FIRST INTRAMUROS BF CONDOMINIUM CORPORATION
and MAXY ABAD,
                                                                                Petitioners,

NATIONAL LABOR RELATIONS COMMISSION
and NANCY DINGAYAN QUIMPO,
                                                           Respondents.
 
 
 

On 01 February 1980, private respondent Nancy Dingayan Quimpo was employed by First Intramuros BF Condominium Corporation to be its Assistant Building Administrator for Finance and Administration. She, thereafter, received various promotions with corresponding increases in salary; in 1984, as senior Assistant Building Administrator; in 1985, as Building Administrator; and in 1986, as General Manager. In 1987, she was yet given another salary increase by petitioner corporation's president.

On 29 November 1988, private respondent received her 13th month pay based on her basic salary. She protested on the ground that it had been the company's policy to include other fringe benefits in the computation of the 13th month pay. Later, her salary was reverted to P8,107.50, the amount she was receiving in November 1987, on the excuse that the increase she was granted by the firm's president in December 1986 was not confirmed by the Board of Directors. Private respondent filed a complaint for underpayment, withholding of salary and diminution of her 13th month pay.

In a Decision dated 20 June 1990, Labor Arbiter Manuel P. Asuncion ruled:

WHEREFORE, the respondents are hereby ordered to pay the complainant;
 
(1) The full amount of her salary at P22,311.24 per month, from December 1988, with legal interest;

(2) 13th month pay for 1987 in the amount of P6,200.00;

(3) Moral and exemplary damages in the amount of P250,000.00
The respondents must, also, pay the equivalent of 10% percent of the benefits awarded as attorney's fee.

SO ORDERED.[1]

WHEREFORE, premises considered, the appealed Decision is hereby Affirmed and the appeal dismissed for lack of merit.

SO ORDERED.[2]

WHEREFORE, in view thereof, the Commission's resolution in dispute must stand, and the Motion for Reconsideration is hereby dismissed for lack of merit. No further motion of similar nature shall be entertained.

SO ORDERED.[3]

1. THE PUBLIC RESPONDENT ACTED WITHOUT OR BEYOND ITS JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION WHEN IT SUSTAINED THE DECISION OF THE LABOR ARBITER THAT THE INCREASES IN THE SALARY OF THE PRIVATE RESPONDENT WERE VALID;

2. THE PUBLIC RESPONDENT ACTED WITHOUT OR BEYOND ITS JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION WHEN IT SUSTAINED PAYMENT TO THE PRIVATE RESPONDENT OF MORAL DAMAGES; AND

3. THE PUBLIC RESPONDENT ACTED WITHOUT OR BEYOND ITS JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION WHEN IT SUSTAINED PAYMENT OF THE PRIVATE RESPONDENT OF ATTORNEY'S FEES.[4]

On 15 February 1994, a "Joint Motion to Render Decision Based on the Compromise Agreement," was filed with this Court, hereunder reproduced in full:

JOINT MOTION TO RENDER DECISION BASED ON THECOMPROMISE AGREEMENT

COME NOW, both Petitioner, FIRST INTRAMUROS BF CONDOMINIUM CORP. and private respondent, NANCY J. DINGAYAN-QUIMPO, in their own behalf, and unto this Honorable Supreme Court, most respectfully manifest:

That, on 29 January 1994, both parties entered into a Compromise Agreement for the amicable settlement of the instant case;

That, the said Compromise Agreement is herein-below reproduced, to wit:
 

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT entered into by and between FIRST INTRAMUROS BF CONDOMINIUM CORP. and NANCY J. DINGAYAN-QUIMPO, herein-referred to below as the FIRST PARTY and SECOND PARTY, respectively, this 28th day of January, 1994.
 

That, the SECOND PARTY has filed two (2) labor cases against the FIRST PARTY, to wit:

1. NANCY J. DINGAYAN-QUIMPO versus FIBFCC NLRC Case No. 00-12-05209-88 G.R. No. 103638 For: Withholding of wages and underpayment of 13th month pay

2. NANCY J. DINGAYAN-QUIMPO versus FIBFCC NLRC Case No. 03-01229-89/CA 000266 G.R. No. 108830 For: Illegal Suspension and Illegal Dismissal

That, the above cases were decided by the NLRC in favor of the SECOND PARTY;
That, both parties have decided to settle the above cases amicably by way of the following manner of settlement:

a) That, the FIRST PARTY shall pay the SECOND PARTY the total amount of ONE MILLION TWO HUNDRED THOUSAND PESOS [P1,200,000.00] under the following program of payment:

1) 1st payment  February 1, 1994  P300,000.00
2) 2nd payment  March 1, 1994  P300,000.00
3) 3rd payment  April 1, 1994  P150,000.00
4) 4th payment  May 1, 1994  P150,000.00
5) 5th payment  June 1, 1994  P150,000.00
6) 6th payment  July 1, 1994  P150,000.00

Total    P1,200,000.00

That, both parties hereby waive any and all claims in the present or in the future, whether civil, criminal or otherwise, that may arise from any and all incidents involving the above cases.

SIGNED this 29th day of January 1994 in Kalookan City, Metro Manila, Philippines.

            FIRST PARTY                                                                SECOND PARTY

FIRST INTRAMUROS BF CONDOMINIUM CORP.

(Sgd.) ATTY. NANCY J. DINGAYAN-QUIMPO
Complainant

Represented by:

(Sgd.) ENRIQUE M. ZALAMEA
Chairman of the Board and President
 

That, both parties have decided to terminate the above case to the best interest of all by executing the above-quoted Compromise Agreement which is hereto attached as Annex "A";

That, the above Compromise Agreement is not contrary to law, moral and public policy;

WHEREFORE, in view of the foregoing, it is most respectfully prayed that the Compromise Agreement entered into by and between FIRST INTRAMUROS BF CONDOMINIUM CORP. and NANCY J. DINGAYAN-QUIMPO be adopted by this Honorable Supreme Court as Its Decision on the above-entitled case.

Kalookan City for Manila, 28 January 1994.

FIRST INTRAMUROS BF CONDOMINIUM CORP.   (Sgd.) NANCY J. DINGAYAN-QUIMPO
                Private Respondent                                                     Petitioner

Represented by:

(Sgd.) ENRIQUE M. ZALAMEA
Chairman of the Board and President
 

(Sgd.) RODRIGO GATMAITAN, JR.
Treasurer

The law not merely authorizes, but even encourages, the amicable settlement of disputes between parties [Art. 2029, Civil Code], and it does not limit such compromise to cases about to be filed but also to cases already pending in court.

WHEREFORE, finding the compromise agreement not to be contrary to law, morals, good customs, public order and public policy, the Court hereby approves the same, and it enjoins the parties thereto to faithfully comply with the covenants, terms and conditions thereof. This resolution is immediately executory. No costs.

SO ORDERED.

Feliciano, Romero and Melo, JJ., concur.
Bidin, J., is on leave.

___________________________
Endnotes