CARLOS PO AND TEE SEE, PETITIONERS, VS. EMETERIO YU, REPRESENTING THE HEIRS OF YU TIONG, ONG OH, ANITA ABELLANOSA, PATROCINIO YU AND COURT OF APPEALS, RESPONDENTS.

The petitioners appealed from the decision of the Court of
Appeals dated April 10, 1981,
setting aside the order of the Court of First Instance of Cebu
dated February 28, 1979,
remanding two ejectment cases to the city court of Cebu City for further proceedings, and affirming the
judgment of the city court (Yu vs. Po, CA-G.R. No. SP-09263).

In this Court’s resolution of August 16, 1982, the respondents were required to comment
on the petition for review.

On September 24, 1982
the parties mailed to this Court their compromise agreement dated September 8, 1982 with a motion for its approval.  The agreement is quoted below:

“COMPROMISE
AGREEMENT

“COME NOW the parties in this case, represented by their
respective counsel, and to this Honorable Court, most respectfully submit the
following Compromise Agreement:

“1.     That the private
respondents will withdraw and move for the dismissal of Civil Case No. R-18680 of the City Court of Cebu as well
as Civil Case No. R-18679;

“2.     That the petitioners
in turn will withdraw and move, as they hereby withdraw and move for the
dismissal of their petition for review which they filed with this Honorable
Court;

“3.     That the parties agree
that the petitioners Tee See, and Carlos Po, represented by TLP Appliances,
through its officer-in-charge, Eduardo Po, will pay rentals to private
respondents of P4,500.00 per month per unit or per store space for two (2)
years beginning July, 1982 up to June, 1984; for two units or store spaces,
P9,000.00 per month plus P500.00 per month for the one-half (1/2) bodega space
located at Manalili Street, Cebu
City; or a total of P9,500.00/month;

“4.     That after the
expiration of said period and the said petitioners continue to occupy the
leased premises, the rental shall automatically be increased by 10% for the
next two-year period;

“5.     That after the
expiration of the next two-year period and the petitioners still desire to
occupy the leased premises, then they may do so upon such terms and conditions
that they may agree with the private respondents;

“6.     That the herein
petitioners who are required to pay their rentals to herein private respondents
shall pay their rentals to the following: 
Patrocinio Yu, 25%; Anita Abellanosa,
25% and Ong Oh, 50%;

“7.     That all minor repairs
and expenses for the improvement or renovation of the rented premises shall be
for the account of the petitioners including the day to day repair or ordinary
wear and tear of the rented premises. 
However, major repairs of damages like the ones occasioned by calamities
like earthquakes, heavy floods, which make the place unfit for business purposes
shall be for the account of the respondent;

“8.     Petitioners may not
sublease their rented premises without the consent of the respondents;

“9.     That they will pay to
the private respondents upon the signing of this agreement the sum of P2,000.00
as earnest money to be applied to the rentals for September, 1982;

“10.   That the Compromise
Agreement is without prejudice to the outcome of other cases pending between
the parties before the other courts involving the leased premises.

“WHEREFORE, premises considered this Honorable Court is most
respectfully prayed to approve this Compromise Agreement and dismiss the
instant petition on the basis thereof.

“Cebu
City, (for Manila),
September 8, 1982.

TLP APPLIANCES                                       PATROCINIO
YU

Manalili Street

Cebu City

By:                                                                (Sgd.) Anita Abellanosa

(Typed)ANITA ABELLANOSA

(Sgd.) Illegible                                               (Sgd.) Ong Oh

(Typed) EDUARDO PO                               (Typed) ONG OH

Officer-in-Charge

(In representation
of

Tee See and Carlos Po)

ASSISTED BY:                                             ASSISTED
BY:

(Sgd.) Illegible                                               (Sgd.) Illegible

(Typed) PABLO P.
GARCIA                         (Typed)
FRANCIS ZOSA

Counsel for the                                      Counsel
for respondents”

  Petitioners

WHEREFORE, the compromise agreement is approved and
judgment is rendered in accordance therewith. 
This case is dismissed and considered closed.  No costs.

SO ORDERED.

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