716 Phil. 284; 110 OG No. 17, 2656 (April 28, 2014)
SERENO, C.J.:
WHEREFORE, the petition is DISMISSED for lack of merit. CSC Resolution No. 010962 dated May 29, 2001 and CSC Resolution No. 021491 dated November 18, 2002 are affirmed, without prejudice to the filing of whatever appropriate disciplinary case against Emerita Odeña, and subject to the modification that payment of her back salaries shall be computed from date of dismissal up to date of reinstatement, but in no case to exceed five (5) years.Thereafter, petitioner filed a Petition with this Court[16] arguing that the CA committed serious error in ruling that the respondent had been illegally dismissed.
SO ORDERED. (Emphasis supplied)[15]
WHEREFORE, the instant petition is DISMISSED for lack of merit. The assailed CA Decision dated May 14, 2004 is hereby AFFIRMED. Costs against petitioners.The Present Case
SO ORDERED.[18] (Emphasis supplied)
Ipinaglaban ko itong karapatang ito at ito ay aking nakamtan sa papel nga lamang dahil hindi ito lubos na kapanalunan. Limang taong kabayaran katumbas ng halos walong (8) taong pagdurusa ko at ng aking pamilya, ito ba ang tamang katarungan na iginawad sa akin ng City Government of Makati? Proseso po ba ng inyong pamahalaan ang pagpapapirma ng pilit ng Release quit claim at waiver (See attached ‘A&B’) na pag hindi ka pumirma hindi mo makukuha ang iyong kabayaran. Kinontra ko iyon sa pagdagdag ng gusto ko (See attached ‘C&C-1’) ngunit walang nangyari. Nagalit sila, matigas daw ang ulo ko di ko raw makukuha ang nais ko pag di ako sumunod. Pananakot para pumirma lang ako sa waiver (see attached ‘D &D-1’) kasama ba iyon sa Decision ng Korte Suprema? Batas ba iyon ng Civil Service Commission?The Ruling of the CSC
Takot na mamatay sa gutom ang pamilya ko kaya naghihimagsik man ang aking kalooban sa matinding pagtutol ay napilitan akong pirmahan iyon-kapalit ng tsekeng nagkakahalaga ng limang daan at limamput libong piso (P550,000.00) lamang para sa limang (5) taong kabayaran. (See attached “E”) Ito ang nangyari noong Mayo 5, 2008 sa opisina ng legal ng City Hall ng Makati. Ito po ba ay angkop na HATOL na inilapat sa akin ng City Government ng Makati? Alam ko hindi ulit makatarungan ang ginawa nilang ito. Hindi makatarungang pagtanggal sa trabaho ang ginawa nila sa akin noon naipanalo ko nga ang aking karapatan ngunit ngayon hindi pa rin makatarungan ang kanilang kabayaran. Hindi sapat ang limang taong (5) kabayaran sa halos magwawalong (8) taong walang hanapbuhay, dapat po bang ako ang umatang ng kakulangan? Nasaan po ba ang tunay na batas?
x x x x
Dahil hindi na ako nagreinstate nagfile ako ng retirement letter effective noong February 13, 2008, petsa nang matanggap ko ang CSC, Resolution No. 08-0132. Di po ba isa sa mga benepisyo ko na dapat matanggap ay ang GSIS, PAG-IBIG at yung mga leave credits ko? May karapatan po ba ako na makuha ko ang kumpletong leave credits ko simula nang maglingkod ako sa City Government of Makati, hanggang sa petsa ng reinstatement ko, kahit ako ay nagfile na ng early retirement? Ayon sa legal ng City Government ng Makati, wala daw po akong karapatan sa benepisyong iyon, lalo na yong pitong taon (7) at labing isang (11) buwan na di ko pagpasok simula nang tinanggal nila ako sa trabaho, kasi accumulation daw po iyon, di ko naman pinasukan kaya di ako dapat bayaran, proseso din daw po iyon ng gobyerno, gaano po katotoo iyon? Naaangkop po ba iyon sa aking katayuan, sila naman po ang dahilan kung bakit di ako nagtrabaho, bakit ako ang magdudusa, ayon po ba iyon sa desisyon ng korte? Bakit inilagay nila yun sa Release quit claim at waiver na pinapirmahan nila sa akin bilang pagsang-ayon kung iyon ay proseso? Meron bang dapat pangilagan ang City Government ng Makati kaya nila ako pinapirma ng Release quit claim at waiver nang sapilitan?
x x x x
Kaya muli po akong maninikluhod upang humingi ng tamang hustisya at mabigyang linaw ang lahat ng katanungan ko sa kung ano ang tunay na batas ng Civil Service Commission. Sana po ay mabigyan ng makatarungang paglapat ng hustisya ang hamak na kawani na katulad ko nang sa ganon ay hindi na maulit muli, at sana ay mabigyan ng karampatang lunas ang hinaing kong ito at maimplemento nang tama ang CSC Resolution 08-132 sa lalong madaling panahon.[27] (Emphasis supplied.)
The CSC took cognizance of respondent’s Letter-Complaint and directed petitioner to file her comment.[28]
In her Comment,[29] petitioner denied the allegations of respondent for being false and baseless. She argued that the 2007 Decision of this Court has become final and executor, and that, under the same, payment of respondent’s back salaries shall be limited to five years only. Moreover, respondent had not been forced to sign a Release, Quitclaim and Waiver, as she executed the same voluntarily. While respondent claimed that the amount of P550,000 representing five (5)-year back salaries is insufficient, respondent has not submitted the supposed correct amount that she should receive. Furthermore, as to her leave credits, respondent had failed to submit the necessary documents so the city government could start processing the release. Finally, as regards the GSIS and PAG-IBIG benefits, petitioner contended that respondent has to personally apply for their release from the said government agencies.
Although it would appear that the Supreme Court in the aforementioned case affirmed the ruling of the Court of Appeals, it is worth noting, however, that there is nothing in the High Court’s decision, either in the body or the dispositive portion, that categorically states that Odena is entitled to back salaries and other benefits only for a period not exceeding five (5) years. As such, it is apposite to conclude that Odena is entitled to the payment of her entire back salaries and other benefits from the date of her illegal dismissal up to the date of her retirement, as will be explained later. This is precisely why the Commission, in all its Resolutions promulgated in relation with this case, was consistent in holding that Odena must be paid her back salaries and other benefits from the days of her illegal dismissal up to her reinstatement.The dispositive portion of CSC Resolution No. 082264[33] provides as follows:
x x x x
Admittedly, there are rulings of the Supreme Court where the claims of an illegally dismissed employee were limited only to five (5) years without conditions and qualifications. Such rulings, however, were expressly and explicitly abandoned in subsequent decisions of the High Court.
x x x x
But even if the Supreme Court had implicitly intended, in the case of Binay vs. Odena, 524 SCRA 248 (2007), that Odena is entitled only to five (5) years of back salaries and other benefits, such will not bar her from claiming payment of the same in full for the entire period she was out from the service as a result of her illegal dismissal. To limit the entitlement of Odena to only five (5) years of back salaries and other benefits will indubitably cause serious injustice to her inasmuch as the prevailing jurisprudence at the time of promulgation of the Binay case, supra, is that an illegally dismissed employee who is ordered reinstated by competent authority is entitled to the payment of his/her illegal dismissal up to his/her reinstatement. Thus, even if the Supreme Court indeed intended to limit to only five (5) years the back salaries and other benefits of Odeña, and that said decision had already become final and executory, the same had to yield to the higher interest of justice. x x x.[32] (Emphases supplied)
WHEREFORE, the incumbent City Mayor of Makati is hereby directed to recompute the full back salaries and other benefits of Emerita B. Odena which she is entitled for seven (7) years, eight (8) months, and twenty-eight (28) days, the entire period she was out of the service as a result of her illegal dismissal. Said benefits shall include the allowances, 13th month pay, bonuses, cash gifts, all other monetary benefits which other employees of the City Government of Makati received within the same period, yearly fifteen (15) days sick and fifteen (15) days vacation leave benefits for the same period including commutation of her entire accrued leave credits that she earned prior to her illegal dismissal. Should there appear, upon re-computation of Odeña’s back salaries and other benefit, an excess of the amount of P558,944.19 which she already received, said excess must be immediately paid her.It is clear from the foregoing that the CSC ignored the 5-year limit imposed on backwages and instead awarded respondent backwages and other benefits equivalent to a period of more than 7 years, pegged from her illegal dismissal in 2000 until her early retirement in 2008.
The City Mayor of Makati is directed to report to the Commission the action he will take to implement the Resolution, within 15 days from receipt hereof. He is likewise reminded that his failure to implement the decision of the Commission shall be reason enough to cite him in indirect contempt of the Commission and shall be the basis for the filing of administrative and criminal charges against him before the proper forum.[34] (Emphases supplied)
Notably, the issue on the computation of the back salaries and other benefits to which Emerita B. Odeña is entitled to raised by the City Government of Makati in its motion for reconsideration were already discussed and passed upon extensively in the Resolution now being sought to be reconsidered. By sheer necessity, however, be it reiterated and emphasized that the apparent affirmation by the Supreme Court of the Decision dated May 14, 2004 of the Court of Appeals must not be employed as an instrument to thwart and ultimately defeat the lawful claim of Odeña for the payment in full of her back salaries and other benefits after her illegal dismissal from the service.The dispositive portion of CSC Resolution No. 090622,[39] which dismissed petitioner’s Motion for Reconsideration, states as follows:
Thus, the doctrine of res judicata being invoked by the City Government of Makati must give way to the higher interest of justice. x x x (Emphasis supplied)[38]
WHEREFORE, the motion for reconsideration of the City Government of Makati is hereby DENIED for lack of merit. Accordingly, the directive of the Commission stated in CSC Resolution No. 08-2264 dated December 8, 2008 is REITERATED whether the incumbent City Mayor of Makati is directed to re-compute the full back salaries and other benefits which Emerita B. Odeña is entitled to for a period of seven (7) years, eight (8) months and twenty-eight (28) days. x x x. (Emphasis supplied)Thereafter, petitioner filed a Rule 43 Petition with the CA[40] and argued that: (1) the CSC Resolutions were violative of the doctrine of res judicata;[41] and (2) the CSC erred in including respondent’s retirement as a ground for her entitlement to full back salaries and other benefits, more than what was granted by this Court in its 2007 Decision.[42] Petitioner contended that the cause of action of the case is the entitlement of respondent to back salaries, and therefore, the issues of her retirement and entitlement to other benefits cannot be assailed.[43]
This notwithstanding, even if such procedural infirmity is to be disregarded, the instant Petition for Review must still be dismissed for being a wrong mode of remedy.Petitioner moved for reconsideration, but the CA denied the motion and affirmed its previous ruling.[47]
Section 1(f), Rule 41 of the Revised Rules of Civil Procedure provides that:Section 1. Subject of appeal. – An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable.It is thus explicit from the above provision that no appeal may be taken from an order of execution. Instead, such order may be challenged by the aggrieved party by way of a special civil action for certiorari under Rule 65 of the Rules of Court.
No appeal may be taken from:
x x x
(f) an order of execution;
x x x
In all the above instances where the judgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under Rule 65. (Emphasis supplied)
Here, the instant Petition for review assails the CSC’s Resolution No. 082264 dated December 8, 2008 and Resolution No. 090622 dated April 28, 2009 ordering herein petitioner City of Government Makati to re-compute the full back salaries and benefits of private respondent from the time of her illegal dismissal up to her retirement. A cursory reading of the petition, however, reveals that the merits of the illegal dismissal case has already been adjudged with finality by the Supreme Court in a Decision dated June 8, 2007. The assailed Resolutions of the CSC arose merely as an incident of the execution when the CSC modified the judgment award on account of private respondent’s complaint wherein she sought to be paid more than what has been awarded to her by the Supreme Court.
Such being the case, petitioner’s recourse to a Petition for Review is unavailing. The filing of a special civil action for certiorari under Rule 65 of the Rules of Court was the proper remedy questioning an order of execution on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction. x x x.[46] (Emphasis supplied)
1. Whether petitioner undertook an improper remedy when it filed a Rule 43 Petition with the CA to question the Resolutions issued by the CSC; andRespondent raises the following preliminary procedural matters:
2. Whether respondent, after receiving payment from petitioner, is still entitled to the additional amount awarded by the CSC.
Section 1. Scope. – This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission x x x. (Emphasis supplied.)In PAGCOR v. Aumentado, Jr.,[59] this Court ruled that it is clear from the above-quoted provision that the CA’s jurisdiction covers not merely final judgments and final orders of the CSC, but also awards, judgments, final orders or resolutions of the CSC.[60]
WHEREFORE, the incumbent City Mayor of Makati is hereby directed to recompute the full back salaries and other benefits of Emerita B. Odeña which she is entitled for seven (7) years, eight (8) months, and twenty-eight (28) days, the entire period she was out of the service as a result of her illegal dismissal. Said benefits shall include the allowances, 13th month pay, bonuses, cash gifts, all other monetary benefits which other employees of the City Government of Makati received within the same period, yearly fifteen (15) days sick and fifteen (15) days vacation leave benefits for the same period including commutation of her entire accrued leave credits that she earned prior to her illegal dismissal. Should there appear, upon re-computation of Odeña’s back salaries and other benefit, an excess of the amount of P558,944.19 which she already received, said excess must be immediately paid her.The directive addressed to petitioner to recompute the amount of full back salaries and other benefits is derived from the enforcement of this Court’s 2007 Decision.
The City Mayor of Makati is directed to report to the Commission the action he will take to implement the Resolution, within 15 days from receipt hereof. He is likewise reminded that his failure to implement the decision of the Commission shall be reason enough to cite him in indirect contempt of the Commission and shall be the basis for the filing of administrative and criminal charges against him before the proper forum.[63] (Emphasis supplied)
WHEREFORE, the motion for reconsideration of the City Government of Makati is hereby DENIED for lack of merit. Accordingly, the directive of the Commission stated in CSC Resolution No. 08-2264 dated December 8, 2008 is REITERATED where the incumbent City Mayor of Makati is directed to re-compute the full back salaries and other benefits of which Emerita B. Odena is entitled to for a period of seven (7) years, eight (8) months, and twenty-eight (28) days. x x x.Based on the foregoing, the CA was correct in treating the CSC Resolutions as orders of execution that were issued in connection with the implementation of this Court’s 2007 Decision. The CA, however erred in dismissing petitioner’s Rule 43 Petition for being improper.
SECTION 1. Subject of Appeal. — An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable.Indeed, the general rule is that an order of execution is not appealable; otherwise, a case would never end.[67] The CA, however, failed to consider that there are exceptions to this rule. This Court in Banaga v. Majaducon[68] enumerated the exceptions as follows:
No appeal may be taken from:
x x x x
f) An order of execution;
x x x x
In all the above instances where the judgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under Rule 65. (Emphasis supplied)
Even prior to the promulgation of the 1997 Rules of Civil Procedure, the rule that no appeal lies from an order or writ directing the execution of a final judgment, for otherwise a case will not attain finality, is not absolute since a party aggrieved by an improper or irregular execution of a judgment is not without a remedy. Thus, in Limpin v. Intermediate Appellate Court, the Court enumerated the exceptional circumstances where a party may elevate the matter of an improper execution for appeal, to wit:To rule that a special civil action for certiorari constitutes the sole and exclusive remedy to assail a writ or order of execution would unduly restrict the remedy available to a party prejudiced by an improper or illegal execution.[70] It must be borne in mind that the issue in a special civil action for certiorari is whether the lower court acted without or in excess of jurisdiction or with grave abuse of discretion.[71]There may, to be sure, be instances when an error may be committed in the course of execution proceedings prejudicial to the rights of a party. These instances, rare though they may be, do call for correction by a superior court, as where —In these exceptional circumstances, considerations of justice and equity dictate that there be some mode available to the party aggrieved of elevating the question to a higher court. That mode of elevation may be either by appeal (writ of error or certiorari), or by a special civil action of certiorari, prohibition, or mandamus.
1) the writ of execution varies the judgment;
2) there has been a change in the situation of the parties making execution inequitable or unjust;
x x x x
6) it appears that the writ of execution has been improvidently issued, or that it is defective in substance, or is issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority;
The aforementioned pronouncement has been reiterated in cases subsequent to t he adoption of the 1997 Rules of Civil Procedure. The Court finds no sound justification to abandon the aforequoted pronouncement insofar as it recognizes the filing of an ordinary appeal as a proper remedy to assail a writ or order issued in connection with the execution of a final judgment, where a factual review in the manner of execution is called for to determine whether the challenged writ or order has indeed varied the tenor of the final judgment.[69] (Emphases supplied)
1. The Letter-Complaint is a belated attempt to seek the reversal of the 2007 Decision, which should not have been considered by the CSC in the first place. Thus, the CSC Resolutions awarding additional amounts arising therefrom are void and ineffectual.To recall, the 2007 Decision, in relation to the CA Decision dated 14 May 2004, directed petitioner to do two things: (1) to reinstate respondent to her former position;[72] and (2) to pay her back wages to be computed from the time of her illegal dismissal until her reinstatement to her former position, but not to exceed five (5) years.
2. The CSC Resolutions are void and ineffectual for varying the tenor of our 2007 Decision.
3. Petitioner had already complied with this Court’s 2007 Decision, and its obligation under the 2007 Decision was extinguished, when it paid respondent the amount of P558,944.19 representing her backwages, from the time of illegal dismissal up to reinstatement (in this case, early retirement) for a period not exceeding five (5) years. The amounts awarded by the CSC exceeding this payment is not justified under this Court’s 2007 Decision.
Ipinaglaban ko itong karapatang ito at ito ay aking nakamtan sa papel nga lamang dahil hindi ito lubos na kapanalunan. Limang taong kabayaran katumbas ng halos walong (8) taong pagdurusa ko at ng aking pamilya, ito ba ang tamang katarungan na iginawad sa akin ng City Government of Makati? Proseso po ba ng inyong pamahalaan ang pagpapapirma ng pilit ng Release quit claim at waiver (See attached ‘A&B’) na pag hindi ka pumirma hindi mo makukuha ang iyong kabayaran. Kinontra ko iyon sa pagdagdag ng gusto ko (See attached ‘C&C-1’) ngunit walang nangyari. Nagalit sila, matigas daw ang ulo ko di ko raw makukuha ang nais ko pag di ako sumunod. Pananakot para pumirma lang ako sa waiver (see attached ‘D &D-1’) kasama ba iyon sa Decision ng Korte Suprema? Batas ba iyon ng Civil Service Commission?It can be gleaned from the above-quoted portion of the Letter-Complaint that respondent was assailing the award of back wages for a period not exceeding five (5) years as decreed by this Court in the 2007 Decision. In the said Letter-Complaint, respondent expresses her dismay at the seemingly insufficient award of back wages, which were limited to five (5) years vis-à-vis the period of almost eight (8) years that she was out of work. The CSC should have realized that it did not have any authority to entertain any attempt to seek the reversal of the 2007 Decision.
Takot na mamatay sa gutom ang pamilya ko kaya naghihimagsik man ang aking kalooban sa matinding pagtutol ay napilitan akong pirmahan iyon- kapalit ng tsekeng nagkakahalaga ng limang daan at limamput libong piso (P550,000.00) lamang para sa limang (5) taong kabayaran. (See attached “E”) Ito ang nangyari noong Mayo 5, 2008 sa opisina ng legal ng City Hall ng Makati. Ito po ba ay angkop na HATOL na inilapat sa akin ng City Government ng Makati? Alam ko hindi ulit makatarungan ang ginawa nilang ito. Hindi makatarungang pagtanggal sa trabaho ang ginawa nila sa akin noon naipanalo ko nga ang aking karapatan ngunit ngayon hindi pa rin makatarungan ang kanilang kabayaran. Hindi sapat ang limang taong (5) kabayaran sa halos magwawalong (8) taong walang hanapbuhay, dapat po bang ako ang umatang ng kakulangan? Nasaan po ba ang tunay na batas?
x x x x
Kaya muli po akong maninikluhod upang humingi ng tamang hustisya at mabigyang linaw ang lahat ng katanungan ko sa kung ano ang tunay na batas ng Civil Service Commission. Sana po ay mabigyan ng makatarungang paglapat ng hustisya ang hamak na kawani na katulad ko nang sa ganon ay hindi na maulit muli, at sana ay mabigyan ng karampatang lunas ang hinaing kong ito at maimplemento nang tama ang CSC Resolution 08-132 sa lalong madaling panahon.[74] (Emphasis supplied.)
However, as regards the CSC’s order to pay Emerita Odeña’s “salaries from the time of her separation up to her actual reinstatement,” the Court deems it appropriate to modify the same. It is settled that an illegally terminated civil service employee is entitled to back salaries limited only to a maximum period of five years, not full back salaries from her illegal dismissal up to her reinstatement (Marohombsar vs. Court of Appeals, 326 SCRA 62 [2000]). Hence, considering that Emerita Odeña was dropped from the rolls effective at the close of office hours of May 15, 2000, her back salaries shall be computed from May 16, 2000 up to date of reinstatement, but not to exceed five (5) years.[84] (Emphases supplied)The five-year limit was also reflected in the dispositive portion of the CA Decision as follows:
WHEREFORE, the petition is DISMISSED for lack of merit. CSC Resolution No. 010962 dated May 29, 2001[85] and CSC Resolution No. 021491 dated November 18, 2002[86] are affirmed, without prejudice to the filing of whatever appropriate disciplinary case against Emerita Odeña, and subject to the modification that payment of her back salaries shall be computed from date of dismissal up to date of reinstatement, but in no case to exceed five (5) years.The discussion in the 2007 Decision did not mention any qualification pertaining to the five-year limit set by the CA on the amount of back wages to be received by respondent. Likewise, the dispositive portion of the 2007 Decision simply provides as follows:
SO ORDERED. (Emphasis supplied)[87]
WHEREFORE, the instant petition is DISMISSED for lack of merit. The assailed CA Decision dated May 14, 2004 is hereby AFFIRMED. Costs against petitioners.Thus, our 2007 Decision unequivocally affirmed the CA Decision dated 14 May 2004[88] without modification. Since there is no qualification stated in either the body or the dispositive portion, the ordinary and literal meaning of the word “affirm” should prevail, that is, that the CA Decision had been affirmed in its entirety; including the five-year limit imposed by the appellate court.[89] This Court in Jose Clavano, Inc. v. HLURB[90] reiterated previous rulings wherein We nullified orders that veered away from the dispositive portion of final judgments:
SO ORDERED. (Emphasis supplied)
Clearly, there is nothing in the body much less in the dispositive portion of the HLURB Decision nor in the pleadings of the parties from where we may deduce that petitioner must pay for the amounts spent in transferring title to private respondents. It is well-settled that under these circumstances no process may be issued to enforce the asserted legal obligation. In De la Cruz Vda. de Nabong v. Sadang we nullified an order requiring an indemnity bond since the requirement was not contained in the dispositive part of the final judgment. Similarly in Supercars, Inc. v. Minister of Labor we set aside the award of backwages for the period that the writ of execution was unserved since the final and executory decision of the Minister of Labor merely directed the reinstatement of the laborers to their former positions. Finally, David v. Court of Appeals affirmed the ruling of the Court of Appeals mandating the payment of simple legal interest only with nothing said about compounded interest since the judgment sought to be executed therein ordered the payment of simple legal interest only and held nothing about payment of compounded interest. This Court can do no less than follow these precedents in the instant petition.We have often ruled that when the dispositive portion of a judgment is clear and unequivocal, it must be executed strictly according to its tenor.[91] A definitive judgment is no longer subject to change, revision, amendment or reversal. Upon finality of the judgment, the Court loses its jurisdiction to amend, modify or alter it.[92] The 2007 Decision had been clear and unambiguous to both parties; otherwise, the parties would have filed a motion for its clarification, but neither party did in this case. Thus, the CSC’s act of increasing the amount of benefits awarded to respondent was improper. It did not have any authority to modify, let alone increase the said award which has already been adjudged with finality.
x x x x
Verily, since the Orders in question are a wide departure from and a material amplification of the final and at least executory HLURB Decision, they are pro tanto void and absolutely unenforceable for any purpose. It is well settled that after the decision has become final and executory, it can no longer be amended or corrected by the court except for clerical errors or mistakes. In Robles v. Timario we nullified and set aside the imposition of interest in a subsequent order of the lower court on the ground that the dispositive part of the judgment “absolutely made no mention of any interest on the amount of the judgment, hence there is no ambiguity to be clarified from the statements made in the body of the decision x x x” We shall do the same in the instant case. (Emphasis supplied)
To be valid, a Deed of Release, Waiver and/or Quitclaim must meet the following requirements: (1) that there was no fraud or deceit on the part of any of the parties; (2) that the consideration for the quitclaim is credible and reasonable; and (3) that the contract is not contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law. Courts have stepped in to invalidate questionable transactions, especially where there is clear proof that a waiver, for instance, was obtained from an unsuspecting or a gullible person, or where the agreement or settlement was unconscionable on its face. A quitclaim is ineffective in barring recovery of the full measure of a worker's rights, and the acceptance of benefits therefrom does not amount to estoppel. Moreover, a quitclaim in which the consideration is scandalously low and inequitable cannot be an obstacle to the pursuit of a worker's legitimate claim.A reading of the wording of the Release, Waiver and Quitclaim[98] executed by respondent reveals that the waiver also included her retirement benefits as follows:
1. In accordance with the Decision of the Supreme Court dated June 08, 2007 in SC G.R. 163683, I hereby agree to accept payment in the amount of FIVE HUNDRED FIFTY EIGHT THOUSAND NINE HUNDRED FORTY FOUR AND 19/100 (Php 558,944.19) which is full and total payment pursuant to the said Decision;We find that respondent’s waiver is void and contrary to public policy, insofar as it included therein her entitlement to retirement benefits.
2. It is understood and agreed that with the payment to me of the specified amount, receipt of which is hereby acknowledged, I hereby release and forever discharge the City Government of Makati of all its obligations and liabilities pursuant to the said Decision and in relation to my previous employment to the City Government of Makati;
3. It is also understood and agreed that the amount paid to me is in full settlement of my benefits, except for the terminal leave earned during the period that I rendered actual service to the City Government of Makati as maybe allowed under the law, and I hereby waive any further action, causes of actions, demands, damages, or any claim whatsoever against the City Government of Makati and its officials;
4. Further, I hereby state that I have carefully read and understood the foregoing release, waiver and quitclaim and have signed the same freely and voluntarily. (Emphases supplied)
“Wherefore the instant Petition is dismissed for lack of merit. The assailed CA Decision dated May 14, 2004 is hereby AFFIRMED. Costs against petitioners.” (Rollo, p. 28).[6] Rollo, p. 91, CSC Resolution No. 010962 dated 29 May 2001, p. 4.
In turn, the CA Decision dated May 14, 2004, provides:
“WHEREFORE, the petition is DISMISSED for lack of merit. CSC Resolution No. 010962 dated May 29, 2001 and CSC Resolution No. 021491 dated November 18, 2002 are affirmed, without prejudice to the filing of whatever appropriate disciplinary case against Emerita Odeña, and subject to the modification that payment of her back salaries shall be computed from date of dismissal up to date of reinstatement, but in no case to exceed five (5) years.” (Emphasis supplied; rollo, p. 23)
WHEREFORE, the appeal of Emerita B. Odena is hereby GRANTED. The Memorandum of Mayor Elenita S. Binay dated June 8, 2000 dropping her from the rolls is hereby set aside. Accordingly, Odena is hereby reinstated to her former position without loss of seniority rights and other privileges appurtenant to the position. Furthermore, she should be paid her salaries from the time of her separation up to her actual reinstatement. However, that is without prejudice to whatever disciplinary case which may be commenced against her. (Emphasis supplied.)[11] Rollo (G.R. No. 163683), pp. 32-35.
“WHEREFORE, the motion for reconsideration of former Mayor Elenita S. Binay is hereby DENIED for want of merit. Accordingly, CSC Resolution No. 01-0962 dated May 29, 2011 directing the immediate reinstatement of Emerita B. Odena and the payment of her back salaries and other benefits from the date of her separation from the service up to her actual reinstatement, STANDS.” [Rollo (G.R. No. 163683), pp. 32-35.][12] Odeña v. Binay, docketed as CA-G.R. SP No. 74411.