G.R. NO. 139448 - JACINTO GALANG, GREGORIA GALANG AND MARISSA GALANG, VS. HON. COURT OF APPEALS, INES CAMAGANAKAN, ANTONIO CAMAGANAKAN, MARITA CAMAGANAKAN AND BELINDA CAMAGANAKAN.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Galangs withdrew SEC Case No. 08-93-45567. However, on 24 February 1994, the Galangs filed a petition for mandamus against Lamberto with the SEC (SEC Case No. 02-94-4697), which sought, among other remedies, Lamberto to pay damages. [7] On 03 May 1995, Lamberto entered into a compromise settlement with the Galangs in SEC Case No. 02-94-4697 which agreement was embodied in a "Joint Motion for Approval of Compromise Agreement" dated 03 May 1995. [8] The agreement stipulated the terms of the payments to be made by Lamberto on the shares of stock of the Galangs earlier sold to him. [9] On 09 May 1995, Ines, Honorato, Marita, Cecilia, Belinda, Mario, Aniceto and Antonio, all surnamed Camaganakan, executed a Special Power of Attorney (SPA) authorizing Lamberto to (a) acquire CGP shares of stock of the Galang family in their behalf; and (b) to enter into a compromise agreement in SEC Case No. 02-94-4697 (the case for mandamus ). [10] Thus, on 16 May 1995, the SEC issued a "Judgment By Compromise Agreement." [11] About a year later, in a MOA dated 30 May 1996 between Lamberto and CGP (referred collectively in the MOA as "Camaganakans") and the Galangs, certain conditions in the Compromise Agreement dated 03 May 1995 were revised. [12] Said agreement was signed by Jacinto, Gregoria and Marissa Galang on one hand, and by Lamberto, for himself, and Nilda Santos, ostensibly representing CGP, on the other. [13] The same was submitted to the SEC for which Hearing Officer Enrique L. Flores issued an Order dated 18 June 1996 approving the same and rendering judgment in SEC Case No. 02-94-4697 on the basis thereof. [14] Almost a year thereafter, or on 11 April 1997, it was CGP's turn to file a case before the SEC. CGP filed a petition for annulment of the compromise agreement claiming that Lamberto had no authority to involve it in the compromise agreement in SEC Case No. 02-94-4697 and prayed that the petition, docketed as SEC Case No. 04-97-5608, be consolidated with SEC Case No. 02-94-4697. [15] The petition was verified by herein private respondent Ines Camaganakan as President of CGP. [16] Meanwhile, Lamberto failed to comply with his obligations contained in the Compromise Agreement dated 30 May 1996. Hence, on 18 April 1997, Hearing Officer Rosalina Tividad-Tesoro issued an Order entering the Judgment by Compromise in the Judgment Book of the SEC and issuing a writ of execution to implement said agreement. [17] The writ of execution was issued likewise on 18 April 1997. [18] On 28 April 1997, CGP filed another case in the SEC, this time, a petition for certiorari with prayer for temporary restraining order (TRO)/writ of preliminary injunction docketed as SEC EB Case No. 550 which sought to annul the 18 April 1997 Order. [19] CGP specifically questioned its inclusion in the judgment of compromise. On 05 February 1998, the SEC came out with a decision in SEC EB Case No. 550, where it held that the compromise agreement between the Galangs and