G.R. No. L-29044. August 15, 1968

WORKMEN’S INSURANCE CO., INC., PETITIONER, VS. HON. COURT OF APPEALS, CARMEN BAUTISTA, AND PRIMO ZUÑIGA, RESPONDENTS.

Decisions / Signed Resolutions August 15, 1968 FERNANDO, J.:
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FERNANDO, J.:


In this petition for certiorari to review a decision of
respondent Court of Appeals given due
course by our resolution of June 28, 1968,
petitioner Workmen’s Insurance Co., Inc., and respondents Carmen Bautista and Primo Zuñiga,
submitted on July 13, 1968, a pleading
entitled
“Compromise Agreement”.  The
signature of respondent
Primo Zuñiga not appearing in the above Compromise Agreement, this Court, on July 22, 1968, required the aforesaid respondent to comment
thereon.  Then came, on
July 31, 1968, a manifestation from respondent Primo Zuñiga
expressing “his conformity and a signature
to the Compromise
Agreement in question, * * *.”

The Compromise Agreement is
worded as follows:  “A) That
defendant-appellant [in the proceedings below, petitioner here] will pay the
plaintiff-appellees [in the proceedings below,
respondents Primo Zuñiga and Carmen Bautista here]
the total sum of P12,000.00, P9, 000.00 of which being for the principal, while
P3, 000.00 shall be applied as attorney’s fees; B) There will be no interest
due and the plaintiff-appellees [in the proceedings
below, respondents Primo Zuñiga and Carmen Bautista
here] are hereby waiving the right to collect the same; C) There will be no
pronouncement as to cost; D) That plaintiff-appellees
[in the proceedings below, respondents Primo Zuñiga
and Carmen Bautista here] hereby acknowledged the receipt of the total sum of
P12,000.00; under Check No. H0-10864 drawn against Philippine Commercial &
Industrial
Bank for P9,000.00 and Check No.
HO-10865 drawn against Philippine Com­mercial & Industrial Bank for P3,000.00; and 3) That notwithstand­ing the decision of the
Court of Appeals in the above-entitled case, [CA-G. R. No. 37848-R] this
Compromise Agreement may be approved by this Honorable Court thereby setting
aside the decision of the Court of Appeals.”

While the above Compromise Agreement appears to be awkwardly
drafted, the parties as noted not even taking the trouble of designating themselves correctly and in what capacities they
appear in this
petition for
certiorari, there is no legal objection to its approval,
which will have
the effect of setting aside the decision of the respondent Court of Appeals
sought to be reviewed, the rights of the parties being thereafter governed by
such aforesaid compromise as embodied in the judgment of this Court.

WHEREFORE, let judgment be entered in accordance with the above Compromise Agreement.  From the explicit terms thereof nothing appears to be left further to be complied
with by the parties
to the same, there being no need therefore for the
usual reminder that strict compliance therewith
by those who entered into such Agree
ment should be enjoined.  Without pronouncement as to
costs.

Concepcion, C.J., Reyes, Dizon, Makalintal, Zaldivar, Sanchez, Castro and Angeles, JJ., concur.