SECOND DIVISION
[G.R. No. 194097. February 6, 2012.]
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 06 February 2012 which reads as follows: IEcaHS
G.R. No. 194097(Wenceslao Nicolas, substituted by his heirs v. Heirs of Ricardo Miranda). — On January 21, 2011, the heirs of Wenceslao Nicolas (petitioners) filed a "Motion/Manifestation" stating that during the pendency of their petition with the Court, the heirs of Ricardo Miranda (respondents), through Carmen Miranda Perida, have executed a Sinumpaang Salaysay that recognizes the petitioners' rights and absolute ownership over the parcel of land subject of the petition (subject land). Attached to the Motion/Manifestation is a copy of the Sinumpaang Salaysay.
Carmen stated in the Sinumpaang Salaysay that she is the authorized representative of the respondents. She explained that the legal battle over the ownership of the subject land was merely due to a misunderstanding with the petitioners who are their relatives. Aside from Carmen's signature, the Sinumpaang Salaysay also bears the signatures of three barangay officials as witnesses.
On February 23, 2011, the Court noted the petitioners' Motion/Manifestation and required the respondents to submit their Comment on the petition. For failure of the respondents to file their Comment, the Court issued an August 1, 2011 show cause resolution against Carmen. On December 6, 2011, Carmen filed her Compliance explaining that she had earlier submitted to the Court her Sinumpaang Salaysay, which was attached to the petitioners' Motion/Manifestation.
Carmen's Compliance, which refers to her Sinumpaang Salaysay, in effect, seeks the dismissal of the present petition by reason of the parties' amicable settlement. In effect, too, Carmen waives a right under the emancipation patent issued to the respondents — a right which the Department of Agrarian Reform Adjudication Board and the Court of Appeals recognized and upheld. There is, however, nothing in the Manifestation/Motion (and its attachments) and the Compliance that would support Carmen's representation as the respondents' representative, duly authorized to enter into an amicable settlement and waive the respondents' rights over the subject land.
In view of the foregoing, the Court RESOLVES to:
1. Require the parties to SUBMIT a duly executed Compromise Agreement on their respective rights of ownership and/or possession of the subject land; and
2. Require Carmen Miranda Perida to SUBMIT a duly notarized proof of her authority to act in behalf of her co-respondents.
SO ORDERED. TSIEAD
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court