G.R. No. 62023. November 29, 1983
G & S CORPORATION, PETITIONER, VS. THE HONORABLE COURT OF APPEALS AND INTEGRATED REALTY CORPORATION, RESPONDENTS.
PLANA, J.:
In this appealed ejectment case, the parties, including Dataprep
(Phil.), Inc., have filed the following:
“MOTION
FOR JUDGMENT ON A COMPROMISE AGREEMENT
“PETITIONER, private respondent Integrated Realty Corporation,
and Dataprep (Philippines) Inc., duly assisted by their respective counsel,
respectfully state that they have entered into a Compromise Agreement under the
following terms and conditions:
1
“While Dataprep (Phil.) Inc. was not originally a party in this case, however, for all legal intents and purposes it is voluntarily submitted itself to
the jurisdiction of this Honorable Court in order that it be made a party in this
case;
2
“Petitioner and Dataprep (Phil.) Inc. accept and admit their
liability to private respondent Integrated Realty Corporation in the principal amount of TWO HUNDRED
NINETY SEVEN THOUSAND THIRTY AND 98/100 PESOS (P297,030.98);
3
“Petitioner and
Dataprep (Phil.) Inc. will pay jointly and severally, the principal amount of TWO HUNDRED NINETY SEVEN
THOUSAND THIRTY AND 98/100 PESOS (P297,030.98) in the following manner:
a) The sum of SIXTY SEVEN THOUSAND THIRTY AND
98/100 PESOS in two (2) equal installments of THIRTY THREE THOUSAND FIVE
HUNDRED FIFTEEN AND 49/100 PESOS (P33,515.49), the first installment to be paid
on or before October 31, 1983 and the second installment to be paid on or
before November 30, 1983. The amount of
these installments will be covered by postdated checks to be issued by Dataprep
(Phil.) Inc. to Integrated Realty Corporation;
b) The amount of TWO HUNDRED THIRTY THOUSAND
PESOS (P230,000.00) to be paid in fifteen (15) installments, as follows:
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at the Office of private respondent
Integrated Realty Corporation, 100 Buendia Avenue, Makati, Metro Manila; All of
the aforesaid installments shall be covered by postdated checks to be issued by
Dataprep (Phil.) Inc. to Integrated
Realty Corporation;
4
“Petitioner will pay
SEVENTY FIVE THOUSAND PESOS (075,000.00) attorney’s fees, now with a remaining
balance of FIFTY THOUSAND PESOS (P50,000.00) payable as follows: (corresponding postdated checks were already recieved by counsels and duly
receipted by the lawyers of private respondent Integrated Realty Corporation):
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5
“Upon execution bf this Compromise Agreement, Integrated
Realty Corporation and Dataprep (Phil.) Inc. shall sign a new contract of lease
for the space being occupied by the latter under terms and conditions
previously agreed upon by the two parties, starting October 1; 1983;
6
“Other than the obligations herein set forth, the parties
hereby waive, renounce and quitclaim all claims and counterclaims against each
other by virtue of the transactions subject matter of the instant case and the
filing of the instant proceedings before the former Municipal Court of
Mandaluyong, the former Court of First Instance of Pasig, the former Court of
Appeals and this Honorable Court;
7
“This Compromise Agreement shall represent the respective
rights and obligations of the parties and shall be considered to have
superseded the terms of the Decision of the Court of Appeals promulgated on
June 23, 1982 which is the subject matter of the instant appeal to this
Honorable Court;
8
“Petitioner and Dataprep (Phil.) bind themselves to comply
fully with the terms and conditions herein stated and if at any time they
violate any of the obligations they have assumed under-this Compromise
Agreement, the whole balance shall automatically become due and demandable and
execution shall be issued for the payment of the entire balance remaining
unpaid.
“WHEREFORE, Petitioner, Dataprep (Philippines) Inc. and
private respondent Integrated Realty Corporation pray that judgment be rendered
based on the foregoing compromise agreement.
“Makati, Metro Manila. October , 1983.
“G
& S CORPORATION DATAPREP
(PHILIPPINES) INC.
Petitioner
By: By:
(SGD.) ROBERTO S. GUEVARA (SGD.)
AUGUSTO C. LAGMAN
President
President
INTEGRATED REALTY
CORPORATION
Private
Respondents
By:
(SGD.) ILLEGIBLE
ASSISTED BY:
(SGD.) MANUEL R. SINGSON (SGD.)
EMILIANO S. SAMSON
Counsel for the Counsel for Private
Petitioner and Respondent”
Dataprep (Phil.) Inc.
Finding the above compromise agreement not contrary to law, public order, public policy,
morals or good customs, the same is approved. Judgment is hereby rendered incorporating
terms and conditions specified in the said compromise agreement. The parties are hereby enjoined to comply
therewith in good faith. No
pronouncement as to costs.
SO ORDERED.
Teehankee, (Chairman), Melencio-Herrera, Relova, and Gutierrez, Jr., JJ., concur.