GAY FAYE D. ESGUERRA, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION, SUN LIFE OF CANADA (PHILIPPINES), INC., RIZALINA G. MANTARING, IN HER CAPACITY AS PRESIDENT AND CEO, M…

Decisions / Signed Resolutions February 24, 2015 FOURTEENTH DIVISION BATO, JR., J.:


BATO, JR., J.:


On October 15, 2014, the Court issued a Minute Resolution[1] suspending the submission of the petition for decision and referring the same for mediation to the Philippine Mediation Center, CA Unit.

On February 24, 2015, Appeals Court Mediator, Atty. Jack Andrew O. Miranda, issued a report[2] which stated that there was a successful settlement of the case as evidenced by a Compromise Agreement[3] dated February 24, 2015 entered into by and between petitioner Gay Faye D. Esguerra and respondent Sun Life of Canada (Philippines), Inc., pertinent portions of which read as follows:

“COMPROMISE AGREEMENT

WHEREAS, GAY FAYE D. ESGUERRA, was employed by SUN LIFE OF CANADA (PHILIPPINES), INC. [the ‘Company’].

WHEREAS, complainant filed a Petition (Appeal) with the Court of Appeals entitled ‘Gay Faye D. Esguerra vs. National Labor Relations Commission, Sunlife of Canada (Philippines), Inc., et al.’ docketed as CA G.R. SP No. 134877 (NLRC LAC No. 06-001793-13).

WHEREAS, the parties have decided to settle their differences and put an end to the instant case.

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants set forth hereinbelow, the parties agree as follows:

1. In consideration of complainant’s past services with the Company, complainant shall receive the amount of FIVE HUNDRED FIFTY THOUSAND PESOS (P550,000.00) as full and complete satisfaction of whatever claims and complaints she may have against the Company.

2. Complainant freely and voluntarily release, remise and discharge the Company and its officers from any liability or claims arising from in relation to and/or in connection with his/her past services with the Company, and with the above-cited case.

3. By virtue of this Agreement, the complainant moves and considers her claims in the above-captioned case against the Company as withdrawn and dismissed, with prejudice, and undertakes to desist from prosecuting and/or instituting any other case or claim against the Company.

4. The parties undertakes (sic) to keep strictly confidential the execution of this Compromise Agreement and the contents thereof including the amount I received from the Company.

5. The Company agrees to issue a certificate of employment to complainant without derogatory remarks.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 24 day of February 2015 at PMC-CA Manila.

COMPLAINANT: SUNLIFE OF CANADA (PHILIPPINES) INC.

By:
(Original Sgd.)
GAY FAYE D. ESGUERRA
(Original Sgd.).”

WHEREFORE, considering that the afore-quoted Compromise Agreement is not contrary to law, morals, good custom and public policy, the same is hereby APPROVED. The parties are enjoined to faithfully comply with the terms and conditions of the Compromise Agreement.

The above-entitled case is now considered CLOSED and TERMINATED.

Let entry of judgment be issued pursuant to the 2009 Internal Rules of the Court of Appeals.

SO ORDERED.

Barrios, and Diy, JJ., concur.


[1] Rollo, p. 1017.

[2] Rollo, p. 1018.

[3] Rollo, p. 1019.