ESTELITA GRAVADOR, PETITIONER, VS. HON. JESUS M. ELBINIAS, AS PRESIDING JUDGE OF THE COURT OF FIRST INSTANCE OF BULACAN, BRANCH V, MARIANO MANUEL AND GREGORIO ESPIRITU, RESPONDE…

This is a petition for review on certiorari of the orders issued by the respondent judge
on November 7, 1980 and May 14, 1981, in Civil Case No. SM-1081 of the Court of
First Instance of Bulacan, entitled:  “Mariano Manuel and Gregorio Espiritu, petitioners, versus The Hon. Nicasio V. Bartolome, etc., et
al., respondents,” which nullified all the pro­ceedings in the Municipal
Court of Sta. Maria, Bulacan, including the decisions and writs of execution
issued in Civil Case Nos. 337 and 338 of said court, entitled:  “Estelita Gravador, plaintiff, versus Mariano Manuel,
defendant,” and Estelita Gravador,
plaintiff, versus Gregorio Espiritu,
defendant,” respectively, and dismissed said Civil Case Nos. 337 and 338.

After this case had been
submitted for decision, or on August 3, 1983, the parties, assisted by their counsel,
submitted a compromise agreement to terminate this case, which reads, as
follows:

“COMPROMISE
AGREEMENT

COME NOW the petitioner and private respon­dents, assisted by their
respective counsel, and to this Honorable Supreme Court respectfully manifest
and submit the following Compromise Agreement:

1.    That petitioner and private respondents
desire to end their long-drawn controversy arising from, and involving, the
land in liti­gation, and to restore their old relations.

2.    That for the purpose of achieving peace and
termination of this litigation, pri­vate respondents are relinquishing the
possession of the land subject matter of this case in favor of petitioner, Estelita Gravador, as in fact,
private respondents had already vacated the land, and they are recognizing the
ownership of said petitioner, including her right of possession, over the same.

3.    That petitioner, in turn, and as a ma­nifestation
of goodwill to the private respondents, had compensated them for whatever
damages, claims or improvements they introduced in the land, to the full
satisfaction of said private respondents.

4.    That in view of the settlement arrived at by
petitioner and private respondents, they agree to
file, jointly, with this Honorable Court, a petition in the form of a
Compromise Agreement, to render
judgment in accordance herewith.

WHEREFORE, petitioner and private respon­dents respectfully pray
that the foregoing Compromise Agreement be approved.

Sta. Maria, Bulacan, August 3, 1983.

(Sgd.) ESTELITA GRAVADOR

Petitioner

Assisted by:

(Sgd.) NELLY M. AQUINO

Counsel for the
Petitioner

227 Palanan, Valenzuela

Metro Manila

(Sgd.)
MARIANO MANUEL                                                                                                       (Sgd.) GREGORIO
ESPIRITU

Private Respondent                                                                                                                   Private Respondent

A
s s i s t e d   b y:

(Sgd.) EUSTAQUIO F. EVANGELISTA

Counsel
for the Private Respondents

105
Gen. Luna St.

Poblacion, Sta. Maria

Bulacan“

WHEREFORE, the above
compromise agreement not being contrary to law, morals, and public policy, is hereby APPROVED.  Judgment is consequently rendered in accordance therewith and the parties are enjoined to comply with, and
abide by, its terms and conditions.

SO ORDERED.

Makasiar, (Chairman), Aquino, Guerrero, Abad Santos, De
Castro, and Escolin,
JJ., concur.