Manifestation

Manifestation bringing to the attention of the Court private complainant's withdrawal from Compromise Agreement for the utter failure of the accused perform obligation and for wanton showing of bad faith.

### The Actual Text

Republic off the Philippines

Regional Trial Court

FIRST JUDICIAL REGION

Branch 54

Alaminos City, Pangasinan

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Manifestation

COMES NOW the undersigned private complainant, by himself and before this Honorable Court, most respectfully state:

THAT, pursuant the Order dated 12 September 2017 which referred the above-captioned case (CRIM. NO. 7936-A) for mediation, a Compromise Agreement was executed by the partis on 6 November 2017 in the City of Alaminos, Pangasinan; a copy of which was duly submitted and entered accordingly in the records;

THAT, the undersigned private complainant promised to execute an Affidavit of Desistance aside from the common agreement by both parties to waive all claims against each other the moment the Accused have satisfied performance of his covenanted obligations which in turn, are stated thereto as follows:

1. Na ang akusado na si Justo A. Bergonia ay kusang-loob na tatapusin at irerehistro ang Extra Judicial Summary Settlement na pinapalakad ng private complainant sa pinakamabilis at pinakamadaling kaparaanan;

2. Na ang akusado ay magbibigay ng kusa bilang kabayaran sa nagastos sa paglalakad sa rehistro ng nasabing Extra Judicial Summary Settlement ng halagang One Hundred Thousand Pesos (₱100,000.00) sa private complainant matapos na masakatuparan ng akusado ang pagpaparehistro ng nasabing Extra Judicial Summary Settlement.

THAT, on 22 January 2018, the accused issued a post-dated check in favor of the Private Complainant amounting to One Hundred Thousand Pesos (₱100,000.00) dated due and demandable 21 February 2018;

THAT, on 22 February 2018, the said check was dishonored given the reason Account Closed prompting the undersigned to send the Accused a Demand Letter (copy attached) dated 27 February 2018 for both the dishonored check as well as for the completion of registration of the Settlement Instruments pertained in the Compromise Agreement and which the Accused personally received on 9 March 2018 in Quezon City, Metro Manila;

THAT, as stated in the Demand Letters, the accused was given five (5) days upon receipt to take such necessary steps to settle his obligations and fully comply with the terms of the Compromise Agreement which, unfortunately, the latter continue to ignore to this date that the former decided file a criminal complaint for estafa under Art. 315 (2)(d) of the Revised Penal Code and for violation of BP 22 before the Office of the City Prosecutor of Caloocan on 5 April 2018 as well as withdraw from the pertained Compromise Agreement.

NOW THEREFORE, owing to the facts aforecited, the undersigned private complainant hereby brings to the attention of this Honorable Court that as of the date of the foregoing Manifestation, the same hereby declares withdrawal from the above-cited Compromise Agreement for the reason that the accused have utterly failed to satisfy his obligations thereto stated within reasonable time as well as for such manifest and arrogant showing of bad faith.

SUBMITTED this 5 April 2018, City of Caloocan, Metro Manila for the City of Alaminos, Pangasinan.

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MR. SERGIO F. OREAS

*Private Complainant*

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