ILOCOS NORTE COCONUT PRODUCERS ASSOCIATION INC., PETITIONER, VS. JOHN F. NORTHCOTT, JR. & ROBERT PATRICK NORTH­COTT, RESPONDENTS.

This is a Petition for Review on Certiorari of the Amended
Decision of the Court of First Instance of Ilocos Norte, at Laoag City, in its
Civil Case No. 4235, declaring valid the redemption made by respondents, John
F. Northcott, Jr. and Robert Patrick Northcott, of a parcel of land purchased
by petitioner, Ilocos Norte Coconut Producers Association, Inc., at a public
auction sale for tax delinquency.  This
Petition docketed as G.R. No. L- 31623, was filed on March 11, 1970 by
petitioner through Atty. Eustaquio Bumanlag. 
The Petition prayed that the Amended Decision of the lower Court be
reversed for lack of jurisdiction and abuse of discretion.  The Petition was given due course on March
13, 1970.^[1]

The records disclose that on March 6, 1970, another similar
Petition for Review on Certiorari of the same Amended Decision was filed
by Attys. Hermenigildo A. Prieto and Antonio Foronda, on behalf of petitioner
and others, this time docketed as G. R. No. L-31865, entitled:

PEDRO CABILDO, as Provincial Treasurer, Ilocos
Norte, ADOLFO CALAPINI, as Municipal Treasurer, Burgos Ilocos Norte and THE
ILOCOS NORTE COCONUT PRODUCERS ASSOCIATION, INC.

– vs –

HONORABLE RICARDO Y. NAVARRO, Judge of the
Court of First Instance, Laoag City, Ilocos Norte, JOHN F. NORTHCOTT JR., and
ROBERT PATRICK NORTHCOTT

That Petition likewise sought to annul
the Amended Decision rendered by the lower Court.

On April 21, 1970, upon Motion for clarification by re­spondents
NORTHCOTTS, this Court resolved to direct them to file a consolidated Answer to
both Petitions.^[2]

It bears emphasizing that G. R. Nos. L-31623 and L-31865 involve
the same principal parties, the same Amended Decision in Civil Case No. 4235 of
the lower Court, and the same cause of action, except that they were filed by
different lawyers.

On February 23, 1971, this Court resolved:

“L-31865 (Pedro Cabildo, etc., et al., vs. Hon. Ricardo
Y. Navarro, etc., et al.) and L-31623 (Ilocos Norte Coconut Producers
Association vs. John F. Northcott, Jr., et al.).  Petitioners in L-31865, having failed
to file a reply brief within the period which expired on January 18, 1971, this
case is hereby considered sub­mitted for decision WITHOUT SAID PETITIONERS’
REPLY BRIEF.  Case No. L-31623 is
likewise submitted for decision, respondents having failed to file their brief
within the period which expired on August 8, 1970.”^[3]
(Emphasis ours)

On March 5, 1971, this Court also issued a Resolution of the
following tenor:

“L-31623 (Ilocos Norte Coconut Producers Association
vs. John F. Northcott, Jr., et al.) and L-31865 (Pedro Cabildo, etc., et al.
vs. Hon. Ricardo Y. Navarro, etc., et al.). 
– As prayed for by respondents John F. Northcott, Jr., et al., the
resolution of February 23, 1971 is hereby RECONSIDERED and said respondents’
prayer that the brief submitted by them in Case No. L-31865 be likewise
considered as the brief for respondents in Case No. L-31623, is GRANTED.”^[4]
(Underlining supplied)

On August 8, 1973, the parties, assisted by their respec­tive
counsel, jointly filed a Motion to Approve Compromise Agreement and to consider
the case terminated.^[5]
It was filed in L-31865 and attached to the Rollo of that case only.  In that Agreement, petitioner Ilocos Norte
Coconut Producers Association and the NORTHCOTTS donated the entire land in
litigation to the Provincial Government of Ilocos Norte, with the exception of
14 hectares which they retained in equal shares of 7 hectares each.

On August 30, 1973, the Provincial Board of Ilocos Norte took
note of the aforesaid Compromise Agreement and expressed its gratitude to the
parties for the donation of the land to the prov­ince.

In a Resolution promulgated on November 26, 1973, this Court
decreed:

“ACCORDINGLY, the compromise agreement is approved, and the
parties are hereby enjoined to comply faith­fully with its terms.  After this reso­lution shall have become
final, let the record be remanded to the Court of First Instance of Ilocos
Norte which is hereby ordered to hear and deter­mine, on the basis of quantum
meruit, the amount of the attorney’s fee that may be due to Atty. Manuel V.
San Jose.  Let the corresponding lien be
constituted upon the 7-hectare land retained by the respondents Northcotts
under the deed of donation.  No costs.”^[6]

Inadvertently, the aforesaid Resolution was promulgated only in
G. R. No. L-31865 and not in G. R. No. L-31623, so that the latter case has
remained pending in the docket of this Court. 
In the meantime, in L-31865, the records were remanded on January 4,
1974 and entry of judgment made on November 29, 1976.

Considering, however, that the sole petitioner in G. R. No.
L-31623 is also a petitioner in G. R. No. L-31865, and that the two cases have
the same subject matter, and identical causes of action, it is plain to see
that the Resolution of this Court of November 26, 1973, supra, covered
and resolved the two cases.  The
intendment to consider them as consolidated is evident from the Resolutions
dated April 21, 1970, February 23, 1971 and March 5, 1971, supra.  The matter of the determination of attorney’s
fees is no obstacle to writing finish to this Petition as well, specially
considering that the corresponding lien therefor has been constituted, and with
the lapse of time, may have been settled to the satisfaction of the parties
concerned.

ACCORDINGLY, let this case (G. R. No. L-31623) be, as it
is hereby, declared terminated.

No costs.

SO ORDERED.

Teehankee, Acting C.J., Fernandez, Guerrero, and De Castro, JJ., concur.

Makasiar, J., is on leave.

^[1]
p. 44, Rollo.

^[2]
p. 50, ibid.

^[3]
p. 115, Rollo, G. R. No. L-31865

^[4]
p. 118, ibid.

^[5]
p. 120, ibid.

^[6] pp. 150-154, ibid.