G.R. No. 190381 : October 6, 2010
COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. RODRIGO MERCADO, ANTONIO VILLERO, LUISITO MANTIBE, MARCELO FABIAN, EDMUNDO YALUNG, EDILBERTO GUEVARRA, MICHAEL GUICO, ANGEL FERNANDO, ERNESTO DELA CRUZ, EFREN FERNANDO, ROBERTO TORRES, JIMMY DUNGO, WILLY OCAMPO, SANDRO DIZON, ALLAN OCAMPO, CARLITO MANABAT, CARLITO SINGIAN, JAY MANABAT, ERIC AQUINO, RODRIGO DAVID, NICOLAS LUQUIAZ,* LUCIO MANTIBE, PRUDENCIO PALALON, RAFAEL CABRERA, ROMMER SINGIAN,** ROGELIO MALIT, ALVIN ANDAYA, EMERITO B. DUNGCA, ALMIRANTE GORAL,*** AND NICOLAS CURA, Respondents.cralaw
R E S O L U T I O N
Before us is a Manifestation and Motion1cra1aw filed by respondents, stating that petitioner has satisfied the judgment award in their favor by way of a Compromise Agreement2cra1aw dated June 16, 2010. On the basis of the Compromise Agreement, the parties filed a motion for judgment, which was granted by the Labor Arbiter in an Order3cra1aw dated June 21, 2010, declaring NLRC Case No. RAB-III-02-3910-02,4cra1aw the origin of the instant case, as closed and terminated. Respondents pray that the petition for review before us be dismissed for having been rendered moot and academic by petitioners satisfaction of judgment. The Compromise Agreement reads
WHEREAS, in February 2002, MICHAEL MEROVIN GUICO ["Guico"], ANGEL FERNANDO ["Fernando"], LUISITO MANTIBE ["Mantibe"], WILLY OCAMPO ["Ocampo"], ALLAN OCAMPO ["Ocampo"], ALMERANTE GORAL ["Goral"], CARLITO MANABAT ["Manabat"], ERNESTO DELA CRUZ ["Dela Cruz"], JAY MANABAT ["Manabat"], NICOLAS CURA ["Cura"], SANDRO DIZON ["Dizon"], NICOLAS LUQUIAS ["Luquias"], RODRIGO MERCADO ["Mercado"], ALVIN ANDAYA ["Andaya"], ANTONIO VILLERO ["Villero"], EDILBERTO GUEVARRA ["Guevarra"], EFREN FERNANDO ["Fernando"], EMERITO DUNGCA ["Dungca"], ERIC AQUINO ["Aquino"], JIMMY DUNGO ["Dungo"], MARCELO FABIAN ["Fabian"], ROBERTO TORRES ["Torres"], RODRIGO DAVID ["David"], ROMER SINGIAN ["Singian"], CARLITO SINGIAN ["Singian"], EDMUNDO YALUNG ["Yalung"], PRUDENCIO PALALON ["Palalon"], RAFAEL CABRERA ["Cabrera"], ROGELIO MALIT ["Malit"] and LUCIO MANTIBE ["Mantibe"] (collectively, the "Complainants") were among the complainants who filed a complaint for illegal dismissal and regularization with claims for wage and benefits differential according to CBA, moral and exemplary damages against COCA COLA BOTTLERS PHILIPPINES INC. [the "Company"] docketed as NLRC Case No. RAB-III-02-3901-02 and NLRC NCR CA No. 037888-03 entitled "Rodrigo Mercado, et al. v. Coca-Cola Bottlers Phils., Inc., et al."
WHEREAS, on 30 September 2003, Labor Arbiter Herminio V. Suelo rendered a Decision dismissing the Complaint against the Company;
WHEREAS, complainant Appeal was granted by the NLRC in its 30 July 2008 Resolution; the dispositive portion of which states:chanroblesvirtualawlibrary
WHEREFORE, the Motion for Reconsideration of complainants is GRANTED. The Decision dated January 31, 2005 is SET ASIDE and VACATED, and NEW ONE entered;
The other claims are dismissed for lack of merit.
WHEREAS, CCBPI filed a Petition for Certiorari with the Court of Appeals docketed as CA G.R. SP No. 108404 entitled "Coca-Cola Bottlers Philippines, Inc. vs. National Labor Relations Commission and Rodrigo Mercado, et al."
WHEREAS, on 20 August 2009, the Eight Division of the Court of Appeals rendered a Decision denying the Petition;
WHEREAS, the Company filed a Motion for Reconsideration which was denied by the Court of Appeals in its 18 November 2009 Resolution;
WHEREAS, the Company filed a Petition for Review on Certiorari with the Supreme Court, which is docketed as G.R. No. 190381 entitled "Coca-Cola Bottlers Philippines, Inc. vs. Rodrigo Mercado, et al."
WHEREAS, the Company has nevertheless decided to settle/satisfy complainants claims/award and thus put an end to NLRC Case No. RAB-III-02-3901-02; NLRC NCR CA No. 037888-03; CA G.R. SP No. 108404 and G.R. No. 190381;
NOW THEREFORE, for and in consideration of the foregoing premises and the mutual covenants set forth hereinbelow, the parties agree as follows:chanroblesvirtualawlibrary
1. Complainants shall each receive financial assistance in the amount as follows:chanroblesvirtualawlibrary
as complete settlement of their claims in NLRC NCR Case No. 00-07-07574-99/NLRC NCR CA No. 030908-02 and/or full satisfaction of the judgment award, including the reinstatement aspect thereof, in CA G.R. SP No. 108404 and G.R. No. 190381.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 16th day of June 2010 at the City of San Fernando, Pampanga.
In its own Manifestation and Compliance,5cra1aw petitioner confirms the parties amicable settlement through the Compromise Agreement and professes that it interposes no objection to respondents prayer for dismissal of the petition. Petitioner also submits, aside from a copy of the Compromise Agreement, a Joint Release, Waiver and Quitclaim6cra1aw dated June 16, 2010, where the respondents acknowledged receipt of the amounts indicated in the Compromise Agreement as complete settlement of all their claims against petitioner, relative to this case, and in consideration of which they
The Joint Release, Waiver and Quitclaim was signed individually by respondents and their counsel of record.
Under the Civil Code of the Philippines,8cra1aw contracting parties may establish such stipulations, clauses, terms, and conditions, as they deem convenient, so long as they are not contrary to law, morals, good customs, public order, or public policy. A compromise agreement is a contract whereby the parties undertake reciprocal obligations to resolve their differences in order to avoid litigation or put an end to one already instituted.9cra1aw It is a judicial covenant having the force and effect of a judgment, subject to execution in accordance with the Rules of Court, and having the effect and authority of res judicata upon its approval by the court where the litigation is pending.10chanroblesvirtuallawlibrary
Finding the Compromise Agreement dated June 16, 2010 between petitioner and respondents to be validly executed, not being contrary to law, morals, good customs, public order, or public policy, we, therefore, accept and affirm the same.
WHEREFORE, the Manifestation and Motion of respondents Rodrigo Mercado, et al. is GRANTED. The Compromise Agreement dated June 16, 2010 between petitioner Coca-Cola Bottlers Philippines, Inc. and respondents Rodrigo Mercado, et al. is AFFIRMED, and judgment is rendered accordingly. The instant controversy is DISMISSED. No costs.SO ORDERED. ANTONIO EDUARDO B. NACHURA
Acting Chairperson WE CONCUR:chanroblesvirtualawlibrary
PRESBITERO J. VELASCO, JR.****
MARIA LOURDES P.A. SERENO
A T T E S T A T I O N
I attest that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.
ANTONIO EDUARDO B. NACHURA
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution and the Division Acting Chairperson's Attestation, I certify that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.
RENATO C. CORONA
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