Republic of the Philippines

Office of the President of the Philippines

HOUSING AND LAND USE REGULATORY BOARD
Northern Tagalog Regional Field Office-III
3rd Floor Insular Life Building, Dolores
San Fernando City, Pampanga
PAULO LAGASCA CONCEPCION,
REPRESENTED BY HIS
ATTORNEY-IN-FACT, LOURDES
LAGASCA CONCEPCION,
Complainant,

-v e r s u s - HLURB CASE NO. NTR-REM-070918-841

AVIDA LAND CORPORATION,

Respondents.
x----------------------------------------------------------------------------------------------x
ORDER
On 09 July 2018, complainant filed this action praying among others that the
Certificates of Title of the lot at the Avida Residences located at Brgy. Sta. Arcadia,
Cabanatuan City be delivered to him and for damages against respondent. Subsequently, this
Office issued Summonses and Notices of Mandatory Conference together with a copy of the
complaint to the respondents. After series of mandatory conferences, complainant and
respondent agreed to amicably settle the issues and end this litigation by entering into a
Joint Motion for Judgment based on Compromise.

On 09 December 2019, herein parties submitted before this Office their Joint Motion
duly executed and signed by them. The pertinent portion thereof are as follows:

“Complainant PAULO CONCEPCION and Respondent AVIDA LAND

CORPORATION jointly move for the rendition of judgment based on the attached
compromise agreement.

COMPROMISE AGREMENT
This compromise agreement, made and entered into this _ day of November
2018 at ____, Philippines, by and between:

Complainant PAULO CONCEPCION, Filipino, single, of legal age, with

residence and postal address at Purok 7, NIA Road, Ilog Baliwag, Quezon, Nueva Ecija,
represented by his attorney-in-fact, LOURDES LAGASCA CONCEPCION, as evidenced by
a special power of attorney xxx
-and-
AVIDA LAND CORPORATION, a corporation organized and existing under the
Philippine law with address at no. 909, 40 th St. North Bonifacio Triangle, Bonifacio Global
City, Taguig City, represented herein by its duly authorized attorney-in-fact GLADYS R.
GALIZA-PUBLICO (hereafter “Respondent”);
RECITALS
Whereas, complainant purchased a residential Lot 31 Block 15 Phase I at Avida
Residences Sta. Arcadia consisting of 204 square meters (the subject lot);
Whereas, the lot has been fully paid and Avida incurred in delay in delivering the
title to complainant which constrained complainant to file this complaint for delivery of
title, moral damages of Php 100,000.00, exemplary damages of Php 100,000.00 and
attorney’s fees of Php 36,000.00;
Whereas, to put an end to this litigation and by making reciprocal concessions,
complainant and Avida agreed to amicably settle this case under the following terms and
conditions:
1. A: DELIVERY OF TILTLE: Avida hereby delivers and complainant hereby
acknowledge receipts of the owners duplicate copy of Transfer Certificate Of

Judgment upon Compromise, HLURB CASE NO.NTR-REM-070918-841

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 Title No. 046-23018003708 issued by the registry of deeds of Cabanatuan
covering the subject lot;
B: TAX DECLARATION: The tax declaration covering the subject lot is
available at Avidas Cabanatuan office and the real property taxes on the
subject lot are updated. Complainant shall obtain the tax declaration at
Avidas Cabanatuan office.
2. REIMBURSEMENT OF ATTORNEY’S FEES: Avida hereby pays and
complainant hereby accepts and acknowledges receipt of Php 36,000.00 as
reimbursement of attorney’s fees.
3. RELEASE: Complainant hereby releases, remises and forever discharges
Avida as well as its subsidiaries, affiliates, successors-in-interest,
stockholders, officers, directors, agents and employees from any claims,
demands, liabilities and causes of action, of whatever kind, nature and
magnitude in law or in equity, whether known or unknown, which relate to,
or arise out of, or are in connection with, the delay in delivery of title to
subject lot and any matter or incident subject thereof both present and
future;
4. NO ADMISSION OF LIABILITY: The execution of this compromise
agreement shall not be taken as a confession or as an admission of liability,
fault and/or negligence by any of the parties, their respective successors-in-
interest, assigns, affiliates, directors, officers, representatives, employees,
agents, stockholders, subsidiaries and affiliated or related companies. This
compromise agreement shall be binding upon and inure to the benefit of the
parties, as well as their respective successors-in-interest, assigns, affiliates,
directors, officers, representatives, employees, agents, stockholders,
subsidiaries and affiliated or related companies as the case may be.
5. DEFENSE TO SUITS: The parties agree that this compromise agreement
shall be a defense to any action or proceeding that may be brought by either
Party, or in either party’s behalf, or their heirs, successors and assigns
against the other, and shall be a complete bar to the commencement or
prosecution of an action or proceeding whatsoever against the other Party
with respect to all the matters subject of this Compromise Agreement and its
annexes, or any facts, disputes included therein or connected therewith.
6. CONFIDENTIALITY: The parties agree that all records and documents
involving this Compromise Agreement shall remain strictly confidential. All
records or documents shall not be disclosed, directly or indirectly, to anyone
buy any of the Parties and parties agree to undertake whatever measures are
necessary to protect the confidentiality of the records and documents of this
Agreement.
7. VOLUNTARINESS: The parties have read this Compromise Agreement and,
with the assistance of their counsel, have entered into it willingly,
voluntarily, and with full knowledge of their rights.
Xxx xxx xxx

Hence, finding the Joint Motion between the parties to be not contrary to law,
morals and public policy, the same is hereby approved and shall be final and
executory pursuant to Section 43, Rule 12 of the 2019 Revised Rules of Procedure of
HLURB.

WHEREFORE, premises considered, the instant case is hereby

DISMISSED.

IT IS SO ORDERED.
City of San Fernando, Pampanga. 20 December 2019.

DONN C. TAMAYO
Housing and Land Use Arbiter
Paulo Lagasca Concepcion Avida Land Corporation
Thru: Lourdes Lagasca Concepcion No. 909 40th Street, North Bonifacio Triangle
Purok 7 NIA Road, Ilog Baliwag, Quezon, Bonifacio Global City
1634 Taguig City
Nueva Ecija
Hermusora Navarro Sison & Ongsiako
Marrack Valdez Marrack and Associates Law Offices 3/F Tower One & Exchange Plaza
Counsel for the Complainant Ayala Triangle, Ayala Ave. Makati City
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218-C Gabaldon St., Cabanatuan City

Judgment upon Compromise, HLURB CASE NO.NTR-REM-070918-841

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