G.R. No. 144492 - LUWALHATI R. ANTONINO, VS. HON. OMBUDSMAN ANIANO A. DESIERTO, ROSALITA T. NUÑEZ, AUGUSTUS L. MOMONGAN, JUDGE ABEDNEGO O. ADRE, PEDRO G. NALANGAN, ASTERIA E. CRUZABRA, JULIO C. DIAZ AND AGAPITO BORINAGA.DECISION - Supreme Court E-Library

Ruling

ACCORDINGLY, finding the foregoing "Compromise Agreement" in conformity with Article 6 in correlation with Article 1306 of the Civil Code of the Philippines, the same is hereby APPROVED and ADOPTED as judgment in these cases. The parties are enjoined to faithfully comply therewith. A Writ of Execution was accordingly issued on November 28, 1995. However, on July 22, 1997, acting upon the "Motion for Exclusion of an Extraneous Subject from the Coverage of the Judgment thereof" and the "Motion for Issuance of Clarificatory Order" submitted by the Heirs of Cabalo Kusop and jointly by CENR Officer and Regional Technical Director of DENR, respectively, respondent Judge issued another Order [assailed RTC Order] (Record, pp. 53-59) in the above-cited three cases, stating that: ACCORDINGLY, based on all the foregoing facts, law and jurisprudence, the motion for exclusion of Lot X, MR-1160-D comprising an area of 15,020 SQUARE METERS is GRANTED. The movants heirs of Kusop are, however, enjoined to donate to the City of General Santos in keeping with the intent and spirit of the compromise agreement. On July 23, 1997, the following private respondents applied for Miscellaneous Sales Patent over portions of Lot X, to be divided as follows (refer to affidavits, Record, pp. 60-75): Applicants Area applied 1. Mad Guaybar - 999 sq. m.; 2. Oliver Guaybar - 999 sq. m.; 3. Jonathan Guaybar - 999 sq. m.; 4. Alex Guaybar - 999 sq. m.; 5. Jack Guiwan - 999 sq. m.; 6. Nicolas Ynot - 999 sq. m.; 7. Carlito Flaviano III - 999 sq. m.; 8. Jolito Poralan - 999 sq. m.; 9. Miguela Cabi-ao - 999 sq. m.; 10. Jose Rommel Saludar - 999 sq. m.; 11. Joel Teves - 999 sq. m.; 12. Rico Altizo - 999 sq. m.; 13. Johnny Medillo - 999 sq. m.; 14. Martin Saycon - 999 sq. m.; 15. Arsenio delos Reyes, Jr. - 510 sq. m.; and, 16. Jose Bomez - 524 sq. m. The following day, July 24, 1997, public respondent Cesar Jonillo, as Deputy Land Management Inspector, recommended for the approval of the survey authority requested by the above-named private respondents for Lot X (Record, p. 418). Within the same day, the Survey Authority was issued to private respondents by public respondent CENR Officer Renato Rivera (Record, p. 419). As a result of which, Lot X was subdivided into 16 lots (refer to subdivision plan, Record, p. 32). On August 2, 1997, respondent City Mayor Rosalita T. Nuñez, assisted by respondent City Legal Officer Pedro Nalangan III issued 1 st Indorsements (refer to application documents, Record, pp. 421-500) addressed to CENRO, DENR for portions of Lot X applied by private respondents and stated therein that " this office interposes no objection to whatever legal proceedings your office may pursue on application covering portions thereof after the Regional Trial Court, General Santos City, Branch 22 excluded Lot X, MR-1160-D from the coverage of the Compromise Judgment dated May 6, 1992 per said court's order dated July 22, 1997." Thereupon, public respondents Cesar Jonillo and City A