6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
terminating the case. This is because the Acknowledgment Receipt
she signed when she received petitioners' payment was without
prejudice to the final outcome of the petition for certiorari pending
before the CA.[49] (Emphasis and underscoring supplied)
However, in Career Philippines Ship Management, Inc. v. Madjus[50] (Career
Philippines), the Court made a seemingly contrary ruling from that in Leonis
Navigation, holding that such an agreement is tantamount to an absolute amicable
settlement, thus, rendering the certiorari petition before the CA dismissible for being
moot and academic, viz.:
In effect, while petitioner had the luxury of having other remedies available
to it such as its petition for certiorari pending before the appellate court, and
an eventual appeal to this Court, respondent, on the other hand, could no
longer pursue other claims, including for interests that may accrue during
the pendency of the case.
Contrary to petitioner's assertion, it could not, at the time respondent
moved for the execution of the Labor Arbiter's monetary awards, have been
compelled to immediately pay the judgment award, for it had filed with the
NLRC an appeal bond, intended to assure respondent that if he prevailed in
the case, he would receive the money judgment in his favor upon the
dismissal of the employer's appeal. The Labor Arbiter and the appellate
court may not thus be faulted for interpreting petitioner's
"conditional settlement" to be tantamount to an amicable
settlement of the case resulting in the mootness of the petition for
certiorari.[51] (Emphasis supplied, underscoring in the original)
Fortunately, the Court had the opportunity to reconcile the ostensibly opposing
pronouncements in the Leonis Navigation and Career Philippines cases in Philippine
Transmarine Carriers, Inc. v. Legaspi,[52] (Philippine Transmarine) in this wise:
In Career Philippines, believing that the execution of the LA Decision was
imminent after its petition for injunctive relief was denied, the employer filed
before the LA a pleading embodying a conditional satisfaction of judgment
before the CA and, accordingly, paid the employee the monetary award in
the LA decision. In the said pleading, the employer stated that the
conditional satisfaction of the judgment award was without prejudice to its
pending appeal before the CA and that it was being made only to prevent
the imminent execution.
The CA later dismissed the employer's petition for being moot and academic,
noting that the decision of the LA had attained finality with the satisfaction
of the judgment award. This Court affirmed the ruling of the CA,
interpreting the "conditional settlement" to be tantamount to an
amicable settlement of the case resulting in the mootness of the
petition for certiorari, considering (i) that the employee could no
longer pursue other claims, and (ii) that the employer could not
have been compelled to immediately pay because it had filed an
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61185
5/12