G.R. No. 58096. February 20, 1984

SYLVIA LOPEZ ALEJANDRO, PETITIONER, VS. PHILIPPINE AIRLINES AND MARTIN BONOAN, RESPONDENTS.

Decisions / Signed Resolutions February 20, 1984 SECOND DIVISION GUERRERO, J.:
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GUERRERO, J.:


Petitioner Sylvia Lopez Alejandro, assisted by counsel Delia L. Hermoso
and Cleofe B. Villar-Verzola, and respondent Philippine Airlines,
represented by Ismael G. Khan, Jr. and assisted by Ricardo V. Puno, Jr.,
submitted to this Court the following Compromise Agree­ment for
approval:

“COMPROMISE AGREEMENT

COME NOW the parties, assisted by their respective counsel, and to this
Honorable Court respectfully submit the following Compromise Agreement
for its approval:

1. Petitioner hereby agrees to dismiss the present petition
and to desist from filing any unfair labor practice cage or any other
labor, administrative, civil or criminal case of any kind whatsoever
against Respondents, arising out of her employment with Respondent
Philippine Airlines, Inc. (hereinafter referred to as “PAL”), in
consideration of Respondents’ agreement to make certain payments and
grant certain benefits, as follows:

(a) Respondent shall pay to Petitioner within 10 days from
approval of this compromise agreement, separation pay equivalent to one
(1) month’s pay for each year of Petitioner’s 17.5 years of service with
Respondent PAL. Petitioner shall thereafter be deemed retired
effective December 31, 1983 by reason of redundancy of her position as
Director-Industry Affairs.

(b) In addition, Petitioner shall be paid the cash
equivalent of unused vacation leave, which the parties agree totals 22
days;

(c) Petitioner and her husband shall each be granted FIVE
(5) trip passes for international trips and FIVE (5) trip passes for
domestic or regional trips, while her two sons shall each be
entitled to TWO (2) sets of trip passes, each for international and
domestic or regional. Such trip passes must be ticketed and all trips
actually undertaken within a period of 10 years commencing January 1,
1984. In addition, petitioner and her aforementioned family members
shall also each be allowed respectively to travel under the reduced
rates of 50% under a PSQ F/Business Class/Y 6-2 category within a period
of ten (10) years from January 1, 1984 and under the reduced rates of
25% under the same category within a period of fifteen (15) years
thereafter. All passes obtained by Petitioner, her husband and two sons
in accordance herewith shall carry PSQ F/Y category and shall be
entitled to all privileges, but subject to such limitations, appurtenant
to such category under applicable company rules and regulations.

(d) Petitioner shall also be entitled to such medical and
dental benefits normally available to an incumbent employee of
Petitioner’s rank for a period of one year from January 1, 1984.

2. Petitioner hereby agrees to accept the foregoing payments
and benefits in full and final settlement of all claims against
Respondent PAL for amounts due or benefits and privileges arising from
or in any way connected with Petitioner’s employment with Respondent
PAL. In consideration thereof, Petitioner irrevocably consents to be
deemed retired from Respondent PAL effective December 31, 1983. As an
integral part of this compromise agreement, Petitioner warrants and
covenants that no unfair labor practice or any other labor,
administrative, civil or criminal suit arising out of or in any way
predicated upon Petitioner’s employment with Respondent PAL shall be
filed by her or in her behalf or by anyone asserting any right derived
from Petitioner.

3. The parties agree to mutually waive, as they hereby waive in
favor of each other and in favor of Respondent PAL’s directors,
officers or employees any and all rights of action accruing to and
against each other on account of Petitioner’s employment with Respondent
PAL.

4. This Compromise Agreement shall be without prejudice to the
future re-employment of Petitioner by Respondent PAL under mutually
acceptable terms and conditions. It is understood that in any future
re-employment, Petitioner shall be considered a new employee, subject to
all pertinent company regulations applicable to new employees, such as
but not limited to entrance requirements and new employees’ benefits.

WHEREFORE, it is respectfully prayed that the foregoing Compromise
Agreement not being contrary to law, morals and public (sic) be approved
and that judgment be rendered in accordance therewith.

Makati for Manila, December 27, 1983.

(SGD.)
PHILIPPINE AIRLINES
SYLVIA LOPEZ ALEJANDRO
Respondent
Petitioner
BY –
(SGD.)
ISMAEL G. KHAN, JR.
Assisted by:
Assisted by:
(SGD.)
(SGD.)
RICARDO V. PUNO, JR.
DELIA L. HERMOSO
(SGD.)
CLEOFE B. VILLAR-VERZOLA D.S. TANTUICO & ASSOCIATES 3rd Floor, Universal-Re Bldg. 106 Paseo de Roxas Makati, Metro Manila”

Finding the foregoing Compromise Agreement not being contrary to law,
public order, public policy, morals and good customs, the same is
hereby APPROVED and judgment is hereby rendered in accordance therewith.

The parties are hereby enjoined to comply strictly and faithfully with the terms of said agree­ment.

No costs.

SO ORDERED.

Makasiar, (Chairman), Aquino, Concepcion, Jr., Abad Santos, De Castro, and Escolin, JJ., concur.