May 1970 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-27344 May 28, 1970 - MAXIMA B. ARCOS, ET AL. v. JULIAN ARDALES:
EN BANC
[G.R. No. L-27344. May 28, 1970.]
MAXIMA B. ARCOS and JUAN ARCOS assisted by their Attorney-in-fact ESPERANZA ARCOS VDA. DE OLUYA, Petitioners-Appellants, v. JULIAN ARDALES, Respondent-Appellee.
Madrid Law Office for Petitioners-Appellants.
Alberto A. Reyes for Respondent-Appellee.
SYLLABUS
1. REMEDIAL LAW; APPEALS; DISMISSAL OF APPEAL BY REASON OF AMICABLE SETTLEMENT; CASE AT BAR. — Where in a motion to dismiss appeal, subscribed before a clerk of the Court of First Instance and signed by the respondent appellee, it is stated: that the parties thereto were able to iron out their differences amicably to the satisfaction of all parties concerned; that the respondent appellee had long left or otherwise vacated the landholding in question voluntarily; and that he has no desire or interest in asserting any other right over the landholding involved herein, the appeal must be dismissed, conformably to the said motion to dismiss appeal.
R E S O L U T I O N
FERNANDO, J.:
In this appeal on questions of law from a lower court order of dismissal of June 5, 1965, petitioners-appellants filed a motion to dismiss appeal dated May 5, 1965. This motion reads as follows:" [Petitioners-appellants] together with [respondent-appellee], to the Hon. Supreme Court, respectfully allege: 1. That in accordance with the Order promulgated on Jan. 12, 1967, by the Special Division of the Hon. Court of Appeals, the records of this case was ordered forwarded to the Hon. Supreme Court; 2. That while this case and some other allied cases were pending, in court, the parties hereto were able to iron out their differences amicably to the satisfaction of all parties concerned; 3. That as a matter of fact, the respondent-appellee herein had long left or otherwise vacated the landholding in question voluntarily and now living at Castilla, Cumadcad, Sorsogon, where he is acting presently as tenant of Mr. Santiago Babasa. He has no desire or interest in asserting any other right over the landholding involved herein; [Wherefore], it is respectfully prayed that the herein appeal before the Hon. Supreme Court be considered as withdrawn or otherwise dismissed due to the grounds herein alleged." The signature of respondent-appellee Julian Ardales appears in such motion. It was subscribed before the Clerk of the Court of First Instance of Albay.
WHEREFORE, conformably to the above motion to dismiss appeal, the appeal is hereby dismissed. Without costs.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Teehankee, Barredo and Villamor, JJ., concur.
Castro, J., is on leave.
WHEREFORE, conformably to the above motion to dismiss appeal, the appeal is hereby dismissed. Without costs.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Teehankee, Barredo and Villamor, JJ., concur.
Castro, J., is on leave.
