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SECOND DIVISION

G.R. No. L-60121 October 29, 1982

CARLOS PO and TEE SEE, Petitioners, vs. EMETERIO YU, representing the Heirs of YU TIONG, ONG OH, ANITA ABELLANOSA, PATROCINIO YU and COURT OF APPEALS, Respondents.

AQUINO, J.:

The petitioners appealed from the decision of the Court of Appeals dated April 10, 1981, setting aside the order of the Court of First Instance of Cebu dated February 28, 1979, remanding two ejectment cases to the city court of Cebu City for further proceedings, and affirming the judgment of the city court (Yu vs. Po, CA-G. R. No. SP-09263).chanroblesvirtualawlibrary chanrobles virtual law library

In this Court's resolution of August 16, 1982, the respondents were required to comment on the petition for review.chanroblesvirtualawlibrary chanrobles virtual law library

On September 24, 1982 the parties mailed to this Court their compromise agreement dated September 8, 1982 with a motion for its approval. The agreement is quoted below: chanrobles virtual law library

COMPROMISE AGREEMENT

COME NOW the parties in this case, represented by their respective counsel, and to this Honorable Court, most respectfully submit the following Compromise Agreement: chanrobles virtual law library

1. That the private respondents will withdraw and move for the dismissal of Civil Case No. R-18680 of the City Court of Cebu as well as Civil Case No. R-18679; chanrobles virtual law library

2. That the petitioners in turn will withdraw and move, as they hereby withdraw and move for the dimissal of their petition for review which they filed with this Honorable Court; chanrobles virtual law library

3. That the parties agree that the petitioners Tee See, and Carlos Po, represented by TLP Appliances, through its officer-incharge, Eduarde Po, will pay rentals to private respondents of P4,500.00 per month per unit or per store space for two (2) years beginning July, 1982 up to June, 1984; for two units or stcre spaces, P9,000.00 per month plus P500.00 per month for the one-half (1/2) bodega space located at Manalili Street, Cebu City; or a total of P9,500.00/month; chanrobles virtual law library

4. That after the expiration of said period and the said petitioners continue to occupy the leased premises, the rental shall automatically be increased by 10% for the next two-year period; chanrobles virtual law library

5. That after the expiration of the next two-year period and the petitiorers still desire to occupy the leased premises, then they may do so upon such terms and conditions that they may agree with the private respondents; chanrobles virtual law library

6. That the herein petitioners who at-e required to pay their rentals to herein private respondents shall pay their rentals to the following: Patrocinio Yu, 25%; Anita zkbellanosa, 25% and Ong Oh, 50%; chanrobles virtual law library

7. That all minor repairs and expenses for the improvement or renovation of the rented premises shall be for the account of the petitioners including the day to day repair or ordinary wear and tear of the rented premises. However, major repairs of damages like the ones occasioned by calamities like earthquakes. heavy floods, which make the place unfit for business purposes shall be for the account of the respondent; chanrobles virtual law library

8. Petitioners may not sublease their rented premises without the consent of the respondents: chanrobles virtual law library

9. That they will pay to the private respondents upon the signing of this agreement the sum of P2,000.00 as earnest money to be applied to the rentals for September, 1982; chanrobles virtual law library

10. That the Compromise Agreement is without prejudice to the outcome of other cases pending between the parties before the other courts involving the leased premises.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, premises considered this Honorable Court is most respectfully prayed to approve this Compromise Agreement and dismiss the instance petition on the basis thereof.chanroblesvirtualawlibrary chanrobles virtual law library

Cebu City, (for Manila), September 8, 1982.chanroblesvirtualawlibrary chanrobles virtual law library

TLP APPLIANCES PATROCINIOYU chanrobles virtual law library

Manalili Street chanrobles virtual law library

Cebu City chanrobles virtual law library

By:

(Sgd.) Anita Abellanosa chanrobles virtual law library

(Typed) ANITA ABELLANOSA

(Sgd.) Illegible (Sgd.) Ong Oh chanrobles virtual law library

(Typed) EDUARDO PO (Typed ONG OH chanrobles virtual law library

Officer-in-Charge (In representation of chanrobles virtual law library

Tee See and Carlos Po) chanrobles virtual law library

ASSISTED BY: ASSISTED BY: chanrobles virtual law library

(Sgd.) Illegible (Sgd.) Illegible chanrobles virtual law library

(Typed) PABLO P. GARCIA (Typed) FRANCIS ZOSAchanrobles virtual law library

Counse for the Petitioners Counsel for respondents

WHEREFORE, the compromise agreement is approved and judgment is rendered in accordance therewith. This case is dismissed and considered closed. No costs.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.