May 1983 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. L-58482 May 30, 1983 - MOTOROLA PHILIPPINES, INC. v. PEDRO JL. BAUTISTA
207 Phil. 535:
207 Phil. 535:
SECOND DIVISION
[G.R. No. L-58482. May 30, 1983.]
MOTOROLA PHILIPPINES, INC., Petitioner, v. HON. PEDRO JL. BAUTISTA, BELLA RAMIREZ joined by her husband SERAFIN P. RAMIREZ, Respondents.
Siguion Reyna, Montecillo & Ongsiako Law Office for Petitioner.
Dimayacyac, Nuyles & Associates for Respondents.
SYLLABUS
1. REMEDIAL LAW; CIVIL PROCEDURE; ACTION; DISMISSAL BASED UPON A COMPROMISE AGREEMENT. — A compromise agreement wherein the parties to a petition for certiorari manifested that they have settled the case amicably, prayed for its approval and the rendition of judgment in accordance with the term, thereof, the same not being contrary to law, public order, public policy, morals or good customs (Article 1306, N.C.C.) was duly approved by the Supreme Court and the petition having become moot and academic dismissed and considered closed.
D E C I S I O N
GUERRERO, J.:
Petitioner Motorola Philippines, Inc., through counsel, has submitted a Manifestation dated April 20, 1983 manifesting "that the case entitled ‘Bella T. Ramirez, Et. Al. v. Motorola Philippines, Inc.’ docketed as Civil Case No. Pq-9256-p before Branch III of the Regional Trial Court of Rizal, Pasay City has been settled amicably by the parties through a Compromise Agreement dated March 26, 1982, copy of which is herewith attached as Annex "A." In view thereof, this instant petition for certiorari which has been filed by petitioner purposely to question the restraining order issued in said case, has become moot and academic."cralaw virtua1aw library
Attached to the Manifestation is a xerox copy of the Compromise Agreement which reads as follows:chanrobles law library
COMPROMISE AGREEMENT
THE PARTIES, assisted by their respective counsels, to this Honorable Court respectfully state:chanrob1es virtual 1aw library
1. After due consideration of the facts and issues involved in the above-entitled case, the parties have arrived at an understanding to have this case settled amicably;
2. The parties hereby withdraw and/or dismiss their claims and counterclaims against each other in the above-entitled case;
3. Said dismissal shall be final and with prejudice; and
4. The parties likewise renounce and waive all their present and future claims and counterclaims against each other in connection with and/or arising from their transaction and/or incident subject-matter of their case which they may have against each other.
PRAYER
WHEREFORE, the parties respectfully pray that the foregoing compromise be approved and that judgment be rendered in accordance with the terms thereof.
Makati, Metro Manila for Pasay City March 26, 1982.
(Sgd.) BELLA RAMIREZ March 26, 1982
MOTOROLA PHILS., INC.
(Sgd.) SERAFIN RAMIREZ By: (Sgd.) Unintelligible
Attested by: Assisted by:chanrob1es virtual 1aw library
(Sgd.) J. VICENTE G. SISON SIGUION REYNA,
Counsel for Plaintiff MONTECILLO
Suite 401, ITC Building & ONGSIAKO
337 Buendia Ave. Ext.
Makati, Metro Manila
(Sgd.) Unintelligible
Counsel for Defendants
5th Floor, A. Soriano Bldg.
Ayala Avenue, Makati, Metro
Manila
(Sgd.) AZARINA SALVACION VICTOR REY SANTOS
PTR No. 7704231 A
January 13, 1982
Makati, Metro Manila
Assisted by:chanrob1es virtual 1aw library
CESARIO R. SALVACION
Counsel for Defendant Azarina Salvacion
2411 Mercurio Street, Sta. Ana
Manila
We find the above Compromise Agreement to be not contrary to law, public order, public policy, morals or good customs. (Article 1306, New Civil Code). Hence, the same is hereby approved. The petition at bar, having become moot and academic should be dismissed and considered closed.
WHEREFORE, IN VIEW OF THE FOREGOING, the instant petition for certiorari is hereby dismissed. No costs.
SO ORDERED.
Makasiar (Chairman), Aquino, Concepcion, Jr, Abad Santos, De Castro and Escolin, JJ., concur.
Attached to the Manifestation is a xerox copy of the Compromise Agreement which reads as follows:chanrobles law library
COMPROMISE AGREEMENT
THE PARTIES, assisted by their respective counsels, to this Honorable Court respectfully state:chanrob1es virtual 1aw library
1. After due consideration of the facts and issues involved in the above-entitled case, the parties have arrived at an understanding to have this case settled amicably;
2. The parties hereby withdraw and/or dismiss their claims and counterclaims against each other in the above-entitled case;
3. Said dismissal shall be final and with prejudice; and
4. The parties likewise renounce and waive all their present and future claims and counterclaims against each other in connection with and/or arising from their transaction and/or incident subject-matter of their case which they may have against each other.
PRAYER
WHEREFORE, the parties respectfully pray that the foregoing compromise be approved and that judgment be rendered in accordance with the terms thereof.
Makati, Metro Manila for Pasay City March 26, 1982.
(Sgd.) BELLA RAMIREZ March 26, 1982
MOTOROLA PHILS., INC.
(Sgd.) SERAFIN RAMIREZ By: (Sgd.) Unintelligible
Attested by: Assisted by:chanrob1es virtual 1aw library
(Sgd.) J. VICENTE G. SISON SIGUION REYNA,
Counsel for Plaintiff MONTECILLO
Suite 401, ITC Building & ONGSIAKO
337 Buendia Ave. Ext.
Makati, Metro Manila
(Sgd.) Unintelligible
Counsel for Defendants
5th Floor, A. Soriano Bldg.
Ayala Avenue, Makati, Metro
Manila
(Sgd.) AZARINA SALVACION VICTOR REY SANTOS
PTR No. 7704231 A
January 13, 1982
Makati, Metro Manila
Assisted by:chanrob1es virtual 1aw library
CESARIO R. SALVACION
Counsel for Defendant Azarina Salvacion
2411 Mercurio Street, Sta. Ana
Manila
We find the above Compromise Agreement to be not contrary to law, public order, public policy, morals or good customs. (Article 1306, New Civil Code). Hence, the same is hereby approved. The petition at bar, having become moot and academic should be dismissed and considered closed.
WHEREFORE, IN VIEW OF THE FOREGOING, the instant petition for certiorari is hereby dismissed. No costs.
SO ORDERED.
Makasiar (Chairman), Aquino, Concepcion, Jr, Abad Santos, De Castro and Escolin, JJ., concur.