Philippine Supreme Court Resolutions > Year 2010 > February 2010 Resolutions > [G.R. Nos. 181562-63 : February 15, 2010] SPOUSES CIRIACO ANIL ARMINDA ORTEGA V. CEBU CITY); AND G.R. NOS. 181583-84 (CITY OF CEBU V. SPOUSES CIRIACO AND ARMINDA ORTEGA :

Quoted hereunder, for your information,  is a resolution of this Court dated  15 February 2010:

G.R. Nos. 181562-63 (Spouses Ciriaco anil Arminda Ortega v. Cebu City); and G.R. Nos.  181583-84 (City of Cebu  v. Spouses Ciriaco and Arminda Ortega). - On October 2, 2009, we promulgated a Decision in the consolidated cases filed by Spouses Ciriaco and Arminda Ortega and City of Cebu, respectively docketed as G.R. Nos. 181562-63 and G.R. "Nos. 181583-84. The separate petitions assailed the decision of the Court of Appeals (CA) in the likewise consolidated petitions for certiorari filed by the same parties, docketed as CA-G.R. SP No. 80187 and CA-G.R. SP No. 00147, respectively. We denied both petitions and affirmed the decision of the CA. We specifically ruled that the City of Cebu can no longer withdraw from the expropriation case and that the determination of just compensation is a judicial prerogative. In all, we ruled that the Order of Expropriation and the Order fixing just compensation had long been final and executory, and can no longer be modified. Apparently unaware of the Decision in G.R. Nos. 181562-63 and G.R. Nos. 181583-84, the parties filed a Motion to Approve Compromise Agreement on October 29, 2009. The Compromise Agreement, in pertinent part, provides:

1. That, the Sangguniang Panlungsod of the City of Cebu shall pass the appropriate Resolution/Ordinance authorizing the Cebu City- Mayor,  TOMAS R. OSME�A, lo enter into a  Compromise Agreement with the Spouses Ciriaco and Arminda Ortega. represented by their Attorney in Fact, Mlellany O. Quibranza, for the settlement of the case originally docketed as CEB-16577;
   
   
2. That the Sangguniang Panlungsod of Cebu City, will pass  an Ordinance appropriating the sum of TWENTY EIGHT MILLION FIVE HUNDRED THOUSAND PESOS (P28,500,000.00);
   
   
3. That the [CITY OF CEBU] shall pay and the [SPOUSES ORTEGA] shall accept the sum of TWENTY EIGHT MILLION FIVE HUNDRED THOUSAND PESOS (P28,500,000.00) as the final settlement, in the afore-stated case/petitions, inclusive of all interests;
   
   
4. Likewise, upon receipt of payment the [CITY OF CEBU and the SPOUSES ORTEGA] shall execute and File before the Honorable Supreme Court a document denominated as Satisfaction of Judgment, for its consideration and approval;
   
   
5. That, upon (payment of  the amount agreed, the [SPOUSES ORTEGA] shall execute and sign a Deed of Sale, in favor of the [CITY OF CEBU];
   
   
6. That the [SPOUSES ORTEGA] waives any and all claims For payment of interests. That it shall be understood that the sum of TWENTY,EIGHT MILLION FIVE HUNDRED THOUSAND PESOS (P28,500,000.00) shall be considered as fall and final payment for the properly sought to be expropriated.^[1]

The compromise agreement was notarized on September 10, 2009. before the promulgation of our Decision.

The expropriation case is already in its execution stage, and it: is the court of origin that is tasked with the implementation of the Orders which have become final and executory. In order to facilitate the termination and closure of this case, we refer the pending Motion to Approve Compromise Agreement to the court of origin, the Regional Trial Court, Branch 23, Cebu City, in Civil Case No. CEB-16577, for proper disposition.

WHEREFORE, the Motion to Approve Compromise Agreement filed by the City of Cebu and the Spouses Ciriaco and Arminda Ortega is REFERRED to the REGIONAL TRIAL COURT, Branch 23, Cebu City, for appropriate action.

SO ORDERED.

WITNESS the Honorable Presbitero J. Velasco, Jr., Chairperson, Hon. Antonio Eduardo B. Nachura, Hon. Diosdado M. Peralta, Hon. Martin S. Villarama, Jr. (designated member per Raffle dated 20 November 2009 pursuant to Amended Rules under A.M. No. 99-8-09-SC), and Hon. Jose C. Mendoza (designated member per Memorandum dated 05 January 2010, pursuant to Amended Rules under A.M. No. 99-8-09-SC), Members, Special Third Division, this 15^th day of February 2010.