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FIRST DIVISION

G.R. No. L-20476 August 1, 1978

IN THE MATTER OF THE INTESTATE ESTATE OF SOFRONIO GO ALCANTARA, deceased. CORNELIA L. CO., petitioner-appellee, vs. MARGARITA TERESITA BALMACEDA, oppositor-appellant, CECILIA P. CO, judicial guardian-appellant, ANG CHIO, appellant, CHU BI, appellant.

R E S O L U T I O N

This is a direct appeal from the decision of the Court of First Instance of Rizal in Special Proceedings No. 2387, entitled "In the Matter of the Intestate Estate of Sofronio Go Alcantara, deceased, filed by Cornelia L. Co, petitioner herein.chanroblesvirtualawlibrarychanrobles virtual law library

On July 19, 1978, a compromise agreement dated May 27, 1978 was filed and submitted by the parties to this Court, which reads as follows:

COMPROMISE AGREEMENT chanrobles virtual law library

COME NOW the parties herein, assisted by their respective counsels, and respectfully submit to this Honorable Supreme Court the following Compromise Agreement: chanrobles virtual law library

WHEREAS, in Sp. Proc. No. 2387 of the Court of First Instance of Rizal, In the Matter of the Intestate Estate of Sofronio Go Alcantara, a Decision was rendered by Judge Gustave Victoriano dated May 31, 1961, whose dispositive portion reads:

..., The Court declares the following as legal heirs of the late Sofronio Go Alcantara. viz: Chu Bi, the surviving wife, Teresita, Ernestine, Ernesto, Felipe, Reynaldo, Araceli, Henry, and Benedict, all surnamed Go, legitimate children of the late Sofronio Go Alcantara with the surviving wife, Chu Bi, Alicia, Conrado, Alfonso, Sofronio, Jr., Minda, Laura, Lucia, Benjamin, Salome, and Santiago, all surnamed Go, children of the late Sofronio Go Alcantara with Ang Chio and Santiago, Robert, Ramon, Cesar, children of the late Sofronio Go Alcantara with his common-law-wife, Cecilia P. Co, these latter children in their capacity as natural children by legal fiction; and Ang Chio and Margarita Balmaceda, pursuant to the decisions of the Supreme Court in the above-mentioned cases of Sy Joc Lieng vs. Sy Quia, Adong vs. Cheong Seng Gee, and Lao vs. Doe Tim.'

WHEREAS, the above-mentioned parties, namely: Chu Bi, and her children, Ang Chio and her children Cecilia P. Co and her children, and Margarita Balmaceda, appealed from the said decision of the Court of First Instance of Rizal to this Honorable Supreme Court where it is docketed as G.R. No. 1,20476, and the parties thru their respective counsels have filed Briefs and Reply Briefs and submitted this case for decision since 1964.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREAS, the minor children mentioned in the CFI decision, who are now all of legal age, are also parties in the pending appeal and their respective mothers have agreed to terminate the appealed case.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREAS, all the parties to this case, out of respect for the memory of the deceased, are desirous of reaching an amicable settlement in order to bring to an end this protracted litigation, and thus restore cordial and harmonious relations among themselves.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREAS, in their mutual desire to reach an amicable settlement Chu Bi, and her children, Ang Chio and her children, and Cecilia P. Co, and her children have now agreed that Margarita Balmaceda should share in the estate provided that it will not exceed the sum of one million pesos (P1,000,000.00); and Margarita Balmaceda in turn has now agreed to accept the said amount as her share in the estate, and to waive and renounce any and whatever right, interest, or participation she may now or hereafter have in any other property or asset of the estate.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREAS, the estate and inheritance taxes in this case have been paid and during the pendency of this proceedings, the properties and assets of the intestate estate of Sofronio Go Alcantara were then under the administration of Cornelia L. Co, and are now under the administration of the Philippine Trust Company.chanroblesvirtualawlibrarychanrobles virtual law library

NOW, THEREFORE, in view of the foregoing premises, the parties herein have agreed, as they do hereby agree, as follows: chanrobles virtual law library

1. They jointly petition this Honorable Supreme Court to affirm the decision of Judge Gustave Victoriano dated May 31, 1961, quoted above, with the sole modification that Margarita 's share in the estate shall not exceed one million pesos (P1,000,000.00); chanrobles virtual law library

2. With the adjudication of said amount to her, Margarita Balmaceda hereby waives and renounces any and whatever right she may now or hereafter have to any other property or asset of the estate; chanrobles virtual law library

3. They jointly petition this Honorable Supreme Court to dismiss their respective appeal without pronouncement as to costs, and to remand the record of this to the Court of First Instance of Rizal for farther proceedings.chanroblesvirtualawlibrarychanrobles virtual law library

4. The P1-million adjudicated to Margarita Balmaceda shall be paid in cash, Philippine currency, to her by the administrator Philippine Trust Company from the proceeds of the administration of the above estate after the dismissal of the appeals and the approval of this Compromise Agreement by this Honorable Supreme Court shall have become final and executory upon entry of judgment thereon.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the parties herein jointly petition this Honorable Supreme Court to approve the above Compromise Agreement and render judgment in accordance therewith. Manila, May 27, 1978.chanroblesvirtualawlibrarychanrobles virtual law library

I. (Sgd.) CHU BI

(Sgd.) TERESITA GO ALCANTARA chanrobles virtual law library

(Sgd.) ERNESTINA GO ALCANTARAchanrobles virtual law library

(Sgd.) ERNESTO Go ALCANTARA

(USA)

(Sgd.) FELIPA Go ALCANTARA

REYNALDO GO ALCANTARA

(DECEASED)

(Sgd) ARACELI GO ALCANTARA chanrobles virtual law library

(Sgd.) HENRY GO ALCANTARA chanrobles virtual law library

(Sgd.) BENEDICT GO ALCANTARA chanrobles virtual law library

Assisted by: chanrobles virtual law library

AMBROSIO PADILLA LAW OFFICES By: chanrobles virtual law library

(Sgd.) AMBROSIO PADILLA

11th Floor, Filcapital Bldgchanrobles virtual law library

Ayala Avenue,chanrobles virtual law library

MakatiMetro Manila

II. (Sgd.) ANG CHIO

(Sgd.) ALICIA GO ALCANTARA chanrobles virtual law library

(Sgd.) CONRADO GO ALCANTARA chanrobles virtual law library

(Sgd.) ALFONSO GO ALCANTARA chanrobles virtual law library

(Sgd.) SOFRONIO GO ALCANTARA, JR.chanroblesvirtualawlibrarychanrobles virtual law library

(Sgd.) MINDA GO ALCANTARA

(USA)

LAWRENCE GO ALCANTARA

(deceased)

(Sgd.) LUCIA GO ALCANTARA chanrobles virtual law library

(Sgd.) BENJAMIN GO ALCANTARA chanrobles virtual law library

(Sgd.) SALOME GO ALCANTARA

Assisted by:

SYCIP, SALAZAR, FELICIANO,
FERNANDEZ & CASTILLO

By: chanrobles virtual law library

(Sgd.) ALBERTO SAN JUANchanrobles virtual law library

PAIC Buildingchanrobles virtual law library

Makati, Metro Manila chanrobles virtual law library

III. (Sgd.) CECILIA P. GO chanrobles virtual law library

(Sgd.) SANTIAGO GO ALCANTARA chanrobles virtual law library

(Sgd.) ROBERT GO ALCANTARA chanrobles virtual law library

(Sgd.) RAMON GO ALCANTARA chanrobles virtual law library

(Sgd.) CESAR GO ALCANTARA chanrobles virtual law library

Assisted by:

(Sgd.) CELSO B. JAMORA

1410 Taft Avenuechanrobles virtual law library

Manila

IV. (Sgd.) MARGARITA TERESITA BALMACEDA

Assisted by:

(Sgd.) LORENZO SUMULONG

Rm. 405 Samanillo Bldg.chanroblesvirtualawlibrarychanrobles virtual law library

Escolta, Manila

CONFORME: chanrobles virtual law library

PHILIPPINE TRUST COMPANYchanrobles virtual law library

Judicial Administrator chanrobles virtual law library

By: chanrobles virtual law library

(Sgd.) ANTONIO M. NUYLESchanrobles virtual law library

Trust Officer

We have carefully examined and scrutinized the Compromise Agreement and we find nothing therein that is contrary to law, public order, public policy and good morals. The above agreement has the acquiescence and consent of an the parties involved in the case and bears their signatures as well as the signatures of all their respective counsels.chanroblesvirtualawlibrarychanrobles virtual law library

ACCORDINGLY, as prayed for, the Compromise Agreement is approved, and judgment is hereby rendered affirming the decision of the lower court dated May 31, 1961 quoted in the above Compromise Agreement, with the sole modification that the share of the appellant Margarita Balmaceda in the estate shall not exceed One Million Pesos (P1,000,000.00).chanroblesvirtualawlibrarychanrobles virtual law library

This resolution is final and immediately executory. The parties are enjoined to adhere strictly to the terms and conditions embodied in the said Compromise Agreement.chanroblesvirtualawlibrarychanrobles virtual law library

No costs.