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Compromise Agreement - Danilo Familara
Compromise Agreement - Danilo Familara
Compromise Agreement - Danilo Familara
This Agreement executed this ___ day of March, 2022 at _________ by and
between:
-and-
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 FIRST PARTY has required payment from the SECOND
PARTY for the purpose of facilitating her ownership of the lot she occupies.
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.
Php15,780
Less 50% 7,890
Php 7,890
SURVEY Php5,000
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.
2.1. 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:
2.5. 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.
3.1. 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.
FIRST PARTY
Represented by:
JOSEPHINE T. RILLERA
President