APITAL JUDICIAL REGION 222 °°
BRANCH 121, CALOOCAN CITY
a tel
OMEO S: GONZAGA, ERLINDA
}ONZAGA PAGADUAN,-AND
ORIA DE ARMAS,”
Plaintifts,
EOTILDE GONZAGA DELLA,
STRELLA GONZAGA. SOQUERATA,
4ND EMMANUEL GONZAGA._'
Defendants.
: JOINT MANIFESTATION
:
|
f and MOTION |
COME NOW Plaintiffs and Defendants through counsels, unto this Honorable
uurt, most respectfully manifest THAT: | ;
1. They have reached and executed a Compromise bcs on Septeraber 4,
2011, pertaining to the adovs entitled case. |
| 2. They are attaching herewith copy of the said Compromise Agreement to form
| Part of this case and for the approval of this Honorable Court
3. The parties further manifest that the aforesaid Compromise Agreemgnt is in
Conformity with geneval practice, morals, public poliey, publi order and law
and request for the Honorable Court to approve the same and a Jiidgment based
thereon be consequently issued,
a
xWHEREFORE, it is most respectfully: prayed that the attached Compromise
Mirement dated September { 2011. be approved by this Honorable Court. and
ment thereon be consequently issued.
City of Caloocan; September __, 2011.
the Plaintiffs: For the Defendants:
ALO-ANG & ASSOCIATES BALUYOT LAW OFFICE
LAW FIRM & ASSOC,
i Floor Victory Central Mall. Lot 2 J.P. Ramoy St.,
717 Old Victory’Compound | Brgy.Talipapa,
Avenue, Monumento | Novaliches, Q.C.
ocan City
ity
NO. 4157092
TF ruary 3, 2011
Hof Attorney's NO.41190 Roll of Atfomey’s No, O@ 57S
LE Compliance NO. !I-0002332
11, 2008 |
ELE Compliance NO. I1I-0005993TIE
+ Branch Clerk of Court:
Please submit the foregoing Joint Manifestation and Motion to the ony
immediately upon receipt hereof for its consideration and approval.
ALO” ' JASON CANTHLROMEO S. GONZAGA, ERLINDA
IGONZAGA PAGADUAN, AND
Plaintiffs,
~versus- * Civil Case No. C-850
“{ENAIDA GONZAGA AGUSTIN,
PATRICLA GONZAGA FUERTES,
DUARDO GONZAGA,
(LEOTILDE GONZAGA DELLA,
iSTRELLA GONZAGA SOQUERATA,
"AND EMMANUEL GONZAGA:
Defendants.
COMPROMISE AGREEMENT
is Compromise Agreement made and entered into by and among:
ROMEO GONZAGA, of No. 2516 E., Santal Ysabel Avenue, Fullerton,
CA, 92831; ERLINDA GONZAGA PAGADUAN, of 20 Pirate Cove,
Daly City, CA 94014; and, GLORIA DE ARMAS, of 1901 Nordic
Avenue, Chino Hills, CA 91709, hereinafter referred to as the plaintiffs.
Plaintiffs’ Romeo Gonzaga and Erlinda Gonzaga-Pagaduan are represented
herein by their co-plaintiff.Gloria Gonzaga - De Armas as their Attorney-
In-Fact, copy of their respective: Special Power of Attorney is hereto
attached to form an integral part of this Compromise Agreement.
-and-
ZENAIDA GONZAGA AGUSTIN, of 8433 Mango Way, Buena Park,
CA 90620;PATRICIA GONZAGA FUERTES,, of 471 Ka Berong St,
Barrio Parada, Valenzuela City; EDUARDO S. GONZAGA, of 312 L.A.
Asistio St, Sangandaan, Caloocan City; CLEOTILDE GONZAGA
DELLA, of Brgy. Tamurong, Primero, Candon City, locos Sur;
ESTRELLA GONZAGA SOQUERATA, of 822 Hollowell St., Ontario,
CA 91762; EMMANUEL S. GONZAGA, of 548 Westmoreland Ave.,
Los Angeles, CA, 90004, hereinafter referred to.as the defendants.1.
Emmanuel 8. Gonzaga, are all represented herein by
Attorney-in-Fact, Eduardo S. Gonzaga, copies of their resp
Power of Attorney are hereto attached to form an integral part of thi
Compromise Agreement.
|
WITNESSETH:
WHEREAS, the parties are presently involved in a case pending before
Honorable Court.
WHEREAS, in order to put an end. to the above said case and for the
efit of the parties. themselves, they have finally decided to come to ters to
je the same. é
NOW THEREFORE, for and in consideration of the foregoing covenants,
“/eparties hereto hereby agree, as they in fact agreed, to the following:
This COMPROMISE AGREEMENT .. constitutes the entire’
understanding by and among the plaintiffs and the defendants and
operates as full and final settlement, adjudication and termination of
all their rights and obligations as of the date of this agreement, and
of the issues in this case, i |
Hierein parties agree that the total value of the real properties subject
matter of Civil Case C-850, consisting of two (2) separate parcels of
land and improvements located at| No. 640 Lakas ng
MaramiPoblacion, Caloocan City and No, 312, L. Asistio Street,
Poblacion, Caloocan City are estimated| in the amount of Two
Million and Four Hundred Thousand Pesos (P2,400,000.00)
‘The parties agree the real property located l, Nos. 238 -240 Lakas ng
Marami, Poblacion, Caloocan City and covered by TCT No. 2754 of
the Registry of Deeds of Caloocan City ard registered in the names
of; Romeo S, Gonzaga and Corazon |Santarina-Gonzaga, 2/10
shares; Zenaida S. Gonzaga, 1/10 share,| single; Felipe Gonzaga,
married to Virginia Sarmenta, remaining share, (7/10), shall belong
and shall be divided by the plaintiffs equally among themselves as
their share in the estates of the late Felipe Gonzaga married to the
late Virginia Sarmenta Gonzaga, except the 1/10 share of the said
property in the name of Zenaida S. Gonzaga which shall remain and
belong to her.
"The parties agree also that the real property’ located at No, 312 L.
Asistio Street, Poblacion, Caloocan City and covered by TCT No.
86748 of the Registry of Deeds of Caloocan Cityand registered in10.
ll.
themselves as their share in the estates
and the late Virginia Sarmenta Gonzaga;
Pending the final execution and signing of this Compromise
Agreement, the defendants through their Attorney-In-Fact commit to
vacate and surrender peacefully to the plaintiffs or their
tepresentatives the property located at Lakas in Marami, Caloocan
City on or before July 22, 2011, Likewise, the plaintiffs commit to
vacate and surrender peacefully to the dbfendants or their
representatives the property: located at No. 312\ L. Asistio Street,
Poblacionm, Caloocan City lekas~i ppHieAPEteoces—City on or
before July 22, 2011. A f
=
Expenses for the payment of real estate tax for thé real. property
assigned and apportioned to the plaintiffs shall be shouldered and
paid by the plaintiffs themselves| Likewise, expenses for the
payment real estate tax for the yeal property assigned to the
defendants shall be shouldered and paid by the defendants.
‘Thie‘amount of estate tix and documentary tax that may. be assessed
by the BIR as taxable on the properly assigned and apportioned to
the plaintiffs under No*3 hereof shajl be shouldered and settled by
the plaintiffs themselves. Likewise, |the amount of estate tax and
documentary tax that may-be assessed by the BIR as taxable on the
property assigned and apportioned to the defendants under No. 4
hereof shall be shouldered. and settled|by the defendants.
The plaintiffs agree that they shall’ bear the expenses on the
registration of the property in their names as assigned and
apportioned to them under No. 3 hereof. Accordingly, the defendants
agree that they shall bear the expenses on the registration of the
property under their names as assigned and apportioned to them
under No. 4 hereof.
Both parties agree that this Agreement constitutes full ahd final
settlement’ of any complaint each may’ have against the other in
relation to this case and forever Waive whatever rights or claims cach
may have against the other arising from the subject properties.
Further, the PARTIES agree to execute the necessary documents,
papers, deeds, motions and instruments as are or may become
necessary or convenient to carry out the main purposg and intent of
this Agreement which is the termination of the parties respective
claims on the partition and settlement of the estates of the late Felipe
Gonzaga and Virginia Sarmenta Gonzaga.
‘The parties commit and undertake to abide and comply strictly with
the foregoing provisions of this agreement, -
/IN WITNESS WHEREOR,
‘ptember, 2011.
ORIA G. DE ARMAS
. 717 Old Victory Compound
Avenue, Monumento a
we have hereunto set our hands this Hl day of
Defendants,
BALUYOT LAW OFFICE
’ & ASSOC.
Lot)2 J.P. Ramoy St,
Brey.Talipapa,
Novaliches, Q.C.4
ACKNGHLEDOEMEN?
(For the Plaintiffs)
eee ‘vn, a Notary Public for and’ in the City, of
TY. this [GM doy of F sem. 2011, personally
GLORIA DE ARMAS ' |
US Passport No. 434168123 : |
Issued on : December 3, 2007
To expire on : Recember 2, 2017 t
own to me to be the same person’ who executed the foregoing instrument
th in her’ personal and representative capacity and: had acknowledged
fore me that the, foregoing is her voluntary'act and deed.
This instrument relating to a comprognise agreement has peon signed
each and every page thereof. {
WITNESS MY HAND AND SEAL, this sh i of September,
(11, Caloocan City.
iACKNOWLEDGEMENT
(Wor the Defendants)
BEVORE ME, a Notary Public for and in the City of
this ‘ggskay2st 2011, personally
To expire on 20 GUS pole
wm to me to be the same person who executed the foregoing instrument ;
in his personal and representative capacity.and Had acknowledged
évfore me that the foregoing is her voltintary act and de:
i
This instrument relating to a, compromise agreemeht haj been sianed .
mneach and every page thereof, “>
ait SEP ott
WITNESS MY HAND AND SEAL, thi: y of oa
2011 at CALODGANSCITY
unt. DECEMEE Re Si,
Ko PIR: 41724.05- 6104.4
es IBP 780141 - o10311
CLE: NO. = 0010 43-45-10)
ook No. Role: . ZESB9
ries of 2011 CALOOCAN CITY
aleeCONSULATE GENERAL OF THE PHILIPPINES
SAN FRANCISCO, CALIFORNIA
ACKNOWLEDGEMENT
Before me, RAPHAEL S.C. HERMOSO, Vice Consul of the Republic of the
ilppines for.Northem California, Alaska, Colorado, Idaho, Montana, Northen Nevada,
fegon, Utah, Washington and Wyoming, duly commissioned and qualified, hereby cerlily
(on October 8, 2005, personally appeared ‘
ERLINDA G. PAGADUAN
me known and known tome to be the same person/s who executed the atached
ment, and being informed of its contents, acknoujledged that the same are their own
will and dood.
This Consulate General assumes nd. respohsibilty for the contents of said
{ocument. : : | :
IN WITNESS WHEREOF, | have set my hand eh atid the scl of the Consulate
[Gonoral pn October 2, 2005. =
ity RAPHAEL HERMOSO.
Vice Consul
Annexed document is a SPECIAL POWER ,
OF ATTORNEY in favor of ROMEO S.
GONZAGA and/or GLORIA DE ARMAS.
$25.00
32429
31440
11830 Page No. 284
XXV Series of 2005 :
‘This Cerificate isnot valid if altered in any way