July 1968 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. L-24990 July 3, 1968 - WILLIAM C. PFLEIDER v. REPUBLIC OF THE PHIL.:
EN BANC
[G.R. No. L-24990. July 3, 1968.]
WILLIAM C. PFLEIDER, Plaintiff-Appellee, v. REPUBLIC OF THE PHILIPPINES (Represented by the Land Authority), ET AL, defendants-appellants, JOSE G. ESPINO, Defendant.
Porfirio C. David for Plaintiff-Appellee.
Eficio B. Acosta for defendant Jose G. Espino.
Solicitor General for Appellant.
SYLLABUS
1. REMEDIAL LAW; JUDGMENT; MAY BE BASED UPON COMPROMISE AGREEMENT. — Where the parties agreed to settle the case through a compromise agreement, judgment may be rendered in accordance therewith after its approval by the Court.
D E C I S I O N
SANCHEZ, J.:
After the briefs were filed and this case submitted for decision, the parties agreed to compromise, and on June 19, 1968 submitted to this Court a compromise agreement which reads:jgc:chanrobles.com.ph
"COMPROMISE AGREEMENT
The parties hereto, assisted by their respective counsel, in compliance with the resolution of this Honorable Court, of May 20, 1968, hereby manifest that they have arrived at the following compromise agreement, to wit:chanrob1es virtual 1aw library
1. That plaintiff-appellee hereby waives all his rights under the decision of the Court of First Instance of Negros Occidental, in Civil Case No. 206, subject of the present appeal, which decision would be rendered unenforceable and without effect upon approval of this Compromise Agreement by this Honorable Tribunal;
2. That in consideration of said waiver, defendants-appellants likewise waive all their rights and interest in the property subject of the present litigation, if any, by virtue of the Deed of Absolute Sale sought to be enforced in this action;
3. That defendants-appellants’ waiver does not in any manner prevent the government, through its proper arm, when conditions, circumstances and factors arise, to acquire the subject property under the terms and conditions of existing legislation for the purpose of subdivision and resale into economic size farm units pursuant to the policy of land reform, viz a viz, to establish owner-cultivatorship and the economic family size as the basis of Philippine agriculture;
WHEREFORE, it is respectfully prayed that the foregoing compromise agreement be approved, and that a decision be rendered in accordance therewith. Manila, Philippines, June —, 1968.
(SGD.) WILLIAM C. PFLEIDER
Plaintiff-Appellee
ASSISTED BY:chanrob1es virtual 1aw library
(SGD.) PORFIRIO C. DAVID
Counsel for Plaintiff-Appellee
318 J.M. Tuazon Bldg.
303 Escolta, Manila
REPUBLIC OF THE PHILIPPINES
(represented by Land Authority)
By:chanrob1es virtual 1aw library
(SGD.) CONRADO ESTRELLA
Governor, Land Authority
ASSISTED BY:chanrob1es virtual 1aw library
ANTONIO P. BARREDO
Solicitor General
(SGD.) ANTONIO A. TORRES
Assistant Solicitor General
(SGD.) RAUL I. GOCO
Solicitor"
WHEREFORE, the foregoing compromise agreement is hereby approved and judgment is hereby rendered in accordance therewith.
No costs.
SO ORDERED.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Angeles and Fernando, JJ., concur.
Castro, J., did not take part.
"COMPROMISE AGREEMENT
The parties hereto, assisted by their respective counsel, in compliance with the resolution of this Honorable Court, of May 20, 1968, hereby manifest that they have arrived at the following compromise agreement, to wit:chanrob1es virtual 1aw library
1. That plaintiff-appellee hereby waives all his rights under the decision of the Court of First Instance of Negros Occidental, in Civil Case No. 206, subject of the present appeal, which decision would be rendered unenforceable and without effect upon approval of this Compromise Agreement by this Honorable Tribunal;
2. That in consideration of said waiver, defendants-appellants likewise waive all their rights and interest in the property subject of the present litigation, if any, by virtue of the Deed of Absolute Sale sought to be enforced in this action;
3. That defendants-appellants’ waiver does not in any manner prevent the government, through its proper arm, when conditions, circumstances and factors arise, to acquire the subject property under the terms and conditions of existing legislation for the purpose of subdivision and resale into economic size farm units pursuant to the policy of land reform, viz a viz, to establish owner-cultivatorship and the economic family size as the basis of Philippine agriculture;
WHEREFORE, it is respectfully prayed that the foregoing compromise agreement be approved, and that a decision be rendered in accordance therewith. Manila, Philippines, June —, 1968.
(SGD.) WILLIAM C. PFLEIDER
Plaintiff-Appellee
ASSISTED BY:chanrob1es virtual 1aw library
(SGD.) PORFIRIO C. DAVID
Counsel for Plaintiff-Appellee
318 J.M. Tuazon Bldg.
303 Escolta, Manila
REPUBLIC OF THE PHILIPPINES
(represented by Land Authority)
By:chanrob1es virtual 1aw library
(SGD.) CONRADO ESTRELLA
Governor, Land Authority
ASSISTED BY:chanrob1es virtual 1aw library
ANTONIO P. BARREDO
Solicitor General
(SGD.) ANTONIO A. TORRES
Assistant Solicitor General
(SGD.) RAUL I. GOCO
Solicitor"
WHEREFORE, the foregoing compromise agreement is hereby approved and judgment is hereby rendered in accordance therewith.
No costs.
SO ORDERED.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Angeles and Fernando, JJ., concur.
Castro, J., did not take part.
