Title
Abra Electric Cooperative, Inc. vs. Aquino
Case
G.R. No. L-39285
Decision Date
Nov 29, 1974
ABRECO and Paterno Aquino resolved disputes via Compromise Agreement, ensuring electric service provision, meter replacement, and case dismissal without prejudice. Court approved terms.
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Case Digest (G.R. No. L-39285)

Facts:

  1. Parties Involved:

    • Petitioners: Abra Electric Cooperative, Inc. (ABRECO), its Board of Directors, and Eustaquio Padaoil.
    • Respondents: Honorable Judge Juan P. Aquino (Presiding Judge of Branch I, Court of First Instance of Abra) and Paterno Aquino.
  2. Cases Involved:

    • G.R. No. L-39285: A petition for Certiorari, Prohibition, Mandamus, and Preliminary Injunction filed by ABRECO et al. against Judge Juan P. Aquino and Paterno Aquino.
    • Special Civil Case No. 803: A case for Mandamus and Damages with Preliminary Mandatory Injunction filed by Paterno Aquino against ABRECO et al.
    • Special Civil Case No. 820: A case for Contempt filed by Paterno Aquino against Jeremias Zapata et al.
  3. Compromise Agreement:

    • The parties submitted a Compromise Agreement to resolve the disputes in the above-entitled cases.
    • Key Terms of the Agreement:
      • ABRECO (Party of the First Part) agreed to provide electric service to Paterno Aquino (Party of the Second Part) pursuant to Resolutions Nos. 118 and 119 dated September 26, 1974.
      • Paterno Aquino was allowed temporary use of ABRECO's meters installed in his residence and gas station, with the obligation to replace them with his own meters or pay their value within 30 days.
      • The parties agreed to move for the dismissal of the cases without costs and without prejudice to Paterno Aquino's right to pursue membership with ABRECO.
      • The agreement was executed in a spirit of cordiality and mutual respect.
  4. Annexes:

    • Annexes "A" and "B": Resolutions Nos. 118 and 119 dated September 26, 1974.
    • Annex "C": Covering letter dated October 1, 1974, with Paterno Aquino's conformity.
    • Annexes "D" and "D-1": Application for electric service and related documents.

Issue:

  1. Primary Issue:

    • Whether the Compromise Agreement submitted by the parties is valid and enforceable to resolve the disputes in the cases.
  2. Subsidiary Issues:

    • Whether the terms of the Compromise Agreement are fair and equitable to both parties.
    • Whether the dismissal of the cases without costs and without prejudice to Paterno Aquino's right to pursue membership with ABRECO is appropriate.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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