This Side Agreement (“Agreement”), executed this 20th day of
September 2021 by and among: Ma. Victoria Gonzales, the private complainant in Crim. Case Nos. 90258-87, lodged before Branch 58 of the Metropolitan Trial Court of San Juan City, herein referred to as the First Party, -- and -- Analyn de Guzman Catalan, one of the accused in Crim. Case Nos. 90258-87, lodged before Branch 58 of the Metropolitan Trial Court of San Juan City, herein referred to as the Second Party, Anita Tan Lim, one of the accused in Crim. Case Nos. 90258-87, lodged before Branch 58 of the Metropolitan Trial Court of San Juan City, herein referred to as the Third Party, (Each referred to as a “Party”, the two accused collectively referred to as the “Accused”, all parties hereinafter referred to as the “Parties”.) WITNESSETH THAT: Whereas, the parties have executed a Compromise Agreement for the settlement of the Accused’s respective civil obligations in Crim. Case Nos. 90258-87, lodged before Branch 58 of the Metropolitan Trial Court of San Juan City;
Whereas, in the spirit of continuing amity among the parties,
the First Party hereby agrees to accommodate the request of the Accused to be granted such leeway and allowance as either one of them may request should either or both of them encounter difficulties in complying with their obligations under the Compromise Agreement;
Now therefore, in view of the foregoing and the mutual
covenants hereunder, the parties hereby agree to the following terms:
1. Effectivity. This Side Agreement shall only take effect
upon the trial court’s approval of the Compromise Agreement submitted by the parties, and shall continue to be in effect until the complete satisfaction of the terms of the said Compromise Agreement.
2. Agreement to comply with the Compromise Agreement
in Good Faith. The Accused hereby undertake to promptly and timely fund the checks issued pursuant to the Compromise Agreement, that they will be honored upon presentment for payment. Should any of the accused predict that any of the check might be dishonored for whatever reason, she shall inform the First Party not later than five (5) days before the date of the check in question. Should the First Party find the delay meritorious, she shall then give the requesting accused an extension of ninety days to make good the check in question, or allow the requesting accused to replace the check in question with a new check, post-dated within the thirty six (36) month agreed payment period. The dishonor of the replacement check shall be considered a violation of the Compromise Agreement.
3. Non-Prejudicial Effect on the Compromise Agreement.
This Side Agreement does not in any way modify, alter, reduce or otherwise amend the terms of the Compromise Agreement. This Side Agreement is entered into merely to allow the Accused to comply with the terms of the Compromise Agreement should they encounter some difficulties. The application of the immediately preceding paragraph is subject to the mutual agreement of the Parties, on a case by case basis; and the accommodation by the First Party in certain instances is not a guarantee that she will accommodate subsequent requests.
4. The Parties finally declare that they have read this entire Agreement, understood its import, with full knowledge of their rights under the law.
In witness whereof, the Parties have signed this Side
Agreement on the date and place stated above, with the assistance of their respective counsels.
MA. VICTORIA GONZALES ANALYN DE GUZMAN CATALAN
First Party Second Party
ANITA TAN LIM
Third Party Advised and assisted by their respective counsels: VILLA AND CRUZ MN GUTIERREZ LAW OFFICE Side Agreement Page 2 of 3 ATTORNEYS AT LAW Counsel for Accused Lim Counsel for the Unit 605 South Tower, Globe Private Complainant Gonzales Telecom Plaza, Pioneer Street, Penthouse, BPI-Philam Life Mandaluyong City Alabang Bldg., Alabang-Zapote Road Corner Acacia Ave., By: Madrigal Business Park, Ayala Alabang, Muntinlupa City 1780 CLARO B. FLORES P.O. Box 118 Ayala Alabang P.O. Roll of Attorneys No. 35750 Muntinlupa City 1780 IBP Lifetime Member No. 05156 Tel. No. (+632) 772 5027 – 02/04/05 info@villacruzlaw.com PTR No. MKT 8562519 – 01/20/2021 – Makati City By: MCLE Compliance No. VI- 0020093 – 03/06/19 RYAN JAN G. CRUZ atty.cbflores@gmail.com PTR No. MKT8533401/January- 05-2021/ Makati City IBP No. 144154/January-05-2021/ Makati City MCLE Compliance No. VI- ATTY. LIZA ARGANA 0021654 NOFUENTE March 28, 2019/Pasig City Counsel for Accused Catalan Roll No. 46896 Unit 1207 La BReza Towers, 155 rgcruz@villacruzlaw.com Mother Ignacia Avenue, Quezon City, Metro Manila, 1100 Philippines IBP Lifetime No. 665089 PTR No. 3977890/01-14- 2021/City of Muntinlupa Roll of Attorneys No. 49804
MCLE Compliance No. VI-
0027661 Mobile No. 09177004165 lan@argananofuente.com