This Agreement is entered into this 23 rd of January 2018, in the
City of Quezon, Philippines, by and between:
NICOLE DOMINIQUE N. IBAY, of legal age,
Filipino, single, with residence and postal address 78 B Gen Segundo Heroes hill, Quezon City, hereafter referred to as the FIRST PARTY;
AND
SELENA GOMEZ, of legal age, Filipino, single, with
residence and postal address at 111 UNIT B The Good place, Quezon City, hereafter referred to as the SECOND PARY.
WITNESSETH, THAT:
WHEREAS, FIRST PARTY and SECOND PARTY are the
plaintiff and the defendant in Civil Case. No. Q-6171995 entitled “Nicole Dominique N. Ibay vs Selena Gomez” for Collection of Sum of Money pending before the Regional Trial Court in Quezon City (hereafter the “Case”) respectively;
WHEREAS, the Case stemmed from an unpaid loan of Five
Hundred Thousand Pesos (PhP 500,000.00) with an agreed interest of twelve percent (12%) per annum extended by FIRST PARTY to the SECOND PARTY on October 1, 2016;
WHEREAS, as a result of the continued non-payment of the
SECOND PARTY, the Case was instituted by the FIRST PARTY;
WHEREAS, during the pendency of the Case several
opportunities for discussions and negotiations of a possible compromise on matters that are allowed to be compromised by existing law were given to the parties by the court;
WHEREAS, after such negotiations and discussions the parties
mutually realized and deem it best and convenient to resolve the case in an amicable manner in order to avoid a protracted litigation; WHEREAS, the SECOND PARTY had manifested her willingness to pay the FIRST PARTY;
WHEREAS, both parties have come to a mutually beneficial
arrangement as to the method of payment and mode of settlement for its convenient and immediate disposition;
NOW THEREFORE, for and in consideration of the mutual
covenants and agreements herein established, the parties hereto agree as follows:
AMOUNT OF DAMAGE
SECOND PARTY, by its own independent and voluntary
assessment, categorically expresses that the estimated amount of damages she shall pay to the FIRST PARTY is ONE HUNDRED THOUSAND PESOS (PhP 100,000.00).
PAYMENT SCHEME
SECOND PARTY, mindful of loss and damage experienced by
FIRST PARTY, to alleviate the Incident agrees to pay the abovementioned amount for damages and the outstanding balance of the loan in a manner and term provided hereunder:
(i) First half of the amount or THREE HUNDRED
THOUSAND PESOS (PhP 300,000.00) shall be paid and given to the SECOND PARTY at the execution of this Agreement, and receipt of which is hereunder acknowledged by the SECOND PARTY;
(ii) The remaining balance of THREE HUNDRED
FIFTY THOUSAND PESOS (PhP 300,000.00) shall be paid on February 15, 2018.
Both parties have executed this Agreement by their own
voluntary act and deed and in their mutually agreed terms. Both parties warrant further, that they did so with the full understanding of its nature and its consequence to the pending Case.
NICOLE DOMINIQUE N. IBAY SELENA GOMEZ
FIRST PARTY SECOND PARTY Assisted by: Assisted by:
Title: Gov. Antonio P. Calingin, Vs - Civil Service Commission and Grace L. Anayron, Source: G.R. Nos. 183322, October 30, 2009 Ponente: Chico-Nazario, J. Facts
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides
Ward A. Thompson v. City of Lawrence, Kansas Ron Olin, Chief of Police Jerry Wells, District Attorney Frank Diehl, David Davis, Kevin Harmon, Mike Hall, Ray Urbanek, Jim Miller, Bob Williams, Craig Shanks, John Lewis, Jack Cross, Catherine Kelley, Dan Ward, James Haller, Dave Hubbell and Matilda Woody, Frances S. Wisdom v. City of Lawrence, Kansas Ron Olin, Chief of Police David Davis, Mike Hall, Jim Miller, Bob Williams, Craig Shanks, John L. Lewis, Jack Cross, Kevin Harmon, Catherine Kelley, Dan Ward and James Haller, Jr., 58 F.3d 1511, 10th Cir. (1995)