Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1978 > August 1978 Decisions > G.R. No. L-20476 August 1, 1978 - IN RE: CORNELIA L. CO v. MARGARITA TERESITA BALMACEDA:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-20476. August 1, 1978.]

IN THE MATTER OF THE INTESTATE ESTATE OF SOFRONIO GO ALCANTARA, deceased. CORNELIA L. CO., Petitioner-Appellee, v. MARGARITA TERESITA BALMACEDA, oppositor-appellant, CECILIA P. CO, judicial guardian-appellant, ANG CHIO, appellant, CHU BI, Appellant.

SYNOPSIS


During the pendency of an appeal from the decision of Court of First Instance of Rizal in an intestate proceeding entitled "In the Matter of the Intestate Estate of Sofronio Go Alcantara, deceased," the parties thereto submitted a compromise agreement to the Supreme Court to end their protracted litigation and to restore cordial and harmonious relations among themselves, and prayed that the judgment of the trial court be affirmed as modified by their agreement.

Finding nothing in the agreement to be contrary to law, public order, public policy and good morals, the Supreme Court approved the same and rendered judgment affirming that of the trial court as modified by their agreement.

Judgment made fianl and executory and the parties enjoined to comply strictly with the terms and conditions of the compromise agreement.


SYLLABUS


1. ACTIONS; AMICABLE SETTLEMENT, CASE OF. — If during the pendency of a direct appeal from a decision of the trial court to the Supreme Court the parties thereto assisted by their respective counsels submitted a compromise agreement alleging inter alia that they have amicably settled the protracted litigation among themselves and praying that the judgment of the trial court be affirmed as modified by their agreement, and it appearing that the agreement is not contrary to law, public order, public policy and good morals, as prayed for, the same will be approved and judgment will be rendered affirming the decision of the trial court quoted in the agreement.


R E S O L U T I O N


CASTRO, C.J.:


This is a direct appeal from the decision of the Court of First Instance of Rizal in Special Proceedings No. 2387, entitled "In the Matter of the Intestate Estate of Sofronio Go Alcantara, deceased," filed by Cornelia L. Co, petitioner herein. On July 19, 1978, a compromise agreement dated May 27, 1978 was filed and submitted by the parties to this Court, which reads as follows:jgc:chanrobles.com.ph

"COMPROMISE AGREEMENT

"COME NOW the parties herein, assisted by their respective counsels, and respectfully submit to this Honorable Supreme Court the following Compromise Agreement:jgc:chanrobles.com.ph

"WHEREAS, in Sp. Proc. No. 2387 of the Court of First Instance of Rizal, In the Matter of the Intestate Estate of Sofronio Go Alcantara, a Decision was rendered by Judge Gustavo Victoriano dated May 31, 1961, whose dispositive portion reads:chanrob1es virtual 1aw library

‘. . ., The Court declares the following as legal heirs of the late Sofronio Go Alcantara, viz: Chu Bi the surviving wife, Teresita, Ernestina, Ernesto, Felipe, Reynaldo, Araceli, Henry, and Benedict, all surnamed Go, legitimate children of the late Sofronio Go Alcantara with the surviving wife, Chu Bi; Alicia, Conrado, Alfonso, Sofronio, Jr., Minda, Laura, Lucia, Benjamin, Salome, and Santiago, all surnamed Go, children of the late Sofronio Go Alcantara with Ang Chio; and Santiago, Robert, Ramon, Cesar, children of the late Sofronio Go Alcantara with his common-law-wife, Cecilia P. Co, these latter children in their capacity as natural children by legal fiction; and Ang Chio and Margarita Balmaceda, pursuant to the decisions of the Supreme Court in the above-mentioned cases of Sy Joc Lieng v. Sy Quia, Adong v. Cheong Seng Gee, and Lao v. Dee Tim.’

"WHEREAS, the above mentioned parties, namely: Chu Bi and her children, Ang Chio and her children Cecilia P. Co and her children, and Margarita Balmaceda, appealed from the said decision of the Court of First Instance of Rizal to this Honorable Supreme Court where it is docketed as GR. No. L-20476, and the parties thru their respective counsels have filed Briefs and Reply Briefs and submitted this case for decision since 1964.

"WHEREAS, the minor children mentioned in the CFI decision, who are now all of legal age, are also parties in the pending appeal and their respective mothers have agreed to terminate the appealed case.

"WHEREAS, all the parties to this case, out of respect for the memory of the deceased, are desirous of reaching an amicable settlement in order to bring to an end this protracted litigation, and thus restore cordial and harmonious relations among themselves.

"WHEREAS, in their mutual desire to reach an amicable settlement, Chu Bi and her children. Ang Chio and her children, and Cecilia P. Co, and her children have now agreed that Margarita Balmaceda should share in the estate provided that it will not exceed the sum of one million pesos (P1,000,000.00); and Margarita Balmaceda in turn has now agreed to accept the said amount as her share in the estate, and to waive and renounce any and whatever right, interest, or participation she may now or hereafter have in any other property or asset of the estate.

"WHEREAS, the estate and inheritance taxes in this case have been paid and during the pendency of this proceedings, the properties and assets of the intestate estate of Sofronio Go Alcantara were then under the administration of Cornelia L. Co, and are now under the administration of the Philippine Trust Company.

"NOW, THEREFORE, in view of the foregoing premises, the parties herein have agreed, as they do hereby agree, as follows:chanrob1es virtual 1aw library

1. They jointly petition this Honorable Supreme Court to affirm the decision of Judge Gustavo Victoriano dated May 31, 1961, quoted above, with the sole modification that Margarita Balmaceda’s share in the estate shall not exceed one million pesos (P1,000,000.00);

2. With the adjudication of said amount to her, Margarita Balmaceda hereby waives and renounces any and whatever right she may now or hereafter have to any other property or asset of the estate;

3. They jointly petition this Honorable Supreme Court to dismiss their respective appeals, without pronouncement as to costs, and to remand the record of this case to the Court of First Instance of Rizal for further proceedings;

4. The P1-million adjudicated to Margarita Balmaceda shall be paid in cash, Philippine currency, to her by the administrator Philippine Trust Company from the proceeds of the administration of the above estate after the dismissal of the appeals and the approval of this Compromise Agreement by this Honorable Supreme Court shall have become final and executory upon entry of judgment thereon.

"WHEREFORE, the parties herein jointly petition this Honorable Supreme Court to approve the above Compromise Agreement and render judgment in accordance therewith.

Manila, May 27, 1978.

I. (Sgd.) CHU BI

(Sgd.) TERESITA GO ALCANTARA.

(Sgd.) ERNESTINA GO ALCANTARA.

(Sgd.) ERNESTO GO ALCANTARA

(USA)

(Sgd.) FELIPA GO ALCANTARA

REYNALDO GO ALCANTARA

(Deceased)

(Sgd.) ARACELI GO ALCANTARA

(Sgd.) HENRY GO ALCANTARA

(Sgd.) BENEDICT GO ALCANTARA

Assisted by:chanrob1es virtual 1aw library

AMBROSIO PADILLA LAW OFFICES

By:chanrob1es virtual 1aw library

(Sgd.) AMBROSIO PADILLA

11th Floor, Filcapital Bldg.

Ayala Avenue, Makati

Metro Manila

II. (Sgd.) ANG CHIO

(Sgd.) ALICIA GO ALCANTARA

(Sgd.) CONRADO GO ALCANTARA

(Sgd.) ALFONSO GO ALCANTARA

(Sgd.) SOFRONIO GO ALCANTARA, JR.

(Sgd.) MINDA GO ALCANTARA

(USA)

LAWRENCE GO ALCANTARA

(deceased)

(Sgd.) LUCIA GO ALCANTARA

(Sgd) BENJAMIN GO ALCANTARA

(Sgd.) SALOME GO ALCANTARA

Assisted by:chanrob1es virtual 1aw library

SYCIP, SALAZAR, FELICIANO,

FERNANDEZ & CASTILLO

By:chanrob1es virtual 1aw library

(Sgd.) ALBERTO SAN JUAN

PAIC Building

Makati Metro Manila

III. (Sgd.) CECILIA P. GO

(Sgd.) SANTIAGO GO ALCANTARA

(Sgd.) ROBERT GO ALCANTARA

(Sgd.) RAMON GO ALCANTARA

(Sgd.) CESAR GO ALCANTARA

Assisted by:chanrob1es virtual 1aw library

(Sgd.) CELSO B. JAMORA

1410 Taft Avenue

Manila

IV. (Sgd.) MARGARITA TERESITA BALMACEDA

Assisted by:chanrob1es virtual 1aw library

(Sgd.) LORENZO SUMULONG

Rm. 405 Samanillo Bldg.

Escolta, Manila

CONFORME:chanrob1es virtual 1aw library

PHILIPPINE TRUST COMPANY

Judicial Administrator

By:chanrob1es virtual 1aw library

(Sgd.) ANTONIO M. NUYLES

Trust Officer"

We have carefully examined and scrutinized the Compromise Agreement and we find nothing therein that is contrary to law, public order, public policy and good morals. The above agreement has the acquiescence and consent of all the parties involved in the case and bears their signatures as well as the signatures of all their respective counsels.chanrobles law library : red

ACCORDINGLY, as prayed for, the Compromise Agreement is approved, and judgment is hereby rendered affirming the decision of the lower court dated May 31, 1961 quoted in the above Compromise Agreement, with the sole modification that the share of the appellant Margarita Balmaceda in the estate shall not exceed One Million Pesos (P1,000,000.00).

This resolution is final and immediately executory. The parties are enjoined to adhere strictly to the terms and conditions embodied in the said Compromise Agreement.

No costs.

Teehankee, Makasiar, Fernandez and Guerrero, JJ., concur.

Muñoz Palma, J., took no part.




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