COMPROMISE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Compromise Agreement (the “Agreement”) is entered into this ___ day
of January 2021 in Quezon City, Metro Manila, Philippines, by and between:

KIM JANIS M. QUIZON, Filipino, of legal age, married,

with address c/o c Tancino and Mangco Law Offices, Unit 209
Amberland Plaza Condominium, Dona Julia Vargas Avenue, Ortigas
Center, Pasig City hereafter referred to as the FIRST PARTY;

- and -

FERNANDO R. ALDEGUER III, Filipino, of legal age,

married and with address c/o Martelino Bacungan & Associates Law
Offices, Unit 2201, Atlanta Center, Annapolis, Greenhills, City of San
Juan, hereafter referred to as the SECOND PARTY.

WITNESSETH: That-

WHEREAS, the FIRST PARTY, filed a criminal complaint for violation of

Batas Pambansa Blg. 22 (“B.P. 22”) against the SECOND PARTY in the Office of
the City Prosecutor of Quezon City (“OCP-QC”) docketed as XV-03-INV-18G-
06369, entitled “Kim Janis M. Quizon v. Fernando R. Aldeguer III a.k.a. Dino
Fernando R. Aldeguer ”;

WHEREAS, the criminal complaint arose from the loan obligations of the
SECOND PARTY, amounting to Five Million, Four Hundred Ninety-Two
Thousand, Five Hundred Pesos (Php 5,492,500.00);

WHEREAS, an Information for violation of B.P. 22 was filed against the

SECOND PARTY before the Metropolitan Trial Court of Quezon City, which was
docketed as Criminal Case No. M-QZN-19-07169-72-CR and raffled to Branch
134 thereof (“QC MeTC – Branch 134”);

WHEREAS, the Parties, without admission of any liability and to dispense

with further litigation, have agreed to enter into a Compromise Agreement to fully
settle their dispute and terminate any pending case between them and any other
case/s which may arise therefrom, as well as to fully settle any and all other
disputes between them;

NOW, THEREFORE, for and in consideration of the foregoing premises,

the Parties hereby agree to the following:
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SECTION 1. The Parties have agreed that the SECOND PARTY shall pay
the amount of Five Million, Five Hundred Thousand Pesos (Php5,500,000.00),
through payment in cash, as follows:

1.1. The SECOND PARTY shall pay the FIRST PARTY the
amount of Thirty-Five Thousand Pesos(Php35,000.00) in cash upon
the execution of this Agreement, and in turn, the FIRST PARTY shall
issue an acknowledgment receipt as evidence thereof.

1.2. The SECOND PARTY shall thereafter deliver to the

FIRST PARTY the fifty-nine (59) installments in cash every last week
of the month, in accordance with the following schedule:

1st year 2nd year 3rd year 4th year 5th year Total
35,000 Initial Payment 25,000 (Jan 2022) 30,000 (Jan 2023) 30,000 (Jan 2024) 35,000 (Jan 2025)
25,000 (Feb 2021) 25,000 (Feb 2022) 30,000 (Feb 2022) 30,000 (Feb 2024) 35,000 (Feb 2024)
25,000 (Mar 2021) 25,000 (Mar 2022) 30,000 (Mar 2023) 30,000 (MAr 2024) 35,000 (Mar 2025)
25,000 (Apr 2021) 25,000 (Apr 2022) 30,000 (Apr 2023) 30,000 (Apr 2024) 35,000 (Apr 2025)
25,000 (May 2021) 25,000 (May 2022) 30,000 (May 2023) 30,000 (May 2024) 35,000 (May 2025)
340,000 (June 2021) 375,000 (June 2022) 400,000 (June 2023) 400,000 (June 2024) 500,000 (June 2025)
25,000 (July 2021) 25,000 (July 2022) 30,000 (July 2023) 30,000 (July 2024) 35,000 (July 2025)
25,000 (Aug 2021) 25,000 (Aug 2022) 30,000 (Aug 2023) 30,000 (Aug 2024) 35,000 (Aug 2025)
25,000 (Sept 2021) 25,000 (Sept 2022) 30,000 (Sept 2023) 30,000 (Sept 2024) 35,000 (Sept 2025)
25,000 (Oct 2021) 25,000 (Oct 2022) 30,000 (Oct 2023) 30,000 (Oct 2024) 35,000 (Oct 2025)
25,000 (Nov 2021) 25,000 (Nov 2022) 30,000 (Nov 2023) 30,000 (Nov 2024) 35,000 (Nov 2025)
350,000 (Dec 2021) 375,000 (Dec 2022) 400,000 (Dec 2023) 400,000 (Dec 2024) 500,000 (Dec 2025)

Total 950,000.00 1,000,000.00 1,100,000.00 1,100,000.00 1,350,000.00 5,500,000.00

1.3. If said days fall on a Saturday, Sunday, or a Holiday, it shall be

understood that the deadline for making said payment shall fall on the next
business day. The FIRST PARTY shall issue acknowledgment receipt upon receipt
of the actual proof of payment by way of private courier or personal delivery.

1.4. The abovementioned amounts shall be deposited in the FIRST

PARTY’s account designed for this purpose.

1.5. Should the SECOND PARTY fail to deliver any installment payment
within five (5) days from the due dates by the FIRST PARTY, the entire amount
shall be due and demandable at the instance of the former.

SECTION 2. Waiver, release and quitclaim of all civil claims . The

Parties agree that, upon full payment and compliance of the SECOND party of all
the conditions herein, they mutually, absolutely and irrevocably waive, release,
quitclaim, and extinguish any and all claims and causes of action which they
raised, or could have raised, against each other, their successors, heirs, agents and
assigns, in connection with the criminal and civil aspect of Criminal Case No. M-
QZN-19-07169-72-CR pending before QC MeTC – Branch 134.
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It is understood that this compromise covers and includes any and all
damages of whatever nature, costs, expenses, attorney’s fees and interests in
connection with the prosecution of the criminal case.

The Parties undertake to file with the QC MeTC – Branch 134 a Joint Motion
for Judgment Based on this Compromise Agreement, for the approval thereof by
the trial court.

SECTION 3. Affidavit of Desistance. Following the full payment of the

amount of Five Million, Five Hundred Thousand Pesos (Php 5,500,000.00), the
FIRST PARTY shall, without need of demand, sign and execute an Affidavit of
Desistance to cause the dismissal of the criminal case and which shall be
subscribed before a public prosecutor of the OCP – Quezon City. The Affidavit of
Desistance shall be submitted to the OCP – Quezon City and MeTC – Branch 134.
If necessary and required by the MeTC – Branch 134, the FIRST PARTY shall
affirm in court this Affidavit of Desistance.

Following the approval of this Compromise Agreement and pending the full
payment of the above-mentioned amount, the Parties shall jointly move for the
suspension of the proceedings before QC MeTC-Branch 134 or the archiving of
the case, whichever is applicable.

SECTION 4. Confidentiality. The Parties acknowledge the confidential

nature of this Agreement and hereby undertake not to disclose the terms and
conditions thereof to third parties. The Parties shall impose the foregoing
obligations of confidentiality on their employees, agents or persons acting for and
on their behalf.

SECTION 5. The Parties acknowledge that no promises have been made

which are not incorporated herein. The Parties further acknowledge that no
representation, undertaking, promise or commitment of present or future fact,
opinion, or event has been made by any of them to the other party to induce this
agreement.

They acknowledge that they have entered into this agreement relying solely
on their own independent inquiries into all relevant facts and circumstances, and
with knowledge, or full opportunity to obtain such knowledge, of all facts relating
to the allegations upon which their claims are based, and relating to the statements
set forth in this compromise agreement. The Parties acknowledge that each of
them has read and understood this Agreement and that they submit that the same is
not contrary to laws, morals, or public policy.

Further, the Parties affirm that they have sought the advice of counsel on this
matter and that they execute this Agreement with full knowledge of the legal
consequences of their actions.
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SECTION 6. Binding Effect. This Agreement shall be binding on the

Parties hereto, their respective heirs, assigns, and successors-in-interest.

SECTION 7. Entire Agreement. This Agreement constitutes the

entire agreement between the Parties and supersedes all previous negotiations and
agreements and shall not be changed or modified in any manner except by mutual
consent in writing and signed by the Parties.

SECTION 8. Separability Clause. The Parties agree that should any

clause or provision in this Agreement be declared void, invalid or ineffective for
any reason whatsoever, the validity of the remaining provisions shall not be
affected and shall continue to be binding.

SECTION 9. Construction. Any doubts in the construction and

implementation of any of the provisions of this Agreement shall be resolved on
favor of its full implementation and effectivity.

IN WITNESS WHEREOF, the Parties have hereunto freely and

voluntarily affixed their signatures on the day and year first above written.

KIM JANIS M. QUIZON FERNANDO R. ALDEGUER III

First Party Second Party

Assisted by:

TANCINCO and MANGCO MARTELINO BACUNGAN &

Law Office
Counsel for Kim Janis M. Quizon
209 Amberland Plaza Condominium
Dona Julia Vargas Avenue
Ortigas Centre, Pasig City
telephone: 84770761
ASSOCIATES
Counsel for Fernando R. Aldeguer III
Unit 2201, Atlanta Centre,
Annapolis Street
Greenhills, City of San Juan,
telephone: 85714886

ATTY. RAFAEL LOREZO G. ATTY. AGUSTIN C. BACUNGAN III

TANCINCO

ATTY. CARLOS JOSEPH FREDERIC ATTY. CORYELL TEODORO C.

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MANGCO PALARCA

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES }

________________ CITY } S.S.

BEFORE ME, a Notary Public for and in ______________ City, Metro

Manila, personally appeared Ms. Kim Janis M. Quizon with _____________.
_________________, valid until ___________________, which is a competent
evidence of her identity, known to me to be the same person who executed the
foregoing Compromise Agreement consisting of six (6) pages including the
Acknowledgement pages and she acknowledged to me that the same as her free
and voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set may hand and affixed my

notarial seal this ____ day of _____ 2021.
 
Doc. No. ____
Page No. ____
Book No. ____
Series of 2021.
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ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES }

______________________________ } S.S.

BEFORE ME, a Notary Public for and in __________ City, Metro Manila,
personally appeared Mr. Fernando R. Aldeguer III with ____________ No.
__________________ issued in ______________ and valid until ___________,
which is a competent evidence of his identity, known to me to be the same person
who executed the foregoing Compromise Agreement consisting of six (6) pages
including the Acknowledgement Pages and he acknowledged to me that he
executed the same as his free and voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

notarial seal this ____ day of ______ 2021.

Doc No. _____

Page No. _____
Book No. _____
Series of 2021.