INTESTATE ESTATE OF THE LATE MAGDALENO C. PEÑA. REMIGIO M. PEÑA, CLAIMANT AND APPELLANT, VS. JOSEFA PEÑA DE VILLARUEL, OPPOSITOR AND APPELLEE.

The parties, assisted by their respective attorneys, have filed in
this Court the following compromise agreement:

“COMPROMISE AGREEMENT”

“Come now, REMIGIO M. PEÑA, Claimant-Appellant, JOSEFA PEÑA DE
VILLARUEL, Oppositor-Appellee, and LEONOR M. PEÑA, in her own behalf
being one of the heirs, and as Judicial Administratrix of this Intestate
Estate, by their respective attorneys, and to this Honorable Supreme
Court, respectfully state:

“That the parties herein being related by blood as children and
mother are agreeable to have this case compromised in the following
manner;

“That the Claimant-Appellant and the Oppositor-Appellee agree
that the Claimant-Appellant shall be paid in the sum of P5,000.00 only
instead of P21,000.00 he is asking by his claim dated May 23, 1952,
which was amplified by his supplemental motion dated August 7, 1952,
(pp. 3 and 4 of the brief of the claimant-appellant) plus the sum of
P3,000.00 representing the attorney’s fee for services rendered in the
reconstitution of the Certificate of Title of Lot No. 9, Pasay Cadastre,
of this Intestate Estate and the cancellation of the mortgage affecting
the above-mentioned property by the Rehabilitation Finance Corporation,
or a total of P8,000.00;

“That of the sum of P8,000.00, Leonor M. Peña, for her own
personal behalf as one of the heirs shall pay the sum of P4,000.00 and
all the surviving children of the lat Magdaleno C. Peña shall pay the
remaining balance of P4,000.00 each in equal share;

“That payment of the aforesaid claim shall be paid as soon as the
sale of the lot above-mentioned and the house thereon shall have been
consummated.

“WHEREFORE, it is respectfully prayed that this Honorable Supreme
Court issue an order in accordance with this compromise agreement, to
declare this case as finally closed and terminated, without
pronouncement as to costs.

“Bacolod City for Manila, April 20, 1953.

“REMIGIO M. PEÑA		JOSEFA PEÑA DE VILLARUEL
Claimant-Appellant		Oppositor-Appellee
“LEONOR M. PEÑA		JOSE M. ESTACION
For herself and as Admx.		Attorney for the Administratix
“ROMEO S. CASTILLO		JOSE E. ERFE and REMIGIO M. PEÑA
Attorney for the Oppositor-Appellee		Attorneys for Claimant-Appellant
		“BY: JOSE E. ERFE”

In view of the foregoing, judgment is hereby rendered, ordering
Leonor M. Peña to pay to Remigio M. Peña the sum of P4,000.00; and the
surviving children of the late Magdaleno C. Peña are, likewise, ordered
to pay, in equal shares, the sum of P4,000.00 to said Remigio M. Peña,
payment to be made as soon as the sale of the lot mentioned in the above
compromise agreement and the house thereon shall have been consummated.

The present case is ordered closed and terminated, without any
pronouncement as to costs. So ordered.

Paras, C. J., Feria, Pablo, Bengzon, Tuason, Montemayor, Reyes,
Bautista Angelo, and Labrador, JJ., concur.