HELEN REYES-ORDINARIO, IN HER CAPACITY AS ADMNISTRATRIX OF THE ESTATE OF THE LATE COL. JOSE T. REYES, PLAINTIFF-APPELLANT, VS. SPOUSES ERNESTO SALGADO AND HERMINIA UY-SALGADO, A…

Acting on the defendant-appellee’s Compliance^[1] cum ex-parte Motion with attached Compromise Agreement, vis-a-vis plaintiff-appellant’s Comment^[2] thereto, this Court finds the compromise agreement denominated as Amicable Settlement executed by the parties on February 5, 2013 and acknowledged before Notary Public Atty. Danilo B. Banares and Mary Joy B. Ramirez, Philippine Vice-Consul in the City of Los Angeles, California, U.S.A. on March 13, 2013, to be in accord with law, public order, public policy, morals and good customs. The Amicable Settlement is thus herein faithfully reproduced, viz:

“ AMICABLE SETTLEMENT

KNOW ALL MEN BY THESE PRESENTS:

This compromise agreement entered into by and between:

HELEN REYES-ORDINARIO, Filipino, of legal age, for herself and in her cpacity as ADMINISTRATRIX of the estate of the late Col. Jose T. Reyes, with residence and postal address at No. 69 Nimbus Street. Moonwalk Village, Las Piñas City, M.M., and hereinafter referred to as ORDINARIO;

-and-

HERMINIA UY SALGADO, Filipino, of legal age, widow, and MICHAELO UY SALGADO and MARIA BERNADETTE UY SALGADO, both of legal age, Filipinos, single, and all wih residence and postal addresss at No. 7 Don Rufino Street, Tahanan Village, Parañaque City, M.M. and herinafter collectively referred to as SALGADO;

WITNESSETH THAT:

WHEREAS, ORDINARIO, in her capacity as the Administratrix of the late Col. Jose T. Reyes, filed Civil Case No. Q93-14485 against spouses Ernesto S. Salgado and Herminia Uy Salgado before the Regional Trial Court of Quezon City (“RTC”) and now pending adjudication with Branch 225 of the said Court, for the annulment of sale and cancellation of Transfer Certificate of Title No. 42722 of the Registry of Deeds of Quezon City, registered in the name of Ernesto Salgado married to Herminia Salgado;

WHEREAS, Ernesto S. Salgado passed away, leaving as his heirs his widow, Herminia Uy Salgado, and their children, Michaelo Uy Salgado and Bernadette Uy Salgado;

WHEREAS, in a Decision dated July 25, 2012, the RTC dismissed Civil Case No. Q93-14485 for insufficinecy of evidence;

WHEREAS, ORDINARIO filed a Motion for Reconsideration dated August 17, 2012 praying for the reconsideration of the Decision. However, the RTC denied the Motion for Reconsideration in its Order dated November 7, 2012, a copy of which ORDINARIO recieived on November 27, 2012. Thus on November 29, 2012, ORDINARIO filed a Notice of Appeal dated November 27, 2012, appealing the Decision and the Order to the Court of Appeals on both questions of fact and law;

WHEREAS, ORDINARIO and SALGADO have decided that it is in their best interest to terminate said Civil Case No. Q93-14485 and settle amicably, as they hereby agree to settle amicably in accordance to the following terms and conditions:

NOW THEREFORE, for, in pursuance of, and in accordance with the foregoing premises, ORDINARIO and SALGADO agree and stipulate as follows:

1. ORDINARIO, as the administratrix of the late Col. Jose T. Reyes, acknowledges the ownership and title of SALGADO over the parcel of land covered by TCT No. 42722 of the Registry of Deeds of Quezon City;

2. SALGADO and ORDINARIO acknowlege that forty percent (40%) interests and rights in the said parcel of land covered by TCT No. 42722 belong in equal share to DELFIN FERRER, JR. and ROLANDO C. CIPRIANO, and sixty percent (60%) interests and rights in the same parcel of land belong to spouses SALGADO;

3. Upon execution and signing of this Compromise Agreement, SALGADO and ORDINARIO shlall jointly move for a judgment based on this Compromise Agreeement in Civil Case No. Q93-14485 and the cancellation of the Lis Pendens annotation on the same TCT No. 42722 under PE 6702/T-42722, dated January 22, 1993;

4. As a consideration for the execution of the Compromise Agreement in Civil Case No. Q93-14485 and the parties’signing of the motion as above immediately referred to, the estate of the late Col. Jose T. Reyes shall be entitled to twenty-two percent (22%) of the proceeds of the sale when the said parcel of land covered by TCT No. 42722 is sold to a third party; Provided, that said twenty two percent (22%) shall be based on SALGADO’s sixty percent (60%) interests and rights in the proceeds of said sale; and Provided further, that the same parcel of land must or shall be sold within or not later than three (3) years from the rendition of judgment in said civil case and the cancellation of the Lis Pendens as earlier referred to; and Provided finally, when the same parcel of land is sold, SALGADO and/or their authorized representative/s oblige themselves and undertake to immediately inform ORDINARIO in writing as to the fact of said sale to a third party. In any event, the estate of the late Col. Jose T. Reyes shall be entitled to the above share even if the parcel of land is sold beyond the said three year-period; furthermore, the parties hereby waive their respective claims and counterclaims in Civil Case No. Q93-14485, which are deemed withdrawn;

5. ORDINARIO warrants, in her personal capacity and in her capacity as administratrix of the estate of the late Col. Jose T. Reyes, that she has neither sold, nor assigned, nor encumbered to any third party, any portion or any rights and/or interests in the same parcel of land covered by TCT No. 42722. Save for the share in the proceeds of the sale as above agreed upon, ORDINARIO and the estate of the late Col. Jose T. Reyes waive all claims, rights and interest in the said parcel of land covered by TCT No. 42722.

6. It is understood that this Compromise Agreement shall be effective only upon the approval of the (a) intestate court, i.e., Branch 94 of the Regional Trial Court, Quezon City, in Special Proceeding No. Q-91-9371; and (b) Regional Trial Court, Quezon City, Branch 225 in Civil Case No. Q93-14485 or the Court of Appeals once the trial court loses jurisdiction over the said case upon the transmittal of the record of the case to the appellate court on appeal. This Compromise Agreement shall be deemed void, inadmissible in any court of law and of no effect whatsoever should the said courts disapprove the same.

IN WITNESS HEREOF, the parties hereto affix their signatures on February 5, 2013 in City of Manila, M.M., Philippines.

(SGD) HELEN REYES ORDINARIO	SGD) HERMINIA UY SALGADO
(SGD) MICHAELO UY SALGADO	(SGD) MARIE BERNADETTE UY SALGADO
SIGNED IN THE PRESENCE OF:
(SGD)
______________________	______________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) S.S.

BEFORE ME, a Notary Public for and in City of Manila on February 5, 2013, personally appeared the following:

Name		Community Tax Certificate No./Competent Evidence of Identity	Date/Place of Issuance
Herminia Uy Salgado		DL N1067-844817	Exp. 08/23/2013
Michaelo Uy Salgado		SSS No. 33-6496171-2	June 30, 1973
Marie Bernadette Uy Salgado		DLN26 07-014799	EXP. 02/28/2013

known to me and by me known to be the same person(s) who executed the foregoing Compromise Agreement and who acknowleged to me that the same is their free and voluntary act and deed.

This instrument consisting of four pages including this page whereon the acknowledgement clause is written has been signed by the parties.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal this Feb 5, 2013 in City of Manila.

ATTY. DANILO B. BANARES Commission No. 2012039 until 12/31/2014 PTR No. 1103287-Jan. 2,2013 -Manila IBP LIFE ROLL NO. 0113 R. 708 MBI BLDG., STA CRUZ, MANILA

Doc. No. 98;
Page Noi. 21;
Book No. 94;
Series of 2013.

ACKNOWLEDGMENT^[3]

BEFORE ME, MARY JOY B. RAMIREZ, VICE-CONSUL in the City of Los Angeles, California, U.S.A., on this day of 13 March 2013, personally appeared:

HELEN R. ORDINARIO

with CASC ID NO. E1550189 ISSUED ON 02 OCT 2007 known tome to be the same person(s) who executed the annexed instrument of COMPROMISE AGREEMENT and being informed by me of the contents of said instrument, he/she they acknowledged and swore before me that he./she/they executed the same of his/her/their own free will and deed for the use and purpose therein set forth.

For the contents of the annexed document, this Consulate General assumes no responsibility.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Consulate General of the Republic of the Philippines in Los Angeles, California, U.S.A., on the above date.

(SGD) MARY JOY B. RAMIREZ Vice-Consul Republic of the Philippines

	: $25.00
	: 4458
Service No	: 5778
Doc. No.	: 4870
Page No.	: 49
Series of	: 2013”

IN VIEW OF THE FOREGOING, it pleases this Court to APPROVE the amicable settlement of the parties in this case and render judgment in accordance therewith. Accordingly, the parties are enjoined to faithfully comply with the terms thereof.

SO ORDERED.

Carandang (Chairperson) and Gonzales-Sison, JJ., concur.

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^[1] Rollo, pp. 127-135

^[2] Rollo, pp. 137-140

^[3] Rollo, p. 130.