June 1982 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. 51047 June 19, 1982 - JOVITA GO, ET AL. v. CARIDAD A. TROCINO and COURT OF APPEALS, ET AL.
199 Phil. 607:
199 Phil. 607:
SECOND DIVISION
[G.R. No. 51047. June 19, 1982.]
JOVITA GO, in her own behalf and as Administratrix of the Estate of Go Lian Seng, JAO KIJUA, VIRGINIA GO and WILLIAM GO, Petitioners-Appellants, v. CARIDAD A. TROCINO and COURT OF APPEALS, Respondents-Appellees.
V.L. Legaspi for Petitioners-Appellants.
Caridad A. Trocino for and in her own behalf.
SYNOPSIS
Petitioners-appellants appealed from the decision of the Court of Appeals affirming the lower court’s order directing them to pay respondent-appellee her attorney’s fees equivalent to 15% of the net value of the estate amounting to P205,930.83 During the pendency thereof, the parties submitted a compromise agreement, one agreeing to pay and the other to accept the sum of P15,000.00 as full and complete payment of any and all claims against the estate in the Special Proceedings subject matter of the appeal. In view thereof, the parties asked that the case he considered terminated and satisfied without further pronouncement for costs and attorney’s fees.
The Supreme Court rendered judgment in accordance with the compromise agreement and considered the case closed.
The Supreme Court rendered judgment in accordance with the compromise agreement and considered the case closed.
SYLLABUS
REMEDIAL LAW; CIVIL PROCEDURE; ACTIONS; COMPROMISE AGREEMENT; TERMINATION OF THE CASE BY VIRTUE THEREOF. — Where the parties submit a compromise agreement and ask that the case be considered terminated and satisfied in accordance with the terms agreed upon, judgment is rendered in accordance therewith and the case is considered closed.
D E C I S I O N
AQUINO, J.:
The petitioners appealed from the decision of the Court of Appeals, affirming the order of the Court of First Instance of Cebu in Special Proceeding No. 2703-R, Intestate Estate of Go Lian Seng, which directed Jovita Go, as administratrix, or the heirs to pay lawyer Caridad A. Trocino attorney’s fees equivalent to fifteen percent of the net value of the estate amounting to P205,930.83 (CA-G.R. No. 49699-R, April 17, 1979).
The appeal was given due course. The petitioners filed their brief. The case was submitted for decision without Trocino’s brief.
On May 25, 1982, the parties submitted the following compromise agreement, wherein they prayed that a decision be entered pursuant thereto and that the case be considered terminated:chanrobles virtual lawlibrary
"Come now the Parties and to this Honorable Supreme Court respectfully submit the foregoing agreement to be the basis of decision:jgc:chanrobles.com.ph
"1. That they have agreed as they do hereby agree to compromise the case;
"2. That the Appellee Caridad A. Trocino has accepted as she has accepted and acknowledge receipt of the sum of FIFTEEN THOUSAND PESOS (P1,000.00), as full and complete payment of any and all claims against the Estate of Go Lian Seng and/or any or all of the Appellants in Special Proceedings No. 2703-R of the Court of First Instance of Cebu, subject matter of herein appeal;
"3. That the parties ask that the case be considered terminated and satisfied without further pronouncement for costs or attorney’s fees.
"WHEREFORE: the parties pray that the decision he entered pursuant to the foregoing compromise agreement.
"Cebu City, FOR MANILA, May 12, 1982.
Sgd. Jovita Go Sgd. C. A. Trocino
JOVITO GO CARIDAD A. TROCINO
For the Appellants In her own behalf
as the Appellee
Assisted by:chanrob1es virtual 1aw library
Sgd. V. L. Legaspi
V. L. LEGASPI
Attorney for the Appellants
D.B.P. Bldg., Cebu City"
Judgment is hereby rendered in accordance with the foregoing compromise agreement. This case is considered closed. No costs.
SO ORDERED.
Barredo (Chairman), Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.
Concepcion Jr., J., is on leave.
The appeal was given due course. The petitioners filed their brief. The case was submitted for decision without Trocino’s brief.
On May 25, 1982, the parties submitted the following compromise agreement, wherein they prayed that a decision be entered pursuant thereto and that the case be considered terminated:chanrobles virtual lawlibrary
"Come now the Parties and to this Honorable Supreme Court respectfully submit the foregoing agreement to be the basis of decision:jgc:chanrobles.com.ph
"1. That they have agreed as they do hereby agree to compromise the case;
"2. That the Appellee Caridad A. Trocino has accepted as she has accepted and acknowledge receipt of the sum of FIFTEEN THOUSAND PESOS (P1,000.00), as full and complete payment of any and all claims against the Estate of Go Lian Seng and/or any or all of the Appellants in Special Proceedings No. 2703-R of the Court of First Instance of Cebu, subject matter of herein appeal;
"3. That the parties ask that the case be considered terminated and satisfied without further pronouncement for costs or attorney’s fees.
"WHEREFORE: the parties pray that the decision he entered pursuant to the foregoing compromise agreement.
"Cebu City, FOR MANILA, May 12, 1982.
Sgd. Jovita Go Sgd. C. A. Trocino
JOVITO GO CARIDAD A. TROCINO
For the Appellants In her own behalf
as the Appellee
Assisted by:chanrob1es virtual 1aw library
Sgd. V. L. Legaspi
V. L. LEGASPI
Attorney for the Appellants
D.B.P. Bldg., Cebu City"
Judgment is hereby rendered in accordance with the foregoing compromise agreement. This case is considered closed. No costs.
SO ORDERED.
Barredo (Chairman), Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.
Concepcion Jr., J., is on leave.
