G.R. Nos. L-56656-60. September 25, 1981
MARCELO STEEL CORPORATION, PETITIONER, VS. MARCELO STEEL WORKERS UNION AND NATIONAL LABOR RELATIONS COMMISSION RESPONDENTS.
AQUINO, J.:
Marcelo Steel Corporation filed on April 15, 1981 a petition
assailing (a) the decision of the National Labor Relations Commission dated
March 23, 1978, granting all covered employees certain wage increases, (b) the
order of Deputy Minister Amado G. Inciong dated May 28, 1979, affirming the
NLRC decision, and (c) the resolution of the NLRC affirming the order of Labor
Arbiter Antonio Tria Tirona granting complainant’s motion for a writ of
execution (Annexes A, C and I of the petition).
The respondents submitted their comments on the petition.
On September 8, 1981, the petitioner
and the Marcelo Steel Workers Union
filed the following:
“JOINT
MOTION TO WITHDRAW
“NOW COME, the Petitioner and Private Respondents thru their
respective counsels of record, upon previous authority of their respective
clients, most respectfully request the Honorable Tribunal to withdraw from the
records the herein Petition for Review considering that parties hereof have
agreed to abide with the terms and conditions of their joint agreement dated
June 23, 1981 filed with the Public Respondent, National Labor Relations
Commission, and any such order of the latter, as a result thereof will be
faithfully complied by the parties.
“That the aforementioned Joint Agreement of June 23, 1981 had been duly ratified,
accepted and approved by the individual members of the bargaining unit as
evidenced by copies hereof of the Union Board resolutions and the individual
ratification slips of the members of the Unit.
Attached herewith are certified xerox copies of the aforementioned joint
agreement of June 23, 1981 marked as Annex A and Board Resolution dated June
23, 1981 marked as Annex B as well as xerox copies of the list of all
rank-and-file employees in the bargaining unit who are all union members who
have ratified the aforementioned Joint Agreement as indicated in its individual
ratification slips hereto attached and marked as Annexes C to C-____hereof.
“WHEREFORE, in the light of the foregoing, it is respectfully
prayed that this Petition and all incidents thereto be withdrawn from the
records and or dismissed for being moot and academic.
“Parties further pray for other just and equitable remedy.
“Manila, Philippines,
September 1, 1981.
MARCELO STEEL CORPORATION MARCELO
STEEL WORKERS UNION
BY: BY:
Sgd.
Jose P. Marcelo, Sr. Sgd. Bibiano A. Navarra
Typed. JOSE P.
MARCELO, SR. Typed. BIBIANO A. NAVARRA
President President-MSWU
WU-ALUMETA?
Assisted by:
Sgd. Fredy A. Gomez Sgd. Venerando B. Briones
Typed. FREDY
A. GOMEZ Typed.
VENERANDO B. BRIONES
Counsel
Counsel
Copy Furnished:
NATIONAL LABOR RELATIONS COMMISSION
Manila
Office of the Solicitor General
Padre Faura, Manila”
In view thereof, this case is dismissed and considered
closed. No costs.
SO ORDERED.
Concepcion, Jr., Fernandez, Abad Santos, and De Castro, JJ., concur.