Sarbro & Company v. Garchitorena

ESGUERRA, J.:

This case was certified for decision by the Court of Appeal through the latter's resolution of January 12, 1971, for reason that only questions of law are involved. It was accepted by this Court through its resolution of February 8, 1971 docketed as G.R. No. L-33141. Thereupon the case submitted for decision.

On June 29, 1973, both parties through their respective counsel, San Juan, Africa, Gonzales & San Agustin, for plaintiff-appellee, and Baizas Alberto & Associates, for defendant-appellant, Brigida Villanueva Vda. de Garchitorena deceased, substituted by Dr. Senen L. R. Asuan Administrator of her Estate, submitted a "JOINT MOTION FOR APPROVAL OF COMPROMISE AGREEMENT", dated June 28,1973, the compromise agreement attached thereto as Annex "A", which motion with the compromise agreement reads as follows: "JOINT MOTION FOR APPROVAL OF COMPROMISE AGREEMENT COME NOW the plaintiff-appellee and defendant-appellee Senen L. R. Asuan, in his capacity as administrator of the Estate Brigida Villanueva Vda. de Garchitorena, through their respective undersigned counsel, and to this Honorable Court most respectfully state: 1.

That on August 21, 1972, they have signed and executed a Compromise Agreement which finally settles the controversy subject-matter of the above-entitled case; subject, however, to the approval of the agreement by the Court of First Instance which has jurisdiction over the Estate of the late Brigida Villanueva Vda. de Garchitorena under Special Proceedings No. 76765; copy of the said Compromise Agreement is hereto attached as Annex "A" an integral part hereof.

2. That the Court of First Instance of Manila, in Special Proceedings No. 76765 has approved the Compromise Agreement (Annex "A" hereof) in an Order dated June 20 1973, copy of which is hereto attached as Annex "B"

and made an integral part hereof; 3. That as a consequence of the Compromise Agreement wherein the Estate of Brigida Villanueva Vda. de Garchitorena relinquished and abandoned its claim over the parcel of land covered by TCT No. 5214 in favor of herein plaintiff-appellee, there is no more obstacle to the registration of the registration of the Deed of Sale with Mortgage, Exhibit "F".

WHEREFORE, it is most respectfully prayed that judgment be rendered in accordance with the terms of the Compromise Agreement (Annex "A" hereof) and, further, that the Register of Deeds of Cotabato be ordered to accept and give due course to the registration of the Deed of Sale with Mortgage, Exhibit "F".ℒαwρhi৷ The parties further pray for such other relief which this Honorable Court may deem just and equitable under the premises. Manila, Philippines, June 28,1973.

SAN JUAN, AFRICA, GONZALES & SAN AGUSTIN BAIZAS, ALBERTO & ASSOCIATES By: By: (illegible) (illegible) " Counsel for the Plaintiff-appelle 4th floor, raders Commercial Bank Bldg. Aduana, INtramuros, Manila Counsel for Defendant appellant Senen L.R. Asuan ANNEX "A"

COMPROMISE AGREEMENT This Compromise Agreement entered into by and between - The ESTATE OF THE LATE BRIGIDA V. VDA. DE GARCHITORENA here represented by the duly appointed Court administrator DR. SENEN L.R. ASUAN, Filipino of legal age, and resident of No. 1912 NDC Compound, Sta.

Mesa, Manila, hereinafter referred to as the CLAIMANT; and SARBRO & CO., INC., a domestic corporation duly organized and existing under and by virtue of the laws of the Philippines, with principal office at Sarmiento Building II, Pasong Tamo Ext., Makati, Rizal, here represented by its President MR. PABLO S. SARMIENTO, also Filipino, of legal age, and with post office address at Sarmiento Bldg. II, Pasong Tamo Ext., Makati, Rizal, hereinafter referred to as the COMPANY.

W I T N E S S E T H WHEREAS, the CLAIMANT is the defendant-appellant and the COMPANY the plaintiff-appellee, in Case No. G.R. No. L-33141 of the Supreme Court entitled "Sarbro & Co., Inc., plaintiff-appellee versus Brigida Villanueva Vda. de Garchitorena et al., defendants-appellants', which is an appeal from the decision of the Court of First Instance of Cotabato in Civil Case No. 1849; WHEREAS, the CLAIMANT and the COMPANY have agreed to settle the case amicably; NOW, THEREFORE, for and in consideration of the foregoing premises and the terms and conditions following hereunder, the parties hereto agree: 1. That in consideration of the sum of TEN THOUSAND (P10.000.00) PESOS, Philippine Currency, in hand paid by the COMPANY to the CLAIMANT, receipt whereof in full is hereby acknowledged by the CLAIMANT, the CLAIMANT hereby QUITCLAIMS, RELINQUISHES, ABANDONS and over to the COMPANY all and whatever claims it may have over the of the parcel of land subject-matter of the case aforementioned covered by Transfer Certificate of Title No. 5214, and more particularly described as follows, to wit: TRANSFER CERTIFICATE OF TITLE No. T-5214 A parcel of land with buildings and improvements thereon, situated in the Barrio of Panay, Municipality of Parang; Bounded on the N. and NE.

by the Polloc-Amadeo Trail; on the SE. by Public Land and Sangay Creek; on the W. by properties of the Heirs of Alejandro Garcia and Fructuoso Soro; and on the NW. by properties of Tomas Torres and Filoteo Ventura and the Banasila Creek.

Beginning at a point marked "1" on the plan, being S. 41 deg. 46' W., 395.26 m.

from underline of the Water Tank. Parang, thence S. 80 deg. 47'E., 72.05 m.

to point "2"; thence N. 84 deg. 43'E., 121.47 m. to point "3"; thence S. 85 deg.

05'E., 134.82 m. to point "4"; thence S. 24 deg. 03'E. 424.26 m.

to point "5"; thence S. 44 deg. 42. 'E., 265.04 point "6".

thence S. 61 deg. 18'W., 2088-62 m. to point "7"; thence N. 3 deg.

34'W., 267.50 m. to point "8"; thence N. 4 deg. 4 757.65 m.

to point "9"; thence N. 62 deg. 41'E., 1239.0 6 point of beginning. Containing an area of ONE MILLION FIVE HUNDRED AND EIGHTEEN THOUSAND FIVE HUNDRED AND THIRTY ONE SQUARE METERS (1,518,531) more or less.

All points referred to are indicated on the plan and on ground points "1" to "4" are marked by cement monuments points "5", and "6"

and "9" by posts, point "7" by a stone monument and "8"

by a hub; bearing true, declination 2 deg. 14'E; date of survey, December 16, to 22. 1913."

to the COMPANY, its successors and assigns, in perpetuity; 2. That the CLAIMANT hereby binds itself to execute and the necessary papers, documents, and/or court pleadings toward the end that the above-entitled case may be finally terminated with awaiting the Supreme Court's adjudication on the merits thereof; 3. The COMPANY waives the costs which Brigida V. Vda.

de Garchitorena was ordered to pay to it under the decision of the Court of First Instance of Cotabato subject of the aforesaid appeal; 4. It is expressly understood that this Compromise Agreement shall be submitted and subject to the approval of the Court of First Instance of Manila in Spec. Proc.

No. 76765 entitled "Intestate Estate of the late Brigida V. Vda. de Garchitorena. IN WITNESS WHEREOF, the parties have signed presents this 21st day of August, 1972 at Makati, Rizal, Philippines ᇈWᑭHIL ESTATE OF BRIGIDA V. VDA.

DE GARCHITORENA SARBRO & CO., INC. BY: BY: (Sgd) DR. SENEN L.R. ASUAN Administrator (SGD) MR.

PABLO S. SARMIENTO President Signed in the presence of: (illegible)