Province of South Cotabato ) S.S. Municipality of Polomolok ) x---------------------------x
COMPROMISE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Compromise Agreement is made and entered into by
and between:
CARMENSITO B. SIMBAJON and JULIETA
SIMBAJON, duly represented by his sibling ERLINDA S. ESTANDARTE, of legal age, Filipino, married, and a resident of Purok Masigla, Brgy. Silway 8 , Polomolok, South Cotabato, Philippines and ROSE ANN P. NARCISO duly representing her child named AIRIANNE S. NARCISO, (hereinafter referred to as the "FIRST PARTIES");
- and -
ELIAS G. ELEPTICO, JR, of legal age, married,
Filipino, and a resident of Zone 5, Brgy. Libertad, Surallah, South Cotabato, (hereinafter referred to as the "SECOND PARTY");
WITNESSETH:
WHEREAS, the FIRST PARTIES are the private
complainants against the SECOND PARTY, involved in an alleged vehicular accident that transpired along National Hi-way corner crossing, Brgy. Glamang, Polomolok, South Cotabato;
WHEREAS, the vehicles and persons involved are as follows:
The Vehicle 1 is one (1) unit Skygo Wizard 125 MC, color red, bearing plate no. 4151-MV, and driven by CARMENSITO B. SIMBAJON. Vehicle 2, on the other hand, is one (1) unit Mitsubishi Strada Pick-up-4-door color re, with plate no. MFD-896, owned by Elias G. Eleptico, Jr and driven by Rotone, Efren y Aldema;
WHEREAS, the incident happened at 6:45 in the evening,
May 16, 2018, Vehicle 1 was traversing along Brgy. Glamang, Polomolok, South Cotabato, and while in motion, it results P a g e | 2 of 2
damages of Vehicle 1 including the two passengers, who
sustained head and body injuries;
NOW, THEREFORE, both parties agreed to the following
compromise agreement:
1. The FIRST PARTY and SECOND PARTY agreed to
proportionately share and/or shoulder the expenses, costs and/or other related expenses with a thirty percent (30%) sharing for the former, while seventy percent (70%)for the latter for the FULL RECOVERY of the injured victims JULIETA SIMBAJON and AIRIANNE S. NARCISO;
2. Such expenses, as abovementioned, shall be limited to all
medical procedures and other related medical expenses for the recovery of the victims, during their admission in Mindanao Medical Center, General Santos City;
3. The FIRST PARTY acknowledged receipt in the amount of
THIRTEEN THOUSAND PESOS (P13,000.00), as initial payment of the proportionate share, as mentioned in the preceding sections;
4. Further, the SECOND PARTY shall accede to claim for the
insurance, in favour of the FIRST PARTY, upon compliance with the requirements set by the insurance company;
5. In case that SECOND PARTY fails to comply with this
agreement will cause the REVIVAL of this case;
6. Thereafter, the FIRST PARTY agreed to sign an affidavit
of desistance, upon compliance with the provisions set herein;
This Agreement shall be valid and binding not only on the
parties herein but also on their heirs, agents, representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto affixed
their signatures this 17th day of May 2018 at Polomolok, South Cotabato, Philippines.
ERLINDA S. ESTANDARTE ELIAS G. ELEPTICO, JR
P a g e | 3 of 2
School Id No. 5116494 Driver’s License ID No. L08-93-
004052 FIRST PARTY SECOND PARTY
ROSE ANN P. NARCISO
ID No. 2011-0865 FIRST PARTY
SUBSCRIBED AND SWORN to before me this 17th day of
May 2018 at Polomolok, South Cotabato. I hereby certify that I personally examined the affiant and I am fully satisfied that she executed this affidavit freely and understood the contents thereof.
ATTY. DARLENE D. GILBUENA
Public Attorney II Pursuant to R.A. 9406 Doc. No. _____; Page No. _____; Book No. 001; Series of 2018.