ULDARICO NOTA, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION, COCA-COLA BOTTLERS PHILS. INC., / AND ROMAC SERVICES AND TRADING COMPANY, RESPONDENTS.
BALTAZAR-PADILLA, J.:
“The Report of the Philippine Mediation Center-Court of Appeals Unit that the parties have settled their case amicably with attached Joint Motion to Dismiss, Compromise Agreement and Release Waiver and Quitclaim is noted.
Before acting on the PMC-CA Unit Report of a successful settlement between petitioner and Coca-Cola Bottlers Inc. and the Joint Motion to Dismiss, petitioner is directed to inform this Court how he intends to proceed with the petition against Romac Services and Trading Company within five (5) days from notice.”[1]
In compliance with the aforesaid directive, petitioner filed a Motion to Admit Compliance whereby he manifested that he is no longer interested in pursuing the extant petition against the other respondent, Romac Services and Trading Company.
The Compromise Agreement entered into between petitioner Uldarico A. Nota and respondent Coca-Cola Bottlers Phil., Inc. provides:
WITNESSETH
“COMPROMISE AGREEMENT
This Compromise Agreement is made and entered into by and between:
ULDARICO A. NOTA (hereafter, the “Petitioner”)
– and –
COCA-COLA BOTTLERS PHILIPPINES, INC., a domestic corporation and represented by its duly authorized attorney-in-fact, MS. EVANGELINE T. BARGO, (hereafter, the “Company”)
WITNESSETH: That
WHEREAS, petitioner filed a complaint for illegal dismissal against the Company entitled “Roderick De Guzman and Uldarico Nota v. Coca-Cola Bottlers Philippines, Inc. and Jess Bangsil” and docketed as NLRC Case No. 01-01645-11 (hereafter, the “NLRC CASE”);
WHEREAS, on 28 September 2011, Labor Arbiter Fe Cellan rendered a Decision dismissing the complaint for illegal dismissal for lack of merit;
WHEREAS, petitioner subsequently appealed the 28 September 2011 Decision with the National Labor Relations Commission;
WHEREAS, on 14 August 2012, the NLRC affirmed the 28 September 2011 Decision of Labor Arbiter Cellan. Petitioner moved for a reconsideration of the 14 August 2012 Decision of the NLRC but it was likewise denied in a Resolution dated 21 November 2012;
WHEREAS, Petitioner filed a Petition for Certiorari with the Court of Appeals entitled “Uldarico Nota v. National Labor Relations Commission, Coca-Cola Bottlers Philippines,Inc., and Romac Services and Trading Company” and docketed as C.A. G.R. SP No. 128652 (“CA Case”) to assail the 14 August 2012 Decision and 21 November 2012 Resolution of the NLRC;
WHEREAS, in a Resolution dated 8 October 2013, the Court of Appeals referred the CA Case to the Philippine Mediation Center-Court of Appeals Unit for possible amicable settlement;
WHEREAS, during the mediation proceedings before the Philippine Mediation Center-Court of Appeals Unit, petitioner and the Company, with the assistance of their chosen mediator have agreed to amicably, fully and finally settle their differences and to dismiss the CA Case/NLRC Case under the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants set forth herein below, the parties hereby agree as follows:
1. Without admitting any liability, and if only to buy peace, the Company has agreed to pay petitioner, and the latter acknowledges receipt from the Company, of the amount of TWO HUNDRED THOUSAND PESOS (Php200,000.00) as and by way of financial assistance and as full and complete settlement/satisfaction of all his respective claims, compensation and benefits due him under the law, established practices and Company policies in connection with: (a) the NLRC Case and the CA Case; (b) his employment with any of the third-party service providers which may have entered into contracting arrangements with the Company, including Romac Services and Trading Company (“Romac”); (c) his assignment to the Company by any of the aforesaid service providers; and (d) the termination of his assignment to the Company by any of the third-party service providers.
2. Petitioner hereby expressly confirms: (a) his employment with Romac; (b) the validity of his assignment to the Company his employment with Romac or any other service provider; and (c) the validity of the termination of his assignment to the Company by Romac or any other third-party service provider.
3. Petitioner irrevocably, fully and forever releases, remises and discharges the Company, its officers, directors and employees and its successors-in-interest of and from any and all claims, liabilities, compensation of every kind and nature whatsoever, suits, actions, and causes of action, either known or unknown, anticipated or unanticipated, in law or in equity, which he ever had, now have, or may hereafter have, by reason of any matter, cause or thing whatsoever accruing, occurring, or arising at any time, including without limitation to those arising in connection with (a) his employment with Romac and any other third-party service provider; (b) his assignment to the Company by Romac or any other service provider; (c) the termination of his assignment to the Company by Romac and any other third-party service provider; and (d) any and all causes of action related to, incidental to, in connection with, or arising out of the NLRC Case and the CA Case and / or the causes of action pleased therein.
3. (sic) Petitioner undertakes to withdraw and cause the dismissal of his petition in the CA Case and to desist from instituting any other case or claim against the Company and any of its officers or employees in connection with: (a) his employment with Romac; (b) the validity of his assignment to the Company his employment with Romac or any other service provider; and (c) the validity of the termination of his assignment to the Company by Romac or any other third-party service provider.
4. The parties agree to execute the necessary Joint Motion to Dismiss to finally terminate the CA Case and the NLRC Case.
5. The parties declare that they have read and fully understood this document, and have affixed their signatures hereunder voluntarily and freely with full and complete knowledge of the import and intent of this document and of their rights under existing laws and rules.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 4th day of April 2014 at Manila, Philippines.
(Sgd.) ULDARICO NOTA COCA-COLA BOTTLERS Petitioner PHILIPPINES, INC. Assisted by counsel: (Sgd.) ATTY. ARMANDO SAN ANTONIO By: (Sgd.) EVANGELINE T. BARGO Assisted by Mediator: (Sgd.) ATTY. JACK ANDREW O. MIRANDA x x x”[2]
WHEREFORE, it appearing that the aforementioned Compromise Agreement is not contrary to law, morals, good customs, public order and public policy, the same is hereby APPROVED and a Decision is rendered on the basis thereof.
The parties are enjoined to comply with its provisions in utmost good faith.
The case against the other respondent, Romac Services and Trading Company, is DISMISSED.
The case is now declared CLOSED and TERMINATED.
SO ORDERED.
Tijam, (Chairperson), and Reyes-Carpio, JJ., concur.
[1] Rollo, p. 726.
[2] Rollo, pp. 697-700.