REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

THIRD JUDICIAL REGION
BRANCH IV
CITY OF SAN FERNANDO, PAMPANGA

GREATLANDS DEVELOPMENT &

MARKETING CORPORATION,
Plaintiff,
CIVIL CASE NO. 10436
-versus- FOR: UNLAWFUL DETAINER

MYRH JOVES ESTIMADA, and all

persons claiming rights under her,
Defendant.

JOINT MOTION TO APPROVE

COMPROMISE AGREEMENT
PARTIES respectfully submit the foregoing Compromise
Agreement:

1. The parties have agreed to settle their differences and

entered into the foregoing Compromise Agreement under the following
terms and conditions:

2. The parties in order to buy peace of mind and desirous to

put an end to protracted litigation has agreed to amicably settle on a
staggered payment mode on the outstanding balance on the purchase of
a house and lot located at Florida Residences, Brgy. Saguin, San
Fernando, Pampanga, designated as Block 12, Lot 10 with an area of
seventy five (75) square meters, more or less and covered by TCT No.
566548-R, the subject property of this case.

3. The Parties mutually agree that the previous payments

made in compliance with the Contract To Sell dated October 7, 2007
executed by the Defendant amounting to Three Hundred Eleven
Thousand Eight Hundred Ninety Two Pesos And 81/100 (Php
311,892.81) as down payment and monthly amortization in the total
amount of Fifty Four Thousand Four Hundred Six Pesos and 80/100
(Php 54,406.80) shall be all be forfeited in favor of the Plaintiff.

4. Parties mutually agree for the restructuring of the payment

amount and mode in the Contract To Sell executed by the parties. That
the Parties agree that the restructured amount to be paid by the
Defendant to the Plaintiff amounts to One Million Fifty Thousand Pesos
(Php 1,050,000.00).

5. Complainant shall pay the amount of One Hundred Fifty

Thousand Pesos (Php 150,000.00) on or before August 13, 2020 and
the Respondent accepts the same as part of reconstructed amount
amount. That the remaining balance shall be paid for a period of three
(3) years with a monthly amortization amounting to __________________
starting on September 30, 2020 payable every 30th of the month;

6. The Plaintiff agrees that the Defendant shall have the option
to avail of a bank loan and/or a Home Development Mutual Fund
(HDMF) housing loan to pay off the remaining balance. Plaintiff
undertakes to assist the Defendant with all the documentary
requirements needed thereto. Defendant is fully aware that she will
continue to pay the monthly amortization until the approval of the loan
take out and release of the loan proceeds by the bank or HDMF.

7. The parties agree that the Compromise Agreement is not an

amendment to the signed Contract To Sell dated October 7, 2007 but a
mere restructuring of the amount and mode of payment. Failure of the
Defendant to pay the monthly amortizations, a corresponding in house
interest rate of ____ per annum and late payment surcharge of 3% per
month as provided in the Contract to Sell will be imposed herein.

8. Further if the Defendant fails to comply with the agreed

payment of the monthly amortizations of the subject property, despite
the grace period of one (1) month to be given by the Plaintiff, she shall
be immediately declared in default upon written notice and the
provision of R.A. 6552 will be enforced between the parties.

9. That upon the full payment and satisfaction of the aforesaid

obligations, Plaintiff shall have no more recourse against the Defendant.

10. By virtue of this compromise agreement, and any all claims

in connection with or in relation thereto shall be deemed waived by the
parties, their, assignors, successors-in-interest and representatives
including cross claims and counter claims.

11. The foregoing Compromise Agreement is not contrary to

law, morals, public order or public policy.
 12. The parties hereby warrant that their respective
representatives signing for and in their behalf have the full authority to
do so and ratify their acts done pursuant to this agreement and that this
agreement has been entered into freely and voluntarily without force,
threat, intimidation or violence.

13. That the Defendant undertakes that she will voluntarily

vacate the subject property if they are declared in default in payment of
the monthly amortization after written notice. In the event that if they
fail to vacate the unit Plaintiff shall be entitled for the immediate ex-
parte issuance of a writ of execution and physical possession of the
subject property .

14. Failure of any party to comply with this compromise

agreement shall be entitled to the ex-parte issuance of a writ of
execution for the immediate compliance of this compromise agreement
and for the enforcement of the judgment which may be rendered in
accordance with this instant compromise agreement.

IN WITNESS WHEREOF, parties and /or attorney-in-fact set unto

their hands this _____ day of August 2020 at San Fernando City,
Pampanga, Philippines.

GREATLANDS DEVELOPMENT
& MARKETING CORP.
Plaintiff

By:

HAZEL GAVILANGA MYRH JOVES ESTIMADA

Defendant
 ASSISTED BY:

BALUBAR LAW OFFICE PUBLIC ATTORNEY’S OFFICE

Counsel for Plaintiff Counsel for the Defendant
Unit 302 MTF Bldg., Dr. A 3rd Flr., Hall of Justice, Capitol Compound,
Santos Ave., Brgy. San Isidro, CSF, Pampanaga
Paranaque City

By: By:

GEORGE IAN T. BALUBAR GEORGE HERBERT T. TUBIG

IBP Life Member Roll No.
010377 / 1-06-12
Manila III Chapter
PTR No. 171619/ 1-03-19 /
Paranaque City
Roll of Attorneys No. 50668
MCLE Compliance No. V-
0018918 / Issued on 04-19-16
Public Attorney II
Roll of Attorneys No. 63325
IBP No. 1086704; 1/03/18; Pampanga
MCLE Compliance No. VI-0015508/
Issued on 10/12/19

NOTICE OF HEARING

BRANCH CLERK OF COURT

MUNICIPAL TRIAL COURT IN CITIES
BRANCH IV CITY OF SAN FERNANDO, PAMPANGA

Greetings:

Please submit the foregoing Joint Motion to Approve Compromise

Agreement for the consideration and approval of the Honorable Court
immediately upon receipt hereof.

GEORGE IAN T. BALUBAR GEORGE HERBERT T. TUBIG