Roberto Hortaleza, et al. vs. Sps. Romulo and Marilyn Hortaleza

[SEC-SICD * CASE NO. 3932. January 31, 1992.] ROBERTO HORTALEZA, ET AL. , petitioners , vs . SPS. ROMULO & MARILYN HORTALEZA, ET AL. , respondents . JUDGMENT ON COMPROMISE AGREEMENT A compromise agreement having been submitted by the parties, assisted by their respective counsels, for its approval, the terms and conditions of which are as follows: 1. Any and all assumption of presentations embodied in the terms and conditions enumerated herein shall not be taken as admission or imposition of or by one party vis-a-vis another but mere manifestations by them in an earnest desire to contribute towards a genuine and sincere conciliatory and settlement agreement among them. LexLib 2. Plaintiff-Petitioner Roberto Hortaleza shall be paid the sum of P650,000,000.00 by Original Hortaleza Vaciador and Beauty Supply, Inc. by way of the loan it obtained from the former, and he shall assign and transfer all his rights, interests, and participation in the company in favor of his mother only, Defendant-Respondent Cecilia B. Hortaleza, by endorsing specifically the corresponding certificates of stocks representing his sixteen (16%) Percent share and participation in the company, likewise all other cases filed in courts relative to their controversy shall be cause to be dismissed by them jointly. 3. Plaintiff-Petitioner Catalina H. Ramos, with a written consent and acquiescence of her husband, Reynald Ramos, shall likewise drop this case provided that the capitalization of the company. Original Hortaleza Vaciador and Beauty Supply, Inc., shall be placed in proper perspective and her mother, Defendant-Respondent Cecilia B. Hortaleza, shall give her a sort of incentive which is agreed to be purely discretionary on the part of the latter. 4. All the herein parties likewise agreed fully and completely to dismiss or otherwise cause to be dismissed any and all offshoot cases, initiated cases, and/or related cases to this one being settled, namely, to wit: a) PEO VS. ERNESTO B. HORTALEZA, Crim. Case No. 153887, MTC Manila, Branch 42; b) DANILO DIAZ, et al., VS. VICENTE ACUA, Civil Case No. 9054439, RTC Manila, Branch 42; c) PEO VS. FERNANDO GACOSTA, et al., Crim. Case No. 283084, MTC Manila, Branch 21; d) JOHNNY CHUA VS. ROBERTO HORTALEZA, et al., Civil Case No. 905464 RTC Manila, Branch 4; e) HORTALEZA EMPLOYEES VS. HORTALEZA VACIADOR AND BEAUTY SUPPLY, INC., NLRC-NCR Case No. 04-01980-90, Arbiter Donato G. Quinto, Jr.; f) GINA SUNGA, et al., VS. HORTALEZA VACIADOR AND BEAUTY SUPPLY, INC., NLRC-NCR Case No. 04-02068-90, Arbiter Donato G. Quinto, Jr.; g) FLOR REPAJA, et al., VS. HORTALEZA VACIADOR AND BEAUTY SUPPLY, INC., NLRC-NCR Case No. 04-02022-90, Arbiter Donato G. Quinto, Jr.; h) PEO VS. ROMULO B. HORTALEZA, et al., Crim. Case No. 153888, MTC, Manila, Branch 17. 5. All terms and conditions herein mentioned shall be taken as the strict bases for the judgment to be rendered by the Honorable Commission and any party not complying therewith or violating the same shall be subject to all legal and equitable sanctions and penalties. 6. All and each and every claim and counterclaim and other incidents and related matters not mentioned in this Compromise Agreement are deemed settled, passed upon, dismissed, and waived by the parties to the tune of no less than the parties' intentions and desires under the premises. and finding the same to be not contrary to law, morals and public policy, the said compromised agreement is hereby APPROVED and judgment is hereby rendered in accordance therewith. The parties are hereby enjoined to comply strictly with the above-quoted terms and conditions thereof. prcd SO ORDERED. (SGD.) JAMES K. ABUGAN Hearing Officer