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SECOND DIVISION

G.R. No. L-52806 December 19, 1980

GREGORIO ARANETA UNIVERSITY FOUNDATION, Petitioner, vs. AMADO G. INCIONG, Deputy Minister of Labor, GREGORIO ARANETA UNIVERSITY FOUNDATION FACULTY SOCIETY and GREGORIO ARANETA UNIVERSITY FOUNDATION EMPLOYEES' ASSOCIATION, Respondents.

AQUINO, J.:

The Gregorio Araneta University Foundation, in its petition for certiorari, prohibition and injunction dated February 29, 1980, sought to annul the resolution of the Deputy Minister of Labor dated February 21, 1980 in Case No. R4-FSD-10-171678 of the Ministry of Labor entitled "Gregorio Araneta University Foundation Faculty Society and Gregorio Araneta University Foundation Employees' Association vs. Gregorio Araneta University Foundation". That resolution reads as follows: chanrobles virtual law library

In order to put an end to the current strike which affects adversely more than 16,000 students and to normalize and stabilize the operations of the University and based on summary consultations with representatives of the parties presided by the Deputy Minister of Labor and on the records of the case, the following are hereby ordered as the final and complete resolution of the appealed decision: chanrobles virtual law library

1. The University shall pay 50% of the over load awarded by the Regional Director. Effective school-year 1980-81 all loads in excess of 18 hours shall be paid on hourly basis on top of monthly pay.chanroblesvirtualawlibrary chanrobles virtual law library

2. The University shall pay the five-day service incentive leave pay of probationary teachers or faculty members who have rendered more than one year of service and who are not enjoying at least 5 days vacation leave benefit.chanroblesvirtualawlibrary chanrobles virtual law library

3. The University shall pay the benefit which is fixed by GAUF policies to faculty members who passed Board, Civil Service and other government examinations computed from the nine of passing.chanroblesvirtualawlibrary chanrobles virtual law library

4. The University shall pay Domingo Espiritu all the benefit enjoyed by regular workers for three years immediately preceding the date of filing of the complaint.chanroblesvirtualawlibrary chanrobles virtual law library

5. The University shall implement the 30-day multiplier as specifically provided under Section 278, Article 67 of the GAUF Policies.chanroblesvirtualawlibrary chanrobles virtual law library

6, The University shall pay the 50% monthly emergency cost of living allowance under PD 525 to all employees who were enjoying the benefit and were deprived of it when their salaries reached P600 or more.chanroblesvirtualawlibrary chanrobles virtual law library

7. The University shall pay all employees the 10 paid legal holidays from the time this benefit was withdrawn.chanroblesvirtualawlibrary chanrobles virtual law library

8. The University shall comply with PD451, if 60% of the tuition fee increases is not fully implemented. To determine compliance, a three-man committee composed of one representative of complainants, one representative of the respondent and a representative of the Ministry of Labor who shall act as Chairman shall examine relevant records of the company.chanroblesvirtualawlibrary chanrobles virtual law library

9. The University shall compute and pay the differential of the 13% pay adjustment with the 30-day multiplier in fixing the minimum wage per Section 278, Article 67 of GAUF Policies.

The petitioner also prayed that the said case be decided on the merits.chanroblesvirtualawlibrary chanrobles virtual law library

The respondents were required to comment on the petition. A temporary restraining order was issued. The Solicitor General submitted his comment for the Deputy Minister of labor.chanroblesvirtualawlibrary chanrobles virtual law library

In a manifestation dated April 2, 1980, the 'lawyers of the petitioner and the private respondents disclosed that the parties had agreed to settle the case amicably and that a compromise agreement would be submitted after the terms and conditions thereof were finalized.chanroblesvirtualawlibrary chanrobles virtual law library

On November 26, 1980, the parties submitted the following: chanrobles virtual law library

AMICABLE SETTLEMENT chanrobles virtual law library

COME NOW, the parties in the above entitled case, assisted by their respective counsels, and to this Hon. Supreme Court respectfully submit the following terms and conditions by way of Compromise Agreement: chanrobles virtual law library

That both parties agreed to settle this case for the best interest of the University; chanrobles virtual law library

That as a consequence thereof, herein Petitioner shall pay the following items pursuant to the Resolution of the Hon. ds to this item, the excess of 18 hours will be considered overload inside office hours. The claim covers 50%, of the unpaid overload inside which shall be paid in four (4) installments beginning April 7, 1980.chanroblesvirtualawlibrary chanrobles virtual law library

1. Overload claim: With regarpay the special salary increase provided in the Manual of Policies, Rules and Regulations of the University to faculty members who shall have passed the Board, bar or equivalent civil service examinations in accordance with the following guidelines: chanrobles virtual law library

2. Five-day service incentive leave pay of probationary teachers or faculty members who have rendered more than one year of service and who are not enjoying at least 5 days vacation leave benefit.chanroblesvirtualawlibrary chanrobles virtual law library

3. The benefit which is fixed by GAUF policies to faculty members who passed Board, Civil Service and other government examinations, computed from the time of passing.chanroblesvirtualawlibrary chanrobles virtual law library

The University shall Deputy Minister of Labor dated February 21, 1980: chanrobles virtual law library

1. The examination shall have been taken when the faculty member is already employed with the University.chanroblesvirtualawlibrary chanrobles virtual law library

2. The amount shall be paid effective as of the date of release of the examination rating (date of certificate of rating) provided; however, that examinations taken before the Manual of Policies, Rules and Regulations took effective on September 6, 1972 will not be considered for the purpose of said benefit.chanroblesvirtualawlibrary chanrobles virtual law library

3. Those who shall heretofore pass the aforementioned examinations shall be paid the corresponding benefit effective on the date of the presentation of the necessary certificate of rating in said examinations.chanroblesvirtualawlibrary chanrobles virtual law library

4. The University shall pay Domingo Espiritu all the benefits enjoyed by regular workers for three (3) years immediately preceding the date of filing of the complaint.chanroblesvirtualawlibrary chanrobles virtual law library

5. The University shall implement the 30-day multiplier as specifically provided under Sec. 278, Art. 67 of the GAUF Policies.chanroblesvirtualawlibrary chanrobles virtual law library

6. The University shall pay the P50.00 monthly emergency cost of living allowance under PD 525 to all employees who were enjoying the benefit and were deprived of it when their salaries reached P600.00 or more.chanroblesvirtualawlibrary chanrobles virtual law library

7. The University shall comply with P. D. 451, if 60% of the tuition fee increases is not fully implemented. To determine compliance, a three-man committee of one representative of complainants, one representative of the respondent and a representative of the Ministry of Labor who will act as Chairman will examine relevant records of the company.chanroblesvirtualawlibrary chanrobles virtual law library

8. The University shall compute and pay the differential of the 13%, pay adjustment with the 30-day multiplier in fixing the minimum wage per sec. 278, Art. 67 of GAUF policies.chanroblesvirtualawlibrary chanrobles virtual law library

That herein respondents, GAUF Faculty Society and Employees' Association waive the right to claim for the ten (10) paid legal holidays from the time this benefit was withdrawn and agreed that this issue be considered closed for any future legal action; chanrobles virtual law library

That as a condition precedent to the waiver, on holiday pay, the amount of P60,000.00 has been paid to herein respondents as 'Signing Compromise Pay'; chanrobles virtual law library

That herein Petitioner shall pay the aforesaid claims; chanrobles virtual law library

That attorney's fees of 10% shall be deducted for every weekly payments provided such deduction is expressly authorized in writing by the respective Presidents of the GAUF Faculty Society and Employees' Association and/or its members; chanrobles virtual law library

That this Compromise Agreement shall be a bar of respondents to file any court action against Petitioner, it assigns and/or representatives now or in the future and that this particular case is for all its legal intents and purposes considered closed.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the parties respectfully pray that judgment be rendered on the basis of the terms and conditions of this Compromise Agreement.chanroblesvirtualawlibrary chanrobles virtual law library

Manila, Philippines, November 25, 1980.chanroblesvirtualawlibrary chanrobles virtual law library

GREGORIO ARANETA UNIVERSITY FOUNDATION (Petitioner) chanrobles virtual law library

By: chanrobles virtual law library

(Sgd.) Vitaliano Bernardino VITALIANO BERNARDINO President chanrobles virtual law library

GAUF FACULTY SOCIETY AND GAUF EMPLOYEES' ASSOCIATION chanrobles virtual law library

(Respondents) chanrobles virtual law library

By: chanrobles virtual law library

(Sgd.) Josefina B. Callangan chanrobles virtual law library

JOSEFINA B. CALLANGAN chanrobles virtual law library

President, Faculty Society chanrobles virtual law library

chanrobles virtual law library

(Sgd.) Emiliano Mendana chanrobles virtual law library

EMILIANO MENDANA chanrobles virtual law library

President, Employees' Association chanrobles virtual law library

Attested by: chanrobles virtual law library

GONZALES, VERCELES & ASSOCIATES Counsel for Private Respondents 609 San Marcelino Street Ermita, Manila chanrobles virtual law library

By: chanrobles virtual law library

Sgd. (Illegible) (Sgd.) Marcelo C. Amiana chanrobles virtual law library

(Sgd.) Pablita Ammay chanrobles virtual law library

MARCELO C. AMIANA & PABLITA AMMAY chanrobles virtual law library

Counsel for Petitioner Gregorio Araneta University Foundation chanrobles virtual law library

Copy furnished: chanrobles virtual law library

The Solicitor General Hon. Amado G. Inciong Manila Deputy Minister of Labor Intramuros, Manila

WHEREFORE, the foregoing amicable settlement is approved and judgment is hereby rendered in accordance therewith. The parties are enjoined to comply with the terms of the compromise. The temporary restraining order is dissolved. No costs.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.