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Republic of the Philippines
SUPREME COURT

FIRST DIVISION

G.R. No. L-35680 December 29, 1975

CONRADO MANDAP, Petitioner, vs. THE HON. COURT OF APPEALS and MANUEL SABADO, Respondents.

Oseas A. Martin, Bureau of Agrarian Legal Assistance for petitioner.chanrobles virtual law library

Poblador, Nazareno, Azada, Tomacruz and Paredes for private respondent.

ESGUERRA, J.:

This is a petition for review on certiorari of the decision of the Court of Appeals affirming that of the Court of Agrarian Relations, ordering the dispossession of petitioner Conrado Mandap, or any person claiming to possess under him, of the landholding in question, consisting of three hectares situated at Barrio San Rafael, Municipality of Macabebe, Province of Pampanga and allowing respondent Manuel Sabado to personally cultivate the same after paying to the petitioner the amount of P3,000.00 as disturbance compensation.chanroblesvirtualawlibrarychanrobles virtual law library

After this case had been submitted for decision on October 1, 1973, the petitioner assisted by the Bureau of Agrarian Legal Assistance, and the respondent submitted a compromise agreement to terminate this case, which reads as follows:

COMPROMISE AGREEMENT

COME NOW the Parties assisted by their respective counsel, and to this Honorable Supreme Court respectfully submit the following Compromise Agreement:chanrobles virtual law library

1. Petitioner Conrado Mandap and private respondent Manuel Sabado stipulate that the landholding in question is agricultural containing an area of 3.6360 hectares, more or less, covered by TCT No. 64656-R of the Register of Deeds of Pampanga and situated in Barrio San Rafael, Municipality of Macabebe, Province of Pampanga.chanroblesvirtualawlibrarychanrobles virtual law library

2. Petitioner agrees that private respondent retains ownership of the aforementioned landholding in question.chanroblesvirtualawlibrarychanrobles virtual law library

3. In turn, private respondent agrees that petitioner remains the agricultural lessee of the landholding in question.chanroblesvirtualawlibrarychanrobles virtual law library

4. Petitioner agrees to pay the private respondent the following rental every agricultural year beginning the date of this Agreement:

a) Seventy (70) cavans of rice on the principal first crop; andchanrobles virtual law library

b) 25%, of the harvest on the "latak" second crop, if there is harvest.

WHEREFORE, it is respectfully prayed that the foregoing Compromise Agreement be approved and a decision be rendered in accordance with its terms and conditions.chanroblesvirtualawlibrarychanrobles virtual law library

Manila, December 3, 1975.
S/ CONRADO MANDAP S/MANUEL SABADO
T CONRADO MANDAP T/MANUEL SABADO
Petitioner Private Respondent.

Assisted by:

BUREAU OF AGRARIAN POBLADOR, NAZARENO, AZADA,
LEGAL ASSISTANCE TOMACRUZ & PAREDES
Dept. of Agrarian Reforms 575 Atlanta, Port Area, Manila
PTA Building
Diliman, Quezon City.chanroblesvirtualawlibrarychanrobles virtual law library

By By:chanrobles virtual law library

S/OSEAS A. MARTIN S/MANUEL SABADO
T/OSEAS A .MARTIN T/MANUEL SABADO
Trial Attorney Counsel for Private Respondent
PTR No. 1397, Jan. 3, 1975, Mla.

VERIFICATION

MANUEL SABADO and CONRADO MANDAP, both of legal age, and respectively residents of 38 11th Avenue, Cubao, Quezon City and San Rafael, Macabebe, Pampanga after having been duly sworn to in accordance with law, hereby depose and state:chanrobles virtual law library

1. That they are the private respondent and petitioner, respectively, in the above-entitled case;chanrobles virtual law library

2. That they caused the preparation of and have read the foregoing Compromise Agreement;chanrobles virtual law library

3. That the allegations contained therein were translated into Pampanga to petitioner Conrado Mandap; andchanrobles virtual law library

4. That all the allegations contained therein are true and correct to the best of their own knowledge.

S/MANUEL SABADO
T/MANUEL SABADOchanrobles virtual law library

S/CONRADO MANDAP
T/CONRADO MANDAP

SUBSCRIBED AND SWORN to before me this 8 day of December 1975 at Manila, Philippines, affiants exhibiting to me their respective Res. Certs. No. A-13757 issued at Manila on January 3, 1975 and A-8070809 issued at Masantol, Pampanga on Feb. 25, 1975.

S/ILLEGIBLE
Notary Public
Until December 31, 1975

WHEREFORE, the above Compromise Agreement is hereby approved. Judgment is hereby rendered in accordance therewith and the parties are hereby enjoined to comply with, and abide by, its terms and conditions.

Teehankee (Actg. Chairman), Makasiar, Muñoz Palma and Martin, JJ., concur.



























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