THIRD DIVISION
[G.R.
No. 128276. November 24, 1998]
CFC Corporation, Vic Fadrilan and Roberto Domingo,
petitioners, vs. Honorable National Labor Relations Commission, Hon.
Emerson C. Tumanon, and Josedario M. Calura, respondents.
R E S O L U T I O N
PURISIMA, J.:
At bar is a petition for
certiorari under Rule 65 of the Revised Rules of Court filed on April 18, 1997.
On August 14, 1998, the
petitioners and respondent Josedario Calura, with the assistance of counsel,
sent in a "Motion for Approval of Compromise Agreement" together with
the proposed compromise agreement attached thereto, for the consideration of
the court. The full text of the said
Compromise Agreement, reads:
"1. That petitioners were the party-respondents in
NLRC-NCR Case No. 05-01891-84, filed by herein private respondent Josedario
Calura for reinstatement to his former position as Section Manager, DPD Sales
Department and for money claims arising from his alleged constructive
dismissal, which case is now the subject matter of this petition.
2. That to the
best and mutual interests of the herein parties, they have mutually agreed and
conceded on the need to settle the instant case amicably under the following
terms and conditions:
2.1. That herein private respondent expressly confirms his
earlier reinstatement as a Bonded Merchandiser and has always been receiving
and entitled to the corresponding employment benefits consistent with the
applicable laws, rules and regulations, as well as, the policies of the
company, attached to the said position.
2.2. That in the
spirit of benevolence and as a full settlement of the issues and claims herein
by the parties against one another, the parties hereby expressly agree as
follows:
i. The petitioner company hereby appoints and names
Josedario Calura to the position of Acting Senior Van Salesman, effective
August 1, 1998, a position equivalent to his former position, and shall receive
and be entitled to all the employment benefits attached to the position
consistent with applicable laws, rules and regulations and policies of the
company. His appointment is hereto
attached as Annex “A” and shall form part of this Compromise Agreement.
ii. That as a
full and final settlement of issues and claims that Josedario Calura may or
might have against the company and Mssrs. Fadrilan and Domingo, insofar as this
case is concerned, the company hereby extends to Josedario Calura, in the form
of financial assistance, the amount of P20,000.00, upon the signing of this
Compromise Agreement.
iii. That
Josedario Calura, on his part, by this compromise agreement, fully aware of and
consistent with his rights and obligations as provided for by law, hereby
expressly, freely and voluntarily releases and forever discharges the Company
and Mssrs. Fadrilan and Domingo, from any and all claims, of whatever nature,
that he has or may have against the company and Mssrs. Fadrilan and Domingo,
insofar as this case as concerned.
2.3. It is
hereby expressly understood that the financial assistance, as well as, any and
all undertaking granted herein by the company is the result of this Compromise
Agreement to put an end to this litigation and does not in any way amount to
any admission of any liability to Mr. Josedario Calura, either direct or
indirect, on the part of the Company and Mssrs. Fadrilan and Domingo.
2.4. That the
parties herein have read and understood the contents of this Compromise
Agreement, have fully apprised of the substance and consequences of the
execution, hereof, and have, with the assistance of their respective counsels,
unconditionally agreed thereto.
3. That by
reason of the due execution of this Compromise Agreement which is not contrary
to laws, morals, customs and public policy, the parties herein hereby jointly
move that a judgment be rendered on the basis hereof.
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that a judgment be rendered in accordance with
the Compromise Agreement between the parties herein which is not contrary to
laws, morals, customs and public policy, and that the parties be enjoined to
strictly abide by the terms thereof.
The parties herein pray for such other relief as may be
just and equitable in the premises.
RESPECTFULLY SUBMITTED.
Quezon City for Manila, 01 July 1998.
CFC CORPORATION, ET. AL.,
Petitioner
BY:
LANCE Y. GOKONGWEI JOSEDARIO
CALURA
Assisted by: Assisted
by:
JUANITAS, PEREZ, BOLOS APOSTOL, UMARU & BALGUA
AND
ASSOCIATES LAW
OFFICES
Counsel for Petitioners Counsel for Private
27/F Galeria Corporate Center Respondent
EDSA Corner Ortigas Center 3rd Floor Gaite Bldg.
Quezon
City N. Garcia St., Makati City
By: By:
(signed) (signed)
DANILO
T. BOLOS MARIANO
B. BALGUA
IBP NO. 452296/1-21-98/QC IBP
NO. 450961/1-7-98/Laguna
PTR No. 0271884/1-21-98/QC PTR NO. 1243925/1-8-98/Makati”
IN VIEW OF THE FOREGOING, it appearing that what the parties entered into is
not contrary to law, morals, good customs. public order and public policy[1], the same is approved and the parties are hereby
enjoined to comply therewith. No
pronouncement as to costs.
SO ORDERED.
Narvasa, C.J., (Chairman), Romero, Kapunan, and Pardo, JJ., concur.