Republic of the Philippines)
Makati City, Metro Manila  ) S.S.

 

COMPROMISE AGREEMENT
[With Waiver, Release and Quitclaim]

 

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Undertaking [With Waiver, Release and Quitclaim], executed this ____ day of February 1999 in Makati City, Metro Manila, by and among:

MARIA CARLOS TRINIDAD, JOSE LAURO TRINIDAD, SONIA CARLOS TRINIDAD, all of legal age, married, with postal address at c/o CHAVEZ LAURETA & ASSOCIATES, Penthouse, Heart Tower, 108 Valero St., Salcedo Village, Makati City, Metro Manila, herein represented by JOSE LAURO TRINIDAD by virtue of a Special Power of Attorney executed on 25 April 1994, and hereinafter referred to as the FIRST PARTIES;

METROPOLITAN DOCTORS, INC., doing business under the name and style as METROPOLITAN MEDICAL CENTER, a corporation duly organized and existing under Philippine laws, with business address at c/o EDSA, Mandaluyong City, Metro Manila, Metro Manila, herein represented by its Medical Director, CARLOS P. LOPEZ, M.D., hereinafter referred to as the SECOND PARTY; and

DRA. VISITACION V. LUNA, DRA. ANITA CARMEN-ROCES and DRA. MARIA LUISA ROBERTS, with postal address at c/o METROPOLITAL MEDICAL CENTER, Mandaluyong City, Metro Manila, hereinafter referred to as the THIRD PARTIES;

 WITNESSETH: THAT

WHEREAS, the FIRST PARTIES are the plaintiffs in Civil Case No. 94-1602, entitled "MARIA CARLOS TRINIDAD, et al.," versus "METROPOLITAN DOCTORS, INC., et al.," pending in the Regional Trial Court of Makati City, Branch 65 (Civil Case No. 95-6503), hereinafter referred to as the "Pending Case";

WHEREAS the SECOND PARTY and THIRD PARTIES are the defendants in said Pending Case;

WHEREAS, all the parties are desirous of settling amicably the Pending Case, which as been pending for almost five (5) years, and thereby put to rest a long and costly litigation;

NOW, THEREFORE, in consideration of the foregoing premises, the parties hereby undertake as follows:

1. The SECOND PARTY shall voluntarily undertake the following:

1.1. to make available to MARIA CARLOS TRINIDAD a private room at the Makati Medical Center which is appropriate/adequate, considering her present medical condition, including the continued use of the hospital bed she is now using and a sofa bed, all free of charge and for as long as she remains clinically alive and in need of medical attention; and

1.2. provide MARIA CARLOS TRINIDAD, likewise free of charge, medicine, drugs, life-support systems, medical equipment and other facilities, medical assistance, neurological treatment and other appropriate medical services from competent nurses, doctors or specialists – which may be advisable or necessary to maintain her in her present condition, including treatment of complications or illnesses of whatever kind or nature which may arise from said treatment or condition.

2. The THIRD PARTIES, individually, undertake to make available their expertise or services when and as needed by MARIA CARLOS TRINIDAD, upon request by the FIRST PARTIES or the SECOND PARTY: Provided, that, if for any reason whatsoever the THIRD PARTIES are unable to do so, they shall exert their best efforts to make available the services of a substitute doctor or specialist, likewise free of charge.

3. The parties agree to, and shall cause, the dismissal, with prejudice, of the Pending Case, including all claims and counterclaims therein, and agree not to file any similar case, whether civil, administrative or criminal, of any kind or nature whatsoever, arising from the same facts, incident, claim, cause or causes of action.

4. Except as provided in paragraphs 1 and 2 hereof, the parties hereby mutually, irrevocably, freely and voluntarily release and forever discharge one another, including the officers, directors, employees, stockholders, successors-in-interest of the SECOND PARTY and the heirs and assigns of the THIRD PARTIES, from any and all manner of action, causes of action, sum of money, damages, liability, responsibility, obligation, claims and demands whatsoever in law or equity, which they had, now have, or may have against each other, including, but not limited to, actual, moral, exemplary and all other damages or causes of action provided for under the law, if any, arising, directly or indirectly, from the facts and circumstances giving rise to, surrounding or arising from the complaint and/or counterclaims in the Pending Case , all of which claims or causes of action by these presents the parties hereby abandon and waive.

5. This agreement shall not in any way be construed as an admission on the part of any party of any fault, negligence or liability, of whatever kind and nature, in connection with the Pending Case.

6. In case of material breach of the terms and conditions of this agreement, the innocent party is hereby authorized to apply for a writ of execution in the Pending Case for the purpose of compelling compliance with the terms and conditions of this agreement.

 

IN WITNESS WHEREOF, the partieshave hereunto set their hand this ____ day of November 1999 in Makati City, Metro Manila.

 

JOSE LAURO TRINIDAD                      METROPOLITAN DOCTORS, INC.
For himself and in behalf of                                    Second Party
MARIA CARLOS TRINIDAD
SONIA CARLOS TRINIDAD
               
     
   First Parties                                  By:
                                                                  CARLOS P. LOPEZ, M.D.
     
                                                                   Medical Director

 

The THIRD PARTIES:

DRA. VISITACION V. LUNA

DRA. ANITA CARMEN-ROCES

DRA. MARIA LUISA ROBERTS

 

Witnessed By:

__________________________   __________________________

 

ACKNOWLEDGEMENT

 

BEFORE ME, a Notary Public for and in the City of Makati, Metro Manila, personally appeared:

 

Name              CTC No.                     Place                    Date 

 

JOSE LAURO TRINIDAD

CARLOS P. LOPEZ

VISITCACION V. LUNA

ANITA CARMEN-ROCES

MARIA LUIS ROBERTS

GRACE LUNA

and they acknowledged to me that they are the same persons who executed the foregoing instrument, consisting of four (4) pages, including this page; that Hideaki Tateishi and Raul G. Fores are both duly authorized to appear in behalf of their respective principals; and that they executed the foregoing instrument as their own free and voluntary act and deed, for themselves and/or in behalf of their respective principals.

Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2000.

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