Philippine Supreme Court Resolutions > Year 2009 > January 2009 Resolutions > [G.R. No. 177346 : January 14, 2009] GUILLERMO PERCIANO V. HEIRS OF PROCOPIO TUMNALI, REPRESENTED BY LYDIA TUMBALI:

Quoted hereunder, for your information, is a resolution of this Court dated 14 January 2009:

G.R. No. 177346 - (Guillermo Perciano v. Heirs of Procopio Tumnali, represented by Lydia Tumbali)



Before acting on the Compromise Agreement dated September 2008, which reads as follows:

COMPROMISE AGREEMENT

The undersigned parties assisted by their respective counsel and to this Honorable Court most respectfully manifest that they have finally settled their herein dispute in the following manner.

1. That petitioner Guillermo Perciano, Jr. acknowledges and recognizes the absolute ownership and right of possession of respondent Lydia Tumbali on that parcel of land involved in this case which is covered by TCT No. T-7236.
   
   
2. That, however, pursuant to their property arrangement, respondent Lydia Tumbali hereby cedes, transfers and conveys as she by these compromise agreement have ceded, transferred and conveyed unto petitioner Guillermo Perciano, Jr. 208 square meters southern portion of the above-mentioned parcel of land.
   
   
3. That respondent Lydia Tumbali shall cause the transfer, at her expense, of the title of the aforementioned 208 square meters southern portion in the name of petitioner Perciano, Jr.
   
   
4. Petitioner shall relocate and transfer his house erected on the said land as soon as the title of the said 208 square meters southern portion of the land is transferred in his name and the owner's duplicate copy of the certificate of title of the land is surrendered and delivered to him.
   
   
5. The parties have waived and renounced their claim for damages in their respective pleadings.

WHEREFORE, it is most respectfully prayed of this Honorable Court to approve the foregoing Compromise Agreement and that a decision be rendered on the basis thereof. ^[1]

respondent Lydia Tumbali is hereby ORDERED to submit, within ten (10) days, her written authority to enter into the Compromise Agreement in behalf of the other respondents, to "acknowledge" and Recognize", and to "cede, transfer and reconvey" to petitioner Guillermo Perciano by way of the. Deed of Reconveyance attached to the Agreement, the 208-square meters southern portion of the property subject of the Agreement.     
 

Endnotes:

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^[1] Id. at 96-97.