G.R. No. 58579. August 24, 1984
CECILIA ELIZALDE-LANDEGGER, PETITIONER, VS. COURT OF APPEALS, COURT OF FIRST INSTANCE OF MANILA, MANUEL ELIZALDE, ELIZALDE & CO., INC., METROPOLITAN INSURANCE CO., TANDUAY DISTI…
AQUINO, J.:
& Co., Inc. and its subsidiaries in connection with the testate
estate of Joaquin M. Elizalde. The petitioner, a resident of New York,
is a daughter of Joaquin.
The examination was allowed in the order of the Court of First Instance
of Manila dated February 13, 1979 for the limited purpose of identifying
the assets and excluding inquiry into evidence of possible frauds. The
Court of Appeals sustained that order in its decision of July 16, 1981.
The petitioner appealed to this Court.
After submission of the briefs or on July 3, 1984, the private
respondents filed a motion to dismiss the appeal with prejudice because
the parties had reached an amicable settlement executed on May 16 and
May 27, 1983 at Makati, Metro Manila and in New York. Among the
stipulations of the agreement found in paragraph 3 thereof is that
petitioner Cecilia Elizalde-Landegger should withdraw the instant
petition for review.
Petitioner’s counsel in a manifestation dated July 27, 1984 offered no objection to the motion.
WHEREFORE, this case is dismissed with prejudice and without costs.
SO ORDERED.
Concepcion, Jr., Guerrero, Plana[*] , and Gutierrez, Jr.[*] , JJ., concur.
Makasiar, J., (Chairman), on leave.
Abad Santos, J., reserves his vote.
Escolin and Cuevas, JJ., did not take part.
[*] Designated to sit in the Second Division.