Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
BRANCH 30, MANILA

TRANSWORLD TIRE AND AUTO

SUPPLY CORP., REPRESENTED BY
ITS ATTORNEY-IN-FACT, NICOLAS E. SY,

Plaintiff,

- versus - CIVIL CASE NO.: RMNL-18-

13360 CV

HERMILA CABALLERO & HG

HERMEDIOS TRADING
COMPANY, INC.,
Defendants,
X- - - - - - - - - - - - - - - - - - - - - - - - X

COMPROMISE AGREEMENT

THIS COMPROMISE AGREEMENT entered into by and between:

TRANSWORLD TIRE AND AUTO SUPPLY CORP., a

Corporation duly licensed and registered under the laws of the
Philippines, represented by its Attorney-In-Fact Nicolas E. Sy,
hereinafter referred to as the “PLAINTIFF”,

and

HERMILA V. CABALLERO, Filipino, of legal age and resident

of Lot 1, 2 and 3, Manila Harbour Center, Road 10, Vitas Tondo,
Metro Manila and HG Hermedios Trading Company, a duly
licensed and registered corporation under the laws of the
Philippines, hereinafter referred to as the “DEFENDANT”,

WITNESSETH, THAT:

WHEREAS, Plaintiff Transworld Tire and Auto Supply Corp., and

Hermila V. Caballero & HG Hermedios Trading Company, Inc. are the parties in
the herein case for Collection of Sum of Money pending before Manila Regional
Trial Court Branch 8, and re-raffled for Judicial Dispute Resolution to Manila
Regional Trial Court Branch 30.

WHEREAS, to buy peace, it is the mutual desire of both PARTIES to

amicably settle their differences, without resorting to further litigation, and to
that end are willing to make mutual concessions therewith as follows:

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1. Defendant HERMILA CABALLERO & HG HERMEDIOS TRADING
COMPANY, INC. agree to pay the total amount of Plaintiff’s claim in
the amount of ONE MILLION THREE HUNDRED TWENTY-SEVEN
THOUSAND ONE HUNDRED SISTY PESOS (P 1,327,160.00);

2. Defendant undertakes to pay the above amount of ONE MILLION

THREE HUNDRED TWENTY-SEVEN THOUSAND ONE HUNDRED
SISTY PESOS (P 1,327,160.00) within the period of two (2) years
through twenty-four (24) equal monthly instalments of FIFTY-FIVE
THOUSAND TWO HUNDRED NINETY-EIGHT PESOS AND
THIRTY-THREE CENTAVOS (P 55,298.33) starting October 2022 and
every month thereafter until fully paid;

3. Defendant shall deliver to Plaintiff corresponding twenty-four (24)

post-dated checks to cover the full amount of ONE MILLION THREE
HUNDRED TWENTY-SEVEN THOUSAND ONE HUNDRED SISTY
PESOS (P 1,327,160.00) no later than 31 October 2022 in time for the
scheduled first payment in the month of October 2022.

4. The post-dated checks to be issued by Defendant for the monthly

payments staring November 2022 until full payment of the entire
amount of ONE MILLION THREE HUNDRED TWENTY-SEVEN
THOUSAND ONE HUNDRED SISTY PESOS (P 1,327,160.00) shall be
dated no later than within the first three (3) days of the month. Any
single instance of lack of funding of post-dated checks upon deposit
thereof shall constitute failure of payment on the part of Defendant.

5. Failure on the part of the Defendants to comply strictly with their

obligation to pay the amount of of FIFTY-FIVE THOUSAND TWO
HUNDRED NINETY-EIGHT PESOS AND THIRTY-THREE
CENTAVOS (P 55,298.33) per month as they fall due shall cause the
entire obligation to become due and demandable, and the plaintiff shall
be entitled to such reliefs and remedies under applicable laws,
including but not limited to the issuance of a writ of execution.

6. The Plaintiff shall issue and sign a Release, Waiver and Quitclaim with
Undertaking and Desistance after complete and full payment is made
by the Defendant based on the schedule of payments provided in this
Agreement.

7. The Plaintiff and Defendant shall faithfully comply with their

respective obligations in this Compromise Agreement and in the
Release, Waiver, and Quitclaim with Undertaking and Desistance
which will be executed and signed after complete and full payment is
made by the Defendant based on the schedule of payments provided in
this Compromise Agreement.

8. The PARTIES warrant that this Compromise Agreement was read,

explained, and understood by them, and their conformity to this
Compromise Agreement was voluntarily agreed upon without the

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 employment of any force or intimidation. The terms of this
Compromise Agreement are not contrary to law, morals, public order,
good customs, and public policy.

IN WITNESS WHEREOF, the Parties have hereunto set their hands this
______ day of April, 2022 in Quezon City, Philippines.

TRANSWORLD TIRE & AUTO SUPPLY CORP.

(Plaintiff)
By:

_____________________________
NICOLAS E. SY

______________________________
Hermila V. Caballero & HG
Hermedios Trading Company, Inc.

Assisted by respective counsels:

ATTY. RHODORA GRACE P. CUEVAS-CORPUZ

(For Plaintiff Transworld Tire & Auto Supply Corp.)

ATTY. MA. CECILIA V. LOPEZ

(For Defendant Hermila V. Caballero & HG
Hermedios Trading Company, Inc.)

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