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SECOND DIVISION

G.R. No. L-62753 February 18, 1983

LWV MANAGEMENT, INC., Petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and ROMAN P. AQUINO, Respondents.

Maliwanag, Cardinio, Lim & Sison for petitioner.chanrobles virtual law library

The Solicitor General for respondents.

AQUINO, J.:

LWV Management, Inc. filed on December 24, 1982 this petition for certiorari in order to annul the decision of the National Labor Relations Commission dated September 22, 1982, denying LWV Management, Inc.'s application for clearance to dismiss Roman P. Aquino and ordering it to immediately reinstate Aquino to his position as supervisor and to pay him the sum of P16,608 as backwages for one year without qualifications or deductions.chanroblesvirtualawlibrary chanrobles virtual law library

Before the respondents could submit their comment on the petition, LWV Management and Aquino (without the assistance of his counsel) submitted the following compromise agreement.

COMPROMISE AGREEMENT

Come now Petitioner and Private Respondent in the above-entitled case, unto this Honorable Court most respectfully submit and present the following Compromise Agreement for its consideration and approval: chanrobles virtual law library

1. Private Respondent, Roman P. Aquino, manifests and admits that he is now more gainfully employed - hence he is waiving his right to be reinstated with Petitioner and by these presents hereby tendered his voluntary resignation from employment with Petitioner to which the latter accepted; chanrobles virtual law library

2. For and in consideration of the sum of TWELVE THOUSAND (P12,000.00) PESOS, Philippine Currency, receipt of which is hereby acknowledged and confessed by Private Respondent from the Petitioner, the former hereby release(s) and discharge(s) forever the Petitioner, its officers and employees from any and claims by way of unpaid wages, separation pay, overtime pay, differential pay or otherwise and particularly for illegal dismissal and/or for any claim whatsoever arising from the employer- employee relationship of the parties herein.chanroblesvirtualawlibrary chanrobles virtual law library

3. Private Respondent further waives any claim, right or action whatsoever nature, past, present or contingent against the Petitioner and vice versa.chanroblesvirtualawlibrary chanrobles virtual law library

4. Private Respondent further waives the assistance of counsel in this Compromise Agreement; chanrobles virtual law library

5. Parties waive all claims and counterclaims against each other.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, it is respectfully prayed that the foregoing Compromise Agreement be approved and that the instant case be dismissed with prejudice or a judgment be rendered in accordance therewith.chanroblesvirtualawlibrary chanrobles virtual law library

Makati for Manila, Philippines, January 13, 1983.

LWV MANAGEMENT, INC. Petitioner (SGD.) Roman P. Aquino

Petitioner ROMAN P. AQUINO
Private Respondent

By:

(SGD.) Wilfredo L. Lim
WILFREDO L. LIM
By Board Resolution

Copy Furnished:

National Labor Relations Commission AMADO A. CABALLERO
Manila 875-A Isabel Bldg.,
Espana, Manila
(by registered mail)

WHEREFORE, the said compromise agreement is hereby approved. Judgment is rendered in accordance therewith, This case is considered closed. No costs.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Makasiar (Chairman), Concepcion, Jr., Guerrero, Abad Santos, De Castro and Escolin JJ., concur.




























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