REPUBLIC OF THE
PHILIPPINES
METROPOLITAN TRIAL COURT
Xxx CITY
BRANCH xxx
Xxx,
Plaintiff
Civil
Case No. xxx
-
Versus –
Unlawful Detainer
Xxx, etc.,
Defendants.
x---------------------------------x
MOTION TO REVOKE
COMPROMISE AGREEMENT
THE
DEFENDANT xxx, by counsel, respectfully states:
1. On
xxx 2012 the parties, aided by the assigned Mediator, arrived at a Compromise
Agreement.
See Annex “A”, Compromise Agreement.
2. Although
the agreement provided that upon payment by xxx 2012 by the defendant to the
plaintiff of the amount of P600,000.00, the defendant shall vacate the premises
subject matter of this case, nonetheless, the parties, sub silencio and impliedly, had subsequently agreed to modify the terms and conditions of the agreement in some
major aspects thereof, i.e.,
(a)
to extend
the period of payment indefinitely while the defendant was sourcing out
external funds or loans from his brother in the USA and/or while the defendant
was negotiating the sale of a parcel of land owned by his family located in
Mindoro.
Meanwhile, the defendant was paying
the plaintiff partial amounts during the moratorium
to settle the abovementioned compromise amount of P600,000.00, with the consent of the plaintiff as shown
by her voluntary acceptance of such partial payments, and
(b) to suspend any execution-related action indefinitely that is intended to enforce by a writ of execution, the abovementioned Compromise Agreement during
the indefinite moratorium while the
defendant was paying partial amounts to the plaintiff, with the consent of the
latter as shown by her acquiescence and acceptance of the partial payments and
while the defendant was sourcing out funds from his brother in USA and from the
sale of a family land located xxx.
3. The
defendant had made a total payment (i.e., various partial payments in the forms
of both direct cash and deposits in the
bank account of the plaintiff) in the amount of P350,000.00 as of this writing.
See Annex “B”, Summary Of Partial Payments made by the defendant
in his handwriting with copies of the handwritten Acknowledgment Receipts signed by the plaintiff and with copies of various BDO Bank Deposit Slips.
4. It
will be recalled that the Court had previously referred the parties back to the
Mediation Center for a second round of
mediation, upon the oral motion of the defendant during the previous
preliminary conference setting hereof, precisely to formalize the abovementioned verbal amendments/modifications made by
the parties to the abovecited Compromise Agreement.
5. No
compromise was reached during the second round of mediation.
6. In
the past meetings between the parties during the second round of mediation, the
plaintiff had strongly intimated to the defendant that she would soonest cause
the execution of the abovecited Compromise Agreement by way of a motion for writ of execution.
This is most unfair because the
verbal agreement of the parties after the Compromise Agreement had been
signed by them during the first round of mediation was to indefinitely extend the payment period and to allow the defendant to
make partial payments during such indefinite moratorium while the defendant
was assiduously sourcing out external funds from his brother abroad or from the
sale of their family land in Mindoro.
7. It
now appears that there being no successful compromise between the parties during
the second round of mediation, the parties would now be constrained to fully litigate the merits or demerits of
their claims and counterclaims in a full-blown trial before the Court.
8. In
such a case, in the interest of justice, the plaintiff now has the legal
duty to REFUND to the defendant the total amount of P350,000.00 that
the defendant had previously paid to the plaintiff.
9. Further,
it is now proper for the defendant to move for leave of court for the
REVOCATION of the Compromise Agreement (Annex
“A”, supra).
WHEREFORE, premises
considered, it is respectfully prayed:
(a) that the COMPROMISE AGREEMENT
referred to in Annex “A”, supra, be now
deemed by the Court as REVOKED in the form of an Order to that effect and
(b) that an Order issue
commanding the plaintiff to REFUND the total amount of P350,000.00 that
she had freely and voluntarily received from the defendant, the proofs of which
are referred to in Annex “B”, supra.
FURTHER,
the defendant prays for such and other reliefs as may be deemed just and
equitable in the premises, e.g. a CASE
STATUS CONFERENCE before the Honorable
Presiding Judge in chambers, by way of Judicial Dispute Resolution (JDR), to AMEND the Compromise Agreement
under such terms and conditions as the parties may find proper.
xxx City, xxx 2013. X
LASERNA CUEVA-MERCADER LAW OFFICES
Counsel for
Defendant xxx
Unit 15, Star Arcade, C.V Starr Avenue
Philamlife Village, Las Pinas City 1740
MANUEL J. LASERNA JR.
X x x
NOTICE OF
HEARING
Clerk of Court
Metropolitan Trial Court
Branch xxx
Xxx City
MABUHAY:
Please set
this motion for hearing on xxx 2013, Tuesday, at 8:30 AM, which is also the
Preliminary Conference setting of this case, for the convenience of the
parties and their lawyers. Thank you.
Manuel
J. Laserna Jr.
Cc :
Atty. Xxx
Counsel for Plaintiff
Rm. Xxx
xxx Bldg.
Brgy. xxx, xx City
Metro Manila
Reg. Rec.
No.
Date PO
EXPLANATION
A copy of
this pleading is served via registered mail, instead of via personal service,
on the adverse counsel due to the distance of his law office address and the
lack of field staff of undersigned counsel at this time.
MANUEL
J. LASERNA JR.
