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AGREEMENT

This Agreement is entered into this 27th of April 2021 in the City of
Imus, Philippines, by and between:

APRIL ANNE C. TOLEDO, of legal age, Filipino, and


residing at Block 22, Lot 13, Phase 8-B, Avenida Rizal Street,
Bahayang Pag-asa Subdivision, Imus, Cavite, hereafter referred
to as the FIRST PARTY;

AND

JOJIE P. ATANACIO, of legal age, Filipino and residing at


5 Pasong Buaya II, Imus, Cavite, Philippines hereafter referred
to as the SECOND PARY.

WITNESSETH, THAT:

WHEREAS, FIRST PARTY and SECOND PARTY were involved in a


vehicular accident (RIR to Damage to Property and Physical Injury) last 2 nd
of April 2021, as reported on Page 760 of the Official Blotter Book of
Philippine National Police Imus City Police Station, under Entry Number
1733;

WHEREAS, the FIRST PARTY’s vehicle namely, Mitsubishi Adventure


GLS Wagon, with a plate number WWO 251, incurred physical damages;

WHEREAS, as a result of such accident, the FIRST PARTY and the


SECOND PARTY entered into an initial agreement on 2 nd of April 2021,
wherein the SECOND PARTY agreed to shoulder all the expenses that are
necessary to fix the physical damages on the aforementioned vehicle, with
the discretion on the part of the FIRST PARTY as to the choice of car repair
shop the FIRST PARTY wants to have the vehicle fixed;

WHEREAS, due to repeated requests of the SECOND PARTY in order


for the latter to fulfill his obligation completely, the FIRST PARTY agreed to
compromise and agreed that the vehicle concerned will be repaired at a car
repair service shop endorsed by the SECOND PARTY namely,
__________________________, located at _________________________,
and owned by ____________________;
WHEREAS, such vehicle remained under care of the aforementioned
car repair shop starting on 7th of April 2021 until 27th of April 2021, with the
condition that such car repair service shop will repair, replace some of the
parts, and whatever kind of service it needs to perform in order to bring
back the good and original condition of the vehicle concerned;

NOW THEREFORE, for and in consideration of the mutual covenants


and agreements herein established, the parties hereto agree as follows:

(i) Given that the FIRST PARTY agreed to amend the initial
agreement in order to meet on both ends with the
SECOND PARTY, whereby the latter’s preference of car
service shop was followed instead of the initial
agreement that the FIRST PARTY will have the primary
choice of preference as to the car service repair shop,
that in any case that the FIRST PARTY discovers some
irregularities which affects the vehicle’s performance,
the SECOND PARTY agrees that in case the vehicle
needs to undergo to some reparation, replacement, or
whatever kind of service is needed to bring back the
vehicle in its good and original condition, he will comply
at his own expense;

(ii) That the FIRST PARTY will be given a period of a year,


starting 27th of April 2021 to avail repair, replacement,
or whatever service is needed to bring back the vehicle
in its good and original condition in relation to the
condition stated in (i), if the FIRST party discovers some
irregularities as to the performance of the vehicle that
affects its performance and is related to the damage
caused by the accident and/or the repair, replacement,
or other services made by the car repair shop
_________________;

(iii) That the FIRST PARTY will be given the primary


discretion, if such unwanted discovery/discoveries
occurs/occur, as to the car service repair shop she
deems it best to have the vehicle concerned be serviced
at the expense of the SECOND PARTY, given that FIRST
PARTY had compromised already as to the initial
agreement;
(iv) That the SECOND PARTY and the endorsed car repair
shop owned by ________________ may be held liable if
any unwanted discovery/discoveries such as but not
limited to: lost items stored in the vehicle, replacement
of original parts that need not be replaced; or if
replaced, was replaced by a quality inferior to the
original, among others, during the period of the
vehicle’s custody with the endorsed car service shop
from 7th of April 2021 until 27th of April 2021;

(v) That the FIRST PARTY may continuously consult the


SECOND PARTY as regards matters which involve the
vehicle concerned, for a period of one year starting 27th
of April 2021.

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.

APRIL ANNE C. TOLEDO JOJIE P. ATANACIO


FIRST PARTY SECOND PARTY

WITNESSES:

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