-AND-
WITNESSETH:
WHEREAS, FIRST PARTY and SECOND PARTY are the accused and the
private complainant in Criminal Case No. 8848 entitled People of the Philippines v.
Irenea M. Prieto for Estafa pending before the Municipal Trial Court in Cities in the
City of Panabo;
WHEREAS, the parties have amicably settled the dispute among themselves
and agreed to cease the prosecution of the aforenamed case upon settlement of the
actual losses and damages of SECOND PARTY arising from the acts which are the
subject of the aforenamed case;
1. FIRST PARTY shall pay the sum of ONE MILLION SEVEN HUNDRED
EIGHTY TWO THOUSAND EIGHT HUNDRED PESOS (₱1,782,800.00);
2. FIRST PARTY SHALL execute the necessary Promissory Note with co-makers
acceptable to SECOND PARTY to ensure payment of the abovementioned sum
of money (Annex “A”);
3. FIRST PARTY shall cause the execution of a Deed of Real Estate Mortgage in
favor of SECOND PARTY to secure the payment of the said Promissory Note
(Annex “B”);
4. FIRST PARTY shall deliver to SECOND PARTY the Certificate of Title of the
real property mortgaged;
5. FIRST PARTY shall recognize her natural obligation to SECOND PARTY for the
actual and consequential damages to SECOND PARTY arising from or on
occasion of her misdemeanor, in perpetuity;
6. For its part, SECOND PARTY shall cease and desist from further prosecuting
the aforesaid cases, and shall inhibit itself from initiating further
administrative, civil and criminal proceedings against FIRST PARTY, and shall
not bear witness against FIRST PARTY if summoned by the Courts or quasi-
judicial bodies.
IN WITNESS WHEREOF, the FIRST PARTY and the SECOND PARTY have
hereunto set their hands this ______________________, in Panabo City, Davao
del Norte, Philippines.
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the City of Panabo, Davao del Norte,
Philippines, this ___________________, personally appeared the above-named
persons with their respective valid ID written below their names, all known to me to
be the same persons who executed and signed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.
This instrument consists of two [2] pages including this page where the
acknowledgement is written, duly signed by the parties and their instrumental
witnesses on each and every page thereof.
WITNESS MY HAND SEAL at the place and on the date first herein above
written.