THIRD DIVISION
|
MARIA SUSAN L. RAÑOLA, ROSSAN DIOKLAN L. RAÑOLA & ROSETTE L. RAÑOLA, Assisted by her mother,
MARIA SUSAN L. RAÑOLA, Petitioners, - versus - SPOUSES FERNANDO & MA. CONCEPCION M. RAÑOLA, Respondents. |
G.R.
No. 185095
Present: YNARES-SANTIAGO, J.,
Chairperson, CHICO-NAZARIO, VELASCO, JR., NACHURA, and PERALTA, JJ. Promulgated: July 31,
2009 |
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RESOLUTION
NACHURA, J.:
For our consideration is a Manifestation[1]
dated June 27, 2009, informing the Court that the parties have already executed
a Compromise Agreement[2]
dated March 17, 2009 copy atttached, and seeking the dismissal of this
case. The Compromise Agreement is as
follows:
COMPROMISE
AGREEMENT
Parties
assisted by their respective counsels, most respectfully submit the foregoing
compromise agreement, the terms and conditions of which are:
1. That
they now wish to put an end to the following legal cases now pending before the
various courts and forum, namely:
(a) Civil Case No. 2352 (Declaration of
Nullity of Contract, Cancellation of Certificate of Title, etc. pending before
RTC, Branch 13, Ligao City.
(b) Civil Case No. 1304 (Unlawful Detainer)
judgment of which had been affirmed by the Honorable Court of Appeals in
CA-G.R. No. 98694 and by the Honorable Supreme Court in G.R. No. 185254.
(c) Special Proceedings No. 431 (Settlement
of estate of the late Ronald O. Rañola)
pending before RTC, Branch 13,
(d) Criminal Case No. 5500 (Estafa) now
pending before RTC, Branch 13,
(e) Appeal before the Department of Justice
(with pending motion for reconsideration) I.S. No. 13-06.
(f) Petition
before the Supreme Court in G.R. No. 185095 entitled “Ma. Susan L. Rañola, et al. vs. Sps. Fernando and Ma.
Concepcion Rañola.
(g) And all other cases necessarily connected
with or arising from the various causes of action between and among the parties
to these cases. For this purpose and to this
end, parties agree to submit copies of this agreement to the various courts,
government agencies and forum before which the said actions/proceedings are
pending so that the corresponding orders of dismissal may already be
promulgated and issued.
2. That Lot No. 759-B, covered by TCT No. 129660
of the Register of Deeds of Ligao City and presently registered in the
exclusive names of the spouses FERNANDO & MA. CONCEPCION M. RAÑOLA, shall
be divided into two, which shall be apportioned as follows: a portion of
3.
MARIA SUSAN L. RAÑOLA, DIOKLAN L. RAÑOLA, and ROSETTE L. RAÑOLA warrant
that the property ceded to them shall be exclusively and solely used as a
continuation of the piggery and hog business of the late Ronald O. Rañola, and
should they (the former) decide to sell the property and the business, they
shall respect the “right of first refusal” of the spouses FERNANDO & MA.
CONCEPCION M. RAÑOLA. To this end,
spouses FERNANDO & MA. CONCEPCION M. RAÑOLA hereby allow the free use of
the water tank facility (built upon the portion of the property belonging to
them) for as long as the water shall be exclusively used for piggery activities
and enterprise by Dioklan and Rosette L. Rañola; provided that, if and when
fencing shall be made, the said water tank and facility shall be temporarily
possessed by Dioklan and Rosette during the times when they shall be using the
same for the piggery; provided still further, that if Dioklan and Rosette would
abandon the business, the water tank and facility shall be enclosed to form
part of the property of the spouses Fernando and Ma. Concepcion Rañola;
provided finally, that if and when there shall be changes in the use of the
properties by either parties, then the primordial consideration is that the
shift shall not endanger and put to risk the other’s line of business and the
parties undertake to spend time to talk and find ways to avoid any risks upon
each others’ line of business.
4.
The hammer mill shall be relocated from where it now is installed to
some ______ meters southwest of the “grower/finisher building” as appearing on
the sketch plan so that the birds in the aviary shall not be disturbed by the
noise emitted from [it] as a result of the operation of the same hammer
mill. Immediately prior to the transfer,
plaintiffs shall inform defendants of the exact location of the place of
transfer.
5.
All monies deposited with the Regional Trial Court, Branch 13 stationed
at
6.
The steel bars found at the gestating and farrowing building shall be
taken therefrom without danger to the buildings’ structures and be given to MA.
SUSAN, DIOKLAN & ROSETTE, all surnamed RAÑOLA.
7.
The four (4) residential lots in
8.
Simultaneously with the execution of this Agreement, MA. SUSAN L. RAÑOLA
shall execute an Affidavit of Desistance with Motion to Dismiss Criminal Case
I.S. No. 13-06 now pending before the Department of Justice and Criminal Case
No. 5500, now pending before RTC, Branch 13, Ligao City, upon her and her
daughters’ express admission that the birds and fowls subject matter of that
criminal case are all owned by the spouses FERNANDO & MA. CONCEPCION M.
RAÑOLA.
9. In
continuing on with the piggery business, MA. SUSAN, DIOKLAN & ROSETTE L.
RAÑOLA hereby undertake not to raise, maintain, or have any other fowl in their
property like, among others, chickens, turkeys, ducks, geese, fighting cocks,
nor conduct any form of poultry business and the like to avoid any avian
disease or flu that will cause any undue risk to the aviary owned and
maintained by the spouses FERNANDO & MA. CONCEPCION M. RAÑOLA; provided
further that no dogs or cats or any domesticated animals shall be allowed to
stray near the aviary and must thus be caged, should there be any.
10.
MA. SUSAN, DIOKLAN & ROSETTE L. RAÑOLA hereby undertake, within a
period of ninety (90) days from the time of the approval of the Amicable
Settlement, to transfer all personal properties or animals and/or stocks in
trade still in the property adjudicated to the spouses Fernando and Ma.
Concepcion Rañola to their own property.
11.
Expenses relative to capital gains taxes, documentary stamp taxes,
realty taxes, transfer taxes (BIR & local) and fees for documentation shall
all [be] for the account of MA. SUSAN, DIOKLAN & ROSETTE L. RAÑOLA,
provided that, the amount of FIVE HUNDRED THOUSAND PESOS (Php500,000.00) shall
be withdrawn from the funds deposited with the RTC (mentioned in par. 5
hereof), to defray any and all expenses therefor.
12.
The parties hereby waive all claims and counterclaim they may have as
against each other, whether present, real or inchoate, and vow to abide by the
terms and conditions herein stated and agreed upon. It is the essence of this agreement that the
parties endeavor to maintain and bring back the good familial relations between
and among them; to this end, the parties shall not file any action or
proceedings as against each other rooted upon or connected with the issues
raised in the enumerated cases in paragraph 1 hereof.
Wherefore, it is most respectfully prayed
that a Decision be issued and promulgated approving this Amicable
Settlement. Other reliefs and remedies
as are just and equitable under the circumstances are here prayed for.
(signed) (signed) (signed)
MA. SUSAN L. RAÑOLA DIOKLAN L. RAÑOLA ROSETTE L. RAÑOLA
Plaintiff
Plaintiff
Plaintiff
Assisted by:
(signed) (signed)
Atty. JOSE VICENTE D. FERNANDEZ Atty. RAMIRO BORRES, JR.
(signed)
(signed)
FERNANDO O. RAÑOLA MA.
CONCEPCION M. RAÑOLA
Defendant Defendant
Assisted by:
(signed)
AVELINO V.
SALES, JR.
For Himself and as counsel for the
spouses
(signed)
ROSITA R.
MILANTE
Defendant
(signed)
Atty. AILEEN
For Herself and as counsel of Ms.
Milante
Article 1306 of the Civil Code of the
A compromise agreement intended to
resolve a matter already under litigation is a judicial compromise. Having judicial mandate and entered as its
determination of the controversy, such judicial compromise has the force and
effect of a judgment. It transcends its
identity as a mere contract between the parties, as it becomes a judgment that
is subject to execution in accordance with the Rules of Court. Thus, a compromise agreement that has been
made and duly approved by the court attains the effect and authority of res judicata, although no execution may
be issued unless the agreement receives the approval of the court where the
litigation is pending and compliance with the terms of the agreement is
decreed.[5]
Finding the Manifestation to be meritorious,
and the Compromise Agreement dated March 17, 2009 to be validly executed and
not contrary to law, morals, good customs, public order or public policy; we
therefore, accept and approve the same.
WHEREFORE, the Manifestation dated June 27, 2009 informing this Court that the parties had already arrived at an agreement to settle their legal controversies and praying for the dismissal of this case is GRANTED. Judgment is hereby rendered in accordance with the Compromise Agreement dated March 17, 2009. The instant case is DISMISSED. No pronouncement as to costs.
SO ORDERED.
ANTONIO
EDUARDO B. NACHURA
Associate
Justice
WE CONCUR:
CONSUELO YNARES-SANTIAGO
Associate
Justice
Chairperson
|
MINITA V. CHICO-NAZARIO Associate
Justice |
PRESBITERO J. VELASCO, JR. Associate
Justice |
DIOSDADO M. PERALTA
Associate
Justice
A T T E S T A T I O N
I attest that the conclusions in the above Resolution were
reached in consultation before the case was assigned to the writer of the
opinion of the Court’s Division.
CONSUELO
YNARES-SANTIAGO
Associate
Justice
Chairperson,
Third Division
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution
and the Division Chairperson's Attestation, I certify that the conclusions in
the above Resolution had been reached in consultation before the case was
assigned to the writer of the opinion of the Court’s Division.
REYNATO S. PUNO
Chief
Justice
[1] Rollo, p. 434.
[2]
[3] Article 2028, Civil Code of the
[4] DMG Industries, Inc. v. Philippine American Investments Corporations, G.R. No. 174114, July 6, 2007, 526 SCRA 682, 687.
[5] Viesca v. Gilinsky, G.R. No. 171698, July 4, 2007, 526 SCRA 533, 557-558.