THIRD DIVISION
G.R. No. 193451, January 28, 2015
ANTONIO M. MAGTALAS, Petitioner, v. ISIDORO A. ANTE, RAUL C. ADDATU, NICANOR B. PADILLA, JR., DANTE Y. CEÑIDO, AND RHAMIR C. DALIOAN, Respondent.
D E C I S I O N
VILLARAMA, JR., J.:
WHEREFORE, premises considered, the appeals are DISMISSED for non-perfection. The assailed decision dated October 09, 2007 is hereby AFFIRMED and rendered FINAL and EXECUTORY. The motions to reduce bond are DENIED for lack of merit.Petitioner moved for reconsideration,14 but the motion was denied in a Resolution dated November 25, 2008 for lack of merit, viz.:ChanRoblesVirtualawlibrary
SO ORDERED.13
WHEREFORE, in light of the foregoing, the Motion for Reconsideration is hereby DENIED for lack of merit. No further Motions shall be entertained.Petitioner then filed a Petition for Certiorari16 – separately from PSBA-Manila and Peralta – with the CA. The petition filed by Magtalas was docketed as CA-G.R. SP No. 107316, while PSBA-Manila and Peralta’s petition was docketed as CA-G.R. SP No. 107029. Herein respondents subsequently moved to consolidate the petitions. The appellate court granted the motion.
SO ORDERED.15
WHEREFORE, finding no grave abuse of discretion amounting to lack or excess of jurisdiction on the part of public respondent National Labor Relations Commission, Sixth Division, the assailed Resolutions dated June 25, 2008 and November 25, 2008 issued in NLRC LAC No. 12-003259-07, which dismissed the appeal filed by petitioners in NLRC NCR Case No. 00-04-03133-06 for failure to perfect the same pursuant to Sections 4 and 6 of the NLRC Rules of Procedure, are hereby AFFIRMED. The consolidated petitions for certiorari docketed as CA-G.R. SP No. 107029 and CA-G.R. SP No. 107316 are hereby DISMISSED.Petitioner Magtalas sought reconsideration in a motion18 dated July 15, 2010, but the motion was denied by the appellate court in its Resolution dated August 11, 2010, viz.:ChanRoblesVirtualawlibrary
SO ORDERED.17
WHEREFORE, the instant Motions for Reconsideration are DENIED for lack of merit.Petitioner Magtalas seeks recourse to this Court via the instant petition for review filed on October 8, 2010 and assigned this docket number. The instant petition assails the dismissal of his appeal by the NLRC due to his failure to post a sufficient bond. Petitioner also reiterates his argument that he is not covered by the rule of the NLRC on appeal bonds because he was not the employer of respondents. He also questions the findings of the NLRC that respondents were regular employees of PSBA-Manila and that they were illegally dismissed.
SO ORDERED.19
We, complainants Isidoro A. Ante, Raul C. Addatu, Nicanor B. Padilla, Jr., Dante Y. Ceñido, and Rhamir C. Dalioan, after having been duly sworn in accordance with law, hereby depose, state and declare that the judgment award in the above-entitled case is fully satisfied for and in consideration of the negotiated amount of NINE MILLION PHILIPPINE PESOS (PHP 9,000,000.00), receipt in full of which, We hereby acknowledge from Philippine School of Business Administration.In an Addendum (to Release, Waiver and Quitclaim)21 dated and stamp received by the Office of the Labor Arbiter, NLRC-NCR on the same day, March 23, 2011, herein respondents further manifested, viz.:ChanRoblesVirtualawlibrary
The aforestated negotiated amount is broken down as follows:ChanRoblesVirtualawlibraryWe declare that above-mentioned negotiated amount represents full and final settlement of all Our claims for remuneration, wages and/or benefits of whatever nature from the said Respondents including those treated in the above-captioned case.
Dante Y. Ceñido PHP 2,395,886.00Nicanor B. Padilla, Jr. 2,345,845.00Raul C. Addatu 1,768,509.00Isidoro A. Ante 1,192[,]942.00Rhamir C. Dalioan 1,296,818.00TOTAL AMOUNT PHP 9,000,000.00
We further declare that We have no other claims, whatsoever, against the Respondents and hereby release and forever discharge said Respondents from any and all claims, demands, causes of action and/or liability of whatever nature arising out of our adjudged employment with them. No further claim, suit or proceeding of whatever nature may be filed in court or agency of the government against the herein Respondents or any person acting in their interest.
Acknowledging that the negotiated amount that We have received was paid pursuant to a judgment award, we undertake to comply with any tax obligation that might be due thereon, should there be any.
IN WITNESS WHEREOF, We, the recipients of the aforementioned negotiated amounts, have hereunto set Our hands on the Release, Waiver and Quitclaim this 23rd day of March, 2011, in Quezon City, Philippines, as follows:
Names and Signatures of Recipients Valid I.D. No. Date Issued Place IssuedDante Y. Ceñido SGD. 1957662 9-5-09 Q.C.Nicano[r] B. Padilla, Jr. SGD. _______ _______ _______Raul C. Addatu SGD. 97598 11-27-08 Q.C.Isidoro A. Ante SGD. _______ _______ _______Rhamir C. Dalioan SGD. _______ _______ _______
SUBS[C]RIBED AND SWORN to before me on the 23rd day of March, 2011 at Quezon City, Metro – Manila (sic), Philippines, and the above enumerated Affiants exhibiting to me their valid I.Ds. with the respective dates and places of issues.(SGD.)
ATTY. FE S. CELLAN
NOTARY PUBLIC
LABOR ARBITER
We, complainants Isidoro A. Ante, Raul C. Addatu, Nicanor B. Padilla, Jr., Dante Y. Ceñido and Rhamir C. Dalioan, after having been duly sworn in accordance with law, hereby depose, state and declare that the negotiated amount of NINE MILLION PHILIPPINE PESOS (PHP 9,000,000.00), in Philippine currency, which we received from Philippine School of Business Administration (Manila) and the Release, Waiver and Quitclaim that we executed in consideration thereof, includes the release, waiver and quitclaim of any and all claims that We may have against Philippine School of Business Administration, Inc. – Quezon City.In view of the execution of the above Release, Waiver, and Quitclaim and the Addendum (to Release, Waiver and Quitclaim) on March 23, 2011, PSBA-Manila and Peralta filed a Manifestation with Motion to Dismiss22 on April 14, 2011. They moved for the dismissal of the petitions docketed under G.R. Nos. 193438 and 194184 due to the execution of these documents.
We declare that the above mentioned negotiated amount likewise represents full and final settlement of all our claims for remuneration, wages and/or benefits of whatever nature from Philippine School of Business Administration, Inc. – Quezon City. We hereby release and forever discharge said Philippine School of Business Administration, Inc. – Quezon City, its directors, officers, agents and/or employees from any and all claims, demands, causes of action and/or liability of whatever nature arising out of our employment with them. Henceforth, no further claim, suit or proceeding of whatever nature may be filed in court or agency of the government against said Philippine School of Business Administration, Inc. – Quezon City or any person acting in their interest.
IN WITNESS WHEREOF, We, the recipients of the nine million pesos (PHP 9,000,000.00) in Philippine currency of the aforementioned negotiated amounts have hereunto set Our hands on this ADDENDUM to Release, Waiver and Quitclaim this 23rd day of March, 2011, in Quezon City, Philippines, as follows:
Names and Signatures Valid I.D. No. Date Issued Place IssuedDante Y. Ceñido SGD. 1957662 9-5-09 Q.C.Nicano[r] B. Padilla, Jr. SGD. _______ _______ _______Raul C. Addatu SGD. 97598 11-27-08 Q.C.Isidoro A. Ante SGD. _______ _______ _______Rhamir C. Dalioan SGD. _______ _______ _______
SUBS[C]RIBED AND SWORN to before me on the 23rd day of March, 2011 at Quezon City, Metro – Manila (sic), Philippines, and the above enumerated Affiants exhibiting to me their valid I.Ds. with the respective dates and places of issues.(SGD.)
ATTY. FE S. CELLAN
NOTARY PUBLIC
LABOR ARBITER
Let this case be considered CLOSED and TERMINATED and the parties be INFORMED accordingly.23Despite the issuance by the Third Division of the June 8, 2011 Resolution which declared G.R. Nos. 193438 and 194184 closed and terminated, the Court’s First Division issued a Resolution dated August 15, 2011 directing the First Division Clerk of Court to study whether the case at bar – docketed as G.R. No. 193451 – should be consolidated with G.R. Nos. 193438 and 194184, and to make a Report thereon within ten days from receipt of notice.24 It was the First Division that issued the August 15, 2011 Resolution as this case was transferred from the Third to the First Division in a June 29, 2011 Resolution of this Court.25chanRoblesvirtualLawlibrary
Both G.R. Nos. 193451 and 193438/194184 arose from the same antecedent facts. They also involve essentially the same parties, interrelated issues and similar subject matter.The instant case is a separate appeal filed by petitioner Magtalas seeking recourse from the appellate court’s Decision over an appeal originating from the same complaint28 filed by herein respondents against PSBA-Manila, Peralta and petitioner himself with the Labor Arbitration Branch of the NLRC under the consolidated cases of G.R. Nos. 193438 and 194184. While the instant petition was not consolidated with G.R. Nos. 193438 and 194184 – either on motion of both parties or by this Court motu proprio – a perusal of the Release, Waiver, and Quitclaim and the Addendum (to Release, Waiver and Quitclaim) executed on March 23, 2011 between the same parties has clearly operated to fully and finally settle all of herein respondents’ claims for remuneration, wages and/or benefits of whatever nature from the PSBA, its directors, officers, agents and/or employees from any and all claims, demands, causes of action and/or liability of whatever nature arising out of respondents’ employment with them. The Addendum further stated that “x x x no further claim, suit or proceeding of whatever nature may be filed in court or agency of the government against said Philippine School of Business Administration, Inc. – Quezon City or any person acting in their interest.”29chanRoblesvirtualLawlibrary
However, x x x G.R. Nos. 193438/194184 were already closed and terminated. Hence, the consolidation of G.R. No. 193451 with G.R. Nos. 193438/194184 is no longer proper or necessary and will serve no useful purpose.
Accordingly, it is respectfully recommended that G.R. No. 193451 be not consolidated with G.R. Nos. 193438/194184.27
Endnotes:
1Rollo, pp. 9-40.
2 Id. at 42-55. Penned by Associate Justice Sesinando E. Villon with Associate Justices Marlene Gonzales-Sison and Amy C. Lazaro-Javier concurring.
3 Id. at 57-57-A.
4 Id. at 114-121, 143-146. Dated June 25, 2008 and November 25, 2008.
5 Id. at 12.
6 Id.
7 Id. at 12-13.
8 Id. at 13-14.
9 Id. at 59.
10 Id. at 59-83.
11 Id. at 87-108.
12 Id. at 110-112.
13 Id. at 121.
14 Id. at 122-141.
15 Id. at 145.
16 Id. at 147-175.
17 Id. at 54.
18 Id. at 176-185.
19 Id. at 57-A.
20Rollo (G.R. Nos. 193438 & 194148), pp. 341-342. Emphases in the original.
21 Id. at 343-344. Emphases in the original.
22 Id. at 338-340. Dated April 12, 2011.
23 Id. at 346.
24Rollo, p. 261.
25 Id. at 260.
26 Id. at 263-264.
27 Id. at 264.
28 Complaint for constructive illegal dismissal, non-payment of overtime pay, holiday pay, premium for holiday pay, vacation and sick leave pay, 13th month pay, separation pay and retirement benefits, as well as for moral, exemplary, actual, nominal and temperate damages and attorney’s fees.
29 Supra note 21, at 343.