Tenchavez v. Mining

DIZON, J.:

On April 14, 1967, the parties in the above-entitled case filed a joint petition for judgment in accordance with the Compromise Agreement thereto attached, of the following tenor: WHEREAS, there is now pending before the Supreme Court a Case docketed as G.R. No. L-26153 and the parties therein are: GUALBERTO TENCHAVEZ as plaintiff-appellant, and ATLAS CONSOLIDATED MINING AND DEVELOPMENT CORPORATION, MINDANAO MOTHER LODE MINES, INC., MANUEL LIM, JAMES E. NORTON, JOSE TIONG SEN BEN, MARCELO P. KARAAN, ESCOLASTICO CRUZ, S. Z. MISA, CARLOS GUIDOTTI, SEBASTIAN UGARTE, GERRY URBINA, JESUS URBINA, JR., PILAR URBINA, JOSE TRILLO, MERCEDES URBINA, PILAR G. URBINA, ALVARO PASTOR, JR., and REFRAIN C. PELAEZ as defendants-appellants: WHEREAS, the parties in the above-mentioned case have agreed, to settle the disputes and claims being litigated in the case under the following terms and conditions, to wit: 1.

In consideration of the sum of ONE HUNDRED THOUSAND PESOS (P100,000.00) Philippine Currency, receipt of which is hereby acknowledged by Gualberto Tenchavez (hereinafter referred to as "TENCHAVEZ") as full and complete payment, settlement and discharge of any and all claims and causes of action of TENCHAVEZ involved or being litigated in G.R. No. L-26153 and of any and all claims and causes of action of whatsoever kind and nature that TENCHAVEZ had, now has or could or might have against Atlas Consolidated Mining & Development Corporation (hereinafter referred to as "ATLAS"), Mindanao Mother Lode Mines, Inc., Manuel Lim, James E. Norton, Jose Tiong Sen Ben, Marcelo P. Karaan, Jesus Urbina, Jr., Pilar G. Urbina, Alvaro Pastor, Jr., Escolastico Cruz, S. Z. Misa, Carlos Guidotti, Sebastian Ugarte, Gerry Urbina, Pilar Urbina, Jose Trillo, Mercedes Urbina and Efrain C. Pelaez, TENCHAVEZ hereby relinquishes and waives any and all rights arising out of the award in Civil Case No. R-4848 of the Court of First Instance of Cebu entitled "Gualberto Tenchavez vs. Atlas Consolidated Mining and Development Corporation, et al.' 2.

TENCHAVEZ relinquishes and waives in favor of ATLAS any and all interests, claims and rights that TENCHAVEZ, if any, has or could or might have in the properties and assets of Toledo Mining Co., Inc., a defunct corporation, including but not limited to the mineral claims listed in Annex "A" hereof and the parcels of land listed in Annex "B" hereof, which are in the possession of and now belong or pertain exclusively to ATLAS.

3. The aforementioned case has caused TENCHAVEZ the alienation from him of the love and affection of the other members of his family and of his friends, because of certain accusations which TENCHAVEZ made against them and he hopes that with the dismissal of the complaint and the appeal in said case, the whole accident will be forgotten. 4.

TENCHAVEZ hereby acknowledges, confirms and ratifies the validity of (a) the dissolution of Toledo Mining Co., Inc. on June 30, 1953, and the distribution of its assets on December 11, 1953, among Manuel Lim, Jose Tiong Sen Ben, James E. Norton, Sebastian Ugarte, Carlos Guidotti, Marcelo P. Karaan, Jesus Urbina, Escolastico Cruz and S.Z. Misa; (b) the transfer and conveyance of such assets to Mindanao Mother Lode Mines, Inc.; and (c) the subsequent transfer and conveyance of those assets to ATLAS. 5. TENCHAVEZ now acknowledges, admits and confirms that he did not and does not have any interest, claim or right of whatsoever kind and nature on any of the properties previously or presently possessed, owned and/or operated by ATLAS and on any of the income and profits received, to be received, and/or pertaining to ATLAS.

6. ATLAS, Mindanao Mother Lode Mines, Inc., Manuel Lim, James E. Norton, Jose Tiong Sen Ben, Marcelo P. Karaan, Escolastico Cruz, S. Z. Misa, Carlos Guidotti, Sebastian Ugarte, Gerry Urbina, Jesus Urbina, Jr., Pilar Urbina, Jose Trillo, Mercedes Urbina, Pilar G. Urbina, Efrain C. Pelaez and Alvaro Pastor, Jr. declare and confirm that all claims and causes of action which they have, could or might have against TENCHAVEZ have been and hereby are fully discharged, waived, cancelled and declared null and void.1äwphï1.ñët 7. It is expressly understood by the parties herein that this Compromise Agreement novates and supersedes the judgment rendered by the Court of First Instance of Cebu in Civil Case No. 4848 of that court entitled "Gualberto Tenchavez vs. Atlas Consolidated Mining and Development Corporation, et al."

8. The parties, herein agree and undertake to file with the Supreme Court a joint petition for the approval of this Compromise Agreement. 9.

The parties herein will bear their respective attorney's fees and costs of the proceedings before the Court of First Instance and Supreme Court. IN WITNESS WHEREOF, the parties on their own behalf and by their duly authorized attorneys have signed this Compromise Agreement on this 12 th day of April 1967, at Makati, Rizal, Philippines. (SGD.) GUALBERTO TENCHAVEZ ATTYS.

ERNESTO T. MORALEZ, DOMINGO QUIBRANZA, ELIAS MENDOZA, FILEMON BARRIA and ISABELO BINAMIRA By (SGD.) not legible Counsel for Gualberto Tenchavez ATLAS CONSOLIDATED MINING & DEVELOPMENT CORPORATION By: not legible With My Marital Consent: (SGD.) ELENA S. TENCHAVEZ (Wife of Gualberto Tenchavez) PONCE ENRILE, SIGUION REYNA, MONTECILLO & BELO By: Attorneys for Atlas Consolidated Mining and Development Corporation, et al. 5th Floor, Soriano Building Ayala Avenue, Makati, Rizal IN THE PRESENCE OF: not legible