Jureidini Vs CA
Jureidini Vs CA
Jureidini Vs CA
SUPREME COURT
Manila
FIRST DIVISION
G.R. No. L-39958 May 11, 1978
JESUS D. JUREIDINI, petitioner,
vs.
THE COURT OF APPEALS and NAZARIO CLARENCE JUREIDINI,
represented by his mother LUZ RODRIGUEZ, respondents.
Taada, Sanchez, Taada & Taada and Felipe G. Tac-an for petitioner.
Fernandez, Arroyo, Acsay, Barin, & Ortile, S. Villaluz Law Office and Luisito S.
Villanueva for private respondent.
MAKASIAR, J.:
Within the extended period for petitioner to file his brief in the above-entitled
case, private respondent, thru his counsel, Atty. Luisito Villanueva,
simultaneously filed before this Court, on August 5, 1976, an amicable
compromise agreement and an appearance, both dated August 2, 1976,
furnishing a copy thereof to each of the counsel of record of petitioner, and
to Attys. Estanislao A. Fernandez, Arroyo, Acsay, Barin and Ortile and
Sisenando Villaluz Law Office, Suit 804 JMT Bldg., Ayala Avenue, Makati,
Metro Manila counsel for private respondent (pp. 381, 383-385, rec.). The
amicable compromise agreement which was signed by Nazario Clarence
Jureidini, private respondent, assisted by his counsel, Luisito S. Villanueva,
and by Jesus D. Jureidini, petitioner, assisted by his counsel, Conrado V.
Sanchez and Felipe G. Tac-an, and verified under oath before Hon. Melecio A.
Genato, Presiding Judge, Branch 1, Court of First Instance of Misamis
Occidental at Oroquieta City, runs as follows:
AMICABLE COMPROMISE AGREEMENT
COME NOW the parties, assisted by their respective counsels, and to this
Honorable Court, respectfully submit this AMICABLE COMPROMISE
AGREEMENT to be made as basis for the Decision in the above-entitled case,
to wit:
1. That private respondent Nazario Clarence Jureidini is now of legal age and is
not suffering from any incapacity to enter into a contract, and that he has
entered into this agreement in his own personal capacity,
2. That the parties have agreed to settle and terminate this case No. G.R. No.
L-39958 before this Honorable Court, including the case under CA-G.R. No.
40441-R, Court of Appeals, and Civil Case No. OZ (118), Court of First
Instance, Branch II, Misamis Occidental;
3. That for and in consideration of this amicable compromise agreement, the
parties have agreed that petitioner Jesus D. Jureidini shall pay, as in fact he
has already paid to private respondent Nazario Clarence Jureidini the amount
of ONE HUNDRED THOUSAND PESOS (P100,000.00), Philippine Currency;
4. That private respondent Nazario Clarence Jureidini does hereby
acknowledge receipt, to his entire satisfaction, of the aforesaid sum of ONE
HUNDRED THOUSAND PESOS (P100,000.00), Philippine Currency, from
petitioner;
5. That by virtue of the agreement, private respondent Nazario Clarence
Jureidini does hereby renounce, repudiate, waive and quitclaim, now and
moreover, in favor of petitioner Jesus D. Jureidini whatever rights, interests,
claims, title, and participations he has in the estate, real personal and/or
whatever nature, left by the deceased Nazario S. Jureidini;
6. The parties do hereby agree to waive, relinquish and abandon, whatever
claims and counterclaims they have against each other in the aforesaid cases.
WHEREFORE, it is respectively prayed that judgment be rendered in
accordance with this Amicable Compromise Agreement, without costs.
At Oroquieta City (for Manila), August 2, 1976.
(SGD) NAZARIO-CLARENCE JUREIDINI Private Respondent Plaridel. Misamis
Occidental
(SGD) JESUS D. JUREIDINI Petitioner Ozamis City
WITH OUR ASSISTANCE
(SGD) LUISITO S. VILLANUEVA
Counsel for Private Respondent
Calamba, Misamis Occidental
PTRNo. 3395909
January 2, 1976
Calamba, Mis. Occ.
TAN No. 2638380-2
CONRADO V. SANCHEZ
and
FELIPE G. TAC-AN
Counsel for Petitioner
By:
(SGD) FELIPE G, TAC-AN
Oroquieta City
PTR No. 7791769 TJan 13/76
Oroquieta City
TAN No. 1556-436-2
Court, with the consent and authority of the private respondent as may be
shown therein. ...
ONE-HALF (1/2) PORTION OF THE TOTAL SHARE OF THE FIRST PARTY OF THE
MONIES, PROPERTIES AND ALL OTHER KINDS OR NATURE WHATSOEVER
ADJUDICATED TO THE FIRST PARTY, including damages awarded and interests
due thereon as based and computed in the final promulgation of the decision
in said Civil Case mentioned herein.