Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-33141 July 6, 1973
SARBRO & COMPANY, INC., plaintiff-appellee,
vs.
BRIGIDA VILLANUEVA VDA. DE GARCHITORENA, and THE REGISTER OF DEEDS OF THE PROVINCE OF COTABATO, defendants, BRIGIDA VILLANUEVA VDA. DE GARCHITORENA, deceased, now substituted by DR. SENEN L. R. ASUAN in his capacity as Administrator of her Estate, defendant-appellant.
San Juan, Africa Gonzales and San Agustin for plaintiff-appellee.
Baizas, Alberto and Associates for defendant-appellant.
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".
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, BAIZAS, ALBERTO
GONZALES & SAN AGUSTIN & ASSOCIATES
By: By:
(illegible) (illegible)
Counsel for Plaintiff-appellee Counsel for Defendant
4th Floor. Traders appellant Senen L.R. Asuan
Commercial Bank Bldg.
Aduana, Intramuros
Manila
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
ESTATE OF BRIGIDA V. SARBRO & CO., INC.
VDA. DE GARCHITORENA
BY: BY:
(SGD) DR. SENEN (SGD) MR. PABLO S.
L.R. ASUAN SARMIENTO
Administrator President
Signed in the presence of: (illegible)
(illegible) — — — — — — —
— — — — — — —
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF RIZAL ) SS
MUNICIPALITY OF MAKATI )
BEFORE ME a Notary Public for and in the Province of personally came and appeared:
NAME RES. CERT. NO. DATE/PLACE OF ISSUE
SENEN L.R. A - 205213 Jan. 20/72 - Manila
ASUAN as Administrator
of the Estate of the B - 900479 Mar. 28/72 - Manila
deceased Brigida V.
Vda. de Garchitorena
PABLO S. SARMIENTO A-3717806 Jan. 10/72 -
President of: Makati
Rizal
SARBRO & CO., INC. C-1703 May 22/72 -
Makati
Rizal
known to me and to me known to be the same persons who executed the foregoing Compromise Agreement consisting of three (3) pages, including this page on which the acknowledgment is written duly signed by the parties and their instrumental witnesses on each page, and who acknowledge to me that the same is their free and voluntary act and deed and that of the entities they represent.
WITNESS MY HAND AND NOTARIAL SEAL this 21 day of August, 1972 at Makati, Rizal, Philippines.
(Sgd.) illegible
NOTARY PUBLIC
Until December 31,1972
PTR. No.
Issued at
On
Doc No. 439
Page No 68
Book No. I;
Series of 1972.
The said compromise agreement had been previously approved by the trial court in its order of June 20, 1973, which is attached to the motion as Annex "B". The order reads as follows:
PUBLIC OF THE PHILIPPINE
COURT OF FIRST INSTANCE OF MANILA
BRANCH II
IN THE MATTER OF THE
INTESTATE ESTATE OF
BRIGIDA GARCHITORENA
SP. PROC. No. 76765
MARIANO GARCHITORENA,
JR. and CHRISTINA
GARCHITORENA
Petitioners.
O R D E R
Acting on the MOTION TO APPROVE COMPROMISE AGREEMENT dated, September 11, 1972, filed by the Administrator, thru counsel, which the Court finds to be justifiable, the same is granted and the attached COMPROMISE AGREEMENT dated August 21, 1972, signed by Dr. Senen L. R. Asuan Administrator of the estate of Brigida V. Vda. de Garchitorena, and Mr. Pablo S. Sarmiento, President of the Sarbro & Co., Inc., hereby approved.
SO ORDERED.
Manila, Philippines, June 20, 1973.
(Sgd.) LORENZO RELOVA
Judge
Finding the said compromise agreement in order and not contrary to law, the same is hereby approved and both parties are enjoined to strictly comply with the terms and condition thereof.
Pursuant to said motion, the Register of Deeds of the Province of Cotabato shall accept and give due course to the registration of the "Deed of Absolute Sale with Mortgage" (Exhibit "F" in Civil Case No. 1849 of the Court of First Instance of Cotabato), executed by the deceased, Mariano Garchitorena, on September 16, 1961, in favor of plaintiff-appellee, Sarbro & Co., Inc., relative to the land covered by Transfer Certificate of Title No. T-5214.
WHEREFORE, the appeal of the deceased, Brigida Villanueva Vda. de Garchitorena substituted by the Administrator of the Estate, Dr. Senen L. R. Asuan, and that of the Register of Deeds of the Province of Cotabato, are dismissed and the Register of Deeds of the Province of Cotabato is hereby directed to register the said Deed of Absolute Sale with Mortgage, Exhibit "F". No costs.
Makalintal, Actg. C.J., Zaldivar, Castro, Teehankee, Barredo, Makasiar and Antonio, JJ., concur.
The Lawphil Project - Arellano Law Foundation
|
