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SAN
MIGUEL CORPORATION,
G. R. No. L-40817 January 31, 1977 -versus-HON.
SECRETARY OF LABOR,
MUNOZ PALMA, J.: The San Miguel Corporation filed the instant Petition for Review of a Decision of the Hon. Secretary of Labor dated February 18, 1974, the dispositive portion of which reads:
Finding the appeal prima facie meritorious, We required respondents to comment on the Petition after which parties were given time to file their memoranda and the case was considered submitted for decision. [pp. 146, 169, Rollo].cralaw:red On January 4, 1977, the Court received petitioner's "Motion to Withdraw Appeal" which alleged that an amicable settlement was arrived at by the parties. Copy of the agreement is attached to the motion and it reads in part as follows:
2. Jerome Espino accepts the fact that during the period covering July 25, 1973 to June 10, 1974, he was not entitled to any commission. 3. Jerome Espino hereby accepts and acknowledges receipt from the San Miguel Corporation the total amount of P26,120.82 in consideration of the foregoing:
Termination pay benefits - 16,481.24 Unused vacation and sick leave pay - 3,574.23 P26,120 .82
5. The San Miguel Corporation agrees to withdraw its appeal in Case No. G.R. L-40817 upon final execution of instrument and the necessary release papers. 6. Jerome Espino further waives any and all rights he may have pursuant to the decision in the case entitled 'Jerome Espino, et a]. vs. SMC', NLRC Case No. LR-182. IN WITNESS WHEREOF, the parties have hereunto set their hands at Makati, Rizal, Philippines, this 17th day of December, 1976. (Sgd.) J. Espino
Assisted by: By: (Sgd.) JESUS ROMEO D.
DUQUE
(Sgd.) Jose V. Adriano Counsel
WHEREFORE, considering that the aforequoted Agreement was signed by respondent Jerome Espino with the assistance of counsel, and that the same is a voluntary termination of employment with payment of all benefits due to said respondent, the same is hereby approved and judgment is rendered pursuant thereto. Let copy hereof be sent to Atty. Isidro D. Amoroso, the counsel of record of private respondent as shown in page 144 of the rollo of this case.cralaw:red SO ORDERED. |
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