AMICABLE SETTLEMENT
COME NOW, the parties in the above entitled case, assisted by their respective counsels, and to this Hon. Supreme Court respectfully submit the following terms and conditions by way of Compromise Agreement:
That both parties agreed to settle this case for the best interest of the University;
That as a consequence thereof, herein Petitioner shall pay the following items pursuant to the Resolution of the Hon. ds to this item, the excess of 18 hours will be considered overload inside office hours. The claim covers 50%, of the unpaid overload inside which shall be paid in four (4) installments beginning April 7, 1980.
1. Overload claim: With regarpay the special salary increase provided in the Manual of Policies, Rules and Regulations of the University to faculty members who shall have passed the Board, bar or equivalent civil service examinations in accordance with the following guidelines:
2. Five-day service incentive leave pay of probationary teachers or faculty members who have rendered more than one year of service and who are not enjoying at least 5 days vacation leave benefit.
3. The benefit which is fixed by GAUF policies to faculty members who passed Board, Civil Service and other government examinations, computed from the time of passing.
The University shall Deputy Minister of Labor dated February 21, 1980:
1. The examination shall have been taken when the faculty member is already employed with the University.
2. The amount shall be paid effective as of the date of release of the examination rating (date of certificate of rating) provided; however, that examinations taken before the Manual of Policies, Rules and Regulations took effective on September 6, 1972 will not be considered for the purpose of said benefit.
3. Those who shall heretofore pass the aforementioned examinations shall be paid the corresponding benefit effective on the date of the presentation of the necessary certificate of rating in said examinations.
4. The University shall pay Domingo Espiritu all the benefits enjoyed by regular workers for three (3) years immediately preceding the date of filing of the complaint.
5. The University shall implement the 30-day multiplier as specifically provided under Sec. 278, Art. 67 of the GAUF Policies.
6. The University shall pay the P50.00 monthly emergency cost of living allowance under PD 525 to all employees who were enjoying the benefit and were deprived of it when their salaries reached P600.00 or more.
7. The University shall comply with P. D. 451, if 60% of the tuition fee increases is not fully implemented. To determine compliance, a three-man committee of one representative of complainants, one representative of the respondent and a representative of the Ministry of Labor who will act as Chairman will examine relevant records of the company.
8. The University shall compute and pay the differential of the 13%, pay adjustment with the 30-day multiplier in fixing the minimum wage per sec. 278, Art. 67 of GAUF policies.
That herein respondents, GAUF Faculty Society and Employees' Association waive the right to claim for the ten (10) paid legal holidays from the time this benefit was withdrawn and agreed that this issue be considered closed for any future legal action;
That as a condition precedent to the waiver, on holiday pay, the amount of P60,000.00 has been paid to herein respondents as 'Signing Compromise Pay';
That herein Petitioner shall pay the aforesaid claims;
That attorney's fees of 10% shall be deducted for every weekly payments provided such deduction is expressly authorized in writing by the respective Presidents of the GAUF Faculty Society and Employees' Association and/or its members;
That this Compromise Agreement shall be a bar of respondents to file any court action against Petitioner, it assigns and/or representatives now or in the future and that this particular case is for all its legal intents and purposes considered closed.
WHEREFORE, the parties respectfully pray that judgment be rendered on the basis of the terms and conditions of this Compromise Agreement.
Manila, Philippines, November 25, 1980.
GREGORIO ARANETA UNIVERSITY FOUNDATION (Petitioner)
By:
(Sgd.) Vitaliano Bernardino VITALIANO BERNARDINO President
GAUF FACULTY SOCIETY AND GAUF EMPLOYEES' ASSOCIATION
(Respondents)
By:
(Sgd.) Josefina B. Callangan
JOSEFINA B. CALLANGAN
President, Faculty Society
(Sgd.) Emiliano Mendana
EMILIANO MENDANA
President, Employees' Association
Attested by:
GONZALES, VERCELES & ASSOCIATES Counsel for Private Respondents 609 San Marcelino Street Ermita, Manila
By:
Sgd. (Illegible) (Sgd.) Marcelo C. Amiana
(Sgd.) Pablita Ammay
MARCELO C. AMIANA & PABLITA AMMAY
Counsel for Petitioner Gregorio Araneta University Foundation
Copy furnished:
The Solicitor General Hon. Amado G. Inciong Manila Deputy Minister of Labor Intramuros, Manila
