FACTS: Petitioners sued the respondent MWSS formerly NAWASA, breach of contract. Meanwhile, the parties submitted the case to arbitration. The Arbitration Board, released the decision-award which ordered MWSS to pay petitioners P15,518,383.61 - less P2,329,433.41, to be set aside as a trust fund to pay creditors of the joint venture in connection with the project - or a net award of P13,188,950.20 with interest. Subsequently, however, petitioners agreed to give MWSS some discounts in consideration of an early payment of the award. Upon MWSS' request, the petitioners signed their "Conforme" to the said letter-agreement, and extended the period to pay the judgment less the discounts. MWSS, however, paid only on December 22, 1972, the amount stated in the decision but less the reductions provided for in the letter-agreement. Three years thereafter, after the last balance of the trust fund had been released and used to satisfy creditors' claims, the petitioners filed a motion for execution against MWSS for the balance due under the decision-award. Respondent MWSS opposed execution setting forth the defenses of payment and estoppels.
ISSUE: Whether or not petitioners are now in estoppel to question the subsequent agreement, suffice it to state that petitioners never acknowledged full payment.
HELD: No. Petitioners refused MWSS' request for a conforme or quitclaim. Accordingly, the award is still subject to execution by mere motion, which may be availed of as a matter of right any time within (5) years from entry of final judgment in accordance with Section 5, Rule 39 of the Rules of Court.
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