Republic of The Philippines Regional Trial Court
Republic of The Philippines Regional Trial Court
Republic of The Philippines Regional Trial Court
ADELSON G. GUILLARTE,
Petitioner,
CASE NO. __________
- versus - FOR: HABEAS CORPUS
x--------------------------------------------/
COMPROMISE AGREEMENT
On Support and Custody
The petitioner and respondent, duly assisted by their respective counsels, unto this
most Honorable Court, respectfully submit this compromise agreement under the following
terms and conditions:
1. The petitioner and respondent acknowledge that there is a pending nullity of marriage
with custody case pending before the Regional Trial Court Branch 27, of Lapu-lapu
City, entitled Adelson G. Guillarte vs. Glenn Y. Guillarte, civil case no. R-LLP-12-06468-
CV.
2. In the interest of substantial justice and for the best interest of their children, parties
have agreed to forgo any technicalities of law, and proceed to settle a very important
issue on support and custody of their common children, as follows:
a.) The respondent shall give financial support to the children in the amount of
SEVEN THOUSAND PESOS (P7,000.00) every 15 th day of the month by depositing
said amount in the Metrobank Savings Account of petitioner with number
____________________________________.
b.) The amount of support shall have an incremental increase per annum of five (5%)
percent of the present amount of support.
c.) The respondent shall pay to petitioner the support in arrears in the total amount
of FIFTY THOUSAND PESOS (P50,000.00), payable in six (6) equal monthly
installments starting a month after the execution of this agreement.
d.) The custody and care of their children shall be shared by them alternately for
seven (7) days.
e.)The parties agree that each of the them shall be entitled to a seven (7) day exclusive
care and custody for both of their children, provided that after the seventh day, Dr.
Adelson G. Guillarte, being the party having the means of transportation, shall
1
have the right and obligation to pick-up from and deliver the children to Glenn Y.
Guillarte’s residence; provided further that, within said seven (7) day period, the
other party shall have the right to visit the children at the residence of the other
party for three (3) days but without actually removing the children from the
residence of the party in custody, and shall have the right to have constant
communication with their children within the seven (7) day period.
f.) The party in custody shall have the primary obligation to provide food, shelter,
clothes, and allowances. In case of failure on the part of the party in custody to
provide the foregoing, the other party shall advance said support to the children
with the right to demand reimbursement upon presentation of proper receipts.
g.) With respect to other support, such as but not limited to education, the status quo
agreement by parties shall apply;
h.) The party who fails to exercise his/her 3-day visiting rights shall not be entitled to
cumulative visiting rights;
i.) Whenever circumstances would require for both parties to attend to the needs of
their children, such as but not limited to: death, serious illness, accident,
hospitalization, emergency situations, and the like; both of them should exercise
joint physical care and custody over their children.
j.) In cases of school activities and extracurricular activities, as well as celebrations in
connection thereof, both parties have the right to be present and to participate in
said activities/celebration as parents regardless of the seven (7) day period
exercised by either of the parties.
k.) In case of occasions that is considered special by one party and which is to be is
held beyond the 7-day period allotted to him/her, he/she may request the other
party for an extension of his/her 7-day period or to have custody of the children
during that day(s), provided that this shall only be effective with the consent of the
other party and that the proportionate number of day(s) of custody of which the
other party was deprived shall be added to his/her favor; provided further, that
the special occasion or extension shall not be more than seven (7) days without
the express written consent of the other party.
l.) Both parties agree that their children should not be transferred or removed from
the Island of Cebu, Philippines, without the express written consent of the other
party.
3. Failure on the part of a party to comply with the above agreement shall be deemed to
be liable for contempt of court.
4. That the parties, in the spirit of reconciliation and speedy disposition of this case,
hereby accept and agree to the terms and conditions above-mentioned
2
5. That this Compromise Agreement is not contrary to law, morals, and public policy, and
shall be submitted to the Regional Trial Court Branch 27 of Lapu-lapu City for
approval as partial settlement of the nullity and custody case pending with Regional
Trial Court Branch 27, of Lapu-lapu City, entitled Adelson G. Guillarte vs. Glenn Y.
Guillarte, civil case no. R-LLP-12-06468-CV.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that the Honorable Court
approve the foregoing Compromise Agreement and that judgment be rendered on the
above-entitled case in accordance therewith, the aforesaid Compromise Agreement not
being contrary to law, morals, and public policy.
Other relief just and equitable under the circumstances are likewise prayed for.