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[G.R. No. 146492.June 27, 2001]

SYBICO vs. ABILLA

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 27 2001.

G.R. No. 146492(Napoleon Sybico, petitioner, vs. Ronaldo P. Abilla, respondent.)

This is a petition for review on certiorari under Rule 45 of the decision of the Court of Appeals dated August 3, 2000 in CA-G.R. CV No. 56900 nullifying the deed of absolute sale executed between herein respondent's predecessors-in-interest and petitioner.

While Comment on the petition was pending submission, the parties, through their respective counsels, manifested their intention to settle the case amicably. On June 4, 2001, a Compromise Agreement was executed between the parties. The present Motion, filed on June 7, 2001, seeks the Court's approval of the said Compromise Agreement, reproduced below:

KNOW ALL MEN BY THESE PRESENTS:

This Compromise Agreement entered into in Dumaguete City this 4th day of June 2001 by and between:

RONALDO P. ABILLA, of legal age, Filipino, married, a resident of 22 Nathan Road, White Plains Subd., Quezon City, hereafter referred to as the FIRST PARTY

and

NAPOLEON SYBICO, also of legal age, Filipino, widower, a resident of Dumaguete City, hereafter referred to as the SECOND PARTY

WITNESSETH

WHEREAS, the FIRST PARTY is the plaintiff in Civil Case No. 5645 before the Regional Trial Court of Dumaguete City, Branch 45 and NAPOLEON SYBICO is the principal defendant in the said case, together with his spouse Bella Dy, Diego Esplago and Mrs. Diego Esplago, which the trial court decided on 26 January 1996 in the following manner:

Wherefore, foregoing premises considered, judgment is hereby rendered:

1) Declaring that the "Deed of Sale" (Exhibits "A" and "A-1" as null and void ab initio, hence of no force and effect;

2) Declaring that Transfer Certificate of Title No. T 15810 issued in favor of Napoleon Sybico, married to Bella Dy, as null and void and is ordered cancelled;

3) Ordering the Register of Deeds of Negros Oriental and/or Bais City, to issue a new certificate of title over Lot 197 of the Bais City Cadastre in the name of Ronaldo Abilla, Filipino, married to Gerarda Dizon of legal age, and resident of 22 Nathan, White Plains, Quezon City, Metro Manila;

4) Ordering the defendants jointly and severally to pay the plaintiff, actual damages of P10,000.00; P10,000.00 as moral damages; the sum of P300.00 with interest at 12% per annum as reasonable monthly rentals to be paid by the defendants Sybicos to the plaintiffs, from June 1, 1973 until the possession of Lot No. 197 is restored to the plaintiff; and

5) Ordering plaintiff to reimburse defendants Napoleon and Bella Sybico the sum of P42,764.29 with 12% interest per annum from June 1, 1993.

WHEREAS, the aforesaid decision is now on appeal to the Supreme Court in G.R. No. 146492 after the Court of Appeals affirmed the same;

WHEREAS, the PARTIES earnestly desire to reach an amicable and early resolution of their aforesaid legal dispute involving the property covered by TCT No. 15810 of the Registry of Deeds of Negros Oriental;

NOW, THEREFORE, the foregoing premises in mind, the PARTIES hereby declare and agree that:

1. The SECOND PARTY hereby forever waives all his claims and interests on the property covered by Transfer Certificate of Title No. 15810 of the Registry of Deeds for Negros Oriental which is also the subject of the decision rendered by the Regional Trial Court of Dumaguete City, Branch 45 in Civil Case No. 5645 on 29 January 1996. As a consequence hereof, the SECOND PARTY hereby concedes and agrees to the execution of paragraphs 1, 2 and 3 of the dispositive portion of the decision in Civil Case No. 5645, thereby leading to the cancellation of TCT No. 15810 and the issuance in lieu thereof, of a new transfer certificate of title in the name of the FIRST PARTY, married to Gerarda Dizon.

2. The SECOND PARTY hereby forever waives his claim against the FIRST PARTY with respect to the payment by the latter of the sum of P42,764.29 with 12% interest per annum from 1 June 1993, as decreed in the decision of the trial court in Civil Case No. 5645. On the other hand, the FIRST PARTY hereby forever waives his claim against the SECOND PARTY with respect to the payment by the latter of "actual damages of P10,000.00; P 10,000.00 as moral damages; the sum of P300.00 with interest at 12% per annum as reasonable monthly rentals to be paid by the defendants Sybicos to the plaintiffs, from June 1, 1973 until the possession of Lot No. 197 is restored to the plaintiff", as stated in No. 4 of the dispositive portion of the aforequoted judgment, and, consequently, hereby forever relieves the SECOND PARTY of any and all obligations relative thereto.

3. The SECOND PARTY shall, at his own expense, immediately cause the cancellation of any and all liens, encumbrances, and adverse claims on TCT No. 15810.

4. In consideration of all the foregoing declarations of the SECOND PARTY, the FIRST PARTY agrees to pay the former the sum of PESOS TWO MILLION FIVE HUNDRED THOUSAND (P2,500,000.00) in the following manner:

a) The sum of P 1,500,000.00 upon the signing of this agreement and the motion submitting this Compromise Agreement for the approval of the Supreme Court;

b) The balance of P 1,000,000.00 within one (1) year after the execution of this agreement, provided, that the property is first cleared of any and all structures presently standing thereon at the expense of the SECOND PARTY; provided further, that if for any reason the SECOND PARTY is unable to comply with the said undertaking within one (1) year, the FIRST PARTY shall pay to the SECOND PARTY a portion of said balance in the sum of P800,000.00, thereby retaining P200,000.00, to be used and spent by the FIRST PARTY to clear the property of its present structures, which responsibility he shall assume; and provided, finally, that any unused and unspent portion thereof shall be remitted by the FIRST PARTY to the SECOND PARTY.

c) The SECOND PARTY agrees that he shall vacate the premises immediately upon the signing hereof, and that a writ of execution and demolition be issued against him, his heirs, assigns, agents, representatives and lessees for the purpose of effecting the immediate clearing of any and all structures presently standing thereon.

5. The PARTIES hereby undertake to faithfully comply with all their obligations under this Compromise Agreement.

IN WITNESS WHEREOF, the PARTIES have affixed their respective signatures hereunder.

(SGD.) RONALDO P. ABILLA(SGD). NAPOLEON SYBICO

First Party                                                        Second Parrty"1 Rollo, pp. 101-104.

IN VIEW THEREOF, the Motion to Approve Compromise Agreement is hereby GRANTED.

Very truly yours,

VIRGINIA ANCHETA-SORIANO
Clerk of Court

(Sgd.) ENRIQUETA-ESGUERRA-VIDAL

Asst. Clerk of Court


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