[G.R. No. 143349. November 16, 2005]

PNB vs. CA

SECOND DIVISION

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 16 2005.

G.R. No. 143349 (PNB [formerly Republic Planters Bank] vs. The Honorable Court of Appeals and the Intestate Estate of Spouses Genaro and Viola Goñi represented by the Judicial Administrator Clemente Damian Goñi.)

In a joint motion to approve compromise agreement and to consider petition as moot and academic dated March 20, 2002, the petitioner and private respondent prayed that the compromise agreement attached be approved and the petition be declared as moot and academic.

Acting thereon, the Court issued a Resolution dated May 27, 2002 which required private respondent represented by judicial administratrix Sylvia Goñi-Strong to secure prior approval of the probate court, Regional Trial Court of Bais City, Branch 45, to enter into the subject Compromise Agreement with petitioner bank.

For failure to comply with the aforesaid directive, the Court issued a Resolution dated October 6, 2004 directing administratrix Sylvia Goñi-Strong to submit the required approval of the probate court within 10 days from receipt thereof otherwise, the subject joint motion to approve compromise agreement and to consider petition as moot and academic shall be denied and the petition shall be considered submitted for decision.

In a Resolution dated March 28, 2005, the Court required administratrix Sylvia Goñi-Strong to show cause why she should not be disciplinary dealt with or held in contempt for failure to comply with the Resolution of October 6, 2004.

In her compliance dated May 4, 2005, administratrix Sylvia Goñi-Strong explained that the probate court has yet to issue the required order of approval and assures the Court that she will submit the same within 10 days from release by the probate court of the said order. In a Resolution dated September 21, 2005, the Court found the explanation to be satisfactory.

Up to this date, there is nothing on record to show that the subject approval of the probate court has been obtained or submitted to this Court. Considering that more than three years have elapsed from the submission of the compromise agreement, and considering further that petitioner has not filed any manifestation or motion showing disagreement thereon, the Court believes that the parties are inclined to pursue the subject compromise agreement and to put an end to this case.

ACCORDINGLY, the instant petition for certiorari is DISMISSED.

SO ORDERED.

Nazario, J., on leave.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG

Clerk of Court