digos personally the above-

named persons with their valid IDs, persons known to me and to me known to be the
same persons who executed this instrument and they acknowledged to me that the
same is their free act and voluntary will.

This instrument consists of two (2) pages including this page signed by the
parties and their instrumental witnesses.

WITNESS MY HAND AND SEAL on the date and place above-stated.

Doc. No. ___; LANI M. GABUTERO

Page No. ___; Notary Public
Book No. ___; valid until December 31, 2019
Series of 2019. Ptr 2469288; tin-126-264-322
 Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Branch 18
Digos City, Davao del Sur

HEIRS OF JUANITO BUTRON, CIVIL CASE NO. 4507

SR., namely: JUANITO BUTRON,
JR., ET.AL,
Plaintiffs,
-versus- FOR: NULLITY OF CERTIFICATE
OF TITLE , ETC.
HEIRS OF SPS. DAMASO YDIMNE
And GAUDIOSA YDIMNE,
x- - - - - - - - - - - - - - - - - - - - - - - - - - -/

COMPROMISE AGREEMENT

The Plaintiffs and the defendants, assisted by their respective counsel, have
agreed to settle this instant civil case under the following terms and conditions:

1. The plaintiffs will pay the defendants the sum of SIX MILLION PESOS
(P6,000,000.00) of the remaining area covered by OCT No. P-21513;

2. That defendants, in consideration of the payment of the plaintiffs, will

execute a Deed of Conveyance of the remaining property covered by OCT
No. P - 21513;

3. That plaintiffs and defendants shall shoulder their obligations to their

respective counsel and shall drop their respective claims and counterclaims;

4. That plaintiffs shall shoulder all the expenses relative to the execution of the
Deed of Conveyance such as the payment of the Capital Gains Tax and
Documentary Stamp Tax, Estate Tax, notarial fee and the unpaid real
property tax;

5. That upon approval of this Compromise Agreement, the defendant shall

execute and sign the required deed of conveyance upon payment by the
plaintiffs of the amount of SIX MILLION PESOS (P6,000,000.00);

The Parties have signed this Compromise Agreement voluntarily and freely.

Digos City. ________________, 2018.

 HEIRS OF JUANITO BUTRON
Plaintiffs

SATURNINO BUTRON SUSANA BUTRON-PARAISO

ATTY. WILLIAM G. CARPENTERO

Counsel for the Plaintiffs

HEIRS OF DAMASO AND GAUDIOSA EDIMNE

Defendants

HEIRS OF FELICITAS YDIMNE BOADO

MARIA ELEANOR BOADO-FLORES CESAR ROMAN BOADO

JOSE CARMEN BOADO

A. HEIRS OF LEONCIO EDIMNE

ELEONOR EDIMNE

B. HEIRS OF PONCIANO YDIMNE

CARLOS ALLADIN YDIMNE HELEN YDIMNE

SHEILA YDIMNE EDWIN YDIMNE

MARLON YDIMNE

C. HEIRS OF MAXIMO YDIMNE

ROUEL YDIMNE SHIELA YDIMNE

CONCEPTION YDIMNE MARIVIC YDIMNE

ALEJANDRO YDIMNE CORNELIA YDIMNE

 MAXIMO YDIMNE, JR. BASILIO YDIMNE

ROWENA YDIMNE MARILYN YDIMNE

ATTY. LANI M. GABUTERO

Counsel for Defendants

Republic of the Philippines

REGIONAL TRIAL COURT
11th Judicial Region
Branch 18
Digos City, Davao del Sur

HEIRS OF JUANITO BUTRON, CIVIL CASE NO. 4507

SR., namely: JUANITO BUTRON,
JR., ET.AL,
Plaintiffs,

-versus- FOR: NULLITY OF CERTIFICATE

OF TITLE , ETC.

HEIRS OF SPS. DAMASO YDIMNE

And GAUDIOSA YDIMNE,
x- - - - - - - - - - - - - - - - - - - - - - - - - - -/

MOTION FOR RECONSIDERATION

COMES NOW, the undersigned counsel, unto this Honorable Court, most
respectfully states:

1. That counsel received a copy of the Order of this Honorable Court dated
November 3, 2016 on November 17, 2016 which Order considered the
defendants to have rested their case for their failure to appear during the said
hearing despite Notice;

2. That counsel most respectfully moves for the reconsideration of the said Order
based on the following grounds:

1. That the CONSTANCIA dated August 18, 2016 setting this case for hearing
on November 3, 2016 was received by the Office of herein counsel only on
October 27, 2016. Copy is hereto attached as Annex “A”;

2. That counsel only learned of the said hearing when she returned for work in
the afternoon of November 4, 2016 since on October 27-29 she attended the
Regional Election of the Board Members in Davao City. The reason why the
said Notice was not reflected in her planner. Copy of her planner for
November 3, 2016 is hereto attached as Annex “B”;

2.1 That on November 2, 2016, though a regular working day but considering
that it was All Souls Day, counsel did not report for work;
 2.2 That on November 3, 2016, counsel attended a whole-day committee of
the whole meeting at the Provincial Capitol. Thus, what was reflected in
her planner was only the committee meeting and none for the hearing of
this case;

3. That the counsel is ready to present her last witness whose Judicial Affidavit
was already submitted to this Honorable Court on February 13, 2013.

WHEREFORE, in the interest of substantial justice, it is most respectfully prayed

of this Honorable Court to reconsider its Order dated November 3, 2016 and allow
defendants to present their last witness.

Other reliefs just and equitable are likewise being prayed for.

November 18, 2016.

LANI M. GABUTERO
Counsel for Defendants

NOTICE

THE CLERK OF COURT

RTC Branch 18
Digos City

Please submit the foregoing Motion for consideration of this Honorable Court of
November 24, 2016 at 8:30 o’clock in the morning.

Thank you very much

LANI M. GABUTERO

Cc: Atty. William G. Carpentero

Padada, Davao del Sur