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Compromise Agreement - Aguinaldo
Compromise Agreement - Aguinaldo
COMPROMISE AGREEMENT
This Compromise Agreement executed this ___day of September 2015 in Las Piñas City,
by and between:
-and-
3. Bank of the Philippine Islands, BPI Makati Main Branch, BPI Head
Office Building, Ayala Avenue cor. Paseo de Roxas, Makati City 1226
(with SPA);
7. PS Bank Flexi Card, PS Bank Centre, 777 Paseo de Roxas cor. Sedeño
St., Makati City 1226 (with SPA);
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12. SECURITY SAVINGS BANK, MOB Ayala 6797 Ayala Ave., Makati
City (with SPA)
13. CHINABANK SAVINGS, 6772 VGP Building, Ayala Ave., Makati City
(with SPA);
14. UCPB, UCPB Corporate Offices, 7907 Makati Avenue, Makati City
(with SPA);
15. CHINATRUST, G/F Fort Legend Towers 31st St. cor. 3rd Ave.,
Bonifacio Global City, Taguig City 1634;
16. MAYBANK, Maybank Corporate Centre, 7th Avenue corner 28th Street,
Bonifacio High Street Central, Bonifacio Global City 1634 Taguig City
(with SPA);
17. PBCOM, PBCOM Tower, 6795 Ayala Avenue cor. V.A. Rufino St., 1226
Makati City, Philippines (with SPA).
WITNESSETH: THAT
WHEREAS, the DEBTOR is the Petitioner in Civil Case No. CV-LP 15-0050
(Petition for suspension of payments, pursuant to Sec. 94, Chapter VI, R.A. No. 10142),
pending before Branch 253 of the Regional Trial Court of Las Piñas City, hereinafter
referred to as the "Pending Case";
WHEREAS, all the parties are desirous of settling amicably the Pending Case, as
agreed upon during the CREDITORS’ MEETING on September 16, 2015 where the 3/5
vote of the creditors was obtained;
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12 Eastwest Bank Visa 192, 397.01 5,791.67 1,202.48 6,994.15
13 Eastwest Bank MC 240,199.55 7,000.00 1,501.25 8,051.25
Total 3,236,905.58 116,708.33
B. The CREDITORS and the DEBTOR agree that the present debt due is as
provided in the third (3rd) column.
C. The parties agree that the CREDITORS shall accept the sum in column six
(6) as minimum monthly payment for four years starting June 2016. The
acceptance of the payment will serve as a complete discharge of the due amount
for the month.
D. The DEBTOR shall be issue twelve (12) post-dated checks, within 90 days
from the execution of this agreement. The succeeding thirty six (36) checks will
be brought personally by the Debtor to the banks on or before 01 June 2016.
G. Should the DEBTOR opt to pay the full balance before the end of the 48
months period, the CREDITOR agrees to accept the same, imposing an
additional six (6) percent per annum.
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H. This Agreement shall be binding upon and inure to the benefit of the
parties, their successors and assigns.
I. The PARTIES agreed to waive all counterclaims that they may have
against each other for this case.
J. The PARTIES agree to, and shall cause, the dismissal, without prejudice,
of the Pending Case, including all claims and counterclaims therein, and agree
not to file any similar case, whether civil, administrative or criminal, of any kind
or nature whatsoever, arising from the same facts, incident, claim, cause or
causes of action, upon full payment of the obligation settled in this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hand this ____ day
of September, 2015 in Las Piñas City.
__________________________
ROEL AGUINALDO
__________________________
BDO
__________________________
METROBANK
__________________________
BPI
__________________________
HSBC
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__________________________
STANDARD CHARTERED BANK
__________________________
PS BANK
__________________________
UNIONBANK
__________________________
CITIBANK
__________________________
EASTWEST BANK
__________________________
EQUICOM
__________________________
SECURITY SAVINGS BANK
__________________________
CHINABANK
__________________________
UCPB
__________________________
CHINATRUST
__________________________
MAYBANK
__________________________
PBCOM
Witnessed By:
_________________________ __________________________
ACKNOWLEDGMENT
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BEFORE ME, a Notary Public for and in the City of _______________, personally
appeared:
Name SIGNATURE ID
and they acknowledged to me that they are the same persons who executed the
foregoing instrument, consisting of six (6) pages, including this page; and that they
executed the foregoing instrument as their own free and voluntary act and deed, for
themselves and/or in behalf of their respective principals.