Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-46240 September 9, 1977
SPOUSES FELIPE MONTEMAR,
petitioners,
vs.
HONORABLE AMBROSIO GERALDEZ, in his capacity as Presiding Judge of the Court of First Instance of Manila, Branch I; JUAN GUEVARA, in his capacity as Deputy Sheriff of Manila; and VITAR ESTATE DEVELOPMENT CORPORATION, respondents.
Roman C. Cabading for petitioners.
Luis Teodoro for private respondents.
BARREDO, J.:
Petition for certiorari with prayer for the issuance of a writ of preliminary injunction to set aside the orders of respondent court disallowing petitioners' petition to enjoin the execution of the ejectment judgment against them ordered by the City Court of Manila. This Court required respondents to answer and issued the appropriate restraining order on June 16, 1977.
At the hearing on August 12, 1977, upon suggestion of the Court after having clarified the issues between the parties, the parties agreed to enter into an amicable settlement. Under date of August 15, 1977, the parties submitted the following Joint Manifestation:
PARTIES, assisted by their respective counsels, to this Honorable Court respectfully submit the following Agreement:
1. To settle their dispute amicably concerning the leased premises pending before this Tribunal and before the courts below considering that the leased premises become habitable by separate efforts of the parties to repair the premises during the pendency of these cases, the parties hereby agree as they have agreed as follows:
1) The petitioners shall pay the private respondent Vitar Estate Development Corporation the total amount of P4,100.00 representing the rentals withheld (previous payments already deducted) up to August 1977 in accordance with the following schedule:
a) P600.00 shall be paid at the end of August 1977;
b) the balance of P3,500.00 shall be within 90 days from September 1, 1977;
c) all succeeding rentals beginning September 1, 1977 shall all then be updated.
2. ln case the petitioners fail to pay the rentals withheld within the period stipulated, they shall voluntarily vacate the premises or else execution shall issue.
3. All other claims of the parties against each other are hereby waived.
WHEREFORE, premises considered, it is respectfully prayed that the foregoing agreement he approved.
IN VIEW WHEREOF, and it appearing that the compromise agreement thus submitted by the parties is not contrary to law, morals or public order and will definitely terminate the controversy between the parties, the Court approves the same and renders judgment in accordance therewith, enjoining the parties to abide therewith. No costs.
Fernando (Chairman), Antonio, Aquino, Concepcion Jr. and Santos, JJ., concur.
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