JOSEPH ONG, SUBSTITUTED AS REPRESENTATIVE OF THE LATE ONG CU, PETITIONER, VS. HON. MIDPANTAO ADIL AND JOSEFINA S. DE LAUREANO, RESPONDENTS.

The petitioner filed in this
Court on June 11, 1977 a petition for certiorari, praying that the
decision of the Court of First Instance of Iloilo dated February 1, 1977 in
Civil Case No. 10889 (should be 10370), entitled “Ong Cu vs. Josefina S.
de Laureano” and the order of respondent Judge in the same case dated May
13, 1977 denying petitioner’s motion for recon­sideration and granting private
respondent’s motion for imme­diate execution be set aside.

The respondents were required to comment on the petition.  In their comment of July 29, 1977 the
respondents contended that the lower court’s decision had already become final
and executory, that the trial court did not commit any grave abuse of
discretion in rendering the said decision, and that the said decision is in
conformity with this Court’s judgment in De Laureano vs. Adil, L-43345, July
29, 1976, 72 SCRA 148.

To the said comment, the petitioner filed a reply dated September
20, 1977.

On September 23, 1977, or before the Court could dis­pose of the
petition, the petitioner filed a motion for the dis­missal of the case
“with prejudice, the parties having entered into a Compromise Agreement
with respect thereto”.

The motion bears the conformity of private respondent, as shown
in the lower lefthand corner thereof, where, below the handwritten words
“no objection”, the signature of her counsel appears.

WHEREFORE, this case is dismissed with prejudice and
without costs.

SO ORDERED.

Barredo, (Acting Chairman), Antonio, Concepcion, Jr., and Santos, JJ., concur.

Fernando, J., is abroad.