Branch 96 Presiding Judge Afable Cajigal dismissed the case after granting the joint motion to dismiss filed by Concepcion and showbiz writer Jobert Sucaldito last September 22, 2008. In their motion, the two informed the court that they have already come to an amicable settlement.
In his order, Cajigal ruled that the joint motion to dismiss was valid and legal since the nature of an amicable settlement was not illegal and not contrary to law.
“An amicable settlement between parties is not only allowed by the court but is likewise encouraged to by the courts. To deny the amicable settlement will defeat the purpose of the law as well as the right of the parties to a speedy disposition of the case. As correctly pointed out by the movants, Concepcion is a mere necessary party,” Cajigal's ruling read.
Sucaldito’s case against talent manager Rose Flaminiano however would continue.
Sucaldito filed the damage suit against Concepcion and Flaminiano after they allegedly reneged on their agreement wherein the actor would endorse a whitening product for a fee of P2.5 million and two units of 56-inch plasma television.
Instead, the two entered a contract for Concepcion to endorse another whitening product for P5 million.
In her comment and rejoinder, Flaminiano said the joint motion to dismiss is not only highly improper but a flagrant violation of the provisions of Section 7 Rule 3 of the Rules of Court.Flaminiano said that Sucaldito and Concepcion cannot just agree to a settlement and ask the court to dismiss the complaint against Conception while letting the case against her proceed.