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Ejectment
(Unlawful Detainer)
-versusSPOUSES
Ronald
Federizo,
Nenita Federizo, and all other
persons deriving rights Ronald
and Nenita Federizo,
Defendants.
x------------------------------------------------x
COMPROMISE AGREEMENT
This Compromise Agreement entered into this ____ day of March 2014 in
Quezon City, Philippines by and between:
The Heirs of Herculano and Consuelo Urbano,
represented by Danilo Urbano and/or Sonja
Urbano Nicolas, both of legal age, Filipinos, and
residing at 100 Jasmin Street, Barangay Roxas,
Quezon City, hereinafter referred to as the
Complainants;
-andSpouses RONALD and NENITA FEDERIZO, who
are both married, of legal age, Filipinos, and residing
at an apartment unit located at 100 Jasmin Street,
Barangay Roxas, Quezon City, hereinafter referred to
as the Defendants.
Page 1 of 4
Witnesseth that:
WHEREAS, Complainants and Defendants are the complainants and
defendants in Civil Case No. 13-04323-CV entitled Heirs of Herculano Urbano
and Consuelo Urbano vs. Spouses Ronald Federizo & Nenita Federizo;
WHEREAS, the defendants are renting the apartment unit (subject
property) located at 100 Jasmin Street, Barangay Roxas, Quezon City, where they
are presently residing in, and plaintiffs are the owners thereof;
WHEREAS, the complainants lawfully terminated the contract of lease, and
thus lawfully demanded from the defendants to vacate the premises of the subject
property;
WHEREAS, the defendants refused to vacate the premises of the subject
property, thus, the plaintiffs instituted an ejectment case docketed as Civil Case
No. 13-04323-CV;
WHEREAS, the parties desire to settle the above captioned case
between themselves without resort to further litigations and to that end are
willing to enter into this compromise agreement;
Page 2 of 4
3.
Defendants shall pay monthly rent of Thirteen Thousand Pesos
(PhP13,000.00) for every month until they have completely vacated and
surrendered possession of the subject property to the Complainants. The rent shall
be paid to the Complainants every 5th day of the month without need of demand,
which payment shall be acknowledged by the Complainants upon receipt thereof.
4.
In the event that the defendants fail to pay rent equivalent to two (2)
months, defendants shall vacate the subject property and surrender possession
thereof to the Complainants.
5.
If the defendants refuse to vacate and surrender possession of the
subject property as stipulated in paragraphs 2 and 4, said provisions shall be
enforced by execution.
6.
All expenses for utilities shall be for the sole and exclusive account of
the defendants. Likewise, all repairs necessary for the continuous use of the subject
property shall be for the account of the defendants.
7.
Defendants shall not modify or change any part of the subject
property without the permission of the Complainants, unless the same are
necessary repairs.
8.
The parties understand that this agreement is in settlement of the
above-captioned case, thus, the parties agreed to submit the same to the court so
that a judgment may be rendered based on this agreement. In addition, the parties
understand that this agreement supersedes all and any agreement, understanding, or
arrangement between them prior to this with respect to the subject property.
9.
The Defendants understand and agree that any violation of the
conditions, stipulations, and/or terms herein set forth shall end the defendants right
to occupy or possess the subject property, on that regard, defendants understand
that they shall surrender possession thereof to the Complainants. If the defendants
refuse to do so, the same shall be enforced by execution.
10. It is expressly understood that upon execution of this Compromise
Agreement, the parties hereby waive their respective claims and interests
against each other and the same shall be the full and complete settlement of the
above-mentioned case.
11. The provisions of this agreement shall likewise bind the parties
respective assignee, transferee and/or successor-in-interest as the case may be.
12. The parties understand that if any of the provisions contained in
this Compromise Agreement shall be declared invalid, illegal or unenforceable
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PLAINTIFFS:
DEFENDANTS:
DANILO S. URBANO
RONALD FEDERIZO
NENITA FEDERIZO
WITNESSES:
__________________________
________________________
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