619 Phil. 812
That parties have already executed a Compromise Agreement on 6 October 2008, which agreement was entered in the Notarial Register of Atty. Kathlene Gonzales as Doc. No. 210; Page No. 42; Book No. III; Series of 2008; copy of which is hereto attached as Annex "A";
That this Compromise Agreement entered into by the parties is not contrary to law, morals, good custom and public policy.
In a Resolution dated 9 December 2008, this Court required the Office of the Solicitor General (OSG), for respondent Civil Service Commission (CSC), to comment on the aforequoted Compromise Agreement.
KNOW ALL MEN BY THESE PRESENTS:
This Compromise Agreement entered into this x x x October 06, 2008, at Cagayan de Oro City, Philippines, by and between:
PROVINCE OF MISAMIS ORIENTAL, a local government unit (LGU) created and existing under the laws of the Republic of the Philippines, with official address at the Provincial Capitol, Cagayan de Oro City, herein represented by the Provincial Governor, HON. OSCAR S. MORENO, and therein (sic) after referred to as the PROVINCE;
GRACE L. ANAYRON, an Agriculturist II of the Provincial Government of Misamis Oriental, hereinafter referred to as the EMPLOYEE;
WHEREAS, the PROVINCE, through then Gov. Antonio P. Calingin, is the Petitioner in a case entitled Gov. Antonio P. Calingin vs. Civil Service Commission and Grace L. Anayron, docketed as CA-G.R. SP No. 77210 before the Court of Appeals, Mindanao Station, while the EMPLOYEE is the Private Respondent therein;
WHEREAS, the subject of the said petition before the Court of Appeals are the Civil Service Commission Resolutions Nos. 02-1530 and 03-0431, dated December 3, 2002 and March 31, 2003, respectively, ordering the reinstatement and payment of back salaries and other benefits to EMPLOYEE covering the period from July 12, 1999 to December 31, 2006;
WHEREAS, on April 17, 2006 the EMPLOYEE was reinstated back to work at the Provincial Agriculture Office (PANRO), Province of Misamis Oriental with the position [of] Agriculturist II, Salary Grade 15;
WHEREAS, on June 19, 2008 said petition of the PROVINCE was elevated to the Supreme Court on a Petition for Review and docketed as G.R. No. 183322 (Gov. Antonio P. Calingin vs. Civil Service Commission and Grace L. Anayron);
WHEREAS, after due consideration and for the best interest of the parties, the PROVINCE and EMPLOYEE agreed to settle the case and that the former shall pay the latter a full and final settlement amount in PESOS: ONE MILLION (PhP 1,000,000.00) representing Employee's back salaries and other benefits covering the period stated in the preceding paragraph;
WHEREAS, the PROVINCE shall pay the GSIS, PAG-IBIG, PHILHEALTH and SCC premiums of the EMPLOYEE, which amounts to PhP 100,000.00 based and/or computed on the settlement amount which is PhP 1,000,000.00, should there be any excess to the amount of PhP 100,000.00, the excess shall be borne/paid by the employees (sic);
WHEREAS, EMPLOYEE unequivocally agreed that the payment of ONE MILLION PESOS (PhP 1,000,000.00) shall be on October 10, 2008;
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenant thereinafter set forth, the parties have agreed as they thereby agrees as follows:
- That EMPLOYEE shall receive from PROVINCE the payment of the settlement amount in PESOS: ONE MILLION PESOS (PhP1,000,000.00), on October 10, 2008;
- That the PROVINCE shall pay the GSIS. PAG-IBIG, premiums/contributions of the EMPLOYEE in the amount of PhP100,000.00 covering the period July 12, 1999 to December 31, 2006 and any excess to the amount of PhP100,000.00 shall be borne/paid by the EMPLOYEE;
- That this settlement is with prejudice, and the payment by the PROVINCE to EMPLOYEE of the settlement amount in PESOS: ONE MILLION (PhP1,000,000.00) shall be the full and final settlement representing EMPLOYEE'S back salaries and other benefits pursuant to above-mentioned Civil Service Commission Resolution Nos. 02-1530 and 03-0431 dated December 3, 2002 and March 31, 2003, respectively;
- That in consideration for (sic) the settlement amount due to EMPLOYEE in PESOS: ONE MILLION (PhP1,000,000.00), the latter, her successors, and assigns hereby waive, renounce, quitclaim, release and discharge PROVINCE and all its officers forever and irrevocably from any and all claims, rights and interests which EMPLOYEE may have, arising from the above-mentioned cases;
- That the parties shall undertake a joint manifestation to be filed with the Civil Service Commission and the Supreme Court, informing said Honorable Office and Honorable Court, respectively, of this Joint (sic) Compromise Agreement, with a copy of the same attached thereto;
- That this Compromise Agreement shall be effective upon the approval by the Sangguniang Panlalawigan of Misamis Oriental.
IN WITNESS WHEREOF, the parties have thereunto set their hands this October 06, 2008 in Cagayan de Oro City.
(Sgd.) (Sgd.) __________________________________ __________________________________ OSCAR S. MORENO GRACE L. ANAYRON Representing PROVINCE EMPLOYEESigned In The Presence Of:
(Sgd.) (Sgd.) _______________________________ and ______________________________ PABLO P. MAGTAJAS REV. FR. FREDBERTO RANAN