ChanRobles Virtual law Library




SUPREME COURT DECISIONS

google search for chanrobles.comSearch for www.chanrobles.com

PLEASE CLICK HERE FOR THE LATEST ➔ SUPREME COURT DECISIONS





www.chanrobles.com

SECOND DIVISION

G.R. No. L-57131 November 29, 1983

ESTELITA GRAVADOR, Petitioner, vs. HON. JESUS M. ELBINIAS, as Presiding Judge of the Court of First Instance of Bulacan, Branch V, MARIANO MANUEL and GREGORIO ESPIRITU, Respondents.

Benjamin H. Aquino for petitioner.chanrobles virtual law library

Eustaquio Evangelista for respondent Judge.chanrobles virtual law library

Evangelists, Cruz, Perez & Cruz Law Offices for respondents Mariano Manuel and Gregorio Espiritu, Jr.

CONCEPCION, JR., J.:

This is a petition for review on certiorari of the orders issued by the respondent judge on November 7, 1980 and May 14, 1981, in Civil Case No. SM-1081 of the Court of First Instance of Bulacan, entitled: "Mariano Manuel and Gregorio Espiritu, petitioners, versus The Hon. Nicasio V. Bartolome, etc., et al., respondents," which nullified all the proceedings in the Municipal Court of Sta. Maria, Bulacan, including the divisions and writs of execution issued in Civil Case Nos. 337 and 338 of said court, entitled: "Estelita Gravador, plaintiff, versus Mariano Manuel, defendant," and "Estelita Gravador, plaintiff, versus Gregorio Espiritu, defendant," respectively, and dismissed said Civil Case Nos. 337 and 338.chanroblesvirtualawlibrarychanrobles virtual law library

After this case had been submitted for decision, or on August 3, 1983, the parties, assisted by their counsel, submitted a compromise agreement to terminate this case, which reads, as follows:

COMPROMISE AGREEMENTchanrobles virtual law library

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

1. That petitioner and private respondents desire to end their long-drawn controversy arising from, and involving, the land in litigation, and to restore their old relations.chanroblesvirtualawlibrary chanrobles virtual law library

2. That for the purpose of achieving peace and termination of this litigation, private respondents are relinquishing the possession of the land subject matter of this case in favor of petitioner, Estelita Gravador, as in fact, private respondents had already vacated the land, and they are recognizing the ownership of said petitioner, including her right of possession, over the same.chanroblesvirtualawlibrary chanrobles virtual law library

3. That petitioner, in turn, and as a manifestation of goodwill to the private respondents, had compensated them for whatever damages, claims or improvements they introduced in the land, to the full satisfaction of said private respondents.chanroblesvirtualawlibrary chanrobles virtual law library

4. That in view of the settlement arrived at by petitioner and private respondents, they agree to file, jointly, with this Honorable Court, a petition in the form of a Compromise Agreement, to render judgment in accordance herewith.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, petitioner and private respondents respectfully pray that the foregoing Compromise Agreement be approved.chanroblesvirtualawlibrary chanrobles virtual law library

Sta. Maria, Bulacan, August 3, 1983.

(Sgd.) ESTELITA GRAVADOR
Petitioner

Assisted by: chanrobles virtual law library

(Sgd.) NELLY M. AQUINO
Counsel for the Petitioner
227 Palanan, Valenzuela
Metro Manila chanrobles virtual law library

(Sgd.) MARIANO MANUEL (Sgd.) GREGORIO ESPIRITU chanrobles virtual law library

Private Respondent Private Respondentchanrobles virtual law library

Assisted by: chanrobles virtual law library

(Sgd.) EUSTAQUIO F. EVANGELISTA
Counsel for the Private Respondents
105 Gen. Luna St.
Poblacion, Sta. Maria
Bulacan

WHEREFORE, the above compromise agreement not being contrary to law, morals, and public policy, is hereby APPROVED. Judgment is consequently rendered in accordance therewith and the parties are enjoined to comply with, and abide by, its terms and conditions.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Makasiar (Chairman), Aquino, Guerrero, Abad Santos, De Castro and Escolin JJ., concur.



























chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com