THE SAN MIGUEL CORPORATION, PETITIONER, VS. THE HONORABLE SECRETARY OF LABOR, THE NATIONAL LABOR RELATIONS COMMISSION, SAN MIGUEL BREWERY SALES FORCE UNION (PTGWO) AND JEROME ES…

The San Miguel Corporation filed the instant Petition for review
of a Decision of the Hon. Secretary of Labor dated Feb­ruary 18, 1974, the dispositive
portion of which reads:

“WHEREFORE, for lack of merit, the Motion for Reconsideration
interposed by respondent, which is hereby treated as an appeal, should be, as it is hereby, Denied.  Respondent is hereby ordered to reinstate
complainant immediately, with back wages beginning July 26, 1973 until his actual and effective
reinstatement.  The Commission’s Order
and the Arbitrator’s Award are accordingly modified.” (pp. 93-94, rollo)

The thrust of the appeal is that inasmuch as respondent Secretary
of Labor held that private respondent Espino
committed a violation of company rules and ordered him suspended for a period
of one (1) year, respondent Secretary committed a grave abuse of discretion
when he required petitioner to reinstate respondent Espino
to the same position of trust and confidence he was holding and pay him commissions
which he had not earned.

Finding the appeal prima facie meritorious, We required respondents to comment on the Petition after
which parties were given time to file their memoranda and the case was
considered submitted for decision.  (pp.
146, 169, rollo)

On January 4, 1977,
the Court received petitioner’s “Motion to Withdraw Appeal” which
alleged that an amicable settlement was arrived at by the parties.  Copy of the agreement is attached to the
motion and it reads in part as follows:

“WHEREAS, pending the resolution of the aforesaid Petition for
Review on Certiorari, individual respondent Jerome Espino
wrote the company a letter seeking retirement and/or termination from his employment
effective December 15, 1976 if granted the amount of P6,065.35
covering backwages from July 25, 1973 to the date of
his reinstatement of June 10, 1974, as well as termination pay, vacation and
sick leave commutation benefits;

“WHEREAS, the proposal of Mr. Jerome Espino
is acceptable to the San Miguel Corporation;

“NOW, THEREFORE, in consideration of the premises, covenants
and undertakings, terms and conditions herein contained, it is hereby mutually
agreed by and between the parties hereto as follows:

“1.  Jerome Espino agrees as per his voluntary proposal to be terminated
and/or retired from employment effective December 15, 1976.

“2.  Jerome Espino
accepts the fact that during the period covering July 25, 1973 to June
10, 1974, he was not entitled to any commission.

“3. Jerome Espino hereby accepts and acknowledges receipt from the San
Miguel Corporation the total amount of P26,120.82 in consideration of the
foregoing:

Back wages without commission      –         P  
6,065.35

Termination pay benefits                    –            16,481.24

Unused vacation and sick leave pay  –             
3,574.23

P26,120. 82

“4.  Jerome Espino waives
any and all claims which he ever had, now has, or shall or may have upon or by
reason of any matter, cause or thing whatsoever in connection with his
employment with the San Miguel Corporation up to the time of these presents.

“5.  The San Miguel Corporation agrees to withdraw
its appeal in Case No. G.R. L-40817 upon final execution of
this instrument and the necessary release
papers.

“6.  Jerome Espino
further waives any and all rights he may have pursuant to the decision in the
case entitled ‘Jerome Espino, et al. vs. SMC’, NLRC
Case No. LR-182.

“IN WITNESS WHEREOF, the parties have hereunto set their hands
at Makati,
Rizal, Philippines,
this 17th day of December, 1976.

(Sgd.)
J. Espino                                                                                            SAN
MIGUEL CORPORATION

JEROME ESPINO

By:

Assisted by: 

(Sgd.) Jose V. Adriano

(Sgd.)
JESUS ROMEO D. DUQUE                                                                        JOSE V. ADRIANO

   
                  Counsel                                                                                                  Vice President

WHEREFORE, considering
that the aforequoted Agreement was signed by
respondent Jerome Espino with the assistance of
counsel, and that the same is a voluntary termination of employment with
payment of all benefits due to said respondent, the same is hereby approved and
judgment is rendered pursuant
thereto.

Let copy hereof be sent to
Atty. Isidro D. Amoroso, the
counsel of record of private respondent as shown in page 144 of the rollo
of this case.

So Ordered.

Teehankee, (Chairman), Makasiar, Concepcion, Jr., and Martin, JJ., concur.