ALICIA GAN Y REYES, PETITIONER, VS. HON. PRESIDING JUDGE OF REGIOAL TRIAL COURT OF MARIKINA CITY, BRANCH 156 AND SPS. BAYANI AGABIN AND MILDRED AGABIN, RESPONDENTS.

On July 25, 2013, this Court issued a Resolution (Rollo, p. 97) referring this case to the Philippine Mediation Center-Court of Appeals (PMC-CA) for possible amicable settlement between the parties pursuant to Resolution No. 04-04 dated March 23, 2004 of the Supreme Court in A.M. No. 04-315-SC.

On February 20, 2014, the parties submitted a Compromise Agreement (Rollo, pp. 98-99) before the PMC-CA, which is reproduced below:

“COMPROMISE AGREEMENT

PETITIONER ALICIA R. GAN AND PRIVATE RESPONDENTS SPS. BAYANI AGABIN AND MILDRED AGABIN, assisted by their respective counsels, hereby agree as follow:

That, parties in recognition and appreciation of the efforts of the Honorable Justice Agcaoili for the parties to settle amicably as well as in order to avoid a long and protracted litigation and to buy peace of mind, without admitting any liabilities in the above-captioned case, the parties have entered into a compromise agreement.

That, the Petitioner agrees to pay Private Respondents the sum of P75,000.00 as full and complete settlement of the claim of the latter against the former as follows:

a) P50,000.00 upon execution of this Agreement

b) The balance of P25,000.00 in five (5) equal monthly installments of P5,000.00 per month starting 28 February 2014 and every end of the succeeding months.

Parties further agree that all the other claims, counter-claims are hereby waived and/or withdrawn with prejudice.

Parties further agree that this Compromise Agreement and that this Compromise shall be binding upon all the heirs, successors-in-interest and assigns of the parties herein.

That upon full settlement of the amount of P75,000.00, the instant Petition shall be considered withdrawn and or dismissed with prejudice.

PRAYER

WHEREFORE, premises considered, it is most respectfully moved and prayed that this Compromise Agreement, not being contrary to law, public policy and moral be approved by the Honorable Court and judgment be rendered in accordance herewith.

City of Manila

29 January 2014

(signed)

ALICIA GAN Y REYES SPS.
Petitioner

BAYANI AGABIN AND MILDRED AGABIN
 Private Respondents

By:

(signed)
ATTY. BAYANI AGABIN

Assisted By:

(signed)
ATTY. EDILBERTO G. CARMELO
Counsel for Petitioner
Carmelo and Palaypayon Law Offices
Carmelo Compound, Newton Ave.,
Mayamot, Antipolo City 1820
PTR NO. 3706050/01-30-13/ANT.
IBP NO. 920451/01-30-13/RIZAL
ROLL NO. 30146
MCLE COMPLIANCE NO. IV-0021792/08-30-13” (Ibid)

Finding the Compromise Agreement to be in order and not contrary to law, morals, good custom, public order and public policy, in line with the State policy of encouraging an amicable settlement of disputes between parties involved therein, the Compromise Agreement is APPROVED and the parties are ENJOINED to faithfully comply with the covenants, terms and conditions thereof.

WHEREFORE, premises considered, the instant case is now considered CLOSED AND TERMINATED.

SO ORDERED.

Lopez, M.V., and Inting, S.B., JJ., concur.