COMPROMISE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Compromise Agreement is entered into by and between:

ZOSIMA MERCADER TUMAMAK, of legal age, single, Filipino and a resident of

Brgy. Cabunga-an, Villaba, Leyte, herein after referred to as the FIRST PARTY;

and

ALLAN LOWELL T. LUMAPAK, of legal age, Filipino, married and a resident of

Basud, San Isidro, Leyte, herein after referred to as the SECOND PARTY;

WITNESSETH THAT:

WHEREAS, the FIRST PARTY is the grandmother of the victim, ALDRICH BESIRA
BERNAS, while the SECOND PARTY is the accused in a case for Reckless Imprudence
Resulting in Homicide;

WHEREAS, the above case stemmed from a vehicular accident (the “Incident”) which
occurred on March 19, 2021 at around 8:00 o’clock in the morning at Brgy. Cabunga-an,
Villaba, Leyte;

WHEREAS, discussions and negotiation of a possible compromise agreement on matters

allowed by existing law were made by the Second Party and First Party;

WHEREAS, THE FIRST PARTY had manifested her willingness to be indemnified a

reasonable value for whatever civil damage, suffering or loss that she had sustained by reason o
the incident and the SECOND PARTY is likewise willing to meet the demands of the FIRST
PARTY;

WHEREAS, both parties have come to a mutually beneficial arrangement as to the

method of payment and mode of settlement of the civil aspect for its convenient and immediate
disposition;

NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein established, the parties hereto agreed as follows:

1. The SECOND PARTY agrees to pay the FIRST PARTY ALL THE EXPENSES
including, but not limited to embalming of cadaver, casket, nine-day interment, stipends,
grave and other funeral expenses, the total amount of which is still to be determined after
proper accounting and liquidation by the FIRST PARTY.

2. The parties agree that upon payment by the FIRST PARTY to the SECOND PARTY of
all the expenses as mentioned in the preceding paragraph, both parties shall release each
other free from any liabilities and obligation/s whatsoever resulting from the accident,
including all claims and counterclaims therein, and agree not to file any case, whether
civil, administrative or criminal, of any kind or nature whatsoever, in any court, tribunal,
or government agencies exercising quasi-judicial function arising from the same facts,
incident, claim, cause or causes of action.

3. That upon full payment of the above-mentioned expenses, the FIRST PARTY undertakes
to desist from her active participation in the prosecution of the abovementioned case, if
any, and to execute an Affidavit of Desistance.

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Both parties have executed this agreement by their own and voluntarily act and deed and their
mutually agreed terms. Both parties warrant further, that the contents of this agreement were
explained to them in local vernacular and signed the same with full understanding of its nature
and consequences.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 19th day
of March, 2021 at Villaba, Leyte, Philippines.

ZOSIMA MERCADER TUMAMAK

First Party/ Private Complainant
Voter Certification No. 3751-0018A-C1171ZMT20000-3
Issued by: COMELEC, Villaba, Leyte

ALLAN LOWELL T. LUMAPAK

Second Party/Accused
Driver’s License No. H10-05-000261
Issued on: 2018/09/21
Issued at: LTO

Signed in the presence of:

_____________________________ _____________________________
ANABELLE O. SABAREZ LITO PEDRA

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF LEYTE )
MUNICIPALITY OF VILLABA ) S.S.
x--------------------------------------------x

BEFORE ME, a Notary Public for and in the Municipalities of Villaba, Palompon and
Tabango, Province of Leyte, personally appeared the above persons, who are identified by their
competence evidences of identity shown above, known to me and to me known to be the same
persons who executed the foregoing instrument and they acknowledged before me that the same
is their voluntary act and deed and the voluntary act and deed of the persons represented.

This Instrument relates to a Compromise Agreement consisting of two (2) pages

including this Acknowledgement, having been signed by the parties and their witnesses on each
and every page and sealed with my notarial seal.

WITNESS MY HAND AND SEAL this 19th day of March, 2021 in Villaba, Leyte,
Philippines.

Doc No. ______;

Page No. ______;
Book No. XXI;
Series of 2021.

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