Professional Documents
Culture Documents
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693
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*
SECOND DIVISION.
694
694
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695
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696
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That the parties are agreed that in the event the defendant
(private respondent) fails to comply with his obligations herein
provided, the plaintiff (petitioner) will be entitled to the issuance of
a writ of execution rescinding the Deed of Conditional Sale of Real
Property. In such eventuality, defendant (private respondent)
hereby waives his right to appeal to (from) the Order of Rescission
and the Writ of Execution which the Court shall render in
accordance with the stipulations herein provided for.
That in the event of execution all payments made by defendant
(private respondent) will be forfeited in favor of the plaintiff
(petitioner) as liquidated damages.
697
697
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698
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699
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700
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701
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702
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tion:
Considering the allegation in petitioners reply brief that the
Managers Check tendered by private respondent on November 17,
1980 was subsequently cancelled and converted into cash, the Court
RESOLVED to REQUIRE the parties within ten (10) days from
notice to inform the Court whether or not the amount thereof was
deposited in court and whether or not private respondent continued
paying the monthly rental of P1,000.00 stipulated in the
Compromise Agreement.
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703
703
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704
SO ORDERED.
Fernan, Alampay, Gutierrez, Jr., and Paras, JJ.,
concur.
Decision affirmed with modifications.
Notes.A judicial compromise may be enforced by a
writ of execution. If a party fails or refuses to abide by the
compromise, the other party may either enforce the
compromise or regard it as rescinded and insist upon his
original demand. (Canonizado vs. Benitez, 127 SCRA 610.)
Upon approval by the Court of the Compromise
Agreement, the parties are enjoined to comply faithfully
with its terms and conditions and petition is dismissed.
(National Housing Authority vs. Abaya, 129 SCRA 412.)
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o0o
705
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