Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. L-57131 November 29, 1983
ESTELITA GRAVADOR, petitioner,
vs.
HON. JESUS M. ELBINIAS, as Presiding Judge of the Court of First Instance of Bulacan, Branch V, MARIANO MANUEL and GREGORIO ESPIRITU, respondents.
Benjamin H. Aquino for petitioner.
Eustaquio Evangelista for respondent Judge.
Evangelists, Cruz, Perez & Cruz Law Offices for respondents Mariano Manuel and Gregorio Espiritu, Jr.
CONCEPCION, JR., J.:ñé+.£ªwph!1
This is a petition for review on certiorari of the orders issued by the respondent judge on November 7, 1980 and May 14, 1981, in Civil Case No. SM-1081 of the Court of First Instance of Bulacan, entitled: "Mariano Manuel and Gregorio Espiritu, petitioners, versus The Hon. Nicasio V. Bartolome, etc., et al., respondents," which nullified all the proceedings in the Municipal Court of Sta. Maria, Bulacan, including the divisions and writs of execution issued in Civil Case Nos. 337 and 338 of said court, entitled: "Estelita Gravador, plaintiff, versus Mariano Manuel, defendant," and "Estelita Gravador, plaintiff, versus Gregorio Espiritu, defendant," respectively, and dismissed said Civil Case Nos. 337 and 338.
After this case had been submitted for decision, or on August 3, 1983, the parties, assisted by their counsel, submitted a compromise agreement to terminate this case, which reads, as follows: têñ.£îhqwâ£
COMPROMISE AGREEMENT
COME NOW the petitioner and private respondents, assisted by their respective counsel, and to this Honorable Supreme Court respectfully manifest and submit the following Compromise Agreement:
1. That petitioner and private respondents desire to end their long-drawn controversy arising from, and involving, the land in litigation, and to restore their old relations.
2. That for the purpose of achieving peace and termination of this litigation, private respondents are relinquishing the possession of the land subject matter of this case in favor of petitioner, Estelita Gravador, as in fact, private respondents had already vacated the land, and they are recognizing the ownership of said petitioner, including her right of possession, over the same.
3. That petitioner, in turn, and as a manifestation of goodwill to the private respondents, had compensated them for whatever damages, claims or improvements they introduced in the land, to the full satisfaction of said private respondents.
4. That in view of the settlement arrived at by petitioner and private respondents, they agree to file, jointly, with this Honorable Court, a petition in the form of a Compromise Agreement, to render judgment in accordance herewith.
WHEREFORE, petitioner and private respondents respectfully pray that the foregoing Compromise Agreement be approved.
Sta. Maria, Bulacan, August 3, 1983. têñ.£îhqwâ£
(Sgd.) ESTELITA GRAVADOR
Petitioner
Assisted by:
(Sgd.) NELLY M. AQUINO
Counsel for the Petitioner
227 Palanan, Valenzuela
Metro Manila
(Sgd.) MARIANO MANUEL (Sgd.) GREGORIO ESPIRITU
Private Respondent Private Respondent
Assisted by:
(Sgd.) EUSTAQUIO F. EVANGELISTA
Counsel for the Private Respondents
105 Gen. Luna St.
Poblacion, Sta. Maria
Bulacan
WHEREFORE, the above compromise agreement not being contrary to law, morals, and public policy, is hereby APPROVED. Judgment is consequently rendered in accordance therewith and the parties are enjoined to comply with, and abide by, its terms and conditions.
SO ORDERED.1äwphï1.ñët
Makasiar (Chairman), Aquino, Guerrero, Abad Santos, De Castro and Escolin JJ., concur.
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