COMPROMISE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Compromise Agreement executed this _____ day of December
2016 in the City of Manila, Philippines, by and between:
KIRITO, of legal age, Filipino and a resident of 288 Banawe Street,
Quezon City, and hereinafter referred to as the “First Party”;
-AND-
ASUNA, of legal age, Filipino and a resident of 143 Escolta Street,
Binondo, Manila, and hereinafter referred to as the “Second Party”;
WITNESSETH THAT:
WHEREAS, the parties herein are the Accused and Private
Complainant in the case of “People of the Philippines vs. Kirito Go”, docketed
as Criminal Case No. 485172-CR for Slight Physical Injuries now pending
before the Metropolitan Trial Court, NCJR, Branch 23, City of Manila.
WHEREAS, the parties herein are the Complainant and Respondent in
the case of “Kirito Go vs. Asuna, docketed as NPS No. XV-08-INV-17A-11608
for Grave Oral Defamation and Slander by Deed pending before the Office of
the City Prosecutor of the City Manila.
WHEREAS, the Second Party, had manifested his willingness to be
indemnified a reasonable amount for whatever damage, suffering or loss that
he had sustained by reason of this case and the First Party is likewise willing
to meet the demands of the Second Party.
NOW, THEREFORE, for and in consideration of the foregoing premises,
by mutual covenant, the parties have agreed to settle their differences
amicably under the following terms and conditions:
1. The First Party shall pay the Second Party the total amount of Fifty
Thousand Pesos, representing all the expenses incurred by the Second
Party, in pursuing Criminal Case No. 485172-CR;
2. Simultaneous with the execution of this Compromise Agreement, the
First Party and Second Party shall both execute and sign their
respective Affidavit of Desistance and Motion to Dismiss, for the
aforementioned cases;
3. The parties, hereby mutually, irrevocably, freely and voluntarily
release and forever discharge one another, from any and all
manner of action, causes of action, sum of money, damages,
liability, responsibility, obligation, claims and demands whatsoever
in law or equity, which they had, now have, or may have
against each other, including, but not limited to, actual,
moral, exemplary and all other damages or causes of
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action provided for under the law, if any, arising, directly or indirectly,
from the facts and circumstances giving rise to, surrounding or arising
from the instant criminal case and criminal complaint, all of which
claims or causes of action by these presents the parties hereby
abandon and waive; and
4. The Second Party acknowledges the receipt of Fifty Thousand
Pesos upon the signing of this Compromise Agreement. The payment
was made through CITIBANK Check Number 0000333, dated
December 22, 2016.
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures this 22nd of December in Makati City, Philippines.
KIRITO ASUNA
First Party Second Party
Assisted by:
ATTY. Juan Dela Cruz
Counsel for the First Party
ATTY. Petro Penduco
Counsel for the Second Party
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ACKNOWLEDGMENT
Republic of the Philippines)
____________________ ) S.S.
BEFORE ME, a Notary Public for and in _______________ on this
_____________ personally appeared.
NAMES ID Number ISSUED IN
1. Kirito
2. Asuna
all known to me and to me known to be the same persons who executed
the foregoing Compromise Agreement and that they have acknowledged
that the same is their free and voluntary act and deed.
This instrument consisting of three (3) pages including this page on
which this acknowledgment is written have been signed over their printed
names, and on the left margin of the other page, by the parties hereof and
their witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, on the date and place first above-
written.
Doc. No. ______;
Page No.______;
Book No.______;
Series of 2016.