REPUBLIC OF THE PHILIPPINES AND/OR THE DIRECTOR OF LANDS, PETITIONERS, VS. HON. JOSE P. ALEJANDRO, AS JUDGE OF THE COURT OF FIRST INSTANCE OF CAVITE, BRANCH II, AND ARTEMIO G. B…

This is an appeal in accordance with Republic Act No. 5440 from
the decision in LRC Case No. 737, LRC Rec. 32171 of the Court of First Instance of Cavite, entitled “Artemio G.
Barron, Applicant vs. The Director of Lands, Oppositor“,
the dispositive portion of which reads:

“WHEREFORE, the opposition is denied and this Court hereby
declares applicant Artemio G. Barron the absolute
owner of the reclaimed land located in the City of Cavite
and more particularly described and delineated in Plan R1-1009-D (Exhibit J)
and in the corresponding technical description (Exhibit K), hereby confirming
said title thereto, and entitled to the registration in his favor, ‘reserving
to the City of Cavite twenty-five (25%) per cent of
the area x x x and
consisting of thirty thousand sixty-seven (30,067) square meters,’ as provided
for in the Deed of Transfer, executed on the 27th day of January, 1967, by and
between the City of Cavite and Artemio G. Barron,
acknowledged before Notary Public Magin D. Dones of Cavite City and entered
in his Notarial Register as Doc. No. 517; Page No.
49; Book No. II; Series of 1967.

“SO ORDERED.

“Given at Cavite City, this 14th day of September, 1970.

(SGD.)
JOSE P. ALEJANDRO

J u d g e”^[1]

On March 19, 1981
the parties filed the following:

“JOINT MANIFESTATION AND MOTION

“COME NOW the parties, assisted by
counsel and respectfully manifest:

“1.    The protracted litigation involved in the
above-entitled case has deprived the parties of productive use of the
land.  On the other hand, a number of
people in the City of Cavite has entertained the
false belief that the land in question is an abandoned property and, thus, has
subjected it to abuse and illegal occupation and exploitation;

“2.    Because of its strategic location, and due
to unavailability of land to fill the expanding needs of Cavite City,
the area is ideal for urban development. 
In fact, a portion of the land has been designated as a BLISS site in
line with the developmental plan of the National Government; and

“3.    The parties, therefore, after exploring all
avenues to compromise having in mind the public interest have arrived at a settlement as evidenced by the
Compromise Agreement hereto attached as Annex “A”.

“WHEREFORE, in view of the foregoing, it is respectfully prayed that:

“(a)  The Compromise Agreement marked as Annex ‘A’
hereof be approved, and that judgment be entered in accordance with the terms
thereof; and

“(b)  The case be remanded
to the lower court for further proceedings for the issuance of a decree or
decrees of registration pursuant to the Compromise Agreement.

“Manila, Philippines,
February 26, 1981.

REPUBLIC OF THE PHILIPPINES                                                  ARTEMIO
G. BARRON

and/or DIRECTOR OF LANDS                                                              represented
by

HEIRS OF BARRON

(SGD) ESTELITO P.
MENDOZA                                                     (SGD)
RODOLFO O. BARRON

Solicitor General                                                           For Himself & In Behalf of the Heirs of Barron

(SGD) SANTIAGO
M. KAPUNAN                                         Assisted
by:

Assistant Solicitor General

(SGD) MANUEL O. CHAN

Counsel

(SGD) REYNATO S.
PUNO                                                 For Private Respondent

Assistant Solicitor General

(SGD) LOLITA O.
GAL-LING                                                            (SGD)
MARIO R. GOMEZ

Solicitor                                                                                              Counsel

For Private Respondent”^[2]

Attached to said motion as
Annex “A”, is the following:

“COMPROMISE
AGREEMENT

“This Compromise Agreement, made and executed by and between –

“THE REPUBLIC OF THE
PHILIPPINES and/or THE DIRECTOR OF LANDS, as
assisted in this act by the Solicitor General;

– and
–

“THE HEIRS OF ARTEMIO G. BARRON, represented by RODOLFO O.
BARRON, for Himself and as Attorney-In-Fact of Encarnacion
O. Barron, Rosita Barron-Manalo and Mercedita Barron Palmares-Reyes,
with residence at 115 Lino
Barron Rd., San Antonio, Cavite City,
assisted by legal counsel Attys. Manuel O. Chan and Mario R. Gomez, 1325 M. Adriatico, Ermita, Manila.

“W I T
N E S S E T
H:

“WHEREAS, there is pending resolution before
the Supreme Court G.R. NO. L-32680 entitled ‘Republic of the Philippines
and/or The Director of Lands, petitioners, versus Hon. Jose P. Alejandro, as
Judge of the Court of First Instance of Cavite,
Branch II, and Artemio G. Barron, respondents’, which
is a petition to set aside the decision of the Court of First Instance of Cavite dated September 14, 1970 in LRC Case No. 606, later
filed as LRC Case No. 737, LRC Record No. 32171, covering a parcel of land situated at Cavite
City, more particularly described in Plan R-I-1009-C, with an area of 120, 268 square meters, declaring Artemio G. Barron the absolute owner of said land,
reserving, however, to the City of Cavite twenty-five
(25%) per cent of the area consisting of thirty thousand sixty-seven (30,067)
square meters as provided for in the Deed of Transfer executed on the 27th day
of January, 1967 by and between the City of Cavite
and Barron;

“WHEREAS, the area was reclaimed by Artemio
G. Barron from the sea allegedly pursuant to Republic Act 1899;

“WHEREAS, it is necessary to put an end to the litigation,
brought about by the appeal of
the National Government, to release the twelve hectares of land from legal
restraints in order to make them available for productive use and consequently
help support and sustain the provincial progress in conformance with regional
and national goals;

“NOW, THEREFORE, for and in consideration of the foregoing,
the parties hereto have agreed and do hereby agree to settle the litigation.

“1.    That petitioners (Republic of the
Philippines) and the private respondents represented by Rodolfo O. Barron
(Powers of Attorney attached hereto as Annexes “B”, “C”,
and “D”) agree on a 50-50 sharing of the subject land;

“2.    That the lot in question containing an area
of 120,268 sq. m. as declared in
Amended Plan R-I-1009-D (Attached hereto as Annex “A”) as surveyed
for the City Government is divided into two lots, to wit:

“Lot 1 – Area – 60,134 square meters, will pertain to the
heirs of Artemio
G. Barron, and more particularly described as follows:

‘A parcel of land (Lot
1, RI-1009-D, Portion), situated in the City of Cavite, Island of Luzon.  Bounded on the N., along
lines 11-1 and 1-2 by Cañacao Bay; on the E., along line 2-3 by Samonte Park; on the S., along lines 3-10 by Bacoor Bay; on the W., along line 10-11 by Lot 2 of the subdivision plan. 
Beginning at a point marked “1”
on plan, being N. 57 deg. 28′ E., 442.57 m. from BLLM No. 4, Cavite Cadastre;

of beginning;
containing an area of SIXTY THOUSAND ONE HUNDRED THIRTY FOUR (60,134.00) SQUARE
METERS, more or less.  All points are
marked on the plan as follows:  point 10
& 11 by P.S. CYL. Conc.  Bearings true, date
of original survey July 5-7, 1966;
and that of the subdivision survey:  July 10, 1980.’

“Lot 2 – Area – 60,134 square meters, will pertain to the
National Government ot be administered and operated
by the Public Estates Authority, and
more particularly described as follows:

‘A parcel of land (Lot 2, RI-1009-D,
Portion), situated in the City of Cavite,
Island of Luzon. 
Bounded on the N., along lines 1-5 by Cañacao
Bay; on the E., along lines 5-6 by Lot 1 of the subdivision plan; on the S.,
SW., & W., along lines 6-38 by Lots, Cavite
Cadastre; on the NW., along line 38-1 by Cañacao
Bay.  Beginning at a point marked
“1” on plan, being N. 15 deg. 38′ W., 266.83 m. from BLLM No. 4, Cavite Cadastre;

of beginning;
containing an area of SIXTY THOUSAND ONE HUNDRED THIRTY FOUR (60,134) SQUARE
METERS, more or less.  All points are
marked on the plan as follows:  points 5
& 6 by P.S. Cyl. Conc. Mons.
15 X 60 cm.; and the rest by Old Points.  Bearings true, date
of the Original Survey July 5-7, 1966;
and that of the subdivision survey July
10, 1980.’

“3.    In connection with the development of the
area to be undertaken by the private respondents represented by Rodolfo O.
Barron, a plan and other requirements should be submitted subject to the approval
of the National Housing Authority;

“4.    All sites for public schools, roads, open
space and waterways shall be charged against the share of the party in whose
area the same are located;

“5.    The heirs of Barron shall assume the
following obligations:

a)     Finance and undertake the integrated
development of the area subject to Public Estates Authority’s overall
supervision;

b)     Eject illegal occupants in the area in
coordination with appropriate authorities; and

c)     Pay real estate tax that may be due on
Public Estate Authority’s share of said area.

“6.    All prior agreements made and executed by
and between the City of Cavite and private
respondents represented by Rodolfo O. Barron with reference to the reclaimed
area are hereby superseded by this Compromise Agreement; and

“7.    Under this Compromise Agreement, private respondents,
represented by Rodolfo O. Barron and the Republic of the Philippines
shall be entitled to have their respective portions of the land registered in
their names;

“8.    The parties hereby renounce whatever claims
they may have against each other arising out of the intant
case.

“9.    The parties shall file appropriate motion to
dismiss G.R. NO. L-32680, pending before the Supreme Court on
the basis of this agreement.

“IN VIEW WHEREOF, the parties hereby affix their signatures.

“Manila, Philippines,
February 26, 1981.

REPUBLIC OF THE PHILIPPINES                                                                     ARTEMIO
G. BARRON

(Heirs of Artemio G. Barron)

(SGD) ESTELITO P.
MENDOZA                                                     (SGD)
RODOLFO O. BARRON

Solicitor General                                                            For Himself & as Atty-In-Fact
of

ENCARNACION OCAMPO-BARRON

ROSITA
BARRON-MANALO and

MERCEDITA BARRON-PALMARES-REYES

COUNSEL FOR ARTEMIO G. BARRON

By:

(SGD) MANUEL O. CHAN

(SGD) MARIO R. GOMEZ”^[3]

The foregoing Compromise Agreement,
not being contrary to law, public policy or good morals and customs, is hereby approved.

WHEREFORE, judgment is rendered in accordance with the
Compromise Agreement and the parties are ordered to comply with the terms
thereof.  The case is remanded to the trial
court for further proceedings for the issuance of a decree of registration
pursuant to the Compromise Agreement.

SO ORDERED.

Teehankee, (Chairman), Acting C.J.,
Guerrero, De Castro, and Melencio-Herrera, JJ., concur.

Makasiar, J., no part.

^[1]
Rollo, pp. 42-43.

^[2]
Rollo, pp. 237-238.

^[3]
Rollo, pp. 239-244.