Sanchez et al. v. CA
G.R. No. 108947
September 29, 1997
ROLANDO SANCHEZ, FLORIDA MIERLY SANCHEZ, ALFREDO T. SANCHEZ and MYRNA T. SANCHEZ, petitioners, vs. THE HONORABLE COURT OF APPEALS, ROSALIA S. LUGOD, ARTURO S. LUGOD, EVELYN LUGODRANISE and ROBERTO S. LUGOD, respondents.
Facts:
Rosalia Lugod is the only child of Juan Sanchez and Maria Villafranca. Her father had illegitimate children, herein petitioners. When Maria Villafranca died, Rosalia petitioned for letters of administration over the estate of her mother and father. Before the proceedings could be closed, Juan Sanchez died. His illegitimate children filed a petition for letters of administration of Sanchez’s properties , which was opposed by Rosalia.
On October 30, 1969, Rosalia and the illegitimate children of her father executed a compromise agreement, assisted by their counsels, wherein they agreed to divide the properties. They did so after four drafts. However, on January 19, 1970, petitioners required Rosalia to deliver a deficiency of 24 hectares and/or to set aside the compromise agreement. They contended that the agreement was invalid because it had not been approved by the court. Later, on April 13, 1970, the parties entered into a memorandum of agreement.
Issue:
Was the compromise agreement valid even without the approval of the court?
Ruling:
Yes. A compromise agreement is defined by Article 2028 of the Civil Code as a contract whereby the parties avoid litigation or end one that has already been commenced by making reciprocal concessions. Since it is a consensual contract, it is perfected upon the meeting of the minds of the parties, and judicial approval is not needed for its perfection. The parties clearly knowingly entered into the contract, it having been signed only after four drafts. In addition, they even entered into a memorandum of agreement that amended the compromise agreement when they realized there were errors in the latter. This clearly shows that they entered into the contract voluntarily.
It's a Ping Thing 