Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1980 > June 1980 Decisions > G.R. Nos. L-50392 & L-50727 June 16, 1980 - SALVADOR T. TIANGCO, ET AL. v. COURT OF FIRST INSTANCE OF RIZAL (QUEZON CITY) BRANCH IX, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. Nos. L-50392 & L-50727. June 16, 1980.]

SALVADOR T. TIANGCO, FLORENCIO R. PINEDA, ANTONIO G. RAMOS, VIRGILIO E. WITONGCO, JORGE BARRENENGOA, EULALIO F. LEGASPI, JOVITO VALLE and LIONS INTERNATIONAL, Petitioners, v. THE COURT OF FIRST INSTANCE OF RIZAL (QUEZON CITY) BRANCH IX, HON. JOSE R. CASTRO in his capacity as the newly-appointed Judge of the Court of First Instance of Rizal (Quezon City) Branch IX, and DOMINADOR N. VENEGAS, respondents; AMADOR A. AMADOR, JR., Petitioner, v. HON. JOSE P. CASTRO AND ONOFRE A. VILLALUZ, Respondents.


D E C I S I O N


GUERRERO, J.:


Under date of June 13, 1980, a Joint Motion for Judgment on Compromise Agreement was filed by the petitioners and respondents in the above-entitled cases, which reads as follows:jgc:chanrobles.com.ph

"JOINT MOTION FOR JUDGMENT ON

COMPROMISE AGREEMENT

Now come the petitioners and respondents in the above-entitled cases, Assisted by respective counsel and before the Honorable Supreme Court respectfully allege that they have arrived at and agreed to a settlement of their controversy in Civil Case No. Q-25435 entitled ‘Dominador N. Venegas v. Salvador T. Tiangco. Et. Al., CFI of Rizal, Quezon City, Branch IX, which gave rise to and resulted in the above-entitled cases before the Honorable Supreme Court, to wit:chanrob1es virtual 1aw library

1. That the parties have agreed to ask the Honorable Supreme Court to dismiss or order the Hon. Trial Court to dismiss Civil Case No. Q-25435 entitled ‘Dominador N. Venegas v. Salvador T. Tiangco, Et Al., ‘ CFI of Rizal, Quezon City, Branch IX, including all claims, counterclaims and interventions arising from and by reason of said case, and likewise to dismiss the above two said cases on the ground that the same have become moot and academic, which dismissals of Civil Case Q-25435 CFI of Rizal, Quezon City, Branch IX and the said above two cases shall be with prejudice;

2. That the parties have also agreed that the Lions Clubs in District 301-D which have been placed in status quo will reorganize themselves in accordance with the Constitution and By-Laws of Lions International after said clubs shall have withdrawn and or dismissed all cases filed by them, their officers or members against Lions International and/or its representatives, which cases are pending or on appeal in the courts, particularly the following:chanrob1es virtual 1aw library

(1) Civil Case No. Q-25435 entitled "Dominador N. Venegas v. Salvador T. Tiangco, Et Al.," CFI of Rizal, Quezon City, Branch IX, including all claims, counterclaims and interventions arising from and by reason of said case:chanrob1es virtual 1aw library

(2) Civil Case No. 3008 entitled "Librado G. Pamintuan, Et. Al. v. Antonio Ramos, Et Al.," CFI, Angeles, Pampanga, Branch IV:chanrob1es virtual 1aw library

(3) Civil Case No. 287559 entitled "Bernardo C. Nazal, Et. Al. v. Ramos, Et Al.," CFI, Rizal, Quezon City, Branch IV;

(4) Civil Case No. Q-26939 entitled "Raul Arellano v. Antonio Ramos," CFI of Rizal, Quezon City, Branch V;

(5) Civil Case No. Q-26778 entitled "Capitol City Lions Club v. Antonio Ramos," CFI of Rizal, Quezon City, Branch IV-B;

(6) Civil Case No. 7320 entitled "Antonio Ramos v. Roberto L. de Guia, etc., Et Al.," CFI of Rizal, Caloocan, Branch XII;

(7) Civil Case No. C-7642 entitled "Amado A. Amador, Jr. v. Onofre A. Villaluz, Jorge Barrenengoa and Antonio Ramos," CFI of Rizal, Caloocan Branch XII;

(8) Civil Case No. 121729 entitled "Benjamin C. Co. v. Antonio Ramos, Et Al.," CFI of Manila, Branch V.

3. That after the dismissal of the above-entitled cases by the Supreme Court and all other cases pending in the courts as listed above and the reorganizations, the parties have agreed to request Lions International to authorize as soon as possible the holding of elections to choose the District Governor of District 301-D for the fiscal year 1980-81 in accordance with the Constitution and By-Laws of Lions International, and further to recommend that said elections be conducted and supervised by the Council of Governors.

WHEREFORE, it is respectfully prayed that the foregoing Compromise Agreement be approved and judgment be rendered accordingly.

Manila, Philippine.

June 13, 1980.

(SGD.) DOMINADOR N. VENEGAS

(SGD.) EULALIO F. LEGASPI

(SGD.) SALVADOR T. TIANGCO

(SGD.) ANTONIO G. RAMOS

(SGD.) JORGE BARRENENGOA

(SGD.) ONOFRE A. VILLALUZ

(SGD.) AMADO A. AMADOR JR.

(SGD.) FLORENCIO R. PINEDA

(SGD.) VIRGILIO E. WITONGCO

(SGD.) JOVITO VALLE"

LIONS INTERNATIONAL

By: (SGD.) EULALIO F. LEGASPI.

Finding the above-quoted Compromise Agreement to be in order, not contrary to law, public morals or public policy, the same is hereby approved.

The parties are hereby enjoined to comply strictly and in good faith as well as with sincerity and honesty of purpose the terms, conditions and stipulations therein contained.

IN VIEW OF THE FOREGOING, and as prayed for, the two above-entitled cases are hereby dismissed, the same having become moot and academic. This dismissal shall be with prejudice.

Civil Case No. Q-25435 entitled "Dominador N. Venegas v. Salvador T. Tiangco, Et Al.," CFI of Rizal, Quezon City, Branch IX, including all claims, counterclaims and interventions arising from and by reason of said case, is likewise dismissed with prejudice, the same having also become moot and academic.

No costs.

SO ORDERED.

Fernando, C.J., Teehankee, Barredo, Makasiar, Aquino, Concepcion, Jr., Fernandez, Abad Santos and De Castro, JJ., concur.

Melencio-Herrera, J., (On leave).




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