June 1968 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
Philippine Supreme Court Jurisprudence > Year 1968 > June 1968 Decisions >
G.R. No. L-22475 June 28, 1968 - REPUBLIC OF THE PHIL. v. MILAGROS M. VDA. DE GARCIA:
EN BANC
[G.R. No. L-22475. June 28, 1968.]
REPUBLIC OF THE PHILIPPINES, (Represented by the Land Tenure Administration), Plaintiff-Appellant, v. MILAGROS M. VDA. DE GARCIA, Defendant-Appellee.
Besa & Pablo, for Plaintiff-Appellant.
Pedro S. Castillo and Manuel M. Garcia, for Defendant-Appellee.
SYLLABUS
1. REMEDIAL LAW; APPEAL; DISMISSAL OF; COMPROMISE AGREEMENT BETWEEN PARTIES. — Where the parties through their respective counsels filed jointly a motion for the withdrawal of the appeal interposed by plaintiff, and for the remand of the records of the case to the lower court, on the ground that they had entered into a compromise agreement and to which a resolution of the tenants association unanimously approved was attached including a certification of the City Assessor of the City of Davao supporting the reasonableness of the price set in the compromise agreement, the appeal should be dismissed without costs.
R E S O L U T I O N
DIZON, J.:
Before us is a motion filed and signed by both parties, assisted by their respective counsel, asking this court "to grant the withdrawal of the appeal herein interposed by plaintiff and to forthwith remand the records of this case to the Court of First Instance of Davao wherein and whereby the parties herein before said court shall be bound by the terms and conditions of herein compromise agreement." Attached thereto are: as Annex A, a resolution of the Garcia Estate Tenants Association (LIGESAS) unanimously approved by its Board of Directors, and as Annex B, a certification signed by Atty. Nicolas Catiil, City Assessor of the City of Davao, intended to support the reasonableness of the price fixed in the Compromise Agreement for the properties subject matter of this case.
WHEREFORE, in accordance with the aforesaid Compromise Agreement, the present appeal is dismissed, without costs, and the record of this case is remanded below for appropriate proceedings in accordance with the terms and conditions set forth in the aforesaid Compromise Agreement.
Concepcion, C.J., Reyes, J.B.L., Makalintal, Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.
WHEREFORE, in accordance with the aforesaid Compromise Agreement, the present appeal is dismissed, without costs, and the record of this case is remanded below for appropriate proceedings in accordance with the terms and conditions set forth in the aforesaid Compromise Agreement.
Concepcion, C.J., Reyes, J.B.L., Makalintal, Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.
