SECOND DIVISION
[G.R. No. 140049. August 1, 2000]
NICOLAS B. GARCIA, petitioner, vs. COURT OF APPEALS and
ROGER R. SAN LUIS, respondents.
D E C I S I O N
DE LEON, JR., J.:
On July 30, 1997,
private respondent Roger R. San Luis, claiming to be the owner of parcel of
land, with an area of 49,998 square meters, described in Original Certificate
of Title (OCT) No. M-4289 of the Registry of Deeds of Rizal and located in
Barangay Sampaloc, Tanay, Rizal, filed a complaint for forcible entry against
petitioner Nicolas Garcia before the Municipal Trial Court (MTC) of Tanay,
Rizal, docketed as Civil Case No. 1117.
On November 20,
1997, the MTC of Tanay rendered its decision in favor of the plaintiff and
against the defendant (petitioner herein), the dispositive portion of which
reads:
WHEREFORE,
judgment is hereby rendered:
1. Ordering the
defendant and all persons claiming rights under him to immediately vacate the
subject property and surrender possession thereof to plaintiff [private
respondent herein];
2. Ordering the
defendant to pay the plaintiff:
a.....P5,000.00 as monthly rental
for the use if the property from March 1997 until he and all persons claiming
rights under him shall have vacated the same;
b.....P30,000.00 as attorney's
fees;
c.....Cost
of suit.
SO ORDERED.[1]
In order to stay
the immediate execution of the decision, petitioner perfected an appeal
therefrom to the Regional Trial Court (RTC) of Morong, Rizal, Branch 80, and
posted a supersedeas bond for the payment of rents, damages and costs from the
time of the rendition of the said decision. Petitioner also periodically
deposited with the said RTC rentals for the use and occupancy of the subject
property during the pendency of the appeal.
In its decision
dated May 8, 1998 in Civil Case No. 973-M entitled: "Roger S. San
Luis v. Nicolas B. Garcia," the RTC of Morong, Rizal,
affirmed the decision of the MTC. Petitioner filed a motion for reconsideration
but it was denied by the RTC.
Petitioner then
further elevated the matter to the Court of Appeals by means of a petition for
review. The appellate court, however, denied the petition and affirmed the
decision of the RTC; and subsequently it also denied the motion for
reconsideration filed by petitioner.
On October 4, 1999,
petitioner filed with this Court a petition denominated as a petition for certiorari
under Rule 45 assailing the decision of the Court of Appeals and seeking
reversal thereof. On October 7, 1999, petitioner filed a supplemental petition.
In the Resolution dated October 13, 1999, the First Division of this Court
ordered private respondent to comment on the petition and granted petitioner's
prayer for a temporary restraining order to enjoin enforcement of the Writ of
Execution dated September 27, 1999 and Notice to Vacate dated September 28,
1999 issued in Civil Case No. 973-M.[2]
On April 28, 2000,
the parties filed a Joint Motion for Approval of and Judgment on Compromise
Agreement, manifesting, among others, that:
6.....Instead
of seeking further, remedies under the law to enforce their respective claims
over the subject property, the parties have decided to meet half way and
conclude a compromise agreement wherein their opposing interests will be
threshed out and finally settled.
7.....That
settlement is now embodied in a duly executed Memorandum of Agreement x x x.
8.....Accordingly,
in view of the foregoing development, justice and equity dictate that any money
deposited by the petitioner for purposes of the stay of execution, in the form
of supersedeas bond and the monthly rentals be ordered released to the
petitioner, allowing him and/or any of his representative to withdraw and duly
receive the same.[3]
The said Memorandum
of Agreement, dated April 24, 2000, submitted by the parties for approval by
this Court reads as follows:
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY
THESE PRESENTS:
This Memorandum of
Agreement entered into this April 24, 2000 by and between:
TERESITA A.
AQUINO, MINERVA A. GALVEZ, JERRY J. PARCIA, NICOLAS B. GARCIA, FERNANDO M.
NAPAY, JULIET P. PAGNAS, EDMUNDO C. PARCIA, BONIFACIO G. VILLANUEVA, TEOFILO
DAVID, JR., of legal age, Filipino,
residing at Brgy. Sampaloc, Tanay, Rizal (hereinafter referred to as the party
of the "FIRST PART");
- and -
ROGER R. SAN
LUIS, ISABELO R. SAN LUIS, THELMA R. SAN LUIS, LINDA S. JACINTO, of legal age, Filipino and residing at 27 Atis St.,
Valle Verde I, Pasig City and SANENT REALTY & DEV'T CORPORATION, a
domestic corporation organized and existing in accordance with Philippine laws,
with office at 202 B Cedar Mansion, Amber Avenue, Ortigas Center, Pasig City,
herein represented by its President, ROGER R. SAN LUIS (hereinafter,
called the party of the "SECOND PART");
WITNESSETH, THAT:
WHEREAS, the
parties are presently embroiled in various legal disputes concerning certain
parcels of land located at Sitio Mayagay, Brgy. Sampaloc, Tanay, Rizal;
WHEREAS, the
parties now realize that it would be to their mutual interest and advantage to
put an end to their various disputes and, thus avoid a protracted litigation
between them.
NOW, THEREFORE,
for and in consideration of the foregoing premises and of the following
stipulations and covenants, the parties hereto agree as follows:
1. The party of
the FIRST PART hereby waives and renounces any and all its rights in
favor of the party of the SECOND PART, its assigns and
successors-in-interest, over the following parcels of land to wit: Lot 19-A
covered by Transfer Certificate of Title No. M-88877; Lot 19-B covered by
Transfer Certificate of Title No. M-88878; Lot 28-A covered by Transfer
Certificate of Title No. M-88874; Lot 28-B covered by Transfer Certificate of
Title No. M-82248; the remainder of Lot 28C covered by Transfer Certificate of
Title No. M-88880; the remainder of Lot 28-D covered by Transfer Certificate of
Title No. M-88879; Lot 29-A covered by Transfer Certificate of Title No.
M-88884; and the remainder of Lot 29-D covered by Transfer Certificate of Title
No. M-88883.
1.1 Within fifteen
(15) days from the signing of this Agreement, the party of the FIRST PART
shall cause and/or effect the cancellation of any and all notices of lis
pendens, adverse claim and other similar annotations, which it had
caused to be annotated on the respective titles of the above-enumerated
properties
2.....The
party of the FIRST PART waives and transfers ownership and possession in
favor of the party of the SECOND PART, its assigns and
successors-in-interest, free from any deed or restrictions whatsoever, an area
consisting of TEN THOUSAND FIVE HUNDRED AND TWO (10,502) SQUARE METERS, more or
less, of Lot 18-B designated as lot 5 of the consolidation/subdivision as Annex
"A" of this Agreement, which parcel of land was awarded to the party
of the FIRST PART by the Department of Agrarian Reform by virtue of a
final resolution/decision, a copy of which is hereto attached as Annex
"B" of this Agreement.
3. By reason of
the aforementioned waiver, the party of the FIRST PART hereby agrees to
the cancellation and nullification of any certificates, awards, rights,
co-ownership shares and interests over the properties mentioned in paragraphs 1
and 2 hereof, issued in their name, heirs, assigns and successors-in-interest,
including but not limited to Original Certificate of Title Nos. M-00541;
M-00555; and M-00554 of the Registry of Deeds of Rizal.
4. Within fifteen
(15) days from the signing of this Agreement, the party of the FIRST PART
shall execute whatever necessary deeds of conveyance and/or compromise
agreement for the approval of the court in favor of the party of the SECOND
PART to effect the transfer of the properties and/or portions of the
properties enumerated in paragraphs 1 and 2 hereof and to carry out the
provisions of this Agreement.
5. The party of
the FIRST PART shall deliver, turn over and surrender unto the party of
the SECOND PART all titles, papers, documents, plans and certificates
necessary to carry out the letter and spirit of this Agreement, and to effect
faithful compliance with the parties' respective obligations in favor of the
other.
6. The party of
the FIRST PART does hereby peaceably and effectively turn over in favor
of the party of the SECOND PART the actual physical possession of the
properties mentioned in paragraphs 1 and 2 hereof bearing in mind that time is
of the essence for such transfer.
7. The party of
the FIRST PART, whether individually or collectively, shall cause the
immediate dismissal of all its claims and/or counterclaims against the party of
the SECOND PART and/or the latter's predecessors and
successors-in-interest relative to the parcels of land subject matter of this
Agreement.
8. In
consideration of the foregoing, the party of the SECOND PART undertakes
to provide and deliver in favor of Teresita A. Aquino, Nicolas B. Garcia,
Fernando M. Napay, Juliet P. Pagnas, Edmundo C. Parcia and Bonifacio G.
Villanueva, within twenty four (24) months from the signing of this Agreement,
one (1) house and lot to each individual, at the "Liro Homes" housing
project of the party of the SECOND PART.
8.1 It is hereby
understood that each house and lot shall have a market value of Pesos: Three
Hundred Thousand (P300,000.00), more or less, and, further, that the party of
the SECOND PART has the sole option of converting its obligation to
deliver such houses and lots in the, form of, cash payments of Pesos: Three
Hundred Thousand (P300,000.00) each.
IN WITNESS
WHEREOF, the parties hereto affixed their signatures on the date and place
above written.
FIRST PART
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SECOND PART
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We find that the
foregoing Memorandum of Agreement is not contrary to law, morals, good customs
and public policy, and hence, judicial approval thereof is in order.
WHEREFORE, judgment is hereby rendered approving the Memorandum
of Agreement dated April 24, 2000 of the parties, the same not being contrary
to law, morals, good customs and public policy; and the parties are hereby
enjoined to abide and comply strictly with the terms and conditions thereof.
SO ORDERED.
Mendoza,
Quisumbing, and Buena, JJ., concur.
Bellosillo, J., on leave.