November 1980 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. Nos. 52153 & 52154 November 17, 1980 - KLM ROYAL DUTCH AIRLINES v. COURT OF APPEALS, ET AL.:
SECOND DIVISION
[G.R. Nos. 52153 & 52154. November 17, 1980.]
KLM ROYAL DUTCH AIRLINES, Petitioner-Appellant, v. COURT OF APPEALS, VENANCIO DUARTE and LUZ SILVA-DUARTE, respondents-appellees; KLM ROYAL DUTCH AIRLINES, Petitioner-Appellant, v. COURT OF APPEALS, MODESTO FLORES and MARIA M. QUILINO-FLORES, Respondents-Appellees.
D E C I S I O N
AQUINO, J.:
On October 16, 1980, the parties, assisted by their lawyers, filed the following:jgc:chanrobles.com.ph
"MOTION FOR COMPROMISE JUDGMENT
"COME NOW the private parties, assisted by their respective attorneys, and to this Honorable Court respectfully state that:jgc:chanrobles.com.ph
"1. They have just reached an amicable settlement of their differences in this case.
"2. The petitioner KLM Royal Dutch Airlines has agreed to pay to the Flores spouses in G. R. No. L-52164 the sum of P425,000.00 and to the Duarte spouses in G. R. No. L-52153 the sum of P353,677.74 broken down as follows:chanrob1es virtual 1aw library
P350,000.00
3,515.40 (US $ 465.00)
162.34 (FR 90.00)
————
P353,677.74
————
"3. For and in consideration of the foregoing agreement, the parties hereto hereby release and discharge each other from any and all claims arising out of the causes of action sued upon in the above-entitled cases.
"WHEREFORE, it is respectfully prayed that judgment be rendered in accordance with the foregoing compromise agreement, without costs.
"Makati for Manila, Metro Manila, October 9, 1980.
Assisted by: "KLM ROYAL DUTCH AIRLINES
Petitioner
REYES, SANTAYANA,
TAYAO & PICAZO BY: (Sgd) P. E. Heeswyck
By: P. E. van HEESWYCK
(SGD.) Rafael S. Santayana General Manager Philippines
(Typed) RAFAEL S. SANTAYA
Counsel for the Petitioner
3rd Floor, Zaragoza Building, Gamboa
cor. Trasierra Street
Makati, Metro Manila
— jde —
VENANCIO DUARTE, ET AL., MODESTO FLORES, ET AL.
Respondents Respondents
By (SGD.) (ILLEGIBLE) By (SGD.) (ILLEGIBLE)
Assisted by:chanrob1es virtual 1aw library
FLORES, OCAMPO, DIZON, & DOMINGO
By: (SGD.) Emiliano M. Ocampo
(Typed) EMILIANO M. OCAMPO
Attorneys for the Respondents
Suite 1901, Pacific Bank Bldg.
Ayala Ave., Makati Metro Manila
The motion is granted. The compromise agreement is approved. Judgment is hereby rendered in accordance therewith. The parties are enjoined to comply with the terms of the said agreement. No. costs.
SO ORDERED.
Barredo (Chairman), Concepcion Jr., Abad Santos and De Castro, JJ., concur.
"MOTION FOR COMPROMISE JUDGMENT
"COME NOW the private parties, assisted by their respective attorneys, and to this Honorable Court respectfully state that:jgc:chanrobles.com.ph
"1. They have just reached an amicable settlement of their differences in this case.
"2. The petitioner KLM Royal Dutch Airlines has agreed to pay to the Flores spouses in G. R. No. L-52164 the sum of P425,000.00 and to the Duarte spouses in G. R. No. L-52153 the sum of P353,677.74 broken down as follows:chanrob1es virtual 1aw library
P350,000.00
3,515.40 (US $ 465.00)
162.34 (FR 90.00)
————
P353,677.74
————
"3. For and in consideration of the foregoing agreement, the parties hereto hereby release and discharge each other from any and all claims arising out of the causes of action sued upon in the above-entitled cases.
"WHEREFORE, it is respectfully prayed that judgment be rendered in accordance with the foregoing compromise agreement, without costs.
"Makati for Manila, Metro Manila, October 9, 1980.
Assisted by: "KLM ROYAL DUTCH AIRLINES
Petitioner
REYES, SANTAYANA,
TAYAO & PICAZO BY: (Sgd) P. E. Heeswyck
By: P. E. van HEESWYCK
(SGD.) Rafael S. Santayana General Manager Philippines
(Typed) RAFAEL S. SANTAYA
Counsel for the Petitioner
3rd Floor, Zaragoza Building, Gamboa
cor. Trasierra Street
Makati, Metro Manila
— jde —
VENANCIO DUARTE, ET AL., MODESTO FLORES, ET AL.
Respondents Respondents
By (SGD.) (ILLEGIBLE) By (SGD.) (ILLEGIBLE)
Assisted by:chanrob1es virtual 1aw library
FLORES, OCAMPO, DIZON, & DOMINGO
By: (SGD.) Emiliano M. Ocampo
(Typed) EMILIANO M. OCAMPO
Attorneys for the Respondents
Suite 1901, Pacific Bank Bldg.
Ayala Ave., Makati Metro Manila
The motion is granted. The compromise agreement is approved. Judgment is hereby rendered in accordance therewith. The parties are enjoined to comply with the terms of the said agreement. No. costs.
SO ORDERED.
Barredo (Chairman), Concepcion Jr., Abad Santos and De Castro, JJ., concur.