Compromise Agreement - Danilo Familara

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COMPROMISE AGREEMENT

This Agreement executed this ___ day of March, 2022 at _________ by and
between:

ESTACIO-PAGKALINAWAN HOMEOWNERS ASSOCIATION


(EPHA), a non-profit, non-stock neighborhood association, organized and existing
under the laws of the Philippines, with principal office and place of business at
Nagpayong, Barangay Pinagbuhatan, Pasig City, Philippines, represented by its
President, Josephine T. Rillera (as evidenced by the attached Secretary’s
Certificate), hereinafter referred to as the FIRST PARTY

-and-

DANILO FAMILARA, Filipino, of legal age, with residence and postal


address at Block 4, Lot 2, Nagpayong II, Barangay Pinagbuhatan, Pasig City,
Philippines, hereinafter referred to as the SECOND PARTY.

WITNESSETH: That —

WHEREAS, the FIRST PARTY was formed “to facilitate the ownership of
lots or houses, or both, by its members and to enhance the delivery of adequate
social services or advantages for the association to improve the quality of life and
well-being of its members,” as provided for in Article I of its Amended By-Laws.

WHEREAS, the SECOND PARTY, having actually resided on and


continuously possessed and occupied a parcel of land consisting of 53.86 square
meters, more or less, located at Block 4, Lot 2, Nagpayong II, Barangay
Pinagbuhatan, Pasig City, Philippines, for at least ten years, qualifies for Free
Patent application under Sections 1 and 3 of RA 10023.

WHEREAS, the FIRST PARTY has required payment from the SECOND
PARTY for the purpose of facilitating her ownership of the lot she occupies.

WHEREAS, certain controversies have arisen with respect to the payment


to the FIRST PARTY.
WHEREAS, on 8 April 2019, the FIRST PARTY filed a complaint with the
Human Settlements Adjudication Board (formerly the Housing and Land Use
Regulatory Board), against the SECOND PARTY, which was docketed as
NCRHOA-04819-2990.

WHEREAS, the parties conducted Mandatory Conferences from September


2021 to February 2022 for the purpose of compromise discussions pertaining to the
subject land.

WHEREAS, upon showing that the FIRST PARTY has facilitated the
registration of no less than thirty five lots and the issuance of Original Certificate
of Title for and on behalf of its owners, it agrees to fulfill the same obligations for
and on behalf of the SECOND PARTY.

WHEREAS, the parties desire to settle and arrange the transactions


necessary for the FIRST PARTY’s facilitation of the ownership of the subject lots
by the SECOND PARTY.

NOW THEREFORE, in consideration of the foregoing and the further


covenants hereinafter set forth, the parties agree as follows:

1. PAYMENTS. The FIRST PARTY is offering to sell, transfer, and convey


their shares in the above-described parcel of land and the SECOND PARTY
is willing to buy the shares of the FIRST PARTY subject to the following
terms and conditions:

1.1. The total consideration shall be NINETY-NINE THOUSAND


THREE HUNDRED SIXTY-NINE PESOS (P99,369.00),
Philippine Currency, computed as follows:

Lot Area plus 34


Common Area* : 16.87 proportionate share
(*roads and open space) 50.87 Sq. Mtrs.
x 1,700 Original Price
Php86,479 Total Cost

Number of Months due 263


Monthly dues x 60

Php15,780
Less 50% 7,890
Php 7,890

SURVEY Php5,000

TOTAL AMOUNT DUE Php99,369

1.2. The sum will be paid in thirty-six (36) installments of 2,760.25


PESOS per month, commencing on the 30th day of the month
following the execution of this Agreement.

1.3. Payments shall be tendered via bank deposit to the FIRST PARTY’s
bank account, provided that said bank account must be in the name of
Estacio-Pagkalinawan Homeowners Association and not any of the
individual officers or directors thereof.

1.4. The FIRST PARTY will issue the SECOND PARTY an official
receipt for every payment of the monthly installment.

1.5. In the event of a default of payment as set out in clause 1.2, the
SECOND PARTY shall be given a grace period of thirty (30) days
upon receipt of a written notice from the FIRST PARTY, within
which to pay the installment. If the SECOND PARTY fails to pay
within the grace period, the SECOND PARTY’s membership in the
FIRST PARTY shall be terminated and the SECOND PARTY agrees
to peacefully vacate the premises of her lot and cede the same to the
FIRST PARTY. In such case, the provisions of RA 6552 or the
Maceda Law shall apply.

1.6. Every fifteenth (15th) day of the month, the FIRST PARTY shall
provide the SECOND PARTY a monthly statement of account,
containing but not limited to the following information:
1.6.1. Payments made;
1.6.2. Disbursement of funds;
1.6.3. Corresponding receipts or invoices; and
1.6.4. Running balance.

1.7. Should the Original Certificate of Title (OCT) be released prior to full
payment by the SECOND PARTY under the terms of this agreement,
the same shall be held in custody of the Corporate Secretary of the
FIRST PARTY. It shall be the ministerial duty of the Corporate
Secretary of the FIRST PARTY to release the Owner's Duplicate
Copy of the OCT immediately upon full payment of the consideration
under this agreement.

2. REGISTRATION. The FIRST PARTY shall facilitate the registration of


the SECOND PARTY as the owner of the subject lot.

2.1. Upon execution of this Agreement, the FIRST PARTY shall deliver to
the SECOND PARTY or the pertinent government agency all
documents necessary for the issuance of the Original Certificate of
Title in the name of the SECOND PARTY, including but not limited
to the following:

2.1.1. Tax Declaration Form;


2.1.2. Free Patent;
2.1.3. Deed of Sale;
2.1.4. Deed of Assignment;
2.1.5. and Transfer/Waiver of Rights.

2.2. Application with the Department of Environment and Natural


Resources (DENR) for the Original Certificate of Title shall be
initiated by the FIRST PARTY on behalf of the SECOND PARTY
within six (6) months after the execution of this Agreement, provided
that the SECOND PARTY is not in default.

2.3. Upon non-fulfilment of the FIRST PARTY of its obligations as set


out in clause 2.2, the SECOND PARTY shall stop payment of its
monthly installments until the former has fulfilled the same.
2.4. Accordingly, the SECOND PARTY cannot be declared in default in
lieu of the month/s pending the FIRST PARTY’s fulfillment of its
obligations as set out in clause 2.2.

2.5. In the event that the SECOND PARTY is able to tender a lump sum
payment amounting to the completion of six (6) months of
installments, the FIRST PARTY will immediately facilitate the
application as set out in clause 2.2.

3. MEMBERSHIP. The SECOND PARTY shall be made a member in good


standing by the FIRST PARTY, with all appurtenant rights attached to such
membership.

3.1. The FIRST PARTY shall issue the SECOND PARTY a certificate as
a member in good standing no later than thirty (30) days after the
execution of this agreement.

4. BINDING EFFECT. This Compromise Agreement shall be binding upon


and inure to the benefit of the parties' respective heirs, successors, assigns
and personal representatives.

5. NON-ASSIGNMENT. A party's rights under this Compromise Agreement


may not be assigned without the express written consent of the other party,
whose consent may be given only in accordance with applicable law and
regulation.

6. SEVERABILITY. If any portions of this Compromise Agreement are held


invalid and unenforceable, all remaining portions shall nevertheless remain
valid and enforceable, to the extent they can be given effect without the
invalid portions.

7. NEGOTIATED TRANSACTION. Each of the parties has participated in


the drafting and negotiation of this Compromise Agreement. Accordingly,
for all purposes, this Compromise Agreement shall be deemed to have been
drafted jointly by the parties.
8. COUNTERPARTS. This Compromise Agreement may be executed in any
number of copies, each of which shall be deemed to be a counterpart
original.

9. REPRESENTATION OF AUTHORITY. Each person signing this


Compromise Agreement hereby represents and warrants that he or she has
the authority to bind the entity on behalf of which he or she has signed.

IN WITNESS WHEREOF, intending to be legally bound, the parties have caused


this Agreement to be duly executed, under seal, as of the day and year first written
above.

ESTACIO-PAGKALINAWAN DANILO FAMILARA


HOMEOWNERS ASSOCIATION SECOND PARTY

FIRST PARTY

Represented by:

JOSEPHINE T. RILLERA

President

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