De Guzman v. Ca

11/26/2014
SUPREMECOURTREPORTSANNOTATEDVOLUME137
730
SUPREME COURT REPORTS ANNOTATED

De Guzman vs. Court of Appeals
No. L52733. July 23, 1985
PILAR DE GUZMAN, ROLANDO GESTUVO, and

MINERVA GESTUVO, petitioners, vs. THE HON. COURT
OF APPEALS, THE HON. JUDGE PEDRO JL.
BAUTISTA, Presiding Judge of the Court of First Instance
of Rizal, Branch III, Pasay City, and LEONIDA P. SINGH,
respondents.
Appeal, Compromise Agreements Exceptions to rule that
judgment based on compromise is not appealable.Passing upon
the propriety of the petitioners appeal, the rule is that a
judgment rendered in accordance with a compromise agreement is
not appealable. It is immediately executory unless a motion is
filed to set aside the compromise agreement on the ground of
fraud, mistake or duress, in which case an appeal may be taken
from the order denying the motion.
Same Same Judgments Exceptions to rule that order of
execution of judgment is not appealable.It is also a settled rule
that an order of execution of judgment is not appealable.
However, where such order of execution in the opinion of the
defeated party varies the terms of the judgment and does not
conform to the essence thereof,
________________
*
SECOND DIVISION.
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VOL. 137, JULY 23, 1985

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or when the terms of the judgment are not clear and there is room
for interpretation and the interpretation given by the trial court
as contained in its order of execution is wrong in the opinion of
the defeated party, the latter should be allowed to appeal from
said order so that the Appellate Tribunal may pass upon the
legality and correctness of the said order.
Same Same Same Where the trial court rules that a party
has complied with the compromise agreement, the remedy of the
losing party is to appeal the same.In the instant case, the
legality or enforceability of the compromise agreement or the
decision of the trial court approving the compromise agreement is
not disputed. The parties both want the said compromise
agreement to be implemented. The petitioners question the ruling
of the trial court that the private respondent had complied with
the terms of the compromise agreement. The issue raised, albeit
one of fact, is appealable.
Same Record on appeal no longer required, except in special
proceedings where multiple appeals allowed hence, non
sufficiency of record on appeal is not a ground for dismissal of
appeal.As to the sufficiency of the record on appeal filed by the
petitioners, the rule is that the submission of a record on appeal,
for purposes of appeal, is no longer required as the original record
is elevated to the appellate court, except in appeals in special
proceedings in accordance with Rule 109 of the Rules of Court and
other cases wherein multiple appeals are allowed. Since the
appeal of the petitioners is not one of those mentioned above, the
late filing or insufficiency of the record on appeal filed by the
petitioners is no longer a ground for dismissing their appeal.
Same
Compromise
Agreement
Sales
Obligations
Respondent has substantially complied with the terms of the
agreement although payment of purchase price late by three days,
the delay not being his fault.The record shows that the private
respondent went to the sala of Judge Bautista on the appointed
day to make payment, as agreed upon in their compromise
agreement. But, the petitioners were not there to receive it. Only
the petitioners counsel appeared later, but, he informed the
private respondent that he had no authority to receive and accept
payment. Instead, he invited the private respondent and her
companions to the house of the petitioners to affect payment. But,
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the petitioners were not there either. They were informed that the
petitioner Pilar de Guzman would arrive late in the afternoon,
possibly at around 4:00 oclock. The private respondent was
732
732

assured, however, that she would be informed as soon as the

petitioners arrived. The private respondent, in her eagerness to
settle her obligation, consented and waited for the call which did
not come and unwittingly let the period lapse. The next day,
January 28, 1978, the private respondent went to the office of the
Clerk of the Court of First Instance of Rizal, Pasay City Branch,
to deposit the balance of the purchase price. But, it being a
Saturday, the cashier was not there to receive it. So, on the next
working day, Monday, January 30, 1978, the private respondent
deposited the amount of P30,000.00 with the cashier of the Office
of the Clerk of the Court of First Instance of Rizal, Pasay City
Branch, to complete the payment of the purchase price of
P250,000.00. Since the deposit of the balance of the purchase
price was made in good faith and that the failure of the private
respondent to deposit the purchase price on the date specified was
due to the petitioners who also make no claim that they had
sustained damages because of the two days delay, there was
substantial compliance with the terms and conditions of the
compromise agreement.
AQUINO, J., dissenting:

Obligations Sales Compromise The respondent did not
comply with the terms of the compromise.The trial court erred in
ordering the petitioners to execute the deed of sale. Singh did not
comply with the compromise agreement. She did not pay the
P250,000 on January 27, 1978. The petitioners were entitled to a
writ of execution.
Appeal Appeal should not be dismissed for noncompliance
with material data rule.The appeal should have been given
due course. It was filed on time. The technicality that the
petitioners did not comply with the material data rule may be
disregarded. That rule has been relaxed in later cases. See
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Berkenkotter vs. Court of Appeals, L36629, September 28, 1973,

53 SCRA 228 and later cases.
PETITION to review the decision of the Court of Appeals.

The facts are stated in the opinion of the Court.
Barredo, Reyno & Tomacruz Law Office for
petitioners.
Adriano T. Bruno for private respondent.
CONCEPCION, JR., J.:
Petition for the reversal of the decision of the respondent
ap
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VOL. 137, JULY 23, 1985
733
pellate court which dismissed the petition to annul and set

aside the orders of the Court of First Instance of Rizal,
Pasay City Branch, dismissing the petitioners appeal in
Civil Case No. 5247P and to restrain the respondents from
enforcing the same. Acting upon the petition, the Court
issued a temporary restraining order on May 16, 1980,
restraining the respondents1 from enforcing and/or carrying
out the decision in question.
The facts of record show that on February 17, 1971, the
petitioners, as SELLER, and the private respondent, as
BUYER, executed a Contract to Sell covering two (2)
parcels of land owned by the petitioners located at
Cementina Street, Pasay City, and covered by TCT Nos.
11326 and 11327 of the Register of Deeds of Pasay City. It
was stipulated therein that the private respondent should
pay the balance of the purchase price of P133,640.00 on or
before February 17, 1975. Two days before the said date, or
on February 15, 1975, the private respondent asked the
petitioners to furnish her with a statement of account of
the balance due copies of the certificates of title covering
the two parcels of land subject of the sale and a copy of the
power of attorney executed by Rolando Gestuvo in favor of
Pilar de Guzman. But, the petitioners denied the request.
As a result, the private respondent filed a complaint for
specific performance with damages against the petitioners
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before the Court of First Instance of Rizal. The case,

however, was dismissed for failure to prosecute. But, the
private respondent subsequently refiled the case. The case
was docketed in court as Civil case No. 5247P. In her
complaint, the private respondent charged that the
petitioners, by refusing to furnish her with copies of the
documents requested, deliberately intended not to comply
with their obligations under the contract to sell as a result
of which the said petitioners committed a breach of
contract, and had also acted unfairly and in manifest bad
faith for which they should be held liable for damages.
Answering the complaint, the petitioners claimed that the
complaint failed to state a cause of action that the balance
due was already predetermined in the contract that the
petitioners have no obligation to furnish the private
respondent with copies of the documents requested and
that the private
________________
1
Rollo, p. 121.
734
734

respondents failure to pay the balance of the purchase

price on the date specified had caused the contract to
expire and become ineffective without necessity of notice or
of any judicial declaration to that effect.
On November 29, 1977, the trial court rendered a
decision approving the compromise agreement submitted
by the parties wherein they agreed on the following:
1. That, not later than December 18, 1977, plaintiff
will pay defendants the total amount of TWO
HUNDRED FORTY THOUSAND (P240,000.00)
PESOS, Philippine Currency and in case of failure
to do so, she shall have only until January 27, 1978
within which to pay the total amount of TWO
HUNDRED FIFTY THOUSAND (P250,000.00)
PESOS, Philippine Currency, which shall be
treated as complete and final payment of the
consideration in the contract to sell, dated February
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17, 1971. (Annex A Complaint)

2. That, immediately upon receipt of either amounts
within the periods so contemplated, defendants
undertake to immediately execute the necessary
legal instruments to transfer to plaintiff the title to
the parcels of land subject of the abovementioned
Contract to Sell, free from liens and encumbrances
but with the understanding that all the expenses
necessary for the issuance of a new Transfer
Certificate of Title in favor of plaintiff or her
assigns including documentary stamp taxes, science
stamp taxes and legal research fund fees shall be
for her sole and exclusive account
3. That defendants would temporarily desist from
enforcing their right or possession over the
properties involved herein until January 27, 1978,
but this shall not be construed as an abandonment
or waiver of its causes of action as embodied in her
Complaint in Civil Case No. 12446 entitled Pilar de
Guzman vs. Wilfredo C. Tan, etc. for Ejectment
pending before Branch IV of the Pasay City Court
4. Should plaintiff fail to pay either of the amounts
abovestated, within the period herein stipulated,
the aforesaid Contract to Sell dated February 17,
1971 shall be deemed rescinded and defendants
would immediately enforce its right of possession of
the premises and plaintiff agrees to voluntarily
surrender and vacate the same without further
notice or demand
5. That payment of either amounts abovestated shall
take place before the Honorable Judge Pedro JL.
Bautista in the courtroom of the Court of First
Instance of Rizal, Branch III in Pasay City at 10:00
a.m. Friday, January 27, 1978 unless payment has
been
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VOL. 137, JULY 23, 1985
735
earlier made, in which case plaintiff shall produce receipt

of the same at the same time and place, otherwise
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defendants shall immediately be entitled to a Writ of

Execution on its right of possession over the premises
6. Lastly, that both parties waive and abandon, by
reason hereof, their respective claims and2 counterclaims as
embodied in the Complaint and Answer.
On January 28, 1978, the petitioners filed a motion for
the issuance of a writ of execution, claiming that the
private respondent had failed to abide by the terms of the
compromise agreement and pay the amount specified in3
their compromise agreement within the period stipulated.
The private respondent opposed the motion, saying that
she had complied with the terms and conditions of the
compromise agreement and asked the court to direct the
petitioners to comply with the courts decision and execute
the necessary documents to effect the transfer
of ownership
4
of the two parcels of land in question to her.
Acting upon the motions, the respondent judge issued an
order on March 27, 1978, denying the petitioners motion
for execution, and instead, directed the petitioners to
immediately execute the necessary documents, transferring
to private respondent the title to the properties. He also
ordered the Clerk of Court to release to the petitioners the
amount of P250,000.00, which had been deposited
by the
5
private respondent, upon proper receipt therefor.
The petitioners
filed a motion for the reconsideration of
6
the order, but the trial
court denied the same in an order
7
dated July 24, 1978.
Whereupon,
the petitioners filed a notice of appeal,
8
appeal bond, and a motion for extension of time (20 days)
within
________________
2
Id., p. 89.
Id., p. 91.
Id., p. 98.
Id., p. 52.
Id., p. 59.
Id., p. 56.
Id., p. 100.
736
736

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9
which to submit a record on appeal. On August 21, 1978,

they filed a second motion for extension of
time (5 days)
10
within which to file their record on appeal, and on August
26, 1978, they submitted their record on appeal.
On September 30, 1978, the private respondent filed a
motion to dismiss the appeal on the grounds that: (1) the
orders appealed from are inappealable and (2) that the
record on appeal is defective as it does not contain the
material
data showing that the appeal was perfected on
11
time. The trial court found merit in12 the motion and
dismissed the appeal of the petitioners. As a result, the
petitioners filed a petition for certiorari with the
respondent Court of Appeals to nullify the order of the trial
court which dismissed their appeal. On February 5, 1980,
the said appellate court rendered
judgment sustaining the
13
decision of the trial court. Hence, the present recourse.
Passing upon the propriety of the petitioners appeal, the
rule is that a judgment rendered in accordance with a
compromise agreement is not appealable. It is immediately
executory unless a motion is filed to set aside the
compromise agreement on the ground of fraud, mistake or
duress, in which case an14appeal may be taken from the
order denying the motion. It is also a settled rule that an
order of execution of judgment is not appealable. However,
where such order of execution in the opinion of the defeated
party varies the terms of the judgment and does not
conform to the essence thereof, or when the terms of the
judgment are not clear and there is room for interpretation
and the interpretation given by the trial court as contained
in its order of execution is wrong in the opinion of the
defeated party, the latter should be allowed to appeal from
said order so that the Appellate Tribunal may
pass upon
15
the legality and correctness of the said order.
________________
9
Id., p. 101.
10
Id., p. 103.
11
Id., p. 110.
12
Id., p. 49.
13
Id., p. 40.
14
Periquet vs. Reyes, 129 Phil. 764.
15
ManaoisSalanga vs. Natividad, 107 Phil. 268.
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737
VOL. 137, JULY 23, 1985
737
In the instant case, the legality or enforceability of the

compromise agreement or the decision of the trial court
approving the compromise agreement is not disputed. The
parties both want the said compromise agreement to be
implemented. The petitioners question the ruling of the
trial court that the private respondent had complied with
the terms of the compromise agreement. The issue raised,
albeit one of fact, is appealable.
As to the sufficiency of the record on appeal filed by the
petitioners, the rule is that the submission of a record on
appeal, for purposes of appeal, is no longer required as the
original record is elevated to the appellate court, except in
appeals in special proceedings in accordance with Rule 109
of the Rules of Court
and other cases wherein multiple
16
appeals are allowed. Since the appeal of the petitioners is
not one of those mentioned above, the late filing or
insufficiency of the record on appeal filed by the petitioners
is no longer a ground for dismissing their appeal.
On the merits of the case, We agree with the findings of
the trial court that the private respondent had
substantially complied with the terms and conditions of the
compromise agreement. Her failure to deliver to the
petitioners the full amount on January 27, 1978 was not
her fault. The blame lies with the petitioners. The record
shows that the private respondent went to the sala of
Judge Bautista on the appointed day to make payment, as
agreed upon in their compromise agreement. But, the
petitioners were not there to receive it. Only the
petitioners counsel appeared later, but, he informed the
private respondent that he had no authority to receive and
accept payment. Instead, he invited the private respondent
and her companions to the house of the petitioners to effect
payment. But, the petitioners were not there either. They
were informed that the petitioner Pilar de Guzman would
arrive late in the afternoon, possibly at around 4:00 oclock.
The private respondent was assured, however, that she
would be informed as soon as the petitioners arrived. The
private respondent, in her eagerness to settle her
obligation, consented and waited for the call which did not
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come and unwittingly let the period

________________
16
Secs. 18, 19, 20, Interim Rules & Guidelines, Rules of Court.
738
738

lapse. The next day, January 28, 1978, the private

respondent went to the office of the Clerk of the Court of
First Instance of Rizal, Pasay City Branch, to deposit the
balance of the purchase price. But, it being a Saturday, the
cashier was not there to receive it. So, on the next working
day, Monday, January 30, 1978, the private respondent
deposited the amount of P30,000.00 with the cashier of the
Office of the Clerk of thefs Court of First Instance of Rizal,
Pasay City Branch, to complete the payment of the
purchase price of P250,000.00. Since the deposit of the
balance of the purchase price was made in good faith and
that the failure of the private respondent to deposit the
purchase price on the date specified was due to the
petitioners who also make no claim that they had sustained
damages because of the two days delay, there was
substantial compliance with the terms and conditions of
the compromise agreement.
WHEREFORE, the petition should be, as it is hereby
DISMISSED. The temporary restraining order heretofore
issued is LIFTED and SET ASIDE. With costs against the
petitioners.
SO ORDERED.
Makasiar (Chairman), Abad Santos, Escolin and
Cuevas, JJ., concur.
Aquino, J., see dissent.
AQUINO, J., dissenting:
I dissent. On November 29, 1977 the trial court rendered a
decision approving a compromise between Pilar de
Guzman. Rolando Gestuvo and Minerva Gestuvo, as
sellers, and Leonida P. Singh, buyer. Singh agreed to pay
de Guzman and the Gestuvos, now petitioners, P250,000
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for two lots located at Cementina Street, Pasay City at ten

oclock in the morning of January 27, 1978 in the courtroom
of Judge Bautista of Pasay City. In case no payment was
made, then the petitioners would be immediately entitled to
a writ of execution for the possession of the said lots.
Singh did not pay the P250,000. Ben Restrivera, in
behalf of
739
VOL. 137, JULY 23, 1985
739
Singh, on January 24, 1978 deposited P220,000 with the

clerk of court. Restrivera on January 27, 1978 tried to
deliver to Antonio G. Barredo, petitioners counsel, P5,000
cash and P25,000 in postdated checks, or P30,000 to
complete the price of P250,000. Barredo refused to accept
that payment. On January 30, 1978 (3 days after the
deadline) Singh deposited with the clerk of court cash of
P30,000.
On that same day, January 30, the petitioners filed a
motion for execution. It was opposed by Singh. Judge
Bautista in his order of March 27, 1978 denied the motion
and ordered the petitioners to execute the corresponding
deed of sale. He ordered the clerk of court to release the
P250,000 to them.
The petitioners filed a motion for reconsideration which
the trial court denied in an order dated July 24, 1978, a
copy of which was received by the petitioners on July 31,
1978. The next day, August 1, the petitioners filed a notice
of appeal and an appeal bond and asked for an extension of
twenty days within which to file their record on appeal.
They asked for a second extension of five days. The record
on appeal was filed on August 26, 1978.
The trial court did not give due course to the appeal. The
petitioners filed a petition for mandamus with the Court of
Appeals to compel the trial court to elevate their appeal.
The Court of Appeals in its decision dated February 5, 1980
sustained the trial court. The petitioners appealed to this
Court.
The trial court erred in ordering the petitioners to
execute the deed of sale. Singh did not comply with the
compromise agreement. She did not pay the P250,000 on
January 27, 1978. The petitioners were entitled to a writ of
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execution.
The appeal should have been given due course. It wais
filed on time. The technicality that the petitioners did not
comply with the material data rule may be disregarded.
That rule has been relaxed in later cases. See Berkenkotter
vs. Court of Appeals, L36629, September 28, 1973, 53
SCRA 228 and later cases.
Instead of ordering the Pasay court to elevate the record
of the case to the Intermediate Appellate Court, we should
now resolve the case or the merits of the appeal.
740
740

Santos vs. Commission on Elections
It is indubitable that Singh violated the compromise

agreement. She lost the right to purchase the two lots. The
petitioners are entitled to possess them.
Petition dismissed. Order lifted and set aside.
Notes.The delay in asking for nullification of an
approved compromise is of no consequence, as an action or
defense for declaration of the inexistence of a contract does
not prescribe. (Guiang vs. Kintanar, 106 SCRA 49.)
After a Judge has approved a compromise and its
judgment has become final, he has no longer any
jurisdiction to modify the same by virtue of a motion by a
person not a party to the case. (Vda. de Alcantara vs.
Somera, 106 SCRA 206.)
A compromise comprises only those objects which are
definitely stated therein or which by necessary implication
from its terms should be deemed to have been included
thereto. (Paredes vs. Court of Appeals, 132 SCRA 501.)
A party to a compromise can no longer ask for its
rescission after it has enjoyed its benefits. (Pasay City
Government vs. CFI of Manila, Br. X, 132 SCRA 156.)
o0o
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11/26/2014

SUPREME COURT REPORTS ANNOTATED

No. L52733. July 23, 1985

PILAR DE GUZMAN, ROLANDO GESTUVO, and

VOL. 137, JULY 23, 1985

De Guzman vs. Court of Appeals

SUPREME COURT REPORTS ANNOTATED

assured, however, that she would be informed as soon as the

AQUINO, J., dissenting:

Berkenkotter vs. Court of Appeals, L36629, September 28, 1973,

PETITION to review the decision of the Court of Appeals.

VOL. 137, JULY 23, 1985

De Guzman vs. Court of Appeals

pellate court which dismissed the petition to annul and set

before the Court of First Instance of Rizal. The case,

SUPREME COURT REPORTS ANNOTATED

respondents failure to pay the balance of the purchase

17, 1971. (Annex A Complaint)

VOL. 137, JULY 23, 1985

De Guzman vs. Court of Appeals

earlier made, in which case plaintiff shall produce receipt

defendants shall immediately be entitled to a Writ of

SUPREME COURT REPORTS ANNOTATED

which to submit a record on appeal. On August 21, 1978,

Periquet vs. Reyes, 129 Phil. 764.

ManaoisSalanga vs. Natividad, 107 Phil. 268.

VOL. 137, JULY 23, 1985

De Guzman vs. Court of Appeals

In the instant case, the legality or enforceability of the

come and unwittingly let the period

SUPREME COURT REPORTS ANNOTATED

lapse. The next day, January 28, 1978, the private

for two lots located at Cementina Street, Pasay City at ten

VOL. 137, JULY 23, 1985

De Guzman vs. Court of Appeals

Singh, on January 24, 1978 deposited P220,000 with the

SUPREME COURT REPORTS ANNOTATED

It is indubitable that Singh violated the compromise

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