FIRST DIVISION
[G.R. No. 207919. February 3, 2014.]
GEORGE WASHINGTON V. ANGEL, petitioner, vs. S.M. PRIME HOLDINGS INCORPORATED, MR. HANS T. SY, WEST AVENUE THEATERS CORPORATION, RIC D. CAMALIGAN AND JULIE M. MITERIA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated February 3, 2014 which reads as follows:
"G.R. No. 207919 (George Washington V. Angel vs. S.M. Prime Holdings Incorporated, Mr. Hans T. Sy, West Avenue Theaters Corporation, Ric D. Camaligan and Julie M. Miteria). — This case stemmed from a complaint for Constructive/Illegal dismissal with prayer for Moral and Exemplary Damages filed by George Washington V. Angel (Angel) against SM Prime Holdings Incorporated, Hans Sy, West Avenue Theaters Corporation, Ric Camaligan and Julie Miteria (respondents).
On October 16, 2009, the Labor Arbiter (LA) dismissed the complaint for lack of merit upon finding that Angel was not constructively dismissed but that he voluntarily resigned from his job as Division Manager for Cinema Operation of West Avenue Theaters Corporation. 1 Thus, Angel filed an appeal with the National Labor Relations Commission (NLRC). ACTEHI
In its Decision 2 dated June 18, 2010, the NLRC affirmed the LA decision but ordered the respondents to pay Angel's salaries, allowances and other benefits for the period of February 6, 2008 to March 6, 2008. Angel filed a motion for reconsideration but the same was denied. Thereafter, he filed a petition for certiorari before the Court of Appeals (CA).
On February 21, 2013, the CA dismissed 3 the petition prompting Angel to file a motion for reconsideration which was also denied for lack of merit. Angel then filed a petition for review on certiorari before this Court. In a Resolution 4 dated September 11, 2013, the Court required the respondents to file their Comment.
Meanwhile, on January 22, 2014, the parties entered into a Compromise Agreement 5 as they have decided to settle their matters amicably and were no longer interested to pursue their case. Pursuant to this, the respondents filed a Motion to Render Judgment based on Compromise Agreement, while Angel moved for Leave of court to withdraw his petition for review on certiorari.
The Court finds that the Compromise Agreement is not contrary to law, morals, good customs and public policy. Moreover, it appears to be freely executed by Angel and the respondents, with the assistance of their respective counsels. The Court finds no reason not to grant the prayer of the parties and hereby bestows judicial approval of their Compromise Agreement.
WHEREFORE, the Court resolved to APPROVE the Compromise Agreement dated January 22, 2014, and the parties are enjoined to abide by its terms and conditions. ASDTEa
The case is considered CLOSED and TERMINATED.
The Court further resolves:
(1) to NOTE the respondents' manifestation that they have not yet received a copy of the subject petition for review on certiorari with motion, praying that petitioner be directed to furnish respondents a copy of the petition, and that respondents be given ten (10) days from receipt of the copy of said petition to file comment thereon as required in the Resolution dated September 11, 2013;
(2) to NOTE the petitioner's counter-manifestation/comment to respondents' aforesaid manifestation with motion informing this Court that respondents were already furnished with a copy of the petition prior to the filing of the same before this Court, and submitting proof of service of the said petition to respondents' counsel on August 28, 2013;
(3) to NOTE the respondents' reply to counter-manifestation/comment with motion to render judgment based on compromise agreement (re: counter-manifestation/comment dated January 10, 2014); and
(4) to NOTE and GRANT the petitioner's manifestation with motion to withdraw with leave of court (petition for review on certiorari), stating that the parties have agreed to settle the matters amicably and that they are no longer interested in pursuing the case, and praying for leave of court to withdraw the petition.
SO ORDERED." CaEATI
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 187-197.
2. Id. at 231-248.
3. Penned by Associate Justice Japar B. Dimaampao, with Associate Justices Angelita A. Gacutan and Victoria Isabel A. Paredes, concurring; id. at 9-17.
4. Id. at 512.
5. Id. at 527-531.