G.R. No. 177346 , April 21, 2009
GUILLERMO PERCIANO, JR., Petitioner, vs. HEIRS OF PROCOPIO TUMBALI, represented by Lydia Tumbali, Respondents

FACTS

1. In Civil Case No. 2603 for Reconveyance with Damages, the Regional Trial Court (RTC) of Tuguegarao City dismissed the complaint filed by plaintiffs Enrica and Sofia Garunay. The RTC also granted the counterclaim of the defendants (heirs of spouses Vicente Coballes and Juana Matammu) and ordered the plaintiffs to vacate the disputed property in Buntun, Tuguegarao City, with an area of 9,394 square meters.
2. During the defendants’ attempt to execute the RTC decision, it was discovered that petitioner Guillermo Perciano, Jr., who was not a party to Civil Case No. 2603, was occupying a portion of the subject property.
3. Petitioner filed a special civil action for certiorari with the Court of Appeals (CA), praying for a temporary restraining order and a writ of preliminary injunction. The CA denied the petition for lack of merit.
4. Petitioner then filed a petition for review on certiorari with the Supreme Court. Pending resolution, the parties submitted a Compromise Agreement dated September 2008.
5. The Compromise Agreement stipulated that: (a) petitioner acknowledges the absolute ownership and right of possession of respondent Lydia Tumbali over the land covered by TCT No. T-67236; (b) respondent Tumbali cedes, transfers, and conveys 208 square meters of the southern portion of the land to petitioner; (c) Tumbali shall cause the transfer of title of the 208-square-meter portion to petitioner’s name at her expense; (d) petitioner shall relocate his house once the title is transferred and the owner’s duplicate certificate is delivered to him; and (e) both parties waive their claims for damages.
6. Attached to the Compromise Agreement was a Deed of Reconveyance executed by Lydia Tumbali, as registered owner, acknowledging petitioner’s ownership over the 208-square-meter portion.
7. The Court required Tumbali to submit written authority to enter into the Compromise Agreement on behalf of the other respondents. Tumbali filed a Manifestation and Motion, requesting to dispense with the submission of authority because the property was already titled and registered in her name (TCT No. T-67236) since June 2, 1986, by virtue of an extrajudicial settlement among the heirs of Procopio Tumbali. A certified true copy of TCT No. T-67236 was attached.

ISSUE

Whether the Compromise Agreement dated September 2008 between the parties should be approved by the Court.

RULING

The Supreme Court APPROVED the Compromise Agreement and rendered judgment in accordance with its terms. The Court found the Compromise Agreement to be in order and not contrary to law, morals, good customs, and public policy. The parties were enjoined to comply strictly and in good faith with the terms and conditions stipulated therein.