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Republic of the Philippines

3rd Judicial Region


MUNICIPAL TRIAL COURT IN CITIES
Branch 4
City of San Fernando, Pampanga

THE PEOPLE OF THE


PHILIPPINES CRIM. CASE NOS.
22-0615 to 22-0619
-versus-
-for-
Violation of B.P Blg. 22
WESTLEY BOLIMA BUITIZON,
Accused.
x----------------------------------x

MOTION TO ADMIT HEREUNDER


COMPROMISED AGREEMENT
COMES NOW, Private Complainant and the accused with the conformity of
the public prosecutor, unto this Honorable Court most respectfully move for the
admission of the hereunder Compromised Agreement, to wit:

COMPROMISE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This agreement is entered in to this 000 day of March 2024, in the City of San
Fernando, Pampanga, Philippines, by and between:

999 Seth Pharmaceutical Inc., a company engaged in the selling and


distribution of pharmaceutical products, and with address at J.P Rizal
Cor. Jaena St. Kalayaan Village Barangay Quebiawan, City of San
Fernando, Pampanga and represented by its Legal Officer MARK
LOUIS B. BATI, herein referred to as the “PRIVATE
COMPLAINANT”; -and-

WESTLEY BOLIMA BUITIZON, Filipino, of legal age, owner of


Farmacia Domeng and with address Unit No. 2 Ballano Bldg., Purok 1,
Brgy. San Pedro, Sto. Domingo Albay herein referred to as the
“ACCUSED”

-WITNESSETH –

WHEREAS, the ACCUSED is a client of the PRIVATE COMPLAINANT


engaging in the purchase of various pharmaceutical products;

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WHEREAS, the PRIVATE COMPLAINANT filed a case for B.P Blg. 22
against the ACCUSED entitled “People of the Philippines vs. WESTLEY BOLIMA
BUITZON”, pending before the Municipal Trial Court in the Cities, Branch 4, San
Fernando Pampanga, docketed as Criminal Case No. 24-0015 to 24-0017, hereinafter
referred to as “the Case”.

WHEREAS, the ACCUSED has paid the amount of SEVENTY-SIX


THOUSAND NINE HUNDRED EIGHTY-THREE PESOS and FIFTY centavos
(76,983.50) on January 31, 2024 in partial satisfaction of the civil aspect of this case.

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


promises contained herein, parties hereto agree as follows:

1. The ACCUSED hereby agrees to promptly settle the outstanding balance


totaling to THIRTY-THREE THOUSAND SIXTY-FIVE PESOS AND
11/100 (P33,065.11) comprising the following components:
 Unpaid Invoices totaling P19,435.00
 6% interest annual, calculated from the Total Principal amounting to
P5,785.11
 Filing Fee’s totaling to P7,845.00

2. The ACCUSED shall remit the equivalent sum of SIX THOUSAND SIX
HUNDRED THIRTEEN PESOS AND 02/100 (P6,613.02) on a monthly
basis, commencing on March 2024 and continuing until July 2024, with
each payment due on the 30th day of the respective month.

3. Notwithstanding the foregoing, the ACCUSED is not precluded from


paying the settlement amount before the due date.

4. All Payments issued by the ACCUSED must be deposited thru the


PRIVATE COMPLAINANT Bank, with details to wit:
 BDO Account Name: 999 Seth Pharmaceutical Inc.
 BDO Account Number: 435-0077-149

5. Upon Deposit, the ACCUSED will send a copy of the deposit slip to the
Email of the PRIVATE COMPLAINANT for verification, email details
are to wit: roymed999legal@gmail.com

6. Consequently, the PRIVATE COMPLAINANT shall issue and send the


ACCUSED an official receipt for each payment made.

7. That in case the due date falls on a non-working day, or is declared a


holiday or work is otherwise suspended by other natural causes, payment
shall be made by the ACCUSED on the next business day;

8. BOTH PARTIES shall jointly cause the provisional dismissal of the


aforementioned pending case.

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9. That in the event ACCUSED fails to rectify his default, the entire
obligation shall become due and demandable without the need of a
demand and shall entitle PRIVATE COMPLAINANT to the issuance of a
Writ of Execution and to the revival of the criminal aspect of the Criminal
Case with docket No. 24-0015 to 24-0017.

10. BOTH PARTIES hereto hereby expressly warrant that all consent and
requirements necessary for them to enter into this agreement have been
duly obtained/ secured/ complied with.

11. If any term, clause, or provision hereof is held invalid or unenforceable by


a court of competent jurisdiction, such invalidity shall not affect the
validity or operation of any other term, clause, or provision and such
invalid term, clause, or provision shall be deemed to be severed from the
Compromise Agreement.

12. This Compromise Agreement constitutes the entire agreement of BOTH


PARTIES regarding the subject matter thereof, and any previous
agreements or understandings on this subject matter shall cease to have
any effect. Any amendment, alteration, or modification of this Compromise
Agreement shall not be valid and binding unless and until reduced in
writing and signed by BOTH PARTIES.

13. BOTH PARTIES hereby represent and warrant that this Compromise
Agreement is not contrary to law, morals, good customs and public policy.

WHEREFORE, it is respectfully prayed of this Honorable Court that the


foregoing Compromised Agreement be approved in its entirety and that judgment be
rendered in the above-entitled case in accordance with its terms and conditions

Both parties also pray for such other relief and remedies deemed just and
equitable under the premises.

City of San Fernando, Pampanga March 000, 2024

999 Seth Pharmaceutical Inc.


Private Complainant

______________________ ___________________________
MARK LOUIS B. BATI WESTLEY BOLIMA BUITIZON
Representative Accused

With my conformity:

__________________________
Pros. Nereo T. Dela Cruz
Associate City Prosecutor

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