REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 100
Quezon City

ERNIE D. ARIMALA,
Plaintiff,

-versus-
CIV. CASE NO. R-OZN-24-03004-CV

SPS.DOMINGO DELA CRUZ

And POLING DELA CRUZ, THE
REGISTRY OF DEEDS OF QUEZON
CITY, and all persons claiming
and/or Deriving rights under them,
Defendants.
x----------------------------------------------x

MOTION TO APPROVE AND/OR TO RENDER

JUDGMENT BASED ON THE PARTIES'
COMPROMISE AGREEMENT

THE PARTIES, assisted by their respective counsel, most

respectfully pray for the approval and/or for judgment to be
rendered based on their following Compromise Agreement, THUS:
This Agreement is made and entered into by the below-named
parties this ____ day of May 2024 here in Quezon City, Metro
Manila, Philippines, by and between:
 PLAINTIFF ERNIE D. ARIMALA and DEFENDANTS SPS.
DOMINGO DELA CRUZ and POLING DELA CRUZ hereby state,
THAT:

WHEREAS, the Defendants after learning that this case was filed
against them and fearing that they might be held liable for
damages and costs of suit, have decided to re-negotiate with the
plaintiff;

WHEREAS, duly assisted by their respective counsel, the parties

have agreed to mutually concede some of their rights and adjust
their respective position in order for them to arrive at a mutually-
acceptable and beneficial terms of settlement;

THEREFORE, realizing that it is for their greater benefit to

immediately forge a compromise agreement and cause the
termination of this case, the herein parties hereby agree as
follows:

1. Defendants hereby waive proper service of summons and

declare that with the assistance of their counsel, they have
been fully apprised of the Plaintiff's causes of action
embodied in the Complaint dated April 15, 2024 which was
filed with the Honorable Court on April 16, 2024 and bearing
the above-stated docket;

2. Defendants agree to enter into this Agreement to fully and

completely settle their respective rights and obligations over
the two (2) parcels of land with a total area of 1, 211 square
meters, more or less, covered and embraced by Transfer
Certificates of Title (TCT) Nos. 53073 and 53074, both of the
Registry of Deeds of Quezon City and situated in Quezon City;
 3. Defendants ADMIT that they sold the subject parcels of land
to the Plaintiff under the Deed of Absolute Sale dated January 23,
2023 (Annex "C" of the Complaint) and that they had fully received
the agreed price evidenced by an Acknowledgment Receipt dated
January 23, 2023 (Annex "D" of the Complaint);

4. Defendants also ADMIT that they have undertaken and

committed to turn over and surrender to the Plaintiff the original
owner's duplicate copies of TCT Nos. 53073 and 53074 as well as
the actual and physical possession of the subject parcels of land but
that up to the present they have yet to comply with the same
because they need to redeem the original copies from a creditor and
terminate the leases constituted thereon;

5. Defendants ADMIT and recognize that they have existing semi-

concrete houses and other improvements made of light materials on
the subject parcels of land and the tenants have likewise erected
temporary structures for their respective business and needs;

6. Defendants ADMIT they have loan obligations in the amount of

Ten Million Pesos (P10,000,000.00) to Sps. Velasco secured by Real
Estate Mortgage constituted on the subject parcels of land;

7. Plaintiff agrees to assume Defendants' obligation to Sps.

Velasco. Accordingly, Plaintiff will pay Ten Million Pesos
(P10,000,000.00) to Sps. Velasco in order to redeem the original
owner's duplicate copies covering the subject parcels of land. Relative
thereto, Defendants will deliver to the Plaintiff a special power of
attorney (SPA) and/or authorization in order for the former to redeem
the original certificates of title from Sps. Velasco;

8. Moreover, Defendants commit to terminate all the leases and

cause to dismantle and demolish all existing structures and/or
improvements and make the subject parcels of land free from all
occupants, tenants and other informal settlers within fifteen (15)
days from execution hereof;

9. Additionally, Plaintiff shall give and deliver to the Defendants

Two Million Five Hundred Thousand Pesos (P2,500,000.00)
upon execution hereof;

10. If and should Defendants and/or Sps. Velasco or their

successors-in-interest and/or whoever is in possession of the
original owner's duplicate copies of the subject TCTs fail and/or
refuse to turn over and/or surrender the same, Plaintiff is hereby
authorized to file appropriate motion in court to compel the
surrender thereof and/or to have the said copies declared of no
more force and effect and/or for the Honorable Court to declare the
copies without force and effect and to direct/order the Registrar of
Deeds of Quezon City to issue second and/or substitute owner's
duplicate copies in lieu of the copies not surrendered by
Defendants or by Sps. Velasco or by whoever is in possession of the
subject owner's duplicate certificates of title;

11. Also, if and should Defendants fail or refuse to fully and

completely dismantle and/or clear the area embraced by the subject
TCTs as well as to terminate the leases thereon, Defendants hereby
authorize the First Party to demolish all existing and remaining
structures and/or padlock the premises, install security guards
thereon, and/or secure writ of execution from the Court sans further
demand and notice. Relative therewith, Defendants hereby waive
their right to oppose the motion as well as their right to file any
action against the Plaintiff and/or hold the Plaintiff liable for any
criminal liability and/or for damages arising from the demolition or
clearing of the subject property;

12. To effect all the foregoing, the parties agree that the Court will
issue an order approving the terms of this Compromise Agreement
and should any of the parties violate any of the substantive
provisions of this Agreement, the offended party may secure a writ of
execution in order to enforce the terms hereof sans further demand,
notice and hearing;
13. Defendants further agree that the Plaintiff upon getting the
original owner's duplicate copies from Sps. Velasco or issuance of
substitute copies by the Registry of Deeds of Quezon City will register
the sale between them and secure new copies of title in the name of
the Plaintiff;

14. Upon receipt of the additional Two Million Five Hundred

Thousand Pesos (P2,500,000.00) from the Plaintiff, the Defendants
and their assignees, transferees and/or any and all personas acting
for and in their behalf and/or deriving rights from them shall
absolutely and unconditionally VACATE and/or caused to be vacated
completely and TURN OVER the actual and physical possession of
the ENTIRE Property and commit NOT TO FILE ANY AND ALL
CLAIMS, CASES, and/or any form of claim and assertion of right
either under the law and they shall not commit any act adverse to
and/or may in any way and form prejudice and disturb the Plaintiff's
free and peaceful possession of the subject property;

15. Upon approval and/or rendition of judgment by the Court of

based on this Compromise Agreement, Defendants also agree to
withdraw any and all forms and kinds of claims, opposition and/or
assertion of any right adverse claim to that of the Plaintiff;

16. The submission of this agreement and approval thereof shall

terminate any and all issues, dispute and controversies between the
herein parties in regard to their respective causes of action against
each other. Herein parties further agree that they will no longer hold
each other liable for any damages, attorney's fees, and costs of suit
as, henceforth, their rights and obligations between each other arising
from this suit shall be governed by the terms of this Agreement;
 17. It is also agreed that any dispute pertaining to the
interpretation and enforcement of any of the terms of this
agreement shall be discussed by the herein parties and be settled
amicably. Should court action be not avoided, the parties agreed
that any cases or actions pertaining to the satisfaction of the
obligations fixed in this Agreement or on any issues related thereto
shall be instituted in the proper court of Quezon City only.

18. Moreover, the parties also agree that the ERRING PARTY
shall be liable for liquidated damages of at least P500,000.00
should any of the substantive provisions of this Compromise
Agreement shall be violated and another case related to this is
filed in court to vex, annoy, and harass the innocent party.

IN WITNESS WHEREOF, the parties hereunto affixed their

respective signatures this ____ day of May 2024 here in Quezon
City, Philippines.

ERNIE D. ARIMALA,
Plaintiff

DOMINGO DELA CRUZ POLING DELA CRUZ

Defendants

AMELITA PEREZ BAUTISTA

represented by

Acknowledgment
 SUBSCRIBED AND SWORN TO BEFORE ME, a Notary
Public for and in Quezon City, Metro Manila this______ day of
May 2024, by the parties who personally appeared, to wit:

CEI Valid Until

ERNIED.ARIMALA
DOMINGO DELACRUZ
POLING DELA CRUZ

before me as the same persons who executed and voluntarily signed

the above Compromise Agreement embodied in the Joint Motion to
Approve the same which they have acknowledged before me as their
free and voluntary act and deed and whose identities are further
shown by the following acceptable and competent evidence of
identity.

Doc. No._____.
Page No._____.
Book No. _____.
Series of 2024.

PRAYER

WHEREFORE, premises considered, the parties hereby jointly

submit the above Compromise Agreement for the approval of the
Honorable Court and/or for rendition of judgment based
thereon sans further hearing in view of the fact that it is being
jointly filed and sought. Other reliefs just and equitable under
the premises are likewise prayed for.

Quezon City, Metro Manila; _____May 2024.

 ERNIE D. ARIMALA,
Plaintiff

DOMINGO DELA CRUZ POLING DELA CRUZ

Defendants

AMELITA PEREZ BAUTISTA

represented by

Assisted by:

ROVIL VILLANUEVA
Counsel for the Plaintiff

ERGEM AUGUSTO
Counsel for the
Defendants