ROSENDO MENESES, JR., PETITIONER, VS. COURT OF APPEALS, FRANCISCO MENESES AND CECILIA MENESES, REPRESENTED BY THEIR MOTHER AND GUARDIAN, AURORA IRENE C. VDA. DE MENESES, ETC., R…

The parties herein have filed a compromise agreement of their
controversy as shown by the Quitclaim and Waiver of Rights, quoted
herein below, praying that the same be approved by the Court, to wit:

Q U I T C L A I M

KNOW ALL MEN BY THESE PRESENTS:

This QUITCLAIM made and executed by CECILIA MENESES and FRANCISCO
MENESES, both of legal age, Filipino and residing at Mahiyain Street,
Teachers Village, Quezon City, in favor of their brother, ROSENDO
MENESES, JR., likewise of legal age, widower, Filipino citizen and
residing at 7th Avenue, Grace Park, Caloocan City,

W I T N E S S E T H:

1.) That the late ROSENDO MENESES, SR., is the legitimate son of
the late RAMON MENESES and CARMEN RODRIQUEZ, whom he predeceased having
died on October 16, 1960, January 2, 1969 and January 9, 1972,
respectively.

2.) That the decedents left several real properties which
properties are the subject of judicial partition in Special Proceeding
No. 83081 entitled IN THE MATTER OF THE INTESTATE ESTATE OF RAMON
MENESES AND CARMEN RODRIGUEZ before the Court of First Instance of
Manila, Branch XXII (now Regional Trial Court of Manila, Branch XXII).

3.) That CECILIA MENESES AND FRANCISCO MENESES are hereby
voluntarily renouncing in favor of their brother ROSENDO MENESES, JR.,
whatever shares, rights, interests and participation if any, from the
estates of the deceased, RAMON MENESES AND CARMEN RODRIGUEZ.

4.) That the appealed case in the Supreme Court, G.R. No. 55006, now pending in said court is hereby considered terminated.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this 13th day of September, 1983 at Manila.

(Sgd.) CECILIA MENESES	(Sgd.) FRANCISCO MENESES
Party	Party
(Acknowledgment omitted.)

WAIVER OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

This WAIVER OF RIGHTS, made and entered into by and between:

ROSENDO J. MENESES, JR., of legal age, widower, Filipino and residing at 7th Avenue, Grace Park, Caloocan City.

CECILIA C. MENESES, of legal age, Filipino and residing at 14-C Mahiyain Street, Teachers Village, Quezon City,

FRANCISCO C. MENESES, of legal age, single, Filipino and residing at 14-C Mahiyain Street, Teachers Village, Quezon City.

DECLARE AND MAKE MANIFEST:

1. That ROSENDO MENESES, SR., is the legitimate son of the late RAMON MENESES AND CARMEN RODRIGUEZ whom he predecease;

2. That the said ROSENDO MENESES, SR., died in Tayabas Street,
Sta. Cruz, Manila, which was his residence at the time of his death on
October 16, 1960, without leaving any will and RAMON MENESES and CARMEN
RODRIGUEZ who died on January 2, 1969 in the Province of Bulacan and
January 9, 1972 in Makati Medical Center, Metro Manila respectively;

3. That the deceased left several real and personal properties,
who both died intestate and their estates are the subject of judicial
partition in Special Proceeding No. 83081 entitled IN THE MATTER OF THE
INTESTATE ESTATE OF RAMON MENESES and CARMEN RODRIGUEZ before the Court
of First Instance of Manila, Branch XXII (now Regional trial Court of
Manila, Branch XXII);

4. That CECILIA C. MENESES and FRANCISCO C. MENESES have executed
in Quitclaim, which instrument had been notarized by Notary Public
Francisco Calimag of Manila and evidenced in his Notarial Registry as
Doc. No. 105, Page No. 22, Book No. V, Series of 1983, whereby they have
voluntary (sic) waived and renounced in favor of their brother, ROSENDO
MENESES, JR. all the properties in the estates of the RAMON MENESES AND
CARMEN RODRIGUEZ;

5. That ROSENDO J. MENESES, JR. do hereby by these presents,
waive in favor of CECILIA C. MENESES and RANCISCO C. MENESES, all the
real and personal properties from the estate of RAMON MENESES AND CARMEN
RODRIGUEZ except the parcels of land from the aforesaid estates,
covered by Transfer Certificate of title No. 23080 of the Registry of
Deeds of Quezon City and 1/2 share pro-indiviso of a fishpond situated
in San Nicolas, Bulacan, Bulacan and covered by transfer Certificate of
Title No. 24941 of the Registry of Deeds of Bulacan, both of which has
previously been adjudicated;

6. That the parties hereby voluntarily and spontaneously concur
in renouncing and/or waiving in favor of one another any inequalities
that may result therefrom;

7. That the appealed case in the Supreme Court, G.R. No. 55006,
now pending in said court is hereby considered terminated.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this 13th day of September 1983, at Manila.

(Sgd.) ROSENDO J. MENESES, JR.		(Sgd.) CECILIA C. MENESES
Party		Party
	(Sgd.) FRANCISCO C. MENESES
	Party
(Acknowledgment omitted.)

WHEREFORE, finding the aforequoted quitclaim and waiver of rights not
being contrary to law, morals or public policy, the Court hereby
approves the same and renders judgment in accordance therewith. The
parties are hereby enjoined to comply strictly with its terms and
stipulations. No costs.
SO ORDERED.

Makasiar, (Chairman), Concepcion, Jr., Guerrero, and Abad Santos, JJ., concur.

Aquino and Escolin, JJ., no part.