REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION

METROPOLITAN TRIAL COURT
CALOOCAN CITY, BRANCH _____

JUAN DELA CRUZ,

Plaintiff,

- versus -
Civil Case No. ________________
For: Enforcement of Barangay
NOLI SANTOS, Compromise Agreement
Defendant.
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PETITION FOR ENFORCEMENT OF

BARANGAY SETTLEMENT AGREEMENT

Plaintiff JUAN DELA CRUZ, through counsel, respectfully states:

1. Plaintiff is a Filipino, of legal age, single, with office address at 2 nd

Floor, Don Vicente Singson Building, Bonifacio Market, EDSA
Monumento, Caloocan City. He may be served with notices,
orders, and other processes through the undersigned law office
at the address indicated below.

2. Defendant Noli Santos is Filipino, of legal age, married, and is one

of Petitioner’s tenants in Bonifacio Market. He may be served
with notices, orders, and other processes at his residence in
Bonifacio Market, EDSA Monumento, Caloocan City.

3. Plaintiff leases out spaces within Bonifacio Market located along

Epifanio Delos Santos Avenue, Caloocan City, to various tenants.
Defendant has been Plaintiff’s tenant since 2013.

4. However, beginning June 2017, Defendant began failing to pay

his monthly rent in violation of the parties’ lease agreement.
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5. On 25 July 2017, Plaintiff filed a complaint before the Lupon ng

Barangay of Barangay 80, Caloocan City alleging that Respondent
failed to pay her monthly rent payments.

6. Barangay mediation proceedings were conducted on 25 July 2017

and on 28 July 2017. In these proceedings, the parties agreed to
amicably settle the issue of non-payment of monthly rentals.

7. On 05 August 2017, Plaintiff and Defendant entered into a

Barangay Settlement Agreement before the Office of the Punong
Barangay, Barangay 80, Caloocan City. The Barangay Settlement
Agreement reads as follows:

“SHE PROMISES TO PAY 7K EVERY 5th OF THE MONTH STARTING

SEPTEMBER 5TH 2017, UNTIL DEBT IS FULLY PAID.

IN CASE SHE FAILS HER OBLIGATION, SHE AGREES TO

VOLUNTARY VACATE THE PREMISES.”

A copy of the Barangay Settlement Agreement is hereto

attached as Annex “A”.

8. Beginning October 2017, however, Defendant failed to remit her

monthly payment. Defendant never remitted any payment for the
subsequent months to Plaintiff thereafter.

9. To date, Defendant has failed to remit a total of twenty (20)

monthly payments. However, Defendant continues to occupy the
premises, contrary to the stipulations contained in the Barangay
Settlement Agreement.

10. Article 416 of the Local Government Code of 1991 states that:

“The amicable settlement and arbitration award shall have the force
and effect of a final judgment of a court upon the expiration of ten
(10) days from the date thereof, unless repudiation of the settlement
has been made or a petition to nullify the award has been filed
before the proper city or municipal court.”

11. Furthermore, Article 417 of the same law provides that:

“The amicable settlement or arbitration award may be enforced by

execution by the lupon within six (6) months from the date of the
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settlement. After the lapse of such time, the settlement may be

enforced by action in the appropriate city or municipal court.”

12. The instant Barangay Settlement Agreement was never

repudiated by the parties thereto. Thus, it became final and
executory on 15 August 2017.

13. Moreover, as more than six (6) months have passed since the
date of execution of the Barangay Settlement Agreement,
Plaintiff respectfully seeks the execution of the same before
this Honorable Court.

14. Thus, Plaintiff respectfully prays that the Barangay Settlement

Agreement be executed by this Honorable Court for failure of
Defendant to comply with the terms and conditions contained
therein.

PRAYER

WHEREFORE, premises considered, Plaintiff respectfully

prays that a Writ of Execution be issued in conformity with the
Barangay Settlement Agreement dated 05 August 2017.

Plaintiff further prays for other just and equitable reliefs

under the circumstances.

RESPECTFULLY SUBMITTED.

Makati City for Caloocan City, 31 May 2019.