THE REPUBLIC OF THE PHILIPPINES, (MINISTRY OF PUBLIC HIGHWAYS) PETITIONER, VS. HON. IGNACIO M. CAPULONG, IN HIS CAPACITY AS PRESIDING JUDGE, COURT OF FIRST INSTANCE OF PAMPANGA,…

The parties, assisted by their respective counsels, have filed
under date of June 19, 1981
a Manifestation and Motion, with the thereto attached Compromise Agreement
dated May 19, 1981,
providing as follows:

“MANIFESTATION
AND MOTION

“COMES NOW the petitioner, through the undersigned counsel,
and to this Honorable Court respectfully states that:

“1.  In the Resolution dated April 24, 1981, petitioner was required to reply
to private respondent’s Comment dated March
16, 1981;

“2.  The period to reply to private respondent’s
comment expires on June 24, 1981;

“3.  However, petitioner and private respondent
have executed the attached Compromise
Agreement dated May 19, 1981, seventeen (17) copies of which are hereto
attached;

“WHEREFORE, it is respectfully prayed that the attached Compromise Agreement dated May 19, 1981 be approved and judgment be rendered on the
basis thereof.

“Manila, June 19, 1981.

(Sgd.) Estelito P. Mendoza

“Copy
furnished and                                                                                                               (Typed)
ESTELITO P. MENDOZA

Solicitor General

CONFORME:

(Sgd.)    Ernesto L. Pineda                                                                                                     (Sgd.) Octavio R. Ramirez

(Typed) Atty. Ernesto L. Pineda                                                                                              (Typed)
OCTAVIO R. RAMIREZ

Counsel for the
Archbishop                                                                                           Assistant
Solicitor General

of
San Fernando Pampanga,

Suite
501 Trinity Bldg., T.M.                                                                                      (Sgd.) Mariano M. Martinez

Kalaw, Ermita, Manila                                                                                                (Typed)
MARIANO M. MARTINEZ

Solicitor”

“COMPROMISE
AGREEMENT

“COME NOW petitioner Republic of the Philippines, represented
by the Minister of Public Highways, and private respondent Roman Catholic
Archbishop of San Fernando, in the above-captioned case, assisted by their
respective counsel, and to this Honorable Supreme Court respectfully submit the
following Compromise Agreement:

“1.  That after trial and submission by the parties
of memoranda in Civil Case No. 5273 (now G.R. No. L-55063) entitled
“The Roman Catholic Archbishop of San Fernando vs. Ministry of Public
Highways, represented by Minister Vicente T. Paterno,
Commission on Audit, represented by Francisco Tantuico,
and Office of the City Engineer of Angeles City, represented by the City
Engineer of Angeles City”, respondent Judge Ignacio M. Capulong
rendered a Decision dated July 15, 1980, the dispositive
portion of which reads, as follows:

‘WHEREFORE, in view of the foregoing, judgment is hereby rendered
ordering:

‘1.  the defendant Ministry of Public Highways to
pay plaintiff six percent (6%) interest on the purchase price of P283,536.00
covering a period of 20 years, 2 months and 16 days with legal interest from
the filing of this case until actual paid;

‘2.  the defendant Ministry of Public Highways to
pay plaintiff attorney’s fees equivalent to ten percent (10%) of the aforesaid
sum mentioned in No. 1; and

‘3.  to pay the costs of
suit’

“2.  That respondent Roman Catholic Archbishop of
San Fernando agrees to be paid only six percent (6%) per annum interest on the
purchase price of P283,536.00 covering the period from December 2, 1955 when
the properties were taken for public use until February 18, 1976, when the
purchase price was paid, or a period of 20 years, 2 months and 16 days or the amount of P343,781.72,
and waives or abandones the rest of the awards in the judgment of respondent
Judge Capulong for legal interest from the filing of
this case until actual payment, attorney’s fees and costs of suit.

“3.  That petitioner Republic of the Philippines
(Ministry of Public Highways) agrees to pay respondent Roman Catholic
Archbishop of San Fernando the
above amount of P343,781.72.

“4.  That payment of the said amount by the
Ministry of Public Highways to the Roman Catholic Archbishop of San
Fernando shall be subject to existing government rules
and regulations.

“5.  That this Compromise Agreement shall constitute
the final and complete settlement of the above-mentioned case by and between
the herein parties.

“WHEREFORE, it is respectfully prayed of this Honorable
Supreme Court that this Compromise Agreement be approved and that decision be
rendered on the basis thereof.

“Manila, May 19, 1981.

“The Roman
Catholic Archbishop of San Fernando                                                              Ministry
of Public Highways

BY:                                                                                                                                           By:

(Sgd.) Oscar V. Cruz                                                                                                              (Sgd.) Jesus S. Hipolito

(Typed) Most
Rev. OSCAR V. CRUZ, J.C.D., D.D.                                                               (Typed)
JESUS S. HIPOLITO

Incumbent
Archbishop            Minister

Assisted by:                                                                                                                  Assisted
by:

(Sgd.) Ernesto Pineda                                                                                                            (Sgd.) Estelito P. Mendoza

(Typed) Atty.
ERNESTO PINEDA                                                                                           (Typed)
ESTELITO P. MENDOZA

Counsel for the
Roman                                                                                                                       Solicitor
General

Catholic Archbishop of

San
Fernando                                                                                                                         (Sgd.) Octavio R. Ramirez

(Typed) OCTAVIO R.
RAMIREZ

Assistant
Solicitor General

(Sgd.) Mariano M. Martinez

(Typed) MARIANO M. MARTINEZ

Solicitor”

The Court finds the above-reproduced Compromise Agreement to be
proper and in order and therefore approves the same.

ACCORDINGLY, as prayed for by the parties, with the
assistance of their respective counsels, the Court hereby renders judgment
approving the above-reproduced Compromise Agreement and enjoins compliance by
the parties in accordance with the terms thereof.

Makasiar, Fernandez, Guerrero, and Melencio-Herrera,
JJ., concur.