JOSE LLADO, PETITIONER, VS. NUMERIANO MANGLICMOT AND JUDGE TOMAS PANGANIBAN, PRESIDING JUDGE OF THE COURT OF AGRARIAN RELATIONS, BRANCH I SECOND REGIONAL DISTRICT, RESPONDENTS.

This is a petition for mandamus to compel the Court of Agrarian Relations to
issue an execution of a judgment of the Court of Industrial Relations dated June
13, 1955 in Case No. 2106-NE. The judgment in question reads as follow:

“It appears on the record that the parties entered into an agreement, the
pertinent portions of which read as follows:

‘That the petitioner herein agreed to cultivate the land in question this
agricultural year, 1954-1955 only, and in the succeeding year 1955-1956 he will
voluntarily surrender this landholding to the herein respondent.

That the respondent has no objection as to the agreement.

WHEREFORE, it is respectfully prayed that this case be treated closed,
dismissed and terminated.

Cabanatuan City, May 26, 1954.

	(SGD.) NUMERIANO MANGLICMOT		(SGD.) JOSE LLADO
	Petitioner		Respondents’

“Finding the said agreement not contrary to law, morals or public policy, the
same is hereby deemed to be an award or decision in this case and the parties
are enjoined to observe strict compliance therewith.” (Annex
D-Petition.)

The respondent Court of Agrarian Relations refused to grant the execution
prayed for, for the reason that prior to the said order of June 13, 1955,
another order dated August 6, 1954 had been issued. This order reads as
follows:

“Considering that the parties in the above-entitled case are no longer
interested in the prosecution of their case on the ground that they have already
arrived at an amicable settlement of their differences, let this case be, as it
is hereby, DISMISSED” (Annex C-Petition.)

The petition must be denied. The order sought to be executed was promulgated
on June 13, 1955, after the first order of August 6, 1954 had become final and
executory. Said order dated June 13, 1955 is, therefore, null and void, and may
not be enforced by execution. With costs against petitioner.

Paras, C.J., Bengzon, Montemayor, Reyes, A., Bautista Angelo, Concepcion,
Reyes, J.B.L., Endencia, and Felix, JJ., concur.