FIRST DIVISION
[G.R. No. 206651. January 27, 2014.]
GREENBEACH POWERTECH, INC. (FORMERLY KC TECH, INC.), petitioner, vs. MANOLITO JOAQUIN, REMENARD LABTINGAO and REYNANTE ABAD, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 27, 2014 which reads as follows:
"G.R. No. 206651 — GREENBEACH POWERTECH, INC. (FORMERLY KC TECH, INC.), petitioner, versus MANOLITO JOAQUIN, REMENARD LABTINGAO and REYNANTE ABAD,respondents.
Before the Court is a petition for review on certiorari assailing the Decision 1 dated September 19, 2012 of the Court of Appeals (CA) in CA-G.R. SP. No. 118108. 2 The CA ruled that respondents were petitioner's regular employees and were illegally dismissed. The CA ordered that respondents be reinstated and paid full back wages. The fallo of the assailed CA Decision reads:
WHEREFORE, the petition is GRANTED. The assailed 26 March 2010 Decision and 24 November 2010 Resolution of the National Labor Relations Commission in NLRC-NCR LAC No. 06-001721-09 (NLRC Case No. RAB-III-02-13181-08) are REVERSED and SET ASIDE. This Court DECLARES that petitioners [herein respondents] were regular employees of private respondents 3 and were illegally dismissed. Accordingly, this Court ORDERS the private respondents to reinstate them without loss of seniority rights and to pay them full backwages, computed from the time their compensation was withheld up to their actual reinstatement. Costs against the private respondents.
SO ORDERED. 4
Also assailed is the CA Resolution 5 dated March 20, 2013, denying petitioner's motion for reconsideration.
In our Resolution 6 dated July 22, 2013, we noted the instant petition and the parties' joint manifestation and motion 7 that they have entered into a Compromise Agreement and that respondents executed a Joint Release, Waiver and Quitclaim. In the joint manifestation and motion, the parties prayed that the Court approve their Compromise Agreement.
In the same Resolution, we directed petitioner's counsel to submit his authority to enter into the Compromise Agreement in behalf of petitioner. We also directed respondents' counsel to submit Romelit Abad's authority to enter into the Compromise Agreement and execute the Joint Release, Waiver and Quitclaim in behalf of respondent Reynante Abad. Both counsels have already complied with the Court's directive. 8
We approve the parties' Compromise Agreement 9 dated June 13, 2013 where they agreed to settle their labor dispute. They also agreed that respondents will be paid P250,000 each as full settlement of the judgment award in the assailed CA Decision. The Compromise Agreement is not contrary to law, morals, good customs, public policy and public order. It was freely executed by the parties. 10 A compromise agreement is a contract whereby the parties make reciprocal concessions in order to resolve their differences and thus avoid litigation or to put an end to one already commenced. 11 They adjust their difficulties in the manner they have agreed upon, disregarding the possible gain in litigation and keeping in mind that such gain is balanced by the danger of losing. 12 The Compromise Agreement reads:
xxx xxx xxx
WHEREAS, on May 27, 2013, [petitioner] filed a Petition for Review with the Supreme Court, docketed as G.R. No. 206651 praying for the setting aside of the 19 September 2012 Decision and 20 March 2013 Resolution of the Court of Appeals;
WHEREAS, notwithstanding the 19 September 2012 Decision and 20 March 2013 Resolution of the Court of Appeals; and the pendency of the Petition for Review before the Supreme Court, the parties nevertheless decided to settle their differences, and thus, put an end to NLRC No. 06-001721-09 [sic], NLRC NCR LAC No. 06-001721-09, CA G.R. SP No. 118108 and G.R. No. 206651;
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants set forth hereinbelow, the parties agree as follows:
1. Complainants [herein respondents] MANOLITO JOAQUIN, REMENARD LABTINGAO and REYNANTE ABAD shall each receive the amount of TWO HUNDRED FIFTY THOUSAND PESOS (P250,000.00), as frill and complete settlement and satisfaction of their claims in NLRC No. 06-001721-09 [sic] and NLRC NCR LAC No. 06-001721-09, and the judgment award in CA G.R. SP No. 118108, including the award for reinstatement without loss of seniority rights, payment of full back wages and any other money claims;
2. Complainants acknowledge that the above consideration includes any and all claims for money and other benefits as contained in the ruling of the Honorable Court of Appeals in CA G.R. SP No. 118108, and thereby waive and abandon any and all of their claims therein;
3. Complainants agree that the amount received is in consideration of any and all monetary claims they might have, as well as in lieu of, their regularization with respondent GREENBEACH POWERTECH, INC. (formerly KC TECH, INC.) and/or actual reinstatement without loss of seniority rights, including any other liability or claims arising from, in relation to and/or in connection with their assignment with GREENBEACH POWERTECH, INC. (formerly KC TECH, INC.).
4. By virtue of this Agreement, Complainants consider their claims (including the reinstatement and other monetary aspect thereof) as fully settled and/or satisfied, and the judgment award in CA G.R. SP No. 118108 (including the reinstatement and other monetary aspect thereof) as fully satisfied, and hereby consider said cases as dismissed, with prejudice, and undertakes to desist from prosecuting and/or instituting any other case or claim against any and/or all the Respondents. 13
xxx xxx xxx 14
The respondents have also admitted. in the Joint Release, Waiver and Quitclaim 15 that each of them has received the amount of P250,000 as full settlement of all their claims and of the award made by the CA:
xxx xxx xxx
We, complainants MANOLITO JOAQUIN, REMENARD LABTINGAO and REYNANTE ABAD having each received from GREENBEACH POWERTECH, INC. (formerly KC TECH, INC.) the amount of TWO HUNDRED FIFTY THOUSAND PESOS (P250,000.00), as complete settlement and/or satisfaction of all our claims in NLRC No. 06-001721-09 [sic] and NLRC NCR LAC No. 06-001721-09, and of the judgment award in CA G.R. SP No. 118108, including the award of reinstatement without loss of seniority rights, payment of full backwages and any other money claims.
xxx xxx xxx 16
WHEREFORE, the parties' Compromise Agreement dated June 13, 2013 is hereby APPROVED and CONSIDERS this case CLOSED and TERMINATED.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 42-54.
2. Entitled "Manolito C. Joaguin, Remenard Lubtingao and Reynante Abad, petitioners, versus National Labor Relations Commission (First Division), KC Tech, Inc. (now Greenbeach Powertech, Inc.), Mr. Hee Duk Cho (Administrative Manager) and Mr. J.Y. Jung (H.R. Manager), respondents." Id. at 42.
3. Petitioner KC Tech, Inc. (now Greenbeach Powertech, Inc.), Mr. Hee Duk Cho (Administrative Manager) and Mr. J.Y. Jung (H.R. Manager). Id.
4. Id. at 53.
5. Id. at 55-56.
6. Id. at 271.
7. Id. at 262-265.
8. Id. at 279, 287.
9. Id. at 266-268.
10. Magbanua v. Uy, G.R. No. 161003, May 6, 2005, 458 SCRA 184, 190.
11. Spouses Murtir v. Spouses Verano, 529 Phil. 120, 125 (2006).
12. Supra note 10.
13. Supra note 3.
14. Rollo, pp. 267-268.
15. Id. at 269-270.
16. Id. at 269.