Philippine Supreme Court Resolutions > Year 2007 > February 2007 Resolutions > [G.R. No. 171522 : February 26, 2007] CITY GOVERNMENT OF PASIG, REPRESENTED BY HONORABLE VICENTE P. EUSEBIO, IN HIS CAPACITY AS THE CITY MAYOR OF PASIG V. SPS. ANASTACIO DELOS REYES AND PAZ DELOS REYES REPRESENTED BY VICTORINO A. DELOS REYES, IN HIS CAPACITY AS ATTORNEY-IN-FACT:

Quoted hereunder, for your information is a resolution of the Third Division of this Court dated 26 FEBRUARY 2007

G.R. No. 171522 (CITY GOVERNMENT OF PASIG, represented by HONORABLE VICENTE P. EUSEBIO, in his capacity as the City Mayor of Pasig v. SPS. ANASTACIO DELOS REYES AND PAZ DELOS REYES represented by VICTORINO A. DELOS REYES, in his capacity as Attorney-in-Fact)

RESOLUTION

Before Us is a Joint Motion^[1] To Approve Compromise Agreement with Motion to withdraw petition. The Compromise Agreement, entered into by Petitioner City Government of Pasig, represented by Hon. Vicente P. Eusebio and respondent Sps. Anastacio Delos Reyes and Paz Delos Reyes, represented by Victorio A. Delos Reyes, assisted by their respective counsels, states that:

COMPROMISE AGREEMENT

Plaintiff-Appellant CITY OF PASIG, duly represented herein by its City of Mayor, Hon. Vicente P. Eusebio, and Defendant-Appellee SPOUSES ANASTACIO DELOS REYES and PAZ DELOS REYES, duly represented in this case by their Attorney-In-Fact, VICTORIO A. DELOS REYES, as per Special Power of Attorney duly notarized by Atty. Lucila M. Lawas-Yutok and entered in her notarial registry as Doc. No. 11, Page No. 3, Book No. LXIV Series of 1996, unto this Honorable Court, most respectfully aver that the said parties have reached a Compromise Agreement in the above-entitled case as hereunder executed and herein submitted for consideration and approval of this Honorable Court, as follows:

1. Plaintiff offered to the Defendant, and the Defendant accepted, the amount of Two Hundred Eighty Six Thousand Pesos (P286,000.00), Philippine currency, as the reasonable amount of complete and full satisfaction of the claim as and by way just compensation for the conversion of the subject Lot 21-I (covered by Transfer Certificate of Title No. 32826) into a public road parcel of land with an area of One Thousand Five Hundred Seventy Four (1,574) Square Meters registered in the name of defendant Spouses Anastacio delos Reyes and Paz. Delos Reyes. Said amount includes the agreed P50,000.00 as and by way of Attorney's fees;
   
2. In recognition of the right of the Defendant to be immediately compensated and paid Two Hundred Eighty Six Thousand Pesos (P286,000.00) as and by way of just compensation and Attorney's Fees and in order to avoid protracted court litigation, the plaintiff and the Defendant both agreed that the property shall be transferred by way of Deed of Absolute Sale to the Plaintiff for and in consideration of the payment by Plaintiff to the Defendant representing the agreed price of P236,000.00 plus the P50,000.00 in Attorney's Fees;
   
3. In connection with the foregoing, the defendant SPOUSES ANASTACIO DELOS REYES and PAZ DELOS REYES have authorized VICTORIO A. DELOS REYES, to sign and execute all necessary documents for the sale of subject parcel of land covered by TCT No. 32826 as per Special Power of Attorney, hereto attached and marked as Annex "A";
   
4. That it has been agreed by the parties hereto that upon receipt from this Honorable Court of the Judgment on Compromise Agreement, the Defendant shall deliver the owner's copy of TCT No. 32826 with the corresponding Deed of Absolute Sale duly signed by Defendant Spouses Anastacio and Paz delos Reyes as duly represented by their Attorney In Fact VICTORIO A. DELOS REYES and the plaintiff CITY OF PASIG shall pay unto said defendant the amount of Two Hundred Eighty Six Thousand Pesos (P286,000.00) Philippine Currency, less the amount of Capital Gains Tax, Documentary Stamp Tax, Registration Fee in the Office of the Registrar of Deeds and any other fees and charges for the registration of the document, if any, which are to be shouldered by and paid for the account of Defendant;
   
5. It is also understood that Plaintiff City of Pasig shall be responsible for the registration of the document with the Office of the Register of Deeds;
   
6. The parties believe that subject Compromise Agreement is not contrary to law, public order and/or public policy;
   
7. That this Compromise Agreement is executed with the intention to prevent protracted court litigation and in the interest of justice and fair play, to facilitate immediate disposition of above-entitled case.
   

x x x x

CITY OF PASIG	SPOUSES ANASTACIO DELOS
Plaintiff	REYES AND PAZ DELOS REYES
Duly represented	Defendant
By:	By:
(sgd.)	(sgd.)
VICENTED P. EUSEBIO	VICTORIO A. DELOS REYES
City Mayor	Attorney-in-Fact

ASSISTED BY:

(sgd.)	(sgd.)
CARLOS C. ABESAMIS	REYNATO M. DIRECTO
Counsel for the Plaintiff-Appellant	Counsel for Defendant-Appellee
PTR No. 0924577, Jan. 3, 2006	PTR No. 2579296, Jan. 2, 2006
Pasig City	IBP No. 664852, Jan. 2,2006
IBP No. 662223, Dec. 13, 2005	Roll of Attorneys No. 31235
Rizal	Unit 412 Cityland Shaw Tower
Roll of Attorney No. 43288	Shaw Boulevard Mandaluyong City
5th Floor, City Hall Bldg. Pasig City

	(sgd.)
	Pablo P. Magno
	Counsel for Defendant-Appellee
	PTR No. MO856797, Jan. 11, 2006 Mand.
	IBP No. LRN-02686 Mla. II
	Unit 412 Cityland Shaw Tower[2]

Finding the above-quoted Compromise Agreement to be in order and not contrary to law, public morals and public policy, the same is hereby APPROVED. Accordingly, judgment is hereby rendered in conformity with and embodying the terms and conditions mentioned in the above-quoted Compromise Agreement. The parties are hereby enjoined to comply strictly in good faith, as well as with sincerity and honesty of purpose, with the terms, conditions and stipulations therein contained.

The Motion to Dismiss Petition based on Compromise Agreement is GRANTED.

Endnotes:

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^[1] Rollo, pp. 55-56.

^[2] Id. at 57-59.